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HomeMy WebLinkAbout(02) MAY 8, 2018 REGULAR MEETING REGULAR MEETING — May 8, 2018 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Moses gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, May 8, 2018 at 8:36 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Derrick Freeman; Councilmembers Raymond Scott, Jr., Thomas Kinlaw, III, Harold Doucet, Charlotte M. Moses and Kaprina Frank; Interim City Manager Harvey Robinson, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Patrick Melvin. Mayor Pro Tern Cal Jones joined the Regular Meeting at 8:40 a.m. II. PROCLAMATIONS Proclamations The Mayor issued the following Proclamations May 12-18 as "Municipal Clerks Week" May 2018 as "Lupus Awareness Month" May 2018 as "Elder Abuse Month And Elder Abuse Prevention Month" May 8, 2018 as "Staff Sergeant Earl Ray Day" May 2018 as "Motorcycle Awareness Month" May 2018 as "Building Maintenance Month" IV. PUBLIC HEARINGS — 9:00 AM (1) A Public Hearing To Consider Z18-03 [Sup# 231] — Specific Use Permit For Approximately 1.873 Acres Of Land, Tract 81, Abstract No. 123 D. Gahagen, Pleasure Island, City Of Port Arthur, Jefferson County, Texas The Mayor introduced the above-mentioned Public Hearing at 9:03 a.m. Planning Manager Pamela Langford appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. The Applicant Thomas Drain, 3432 9th Street appeared before the City Council to answer inquiries regarding the above-mentioned item. Upon the motion of Councilmember Kinlaw seconded by Mayor Pro Tern Jones and carried unanimously, the City Council closed the Public Hearing at 9:06 a.m. (2) A Public Hearing To Consider A Zoning Change From Multiple Family "MF" To Planned Development District — 37 "PD-37" For Approximately 4.658 Acres Of Land, Lots 3, 4, 5 and 6, Block 12, Range "G", Port Arthur Land company Subdivisions, City of Port Arthur, Jefferson County, Texas The Mayor introduced the above-mentioned Public Hearing at 9:07 a.m. Assistant City Manager Ron Burton appeared before the City Council and gave an overview of the above-mentioned item. City Engineer Alberto Elefano appeared before the City Council to answer inquiries regarding the above-mentioned rezoning. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. The following citizens appeared before the City Council to address the above-mentioned item: Dr. Rick Irwin Morris Albright, III, 8018 Tom Drive Tom McDonald, 8019 Tom Drive Robert Lynch, 7817 Spring Meadow Mr. and Mrs. Edward Chatelaine, 4345 Howell Drive Upon the motion of Councilmember Kinlaw, seconded by Mayor Pro Tern Jones and carried unanimously, the City Council closed the Public Hearing at 9:55 a.m. III. PETITIONS & COMMUNICATIONS A. Speakers (1) Victoria A. Woody Regarding Victoria's Special Occasions and Parties LLC, (VSOP) Bringing New Business And Jobs To The City Victoria Woody, 1116 Lakewood Avenue, appeared before the City Council to discuss the above-mentioned topic. (2) Greg Richard Regarding Forensic Audit Workshop Update Greg Richard, 509 H. 0. Mills, appeared before the City Council to discuss the above- mentioned topic. (3) Allen Valka Of Opies's Towing & Transport Regarding City Ordinance 8-105, Parking Limited To Cars, Pickup Trucks, And Vans Allen Valka, 3741 Memorial Blvd., appeared before the City Council to discuss the above-mentioned topic. Code Enforcement Supervisor and Inspector James Brown appeared before the City Council to answer inquiries regarding the above-mentioned topic. B. Presentations (1) A Presentation By Darlene Thomas-Pierre, Director Of Inspections And Code Compliance Regarding Tire And Trash Pick-Up Public Works Director Armando Gutierrez gave the above-mentioned presentation. C. Employee Recognition - None D. Correspondence - None City Council Minutes 2 Regular Meeting — May 8, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (10) P.R. No. 20249 — A Resolution Nominating Motiva Enterprises, LLC To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Band For Designation As A Qualified Business And Enterprise Project Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Doucet and carried, Proposed Resolution No. 20249 was adopted becoming Resolution No. 18-167. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-167 reads as follows: RESOLUTION NO. 18-167 A RESOLUTION NOMINATING MOTIVA ENTERPRISES, LLC TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM (OOGEDT) THROUGH THE ECONOMIC DEVELOPMENT BAND FOR DESIGNATION AS A QUALIFIED BUSINESS AND ENTERPRISE PROJECT UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (11) P.R. No. 20250 — A Resolution Nominating The Premcor Refining Group Inc., To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Bank For Designation As A Qualified Business And Enterprise Project Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Doucet and carried, Proposed Resolution No. 20250 was adopted becoming Resolution No. 18-168. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-168 reads as follows: RESOLUTION NO. 18-168 A RESOLUTION NOMINATING THE PREMCOR REFINING GROUP INC., TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM (OOGEDT) THROUGH THE ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS A City Council Minutes 3 Regular Meeting — May 8, 2018 QUALIFIED BUSINESS AND ENTERPRISE PROJECT UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE III. PETITIONS & COMMUNICATIONS E. Discussion (1) A Discussion Regarding City-Owned Properties (Requested by Councilmember Doucet) Councilmember Doucet led the discussion and no action was taken. V. UNFINISHED BUSINESS (1) P.R. No. 20155 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And Eighteen (18) Vendors: (1) Affordable Lawn Care Of Port Arthur, Texas, (2) All In One Lawn Service Of Port Arthur, Texas, (3) Bladerunners Of Beaumont, Texas, (4) Dee Rite Cut Of Port Arthur, Texas, (5) Derrick And Noah Lawn Service Of Port Arthur, Texas, (6) DMJ Landscaping Of Port Arthur, Texas, (7) Eduardo T.O. Landscaping Of Groves, Texas, (8) Hites Maintenance Of Port Arthur, Texas, (9) Israel Lopez Construction Of Port Arthur, Texas, (10) J & J Lawn Service And Landscaping Of Beaumont, Texas, (11) JL Handyman Of Port Arthur, Texas, (12) K & D Affordable Of Port Arthur, Texas, (13) M & J Lawn Services Of Port Arthur, Texas, (14) Myers And Myers Of Port Arthur, Texas, (15) Newcost Company Of Port Arthur, Texas, (16) South East Texas Lawn And Maintenance Of Beaumont, Texas, (17) S-Mo Unlimited Of Port Arthur, Texas And (18) Support Operation Services Of Port Arthur, Texas For Grass Mowing Services Of Privately-Owned And City-Owned Vacant Lots In Areas Of The City Designated As Areas B Through E, With An Annual Projected Budgetary Impact Of $150,000.00. Funds Are Available In Account Number 001- 1304-541.59-00 — Other Contractual Services The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Doucet, seconded by Councilmember Moses and carried, Proposed Resolution No. 20155 was adopted becoming Resolution No. 18-169. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-169 reads as follows: RESOLUTION NO. 18-169 A RESOLUTION AUTHORIZING ONE (1) YEAR CONTRACTS BETWEEN THE CITY OF PORT ARTHUR AND EIGHTEEN (18) VENDORS: (1) AFFORDABLE LAWN CARE OF PORT ARTHUR, TEXAS, (2) ALL IN ONE LAWN SERVICE OF PORT ARTHUR, TEXAS, (3) BLADERUNNERS OF BEAUMONT, TEXAS, (4) DEE RITE CUT OF PORT ARTHUR, TEXAS, (5) DERRICK AND NOAH LAWN SERVICE OF PORT ARTHUR, TEXAS, (6) City Council Minutes Regular Meeting — May 8, 2018 DMJ LANDSCAPING OF PORT ARTHUR, TEXAS, (7) EDUARDO T.O. LANDSCAPING OF GROVES, TEXAS, (8) HITES MAINTENANCE OF PORT ARTHUR, TEXAS, (9) ISRAEL LOPEZ CONSTRUCTION OF PORT ARTHUR, TEXAS, (10) J & J LAWN SERVICE AND LANDSCAPING OF BEAUMONT, TEXAS, (11) JL HANDYMAN OF PORT ARTHUR, TEXAS, (12) K & D AFFORDABLE OF PORT ARTHUR, TEXAS, (13) M & J LAWN SERVICES OF PORT ARTHUR, TEXAS, (14) MYERS AND MYERS OF PORT ARTHUR, TEXAS, (15) NEWCOST COMPANY OF PORT ARTHUR, TEXAS, (16) SOUTH EAST TEXAS LAWN AND MAINTENANCE OF BEAUMONT, TEXAS, (17) S- MO UNLIMITED OF PORT ARTHUR, TEXAS AND (18) SUPPORT OPERATION SERVICES OF PORT ARTHUR, TEXAS FOR GRASS MOWING SERVICES OF PRIVATELY-OWNED AND CITY- OWNED VACANT LOTS IN AREAS OF THE CITY DESIGNATED AS AREAS B THROUGH E, WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF $150,000.00. FUNDS ARE AVAILABLE IN ACCOUNT NUMBER 001-1304-541.59-00 — OTHER CONTRACTUAL SERVICES VI. CONSENT AGENDA Upon the motion of Councilmember Doucet, seconded by Councilmember Kinlaw and carried, the following Consent Agenda items were adopted: Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. A. Expense Reports — None B. Minutes April 24, 2018 Regular Meeting C. Resolutions (1) P.R. No. 20186 — A Resolution Authorizing The Execution Of A Utilities Relocation Agreement Between The City Of Port Arthur And Port Arthur LNG Holdings, LLC Pertaining To A Public Utility Easement Whereupon A Liquefaction Facility Will Be Erected Located In The City Of Port Arthur Proposed Resolution No. 20186 was adopted becoming Resolution No. 18-170. (2) P.R. No. 20204 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Excavation And Construction, LLC Of Port Arthur, Texas For The Lakeshore Drive Roadway Pavement Replacement Project With A Projected Budgetary Impact Amount Of $560,000.00. Funding Is Available In Account Under The Capital Improvement Account For Street Maintenance 307- 1601-591.86-01 Project# EDC002 Proposed Resolution No. 20204 was adopted becoming Resolution No. 18-171. City Council Minutes Regular Meeting — May 8, 2018 (3) P.R. No. 20226 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $50,223.24 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To City Hall Annex Building Proposed Resolution No. 20226 was adopted becoming Resolution No. 18-172. (4) P.R. No. 20227 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $10,080.40 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Water Distribution Unit #2005 Proposed Resolution No. 20227 was adopted becoming Resolution No. 18-173. (5) P.R. No. 20228 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $2,443,519.75 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damages To City Vehicles Due To Hurricane Harvey (August 30, 2017) Proposed Resolution No. 20228 was adopted becoming Resolution No. 18-174. (6) P.R. No. 20242 — A Resolution Authorizing The City Manager To Make A Payment To Texas Commission On Environmental Quality (TCEQ) For The Second Quarter Fee For Landfill Disposal With A Not To Exceed Amount Of $29,566.07. Funding Is Available In Account No. 403-1274- 533.59-01, Public Works Department Landfill Division — Regulatory Fees/Fines Proposed Resolution No. 20242 was adopted becoming Resolution No. 18-175. (7) P.R. No. 20243 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $14,955.90 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damages To A Unit Of Mobile Equipment Due To Hurricane Harvey (August 30, 2017) (2016 Gradall Excavator DE) Proposed Resolution No. 20243 was adopted becoming Resolution No. 18-176. (8) P.R. No. 20244 — A Resolution Authorizing The Third Year And Final Year Of The Contract With Siddons-Martin Emergency Group Of Port Arthur And Houston, Texas, For Preventative Maintenance And Repair To Fire Department Fire Apparatus And Other Special Response Vehicles, With A Projected Budgetary Impact Of $200,000.00; Funding Available In Fire Department Vehicle Maintenance Account No. 001-1121-522.43-00 Proposed Resolution No. 20244 was adopted becoming Resolution No. 18-177. (9) P.R. No. 20245 — A Resolution Authorizing The Donation Of Ten (10) Outdated Self Contained Breathing Apparatus (SCBAs) To The Lamar Institute Of Technology Fire Academy City Council Minutes r, Regular Meeting — May 8, 2018 Proposed Resolution No. 20245 was adopted becoming Resolution No. 18-178. (12) P.R. No. 20252 — A Resolution Authorizing The Purchase Of Sixteen (16) Police Vehicles Via The Texas GoodBuy Cooperative Purchasing Contract From Silsbee Ford Of Silsbee, Texas In The Amount Of $501,032.48; Funding Available In Account Numbers: 147-2300-901.92-00, Project No. 082617; 001-1101-521.11-00; And 001-1101- 521.57-00 Proposed Resolution No. 20252 was adopted becoming Resolution No. 18-179. (13) P.R. No. 20253 — A Resolution Authorizing The City Of Port Arthur To Participate In An Interlocal Agreement For Cooperative Purchasing With GoodBuy Purchasing Cooperative Of The Education Service Center, Region 2 Proposed Resolution No. 20253 was adopted becoming Resolution No. 18-180. (14) P.R. No. 20255 — A Resolution Authorizing The City Manager To Enter Into A Six (6) Months Lease With Karey Amick Of B&H Enterprises, Inc., For The Property Located At 949 T.B. Ellison Parkway, Also Known As The Pleasure Island Boat Yard Proposed Resolution No. 20255 was adopted becoming Resolution No. 18-181. (15) P.R. No. 20257 — A Resolution Authorizing The City Manager To Execute Change Order No. 02 To The Contract Between The City Of Port Arthur And Old Castle Materials Gulf Coast, Inc., Of Beaumont, Texas For The West Rev. Dr. Ransom Howard (West 7th) Street Pavement Rehabilitation Project Increasing The Contract Amount By $55,493.82 To A New Total Amount Of $1,443.369.07 And Increasing The Contract Term By 36 Calendar Days To A New Total Of 177 Days. Funding Available In GLO Round 2.2 Program, Project No. I22W7, Account No. 145-1201- 532.59-00 ($730,000.00) And Capital Projects Account 307-1601-591.86-00 ($713,369.07) Proposed Resolution No. 20257 was adopted becoming Resolution No. 18-182. A. Resolutions (1) P.R. No. 20183 — A Resolution Rejecting All Request For Qualifications For Engineering Design And Construction Management Services Street Program Year One The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Doucet, seconded by Councilmember Moses and carried, Proposed Resolution No. 20183 was adopted becoming Resolution No. 18-183. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-183 reads as follows: City Council Minutes 7 Regular Meeting — May 8, 2018 RESOLUTION NO. 18-183 A RESOLUTION REJECTING ALL REQUEST FOR QUALIFICATIONS FOR ENGINEERING DESIGN AND CONSTRUCTION MANAGEMENT SERVICES STREET PROGRAM YEAR ONE (3) P.R. No. 20221 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The Roadway Design Of 15th Street With A Projected Budgetary Amount Of $66,111.00. Funding Is Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Streets Improvement The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Doucet, seconded by Mayor Pro Tem Jones and carried, Proposed Resolution No. 20221 was adopted becoming Resolution No. 18-184. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-184 reads as follows: RESOLUTION NO. 18-184 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND ARCENEAUX, WILSON AND COLE, LLC OF PORT ARTHUR, TEXAS FOR THE ROADWAY DESIGN OF 15TH STREET WITH A PROJECTED BUDGETARY AMOUNT OF $66,111.00. FUNDING IS AVAILABLE IN ACCOUNT 307- 1601-591.86.00 UNDER THE CAPITAL IMPROVEMENTS ACCOUNT FOR STREETS IMPROVEMENT 4 P.R. N . 2 222 — A 0 0 Resolution AuthorizingThe City ) Manager To Execute An Agreement Between The City Of Port Arthur And Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The Roadway Design Of Willow Avenue With A Projected Budgetary Amount Of $99,135.00. Funding Is Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Streets Improvement The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Scott, seconded by Mayor Pro Tern Jones and carried, Proposed Resolution No. 20222 was adopted becoming Resolution No. 18-185. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-185 reads as follows: City Council Minutes S Regular Meeting — May 8, 2018 RESOLUTION NO. 18-185 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND ARCENEAUX, WILSON AND COLE, LLC OF PORT ARTHUR, TEXAS FOR THE ROADWAY DESIGN OF WILLOW AVENUE WITH A PROJECTED BUDGETARY AMOUNT OF $99,135.00. FUNDING IS AVAILABLE IN ACCOUNT 307- 1601-591.86.00 UNDER THE CAPITAL IMPROVEMENTS ACCOUNT FOR STREETS IMPROVEMENT (5) P.R. No. 20223 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The Roadway Design Of 60th Street With A Projected Budgetary Amount Of $110,703.00. Funding Is Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Streets Improvement The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Doucet and carried, Proposed Resolution No. 20223 was adopted becoming Resolution No. 18-186. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-186 reads as follows: RESOLUTION NO. 18-186 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND ARCENEAUX, WILSON AND COLE, LLC OF PORT ARTHUR, TEXAS FOR THE ROADWAY DESIGN OF 60TH STREET WITH A PROJECTED BUDGETARY AMOUNT OF $110,703.00. FUNDING IS AVAILABLE IN ACCOUNT 307- 1601-591.86.00 UNDER THE CAPITAL IMPROVEMENTS ACCOUNT FOR STREETS IMPROVEMENT (6) P.R. No. 20230 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Action Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway Design Of Sunken Court — Phase I With A Projected Budgetary Amount Of $106,300.00. Funding Is Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Street Improvement The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Mayor Pro Tern Jones and carried, Proposed Resolution No. 20230 was adopted becoming Resolution No. 18-187. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. City Council Minutes O Regular Meeting — May 8, 2018 Voting No: None. The caption of Resolution No. 18-187 reads as follows: RESOLUTION NO. 18-187 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND ACTION CIVIL ENGINEERS, PLLC OF PORT ARTHUR, TEXAS FOR THE ROADWAY DESIGN OF SUNKEN COURT — PHASE I WITH A PROJECTED BUDGETARY AMOUNT OF $106,300.00. FUNDING IS AVAILABLE IN ACCOUNT 307-1601-591.86.00 UNDER THE CAPITAL IMPROVEMENTS ACCOUNT FOR STREET IMPROVEMENT (7) P.R. No. 20231 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Action Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway Design Of Sunken Court — Phase II With A Projected Budgetary Amount Of $110,500.00. Funding Is Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Street Improvement The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Mayor Pro Tem Jones and carried, Proposed Resolution No. 20231 was adopted becoming Resolution No. 18-188. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-188 reads as follows: RESOLUTION NO. 18-188 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND ACTION CIVIL ENGINEERS, PLLC OF PORT ARTHUR, TEXAS FOR THE ROADWAY DESIGN OF SUNKEN COURT — PHASE II WITH A PROJECTED BUDGETARY AMOUNT OF $110,500.00. FUNDING IS AVAILABLE IN ACCOUNT 307-1601-591.86.00 UNDER THE CAPITAL IMPROVEMENTS ACCOUNT FOR STREET IMPROVEMENT (8) P.R. No. 20232 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Soutex Surveyors And Engineers Of Port Arthur, Texas For The Roadway Design Of Carolina Avenue With A Projected Budgetary Amount Of $106,000.00. Funding Is Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Streets Improvement The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes lu Regular Meeting — May 8, 2018 Upon the motion of Mayor Pro Tem Jones, seconded by Councilmember Scott and carried, Proposed Resolution No. 20232 was adopted becoming Resolution No. 18-189. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-189 reads as follows: RESOLUTION NO. 18-189 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND SOUTEX SURVEYORS AND ENGINEERS OF PORT ARTHUR, TEXAS FOR THE ROADWAY DESIGN OF CAROLINA AVENUE WITH A PROJECTED BUDGETARY AMOUNT OF $106,000.00. FUNDING IS AVAILABLE IN ACCOUNT 307-1601-591.86.00 UNDER THE CAPITAL IMPROVEMENTS ACCOUNT FOR STREETS IMPROVEMENT (9) P.R. No. 20233 — A Resolution Authorizing The City Manager To Execute A Professional Services Agreement Between The City Of Port Arthur And Soutex Surveyors And Engineers Of Port Arthur, Texas For The Roadway Design Of 8th Avenue With A Projected Budgetary Amount Of $106,000.00. Funding Is Available In Account 307-1601- 591.86.00 Under The Capital Improvements Account For Streets Improvement The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Doucet and carried, Proposed Resolution No. 20233 was adopted becoming Resolution No. 18-190. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-190 reads as follows: RESOLUTION NO. 18-190 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND SOUTEX SURVEYORS AND ENGINEERS OF PORT ARTHUR, TEXAS FOR THE ROADWAY DESIGN OF 8TH AVENUE WITH A PROJECTED BUDGETARY AMOUNT OF $106,000.00. FUNDING IS AVAILABLE IN ACCOUNT 307-1601-591.86.00 UNDER THE CAPITAL IMPROVEMENTS ACCOUNT FOR STREETS IMPROVEMENT (10) P.R. No. 20238 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Action Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway Design Of Nashville Avenue With A Projected Budgetary Amount Of $109,500.00. Funding Is City Council Minutes Regular Meeting — May 8, 2018 Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Streets Improvement The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Doucet, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 20238 was adopted becoming Resolution No. 18-191. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-191 reads as follows: RESOLUTION NO. 18-191 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND ACTION CIVIL ENGINEERS, PLLC OF PORT ARTHUR, TEXAS FOR THE ROADWAY DESIGN OF NASHVILLE AVENUE WITH A PROJECTED BUDGETARY AMOUNT OF $109,500.00. FUNDING IS AVAILABLE IN ACCOUNT 307- 1601-591.86.00 UNDER THE CAPITAL IMPROVEMENTS ACCOUNT FOR STREETS IMPROVEMENT B. Ordinances (1) P.O. No. 6690 — An Ordinance Authorizing The City Manager To Execute The Settlement Of Mobile Equipment Physical Damage In The Amount Of $275,000.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Landfill Compactor #1636 The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Doucet and carried, Proposed Ordinance No. 6690 was adopted becoming Ordinance No. 18-18. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Ordinance No. 18-18 reads as follows: ORDINANCE NO. 18-18 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT OF MOBILE EQUIPMENT PHYSICAL DAMAGE IN THE AMOUNT OF $275,000.00 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TMLIRP) AS A RESULT OF PROPERTY DAMAGE TO LANDFILL COMPACTOR #1636 City Council Minutes 12 Regular Meeting — May 8, 2018 (2) P.O. No. 6693 — An Ordinance Of The City Of Port Arthur, Texas Approval To Implement The Rates For A New Federal Tax Credit Rider ("FTCCR") Proposed By Aqua Texas, Inc. Aqua Utilities, Inc. (Including Its Subsidiaries Harper Water Company, Inc., And Kerrville South Water Company, Inc.) And Aqua Development, Inc. D/B/A Aqua Texas Filing Made With The City On April 4, 2018; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tern Jones, seconded by Councilmember Doucet and carried, Proposed Ordinance No. 6693 was adopted becoming Ordinance No. 18-19. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Ordinance No. 18-19 reads as follows: ORDINANCE NO. 18-19 AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS APPROVAL TO IMPLEMENT THE RATES FOR A NEW FEDERAL TAX CREDIT RIDER ("FTCCR") PROPOSED BY AQUA TEXAS, INC. AQUA UTILITIES, INC. (INCLUDING ITS SUBSIDIARIES HARPER WATER COMPANY, INC., AND KERRVILLE SOUTH WATER COMPANY, INC.) AND AQUA DEVELOPMENT, INC. D/B/A AQUA TEXAS FILING MADE WITH THE CITY ON APRIL 4, 2018; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE (3) P.O. No. 6694 — An Ordinance Amending Chapter 34, Article II, Sections 54 — 64 To The City Of Port Arthur Code Of Ordinances, To Include Regulations For The Proper Disposal Of Tires And The Registration Of Certain Tire Businesses And Tire Haulers Within The City Of Port Arthur; Providing For A Penalty Of $50.00 For Each Separate Offense; And Providing For Publication Thereof The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Scott and seconded by Councilmember Moses that Proposed Ordinance No. 6694 be adopted. Upon the motion of Councilmember Moses, seconded by Councilmember Kinlaw and carried unanimously, Proposed Ordinance No. 6694 was amended as follows: Providing for a penalty of $100.00 for each separate offense. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. City Council Minutes I.; Regular Meeting — May 8, 2018 Proposed Ordinance No. 6694 was adopted, as amended, becoming Ordinance No. 18- 20. The caption of Ordinance No. 18-20 reads as follows: ORDINANCE NO. 18-20 AN ORDINANCE AMENDING CHAPTER 34, ARTICLE II, SECTIONS 54 — 64 TO THE CITY OF PORT ARTHUR CODE OF ORDINANCES, TO INCLUDE REGULATIONS FOR THE PROPER DISPOSAL OF TIRES AND THE REGISTRATION OF CERTAIN TIRE BUSINESSES AND TIRE HAULERS WITHIN THE CITY OF PORT ARTHUR; PROVIDING FOR A PENALTY OF $100.00 FOR EACH SEPARATE OFFENSE; AND PROVIDING FOR PUBLICATION THEREOF (2) P.R. No. 20216 — A Resolution Documenting That Pursuant To The Amendment Of Section 9 Of Article II Of The City Charter Approved At The May 2, 1992 City Election In The City Of Port Arthur, Texas, District 3 Councilmember Shall Serve As Mayor Pro Tem And Shall Act As Mayor During The Absence Or Disability Of The Mayor And Shall Serve As Mayor Pro Tern Until May 2019 SWEARING IN OF MAYOR PRO TEM THOMAS KINLAW III The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Doucet, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 20216 was adopted becoming Resolution No. 18-192. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-192 reads as follows: RESOLUTION NO. 18-192 A RESOLUTION DOCUMENTING THAT PURSUANT TO THE AMENDMENT OF SECTION 9 OF ARTICLE II OF THE CITY CHARTER APPROVED AT THE MAY 2, 1992 CITY ELECTION IN THE CITY OF PORT ARTHUR, TEXAS, DISTRICT 3 COUNCILMEMBER SHALL SERVE AS MAYOR PRO TEM AND SHALL ACT AS MAYOR DURING THE ABSENCE OR DISABILITY OF THE MAYOR AND SHALL SERVE AS MAYOR PRO TEM UNTIL MAY 2019 The City Secretary administered the Statement and Oath to the newly appointed Mayor Pro Tern, Thomas Kinlaw, III. VIII. * CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.071 Government Code — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In City Council Minutes Regular Meeting — May 8, 2018 Connection With Pending Litigation And Negotiations With The Port Arthur Police Association (2) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) The City Council recessed their meeting at 11:49 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 12:53 p.m. with the following members present: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet and Moses; Interim City Manager Robinson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Patrick Melvin. IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Doucet, seconded by Councilmember Kinlaw and carried unanimously, the City Council adjourned their meeting 12:54 p.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR DERRICK FREEMAN ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD May 8, 2018. APPROVED • City Council Minutes I5 Regular Meeting — May 8, 2018