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HomeMy WebLinkAboutOCTOBER 15, 2002REGULAR MEETING - October 15, 2002 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, October 15, 2002 at 8:35 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Mayor Pro '1'em Tom Henderson; Councilmembers Craig Hannah, Felix A. Barker, Rev. Ronnie Linden, Robert A. Bowers, Rose M. Chaisson and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City Attorney Mark T. Sokolow. The invocation was given by Mayor Ortiz followed by the pledge to the flag. Councilmember Tom Gillam arrived at the meeting at 8:43. II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting Held October 1, 2002 Upon the motion of Councilmember Sinegal, seconded by Councilmember Barker, and carried unanimously, the City Council approved the above-mentioned minutes. III. PETITIONS &COMMUNICATIONS A. Presentation Student Essays Commemorating September 11, 2001 (Requested By Councilmember Linden) NOT PRESENT B. Speakers . (1) Harold Guidry And 3anet Cline Regarding 2002-2003 City Of Port Arthur United Way Campaign Mr. Harold Guidry, United Way Loaned Executive, and Mrs. 3anet Cline, General Chairman of the 2002-2003 United Way Campaign, appeared before the City Council and presented an overview of expectations for the City's 2002-2003 Campaign. (2) Virginia Dudley Schoolfield Regarding Water Billing And The Economic Development Corporation Mrs. Virginia spoke on the the calling of Dudley Schoolfield, 1835 Snyder, appeared before the City Council and dissolution of the Economic Development Corporation through petition and an election. (3) Irving Escagne Regarding Financial Concerns Of The Economic Development Corporation Mr. Irving Escagne, 8624 Lamplighter Lane, appeared before the City. Council and spoke on the above-mentioned topic and addressed the consideration of dismantling the Economic Development Corporation. (4) Darrell Richard Regarding Air Pollution And Drainage - NOT PRESENT C. Correspondence None IV. PUBLIC HEARINGS - 9:00 AM None VII. ITEMS REQUIRING INDIVIDUAL ACTION C. *Reports And Recommendations (2) Pleasure Island Golf Course Report Mr. Lance Bradley, 425 Island Way, Chairman of the Pleasure Island Commission, appeared before the City Council and presented the above=mentioned report with the assistance of Mr. 3immy Dike, Director of the Pleasure [sland Commission. IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To 237S' Lavender. (2) Section SS1.071 Government Code - To Discuss With The City Attorney Pending Litigation Of Mr. Mills Against The City And The Economic Development Corporation. (3) Section SS1.071 & SS1.087 Government Code - To Discuss With The City Attorney The Collection Of UDAG Notes And Economic Incentives As It Pertains To Apartment Complex Properties. (4) Section SS1.087 Government Code - To Discuss l~ncentives For Residential, Industrial, Healthcare And Commercial Business Prospects. The City council recessed their meeting at 9:25 a.m. to meet in Executive Session to consicler the above-mentioned topics, and reconvened their meeting at 11:40 a.m. with the following members present: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. V. UNFINISHED BUSINESS (1) P. R. No. 11939 - A Resolution Appointing Regular And Advisory Directors To The City Of Port Arthur Section 4A Economic Development Corporation. The Mayor introduced the above-mentioned Proposed Resolution. 'l:he motion was made by Councilmember Sinegal and seconded by Mayor Pro Tem Henderson that Proposed Resolution No. 11939 be adopted. Councilmember Sinegal, in the Council pool with Mayor Ortiz and Councilmember Chaisson, nominated Mr. Allen Watson to be moved up from Position D Advisory Director to Position 5 of the Board of Directors of the Economic Development Corporation. Councilmember Chaisson, in the Council pool with Mayor Ortiz and Councilmember Sinegal, nominated Mr. Morris Carter to Position C of the Advisory Directors of the Economic Development Corporation. Mayor Ortiz, in the Council pool with Councilmembers Chaisson and Sinegal, nominated Mr. ]ohnathan Tat to Position D of the Advisory Directors of the Economic Development Corporation. Proposed Resolution No. 11939 was adopted becoming Resolution No. 02-303. Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 02-303 reads as follows: RESOLUTZON NO. 02-303 A RESOLUTZON APPOZNTING REGULAR AND ADVISORY DIRECTORS TO THE CITY .OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION. (2) P.R. No. 1~.953 - A Resolution Pertaining To The Wage Range And Step For The Executive Director Of The Section 4A Economic Development Corporation. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Linden and seconded by Mayor Pro Tern Henderson that Proposed Resolution No. 11953 be adopted with language stating Council approval of Range 57, Step 6 for the Executive Director's position, effective on the initial date of appointment as permanent director. Proposed Resolution No. 11953 was adopted becoming Resolution No. 02-304. Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Chaisson and Sinegal. Voting No: Councilmember Bowers. The caption of Resolution No. 02-304 reads as follows: RESOLUTION NO. 02-304 A RESOLUTi'ON PERTAI'NING TO THE WAGE RANGE AND STEP FOR THE EXECUTIVE DIRECTOR OF THE SECTION 4A ECONOMIC DEVELOPMENT CORPORATION. The City Council recessed their meeting at 11:45 a.m. and reconvened at 1:35 p.m. with the following members present; Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. IX, *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetinq: (4) Section 551.087 Government Code - To Discuss Incentives For Residential, Industrial, Healthcare And Commercial Business Prospects. The City council recessed their meeting at 1:35 p.m. to meet in Executive Session to complete the closed session agenda and reconvened their meeting at 2:23 p.m. with the following members present: IVlayor Ortiz; Hayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney $okolow. Open Session: Upon the motion of Councilmember Linden, seconded by IVlayor Pro Tem Henderson, and carried unanimously, the City Council gave authorization to the City Manager to proceed with the demolition of 2375 Lavender, not to exceed $8,000, and to accept faxed proposals. CONSENT AGENDA Upon the motion of Councilmember Linden, seconded by Mayor Pro Tern Henderson, and carried unanimously, the following Consent Agenda items were adopted. 'A. Consideration And Approval Of A Request From The 3efferson County Tax Assessor-Collector For The Waiver Of Penalties And Znterest In The Amount Of $327.26 On Six Accounts Which Have Been Accepted As Payment. Consideration And Approval Of Payment To The Southeast Texas Regional Planning Commission Tn The Amount Of $22,931.87 For Fiscal 2003 Dues And Program Support. Consideration And Approval For The Purchase Of Six Copiers From Minolta Corporation (Through The State Of Texas) l~n The Amount Of $38,980 Plus A Maintenance Cost Of $7,110 Totaling $46,090 For The Library, Purchasing And Police Departments. Authorization To Dispose Of A Totally Destroyed Animal Control 1/2-Ton Pickup Truck (Equipment #1346) And Transfer The Title To A Wrecker Service To Process This Vehicle For Scrap. Consideration And Approval Of Awarding A Bid For A Proximity Card Entry Access Control System To TriStar Electronics, Controls & Automation Of Houston, Texas Tn The Amount Of $25,907 For The Police Department. Consideration And Approval Of Payment To Computer Information Systems, ]nc., Of Skokie, TL Tn The Amount Of $6,000 For A Maintenance Contract For The Police Department's CAD System. Consideration And Approval Of Payments Totaling $5,520.72 For Services Rendered By The Staff Of The PA]SD During The Evacuation And Re-Entry Due To Hurricane Lili. H. Approval Of Expense Accounts: Mayor Oscar G. Ortiz: Use Of Personal Automobile On City Business Tn Town, September, 2002 $100.00 4 Out Of Town, September, 2002 40.52 Councilmember Felix Barker: Use Of Personal Automobile On City Business Tn Town, September, 2002 $100.00 City Attorney Mark Sokolow: Use Of Personal Automobile On City Business In Town, August 19 ~ October 1, 2002 $ 32.49 Resolutions - Consent (1) P. R. No. 11956 - A Resolution ReJecting Bids For 3anitorial Services And Authorizing The Third Year Of The Existing 3anitorial Services Contract For The Utility Operations Service Center Approved On October 31, 2000 With Southeast Texas Building Services, Of NedeHand For A Sum Not To Exceed $6,059.40. Account No. 410-1254-532.59-00. Proposed Resolution No. 11956 was adopted becoming Resolution No. 02-305. (2) P. R. No. 11957 - A Resolution Awarding A Contract To Provost Demolition & Construction In The Amount Of $11,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Five Dangerous Residential Properties (Group A), To Be Charged To Account No. 105- 1431-552.59-00, Project No. C28120. Proposed Resolution No. 11957 was adopted becoming Resolution No. 02-306. (3) P. R. No. 11958 - A Resolution Awarding A Contract To Provost Demolition & Construction In The Amount Of $8,300.00, And Authorizing The Execution Of A Contract For The Demolition Of Four Dangerous Residential Properties (Group B), To Be Charged To Account No. 105-1431-552.59- 00, Project No. C28120. Proposed Resolution No. li958 was adopted becoming Resolution No. 02-307. (4) P.R. NO. 11959 - A Resolution Awarding A Contract To Provost Demolition & Construction In The Amount Of $10,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Four Dangerous Residential Properties (Group C), To Be Charged To Account No. 105- 1431-552.59-00, Project No. C28120. Proposed Resolution No. 11959 was adopted becoming Resolution No. 02-308. (s) P. R. No. 11960 - A Resolution Awarding A Contract To Provost Demolition & Construction In The Amount Of $9,500.00, And Authorizing The Execution Of A Contract For The Demolition Of Four Dangerous Residential Properties (Group E), To Be Charged To Account No. 105-1431-552.59- 00, Project No. C28120. Proposed Resolution No. 11960 was adopted becoming Resolution No. 02-309. (6) P.R. No. 11961 - A Resolution Awarding A Contract To Coastal Demolition [nc., In The Amount Of $7,150.00, And Authorizing The Execution Of A Contract For The Demolition Of Four Dangerous Residential Properties (Group D), To Be Charged To Account No. 105-1431-552.59-00, Project No. C28120. Proposed Resolution No. 11961 was adopted becoming Resolution No. 02-310. (7) P. R. No. 11966 - A Resolution Authorizing The City Manager To Enter Into A Contract With RWL & Associates For Risk Management Consulting Services At The Not To Exceed Cost Of $18,000 For The 2002-2003 Fiscal Year. Funding By: General Liability Insurance Fund: 612-1702-581.52-00. Proposed Resolution No. 11966 was adopted becoming Resolution No. 02-311. (8) P. R. No. 11967 - A Resolution Authorizing The City Manager To Execute An Oil & Gas Lease Between The City Of Port Arthur And Aspect Resources, EEC. Proposed Resolution No. 11967 was adopted becoming Resolution NO. 02-312. (9) P. R. No. 11969 - A Resolution Authorizing The Mayor And City Manager To Execute Change Order 5, Decreasing The Contract By $35,263 To A New Contract Amount Of $629,180 For The Contract Dated November 27, 2001 Between The City Of Port Arthur And SeTEX Corporation Of Beaumont, Texas For The Rehabilitation Of The City-Owned Building At 441 Austin Avenue For The Health Clinic Facility. Funding Being Available In FY 2003 Account No. 301-1601- 591.89-00 CIP 170 And Other Accounts. Proposed Resolution No. 11969 was adopted becoming Resolution No. 02-313. (10) P. R. No. 11970 - A Resolution Authorizing The Director Of Utility Operations To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals. Proposed Resolution No. 11970 was adopted becoming Resolution No. 02-314. VII. ITEMS REQUIRING INDIVIDUAL ACTION--NON-CONSENT A. Resolutions (1) P. R. No. 11943 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Praxair, Inc. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Bowers and seconded by Mayor Pro Tern Henderson and carried, Proposed Resolution No. 11943 was adopted becoming Resolution No. 02- 315. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 02-315 reads as follows: RESOLUTION NO. 02-315 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH PRAXAIR, INC. (2) P. R. No. 11965 - A Resolution Authorizing The Executive Director Of Port Arthur Section 4A Economic Development Corporation To Pay Ralph Andersen And Associates For Professional Services And Expenses For Background Checks For Director/Office Manager Candidates For The Port Arthur Economic Development Corporation In The Amount Of $5,200. The Mayor introduced the above-mentioned Proposed Resolutior~. Upon the motion of Councilmember Gillam, seconded by Councilmember Bowel's and carried, Proposed Resolution No. 11965 was adopted becoming Resolution No. 02-316. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 02-316 reads as follows: RESOLUTION NO. 02-316 A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO PAY RALPH ANDERSEN AND ASSOCIATES FOR PROFESSIONAL SERVICES AND EXPENSES FOR BACKGROUND CHECKS FOR DIRECTOR/OFFICE MANAGER CANDIDATES FOR THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION IN THE AMOUNT OF $5,200. (3) P. R. No. 11968 - A Resolution Authorizing The City Manager And City Attorney To Negotiate An Agreement For Payment Of "In Lieu Of Ad Valorem Taxes" As It Pertains To ALT Affordable Housing Services, Inc., And To Pay UDAG Notes. (Requested By Mayor Pro Tem Henderson) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Henderson and seconded by Councilmember Bowers that Proposed Resolution No. 11968 be adopted. Mr. Jerry Du Terroil, President of ALT Affordable Housing Services, 121 Enterparks, Suite 200, San Antonio, Texas, appeared before the City Council and addressed apartment maintenance, fire safety amenities and other City Council concerns regarding the Proposed Resolution. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 11968: Councilmember Barker Councilmember Bowers Councilmember Chaisson Councilmember Gillam Councilmember Hannah Mayor Pro Tem Henderson Councilmember Linden Councilmember Sinegal Mayor Ortiz "No" "No" "No" "No" "No" "Yes" "No" "Yes" "No" Proposed Resolution No. 11968 failed to carry. (4) P. R. No. 11974 - A Resolution Approving A Compliance Audit To Be Performed By Gayle W. Botley & Associates And Authorizing The City Manager To Execute An Addendum. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers and carried, Proposed Resolution No. 11974 was adopted becoming Resolution No. 02- 317. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 02-317 reads as follows: RESOLUTI'ON NO. 02-317 A RESOLUTZON APPROVZNG A COMPLIANCE AUDIT TO BE PERFORMED BY GAYLE W. BOTLEY & ASSOCIATES AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM. B. Ordinances P. O. No. 5289 - An Ordinance Designating December 26, 2002 As A Legal Holiday. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers and carried, Proposed Ordinance No. 5289 was adopted becoming Ordinance No. 02-47. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 02-47 reads as follows: ORDI'NANCE NO. 02-47 AN ORDTNANCE DESTGNATING DECEMBER 26, 2002 AS A LEGAL HOLIDAY. (2) P. O. No. 5290 - An Ordinance Adding Article )(XTI To Chapter 14 (Sections 14-682 And 14-683) Of The Code Of Ordinances As To Create A Youth Commission. The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Linden and seconded by Mayor Pro Tern Henderson that Proposed Ordinance No. 5290 be adopted. Mayor Ortiz announced a Texas Municipal League Youth Advisory Commission Workshop scheduled for Friday, November 1, 2002, at the TML Office in Austin, Texas. Mayor Pro Tern Henderson suggested that the youth commission be named the Port Arthur Youth Council. Councilmember Linden discussed changes in terms to read, "...two (2) year terms, with an option to be reappointed for a second term." The motion was made by Councilmember Linden and seconded by Mayor Pro Tem Henderson that Proposed Ordinance No. 5290 be adopted with changes in the name of the youth commission to the Port Arthur Youth Council and in the terms of office. Proposed Ordinance No. 5290 was adopted as amended becoming Ordinance No. 02-48. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and $inegal. Voting No: None. The caption of Ordinance No. 02-48 reads as follows: ORDTNANCE NO. 02-48 AN ORDINANCE ADDING ARTICLE XXZT TO CHAPTER 14 (SECTIONS 14-682 AND 14-683) OF THE CODE OF ORDINANCES AS TO CREATE A YOUTH COMMTSSTON. (3) P. O. No. 5291 - Changing Ordinances, In Their Entirety, Paragraph (B) (7) Tn Section 110-61 Of Division 2 (Connections) Of Article T! (Water) And Paragraph (5) Tn Section 110-168 Of Division 2 (Connections) Of Article III (Sewer) Of The Code Of Ordinances, City Of Port Arthur; Said Changes Repeal All Ordinances And Parts Of Ordinances Tn Conflict Herewith; And Declaring The Effective Date Hereof. The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Mayor Pro Tem Henderson and seconded by Councilmember Bowers that Proposed Ordinance No. 5291 be adopted. The City Manager discussed the waiving of water and sewer tap fees to acquire new construction in the City and to provide an economic incentive for the construction of new homes. Director of Utility Operations Daniel Shepherd appeared before the Council and reiterated the importance of the Proposed Ordinance in granting developers refunds on tap fees for the building of four new residential homes. Proposed Ordinance No. 5291 was adopted becoming Ordinance No. 02-49. Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and $inegal. Voting No.' None. The caption of Ordinance No. 02-49 reads as follows: ORDINANCE NO. 02-49 CHANGING ORDINANCES, ]N THEIR ENTIRETY~ PARAGRAPH (B) (7) TN SECTI'ON 110-61 OF DIVZSiON 2 (CONNECTIONS) OF ARTICLE II (WATER) AND PARAGRAPH (5) IN SECTI'ON 110-168 OF DI'VISi'ON 2 (CONNECTZONS) OF ARTICLE ITT (SEWER) OF THE CODE OF ORDTNANCES, CTTY OF PORT ARTHUR; SAi'D CHANGES REPEAL ALL ORD]~NANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWZTH; AND DECLARING THE EFFECTIVE DATE HEREOF. (4) P. O. No. 5293 - An Ordinance Amending Section 78-53 Of The Code Of Ordinances As It Pertains To Pay/Benefits For Non-Exempt Essential Workers Who Work During inclement Weather. The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Mayor Pro Tem Henderson and seconded by Councilmember Bowers that Proposed Ordinance No. 5293 be adopted. The City Manager presented an overview of the above-mentioned Proposed Ordinance. Councilmember Sinegal expressed appreciation to City of Port Arthur staff members who worked to ensure that everything ran smoothly during the evacuation for Hurricane Lili. Proposed Ordinance No. 5293 was adopted becoming Ordinance No. 02-50. Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. Mayor Pro Tem Henderson remained in the Council Chamber but was not seated in his Council chair to vote from 2:56 p.m. - 3:00 p.m. The caption of Ordinance No. 02-50 reads as follows: ORDt'NANCE NO. 02-50 AN ORDZNANCE AMENDING SECTION 78-53 OF THE CODE OF ORDINANCES AS IT PERTAINS TO PAY/BENEFtrTS FOR NON-EXEMPT ESSENTIAL WORKERS WHO WORK DURING INCLEMENT WEATHER. (s) P. O. No. 5294 - Changing Section 18-35 Building Permit Fees Of The Code Of Ordinances (Relating To Economic Incentive Program For New Construction). Said Changes Repeal All Or Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Bowers, seconded by Councilmember Gillam and carried, Proposed Ordinance No. 5294 was adopted becomi, ng Ordinance No. 02-51. Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 02-51 reads as follows: ORDi'NANCE NO. 02-51 CHANGI~NG SECT?ON 18-35 BUI'LDING PERMt'T FEES OF THE CODE OF ORDI'NANCES (RELAT1'NG TO ECONOMt'C I'NCENTt'VE PROGRAM FOR NEW CONSTRUCT~'ON). SA?D CHANGES REPEAL ALL OR PARTS OF ORDt'NANCES I'N CONFL?CT HEREWt'TH; AND DECLAR?NG THE EFFECTIVE DATE HEREOF. (6) P. O. No. 5295 - An Ordinance Adding Section 86-83 To The Code Of Ordinances As It Pertains To Commercial Wholesale Refuse Customers. The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Bowers and seconded by Councilmember Linden that Proposed Ordinance No. 5295 be adopted. The City Manager commented on the above-described Proposed Ordinance in regards to the economic future of the City of Port Arthur's landfill. Proposed Ordinance No. 5295 was adopted becoming Ordinance No. 02-52. Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. ]] The caption of Ordinance No. 02-52 reads as follows: ORDINANCE NO. 02-52 AN ORDINANCE ADDTNG SECTION 86-83 TO THE CODE OF ORDINANCES AS IT PERTAINS TO COMMERCTAL WHOLESALE REFUSE CUSTOMERS. (7) P. O. No. 5296 - An Ordinance Authorizing The City Manager To Execute A Developer Participation Contract Between The City Of Port Arthur And Big Wheel Development, Inc. The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Gillam and seconded by Councilmember Bowers that Proposed Ordinance No. 5296 be adopted. Councilmember Linden requested a list of the developers and their principals, documentation of their performance and a list of completed subdivisions during the discussion of the Proposed Ordinance. Proposed Ordinance No. 5296 was adopted becoming Ordinance No. 02-53. Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 02-53 reads as follows: ORDINANCE NO. 02-53 AN ORDINANCE AUTHORIZZNG THE CITY MANAGER TO EXECUTE A DEVELOPER PARTICIPATION CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND BIG WHEEL DEVELOPMENT, INC. (8) P. O. No. 5297 - An Ordinance Authorizing The City Manager To Enter Into A Developer Participation Contract With Icon Contractors, LLC. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion made by Councilmember Gillam, seconded by Councilmember Bowers and carried, Proposed Ordinance No. 5297 was adopted becoming Ordinance No. 02-54. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 02-54 reads as follows: 12 ORDINANCE NO, 02-54 AN ORDINANCE MANAGER TO ENTER INTO PARTICIPATION CONTRACT CONTRACTORS, LLC. Councilmember Chaisson left the meeting at 3:00 p.m. Councilmember Linden left the meeting at 3:03 p.m. C. *Reports And Recommendations (1) August, 2002 Financial Report AUTHORIZING THE CITY A DEVELOPER WITH ICON Finance Director Rebecca Underhill presented the above-mentioned report. (3) Report On City Of Port Arthur Employees & Retirees Picnic To Be Held At Logan's Park on November 16, 2002 The City Manager presented the above-mentioned report. VIII. REPORTS OF BOARDS & COMMI'ITEES None. X. FUTURE AGENDA ITEMS OR RE(~UESTED REPORTS Mayor Pro Tern Henderson: Report on Students in Government Days Coun¢ilmember Gillam: Schedule a Joint City of Port Arthur/Port Arthur ISD Committee Meeting XI. AD3OURNMENT OF MEETING Upon the motion of Mayor Pro Tern Henderson, seconded by Councilmember Gillam and carried unanimo~Jsly, the City Council adjourned their meeting at 3:10 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. A~E~: MAYOR Cl-fY SECRETARY END OF REGULAR MEETING HELD October 15, 2002. APPROVED: t3