HomeMy WebLinkAboutMARCH 25, 2008 - REGULAR MEETINGREGULAR MEETING -Nlarch 25, 2008
I. INVOCATION, PLEDGE & ROLL CAILL
Councilmember Williamson gave the invocation followed with the pledge to the i~lag.
The City Council of the City of Port Arthur met in Regular Session on Tuesday, March
25, 2008 at 8:36 a.m. in the City Council Chamber, City Hall, with the following
members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Michael "Shane"
Sinegal; Councilmembers Jack Chatman, Jr., Thomas ]. Henderson, Martin Flood, Willie
"Bae" Lewis, and Robert E. "Bob" Williamson; City Manager Steve Fitzgibbons, Acting
City Secretary Terri Hanks and City Attorney Mark T. Sokolow and Sergeant At Arms
Police Chief Mark Blanton.
Councilmember John Beard arrived at the meeting at 8:40 a.m.
Councilmember Cal Jones arrived at the meeting at 8:45 a.m.
II. PROCLAMATIONS & MINUTES
Minutes
March 25, 2008 Regular Meeting
Upon the motion of Councilmember Chatman, seconded by Councilmember Williamson
and carried unanimously, the City Council approved the above-mentioned minutes.
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Henry Barbosa Regarding faking Action in Renaming The
Building Located At 3248 39~t" Street.
Henry Barbosa, 4315 7th Avenue, appeared before the City Council to formally submit a
petition to rename the building located at 3248 39th Street the Ryman Building.
(2) Mary Lavalais Regarding Drug Problems in He:r
Neighborhood. -NOT PRESENT
(3) Hilton Kelley And Neil Regarding Toxic Waste Imported
Into Port Arthur.
Hilton Kelly, 910 Colorado, appeared before t:he City Council to address the affE~cts that
local industry has on the community and their health.
(4) ]errod Bell Regarding The Memorial High School "Word Of
Mouf Program" And Anti-Tolbacco Blow-Out Day.
Jarrod Bell, 1411 Danny Lane, appeared befc-re the City Council to introduce the "Word
of Mouf Program" that was founded by high school students to combat the influence
tobacco on the youth of America. He also announced Anti-Tobacco Blow-Out Day an
April 2, 2008 and invited the City Council as well as the citizens to participate.
IV. PUBLIC HEARINGS - 9:00 A.M
(1) To Consider Whether Or Not To Issue A Specific Use Permit;
For ATavern/Lounge In A Planned Development 2 (PD:!)
District Located On The Corner Of Central Mall Drive And
Regional Drive. East Of Central Mall (8484 Central Mall
Drive): Applicant: ]eff McCarson (Woody's Bar & Grill)
(Z08-06)
The Mayor introduced the above-mentioned F~ublic Hearing at 9:24 a.m.
Dale Watson appeared before the City Council and gave an overview of the proposed
Specific Use permit and the area it would affect.
Senator Carl Parker appeared before the City Council to address the need for the
Specific Use permit in order for Woody's E3ar & Grill to proceed with the licensing
process with the TABC. He also stated that i:he District Court has rules in favor of the
Capri Club but TABC had appealed that decision.
Upon the motion of Councilmember Williamson, seconded by Councilmember
Henderson and carried unanimously, the City Council closed the Public Hearing at 9:40
a.m.
(2) To Consider Rezoning Lot 4••26, Block 2, Lots 4-10 & 14-20,
Blk. 5, Lots 1-20, Blk. 6, Lot 1, Blk. 14, Fairlea Addition, City
Of Port Arthur, Jefferson County, From Single Family
Residence (SF) To PD-25 (Planning Development-25) For
Proposed Office Areas: Applicant: Total Petrochemicalls
(Z08-01)
The Mayor introduced the above-mentioned Public Hearing at 9:41 a.m.
Dale Watson appeared before the City Council and gave an overview of the proposed
rezoning.
Total Petrochemicals Representative Pat Avery, Highway 366 and 32nd Street, appeared
before the City Council to address inquiries related to green belt issues.
Realtor Bridgette Holmes appeared before tree council to discuss residents living inside
the greenbelt.
The following citizens appeared before the City Council in opposition of the proposed
rezoning:
Silvia Ann Hebert, 3636 Beech Ave, Port Arthur, Texas
Loretta Hebert, 7506 Tyrell, Port Arthur, Texas
Hilton Kelley, 1300 Turtle Creek Parkway, Port Arthur, Texas
Upon the motion of Councilmember Henderson, seconded by Councilmember (:hatman
and carried unanimously, the City Council closed the Public Hearing at 10:30 a.nn.
(3) To Consider Whether Or Not To Issue Major Pipeline Permits To
Products Pipeline Company, LLC For Eight (8) Products Pipelines
And Whether Or Not To Issue Major Pipelines Permits To HSC
Pipelines Partnership, LLC For Two (2) Products Pipelines To
Serve The Motiva Facility Within T'he Corporate Limits Of Port
Arthur, Texas.
The Mayor introduced the above-mentioned Public Hearing at 10:31 a.m.
Public Works Director John Comeaux appeared before the City Council to give an
overview of the proposed pipeline.
TEPPCO Representative Mike Capello appeared before the City Council to answer
questions regarding the proposed pipeline.
Matt Straucer, Helena Drive, Nederland, Texas, in favor of the proposed pipelinE~.
City Council Minutes
Regular Meeting -March 25, 2008 2
The following people appeared before the City Council in opposition to the proposed
pipeline:
Shelia Sachitano, 4745 Coolidge Drive, Beaumont, Texas
Warren Fields, 1147 West 60t" Street, Port Arthur, Texas
Roy Breaux, 665 West Kitchen, Port Neches-Groves, Texas
Hillary Flood, 2236 Sharon Drive, Port Arthur, Texas
Shirley Flood, 2236 Sharon Drive, Port Arthur,, Texas
John Clayton, 1029 Mulberry, Port Arthur, Te>cas
Todd Mayfield, Port Arthur, Texas
Upon the motion of Councilmember Williamson, seconded by Councilmember
Henderson and carried unanimously, the City Council closed the Public Hearing at 9:40
a.m.
The City Council recessed their meeting at 12:38 p.m. to convene the Port Arthur
Municipal Non-Profit Corporation Meeting and reconvened their regular meetings at 2:15
p.m. with the following members present: Mayor Prince; Mayor Pro Tem Sinegal;
Councilmember Henderson, Councilmember Flood, Councilmember Beard,
Councilmember Williamson and Councilmember Lewis; City Manager Fitzgibbons; Acting
City Secretary Hanks and City Attorney Sokolow.
IV. PUBLIC HEARINGS - 9:00 A.M
(4) To Receive Public Comment As To The Effects in The
Community Of The Curfew Ordinance And As To Whether
The City Should Continue, Modify Or Abolish The Curfe~nr
Ordinance
The Mayor introduced the above-mentioned Public Hearing at 2:23 p.m.
Port Arthur Police Chief Mark Blanton appE~ared before the City Council to give an
overview of the curfew ordinance and recomrnended its continuation.
Leon Wright, 1300 Turtle Creek Parkway, appeared before the City Council in support of
the continuing the curfew ordinance.
Upon the motion of Councilmember Chatman, seconded by Councilmember Jones and
carried unanimously, the City Council closed the Public Hearing at 2:24 p.m.
III. PETITIONS & COMMUNICATIONS
C. Correspondence
Receipt Of Audited Financial Statements - Port Arthur
Convention And Tourist Association
March 6, 2008
Mr. Steve Fitzgibbons, City Manager
City of Port Arthur
P.O. box 1089
Port Arthur, Texas 77641-1089
Dear Mr. Fitzgibbons,
The 2007 financial audit of the Port Arthur Convention and Visitors Bureau
has been completed by Brammer, Be~gnaud and Lattimore and has been
copied to your office as well as the office of Rebecca Underhill. P/ease
note that this audit is a 9 month audit, The CVB has changed to a
fiscal year to match the city to hE:lp ease confusion. There are rio
City Council Minutes
Regular Meeting -March 25, 2008 3
comparative columns as it is 9 montl-i versus a full year. The next audit
will be a fiscal 2007/2008 audit. You will find the audit is favorable and
that the Bureau remains in compliance with the rules and regulations th<~t
govern our office as well as being fiscally responsible.
The Port Arthur Convention and Visitors Bureau Board of Directors
reviewed and accepted the audit delivered by Mr. Larry Begnaud, CPA. If
any questions arise when reviewing the audit, please call me. Thee
Chairman of the Convention and Visitor's Board during 2007 was Mr.
Arthur Guidry or Mr. Larry Begnaud would also be available should
questions arise. Thank you for ongoingi support of tourism.
Sincerely,
/s/ Tammy Kotara-Kotzur
Executive Director
cc: Rebecca Underhill, City Finance Officer
Port Arthur Convention and Visitors Bureau Executive Director Tammy Kotar;a-Kotzur
appeared before the City Council to address 'the above-mentioned financial statements.
The Port Arthur Convention and Tourist Association's Annual Financial Report, Nine
Months Ended September 30, 2007 is attached as Exhibit ~~A".
III. PETITONS & COMMUNICATIONS
C. Correspondence
(2) Candidate Certification
Acting City Secretary Hanks read the following correspondence into the
record:
CERTIFICATION
Certificacon
This is to certify that the 1`ollowing candidates have duly
filed with this office to be placed on the Ballot of the city of Pout
Arthur General Election to be held on May 10, 2008:
Por /a presente certi~co que /os siguientes candidates ha~n
comp/ido con /os requisitos en esta oficiana para ser inc/uidos ern
/a bo%ta de /a E/eccion genera/ dE~ /a Ciudad que se //evara a cab~o
e/ dia 10 de Mayo de 2008;
For Councilmerriber District 1
PorMiembro De/AyuntAmiento Distrito 1
Jack B. Chatman, Jr.
3148 8th Street
For Councilmerriber District 2
PorMiembro De/AyuntAmiento Distrito 2
Cal J. ]ones
Elizabeth °Liz" Segler
5200 Lakeside Drive
2430 Green Avenue
For Councilmerriber District 3
Por Miembro De/ AyuntAmiento Distrito 3
Morris Albright, III.
8018 Tom Drive
For Councilmerriber District 4
Por Miembro De/AyuntAmiento Distrito 4
City Council Minutes
Regular Meeting -March 25, 2008
4
Martin Flood
2236 Sharon Drive
For Councilmember Position 7
Por Miembro De/Ayun~Amiento Posicione 7
Willie "Bae" Lewis
D. Kay Wise
2301 Lakeshore Drive
735 Stilwell Boulevard
For Councilmember Position 8
Por Miembro De/Ayun,t4mento Posicione 8
Thomas ]. "Tom" Henderson 4435 Forest Drive
Kerry "Twin" Thomas 3010 34t" Street
Maria Block 3435 Woodrow
GIVEN UNDER MY HAND AND SEAL OF OFFICE this llt" day
of March, 2008.
FIRMADO PO MI PUNO y LETRA SELLADO con e/ se/% do mi
oRcio hoy dia ZZ de marzo de 2008.
(sea/)
s Terri Hanks
Terri Hanks, Actirng City Secretary
Terri Hanks, Secretari~v interino de Ciudad
VI. CONSENT AGENDA
Upon the motion of Councilmember Williamson, seconded by Councilmember Flood and
carried, the following Consent Agenda items were adopted with the exception of
Proposed Resolutions No. 14618, 14612, 146()5 and 14616:
A. Consideration And Approval Of Awarding A Bid To
Kamp's]unction, Inc. DB~A Cardinal Fence Company,
Beaumont, TX In the Amount Of $16,995 To Replace The
Fence At Country Park (Girl's Softball Field)
B. Consideration And Approval Of Payment To Vermeer
Equipment Of Texas, Houston, TX In the Amount C)f
$12,665.52 For Repairs Anid Modifications To Tub GrindE.r
# 1274
C. Consideration And Approvail Of Awarding Bids For WatE~r
Treatment Chemicals (On An As-Needed Basis) To Thee
Following Vendors: FSTI, Austin, TX; Sterling Water,
Stafford, TX; Skyhawk Ch, Houston, TX; Therchem, New
Iberia, LA; Altivia Corp., Houston, TX
D. Consideration And Approv;~l Of Awarding The Following
Bids For The Police Department At An Estimated Cost Of
$44,309: GT Distributors, Austin, TX For Uniform Shirts
And Winter Jackets; Tyler IUniform, Tyler TX For Uniformis
Pants And Windbreakers; Texas Code Blue, Beaumont, TX
For Raincoats
E. Consideration And Approval) Of Payment To Overhead Door
Company, Beaumont, TX In The Amount Of $7,620 For A
Replacement Roll-Up Door At The Robert A. "Bob" Boweirs
Civic Center
City Council Minutes
Regular Meeting -March 25, 2008 5
F. Expense Report
Judge Kermit C. Morrison, 7r.:
Attended 12 Hour ]udges Regional Seminar Houston, TX
March 17-18, 2008 $274.00
Resolutions -Consent
(1) P. R. No. 14564 -A Resolution Approving The Award Clf
Contracts For The Rehabili1tation Of Three (3) Houses To
Starco Solutions, LLC In ThE: Amount Of $103,462 And One
(1) House To SKR Construcition In The Amount Of $38,365
For A Grand Total Of Four (4) Houses At The Cost Clf
$141,827
Proposed Resolution No. 14654 was adopted becoming Resolution No. 08-099.
(2) P. R. No. 14571- A Resolution Awarding A Contract To The
Lowest Responsible Bidder And Authorizing The Execution
Of The Contract For Janitoriial Services To Southeast Texas
Building Service, Inc. For The Parks And Recreation
Department In The Amount: Of $26,700 For An Initial One
(1) Year Period With An Option To Renew For Up To One
(1) Additional Year At The Original Bid Amount. Account
No. 001-1402-551.32-00
Proposed Resolution No. 14571 was adopted becoming Resolution No. 08-100.
(3) P. R. No. 14593 - A Resolution Authorizing The City
Manager To Enter Into A Professional Services Contras;t
With Employees Benefit Solutions Inc. (EBS) To Provide
Administrative Services For The 2008 Retirees Drug
Subsidy (RDS) Filing At A Cost Of $15,000.00. Fund No.
(S): 614-Health Insurance f=und
Proposed Resolution No. 14593 was adopted becoming Resolution No. 08-101.
(4) P. R. No. 14594 - A Resolution Authorizing The City
Manager To Enter Into Agreement Between The City Clf
Port Arthur And AT&T Business Communications Services
For A New Phone System F'or The 2"d Floor Of The Health
Department
Proposed Resolution No. 14694 was adopted becoming Resolution No. 08-102.
(6) P. R. No. 14606 - A Resolution Approving Water And
Sewer Adjustment To Certain Utility Accounts
Proposed Resolution No. 14606 was adopted becoming Resolution No. 08-103.
(7) P. R. No. 14607 - A Resolution Authorizing The Purchase
Of Flood Coverage Througih Fidelity National Insurance
Company In The Amount: Of $47,244.00 Per Annum.
Proposed Funding By: General Liability Insurance Funci:
612-1702-581.52-00 $47,244
Proposed Resolution No. 14607 was adopted becoming Resolution No. 08-104.
(8) P. R. No. 14610 - A Resollution Accepting A Texas Parkas
And Wildlife Department Indoor Grant In The Amount Clf
$417,563.00
City Council Minutes
Regular Meeting -March 25, 2008 6
Proposed Resolution No. 14610 was adopted becoming Resolution No. 08-105.
(9) P. R. No. 14611 - A Resolution Accepting A Texas Parkas
And Wildlife Department Outdoor Grant In The Amount Clf
$400.000.00
Proposed Resolution No. 14611 was adopted becoming Resolution No. 08-106.
(12) P. R. No. 14617 - A Resolution Approving The Award Of ,A
Contract For The Demolition And Reconstruction Clf
Eighteen (18) Houses To ]lames W. Turner Construction,
Ltd. In The Amount Of $1,374,180
Proposed Resolution No. 14617 was adopted becoming Resolution No. 08-107.
(14) P. R. No. 14620 - A Resolution Awarding A Contract To K-T
Construction, LLC In The Amount of $18,500.00, And
Authorizing The Execution of A Contract For The Demolition
of Five (5) Dangerous Residlential Properties (Group A), To
Be Charged To Account No. 106-1425-571.5900; Project
No. RITAOI
Proposed Resolution No. 14620 was adopted becoming Resolution No. 08-108.
(15) P. R. No. 14621 - A Resolutlion Awarding A Contract To K-T
Construction, LLC In The Amount Of $13,750.00, And
Authorizing The Executia~n Of A Contract For The
Demolition Of Six (6) Dangerous Residential Properties
(Group B), To Be Charged To Account No. 106-1425-
571.59-00; Project No. RITA01
Proposed Resolution No. 14621 was adopted becoming Resolution No. 08-109.
(16) P. R. No. 14622 - A Resolution Awarding A Contract To K-T
Construction, LLC In The Amount Of $13,400.00, And
Authorizing The Executia~n Of A Contract For The
Demolition of Five (5) Dangerous Residential Properties
(Group C), To Be Charged To Account No. 106-14251-
571.5900; Project No. RITA01
Proposed Resolution No. 14622 was adopted becoming Resolution No. 08-110.
(17) P. R. No. 14623 - A Resolution Awarding A Contract To K-T
Construction, LLC In The Amount Of $13,150.00, And
Authorizing The Executia~n Of A Contract For The
Demolition Of Five (5) Danngerous Residential Properties
(Group A-t), To Be Charged To Account No. 106-14251-
571.5900; Project No. RITA01
Proposed Resolution No. 14623 was adopted becoming Resolution No. 08-111.
(18) P. R. No. 14624 - A Resolution Awarding A Contract To K-T
Construction, LLC in The Amount Of $12,950.00, And
Authorizing The Executia~n Of A Contract For The
Demolition of Five (5) Dangerous Residential Properties
(Group B-t), To Be Charged To Account No. 106-142~i-
571.5900; Project No. RITA,01
Proposed Resolution No. 14624 was adopted becoming Resolution No. 08-112.
City Council Minutes
Regular Meeting -March 25, 2008 7
(19) P. R. No. 14625 - A Resolution Awarding A Contract To
Starco Solutions, LLC In Tlhe Amount Of $5,534.10, And
Authorizing The Execution Of A Contract For The
Demolition Of Four (4) Danngerous Residential Properties
(Group A), To Be Charged To Account No. 132-1021.-
514.5900; Project No. SSEIG03; Structures Ineligible Fair
The Grant Will Be Charged To Other Available Funding
Sources
Proposed Resolution No. 14625 was adopted becoming Resolution No. 08-113.
(20) P. R. No. 14626 - A Resolutiion Awarding A Contract To K-'T
Construction, LLC In The Amount Of $21,600.00, Arnd
Authorizing The Execution Of A Contract For The
Demolition Of Ten (10) Dangerous Residential Properties
(Group B And C), To Be Charged To Account No. 132-1021,-
514.59-00; Project No. SS13G03; Structures Ineligible Four
The Grant Will Be Charged To Other Available Funding
Sources
Proposed Resolution No. 14626 was adopted becoming Resolution No. 08-114.
(21) P. R. No. 14627 - A Resolution Awarding A Contract To K=T
Construction, LLC In The Amount Of $16,900.00, And
Authorizing The Execution Of A Contract For The
Demolition Of Six (6) Dangerous Residential Properties
(Group A-t), To Be Charged To Account No. 132-1021,-
514.59-00; Project No. SSE~G03; Structures Ineligible Fair
The Grant Will Be Charged To Other Available Funding
Sources
Proposed Resolution No. 14627 was adopted becoming Resolution No. 08-115.
(22) P. R. No. 14628 - A Resolutiion Awarding A Contract To K-'T
Construction, LLC In The Amount Of $14,700.00, And
Authorizing The Execution Of A Contract For The
Demolition Of Five (5) Dangerous Residential Properties
(B-t), To Be Charged To Account No. 132-1021-514.590CI;
Project No. SSBG03; Structures Ineligible For The Grant
Will Be Charged To Other Available Funding Sources
Proposed Resolution No. 14628 was adopted becoming Resolution No. 08-116.
(23) P. R. No. 14629 - A Resolution Scheduling A Public Hearing
To Review The Curfew Ordinance
Proposed Resolution No. 14629 was adopted becoming Resolution No. 08-117.
(24) P. R. No. 14630 - A Resolution Authorizing Acceptance Of
The Certificate Of Completion, Contractors Certificate And
Release. And Contractors Certificate Of Guarantee For The
Repair And Painting Of The Pioneer Park Elevated Water
Storage Tank; And Approving Final Payment Of $30,768.0()
To Diversified Coating, Ltd. And Authorizing The City
Manager To Sign The Certificate Of Acceptance On Behalf
Of The City Of Port Arthur, Texas. Fund No. 427-16261-
532.85-00, Project No. 427602
Proposed Resolution No. 14630 was adopted becoming Resolution No. 08-118.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
City Council Minutes
Regular Meeting -March 25, 2008 8
Consent -Resolutions
(5) P. R. No. 14605 - A Re;solution Authorizing The City
Manager To Make Application To The U.S. Department Q-f
Housing And Urban Development For A Community
Development Block Grant ][n The Amount Of $1,358,21;6
And A Grant For $435,802 In Home Funds Authorizing Thee
City Manager To Execute T'he City Of Port Arthur's 2006
Consolidated Annual Plan. The Consolidated Plan Will B~e
Submitted To The U. S. Department Of Housing And Urbann
Development
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Williamson that Proposed Resolution No. 14605 be adopted.
Planning/Grants Director Dale Watson appeared before the City Council to discuss the
Community Development Block Grant program.
Proposed Resolution No. 14605 was adopted (becoming Resolution No. 08-119.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood, Beard, Williarson and Lewis.
Voting No: None.
The caption of Resolution No. 08-119 reads as follows:
RESOLUTION NO. 08-119
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO MAKE APPLICATION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR A COMMUNITY
DEVELOPMENT BLOCK; GRANT IN THE AMOUNT
OF $1,358,218 AND A GRANT FOR $435,802 IN
HOME FUNDS AUl"HORIZING THE CITY
MANAGER TO EXECIJITE THE CITY OF PORT
ARTHUR'S 2008 CONSOLIDATED ANNUAL
PLAN. THE CONSOLIDATED PLAN WILL BE
SUBMITTED TO THE U. S. DEPARTMENT OF
HOUSING AND URBAN( DEVELOPMENT
(10) P. R. No. 14612 - A Resolution To Approve The Authorizing
Action Plan Pursuant To Parks And Recreation Open Space
Master Plan
The Mayor introduced the above-mentioned F~roposed Resolution.
The motion was made by Councilmember Williamson and seconded by Councillmember
Beard that Proposed Resolution No. 14612 bey adopted.
Assistant Human Resource/Parks Director Thigpen appeared before the City Council to
discuss funding for the Parks and Recreation Open Space Master Plan.
Proposed Resolution No. 14612 was adopted becoming Resolution No. 08-120.
Voting Yes: Mayor Prince; Mayor Pro Teem Sinegal; Councilmembers Chatman,
Henderson, Flood, Beard, Williamson and Lewis.
Voting No: None.
City Council Minutes
Regular Meeting -March 25, 2008 9
The caption of Resolution No. 08-120 reads as follows:
RESOLUTION NO. 08-120
A RESOLUTION TO APPROVE THE
AUTHORIZING ACTIOIN PLAN PURSUANT TO
PARKS AND RECREAT][ON OPEN SPACE MASTER
PLAN
(11) P. R. No. 14616 - A Resolution As It Pertains To Calling ,A
Public Hearing To Consider Options For Naming A Building
Located At 3248 39t" Street (Requested By Mayor Pro Tern
Sinegal)
The Mayor introduced the above-mentioned F~roposed Resolution.
Upon the motion of Councilmember Beard, seconded by Councilmember Flood and
carried, Proposed Resolution No. 14616 was adopted becoming Resolution No. Oi8-121.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood, Beard, Williamson and Lewis.
Voting No: None.
The caption of Resolution No. 08-121 reads a.5 follows:
RESOLUTION NO. 08-121
A RESOLUTION AS IT PERTAINS TO CALLING A
PUBLIC HEARING TO CONSIDER OPTIONS FOR
NAMING A BUILDING LOCATED AT 3248 39TH
STREET (REQUESTED BY MAYOR PRO TEM
SINEGAL)
(13) P. R. No. 14618 - A Resolution Approving The Form Arnd
Consent Of The Preliminary Official Statement For The Sale
Of $9,000,000 City Of Port Arthur, Texas, General
Obligation Bonds, Series 2008 And Authorizing First
Southwest Company To Proceed With The Printing Arnd
Distribution Of Same In Preparation For Competitive Sale
April 8, 2008
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Chatman and seconded by Councilmember
Jones that Proposed Resolution No. 14618 be adopted.
Councilmember Chatman and Councilmember Jones amended their motion t:o adopt
Proposed Resolution No. 14618 to include the language as set forth by the City
Attorney.
Proposed Resolution No. 14618 was adopted becoming Resolution No. 08-122.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood, Beard, Williamson and Lewis.
Voting No: None.
The caption of Resolution No. 08-122 reads a:s follows:
City Council Minutes
Regular Meeting -March 25, 2008 10
RESOLUTION NO. 08-122
A RESOLUTION APPROVING THE FORM AND
CONSENT OF THE (PRELIMINARY OFFICIAL
STATEMENT FOR THE SALE OF $9,000,000 CITY
OF PORT ARTHUR, TEXAS, GENERAL
OBLIGATION BONDS, SERIES 2008 AND
AUTHORIZING FIRST SOUTHWEST COMPANY
TO PROCEED WITH( THE PRINTING AND
DISTRIBUTION OF SAME IN PREPARATION
FOR COMPETITIVE SALE APRIL 8, 2008
A. Resolutions
(2) P. R. No. 14614 - A Resolution Calling For A Public Hearirng
As To Consider Disposition Of Property (Fire Station)
Located At 32"d Street And Memorial Boulevard (Requested
By Mayor Prince)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Wiilliamson and seconded by Councilmember
Henderson that Proposed Resolution No. 146]_4 be adopted.
Connie Broussard, 6349 Jade Avenue, appeared before the City Council to discuss the
proposed disposition of the Fire Station located at 32~d Street.
Proposed Resolution No. 14614 was adopted (becoming Resolution No. 08-123.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood, Beard, Williarson and Lewis.
Voting No: None.
The caption of Resolution No. 08-123 reads as follows:
RESOLUTION NO. 08-123
A RESOLUTION CALLING FOR A PUBLIC
HEARING AS TO CONISIDER DISPOSITION OF
PROPERTY (FIRE STATION) LOCATED AT 32ND
STREET AND MIEMORIAL BOULEVARD
(REQUESTED BY MAYOR PRINCE)
(3) P. R. No. 14619 - A Resolution Authorizing The Mayor To
Execute An Agreement Witlh The Port Arthur Economic
Development Corporation Regarding The Financing Oaf
Streets
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Williamson that Proposed Resolution No. 14619 be adopted.
Finance Director Rebecca Underhill appeared before the City Council to discuss available
funding for the proposed financing of streets.
Proposed Resolution No. 14619 was adopted (becoming Resolution No. 08-124.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood, Williamson ar~d Lewis.
City Council Minutes
Regular Meeting -March 25, 2008 it
Voting No: None.
The caption of Resolution No. 08-124 reads as follows:
RESOLUTION NO. 08-124
A RESOLUTION AUTH~DRIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH THE PORT
ARTHUR ECONOMIC DEVELOPMENT
CORPORATION REGARDING THE FINANCING
OF STREETS
(4) P. R. No. 14631 - A Resolution Appointing The City Of Port
Arthur Representatives To The West Port Arthuir
Redevelopment Corporation (WESTPARC)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Chatman and seconded by Councilmember
Jones that Proposed Resolution No. 14631 be adopted.
Councilmember Williamson left the meeting.
Upon the motion of Councilmember Beard, seconded by Councilmember Chatnnan and
carried, Proposed Resolution No. 14631 was tabled.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood, Beard and Lewis.
Voting No: None.
(5) P. R. No. 14632 - A Resolution Appointing And/O~r
Reappointing A Member or Members To The Beautificatioin
Commission
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Leuvis and seconded by Councilmember Jones
that Proposed Resolution No. 14632 be adopted.
Acting City Secretary Hanks read into the record the name of Councilmember Ch~atman's
Beatification Commission appointment, Janice Terrell.
Proposed Resolution No. 14632 was adopted becoming Resolution No. 08-125.
Voting Yes: Mayor Prince; Mayor Pro TE~m Sinegal; Councilmembers Chatman,
Henderson, Flood and Lewis.
Voting No: None.
The caption of Resolution No. 08-125 reads a;s follows:
RESOLUTION NO. 08-125
A RESOLUTION APPOINTING AND/OR
REAPPOINTING A MEMBER OR MEMBERS TO
THE BEAUTIFICATION COMMISSION
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
B. Ordinances
City Council Minutes
Regular Meeting -March 25, 2008 12
(1) P.O. No. 5837 - An Ordlinance Authorizing The Cit!~
Manager And City Attorney To Transfer The Building An~i
Lot At Memorial Boulevard And 32"d Street To The Truth Pk
Education Corporation (Requested By Mayor Pro Tem
Sinegal And Councilmember Lewis)
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Mayor Pro Tem Sinegal, seconded by Councilmember Chatman and
carried, Proposed Ordinance No. 5837 was removed from the agenda.
Voting Yes: Mayor Prince; Mayor Pro TE~m Sinegal; Councilmembers Chatman,
Henderson, Flood and Lewis.
Voting No: None.
(2) P. O. No. 5858 - An Ordlinance Amending Chapter 18
(Buildings) Article VII Housing Codes Section 18-381 And
Section 18-382 Of The CodE: Of Ordinances Of The City Oaf
Port Arthur, As To Adopt The: 2006 International Properiry
Maintenance Code PublishE~d By The International Code
Council, Inc., Providing Certain Amendments Thereta~;
Repealing All Ordinances Or Parts Of Ordinances in Conflict
Therewith; Repeating Penalty For Violation By Fine Not
Exceeding Two Thousand Clollars, As Provided in Section
18-43 Of The Code Or As Otherwise Imposed By State Laws;
And Providing For Publication And An Effective Date
Immediately After Publication
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Henderson, seconded by Councilmember Chatman
and carried, Proposed Ordinance No. 5858 vvas adopted becoming Ordinance No. 08-
27.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman,
Henderson, Flood and Lewis.
Voting No: None.
The caption of Ordinance No. 08-27 reads as follows:
ORDINANCE NO. 08-27
AN ORDINANCE AMENDING CHAPTER 18
(BUILDINGS) ARTICLE VII HOUSING CODES
SECTION 18-381 AND SECTION 18-382 OF THE
CODE OF ORDINANCES OF THE CITY OF PORT
ARTHUR, AS TO ADOPT THE 2006
INTERNATIONAL PR'.OPERTY MAINTENANCE
CODE PUBLISHED BY THE INTERNATIONAL
CODE COUNCIL, INC:., PROVIDING CERTAIN
AMENDMENTS THEF~ETO; REPEALING ALL
ORDINANCES OR PAIRTS OF ORDINANCES IN
CONFLICT THEREWITH; REPEATING PENALTY
FOR VIOLATION BY F][NE NOT EXCEEDING TWO
THOUSAND DOLLARS, AS PROVIDED IN
SECTION 18-43 OIF THE CODE OR AS
OTHERWISE IMPOSED BY STATE LAW; AND
PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE IMMEDIATELY AFTER
PUBLICATION
City Council Minutes
Regular Meeting -March 25, 2008 13
(3) P. O. No. 5859 - An Ordinance Amending The Zoning
Ordinance Of The City Of Pout Arthur By Granting A Specific
Use Permit For A Communications Tower On Lot 2, Bloclk
15, City Addition, Port Arlthur, Jefferson County, Texas
(Violation Of This Ordinance Or The Zoning Ordinance Oaf
The City Of Port Arthur is Punishable As Provided In
Section 1-13 Of The Code Of Ordinances As Amended B~y
Fine Not Exceeding Two Thousand [$2,000.00] Dollars);
And Providing For Publication In The Official Newspaper O~f
The City Of Port Arthur And Effective Immediately After
Publication Date. (Z08-02 T~-MOBILE) 1145
Houston Avenue
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Flood and seconded by Councilmember
Chatman that Proposed Ordinance No. 5859 be adopted.
Planning/Grants Director Dale Watson appearred before the City Council to discuss the
proposed Specific Use permit.
T-Mobil West Corporation Representative David Petrovich appeared before i:he City
Council to answer questions regarding the proposed communication tower.
The motion was made by Councilmember Williamson and seconded by Councilmmember
Chatman that Proposed Ordinance No. 5859 tie amended as follows:
Section 3. That the Specific Use Permit is used subject to the fol%wing
mandatory condition;
1. That the owner of the tower shall permit co-locations when
feasible,
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood, Beard, Williarnson and Lewis.
Voting No: None.
The motion to amend Proposed Ordinance No~. 5859 carried.
Proposed Ordinance No. 5859 was adopted as amended becoming Ordinance No. 08-
28.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood, Beard, Williarnson and Lewis.
Voting No: None.
The caption of Ordinance No. 08-28 reads as follows:
ORDINANCE NO. 08-28
AN ORDINANCE Ah~ENDING THE ZONING
ORDINANCE OF THE CITY OF PORT ARTHUR BY
GRANTING A SPECIFIC USE PERMIT FOR A
COMMUNICATIONS TOWER ON LOT 2, BLOCK
15, CITY ADDIT][ON, PORT ARTHUR,
JEFFERSON COUNTY, TEXAS (VIOLATION OF
THIS ORDINANCE OR THE ZONING
ORDINANCE OF THE (:ITY OF PORT ARTHUR IS
PUNISHABLE AS PROVIDED IN SECTION 1-13
City Council Minutes
Regular Meeting -March 25, 2008 14
OF THE CODE OF ORDINANCES AS AMENDED
BY FINE NOT EXCEEDING TWO THOUSAND
[$2,000.00] DOLLARS); AND PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER
OF THE CITY OF PORT ARTHUR AND EFFECTIVE
IMMEDIATELY AFTER PUBLICATION DATE.
(Z08-02 T-MOBILE) 1].45 HOUSTON AVENUE
(4) P. O. No. 5860 - An Ordinance Amending The Zoning
Ordinance Of The City Of Port Arthur By Rezoning Tract ~4
Out Of And Part Of Lot 9, Block 1, Port Acres From Light
Commercial To Heavy Commmercial, Port Arthur, Jefferson
County, Texas From Industrial To Single Family Residentiall,
(Violation Of This Ordinance Or The Zoning Ordinance Of
The City Of Port Arthur is Punishable As Provided In
Section 1-13 Of The Code ~Df Ordinances As Amended B~y
Fine Not Exceeding Two Thousand [$2000.00] Dollars);
And Providing For Publicatia~n In The Official Newspaper Oaf
The City Of Port Arthur And Effective Immediately After
Publication Date. (Z08-03 F,AYYAZ) West Port Arthur Road
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Lewis and seconded by Councilmember
Chatman that Proposed Ordinance No. 5860 t-e adopted.
Planning/Grants Director Dale Watson appeared before the City Council to discuss the
proposed Light Commercial to Heavy Commercial rezoning.
The motion was made by Councilmember Henderson and seconded by Councilmember
Flood that Proposed Ordinance No. 5860 was amended as set forth by t:he City
Attorney.
Voting Yes: Mayor Prince; Mayor Pro Tem iinegal; Councilmembers Chatman, Jones,
Henderson, Flood, Beard and Lewis.
Voting No: Councilmember Williamson.
The motion to amend Proposed Ordinance No. 5860 carried.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
5860 as amended:
Councilmember Beard "Yes"
Councilmember Chatman "Yes"
Councilmember Flood "Yes"
Councilmember Henderson "Yes"
Councilmember ]ones "Yes"
Councilmember Lewis "Yes"
Mayor Pro Tem Sinegal "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Ordinance No. 5860 was adopted as amended becoming Ordinance No. 08-
29.
The caption of Ordinance No. 08-29 reads as follows:
ORDINANCE NO. 08-29
AN ORDINANCE Ah~ENDING THE ZONING
ORDINANCE OF THE CITY OF PORT ARTHUR BY
City Council Minutes
Regular Meeting -March 25, 2008 15
REZONING TRACT 4 OUT OF AND PART OF LOT
9, BLOCK 1, PORT ACRES FROM LIGHT
COMMERCIAL TO HE~-VY COMMERCIAL, PORT
ARTHUR, ]EFFERSON COUNTY, TEXAS FROM
INDUSTRIAL TO SINGILE FAMILY RESIDENTIAL,
(VIOLATION OF THIS ORDINANCE OR THE
ZONING ORDINANCE OF THE CITY OF PORT
ARTHUR IS PUNISHABLE AS PROVIDED IN
SECTION 1-13 OF THI: CODE OF ORDINANCES
AS AMENDED BY FINE NOT EXCEEDING TWO
THOUSAND [$2000.CI0] DOLLARS); AND
PROVIDING FOR F>UBLICATION IN THE
OFFICIAL NEWSPAPER OF THE CITY OF PORT
ARTHUR AND EFFECT];VE IMMEDIATELY AFTER
PUBLICATION DATE. (Z08-03 FAYYAZ) WEST
PORT ARTHUR ROAD
(5) P. O. No. 5861 - An Ordinance Amending The Zoninig
Ordinance Of The City Of Port Arthur By Rezoning A Tract
Of Land Out Of And Part Of Lot 9, Block 1, Port Acres Fronn
Light Commercial To Heaivy Commercial Port Arthur,
Jefferson County, Texas From Industrial To Single Family
Residential, (Violation Of Phis Ordinance Or The Zoning
Ordinance Of The City Of Port Arthur is Punishable As
Provided In Section 1-13 Of The Code Of Ordinances Ass
Amended By Fine Not Exceeding Two Thousanid
[$2,000.00] Dollars). And Providing For Publication In Thee
Official Newspaper Of The City Of Port Arthur And Effective
Immediately After Publication Date. (Z08-04 BISHUNDAT)
West Port Arthur Road
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Lewis and seconded by Councilmember
Chatman that Proposed Ordinance No. 5859 k-e adopted.
Planning/Grants Director Dale Watson appeared before the City Council to discuss the
proposed rezoning and stated that the Planning and Zoning Commission recommended
denial.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
5861:
Councilmember Beard "No"
Councilmember Chatman "No"
Councilmember Henderson "No"
Councilmember Jones "No"
Councilmember Lewis "Yes"
Mayor Pro Tem Sinegal "No"
Councilmember Williamson "No"
Mayor Prince "No"
The motion to adopt Proposed Ordinance No. 5861 failed.
(6) P. O. No. 5862 - An Ordlinance Amending The Zoning
Ordinance Of The City Of Port Arthur By Granting A Specific
Use Permit For A Package S'~tore On A 1.1156 Acre Tract Clf
Land Out Of Lot 5, Block 3., Range "G", Port Arthur Land
Company, Port Arthur, ]efferson County, Texas (Violation
Of The Ordinance Or The Zoning Ordinance Of The City Clf
Port Arthur is Punishable p-s Provided In Section 1-13 Clf
The Code Of Ordinances As Amended By Fine Not
City Council Minutes
Regular Meeting -March 25, 2008 16
Exceeding Two Thousand [$2,000.00] Dollars); An~i
Providing For Publication In The Official Newspaper Of The
City Of Port Arthur And Effective Immediately After
Publication Date. (Z08-05 ECLIPSE DEVELOPMENT)
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Chatman seconded by CouncilmembE~r Jones
that Proposed Ordinance No. 5862 be adopted.
Planning/Grants Director Dale Watson appeared before the City Council to discuss the
proposed Specific Use permit and stated that the Planning and Zoning Commission
recommended denial.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
5862:
Councilmember Beard
Councilmember Chatman
Councilmember Flood
Councilmember Henderson
Councilmember Jones
Councilmember Lewis
Mayor Pro Tem Sinegal
Councilmember Williamson
Mayor Prince
The motion to adopt Proposed Ordinance No. 5862 failed.
"Yes"
"Yes"
"Yes"
"No"
"Yes"
"Yes"
"Yes"
"No"
"No"
(7) P. O. No. 5863 - An Appropriiation Ordinance Amending The
Budget For The Fiscal Year Beginning October 1, 2007 And
Ending September 30, 2008 To Fund Additional Costs For
Grass Mowing And Elections
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Beard, seconded by Councilmember Chatnnan and
carried, Proposed Ordinance No. 5863 was adopted becoming Ordinance No. 08~-30.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood, Beard, Williarnson and Lewis.
Voting No: None.
The caption of Ordinance No. 08-30 reads as follows:
ORDINANCE NO. 08-30
An Appropriation Ordinance Amending The
Budget For The Fiscall Year Beginning October
1, 2007 And Ending September 30, 2008 To
Fund Additional Costs For Grass Mowing And
Elections
(8) P. O. No. 5864 - An Ordinance Amending Section 78-269 (B) (1)
Of The Code Of Ordinance A:s It Pertains To Travel
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Lewis and seconded by Councilmember Jones
that Proposed Ordinance No. 5864 be adopted.
City Council Minutes
Regular Meeting -March 25, 2008 17
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
5861:
Councilmember Beard "Yes"
Councilmember Chatman "No"
Councilmember Henderson "Yes"
Councilmember Flood "Yes"
Councilmember ]ones "Yes"
Councilmember Lewis "Yes"
Mayor Pro Tem Sinegal "Yes"
Councilmember Williamson "No"
Mayor Prince "No"
Proposed Ordinance No. 5864 was adopted as amended becoming Ordinance No. 08-
31.
The caption of Ordinance No. 08-31 reads as Follows:
ORDINANCE NO. 08-31
AN ORDINANCE AMEINDING SECTION 78-269
(B) (1) OF THE CODIE OF ORDINANCE AS IT
PERTAINS TO TRAVEL
C. *Reaorts And Recommendations
(1) Report On Sister Cities Application (Requested
Councilmember Lewis)
Councilmember Lewis presented the above-mentioned report.
(2) Report On Resolution No. 08-083 And Decorum (Requested By
Councilmember Flood)
Councilmember Flood presented the above-mentioned report.
IX. *CLOSED MEETING (EXECUTIVE SIESSION)
Closed Meetincr:
(1) Section 551.087 Government Code - To Discuss The Value
Of Land At 3248 39th Street
(2) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As To Pick Two
Contractor
(3) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To The
Water And Garbage Bill Of The Housing Authority
(Requested By The City Manager)
(4) Section 551.087 Government Code - To Discuss Incentives
For Commercial, Residential, And Business Prospects
(5) Section 551.074 Government Code - To Discuss The Duties
And Evaluation Of The Municipal Court Judge
(6) Section 551.071 Governmennt Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To TEPPCO
By
The City Council recessed their meeting at >:30 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 7:13 p.m. with
the following members present: Mayor Prince; Mayor Pro Tem Sinegal;
Councilmembers Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis; City
Manager Fitzgibbons; Acting City Secretary Hanks and City Attorney Sokolow.
City Council Minutes
Regular Meeting -March 25, 2008 18
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON CONSENT
Councilmember Flood recused himself from the following action.
Upon the motion of Councilmember Williamson, seconded by Councilmember Chatman
and carried unanimously, the City Attorney vvas instructed to send correspondence to
TEPPCO regarding the abatement agreement.
Councilmember Henderson left the meeting.
(6) P. O. No. 5862 - An Ordinance Amending The Zoning
Ordinance Of The City Of Pout Arthur By Granting A Specific
Use Permit For A Package Sitore On A 1.1156 Acre Tract Of
Land Out Of Lot 5, Block 3, Range "G", Port Arthur Land
Company, Port Arthur, 7effE:rson County, Texas (Violation
Of The Ordinance Or The Zoning Ordinance Of The City Of
Port Arthur is Punishable As Provided In Section 1-13 0'f
The Code Of Ordinances As Amended By Fine Not
Exceeding Two Thousand) [$2,000.00] Dollars); Anid
Providing For Publication In The Official Newspaper Of The
City Of Port Arthur And Effective Immediately After
Publication Date. (Z08-05 ECLIPSE DEVELOPMENT)
The motion was made by Councilmember Henderson and seconded by Councilmember
Beard to reconsider and approve Proposed Ordinance No. 5862.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
5862:
Councilmember Beard "Yes"
Councilmember Chatman "Yes"
Councilmember Henderson "Yes"
Councilmember Flood "Yes"
Councilmember )ones "Yes"
Councilmember Lewis "Yes"
Mayor Pro Tem Sinegal "Yes"
Councilmember Williamson "No"
Mayor Prince "No"
Proposed Ordinance No. 5862 was reconsidered and adopted becoming Ordinance No.
08-32.
The caption of Ordinance No. 08-32 reads as follows:
ORDINANCE NO. 08-32
AN ORDINANCE ANfENDING THE ZONING
ORDINANCE OF THE C'~ITY OF PORT ARTHUR BY
GRANTING A SPECIFIC USE PERMIT FOR A
PACKAGE STORE ON /~ 1.1156 ACRE TRACT OF
LAND OUT OF LOT 5i, BLOCK 3, RANGE "G",
PORT ARTHUR LAND COMPANY, PORT
ARTHUR, JEFFERSON COUNTY, TEXAS
(VIOLATION OF THE ORDINANCE OR THE
ZONING ORDINANCE OF THE CITY OF PORT
ARTHUR IS PUNISHABLE AS PROVIDED IN
SECTION 1-13 OF THIE CODE OF ORDINANCES
AS AMENDED BY FINIE NOT EXCEEDING TWO
THOUSAND [$2,0001.00] DOLLARS); AND
PROVIDING FOR (PUBLICATION IN THE
OFFICIAL NEWSPAPEIR OF THE CITY OF PORT
ARTHUR AND EFFECTIVE IMMEDIATELY AFTER
City Council Minutes
Regular Meeting -March 25, 2008 19
PUBLICATION DATE„ (Z08-05 ECLIPSE
DEVELOPMENT)
A. Resolutions
(1) P. R. No. 14608 - A Resolution As It Pertains To An Incentive
Agreement With Ally Investnnents, LLC And Neofuel USA, LILC
(Requested By Councilmember Williamson)
The City Manager introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Chatman and seconded by Councilmember
Williamson that Proposed Resolution No. 14608 be adopted.
Upon the motion of Councilmember Beard, seconded by Councilmember Chatman and
carried, Proposed Resolution No. 14608 was removed from the agenda.
Voting Yes: Mayor Prince; Mayor Pro Tem >inegal; Councilmembers Chatman, Jones,
Flood, Beard and Lewis.
Voting No: Councilmember Williamson.
(9) P. O. No. 5865 - An Ordinance As It Pertains To A Developer
Participation Contract With Oakmont Properties, Inc. As Tai
Extend Anchor Drive As To Provide An Incentive For A New 246
Unit Up-Scale, Market-Rate Apartment Complex
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Chatman and seconded by Councilmmember
Beard that Proposed Ordinance No. 5865 be adopted.
Upon the motion of Councilmember Beard, seconded by Councilmember Williamson and
carried, Proposed Ordinance No. 5865 was tabled.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Flood, Beard, Williamson and Lewis.
Voting No: None.
X. FUTURE AGENDA ITEMS OR REQUIESTED REPORTS
Mayor Pro Tem Sinegal:
(1) Requested Police Chief Blanton inve>tigate allegations that KCS Railroad has
been blocking traffic and being rude to citizens.
Port Arthur Police Chief Blanton appeared before the City Council to discuss the alleged
blocking of traffic by the KCS Railroad.
(2) Requested that the Lifetime Promotion letter issued to Lloyd Christian be read
into the record.
Mayor Prince•
Requested a report regarding an incidE:nt on Pleasure Island.
Councilmember Williamson:
Requested an updated property list pertaining to the Sheriff's Sale showing
addresses.
City Council Minutes
Regular Meeting -March 25, 2008 20
Councilmember Beard:
(1) Requested a proclamation for the ~~Wor~d of Mouf"group.
(2) Requested a report regarding Jerome Weber as it pertains to an RV Park.
(3) Requested a Tax Consultant and Pipeline Regulatory Consultant be obtained.
(4) Requested an invitation to the meeting with TEPPCO.
Councilmember Flood;
(1) Report on the rights of Private and Elected City Officials.
(2) Requested the issue of non-working street lighting be addressed.
Councilmember Lewis:
Requested the four-way stop sign on West Port Arthur Road and Highway 365 be
replaced by a red light.
X. ADJOURNMENT OF MEETING
Upon the motion of Councilmember Williamson, seconded by Councilmember Lewis and
carried unanimously, the City Council adjourned their meeting at 7:35 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.
MIAYOR DELORIS "BOBBIE" PRINCE
ATTEST:
ACTING CITY SECRETARY TERRI HANKS
END OF REGULAR MEETING HELD Marche 25, 2008. APPROVED:
City Council Minutes
Regular Meeting -March 25, 2008 21
EXHIf31T "R"
March 6, 2008
onvention ~ Vi~itor~ Bureau
3401 Cultural Center Drive Port Arthur, TX 77642 (409) 985-7822
FAX (40!x) 985-5584 1-800-235-7822
www. por~tarthurtexas.com
(E-Mail) pacvbC~portarthurtexas.com
~2~~"
Mr. Steve Fitzgibbons, City Manager
City of Port Arthur
P. O. Box 1089
Port Arthur, Texas 77641-1089
Dear Mr. Fitzgibbons,
The 2007 financial audit of the Port Arthur Convention and Visitors Bureau has
been completed by Brammer, Begnaud and Lattimore and has been copied to your
office as well as the office of Rebecca Underhill. Please note that this audit is a
9 month audit. The CVB has changed to a fiscal year to match the city to help
ease confusion. There are no comparative columns as it is 9 month versus a full
year. The next audit will be a fiscal 2007/2008 audit. You will find the audit is
favorable and that the Bureau remains in compliance with the rules and
regulations that govern our office as well as being fiscally responsible..
The Port Arthur Convention and Visitors Bureau Board of Directors reviewed and
accepted the audit delivered by Mr. Larry Begnaud, CPA. If any questions arise
when reviewing the audit, please call me. The Chairman of the Convention and
Visitors Board during 2007 was Mr. Arthur Guidry or Mr. Larry Begnaud would
also be available should questions arise. Thank ~~ou for your ongoing support of
tourism. y
Sincerel
w-----
Tammy Kotara~otzur
Executive Director
cc: Rebecca Underhill, City Finance Officer
~ ~ ~ ~~
L`~~8~ ~ Ini teal. *~ ~1.~ Ian
PORT ARTHUR CONVENTION .AND TOURIST ASSOCIATION
PORT ARTHUR, TEXAS
ANNUAL FINANCIAL REPORT
NINE MONTHS ENDED SEPTEMBER 30, 2007
BOARD OF DIRECTORS
Arthur Guidry
Jeanette Sanders
Bonnie Wilkinson
Debra Asbury
Carol Hebert
Ronnie Hicks
Johnnye Williamson
Volney Pinder
Katie Pitre
Tammy Kotzur
Chairman
Vice-Chairman
Secretary-Treasurer
Director
Director
Director
Director
Director
Director
Executive Director
,~~,. Brammer, Begnaud & La##imore
~_ ~r.;_~, . - .~
""j.i' 3025 PLAZA CIRCLE PORT ARTHUR, TX 77642
TEL. 409.983.1669 FAX. 409.983.5828 WWW.BBLCPA.COM
INDEPENDENT AUDITORS REPORT
January 14, 2008
Board of Directors
Port Arthur Convention and Tourist Association
Port Arthur, Texas
We have audited the accompanying statements of financial position of the. Port Arthur
Convention and Tourist Association (a non-profit organization) as of September 30, 2007,
and the related statements of activities and cash flows for the nine months then ended.
These financial statements are the responsibility of the Association's management. Our
responsibility is to express an opinion on these financial statements based on our audits.
We conducted our audits in accordance with auditing standards generally accepted ir.~ the
United States of America. Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the; financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting the
amounts and disclosures in the financial statements. An audit also includes assessing; the
accounting principles used and significant estimates made by management, as well as
evaluating the overall financial statement presenl:ation. We believe that our audit provides a
reasonable basis for our opinion.
In our opinion, the financial statements refereed to above present fairly, in all material
respects, the financial position of the Port Arthur Convention and Tourist Association, as of
September 30, 2007, and the changes in its net assets and cash flows for the nine months
then ended in conformity with accounting principles generally accepted in the United States
of rica.
BRAMMER, B GNAUD & LATTIMORE
1
EXHIBIT "A"
PORT ARTHUR CONVENTION .AND TOURIST ASSOCIATION
PORT ARTHUR, TEXAS
STATEMENTS OF FIl`1ANCIAL POSITION
SEPTEMBER 30, 2007
Assets
Current Assets
Cash in bank (including money market funds)
Other Receivable
Accrued Interest Receivable
Prepaid expenses-insurance
Prepaid expenses-advertising.
Total Current Assets
Property and Equipment Note 1
Furniture and equipment.
Less: accumulated depreciation
Net property and equipment
Total Assets
Liabilities and Net Assets
Current Liabilities
Accounts payable
Deferred Revenue -Grant Proceeds
Total Liabilities-All Current
Net Assets
Unrestricted-Exhibit "B"
Total Liabilities and Net Assets
2
2007
$ 133,989.85
50.00
110.60
5,214.81
1,918.80
$ 141,284.06
$ 37,791.81
_(;?7 649.90
X10,141.91
X151.425.97
$ 7,384.87
_ 5,162.29
$ 12,547.16
$ 1:38,878.81
X151.425.97
The accompanying notes are an integral part of these financial statements
E:KI-iIBIT "B"
PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION
PORT ARTHUR, TEXAS
STATEMENT OIi ACTIVITIES
NINE MONTHS ENDED SEPTEMBER 30, 2007
UNRESTRICTED NET ASSETS 2007
Public Support
City of Port Arthur hotel occupancy taxes $ 335,999.97
Total Public Support ~33~5,999.97
Revenues
Donated Use of Facilities $ 2,814.00
Grant Revenue 2.9,020.60
Investment income 1,326.49
Total Revenues $ 3.3 , i 61.09
Total Support and Revenue _ $ 3E~9,161.06
Expenses
Program services:
Convention attendance and promotion $ ?'•5,779.66
Tour receptions and promotion 23,739.98
Public information-printing and postage 27,434.64
Direct advertising 23,090.00
General tourism promotion 100,698.96
Special Project -Joint County 0.00
Salary-marketing director '6,601.66
Salary-convention sales director 26,601.66
Payroll tax expense 4,225.51
Employee benefits 13,710.33
Total Program Service Expenses $ 281,882.40
Supporting services:
Auditing and advisory services $ 7,423.85
Depreciation 1,058.24
Employee benefits x2,178.27
Insurance 1,120.29
Miscellaneous 667.03
Office supplies and expense 2,877.20
Rental equipment and facilities 5,178.19
Repairs and maintenance contract 596.00
3
The accompanying notes are an integral part of these financial statements
EXHIBIT "B" !;Continued)
PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION
PORT ARTHUR, TEXAS
STATEMENT OF ACTIVITIES
NINE MONTHS ENDED SEPTEMBER 30, 2007
Supporting services: (continued) 2007
Salary-executive director $ 3:5,303.94
Salary-office manager 1!x,602.20
Taxes-payroll 4,355.23
Telephone :2,051.40
Utilities cost sharing 4,000.00
Total Supporting Services $ 96,411.84
Total Expenses $ 376,294.24
Increase (Decrease) in Unrestricted
Net Assets $ (:9,133.18)
Unrestricted Net Assets-Beginning 148,011.99
Unrestricted Net Assets-Endine ~3 878.81
4
The accompanying notes are an integral part of these financial statements
E~s;HIBIT "C"
PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION
PORT ARTHUR, TEXAS
STATEMENT OF CASH FLOWS
NINE MONTHS ENDED SEPTEMBER 30, 2007
Cash Flows From Operating Activities 2007
Increase (Decrease) in net assets $ (9,133.18)
Adjustments to reconcile change in net assets
to net cash.provided by operating activities:
Depreciation 1,058.24
(Increase) Decrease in:
Accounts Receivable 246.38
Prepaid expenses (562.75)
Increase (Decrease) in:
Accounts payable :5,511.25
Accrued Payroll 0.00
Deferred Revenue -Grant Proceeds _(;7 562.74
Net Cash Provided (Used) By Operating Activities $~1~D 442.80
Cash Flows from Investing Activities
Purchase of equipment $_(7 206.85
Net Cash (ITsed) By Investing Activities $ ~7 206.85
Net Increase (Decrease) In Cash And Cash Equivalents $ (17,649.65)
Cash and Cash Equivalents-beginning of year 151,639.50
Cash and Cash Equivalents-end of year $ 133.989.85
5
The accompanying notes are an integral part of these financial statements
PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION
PORT ARTHUR, TEXAS
NOTES TO FINANCL~L STATEMENTS
SEPTEMBER 30, 2007
The Port Arthur Convention and Tourist Association is annon-profit organization, founded May 24,
1976 under Section 501(c)(6) of the Internal Revenue Code as an un-incorporated trade association. The
association was formed for the purpose of promoting tourism and conventions in the City of Port Arthur
and vicinity. The Associations board of directors are appointed by the Board and approved b;y a majority
vote. Funds for associations operations are provided through a contractual agreement with the City of
Port Arthur.
Note 1--Summary of Significant Accountin~LPolicies
(A) Accounting Policies
The financial statements of the Port Arthur Convention and Tourist Association have been
prepared utilizing the accrual basis of accounting.
(B) Cash and Cash Equivalents
For purposes of the statements of cash flows, the Association considers all highly liquid
investments available for current use with aJa initial maturity of three months or le:>s to be cash
equivalents.
(C) Donated Office Space and Services
Office space provided by the Museum of tl'ze Gulf Coast and the City of Port Arthur has been
reflected in the financial statements based on estimated rental market values totaling
$2,814.00 for nine months.
Due to Hurricane Rita, the Port Arthur Civic Center was severely damaged and forced the
Convention and Tourist Association to relocate to the Museum of the Gulf Coast. The
Association agreed to share the utility, maintenance, and communications costs at a rate of
$500.00 per month. In July of 2007, the; Association returned to their offices, in the Port
Arthur Civic Center, where they have resumed their previous contract at a payment of
$500.00 a month.
During the nine months ended Septembc;r 30, 2007, the value of contributed volunteer
services, meeting the requirements for recognition in the financial statements, was not
material and has not been recorded. The value of the contributed services for 2007 was
$749.98. In addition, many individuals volunteer their time as volunteer step-on tour guides;,
6
PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30, 2007
Note 1--Summary of Significant Accounting Policies
(C) Donated Office Space and Services
hospitality workers and office clerical help, but these services do not meet the criteria for
recognition as contributed services.
(D) Property and Equipment
It is the association' s policy to capitalize the property and equipment over $500.00. Lesser
amounts are expensed. Furniture, fixtures and equipment are stated at cost. Depreciation is
computed on a straight-line basis over an estimated useful life of seven to tern years for
furniture and fixtures, and five years for computer equipment and peripherals. ,~4dditions to
furniture and equipment are reviewed and approved by board action.
(E) Income Tax Status
The Association is anot-for-profit organization and is exempt from federal income tax under
Section 501(c) (6) of the Internal Revenue; Code. Contributions to the Association are not
deductible for tax purposes by the donor as charitable contributions. The Association is not a
private foundation.
(F) Financial Statement Presentation
The Association is required to report information regarding its financial position and activities
according to three classes of net assets: unrestricted net assets, temporarily restricted net
assets, and permanently restricted net assets. As permitted by SFAS Statement 117, the
Association does not use fund accounting.
(G) Estimates
The preparation of financial statements in conformity with U.S. generally accepted accounting
principles requires management to make estimates and assumptions that affect certain reported
amounts and disclosures. Accordingly, actual results could differ from those estimates.
7
PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30, 2007
Note 2--City of Port Arthur Occupancy Tax Revenue
The Association has agreed to an amendment Ito the contract where the City will allc-cate Hotel-
Motel occupancy tax funds for the Association each year based on a review of the Associations
performance and the effectiveness of the marketing efforts of the to Association and its value to
tourism in Port Arthur. These funds will be remitted to the Association each month, during the
period. For the 2006-2007 budget year (October 2006 through September 2007) the City has
allocated $400,000.00 and for the 2007-2008 budget the City has allocated $450,000.00.
Note 3--Pram Service Revenue
The ~ Association conducts many various activities in its efforts to promote tourism. Program
Service Revenue results from sales at cost of promotional memorabilia such as t-shirts, post
cards, souvenirs, maps, and guides to local attractions. The emphasis toward Progt•am Service
Revenue has been reduced in recent years.
Note 4--Employee Benefits
Employee benefits provided by the Association include medical and dental insurance benefits
paid for employees. The Association provides'. no pension or post-retirement benefits.
Compensated absences are provided on a calendar year for employee sick leave, extended
disability leaves and vacation. After a :>ix-month probationary period of employment,
employees are eligible for vacation leave as follows:
Years of Employment
1 to 4 years
5 to 9 years
10 to 19 years
20 to 24 years
Paid Vacation Days
10 days
15 days
20 days
25 days
g
PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30, 2007
Note 4 -- Employee Benefits (continued)
With the approval of the director, vacation may be postponed after earned for a maximum period
of 12 calendar months after the calendar year ends. All vacation leave expires after this period.
Accrued vacation time payable but not recorded at September 30, 2007 is $11,378.21.
Sick leave is granted after the probationary period for 10 working days each calendar year.
Unused sick leave may be accumulated up 1:o a maximum of 30 days, accrued one day per
month. Sick leave may not be paid as termination or additional pay. Extended disability leave,
after sick leave and vacation leave are exhausted, is allowed as follows:
Half Pay for
Years of Employment Disability Leave
l to 4 years No Pay
5 to 9 years 30 Working Days
10 to 15 years 40 Working Days
15 to 20 years 60 Working Days
Holiday leave is granted for the same official holidays as granted to City of Port Arthur, Texas
employees. These are considered paid legal holidays.
Note 5-- Concentration of Risk
Program activity and revenues for the association are directly related to the hotel motel business
in and around the City of Port Arthur, Texas. Since the City has amended the contract, the
association is guaranteed certain revenues each year. However those revenues are based on
hotel motel occupancy taxes and an evaluation of the results of the associations' impact on
influencing the levels of occupancy of the local hotels and motels for the next year' s revenue.
9
PORT ARTHUR CONVENTION AND TOURIST A:iSOCIATION
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30, 2007
Note 6-fiscal Year Change
Effective the fiscal year beginning October 1, 2007, Port Arthur Convention and Tourist.
Association will change from a calendar year f;nd to a fiscal year end of September 30. A nine
month fiscal transition period from January 1, 2007 through September 30, 2007, precedes the
start of the new fiscal-year cycle.
1.0