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HomeMy WebLinkAbout07/30/2019 - REGULAR COUNCIL MEETING @ 8:30 A.M. (INSIDE & OUTSIDE) r: l NOTICE I Notice is hereby given pursuant to Chapter 581 of the Government Code that a Regular Meeting of the City Council of The City of Port Arthur, Texas will be held on Tuesday, July 30, 2019 at 8:30 a.m. in the City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street, Port Arthur, Texas To Consider the following Agenda. CERTIFICATION I certify that a copy oftbe July 30, 019 Meeting Agenda was posted thiay of , 2019 in the City Hall Building Lobby (i de/o ide), Port Arthur, Texas atp.m. K Moore Assistant City Secretary I certify that the attached notice and agenda was removed by me from the City Hall bulletin board (inside/outside) on the day of , 2019. THURMAN BILL BARTIE,MAYOR REBECCA UNDERHILL HAROLD DOUCET,SR.MAYOR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: , O SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. w • - CITY SECRETARY CAL J.JONES ort rthal THOMAS J.KINLAW III Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK AGENDA City Council Regular Meeting July 30, 2019 8:30 a.m. In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. City Council Meeting City Hall Council Chamber City Of Port Arthur July 30, 2019 8:30 A.M. PLEASE TURN OFF OR MUTEALL MOBILE DEVICES I. .. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tem Doucet, Sr. Councilmember Scott, Jr. Councilmember Jones Councilmember Kinlaw, III Councilmember Moses Councilmember Frank Interim City Manager Underhill City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Duriso Or Designee r II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) A Presentation By Omega TV And La Ley 87.7 FM Regarding The Upcoming Taco Festival 2019 In Downtown Port Arthur August 3 - 4, 2019 (2) A Presentation By Staff Regarding The June 2019 Financial Report C. Employee Recognition — None D. Correspondence — None 1 _ III r J 1 AGENDA JULY 30, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion (1) A Discussion Regarding Vacancies On The Beautification Commission (Requested By Councilmember ]ones) IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS (1) P.R. No. 20957 — A Resolution Appointing A Member And/Or Members To The Board Of Directors Of The Downtown Tax Increment Reinvestment Zone (TIRZ) #1 VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Travel Request — None B. Expense Reports i (B1) Mayor Thurman Bill Bartie: New Councilmember Orientation Round Rock, TX July 17 — 19, 2019 $757.06 2 � i AGENDA JULY 30, 2019 VI. CONSENT AGENDA— CONTINUED C. Minutes May 21, 2019 Regular Meeting June 4, 2019 Regular Meeting June 11, 2019 Special Meeting June 17, 2019 Special Executive Meeting June 17, 2019 Regular Meeting July 2, 2019 Regular Meeting D. Resolutions (1) P.R. No. 20850 — A Resolution Authorizing The City Manager To Enter Into An Agreement With MCCI For The Imaging Of Certain Vital Records Now Being Stored For Safekeeping In The Amount Of $55,512.86 Through Texas BuyBoard Cooperative Purchasing Document Scanning Service Contract No 544-17. Account No. 307- 1601-591.92-00 (2) P.R. No. 20853 — A Resolution Authorizing The City Manager To Enter Into A One (1) Year Contract Between The City Of Port Arthur And Agape Cleaning Enterprises Service Of Houston, Texas For Janitorial Services At The Port Arthur Transit Facilities, In An Annual Not-To-Exceed Amount Of $27,600.00. Funds Available In Transit Account Number 401-1501-561.59-00 — Other Contractual Service (3) P.R. No. 20915 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And LD Construction Of Beaumont, Texas For The Reclamation And Road Resurfacing Projects For Marshall Avenue (10th Street South To Gulfway Drive North); 6th Street (Williams Ave. West To Duff Drive East); 42nd Street (9th Avenue West To Wentworth Avenue East); 3rd Avenue (32nd Street South To 36th Street); And 64th Street (Garnett Avenue West To W. Port Arthur Road East) Decreasing The Contract Amount By $131,624.17 To A New Contract Amount Of $424,311.33. Capital Projects-Streets Account No. 307-1601-591.86-00 3 ,.s AGENDA JULY 30, 2019 VI. CONSENT AGENDA— CONTINUED (4) P.R. No. 20916 — A Resolution Requesting City Council To Authorize The Pre-Qualification Of Five (5) Engineering Firms: Arceneaux, Wilson & Cole LLC Of Port Arthur, Texas; Freese And Nichols Of Fort Worth, Texas; Lockwood, Andrews & Newman, Inc. Of Houston, Texas; Schaumburg & Polk Of Beaumont, Texas And Soutex Surveyors Of Port Arthur, Texas, For The Purpose Of Providing Professional Engineering Services For Utility Projects. This Pre-Qualification Will Be For A 2 Year Term (5) P.R. No. 20943 — A Resolution Ratifying Payments To United Rentals, Inc., Of Dallas, Texas For The Rental Of.One 5 Yard Dump Truck, For A Total Amount Of $29,174.60. Funding Is Available In Account Number 410-1255-532.51-00, Rent (6) P.R. No. 20944 — A Resolution Ratifying And Approving Payments To United Rentals, Inc. Of Dallas, Texas For The Rental Of One Ford F-450 Flatbed Pickup Truck, For A Projected Amount Of $32,799.15. Funding Is Available In Account Number 410-1255- 532.51-00, Rent (7) P.R. No. 20945 — A Resolution Authorizing The City Manager To Enter Into A Contract With Arceneaux Wilson & Cole LLC Of Port Arthur, Texas, For The Design And Construction Phase Services For The Remediation And Mitigation Of All Lift Stations Damaged In The Harvey Flood For A Contract Price Of $371,740.00; Funding Available In Account No. 405-1621-532.83-00, Utility Capital Projects (8) P.R. No. 20952 — A Resolution Authorizing The Purchase Of A Boom Mower With Under Guard Rail Mower Attachment From Alamo Industrial Of Seguin, Texas, For The Parks And Recreation Department Through Texas BuyBoard Cooperative Purchasing Contract Number 529-17, In The Amount Of $263,303.90; Funding Available Account Number 001.1207.531.92.00 4 AGENDA JULY 30, 2019 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 20960 — A Resolution Authorizing The City Manager To Increase Blanket Purchase-Order Number 217164 To An Amount Not To Exceed $37,500.00 For The Annual Inspection And Repair To Fire Department Bunker Gear Due To The Increase In The Number Of Repairs Not Anticipated In The Unit Cost; Funding Available In Fire Department Uniforms & Bunkers Account No. 001- 1121-522.26-00 (10) P.R. No. 20969 — A Resolution Amending Resolution No. 19-273 As It Pertains To The Contract Between The City Of Port Arthur And Classic Sports Of Spring, Texas.For Replacing The Basketball Court At Barbara Jacket Park By Adding The Painting Of The Pavement In The Amount Of $6,500.00 To A New Contract Total Of $44,750.00; Funding Available In Account Number 147-2300-901.39-00, Project No. 082617 (11) P.R. No. 20971 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks Or/And Equipment Malfunction (12) P.R. No. 20973 — A Resolution Authorizing The City Manager To Accept The Contractor's Certificate Of Completion, The Contractor's Affidavit Of All Bills Paid, The Engineer's Certificate Of Completion, And The Contractor's Certificate Of Guarantee For The Reclamation And Road Resurfacing Projects For Marshall Avenue (10th Street South To Gulfway Drive North); 6th Street (Williams Ave. West To Duff Drive East); 42nd Street (9th Avenue West To Wentworth Avenue East); 3rd Avenue (32nd Street South To 36th Street); And 64th Street (Garnett Avenue West To W. Port Arthur Road East); And Release Of Retainage In The Amount Of $21,215.57. Funding Is Available In Capital Projects-Streets Account No. 307-0000- 205.00-00 5 V # I AGENDA JULY 30, 2019 VI. CONSENT AGENDA— CONTINUED (13) P.R. No. 20975 — A Resolution Approving The Amendment Of The FY 2016 Contract Between The City Of Port Arthur And The Department Of Health And Human Services Primary Health Care Program, Increasing The Amount Not To Exceed To $326,900.00, Of Which $62,300.00 Is Allocated Toward The Contract Period September 1, 2019 Through August 31, 2020. No Cash Match Required (14) P.R. No. 20977 — A Resolution Amending The Authorized Representatives Included In The Investment Policies Of The City Of Port Arthur For The 2018-2019 Fiscal Year (15) P.R. No. 20981 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1105 5th Street, Port Arthur, Texas,_ Through The City's Homebuyer's Assistance Program VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20919 — A Resolution Designating And Establishing The Taco Festival Entertainment Area For 2019, Designating Omega TV And Radio, LLC As Exclusive Concessionaire And Authorizing The City Manager To Execute Said Agreement (2) P.R. No. 20923 — A Resolution To Support A City Employee Picnic And Kickball Tournament With A Projected Budgetary Impact Of $5,500.00; Funds Are Available In 001-1003-512.59-00, PRO]# M16001 (3) P.R. No. 20924 — A Resolution Requesting That City Council Ratify City Manager's Decision For The Emergency Repairs To The 30" Sewer Main On West Port Arthur Road For Utilities Operations Department By Brystar Contracting, Inc., And Crabtree Barricade Systems, LLC With A Budgetary Impact Of $155,985.60, Account No. 410-1255-532.33-00, Sewer System Maintenance 6 c w� AGENDA JULY 30, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 20962 — A Resolution Approving Change Order No. 2 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Dean Builders, Inc., Of Spring, Texas, For Construction Of Entry Monuments & Landscaping For The Jade Avenue Business Park Increasing The Contract Amount By $4,700.00 To A New Total Of $374,323.00, And Increasing The Contract Term By 120 Days To A New Term Of 383 Days; Funding Available In EDC Account No. 120-1429-582.86-00 (5) P.R. No. 20963 — A Resolution Approving Change Order No. 1 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Sitek Omni Services, LLC For Asbestos, Lead And Mold Abatement And Interior Demolition At The Former Port Arthur News Building Located At 549 4th Street, Port Arthur, Texas, Increasing The Contract Amount By $15,840.00 To A New Total Of $309,240.00 And Increasing The Contract Term By 4 Working Days To A New Term Of 44 Working Days; Funds Available In EDC Account No. 305-1606-591.82-00, Project No. EDC549 (6) P.R. No. 20966 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Frank) (7) P.R. No. 20970 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Baker Tilly Virchow Krause, LLP Of Addison, Texas, For Services Related To The Executive Search For The Position Of City Manager In The Amount Of $24,500.00; Funds Available In Account No. 001-1002-512.54-00 (8) P.R. No. 20980 — A Resolution Sponsoring The "Mayor Thurman "Bill" Bartie And City Council Port Arthur Youth Summit" To Be Held August 10, 2019 (Requested By Mayor Bartie) r AGENDA JULY 30, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent i (1) P.O. No. 6792 — An Ordinance By The City Of Port Arthur, Texas, Approving A Settlement Agreement Regarding The Statement Of Intent Of Texas Gas Service Company, A Division Of One Gas, Inc., To Increase Rates To Recover Hurricane Harvey Response Costs Within The Gulf Coast Service Area; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date VIII. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 — Litigation And/Or Legal Advice Section 551.072 — Land Section 551.073 — Negotiated Contracts For Prospective Gifts To The City Section 551.074 — Personnel Section 551.076 — Security Personnel Or Devices Section 551.087 — Deliberations Regarding Economic Development Incentives Closed Meeting: (1) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In The City's Downtown And West Side (2) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In The City's Industrial District/M 8 6 noel s6upaW uad0 aq i q4!M a:)uepio:):)y uI Ily 'saa:qeW Auy ssn:)sla of PIaH ae II!M suolssaS anlTmax3 ON puy ssau!sn9 6ulu!ewa,d jO wa4I Auy u0 ualel a8 II!M uo!4:)y ON 'ssa:)a,d ayl 6u!ana '6TOZ 'T£ Ain[ u0 WV 0£:8 Ty auanuo:)aNd puy 6ul4aaW ayl ssa:)ad of pa13 AeW 1!:)unoD /q!D N-L 'Wd 6S:TT Tsed spua4x3 6upoW au13I :310N 9NI133W :1O 1N3WMinoCav 'XI uoissaS uadO uI uO pal3V pud passmsi(3 98 AeW uoissaS aAiln:)ax3 uI suaa4I ay1* aabeueW A4!D ayl4O sapl glsuodsa�1 puy saqna aul ssn�s!a of — apoD 4uauauaanoq VLO'TSS uol}DaS (�) Cl3/pu4sla lep4snpul s,A4!:) ayl UI sanl4ua:)ul 4uauad0lanaa :)luaouoD3 ssn:)s14 0l — apoD 4uawuaano9 _80/ -TSS uolT:)aS (£) 43nNI1N0:) — (NOISS3S 3AIin:)3X3) 9NI133W a3SOl:)* 'IIIA I 6TOZ '0£ Ainc `ddN3Jy f 4 A RULES OF DECORUM - PERSONS ADDRESSING COUNCIL &AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speaking Procedure;Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the public and give his name and address in an audible tone of voice for the records,state that subject he wishes to discuss,state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council,shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Council, without the permission of the Presiding Officer. 3. Improper References, Disorderly Conduct By Person Addressing The Council; Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed.After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. S. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorderly Conduct; No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and/or discomfort to the public. S. Persons Having Complaints,Allegations, or Charges Against Individual City Employees: No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriate-administrative channels. ENFORCEMENT OF DECORUM Warning.All persons shall at the request of the Presiding Officer,be silent. Removal.If,after receiving a warning from the Presiding Officer,a person persists in disturbing the meeting,such Officer may order him to remove himself from the meeting.Ifire-does-not remove himself,the Presiding Officer may order the Sergeant-at-arms to remove him. Resisting Removal,Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce.Any Councilmember may move to require the Presiding Officer to enforce this division,and the affirmative vote of a majority of the Council shall require him to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Requesting To Be Heard On Agenda Items(1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2) Nonresidents.Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in the matter being considered. The City Secretary shall present such request-to the Presiding Officer for approval before placing the name on the Agenda. Svecifrc Agenda Items After a motion, second and discussion by the City Council on any specific agenda item, and before a vote is taken,the Presiding Officer shall recognize any citizen in the audience wishing to address the council on such item,who shall be permitted to address the Council thereon for a period of three(3) minutes."Specific Agenda Items"are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council. I NOTICE otice is hereby given pursuant to Chapter 551 of the Government Code that a Regular Meeting of the City Council of The City of Port Arthur, Texas will be held on Tuesday, July 30, 2019 at 8:30 a.m. in the City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street, Port Arthur, Texas To Consider the following Agenda. CERTIFICATION I certify that a copy of he July 30, 20 9 Meeting Agenda was posted thi� of 2019 in the City Hall Building Lobby (in i e/out de), Port Arthur, Texas at ,5; 20, p.m. 0 Q 191y Moore Assistant City Secretary I certify that the attached notice and agenda was removed by me from the City Hall bulletin board (inside/outside) on the day of' , 2019. Title: THURMAN BILL BARTIE,MAYOR REBECCA UNDERHILL HAROLD DOUCET,SR.MAYOR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: , SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. = CITY SECRETARY CAL J.JONES -r t r'l i u r. THOMAS J.KINLAW III Texas CITY TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK AGENDA City Council Regular Meeting July 30, 2019 8:30 a.m. In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. .M1111111 City Council Meeting City Hall Council Chamber City Of Port Arthur July 30, 2019 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tem Doucet, Sr. Councilmember Scott, Jr. Councilmember Jones Councilmember Kinlaw, III Councilmember Moses Councilmember Frank Interim City Manager Underhill City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) A Presentation By Omega TV And La Ley 87.7 FM Regarding The Upcoming Taco Festival 2019 In Downtown Port Arthur August 3 - 4, 2019 .(2) A Presentation By Staff Regarding The June 2019 Financial Report C. Employee Recognition — None D. Correspondence — None 1 V AGENDA JULY 30, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion (1) A Discussion Regarding Vacancies On The Beautification Commission (Requested By Councilmember ]ones) IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS (1) P.R. No. 20957 — A Resolution Appointing A Member And/Or Members To The Board Of Directors Of The Downtown Tax Increment Reinvestment Zone (TIRZ) #1 VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Travel Request — None B.' Expense Reports (B1) Mayor Thurman Bill Bartie: New Councilmember Orientation Round Rock, TX July 17 — 19, 2019 $757.06 2 e ; 4 y AGENDA JULY 30, 2019 VI. CONSENT AGENDA— CONTINUED C. Minutes May 21, 2019 Regular Meeting June 4, 2019 Regular Meeting June 11, 2019 Special Meeting June 17, 2019 Special Executive Meeting June 17, 2019 Regular Meeting July 2, 2019 Regular Meeting D. Resolutions (1) P.R. No. 20850 — A Resolution Authorizing The City Manager To Enter Into An Agreement With MCCI For The Imaging Of Certain Vital Records Now Being Stored For Safekeeping In The Amount Of $55,512.86 Through Texas BuyBoard Cooperative Purchasing Document Scanning Service Contract No 544-17. Account No. 307- 1601-591.92-00 (2) P.R. No. 20853 — A Resolution Authorizing The City Manager To Enter Into A One (1) Year Contract Between The City Of Port Arthur And Agape Cleaning Enterprises Service Of Houston, Texas For Janitorial Services At The Port Arthur Transit Facilities, In An Annual Not-To-Exceed Amount Of $27,600.00. Funds Available In Transit Account Number 401-1501-561.59-00 — Other Contractual Service (3) P.R. No. 20915 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And LD Construction Of Beaumont, Texas For The Reclamation And Road Resurfacing Projects For Marshall Avenue (10th Street South To Gulfway Drive North); 6th Street (Williams Ave. West To Duff Drive East); 42nd Street (9th Avenue West To Wentworth Avenue East); 3rd Avenue (32nd Street South To 36th Street); And 64th Street (Garnett Avenue West To W. Port Arthur Road East) Decreasing The Contract Amount By $131,624.17 To A New Contract Amount Of $424,311.33. Capital Projects-Streets Account No. 307-1601-591.86-00 3 C �• AGENDA JULY 30, 2019 VI. CONSENT AGENDA— CONTINUED (4) P.R. No. 20916 — A Resolution Requesting City Council To Authorize The Pre-Qualification Of Five (5) Engineering Firms: Arceneaux, Wilson & Cole LLC Of Port Arthur, Texas; Freese And Nichols Of Fort Worth, Texas; Lockwood, Andrews & Newman, Inc. Of Houston, Texas; Schaumburg & Polk Of Beaumont, Texas And Soutex Surveyors Of Port Arthur, Texas, For The Purpose Of Providing Professional Engineering Services For Utility Projects. This Pre-Qualification Will Be For A 2 Year Term (5) P.R. No. 20943 — A Resolution Ratifying Payments To United Rentals, Inc., Of Dallas, Texas For The Rental Of One 5 Yard Dump Truck, For A Total Amount Of $29,174.60. Funding Is Available In Account Number 410-1255-532.51-00, Rent (6) P.R. No. 20944 — A Resolution Ratifying And Approving Payments To United Rentals, Inc. Of Dallas, Texas For The Rental Of One Ford F-450 Flatbed Pickup Truck, For A Projected Amount Of $32,799.15. Funding Is Available In Account Number 410-1255- 532.51-00, Rent (7) P.R. No. 20945 — A Resolution Authorizing The City Manager To Enter Into A Contract With Arceneaux Wilson & Cole LLC Of Port Arthur, Texas, For The Design And Construction Phase Services For The Remediation And Mitigation Of All Lift Stations Damaged, In The Harvey Flood For A Contract Price Of $371,740.00; Funding Available In Account No. 405-1621-532.83-00, Utility Capital Projects (8) P.R. No. 20952 — A Resolution Authorizing The Purchase Of A Boom Mower With Under Guard Rail Mower Attachment From Alamo Industrial Of Seguin, Texas, For The Parks And Recreation Department Through Texas BuyBoard Cooperative Purchasing Contract Number 529-17, In The Amount Of $263,303.90; Funding Available Account Number 001.1207.531.92.00 4 a AGENDA JULY 30, 2019 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 20960 — A Resolution Authorizing The City Manager To Increase Blanket Purchase Order Number 217164 To An Amount Not To Exceed $37,500.00 For The Annual Inspection And Repair To Fire Department Bunker Gear Due To The Increase In The Number Of Repairs Not Anticipated In The Unit Cost; Funding Available In Fire Department Uniforms & Bunkers Account No. 001- 1121-522.26-00 (10) P.R. No. 20969 — A Resolution Amending Resolution No. 19-273 As It Pertains To The Contract Between The City Of Port Arthur And Classic Sports Of Spring, Texas For Replacing The Basketball Court At Barbara Jacket Park By Adding The Painting Of The Pavement In The Amount Of $6,500.00 To A New Contract Total Of $44,750.00; Funding Available In Account Number 147-2300-901.39-00, Project No. 082617 (11) P.R. No. 20971 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks Or/And Equipment Malfunction (12) P.R. No. 20973 — A Resolution Authorizing The City Manager To Accept The Contractor's Certificate Of Completion, The Contractor's Affidavit Of All Bills Paid, The Engineer's Certificate Of Completion, And The Contractor's Certificate Of Guarantee For The Reclamation And Road Resurfacing Projects For Marshall Avenue (10th Street South To Gulfway Drive North); 6th Street (Williams Ave. West To Duff Drive East); 42nd Street (9th Avenue West To Wentworth Avenue East); 3rd Avenue (32nd Street South To 36th Street); And 64th Street (Garnett Avenue West To W. Port Arthur Road East); And Release Of Retainage In The Amount Of $21,215.57. Funding Is Available In Capital Projects-Streets Account No. 307-0000- 205.00-00 5 AGENDA JULY 30, 2019 VI. CONSENT AGENDA— CONTINUED (13) P.R. No. 20975 — A Resolution Approving The Amendment Of The FY 2016 Contract Between The City Of Port Arthur And The Department Of Health And Human Services Primary Health Care Program, Increasing The Amount Not To Exceed To $326,900.00, Of Which $62,300.00 Is Allocated Toward The Contract Period September 1, 2019 Through August 31, 2020. No Cash Match Required (14) P.R. No. 20977 — A Resolution Amending The Authorized Representatives Included In The Investment Policies Of The City Of Port Arthur For The 2018-2019 Fiscal Year (15) P.R. No. 20981 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1105 5th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20919 — A Resolution Designating And Establishing The Taco Festival Entertainment Area For 2019, Designating Omega TV And Radio, LLC As Exclusive Concessionaire And Authorizing The City Manager To Execute Said Agreement (2) P.R. No. 20923 — A Resolution To Support A City Employee Picnic And Kickball Tournament With A Projected Budgetary Impact Of $5,500.00; Funds Are Available In 001-1003-512.59-00, PROJ# M16001 (3) P.R. No. 20924 — A Resolution Requesting That City Council Ratify City Manager's Decision For The Emergency Repairs To The 30" Sewer Main On West Port Arthur Road For Utilities Operations Department By Brystar Contracting, Inc., And Crabtree Barricade Systems, LLC With A Budgetary Impact Of $155,985.60, Account No. 410-1255-532.33-00, Sewer System Maintenance 6 AGENDA JULY 30, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 20962 — A Resolution Approving Change Order No. 2 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Dean Builders, Inc., Of Spring, Texas, For Construction Of Entry Monuments & Landscaping For The Jade Avenue Business Park Increasing The Contract Amount By $4,700.00 To A New Total Of $374,323.00, And Increasing The Contract Term By 120 Days To A New Term Of 383 Days; Funding Available In EDC Account No. 120-1429-582.86-00 (5) P.R. No. 20963 — A Resolution Approving Change Order No. 1 To The Contract Between The City Of Port Arthur.Section 4A Economic Development Corporation And Sitek Omni Services, LLC For Asbestos, Lead And Mold Abatement And Interior Demolition At The Former Port Arthur News Building Located At 549 4th Street, Port Arthur, Texas, Increasing The Contract Amount By $15,840.00 To A New Total Of $309,240.00 And Increasing The Contract Term By 4 Working Days To A New Term Of 44 Working Days; Funds Available In EDC Account No. 305-1606-591.82-00, Project No. EDC549 (6) P.R. No. 20966 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Frank) (7) P.R. No. 20970 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Baker Tilly Virchow Krause, LLP Of Addison, Texas, For Services Related To The Executive Search For The Position Of City Manager In The Amount Of $24,500.00; Funds Available In Account No. 001-1002-512.54-00 (8) P.R. No. 20980 — A Resolution Sponsoring The "Mayor Thurman "Bill" Bartie And City Council Port Arthur Youth Summit"To Be Held August 10, 2019 (Requested By Mayor Bartie) 7 1 a AGENDA JULY 30, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 6792 — An Ordinance By The City Of Port Arthur, Texas, Approving A Settlement Agreement Regarding The Statement Of Intent Of Texas Gas Service Company, A Division Of One Gas, Inc., To Increase Rates To Recover Hurricane Harvey Response Costs Within The Gulf Coast Service Area; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date VIII. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 — Litigation And/Or Legal Advice Section 551.072 — Land Section 551.073 — Negotiated Contracts For Prospective Gifts To The City Section 551.074 — Personnel Section 551.076 — Security Personnel Or Devices Section 551.087 — Deliberations Regarding Economic Development Incentives Closed Meeting: (1) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In The City's Downtown And West Side (2) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In The City's Industrial District/ET] s i AGENDA JULY 30, 2019 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (3) Section 551.087 Government Code — To Discuss Economic Development Incentives In The City's Industrial District/ETJ (4) Section 551.074 Government Code — To Discuss The Duties And . Responsibilities Of The City Manager *The Items In Executive Session May Be Discussed And Acted On In Open Session IX. ADJOURNMENT OF MEETING *************************************************** NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30 AM On July 31, 2019. During The Recess, No Action Will Be Taken On Any Item Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With The Open Meetings Law *************************************************** 9 4 RULES OF DECORUM - PERSONS ADDRESSING COUNCIL &AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speaking Procedure;Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the public and give his name and address in an audible tone of voice for the records,state that subject he wishes to discuss,state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council,shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Council, without the permission of the Presiding Officer. 3. Improper References, Disorderly Conduct By Person Addressing The Council; Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed.After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. S. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and/or discomfort to the public. S. Persons Having Complaints,Allegations, or Charges Against Individual City Employees: No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriat&administrative channels. ENFORCEMENT OF DECORUM Warning.All persons shall at the request of the Presiding Officer,be silent. Removal.If,after receiving a warning from the Presiding Officer,a person persists in disturbing the meeting,such Officer may order him to remove himself fron, the ineeting.If-he-does-not remove himself,the Presiding Officer may order the Sergeant-at-arms to remove him. Resisting Removal.Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce.Any Councilmember may move to require the Presiding Officer to enforce this division,and the affirmative vote of a majority of the Council shall require him to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Requesting To Be Heard On Agenda Items(1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2) Nonresidents.Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in the matter being considered.The City Secretary shall present such request-to the Presiding Officer for approval before placing the name on the Agenda. Specific Agenda Items: After a-motion, second and discussion by the City Council on any specific agenda item, and before a vote is taken,the Presiding Officer shall recognize any citizen in the audience wishing to address the council on such item,who shall be permitted to address the Council thereon for a period of three(3)minutes."Specific Agenda Items"are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.