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HomeMy WebLinkAbout01/16/2018 - REGULAR MEETING @ 8:30 A.M. 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, January 16, 2018 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 the January 16, 2018 �eetmg Agenda was posted this 4 ( day of 2018 in the City Hall Building Lobby Cnside/ou ide), Port Arthur, Texas at : _? P.M. y Moore Assistant City Secretary I certify that the attached notice and agenda was re� by me from the City Hall bulletin board Xinsi utside) on the day of , 2018. Title: /� . zQ �� DERRICK FORD FREEMAN,MAYOR Energy HARVEY ROBINSON CAL J.JONES,MAYOR PRO TEM City of Chy INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY THOMAS J.KINLAW,III ort r Ili u r HAROLD DOUCET,SR. VAL TIZENO WILLIE"BAE"LEWIS,JR. Texas CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AGENDA City Council Regular Meeting January 16, 2018 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. A City Council Meeting City Hall Council Chamber City Of Port Arthur January 16, 2018 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem Jones Councilmember Scott, Jr. Councilmember Kinlaw, III Councilmember Doucet, Sr. Councilmember Lewis, Jr. Councilmember Swati Councilmember Moses Councilmember Frank Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Jasmine Patin Regarding Miss Black & Gold Alpha Frat Inc. Sponsorship (2) Wade Price Sr., Regarding City Ordinance/Harvey (3) Andy Nguyen Regarding Reopening Of Port Arthur Civic Center i AGENDA JANUARY 16, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Councilmember Lewis On The Implementation Of The Deletion Of Position 5 & 6 Under Section 2 Of The Voting Rights Act And Written Opinion On The Negative Impact Of The Removal Of Position 6 For Citizens In Districts 2 & 3 (Requested By Councilmember Lewis) (2) December Monthly Financial Report C. Employee Recognition — None D. Correspondence — None E. Discussion (1) Discuss and Possibly Take Action on the Implementation of the Deletion of Position 5 & 6 Under Section 2 of the Voting Rights Act (Requested By Councilmember Lewis) (2) Discuss Status Of Valero Garden Project For The West Side (Requested By Councilmember Doucet) (3) Discussion Regarding Ethics (Requested By Councilmember Swati) IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS (1) P.R. No. 20051 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Construction Board Of Adjustments And Appeals (Requested By Mayor Pro Tem Jones) 2 AGENDA JANUARY 16, 2018 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. Resolutions (1) P.R. No. 19979 — A Resolution Authorizing The City Manager To Enter Into A Contract With Southern Tire Mart Of Beaumont, Texas, Through The Buyboard Cooperative Purchasing Program, Contract No. 470-14, For The Purchase Of Tires And Tubes, With A Projected Budgetary Impact Of $400,000; Funding Available In Departmental Account Numbers Delineated Within The Resolution (2) P.R. No. 20009 — A Resolution Authorizing The City Manager To Enter Into A Three-Year Contract With AT&T Corp Through Texas Department Of Information Resources (TXDIR) For The Provision Of Voice, Data And Internet Communications In The Annual Amount Of $105,196.20; Funding Available In Departmental Account Numbers: 001-1061-518.61-03 (Civic Center), 001-1101- 521.61-03 (Police), 001-1121-522.61-03 (Fire), 001-1201-531.61- 03 (Public Works Admin.), 001-1301-541.61-03 (Health), 001-1403- 551.61-03 (Library), And 410-1252-532.61-03 (Water Purification) i • A AGENDA JANUARY 16, 2018 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 20019 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Clifford Power Systems Of Houston, Texas, For The Preventative Maintenance And Repair Of All City Backup Generators With A Projected Budgetary Impact Amount Of $26,000.00 Funds Are Available In Utility Operations Department Account Numbers 410-1252-532.42-00 (Equipment Maintenance - $12,000.00) And 410-1256-532.42-00 (Equipment Maintenance - $14,000.00) (4) P.R. No. 20032 — A Resolution Authorizing The City Manager To Execute A Contract Between Texas Municipal League Intergovernmental Risk Pool - Turnkey Recovery Program To Rebuild Port Arthur Public Library (4615 9th Avenue) (5) P.R. No. 20033 — A Resolution Authorizing The City Manager To Execute A Contract Between Texas Municipal League Intergovernmental Risk Pool — Turnkey Recovery Program To Rebuild Robert A. "Bob" Bowers Civic Center (3401 Cultural Center Drive) (6) P. R. No. 20034 — A Resolution Authorizing The Purchase Of Two (2) 2018 Ford F-550, Regular Cab 4x2 Flush Trucks For The Utility Operations Department From Grande Truck Center Of San Antonio, Texas, For Replacement Due To Hurricane Harvey, In The Amount Of $106,484.00 Each For A Total Of $212,968.00. Funds Are Available In Utility Operations Equipment Account No. 147-2300- 901.92-00 (7) P.R. No. 20035 — A Resolution Supporting The Acceptance Of The Fiscal Year 2019 Texas Department Of Transportation Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $49,645.01, With A 23% In-Kind Match 4 • AGENDA JANUARY 16, 2018 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 20052 — A Resolution Authorizing The City Manager To Extend The Municipal Water Supply Contract With The Lower Neches Valley Authority (9) P.R. No. 20057 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $7,031.73 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Transit Vehicle #164 (10) P.R. No. 20060 — A Resolution Authorizing The Purchase Of One (1) 2018 Ram 1500 Regular Cab SWB Truck For The Water Utilities Department From Moore CDJR Of Silsbee, Texas In The Total Amount Of $17,951.00; Funds Are Available In Tropical Storm Harvey Equipment Account No. 147-2300-901.92-00, Equipment (11) P.R. No. 20061 — A Resolution Authorizing The Purchase Of Three (3) Ford F-250 R. C. Body Trucks For Water Utilities Department From Silsbee Ford Of Silsbee, Texas, In The Amount Of $29,314.84 Each For A Total Of $87,944.52. Funds Are Available In Tropical Storm Harvey Equipment Account No. 147-2300-901.92- 00, Equipment (12) P.R. No. 20062 — A Resolution Authorizing The Purchase Of One (1) 2018 Ram 3500 Service Bed Truck For Water Utilities Department From Moore CDJR Of Silsbee, Texas In The Total Amount Of $31,550.00. Funds Are Available In Tropical Storm Harvey Equipment Account No. 147-2300-901.92-00, Equipment (13) P.R. No. 20065 — A Resolution Authorizing The Purchase Of Two (2) Ford F-150 Crew Cab Trucks For The Water Utilities Department - Regulatory Service Division From Silsbee Ford Of Silsbee, Texas In The Amount Of $22,130.00 Each For A Total Of $44,260.00; Funds Are Available In Utility Operations Account No. 625-1801- 532.93-01, Motor Vehicles AGENDA JANUARY 16, 2018 VI. CONSENT AGENDA — CONTINUED (14) P.R. No. 20066 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1100 6t" Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (15) P.R. No. 20069 — A Resolution Designating And Establishing The Mardi Gras Entertainment Area For 2018, Designating Mardi Gras Of Southeast Texas, Inc. As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Mardi Gras Of Southeast Texas, Inc. (16) P.R. No. 20072 — A Resolution Authorizing The City Manager To Execute A Six Month Agreement Between Warren Claybar And Brandi Hinds Claybar, Landlords, And The City Of Port Arthur, For The Use Of The Facility Located At 7500 Hwy 87, Port Arthur, Texas, With A Projected Budgetary Impact Of $43,788; Charged To Account No. 001-1281-531.51-00 (Public Works Equipment Services Rent) (17) P.R. No. 20073 — A Resolution Authorizing The City Manager To Accept The FY 2018 Rifle Resistant Body Armor Grant In The Amount Of $97,500, With No Grant Match Required (18) P.R. No. 20076 — A Resolution Authorizing The Execution Of Major Pipeline Permits 17-02 And 17-03 From The City Of Port Arthur To G T Pipeline, LLC Of San Antonio, Texas For The Installation Of A Twenty Inch (20") Carbon Steel Pipeline And A Sixteen Inch (16") Carbon Steel Pipeline Within The City Limits Of Port Arthur, Texas (19) P.R. No. 20083 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Dr. Hani Tohme, P.E., As Interim Director Of Water Utilities To Provide Temporary Contract Services For The City's Water Utilities Department. Funding Available In Water Utilities Account No. 410-1251-532.11-00 6 AGENDA JANUARY 16, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20074 — A Resolution Authorizing The Execution Of Major Pipeline Permit 17-01 From The City Of Port Arthur To Florida Gas Transmission Company, L.L.C. Of Houston, Texas For The Installation Of A Sixteen Inch (16") Natural Gas Pipeline Within The City Limits Of Port Arthur, Texas (2) P.R. No. 20085 — A Resolution Confirming The Appointments Of Cal Rutherford, Mary Ann Reid, And Graciela Alvarez As Members Of The Civil Service Commission Of The City Of Port Arthur B. Ordinances — Non-Consent (1) P.O. No. 6668 — An Ordinance Adding To Chapter 14, Boards, Authorities, Commissions And Committees, Article XXIII - Port Arthur Electrical Advisory Board To The Code Of Ordinances Creating Said Board, Establishing Membership Criteria, Terms Of Office, And Delineating Duties Of Said Board (Requested By Councilmember Lewis) (2) P.O. No. 6669 — An Ordinance Amending Article III (Electrical Code) Of Chapter 18 (Buildings), Section 18-72 With Regard To The Definition Of One Or Two Family Dwelling Unit Electrician (Residential Wireman) Of The Code Of Ordinances Of The City Of Port Arthur; Providing A Penalty For Violations By Fine Not Exceeding Five Hundred Dollars, As Provided In Section 18-81 Of This Code Or As May Be Otherwise Imposed By State Law; Providing A Savings Clause; And Providing For Publication And An Effective Date Immediately After Publication. (Requested By Councilmember Lewis) (3) P.O. No. 6674 — An Ordinance Amending Ordinance Number 98-04, Which Established The Construction Board Of Adjustment And Appeals AGENDA JANUARY 16, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (4) P.O. No. 6675 — An Ordinance Amending Chapter 14, Article VII (Construction Board Of Adjustments And Appeals) Sections 14-211 (Created) And 14-212 (Membership) Of The Code Of Ordinances Of The City Of Port Arthur (5) P.O. No. 6676 — An Ordinance Amending Ordinance No. 17-49 As It Pertains To The Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Firefighters Local 397 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 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Zeo Gas) (Requested by Councilmember Lewis) (2) Section 551.071 Government Code — To Receive Legal Advice And Consultation With The City Attorney Regarding Environmental Issues s AGENDA JANUARY 16, 2018 VIII. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED (3) Section 551.072 Government Code — To Discuss The Value Of The Land As It Pertains To City Owned Property And Legal Issues Related To Easements And Right-Of-Ways (4) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Sempra Energy) (5) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation Regarding Civil Action No. 1:18CV-11, Olga Delacruz And Marco Delacruz, Individually And As Representative Of The Estate Of Manual Delacruz Vs. City Of Port Arthur, Port Arthur Police Department, Officer Lane Cherry, In His Official Capacity, Unknown Officers, The Medical Center Of Southeast Texas, L.P. D/B/A The Medical Center Of Southeast Texas, L.P. 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 January 17, 2018. 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 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. 5. 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. 8. 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. 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. 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, January 16, 2018 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 the January 16, 2018 Meeting Agenda was posted this � d of 2018 in the City Hall Building Lobby 4nside/ tside), Port Arthur, Texas at p.m. Ke y Moore Assistant City Secretary I certify that the attached notice and agenda was removed "e from the City Hall bulletin board (Insideoutside on the day of,� 2018. Title: t DERRICK FORD FREEMAN,MAYOR Eeerr HARVEY ROBINSON CAL J.JONES,MAYOR PRO TEM City of c'n' INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC CITY SECRETARY RAYMOND SCOTT,JR. ort rt It r[ THOMAS J.KINLAW,III ��- HAROLD DOUCET,SR. CITY ATTORNEY CITY WILLIE"BAE" LEWIS,JR. OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AGENDA City Council Regular Meeting January 16, 2018 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 January 16, 2018 8:30 A.M. PLEASE TURN OFF OR MUTE AL L MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem Jones Councilmember Scott, Jr. Councilmember Kinlaw, III Councilmember Doucet, Sr. Councilmember Lewis, Jr. Councilmember Swati Councilmember Moses Councilmember Frank Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Jasmine Patin Regarding Miss Black & Gold Alpha Frat Inc. Sponsorship (2) Wade Price Sr., Regarding City Ordinance/Harvey (3) Andy Nguyen Regarding Reopening Of Port Arthur Civic Center i AGENDA JANUARY 16, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Councilmember Lewis On The Implementation Of The Deletion Of Position 5 & 6 Under Section 2 Of The Voting Rights Act And Written Opinion On The Negative Impact Of The Removal Of Position 6 For Citizens In Districts 2 & 3 (Requested By Councilmember Lewis) (2) December Monthly Financial Report C. Employee Recognition — None D. Correspondence — None E. Discussion (1) Discuss and Possibly Take Action on the Implementation of the Deletion of Position 5 & 6 Under Section 2 of the Voting Rights Act (Requested By Councilmember Lewis) (2) Discuss Status Of Valero Garden Project For The West Side (Requested By Councilmember Doucet) (3) Discussion Regarding Ethics (Requested By Councilmember Swati) IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS (1) P.R. No. 20051 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Construction Board Of Adjustments And Appeals (Requested By Mayor Pro Tem Jones) 2 AGENDA JANUARY 16, 2018 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. Resolutions (1) P.R. No. 19979 — A Resolution Authorizing The City Manager To Enter Into A Contract With Southern Tire Mart Of Beaumont, Texas, Through The Buyboard Cooperative Purchasing Program, Contract No. 470-14, For The Purchase Of Tires And Tubes, With A Projected Budgetary Impact Of $400,000; Funding Available In Departmental Account Numbers Delineated Within The Resolution (2) P.R. No. 20009 — A Resolution Authorizing The City Manager To Enter Into A Three-Year Contract With AT&T Corp Through Texas Department Of Information Resources (TXDIR) For The Provision Of Voice, Data And Internet Communications In The Annual Amount Of $105,196.20; Funding Available In Departmental Account Numbers: 001-1061-518.61-03 (Civic Center), 001-1101- 521.61-03 (Police), 001-1121-522.61-03 (Fire), 001-1201-531.61- 03 (Public Works Admin.), 001-1301-541.61-03 (Health), 001-1403- 551.61-03 (Library), And 410-1252-532.61-03 (Water Purification) AGENDA JANUARY 16, 2018 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 20019 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Clifford Power Systems Of Houston, Texas, For The Preventative Maintenance And Repair Of All City Backup Generators With A Projected Budgetary Impact Amount Of $26,000.00 Funds Are Available In Utility Operations Department Account Numbers 410-1252-532.42-00 (Equipment Maintenance - $12,000.00) And 410-1256-532.42-00 (Equipment Maintenance - $14,000.00) (4) P.R. No. 20032 — A Resolution Authorizing The City Manager To Execute A Contract Between Texas Municipal League Intergovernmental Risk Pool - Turnkey Recovery Program To Rebuild Port Arthur Public Library (4615 9th Avenue) (5) P.R. No. 20033 — A Resolution Authorizing The City Manager To Execute A Contract Between Texas Municipal League Intergovernmental Risk Pool — Turnkey Recovery Program To Rebuild Robert A. "Bob" Bowers Civic Center (3401 Cultural Center Drive) (6) P. R. No. 20034 — A Resolution Authorizing The Purchase Of Two (2) 2018 Ford F-550, Regular Cab 4x2 Flush Trucks For The Utility Operations Department From Grande Truck Center Of San Antonio, Texas, For Replacement Due To Hurricane Harvey, In The Amount Of $106,484.00 Each For A Total Of $212,968.00. Funds Are Available In Utility Operations Equipment Account No. 147-2300- 901.92-00 (7) P.R. No. 20035 — A Resolution Supporting The Acceptance Of The Fiscal Year 2019 Texas Department Of Transportation Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $49,645.01, With A 23% In-Kind Match 4 AGENDA JANUARY 16, 2018 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 20052 — A Resolution Authorizing The City Manager To Extend The Municipal Water Supply Contract With The Lower Neches Valley Authority t (9) P.R. No. 20057 — A Resolution Authorizing The City Manager To E Execute Settlement Of A Physical Damage Claim In The Amount Of $7,031.73 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Transit Vehicle #164 (10) P.R. No. 20060 — A Resolution Authorizing The Purchase Of One (1) 2018 Ram 1500 Regular Cab SWB Truck For The Water Utilities Department From Moore CDJR Of Silsbee, Texas In The Total Amount Of $17,951.00; Funds Are Available In Tropical Storm Harvey Equipment Account No. 147-2300-901.92-00, Equipment (11) P.R. No. 20061 — A Resolution Authorizing The Purchase Of Three (3) Ford F-250 R. C. Body Trucks For Water Utilities Department From Silsbee Ford Of Silsbee, Texas, In The Amount Of $29,314.84 Each For A Total Of $87,944.52. Funds Are Available In Tropical Storm Harvey Equipment Account No. 147-2300-901.92- 00, Equipment (12) P.R. No. 20062 — A Resolution Authorizing The Purchase Of One (1) 2018 Ram 3500 Service Bed Truck For Water Utilities Department From Moore CDJR Of Silsbee, Texas In The Total Amount Of $31,550.00. Funds Are Available In Tropical Storm Harvey Equipment Account No. 147-2300-901.92-00, Equipment E (13) P.R. No. 20065 — A Resolution Authorizing The Purchase Of Two (2) Ford F-150 Crew Cab Trucks For The Water Utilities Department - Regulatory Service Division From Silsbee Ford Of Silsbee, Texas In The Amount Of $22,130.00 Each For A Total Of $44,260.00; Funds Are Available In Utility Operations Account No. 625-1801- 532.93-01, Motor Vehicles AGENDA JANUARY 16, 2018 VI. CONSENT AGENDA — CONTINUED (14) P.R. No. 20066 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1100 6th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (15) P.R. No. 20069 — A Resolution Designating And Establishing The Mardi Gras Entertainment Area For 2018, Designating Mardi Gras Of Southeast Texas, Inc. As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Mardi Gras Of Southeast Texas, Inc. (16) P.R. No. 20072 — A Resolution Authorizing The City Manager To Execute A Six Month Agreement Between Warren Claybar And Brandi Hinds Claybar, Landlords, And The City Of Port Arthur, For The Use Of The Facility Located At 7500 Hwy 87, Port Arthur, Texas, With A Projected Budgetary Impact Of $43,788; Charged To Account No. 001-1281-531.51-00 (Public Works Equipment Services Rent) (17) P.R. No. 20073 — A Resolution Authorizing The City Manager To Accept The FY 2018 Rifle Resistant Body Armor Grant In The Amount Of $97,500, With No Grant Match Required (18) P.R. No. 20076 — A Resolution Authorizing The Execution Of Major Pipeline Permits 17-02 And 17-03 From The City Of Port Arthur To G T Pipeline, LLC Of San Antonio, Texas For The Installation Of A Twenty Inch (20") Carbon Steel Pipeline And A Sixteen Inch (16") Carbon Steel Pipeline Within The City Limits Of Port Arthur, Texas (19) P.R. No. 20083 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The E City Of Port Arthur And Dr. Hani Tohme, P.E., As Interim Director Of Water Utilities To Provide Temporary Contract Services For The City's Water Utilities Department. Funding Available In Water Utilities Account No. 410-1251-532.11-00 i r 3 F i 6 1 A AGENDA JANUARY 16, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20074 — A Resolution Authorizing The Execution Of Major Pipeline Permit 17-01 From The City Of Port Arthur To Florida Gas Transmission Company, L.L.C. Of Houston, Texas For The Installation Of A Sixteen Inch (16") Natural Gas Pipeline Within The City Limits Of Port Arthur, Texas (2) P.R. No. 20085 — A Resolution Confirming The Appointments Of Cal Rutherford, Mary Ann Reid, And Graciela Alvarez As Members Of The Civil Service Commission Of The City Of Port Arthur B. Ordinances — Non-Consent (1) P.O. No. 6668 — An Ordinance Adding To Chapter 14, Boards, Authorities, Commissions And Committees, Article XXIII - Port Arthur Electrical Advisory Board To The Code Of Ordinances Creating Said Board, Establishing Membership Criteria, Terms Of Office, And Delineating Duties Of Said Board (Requested By Councilmember Lewis) (2) P.O. No. 6669 — An Ordinance Amending Article III (Electrical Code) Of Chapter 18 (Buildings), Section 18-72 With Regard To The Definition Of One Or Two Family Dwelling Unit Electrician (Residential Wireman) Of The Code Of Ordinances Of The City Of Port Arthur; Providing A Penalty For Violations By Fine Not Exceeding Five Hundred Dollars, As Provided In Section 18-81 Of This Code Or As May Be Otherwise Imposed By State Law; Providing A Savings Clause; And Providing For Publication And An Effective Date Immediately After Publication. (Requested By Councilmember Lewis) (3) P.O. No. 6674 — An Ordinance Amending Ordinance Number 98-04, Which Established The Construction Board Of Adjustment And Appeals AGENDA JANUARY 16, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (4) P.O. No. 6675 — An Ordinance Amending Chapter 14, Article VII (Construction Board Of Adjustments And Appeals) Sections 14-211 (Created) And 14-212 (Membership) Of The Code Of Ordinances Of The City Of Port Arthur (5) P.O. No. 6676 — An Ordinance Amending Ordinance No. 17-49 As It Pertains To The Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Firefighters Local 397 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 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Zeo Gas) (Requested by Councilmember Lewis) (2) Section 551.071 Government Code — To Receive Legal Advice And Consultation With The City Attorney Regarding Environmental Issues s M AGENDA JANUARY 16, 2018 VIII. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED (3) Section 551.072 Government Code — To Discuss The Value Of The Land As It Pertains To City Owned Property And Legal Issues Related To Easements And Right-Of-Ways (4) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Sempra Energy) (5) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation Regarding Civil Action No. 1:18CV-11, Olga Delacruz And Marco Delacruz, Individually And As Representative Of The Estate Of Manual Delacruz Vs. City Of Port Arthur, Port Arthur Police Department, Officer Lane Cherry, In His Official Capacity, Unknown Officers, The Medical Center Of Southeast Texas, L.P. D/B/A The Medical Center Of Southeast Texas, L.P. 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 January 17, 2018. 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 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. 8. Persons Having Comp/aims, A/legations, or Charges Against Individual City Emp/oyee� 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. 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.