HomeMy WebLinkAbout09.23.09 REGULARDELORIS "BOBBIE" PRINCE, MAYOR
JACK CHATMAN, JR., MAYOR PRO-TEM
COIJNCIL MEMBERS:
ELIZABETH "LIZ" SEGLER
MORRIS ALBRIGHT, III
MARTIN FLOOD
JOHN BEARD, JR.
ROBERT E. WILLIAMSON
D. KAY WISE
THOMAS J. HENDERSON
C'ily Of
ort Qrth r
,1
Texas
AGENDA
CITY COIINCIL
RSGIILAR MSBTING
CITY OF PORT ARTHIIR
CITY HALL COIINCIL CHAMBERS*
SBPTSMBTR 23, 2008
5:30 P.M.
STEPHEN FITZGIBBONS
CITY MANAGER
TERRIHANKS
ACTING CITY SECRETARY
MARK T. SOKOLOW
CITY ATTORNEY
In compliance with the American with Disabilities Act, the
City of Port Arthur will provide for reasonable accommod.ation.s
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.
*If the City Council Chambers are not available due to lack of
electricity,~the City Council will meet at the Holiday Inn (lst
Floor) 2929 Jimmy Johnson Boulevard, Port Arthur, Texas.
P.0. BOX 1089 • PORT ARTHUR, TEXAS 77641-1089 • 409/983-8115 • FAX 409/983-8291
Regular City Council Meeting
City Hall Council Chambers*
City of Port Arthur
September 23, 2008
5:30 P.M.
PLEASE TURN OFF OR MUTE ALL CELL PHONES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Prince _
Mayor Pro Tem Chatman _
Councilmember Segler _
Councilmember Albright _
Councilmember Flood _
Councilmember Beard _
Councilmember Williamson _
Councilmember Wise _
Councilmember Henderson _
City Manager Fitzgibbons _
Acting City Secretary Hanks _
City Attoraey Sokolow _
Sergeaat At Arms:
Police Chief Blanton
Or Designee
II. PROCLAMATIONS & MINIITES
Proclamations
Minutes
September 15, 2008 Emergency Meeting
III. PETITIONS & CONII~IUNICATIONS
A. Speakers
None
B. Presentations
None
C. Correspondence
agenda_memo2
IV. Public Hearings
None
y. Unfinished Business
The following item of business was held from the previous
meeting at which no action was taken on these items:
None
VI. CONSENT AGENDA
NOTICE TO THE PUBLIC: The following items are of a :routine
or administrative nature. The Council has been furnished wii~h
background and support material on each item, and/or it has
been discussed at a previous meeting. All items will be actesd
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item or items will immediately be withdrawn for individual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.
Expense Report
Mayor Deloris "Bobbie" Prince
Travel during Hurricane Ike
532 miles
RESOLIITIONS-CONSENT
$308. !56
(1) P. R. No. 14862 - A Resolution authorizing the
execution of an agreement to share operating expenses of Ro:~e
Hill between the City of Port Arthur and the Federated iNomen's
Club of Port Arthur for the 2007-2008 Fiscal Year, in an
amount not to exceed $12,000, Account #140-1405-551,.59.00,
M97908
(2) P. R. No. 14900 - A Resolution pertaining i~o
Germer Gertz, L.L.P. acting as legal counsel for the (~ity of
Port Arthur Section 4A Economic Development Corporation
(3) P. R. No. 14916 - A Resolution rescinding Res~~lution
No. 07-504 in its entirety and accepting a water iztilii~y
easement from LRG Legacy Senior Housing of Port Arthur, LP for
the construction, installation, laying, and maintenance of
water utilities in the City of Port Arthur
(4) P. R. No. 14925 - A Resolution requesting F'EMA i~o
continue to assist the evacuees and eligible citizens with
evacuation costs
.agenda_memo2
vII. ITEMS REQUIRING INDIVIDUAL ACTION-NON-CONSET(T
A. Ordinances
(1) P. O. No. 5927 - An Ordinance as it pertains to the
suspension of Entergy rates
(2) P. O. No. 5905 - An Ordinance adopting a tax
rate for the Tax Year 2008 (Fiscal Year October 1, 2008-
September 30, 2009).
(3) P. O. No. 5906 - An Ordinance approving the 2008
Tax Roll for the Use and Support of the Municipal Government
of the City of Port Arthur; and providing for the interest and
sinking fund and apportioning each levy for a specific purpose
(4) P. O. No. 5930 - An Appropriations Ordinance
amending the Budget for the Fiscal Year beginning October :l,
2007 and ending September 30, 2008 to fund increased heali~h
insurance costs
(5) P. O. No. 5941 - An Ordinance providing for Holiday
Pay for the fiscal year 2008/2009 (Requested by Mayor :Prince)
(6) P. O. No. 5942 - An Ordinance amending Sections 116-
33, 58-122, 110-94, and 110-97 as it pertains to permit
schedule, turn-on charge, location of recreational vellicle:~,
and adjustment of water bills as a result of Hurricane IkE~,
and providing an effective date
(7) P. O. No. 5943 - An Ordinance as it pertains i~o
facilitating electrical hookups
(8 ) P . 0 . No . 5945 - An Ordinance as it pertains to c<~r
allowances
VIII. REPORTS OF BOARDS & COMMITTEES
1. Report as to Hurricane Ike
2. Report on damages to city infrastructure and the
prospective timetable to restore the infrastructure
and provide full services
3. Report on FEMA and insurance reimbursements for
damages caused by Hurricane Ike
IX. *CLOSED MEETING (EXECUTIVE SESSION
In order to Comply with the requirements of Section 551.101 of
Chapter 551 (Open Meetings Law) of the Texas Governme~zt Code
(formerly Article 6252-17 Section 2(a)), prior to goi~zg inlto
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closed meeting the presiding officer of the city shou7Ld 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 Negotiating contracts for prospective gifts to
the City
Section 551.074 Personnel
Section 551.076 Security Personnel or Devices
Section 551.087 Deliberations regarding Economic Deve:Lopment
Incentives
Closed Meeting:
Section 551.087 Government Code - To discuss incentives
for commercial,
residential, and
industrial business
prospects
Section 551.072 Government Code - To discuss the value
of land in the City's
ETJ
Section 551.072 Government Code - To discuss the value
of land at 648 4th
Street
* The items in executive session may be discussed and acted
on in open session.
X. FUTURE AGENDA ITEMS OR REQUESTING REPORTS
Items for future agenda consideration or reports from
staff may be requested but no discussion of any item or
request shall take place.
XI. ADJOURNMENT OF MEETING
This agenda was posted at City Hall on September 19, 2008 at
~~
* If the City Council Chambers are no available due to
lack of electricity, the City Council will meet at the Holiday
Inn, (ist Floor) 2929 Jimmy Johnson Boulevard, Port ArthLir,
Texas.
agenda_memo2
RULES OF DECORUM -PERSONS ADDRESSINf COUNCIL & AUDIENCE MEMBERS
1. Recogn/tion by Presiding Office: No person shall`addtess the Coundi without first being rewgnized by the
Presiding Officer..
2. Speaidng 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 fire (y7 minutes. All remarks shall be addressed to the Coundl as a whole and t~~ot to any member
thereof. No person other than members of the Coundl and the person having. the floor shall be.
Enter into any discussion, whether directl .or throe h a member of the Coundl without the permitted ~
Presiding Officer. - ~ y g . , permission of the
3. .. Improper Refierencr~ D/sorderly Conduct By Person Address/ng The Counaif An .
impliedly, personal, impertinent, slanderous de ' y ~reOn mafd°g~ ~~~Y or
• willfully utters loud, threatening or abusive~langt~iage, or eng es, in anyidisordepromne~,remarics or who
impede, disrupt, or disturb the ordeNy condud; the order r'h/ conduct which would
continues, may, at the discretion of the presiding Officer, be ordered barredif om~further a d epee befo edtl~e
Coundl during that Meeting. .
4. Acldre~ses AflSer Motion Made or Pub/ic Hearing CJc~ed. After a motion has been made or a public hearing has
been dosed, no member of the public shall address the Coundi from ffie audience on the matter under
consideration without first seurring permission to do so by'majorlty vote of the qty Coundl.
S. Campaign Speeches prohibited, No persons will be allowed to address the City Coundl
speeches for or against any candidate who has announced ar does announce his inten~o fio~run, om issue
already ordered on a ballot for election.
6. DisoMer/y Conduct. No person in the audience shall engage in disorderly conduct such ;as hand da rn
. stamping of feet;, whistling, using profane language, yelling, and similar demonstrations, which conduct
disturbs the peace and good order of the meeting.
7. Umrtations on Use of Supp/emrnta/ Vyht~ing. Umitations on use of supplemental lighting for television and
motion picture cameras to create the least amount of interference with or disturbance of Coundl proceedings
and/or discomfort to the public.
$• Persons Having Comp/aims, A//egations, or Charges Against Indfvidua/ 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.
Remove/. If, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such
Officer may order film to remove himself from the meeting. If he does not remove himself, the Presiding Officer may
order the Sergeant-at0arms to remove him.
. Resisting Removal, Any Person who resists removal by tare Sergearrt_at-arms shall be charged with vi,~lating V.T.C.A,
Penal Code 42.05.
Modoes To Enforas Any Coundimember may move to require the Presiding Officer to enforce this division, and the
affirmative vote of a majority of the Coundl shall require him to do so.
RULES OF PROCEDURE
The City Secretary shall make pubii~ in accordance with the Texas Open Meetings Law, an agenda containing all
business to be discussed at a meeting of the City Coundl.
persons Reauesdnc To Be f,-eard ea ,~ge„da rt~e~„s (1) Residents. Any resident who wishes to addrE~s 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 spedfy his interest in
the matter being ~nsidered. Tire City Secretary shall present such request to the Presiding Officer.for approval before
pladng the name on the Agenda.
Svedfic Aaenda i ~+~ gfter a motion, second and discussion by the City Council on any spedfic agenda Item, and
before a vote is taken, the Presiding Officer shall recognize any dozen in the audience wishing to aiddress~the council
on such item, who shall be permitted to address the Coundl thereon for a period of three (3) minutes. S
Items" are defined as any item specified on the Notice of Meetin " pedfic Agenda
and which becomes the subject of a motion before the Coundl. g posted for purposes of the Texas Open Meetings Law
EMERGENCY ADDENDUM
TO THE CITY COUNCIL MEETING
FOR 5:30 P.M.
SEPTEMBER 23, 2008
FOURTH FLOOR
CITY HALL
AGENDA
The following Resolution is being added to the
Agenda for the 5:30 p. m., September 23, 2008,
Council Meeting. An emergency has arisen that
requires immediate action, and per Section 551.045
of the Government Code and due to Hurricane Ike and
the damages incurred, there is an urgent need to
proceed with debris removal to protect the life and
property of the inhabitants, the following item is
being added:
P. R. No. 14918 - A Resolution as it pertains
to emergency debris removal
caused by Hurricane Ike and
the right of entry program
This Emergency Addendum was authorized by the
Mayor and by the City Manager.
L
BY : /~-~-ci
Deloris "Bobbie" Prince,
Mayor
By : _
' Stephen Fitzgibbons,
City Manager
The, Emergency Addendum was posted at City Hall
at ~_~ p. m. on September 3 2008.
z.emergency addendum