HomeMy WebLinkAboutAUGUST 26, 2008 REGULARREGULAR MEETING -August 26, 2008
I. INVOCATION, PLEDGE & ROLL CAILL
Councilmember Henderson gave the invocation followed with the pledge to the Flag.
The City Council of the City of Port Arthur rrret in Regular Session on Tuesday, August
26, 2008 at 5:44 p.m. in the City Council Chamber, City Hall, with the following
members present: Mayor Deloris ~~Bobbie" Prince; Mayor Pro Tem Jack Chatrnan, Jr.;
Councilmembers Elizabeth 'Liz" Segler, Martin Flood, John Beard, Jr., Dawana K. Wise
and Thomas J. ~~Tom" Henderson; Acting City Secretary Terri Hanks, City Attorney Mark
T. Sokolow and Sergeant At Arms Police ChieF Mark Blanton.
Councilmember Robert "Bob" Williamson and Councilmember Morris Albright, III were
absent from the Regular Meeting.
II. PROCLAMATIONS & MINUTES
Proclamations
Prostate Awareness Month
Julie Rogers "Gift of Life" Program Representative Norma Sampson, 2390 Dowlen Road,
Beaumont, Texas, appeared before the City Council to accept the above-mentioned
proclamation and distributed information on free prostrate screening, Saturday,
September 6, 2008 at Lamar State College's Carl Parker Center.
Mayor Pro Tem Chatman left the Council Chamber.
Minutes
February 19, 2008 -Special Meeting
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and
carried over the dissenting vote of CouncilmE~mber Beard, the City Council approved the
above-mentioned minutes.
February 21, 2008 -Special Emergency Meeting
Upon the motion of Councilmember Henderson, seconded by Councilmember ~JVise and
carried over the dissenting vote of Councilmember Beard, the City Council approved the
above-mentioned minutes.
February 26, 2008 -Regular Meeting
Upon the motion of Councilmember Henderson, seconded by Councilmember 'Wise and
carried over the dissenting vote of Councilmember Beard, the City Council approved the
above-mentioned minutes.
July 9, 2008 -City Council Retreat
Upon the motion of Councilmember Wise, seconded by Councilmember HendE~rson and
unanimously carried, the City Council approved the above-mentioned minutes.
August 12, 2008 -Regular Meeting
Upon the motion of Councilmember Henderson, seconded by Councilmember Wise and
unanimously carried, the City Council approved the above-mentioned minutes.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
A. Resolutions
(4) P. R. No. 14873 - A Resolution Approving The Purchase Of
Approximately 7.291 Acres Of Land Off Hwy 73 In The Ciiy
Of Port Arthur By The City Of Port Arthur Section 4A
Economic Development Ca~rporation From The Salvatia~n
Army
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion by Councilmember Henderson, seconded by Councilmember ~Nise and
unanimously carried, Proposed Resolution Noy. 14873 was adopted becoming Resolution
No. 08-350.
Voting Yes: Mayor Prince; Councilmembers Segler, Flood, Beard, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 08-350 reads ass follows:
RESOLUTION NO. 08-350
A RESOLUTION APPROVING THE PURCHASE OF
APPROXIMATELY 7.291 ACRES OF LAND OFF
HWY 73 IN THE CITY OF PORT ARTHUR BY THE
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
FROM THE SALVATION ARMY
Mayor Pro Tem Chatman returned to the Couincil Chamber.
(8) P. R. No. 14887 - A Resolution As It Pertains To The Sale Of
Approximately 40,000 Square Feet Of Land To Able
Fastener, Inc. By The City Of Port Arthur Section 41A
Economic Development Corporation For $110,000
The Mayor introduced the above-mentioned (Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Wise that Proposed Resolution No. 14887 be adopted with the following amendlments as
stated by the City Attorney:
Section 2. That the City Council approved the purchase
agreement in substantially the same form as attached, with Exhibit 'A"
being a 40, 000 square foot tract to be described by Arceneaux & Gates
adjacent to a 60 foot in width street and the properly being p/acted. The
Genera/ Warranty Deed will be in as form to be approved by the City
Attorney and by Guy Goodson.
Proposed Resolution No. 14887 was unanimously adopted as amended by the City
Attorney, becoming Resolution No. 08-351.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 08-351 reads .as follows:
City Council Minutes
Regular Meeting -August 26, 2008 2
RESOLUTION NO. 08-351
A RESOLUTION AS IT' PERTAINS TO THE SALE
OF APPROXIMATELY 40,000 SQUARE FEET OF
LAND TO ABLE FASTENER, INC. BY THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION FOR $110,000
(7) P. R. No. 14883 - A Resolution Approving An Economic
Incentive Agreement BetwE;en ENGlobal Systems, Inc. And
The City Of Port Arthur Section 4A Economic Development
Corporation, Lease With Option To Purchase And Lease,
Lease Guaranty And Approval Of The Issuance Of Sales Taix
Revenue Bonds Not To Exceed $6,000,000, As Well ~-s
Engaging The Services Per The Agreement With Vinson &
Elkins As Bond Counsel And Per The Financial Advisoiry
Agreement With The First Southwest Company
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Counciilmember
Beard that Proposed Resolution No. 14883 was adopted with the following amE~ndments
as stated by the City Attorney:
Section 8. That the final version of the Agreement, with
the exhibits, is to be submitted to the City Council for appro val.
Proposed Resolution No. 14883 was unanimously adopted as amended by the City
Attorney, becoming Resolution No. 08-352.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segle:r, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 08-352 reads as follows:
RESOLUTION NO. 08-352
A RESOLUTION APPROVING AN ECONOMIC
INCENTIVE AGREEMENT BETWEEN ENGLOBAL
SYSTEMS, INC. AND THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPPORATION, LEASE WITH
OPTION TO PURCHASE AND LEASE, LEASE
GUARANTY AND APPROVAL OF THE ISSUANCE
OF SALES TAX REVENUE BONDS NOT TO
EXCEED $6,000,000, AS WELL AS ENGAGING
THE SERVICES PER THE AGREEMENT WITH
VINSON & ELKINS AS BOND COUNSEL AND PER
THE FINANCIAL ADVISORY AGREEMENT WITH
THE FIRST SOUTHWEST COMPANY
III. PETITIONS & COMMUNICATIONS
A. Sneakers -None
B. Presentations
Presentation By Convention & Visitors Bureau Regarding
Branding
City Council Minutes
Regular Meeting -August 26, 2008 3
Port Arthur Convention and Visitors Bureau Executive Director Tammy Kotzur appeared
before the City Council to present the branding campaign slogan "Port Arthur Vldhere Oil
and Water Do Mix. Beautifully."
C. Correspondence -None
Councilmember Beard left the Council Chamber.
V. UNFINISHED BUSINESS
P. R. No. 14869 - A Resolution Approving An Industrial
District Agreement With Prerricor Refining Group For The
COEX Expansion Project, Gasification Project And The
Existing Premcor (Valero) Uniis (2008-2019)
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion by Mayor Pro Tem Chatman, seconded by Councilmember Flood and
unanimously carried, Proposed Resolution No. 14869 was tabled.
Proposed Resolution No. 14869 was tabled.
VI. CONSENT AGENDA
Upon the motion by Councilmember Wise, sE~conded by Councilmember Henderson and
unanimously carried, the following Consent Agenda items were adopted with the
exception of Item D:
A. Consideration And Approval Of Awarding A Bid To O'Rei4/y
Automotive, Port Arthur, lx In The Estimated Amount Of
$13,681 To Supply Batteries For The City's Rolling
Equipment
B. Consideration And Appra~val Of Payment To Kin/och
EquipmentAnd Supp/y, f/ouston, TX In The Amount iDf
$8,085.08 For Repairs To A 1993 Elgin Street Sweeper
(Equipment #963) For 1'he Public Works Department
(Drainage Division)
C. Consideration And Approval Of Payment To Kin/och
EquipmentAnd Supp/y, Houston, TX In The Amount ~Of
$5,722.99 For Repairs To A 2003 Sterling Whirlwind
Street Sweeper (Equipment #1481) For The Public Works
Department (Drainage Division)
E. Expense Report
Mayor Deloris "Bobbie" Prince:
Attended TML Meeting,
Austin, TX
August 14-16, 2008 $ 764.38
Councilmember Elizabeth Segler:
Attended TML Newly ElectE,d Officials Orientation
Austin, TX
August 7-9, 2008 $ 933.8'7
City Attorney Mark T. Sokolow:
Attended SureTec/Pick Two Meeting,
Houston, TX
August 13, 2008 $ 122.93
City Council Minutes
Regular Meeting -August 26, 2008 4
Attended Bankruptcy Court/'].D. Manufacturing,
Houston, TX
August 15, 2008 $ 74.60
Resolutions -Consent
(1) P. R. No. 14857 - A Resolution Extending The Performance
Period Of Les Enfants CentrE:, Inc. Community Development
Block Grant Contract From ]uly 16, 2008 To September 30,
2008, Or Until Such Funds Are Exhausted Whichever
Comes Sooner, Unless Ternninated As Otherwise Provided
In The Contract
Proposed Resolution No. 14857 was adopted becoming Resolution No. 08-353.
(2) P. R. No. 14878 - A Resolution Authorizing First Southwe<,~t
Company To Provide Pirofessional Services Related T'o
The City Of Port Arthur's Unfunded Actuarial Accrued
Liabilities, With The Texas Municipal Retirement Systern
(TMRS) In An Amount Not To Exceed $24,500
Proposed Resolution No. 14878 was adopted becoming Resolution No. 08-354.
(3) P. R. No. 14879 - A Resolution Authorizing The City
Manager To Enter Into A Letter Agreement For
$14,410 With Lamar University For The Taping Of
Governmental Meetings
Proposed Resolution No. 14879 was adopted becoming Resolution No. 08-355.
(4) P. R. No. 14880 - A Resolution Authorizing The City
Manager To Pay Quarterly Fees For Landfill Disposal T'o
The Texas Commission On Environmental Quality (TCEQ)
For The Remainder Of Fiscall Year 2008 And The Entirely
Of Fiscal Year 2009 For An Estimated Amount Of $310,OOID.
Funding To Be Available In Account No. 403-1274-533.59-
01
Proposed Resolution No. 14880 was adopted becoming Resolution No. 08-356.
(5) P. R. No. 14890 - A Resoluition Authorizing The Executia~n
Of A Contract In The Amount Of $891,582.00 For AMR
Meter Installation/Replacernent, Between The City Of
Port Arthur And U. S. Bronco Services Inc., Of Fairfield,
Ohio, Account No. 301-1601-591.59-00, Project No. GO-
802
Proposed Resolution No. 14890 was adopted becoming Resolution No. 08-357.
Councilmember Beard returned to the Council Chamber.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
Consent Item
D. Consideration And Approval Of Awarding A Bid To Qua/ty
Crete Construction, Beaumont, TX In The Amount Of
$40,600 For The Construction Of Sidewalks And Handicap
Ramps Along Procter Street:
The Mayor introduced the above-mentioned :[tem.
City Council Minutes
Regular Meeting -August 26, 2008 5
The motion was made by Councilmember Wise and seconded by Councilmember Flood
that Item D be adopted.
Assistant Public Works Director and City Engineer Ross Blackketter appeared before the
City Council to address inquiries regarding they above-mentioned item.
Item D was unanimously approved.
A. Resolutions
(2) P. R. NO. 14861 - A Resolution Setting Public Hearings As
To Review The Service Plans For The Annexation Of The
Properties And To Receive (Comments From The Public Oin
The Proposed Annexations
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion by Councilmember Henderson, seconded by Mayor Pro Tem Chatman
and unanimously carried, Proposed Resolution No. 14861 was adopted becoming
Resolution No. 08-358.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman, Councilmembers Segler~, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 08-358 reads as follows:
RESOLUTION NO. 08-358
A RESOLUTION SETTING PUBLIC HEARINGS AS
TO REVIEW THE SERVICE PLANS FOR THE
ANNEXATION OF THE PROPERTIES AND TO
RECEIVE COMMENTS FROM THE PUBLIC ON
THE PROPOSED ANNE)CATIONS
(3) P. R. No. 14872 - A Resolution Approving The
Reimbursement By The City Of Port Arthur Section 4.A
Economic Development Corporation To Biomedical Waste
Solutions For Electrical Service Extension Costs In The Port
Arthur Business Park In An Amount Not To Exceed $7,000
The Mayor introduced the above-mentioned F~roposed Resolution.
Upon the motion by Councilmember Henderson, seconded by Mayor Pro Tem Chatman
and unanimously carried, Proposed Resolution No. 14872 was adopted becoming
Resolution No. 08-359.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman, Councilmembers Segler, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 08-359 reads as follows:
RESOLUTION NO. 08-359
A RESOLUTION APPROVING THE
REIMBURSEMENT BY THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION TO
BIOMEDICAL WASTE SOLUTIONS FOR
ELECTRICAL SERVICE EXTENSION COSTS IN
City Council Minutes
Regular Meeting -August 26, 2008 6
THE PORT ARTHUR BUSINESS PARK IN AN
AMOUNT NOT TO EXCEED $7,000
(5) P. R. No. 14877 - A Resolution Authorizing An Oil & Gas
Division Order With Square Mile Energy, L.L.C.
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion by Councilmember Wise, seconded by Councilmember Henderson and
unanimously carried, Proposed Resolution No. 14877 was adopted becoming Rf:solution
No. 08-360.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler-, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 08-360 reads a;s follows:
RESOLUTION NO. 08-360
A RESOLUTION AUTHORIZING AN OIL & GAS
DIVISION ORDER WITH SQUARE MILE
ENERGY, L.L.C.
(6) P. R. No. 14882 - A Resolution Approving Change Orders
No. 1 And No. 2 Of The Contract Between Excavators ~&
Constructors And The City Of Port Arthur Section 4A
Economic Development Corporation, Ltd For Construction
Of lade Avenue
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Beard and seconded by Councilmember
Henderson that Proposed Resolution No. 14882 be adopted.
EDC Board President Keith Daws appeared before the City Council address inquiries
related to proposed change orders and tree Texas Department of Transportation's
construction requirements.
Proposed Resolution No. 14882 was adopted becoming Resolution No. 08-361.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segleir, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 08-361 reads as follows:
RESOLUTION NO. 08-361
A RESOLUTION APPR'.OVING CHANGE ORDERS
NO. 1 AND NO. 2 OF 'THE CONTRACT BETWEEN
EXCAVATORS & CONSTRUCTORS AND THE CITY
OF PORT ARTHUR ;SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION, LTD FOR
CONSTRUCTION OF JADE AVENUE
(9) P. R. No. 14889 - A Resolution Authorizing The City
Manager To Execute An Interlocal Agreement Between TFre
City Of Port Arthur And City Of Port Neches, As To Accept A
Frequency Reconfiguration Agreement With Nextel Of
Texas, Inc.
City Council Minutes
Regular Meeting -August 26, 2008 7
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion by Councilmember Henderson, seconded by Councilmember Wise and
unanimously carried, Proposed Resolution No. 14889 was adopted becoming Resolution
No. 08-362.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler~, Flood,
Beard, Wise and Henderson.
Voting No: None
The caption of Resolution No. 08-362 reads as follows:
RESOLUTION NO. 08-362
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF PORT
ARTHUR AND CITY CIF PORT NECHES, AS TO
ACCEPT A FREQUENCY RECONFIGURATION
AGREEMENT WITH NEXTEL OF TEXAS, INC.
(10) P. R. No. 14891 - A Resolution As It Pertains To Pick Two
And SureTec
The Mayor introduced the above-mentioned Proposed Resolution.
The City Attorney stated for the record the following amendment:
As to the terms of the settlement, the settlerent agreement will only be with SureTec
for $100,000 and that the City will file a lawsuit against Pick Two.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Flood,
Beard, Wise and Henderson.
Voting No: None
The caption of Resolution No. 08-363 reads ass follows:
RESOLUTION NO. 08-363
A RESOLUTION AS IT' PERTAINS TO PICK TWO
AND SURETEC
(11) P. R. No. 14893 - A Resoluition As It Pertains To The Pairk
Plaza Area
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Wise and seconded by Councilmemt~er Beard
that Proposed Resolution No. 14893 be adopted.
Upon the motion of Councilmember Wise, seconded by Councilmember Beard; and
carried over the dissenting votes of Mayor Prince and Councilmember Henderson,
Proposed Resolution No. 14893 was tabled until after the Executive Session.
Proposed Resolution No. 14893 was tabled until after the Executive Session.
(12) P. R. No. 14894 - A (Resolution Appointing And/IDr
Reappointing A Member Or' Members To The Beautification
Commission
City Council Minutes
Regular Meeting -August 26, 2008 8
The Mayor introduced the above-mentioned F~roposed Resolution.
The motion was made by Councilmember HE~nderson and seconded by Councilmember
Wise that Proposed Resolution No. 14894 be adopted.
The City Council nominated the appointments to the Beautification Commission:
Councilmember Segler District 2
Councilmember Flood District 4
Councilmember Beard District 5
Councilmember Henderson Position 8
Mayor Prince
Mrs. Annie McNair
IMr. Levi Adams
IMrs. Sharon Adams
Mrs. Tasha Scypion-Bobb
IMrs. Marie Humphries
IMrs. Anna Francis
Beautification Commission President Aletha k;irkwood appeared before the City Council
to introduce Mrs. Tahsa Scypion-Bobb and Nlrs. Marie Humphries who were present at
the meeting.
Proposed Resolution No. 14894 was adopted becoming Resolution No. 08-364.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 08-364 reads as follows:
RESOLUTION NO. 08-364
A RESOLUTION APPOINTING AND/OR
REAPPOINTING A MEMBER OR MEMBERS TO
THE BEAUTIFICATION COMMISSION
(13) P. R. No. 14896 - A Resolution Approving A Signage
Change Request For Capital One
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember ~Nise and
unanimously carried, Proposed Resolution No. 14896 was adopted becoming Resolution
No. 08-365.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 08-365 reads ass follows:
RESOLUTION NO. 08-365
A RESOLUTION APPROVING A SIGNAGE
CHANGE REQUEST FOR CAPITAL ONE
The City Council recessed their meeting at 6:54 p.m. and reconvened their Regular
Meeting at 7:04 p.m. with the following mE~mbers present: Mayor Prince; Mayor Pro
Tem Chatman; Councilmembers Segler, BE~ard, Wise and Henderson; City Manager
Fitzgibbons; Acting City Secretary Hanks; Ci1.y Attorney Sokolow and Sergeant At Arms
Chief Blanton.
City Council Minutes
Regular Meeting -August 26, 2008 9
IV. PUBLIC HEARINGS - 7:00 PM
(1) To Consider Proposed Assessments For The Cost Of
Extending The Sewer Line Approximately 1990 Feet
Along 9t" Avenue From The Vicinity Of 67t" Street Toward
60t" Street, Which The City Council Deems To Be
Necessary And In Public Interest
The Mayor introduced the above-mentioned Public Hearing at 7:05 p.m.
Councilmember Flood joined the Regular Meeting
Utility Operations Director Kelly Eldridge appeared before the City Council to conduct an
overview of the proposed assessments as shown in Exhibit'~A" of the Meeting Minutes.
The Mayor requested to hear from anyone present in the audience who wiished to
speak regarding the above-mentioned item.
No one appeared before the City Council to address the Public Hearing.
Upon the motion of Councilmember Wise, seconded by Councilmember Henderson and
carried unanimously, the City Council closed the Public Hearing at 7:14 p.m.
(2) To Consider The Budget Fair The City Of Port Arthur And
The Port Arthur Section 4A Economic Development
Corporation For The Fiscal Year Beginning October 1, 2008
And Ending September 30, 2009
The Mayor introduced the above-mentioned F~ublic Hearing at 7:15 p.m.
Finance Director Rebecca Underhill appeared before the City Council to conduct an
overview of the proposed EDC budget.
The Mayor requested to hear from anyone present in the audience who wished to
speak regarding the above-mentioned item.
Mr. Warren Field, 1147 60t" Street, appeared before the City Council to address
concerns related to the infrastructure needs.
Upon the motion of Councilmember Henderson, seconded by Councilmember VVise and
carried unanimously, the City Council closed the Public Hearing at 7:37 p.m.
(3) To Consider A Proposal Toy Increase Total Tax Revenuers
From Properties On The Tax: Roll In The Preceding Tax Year
By 8.99 Percent (Percentage By Which Proposed Tax Rate
Exceeds Lower Of Rollback Tax Rate Or Effective Tax Rate
Calculated Under Chapter 26, Tax Code)
The Mayor introduced the above-mentioned Public Hearing at 7:38 p.m.
The City Manager conducted an overview of the proposed increase in total Tax
Revenues and addressed City Council inquiries.
The Mayor requested to hear from anyone present in the audience who wished to
speak regarding the above-mentioned item.
No one appeared before the City Council to address the above-mentioned item.
Upon the motion of Councilmember Wise, seconded by Councilmember Flood and
carried unanimously, the City Council closed t:he Public Hearing at 7:49 p.m.
City Council Minutes
Regular Meeting -August 26, 2008 10
The Mayor and City Council acknowledged Lamar SETCAST Videographer Chris Reyna
for his outstanding work videoing the City Council meetings.
Councilmember Henderson left the Council Chamber.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
B. Ordinances
(1) P. O. No. 5916 - An Ordinance Assessing The Cost Of
Various Sewer Line Improvements On 9t" Avenue Pursuant
To Chapter 402 Local Government Code In The City Of Port
Arthur
The City Manager introduced the above-mentlioned Proposed Ordinance.
The City Attorney read into the record the following proposed amendments:
1. Total Sanitary Sewer Line Improvernents on 9th Avenue are 1,790 linear feet.
2. The Total Cost for the Sanitary Sewer Line Improvements is $496,645.00.
3. Section 3. That the property owners, as delineated in Exhibit "C" are
hereby assessed the following for t:he proposed sewer improvements on the
above described section of 9th Avenue:
Port Arthur Independent School District $112,221.00
United Board of Missions $5,302.00
Frank J. Prichard $3,098.00
Texas HCP Holdings, LP $33,854.00
Diocese of Beaumont $100,756.00
Sa Van & Kim Ly $46,387.00
C. Doornbos, Jr. $95,027.00
$396,645.00
4. The Director of Public Utilities described the project at the Public Hearing on
August 26, 2008. The Director spoke to Mr. Doornbos, who no longeir was in
favor of the 200' extension.
Upon the motion of Councilmember Wise, seconded by Councilmember Flood and
unanimously carried; Proposed Ordinance No. 5916 was adopted as amended by the
City Attorney, becoming Ordinance No. 08-83.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Flood,
Beard and Wise.
Voting No: None.
The caption of Ordinance No. 08-83 reads as follows:
ORDINANCE NO. 08-83
AN ORDINANCE ASSESSING THE COST OF
VARIOUS SEWER LINE IMPROVEMENTS ON
9TH AVENUE PURSIJANT TO CHAPTER 402
LOCAL GOVERNMENT' CODE IN THE CITY OF
PORT ARTHUR
City Council Minutes
Regular Meeting -August 26, 2008 11
Councilmember Henderson returned to the Council Chamber.
A. Resolutions
(1) P. R. No. 14809 - A Resolution Awarding A Contract And
Authorizing The Execution Of Said Contract In The
Amount Of $496,645.00 For The 9t" Avenue Sanitary Sewer
Extension And Approving Change Order No. 1 In The
Amount Of $33,050.00, Between The City of Port Arthuir
And Troy Construction, LL.C, Of Houston, Texas, Account
No. 419-1622-531.83- 00, Project No. 419803
The Mayor introduced the above-mentioned F~roposed Resolution.
The City Attorney read into the record the following proposed amendments:
WHEREAS, the City's sanitary sewer system currently ends at the YMCA
property near Lake Arthur Drive; and,
WHEREAS, the City Council does not desire to approve change Order No. 1 for
$33,050; NOW THEREFORE,
The motion was made by Councilmember Wise, seconded by Councilmember Flood and
unanimously carried; Proposed Resolution No. 14809 was adopted as amended by the
City Attorney, becoming Resolution No. 08-366.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmember Segler, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 08-366 reads as follows:
RESOLUTION NO. 08-366
A RESOLUTION AWARDING A CONTRACT AND
AUTHORIZING THE EXECUTION OF SAID
CONTRACT IN THE AMOUNT OF $496,645.00
FOR THE 9TH AVENUE SANITARY SEWER
EXTENSION AND APPROVING CHANGE ORDER
NO. 1 IN THE AMOUNT OF $33,050.00,
BETWEEN THE CITY OF PORT ARTHUR AND
TROY CONSTRUCTION, LLC, OF
HOUSTON, TEXAS, ACCOUNT NO. 419-1622-
531.83- 00, PRO)E:CT NO. 419803
B. Ordinances
(2) P. O. No. 5918 - An Ordinance Amending The Budget For
The Port Arthur Section 4A Economic Development
Corporation For The Fiscal V'ear Beginning October .1,
2007 And Ending September 30, 2008 As To Fund The
Purchase Of Property On Highway 73
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Wise, seconded by Councilmember Henderson and
unanimously carried, Proposed Ordinance N~o. 5918 was adopted becoming Ordinance
No. 08-84.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Flood,
Beard, Wise and Henderson.
City Council Minutes
Regular Meeting -August 26, 2008 12
Voting No: None.
The caption of Ordinance No. 08-84 reads as Follows:
ORDINANCE NO. 08-84
AN ORDINANCE AMENDING THE BUDGET FOR
THE PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2007
AND ENDING SEPTEMBER 30, 2008 AS TO
FUND THE PURCHASE OF PROPERTY ON
HIGHWAY 73
(3) P. O. No. 5919 - An Ordinannce Amending Sections 110-91
And 110-92 Of Division 3 (Service Charges And Billings)
Of Article II (Water) And Suibsection (a) And (c) Of Section
110-191 Of Division 3 (Service Charges) Of Article II;I
(Sewer) Of Chapter 110 (Utilities) Of The Code Cif
Ordinances, City Of Port Arthur; Said Amendments
Increasing Water And Sewer Rates And Charges
Repealing All Ordinances And Parts Of Ordinances In
Conflict Herewith; And Declaring The Effective Date
Thereof
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Wise, seconded by Councilmember Henderrson and
unanimously carried, Proposed Ordinance No. 5919 was adopted becoming Ordinance
No. 85.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 08-85 reads as follows:
ORDINANCE NO. 08-85
AN ORDINANCE AMENDING SECTIONS 110-91
AND 110-92 OF DIVISION 3 (SERVICE
CHARGES AND BILLINGS) OF ARTICLE II
(WATER) AND SUBSECTION (A) AND (C) OF
SECTION 110-191 OIF DIVISION 3 (SERVICE
CHARGES) OF ARTICLE III (SEWER) OF
CHAPTER 110 (UTILITIES) OF THE CODE OF
ORDINANCES, CITY i0F PORT ARTHUR; SAID
AMENDMENTS INCREASING WATER AND
SEWER RATES AND CHARGES REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND DECLARING THE
EFFECTIVE DATE THEREOF
(4) P. O. No. 5920 - An Ordinance Amending Sections 86-ii.i
(Carry-Out Service); 86-112 (Residential Garbage); 86-
114 (Commercial Refuse- Regular Service) Of Article ]fV
(Fees) Of Chapter 86 (Garbage, Trash And Weeds) Of
The Code Of Ordinances, City Of Port Arthur, Texas; Arid
Adding Subsection (c) Tai Section 86-114 (Commercial
Refuse-Enclosure Service) Said Amendments And Addition
Provide For The Amendment Of Rates Charged For
City Council Minutes
Regular Meeting -August 26, 2008 13
Garbage And Trash Collection From Residential Premises;
And Providing For An Effective Date
The City Manager introduced the above-mentiioned Proposed Ordinance.
Upon the motion of Councilmember Wise, seconded by Councilmember Henderson and
unanimously carried, Proposed Ordinance No. 5920 was adopted becoming Ordinance
No. 08-86.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler~, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 08-86 reads as follows:
ORDINANCE NO. 08-86
AN ORDINANCE AMENDING SECTIONS 86-111
(CARRY-OUT SERVICE:); 86-112 (RESIDENTIAL
GARBAGE); 86-114 (COMMERCIAL REFUSE-
REGULAR SERVICE) OF ARTICLE IV (FEES) OF
CHAPTER 86 (GARBAGE, TRASH AND WEEDS)
OF THE CODE OF ORDINANCES, CITY OF PORT
ARTHUR, TEXAS; AND ADDING SUBSECTION
(C) TO SECTION 86-114 (COMMERCIAL
REFUSE-ENCLOSURE SERVICE) SAID
AMENDMENTS AND ADDITION PROVIDE FOR
THE AMENDMENT OF RATES CHARGED FOR
GARBAGE AND TRASH COLLECTION FROM
RESIDENTIAL PREMISES; AND PROVIDING
FOR AN EFFECTIVE DATE
(5) P. O. No. 5921 - An Ordinance Pertaining To The Sale Of
Property Located At 648 4t" Street, Port Arthur, Texas
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Wiese and seconded by Councilmember Flood
that Proposed Ordinance No. 5921 be adopted.
The City Manager addressed inquiries related to the qualification and rejection of bids.
Proposed Ordinance No. 5921 was adopted becoming Ordinance No. 08-87.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 08-87 reads as follows:
ORDINANCE NO. 08-87
AN ORDINANCE PERTAINING TO THE SALE OF
PROPERTY LOCATED AT 648 4TH STREET, PORT
ARTHUR, TEXAS
(6) P. O. No. 5922 - An Ordinance Authorizing The Donation Of
Abandoned Bicycles To The Port Cities Rescue Mission Of
Port Arthur, Texas
The City Manager introduced the above-mentiioned Proposed Ordinance.
City Council Minutes
Regular Meeting -August 26, 2008 14
The motion was made by Councilmember Wise and seconded by Councilrember
Henderson that Proposed Ordinance No. 5922 be adopted.
Port Arthur Police Chief Mark Blanton appE~ared before the City Council to address
inquiries regarding the above-mentioned item.
Proposed Ordinance No. 5922 was adopted becoming Ordinance No. 08-88.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 08-88 reads as follows:
ORDINANCE NO. 08-88
AN ORDINANCE AUTHORIZING THE DONATION
OF ABANDONED BICYCLES TO THE PORT
CITIES RESCUE MISSION OF PORT ARTHUR,
TEXAS
(7) P. O. No. 5923 - An Ordinance Granting An Excavation
Permit Issued Pursuant To Chapter 94 -Article VII
(Excavations) Of The Code Of Ordinances Of The City Of
Port Arthur To Madison Communities South Of Jimmy
Johnson Boulevard And West Of Ninth Avenue
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Councilmember
Wise that Proposed Ordinance No. 5923 be adopted.
Planning, Zoning and Grants Director Colleen Russell appeared before the Cit,~ Council
to answer inquiries regarding the above-menltioned item.
Proposed Ordinance No. 5923 was adopted becoming Ordinance No. 08-89.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Flood,
Beard, Henderson and Wise.
Voting No: None.
The caption of Ordinance No. 08-89 reads as follows:
ORDINANCE NO. 08-89
AN ORDINANCE GRANTING AN EXCAVATION
PERMIT ISSUED PURSUANT TO CHAPTER 94 -
ARTICLE VII (EXCAVATIONS) OF THE CODE OF
ORDINANCES OF THE CITY OF PORT ARTHUR
TO MADISON COMMUNITIES SOUTH OF JIMMY
JOHNSON BOULEVARD AND WEST OF NINTH
AVENUE
(8) P. O. No. 5924 - An Ordinance As It Pertains To A Contract
With The Federal Correction Complex Beaumont, Texas
For Use Of The City Of Port Arthur's Landfill
The City Manager introduced the above-mentioned Proposed Ordinance.
City Council Minutes
Regular Meeting -August 26, 2008 15
Upon the motion of Councilmember Wise, seconded by Councilmember Henderson and
unanimously carried, Proposed Ordinance No. 5924 was adopted becoming Ordinance
No. 08-90.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler~, Flood,
Beard, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 08-90 reads as follows:
ORDINANCE NO. 08-90
AN ORDINANCE ASS IT PERTAINS TO A
CONTRACT WITH THE FEDERAL CORRECTION
COMPLEX BEAUMONT,, TEXAS FOR USE OF THE
CITY OF PORT ARTHUR'S LANDFILL
C. *Reports And Recommendations
Report On City Budget
The City Manager and Finance Director Rebecca Underhill presented the above-
mentioned report.
Mayor Pro Tem Chatman left the meeting at 8:32 p.m.
VIII. REPORTS OF BOARDS & COMMITTEES -None.
IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Councilmember Flood:
Requested information on the Port Arthur Police Department's Blue Santa Program.
Councilmember Beard:
1. Requested advisement of upcoming City events.
2. Requested a report on Quiet Zones.
3. Spoke on issues related to ship channel expansion, direct offshore docking
connections and TEPPCO.
Councilmember Wise:
Requested advisement of upcoming City events.
Mayor Prince:
Acknowledged Port Arthur Police Officer Riclky Antoine received the Texas De~~partment
of Transportation's "Step Officer of the Year".
Councilmember Henderson:
Announced that a Town Hall Meeting will be held at the Sabine Pass Independent
School District on Friday, September 4, 2008 at 7:00 p.m.
X. AD70URNMENT OF MEETING
Upon the motion by Councilmember Beard, seconded by Councilmember Segler and
carried unanimously, the City Council adjourned their meeting at 8:54 p.m.
City Council Minutes
Regular Meeting -August 26, 2008 16
An audio-tape of this meeting is on file in they office of the City Secretary and is made a
part of the official minutes of this meeting.
MAYOR DELORIS °BOBBIE" PRINCE
ATTEST:
ACTING CITY SECRETARY TERRI HANKS
END OF REGULAR MEETING HELD AUGUST 26, 2008. APPROVED:
City Council Minutes
Regular Meeting -August 26, 2008 17
EXHIBIT 'A'
8/26/2008
Bid Package #1 & #2
Plus Change Order No. 1
PROPERTIES ABUTTING 9TH AYE. FROM 67TH ST. TO 60TH ST.
Unserved parcels once PALCO lot deep.
PROPERTY OWNER Acres % of Total Assessment
PAISD 17.080 28.29% $112,221
United Board of Missions 0.807 1.34% $5,302
Pritchard, Frank J. 0.049 0.08% $325
0.219 0.36% $1,440
0.203 0.34% $1,333
Total 0.472 $3,098
Texas HCP Holdings LP 4.745 7.86% $31,176
0.408 0.68% $2,677
Total 5.153 $33,854
Diocese of Beaumont 15.335 25.40% $100,756
Ly, Sa Van & Kim 7.060 11.69% $46,387
Doornbos, C. Jr. 14.463 23.96% $95,027
Change Order No. 1 33 050
Total $128,077
TOTAL 60.369 100.00% $429,695
Assessment Calculations
Original Contract Amount $496,645
City share X100,000
Assessment balance $396,645