HomeMy WebLinkAbout(1) JUNE 17, 2008 REGULAR MEETINGREGULAR MEETING -- .7une 17, 2008
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Williamson gave the invocation followed with the pledge to the flag.
The City Council of the City of Port Arthur met in Regular Session on Tuesday, June 17,
2008 at 8:38 a.m. in the City Council Chamber, City Hall, with the following members
present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Jack Chatm~an, Jr.;
Councilmembers Elizabeth ~~Liz" Segler, Morris Albright, III, Martin Flood, RobE:rt "Bob"
E. Williamson and Dawana K. Wise; City Manager Steve Fitzgibbons, Aci:ing City
Secretary Terri Hanks, City Attorney Mark T. Sokolow and Sergeant At Arms Police
Chief Mark Blanton.
Councilmember Michael 'Shane" Sinegal was absent from the Regular Meeting,.
Councilmember John Beard, Jr. joined the Regular Meeting at 8:40 a.m.
II. PROCLAMATIONS & MINUTES
June 16-20, 2008 as "Master 7ordan Aaron Walker Week"
Mr. Jordan Walker appeared before the City Council to accept the proclamation. Mr.
Walker was honored for saving a life while using the Heimlich maneuver at a local
restaurant. Mayor Prince acknowledged that he is the son of Water Utilities Secretary
Allison Walker.
The City Council recessed their Regular Session at 8:46 a.m. to honor Mr. Walker and
reconvened their meeting at 8:59 a.m. with the following members present: Mayor
Prince, Mayor Pro Tem Chatman, Councilmembers Segler, Albright, Floodl, Beard,
Williamson and Wise; City Manager Fitzgibbons, City Attorney Sokolow, Acting City
Secretary Hanks and Sergeant At Arms Police Chief Blanton.
Minutes -None
III. PETITIONS & COMMUNICATIONS
A. Sneakers
(1) Donny Dalatte Regarding RV Park On Broadway -NOT
PRESENT
(2) Tom Henderson Regarding Veteran's Memorial Park
Former Councilmember Tom Henderson, 4435 Forrest Drive, appeared before the City
Council to propose an interlocal maintenance plan for the Veteran's Memorial Park.
(3) Stephen Mosley Of "The Breeze" Radio Station Regarding
Youth Programs And General Information Update
Mr. Stephen Mosley, 1440 Barbara Lane, appeared before the City Council to discuss
"The Breeze"radio station programs and activities.
B. Presentations
(1) Teen Court
Assistant City Attorney Valecia "Val" Tizeno appeared before the City Council to
introduce the following Teen Court Members who attended the Texas Youth Advocacy
Conference held in Houston:
Ms. Chloe Bolden, 3035 Memorial Boulevard
Ms. Summer Kennerson, 2900 Bryan Avenue,, Groves
Ms. Chi Chi Tran, (no address given)
Ms. Bolden, Ms. Kennerson and Ms. Tran a~-peared before the City Council to express
appreciation for the criminal justice educational opportunity.
(2) Warren Field And Ike Mills, Representing CIDA, Inc.,
Regarding Community Activism and Hilton Kelly
Mr. Warren Field, 1147 West 60t" Street appeared before the City Council to speak on
behalf of CIDA, Inc. (Community In-Power, i:x Development Association, Inc.). Mr. Field
requested consideration in providing a proclamation honoring Mr. Hilton Kelley for his
work as a community activism and an environmental watch dog.
(3) Gene Price Of Craftmaster~ Construction Regarding Green
Energy And Construction And Building Codes In The
Gulfcoast Area (Requested By Mayor Pro Tem Chatman)
Mr. Gene Price, 3200 Eighth Street, appeared before the City Council to cc-nduct a
presentation on the availability of new building products and applications.
C. Correspondence -None
IV. PUBLIC HEARINGS - 9:00 AM -None
V. UNFINISHED BUSINESS
P. O. No. 5874 - An Ordinance Authorizing The Purchase Price
And Sale Of Approximately 18 Acres Of Land In The Vicinity ~Of
Lake Arthur Drive
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tem Chatman
and unanimously carried, Proposed Ordinance No. 5874 was removed from the
agenda.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler,
Albright, Flood, Beard, Williamson and Wise.
Voting No: None.
Proposed Ordinance No. 5874 was removed.
VI. CONSENT AGENGA
Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tem Chatman
and carried, the following Consent Agenda items were adopted with the excE~ption of
Proposed Resolution No.'s: 14746, 14757 and 14761
A. Consideration And Approval Of Payment To The Teas
Municipal League (TML) In The Amount Of $5,219 For
League Services Including 'Texas Town & City Magazine For
7uly, 2008 -Tune, 2009
B. Consideration And Approval Of Renewing The Third Year
Existing Rental Contract Far Chemical Toilets With Triany/e
Waste Solutions, Inc, Port Arthur, TX In The Amount of
$15,000 For Use In Various Parks And Special Events
City Council Minutes
Regular Meeting -June 17, 2008 2
C. Consideration And Approval Of Awarding A Bid To Videotex
Systems, Inc, Da//as, TX In The Amount Of $20,930.99 For
A Broadcast Video System (For The Government ChannE:l)
Located At The Port Arthur Public Library
D. Consideration And Approval To Reject All Bids Received For
The Purchase Of Books, Other Print Materials And
Audiovisual Materials For The Port Arthur Public Library
And Authorize Renewal For This Last Year Of The Contract
With Baker And Tay/or Ta Supply These Materials At An
Annual Minimum Of $55,000
E. Consideration And Approval Of The Purchase Of One
Krimesite Imager From Sirchie Finger Print Laboraties,
Youngsvi//e, NC In The Amount Of $14,950 (Homeland
Security Grants) For The Police Department
F. Consideration And Approval Of The Purchase Of One
Trinocular Steromicroscope From CAP Optics/, Inc,,
Menifee, CA In The Amount; Of $5,371 (Homeland Security
Grant) For The Police Department
G. Consideration And Approval Of Awarding A Quote 'To
Doo%y Tackberry, Inc,, Deer Park, TX (Through BuyBoai d)
In The Estimated Amount of $37,657 For Bunker Pants,
Coats, Helmets, Hoods And Boots For The Fire Department
H. Consideration And Approval Of The Purchase Of Six X'TS
2500 764-870 MHZ Radios Through H-GAC In The Amount
Of $19,786.90 (Bioterrorism Grant) For The Health
Department
I. Consideration And Approval Of Awarding A Quote In The
Amount Of $251,110 For A 30-CY Rapid Rail Automated
Side Loader Body From BuyBoard (Through Hei/ Of Texas
Of Houston, TX) And A Mack Cabover Refuse Truck Chassis
From H-GAC (Through East Texas Mack Sa/es, LLC Of
Longview, TX) For The Public Works Department (Sollid
Waste Division)
Resolutions -Consent
(1) P. R. No. 14649 - A Resolution Authorizing Acceptance Of
An Engineer's Certificate Of Completion, Contractor's
Certificate And Release From LaGrone Services, Ltd., Aind
Contractor's Certificate Of Guarantee From PA69, L.P. For
The Completion Of Public Improvements (Water & Sewer
Utilities) To Serve The Port Plaza Center Development, And
Authorizing The City Manager To Sign The Certificate Of
Acceptance On Behalf Of The City Of Port Arthur, Texas
Proposed Resolution No. 14649 was adopted becoming Resolution No. 08-235.
(2) P. R. No. 14728 - A Resolution Accepting A Water Utility
Easement From Golden Pass LNG Terminal, LP For The
Construction, Installation,, Laying, And Maintaining Of
Water Utilities In The City Of Port Arthur
Proposed Resolution No. 14728 was adopted becoming Resolution No. 08-236.
(3) P. R. No. 14737 - A Resolution Awarding A Bid And
Authorizing The Execution Of A One (1) Year Contract
City Council Minutes
Regular Meeting -June 17, 2008
3
Between The City Of Port Arthur And Forde Construction
Company, Inc. Of Houstan, Texas For Planing And/Or
Texturing Of Pavement On A Unit Cost Basis For Various
City Funded And Community Development Block Grant
(CDBG) Funded Street Projects; Proposed Funding: Street
Division FY 2008 Budget Account 001-1203-531.36/51/86
And The 33rd Year CDBG Street Project Accounts
Proposed Resolution No. 14737 was adopted becoming Resolution No. 08-237.
(4) P. R. No. 14741 - A Resolution Authorizing The Renewal ~Of
A Contract With Grasshopper Lawn Service For Grass
Cutting Services Of Privately-Owned And City-Owned
Developed Lots In An Area Of The City Designated As Area
D, To Be Charged To Account No. 001-1401-551.59-00
Proposed Resolution No. 14741 was adopted becoming Resolution No. 08-238.
(5) P. R. No. 14744 - A Resolution Authorizing Acceptance Of
An Engineer's Certificate; Of Completion, Contractoir's
Certificate And Release And Contractor's Certificate Of
Guarantee From Allco, Inc. For The Completion Of Public
Improvements (Public Water System) To Serve The PAISD
New Memorial High School, And Authorizing The City
Manager To Sign The Certificate Of Acceptance On Behalf
Of The City Of Port Arthur, 'Texas
Proposed Resolution No. 14744 was adoptecl becoming Resolution No. 08-239.
(6) P. R. No. 14746 - A Resolution Awarding A Bid Aind
Authorizing The Execution Of A One (1) Year Contract
Between The City Of Port Arthur And C.M.M. Construction,
Inc. Of Beaumont, Texas For Placement Of Hot-Mix
Asphaltic Concrete On A Unit Cost Basis For Various Ciity
Funded And Community Development Block Grant (CDBG)
Funded Street Projects; Proposed Funding: Street Division
Account 001-1203-531.36/51/86 And CDBG Street Project
Accounts
Proposed Resolution No. 14746 was individually addressed.
(7) P. R. No. 14754 - A Resolution Approving The City Of Port
Arthur To Bid For Landfill Services For The Federal
Correctional Complex Beaumont, Texas
Proposed Resolution No. 14754 was adoptecl becoming Resolution No. 08-240.
(8) P. R. No. 14757 - A Resolution Accepting A Water Utility
Easement From The Port Arthur Housing Authority And K.
T. Akbari For The Construction, Installation, Laying, And
Maintaining Of Water Utilities In The City Of Port Arthur
Proposed Resolution No. 14757 was individually addressed.
(9) P. R. No. 14758 - A Resolution Authorizing Acceptance Of
An Engineer's Certificate Of Completion, Contractor's
Certificate And Release, And Contractor's Certificate Of
Guarantee From Icon Builders, LLC For The Completion Of
Public Improvements (Water System) To Serve T'he
Southwood Crossing Phase 1&2 Apartment Compllex
Development, And Authorizing The City Manager To Sign
City Council Minutes
Regular Meeting -June 17, 2008 4
The Certificate Of Acceptance On Behalf Of The City Of Port
Arthur, Texas
Proposed Resolution No. 14758 was adopted becoming Resolution No. 08-241.
(10) P. R. No. 14759 - A Resolution Authorizing Acceptance i0f
The Certificate Of Completion, Contractor's Certificate And
Release, And Contractor's Certificate Of Guarantee For The
Cleaning And Television Inspection Of The Sanitary Sewer
System, Approving Change Order No. 1 And Final; And
Approving Final Payment Of $32,529.50 To CleanServe,
Inc., And Authorizing The City Manager To Sign The
Certificate Of Acceptance On Behalf Of The City Of Port
Arthur, Texas. Fund No. 426-1625-532.33-00, Project No.
426011.
Proposed Resolution No. 14759 was adopted becoming Resolution No. 08-242.
(li) P. R. No. 14761 - A Resolution Calling A Public Hearing
With Regards To Proposed Assessments For Improvements
On 9th Avenue From 67th Street To 60th Street
Proposed Resolution No. 14761 was addressed individually after the Executive
Session.
(12) P. R. No. 14763 - A Resolution Authorizing The Ciity
Manager To Execute An Agreement With SCS Engineers Of
Bedford Texas To Provide Services Related To Responding
To Requests Made By The Texas Commission On
Environmental Quality (TCEQ) Regarding Groundwater
Monitoring Well Number MW3, Funding Being Available In
FY 2008 Account No. 403-1274-533.54-00
Proposed Resolution No. 14763 was adopted) becoming Resolution No. 08-243.
(13) P. R. No. 14766 - A Resolution Rescinding Credit Card Fees
(Requested By Mayor Prince)
Proposed Resolution No. 14766 was adoptecl becoming Resolution No. 08-244.
(14) P. R. No. 14767 - A Resolution Authorizing The Ciity
Manager To Execute An Agreement With The Beaumant
Chapter Of The American Red Cross For Use Of The Port
Arthur Recreation And Senior Citizen Center Facility As .An
Emergency Shelter
Proposed Resolution No. 14767 was adoptecl becoming Resolution No. 08-245.
(15) P. R. No. 14768 - A Resolution Awarding A Bid And
Authorizing The Execution Of A One (1) Year Contract
Between The City Of Port Arthur And Hollier Construction &
Aluminum Of Groves, Texas For Concrete Slip-Form
Placement Of Concrete Curb And Gutters And Concrete
Curbs, And Construction Of Sidewalks, Driveways And
Wheelchair Ramps On A Unit Cost Basis For Various City
Funded And CDBG Grant Funded Street Projects; Proposed
Funding: Street Division Account No. 001-12013-
531.36/51/86 And CDBG Street Project Accounts
Proposed Resolution No. 14768 was adoptecl becoming Resolution No. 08-246.
City Council Minutes
Regular Meeting -June 17, 2008 5
(16) P. R. No. 14769 - A Resolution Authorizing Acceptance i0f
The Contractor's Certificate And Release And Contractorr's
Certificate Of Guarantee From Redwine Family Partners,
Ltd. For Anchor Drive Extension And Authorizing The City
Manager To Sign The Certificate Of Acceptance On Behalf
Of The City Of Port Arthur, Texas
Proposed Resolution No. 14769 was adopted becoming Resolution No. 08-247.
(17) P. R. No. 14770 - A Resolution Accepting A Sewer
Easement From Lamar State College-Port Arthur For The
Construction, Installation, Laying, And Maintaining ~Of
Sewer Utilities In The City Of Port Arthur
Proposed Resolution No. 14770 was adopted becoming Resolution No. 08-248.
(18) P. R. No. 14773 - A Resolution As It Pertains To The Project
Safe Neighborhoods Youth Conference To Be Held On Tune
23, 2008 (Account No. 134-•1021-514.54-01)
Proposed Resolution No. 14773 was adopted becoming Resolution No. 08-249.
(19) P. R. No. 14774 - A Resolution Authorizing Acceptance ~Of
An Engineer's Certificate Of Completion, Contractorr's
Certificate And Release, And Contractor's Certificate ~Of
Guarantee From Terry Walley Construction For The
Completion Of Public Improvements For Water & Sewer
Facilities To Serve Medical Center Blvd., And Authorizing
The City Manager To Sign The Certificate Of Acceptance On
Behalf Of The City Of Port Arthur, Texas
Proposed Resolution No. 14774 was adopted) becoming Resolution No. 08-250.
(20) P. R. No. 14778 - A Resolution Authorizing The City
Manager To Enter Into A Contract For Grass Cutting
Services For Civic Center And Willie Ryman Bldg. Wiith
Tomahawk Lawn Service Of Groves, Texas For $300.00 Per
Cut For The Civic Center And $65.00 Per Cut For The Willie
Ryman Bldg
Proposed Resolution No. 14778 was adoptecl becoming Resolution No. 08-251.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
Resolutions -Consent
(6) P. R. No. 14746 - A Resolution Awarding A Bid And
Authorizing The Execution Of A One (1) Year Contract
Between The City Of Port Arthur And C.M.M. Constructioin,
Inc. Of Beaumont, Texas For Placement Of Hot-Mix
Asphaltic Concrete On A Unit Cost Basis For Various City
Funded And Community Development Block Grant (CDBG)
Funded Street Projects; Proposed Funding: Street Division
Account 001-1203-531.36/51/86 And CDBG Street Project
Accounts
The Mayor introduced the above-mentioned Proposed Resolution.
Councilmember Flood recused himself from the above-mentioned item and filed a
conflict of interest affidavit with the City Secretary.
City Council Minutes
Regular Meeting -June 17, 2008 6
Upon the motion by Councilmember Willliamson, seconded by Mayor Fero Tem
Chatman and unanimously carried, Proposed Resolution No. 14746 was adopted
becoming 08-252.
Voting Yes: Mayor Prince, Mayor Pro Tem Chatman, Councilmembers Segler, ,Albright,
Beard, Williamson and Wise.
Voting No: None.
The caption of Resolution No. 08-252 reads as follows:
RESOLUTION NO. 08-252
A RESOLUTION AWARDING A BID AND
AUTHORIZING THE EXECUTION OF A ONE (1) YEAR
CONTRACT BETWEEN THE CITY OF PORT ARTHUR
AND C.M.M. CONSTRUCTION, INC. OF BEAUMONT,
TEXAS FOR PLACEMENT OF HOT-MIX ASPHALTIC
CONCRETE ON A UNIT COST BASIS FOR VARIOUS
CITY FUNDED AND COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDED STREET PROJECTS;
PROPOSED FUNDING: STREET DIVISION ACCOUNT
001-1203-531.36/51/86 AND CDBG STREET
PROJECT ACCOUNTS
(8) P. R. No. 14757 - A Resolution Accepting A Water Utility
Easement From The Port Arthur Housing Authority And K.
T. Akbari For The Construction, Installation, Laying, And
Maintaining Of Water Utilities In The City Of Port Arthur
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Flood and seconded by Councilmember
Williamson that Proposed Resolution No. 14i'S7 be adopted.
The City Manager addressed inquiries related to the proposed water utility easE~ment.
Proposed Resolution No. 14757 was adopted becoming Resolution No. 08-253.
Voting Yes: Mayor Prince, Mayor Pro Tem Chatman, Councilmembers Segler, Albright,
Flood, Beard, Williamson and Wise.
Voting No: None.
The caption of Resolution No. 08-253 reads as follows:
RESOLUTION NO. 08-253
A RESOLUTION ACCEPTING A WATER UTILITY
EASEMENT FROM THE PORT ARTHUR HOUSING
AUTHORITY AND K. T. AKBARI FOR THE
CONSTRUCTION, INSTALLATION, LAYING, AND
MAINTAINING OF WATER UTILITIES IN THE CITY OF
PORT ARTHUR
(11) P. R. No. 14761 - A Resolution Calling A Public Hearing
With Regards To Proposed Assessments For
Improvements On 9th Avenue From 67th Street To 601:h
Street
Proposed Resolution No. 14761 was addressed after the Executive Session.
City Council Minutes
Regular Meeting -June 17, 2008 7
A. Resolutions
(1) P. R. No. 14760 - A Resolution As It Pertains To Truth >~
Education And The Radio Station
Proposed Resolution No. 14760 was addressE~d after the Executive Session.
(2) P. R. No. 14762 - A Resolution Rescinding Resolution No.
08-178 As It Pertains To The Appointment Process To The
Municipal Housing Authority (Requested By Mayor Prince)I
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem (:hatman and seconded by Councillmember
Wise that Proposed Resolution No. 14762 be adopted.
The City Manager addressed inquiries related to the Housing Authority appointment
process.
The motion was made by Councilmember Albright and seconded by Councilmember
Williamson that Proposed Resolution No. 147'62 be tabled.
Proposed Resolution No. 14762 was i:abled over the dissenting votes of
Councilmember Beard and Councilmember V1lilliamson.
Voting Yes: Mayor Prince, Mayor Pro Tem Chatman, Councilmembers Segler, Albright,
Flood, and Wise.
Voting No: Councilmembers Beard and Williamson.
Proposed Resolution No. 14762 was tabled.
(3) P. R. No. 14764 -Resolution Approving First Amendment
To Economic Development Conditional Grant Agreement
Between The City Of Port Arthur Section 4A Economiic
Development Corporation And Camellia Plaza, LP
The Mayor introduced the above-mentioned Proposed Resolution.
Councilmember Flood recused himself from the above-mentioned item anti filed a
conflict of interest affidavit with the City Secretary.
The motion was made by Councilmember V1lilliamson and seconded by Councilmember
Albright that Proposed Resolution No. 14764 be adopted.
EDC Executive Director Floyd Batiste appeared before the City Council to address
inquiries related to the Camellia Plaza agreement.
Proposed Resolution No. 14764 was adoptecl becoming Resolution No. 08-254
Voting Yes: Mayor Prince, Mayor Pro Tem Chatman, Councilmembers Segler, Albright,
Beard, Williamson and Wise.
Voting No: None.
The caption of Resolution No. 08-254 reads as follows:
RESOLUTION NO. 08-254
RESOLUTION APPROVING FIRST AMENDMENT TO
ECONOMIC DEVELOPMENT CONDITIONAL GRANT
AGREEMENT BETWEEN THE CITY OF PORT ARTHUR
City Council Minutes
Regular Meeting -June 17, 2008 8
SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND CAMELLIA PLAZA, LP
(4) P. R. No. 14765 - A Resolution As It Pertains To The
Marshall Group (Requested By The City Manager)
The Mayor introduced the above-mentioned IProposed Resolution.
The motion was made by Councilmember Albright and seconded by Mayor Pro Tem
Chatman that Proposed Resolution No. 14765 be adopted.
The City Manager addressed inquiries related to the Marshall Group.
Proposed Resolution No. 14765 was adopted becoming Resolution No. 08-255
Voting Yes: Mayor Prince, Mayor Pro Tem Chatman, Councilmembers Segler, ,Albright,
Flood, Beard, Williamson and V1/ise.
Voting No: None.
The caption of Resolution No. 08-255 reads as follows:
RESOLUTION NO. 08-255
A RESOLUTION AS IT PERTAINS TO THE MARSHALL
GROUP (REQUESTED BY THE CITY MANAGER)
(5) P. R. No. 14775 - A Resolution As It Pertains To The City
Of Port Arthur Section 4A Economic Development
Corporation And Restrictions As To The Use Of
Undocumented Workers
The Mayor introduced the above-mentioned Proposed Resolution.
The City Attorney distributed a revised Exhibit '~B" for City Council consideration as
shown in Exhibit "A" of the Meeting Minutes.
The motion was made by Councilmember Beard and seconded by Mayor Pro Tem
Chatman that Proposed Resolution No. 14775 be adopted with the insertion of the
Exhibit'~B" revision.
EDC Executive Director Floyd Batiste appE~ared before the City Council to address
inquiries related to the usage of undocumented workers.
Proposed Resolution No. 14775 was adopted becoming Resolution No. 08-256
Voting Yes: Mayor Prince, Mayor Pro Tem Chatman, Councilmembers Segler, Albright,
Flood, Beard, Williamson and Wise.
Voting No: None.
The caption of Resolution No. 08-256 reads as follows:
RESOLUTION NO. 08-256
A RESOLUTION AS IT PERTAINS TO THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION AND RESTRICTIONS
AS TO THE USE OF UNDOCUMENTED WORKERS
B. Ordinances
City Council Minutes
Regular Meeting -June 17, 2008 9
(1) P.O. No. 5880 - An Ordinance Authorizing The Donation Of
Forty-Four (44) Abandoned Bicycles To Emily Bond, The
Warden Of The LeBlanc Unit, For Purposes Of Helping The
Underprivileged In The Surrounding Area
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion by Councilmember Williamson, seconded by Councilmember Albright
and unanimously carried, Proposed Ordinance No. 5880 was adopted becoming
Ordinance No. 08-60.
Voting Yes: Mayor Prince, Mayor Pro Tem C:hatman, Councilmembers Segler, ~4lbright,
Flood, Beard, Williamson and Nlise.
Voting No: None.
The caption of Ordinance No. 08-60 reads as follows:
ORDINANCE: NO. 08-60
A RESOLUTION AS IT PERTAINS TO THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION AND RESTRICTIONS
AS TO THE USE OF UNDOCUMENTED WORKERS
Councilmember Wise left the Council Chamber at 11:08 a.m.
(2) P. O. No. 5897 - An Appropriation Ordinance Amending
The Budget For The Fiscal Year Beginning October 1, 2007
And Ending September 30, 2008 To Fund Additional Staff
And Equipment For Residential Garbage Collection
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion by Councilmember Williamson, seconded by Mayor Fero Tem
Chatman and unanimously carried, Proposed Ordinance No. 5897 was adopted
becoming Ordinance No. 08-61.
Voting Yes: Mayor Prince, Mayor Pro Tem (:hatman, Councilmembers Segler, Albright,
Flood, Beard and Williamson.
Voting No: None.
The caption of Ordinance No. 08-61 reads a> follows:
ORDINANCE NO. 08-61
AN APPROPRIATION ORDINANCE AMENDING THE
BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008
TO FUND ADDITIONAL STAFF AND EQUIPMENT FOR
RESIDENTIAL GARBAGE COLLECTION
(3) P. O. No. 5898 - An Ordinance As It Pertains To A
Developer Participation Contract With Oakmont
Properties, Inc. As To Extend Anchor Drive As To Provicle
An Incentive For A New 246 Unit Up-Scale, Market-Rate
Apartment Complex
The City Manager introduced the above-mentioned Proposed Ordinance.
City Council Minutes
Regular Meeting -June 17, 2008 10
Upon the motion by Councilmember Beard,. seconded by Councilmember Williamson
and unanimously carried, Proposed Ordinance No. 5898 was adopted becoming
Ordinance No. 08-62.
Voting Yes: Mayor Prince, Mayor Pro Tem C;hatman, Councilmembers Segler, ,Albright,
Flood, Beard and Williamson.
Voting No: None.
The caption of Ordinance No. 08-62 reads as~ follows:
ORDINANCE: NO. 08-62
AN ORDINANCE AS IT PERTAINS TO A DEVELOPER
PARTICIPATION CONTRACT WITH OAKMONT
PROPERTIES, INC. AS TO EXTEND ANCHOR DRIVE AS
TO PROVIDE AN INCENTIVE FOR A NEW 246 UNIT
UP-SCALE, MARKET-RATE APARTMENT COMPLEX
(4) P. O. No. 5899 - An Ordinance Granting An Excavation
Permit Issued Pursuant To Article VII (Excavations) Clf
The Code Of Ordinances Of The City Of Port Arthur T'o
Angel Investments Located South Of 61st Street And West
Of Ray Avenue
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion by Councilmember Beard, seconded by Councilmember Williamson
and unanimously carried, Proposed Ordinance No. 5899 was adopted becoming
Ordinance No. 08-63
Voting Yes: Mayor Prince, Mayor Pro Tem (:hatman, Councilmembers Segler, Albright,
Flood, Beard and Williamson.
Voting No: None.
The caption of Ordinance No. 08-63 reads as follows:
ORDINANCE NO. 08-63
AN ORDINANCE GRANTING AN EXCAVATION PERMIT
ISSUED PURSUANT TO ARTICLE VII (EXCAVATIONS)
OF THE CODE OF ORDINANCES OF THE CITY OF PORT
ARTHUR TO ANGEL INVESTMENTS LOCATED SOUTH
OF 61ST STREET AND WEST OF RAY AVENUE
Councilmember Wise returned to the Council) Chamber at 11:10 a.m.
(5) P. O. No. 5901 - An Ordinance Amending Section 110-191
Of Division 3 (Service Charges) Of Article III (Sewer) Of
Chapter 110 (Utilities) Of The Code Of Ordinances, City Of
Port Arthur; Said Amendments Establishing A Sewer Rate
For Liquid Waste Hauler Direct Discharges And 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 by Councilmember Williamson, seconded by Mayor Pro Tem Chatman
and unanimously carried, Proposed Ordinance No. 5901 was adopted k~ecoming
Ordinance No. 08-64
City Council Minutes
Regular Meeting -June 17, 2008 11
Voting Yes: Mayor Prince, Mayor Pro Tem Chatman, Councilmembers Segler, Albright,
Flood, Beard, Williamson and Wise.
Voting No: None.
The caption of Ordinance No. 08-64 reads as follows:
ORDINANCE NO.08-64
AN ORDINANCE AMENDING SECTION 110-191 OF
DIVISION 3 (SERVICE CHARGES) OF ARTICLE III
(SEWER) OF CHAPTER 110 (UTILITIES) OF THE CODE
OF ORDINANCES, CITY OF PORT ARTHUR; SAID
AMENDMENTS ESTABLISHING A SEWER RATE FOR
LIQUID WASTE HAULER DIRECT DISCHARGES AND
REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND
DECLARING THE EFFECTIVE DATE THEREOF
C. *Renorts And Recommendations - None
VIII. REPORTS OF BOARDS & COMMITTEES -None
The City Council recessed their meeting at ].1:11 a.m. for lunch and reconvened their
meeting at 1:07 p.m. with the following members present: Mayor Prince; Mayor Pro
Tem Chatman; Councilmembers Segler, Albright, Flood, Williamson and Wise; City
Manager Fitzgibbons; Acting City Secretary Flanks; City Attorney Sokolow and Sergeant
At Arms Police Chief Blanton.
Councilmember Beard joined the Regular Meeting at 1:08 p.m.
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(1) Section 551.071 Government Code - To Discuss With Thee
City Attorney Pending And Potential Litigation As 7[t
Pertains To Entergy And Texas Industrial Energy
Consumers
(2) Section 551.087 Government Code - To Discuss Incentives
As To Industrial, Residential, Business And Commercial
Prospects
(3) Section 551.072 Government Code - To Discuss The
Monetary Value Of Office Spaces At City Hall And The City
Hall Annex
(4) Section 551.072 Government Code - To Discuss The Value
Of Land At 648 4th Street
(5) Section 551.072 Government Code - To Discuss The Value
Of Land Adjacent To South Gulfway Drive
(6) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To The
Housing Authority
The City Council recessed their meeting at 1:08 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 3:35 p.m. with
the following members present: Mayor Prince; Mayor Pro Tem Chatman;
Councilmembers Segler, Albright, Flood, Beard, Williamson and Wise; City Manager
Fitzgibbons; Acting City Secretary Hanks; City Attorney Sokolow and Sergeant At Arms
Police Chief Blanton.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
City Council Minutes
Regular Meeting -June 17, 2008 12
A. Resolutions
(1) P. R. No. 14760 - A Resolution As It Pertains To Truth &
Education And The Radio Station
The Mayor introduced the above-mentioned Proposed Resolution.
The City Attorney read the following amendrrients into the record:
1. The City Council desires to modify the lease as to use of Room 201.
2. Mr. Mosley will provide accurate cost figures to move to the
basement within fifteen (15) days as to occupy approximately 690
square feet.
3. Room 201 is needed for city rneeds and the basement is available.
The City Manager shall assist Truth & Education to move fits
furnishings, equipment, and lines within sixty (60) days.
4. The City shall bid out 648 4th Street.
5. While the radio station is houised at City Hall, there shall be no
personal references or political opinions expressed by the guE~st
speakers, callers, or radio personnel, and no political shows,
effective immediately. Truth & Education will focus on youth
training.
The motion was made by Mayor Pro Tem Chatman and seconded by Counciilmember
Williamson that Proposed Resolution No. 14760 be adopted with the amendments as
stated by the City Attorney.
Voting Yes: Mayor Prince, Mayor Pro Tem Chatman, Councilmembers Segler, Albright,
Flood, Beard, Williamson and V~Jise.
Voting No: None.
The caption of Resolution No. 08-257 reads <~s follows:
RESOLUTIONS NO. 08-257
A RESOLUTION AS IT PERTAING TO TRUTH &
EDUCATION AND THE RADIO STATION
Resolutions -Consent
(11) P. R. No. 14761 - A Resolution Calling A Public Hearing
With Regards To Proposed Assessments For
Improvements On 9th Avenue From 67th Street To 60t:h
Street
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember
Williamson that Proposed Resolution No. 14761 be adopted with the following
amendments as stated by the City Attorney:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF PORT ARTHUR:
Section 1. That the facts grid opinions in the preamble are true
and correct.
City Council Minutes
Regular Meeting -June 17, 2008 13
Section 2. That a public hearing on the proposed assessment is
set for 7uly 29, 2008 at 7:00 p.m. in the Council Chambers, 5t" Floor,
City Hall.
Section 3. That pursuant t:o Section 402.066 of the Local
Government Code, the City may assess the cost of an improvement
against adjacent landowners as to thE~ percent of the cost of constructing
a sewer line extension on 9t" AvenuE~ from 67t" Street to 60t" Street, as
described in Exhibits'~B"and ~~C" attac:hed hereto.
Section 4. That the assessments are not estimated to exceed a
cost of $250,000 (10% paid by the City and 90% paid by the tax payer),
as delineated in Exhibit'~B", which is the estimate for the entire project.
Section 5. That in accordance with Section 402.066 (c) of the
Local Government Code, the governing body shall apportion and assess
those costs it considers just and equii:able, taking into account the special
benefits in enhanced value to be received by those owners, and shall
adjust the apportionment so as to produce a substantial equality of
benefits received and burdens imposed, as delineated in Chapter 402
Local Government Code. The proposed completion date of this projE~ct
will be October 1, 2008.
Section 6. The City Secretary shall publish notice of the put~lic
hearing in the official newspaper of the City three (3) times, and provide
written notice to the adjacent propE~rty owners, as required by Section
402.069 Local Government Code.
Proposed Resolution No. 14761 was adopted) becoming Resolution No. 08-258.
Voting Yes: Mayor Prince, Mayor Pro Tem Chatman, Councilmembers Segler, Albright,
Flood, Beard, Williamson and VVise.
Voting No: None.
The caption of Resolution No. 08-258 reads as follows:
RESOLUTION NO. 08-258
A RESOLUTION CALLING A PUBLIC HEARING WITH
REGARDS TO PROPOSED ASSESSMENTS FOR
IMPROVEMENTS ON 9TH AVENUE FROM 67TH
STREET TO 60TH STREET
X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Councilmember Albright:
Proposed scheduling a City Council Retreat on Saturday, July 12, 2008.
Councilmember Beard:
(1) Requested information on City Couincil Retreat format and suggested having
group breakout sessions.
(2) Requested that an Attorney General's opinion be obtained on the current
requirement of obtaining three signatures for placing an item on the agenda.
City Council Minutes
Regular Meeting -June 17, 2008 14
Councilmember Williamson:
(1) Requested a status report on the condemnation of an abandoned home on
Glenwood Drive.
(2) Requested a status report on the Police and Fire Department's contract
negotiations.
(3) Requested a report on delinquent property taxes on Montrose.
Mayor Prince:
Announced that the City is planning aMulti-Cultural Exposition and Annu<~I Senior
Citizen's Banquet.
Mayor Pro Tem Chatman
(1) Requested a status report on the condemnation of three vacant homes in the
3100 block of Eighth Street.
(2) Requested a copy of the ordinance addressing tree overhangs.
(3) Requested a report on selling vacant lots adjacent to property owners.
(4) Requested an agenda item appointing members to a Vllestside Reviitalization
Committee.
X. AD]OURNMENT OF MEETING
Upon the motion of Councilmember Albright, seconded by Councilmember Segler and
carried unanimously, the City Council adjourned their meeting at 3:52 p.m.
An audio-tape of this meeting is on file in the office of the City Secretary and is made a
part of the official minutes of this meeting.
MAYOR DELORIS "BOBBIE" PRINCE
ATTEST:
ACTING CITY SECRETARY TERRI HANKS
END OF REGULAR MEETING HELD JUNE 17. 2008.
APPROVED:
City Council Minutes
Regular Meeting -June 17, 2008 15
Exhibit "A"
EXHIBIT "B"
TO P. R. NO. 14775
FIRST SUPPLEMENT TO
ECONOMIC INCENTIVE CONTRACT & LOAN AGREEMENT
BETVVI:EN
CITY OF PORT ARTIIUR SECTION 4A ECONOMIC DEVELOPMENT CORPORAT:[ON
TEAM FABRICATORS, L.L.C.
The Economic Incentive Contract & Loan Al~eement (the "Original Agreement") between the
City of Port Arthur Section 4A Economic Development Corporation {"PAEDC") and Team Fabricators,
L.L.C. ("Incentive Recipient") dated , 20C-8 is hereby supplemented to include the provision
Chapter 2264, Texas Government Code (the "First Supplement").
Incentive Recipient and any branch, division or department of Incentive Recipient certifies that
they have not and will not knowingly employ an "un.documented worker" which means "an individual
who, at the time of employment, is not lawfully admtl:ed for permanent residence to the United States or
authorized under law to be employed in that manner in the United States."
Incentive Recipient acknowledges that it has reviewed Chapter 2264, 'Texas Government Code,
attached. hereto as Exhibit "A" and made a part hereof for all purposes and hereby affirmatively agrees
by execution of this First Supplement to repay the amount of any incentive with interest at the rate often
(10%) percent per annum not later than the 120` day sifter the date PAEDC notifies Incentive Reciipient of
a violation.
Incentive Recipient acknowledges PAEDC may bring a civil action or cover any amounts owed
under this Chapter and further acknowledges that ]?AEDC may recover court costs and reiisonable
attorneys' fees incurred in an action brought under §2264.101(a). The Incentive Recipient is not liable for
a violation of this Chapter by a subsidiary, affiliate or ifranchisee of the Incentive Recipient or by .a person
with whom the Incentive Recipient contracts.
The Original Agreement is supplemented by taus First Supplement, and except as specifically set
forth herein and in any amendment to the Original Agreement, all terms, conditions, perfc>rmance,
obligations, covenants and agreements of Incentive Recipient or PAEDC as specified in the Original
Agreement are ratified and affirmed, and each party covenants and represents there are no defaults in the
Original Agreement.
ATTORNEY APPROVALS
APPROVED AS TO FORM:
Guy N. Goodson
General Counsel for PAEDC
VERIFIED AS CONSISTENT
WITH CTTY COUNCIL RESOLUTION: Resolution Number:
Mark T. Sokolow, City Attorney
SUPPLEMENT EXECUTION
CITY OF PORT ART]~LTR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
SIGNED AND AGREED TO on the __ day of
President
Witness
Secretary
2008.
Witness
TEAM FABRICATORS, L.L.C.
TEAM FABRICATORS, L.L.C.,
Wisconsin limited liability corporation and a
wholly owned subsidiary of Team Industries,
Inc., a Wisconsin corporation
By:
SIGNED AND AGREED TO on the day of , 2008.
Title
Acknowledgment
~rs3ooz~ Page z
GENERAL. GOVEIL:iVMENT ~ § 2264:001
Title IO'
CHAPTES 2264. RESTRICTIONS ON USE OF. CERTAIN :PUBLIC SUBSIDIES
SUBCHAPTER A. GENERAL PROVISIONS
Section
22(14.001. Definitions.
[Sections 22(14.002 to 2`e!fi4.050 reserved for ex- .
pansionl -
SUBCHAPTER $, RESTRICTIONS QN USE
OF CERTAIN PUBLIC SUBSIDIES T0.'~M-
PLOY UNDOCUI4IENTED WORKERS
22{14.051. Statement Required in Application fora
Public Sub:aidies.
Section ;'
2264.052.. Condition on ,Receipt of Public Subsi-•
. .dies. ~ ,
22Ei4.053. __AgreetAent.,l;egarding Repayrggnt of
'Interest. '..
[Sections 2264.054 to 2Lfi4.100 ~ reserved for ex-
• pansionJ
SUBCHAPTER C. ENFORCEMENT •
2264.101. Recovery.
` Chapter 8864, Restrictions..an Use of Certain Public Subsidies, consisting .of ,
~g 8264.001 to Q2~i4.101, .was added by Acts 200,7 ch, 853, ~ 1. ,
,For another G'h,apter 2Q61,, Required Publication and Reporting by~ Gavernrrtental
Entities, consistis!zg of § 2864.001,;. added by Acts 2007, 80th. Leg., ch. 989,. § 8; .and
for Chapter 28fia, Financial Accounting and Reporting, consisting of ~§ 8864.001 to
8864.IQ7, added by Acts ,2007, 80th Leg., ch. 1884, § 2, see, ~§186.y.001 et seq., post.
• SUBClAPTER A.' GENERAL PROVISIONS
§ 2264.001. Definitions ~ ~ - ~ -
In this chapter: -
(1) "Economic development corporation" means a development corporation organized
under the Development. Corporation Act of 1979 (Article 5190.6, Vernan's Texas -Civil
Statutes). .
{2) "Public agenc;y~' means the state or an agency, instrumentality, or political subdivision
of this state, including a county, a municipality, a public school district, or a speaal-purpose
district or authority. -
(3) "Public subsidy"-means a public prograrn•or public benefit or assistance of any.~type
that is designed to stimulate the economic development of a corporation, industry, or sector
of the state's economy or to create or retain jobs in this state. The term includes grants,
loans, loan guarantees,. benefits relating to an enterprise or empowerment zone, fee
waivers, land price subsidies; infrastructure development and improvements designed to
principally benefit a single business or defined group of businesses, matching funds, tax
refunds, tax.rebates, or tax abatements.
(4) ."Undocumented worker" means an individual who, at the time of employfnent, is nvt:
(A) Iawfully admitted for permanent residence to the United States; or
(B) authorized under law to be employed in that manner in the United States.
Added by Aets 2007, 80th Leg., ch. 853, § I, eff. Sept. 1, 2007.
Historical and Statutory Notes -
2007 Legislation
Section 2 of Acts 2007, 80th Leg., ch. 853 pro-
videsi .
"They change in law ;made by this Act applies
only to a public subsidy provided by an economic
development corporation, a taxing jurisdiction, or a
public agency in response to an application for the
subsidy that is received on or after the effective
date of this Act. A public subsidy provided in
response to an application received before the ef-
fective date of this Act is governed by the law as it
existed on the date the applicattion was received,
and the prior law is continued in effect for that
purpose."
87
'.~ 2264.OOI GENERAL GO~VERN2~E11iT
2title IO
~'~ ~ .- {Sections 2.64.002 to 2264.050 . reserved for .expansion]
~„ :.
~:
's~` SUBCHAPTER B. RESTRICTIONS ON USE OF_C~RTAIN PUBLIC
%i. SUBSIDIES 7.'O. EIVIPLQY UNDOCUMENTED WORKERS
• § 2264,051.. Statement 12equired in Application for Public Subsidies
A•.pubIIc..agency, state ox. local. taxing jurisdiction, or economic development corporation
shall- require a'businesS that submits an application to receive a public subsidy to include in
the application a statement certifying that the business, or a`bz~aach,~division, 'or department
of the business; does not and will not"knowingly employ an undgcumented worker.
Added by Acts 2007, 80th Leg., ch. 853, § 1, eff. Sept 1, 2007.
. § 2264.052. Condition on. Receipt of Public Subsidies
. The statement required by Section 2264.051 must state that if, after receiving a public.
subsidy,. the business, or a branch, division, or department of the business, is convicted of a .
violation under 8 U.S.C. Sectiian 1324a(f), the business shall repay the amount of the public
'subsidy with interest, at the rate and according to the other terms provided by an agreement
under Section 2264.053, not later than the 120th day after the date the public a€;ency, state or
local taxing jurisdiction, or economic development ,corporation notifies the business ~of the `
violation- .
Added liy Acts-2007, 80th Leg., ck~. 853, § 1, efP. Sept 1, 2007.
§ 2264.053. Agreement Regarding Repayment of Ynterest
A'public agency, state or local taxing jurisdiction, or economic development corporation,
before awarding. a public subsidy to a business, shall enter into a written agree>.ment with the;
business specifying the rate and terms of the payment of interest if the business is required
to repay the public subsidy.
Added by Acts 2007, 80th Leg., ek:. 853, § 1, eff. Sept 1, 2007-
{Sections 2264.054 to 2264.100 reserved for expansion]
SUBCHAPTER C. ENFORCEMENT
§ 2264.101. Recovery
(a} A.public agency, local taxing jurisdiction, or economic development corporation, or
attorney general on behalf of the state or a state agency, may bring a civfl ae~tion to reco~
.any amounts owed to the public agency, state or local taxing jurisdietien, or econo~
development corporation under this chapter.
(b) The public agency, local taxing jurisdiction, economic development corporation,
attorney general, as applicable; shall recover court costs and reasonable attorney's f
incurred in an action brought under Subsection (a).
(e) A business. is not liable for a violation of this chapter by a subsidiazy, affiliate,
franchisee of the business, or by a person with whom the business contracts.
Added by Acts 2007, 80th Leg., ch. 853, § 1, eff Sept 1, 2007.
CHAPTER 2264. REQUIRED PUBLICATION AND REPORT;[h'G
BAY GOVERNMENTAL ENTITIES
Section '
2264.001. Recording and Reporl3ng o£ Electricity,
Water, and Natural Gas Consump-
tion.
Chapter. QS;tik, Regicir~ul Publiciation cind Reporting by Governmental Entities,'
consisting of § QQ6k.00.i, ;was added by Acts °L007, 80th Leg., ch: 939, § 8.
For another Chapter ~:16k, Restrictions on Use of. Certain Public. Subsidies,
consisting of §~ 2Q6k•00]: to 2264.101, added by Acts 2007, 80th Leg., ch~ 8:i3, § Y, see
188
r