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Home My WebLink About12/15/08 SPECIAL MEETINGDELORIS "BOBBIE"' PRINCE, MAYOR JACK. CHATMAN, JR., MAYOR PRO-TEM COUNCIL MEMBERS: ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, I^ MAR'T'IN FLOOD JOHN BEARD, JR. ROBERT E. W[LLIAMSON D. KAY WISE THOMAS J. HENDERSON AGENDA City Council Special Meeting December 15, 2008 5:30 p.m. STEPHEN FITZG[BBONS CITY MANAGER TERRIHANKS ACTING CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY 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. P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641-1089 • 409/983-8115 • FAX 409/983-8291 Special City Council Meeting City Hall Council Chamber City Of Port Arthur December 15, 2008 5:30 PM 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 Attorney Sokolow Sergeant At Arms: Police Chief Blanton Or Designee II. ITEMS REQUIRING INDIVIDUAL ACTION (1) P.R. No. 14973 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With TOTAL PETROCHEMICALS USA, INC. (2) P.R. No. 14987 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With BASF And FINA (3) P.R. No. 14999 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With BASF CORPORATION FOR THE OLD SANDOZ FACILITY (4) P. R. No. 15000 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With CHEVRON PHILLIPS COMPANY, L. P. SPECIAL MEETING AGENDA DECEMBER 15, 2008 II. ITEMS REQUIRING INDIVIDUAL ACTION -CONTINUED (5) P. R. No. 15001 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With CHEVRON USA, INC. (6) P.R. No. 15002 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With PREMCOR REFINING GROUP, INC. (7) P.R. No. 15003 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With EQUILON ENTERPRISES (8) P. R. No. 15004 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With OXBOW CALCINING, LLC (9) P.R. No. 15005 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With FLINT HILL RESOURCES (10) P.R. No. 15006 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With PRAXAIR, INC. (11) P. R. No. 15032 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With INEOS PHENOL (12) P.R. No. 15033 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With TOTAL EXPANSION (13) P.R. No. 15034 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With AIR PRODUCTS (14) P.R. No. 15035 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With TRANSGLOBAL SOLUTIONS 2 SPECIAL MEETING AGENDA DECEMBER 15, 2008 III. *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 Industrial Business Prospects (2) Section 551.072 Government Code - To Discuss The Value Of Land In The City's ETJ (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Compliance With Industrial District Agreements, Assignments, Hiring And Recruitment Provisions, Extensions And Options For Annexation *The Items In Executive Session May Be Discussed And Acted On In Open Session IV. ADJOURNMENT OF MEETING ******************************************************** NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On December 16, 2008. 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 ******************************************************** 3 RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding t~cer. 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 micropfione 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. Ail remarks shall be addressed to the Coundl as a whole and not to any member thereof. No person other than members of the Coundl 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, pisordedy Conduct By Person Addressing The Coundl; 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 Pub/ic Mear/ng Closed, After a motion has been made pr a public hearing has been dosed, 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. 3. Campaign Speeches Prohibitea/. No persons will be allowed to address the City Coundl by making campaign speeches for or against any candidate who has announced ar 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 dapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitas~%ons 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/ainL~s, Allegations, or Charges Against Individual City Emp/oyee~ No person shall make any complaint, specific allegation, or charge against.an individual City.Employee byname 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. Removes/. If, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such Officer may order film 6o remove himself from the meeting. If he does not remove himself, the Presiding Officer may_ order the Sergeant-at0arms to remove him. Resisting Removes/, Any person who resists removal by the Sergeant-at-arms shall be charged with violatlng 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 affirmatlve 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 Reouestino To Be Heard On enda It~~++~ ~ (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 O Nonresideng. Any nonresident wishing to address the Council shalt notify the City Secretary a d spedfy his interest in the matter being considered. The City Secretary shall present such request to the Presiding Officer.fo~ approval before placing the name on the Agenda. . ScedPic Agenda Item After a motlon, second and discussion by the City Council on any spedfic agenda item, and before a vote is taken, the Presiding Officer shall recognize any citizen in the audience wishing to atldrrss~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 McFetlng posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.