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HomeMy WebLinkAboutDECEMBER 16, 2008 - REGULAR MEETINGREGULAR MEETING -December 16, 2008 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Henderson 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, December 16, 2008 at 5:32 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris Bobbie Prince; Mayor Pro Tem Jack Chatman, Jr.; Councilmembers .Elizabeth "Liz" Segler, Morris Albright, III, Robert E. "Bob" Williamson and Thomas J. "Tom" Henderson; City Manager Steve Fitzgibbons, Acting City Secretary Terri Hanks, First Assistaht City Attorney Valecia "Val" Tizeno, and Sergeant At Arms Chief of Police Mark Blanton. Councilmember Martin Flood was absent from the.Regular Meeting. Councilmember John Beard, Jr. was absent from the Regular Meeting. Councilmember Dawana K. Wise was absent from the Regular Meeting. . II. PROCLAMATIONS & MINUTES Proclamations -None Minutes December 1, 2008 Special Meeting- Upon the motion of Councilmember Albright, seconded by Councilmember Williamson. and carried unanimously, the City Council approved the above-mentioned minutes. December 2, 2008 Regular Meeting Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and carried unanimously, the City Council approved the above-mentioned minutes. December 8, 2008 Special Meeting -Upon the motiori of Councilmember Albright, seconded by Mayor Pro Tem Chatman and carried unanimously, the City Council approved the above-mentioned minutes. December 9, 2008 Special/Joint Meeting -Pleasure Island Commission Upon the motion of Councilmember Albright, seconded by Mayor Pro Tem Chatman, and carried unanimously, the City Council approved the above-mentioned minutes. December 9, 2008 Special Meeting Upon the motion of Councilmember Albright, seconded by Mayor Pro Tem Chatman and carried unanimously, the City Council approved the above-mentioned minutes. VII. ITEMS'REQUIRING INDIVIDUAL ACTION -NON-CONSENT B. Ordinances (4) P. O. No. 5963 - An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The Port Arthur Police Association. Proposed Funding: Police Department Budget Account No. 001-1101-521.11- 00 The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Albright that Proposed Ordinance No. 5963 be adopted. . City of Port Arthur Memorandum TO: Mayor and City Council DATE: 12/16/08 FROM: Harvey L. Robinson, Deputy City Manager RE: Collective Bargaining Negotiation Ref. .Recommendations for Police and Fire Contract Comment I have been notified by Sergeant Scott Gaspard, President Port Arthur Police Association, that the recent contract offer (collective bargaining agreement) was approved by the Association with a 98 to 2 vote. After review of information regarding the competitiveness of the City's entry level police officer salaries, I am recommending that P.O. 5963, which adopts the collective bargaining agreement with the Port Arthur Police Association, be amended to add $50/month to the base wages of offices at the 7 year Step and below; this includes all officers with less than 10 years of service. I believe this addition is in the City's .best interest and is consistent with the City's long standing policy of providing competitive wages to employees. I have discussed this proposal with the City Manager and he concurs with this recommendation. As always, I believe that consistency, fairness and trust are critical factors in contract negotiations. Therefore, in as-much as the Police Association's contract requires the 5% -and 5.5% increase in the second and third year be effective on October 1~ of each year, I am recommending that Resolution 08-347 which approved the collective bargaining agreement with the International Association of Fire Fighters Local 397 be amended to allow them to receive their full wage increases of 5% and 5.5% at the beginning of the 2010 and 2011 fiscal years, respectively. I believe that this is also in the City's best interest to help demonstrate that it will not be disadvantageous to the association which settles first. Please advise should you need additional information. C: City Manager Deputy City Manager Harvey Robinson appeared before the City Council to address inquiries related. to his above-mentioned letter. of recommendation. The motion was made by Councilmember Henderson and seconded. by Councilmember Pebrimonth to thepbase w0ages of offs ers at the sevenn(7)dyear step and below'tional $50 The City Council instructed the Legal Department prepare a resolution to R creauseoof 508 Sand 5 5%I at the beginn nlghof the 2010 and 2011 fiscal yearsmlla Proposed Ordinance No. 5963 was adopted as amended, becoming Ordinance No. 08-122. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. amend r wage City Council Minutes Regular Meeting -December 16, 2008 The caption of Ordinance No. 08-122 reads as follows: ORDINANCE NO. OS-122 AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND .'THE PORT ARTHUR POLICE .ASSOCIATION. PROPOSED FUNDING: POLICE DEPARTMENT BUDGET ACCOUNT NO. 001-1101-521.11-00 IEI. PETITIONS & COMMUNICATIONS A. Speakers -None B. Presentations Presentation By ]amen Green (9th Grade Student) On Youth Classes. Sponsored By The City Of Port Arthur -NOT PRESENT C. Correspondence -None V. UNFINISHED BUSINESS -None VI. CONSENT AGENDA Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and carried unanimously, the following Consent Agenda items were adopted with the exception of :Proposed Resolution No. 15010`. Conse_ n A. Consideration And Approval Of Payment To Stoneburner- Verret E/ectric Company In The Amount Of $6,972.87 For Installation Of Three 35-Ft. Class 2 Poles With Butt Ground And Two Guy Cables Per Pole On Three Individual Sites Which Were Damaged By Hurricane Ike B. Consideration And Approval Of Payment To .Mustang Cat (Through BuyBoard) In The Amount Of $132,902 For The Purchase Of One Caterpillar 928HZ Wheel Loader For The Landfill C. Consideration And Approval Of Payment To R. B, Everett Company In The Amount Of $59,611 For The Purchase Of ATrailer-Mounted DuraPatcher 125D]T Pothole Patcher For The Streets Division D. Consideration And Approval Of Payment To Houston Freight/inerIn The Amount Of $83,148.99 For Repairs To A 2005 Chrysler Daimler Bus (Equipment #1577) E, FYOense Reports: :Councilmember Bob Williamson: Attended 96th Annual TML Conference, San Antonio, TX $ 1,612.77 October 28-31, 2008 s City Council Minutes Regular Meeting -December 16, 2008 Councilmember Dawana Wise: Airport Parking While Attending Annual NLC Conference, Orlando, FL November 10-16, 2008 $ 105.00 Actin4 Citv Secretary Terri Hanks: Attended LT System's 2008 Court User Conference, The Woodlands, TX December 4-5, 2008 $ 540.49 Attended 20a' Annual TX Secretary Of State Election Law Seminar, .Austin, TX December 7-10, 2008 $ 1,649.40 .Resolutions -Consent (1) P. R. No. 14985 - A Resolution Awarding A Bid And Authorizing The Execution Of A Contract With Cordon's Lawn Service For Grass Cutting Services Of Privately- Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area B, To Be Charged To Account No. 001- 1401-551.59-00 Proposed Resolution No. 14985 was adopted becoming Resolution No. 08-475. (2)' P. R. No. 14986 - A Resolution Awarding A Bid And Authorizing The 'Execution Of A Contract With Cordon's Lawn Service For Grass Cutting Services Of Privatety- Owned And City-Owned Vacant 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. 14986 was adopted becoming Resolution No. 08-476. (3) P. R. No. 14993• - A Resolution Awarding A Bid And Authorizing The Execution Of A Grass Mowing Contract To Southeast Texas Lawn Maintenance For Grass Cutting Services Of Privately-Owned And City-Owned Developed .Lots In An Area Of The City Designated As Area B, To Be Charged To Account No. 001-1401-551.59-00 Proposed Resolution No. 14993 was adopted' becoming Resolution No. 08-477. (4) P. R. No. 14994 - A Resolution Authorizing The Award Of A Contract To Cordon's Lawn Service For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area C, To Be Charged To Account No. 001-,1401-551.59-00 Proposed Resolution No. 14994 was adopted becoming Resolution No. 08-478. (5) P. R. No._14995 - A Resolution .Awarding A Bid And .Authorizing The Execution Of A Grass Mowing Contract With Southeast Texas Lawn Maintenance For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area C, To Be .Charged To Account No. 001-1401-551.59-00 Proposed Resolution No. 14995 was adopted becoming Resolution No. 08-479. 4 City Council Minutes Regular Meeting -December 16, 2008 (6) P. R. No. 15010 - A Resolution Accepting A Water Utility Easement From J)AT Property Development, LLC For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur Proposed Resolution No. 15010 was held for individual discussion. (7) P. R. No. 15015 - A Resolution By The City Council Of The City Of Port Arthur Requesting Financial Assistance From The Texas Water. Development Board; Authorizing The - Filing Of An Application For Assistance; And Making Certain Findings In Connection Therewith Proposed Resolution No. 15015 was adopted becoming Resolution No. 08-480. (8) P. R. No. 15019 - A Resolution Accepting The Sub- Recipient Award For The 2008 State Homeland Security Grant Program Projected At $135,000 For The State Homeland Security Program (SHSPj And $15,025.20 For The Law Enforcement Activities Program (LEAP) For A Total Award Of $150,025.20 Proposed Resolution No: 15019 was adopted becoming Resolution. No. 08-481. (9) P. R. No. 15020 -'A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And Fairway Plaza, LLC For The Payment Of Delinquent Water, Sewer And Garbage Accounts Proposed Resolution No. 15020 was adopted becoming Resolution No. 08-482. (10) P. R. No. 15027 - A Resolution Authorizing The City Manager And Interim Director Of Parks And Recreation To Submit An Application For The 2009 National Recreation And Park Association Action Communities For Health, Innovation And Environment (ACHIEVE) Grant Proposed Resolution No. 15027 was adopted becoming Resolution No. 08-483. (11) P. R. No. 15029 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $120,650.00 For The 39`" Street Lift Station Force. Main Diversion Project No. 426013,- Between The City Of Port Arthur And SIMCO Enterprises, LTD, Of Groves, Texas, Account No. 426-1625-532.83-00, Project No. 426013 Proposed Resolution No. 15029 was adopted becoming Resolution No. 08-484. (12) P. R. No. 15030 - A Resolution To Approve And Accept The Certificate Of Substantial Completion For Renovations To :The Second Floor Of The Port Arthur Health Department Proposed Resolution No. 15030 was adopted becoming Resolution No. 08-485. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT Resolutions -Consent (6) P. R. No. 15010 - A Resolution Accepting A Water Utility Easement From JJAT Property Development, LLC For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur 5 City Council Minutes Regular Meeting- December 16, 2008 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and. seconded by Councilmember Williamson that Proposed Resolution No. 15010 be adopted. First Assistant City Attorney Valecia Tizeno addressed. inquiries related to the proposed easement. . Proposed Resolution No. 15010 was adopted becoming Resolution No. 08-486. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. The caption of Resolution No. 08-486 reads as follows: RESOLUTION NO. 08-486 A RESOLUTION ACCEPTING A WATER UTILITY EASEMENT FROM ]JAT PROPERTY DEVELOPMENT, LLC FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CITY OF PORT ARTHUR A. Resolutions (1) P. R. No. 14827 - A Resolution Appointing Or Reappointing A Member Or Members To The Pleasure Island Commission The Mayor introduced the above-mentioned Proposed Resolution. Acting Citv Secretary Terri Hanks read the following appointment into the record: District 3 Councilmember Morris Albright nomination to the Pleasure Island Commission: Mr. David Albright The motion was made by Councilmember .Henderson and seconded by Councilmember Williamson that Proposed Resolution No. 14827 be adopted with the appointment of Mr. David Albright to the Pleasure Island Commission. Proposed Resolution No. 14827 was adopted becoming Resolutidn No. 08-487. Voting Yes: Mayor Prince;_Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. The caption of Resolution No. 08-487 reads as follows: RESOLUTION NO. 08-487 A RESOLUTION APPOINTING OR REAPPOINTING A MEMBER OR MEMBERS TO THE PLEASURE ISLAND COMMISSYON B. Ordinances (2) P. O. No. 5957 - An Ordinance Designating A Reinvestment Zone For Tax Abatement On A 134.019 Acre Tract Of Land 6 City Council Minutes Regular Meeting -December 16, 2008 And On A 19.916 Acre Tract Of Land That Texas Offshore Port System Company, LLC Plans To Build A New Crude Oils Storage Terminal The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by -Mayor Pro Tem Chatman and unanimously carried, Proposed Ordinance No. 5957 was removed from the Agenda. Proposed Ordinance No. 5957 was removed. (3) P. O. No. 5962 - An Ordinance Authorizing Special Warranty Deeds For Property To Beaumont Habitat For Humanity The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Williamson and seconded by Councilmember Albright that Proposed Ordinance No. 5962 be adopted. First Assistant City Attorney Valecia Tizeno addressed the proposed property locations. Proposed Ordinance No. 5962 was adopted becoming Ordinance No. 08-123. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. The caption of Ordinance No. 08-123 reads as follows: ORDINANCE NO. 08-123 AN ORDINANCE AUTHORIZING SPECIAL WARRANTY .DEEDS FOR PROPERTY TO BEAUMONT HABITAT FOR HUMANITY A. Resolutions (16) P. R. No. 15016 - A Resolution Approving The Award Of A Bid By The City of Port Arthur Section 4A Economic Development Corporation And Authorizing The Execution Of A Contract For Construction, Of Water, Sanitary Sewer, Paving And Drainage Facilities To Serve The Port Arthur EDC Business. Park Phase II, Contract i -Project No, EDC- 090 Located At 9555 W. Port Arthur Road To Excavators & Contractors, Ltd. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Albright, seconded by Mayor Pro Tem Chatman and carried unanimously, Proposed Resolution. No. 15016 was .adopted becoming Resolution No. 08-488. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. The caption of Resolution No. 08-488 reads as follows: RESOLUTION N0. 08-488 City Council Minutes Regular Meeting -December 16, 2008 A RESOLUTION APPROVING THE AWARD OF A BED BY THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR CONSTRUCTION OF WATER, SANITARY SEWER, PAVING AND DRAINAGE FACILITIES TO SERVE THE.PORT ARTHUR EDC BUSINESS PARK PHASE II, CONTRALTI - PROJECT NO. EDC-090 LOCATED AT 9555 W. PORT ARTHUR ROAD TO EXCAVATORS & CONTRACTORS, LTD. (17) P. R. No. 15018 - A .Resolution Authorizing An Amendment To The .Program Guidelines And Contract For The "On-The- )ob" Training" Program Sponsored By The City Of Port Arthur Section 4A Economic Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Williamson that Proposed Resolution No.-15018 be adopted. EDC Chief Executive Officer Floyd Baptist appeared before the City Council to address inquiries related to the "On-The-Job Training" guideline amendmeht. Mayor Pro Tem Chatman requested that the EDC provide a 90-day status report. Proposed Resolution No. 15018 was adopted b"ecoming Resolution No. 08-489. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. The caption of Resolution No: 08-489 reads as follows: RESOLUTION NO. 08-489 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE PROGRAM GUIDELINES AND CONTRACT FOR THE "ON-THE-]OB" TRAINING" PROGRAM SPONSORED BY THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION (22) P. R. No. 15036 - A Resolution As It Pertains To The Department Club (Requested By The City Manager) The Mayor introduced the above-mentioned Proposed Resolufion The motion was made by Councilmember Williamson and seconded by Councilmember Henderson that Proposed Resolution No. 15036 be adopted. The City Manager stated that the proposed resolution would allow the City to assume maintenance of the Department Club and discussed usage options. Councilmember Henderson commented on the historical significance of the Department Club. Proposed Resolution No. 15036 was adopted becoming Resolution No. 08-490. s City Council Minutes Regular Meeting -December 16, 2008 Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. The caption of Resolution No. 08-490 reads as follows: RESOLUTION NO. 08-490 A RESOLUTION AS IT PERTAINS TO THE DEPARTMENT CLUB (REQUESTED BY THE CITY MANAGER) (4) P. R. No. 14992 - A Resolution As It Pertains To Authorising The City Manager To Execute A Tax Abatement Agreement With Texas Offshore Port System Company LLC (TOPS) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Albright, seconded by Councilmember. Williamson and unanimously carried, Proposed Resolution No. 14992 was removed from the Agenda. Proposed Resolution No. 14992.was removed. (S) P. R:. No. 14997 - A'Resolution Authorizing .Funding Not To , Exceed $30,000 For An Economic Development Strategic Assessment And Implementation Plan Focusing On The Downtown Area Of Port Arthur To Be Developed By -The International. Economic Council; Said Funding Contingent On The City Council Of The City Of Port Arthur Concurrently Providing 'Funding For The Assessment And Plan; Said Funding Further Subject To .Execution Of A Contract .For 'The Assessment And Plan, Including Agreed Timetables As To Payments And Deliverables The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tem Chatman and unanimously carried, Proposed Resolution No. 14997 was adopted becoming Resolution No. 08-491. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. The caption of Resolution No. 08-491 reads as follows: RESOLUTION NO. 08-491 A RESOLUTION AUTHORIZING FUNDING .NOT TO EXCEED $30,000 fOR ' AN ECONOMIC DEVELOPMENT STRATEGIC ASSESSMENT AND. IMPLEMENTATION PLAN FOCUSING ON THE DOWNTOWN AREA OF PORT ARTHUR TO BE 'DEVELOPED BY THE INTERNATIONAL ECONOMIC COUNCIL; SAID FUNDING- CONTINGENT ON THE CITY COUNCIL OF THE CITY OF PORT ARTHUR CONCURRENTLY PROVIDING FUNDING 9 City Council Minutes Regular Meeting -December 16, 2008 FOR THE ASSESSMENT AND PLAN; SAID FUNDING FURTHER SUBJECT TO EXECUTION OF A CONTRACT FOR THE .ASSESSMENT AND PLAN, INCLUDING AGREED TIMETABLES AS TO PAYMENTS AND DELIVERABLES (14) P. R. No. 15007- A Resolution Approving The Payment Of $34,000 To GreeneHilLAcres Phase I, LP The Mayor introduced the above-mentioned. Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem Chatman that Proposed Resolution No. 15007 be adopted. Public Works Director Ross Blackketter stated the development includes sidewalks. Proposed Resolution No. 15007 was adopted becoming Resolution No. 08-492. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. The caption of Resolution No. 08-492 reads as follows: RESOLUTION NO. 08-492 A RESOLUTION APPROVING THE PAYMENT OF $34,000 TO GREENEHILL ACRES PHASE I, LP (15) P. R. No. 15009 - A Resolution Appointing Or Reappointing A Member Or Members To The Construction -Board Of Adjustments And Appeals The Mayor introduced the above-mentioned Proposed Resolution. Acting Citv Secretary Terri Hanks read the following appointment into the record: Mayor Prince's nomination to the Construction Board of Adjustments and Appeals: Ms. -Dinah Barriere The motion was made by Councilmember Albright and seconded by Councilmember Williamson that Proposed Resolution No. 15009- be adopted with the appointment of Ms. Dinah Barriere to the Construction Board of Adjustments and Appeals. Proposed Resolution No. 15009 was adopted becoming Resolution No. 08-493. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. The caption of Resolution No. 08-493 reads as follows: RESOLUTION NO. 08-493 A RESOLUTION APPOINTING OR .REAPPOINTING A MEMBER OR MEMBERS City Council Minutes Regular Meeting -December 16, 2008 io TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS City Attorney Mark Sokolow joined the Regular Meeting at 6:04 p.m. The City Council recessed their Regular Meeting at 6:04 p.m. and reconvened their Regular Meeting at 6:24 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson; City Manager Fitzgibbons; Acting City Secretary -Hanks, City Attorney Sokolow and Sergeant At Arms Chief of Police Blanton. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (2) P• R. No. 14973 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With TOTAL PETROCHEMICALS USA, INC. Mayor Prince announced that Proposed Resolution No. 14973 was adopted by the City Council on December 15; 2008 and became Resolution No. 08-466. The Mayor stated the Industrial District Agreement has been executed. (3) P. R. No. 14987- A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With BASF CORPORATION And TOTAL PETROCHEMICALS USA, INC. Mayor Prince announced that Proposed Resolution No. 14987 was adopted by the City Council on December 15, 2008 and became Resolution No. 08-467. The Mayor stated :the Industrial District Agreement has been executed. (6) P. R. No. 14999 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With BASF CORPORATION FOR THE OLD SANDOZ FACILITY Mayor Prince announced that Proposed Resolution No. 14999 was adopted by the City Council on December 15, 2008 and became Resolution No. 08-468. The Mayor stated the Industrial District Agreement has been executed. (7) P. R. No. 15000 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With CHEVRON PHILLIPS COMPANY, L.P. Mayor Prince announced that Proposed Resolution No. 15000 was adopted by the City Council on December 15, 2008 and became Resolution No. 08-469. The Mayor stated the Industrial District Agreement -has been executed. (8) P. R. No. 15001 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With CHEVRON.USA, INC. The Mayor introduced the above-.mentioned Proposed Resolution. Upon motion of Councilmember Henderson, seconded by Councilmember Williamson and carried unanimously, Proposed Resolution No. 15001 was removed from the Agenda. Proposed Resolution No. 15001 was removed. (9) P. R. No. 15002 - A Resolution Authorizing The City Manager To Execute An Yndustrial District Agreement With PREMCOR REFINING GROUP, INC. City Council Minutes Regular Meeting -December 16, 2008 The Mayor introduced the above-mentioned Proposed Resolution. City Attorney Mark Sokolow read the following notations into the record: • Premcor Refining received an updated Industrial District Agreement. • The updated agreement reflects authorization for the City Manager to execute the Industrial District Agreement with Premcor. • Former Senator Carl Parker has executed the Industrial District Agreement on behalf Premcor. The motion was made by Councilmember Albright and seconded by Councilmember Williamson that Proposed Resolution No. 15002 be adopted with the comments as stated-above by the City Attorney. Proposed Resolution No. 15002 was adopted becoming Resolution No. 08-494. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. The caption of Resolution No. 08-494 reads as follows: RESOLUTION NO. 08-494 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH PREMCOR REFENING GROUP, INC. (10) P. R. No. 15003 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With EQUILON .ENTERPRISES Mayor Prince announced that Proposed Resolution No. 15003 was adopted by the City Council on December 15, 2008 and became Resolution No. 08-470. The Mayor stated the Industrial District Agreement has not been executed. (li) P. R. No. 15004 - A Resolution Authorizing The City Manager to Execute An Industrial District Agreement With OXBOW CALCINING, LLC Mayor Prince announced that Proposed Resolution No. 15004 was adopted by the City Council oh December 15, 2008 and became Resolution No. 08-471. The Mayor stated the Industrial District Agreement .has been executed: (12) P. R. No. 15005 - A Resolution Authorising The City Manager To Execute An Industrial District Agreement With FLINT HILL RESOURCES The Mayor introduced the above-mentioned Proposed Resolution. City Attorney Mark Sokolow read the following notations into the record: • Flint Hill Resources received an updated Industrial District Agreement. • The updated agreement reflects authorization for the- City Manager to execute the Industrial District Agreement with Flint Hill Resources. iz City Council Minutes Regular Meeting -December 16, 2008 The motion was made by Councilmember Albright and seconded by Councilmember Williamson that Proposed Resolution No. 15005 be adopted with the comments as stated-above by the City Attorney. Proposed Resolution No. 15005 was adopted becoming Resolution No. 08-495. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. The caption of Resolution No. 08-495 reads as follows: RESOLUTION NO. 08=495 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT .AGREEMENT WITH FLINT HILL RESOURCES (13) P. R. No. 15006 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With PRAXAIR, INC. Mayor Prince announced that Proposed Resolution No. 15006 was adopted by the City Council on December 15, 2008 and became Resolution No. 08-472. The Mayor stated the Industrial District Agreement has been executed. (18) P. R. No. 15032 - A Resolution Authorizing The -City Manager To Execute An Industrial .District Agreement With INEOS PHENOL Mayor Prince announced that Proposed Resolution No. 15032 was adopted by the City Council on December 15, 2008 and became Resolution No. 08-473. The Mayor stated the Industrial District Agreement has not been executed. (19) P R. No. 15033 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With TOTAL FOR THEIR EXPANSION Mayor Prince announced that Proposed Resolution No. 15033 was adopted by the City Council on December 15, 2008 and became Resolution No. 08-474. The Mayor stated the Industrial District Agreement has been executed. (20) P. R. No. 15034 - A Resolution Authorizing The City Manager To Execute An Industrial .District Agreement With AIR PRODUCTS The Mayor introduced the above-mentioned Proposed Resolution. .Upon the motion of Councilmember Albright, seconded by Councilmember Henderson and carried unanimously, Proposed Resolution No. 15034 was removed from the Agenda. Proposed Resolution No. 15034 was removed. (21) P. R. No. 15035 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With TRANSGLOBAL SOLUTIONS The Mayor introduced the above-mentioned Proposed Resolution. >> City Council Minutes Regular Meeting -December 16, 2008 Upon the motion of Councilmember Albright, seconded by Councilmember Henderson and carried unanimously, Proposed Resolution No. 15035 was removed from the Agenda. Proposed Resolution No. 15035-was removed. B. Ordinances (1) P. O. No. 5925 - An Ordinance Annexing Land That Was The Subject Of Endustrial District Agreements That Will Expire On December 31, 2008, Land Adjacent Thereto, As Well As Annexing Substations And Metering Locations Pursuant To Chapter 43 Local Government Code, V.T.C.A. The City Manager introduced the above-mentioned Proposed Ordinance. City Attorney Mark Sokolow read the followino revised version of Proposed Ordinance No. 5925 into the record: ' WHEREAS, the City required service plans be prepared, pursuant to Resolution No. 08-296; and WHEREAS, the proposed service plans were prepared and are attached to Resolution No. 08-335; and WHEREAS, the City held public hearings on November 11, 2008 and November 18, 2008, pursuant to Resolution No. 08-358,• and WHEREAS, the City Council deems it in the public interest to .annex the following land as described herein as owned, possessed or leased by the following, as well as the substations and metering locations therein: Tract I -Exhibit "I" as it pertains to: • Ineos Phenol (Cumene Unit within the Chevron Phillips Plant) and a corridor thereto • Equilon Tract II -Exhibit "II": + Chevron USA Tract III -Exhibit "EII": • Flint Hill Resources and Huntsman -and WHEREAS, the effective date of the annexations will be December 31, 2008 at 11:59 p.m.; and WHEREAS, if Ineos Phenol signs and returns the Industrial District Agreement that was approved by Resolution No. 08-473 by December 23, 2008, this Ordinance will not be effective as to the land described. in Exhibit "A" to the Industrial District Agreement with Ineos_ Phenol approved in Resolution No. 08-473 and the corridor thereto; and WHEREAS, if Equilon signs and returns-the Industrial District that was approved by Resolution No. 08-470 by December 23, 2008, this Ordinance will not be effective as to the land described in Exhibit "A" to 14 City Council Minutes Regular Meeting -December 16, 2008 the Industrial District Agreement with Equilon approved in Resolution No. 08-470; and WHEREAS, if Flint Hill Resources signs and returns the Industrial District Agreement that was approved by P.R. No. 15005 by December 23, 2008, this Ordinance will not be effective as to the land described in Exhibit "A" to the Industrial District Agreement with -Flint Hill Resources and. as described in Exhibit "III" -Tract 3 to this Ordinance. NOW THEREFORE, 8E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the service plans that were attached to Resolution 'No. 08-335 are herein approved and .adopted for the tracts delineated herein. .Section 3. That the following land described below is hereby annexed (including the substations and metering locations therein) and shall henceforth be a part of the City of Port Arthur for all purposes .and shall be subject of all the laws, rules, regulations, and ordinances of the City: Tract E -Exhibit "I" as it pertains to: • Ineos Phenol (Cumene Unit within the Chevron Phillips Plant) and a corridor thereto • Equilon Tract II -Exhibit "II": • Chevron USA Tract III -Exhibit "III": • -flint Hill Resources and Huntsman .Section 4. That the territory described in Exhibits "I", "II", and °III" shall become a part of Council District No. 4. Section 5. That if Ineos Phenol signs and returns the Industrial District Agreement that was approved by Resolution No. 08-473 by December 23, 2008, this Ordinance will not be effective as to the land described in Exhibit "A" to the Industrial District Agreement with Ineos Phenol approved in Resolution No. 08-473 and a corridor thereto. Section b. That if Equilon signs and returns the- Industrial District Agreement that was approved by Resolutiorr No. 08-470 by December 23, 2008, this Ordinance will not be effective as to the land described in Exhibit "A" to Resolution No. 08-470. Section 7. That if Flint Hill Resources signs and returns the Industrial District Agreement that -was approved by P. R. No. 15005 by December 23, 2008, this Ordinance will not be effective as to the land described in Exhibit ~~A" to P.R. No. 15005. Section 8. That should any part of this Ordinance be declared invalid by a Court of Competent Jurisdiction, it shall no affect or vary the remaining parts of this Ordinance. is City Council Minutes Regular Meeting -December 16, 2008 Section 9. That this Ordinance shall take effect on December 31, 2008 at 11:59 p.m. .Section 10. That. the City Attorney shall notify the .Justice Department of the annexations. Section ii. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and carried unanimously, Proposed Ordinance No. 5925 was adopted as amended by the City Attorney becoming Ordinance No. 08-124. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: None. The caption of Ordinance No. 08-124 reads as follows: ORDINANCE NO. 08-124 AN ORDINANCE ANNEXING LAND THAT WAS THE SUBJECT OF INDUSTRIAL DISTRICT AGREEMENTS THAT WILL EXPIRE ON .DECEMBER 31, 2008, LAND ADJACENT THERETO, AS WELL AS .ANNEXING SUBSTATIONS AND .METERING LOCATIONS PURSUANT TO CHAPTER 43 LOCAL GOVERNMENT CODE, V.T.C.A. C. *Reoorts And Recommendations -.None VIII. REPORTS OF BOARDS & COMMITTEES -None IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Mavor Prince: 1. .Mayor Prince .announced that the "One-Block-At-A-Time" community clean-up program has begun and volunteers are needed. 2. She requested an amendment to Resolution No. 08-347, the Fire Fighter Collective Bargaining Agreement, to include Mr. Robinson's recommendations for the next meeting. 3. The Mayor extended holiday greetings. Mavor Pro Tem Chatman: Mayor Pro Tem Chatman requested the Pop Warner Football Team be recognized in a proclamation. Councilmember Williamson: 1. Councilmember Williamson requested to attend the Texas Department of Transportation Annual Forum on January 5-7, 2009 in Austin. 2. He requested information on housing projects receiving tax credits. 3. The Councilmember requested that qualified employees receive compensation for cellular telephone usage during Hurricane Ike. 16 City Council Minutes Regular Meeting -December 16, 2008 Councilmember Albright: Councilmember Albright announced that Motiva has agreed to repair 39th Street. He estimated the construction could begin as early as January 2009, pending the completion of the current sanitary sewer improvement project. Councilmember Albright noted the street damages are due to the .buses transporting workers fo the refinery expansion project. Mayor Pro Tem Chatmah left the Regular Meeting at 6:45 p.m. The City Council recessed their Regular Meeting at 6:45 p.m. and reconvened their Regular Meeting at 7:03 p.m. with the following .members present: Mayor Prince; Councilmembers Segler, Albright, Williamson .and Henderson; City Manager Fitrgibbons; Acting City Secretary Hanks, City Attorney Sokolow and Sergeant At Arms Blanton. YV. PUBLIC HEARINGS - 7:00 PM TO CONSIDER WHETHER OR NOT TO CREATE A REINVESTMENT ZONE FOR TAX ABATEMENT ON "134.019 ACRE TRACT, ALSO BEING ALL OF LOTS 1,2,3,7, AND 8 AND A PORTION OF LOTS 4,5, AND 6, BLOCK 11, RANGE "O", ATTACHED HERETO AS EXHIBIT "A". 19.916 ACRE TRACT, ALSO BEING OUT OF LOTS 5 AND 6, BLOCK il, -RANGE "O", ATTACHED HERETO AS EXHIBIT ..B„. The Mayor introduced the above-mentioned Public Hearing at 7:05 p.m. The City Manager gave an overview of the proposed creation of a reinvestmentzone. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the .proposed creation of a reinvestment zohe. No one appeared before the City Council. to address the above-mentioned item. Upon the motion by Councilmember Williamson, seconded by Councilmember Segler and carried unanimously, the City Council closed the Public Hearing at 7:05 p.m. X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Albright, seconded by Councilmember Williamson, and carried unanimously, the City Council adjourned their meeting at 7:05 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 December 16, 2008. APPROVED: i~ City Council Minutes Regular Meeting -December 16, 2008 ,