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Home My WebLink AboutFEBRUARY 10, 2009 REGULAR MEETINGREGULAR MEETING -February 10, 2009 I. INVOCATION, PLEDGE & ROLL CALL Mayor Pro Tem Chatman 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, February 10, 2009 at 5:41 p.m. in the City Council Chamber, City Hall, with the ~Followir~g members present: Mayor Deloris "Bobbie" Prince; Mayor Pro TE~m Jack Chatman, Jr'.; Councilmembers Elizabeth "Liz" Segler, Morris Albright, III, John Beard, Jr., F:obert E. "Bob" Williamson, Dawana K. Wise and Thomas J. ~~Tom" Henderson; City Manager Steve Fitzgibbons, Acting City Secretary Terri Hanks, City Attorney Mark T. ;Sokolo~N, and Sergeant At Arrns Chief of Police Mark Blanton. Councilmember Martin Flood joined the Regular Meeting at 5:46 p.m. II. PROCLAMATIONS & MINUTES Proclamations "Port Arthur Cowboys Day" -February 10, 2009 Mayor Prince read the above-mentioned proclamation later during the Regular Meeting. Minutes January 27,, 2009 Regular Meeting Upon the .motion of Councilmember Albright, seconded by Mayor Pro Tem Chatman and carried unanimously, the City Council approved the above-mentioned minutes. III. PETITIONS & COMMUNICATIONS A. Speakers (1) Chris Underhill Regarding Upkeep Of Port .Arthur - NCIT PRESENT (2) Virginia Dudley Regarding Trash Collection -NOT PRESENT (3) Frances Griffin Regarding "Help Us Be A Family And Get In Shape", A Track At Eagles Park -NOT PRESENT Councilmember Flood arrived at 5:46 p.m. (4) Mayor Brad Bailey, City Of Groves, Regarding Underdeveloped Property On Hogaboom Road Arid Highway 347 City of Groves Mayor Brad Bailey, 6198 Jackson Boulevard, Groves, Texas, <~ppeared before the City Council to request consideration in disannexing approximately 1:en acres from the City of Port Arthur. Mayor Bradley stated that the property is north of the Church of Christ and the Time Warner Cable Building on Highway 347 and that the property is owned by Champion Developers. Groves City Manager Dee Sosa distributed correspondence as shown in Exhibit `~A". At the request of Mayor Prince, the following discussion was entered into the record: Mayor Prince: Mayor Bailey, for the record, would you explain what happened to tree existing businesses that are in Port Arthur and have no desire to change their address? Because, when this came up before, I think I told you that there were several businesses who said they wanted to remain in the Citty of Port Arthur. They did not want to be in the City of Groves. So, I think we talked about that the other day. Mayor Bailev: Yes. There was one (business) that I know of and I think it is the fencing company. If you look at the colored topographical map (Exhibit 'A'), ~nre have excluded all of those businesses. So, you know, we would not k-e involving them whatsoever any address changes, zip codes or anything. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT C. *Reports And Recommendations (5) Report As To Possible EDC Proposition Oir Propositions For May 2009 Special Election Economic Development Corporation (EDC) Board Director Kerry Thomas, 3010 34tH Street, appeared before the City Council to request consideration in calling a special election to use Section 4A funding for Section 4B projects. Mr. Thomas distributed correspondence from Attorney Guy Goodson as shown in Exhibit "'B". EDC Chief Executive Officer Floyd Batiste appeared before the City Council to address the importance of a ballot proposition to allow EDC funds for demolition and infrastructure improvements specifically targeted for the downtown area. City Attorney Mark Sokolow acknowledged that a special election must be called and that several public hearings must be held to meet the legal requirements of presenting a proposition to the voters. Councilmember Wise left the Regular Meeting at 6:10 p.m. II. PROCLAMATIONS & MINUTES Proclamations "Port Arthur Cowboys Day" -February 10, 2009 The following members of the Port Arthur Cowboys football te<~m and coaching staff appeared before the City Council to accept the proclamation honoring them for their accomplishment in winning the Gulf Coast Pop Warner Champioinship, the Pop Warner Qualifier in Houston, the Semi Finals in San Antonio and the Southwest Region in College Station; and for participating in the Pop Warner Super Bowl in Florida: Port Arthur Cowboys Team Members: Cornelius Levine Kaleb Angelle Khalil Francis Davon Mitchell Willie Cockrell Dandrea Hill Jeremiah Jacobs Tyree Pete Albert Jacobs, III Herbert Mouton Bailey Newcost Daverell May 7ayante' Alpough Isaiah Seltzer Reginald Harris, Jr. Taylor LaBrie 7he'rod Jones ]avonta Jack Rodney Kinchen Dylan Polk Kenan Washington 7avontae Broussard City Council Minutes 2 Regular Meeting - February 10, 2009 Port Arthur Cowboys Coaching Staff: Head Coach Ray Jones Assistant Coach ]onathan Brown Assistant Coach Roy Mitchell Assistant Coach Willie Cockrell Assistant Head Coach Raymond ]onE;s Assistant Coach Carroll LeBlanc Assistant Coach Leroy Simon Assistant Coach Curry Cannon III. PETITIONS & COMMUNICATIONS B. Presentations U.S. Census 2010 -Complete Count Committee -Billy Pruett, Partnership Specialist, U.S. Census Bureau The above-mentioned presentation was postponed for the next Regular Council Meeting. Mayor Prince announced that information regarding the U.S. Census 2010 will be in the Sunday edition of the Port Arthur News C. Correspondence -None VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT (5) P. O. No. 5977 - An Ordinance Amending Section 22-162 Of The Code Of Ordinances As It Pertains To Metal Recycling Facilities, Requiring Vehicles That Carry Scrap That Is Af Such A Nature That It Can Fall Out Of The Truck To Have A Tarp, Providing For Publication And Providing For A Penalty Which Includes A Fine Not Exceeding Two Thousand Dollars (Requested By The Mayor) Councilmember Albright filed a Conflict of Interest Affidavit with the Acting City Secretary and recused himself from any discussion or action in regards to the above- mentioned Proposed Ordinance. The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Williamson and secondled by Mayor Pro Tenn Chatman that Proposed Ordinance No. 5977 be adopted. Chief of Police Mark Blanton appeared before the City Council to recommend that the Proposed Ordinance include language addressing tarp requirements for trailers. The motion was made by Councilmember Flood and secondE~d by Councilmember Beard that Proposed Ordinance No. 5977 be adopted with the inclusion of r~equirirn~ tarps for trailers carrying scrap. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilrriembers Segler, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Ordinance No. 09-07 reads as follows: ORDINANCE NO. 09-07 AN ORDINANCE AMENDING SECTION 22- 162 OF THE CODE OF ORDINANCES AS IT PERTAINS TO METAL RECYCLING FACILITIES, REQUIRING VEHICLES THAT CARRY SCRAP THAT IS OF SUCH A NATURE THAT IT CAN FALL OUT OF THE TRUCK TO HAVE A TARP, PROVIDING City Council Minutes 3 Regular Meeting -February 10, 2009 FOR PUBLICATION AND PROVIDING FOR A PENALTY WHICH INCLUDES A FINE NOT EXCEEDING TWO THOUSAND DOLLARS (REQUESTED BY THE MAYOR) V. UNFINISHED BUSINESS P. R. No. 15077 - A Resolution As It Pertains To The Permit Application Of Triangle Waste Councilmember Albright filed a Conflict of Interest Affidavit with the Acting Ci~ry Secretary and recused himself from any discussion or action in regards to the above- mentioned Proposed Resolution. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember Beard that Proposed Resolution No. 15077 be adopted. Public Works Director Ross Blackketter appeared before the City Council to address inquiries related to industrial wastewater discharge. Port Iron Owner David Albright, 3750 South M.L. King, appeared before the Cit,~ Council to discuss industrial wastewater discharge permits requiring Best Management Plans. Mr. Albright addressed issues related to State and Federal industrial wastewater discharge reporting„ City Attorney Mark Sokolow read the following amendments into t:he record: Section 2. That Triangle Waste is herein granted a permit or license to operate a metal recycling facility at 2340 S. Gulfway Drive until (December 3'.1, 2010, wherein Triangle Waste will be required to file a renewal application. Section 3. If the truck or trailer carries scrap which is of such a nature that it can fill out of the truck or trailer, the driver shall cover the truck or trailer with a tarp. The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember Beard that Proposed Resolution No. 15077 be adopted with the amendments as stated by the City Attorney. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilrriembers Segler, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-035 reads as follows: RESOLUTION NO. 09-035 A RESOLUTION AS IT PERTAINS TO THE PERMIT APPLICATION OF TRIANGLE WASTE Councilmember Albright returned to the City Council Chamber. VI. CONSENT AGENDA City Council Minutes 4 Regular Meeting -February 10, 2009 Upon the motion of` Councilmember Williamson, seconded by Mayor Pro Tem Chatman and carried unanimously, the following Consent Agenda items were adopted with tree exception of Proposed Resolution No. 15074: A. Consideration And Approval Of Payment To H-GAIC (Through Rush Truck Centers Of Texas) In The Amount Of $189,848 For The Purchase Of A 2009 GMC C8500 Trash Truck With Loader And A 40 CY Trash Trailer B. Consideration And Approval Of Payment To Power/ine Industries In The Amount Of $8,995 For The Purchase Of A Mobile Pressure Washer For The Fire Department C. Consideration And Approval Of Payment To Environments/ Improvements, Inc,, In The Amount Of $8,934 For Thie Purchase Of A Positive Displacement (Progressive Cavity) Sludge Pump D. Consideration And Approval Of Payment To ACFM, Inc,, ]:n The Amount Of $10,435 For The Purchase Of A Blower For The Main Wastewater Treatment Plant E. Consideration And Approval Of Payment To BLOC Design- Bui/d, LLC In The Amount Of $23,975 For The Purchase Of Radia Telemetry Systems For Several High Level Alarms At The Main Wastewater Treatment Plant F. Consideration And Approval Of Payment To NAH, Inc., ]:n The Amount Of $6,928 For Repairs To Gym Floor At Recreation Center G. Consideration And Approval Of Payment Ta A&A E/ect~ic Company In The Amount Of $22,247 For Installation Of A New Electric Service And Main Breaker (Damaged By Hurricane Ike) At The Electrical Shop H. Consideration And Approval Of Payment To Wa/ker's E/ectric In The Amount Of $6,500 For Installation Of A Fusible Disconnect At The City Garage (103 H. O. Mills Boulevard) I. Consideration And Approval Of Payment To Huther & Associates, Inc,, In The Estimated Amount Of $7,720 For Laboratory Services (Biomonitoring Only) For The Main Arid Port Acres Wastewater Treatment Plants J. Consideration And Approval Of Payment To Tommie Vaughn Motors For The Purchase Of A 2009 Ford-F250 Crew Cab 4x4 Pickup In The Amount Of $23,144 And A 2009 Ford F-150 4x4 Pickup In The Amount Of $17,366 For The City Landfill K. Consideration And Approval Of Payment To Tommie Vaughn Motors In The Amount Of $21,322 For The Purchase Of A 2009 Ford Explorer XLT For City Hall L. Consideration And Approval Of Payment To Sam Pack's Five Star,FordIn The Amount Of $19,463 For The Purchase Of A 2009 Ford F-250 Crew Cab Pickup For The Engineering Division City Council Minutes 5 Regular Meeting -February 10, 2009 M. Consideration And Approval Of Payment To ChemtexIn Thre Amount Of $27,460 And Approval Of Payment To Anacon, Inc,, In The Amount Of $1,406 For Laboratory ServicEs (Non-Biomonitoring) N. Consideration And Approval Of Payment To Neches Engineers In The Amount Of $7,612.69 For Assessment Of Damages To Fire Station #4 In Sabine Pass Resolutions -Consent (1) P. R. No. 15025 - A Resolution Awarding A Contract 1'0 )aural Building In The Amount Of $13,422.00, And Authorizing The Execution Of A Contract For Thie Demolition Of Six (6) Dangerous Residential Properties (Group E), To Be Charged To Account No. 106-142!i- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 15025 was adopted becoming Resolution No. 09-036. (2) P. R. No. 15026 - A Resolution Awarding A Contract 1'0 7amal Building In The Amount Of $14,972.00, Anrd Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential PropertiE:s (Group F), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 15026 was adopted becoming Resolution No. 09-037 (3) P. R.. No. 15038 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lot 1, Block .5, Schmyser 3 Addition (West 6t" Street) And To Execute TFie Closing Documents (Project #CIP 909, Account No. 303- 1601-591.81-00) Proposed Resolution No. 15038 was adopted becoming Resolution No. 09-038. (4) P. R. No. 15052 - A Resolution Authorizing The City Manager To Execute An Interlocal Contract Relating To Tt~e Planning, Development, Operation And Provision Of 9-1••1 Service And The Use Of 9-1-1 Funds Proposed Resolution No. 15052 was adopted becoming Resolution No. 09-039. (5) P. R.. No. 15074 - A Resolution Authorizing The City Manager To Execute A Master Services Agreement With Paymentus Corporation To Provide Electronic Bill Paying Services To The City Of Port Arthur Proposed Resolution No. 15074 was held for individual discussion. (6) P. R. No. 15081 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) 'Year Contract Between The City Of Port Arthur And Scodeller Construction Of Wixom, Michigan For Crack Sealing Of Concrete And Asphalt Pavements 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 Proposed Resolution No. 15081 was adopted becoming Resolution No. 09-040. City Council Minutes 6 Regular Meeting -February 10, 2009 (7) P. R. No. 15082 - A Resolution Authorizing The City Manager To Execute A janitorial Services Contract For TFie Utility Operations Service Center And Warehouse Wii:h Southeast Texas Building Services Of Nederland, Texas, In The Amount Of $7,020 Per Year. Account No. 410-125:L- 532.59-00 Proposed Resolution No. 15082 was adopted becoming Resolution No. 09-041. (8) P. R„ No. 15088 - A Resolution Approving Interloc~al Agreement Between The City Of Port Arthur And Workforce Solutions Southeast Texas For Reimbursement Of Rental Costs For Equipment Related To Hurricane Ike Recovery ]:n An Amount Not To Exceed $265,709.97. (Account No. 12:L- 2300-901-51-00 -Applicable Project) Proposed Resolution No. 15088 was adopted becoming Resolution No. 09-042. (9) P. R. No 15090 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Camden Builders, Inc. For The Completion Of The Public Water System Improvements Serving Storie Creek Apartments, And Authorizing The City Manager 1"0 Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas Proposed Resolution No. 15090 was adopted becoming Resolution No. 09-043. (10) P. R. No. 15091 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Richard Daley For The Completion Of TF~e Public Sewer System Improvements Serving Quail Hollow Phase 1 Subdivision, And Authorizing The City Manager 1"0 Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas Proposed Resolution No. 15091 was adopted becoming Resolution No. 09-044. (11) P. R. No. 15092 - A Resolution Authorizing A Memorandum Of Understanding Between The Texas Forest Service Arid Regional Incident Management Team Member And The Citty Of Port Arthur Proposed Resolution No. 15092 was adopted becoming Resolution No. 09-045. (12) P. R. No. 15094 - A Resolution Awarding The Bid For Repairs To Rose Hill Manor Due To Hurricane Ike To Pepper's Construction In The Amount Of $9,500. ProposE:d Funding: 121-2300-901.32-00 IKERH Proposed Resolution No. 15094 was adopted becoming Resolutioin No. 09-046. (13) P. R. No. 15096 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts Proposed Resolutioin No. 15096 was adopted becoming Resolution No. 09-047. (14) P. R. No. 15097 - A Resolution Authorizing The Execution Of A Contract For The Rental Of Two Automated Side Loader Garbage Trucks From Big Truck Rental, LLP iDf Tampa, Florida In The Total Amount Of $60,000. Account No. 403-1272-533.51-00 City Council Minutes 7 Regular Meeting -February 10, 2009 Proposed Resolution No. 15097 was adopted becoming Resolution No. 09-048. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT Resolutions -Consent (5) P. R. No. 15074 - A Resolution Authorizing The Ci1.y Manager To Execute A Master Services Agreement With Paymentus Corporation To Provide Electronic Bill Paying Services To The City Of Port Arthur The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Beard that Proposed Resolution No. 15074 be tabled. First Assistant City Attorney Val Tizeno presented the City Council with a contract amendment stating that the agreement period with Paymentus is a two-year term. Assistant City Manager/Administration Rebecca Underhill appeared before the Cit~rr Council to discuss the contractual terms for on-line and telephone payments for the Municipal Court and Water Utilities Billing Department. Acting City Secretary Terri Hanks addressed inquiries related to the Municipal Court',s needs for an on-IinE~ and telephone payment service. The motion was made by Councilmember Williamson and seconded by Councilmember Beard that their motion to table Proposed Resolution No. 15074 be removed. The motion was made by Councilmember Williamson and seconded by Councilmember Beard that Proposed Resolution No. 15074 be adopted with the contract ternn amendment. Proposed Resolution No. 15074 was adopted becoming Resolution No. 09-049. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmeimbers Segler, Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-049 reads as follows: RESOLUTION NO. 09-049 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER SERVICES AGREEMENT WITH PAYMENTUS CORPORATION TO PROVIDE ELECTRONIC BILL PAYING SERVICES TO THE CITY OF PORT ARTHUR VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15053 - A Resolution Appointing Or Reappointing A Member Or Members To The Pleasure Island Commissioin The Mayor introduced the above-mentioned Proposed Resolution„ Acting City Secretary Terri Hanks stated that the above-mentioned Proposed Resolution includes District 2 Councilmember Segler's appointment of Mr. Terry Doyle to the Pleasrare Island Commission. City Council Minutes 8 Regular Meeting -February 10, 2009 Councilmember Williamson named Mr. Ricky L. Reese as the Pleasure Island Commission District 6 appointment. Upon the motion of Councilmember Albright, seconded by Mayor Pro Tem Chatrnan and carried unanimously, Proposed Resolution No. 15053 was adopted with they abovf:- stated appointments becoming Resolution No. 09-050. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmernbers Segler, ,Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-050 reads as follows: RESOLUTION NO. 09-050 A Resolution Appointing Or Reappointing A Member Or Members To The Pleasure Island Commission (2) P. R. No. 15055 - A Resolution As It Pertains To Eaglle Ridge Apartments, Ltd. (Requested By Councilmembers Williamson, Henderson And Albright) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and carried unanimously, Proposed Resolution No. 15055 was tabled. Proposed Resolution No. 15055 was tabled. (3) P. R. No. 15083 - A Resolution As It Pertains To The Peirmit Application Of Port Iron Councilmember Albright filed a Conflict of Interest Affidavit with the Acting Citty Secretary and recused himself from any discussion or action in regards to the above- mentioned Proposed Resolution. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Henderson to adopt: Proposed Resolution No. 15083. Port Iron Owner David Albright appeared before the City Council to address inquiric~s related to hurricane damages and elaborated on repair plans to meet City Codes. City Attorney Mark Sokolow addressed inquiries related to code violations and read into the record the following amendments: Section 2. That Port Iron is herein granted a permit or license to operate a metal recycling facility at 300 West 7t" Street until December 31, 2010, wherein Port Iron will be required to file a renewal application. Section 3. That the metal warehouse building, as noted in the memorandum from the Director of Community Services, shall either be removed or repaired by August 1>, 2009. That the deficiencies, as delineated in the Storm Water Management Plan, and the tracking of earthen material off-site as noted in the memoranduim from the Director of Public Works, shall be remedied by M<~y 15, 2009. City Council Minutes 9 Regular Meeting -February 10, 2009 Section 4. If a truck or a trailer carrying scrap, which is of such a nature that it can fall out of thE~ truck or trailer, the driver shall cover the truck or trailer wi1:h a tarp. The motion was made by Councilmember Williamson and seconded by Councilmember Henderson to adopt Proposed Resolution No. 15083 with the above amendments as stated by the City Attorney. Proposed Resolution No. 15083 was adopted becoming Resolution No. 09-051. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segle~r, Flood, Beard,. Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-051 reads as follows: RESOLUTION NO. 09-051 A RESOLUTION AS IT PERTAINS TO THE PERMIT APPLICATION OF PORT IRON Councilmember Albright returned to the City Council Chamber. IV. PUBLIC HEARINGS - 7:00 PM To Consider Granting A Specific Use Permit For A Pet Grooming Business SUP-206, Located At 2762 62"d Street (Location Is East Of Jade And South Of 62"d Street). Applicants: Beth Westbrook & Ethel LaBure (Z08-li) The Mayor opened the above-mentioned Public Hearing at 7:13 p.m. Planning and Zoning Director Colleen Russell appeared before the City Council i:o present an overvie~nr of the above-mentioned Public Hearing. The Mayor requested to hear from anyone present in the audience who wished Ito speak regarding they above-mentioned Specific Use Permit. Puppy Love Owner Beth Westbrook, 123 Garner Road, Beaumont, Texas, appearE~d before the City Council to request consideration in allowing a pet grooming t~usiness. Ms. Westbrook confirmed that there will be no animal boarding at: her place of t~usiness. Upon the motion of Councilmember Henderson, seconded by Mayor Pro Tem Chatman and carried unanimously, the Public Hearing was closed at 7:15 p.m. Councilmember Beard and Councilmember Williamson left the Cit`~ Council Chamber. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (4) P. R. No. 15089 - A Resolution As It Pertains To PEA Holdings III, Ltd. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Albright and carried unanimously, Proposed Resolution No. 15089 was adopted t~ecomir~g Resolution No. 09-052. City Council Minutes 10 Regular Meeting -February 10, 2009 Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, ,Albright, Flood and Henderson. Voting No: None. The caption of Resolution No. 09-052 reads as follows: RESOLUTION NO. 09-052 A RESOLUTION AS IT PERTAINS TO PA HOLDINGS III, LTD. Councilmember Beard returned to the City Council Chamber at 7::L9 p.m. (5) P. R„ No. 15093 - A Reappointing A Member Wellness Committee Resolution Appointing And/Or Or Members To The Advisory The Mayor introduced the above-mentioned Proposed Resolution. Acting City Secretary Terri Hanks read the following Advisory Wellness Committee appointments into the record: Mayor Deloris "Bobbie" Prince Mayor Pro Tem Jack Chatman, ]r. Councilmember Thomas J. Henderson City Manager Steve Fitzgibbons Human Resources Director Albert Thigpen Health Director Yoshi Alexander Upon the motion of Councilmember Albright, seconded by Mayor Pro Tem Chatman and carried unanimously, Proposed Resolution No. 15093 was adopted bE~coming Resolution No. 09-053. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albrigrit, Flood, Beard and Henderson. Voting No: None. The caption of Resolution No. 09-053 reads as follows: RESOLUTION NO. 09-053 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE ADVISORY WELLNESS COMMITTEE Councilmember Williamson returned to the City Council Chamber at 7:23 p.m. B. Ordinances (1) P. O„ No. 5949 - An Ordinance Granting An Excavation Permit Issued Pursuant To Article VII (Excavations) Of The Code Of Ordinances Of The City Of Port Arthur To Rolya Estates Located South Of Lake Arthur Drive And West IOf Proposed 67th Street (AKA Part Of Lot 5, Block 10, Range "G" Lots 7 & 8, Block 10, Region "H" And Part Of Reserve "C" Port Arthur Land Company, City Of Port Arthur, Jefferson County, Texas The City Manager inntroduced the above-mentioned Proposed Ordinance. City Council Minutes Regular Meeting - Febiruary 10, 2009 The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Proposed Ordinance No. 5949 be adopted. Public Works Director Ross Blackketter appeared before the City Council to address inquiries related to Excavating permits. Proposed Ordinance No. 5949 was adopted becoming Ordinance No. 09-08. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmernbers Segler, ,Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Ordinance Na. 09-08 reads as follows: ORDINANCE NO. 09-08 AN ORDINANCE GRANTING AN EXCAVATION PERMIT ISSUED PURSUANT TO ARTICLE VII (EXCAVATIONS) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR TO ROYA ESTATES LOCATED SOUTH OF LAKE ARTHUR DRIVE AND WEST OF PROPOSED 67T" STREET (AKA PART OF LOT 5, BLOCK 10, RANGE "G" LOTS 7 & 8, BLOCK 10, REGION "H" AND PART OF RESERVE "C" PORT ARTHUR LAND COMPANY, CITY OF PORT ARTHUR, ]EFFERSON COUNTY, TEXAS (2) P. O. No. 5967 - An Ordinance Repealing Section 2-53 Of The Code Of Ordinances As It Pertains To Executi~re Sessions (Requested By Mayor Prince) The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem Chatman that Proposed Ordinance No. 5967 be adopted. Mayor Prince made the following statement for the record: '~I am not afraid 1:o attach my name to this item." The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember Beard that Proposed Ordinance No. 5967 be amended to continue the tape recording of the Executive Sessions with the exception of City Council appointee's evaluations. The following roll call vote was taken on the motion to amend Proposed Ordinance No. 5967: Councilmember Albright "No" Councilmember Beard "Yes" Mayor Pro Tem Chatman "Yes" Councilmember Flood "No" Councilmember Henderson "No" Councilmember Segler "No" Councilmember Williamson "No" Mayer Prince "No" The motion to amend Proposed Ordinance No. 5967 failed to carry. The following roll call vote was taken on the motion to adopt F~roposed Ordinance No. 5967: City Council Minutes 12 Regular Meeting - Febiruary 10, 2009 Councilmember Albright "Yes" Councilmember Beard "No" Mayor Pro Tem Chatman "No" Councilmember Flood "Yes" Councilmember Henderson "Yes" Councilmember Segler "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" The motion to adopt: Proposed Ordinance No. 5967 carried over the dissenting votes oaf Mayor Pro Tem Chatman and Councilmember Beard becoming Ordinance No. 09-09. The caption of Ordinance No. 09-09 reads as follows: ORDINANCE NO. 09-09 AN ORDINANCE REPEALING SECTION 2- 53 OF THE CODE OF ORDINANCES AS IT PERTAINS TO EXECUTIVE SESSIONS (REQUESTED BY MAYOR PRINCE) (3) P. O. No. 5971 - An Ordinance Providing For The Conduct Of The May 9, 2009 General Election For The Purpose Of Electing Councilmembers For Districts 5 And 6, Providing For A ]oint Election With The Port Arthur Independent School District, The Sabine Pass Independent School District, The Port Of Port Arthur Navigation District And The Sabine Pass Port Authority, In Accordance Withh Chapter 271 Of The Texas Election Code, And Providing Four The Publication Of The Election Notice UN ESTATUTO QUE PREVE EL LLEVAR A CABO LA ELECCION GENERAL DEL 9 DE MAYO, 2009 CON EL FIN DE ELEGIR MIEMBROS DEL CONSE]O MUNICIPAL PARR EL DISTRITO 5 Y 6, Y PREVIENDO UNA ELECCION EN UNION CON EL DISTRITO ESCOLAR INDEPENDIENTE DE PORT ARTHUR, EL DISTRITO ESCOLAR INDEPENDIENTE DE SABINE PASS, EL DISTRITO DE NAVEGACION DEL PUERTO DE PORT ARTHUR Y LA AUTORIDAD DEL PUERTO DE SABINE PASS, DE CONFORMIDAD CON EL CAPITULO 271 DEL CODIGO DE ELECCION DE TEXAS, Y PREVIENDO LA PUBLICACION DEL AVISO DE LA ELECCION The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Albright and seconded by CouncilmembE~r Henderson that Proposed Ordinance No. 5971 be adopted. Acting City Secretary Terri Hanks addressed inquiries relating to the early voting and election day voting locations. She reported that the Grannis Street Fire Station earlly voting polling location had been replaced by the Helping Our People Excel (i-i.O.P.E.) building for a number of years. Fire Chief Larry Richiard appeared before the City Council to report on hurricane damage to the Grannis Street Fire Station. Proposed Ordinances No. 5971 was adopted becoming Ordinance No. 09-10. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Williamson and Henderson. Voting No: None. City Council Minutes 13 Regular Meeting - February 10, 2009 The caption of Ordinance No. 09-10 reads as follows: ORDINANCE NO. 09-10 AN ORDINANCE PROVIDING FOR THE CONDUCT OF THE MAY 9, 2009 GENERAL ELECTION FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR DISTRICTS 5 AND 6, PROVIDING FOR A )DINT ELECTION WITH THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT, THE SABINE PASS INDEPENDENT SCHOOL DISTRICT, THE PORT OF PORT ARTHUR NAVIGATION DISTRICT AND THE SABINE PASS PORT AUTHORITY, IN ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE, AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTICE UN ESTATUTO QUE PREVE EL LLEVAR A CABO LA ELECCION GENERAL DEL 9 DE MAYO, 2009 CON EL FIN DE ELEGIR MIEMBROS DEL CONSEJO MUNICIPAL PARR EL DISTRITO 5 Y 6, Y PREVIENDO UNA ELECCION EN UNION CON EL DISTRITO ESCOLAR INDEPENDIENTE DE PORT ARTHUR, EL DISTRITO ESCOLAR INDEPENDIENTE DE SABINE PASS, EL DISTRITO DE NAVEGACION DEL PUERTO DE PORT ARTHUR Y LA AUTORIDAD DEL PUERTO DE SABINE PASS, DE CONFORMIDAD CON EL CAPITULO 271 DEL CODIGO DE ELECCION DE TEXAS, Y PREVIENDO LA PUBLICACION DEL AVISO DE LA ELECCION (4) P. O. No. 5976 - An Ordinance Awarding A Bid For The Sale Of Property Located At 3510 Lake Arthur Drive The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Albright and seconded by CouncilmembE~r Henderson that Proposed Ordinance No. 5976 be adopted. First Assistant City Attorney Val Tizeno appeared before the City Council to address inquiries regarding f Tome finance. Proposed Ordinance No. 5976 was adopted becoming Ordinance No. 09-1i. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmernbers Segler, ,Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Ordinance Na. 09-12 reads as follows: ORDINANCE NO. 09-12 AN ORDINANCE AWARDING A BID FOR THE SALE OF PROPERTY LOCATED AT 3510 LAKE ARTHUR DRIVE City Council Minutes ~i4 Regular Meeting -February 10, 2009 (5) P. O. No. 5977 - An Ordinance Amending Section 22-162 O~f The Code Of Ordinances As It Pertains To Metal Recycling Facilities, Requiring Vehicles That Carry Scrap That Is Of Such A Nature That It Can Fall Out Of The Truck To Have A Tarp, Providing For Publication And Providing For A Penalt~~ Which Includes A Fine Not Exceeding Two Thousand Dollars (Requested By The Mayor) The above-mentioned Proposed Ordinance was previously held. (6) P. O. No. 5978 - An Ordinance Accepting The Deed For A 60 Foot Wide Street Right-Of-Way Out Of And A Part Of Lots ]L And 2, Block 12, Range "J" And Lots 7 And 8, Block i:l Range "7", Port Arthur Land Company Subdivision In Port Arthur, Texas From Redwine Family Partners, Ltd. And Dedicating The 60 Foot Wide Street Right-Of-Way For Anchor Drive Extension From Jimmy Johnson Blvd. Southerly For A Distance Of 500 Feet, More Or Less The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Henderson, seconded by Councilmember Williamson and carried unanimously, Proposed Ordinance No. 5978 was <3dopted becoming Ordinance No. 09-12. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, ~~Ibright:, Flood, (Beard, Williamson and Henderson. Voting No: None. The caption of Ordinance No. 09-12 reads as follows: ORDINANCE NO. 09-12 AN ORDINANCE ACCEPTING THE DEED FORA 60 FOOT WIDE STREET RIGHT-OF- WAY OUT OF AND A PART OF LOTS 1 AND 2, BLOCK 12, RANGE "J" AND LOTS 7 AND 8, BLOCK 11 RANGE "J", PORT ARTHUR LAND COMPANY SUBDIVISION IN PORT ARTHUR, TEXAS FROM REDWINE FAMILY PARTNERS, LTD. AND DEDICATING THE 60 FOOT WIDE STREET RIGHT-OF-WAY FOR ANCHOR DRIVE EXTENSION FROM JIMMY JOHNSON BLVD. SOUTHERLY FOR A DISTANCE OF 500 FEET, MORE OR LESS (7) P. O. No. 5979 - An Ordinance As It Pertains To A Tire Bounty Program (Account No. 403-1271-533.59-00) The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Williamson that Prod>osed Ordinance No. 5979 be adopted. City Manager Fitzgibbons recommended $2.00 per used or abandoned tire with an amount not to exceed $40,000. The motion was made by Mayor Prince and seconded by Councilmember Williamson that Proposed Ordinance No. 5979 be amended to $1.00 per used or abandoned tire. City Council Minutes ].5 Regular Meeting -February 10, 2009 Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, ~-Ibright, Flood, E3eard and Williamson. Voting No: Councilmember Henderson. Proposed Ordinance No. 5979 was amended over the dissenting vote of Councilrnembeir Henderson. Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Williamson and Henderson. Voting No: Mayor Pro Tem Chatman and Councilmember Beard. Proposed Ordinance No. 5979 was adopted over the dissenting votes of Mayor Fero Tem Chatman and Councilmember Beard becoming Ordinance No. 09-13. The caption of Ordinance No. 09-13 reads as follows: ORDINANCE NO. 09-13 AN ORDINANCE AS IT PERTAINS TO A TIRE BOUNTY PROGRAM (ACCOUNT NO. 403-1271-533.59-00) (8) P. O. No. 5981- An Ordinance Amending Section 90-162 Of The Code Of Ordinances As To Admission Practices During Mardi Gras (Requested By Councilmember Flood, Mayor Pro Tem Chatman, And Councilmember Beard) The City Manager ini:roduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Beard and seconded by Mayor Pro Tenn Chatman to adopt Proposed Ordinance No. 5981. Citx Attorney Mark Sokolow read the following amendments into the record: (1) Permanent residents. Permanent resident passes are to be requested and distributed in advance. (2) Property owners. Property owner passes are to be requested and distributed in advance and limited to the principal owner. (3) Year-round businesses. Passes are to be provided to business owner> and distributed in advance, based on a list of employees to be provided to Mardi Gras of Southeast Texas, Inc. The motion was rriade by Councilmember Flood and seconded by CouncilmembE~r Albright to adopt Proposed Ordinance No. 5981 with the above-stated amendments by the City Attorney. Proposed Ordinance No. 5981 was adopted becoming Ordinance No. 09-14. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmerbers Segler, ,Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Ordinance No. 09-14 reads as follows: ORDINANCE NO. 09-14 AN ORDINANCE AMENDING SECTION 90- 162 OF THE CODE OF ORDINANCES AS TO ADMISSION PRACTICES DURING City Council Minutes l6 Regular Meeting -February 10, 2009 MARDI GRAS (REQUESTED BY COUNCILMEMBER FLOOD, MAYOR PRO TEM CHATMAN, AND COUNCILMEMBER BEARD) C. *Reports And Recommendations (1) Report On Fees Charged For Demolition Of Commercial Buildings City Manager Steve Fitzgibbons addressed the above-mentioned report. (2) Report On Tax Credit Projects City Manager Steve Fitzgibbons presented the above-mentioned report. (3) Report On CDBG Grant Application Process Community Development Block Grant (CDBG) Coordinator Mary Essex appearE~d before the City Council to present the above-mentioned report. Mayor Prince requested a report on the number of years the grant recipients have received funding. The City Council scheduled the CDBG applicants to make presentations on ~Tuesda~y, February 24, 2009 .at 1:30 p.m. (4) Report On Crime Statistics & Surveillance Cameras Chief of Police Mark Blanton appeared before the City Council to conduct a report on crime as shown in E=xhibit "C". Councilmember Flood left the City Council Meeting at 8:30 p.m. (5) Report As To Possible EDC Proposition Or Propositions For May 2009 Special Election The above-mentioned report was previously discussed. (6) Report On FEMA/Recovery Update City Manager Steve: Fitzgibbons addressed the above-mentioned report. VIII. REPORTS OF BOARDS & COMMITTEES -None IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Mayor Prince: 1. Requested a workshop to discuss plans and goals for the City. 2. Requested a~ report on delinquent commercial water utility accounts. Councilmember Henderson: Requested an agenda item to state opposition to Time Warner Cable Television's charge for paper statements. Mayor Pro Tem Chatman: 1. Requested .a report on the economic impact of recent industrial employmE:nt layoffs. 2. He requested an inventory report on city vehicles. City Council Minutes 17 Regular Meeting -February 10, 2009 Councilmember Albright: Requested a report on military equipment replacement parts used during hurricanes. Councilmember Beard: 1. Requested a report on multiple families residing in one home. 2. Requested ain item to address aggressive dog issues. 3. Requested a report on fuel conservation efforts. Councilmember Williamson: Reported that the Time Warner Cable Television website in unavailable. X. AD7OURNMENT OF MEETING Upon the motion b}r Councilmember Williamson, seconded by Mayor Pro Tem C:hatman, and carried unanimously, the City Council adjourned their meeting at 9:20 p.m. An audio-tape of this meeting is on file in the office of the City Secretary and i<,~ made a part of the official minutes of this meeting. MAYOR DELORIS °BOBBIE" PR:[NCE ATTEST: ACTING CITY SECRETARY TERRI HANKS END OF REGULAR MEETING HELD February 10, 2009. APPROVED: City Council Minutes 18 Regular Meeting -February 10, 2009 Exhibit "A" CIT~OFGROUES P.O. BOX 846 • GROVES, TEXAS 77619 (409) 962-4471 • FAX (409) 963-3388 February 9, 2009 RE: Deannexation Request Mayor Deloris Prince City of Port Arthur P.O. Box 1089 Port Arthur TX 77641-1089 Dear Mayor Prince, Thank you for your willingness, and that of the Port Arthur City council to discuss this deannexation request from the City of Groves. Please accept this letter as a formal request to deannex approximately 10 acres of undeveloped property behind and just north of the Church of Christ and the Time Warner office on Hwy 347. The entire area is right at 19 acres. Two maps are attached showing the current city limits and the foot print of the proposed apartment complex known as Champions Cove. As you can see the project would be in two separate city jurisdictions if left as is. It is our hope that you and the city council will see fit to deannex the portion of the project that would be in Port Arthur and allow the City of Groves to annex this property placing the project in one city's jurisdiction. If the City of Port Arthur were to grant this request this would allow the City of Groves total jurisdiction for the project and would leave all of the developed commercial property within the city limits of Port Arthur. Sincerely, ad Bailey Mayor City of Grove r~-~ CITY LIMIT AT CENTER OF HOGABOOM RD. 19 ACRES ± 1 I I a ~ ~ a o! ~ ~ .~ a HOGABOOM RD. e p0 'a DELILAH Ci S.i < G,tG.y BRIGITTE Cr. a a d~ a Q~ - BAIRD STREET QO 'i FRANCES CT. w ~ ~ c a w 3 u a VAN BUREN VAN VAN SONNIER LN. VAN BUREN BUREN BUREN a a a a REAL BLw. a ~ eLw. ~ JACHSON N ~ JACHSON TAYLOR C MONROE a j ~ AOAMS C a W ~ a MAOISON ~" ~ WEST MADISON a ~ w ~ C COOLIDGE m v Qo a ~' JEFFERSON C WEST JEFFERSON BLw. ¢ CAPITOL C WESTGROVE GRCIE DR. ~ W. WASHINGTON ~ BLVD. WASHINGTON C ~T PARHWAY y'' a n a HANSEN ARKW~ J U ? 39th STREET nn~n nnnnnnn ,r! ~i . CITY OF GROVES PUBLIC WORKS DEPT. BAR SCALE 0 ~ 000' 2000' SCALE: AS SHOWN DWN. BY: DKR DATE' NOVEMBER 2007 CHKD. BY SHEET: i 1~ i~ i ~' ~E~ w`~C R ie ~6~ ,. d ~i. :. i "_ r.,r ~ ~`j ~ ~., ,G s: ,~. • r"' ~:k.. ~ ~; i a ~_~ •fi !. i ~ ' D ARCENEAUX ARCENEAUX & GATES & Consulting Engineers, Inc. GATES Engineers • Surveyors • Planners METES AND BOUNDS DESCRIP'I70N FOR THE LIlVIlTS OF THE CITY OF PORT ARTHUR OUT OF THE HINARD SUBDIVISION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS Being a 9.522 acre tract or parcel of land delineating the limits of the City of Port Arthur, Texas out of a portion of Lot 1, all of Lot 2 and a portion of Lots 3, 4, 5, 6, 7 and 8 of the Kinard Subdivision, as recorded in Volume 3, Page 184 of the Map or Plat Records, County Clerk's Office, Jefferson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point located on the South line of the limits of the City of Port Arthur and North line of the limits of the City of Groves, this point marks the Southeast corner of said Lot 1 and the Southeast corner of the herein described tract of land, said point also being located on the West line of the Twelve Oaks Estates Subdivision, as recorded in Volume 15, Page 166 of said Map Records; 'THENCE South 41 deg. 12 min. 37 sec. West (South 41 deg. 13 min. 00 sec. West-plat) along the South line of said Lot 1 and City limits of Port Arthur with the North line of the City limits of Groves a distance of 775.02 feet to a point marking the lower Southwest comer of the herein described tract of land; THENCE North 49 deg. 26 min. 23 sec. West a distance of 63.85 feet to a point located on the North line of Lot 1 and South line of Lot 2 marking an "Ell" comer; THENCE South 41 deg. 12 min. 42 sec. West {South 41 deg. 13 min. 00 sec. West-plat) along the South line of Lot 2 a distance of 474.88 feet to a point located on the Easterly line of State Highway No. 347 (a.k.a. Twin City Highway) marking the upper Southwest comer of the herein described tract of land; THENCE North 48 deg. 46 min. 1 I sec. West along the said Easterly line of Twin City Highway a distance of 64.00 feet to a point located on the North line of Lot 2 and South tine of Lot 3 marking the lower Northwest corner of the herein described tract of land; THENCE North 41 deg. 12 min. 04 sec. East (North 41 deg. 13 min. 00 sec. East-plat) departing said Easterly Right of Way line along the North line of Lot 2 and South line of Lot 3 a distance of 291.04 feet to a point marking an "Ell" corner; THENCE North 48 deg. 55 min, 27 sec. West a distance of 25.00 feet to a point within Lot 3 marking an "Ell" corner; Page 1 of 2 1U~eneserverUd:G1A&C SURVEY1hlGUtETCS ~ eOUNDS12007~CDGICDG-020.B.doc C7na 71M1o (:.anL 5..,.,,.e acn 1 'R..at,, n.,,,,t. n_ c..:._ : nn n__. x-aL_._ TV nnn.n ........... ........ ........_.__. ..._ TT~NCE North 41 deg 12 min. 1 S sec. East a distance of 231.39 feet to a point located within Lot 3 marking an "Ell" corner; TIIENCE North 48 deg. 40 min. 02 sec. West across Lots 3, 4, S, 6, 7 and 8 a distance of 358.88 feet to a point located on the North line of Lot 8 and South line of Lot 9 marking the upper Northwest corner of the herein described tract of land; TIi~NCE North 41 deg. 13 min. 32 sec. East (North 41 deg. 13 min. 00 sec. East-plat) along the North line of Lot 8 with the South line of Lot 9 a distance of 727.76 feet to a point marking the Northeast corner of Lot 8 and the Southeast corner of Lot 9 located on the said West line of Twelve Oaks Subdivision, this point also marks the Northeast corner of the herein described tract of land; THENCE South 48 deg. 48 min. 12 sec. East along the East line of Lots S, 6, 7 and 8 with the West line of said Twelve Oaks Subdivision a distance of 383.76 feet to an angle point for comer; THENCE South 48 deg. 53 min. 43 sec. East along the East line of Lots 1, 2, 3 and 4 with the West line of said Twelve Oaks Subdivision a distance of 127.87 feet to the Southeast corner and POINT' OF BEGINNING and containing in area 9.522 acres of land, more or Iess. Surveyed: February, 2008 Q~G`~~A~09~ J R, {BOB) HODGES 4583 Qy.:` o Q!~ESS~o`'~~OQ SURV~ R. (Bob) Hodges, .L.S. #4583 ~ ~~~~~~ Bearings referenced to the Kinard Subdivision common lot lines (North 41 deg. 13 min. 00 sec. East). Map Volume 3, Page 184 M.R.J.C. Page 2 of 2 ~1AeenesenerlAd~c1A&csukvevur~tE r~s & eouxpsvooTCUC~c~c-ozaaaa~ Exhibit "B" GERMER GERTZ L.L.P A T T O R N E Y S A T L A W February 9, 2009 Mr. Floyd Batiste City of Port Arthur EDC P.O. Box 3934 Port Arthur, Texas 77642 AUSTIN BEAUMONT HOUSTON www.germer.com GUY N. GOODSON Partner Direct Dial: (409) 654-6730 ggoodson~germer.com Re: City of Port Arthur Section 4A Economic Development Corporation (the "PAEDC") -Request for May 9, 2009 Ballot Proposition to Allow for use of Section 4A Monies for a Section 4B Project Dear Mr. Batiste: Over the last weeks, the Section 4B Committee of the Board of Directors of the PAEDC has met to discuss the importance of a ballot proposition that would allow for the use of Section 4A funds for Section 4B projects, specifically in the project area in and near downtown Port Arthur. The goal of the Section 4B Committee was to identify a project area and then to propose a ballot proposition that would provide for the use of the PAEDC 4A monies fora 4B project. As you aze awaze, the Development Corporation Act of 1979 (the "Act") allows the voters of an area which has previously adopted a Section 4A economic development sales tax to consider approving through an election use of such 4A sales tax monies for a purpose that is otherwise only authorized under Section 4B of the Act. This alternative was authorized to allow cities some limited authority to fund Section 4B projects without having to either repeal or reduce the Section 4A tax that had previously been adopted or to adopt a Section 4B tax. Please note that at any time Section 4A monies are proposed for a Section 4B project, it must be approved by the city's voters, an election held on that issue, and a public hearing must be conducted before the city holds the election. Such a proposition would need to be a separate ballot proposition for the voters' approval, and it must be carefully written to be within the scope of one of the Section 4A projects that the Act authorizes. The ballot proposition must be clear and concise enough for voters to easily determine the scope of the specific project and the category of expenditures that will be authorized. The goal of the 4B Committee was to consider this limited authority and attempt to propose a ballot proposition that would allow for two critical elements (i) demolition of dilapidated structures in the downtown project area; (ii) construction of infrastructure that would be necessary to support new or existing business that might locate or relocate into the project area. Specifically, in 2003, the Texas Legislature amended the Act to allow Section 4A corporations such as the PAEDC to expend sales tax proceeds for "specific infrastructural P.O. BOX 4915 • BEAUMONT. TX 77704 • PHONE 409.654,6700 • FAX :409,835.2115 improvements necessary to promote or develop new or expanded business enterprises." The Board of Directors of the PAEDC has determined that the expenditure of PAEDC funds for demolition and infrastructure would promote new or expanded business development in the project area. Please remember that expenditures under this amendment to the Act allowing for infrastructure improvements does not require the creation or retention of primary jobs. However, the PAEDC would be limited in the type of infrastructure improvements can be funded. The Act, as amended, specifically authorizes expenditures for "streets and roads, rail spurs, water and sewer utilities, electric utilities, gas utilities, drainage, site improvements and related improvements, telecommunication and Internet improvements and beach remediation along the Gulf of Mexico." This is all contained in Section 2(11)(c) of the Act. Clearly the intention for the proposed project area is to provide for demolition which was already a due authorization fora 4B project, but the scope of the amendment to the Act covers matters that are not relevant to what was considered by the 4B Committee to be important for the project area. For that reason, I am restating below the ballot proposition that has been proposed which will provide a limited funding ($750,000) for a limited period of years (3 years -subject to possible renewal) in the project area and for the identified purposes that the Committee felt important. PROPOSITION "For the next three (3) years, commencing on October 1, 2009 and extending until September 30, 2012, shall the existing Section 4A sales and use tax within the City of Port Arthur be utilized for cost of demolition of dilapidated structures and infrastructure limited to streets and roads, rail spurs, water and sewer utilities, electric and gas utilities, drainage, site improvements and related improvements necessary to promote or develop new or expanded business enterprises within a project area from '1"' Street to the Intracoastal Canal and from Martin Luther King, Jr. Drive to Lake Charles Avenue within the City of Port Arthur, Texas, which is a category of projects under Section 4B of Article 5190.6 Vernon's Texas Code Annotated with the condition that the total annual spending on all Section 4B projects by the City of Port Arthur Section 4A Economic Development Corporation will not exceed $750,000. Said period of time can be extended an additional three (3) years by the City Council by a 2/3 vote of the City Council after reviewing public comment on the proposed cost and impact of the projects." I hope that this information will be beneficial as you present to the Mayor and City Council the request of the Board of Directors of the PAEDC to place the ballot proposition before the voters for May 9, 2009. Yours very truly, GERMER GERTZ, L.L.P. By: ~~.o~, Guy N. Goodson GNG/mgm Exhibit "B" r N O O O O O O O O O O 0 0 0 ~ O O O O O O O O O O O O O O OO O O O O MN f0 O CO N N ~ n ~ C11 O C1)O01 O O O W '~ O O O M N CD M CA N N O N (n C) O tD tD M n O ~ O tly N O S Q ~ M n O 0 ~ O r n t19 tf1 O~ W n C D ~ SCI CO O f0 J d' ~ N r M r r N N r M ~ d U W ~ oo O o O O O o O o O O of a Z O ^ O 00 O ~ 0 ~ 00 M DD 0 r "5 0 o CD 0 ~ ~ 000 r~ o r: ~ O ~ W _ _ 'p O M M r IA n N 01 CA O CA F-. ` d O ~ ~ r N t0 '!i N CA CA O CA ~ r ~ O N O N l0 r ct3 ~ n n O n W U ~ O o 0o O O O ~ tCl ~ v 0 eF 0 W w, ~ v n ao tr r r r N ~ w U a n o 0 0 0 0 0 0 0 0 0 0 0 ~ o 0 0 0 0 0 0 0 0 0 0 0 0 w O `° ~~ O CD o O ~~ n ttl a ~ o ~O 0 N 0 CD 000 aD O o 0 O ~ O n ' O N N N N O N N O N ~ ~ d CD O O O O ~ N N O N r ~ n r n n v n m ~ v o w v ~ cc o o ao rn ao co rn m cc o cn f» Q M ~ N M M ~ ~ r 1n L.L O O Z ~ W O O O O 0 0 O O O O O O O ~ r Q O O O O O O O O O O O O ~~ ~ O n CO N ~A 1() O M r n et ~ r r n O ~ O N O O O N O N Q V3 d W ~ t0 O ~ M~ CO 1D M O O O O W O ~ ~ ~ ~ O ~ J V t0 M er ~ O CA N n ~ T 01 M O tl') O O t Cl CA O CA = Q Q ' ~ M N O d IA M M M r~ ~ O d ---~ O W ~ N W W W ~ ~ ~ O w Z ? Q } _ ~ ~ w o } Q W ~ Z W > x w W a W S W ~ ~ W H W ~ > wv C7 W z w O z oW ~U x ~ > w z ~~~ ~ W C7~ O Q~ J ~ ~ J W w H O = z a U ~ ~ ~aa Q ~~~ z z ~ N~O za w ~ i ~ ~ww O p~~ O v~ww ~ Z p w > zJ2 F- ZWm H ~>d Q ~W> wQF- waw wwx ~ ~ o w WrnO O~ ~w w m w ~w~ o ~ X X a w O ~ w w O ~ z Exhibit "C"