HomeMy WebLinkAboutMARCH 29, 2022 REGULAR MEETING AGENDA 9:30 A.M. THURMAN BILL BARTIE,MAYOR RON BURTON
DONALD FRANK,SR..MAYOR PRO'I FM City Of CITY MANAGER
COUNCIL MEMBERS: SIIERRI BELLARD,TRMC
INGRID HOLMES CITY SECRETARY
CAL J.JONES o r! r t h tt r
THOMAS J.KINLAW III VAL TIZENO
KENNETH MARKS Te.xu's CITY ATTORNEY
CHARLOTTE MOSES
AG E N DA
City Council
Regular Meeting
March 29, 2022
9 :30 A. M .
The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting
Scheduled At 9:30 A.M. CST On Tuesday, March 29, 2022 By Telephonic And
Videoconference In Addition To Allowing In Person Attendance. A Quorum Of
The City Council Will Be Physically Present In The City Council Chamber, Fifth Floor,
City Hall, 444 Fourth Street Port Arthur, Texas. The Public May Participate In The
Meeting In Person Or By Dialing One Of The Following Toll-Free Numbers And Entering
The Meeting ID: 884 8745 6354 And Passcode: 002179
(877) 853-5247 US Toll Free
(888) 788-0099 US Toll Free
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.
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
March 29, 2022
9:30 AM
PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Bartie
Mayor Pro Tern Frank
Councilmember Holmes
Councilmember Jones
Councilmember Kinlaw, III
Councilmember Marks
Councilmember Moses
City Manager Burton
City Secretary Bellard, TRMC
City Attorney Tizeno
Police Chief Duriso Or Designee
II. PROCLAMATIONS
Proclamations
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Ronald R. Moon Regarding Pleasure Island, Progress Of New
Management
B. Presentations
(1) Presentation By Mistie Layne Of The Tween Esteem Camp Regarding
A Self-Esteem Camp For Girls Ages 9-12
(2) Presentation By Staff Status Update On The Landfill
(3) Presentation By Staff Regarding The Wastewater Treatment Project
C. Employee Recognition — None
AGENDA
MARCH 29, 2022
III. PETITIONS & COMMUNICATIONS - CONTINUED
D. Correspondence — None
E. Discussion
(1) A Brief Overview By Mayor Bartle And Mayor Pro Tern Frank
Regarding The National League Of Cities Annual Conference,
Pursuant To 78-269 (b) (9) Of The Code Of Ordinances Of The City
Of Port Arthur(Ordinance No. 18-63)
(2) To Discuss Chapter 2 Of The Code Of Ordinances As It Pertains To
The Agenda Process And Open Meetings Requirements (Requested
By Mayor Pro Tern Frank)
IV. PUBLIC HEARINGS — 10:00 A.M.
A Public Hearing For The Purpose Of Receiving Public Comments Regarding
The Proposed Disannexation of Tracts of Land in the Corporate Limits of
the City of Port Arthur (Near West Port Arthur Road and Brai Drive). Said
Tracts Of Land Are Legally Described As 39.73 Acres Of Land Out Of The T.
& N. O. R. R. Survey Section No. 3, Abstract No. 258 Jefferson County, Texas.
This Public Hearing is being held Pursuant To Chapter 43.142 Of The Local
Government Code. A Detailed Map Of The Proposed Area To Be
Disannexed, Is Also Available For Inspection At Port Arthur City Hall, 444
Fourth Street, Port Arthur, Texas Between The Hours Of 8:00 A.M. And
5:00 P.M., Monday Through Friday And Continuously Online At
www.portarthurtx.gov
A Second Public Hearing Of The City Council Of Port Arthur, Texas Will Be
Held on April 5, 2022. Thereafter, The City Council Will Consider An
Ordinance Formalizing The Disannexation of said Tracts At Its Regular City
Council Meeting On April 26, 2022.
AGENDA
MARCH 29, 2022
V. REPORTS / ITEMS OF COMMUNITY INTEREST
(LIMITED TO A TOTAL OF TWO (2) MINUTES PER
COUNCILMEMBER)
Pursuant To 551.0415 Of The Texas Government Code, The Mayor And
Council May Make Announcements Regarding Items Of Community
Interest, Which Include The Following:
(1) Expressions Of Thanks, Congratulations, Or Condolence;
(2) Information Regarding Holiday Schedules;
(3) An Honorary Or Salutary Recognition Of A Public Official, Public
Employee, Or Other Citizen, Except That A Discussion Regarding A
Change In The Status Of A Person's Public Office Or Public
Employment Is Not An Honorary Or Salutary Recognition For
Purposes Of This Subdivision;
(4) A Reminder About An Upcoming Event Organized Or Sponsored By
The Governing Body;
(5) Information Regarding A Social, Ceremonial, Or Community Event
Organized Or Sponsored By An Entity Other Than The Governing
Body That Was Attended Or Is Scheduled To Be Attended By A
Member Of The Governing Body Or An Official Or Employee Of The
Political Subdivision; And
(6) Announcements Involving An Imminent Threat To The Public Health
And Safety Of People In The Political Subdivision That Has Arisen
After The Posting Of The Agenda
**Possible Action May Not Be Discussed In Conjunction With The
Information Provided In The Report
VI. UNFINISHED BUSINESS
(1) P.R. No. 22387 — A Resolution Authorizing The City Manager To
Execute A Two (2) Year Contract, With The Option To Renew For
Two (2) Additional Two (2) Year Periods, With McCreary, Veselka,
Bragg & Allen, P.C., Of Round Rock, Texas, For Collection Of
Municipal Court Fines
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AGENDA
MARCH 29, 2022
VII. CONSENT AGENDA
NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or
Administrative Nature. The Council Has Been Furnished With Background
And Support Material On Each Item, And/Or It Has Been Discussed At A
Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being
Discussed Separately Unless Requested By A Council Member Or A Citizen,
In Which Event The Item Or Items Will Immediately Be Withdrawn For
Individual Consideration In Its Normal Sequence After The Items Not
Requiring Separate Discussion Have Been Acted Upon.
A. Travel Request/Expense Reports
(Al) Mayor Thurman Bartie:
Texas Basic Economic Development Course
Round Rock, TX
February 21 — 25, 2022 $1,836.63
B. Minutes
March 1, 2022 Regular Meeting
C. Resolutions
(1) P.R. No. 22316 — A Resolution Authorizing The City Manager To
Rebuild The Caterpillar D7R Bulldozer By Louisiana CAT Of Lake
Charles, Louisiana, Through The Sourcewell Cooperative Purchasing
Program For The Not-To-Exceed Amount Of $365,689.80 For The
Landfill. Funding Is Available In The Capital Reserve Fund Account,
Account Number 625-50-000-8522-00-00-000
(2) P.R. No. 22346 — A Resolution Authorizing The City Manager To
Execute A One Year Contract To Honesty Environmental Services,
Inc. Of Nederland, Texas, For Asbestos, Lead, And Mold Abatement
Consultant Services, In An Amount Not To Exceed $40,000.00, To
Be Charged To Account No. 001-13-035-5470-00-10-00 (General
Fund)
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AGENDA
MARCH 29, 2022
VII. CONSENT AGENDA — CONTINUED
(3) P.R. No. 22412 — A Resolution Authorizing The City Manager To
Accept The Certificate Of Completion, Contractor's Certificate And
Release, Contractor's Certificate Of Warranty, And Contractor's
Certificate Of Debts Paid To The Contract Between The City Of Port
Arthur And Perry Construction Of Spring, Texas For The Installation
Of A Permanent Scale At The Municipal Landfill And Approval Of The
Release Of Retainage In The Amount Of $14,648.00 From The
Landfill Account No. 625-50-000-8522-00-00-000
(4) P.R. No. 22420 — A Resolution Authorizing The City Manager To
Negotiate A Contract With Schaumburg & Polk, Inc. Of Beaumont,
Texas, For Professional Services Rendered As Project Engineer For
The Railroad Avenue & Thomas Boulevard Elevated Storage Tank
Rehabilitation Project; Funds Are Available In Account No. 405-40-
000-8516-00-00-000, WS0013-DES
(5) P.R. No. 22422 —A Resolution Authorizing The City Manager To Enter
Into An Agreement With Industrial And Commercial Mechanical Of
Beaumont, Texas Through BuyBoard Cooperative Purchasing
Program Contract No. 638-21 To Replace Two HVAC Units At The
Department Club In The Amount Of $25,629.33. Funds Available In
Account Number 001-15-043-5312-00-20-000
(6) P.R. No. 22426 — A Resolution Authorizing The City Manager To
Repair The Streets Division's 2016 Caterpillar 938M Front End Loader
By Mustang CAT Of Beaumont, Texas, Through BuyBoard Contract
No. 597-19 For $77,032.50. Funding Is Available In The Streets
Equipment Maintenance Account, Account Number 001-21-053-
5318-00-70-000
(7) P.R. No. 22427 — A Resolution Calling For A Public Hearing To
Consider Granting A Specific Use Permit For Approximately 11.820-
Acres Of Land Consisting Of Tract 7-A, Block 3, Range "G", Port
Arthur Land Company Subdivision, And A Portion Of The Ippolito
Addition, (1645 Jefferson Drive), City Of Port Arthur, Jefferson
County, Texas
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INNIIIIIIIIIIIIIIIIIIIIIII
AGENDA
MARCH 29, 2022
VII. CONSENT AGENDA — CONTINUED
(8) P.R. No. 22435 — A Resolution Authorizing The City Manager To
Execute Change Order No. 2 Decreasing The Original Contract
Amount By $184,861.72 To The New Contract Amount Of
$752,755.20 And Acceptance Of The Certificate Of Completion,
Contractor's Certificate And Release, Contractor's Certificate Of
Warranty, Contractor's Certificate Of Debts Paid To The Contract
Between The City Of Port Arthur And Excavation & Construction, LLC
Of Port Arthur, Texas, For The Forest Drive Roadway Construction
Project From Evergreen Drive To Woodrow Drive And Approval Of
Release Of Retainage For The Amount Of $37,637.76 From The
Capital Improvements Street Maintenance And Repair Account No.
307-21-053-8517-00-10-000. Project No. ST1P17-CON
(9) P.R. No. 22436 — A Resolution Authorizing The City Manager To
Purchase 560 Garbage Cans From Otto Environmental Systems North
America, Inc Of Charlotte, North Carolina, Under H-GAC Contract No.
RC01-21, In The Not-To-Exceed Amount Of $36,383.20 Funding Is
Available In The Public Works Department Solid Waste Residential
Garbage Division-Minor Equipment, Account Number 403-50-310-
5240-00-00-000
(10) P.R. No. 22444 — A Resolution Authorizing The Purchase Of Eleven
Cardiac Monitors And Two Auto-Pulse Mechanical CPR Devices From
Zoll Medical Corporation Of Chelmsford, Massachusetts, In The
Amount Of $461,252.61, With 60-Month Financing At 0%; Funding
Is Available In Medical Supplies Account Number 001-19-047-8522-
00-30-00, And Providing For Contract Termination In The Event Of
Nonappropriation For Any Fiscal Budget Year
(11) P.R. No. 22445 — A Resolution Authorizing The City Manager To
Execute Change Order No. 2 To The Contract Between The City Of
Port Arthur And BDS Constructors, LLC DBA MK Constructors Of
Vidor, Texas For The Remediation And Mitigation Of The Twelve (12)
Harvey Lift Stations, Extending The Duration Of The Project With A
Time Extension Of 60 Days And Accounting For A $10,000.00
Reduction In The Contract Amount Of $1,278,248.00; Account No.
405-40-000-8516-00-00-000, Project No. WS0005-CON
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AGENDA
MARCH 29, 2022
VII. CONSENT AGENDA — CONTINUED
(12) P.R. No. 22447 —A Resolution Authorizing The City Manager And The
City Attorney To Purchase 1.4438 Acres Of Vacant Land Located On
The Northeast Corner Of 61 St Street And Ray A Venue, Legally
Described As Tract 15, Lot 16, Block 6 Port Acres Addition From The
Port Arthur Independent School District (PAISD) For The Fair Market
Value Amount Of $53,500.00 And To Further Authorize The
Execution Of All Closing Documents Pertaining To The Acquisition.
Funding Is Available In Project String BU0012-OTH, Account 307-21-
049-8512-00-10-000
(13) P.R. No. 22448 — A Resolution Authorizing The City Manager To
Execute An Updated Interlocal Agreement With The Southeast Texas
Regional Radio System Maintaining The City Of Port Arthur As A
Stakeholder Member, And Establishing A Stakeholder Executive
Committee
(14) P.R. No. 22449 — A Resolution Authorizing The Purchase Of Five (5)
Hurst Extrication Combi-Tools From Municipal Emergency Services
(MES) Of Houston, Texas In The Amount Of $68,866.25; Funding Is
Available In Equipment Account No. 001-19-047-8522-00-30-000
(15) P.R. No. 22450 —A Resolution Authorizing The City Manager To Enter
Into An Agreement With MCCI For The Imaging And Indexing Of
Historical Print Records For The Department Of Development
Services In The Amount Of $84,208.52 Through Texas BuyBoard
Cooperative Purchasing Document Scanning Services Contract No.
625-20. Funding Available In Information Technology Capital
Equipment Project Account: 307-09-023-8522-00-10-000; Project
No. IT1005-OTH-EQU
(16) P.R. No. 22451 — A Resolution Designating Capital One Bank, N.A.
As The Depository Bank For The City Of Port Arthur And Authorizing
The City Manager To Execute All Documents Necessary To
Implement The Contract Final Renewal To Be Effective April 1, 2022
AGENDA
MARCH 29, 2022
VII. CONSENT AGENDA — CONTINUED
(17) P.R. No. 22452 — A Resolution Authorizing The City Manager To
Execute A Merchant Processing Participation Agreement With First
Data Merchant Services, LLC, A Wholly Owned Subsidiary Of FISERV,
Inc And Wells Fargo Bank For A Two-Year Period Through Texas
Smart Buy Contract No. 946-M1 With An Annual Projected Budgetary
Impact Of $275,700.00. Funds Are Available In The Finance
Department Account #001-07-015-5425-00-10-00
(18) P.R. No. 22453 — A Resolution Authorizing The City Manager To
Execute A Consulting Agreement With Eddie Peacock, PLLC To
Provide Interim Accounting Support To The City Of Port Arthur For A
Six-Month Period In An Amount Not To Exceed $99,000.00. Funds
Are Available In The Finance Department Account #001-07-015-
5420-00-10-000
(19) P.R. No. 22455 —A Resolution Authorizing The City Manager To Enter
Into A Contract For The Purchase Of Badger Meters For The Water
Utilities Department With Rural Pipe & Supply Of Jasper, Texas In
The Projected Budgetary Impact Amount Of$240,000.00. Funds Are
Available In Account No. 410-40-215-5315-00-00-000, Water System
Maintenance
(20) P.R. No. 22456 — A Resolution Authorizing The City Manager To
Execute Settlement Of A Physical Damage Claim In The Amount Of
$74,671.92 Made Against Texas Municipal League
Intergovernmental Risk Pool (TML-IRP) As A Result Of Property
Damage To Public Works Unit #2110
(21) P.R. No. 22457 — A Resolution Authorizing The City Manager To
Execute Settlement Of A Physical Damage Claim In The Amount Of
$18,050.00 Made Against Texas Municipal League
Intergovernmental Risk Pool (TML-IRP) As A Result Of Property
Damage To Police Unit #2233
(22) P.R. No. 22458 — A Resolution Authorizing The City Manager To
Execute Settlement Of A Physical Damage Claim In The Amount Of
$32,450.00 Made Against Texas Municipal League
Intergovernmental Risk Pool (TML-IRP) As A Result Of Property
Damage To Fire Unit #2223
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AGENDA
MARCH 29, 2022
VII. CONSENT AGENDA — CONTINUED
(23) P.R. No. 22459 — A Resolution For Non-Monetary Support Of The
Sabine Pass Port Authority's Application To The Department Of
Transportation Maritime Administration For The 2022 Port
Infrastructure Development Program Grants (Opportunity #MA-PID-
22-001) For $7,100,000.00
(24) P.R. No. 22460 — A Resolution Authorizing The City Manager To
Execute Change Order No. 1 To The Contract Between The City Of
Port Arthur And Gulf Coast A CRH Company Of Beaumont, Texas For
The Installation Of Manholes, Risers, Curb And Inlet Rework And The
Addition Of 132 Calendar Days For The Amount Of $181,409.00
Increasing The Original Contract Amount To $1,665,254.00 And
Amending The Contract Completion Date To October 11, 2022 For
The 5th And 6th Street Rehabilitation Project With Funding From
Street Maintenance Account 307-80-625-8518-00-10-000 And The
Community Development Block Grant (CDBG) Account 105-13-033-
8517-00-40-000. Project Nos. ST1P54 AND ST1P55
(25) P.R. No. 22462 — A Resolution Authorizing The City Of Port Arthur's
Earth Day Celebration And Various Participatory Events From April
18, 2022, Through April 23, 2022
(26) P.R. No. 22464 — A Resolution Authorizing The City Manager To
Execute Change Order No. 2 Decreasing The Original Contract
Amount By $366,938.96 To The New Contract Amount Of
$2,232,457.04 And Acceptance Of The Certificate Of Completion,
Contractor's Certificate And Release, Contractor's Certificate Of
Warranty, Contractor's Certificate Of Debts Paid To The Contract
Between The City Of Port Arthur And Elite Contractors & Equipment,
LTD Of Kirbyville, Texas For The Lakeshore Drive Phase 3 & 4
Roadway Reconstruction Project And Approval Of Release Of
Retainage For The Amount Of $111,622.85 From The Capital
Improvements Street Maintenance And Repair Account No. 307-21-
053-8517-00-10-000. Project No. ST1P44-CON
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AGENDA
MARCH 29, 2022
VII. CONSENT AGENDA — CONTINUED
(27) P.R. No. 22466 — A Resolution Authorizing The City Manager To
Execute Change Order No. 1 With McInnis Construction, Inc. Of
Silsbee, Texas For Phase III Repairs To The Department Club
Increasing The Contract Amount By $34,106.70 To A New Total Of
$292,606.70. Funds Available In Account 307-21-049-8512-00-10-
000, Project No. B00011
(28) P.R. No. 22467 — A Resolution Of The City Of Port Arthur Seeking
Official Designation As Cajun Capital Of Texas
(29) P.R. No. 22470 — A Resolution Authorizing The Execution Of
Contracts For The Purchase Of Type D Hotmix Asphaltic Concrete For
The Street Division Of Public Works With Gulf Coast And L.D.
Construction Of Beaumont Texas With A Projected Budgetary Impact
Of $1,297,500.00. Budgeted Funds Are Available In Capital Account
307-21-053-8517-00-10-000 Various Street Projects
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 22423 — A Resolution Rescinding Resolution No. 22-081 In
Its Entirety, Which Authorized The City Manager To Enter Into A
Contract With Allco, LLC Of Beaumont, Texas For The Rehabilitation
And Modification Of The Main Wastewater Treatment Plant
(2) P.R. No. 22424 — A Resolution Authorizing The City Manager To
Execute A Contract With Allco, LLC Of Beaumont, Texas, For The
Rehabilitation And Modification Of The Main Wastewater Treatment
Plant With A Total Projected Budgetary Amount Of $73,643,227.00;
$56,237,412.00 From Account No. 404-40-000-8516-00-00-000,
Project No. TW-0003-CON And $17,405,815.00 From 169-07-015-
8516-00-40-000, Project No. ARP002-GREWWT
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AGENDA
MARCH 29, 2022
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(3) P.R. No. 22429 — A Resolution Of The City Council Of The City Of
Port Arthur, Texas, Finding And Determining That A Certain Area Of
The City Contains Conditions Which Are Detrimental To The Public
Health, Safety, And Welfare Of The Community Due To A High Risk
Of Flooding And Erosion And Designating This Area As A Disaster
Risk Reduction Area (DRRA)
(4) P.R. No. 22430 — A Resolution Authorizing The Second And Final
Renewal Of The Contract With Joey's Tractor Service For The Mowing
Of The City Of Port Arthur Section 4A Economic Development
Corporation Spur 93 Business Park And The Jade Avenue Business
Park In An Amount Not To Exceed $30,250.00; Funds Available In
EDC Account Number: 120-80-625-5479-00-00-000
(5) P.R. No. 22432 —A Resolution Approving The Award Of A Bid By The
City Of Port Arthur Section 4A Economic Development Corporation
To S & S Investigations & Security, Inc., Of Groves, Texas, For
Security Guard Services To Serve The Spur 93 Business Park, In The
Annual Not To Exceed Amount Of $96,822.00 And Authorizing The
PAEDC To Execute The Agreement. Funding Available In EDC
Account No. 120-80-625-5479-00-00-000
(6) P.R. No. 22433 — A Resolution Authorizing The City Of Port Arthur
Section 4A Economic Development Corporation To Enter Into An
Agreement For Professional Services With Arceneaux Wilson & Cole
LLC To Conduct A Water And Sanitary Sewer Evaluation At The Spur
93 Business Park In An Amount Not To Exceed $26,950.00; Funds
Available In EDC Account No. 120-80-625-5479-00-00-000
(7) P.R. No. 22465 — A Resolution Authorizing The City Manager To
Amend The Hauling Of Leachate Contract With American Allwaste
LLC DBA Wastewater Transport Services Of Beaumont, Texas
Increasing The Original Contact Amount By $17,500.00 To A New
Total Not To Exceed Amount Of $87,500.00 Funding Available In
Account No. 403-50-320-5470-00-00-000, Other Contractual
Services
> >
AGENDA
MARCH 29, 2022
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(8) P.R. No. 22468 — A Resolution Appointing And/Or Reappointing A
Director Or Directors To The City Of Port Arthur Section 4A Economic
Development Corporation (Requested By Councilmember Marks)
(9) P.R. No. 22469 — A Resolution Appointing Members To The Port
Arthur Coalition For Homeless Advisory Board
B. Ordinances — Non-Consent
(1) P.O. No. 7016 — An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Changing The Zoning On 39.589-Acres Of
Land Out Of Lots 3, 4, 5 & 6, Block 3, Range "C", Port Arthur Land
Company Subdivision, Port Arthur, Jefferson County, Texas
(Violation Of This Ordinance Or The Zoning Ordinance Of The City
Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code
Of Ordinances As Amended By Fine Not Exceeding Two Thousand
[$2,000.00] Dollars); And Providing For Publication In The Official
Newspaper Of The City Of Port Arthur Effective Immediately After
Publication Date
Z21-06 — Thomas & Evelyn Kemper
(2) P.O. No. 7028 — An Ordinance Authorizing The Sale Of City Owned
Vacant Tracts Of Land Located In Block 81 Of The City Of Port Arthur
Addition, Being More Commonly Known As 714, 724 & 728 8th Street
And 730 & 732 Beaumont Avenue And The Execution Of Special
Warranty Deeds
(3) P.O. No. 7042 — An Ordinance Amending Article VIII (Food Service
Establishments) And Article X (Marine Products, Meat Products And
Wholesalers), Chapter 22 (Businesses) Of The Code Of Ordinances;
Violations Of This Ordinance Are Punishable As Provided In Section
1-13 Of The City Code Of Ordinances As Amended By Fine Not
Exceeding Two Thousand Dollars [$2,000.00]; And Providing For
Publication In The Official Newspaper Of The City Of Port Arthur And
Effective Immediately After Publication Date
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AGENDA
MARCH 29, 2022
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(4) P.O. No. 7043 — An Ordinance Extending The Declaration Of Disaster
Pursuant To §418.108(b) Of The Texas Government Code
(5) P.O. No. 7044 — An Ordinance Amending Section 2-31(d) Of The
Code Of Ordinances Governing Requests To Draft Ordinances Or
Resolutions By Replacing Subsection (d) As It Pertains To The Time
For Preparation And Submission Of Agenda Items For City Council
Consideration And Review Of Contracts (Requested By Mayor Pro
Tem Frank)
(6) P.O. No. 7046 — An Ordinance Authorizing The Sale Of Surplus
Furniture/Minor Equipment By A Public Online Auction Through Rene
Bates Auctioneers, Inc.
(7) P.O. No. 7047 — An Ordinance Of The City Of Port Arthur, Texas
Suspending The Rates Proposed By Texas Gas Service Company's
("TGS" Or "Company") Gas Reliability Infrastructure Program
("GRIP") Filing Made With The City On February 10, 2022; Finding
That The Meeting Complies With The Open Meetings Act; Making
Other Findings And Provisions Related To The Subject, And Declaring
An Effective Date
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AGENDA
MARCH 29, 2022
IX. *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 551.071 Government Code — To Discuss And Receive Legal
Advice From The City Attorney Regarding Potential And/Or Pending
Litigation And Other Legal Matters Involving The City Of Port Arthur
(2) Section 551.072 Government Code — To Discuss Or Deliberate The
Purchase, Exchange, Lease, Or Value Of Real Property Within The
City Limits Of Port Arthur
(3) Section 551.074 Government Code — To Discuss The Duties And
Responsibilities Of The City Attorney, City Manager, City Secretary
and Municipal Court Judge
*The Items In Executive Session May Be Discussed And Acted On
In Open Session
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AGENDA
MARCH 29, 2022
X. ADJOURNMENT OF MEETING
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NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect
To Recess The Meeting And Reconvene At 9:30 AM On March 30, 2022.
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
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Is
RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS
1. Recognition by Presiding Officer. 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 microphone 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. All remarks shall be addressed to the Council as a whole and not to any member
thereof. No person other than members of the Council 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, Disorderly Conduct By Person Addressing The Council; 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 Public Hearing Closed. After a motion has been made or a public hearing has
been closed, 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.
5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign
speeches for or against any candidate who has announced or 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 clapping,
stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct
disturbs the peace and good order of the meeting.
7. Limitations 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 Complaints,Allegations, or Charges Against Individual City Employees. No person shall make
any complaint, specific allegation, or charge against an individual City Employee by name 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.
Removal.If,after receiving a warning from the Presiding Officer,a person persists in disturbing the meeting,such
Officer may order him to remove himself from the meeting. If he does not remove himself,the Presiding Officer may
order the Sergeant-at-arms to remove him.
Resisting Removal.Any person who resists removal by the Sergeant-at-arms shall be charged with violating 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
affirmative 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 Requesting To Be Heard On Agenda Items(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 Open Meetings Law. (2)
Nonresidents. Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in
the matter being considered. The City Secretary shall present such request to the Presiding Officer for approval before
placing the name on the Agenda.
Specific Agenda Items. After a motion, second and discussion by the City Council on any specific agenda item, and
before a vote is taken, the Presiding Officer shall recognize any citizen in the audience wishing to address 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 Meeting posted for purposes of the Texas Open Meetings Law
and which becomes the subject of a motion before the Council.