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HomeMy WebLinkAbout(1) 03/29/2022 REGULAR MEETING REGULAR MEETING — February 1, 2022 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Jones 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 1, 2022 at 9:41 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartle; Mayor Pro Tem Donald Frank, Sr.; Councilmembers Ingrid Holmes, Cal Jones, Thomas Kinlaw, III. and Charlotte Moses; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Councilmember Kenneth Marks was absent from the Regular Meeting. II. PROCLAMATIONS — None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Terrance Prevost Regarding Historic Home Restoration Of A Cottage Built In 1910 Located At 2525 4th Street Not present. (2) Clarence F. Mitchell Regarding Ecotourism And Enterprise Zone Tax Credit Not present. (3) James Thornton Regarding The Community Of Port Arthur James Thornton, 4416 Rolling Rock, appeared before the City Council to discuss the above-mentioned topic. (4) Theron Tate Regarding The Potential Disannexation Of Land Located Near Brai Drive Theron Tate, 8937 5th Street, appeared before the City Council to discuss the above- mentioned topic. B. Presentations (1) A Presentation By City Attorney, Val Tizeno and Attorney Gunnar Seaquist Of Bickerstaff Heath Delgado Acosta, LLP Regarding The 2020 Census Redistricting Process Gunnar Seaquist I Partner I Bickerstaff Heath Delgado Acosta LLP, gave the above- mentioned presentation. (2) A Presentation By Allen Sims Of The Jefferson County Drainage District No. 7 Regarding The Port Arthur Project Drainage District Engineer Allen Sims gave the above-mentioned presentation. REGULAR MEETING — March 29, 2022 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Marks 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, March 29, 2022 at 9:36 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartie; Mayor Pro Tem Donald Frank, Sr.; Councilmembers Ingrid Holmes, Kenneth Marks, and Charlotte Moses; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Councilmembers Cal Jones and Thomas Kinlaw, III. joined the Regular Meeting at 9:40 a.m. II. PROCLAMATIONS Proclamations The Mayor issued the following Proclamation(s): March 17, 2022 as "Mattie Morrow Day" III. PETITIONS & COMMUNICATIONS A. Speakers (1) Ronald R. Moon Regarding Pleasure Island, Progress Of New Management Ronald Moon, 707 North 15t Street, Nederland, Texas, appeared before the City Council to discuss the above-mentioned topic. V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Councilmember Marks expressed his appreciation to the Mayor, Councilmembers, City Administration, and staff for their condolences regarding the loss of his brother Ralph Raymond Marks, Jr. IV. PUBLIC HEARING(S) - 9:00 AM 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. The Mayor introduced the above-mentioned Public Hearing at 10:00 a.m. The City Attorney gave an overview of the above-mentioned disannexation. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. Upon the motion of Councilmember Marks, seconded by Councilmember Moses and carried unanimously, the City Council closed the Public Hearing at 10:05 a.m. III. PETITIONS & COMMUNICATIONS B. Presentations (1) Presentation By Mistie Layne Of The Tween Esteem Camp Regarding A Self-Esteem Camp For Girls Ages 9-12 Mistie Layne, 4419 Sheryl wood Drive, and newly elected Justice of the Peace Guillory gave the above-mentioned presentation. (2) Presentation By Staff Status Update On The Landfill Public Works Director Flozelle Roberts and SCS Engineer January Murray and Dr. Hani Tohme gave the above-mentioned presentation. (3) Presentation By Staff Regarding The Wastewater Treatment Project City Attorney stated no presentation was need siting proposed resolutions no.'s 22423 and 22424. C. Employee Recognition D. Correspondence E. Discussion (1) A Brief Overview By Mayor Bartie 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) Mayor Bartle and Mayor Pro Tern Frank gave a brief overview of the Annual National League of Cities conference. (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) City Council Minutes Regular Meeting — March 29, 2022 2 Discussion was held regarding changes to the internal agenda process to provide the agenda to council the Thursday before a scheduled meeting. VIII. ITEMS REQUIRING INDIVIDUAL ACTION NON-CONSENT B. Ordinances (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 Tern Frank) The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tern Frank, seconded by Councilmember Holmes and carried, Proposed Ordinance No. 7044 was adopted becoming Ordinance No. 22-18. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 22-18 reads as follows: ORDINANCE NO. 22-18 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) 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Marks that Proposed Resolution No. 22387 be adopted. Purchasing Director Clifton Williams appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. City Council Minutes Regular Meeting — March 29, 2022 3 Proposed Resolution No. 22387 was adopted becoming Resolution No. 22-116. The caption of Resolution No. 22-116 reads as follows: RESOLUTION NO. 22-116 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 VII. CONSENT AGENDA Upon the motion of Councilmember Holmes, seconded by Councilmember Moses and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 22435 and 22436: Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. 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 Proposed Resolution No. 22316 was adopted becoming Resolution No. 22-117. (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) Proposed Resolution No. 22346 was adopted becoming Resolution No. 22-118. (3) P.R. No. 22412 — A Resolution Authorizing The City Manager To Accept The Certificate Of Completion, Contractor's City Council Minutes Regular Meeting — March 29, 2022 4 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 Proposed Resolution No. 22412 was adopted becoming Resolution No. 22-119. (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 Proposed Resolution No. 22420 was adopted becoming Resolution No. 22-120. (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 Proposed Resolution No. 22422 was adopted becoming Resolution No. 22-121. (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 Proposed Resolution No. 22426 was adopted becoming Resolution No. 22-122. (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 Proposed Resolution No. 22427 was adopted becoming Resolution No. 22-123. (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 Proposed Resolution No. 22444 was adopted becoming Resolution No. 22-124. City Council Minutes Regular Meeting — March 29, 2022 5 (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 Proposed Resolution No. 22445 was adopted becoming Resolution No. 22-125. (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 B00012-OTH, Account 307-21- 049-8512-00-10-000 Proposed Resolution No. 22447 was adopted becoming Resolution No. 22-126. (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 Proposed Resolution No. 22448 was adopted becoming Resolution No. 22-127. (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 Proposed Resolution No. 22449 was adopted becoming Resolution No. 22-128. (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 Proposed Resolution No. 22450 was adopted becoming Resolution No. 22-129. (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 City Council Minutes Regular Meeting — March 29, 2022 6 Documents Necessary To Implement The Contract Final Renewal To Be Effective April 1, 2022 Proposed Resolution No. 22451 was adopted becoming Resolution No. 22-130. (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 Proposed Resolution No. 22452 was adopted becoming Resolution No. 22-131. (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 Proposed Resolution No. 22453 was adopted becoming Resolution No. 22-132. (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 Proposed Resolution No. 22455 was adopted becoming Resolution No. 22-133. (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 Proposed Resolution No. 22456 was adopted becoming Resolution No. 22-134. (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 Proposed Resolution No. 22457 was adopted becoming Resolution No. 22-135. (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 Proposed Resolution No. 22458 was adopted becoming Resolution No. 22-136. City Council Minutes Regular Meeting — March 29, 2022 7 (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 Proposed Resolution No. 22459 was adopted becoming Resolution No. 22-137. (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 Proposed Resolution No. 22460 was adopted becoming Resolution No. 22-138. (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 Proposed Resolution No. 22462 was adopted becoming Resolution No. 22-139. (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 Proposed Resolution No. 22464 was adopted becoming Resolution No. 22-140. (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 Proposed Resolution No. 22466 was adopted becoming Resolution No. 22-141. (28) P.R. No. 22467 — A Resolution Of The City Of Port Arthur Seeking Official Designation As Cajun Capital Of Texas City Council Minutes Regular Meeting — March 29, 2022 8 Proposed Resolution No. 22467 was adopted becoming Resolution No. 22-142. (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 Proposed Resolution No. 22470 was adopted becoming Resolution No. 22-143. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and carried, Proposed Resolution No. 22435 was adopted becoming Resolution No. 22-144. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 22-144 reads as follows: RESOLUTION NO. 22-144 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 City Council Minutes Regular Meeting — March 29, 2022 9 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Holmes and seconded by Councilmember Jones that Proposed Resolution No. 22436 be adopted. Public Works Director Flozelle Roberts appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22436 was adopted becoming Resolution No. 22-145. The caption of Resolution No. 22-145 reads as follows: RESOLUTION NO. 22-145 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 A. Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes Regular Meeting — March 29, 2022 10 Upon the motion of Councilmember Holmes, seconded by Councilmember Jones and carried, Proposed Resolution No. 22423 was adopted becoming Resolution No. 22-146. Voting Yes: Mayor Bartie; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 22-146 reads as follows: RESOLUTION NO. 22-146 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tern Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 22424 was adopted becoming Resolution No. 22-147. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 22-147 reads as follows: RESOLUTION NO. 22-147 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 (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 City Council Minutes Regular Meeting — March 29, 2022 11 The Community Due To A High Risk Of Flooding And Erosion And Designating This Area As A Disaster Risk Reduction Area (DRRA) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Marks, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 22429 was adopted becoming Resolution No. 22-148. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 22-148 reads as follows: RESOLUTION NO. 22-148 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Holmes and carried, Proposed Resolution No. 22430 was adopted becoming Resolution No. 22-149. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 22-149 reads as follows: RESOLUTION NO. 22-149 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 City Council Minutes Regular Meeting — March 29, 2022 12 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Marks, and carried Proposed Resolution No. 22432 was adopted becoming Resolution No. 22-150. Voting Yes: Mayor Bartle; Councilmembers Jones, Kinlaw, Marks and Moses. Voting No: Mayor Pro Tern Frank The caption of Resolution No. 22-150 reads as follows: RESOLUTION NO. 22-150 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Marks, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 22433 was adopted becoming Resolution No. 22-151. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 22-151 reads as follows: City Council Minutes Regular Meeting — March 29, 2022 13 RESOLUTION NO. 22-151 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Jones, seconded by Councilmember Holmes and carried, Proposed Resolution No. 22465 was adopted becoming Resolution No. 22-152. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 22-152 reads as follows: RESOLUTION NO. 22-152 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 (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) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Kinlaw and seconded by Councilmember Jones that Proposed Resolution No. 22468 be adopted. Councilmember Marks nominated Ellen Clark for appointment. City Council Minutes Regular Meeting — March 29, 2022 14 Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22468 was adopted, with the above-mentioned name added, becoming Resolution No. 22-153. The caption of Resolution No. 22-153 reads as follows: RESOLUTION NO. 22-153 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Kinlaw and seconded by Councilmember Holmes that Proposed Resolution No. 22469 be adopted. The following nomination were made for appointment: Mayor Bartle — Victoria Pham and Deborah Davis. Councilmember Holmes: Rosalind Queen Councilmember Kinlaw: Alvin Frazier and Clifton Baptise Councilmember Moses: Deloris Prince Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22469 was adopted becoming Resolution No. 22-154. The caption of Resolution No. 22-154 reads as follows: RESOLUTION NO. 22-154 A RESOLUTION APPOINTING MEMBERS TO THE PORT ARTHUR COALITION FOR HOMELESS ADVISORY BOARD A. Ordinances (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 City Council Minutes Regular Meeting — March 29, 2022 15 Publication In The Official Newspaper Of The City Of Port Arthur Effective Immediately After Publication Date Z21-06 — Thomas & Evelyn Kemper The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Jones, seconded by Councilmember Holmes and carried, Proposed Ordinance No. 7016 was adopted becoming Ordinance No. 22-19. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 22-19 reads as follows: ORDINANCE NO. 22-19 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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tern Frank, seconded by Councilmember Moses and carried, Proposed Ordinance No. 7028 was adopted becoming Ordinance No. 22-20. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 22-20 reads as follows: ORDINANCE NO. 22-20 AN ORDINANCE AUTHORIZING THE SALE OF CITY OWNED VACANT TRACTS OF LAND LOCATED IN BLOCK 81 OF THE CITY OF PORT City Council Minutes Regular Meeting — March 29, 2022 16 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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Marks, seconded by Councilmember Moses and carried, Proposed Ordinance No. 7042 was adopted becoming Ordinance No. 22-21. Voting Yes: Mayor Bartie; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 22-21 reads as follows: ORDINANCE NO. 22-21 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 (4) P.O. No. 7043 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and carried, Proposed Ordinance No. 7043 was adopted becoming Ordinance No. 22-22. Voting Yes: Mayor Bartie; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 22-22 reads as follows: City Council Minutes Regular Meeting — March 29, 2022 17 ORDINANCE NO. 22-22 AN ORDINANCE EXTENDING THE DECLARATION OF DISASTER PURSUANT TO §418.108(B) OF THE TEXAS GOVERNMENT CODE (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. The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Marks, seconded by Councilmember Moses and carried, Proposed Ordinance No. 7046 was adopted becoming Ordinance No. 22-23. Voting Yes: Mayor Bartle; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 22-23 reads as follows: ORDINANCE NO. 22-23 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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Holmes, seconded by Councilmember Jones and carried, Proposed Ordinance No. 7047 was adopted becoming Ordinance No. 22-24. Voting Yes: Mayor Bartle; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 22-24 reads as follows: ORDINANCE NO. 22-24 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 City Council Minutes Regular Meeting — March 29, 2022 18 MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE IX. *CLOSED MEETING (EXECUTIVE MEETING) 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 City Council recessed their meeting at 12:19 p.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 2:22 p.m. with the following members present: Mayor Bartie; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses; City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Moses, seconded by Councilmember Marks and carried unanimously, the City Council adjourned their meeting at 2:24 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 THURMAN "BILL" BARTIE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD March 29, 2022. APPROVED: City Council Minutes Regular Meeting — March 29, 2022 19