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Home My WebLink About(5) JOINT SPECIAL - 8/12/033OINT SPECIAL HEETING - August 12, 2003 t'. ROLL CALL, 1'NVOCATTON & PLEDGE The City Council of the City of Port Arthur met in Joint Special Session on Friday, August 12, 2003 at 5:29 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Pro Tern Tom Gillam, III; Councilmembers Craig Hannah, Felix A. Barker, Thomas J. Henderson, Rose M. Chaisson and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City Attorney Mark T. Sokolow. Councilmember John Beard, Jr. and Councilmember Ronnie Thompson arrived at the Joint Special Meeting during the Closed Meeting Session. The Section 4A Economic Development Corporation (EDC) of the City of Port Arthur joined the City Council in Special Session with the following members present: EDC Board Directors Martin Flood, Bill Fouts, 3. B. Hathaway, and Allen .]. Watson, Sr. and EDC Advisory Director Alonzo Edmond; Executive Director [ke Mills; EDC Attorney Jim Wimberly and EDC Secretary Bobby Mitchell. EDC Board Director Paula Richardson arrived at the Joint Special Meeting during the Closed Meeting Session. ZV. *CLOSED HEETING (EXECUTIVE SESSION) (1) Section 551.071 Government Code - To Discuss And Possibly Take Action On The BettyK/e/V~ EDCLitigation. (2) Section 551.071 Government Code - To Discuss With Brian Begle The Pending Litigation As It Pertains To Igalious I~lills. (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To Hark Hayes. (4) Section 551.072 Government Code - To Discuss The Value Of Land As It Pertains To The Extension Of .~immy Johnson Boulevard, Utility Easements And Landscaping Easements. (5) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To The Park Central Development Corporation And Its Affiliated Entities. The City Council recessed their 3oint Special Meeting at 5:31 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 6:42 p.m. with the following members present: Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. Councilmember Chaisson left the City Council meeting during the Closed Meeting Session at 6:37 p.m. and did not return. EDC Executive Director Mills recused himself from discussion of Closed Meeting l~tems Numbers One and Two. ZZ. UNFZNISHED BUSINESS P. R. NO. 12279 - A Resolution Authorizing Dikita Engineering To Perform Additional Engineering Services. Mayor Pro Tem Gillam introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Beard that Proposed Resolution No. 12279 be adopted. Cit~ Council and Port Arthur Economic Development Corporation discussion included acquisition of row-of-ways, the rerouting of water and sanitary sewer lines and funding allocation of the additional engineering services. Mayor Pro Tem Gillam stated for the record the following comments: "My concern, ! was hoping that we were not paying $232,000, a $116,000 to LS!, a $116,000 to EDC, and $232,000 for the project. And, that is what ! wanted to make clear that is not what we were doing. The $116,000 that was originally allocated and is fact actually coming off the $7.4 Proposed Resolution No. 12279 was adopted becoming Resolution No. 03-207. Voting Yes: Mayor Pro Tem Gillam, Councilmembers Hannah, Barker, Henderson, Beard, Thompson, and Sinegal. Voting No: None. The caption of Resolution No. 03-207 reads as follows: RESOLUTI'ON NO. 03-207 A RESOLUTI~ON AUTHORIZING DIK/TA ENGINEERTNG TO PERFORM ADDITIONAL ENGINEERING SERVICES. P. R. No. 12279 - A Resolution Authorizing Dikita Engineering To Perform Additional Engineering Services. EDC Board Director Richardson introduced the above-mentioned Proposed Resolution. Upon the motion was made by EDC Board Director Hathaway and seconded by EDC Board Director Watson and carried unanimously, Proposed Resolution No. 12279 was adopted by the Port Arthur 4A Economic Development Corporation. EDC Board Director Flood recused himself from discussion or voting on the above- mentioned Proposed Resolution. Voting Yes: EDC Board Directors Richardson, Fouts, Hathaway and Watson. III. ITEMS REQUIRING INDIVIDUAL ACTION Resolutions (1) P. R. No. 12291 - A Resolution Authorizing The City Of Port Arthur Section 4 (A) Economic Development Corporation Executive Director, The City Manager And The City Attorney To Take Such Action As Is Necessary To Obtain Tracts Of Land From Mark Hayes And Sabine Neches, Inc., And To Enforce The Obligations Of Park Central Development Corporation And Its Affiliated Entities Mayor Pro Tem Gillam introduced the above-mentioned Proposed Resolution. City Attorney Sokolow read Exhibit "D" for the record: "The City Attorney shall proceed with the condemnation with the assistance of Guy Goodson, Attorney at Law. They shall endeavor to enforce the 1982 obligations of Park Central Development Corporation and its affiliated entities to provide these easements at no costs and shall further seek damages for their failure to timely do so." Upon the motion of Councilmember Henderson, seconded by Councilmember Beard and carried unanimously, Proposed Resolution No. 12291 was also adopted becoming Resolution No. 03-208. Voting Yes: Mayor Pro Tem Gillam, Councilmembers Hannah, Barker, Henderson, Beard, Thompson and Sinegal. Voting No: None. The caption of Resolution No. 03-208 reads as follows: RESOLUTION NO. 03-208 A RESOLUTION AUTHOR/ZING THE CITY OF PORT ARTHUR SECTION 4 (A) ECONOM1~C DEVELOPMENT CORPORATION EXECUTIVE DIRECTOR, THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE SUCH ACTION AS TS NECESSARY TO OBTAIN TRACTS OF LAND FROM MARK HAYES AND SABINE NECHES~ INC., AND TO ENFORCE THE OBLIGATIONS OF PARK CENTRAL DEVELOPMENT CORPORATIION AND ]TS AFFILIATED ENTITIES (1) P. R. No. 12291 - A Resolution Authorizing The City Of Port Arthur Section 4 (A) Economic Development Corporation Executive Director, The City Manager And The City Attorney To Take Such Action As Is Necessary To Obtain Tracts Of Land City Attorney Sokolow read Exhibit "D" for the record: "The City Attorney shall proceed with the condemnation with the assistance of Guy Goodson, Attorney at Law. They shall endeavor to enforce the 1982 obligations of Park Central Development Corporation and its affiliated entities to provide these easements at no costs and shall further seek damages for their failure to timely do so." Upon the motion of EDC Board Director Watson, seconded by EDC Board Director Richardson and carried unanimously, Proposed Resolution No. 12291 was also adopted by the Port Arthur 4A Economic Development Corporation. Voting Yes: EDC Board Directors Flood, Richardson, Fours, Hathaway and Watson. Voting No: None. (2) P. R. No. :L2292 - A Resolution Authorizing The City Of Port Arthur Section 4 (A) Economic Development Corporation Executive Director~ The City I~tanager And The City Attorney To Take Such Action As Is Necessary To Obtain Tracts Of Land From Park Commercial investors~ LTD.~ And To Enforce The Obligations Of Park Central Development Corporation And its Affiliated Entities Mayor Pro Tem Gillam introduced the above-mentioned Proposed Resolution. City Attorney Sokolow read Exhibit "D" for the record: "The City Attorney shall proceed with the assistance of Guy Goodson, Attorney at Law to enforce the 1982 obligations of Park Central Development Corporation and its affiliated entities to provide the utility and road right-of-way easements at no costs and shall further seek damages for their failure to timely do so." Upon the motion of Councilmember Beard, seconded by Councilmember Henderson and carried unanimously, Proposed Resolution No. 12292 was adopted becoming Resolution No. 03-209. Voting Yes' Mayor Pro Tem Gillam, Councilmembers Hannah, Barker, Henderson, Beard, Thompson and $inegal. Voting No: None. The caption of Resolution No. 03-209 reads as follows: RESOLUTION NO. 03-209 A RESOLUTION AUTHOR]ZiNG THE CiTY OF PORT ARTHUR SECTION 4 (A) ECONOMIC DEVELOPf4ENT CORPORATION EXECUTTVE (2) P. R. No. :[2292 - A Resolution Authorizing The City Of Port Arthur Section 4 (A) Economic Development Corporation Executive Director, The City Manager And The City Attorney To Take Such Action As ts Necessary To Obtain Tracts Of Land From Park Commercial Investors, LTD, And To Enforce The Obligations Of Park Central Development Corporation And Zts Affiliated Entities EDC Board Director Flood introduced the above-mentioned Proposed Resolution. City Attorney Sokolow read Exhibit "D' for the record: "The City Attorney shall proceed with the assistance of Guy Goodson, Attorney at Law to enforce the 1982 obligations of Park Central Development Corporation and its affiliated entities to provide the utility and road right-of-way easements at no costs and shall further seek damages for their failure to timely do so." Upon the motion of EDC Board Director Richardson, seconded by EDC Board Director Hathaway and carried unanimously, Proposed Resolution No. 12292 was also adopted by the Port Arthur 4A Economic Development Corporation. Voting Yes: EDC Board Directors Flood, Richardson, Fouts, Hathaway, and Watson. Voting No: None. V. AD3OURNbtENT OF I~IEETING Upon the motion of Councilmember Sinegal, seconded by Councilmember Beard and carried unanimously, the City Council adjourned their meeting at 7:26 p.m. Upon the motion of EDC Board Director Fouts, seconded by EDC Board Director Hathaway and carried unanimously, the City Council adjourned their meeting at 7:26 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 PRO TEM TOM GILLAM, III A~E~: C~I-Y SECRETARY