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HomeMy WebLinkAboutJanuary 6, 2004 RegularREGULAR 14EETING - 3anuary 6f 2004 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, ]anuary 06, 2004 at 8:40 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Mayor Pro Tern Tom Gillam, I[I[T.; Councilmembers Craig Hannah, Felix A. Barker, Tom Henderson, .lohn Beard, _lr., Ronnie Thompson and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Mark T. Sokolow. The invocation was given by Councilmember Thompson followed by the pledge to the flag. II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting - December 16, 2003 Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and carried unanimously, the City Council approved the above-mentioned Minutes. Joint Special Meeting - December 22, 2003 Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried unanimously, the City Council approved the above-mentioned Minutes. The Mayor introduced the new First Assistant City Attorney Val Tizeno. First Assistant City Attorney Val Tizeno appeared before the City Council and spoke of her excitement to be working in her hometown, the City of Port Arthur. Councilmember Beard appeared arrived at 8:50 a.m. III. PETITIONS &COMMUNICATIONS A. Speakers (1) Al Price, Bill Elsbee And Greg Douglas Regarding The Acquisition Of Villa Main Apartments The following people appeared before the Council to discuss the acquisition of Villa Main Apartments: Mr. Matt Hopson, Executive Director of Southeast Texas Community Development Corporation, 1190 Grand, Beaumont, Texas, appeared in the place of Mr. Al Price. Mr. Bill Elsbee, 3222 Pasadena Blvd., Pasadena, Texas Mr. Greg Douglas, 8323 South West Freeway, Houston, Texas (2) NAACP Representatives And Local Ministers Regarding Reverend Scott Memorial - RESCHEDULED (3) Lynn Morris Williams Regarding Hiring At The IASIS And KCS Projects - RESCHEDULED (4) Virginia Dudley Schoolfield Regarding Representative Government Mrs. Virginia Dudley Schoofield, 1835 Snider Avenue, appeared before the City Council and addressed concerns relating to the above-mentioned topic regarding City Council/EDC procedures and asked questions. B. Corresoondence None IV. PUBLIC HEARINGS - 9:00AM None V. UNFINISHED BUSINESS P. R. No. 12445 - A Resolution Pertaining To The Transfer Or Sale Of Bent Tree Village And Park Central Village To Bent Tree Village, LTD And Autumn Chase Park, LTD And Subsequent Documents To Have Been Presented By Ike Akbari. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12445 be adopted. The motion was made by Mayor Pro Tem Gillam and seconded by Councilmember Beard that Proposed Resolution No, 12445 be tabled until the requested materials are received for review. The following roll call vote was taken on the motion to table Proposed Resolution No. 12445: Councilmember Barker Councilmember Beard Mayor Pro Tern Gillam Councilmember Hannah Councilmember Henderson Councilmember Sinegal Councilmember Thompson Mayor Ortiz "NO" "Yes" "Yes" "Yes" "Yes" "Yes" "Yes" "No" The motion to table Proposed Resolution No. 12445 carried. VI. CONSENT AGENDA Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 12474, 12487 and 12488: Consideration And Approval Of Awarding A Bid For The Purchase Of One Wide-Format Plain Paper Copier To Imagistic International, Inc., (Through Better Business Machines Of Beaumont, Texas) In The Amount Of $7,375 For The Public Works Department. Consideration And Approval To Rescind The Bid Awarded To Skaggs Uniforms Of Houston, Texas And Accept The Bids Received From Tyler Uniforms of Tyler, TX In The Estimated Amount Of $20,000 For Police Uniforms & Supplies. C. Expense Accounts: Mayor Oscar G. Ortiz: Attend NLC Congress Of Cities Exposition, Nashville, TN City Council Minutes January 6, 2004 December 8-14, 2003 Use Of Personal Auto On City Business, December, 2003 $ 2,170.25 $ 74.88 Mayor Pro Tem Tom Gillam, III.: Use Of Personal Auto On City Business, December, 2003 $ 100.00 Councilmember Felix A. Barker: Attend NLC Congress Of Cities Exposition, Nashville, TN December 8-14, 2003 $ 2,156.25 Use Of Personal Auto On City Business, December, 2003 $ 100.00 Councilmember Tom Henderson: Use Of Personal Auto On City Business, November-December, 2003 In Town: Out Of Town: 200.00 17.28 Resolutions - Consent (2) P. R. No. 12475 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From Starship Nederland, L.P., For The Waterline To Serve Access Mini-Storage/Port Arthur RV Park And Authorizing The City Manager To Execute The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Proposed Resolution No. 12475 was adopted becoming Resolution No. 04-001. (3) P. R. No. 12476 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From Excavators & Constructors, Inc., For The Completion Of The Waterline To Serve Access Mini-Storage/Port Arthur RV Park' And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Proposed Resolution No. 12476 was adopted becoming Resolution No. 04-002. (4) P. R. No. 12477 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 12477 was adopted becoming Resolution No. 04-003. VII. ITEMS RE(~UIRING INDIVIDUAL ACTION - NON-CONSENT Consent- Resolutions (1) P. R. No. 12474 - A Resolution Approving Change Order No. Two To The Contract Between The City Of Port Arthur And AIIco, Inc., Related To The Waterline Rehabilitation Project. (Increases The Contract Amount By $41,181.76); Account No. 427-1626-532.85-00, ProJect No. 427005. The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes January 6, 2004 3 The motion was made by Councilmember Henderson and seconded by Councilmember Barker that Proposed Resolution No. 12474 be adopted. Utility Operations Interim Director Kelly Eldridge appeared before the Council and addressed questions regarding the cost of labor and materials for the project. Proposed Resolution No. 12474 was adopted becoming Resolution No. 04-004. Voting Yes: Hayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Henderson, Beard, Thompson and Sinegal. Voting No: None. The caption of Resolution No. 04-004 reads as follows: RESOLUTI'ON NO. 04-004 A RESOLUTION APPROVING CHANGE ORDER NO. TWO TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND ALLCO, INC., RELATED TO THE WATERLTNE REHABILITATION PRO3ECT. (INCREASES THE CONTRACT AMOUNT BY $41,181.76); ACCOUNT NO. 427-1626- 532.85-00, PRO3ECT NO. 427005. (5) P. R. No. 12487 - A Resolution Authorizing The City Manager To Execute An Interlocal Contract Relating To The Planning, Development, Operation And Provision Of 9-1-1 Service And The Use Of 9-1-1 Funds. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12487 be adopted. Mr. Pete De La Cruz, South East Texas Regional Planning Commission's 9-1-1 Emergency Communications Director, 2716 Nashville Avenue, Nederland, Texas, appeared before the Council and explained that they're "documenting the fact that the way that the money transfers to the City of Port Arthur is a reimbursement basis." He further discussed the role of the commission in managing the 9-1-1 program funds and equipment. Councilmember Barker returned to the meeting at 9:32 a.m. Proposed Resolution No. 12474 was adopted becoming Resolution No. 04-005. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker. Henderson, Beard, Thompson and Sinegal. Voting No: None. The caption of Resolution No. 04-005 reads as follows: RESOLUTION NO. 04-005 A RESOLUTt'ON AUTHORt'ZI'NG THE Ct'TY MANAGER TO EXECUTE AN ]'NTERLOCAL CONTRACT RELATi'NG TO THE PLANN1'NG, DEVELOPMENT, OPERATION AND PROVISION OF 9-].-1 SERV?CE AND THE USE OF 9-].-1 City Council Minutes January 6, 2004 FUNDS. (6) P. R. No. 12488 - A Resolution Designating And Establishing The Mardi Gras Entertainment Area For 2004, Designating r4ardi Gras Of Southeast Texas, Znc., As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Mardi Gras Of Southeast Texas, Inc. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12488 adopted. Planning/Grants Director Dale Watson appeared before the Council and addressed the billing of Mardi Gras of Southeast Texas, Inc. for the services the City provides. The City Manager reiterated that the organization will be billed for services provided and also elaborated on the invoicing of police/fire services, overtime, services during regular working hours and all work outside of the scope of daily operations according to City processes and procedures. Proposed Resolution No. 12488 was adopted becoming Resolution No. 04-006 Voting Yes: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson and Sinegal. Voting No: None. The caption of Resolution No. 04-006 reads as follows: RESOLUTION NO. 04-006 A RESOLUTION DESIGNATING AND ESTABLISHING THE MARDI GRAS ENTERTAINMENT AREA FOR 2004, DESIGNATING MARDI GRAS OF SOUTHEAST TEXAS, INC., AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MARDI GRAS OF SOUTHEAST TEXAS, INC. A. Resolutions P. R. No. 12469 A Resolution Appointing Four New Members To The Port Arthur Youth Advisory Council. The Mayor introduced the above-mentioned Proposed Resolution. The City Secretary stated that appointments needed to be made by Councilmembers Barker, Hannah, $inegal and Thompson. The following appointments were made: Jarrod Bell, 1411 Danny Lane, appointed by Councilmember Barker. Cuevas Peacock, 1549 Joe Louis, appointed by Councilmember Hannah. Jordan Marks, 2225 Waverly Circle, appointed by Councilmember $inegal. Karah R. Davis, 5030 Lakeside Drive, appointed by Councilmember Thompson. City Council Minutes January 6, 2004 5 The motion was made by Councilmember Sinegal and seconded by Councilmember Henderson that Proposed Resolution No. 12469 be adopted with the above-mentioned names inserted. Proposed Resolution No. 12469 was adopted becoming Resolution No. 04-007 Voting Yes: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson and Sinegal. Voting No: None. The caption of Resolution No. 04-007 reads as follows: RESOLUTION NO. 04-007 A RESOLUTZON APPOTNTZNG FOUR NEW MEMBERS TO THE PORT ARTHUR YOUTH ADVTSORY COUNCTL. (2) P. R. No. 12478 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Property Tn The Amount Not To Exceed $12,500.00 Located At Lot Number Eight Tn Block Number Sixty-Six Of Griffing's Residential Park And To Execute The Closing Documents (Account No. 426-1625- 532.81-00, Project No. 426003). The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Barker and seconded by Councilmember Sinegal that Proposed Resolution No. 12478 be adopted. The City Manager discussed the location of the site for the lift stations. Utility Operations Director Kelly Eldridge appeared before the Council and elaborated on the location of the sites in Grifflng Residential Park and also discussed the appraised value of the property and the replacement of the entire sewer system in Griffing Park. He further explained the purpose of constructing lift stations in the sanitary sewer rehabilitation project. Councilmember Thompson left the meeting at 9:45 a.m. Proposed Resolution No. 12478 was adopted becoming Resolution No. 04-008. Voting Yes: Mayor OrtJz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker, Henderson, Beard and Sinegal. Voting No: None. The caption of Resolution No. 04-008 reads as follows: RESOLUTTON NO. 04-008 A RESOLUTTON AUTHORTZ1~NG THE C1'TY MANAGER AND THE C'rTY ATTORNEY TO PURCHASE PROPERTY t'N THE AMOUNT NOT TO EXCEED $12,500.00 LOCATED AT LOT NUMBER ETGHT TN BLOCK NUMBER S1'XTY-STX OF GRI'FFt'NG'S RESTDENTTAL PARK AND TO EXECUTE THE CLOS1'NG DOCUMENTS (ACCOUNT NO. 426-1625-532.81-00, PRO3ECT NO. 426003). City Council Minutes January 6, 2004 (3) P. R. No. :t2482 - A Resolution Confirming The City Manager's Employment Offer To Tom Kestranek As Transit/Equipment Services Manager. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal Proposed Resolution No. 12482 was tabled for tvvoIweeks. The motion to table Proposed Resolution No. 12482 carried unanimously. (4) P. R. No. :L2485 - A Resolution Appointing A Regular Director To The City Of Port Arthur Section 4A Economic Development Corporation. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12485 be adopted. The City Secretary stated that the appointment would be made by Councilmembers representing Districts 1, 4 and 5. Councilmember Thompson returned to the meeting. Upon the motion of Councilmember Beard, seconded by Mayor Pro Tem Gillam Proposed Resolution No. 12485 was tabled for two-weeks. The motion to table Proposed Resolution No. 12485 carried unanimously. (5) P.R. No. 12486 - A Resolution Extending The Time Table For The Development Of Mike's Shopping Plaza. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Barker that Proposed Resolution No. 12486 be adopted. The City Attorney presented an overview of the development of the shopping center located at the corner of 3immy 3ohnson and Highway 69--across from the Coast Guard Building. He also discussed the agreement and time table of completion of the shopping plaza and the effect of an extension on the City and Economic Development Corporation. The following roll call vote was taken on the motion to adopted Proposed Resolution No. 12486: Councilmember Barker Councilmember Beard Mayor Pro Tern Gillam Councilmember Hannah Councilmember Henderson Councilmember Sinegal Councilmember Thompson Mayor Ortiz "Yes" "No" "No" "Yes" bYes,, "Yes" "Yes" "Yes" Proposed Resolution No. 12486 was adopted becoming Resolution No. 04-009. The caption of Resolution No. 04-009 reads as follows: City Council Minutes January 6, 2004 (6) RESOLUTION NO. 04-009 A RESOLUTION EXTENDING THE TIME TABLE FOR THE DEVELOPMENT OF MIKE'S SHOPPING PLAZA. P. R. No. 12489 - A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And Wythe II Corporation For Payment Of Their Utility Account. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12489 be adopted. Finance Director Rebecca Underhill appeared before the Council to answer inquiries regarding the current balance after the requested down payment was made by Wythe TT Corporation for Normandy Apartments for the payment for water utility services. The City Manager commented on procedures regarding payment agreements under Section 110-66 of the Code of Ordinances. Proposed Resolution No. 12489 was adopted becoming Resolution No. 04-010. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson and Sinegal. Voting No: None. The caption of Resolution No. 04-010 reads as follows: RESOLUTION NO. 04-010 A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And Wythe II Corporation For Payment Of Their Utility Account. City Council Minutes January 6, 2004 8 P. R. No. 12490 - A Resolution Appointing Three Board Members To The Port Arthur Municipal Non-Profit Corporation. C. *Reports And Recommendations (1) Report On Bank Community Reinvestment Activities The following individuals from Wells Fargo Bank appeared before the Council to present the above-mentioned report: Ms. Laura Jaramiilo, Community Development Officer for Wells Fargo Bank Mr. Shelton McClure, Regional Manager for Wells Fargo Bank Mr. Daniel Contreras, District Manager for Wells Fargo Bank Ms. Nickie Wall, Store Manager for Port Arthur (2) Report On CDBG Application Process Planning/Grants Director Dale Watson appeared before the Council and presented the above-mentioned report. A. Resolutions (7) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12490 be adopted. City Attorney Sokolow presented background information and the purpose of the organization. He recommended that Proposed Resolution No. 12490 be removed from the agenda. Upon the motion of Mayor Pro Tern Gillam, seconded by Councilmember Beard and carried, Proposed Resolution No. 12490 was removed from the agenda. Councilmembers Thompson and Henderson briefly left the meeting. (8) P.R. No. 12491 - A Resolution Reconsidering The Owner's Representative Contract Between The Port Arthur Section 4A Economic Development Corporation And B.W. Architects (Requested By Mayor Pro Tem Gillam, Councilmember Sinegal, And Councilmember Beard). The Mayor introduced the above-mentioned Proposed Resolution. Councilmembers Thompson and Henderson returned to the meeting. The motion was made by Councilmember Beard and seconded by Councilmember Sinegal that Proposed Resolution No. 12491 be adopted. Executive EDC Director [ke Mills appeared before the Council to discuss the above- mentioned Proposed Resolution and discussed providing local and minority business opportunities. Economic Development Corporation Chairman Flood appeared before the City Council to discuss the owner's representative contract and local business opportunities. Councilmember Beard made the following statement for the record: ! received a letter dated December 29, 2003, from Rebecca Underhill, our City's Finance Director, and it relates to the hospital construction fund and debt service fund. Speaking of the construction fund, it expended slightly over $3.2 million through October, of a total of, I think--S6 million to $7 million for the overall project. Mrs. Underhill, the question ! was asking with regards to you report given on December 29th of last year, it speaks to the hospital construction fund and debt service fund. Finance Director UnderhiII appeared before the Council to respond to Councilmember Beard's inquiries. Finance Director Underhilh Yes. Concilmember Beard: And it speaks of the construction fund expending slightly over $3.2 million through October of 2003. What is that figure a part of what total fee? Finance Director Underhilh The total project is $7.5 million. Concilmember Beard: So, $7.5 million for construction? City? City Council Minutes January 6, 2004 That is the portion of the 9 Finance Director Underhill: ...The 3.2 million is not just construction--included in that is land contract. That is the total hospital project. To recap what ! have on that project, is we did issue bonds in the amount of $7.5 million, we are drawing interest on that, and we estimate that, could over the course of the project be about $100,000. So that leaves, approximately $7.5 million in bond money available for this entire project--which includes the land and the construction contract. Concilmember Beard: Do you have any information of how much has been expended on construction for the total construction side of the project? Finance Director Underhilh Yes, Sir. If you are looking at this report dated December 29th, on the fifth page into that, there is a detail--and through October, Phase T of the contract--was $466,35:[; $900 of that has been spent. Phase ]! of the contract was $5.63 million--S1,156,000 has been spent through October. Councilmember Beard: Okay, leaving a budget remaining for construction of Phase is slightly over $4.2 million? Finance Director Underhilh Right...these numbers are dated, this is as of October. Councilmember Beard requested that Mr. Rueben Brown come forward. Mr. Rueben Brown of BW Architects, 9894 Bissonnet, Houston, Texas, appeared before the Council to discuss his services as an owner's representative, his past employment history and his record on providing opportunities to minority and small businesses. Mr. Roosevelt Petry, 410 Houston Avenue, appeared before the Council to appeal to the Council to support local businesses to hire local people and Small Business Enterprise programs. Economic Development Corporation Executive Director Mills discussed when the above- mentioned contract would culminate and presented his recommendation on the language of the amendment to Section 2. The motion was made by Councilmember Beard and seconded by Councilmember Sinegal that Proposed Resolution No. 12491 by inserting the following language to Section 2: That the contract between B. W. Architects and the Port Arthur Section 4A Economic Development Corporation is herein continued until The following roll call vote was taken on the motion to amend Proposed Resolution No. 12491: Councilmember Barker Councilmember Beard Mayor Pro Tem Gillam Councilmember Hannah Councilmember Henderson Councilmember Sinegal Councilmember Thompson Mayor Ortiz "NO" "Yes" "Yes" "Yes" ~Ye$" "Yes" "Yes" "Yes" City Council Minutes January 6, 2004 10 Proposed Resolution No. 12491 was adopted as amended becoming Resolution No. 04- 011. The caption of Resolution No. 04-011 reads as follows: RESOLUTZON NO. 04-011 A RESOLUTTON RECONSIDERING THE OWNER'S REPRESENTATtVE CONTRACT BETWEEN THE PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATIION AND B.W. ARCHITECTS (RE(~UESTED BY MAYOR PRO TEM GILl. AM, COUNCILMEMBER SINEGAL, AND COUNCILMEMBER BEARD). The City Council recessed their meeting at 12:45 p.m. and reconvened at 2:33 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson, and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.074 Government Code - To Discuss The Duties And Responsibilities Of The City Attorney. (2) Section 551.087 Government Code - To Discuss Economic Incentives For Residential, Commercial, Retail And Industrial Business Prospects. The City Council recessed their meeting at 2:35 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 3:50 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Barker, Henderson, Beard, Thompson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. Councilmember Hannah returned to the meeting. B. Ordinances P. O. No. 5380 - An Ordinance Ordering A Special Election To Be Held For The Purpose Of Electing A Councilmember From District 4 To Fill The Vacancy Created By The District 4 Councilmember Announcing Candidacy For Another Public Office And Providing For Publication Of The Election Notice. The Mayor introduced the above-mentioned Proposed Ordinance. The City Attorney reviewed the Proposed Ordinance regarding ordering a special election to fill a vacancy. He further reviewed Charter, Election Code and Texas Constitution statutes and presented his recommendation on a date for the Special Election--April 10, 2004. Attorney Sokolow also reviewed dates for Early Voting, contacting the Governor's Office to conduct the election on a non-uniform date and other matters. Former Councilmember/Mayor Pro Tem Willie Lewis, Sr., 2301 Lakeshore Drive, appeared before the Council regarding a meeting attended with the President of Market Basket, Inc., Mr. Skylar Thompson and Mr. Bruce Thompson. He discussed placing a portable building at Gilham Circle and continued utilization of other Market Basket sites on Stadium Road and West Port Arthur Road. City Council Minutes January 6, 2004 11 The motion was made by Councilmember Henderson and seconded by Councilmember Beard that Proposed Ordinance No. 5380 be adopted. The motion was made by Councilmember Sinegal and seconded by Councilmember Beard that Proposed Ordinance No. 5380 be amended by the following language: Section 2: That a Special Election is hereby ordered to be held on Aoril JO, 2004, for the. purpose of electing a Councilmember from District 4 to fill said vacancy .... Section 9: That pursuant to Section 67.003 of the Texas Election Code, the City Council of the City of Port Arthur shall meet on April 20, 2004, which is ten I'~O) days following election day and canvass the returns and declare the results of said Election .... A runoff election shall be held as provided in Section 2.025 of the Texas Election Code on May 15, 2004 (Saturday), after the final canvass is completed in the event that a candidate does not receive the majority of votes cast in the General Election for Councilmember for District 4. Section 11: That in accordance with Texas Election Code Sections 141.031, 143.005, and 201.054 and Section 5 of Article III of the City Charter, each candidate shall file an application with the City Secretary at least thirty-one [$~) days prior to the election date or by $:OO z~.m. on February 25, 2004, stating that he/she is fully qualified under the laws of the State of Texas and the Charter of said City to hold the office he/she seeks. Section 20: That the City Secretary is hereby directed to cause the official ballots for use at said Election to be prepared in the manner prescribed by Article III, of the Charter and the Texas Election Code. (Deleted...and the same shall be printed....) Section 22: That the Mayor shall cause notice of this election to be given in accordance with Section 4.003 of the Texas Election Code by publishing a copy of the Notice of Election in the official newspaper of the City of Port Arthur at least one (1) time, oriorto I~ar¢l~ 2004, and a copy of this Ordinance together with a copy of said Notice shall be filed in the office of the City Secretary and another copy of said notice shall be posted on the bulletin board used for posting notices of the meetings of the City Council of the City of Port Arthur as reuuired by the £1ec~ion Code .... Section 24: That the City Attorney will also seek a waiver for the April 10th election and hold it on May 15, 2004. The City Attorney also discussed needed insertions for Exhibits "A' and "B'. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 5380 as amended: Councilmember Barker Councilmember Beard Mayor Pro Tem Gillam Councilmember Hannah Councilmember Henderson Councilmember Sinegal Councilmember Thompson Mayor Ortiz "Yes" "Yes" "Yes" "Yes" "Yes" "Yes" "Yes" "Yes" City Council Minutes January 6, 2004 12 Proposed Ordinance No. 5380 was adopted as amended becoming Ordinance No. 04-0i. The caption of Ordinance No. 04-0:1 reads as follows: ORD1~NANCE NO. 04-01 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD FOR THE PURPOSE OF ELECTING A COUNCILMEMBER FROM DISTRICT 4 TO FILL THE VACANCY CREATED BY THE DISTRICT 4 COUNCILMEMBER ANNOUNCING CANDIDACY FOR ANOTHER PUBLIC OFFICE AND PROVIDING FOR PUBL1'CATION OF THE ELECTION NOTICE. VIII. REPORTS OF BOARDS & COMMrn'EES None X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Mayor Pro Tent Gillam: (1) Report Regarding New Policies in Place on City IVleter Reading (2) Executive Session Item on the Evaluation of the City Hanager, City Secretary and City Attorney (3) Report on the Revitalization of the West Side (4) Proceed with Preparations for the Banker's Forum (to be held on February 9, 2004, from 2:00 p.m. to 4:00 p.m. at the Bob Bowers Civic Center (5) Port Arthur Redevelopment Initiative Meeting with Dr. Toms and Mr. Henderson (announced by the Hayor Pro Tern for a future date) Councilmember Beard: Exxon Mobil Corporation Presentation Regarding the LNG Facility IX. ADJOURNMENT OF MEETING Upon the motion of Mayor Pro Tern Gillam, seconded by Councilmember Beard and carried unanimously, the City Council adjourned their meeting at 5:05 p.m. An audio tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR A'ITEST: CITY SECRETARY END OF SPECIAL MEETING HELD 3anuary 6, 2004 APPROVED: City Cotmcil Minutes January 6, 2004 13