HomeMy WebLinkAbout10-11-05 - REGULAR MEETING REGULAR MEETXNG - October 11~ 2005
T. ROLL CALL, INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, October 11, 2005 at
8:43 a.m. in the City Council Chamber, City Hall, with the following members present: Hayor Oscar
G. Ortiz; Hayor Pro Tem Ronnie Thompson; Councilmember Felix A. Barker, Thomas 3. Henderson,
Hartin Flood, .iohn Beard, .Ir., Deloris "Bobble" Prince and Michael "Shane" Sinegal; City Hanager
Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Hark T. Sokolow.
Nayor Ortiz gave the invocation and followed with the pledge of allegiance to the flag.
Mayor Ortiz expressed appreciation to everyone involved in extending kindness during Hurricane
Rita.
PROCLAMAT/ONS & MZNUTES
Minutes - September 28, 2005 5:30 p.m. Special Council Meeting
The motion was made by Councilmember Flood and seconded by Councilmember Henderson that the
above-mentioned minutes be adopted.
Councilmember Barker made a correction to the September 28, 2005 5:30 p.m. Special Council
Heeting minutes, stating that he was in attendance at the meeting.
The motion to adopt the above-mentioned minutes with the noted correction carried by unanimous
vote.
September 28, 2005 7:30 p,m. Special Council Heeting
The motion was made by Councilmember Flood and seconded by Councilmember Henderson that the
above-mentioned minutes be adopted.
Councilmember Barker made a correction to the September 28, 2005 5:30 p.m. Special Council
Heeting minutes, stating that he was in attendance at the meeting.
The motion to adopt the above-mentioned minutes with the noted correction carried by unanimous
vote.
PE ~, m ~ONS & COMMUNICATZONS
A. Presentations
None
B.Sneakers
None
C, Correspondence
None
~V. PUBLIC HEARINGS
None
V. UNFINISHED BUSINESS
Ordinances:
(1) P.O. 5552 - An Appropriation Ordinance Adopting A Budget For The
Ensuing Fiscal Year Beginning October 1, 2005 And Ending
September 30, 2006, In Accordance With Section 7, Article XII Of
The Charter Of The City Of Port Arthur.
The City Attorney introduced the above-mentioned Proposed Ordinance and read the changes
into the record.
P.O. 5552 was updated and the following language that appears in boldface type was added:
"WH£REA~ the ~layor signed the Order attached hereto as Attachment 2
pertains to an Znterim £mer§ency BudgeC
WH£REA~ the City Council desires to adopt the Budget attached hereto as
Attachment 1 as the Budget for Fiscal Year 2005-2004
WH£REA~ this Ordinance is neco~ary for municipal purpo~s as delineated under
Section 102,00g Local Government Code"
Upon the motion of Councilmember Flood, seconded by Councilmember Henderson and carried,
Proposed Ordinance No. 5552 was adopted as updated becoming Ordinance 05-72.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and Sinegal.
Voting No: None
The caption of Ordinance No. 05-72 reads as follows:
ORDZNANCE 05-72
AN APPROPRIATION ORDZNANCE ADOPTZNG A BUDGET
FOR THE ENSUZNG F~SCAL YEAR BEGZNN~NG OCTOBER
1, 2005 AND ENDTNG SEPTEMBER 30, 2006, XN
ACCORDANCE WZTH 5ECT~ON ?, ARTICLE XZ! OF THE
CHARTER OF THE CZTY OF PORT ARTHUR.
(2) P.O, NO. 5556 - An Appropriation Ordinance Approving And Adoptin9
A Budget For The City Of Por~ Arthur ~-~ion 4A Economic
Development Corporation For The Ensuing Fiscal Year Beginning
October :!., ZOOS And Ending September 30, 2006 Zn Accordance With
Section ~.2.03 Of The Bylaws Of The Corporation.
The City Attorney introduced the above-mentioned Proposed Ordinance and read the changes
into the record.
P.O. 5556 was updated and the following language that appears in boldface type was added:
"WI~RER~ the ~layor signed the Order attached hereto as Exhibit "B" as it
pertains to an Interim ffmergency BudgeG
Wtt£REAS, the City Council desires to approve and adopt the Budget attached
hereto as £xhibit "A, as the Budget for Fi~al Year 2005-200~ for the City of Port
Arthur Section 4A ~conomic Development Corporation,
WH£REAS~ this Ordinance is nece~=ary for municipal/corporation purpose~ as
delineated under Section ~02.009 Local Government Code=
The motion was made by Councilmember Henderson and seconded by Councilmember Flood that
Proposed Ordinance No. 5556 be adopted with the above-mentioned updated language.
Finance Director Rebecca Underhill appeared before the Council and stated that the proposed budget
was provided in July 2005 which was adopted by the EDC Board members.
EDC Administrative Assistant .lana Barnes appeared before the Council to answer questions regarding
staffing at the EDC.
Proposed Ordinance No. 5556 was adopted as updated becoming Ordinance 05-73.
City Council Minutes - Regular Meeting October 11, 2005 2
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Barker, Henderson, Beard,
Prince and Sinegal.
Voting No: Councilmember Flood
The caption of Ordinance No. 05-73 reads as follows:
ORDTNANCE NO, 05-73
AN APPROPRZATZON ORDZNANCE APPROVZNG AND
ADOPTTNG A BUDGET FOR THE crrY OF PORT ARTHUR
SECT/ON 4A ECONOMTC DEVELOPMENT CORPORATZON
FOR THE ENSUTNG FTSCAL YEAR BEGTNNTNG OCTOBER
1, 2005 AND ENDTNG SEPTEMBER 30, 2006 TN
ACCORDANCE wrI'H SECTTON 12.03 OF THE BYLAWS OF
THE CORPORATXON.
(3) P.O. NO. 5558 - An Ordinance Amending Chapter 18 Section 18-33
Permit Schedule Section B-101~ B102, B103, B104, B105 And B106
Permit Fees, Of The Building Code Of Ordinances Of The City Of Port
Arthur, Providing Certain Amendments Therewith, Providing A
Penalty For Violation By Fine Not Exceeding Two Thousand Dollars,
As Provided Tn Section 18-43 Of The Cede Or Otherwise Tmposed By
State Law; Said Charges Repeal All Or Parts Of Ordinances Tn Conflict
Herewith: And Declaring The Effective Date Hereof
The City Attorney introduced the above-mentioned Proposed Ordinance and read the changes
into the record.
P.O. 5558 was updated and the following language that appears in boldface type was added:
"WHEREA~ the /qayor signed the Order attached hereto as Exhibit "B" as it
pertains to Permit Fees in ~ection 18-33 of the Cede of Ordinances~
WHEREA~ the City ~ouncil desires to adopt the changes to the Permit Fee~
attached hereto as Exhibit "A ';"
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried,
Proposed Ordinance No. 5558 was adopted as updated becoming Ordinance No. 05-74.
Voting Yes: Mayor Or~iz; Mayor Pro Tern Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and $inegal.
Voting No: None.
The caption of Ordinance No. 05-74 reads as follows:
ORDTNANCE NO.05-74
AN ORDTNANCE At4ENDTNG CHAPTER 18 SECT/ON 18-
33 PERMI'I' SCHEDULE SECTZON B-101~ B102, B103~
B104, B105 AND B106 PERMrr FEES, OF THE BUTLDTNG
CODE OF ORDTNANCES OF THE cI'rY OF PORT ARTHUR~
PROVZDTNG CERTATN AMENDMENTS THEREW/TH~
PROVTDTNG A PNALTY FOR VTOLATZON BY FTNE NOT
EXCEEDTNG TWO THOUSAND DOLLARS, AS PROVTDED
TN SECTZON 18-43 OF THE CODE OR OTHERWTSE
TMPOSED BY STATE LAW; SATD CHARGES REPEAL ALL
OR PARTS OF ORDTNANCES TN CONFLTCT HEREWrTH:
AND DECLARZNG THE EFFECix~E DATE HEREOF
(4) P.O. No. 5559 - An Ordinance Designating A School Zone Along Lake
Arthur Drive For Ridgewood Christian School, Providing For An
Effective Date, And For Publication
City Council Minutes - Regular Meeting - October 11, 2005 3
The City Attorney introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Flood, seconded by Councilmember Prince and carried, Proposed
Ordinance No. 5559 was adopted becoming Ordinance No. 05-75.
Voting Yes: Mayor Ortiz; Hayor Pro Tern Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 05-75 reads as follows:
ORDZNANCE NO. 05-75
An Ordinance Designating A School Zone Along Lake
Arthur Drive For Ridgewood Christian School, Providing
For An Effective Date, And For Publication
(5) P.O. No. 5560 - An Ordinance Amending Chapter 86 Of The Code Of
Ordinances As Zt Pertains To Solid Waste, Providing For An Effective
Date, And Providing For Publication
The City Attorney introduced the above-mentioned Proposed Ordinance and read the changes
into the record.
P.O. 5560 was updated and the following language that appears in boldface type was added:
"WHER~4S, the Mayor signed the Order attached hereto as ~chibit "A" as it
pertains to Permit Fees in Chapter 8~ of the Code of Ordinance~
WHER~4S, the City Council desires to adopt the change~ to the Permit Fee~ as
delineated herein,"
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried,
Proposed Ordinance No. 5560 was adopted as updated becoming Ordinance No. 05-76.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 05-76 reads as follows:
ORDZNANCE NO. 05-76
An Ordinance Amending Chapter 86 Of The Code Of
Ordinances As It Pertains To Solid Waste, Providing For
An Effective Date, And Providing For Publication
(6) P.O. No. 5561 - An Appropriation Ordinance Amending The Budget Of
The Port Arthur Economic Development Corporation For The Fiscal
Year Beginning October 1, 2005 And Ending September 30, 2005
The City Attorney introduced the above-mentioned Proposed Ordinance and read the changes
into the record.
P.O. 5561 was updated and the following language that appears in boldface type was added:
"WHEREAS, the Mayor signed the Order attached hereto as Exhibit "A" as it
pertains to amending the EDC Budget for i:i$cal Year 2004 to 200S,
WHEREAS, the City Council desires to adopt the amendments to the EDC Budget
as delineated herein,"
City Council Minutes - Regular Meeting October 11, 2005 4
The motion was made by Councilmember Henderson and seconded by Councilmember Flood that
Proposed Ordinance No. 5561 be adopted.
Finance Director Rebecca Underhill appeared before the Council and explained the rationale behind
the ordinance. She discussed the change orders and that there are still issues with the waterline
improvement project.
Proposed Ordinance No. 556:L was adopted becoming Ordinance No. 05-77.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Barker, Henderson, Beard,
Prince and Sinegal.
Voting No: Councilmember Flood.
The caption of Ordinance No. 05-77 reads as follows:
ORDI'NANCE NO. 05-77
An Appropriation Ordinance Amending The Budget Of
The Port Arthur Economic Development Corporation For
The Fiscal Year Beginning October 1, 200S And Ending
September 30, 200S
B. Resolutions
(1) P.A. No. 13247 - A Resolution Approving A Contract Between The
City Of Port Arthur, Lamar State College-Port Arthur And The Port
Arthur Historical Society For The Purpose Of Funding The Museum Of
The Gulf Coast For The 200S-2006 Fiscal Year Tn The Amount Of
$71,000, Account #001-1003-512.59.00
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember Beard
that Proposed Resolution No. 13247 be adopted.
The City Manager explained the source of funding - hotel/motel occupancy tax/general fund.
Proposed Resolution No. 13247 was adopted becoming Resolution No. 05-291.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-291 reads as follows:
RESOLUTZON NO. 05-291
A Resolution Approving A Contract Between The City Of
Port Arthur, Lamar State College-Port Arthur And The
Port Arthur Historical Society For The Purpose Of
Funding The Museum Of The Gulf Coast For The 2005-
2006 Fiscal Year In The Amount Of $71,000, Account
#001-1003-512.59.00
(2) P.R. No. 13248 - A Resolution Authorizing The Execution Of An
Agreement To Share Operating Wexpenses Of Rose Hill Between The
City Of Port Arthur And The Federated Women's Club Of Port Arthur
For The 2005-2006 Fiscal Year; In An Amount Not To Exceed $6000,
Account #140-14085-551.59.00
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Minutes - Regular Meeting - October 11, 2005 5
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried,
Proposed Resolution No. 13248 was adopted becoming Resolution No. 05-292.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-292 reads as follows:
RESOLUTZON NO. 05-292
A RESOLUTION AUTHORZZING THE EXECUTION OF AN
AGREEf4ENT TO SHARE OPERATZNG WEXPENSES OF
ROSE H~'LL BETWEEN THE CZTY OF PORT ARTHUR AND
THE FEDERATED WOMEN'S CLUB OF PORT ARTHUR FOR
THE 2005-2006 FISCAL YEAR; IN AN AMOUNT NOT TO
EXCEED $6000, ACCOUNT #140-14085-551.59.00
(3) P.R. No. 13249 - A Resolution Approving A Contract Between The
City Of Port Arthur And The Port Arthur Historical Society For The
Purposes Of Funding The Pompeiian Villa For The 2005-2006 Fiscal
Year In The Amount Of $14,800, Account #001-1003-512.59-00
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried,
Proposed Resolution No. 13249 was adopted becoming Resolution No. 05-293.
Voting Yes: IVlayor Ortiz; Hayor Pro Tem Thompson; Coundlmembers Barker, Henderson, Flood,
Beard, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-293 reads as follows:
RESOLUTION NO. 05-293
A RESOLUTION APPROVING A CONTRACT BETWEEN THE
CZTY OF PORT ARTHUR AND THE PORT ARTHUR
HISTORICAL SOCIETY FOR THE PURPOSES OF FUNDING
THE POMPEIIAN V~LLA FOR THE 2005-2006 FISCAL
YEAR IN THE AMOUNT OF $14,800, ACCOUNT #001-
(4) P.R. NO. 13250 - A Resolution Approving A Contract Between The
City Of Port Arthur And Southeast Texas Arts Council (SETAC) For The
Purpose Of Fudning SETAC For The 2005-2006 Fiscal Year In The
Amount Of $45,000, Account #001-1003-512.59-00
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried,
Proposed Resolution No. 13250 was adopted becoming Resolution No. 05-294.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and $inegal.
Voting No: None.
The caption of Resolution No. 05-294 reads as follows:
City Council Minutes - Regular Meeting - October 11, 2005 6
RESOLUTION NO. 05-294
A RESOLUT/ON APPROVING A CONTRACT BETWEEN THE
CITY OF PORT ARTHUR AND SOUTHEAST TEXAS ARTS
COUNCIL (SETAC) FOR THE PURPOSE OF FUDNING
SETAC FOR THE 2005-2006 FTSCAL YEAR TN THE
AMOUNT OF $45,000, ACCOUNT #001-1003-512.59-00
(5) P.R. No. 13252 - A Resolution Approving A Settlement Tn The
Litigation As Zt Pertains To 3ihan "Ali" Mohammed, Et. Al. Vs. Nichols
Company, L.L.P., Arceneaux & Gates Consulting Engineers, Inc. And
Park Central Municipal Utility District
The aboveImentioned item was held until alter Executive Session.
(6) P,R. No. 13277 - A Resolution Appointing New Members To The Port
Arthur Youth Advisory Council
The Mayor introduced the above-mentioned Proposed Resolution.
The City Attorney stated for the record that the following u/~a~ was made to the Proposed
Resolution:
"terms now end on October l~, 2007"
Mayor Pro Tem Thompson presented the first name of his nominee--Elijah Guillory for the record.
The City Attorney read the names of the nominees into the record who are up for appointment to the
Youth Advisory Committee:
Mayor Ortiz: Ashley Boyden
Mayor Pro Tern Beard: Tineisha Romar
George Romar
Elijah Guillory
Councilmember Lewis: LaShea Antoine
Councilmember Barker: 3anaie Bell
Councilmember Henderson: Courtney Gilbert
Maggie Nguyen
Andre ]ackson
Councilmember Prince: Daniel Malveaux
Chloe Bolden
Councilmember Sinegal: ]onay Hulin
April Moses
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried,
Proposed Resolution No. 13277 was adopted, with the above-mentioned names, becoming
Resolution No. 05-295.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-295 reads as follows:
RESOLUTION NO, 05-295
A RESOLUTION APPOTNT~NG NEW MEMBERS TO THE
PORT ARTHUR YOUTH ADVTSORY COUNCIL
(7) P.R. No. 13285 - A Resolution Supporting The Proposed Sempra
Energy LNG Regasification Terminal Development (Requested By
Councilmember Beard)
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Minutes - Regular Meeting - October 11, 2005 7
Upon the motion of Councilmember Flood, seconded by Councilmernber Henderson and carried,
Proposed Resolution No. 13285 was adopted becoming Resolution No. 05-296.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-296 reads as follows:
RESOLUT/ON NO. 05-296
A RESOLUTION SUPPORTZNG THE PROPOSED SEMPRA
ENERGY LNG REGASIFICATZON TERMINAL
DEVELOPMENT (RE(~UESTED BY COUNCZLMEf4BER
BEARD)
(8) P.R. No. 13289 - A Resolution Amending The Contract Between The
City Of Port Arthur And The Port Arthur Convention And Tourist
Association Which Manages And Operates A Convention/Visitor's
Bureau
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried,
Proposed Resolution No. 13289 was adopted becoming Resolution No. 05-297.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and Sinegal.
Voting No' None.
The caption of Resolution No. 05-297 reads as follows:
RESOLUT/ON NO. 05-297
A RESOLUTLON AMENDING THE CONTRACT BETWEEN
THE CZTY OF PORT ARTHUR AND THE PORT ARTHUR
CONVENT[ON AND TOURZST ASSOC~a, TZON WHICH
MANAGES AND OPERATES A CONVENT[ON/V]SrI'OR'S
BUREAU
C. Other Action Items:
(1) Consideration And Approval Of Payment To Landfill Equipment
Company Of Herculaneum, Missouri An The Amount Of $29,185.13 To
Purchase Replacement Parts For The 1987 Rex-3-70A Compactor
Equipment #1061
The Mayor introduced the above-mentioned Item.
Upon the motion of Councilmember Henderson, seconded by Councilmember F[ood and carried
unanimously Item (1) was adopted.
(2) Consideration And Approval Of Awarding A Bid For Calendar Year
2006 Library Periodicals To Magazine Subscription Service In The
Amount Of $5,693.89 For The Public Library
The Mayor introduced the above-mentioned Item.
Upon the motion of Councilmember Henderson, seconded by Councilmernber Flood and carried
unanimously Item (2) was adopted.
City Council Minutes - Regular Meeting - October 11, 2005 8
(3) Renewal Of Contract For Provision Of "Books, Other Print Materials,
And Audiovisual Materials" With Baker & Taylor In The Amount Of
$55~000 For The Port Arthur Library
The Mayor introduced the above-mentioned Item.
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried
unanimously Item (3) was adopted.
(4) Consideration And Approval To Award Bid To Southeast Service
Company Of Port Arthur~ Texas For Replacement Of Air Conditioner
Unit Tn The Amount Of $7,180.00 For The Public Works Operation
Center.
The Mayor introduced the above-mentioned Ttem.
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried
unanimously Item (4) was adopted.
(5) Consideration And Approval For Payment Of 2006 3efferson County
Appraisal District Funding Allocation Tn The Amount Of $114,185.90.
The Mayor introduced the above-mentioned Item.
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried, over
the dissenting vote of Councilmember Henderson, Ttem (5) was adopted.
VT. ADDITIONAL I'TEMS REQUR/NG TNDZVTDUAL ACT/ON
P.O. No. 5568 - An Ordinance Ordering A Special Election On May 13, 2006
As To Legalize The Legal Sale Of Mixed Beverages Tn Restaurants By Food
And Beverage Certificate Holders Only
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried,
Proposed Ordinance No. 5568 was adopted becoming Ordinance No. 05-78.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 05-78 reads as follows:
ORDZNANCE NO. 05-78
AN ORD/NANCE ORDER/NG A SPEC/AL ELEC1/ON ON
MAY 13~ 2006 AS TO LEGALTZE THE LEGAL SALE OF
M~XED BEVERAGES TN RESTAURANTS BY FOOD AND
BEVERAGE CERT~FTCATE HOLDERS ONLY
P.O. NO. 5563 - An Ordinance Pertaining To The Executive Orders And
Agreements Entered /nto During The State Of Disaster And State Of
Emergeno/
The City Attorney introduced the above-mentioned Proposed Ordinance and stated for the
record that a typographical error will be corrected regarding the date on one of the orders
from October 28, 2005 to October30,
The motion was made by Councilmember Henderson and seconded by Councilmember Flood
that Proposed Ordinance No. 5563 be adopted.
Proposed Ordinance No. 5563 was adopted becoming Ordinance No. 05-79.
City Council Minutes - Regular Meeting - October 11, 2005 9
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and $inegal.
voting No: None.
The caption of Ordinance No. 05-79 reads as follows:
ORD:[NANCE NO. 0S-79
AN ORDINANCE PERTAZNZNG TO THE EXECUT~/E
ORDERS AND AGREEMENTS ENTERED ZNTO DURZNG
THE STATE OF DZSASTER AND STATE OF EMERGENCY
P.R. No. :L329:1. - A Resolution As Zt Pertains To The Emergency Usage Of
The EDC Business Park On Spur 93 By Valero And By Other Entities
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Beard and carried,
Proposed Resolution No. 13291 was adopted becoming Resolution No. 05-298.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-298 reads as follows:
RESOLUI~ON NO. OS-298
A RESOLUI']ON AS IT PERTAI'NS TO THE EI~IERGENCY
USAGE OF THE EDC BUSZNESS PARK ON SPUR 93 BY
VALERO AND BY OTHER EN I 11 lES
P.R. NO. Z3292 - A Resolution Submitting A List Of Damaged And
Dangerous Property Which Suffered Damages From Hurricane RZTA To
FEI~tA For The Costs Of Demolition
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember Beard that
Proposed Resolution No. 13292 be adopted.
The City Manager distributed a handout and discussed the reparation process and health and safety
issues of dilapidated structures.
The Mayor, Mayor Pro Tem, Councilmembers and City Manager expressed their appreciation to
Jefferson County Judge Carl Griffith, City Staff and area agencies that participated as First
Respondersduring and after Hurricane Rita.
Proposed Resolution No. 13292 was adopted becoming Resolution No. 05-299.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Barker, Henderson, Flood,
Beard, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-299 reads as follows:
RESOLUTZON NO. 05-299
A Resolution Submitting A List Of Damaged And
Dangerous Property Which Suffered Damages From
Hurricane RZTA To FEblA For The Costs Of Demolition
City Council Minutes Regular Meeting - October 11, 2005 10
VII. REPORTS OF BOARDS & COMMA I I EES & STAFF
Report As To The Damages Caused By Hurricane Rita, Response Of The City
To Restore Public Services And To Remadiate Damages, The Costs Thereof,
And The Reimbursement Of Associated Costs From The State, FEMA And The
City's Insurance Carriers
The City Manager conveyed information regarding the return of evacuees and other issues facing the
city as well as the county post Hurricane Rita
Jefferson County Judge Cad Grifflth appeared before the City Council and commended the proficient
staff of the City of Port Arthur that he worked with during the disaster..ludge Griffith also
acknowledged Senator Kay Bailey Hutchinson for her assistance with the evacuation of individuals
with special needs.
Regional Planning Commission Representative Chester Jordan and Brett Featherston, Members of the
Repatriation Committee, appeared before the Council and gave a presentation regarding post
Hurricane Rita programs, assistance and proposed plans for restoration.
Army Corps of Engineers Representative Jason Harold, appeared before the City Council and
explained the role played by the Corps in performing the final inspection and lease agreement for
shelters and said that FEMA sets up the trailers. He stated that FEMA has ordered 180,000 trailers;
2,000 are available to meet the needs of those requiring shelter from Hurricane Rita.
FEMA Public Affairs Officer/Program Specialist Frank Mansell, appeared before the City Council and
explained areas of the FEMA financial assistance program.
Dr. Jackie King, Pastor St. Paul United Methodist Church appeared before the City Council to inquire
about issues resulting from Hurricane Rita regarding shelters and solutions for these issues.
The City Council recessed their meeting at 11:15 a.m. and reconvened their meeting at 1:30 p.m.
with the following members present: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers
Barker, Henderson, Flood, Beard, Prince and Sinegal; City Manager Fitzgibbons; City Secretary Green
and City Attorney Sokolow.
VZI. REPORTS OF BOARDS & COMMz i I EES & STAFF (Continued)
Regional Planning Commission Representatives Chester .lordan and Brett Featherston returned to
continue their presentation.
Community Relations FEMA Representative Ray Palmer appeared before the City Council and
presented information.
Deputy Chief of the Port Arthur Police Department .lohn Owens appeared before the City Council and
explained the State Evacuation Plan.
Report As To EDC Business Parks
Report was not presented.
VIII, CLOSED MEETING (EXECUTIVE SESSION)
(2) Section 552.071 Government Code - To Discuss With The City
Attorney The Pending Litigation AS It Pertains To ~lohammad vs
Nichol~ E¢ Seq.
(2) Section 55:[.087 Government Code - To Discuss Incentives For
Commercial, Residential, Medical And Industrial Business Prospects
(3) Section 552.072 Government Code - To Discuss The Value Of Land
Adjacent To Jimmy Johnson And Medical Center Blvd.
(4) Section 55:[.072 Government Code - To Discuss The Value Of Land
Adjacent To Spur 93
City Council Minutes - Regular Meeting - October 11, 2005 11
(5) Section 551.071 Government Code - To Discuss Pending And
Prospective Administrative Hearings And Litigation As It Pertains TO
The Landfill
(6) Section 551.072 Government Code - To Discuss The Value Of City
Buildings And Property
(7) Section 771,071 Government Code - To Disucss With The City
Attorney Potential Litigation That May Arise As A Result Of Hurricane
Rita Which/ncludes But Ts Not Limited To The Recovery Of Damages
To City Property, Issues As It Relates To Evacuation, Assets Obtained
During The Hurricane, And Compensation To Be Paid To Vendors And
Other Entities Or Persons
The City Council recessed their meeting at 2:25 p.m. to meet in Executive Session to consider the
above*mentioned topics, and reconvened their meeting at 3:13 p.m. with the following members
present: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Barker, Henderson, Flood, Beard,
Prince and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow.
V. UNFINISHED BUSINESS
(5) P.R. No. 13252 - A Resolution Approving A Settlement In The
Litigation As It Pertains To Jihan "Ali" t4ohammed, Et. Al. Vs. Nichols
Company, L.L.P., Arceneaux & Gates Consulting Engineers, Inc. And
Park Central I~luni¢ipal Utility District
Upon the motion of Councilmember Beard, seconded by Mayor Pro Tern Thompson and carried,
Proposed Resolution No. 13252 was tabled.
X. FUTURE AGENDA rl'El~15
I~layor Ortiz:
Schedule a Special City Council Meeting with FEMA Official Phil Pharr at 1:30 p.m.
October 13, 2005.
Coun¢ilmember Barker:
Report on waiving late fees on water bills. The City Manager stated that we started
waiving late fees on October 10, 2005.
Coun¢ilmember Henderson:
Report on FEMA bearing the cost of electricity hook-ups for the mobile homes and
RV's being provided to individual homes.
Coun¢ilmember Flood:
Report on EDC Business Park to be reviewed in Executive Session.
Coun¢ilmember Prince:
Report on high water bills due to Hurricane Rita damage. She also gave two numbers
for assistance:
To locate a displaced relative due to evacuation - 842-3349
To find out if your home is livable - 842-3457
Coun¢ilmember 5inegah
Requested City Council to waive trailer ordinance.
Requested a resolution for Governor Perry to appoint at least two members from
the City Council (Mayor and one Councilmember) to the Governor's Evacuation
Committee. He asked that the Committee's primary focus be on traffic back-ups
and treatment of citizens at evacuation shelters ad various other locations across
the State.
City Council Minutes Regular Meeting - October 11, 2005 12
City Manager Fitzgibbons:
Reminded City Council to revisit ordinance on putting trailers in driveways
due to FEMA bringing trailers to homeowners who have extensive damage.
XZ. ADIOURNMENT OF MEL='r~NG
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried
unanimously, the City Council adjourned their meeting at 3:36 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 OSCAR G. ORTZZ
ATTEST:
CZTY SECRETARY EVANGELZNE GREEN
END OF REGULAR ME=i&NG HELD October 1Z, 2005. APPROVED:
City Council Minutes Regular Meeting October 11, 2005 13