HomeMy WebLinkAboutDECEMBER 11, 2012 REGULAR MEETING REGULAR MEETING — December 11, 2012
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Freeman 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,
December 11, 2012 at 8:48 a.m. in the City Council Chamber, City Hall, with the
following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Willie "Bae"
Lewis; Councilmembers Raymond Scott, Jr., Elizabeth "Liz" Segler, Harold A. Doucet,
Sr., Robert E. "Bob" Williamson, Derrick Freeman and Kerry "Twin" Thomas; City
Manager Floyd T. Johnson, City Secretary Sherri Bellard, City Attorney Valecia R.
Tizeno, and Sergeant At Arms Chief of Police Mark Blanton.
Councilmember Morris Alright, III joined the Regular Meeting at 9:00 a.m.
II. PROCLAMATIONS & MINUTES
Proclamations - None
Minutes
November 9, 2012 — Regular Meeting
Upon the motion of Councilmember Freeman, seconded by Councilmember Thomas and
carried unanimously, the City Council approved the above - mentioned minutes.
November 27, 2012 — Special Executive Meeting
Upon the motion of Councilmember Thomas, seconded by Councilmember Freeman and
carried unanimously, the City Council approved the above - mentioned minutes.
November 27, 2012 — Regular Meeting
Upon the motion of Councilmember Freeman, seconded by Councilmember Thomas and
carried unanimously, the City Council approved the above - mentioned minutes.
III. PETITIONS & COMMUNICATIONS
B. Presentations - None
C. Correspondence — None
V. UNFINISHED BUSINESS
P.R. No. 17392 - A Resolution Authorizing The Purchase Of A
Sanitary Sewer Pump For The Utility Operations Department
From Pump & Power Equipment, Of Houston, Texas, In The Total
Amount Of $6,950 + Freight. Funds Are Available In EDC Account
No. 120 -1429- 582.59 -02
The Mayor introduced the above - mentioned Proposed Resolution.
The motion was made by Councilmember Thomas and seconded by Councilmember
Freeman that Proposed Resolution No. 17392 be adopted.
Public Works Director Ross Blackketter appeared before the City Council to answer
inquiries regarding the above - mentioned purchase.
The motion was made by Councilmember Doucet and seconded by Councilmember
Thomas that Proposed Resolution No. 17392 be tabled.
The following roll call vote was taken on the motion to table Proposed Resolution No.
17391:
Councilmember Doucet "Yes"
Councilmember Freeman "No"
Mayor Pro Tem Lewis "Yes"
Councilmember Scott "Yes"
Councilmember Segler "No"
Councilmember Thomas "Yes"
Councilmember Williamson "No"
Mayor Prince "No"
The motion to table Proposed Resolution No. 17392 failed.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
17391:
Councilmember Doucet "No"
Councilmember Freeman "Yes"
Mayor Pro Tem Lewis "No"
Councilmember Scott "No"
Councilmember Segler "Yes"
Councilmember Thomas "No"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
The motion to adopt Proposed Resolution No. 17392 failed.
VI. CONSENT AGENDA
Upon the motion of Councilmember Freeman, seconded by Councilmember Thomas and
carried, the following Consent Agenda items were adopted with the exception of
Proposed Resolutions No. 17420 and 17423:
(A) Consideration And Approval Of Payment To Grayson
Armature, Orange, TX In The Amount Of $11,220.44 For
Emergency Repairs To A High Service Pump Motor For The
Utility Operations Department, Water Purification Division
(B) Consideration And Approval Of Payment To Control
Concepts, Houston, TX In The Amount Of $7,650 For
Emergency Repairs To A Raw Water Variable Frequency
Drive For The Utility Operations Department, Water
Purification Division
(C) Expense Reports:
Mayor Deloris "Bobbie" Prince:
Attend 100 Annual TML Conference
Grapevine, TX
November 12 — 16, 2012 $1,086.96
Mayor Pro Tem Willie Lewis:
Attend 100 Annual TML Conference
Grapevine, TX
November 13 — 16, 2012 $1,299.49
Councilmember Raymond Scott:
Attend 100 Annual TML Conference
Grapevine, TX
November 13 — 16, 2012 $1,251.41
City Council Minutes 2
Regular Meeting — December 11, 2012
Councilmember Elizabeth Segler:
Attend 100 Annual TML Conference
Grapevine, TX
November 13 —16, 2012 $1,638.32
Councilmember Harold Doucet, Sr.:
Attend 100 Annual TML Conference
Grapevine, TX
November 13 —16, 2012 $1,699.62
Councilmember Robert E. "Bob" Williamson:
Attend 100 Annual TML Conference
Grapevine, TX
November 12 —16, 2012 $1,953.79
Councilmember Derrick Freeman:
Attend 100 Annual TML Conference
Grapevine, TX
November 13 —16, 2012 $2,498.31
Councilmember Kerry Thomas:
Attend 100 Annual TML Conference
Grapevine, TX
November 13 —16, 2012 $1,765.59
City Manager Floyd T. Johnson:
Attend 100 Annual TML Conference
Grapevine, TX
November 13 —16, 2012 $1,389.60
City Secretary Sherri Bellard:
Attend 100 Annual TML Conference
Grapevine, TX
November 12 —16, 2012 $1,737.32
City Attorney Valecia Tizeno:
Attend 100 Annual TML Conference
Grapevine, TX
November 14 -16, 2012 $1,335.36
Resolutions — Consent
(1) P.R. No. 17313 — A Resolution Authorizing The City
Manager To Execute An Agreement With W And W
Construction Of Port Arthur, Texas For The Construction Of
Driveway Adjustments, Handicap Ramps, And Sidewalks
Along 9 Avenue For The Not To Exceed Amount Of
$24,524.75; Account 001 -1203- 531.87 -00
Proposed Resolution No. 17313 was adopted becoming Resolution No. 12 -585.
(2) P.R. No. 17353 — A Resolution Authorizing Payment Of An
Invoice For $31,080.42 For FY 2013 Computer Services
From The Houston Area Library Automated Network
(HALAN) (Account No. 001 - 1403 - 551.59 -00)
Proposed Resolution No. 17353 was adopted becoming Resolution No. 12 -586..
(3) P. R. No. 17391 - A Resolution Authorizing The Acceptance
Of The Facility And All Improvements To City Owned
Property Located At 601 W. Reverend Dr. Ransom Howard
Street, Port Arthur, Texas, To Be Used As A Development
Center
City Council Minutes 3
Regular Meeting — December 11, 2012
Proposed Resolution No. 17391 was adopted becoming Resolution No. 12 -587.
(4) P.R. No. 17397 — A Resolution Authorizing The Purchase
And Installation Of Replacement Sensors In The Fire
Department's Air Monitoring Equipment In The Amount Of
$25,060.80; Funds Are Available In Account Number 107-
1118- 522.92 -00, Project No. PS0018
Proposed Resolution No. 17397 was adopted becoming Resolution No. 12 -588.
(5) P.R. No. 17401 — A Resolution Authorizing The City To
Submit An Application For Funding For Fiscal Year 2012 -13
From The Federal Transit Administration For Capital
Improvements And Operations For The Port Arthur Transit
(PAT)
Proposed Resolution No. 17401 was adopted becoming Resolution No. 12 -589.
(6) P.R. No. 17406 — A Resolution Authorizing Transit Service
On Saturday, December 22, 2012, From 8:15 AM Until 6:15
PM In Preparation For The Christmas Holiday; Funds
Available In Various Transit Accounts
Proposed Resolution No. 17406 was adopted becoming Resolution No. 12 -590.
(7) P.R. No. 17415 — A Resolution Authorizing The Execution
Of Pipeline Permit 12 -04 From The City Of Port Arthur To
PI Dock Facilities, LLC Of San Antonio, Texas For The
Construction Of A 36" Crude Oil Pipeline Within The
Corporate Limits Of The City Of Port Arthur
Proposed Resolution No. 17415 was adopted becoming Resolution No. 12 -591.
(8) P.R. No. 17416 — A Resolution Authorizing A Three -Month
Extension Of The Contract With Total Safety, U.S., Inc. For
Asbestos Abatement Consulting Services, In A Not To
Exceed Amount Of $100,000, To Be Charged To Account
No. 105 -1431- 552.59 -00, Project No. C36120
Proposed Resolution No. 17416 was adopted becoming Resolution No. 12 -592.
(10) P.R. No. 17421 — A Resolution Authorizing The City
Manager To Execute Change Order 01 To Increase The
Contract Between The City Of Port Arthur And N & T
Construction For Additional Work, Increasing The Contract
Amount By $2,028 To A New Total Of $878,028; Funding
Allocated In Account 402 - 1508 - 561.54 -00
Proposed Resolution No. 17421 was adopted becoming Resolution No. 12 -593.
(11) P.R. No. 17422 — A Resolution Amending §9 -102 Of The
Purchasing Manual
Proposed Resolution No. 17422 was adopted becoming Resolution No. 12 -594.
(13) P.R. No. 17425 — A Resolution Authorizing A Contract
Between The City Of Port Arthur And D & R Commercial
Construction Services, Inc. Of Lumberton, Texas For
Electrical Renovations To The Office Area Of The Armory
Building Located At 3451 57 Street In The Not To Exceed
Amount Of $243,855. Account 306 - 1606 - 591.59 -00
N . 17425 was adopted becoming
Proposed Resolution 0
p P 9 Resolution No. 12 -595.
City Council Minutes 4
Regular Meeting — December 11, 2012
(14) P.R. No. 17426 — A Resolution Authorizing The City
Manager To Enter Into A Contract With Brown Reynolds
Watford Architects, Inc. Of College Station, Texas, To
Perform Design And Related Professional Services For A
New Administrative Building For The Port Arthur Transit
Department In The Not To Exceed Amount Of $114,800.
This Project Shall Be Funded From Grant TX96 -042 Funds
That Are Federal Transit Administration Allocated Funds
Under Account 402 - 1508 - 561 -82.00 And General Funds In
2013 Grant
Proposed Resolution No. 17426 was adopted becoming Resolution No. 12 -596.
(15) P.R. No. 17427 - A Resolution Authorizing The City
Manager To Execute The Second Amendment To The Water
Service Agreement Between Sabine Pass Liquefaction, LLC
And The City Of Port Arthur
Proposed Resolution No. 17427 was adopted becoming Resolution No. 12 -597.
(16) P.R. No. 17429 — A Resolution Authorizing The Execution
Of Change Order No. 9 To The Wastewater Treatment Plant
Rehabilitation Project, Contract No. 5, Between The City Of
Port Arthur And AIIco, Inc., Of Beaumont, Texas,
Decreasing The Contract Amount By $79,853.47 And
Increasing The Contract Time 171 Calendar Days. Account
No. 404 - 1625 - 532.83 -00, City Project No. 404WWT
Proposed Resolution No. 17429 was adopted becoming Resolution No. 12 -598.
(17) P.R. No. 17430 — A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
Proposed Resolution No. 17430 was adopted becoming Resolution No. 12 -599.
(18) P.R. No. 17431 — A Resolution Authorizing Change Order
No. 2 To The Contract Between The City Of Port Arthur
Section 4A Economic Development Corporation And
Excavators & Constructors, Ltd. For Construction Of
Sanitary Sewer, Paving And Drainage Facilities For Kerry
"Twin" Thomas Drive To Serve The Spur 93 Business Park,
Contract No. 1 (Job No. EDC -170)
Proposed Resolution No. 17431 was adopted becoming Resolution No. 12 -600.
(19) P.R. No. 17434 — A Resolution Approving Awarding A Bid
By The City Of Port Arthur Section 4A Economic
Development Corporation To Vets Securing America For
Security Guard Services To Serve The Spur 93 Business
Park
Proposed Resolution No. 17434 was adopted becoming Resolution No. 12 -601.
(20) P.R. No. 17435 — A Resolution Authorizing The Director Of
Utility Operations To Purchase Polymers And Delineating
Procedures For The Purchase Of Other Chemicals. Fund
Nos. 410 -1252- 532.29 -02 & 410- 1256 - 532.29 -00
Proposed Resolution No. 17435 was adopted becoming Resolution No. 12 -602.
(21) P.R. No. 17436 — A Resolution Authorizing The City
Manager To Execute A Contract Between The City Of Port
Arthur And DezTex Industrial Service Of Port Arthur, Texas
In The Amount Of $5,400 For Repair Work Done At The J.B.
City Council Minutes 5
Regular Meeting — December 11, 2012
Matthews Building, 748 W. Rev. Dr. Ransom Howard
Street; Available In Account Number 001 - 1402 - 551.32 -00
Proposed Resolution No. 17436 was adopted becoming Resolution No. 12 -603.
(22) P.R. No. 17437 — A Resolution Authorizing The Emergency
Asbestos Abatement /Demolition Of A Dangerous
Commercial Property Located At 725 E. Procter Street
(Building A); And Authorizing A Payment To Lark Group,
Inc. In The Amount Of $14,750, Upon Completion Of The
Project, To Be Charged To Account No. 303- 1603 - 591.59-
00; Project No. CIP614
Proposed Resolution No. 17437 was adopted becoming Resolution No. 12 -604.
(23) P.R. No. 17439 — A Resolution Authorizing The City
Manager To Enter Into A Contract With Capitol Appraisal
Group, LLC Of Austin, Texas For The Appraisals Of
Industrial Properties In The City's Extraterritorial
Jurisdiction (ETJ) In An Amount Not To Exceed $23,400,
Account No. 001 -1003- 512- 59 -00, Project No. M97903
Proposed Resolution No. 17439 was adopted becoming Resolution No. 12 -605.
(24) P.R. No. 17440 — A Resolution Authorizing The Sale Of A
Vacant 2.019 Acre Parcel Of Land On Houston Avenue In
The City Of Port Arthur To The Port Of Port Arthur
Navigation District
Proposed Resolution No. 17440 was adopted becoming Resolution No. 12 -606.
(25) P.R. No. 17441 — A Resolution Authorizing The City
Manager To Execute A Homebuyers Written Agreement For
The Purchase Of A New Construction Home Located At
5849 Texas Avenue, Port Arthur, Texas. Funding Will Be
Provided By The Home Investment Partnership Program,
(HOME), Account Number 108- 2141 - 626.54 -00, Project
Number HE1104
Proposed Resolution No. 17441 was adopted becoming Resolution No. 12 -607.
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT
Consent - Resolutions
(9) P.R. No. 17420 — A Resolution Authorizing The City
Manager To Enter Into A Professional Services Contract
With Ascende, Inc. To Provide Administrative Services For
The 2013 Retirees Drug Subsidy (RDS) Filing At A Cost Of
$17,500. Acct. No. 614 - 1701 - 583.54 -00
The Mayor introduced the above - mentioned Proposed Resolution.
Upon the motion of Councilmember Williamson, seconded by Councilmember Thomas
and carried, Proposed Resolution No. 17420 was adopted becoming Resolution No. 12-
608.
Voting Yes: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers Segler, Doucet,
Williamson, Freeman and Thomas.
Voting No: None.
The caption of Resolution No. 12 -608 reads as follows:
City Council Minutes 6
Regular Meeting — December 11, 2012
RESOLUTION NO. 12 -608
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES CONTRACT WITH ASCENDE, INC. TO
PROVIDE ADMINISTRATIVE SERVICES FOR
THE 2013 RETIREES DRUG SUBSIDY (RDS)
FILING AT A COST OF $17,500. ACCT. NO. 614-
1701- 583.54 -00
(12) P.R. No. 17423 — A Resolution Authorizing The City Of Port
Arthur To Sign A Petition In Support Of Upcoming State
Legislation To Establish Refundable Deposits On All
Aluminum, Glass And Plastic Beverage Containers Sold In
The State Of Texas, Known As The "Texas Bottle Bill"
(Requested By Councilmember Freeman)
The Mayor introduced the above - mentioned Proposed Resolution.
The motion was made by Councilmember Freeman and seconded by Councilmember
Thomas that Proposed Resolution No. 17423 be adopted.
Mrs. Ruenette Bolden, 3035 Memorial Blvd., Mary Wood, 1901 Lexington, Houston,
Texas and Patsy Gillam appeared before the City Council to give an overview of the
proposed "Texas Bottle Bill ".
Councilmember Albright joined the Regular Meeting at 9:00 a.m.
Proposed Resolution No. 17423 was adopted becoming Resolution No. 12 -609.
Voting Yes: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers Segler, Doucet,
Williamson, Freeman and Thomas.
Voting No: None.
The caption of Resolution No. 12 -608 reads as follows:
RESOLUTION NO. 12 -609
A RESOLUTION AUTHORIZING THE CITY OF
PORT ARTHUR TO SIGN A PETITION IN
SUPPORT OF UPCOMING STATE LEGISLATION
TO ESTABLISH REFUNDABLE DEPOSITS ON ALL
ALUMINUM, GLASS AND PLASTIC BEVERAGE
CONTAINERS SOLD IN THE STATE OF TEXAS,
KNOWN AS THE "TEXAS BOTTLE BILL"
(REQUESTED BY COUNCILMEMBER FREEMAN)
IV. PUBLIC HEARINGS — 9:00 a.m.
(1) To Consider Whether To File An Application And Accept The
Federal Transit Administration's Proposed Award For
Operation And Capital For Fiscal 2012 -13 For The Port
Arthur Transit (PAT) System
The Mayor introduced the above - mentioned Public Hearing at 9:08 a.m.
Transit Planner Deborah Ambroise appeared before the City Council to answer inquiries
regarding the above - mentioned proposed award.
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.
City Council Minutes 7
Regular Meeting — December 11, 2012
Upon the motion of Councilmember Freeman, seconded by Councilmember Albright and
carried unanimously, the City Council closed the Public Hearing at 9:11 a.m.
(2) For The Purpose Of Receiving Public Comments On The
Proposed Initiation Of Disannexation Proceedings For
Approximately 340.35 Acres Located At 7706 Highway 87
South
The Mayor opened the above - mentioned Public Hearing at 9:11 a.m.
City Attorney Tizeno appeared before the City Council to give an update regarding the
proposed annexation of property located at 7706 Highway 87.
The Mayor requested to hear from anyone present in the audience who wished to
speak regarding the above - mentioned item.
Attorney Allen Sanders, 707 W. Front Avenue, Orange, Texas, appeared before the City
Council to speak on behalf of the Townsend family.
Upon the motion of Councilmember Albright, seconded by Councilmember Freeman and
carried unanimously, the City Council closed the Public Hearing at 9:11 a.m.
(3) To Consider Whether Or Not To Issue A Permit To PI Dock
Facilities LLC Of San Antonio, Texas For The Installation Of
A 36" Crude Oil Pipeline Within The Corporate Limits Of The
City Of Port Arthur
The Mayor introduced the above - mentioned Public Hearing at 9:14 a.m.
Public Works Director appeared before the City Council and gave an overview of the
above - mentioned item.
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 Thomas, seconded by Councilmember Albright and
carried unanimously, the City Council closed the Public Hearing at 9:20 a.m.
III. PETITIONS & COMMUNICATIONS
A. Speakers
Daniel W. Williams Regarding Introduction As Entergy's
New Customer Service Manager For Port Arthur
Mr. Don Pumphrey appeared before the City Council to introduce the new Customer
Service Manager for Port Arthur.
Entergy Engineer Dan Woods, 1548 9 Avenue, appeared before the City Council to
extend his services to the citizens of Port Arthur.
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT
A. Resolutions
(3) P.R. No. 17438 — A Resolution Authorizing The City
Manager Or Any Assistant City Manager To Attend And
Conduct A Public Hearing At The Offices Of The Port Of Port
Arthur, 221 Houston Avenue, Port Arthur, On December 18,
2012 At 9:30 A.M. Regarding The Issuance And Approval Of
Port Arthur Navigation District Industrial Development
City Council Minutes 8
Regular Meeting — December 11, 2012
Corporation Exempt Facilities Revenue Bonds (Total
Petrochemicals & Refining USA, Inc. Project) Series 2012B
In The Aggregate Principal Amount Of $50,000,000, As Per
26 USCS Section 147
The Mayor introduced the above - mentioned Proposed Resolution.
The motion was made by Councilmember Williamson and seconded by Councilmember
Albright, that Proposed Resolution No. 17438 be adopted.
Attorney Scott Sheldon, 390 Park Suite 500, Beaumont, Texas, appeared before the City
Council to answer inquiries regarding the above - mentioned item.
Proposed Resolution No. 17438 was adopted becoming Resolution No. 12 - 610.
Voting Yes: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers Scott, Segler,
Albright, Doucet, Williamson, Freeman and Thomas.
Voting No: None.
The caption of Resolution No. 12 -610 reads as follows:
RESOLUTION NO. 12 -610
A RESOLUTION AUTHORIZING THE CITY
MANAGER OR ANY ASSISTANT CITY MANAGER
TO ATTEND AND CONDUCT A PUBLIC HEARING
AT THE OFFICES OF THE PORT OF PORT
ARTHUR, 221 HOUSTON AVENUE, PORT
ARTHUR, ON DECEMBER 18, 2012 AT 9:30 A.M.
REGARDING THE ISSUANCE AND APPROVAL OF
PORT ARTHUR NAVIGATION DISTRICT
INDUSTRIAL DEVELOPMENT CORPORATION
EXEMPT FACILITIES REVENUE BONDS (TOTAL
PETROCHEMICALS & REFINING USA, INC.
PROJECT) SERIES 2012B IN THE AGGREGATE
PRINCIPAL AMOUNT OF $50,000,000, AS PER
26 USCS SECTION 147
(4) P.R. No. 17443 — A Resolution Approving A Proposal For A
Two Year Professional Services Agreement With John Hall
Public Affairs For The Continued Work On The City's
Environmental Justice Plan And Other Related
Environmental And Housing Projects In The Not To Exceed
Amount Of $114,000 Annually, With A Total Contract
Amount Of $228,00
The Mayor introduced the above - mentioned Proposed Resolution.
The motion was made by Councilmember Williamson and seconded by Councilmember Albright
that Proposed Resolution No. 17443 be adopted.
The City Council recessed their meeting at 10:21 a.m. and reconvened their meeting at
10:37 a.m. with the following members present: Mayor Prince; Mayor Pro Tem Lewis;
Councilmembers Scott, Segler, Albright, Doucet, Williamson, Freeman and Thomas; City
Manager Johnson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms
Chief Blanton.
The motion was made by Councilmember Thomas and seconded by Councilmember
Doucet that Proposed Resolution No. 17443 be tabled.
Councilmember Thomas and Freeman withdrew their motion to tabled Proposed
Resolution No. 17443.
City Council Minutes 9
Regular Meeting — December 11, 2012
The motion was made by Councilmember Williamson and seconded by Councilmember Doucet
that Proposed Resolution No. 17443 be amended as follows:
Section 2. That the resolution be returned to the City Manager and City
Attorney with instructions to address the City Attorney's concerns of the legality
of the contract.
Section 3. That the City Council resolves to put their suggestions and
concerns in writing to the City Secretary and City Manager.
The motion to amend Proposed Resolution No. 17443 carried unanimously.
Proposed Resolution No. 17443 was adopted as amended becoming Resolution No. 12 - 611
Voting Yes: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers Scott, Segler,
Albright, Doucet, Williamson, Freeman and Thomas.
Voting No: None.
The caption of Resolution No. 12 -611 reads as follows:
RESOLUTION NO. 12 -611
A RESOLUTION APPROVING A PROPOSAL FOR
A TWO YEAR PROFESSIONAL SERVICES
AGREEMENT WITH JOHN HALL PUBLIC
AFFAIRS FOR THE CONTINUED WORK ON THE
CITY'S ENVIRONMENTAL JUSTICE PLAN AND
OTHER RELATED ENVIRONMENTAL AND
HOUSING PROJECTS IN THE NOT TO EXCEED
AMOUNT OF $114,000 ANNUALLY, WITH A
TOTAL CONTRACT AMOUNT OF $228,00
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(5) Section 551.071 Government Code — To Discuss With
The City Attorney Potential Litigation Regarding The
State Marine Superfund Site (10:00 a.m.)
The City Council recessed their meeting at 11:39 a.m. to meet in Executive Session to
consider the above - mentioned topics, and reconvened their meeting at 12:40 p.m. with
the following members present: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers
Scott, Segler, Albright, Williamson, Freeman and Thomas; City Manager Johnson; City
Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton.
The City Council recessed their meeting at 12:40 p.m. and reconvened their meeting at
2:04 p.m. with the following members present: Mayor Prince; Councilmembers Scott,
Segler, Albright, Doucet and Williamson; City Manager Johnson; City Secretary Bellard;
City Attorney Tizeno and Sergeant At Arms Chief Blanton.
Mayor Pro Tem Lewis joined the Regular Meeting at 2:06 p.m.
Councilmember Thomas joined the Regular Meeting at 2:06 p.m.
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT
(5) P.R. No. 17445 — A Resolution Appointing A Member Or
Members To The Port Arthur Downtown Reinvestment
Zone Board
The Mayor introduced the above - mentioned Proposed Resolution.
The motion was made by Councilmember Thomas and seconded by Councilmember
Williamson that Proposed Resolution No. 17445 be adopted.
City Council Minutes 10
Regular Meeting — December 11, 2012
1
The motion was made by Councilmember Doucet and seconded by Mayor Pro Tem
Lewis that Proposed Resolution No. 17445 be amended as follows:
Strike option to appoint more than one person.
Mayor Pro Tem Lewis and Councilmember Doucet withdrew their motion to amend
Proposed Resolution No. 17445.
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried, Proposed Resolution No. 17445 was tabled.
Voting Yes: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers Scott, Segler,
Albright, Doucet, Williamson and Thomas.
Voting No: None.
B. Ordinances
(1) P.O. No. 6286 — An Ordinance Amending Planned
Development District -26 (PD -26) — Designated As Property
Owned By TOTAL Port Arthur Refinery And Located North
Of Texas 73/87 And West Of FM 366 — Providing A Ten (10)
Year Extension Of Time For 96.21 Acres Of Land To Be Used
As A Laydown Yard Thereby Establishing A New Expiration
Date Of January 29, 2023. (Violation Of This Ordinance Or
The Zoning Ordinance Of The City Fo Port Arthur Is
Punishable As Provided In Section 1 -8 Of The Code Of
Ordinances As Amended By Fine Not Exceeding Two
Thousand [$2,000] Dollars); And Providing For Publication
In The Official Newspaper Providing For Publication In The
Official Newspaper Of The City Of Port Arthur And Effective
Immediately After Publication Date (Z12 -08 — TOTAL)
The City Manager introduced the above - mentioned Proposed Ordinance.
Mayor Pro Tem Lewis left the meeting.
Upon the motion was made by Councilmember Albright, seconded by Councilmember
Doucet and carried, Proposed Ordinance No. 6286 was adopted becoming Ordinance
No. 12 -79.
Voting Yes: Mayor Prince; Councilmembers Scott, Segler, Albright, Doucet, Williamson
and Thomas.
Voting No: None.
The caption of Ordinance No. 12 -79 reads as follows:
RESOLUTION NO. 12 -79
An Ordinance Amending Planned Development
District -26 (PD -26) — Designated As Property
Owned By TOTAL Port Arthur Refinery And
Located North Of Texas 73/87 And West Of FM
366 — Providing A Ten (10) Year Extension Of
Time For 96.21 Acres Of Land To Be Used As A
Laydown Yard Thereby Establishing A New
Expiration Date Of January 29, 2023. (Violation
Of This Ordinance Or The Zoning Ordinance Of
The City Fo Port Arthur Is Punishable As
Provided In Section 1 -8 Of The Code Of
Ordinances As Amended By Fine Not Exceeding
Two Thousand [$2,000] Dollars); And Providing
City Council Minutes 11
Regular Meeting — December 11, 2012
For Publication In The Official Newspaper
Providing For Publication In The Official
Newspaper Of The City Of Port Arthur And
Effective Immediately After Publication Date
(Z12 -08 — TOTAL)
(2) P.O. No. 6287 — An Ordinance Amending The Zoning
Ordinance Of The City Of Port Arthur By Granting An
Abandonment For A Portion Of The Unimproved South
Fourth Avenue Right -Of -Way Between Broadway And
Greenwich Streets In Sabine Pass, Jefferson County, Texas
And Depicted On The Display And Providing The Effective
Date Of This Ordinance (Al2 -02 Kenneth LaChapelle)
The City Manager introduced the above - mentioned Proposed Ordinance.
Mayor Pro Tem Lewis returned to the Regular Meeting.
Upon the motion was made by Councilmember Thomas, seconded by Councilmember
Albright and carried, Proposed Ordinance No. 6287 was adopted becoming Ordinance
No. 12 -80.
Voting Yes: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers Scott, Segler,
Albright, Doucet, Williamson and Thomas.
Voting No: None.
The caption of Ordinance No. 12 -80 reads as follows:
RESOLUTION NO. 12 -80
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE CITY OF PORT ARTHUR BY
GRANTING AN ABANDONMENT FOR A
PORTION OF THE UNIMPROVED SOUTH
FOURTH AVENUE RIGHT -OF -WAY BETWEEN
BROADWAY AND GREENWICH STREETS IN
SABINE PASS, JEFFERSON COUNTY, TEXAS
AND DEPICTED ON THE DISPLAY AND
PROVIDING THE EFFECTIVE DATE OF THIS
ORDINANCE (Al2 -02 KENNETH LACHAPELLE)
(3) P.O. No. 6288 — An Ordinance Amending The Zoning
Ordinance Of The City Of Port Arthur By Granting An
Abandonment For A Portion Of The Unimproved South Fifth
Avenue Right -Of -Way Between Broadway And Greenwich
Streets In Sabine Pass, Jefferson County, Texas And
Depicted On The Display And Providing The Effective Date
Of This Ordinance (Al2-01 — Joseph Curvey Bailleaux, Jr.)
The City Manager introduced the above - mentioned Proposed Ordinance.
Mayor Pro Tem Lewis and Councilmember Freeman left the meeting.
Upon the motion was made by Councilmember Thomas, seconded by Councilmember
Doucet and carried, Proposed Ordinance No. 6286 was adopted becoming Ordinance
No. 12 -81.
Voting Yes: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers Scott, Segler,
Albright, Doucet, Williamson and Thomas.
Voting No: None.
The caption of Ordinance No. 12 -81 reads as follows:
City Council Minutes 12
Regular Meeting — December 11, 2012
RESOLUTION NO. 12 -81
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE CITY OF PORT ARTHUR BY
GRANTING AN ABANDONMENT FOR A
PORTION OF THE UNIMPROVED SOUTH FIFTH
AVENUE RIGHT -OF -WAY BETWEEN BROADWAY
AND GREENWICH STREETS IN SABINE PASS,
JEFFERSON COUNTY, TEXAS AND DEPICTED ON
THE DISPLAY AND PROVIDING THE EFFECTIVE
DATE OF THIS ORDINANCE (Al2 -01 — JOSEPH
CURVEY BAILLEAUX, JR.)
(4) P.O. No. 6289 - An Ordinance Of The City Of Port Arthur,
Texas Authorizing The Suspension Of The Effective Date
For An Additional Ninety (90) Days Beyond The December
26, 2012 Effective Date Proposed By Texas Gas Service
Company In Connection With Its Rate Increase Application
Entitled "Statement Of Intent To Increase Rates For The
South Jefferson County Service Area," Filed On November
20, 2012; Authorizing The Hiring Of Lawyers And Rate
Experts; Authorizing The City's Participation To The Full
Extent Permitted By Law Before Local And State
Regulatory Authorities And Any Court Of Law; Requiring
Reimbursement Of Municipal Rate Case Expenses; 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 City Manager introduced the above - mentioned Proposed Ordinance.
Upon the motion was made by Councilmember Williamson and seconded by
Councilmember Thomas and carried, Proposed Ordinance No. 6289 was adopted
becoming Ordinance No. 12 -82.
Voting Yes: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers Scott, Segler,
Albright, Doucet, Williamson and Thomas.
Voting No: None.
The caption of Ordinance No. 12 -82 reads as follows:
RESOLUTION NO. 12 -82
AN ORDINANCE OF THE CITY OF PORT
ARTHUR, TEXAS AUTHORIZING THE
SUSPENSION OF THE EFFECTIVE DATE FOR AN
ADDITIONAL NINETY (90) DAYS BEYOND THE
DECEMBER 26, 2012 EFFECTIVE DATE
PROPOSED BY TEXAS GAS SERVICE COMPANY
IN CONNECTION WITH ITS RATE INCREASE
APPLICATION ENTITLED "STATEMENT OF
INTENT TO INCREASE RATES FOR THE SOUTH
JEFFERSON COUNTY SERVICE AREA," FILED ON
NOVEMBER 20, 2012; AUTHORIZING THE
HIRING OF LAWYERS AND RATE EXPERTS;
AUTHORIZING THE CITY'S PARTICIPATION TO
THE FULL EXTENT PERMITTED BY LAW BEFORE
LOCAL AND STATE REGULATORY AUTHORITIES
AND ANY COURT OF LAW; REQUIRING
REIMBURSEMENT OF MUNICIPAL RATE CASE
EXPENSES; FINDING THAT THE MEETING
COMPLIES WITH THE OPEN MEETINGS ACT;
City Council Minutes 13
Regular Meeting — December 11, 2012
MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT, AND DECLARING
AN EFFECTIVE DATE
(5) P.O. No. 6290 — An Appropriation Ordinance
Amending The General Fund Budget For The Fiscal
Year Beginning October 1, 2012 And Ending
September 30, 2013 By $2,500,000 In Order To Fund
Repairs And Restorations Of The Pleasure Island
Commission
The City Manager introduced the above - mentioned Proposed Ordinance.
Upon the motion was made by Councilmember Doucet, seconded by Councilmember
Williamson and carried, Proposed Ordinance No. 6290 was adopted becoming
Ordinance No. 12 -83.
Voting Yes: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers Scott, Segler,
Albright, Doucet, Williamson and Thomas.
Voting No: None.
The caption of Ordinance No. 12 -83 reads as follows:
RESOLUTION NO. 12 -83
AN APPROPRIATION ORDINANCE AMENDING
THE GENERAL FUND BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2012 AND
ENDING SEPTEMBER 30, 2013 BY $2,500,000
IN ORDER TO FUND REPAIRS AND
RESTORATIONS OF THE PLEASURE ISLAND
COMMISSION
C. Reports And Recommendations
(1) Report On The Port Arthur Charter Change Committee
City Secretary Bellard and City Attorney Tizeno gave the above - mentioned report.
(2) Discussion And Possible Action Regarding Appointing
Alternates For Charter Change Committee (Requested By
Mayor Pro Tem Lewis)
Mayor Pro Tem Lewis led the discussion regarding the above - mentioned topic. No
action was taken.
(3) Discussion And Possible Action Regarding A Council
Workshop On Tuesday, December 18, 2012 at 5:00 p.m. To
Set City Goals And Priorities For Years 2013 Through 2015.
(Requested By Councilmember Morris Albright)
Councilmember Albright led the discussion regarding the above - mentioned item. A
Special Meeting/Workshop was scheduled for December 18, 2012 at 5:00 p.m.
(4) Discussion Regarding Charter Violations (Requested By
Mayor Pro Tem Lewis)
Mayor Pro Tem Lewis led the discussion regarding the above - mentioned
topic.
IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED
Closed Meeting:
City Council Minutes 14
Regular Meeting — December 11, 2012
(1) Section 551.072 Government Code — To Discuss The Value
Of Land At 1128 Freeman Avenue (Texas Ave.)
(2) Section 551.072 Government Code — To Discuss The Value
Of Land At 601 W Reverend Dr. Ransom Howard Street,
Port Arthur, Texas
(3) Section 551.072 Government Code — To Discuss The Value
Of Land Managed By The Pleasure Island Commission
(4) Section 551.087 Government Code — To Discuss Incentives
For Commercial, Residential, And /Industrial Business
Prospects
The City Council recessed their meeting at 3:02 p.m. to meet in Executive Session to
consider the above - mentioned topics, and reconvened their meeting at 4:40 p.m. with
the following members present: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers
Scott, Segler, Albright, Doucet, Williamson and Thomas; City Manager Johnson; City
Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton.
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT
(1) P.R. No. 17432 — A Resolution Authorizing The City Of Port
Arthur Section 4A Economic Development Corporation To
Negotiate A Memorandum Of Understanding For Terms And
Conditions To Locate A Potential CaII Center Project In Port
Arthur
The Mayor introduced the above - mentioned Proposed Resolution.
Upon the motion was made by Councilmember Thomas, seconded by Councilmember
Doucet and carried, Proposed Resolution No. 17432 was adopted becoming Resolution
No. 12 -612.
Voting Yes: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers Scott, Segler,
Albright, Doucet, Williamson and Thomas.
Voting No: None.
The caption of Resolution No. 12 -612 reads as follows:
RESOLUTION NO. 12 -612
A RESOLUTION AUTHORIZING THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION TO NEGOTIATE
A MEMORANDUM OF UNDERSTANDING FOR
TERMS AND CONDITIONS TO LOCATE A
POTENTIAL CALL CENTER PROJECT IN PORT
ARTHUR
(2) P.R. No. 17433 — A Resolution Authorizing The City Of Port
Arthur Section 4A Economic Development Corporation To
Offer The Sale Of 59+ Acres Of Land In The City Of Port
Arthur Section 4A Economic Development Corporation
Business Park At $1.02 Per Square Foot
The Mayor introduced the above - mentioned Proposed Resolution.
The motion was made by Councilmember Thomas and seconded by Councilmember
Doucet that Proposed Resolution No. 17433 be adopted.
EDC Executive Director appeared before the City Council to answer inquiries regarding
the above - mentioned item.
City Council Minutes 15
Regular Meeting — December 11, 2012
Upon the motion of Councilmember Williamson, seconded by Councilmember Doucet
and carried unanimously, Proposed Resolution No. 17433 was amended as follows:
To include the Range $1.02 to $1.08 per square foot.
Proposed Resolution No. 17433 was adopted as amended becoming Resolution No. 12-
613.
Voting Yes: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers Scott, Segler,
Albright, Doucet, Williamson and Thomas.
Voting No: None.
The caption of Resolution No. 12 -613 reads as follows:
RESOLUTION NO. 12 -613
A RESOLUTION AUTHORIZING THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION TO OFFER THE
SALE OF 59+ ACRES OF LAND IN THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION BUSINESS
PARK AT $1.02 PER SQUARE FOOT
MOTION MADE IN OPEN SESSION:
City Attorney Tizeno read the following motion into the record:
A Motion Authorizing The Execution Of A Consent Decree With
Regard To Litigation Involving The State Marine Super Fund Site
And Also Authorizes A Payment Of $285.00 As Part Of The
Settlement Of This Claim
Upon the motion of Councilmember Williamson, seconded by Councilmember Albright
and carried, the above - mentioned motion was adopted.
Voting Yes: Mayor Prince; Mayor Pro Tem Lewis; Councilmembers Scott, Segler,
Albright, Doucet, Williamson and Thomas.
Voting No: None.
VIII. REPORTS OF BOARDS & COMMITTEES — None
X. ADJOURNMENT OF MEETING
Upon the motion by Councilmember Thomas, seconded by Councilmember Williamson
and carried unanimously, the City Council adjourned their meeting 4:44 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 DELORIS "BOBBIE" PRINCE
ATTEST:
CITY SECRETARY SHERRI BELLARD
END OF REGULAR MEETING HELD: December 11, 2013
APPROVED:
City Council Minutes 16
Regular Meeting — December 11, 2012