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HomeMy WebLinkAboutNOVEMBER 26, 2013 REGULAR MEETING REGULAR MEETING — November 26, 2013 I. INVOCATION, PLEDGE & ROLL CALL Mayor Pro Tem Williamson 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, November 26, 2013 at 8:35 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Robert E. "Bob" Williamson; Councilmembers Raymond Scott, Jr., Elizabeth "Liz" Segler and Morris Albright, III.; City Manager Floyd T. Johnson, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Mark Blanton. Councilmember Kerry "Twin" Thomas joined the Regular Meeting at 8:41 a.m. Councilmember Willie "Bae" Lewis joined the Regular Meeting at 8:42 a.m. Councilmember Derrick Freeman joined the Regular Meeting at 8:46 a.m. Councilmember Robert Troy was absent from the Regular Meeting II. PROCLAMATIONS & MINUTES Proclamations — None Minutes November 12, 2013 Special Executive Meeting November 12, 2013 Regular Meeting November 14, 2013 Special Meeting November 19, 2013 Special Meeting November 21, 2013 Special Meeting November 22, 2013 Special Meeting Upon the motion of Councilmember Albright, seconded by Mayor Pro Tem Williamson and carried, the above - mentioned Minutes were adopted. III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) KCS Holiday Express Train Committee Regarding The KCS Holiday Express Train Visit To Port Arthur — November 29, 2013 Father Oubre Sinclair gave the above - mentioned presentation. (2) Presentation By Arthur Thomas, Texas Gas Service Area Manager Texas Gas Service Area Manager Arthur Thomas gave the above - mentioned presentation. C. Employee Recognition — None D. Correspondence - None V. UNFINISHED BUSINESS — None VI. CONSENT AGENDA Upon the motion of Mayor Pro Tem Williamson, seconded by Councilmember Albright and carried, the following Consent Agenda items were adopted with the exception of Proposed Item A. and Resolutions No. 17762, 17790, 18032, 18043, 17852, 18055 and 18056: Resolutions — Consent (3) P.R. No. 17893 — A Resolution Ratifying The Jefferson County Commissioners' Court Action To Waive The Penalties And Interest In The Amount Of $76.99 And Accept The Payment Of $318.04 Per Section 33.011 Of The State Property Tax Code Proposed Resolution No. 17893 was adopted becoming Resolution No. 13 -566. (4) P.R. No. 17921 — A Resolution Approving Payment In The Amount Of $46,553.95 For The TCEQ Annual Water System Fee For The City Of Port Arthur. Account No. 410 -1252- 532.59 -01 Proposed Resolution No. 17921 was adopted becoming Resolution No. 13 -567. (5) P.R. No. 18009 — A Resolution Authorizing The Purchase Of Radio System Upgrades From Motorola Solutions Of Farmers Branch, Texas, With H -GAC Pricing In The Amount Of $1,010,000.00; Funding Available In Account 107 -1118- 521.92 -00 Project Number PS0019 Proposed Resolution No. 18009 was adopted becoming Resolution No. 13 -568. (6) P.R. No. 18031 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And MK Constructors, Of Vidor, Texas, Increasing The Contract Amount By $3,900.00 To A New Contract Amount Of $1,928,800.00. Project No. I21GST, Account No. 144 -1201- 532.85 -00 Proposed Resolution No. 18031 was adopted becoming Resolution No. 13 -569. (8) P.R. No. 18034 — A Resolution Authorizing The Purchase Of Three (3) 3 /4 -Ton Diesel Utility Trucks For The Utility Operations Department From Philpott Motors, Of Nederland, Texas, Through Buyboard, In The Total Amount Of $106,152.25. Funds Are Available In Account No. 625- 1801- 532.93 -05, And 625 - 1808 - 532.93 -03 Proposed Resolution No. 18034 was adopted becoming Resolution No. 13 -570. (9) P.R. No. 18035 — A Resolution Authorizing The Purchase Of Two (2) '/z -Ton Extended Cab Pickups For The Utility Operations Department From Philpott Motors, Of Nederland, Texas, Through Buyboard, In The Total Amount Of $49,179.50. Funds Are Available In Account Nos. 625- 1801- 532.93 -05 & 625 -1801- 532.93 -03 Proposed Resolution No. 18035 was adopted becoming Resolution No. 13 -571. (10) P.R. No. 18036 — A Resolution Authorizing The Second And Final Year For The Contract Between The City Of Port Arthur And Double W Services, L.L.C. Of Meridian, Texas For The Repairing /Refurbishing Refuse Containers On A Unit Cost Basis, For A Not To Exceed Amount Of $50,000.00. Account No. 403 - 1273 - 533.59 -00 Proposed Resolution No. 18036 was adopted becoming Resolution No. 13 -572. City Council Minutes 2 Regular Meeting — November 26, 2013 (11) P.R. No. 18037 — A Resolution Authorizing The Purchase Of One 4x2 Super Duty Crew Cab Truck With Dump Body For The Utility Operations Department From Philpott Motors, Of Nederland, Texas, Through Buyboard, In The Total Amount Of $51,117.75. Funds Are Available In Account No. 625 -1801- 532.93 -03 Proposed Resolution No. 18037 was adopted becoming Resolution No. 13 -573. (12) P.R. No. 18038 — A Resolution Authorizing The Purchase Of A Mini Excavator For The Utility Operations Department From Waukesha- Pearce Industries, Inc. (Thru Buyboard), Of Port Arthur, Texas, In The Total Amount Of $32,973.00. Funds Are Available In Account No. 625 -1801- 532.93 -03 Proposed Resolution No. 18038 was adopted becoming Resolution No. 13 -574. (13) P.R. No. 18039 — A Resolution Authorizing The Purchase Of Two (2) Sewer letter Trucks For The Utility Operations Department From Rush Truck Center Texarkana, Of Nash, Texas, Through Buy Board, In The Total Amount Of $233,663.38. Funds Are Available In Account No. 625- 1801- 532.93 -05 Proposed Resolution No. 18039 was adopted becoming Resolution No. 13 -575. (14) P.R. No. 18040 — A Resolution Authorizing The Purchase Of One Combination Sewer Cleaner (Vactor) Truck For The Utility Operations Department From Freightliner Of Austin, Of Austin, Texas, Through Buy Board In The Total Amount Of $331,832.00. Funds Are Available In Accounts No. 625- 1801- 532.93 -05 Proposed Resolution No. 18040 was adopted becoming Resolution No. 13 -576. (15) P.R. No. 18042 — A Resolution Authorizing Payment Of An Invoice For $31,080.00 For FY 2014 Computer Services From The Houston Area Library Automated Network (HALAN) (Account No. 001 -1403- 551.59 -00) Proposed Resolution No. 18042 was adopted becoming Resolution No. 13 -577. (17) P.R. No. 18045 — A Resolution Approving Payment In The Amount Of $85,906.58 For The TCEQ Annual Consolidated Water Quality Assessment Fees For All Three (3) Wastewater Treatment Facilities In The City Of Port Arthur. Account No. 410- 1256 - 532.59 -01 Proposed Resolution No. 18045 was adopted becoming Resolution No. 13 -578. (18) P.R. No. 18046 - A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $14,311.33 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1953 Proposed Resolution No. 18046 was adopted becoming Resolution No. 13 -579. (19) P.R. No. 18047 — A Resolution Authorizing The Acceptance Of The Sub - Recipient Awards For The 2013 State Homeland Security Grant Program (SHSP) And The 2013 State Homeland Security Grant Program Law Enforcement City Council Minutes 3 Regular Meeting — November 26, 2013 Terrorism Prevention Activities (SHSP - LETPA) Projected At $27,676.00 Proposed Resolution No. 18047 was adopted becoming Resolution No. 13 -580. (20) P.R. No. 18049 — A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With Ascende Inc., To Provide Administrative Services For The 2014 Retirees Drug Subsidy (RDS) Filing At A Cost Of $17,500.00; Fund No. 614 -1701- 583.54 -00 Health Insurance Fund Proposed Resolution No. 18049 was adopted becoming Resolution No. 13 -581. (21) P.R. No. 18051 — A Resolution Authorizing The Final Payment In The Amount Of $342,994.90 For The Contract Between The City Of Port Arthur And L. D. Kemp Excavating, Inc., Of Fort Worth, Texas, For The Cell 48 Liner And Drainage Improvements At The City Of Port Arthur Landfill. Funding Available In Account CIP302, 303- 1601- 591.89 -00 Proposed Resolution No. 18051 was adopted becoming Resolution No. 13 -582. (23) P.R. No. 18053 — A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of Proposed Wrecker Business, I. E., Opie's Towing & Transport Proposed Resolution No. 18053 was adopted becoming Resolution No. 13 -583. (26) P.R. No. 18057 — A Resolution Authorizing The Purchase Of One (1) 12 -14 Yard Dump Truck For The Utility Operations Department From Buyboard, Through Freightliner Of Austin, Of Austin, Texas, In The Total Amount Of $97,240.00. Funds Are Available In Account No. 625 -1801- 532.93 -02 Proposed Resolution No. 18057 was adopted becoming Resolution No. 13 -584. (27) P.R. No. 18061— A Resolution Authorizing The Amendment To Blanket Purchase Order No. 169795 For Providing And Hauling Of Soils For The Public Works Department Landfill Division With Redwine Enterprises, Inc., To An Amount Not To Exceed $841,983.02. Funds Are Available In Account No. 403 - 1274 - 533.59 -02 Proposed Resolution No. 18061 was adopted becoming Resolution No. 13 -585. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT Consent — Item Consent — Item (A) Expense Reports (1) Mayor Deloris "Bobbie" Prince: SETX Regional Planning Commission Meeting Beaumont, Texas November 20, 2013 $27.93 City Council Minutes 4 Regular Meeting — November 26, 2013 (2) Councilmember Willie "Bae" Lewis, 3r.: National League Of Cities Conference Seattle, Washington November 13 -16, 2013 $2,851.87 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Williamson and seconded by Councilmember Lewis that Proposed Item A. be adopted. The following roll call vote was taken on the motion to adopt Proposed Item A.: Councilmember Albright "Yes Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Item A. was adopted. Consent - Resolutions (1) P.R. No. 17762 — A Resolution Authorizing The City Manager To Execute A Contract With Nelson Collaborative Of Houston, Texas, For The Design And Construction Management Of The Restoration Of Historic Rose Hill Phase One (1) In An Amount Not To Exceed $51,200; Funding: 001 - 1402 - 551.54 -00 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Thomas that Proposed Resolution No. 17762 be adopted. The motion was made by Councilmember Albright and seconded by Mayor Pro Tem Williamson that Proposed Resolution No. 17762 be removed from the agenda. The following roll call vote was taken on the motion to remove Proposed Resolution No. 17762 from the agenda: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 17762 was removed from the agena. (2) P.R. No. 17790 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And L & L General Contractors Of Beaumont, Texas, For The Construction Of The Pleasure Island Recreation Corridor Trail, Section 2 Project In The Amount Of $90,611.00 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Mayor Pro Tem Williamson that Proposed Resolution No. 17790 be adopted. City Council Minutes 5 Regular Meeting — November 26, 2013 Pleasure Island Director Jimmy Dike appeared before the City Council to answer inquiries regarding the above - mentioned contract. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 17790: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 17790 was adopted becoming Resolution No. 13 -586. The caption of Resolution No. 13 -586 reads as follows: RESOLUTION NO. 13 -586 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND L & L GENERAL CONTRACTORS OF BEAUMONT, TEXAS, FOR THE CONSTRUCTION OF THE PLEASURE ISLAND RECREATION CORRIDOR TRAIL, SECTION 2 PROJECT IN THE AMOUNT OF $90,611.00 (7) P.R. No. 18032 — A Resolution Authorizing The City Manager To Enter Into A Ten Year Interlocal Agreement For Computerized Library Services With The City Of Houston (Houston Area Library Automated Network /Halan) To Provide Computer Services To The Port Arthur Public Library In The Not To Exceed Amount Of $50,000.00 Annually. Funding Available In Account No. 001- 1403 - 551.59 -00 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Thomas and seconded by Councilmember Freeman that Proposed Resolution No. 18032 be adopted. Library Director Jose Martinez appeared before the City Council to answer inquiries regarding the above - mentioned contract. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18032: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis `Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18032 was adopted becoming Resolution No. 13 -587. The caption of Resolution No. 13 -587 reads as follows: City Council Minutes 6 Regular Meeting — November 26, 2013 RESOLUTION NO. 13 -587 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A TEN YEAR INTERLOCAL AGREEMENT FOR COMPUTERIZED LIBRARY SERVICES WITH THE CITY OF HOUSTON (HOUSTON AREA LIBRARY AUTOMATED NETWORK /HALAN) TO PROVIDE COMPUTER SERVICES TO THE PORT ARTHUR PUBLIC LIBRARY IN THE NOT TO EXCEED AMOUNT OF $50,000.00 ANNUALLY. FUNDING AVAILABLE IN ACCOUNT NO. 001 -1403- 551.59 -00 IV. PUBLIC HEARINGS — 9:00 A.M. (1) To Discuss And Review Plans For The Proposed Annexation Of The Properties Of Atofina /BASF /Sabina (BTP), BASF (Old Sandoz), BASF /BASF Corp /BASF Fina /TOTAL (BTP), Chevron Phillips, Chevron USA, FHR PA (Flint Hills), Ineos Phenol, Oxbow Calcining, PA Steam Energy, Praxair (Located On The Property Of The Motiva Port Arthur Refinery), Valero (Premcor: Hydrotreater Refinery Expansion), Valero ( Premcor: Tier II), Valero (Premcor: ` Refinery And HOUP), TOTAL, Veolia, Air Products, And GT Omniport Which Includes But Is Not Limited To The Properties That Were Subject To The "In Lieu Of Tax" And "Industrial Agreements" As Delineated Below: The Following Companies Have "In Lieu Of Tax" Agreements Or "Industrial District Agreements" With The City Of Port Arthur That Expire On December 31, 2013. These Properties Are The Subject Of The Public Hearings: • Atofina /BASF /Sabina (BTP) • BASF (Old Sandoz) • BASF /BASF Corp /BASF Fina /TOTAL (BTP) • Chevron Phillips • Chevron USA • FHR PA (Flint Hills) • Ineos Phenol • Oxbow Calcining • Port Arthur Steam Energy • Praxair (Located On The Property Of The Motiva Port Arthur Refinery) Res. No.10 -528. • (Valero)Premcor: Hydrotreater Refinery Expansion (Res. No. 08 -494). • (Valero) Premcor: Tier II (Res. No. 08 -494). • (Valero) Premcor: Refinery And HOUP Res. No. 08 -494. • Total • Veolia • Air Products (Located On The Property Of The Premcor Refining Group, Inc. [Valero]) • GT Omniport: GT Omniport Owns A Facility That Is Located In The City's Extraterritorial Jurisdiction (ET)), Which Is Being Considered For Annexation. • Praxair: Praxair Operates A Second Facility That Is Located On Property Owned By Premcor Refining Group, Inc. [Valero]) That Is Located In The City's Extraterritorial Jurisdiction (ETJ), Which Is Being Considered For Annexation. City Council Minutes 7 Regular Meeting — November 26, 2013 And; Entergy Has Metering Locations And Substations In The City's Extraterritorial Jurisdiction (ET)) And In These Industrial Areas That The City Seeks To Annex; The City Of Port Arthur Desires To Annex The Properties As Described Above That Are Located In The Extraterritorial Jurisdiction Of The City As Well As The Necessary Adjacent Land To Connect Thereto So That The Annexed Property Will Be Contiguous To The Existing Corporate Limits And At Least 1000' In Width As Delineated In The Map And Following Legal Descriptions. The Mayor introduced the above - mentioned Public Hearing at 9:04 a.m. The City Attorney 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 Freeman, seconded by Councilmember Thomas and carried unanimously, the City Council closed the Public Hearing at 9:37 a.m. (2) To Consider Comments Concerning The Adoption Of An Ordinance To Participate In The Texas Enterprise Zone Program And To Consider The Nomination Of The Premcor Refining Group, Inc., Located At 1801 South Gulfway Drive, Port Arthur, Texas 77640 To The Office Of The Governor Economic Development And Tourism As A Double Jumbo Texas Enterprise Project. Possible Tax Incentives Or Other Incentives To Be Offered To Projects Within The City Of Port Arthur Will Be Discussed At The Meeting The Mayor introduced the above - mentioned Public Hearing at 9:37 a.m. Texas Enterprise Zone Program Team Leader Jonathan Ferguson, 4808 Silverdale Drive, Austin, Texas, 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 Mayor Pro Tem Williamson, seconded by Councilmember Freeman and carried unanimously, the City Council closed the Public Hearing at 9:41 a.m. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT B. Ordinances (1) P.O. No. 6356 — An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Ordaining The City's Participation In The Texas Enterprise Zone Program Pursuant To The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code ( "Act "), Providing Tax Incentives, Designating A Liaison For Communication With Interested Parties, And Nominating The Premcor Refining Group, Inc., City Council Minutes 8 Regular Meeting — November 26, 2013 To The Office Of The Governor Economic Development & Tourism ( "EDT ") Through The Economic Development Bank ( "Bank ") As A Double Jumbo Enterprise Project ( "Project ") The City Manager introduced the above - mentioned Proposed Ordinance. Councilmember Lewis filed a Conflict of Interest Affidavit with the City Secretary and did not participate in any discussion or action regarding the above - mentioned item. The motion was made by Councilmember Freeman and seconded by Councilmember Scott that Proposed Ordinance No. 6356 be adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6356: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6356 was adopted becoming Ordinance No. 13 -54. The caption of Ordinance No. 13 -54 reads as follows: ORDINANCE NO. 13 -54 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, ORDAINING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE ( "ACT "), PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING THE PREMCOR REFINING GROUP, INC., TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM ( "EDT ") THROUGH THE ECONOMIC DEVELOPMENT BANK ( "BANK ") AS A DOUBLE JUMBO ENTERPRISE PROJECT ( "PROJECT ") (16) P.R. No. 18043 — A Resolution Authorizing The Purchase Of Two (2) New Holland TS6 Tractors With Alamo 22' Boom Mower Attachments From Lansdowne -Moody Co., L.P., Of Houston, Texas, Through H -GAC In The Amount Of $332,544.76. Account 625 -1801- 531.93 -04 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Williamson and seconded by Councilmember Freeman that Proposed Resolution No. 18043 be adopted. The motion was made by Mayor Pro Tem Williamson and seconded by Councilmember Albright that Proposed Resolution No. 18043 be amended as follows: "That three (3) new Holland TS6 tractors be purchased." The following roll call vote was taken on the motion to amend Proposed Resolution No. 18043: City Council Minutes 9 Regular Meeting — November 26, 2013 Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18043 as amended: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes Proposed Resolution No. 18043 was adopted, as amended, becoming Resolution No. 13 -588. The caption of Resolution No. 13 -588 reads as follows: RESOLUTION NO. 13 -588 A RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) NEW HOLLAND TS6 TRACTORS WITH ALAMO 22' BOOM MOWER ATTACHMENTS FROM LANSDOWNE -MOODY CO., L.P., OF HOUSTON, TEXAS, THROUGH H- GAC IN THE AMOUNT OF $332,544.76. ACCOUNT 625 -1801- 531.93 -04 (22) P.R. No. 17852 — A Resolution Authorizing SCS Engineers Of Bedford, Texas, Request For Additional Payment Of $24,850.00 Due To The Increase Of The Scope Of Work For Engineering Services Associated With The Design, Permitting, And Construction Of The Cell 48 Liner System At The City Of Port Arthur Landfill. Funding Available In Account 403 - 1274 - 533.54 -00 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Councilmember Freeman that Proposed Resolution No. 17852 be adopted. The motion was made by Councilmember Freeman and seconded by Mayor Pro Tem Williamson that Proposed Resolution No. 17852 be amended as follows: "That the proposed resolution number be corrected to reflect P.R. No. 18052." The following roll call vote was taken on the motion to amend Proposed Resolution No. 17852: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" City Council Minutes 10 Regular Meeting — November 26, 2013 Councilmember Segler "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18052 as amended: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes Proposed Resolution No. 18052 was adopted, as amended, becoming Resolution No. 13 -589. The caption of Resolution No. 13 -589 reads as follows: RESOLUTION NO. 13 -589 A RESOLUTION AUTHORIZING SCS ENGINEERS OF BEDFORD, TEXAS, REQUEST FOR ADDITIONAL PAYMENT OF $24,850.00 DUE TO THE INCREASE OF THE SCOPE OF WORK FOR ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN, PERMITTING, AND CONSTRUCTION OF THE CELL 48 LINER SYSTEM AT THE CITY OF PORT ARTHUR LANDFILL. FUNDING AVAILABLE IN ACCOUNT 403 -1274- 533.54 -00 (24) P.R. No. 18055 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And Basco Construction, Inc., For The Renovation To The Port Arthur Armory -Phase I, Increasing The Contract Term By 33 Days To A New Term Of 125 Days And Increasing The Contract Amount By $1,483.00 To A New Amount Of $147,659.00. Account No. 306 - 1606 - 591.59 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Councilmember Scott that Proposed Resolution No. 18055 be adopted. Assistant City Manager /Operations John Comeaux appeared before the City Council to answer inquiries regarding the above - mentioned contract. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18055: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" City Council Minutes 11 Regular Meeting — November 26, 2013 Proposed Resolution No. 18055 was adopted becoming Resolution No. 13 -590. The caption of Resolution No. 13 -590 reads as follows: RESOLUTION NO. 13 -590 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 3 TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND BASCO CONSTRUCTION, INC., FOR THE RENOVATION TO THE PORT ARTHUR ARMORY -PHASE I, INCREASING THE CONTRACT TERM BY 33 DAYS TO A NEW TERM OF 125 DAYS AND INCREASING THE CONTRACT AMOUNT BY $1,483.00 TO A NEW AMOUNT OF $147,659.00. ACCOUNT NO. 306- 1606- 591.59 (25) P.R. No. 18056 — A Resolution Authorizing The Calling Of A Public Hearing On Tuesday December 10, 2013 At 6:00 P.M. To Consider Whether Or Not To Issue A Major Pipeline Permit To Sunoco Pipeline, L. P., Of Sugar Land, Texas, For The Installation Of A Thirty Inch (30 ") Crude Pipeline Within The City Limits Of Port Arthur, Texas The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Mayor Pro Tem Williamson that Proposed Resolution No. 18056 be adopted. Assistant City Manager /Operations John Comeaux appeared before the City Council to answer inquiries regarding the above - mentioned contract. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18056: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18056 was adopted becoming Resolution No. 13 -591. The caption of Resolution No. 13 -591 reads as follows: RESOLUTION NO. 13 -591 A RESOLUTION AUTHORIZING THE CALLING OF A PUBLIC HEARING ON TUESDAY DECEMBER 10, 2013 AT 6:00 P.M. TO CONSIDER WHETHER OR NOT TO ISSUE A MAJOR PIPELINE PERMIT TO SUNOCO PIPELINE, L. P., OF SUGAR LAND, TEXAS, FOR THE INSTALLATION OF A THIRTY INCH (30 ") CRUDE PIPELINE WITHIN THE CITY LIMITS OF PORT ARTHUR, TEXAS A. Resolutions City Council Minutes 12 Regular Meeting — November 26, 2013 (1) P.R. No. 17829 — A Resolution Appointing And /Or Reappointing Member Or Members To The Wellness Committee The Mayor introduced the above - mentioned Proposed Resolution. Councilmember Thomas left the Regular Meeting. The motion was made by Mayor Pro Tem Williamson and seconded by Councilmember Freeman that Proposed Resolution No. 17829 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 17829: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 17829 was adopted becoming Resolution No. 13 -592. The caption of Resolution No. 13 -592 reads as follows: RESOLUTION NO. 13 -592 A RESOLUTION APPOINTING AND /OR REAPPOINTING MEMBER OR MEMBERS TO THE WELLNESS COMMITTEE B. Ordinances (2) P.O. No. 6357 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $26,010.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1946 The City Manager introduced the above- mentioned Proposed Ordinance. Councilmember Thomas returned to the Regular Meeting. The motion was made by Councilmember Lewis and seconded by Councilmember Albright that Proposed Ordinance No. 6357 be adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6357: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6357 was adopted becoming Resolution No. 13 -55 The caption of Ordinance No. 13 -55 reads as follows: City Council Minutes 13 Regular Meeting — November 26, 2013 ORDINANCE NO. 13 -55 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT OF AN AUTOMOBILE PHYSICAL DAMAGE CLAIM IN THE AMOUNT OF $26,010.00 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML) AS A RESULT OF THE PROPERTY DAMAGE TO CITY POLICE VEHICLE #1946 (3) P.O. 6358 — An Ordinance Amending The Code Of Ordinances By Adding Section 2 -287 To Article VI As It Pertains To Requiring Lobbying Certification For Contract Documents And Incentive Agreements (Requested By Councilmember Lewis) The City Manager introduced the above - mentioned Proposed Ordinance. The motion was made by Councilmember Albright and seconded by Councilmember Lewis that Proposed Ordinance No. 6358 be tabled. The following roll call vote was taken on the motion to table Proposed Ordinance No. 6358: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Councilmember Thomas "Yes" Councilmember Troy "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6358 was tabled. VII. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation Regarding Waterline Easements Along State Highway 87 (2) Section 551.072 Government Code — To Discuss The Value Of Land Located On Pleasure Island (3) Section 551.072 Government Code - To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (4) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements The following motion was made by Mayor Pro Tem Williamson and seconded by Councilmember Freeman to start the process of eminent domain regarding water line easements along State Highway 87 for construction improvements needed by the City. Councilmember Albright "Yes" City Council Minutes 14 Regular Meeting — November 26, 2013 Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" The City Council recessed their meeting at 10:02 a.m. to meet in Executive Session to consider the above - mentioned topics, and reconvened their meeting at 11:16 a.m. with the following members present: Mayor Prince; Mayor Pro Tem Williamson; Councilmembers Scott, Segler, Albright, Lewis and Freeman; City Manager Johnson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT (2) P.R. No. 18003 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Veolia Environmental Services The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Williamson and seconded by Councilmember Freeman that Proposed Resolution No. 18003 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18003: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18003 was adopted becoming Resolution No. 13 -593. The caption of Resolution No. 13 -593 reads as follows: RESOLUTION NO. 13 -593 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH VEOLIA ENVIRONMENTAL SERVICES (3) P.R. No. 18062 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With GT OmniPort The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Williamson and seconded by Councilmember Freeman that Proposed Resolution No. 18062 be adopted. Flint Hills CEO Hubert Oxford, III., 4810 Hubert Road, Flint Hills, Texas, appeared before the City Council to answer inquiries regarding the above - mentioned IDA. The motion was made by Mayor Pro Tem Williamson and seconded by Councilmember Freeman that Proposed Resolution No. 18062 be amended as follows: "That an Assignment Clause be added to the contract" City Council Minutes 15 Regular Meeting — November 26, 2013 The following roll call vote was taken on the motion to amend Proposed Resolution No. 18062: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Segler "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18062 was adopted becoming Resolution No. 13 -594. The caption of Resolution No. 13 -594 reads as follows: RESOLUTION NO. 13 -594 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH GT OMNIPORT IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Freeman, seconded by Mayor Pro Tem Williamson and carried unanimously, the City Council adjourned their meeting 11:23 a.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 November 26, 2013. APPROVED • City Council Minutes 16 Regular Meeting — November 26, 2013