HomeMy WebLinkAboutSEPTEMBER 2, 2014 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR JOHN COMEAUX,P.E.
DERRICK FREEMAN,MAYOR PRO TEM INTERIM CITY MANAGER
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COUNCIL MEMBERS: City of ci SHERRI BELLARD
RAYMOND SCOTT,JR. \ CITY SECRETARY,TRMC
TIFFANY L.HAMILTON
MORRIS ALBRIGHT,III — VALECIA R.TIZENO
STEPHEN A.MOSELY O r t r t h u r CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
ROBERT E."BOB"WILLIAMSON Texas
KAPRINA RICHARDSON FRANK
AG E N DA
City Council
Regular Meeting
September 2, 2014
8:3o a.m.
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Secretary's Office, at (409) 983-8115.
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
September 2, 2014
8:30 A.M.
PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Prince
Mayor Pro Tern Freeman
Councilmember Scott, Jr.
Councilmember Hamilton
Councilmember Albright, III
Councilmember Mosely
Councilmember Lewis, Jr.
Councilmember Williamson
Councilmember Frank
Interim City Manager Comeaux P.E.
City Secretary Bellard, TRMC
City Attorney Tizeno
Sergeant At Arms:
Police Chief Blanton Or Designee
II. PROCLAMATIONS & MINUTES
Proclamations
Minutes
April 22, 2014 Special Meeting June 25, 2014 Special Executive
April 29, 2014 Special Executive Meeting
Meeting July 09, 2014 Special Meeting
May 21, 2014 Special Meeting July 14, 2014 Special Meeting
May 27, 2014 Special Executive July 17, 2014 Special Meeting
Meeting July 21, 2014 Special Meeting
June 17, 2014 Special Executive July 22, 2014 Special Meeting
Meeting July 29, 2014 Special Meeting
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AGENDA
SEPTEMBER 2, 2014
III. PETITIONS & COMMUNICATIONS
A. Speakers
Alicia Marshall, Regarding 58th Street Repairs
III. PETITIONS & COMMUNICATIONS — CONTINUED
B. Presentations — None
C. Employee Recognition — None
D. Correspondence — None
IV. PUBLIC HEARINGS — 9:00 A.M.
(1) To Consider A Zoning District Change From Agricultural (A) To
Industrial (I) For The Following Parcels Of Land:
(A) Public Hearing 1: A 20.56 Acre Tract Of Land Out Of The WM. N.
Sigler, Abstract No. 48, And The T.&N.O.R.R. Survey, Section No.
3, Abstract No. 258, C.C.F. NO. 2007008648 O.P.R. Of J.C.T., JCAD
PID 238903, City Of Port Arthur, Jefferson County, Texas
(Property Located South Of Knauth Road And West Of West
Port Arthur Road), Request To Change Zoning From Agricultural
To Industrial
(B) Public Hearing 2: A 14.28 Acre Tract Of Land Out Of The WM. N.
Sigler Tract 70, Abstract No. 48, C.C.F. No. 2007008648 O.P.R. Of
J.C.T., JCAD PID 240873 And 139634, City Of Port Arthur, Jefferson
County, Texas (Property Located North Of Knauth Road And
West Of West Port Arthur Road). Request To Change Zoning
From Agricultural To Industrial
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AGENDA
SEPTEMBER 2, 2014
IV. PUBLIC HEARINGS — 9:00 A.M. — CONTINUED
(C) Public Hearing 3: A 16.64 Acre Tract Of Land Out Of The WM. N.
Sigler Tract 58, Abstract No. 48, C.C.F. No. 2007008648 O.P.R. Of
J.C.T., S. & E. 13.04 Acres, C.C.F. No. 2013025948 O.P.R. Of
J.C.T., JCAD PID 133175, City Of Port Arthur, Jefferson County,
Texas (Property Located North Of Knauth Road And West Of
West Port Arthur Road). Request To Change Zoning From
Agricultural To Industrial
(D) Public Hearing 4: A 13.04 Acre Tract Of Land Out Of The WM. N.
Sigler Tract 73, Abstract No. 48, And T. & N.O. No. 3, Tract 48,
Abstract No. 258, C.C.F. No. 2013025948 O.P.R. Of J.C.T., JCAD
PID 326601 And 238905, City Of Port Arthur, Jefferson County,
Texas (Property Located North Of Knauth Road And West Of
West Port Arthur Road), Request To Change Zoning From
Agricultural To Industrial
V. UNFINISHED BUSINESS
The Following Items Of Business Were Held From The Previous Meeting At
Which No Action Was Taken On These Items:
A. Resolutions
(1) P.R. No. 18457 — A Resolution Authorizing The City Manager To
Execute Change Order Nos. 1 And 2 To The Contract Between The
City Of Port Arthur And Gulf Coast Audio Of Beaumont, Texas, For
The Installation Of A New Sound System For The Council Chamber,
Increasing The Contract Amount By $7,748.00, To A New Total Of
$64,754.00, And The Contract Time By 11 Calendar Days. Account
#001-1203-531.59-00 And #001-1013-513.92-00
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AGENDA
SEPTEMBER 2, 2014
V. UNFINISHED BUSINESS — CONTINUED
(2) P.R. No. 18483 — A Resolution Authorizing The City Manager To
Secure Professional Engineering Services For The Performance Of A
Feasibility Study To Determine The Possibility Of Abandoning The
Existing Vista Village Pump Station And Ditches And Connecting
The Internal Drainage System Into Jefferson County Drainage
District No. 7's El Vista Pump Station System And Detention Pond,
The Study To Be Funded By Available General Obligation Bonds Set
Aside For Drainage Projects In The City (Requested By
Councilmembers Lewis And Mosely)
B. Ordinances
(1) P.O. No. 6397 — An Appropriation Ordinance Amending The
Pleasure Island Budget For The Fiscal Year Beginning October 1,
2013, And Ending September 30, 2014, By $256,000.00 In Order
To Fund Paving Of The Parking Lot At The Pleasure Island
Administration Building And At The Pleasure Island Marina
VI. CONSENT AGENDA
NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or
Administrative Nature. The Council Has Been Furnished With Background
And Support Material On Each Item, And/Or It Has Been Discussed At A
Previous Meeting. All Items Will Be Acted Upon By One Vote Without
Being Discussed Separately Unless Requested By A Council Member Or A
Citizen, In Which Event The Item Or Items Will Immediately Be
Withdrawn For Individual Consideration In Its Normal Sequence After The
Items Not Requiring Separate Discussion Have Been Acted Upon.
(A) Expense Report
Mayor, Deloris Prince
South East Texas Regional Planning Commission Meeting
Beaumont, TX
August 20, 2014 $27.87
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AGENDA
SEPTEMBER 2, 2014
VI. CONSENT AGENDA — CONTINUED
Mayor Pro Tern, Derrick Freeman
Texas Municipal League Leadership Class
Austin, TX
August 20 — 22, 2014 $1,005.29
Councilmember, Kaprina Frank
Texas Newly Elected Officials Orientation
Irving, TX
August 14 — 16, 2014 $1,066.70
Resolutions — Consent
(1) P.R. No. 18353 — A Resolution Authorizing The City Manager To
Execute Change Order 001 To The Contract Between The City Of
Port Arthur And McInnis Construction, Inc., Of Silsbee, Texas, For
Construction Of The City's Transit Administrative Building,
Increasing The Contract Amount By $21,129.90 To A New Total Of
$1,059,829.90, And Increasing The Contract Time By 33 Days Due
To Weather Delays, To A New Total Of 308 Days. Funded From
TX96-X042 (ARRA-American Reinvestment And Recovery Act
Funds) And 2014 Grant And The General Funds That Are
Apportioned For Operations And Capital Expenses Project 96X042
(2) P.R. No. 18447 — A Resolution Authorizing The Execution Of A
Contract For Wastewater Laboratory Services, For The Utility
Operations Department With KAP Technologies, Inc., In The Total
Annual Not-To-Exceed Amount Of $27,566.00. Funds Are Available
In Utility Operations Account No. 410-1256-532.54-00
(3) P.R. No. 18477 — A Resolution Authorizing A One (1) Year Contract
Between The City Of Port Arthur And Carroll & Blackman, Inc., For
The Management Of The Industrial Storm Water Pollution
Prevention Plan For The City Of Port Arthur Transit Facilities In The
Amount of $4,500.00. The Transit Operating Grant Account
Number For This Service Is 401-1504-561.54-00
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AGENDA
SEPTEMBER 2, 2014
VI. CONSENT AGENDA — CONTINUED
(4) P.R. No. 18481 — A Resolution As It Pertains To Retaining Dr. Ben
Kelvin Stafford For The Local Business Enterprise Program, In The
Not-To-Exceed Amount Of $20,000.00; Funding Available In The
City Manager's Contingency Account No. 001-1003-512.59-00,
Project No. M09002
(5) P.R. No. 18482 — A Resolution Authorizing The City Manager To
Execute The Contract For Phase III Of A Performance Contracting
Agreement Between The City Of Port Arthur And Siemens Industry,
Inc., Building Technologies Division, For The Replacement Of Fire
Hydrants, Large Water Meter Replacements, And City-Wide Retrofit
To Fixed Based System, And Automatic Meter Reading System
Upgrade, In An Amount Not-To-Exceed $8,021,021.00 (Funding
Contingent Upon Approval Of Financing)
(6) P.R. No. 18489 — A Resolution Authorizing The City Manager To
Execute Settlement Of An Automobile Physical Damage Claim In
The Amount Of $7,514.30 Made Against Texas Municipal League
Intergovernmental Risk Pool (TML) As A Result Of The Property
Damage To Police Vehicle #1864
(7) P.R. No. 18496 — A Resolution Authorizing The Execution Of A
Contract For Wastewater Laboratory Services For The Utility
Operations Department With KAP Technologies, Inc., Of The
Woodlands, Texas, In The Total Annual Not-To-Exceed Amount Of
$5,560.00. Funds Are Available In Utility Operations Account No.
410-1251-532.54-00
(8) P.R. No. 18497 — A Resolution Authorizing The City Manager To
Execute A One Year Agreement Between The City Of Port Arthur
And Imagenet Consulting, Of Houston, Texas, For Maintenance On
Laserfiche Software Application. In An Amount Not-To-Exceed
$13,352.00; Funding Available In MIS Account No. 001-1034-515-
54.00
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AGENDA
SEPTEMBER 2, 2014
VI. CONSENT AGENDA — CONTINUED
(9) P.R. No. 18499 — A Resolution Awarding A Contract To Clean Air
Remediation Environmental Service Of Mesquite, Texas, In The
Amount Of $15,125.00, And Authorizing The Execution Of A
Contract For The Demolition Of Six (6) Dangerous Residential
Properties (Group A), To Be Charged To Demolition Account No.
120-1429-582.59-05 (EDC)
(10) P.R. No. 18500 — A Resolution Awarding A Contract To Clean Air
Remediation Environmental Service Of Mesquite, Texas, In The
Amount Of $16,385.00, And Authorizing The Execution Of A
Contract For The Demolition Of Six (6) Dangerous Residential
Properties (Group B). To Be Charged To Demolition Account No.
120-1429-582.59-05 (EDC)
(11) P.R. No. 18502 — A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
(12) P.R. No. 18503 — A Resolution Authorizing The City Manager To
Execute Change Order No. 5 To The Contract Between The City Of
Port Arthur And MK Constructors, Of Vidor, Texas, For The Gulf
Storage Tank Project, Increasing The Contract Time By 19 Days.
Project No. I21GST, Utility Operations Account No. 144-1201-
532.85-00
(13) P.R. No. 18504 — A Resolution Authorizing The City Manager To
Execute Change Order No. 2 To The Contract Between The City Of
Port Arthur And ALLCO, L.L.C., Of Beaumont, Texas, For The
Highway 87 Water System Improvements For Keith Lake To Sabine
Pass Standpipe, Increasing The Contract Time By 4 Days. Project
No. WSI002, Utility Operations Account No. 429-1258-532.59-00
(14) P.R. No. 18505 — A Resolution Authorizing The City Manager To
Execute Change Order No. 4 Between The City Of Port Arthur And
ALLCO, L.L.C.; For The Waterline From 19th Street To The Sabine
Neches Canal, For A Time Extension Of Three (3) Days, Increasing
The Contract Time To 380 Days. Utility Operations Account No.
429-1258-532.59-00, Project No. WSI003
AGENDA
SEPTEMBER 2, 2014
VI. CONSENT AGENDA — CONTINUED
(15) P.R. No. 18506 — A Resolution Authorizing The Award Of Bid And
The Execution Of A Contract For The Water Storage Standpipe On
61St Street With BDS Constructors, DBA MK Constructors Of Vidor,
Texas, In The Amount Of $2,825,250.00. Utility Operations Project
No. I22SPW, 144-1201-532.59-00
(16) P.R. No. 18507 — A Resolution Authorizing The City Manager To
Execute A Contract Between The City Of Port Arthur And Arceneaux
Wilson & Cole Consulting Engineers, LLC, For Phase I And Phase II
Surface Water Treatment Plant Improvements, In An Amount Not-
To-Exceed $3,770,000.00, Utility Account No. 429-1258-532.54-00,
Project No. WSIO10
(17) P.R. No. 18508 — A Resolution Authorizing The City Manager To
Pay Quarterly Fees For Landfill Disposal To The Texas Commission
On Environmental Quality (TCEQ) For The Ensuing Fiscal Year 2014
— 2015 In A Not-To-Exceed Amount Of $300,000.00. Funding Is
Available In Public Works Account No. 403-1274-533.59-01
(18) P.R. No. 18509 — A Resolution Authorizing A Requested Time
Extension To The Contract Between The City Of Port Arthur And
L&L General Contractors Of Beaumont, Texas, For Tunnel
Demolition, Backfill, And Sidewalk Replacement Adjacent To The
501 Procter Street, Said Time Extension Being Until November 15,
2014
(19) P.R. No. 18511 — A Resolution Authorizing The City Manager To
Execute A Loan Agreement Between The City Of Port Arthur And
John Tyler, Jr., Homeowner, For Participation In The City Of Port
Arthur's Owner Occupied Housing Assistance Rehabilitation And
Reconstruction Program
(20) P.R. No. 18513 — A Resolution Authorizing The City Manager To
Execute A One-Year Agreement, With Two Additional One-Year
Renewal Options, For The Preventive Maintenance And Repair Of
Emergency Power Generators With Loftin Equipment Company Of
Houston, Texas, In An Amount Not-To-Exceed $60,032.00. Funding
From Various Department Accounts
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AGENDA
SEPTEMBER 2, 2014
VI. CONSENT AGENDA — CONTINUED
(21) P.R. No. 18515 — A Resolution Authorizing The Award Of Bid And
The Execution Of A Contract For The Repair Of 66" RCP Storm
Sewer On Shreveport Avenue Between Procter Street And 5th
Street, With BDS Constructors, LLC, DBA MK Contractors Of Vidor,
Texas, In The Amount Of $167,419.00. Public Works Project No.
GO-805, Account No. 301-1601-591.84-00
(22) P.R. No. 18524 — A Resolution Approving The FY 2014-2015
Contract Between The City Of Port Arthur And The Department Of
State Health Services, Immunization Branch-Locals In The Amount
$162,630.00
(23) P.R. No. 18525 — A Resolution Approving The FY 2014-2015
Contract Between The City Of Port Arthur And The Department Of
Stat Health Services For The Public Health Emergency
Preparedness Program In The Amount Of $99,079.00 With A Non-
Cash Match Of $9,908.00
(24) P.R. No. 18526 — A Resolution Approving The FY 2014-2015
Contract Between The City Of Port Arthur And The Department Of
State Health Services, RLSS-LOCAL Public Health System In The
Amount Of $167,517.00
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions
(1) P.R. No. 18478 — A Resolution Authorizing The City Manager To
Enter Into A Mutual Aid Agreement With Participating Members Of
The South East Texas Regional Planning Commission To Secure Aid
In The Event Of Emergencies
(2) P.R. No. 18490 — A Resolution Appointing And/Or Reappointing A
Member Or Members To The Pleasure Island Advisory Committee
(Requested By Councilmember Hamilton)
(3) P.R. No. 18492 — A Resolution Authorizing The City Manager And
Fire Chief To Transfer A Tandberg Satellite Trailer To The
Southeast Texas Regional Advisory Council
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AGENDA
SEPTEMBER 2, 2014
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
CONTINUED
(4) P.R. No. 18493 — A Resolution Appointing And/Or Reappointing A
Member Or Members To The Port Arthur Youth Advisory Council
(5) P.R. No. 18494 — A Resolution Appointing And/Or Reappointing A
Member Or Members To The Planning And Zoning Commission
(6) P.R. No. 18514 — A Resolution Supporting An Employee
Appreciation Day, In An Amount Not-To-Exceed $1,000.00;
Funding Available In City Manager Contingency Account No. 001-
1001-512.59-00 (Requested By Mayor Prince)
B. Ordinances
(1) P.O. No. 6396 — An Ordinance Authorizing The Retirement Of Police
Canine "Nitro", And Transferring Canine To The Personal Care Of
Officer Lakeisha Thomas
(2) P.O. No. 6398 — An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Changing The Zoning From Agricultural
(A) To Industrial (I) For A 20.56-Acre Tract Of Land Out Of The
WM. N. Sigler Survey, Abstract No. 48 And The T.&N.O.R.R. CO.
Survey, Section 3, Abstract No. 258, City Of Port Arthur, Jefferson
County, Texas (Violation Of This Ordinance Or The Zoning
Ordinance Of The City Of Port Arthur Is Punishable As Provided In
Chapter 1, Section 1-13 Of The Code Of Ordinances, As Amended,
By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And
Providing For Publication In The Official Newspaper Of The City Of
Port Arthur And Effective Immediately After Publication Date (Z14-
06 — Knauth Road Properties, LLC Agricultural (A) To Industrial (I)
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AGENDA
SEPTEMBER 2, 2014
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT -
CONTINUED
(3) P.O. No. 6399 — An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Changing The Zoning From Agricultural
(A) To Industrial (I) For A 14.28-Acre Tract Of Land Out Of The
WM. N. Sigler Survey, Abstract No. 48 And The T.&N.O.R.R.
Survey, Section 3, Abstract No. 258, City Of Port Arthur, Jefferson
County, Texas (Violation Of This Ordinance Or The Zoning
Ordinance Of The City Of Port Arthur Is Punishable As Provided In
Chapter 1, Section 1-13 Of The Code Of Ordinances, As Amended,
By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And
Providing For Publication In The Official Newspaper Of The City Of
Port Arthur And Effective Immediately After Publication Date (Z14-
07 — Knauth Road Properties, LLC Agricultural (A) To Industrial (I)
(4) P.O. No. 6400 — An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Changing The Zoning From Agricultural
(A) To Industrial (I) For A 16.64-Acre Tract Of Land Out Of The
WM. N. Sigler Survey, Abstract No. 48, Tract 58, City Of Port
Arthur, Jefferson County, Texas (Violation Of This Ordinance Or
The Zoning Ordinance Of The City Of Port Arthur Is Punishable As
Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, As
Amended, By A Fine Not Exceeding Two Thousand [$2,000.00]
Dollars); And Providing For Publication In The Official Newspaper
Of The City Of Port Arthur And Effective Immediately After
Publication Date (Z14-08 — Knauth Road Properties, LLC
Agricultural (A) To Industrial (I)
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AGENDA
SEPTEMBER 2, 2014
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT -
CONTINUED
(5) P.O. No. 6401 — An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Changing The Zoning From Agricultural
(A) To Industrial (I) For A 13.04-Acre Tract Of Land Out Of The
WM. N. Sigler Survey, Abstract No. 48 And The T.&N.O.R.R.
Survey, Section 3, Abstract No. 258, City Of Port Arthur, Jefferson
County, Texas (Violation Of This Ordinance Or The Zoning
Ordinance Of The City Of Port Arthur Is Punishable As Provided In
Chapter 1, Section 1-13 Of The Code Of Ordinances, As Amended,
By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And
Providing For Publication In The Official Newspaper Of The City Of
Port Arthur And Effective Immediately After Publication Date (Z14-
09 — Knauth Road Properties, LLC Agricultural (A) To Industrial (I)
(6) P.O. No. 6408 — An Ordinance Authorizing The Sale Of Surplus
Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy
Equipment By A Public Online Auction Through Rene Bates
Auctioneers, Inc.
(7) P.O. No. 6409 — An Ordinance Authorizing A Special Warranty Deed
For Conveyance Of Property To A Low And Moderate Income
Resident Of The City Who Is Participating In The Hurricane Ike
Round Two (2) Housing Reconstruction Program Through The
Texas Department Of Housing & Community Affairs (TDHCA)
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AGENDA
SEPTEMBER 2, 2014
VIII. *CLOSED MEETING (EXECUTIVE SESSION)
In Order To Comply With The Requirements Of Section 551.101 Of
Chapter 551 (Open Meetings Law) Of The Texas Government Code
[Formerly Article 6252-17, Section 2(A)], Prior To Going Into Closed
Meeting The Presiding Officer Of The City Should Make The Following
Public Announcement:
"A Closed Meeting Or Executive Session Will Now Be Held Pursuant To
The Following Sections Of Chapter 551 Texas Government Code":
Section 551.071 — Litigation And/Or Legal Advice
Section 551.072 — Land
Section 551.073 — Negotiated Contracts For Prospective Gifts To The City
Section 551.074 — Personnel
Section 551.076 — Security Personnel Or Devices
Section 551.087 — Deliberations Regarding Economic Development Incentives
Closed Meeting:
*The Items In Executive Session May Be Discussed And Acted Upon In
Open Session
(1) Section 551.071 Government Code — To Discuss With The City
Attorney Potential Litigation As It Pertains To Industrial District
Agreements
(2) Section 551.072 Government Code — To Discuss The Value Of The
Land in the City's Extraterritorial Jurisdiction (ETJ)
IX. BUDGET WORKSHOP
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AGENDA
SEPTEMBER 2, 2014
X. PLEASURE ISLAND WORKSHOP
(A) ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
Resolution
(1) P.R. No. 18518 — A Resolution Authorizing The City Manager To
Enter Into A Contract Between The City Of Port Arthur And APAC-
Texas Of Beaumont, Texas, For Pleasure Island Marina Paving, In
The Not-To-Exceed Amount Of $405,289.00. Funding Available In
Pleasure Island Account No. 450-1293-549.89-00 (Subject To
Budget Amendment)
XI. ADJOURNMENT OF MEETING
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NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect
To Recess The Meeting And Reconvene At 8:30AM On September 3, 2014.
During The Recess, No Action Will Be Taken On Any Item Of Remaining
Business And No Executive Sessions Will Be Held To Discuss Any Matters,
All In Accordance With The Open Meetings Law
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RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS
1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the
Presiding Officer.
2. Speaking Procedure; Limitation on discussion and questioning. Each person addressing the Council shall step
up to the microphone provided for the use of the public and give his name and address in an audible tone of
voice for the records, state that subject he wishes to discuss,state whom he is representing if he represents an
organization or other person, and unless further time is granted by majority vote of the Council, shall limit his
remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member
thereof. No person other than members of the Council and the person having the floor shall be permitted to
enter into any discussion, whether directly or through a member of the Council, without the permission of the
Presiding Officer.
3. Improper References, Disorderly Conduct By Person Addressing The Council, Any person making, expressly or
impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who
willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would
impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct
continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the
Council during that Meeting.
4. Addresses After Motion Made or Public Hearing Closed. After a motion has been made or a public hearing has
been closed, no member of the public shall address the Council from the audience on the matter under
consideration without first securing permission to do so by majority vote of the City Council.
5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign
speeches for or against any candidate who has announced or does announce his intention to run, or issue
already ordered on a ballot for election.
6. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping,
stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct
disturbs the peace and good order of the meeting.
7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and
motion picture cameras to create the least amount of interference with or disturbance of Council proceedings
and/or discomfort to the public.
8. Persons Having Complaints, Allegations, or Charges Against Individual City Employees. No person shall make
any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting
unless he first shows that he has pursued appropriate administrative channels.
ENFORCEMENT OF DECORUM
Warning.All persons shall at the request of the Presiding Officer, be silent.
Removal.If,after receiving a warning from the Presiding Officer,a person persists in disturbing the meeting, such
Officer may order him to remove himself from the meeting. If he does not remove himself,the Presiding Officer may
order the Sergeant-at-arms to remove him.
Resisting Removal,Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A,
Penal Code 42.05.
Motions To Enforce.Any Councilmember may move to require the Presiding Officer to enforce this division,and the
affirmative vote of a majority of the Council shall require him to do so.
RULES OF PROCEDURE
The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all
business to be discussed at a meeting of the City Council.
Persons Requesting To Be Heard On Agenda Items(1) Residents. Any resident who wishes to address the Council on
any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2)
Nonresidents. Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in
the matter being considered. The City Secretary shall present such request to the Presiding Officer for approval before
placing the name on the Agenda.
Specific Agenda Items. After a motion, second and discussion by the City Council on any specific agenda item, and
before a vote is taken, the Presiding Officer shall recognize any citizen in the audience wishing to address the council
on such item,who shall be permitted to address the Council thereon for a period of three(3) minutes. "Specific Agenda
Items"are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law
and which becomes the subject of a motion before the Council.