HomeMy WebLinkAboutMAY 12, 2015 REGULAR AGENDA DELORIS"BOBBIE" PRINCE,MAYOR Energy � BRIAN McDOUGAL
DERRICK FREEMAN,MAYOR PRO TEM City of or, CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
TIFFANY L.HAMILTON O r t r t h u r
MORRIS ALBRIGHT Texas
VAL TREND
STEPHEN A.MOSELY CITY ATTORNEY
WILLIE"BAE" LEWIS,JR.
ROBERT E.WILLIAMSON
KAPRINA RICHARDSON FRANK
AG E N DA
City Council
Regular Meeting
May 12, 2015
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
May 12, 2015
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
City Manager McDougal
City Secretary Bellard, TRMC
City Attorney Tizeno
Sergeant At Arms:
Police Chief Blanton Or Designee
II. APPROVAL OF AGENDA
III. PROCLAMATIONS& MINUTES
Proclamations
Minutes — None
IV. PETITIONS&COMMUNICATIONS
A. Speakers — None
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AGENDA
MAY 12, 2015
IV. PETITIONS&COMMUNICATIONS— CONTINUED
B. Presentations
(1) Presentation By BASF/Total Petrochemicals (BTP) Regarding
The PAR-BB Industrial Expansion Project
(2) Presentation By Pure System International Regarding A
Possible Tax Abatement
(3) A Presentation By Total Petrochemicals & Refining USA, Inc.
And Total PAR, LLC Regarding The Side Cracker Ethylene
Project
C. Employee Recognition — None
D. Correspondence — None
V. PUBLIC HEARINGS— None
VI. UNFINISHED BUSINESS
The Following Items Of Business Were Held From The Previous Meeting At
Which No Action Was Taken On These Items:
(1) P.R. No. 18975 — A Resolution Amending Resolution No. 14-112 As
It Pertains To A Uniform Tax Abatement Policy For The Term March
9, 2014 Through March 9, 2016 Pursuant To Chapter 312 Of The
Texas Property Code
VII. 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Withdrawn For Individual Consideration In Its Normal Sequence After The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.
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AGENDA
MAY 12, 2015
VII. CONSENT AGENDA- CONTINUED
A. Resolutions — Consent
(1) P.R. No. 18911 — A Resolution Authorizing Revisions To The City's
Owner Occupied Housing Assistance Rehabilitation And
Reconstruction Program Guidelines
(2) P.R. No. 18950 — A Resolution Authorizing The City Manager To
Execute An Indirect Sales Contract With Itron, Inc., For The
Provision Of Third Parry Software To Perform Meter Reading,
Endpoint Maintenance, And Data Reporting In An Amount Not To
Exceed $36,008.40 Annually, Account No. 410-1251-532.59-00
(Funds Will Be Allocated For This Expenditure In The FY2015/2016
Budget)
(3) P.R. No. 18976 — A Resolution Authorizing The City Manager To
Execute Change Order No. 3 To The Contract Between The City Of
Port Arthur And Excavators & Constructors, Ltd., Of Port Arthur,
Texas, And GLO, For The Construction Of Street Paving And
Drainage Improvements Along 5th Street, Increasing The Time Of
The Contract By Eleven (11) Calendar Days, To A New Term Of 270
Calendar Days, At No Additional Cost
(4) P.R. No. 18977 — A Resolution Approving The 2015 City Streets
Program In The City Of Port Arthur, With Funding Available In The
Public Works Department Streets Program Account No. 001-1203-
531-86.00
(5) P.R. No. 18979 — A Resolution Authorizing The Fire Chief And
Police Chief To Apply For The 2015 Port Security Grant
(6) P.R. No. 18980 — A Resolution Authorizing The City Manager To
Enter Into An Amended Interlocal Agreement Regarding The
South East Texas Regional Radio System
AGENDA
MAY 12, 2015
VII. CONSENT AGENDA- CONTINUED
(7) P.R. No. 18981 — A Resolution Designating The Building Formerly
Known As The First National Bank Building, Located At 501 Procter
Street, Port Arthur, Jefferson County, Texas, As A Local Historical
Landmark. Port Arthur Historical Landmark Commission Case No.
H15-01
(8) P.R. No. 18982 — A Resolution Authorizing The City Manager To
Execute The Third Amendment To The Water Service Agreement
Between Sabine Pass Liquefaction, LLC And The City Of Port
Arthur
(9) P.R. No. 18983 — A Resolution Authorizing The Second Year (First
Renewal) Of The Agreement With Crabtree Barricade Systems, Inc.
Of Beaumont, Texas, For The Annual Striping Of City Streets, In An
Annual Not To Exceed Amount Of $50,000.00 Contingent On
Funding Being Available In Public Works/Other Contractual Services
Account No. 001-1205-531.59-00
(10) P.R. No. 18984 — A Resolution Authorizing Re-Certification Of
Tender Loving Care Center For Children D/B/A Legacy Community
Development Corporation As A Community Housing Development
Organization (CHDO) And Authorizing The City Manager To Execute
A Contract With Tender Loving Care Center For Children D/B/A
Legacy Community Development Corporation For Site Clearance,
Development, New Construction And Sale Of Three (3) Homes. The
Total Amount Provided For Said Activities Is $300,000.00, Provided
By The Federal Home Program, Account Number 108-2141-626.59-
00, Project Numbers, HE1301, HE1401, HE1501 And Home
Program Income Funds
(11) P.R. No. 18988 — A Resolution Authorizing The City Manager To
Execute Change Order No. 9 To The Contract Between The City Of
Port Arthur And ALLCO, L.L.C., Of Beaumont, Texas, For The
Highway 87 Water System Improvements From Keith Lake To
Sabine Pass Standpipe, For Time Extension Of 13 Days, Due To
Weather Delays, To A New Contract Completion Date Of May 26,
2015
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AGENDA
MAY 12, 2015
VII. CONSENT AGENDA— CONTINUED
(12) P.R. No. 18990 — A Resolution Authorizing The City Manager To
Execute Settlement Of The Property Damage Claim In The Amount
Of $18,161.11 Made Against Johnie Dixon And Praetorian
Insurance Company, As A Result Of Property Damage To City Trash
Truck Vehicle #1760
(13) P.R. No. 18991 — A Resolution Calling For A Public Hearing To
Consider A Zoning Change From Light Commercial To Planned
Development District — 33 For 1.800 Acres Of Land Consisting Of
All Of Lots 2 — 6, Block 5 And Lots 1 — 5, Block 6, Gorman Place
(A.K.A. 2601 21st Street), City Of Port Arthur, Jefferson County,
Texas
(14) P.R. No. 18992 — A Resolution Calling For A Public Hearing To
Consider A Zoning Change From Two Family To Light Commercial
For Approximately 0.1584 Acre Of Land Consisting Of All Of Lot 4,
Block 307 (A.K.A. 2100 Bluebonnet Avenue / 2101 14th Street), City
Of Port Arthur, Jefferson County, Texas
(15) P.R. No. 18993 — A Resolution Authorizing The Advertisement Of A
Request For Qualifications (RFQ) For Forensic Accounting Services
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions
(1) P. R. No. 18985 — A Resolution Authorizing The City Manager To
Execute An Industrial District Agreement With Total Petrochemicals
& Refining USA, Inc. And Total Par, LLC, Exclusively For The
Expansion Of Its Existing Facility For The Construction Of A New
Side-Cracker (Ethylene) Project
(2) P.R. No. 18986 — A Resolution Authorizing The City Manager To
Execute An Industrial District Agreement With BASF Total
Petrochemicals LLC, Total Petrochemicals & Refining USA, Inc., And
BASF Corporation ("BTP") Exclusively For The Expansion Of Its
Existing Facility For The Construction Of A New Project
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AGENDA
MAY 12, 2015
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
B. Ordinances
(1) P. 0. No. 6453 — An Ordinance Authorizing The Issuance Of City
Of Port Arthur, Texas, Combination Tax & Revenue Certificates Of
Obligation, Series 2015B
(2) P. 0. No. 6454 — An Ordinance Authorizing The Issuance Of City
Of Port Arthur, Texas, Combination Tax & Revenue Certificates Of
Obligation, Series 2015A
IX. *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:
(1) Section 551.072 Government Code — To Discuss The Value Of The
Land In The City's Extraterritorial Jurisdiction (ETJ) (Total
Petrochemicals & Refining USA, Inc. and TOTAL PAR, LLC)
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AGENDA
MAY 12, 2015
DC *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED
(2) Section 551.072 Government Code — To Discuss The Value Of The
Land In The City's Extraterritorial Jurisdiction (ETJ) (BTP)
(3) Section 551.087 Government Code — To Discuss Proposed EDC
Incentive/Loan Agreement with Pure System International, Ltd.
(4) Section 551.074 Government Code — Evaluation Of The Municipal
Court Judge
(5) Section 551.074 Government Code — Evaluation Of The City
Attorney
(6) Section 551.074 Government Code — Evaluation Of The City
Secretary
X. WORKSHOP
Freese And Nichols, Inc. And Catalyst Commercial Will Discuss The
Downtown Revitalization Plan Recommendations And Market Analysis For
The City Of Port Arthur
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 May 13, 2015.
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 Councit,, 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.