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Home My WebLink AboutMAY 7, 2002OSCAR G. ORT~Z, MAYOR FELIX A. BARKER, MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH THOMAS J. HENDERSON TOM GILl_AM, III REV, RONNIE LINDEN BOB BOWERS ROSE MITCHELL CNAISSON ROBERT E. ALLEN City of Texas STEPHEN FITZGIBBONS CITY MANAGER JAN STRODER ACTING CITY SECRETARY MARK T. SOKOLOW CITY A~ORNEY AGENDA City Council Special Meeting May 7, 2002 10:00 A.M. RO. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291 SPECIAL CITY COUNCIL MEETING City Hall Council Chamber City Of Port Arthur May 7, 2002 ~O:OOAH II. ROLL CALL, t'NVOCATt'ON & PLEDGE Mayor Ortiz Mayor Pro Tem Barker Councilmember Hannah Councilmember Councilmember Councilmember Councilmember Councilmember Henderson Gillam III Linden Bowers Chaisson Councilmember Allen City Manager Fitzgibbons Acting City Secretary Stroder City Attorney Sokolow ITEIqS RE(~UIRING tNDtVIDUAL ACTION A. Ordinance P. O. No. 5256 - An Ordinance Canvassing The Returns And Declaring Results Of A General Election Held In The City Of Port Arthur On Saturday, The 4~h Day Of May, A.D., 2002; A General Election For The Purpose Of Electing Councilmembers From District 1, 3 And 4 And Position 8. B. Resolutions (1) P. R. No. 11743 - A Resolution Documenting That Pursuant To The Amendment Of Section 9 Of Article II Of The City Charter Approved At The May 2, 1992 City Election In The City Of Port Arthur, Texas The District 3 Councilmember Shall Serve As Mayor Pro Tern Until The Next Regular Election Of Councilmembers. (2) P. R. No. 11767 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lots 1, 2 & 3, Block 2, Schmyser 3, That Is Adjacent To West 7th Street And To Execute The Necessary Closing Documents (Account No. 301-:~601-591.81-00; ClIP 909). AGENDA NON-CONSENT MAY 7, 2002 . II. ITEMS REQUIRING INDIVIDUAL ACTION (CONTZNUED) (3) P. R. No. 11773 - A Resolution Authorizing The Mayor And City Manager To Execute Change Orders 1, 2, 3 And 4 To The Contract Dated November 27, 2001 Between The City Of Port Arthur And SeTEX Construction Corporation Of Beaumont, Texas For The Rehabilitation Of The City-Owned Building At 441 Austin Avenue For The Proposed Port Arthur Health Clinic Facility. Funding Being Available In FY 2002 Account No. 301-160!~591.$9-00, CIP No. 170 And Other City Accounts. III. ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED COUNCILMEMBERS IV. *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 - Litigatiot~ 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 2 AGENDA NON-CONSENT MAY 7, 2002 . ~V. ~CLOSED MEETING (EXECUTIVE SESSION - CONTINUED) Closed Meetino: Section 551.072 Government Code - To Discuss The Value Of Tracts Adjacent To West 7t~ Street And In The West End. ·The l~tems In Executive Session May Be Discussed And Acted On in Open Session V. AD~OURNf4ENT OF f4EETING A RECEPTION WILL BE HELD IN THE FIFTH FLOOR LOBBY If4f4EDIATELY FOLLOWING THIS f4EETING RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS RECOGNITION BY PRESIDING OFFICER. NO PERSON SHALL ADDRESS THE COUNCil WITHOUT FIRST BEING RECOGNIZED BY THE PRESIDING OFFICER. 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 L~MIT HIS REMARKS tO F~VE (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 MEMBERS OF THE COUNCIL, WITHOUT' THE PERMISSION OF THE PRESIDING OFFICER. IMPROPER REFERENCES, DISORDERLY CONDUCT BY PERSON ADDRESSING THE COUNCIL: ANY PERSON MAKING, EXPRESSLY OR IMPIEDLY, 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. 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. 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. DISORDERLY CONDUCT. NO PERSON IN THE AUDIENCE SHALL ENGAGE IN DISORE)ERLY 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. 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. 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 SHOW THAT He HAS PURSUED APPROPRIATE ADMINISTRATIVE CHANNEL. RULES OF PROCEDURE THE CITY SECRETARY SHALL MAKE PUBLIC, in ACCORDANCE WITH THE TEXAS OPEN MEETINGS LAW, AND AGENDA CONTAINING ALL BUSINESS TO BE DISCUSSED At a MEETING OF THE CITY COUNCIL. PERSONS REQUESTING TO BE HEARD ON AGENDA ITEM.S (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 PERSON 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.