INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem 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
*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) ( Premcor Refining Group, Inc.Nalero) 2) Section 551. 071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements Premcor Refining Group, Inc./Valero)
ITEMS REQUIRING INDIVIDUAL ACTION P. R. No. 18769 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And The Premcor Refining Group, Inc.
P. O. No. 6432 — An Ordinance Repealing Ordinance No. 14- 50 Annexing Certain Territory To The City, Including Land Owned By Premcor Refining Group, Inc. ( D/ B/ A Valero Port Arthur Refinery)
V. PETITIONS & COMMUNICATIONS A. Speakers - None B. Presentations 1) Grants Program Administrator, Mary Essex, Regarding CDBG Applicants C. Employee Recognition — None D. Correspondence — None VI. PUBLIC HEARINGS — None VII. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: None
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 Reports: 1) Councilmember Robert Williamson: Attended National League Of Cities Annual Conference November 19- 23, 2014 Austin, TX 2, 258.92 2) Interim City Manager John A. Comeaux: Attended Ergo Conference December 2- 5, 2014 Las Vegas, NV 1, 626. 38 A. Resolutions — Consent 1) P. R. No. 18677 — A Resolution Authorizing The Execution Of A r Homebuyer' s Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1947 Stn Street, Port Arthur, Texas, Through The City' s Homebuyer's Assistance Program 2) P. R. No. 18721 — A Resolution Authorizing The City Manager To Enter Into A Contract With A To Z Tire & Battery, Inc., Of Amarillo, Texas, For The Purchase Of B305/ 70R22. 5 Tires For The Transit Department, In An Amount Not To Exceed $ 100, 000.00. Funding Is Available In Transit Maintenance Account No. 401- 1502- 561. 43- 00 3) P. R. No. 18766 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract With Labiche Architectural Group, Inc., Of Beaumont, Texas, For The Design Of A Park For The PAEDC Spur 93 Business Park, In An Amount Not To Exceed $ 3, 000.00. EDC Account No. 120- 1429- 582. 59- 02 4) P. R. No. 18768 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Second And Final Year Renewal Of The Contract For Landscaping And Irrigation Maintenance At The Spur 93 Business Park With Affordable Lawn & Tractor Service Of Port Arthur, Texas, In An Amount Not To Exceed $ 28, 500.00. EDC Account No. 120- 1429- 582.59- 02 5) P. R. No. 18774 — A Resolution Authorizing Acceptance Of The Engineer' s Certificate Of Completion, Contractor' s Certificate And Release, And Contractor's Certificate Of Guarantee For The Tunnel Demolition, Back Fill, And Sidewalk Replacement Adjacent To 501 Procter Street And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And To Make Final Payment To The Contractor In The Total Amount Of $2, 250. 00. EDC Account No. 120- 1429- 582. 59- 05 6) P. R. No. 18776 — A Resolution Approving The Demolition And Clearance Of Fifty- Five ( 55) Dilapidated Residential Properties That Were Damaged As A Result Of Hurricane Ike, And Declaring Them Slum & Blight. The Texas General Land Office ( GLO) Will Allocate Funding For The Activities 7) P. R. No. 18777 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts 8) P. R. No. 18778 — A Resolution As It Pertains To Requesting Bills To Be Adopted By The Texas Legislature 9) P. R. No. 18782 — A Resolution Authorizing The City Manager To Execute Change Order No. 6 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, In An Amount Not To Exceed $ 79, 675. 00, Increasing The Contract Amount to $ 3, 597, 522. 89 and Contract Time By 11 Days, To A New Contract Time Of 305 Days. Project No. WSI002, Account No. 429- 1258- 532. 59- 00 10) P. R. No. 18783 — A Resolution Authorizing The City Manager To Execute Change Order No. 8, Between The City Of Port Arthur And Allco, L. L. C., For The 24" Waterline From 19th Street To The Sabine Neches Canal, In An Amount Not To Exceed $ 53, 614.40, Increasing The Contract Amount To $ 3, 446, 001. 40, And A Time Extension Of Four ( 4) Days, Increasing The Contract Time To 399 Days. Utility Operations Account No. 429- 1258- 532. 59- 00, Project No. WSI003 11) P. R. No. 18784 — A Resolution Authorizing An Amendment To Resolution No. 14- 500 For Emergency Expensiture For Removal Of Vegetation Form The Montrose Retention Pond From Mcllivain Enterprises, Inc., Of Winnie, Texas, Increasing The Payment By 16, 205. 00 To A New Total Of $ 70, 490. 00. Funding Are Available In Public Work' s Capital Improvement Account No. 301- 1601- 591. 84- 00, Project No. GO- 805 12) P. R. No. 18786 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Mitchell Fontenote, CPA, For The Provision Of Accounting Services For The Finance Department In An Amount Not To Exceed $ 35, 000.00, And Increasing The Blanket Purchase Order For The Existing Contract By $ 10, 000.00. Funding Available In Finance Account No. 001- 1032- 515. 54- 00 13) P. R. No. 18789 — A Resolution Authorizing The City Manager To Enter Into An Agreement With The Labiche Architectural Group, Inc., For The Provision Of Boardwalk Park Assessment And Maintenance Plan, In A Not-To- Exceed Amount Of $ 3, 000. 00. Funding Available In Department Of Parks And Recreation Account No. 001- 1207- 531. 54- 00 14) P. R. No. 18792 — A Resolution Authorizing The City Manager To Enter Into A Purchase Agreement With Motorola Solutions, Inc., Of o Farmers Branch, Texas, With Houston- Galveston Area Council ( HGAC) Pricing, For Radio System Tower And Upgrades, In The Not- To- Exceed Amount Of $ 1, 509, 000.00. Funds Are Available In Account Number No. 107- 1118- 521. 92- 00, Project No. PS0021
P. R. No. 18762 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Sabine Neches Waterway Direct Pipe Project With Strike, L. L. C., Of The Woodlands, Texas, Not To Exceed $ 16, 414, 828. 00, Account No. 429- 1258- 532. 59- 00, Project No. WS1004
P. R. No. 18765 — A Resolution Approving A Community Pre- Employment Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Team Fabricators, LLC, In An Amount Not To Exceed $ 156, 000. 00 For Training Of Twenty- Four ( 24) Port Arthur Residents
P. R. No. 18787 — A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding With Lamar State College Port Arthur
Ordinances P. O. No. 6416 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $ 6, 589. 00 Made Against Texas Municipal League Intergovernmental Risk Pool ( TML) As A Result Of The Property Damage To Police Vehicle # 1704
P. O. No. 6430 — An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Claim In The Amount Of $ 58, 666. 00 Made Against Texas Muricipal League Intergovernmental Risk Pool ( TML) As A Result Of The Property Damage To The City Landfill Compactor # 1615
IX. B3. P. O. No. 6431 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $ 4, 843. 00 Made Against Texas Municipal League Intergovernmental Risk Pool ( TML) As A Result Of The Property Damage To Police Vehicle # 1762 XI. ADJOURNMENT OF MEETING
Dec 23, 2014 City Council
INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem 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
*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) ( Premcor Refining Group, Inc.Nalero) 2) Section 551. 071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements Premcor Refining Group, Inc./Valero)
ITEMS REQUIRING INDIVIDUAL ACTION P. R. No. 18769 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And The Premcor Refining Group, Inc.
P. O. No. 6432 — An Ordinance Repealing Ordinance No. 14- 50 Annexing Certain Territory To The City, Including Land Owned By Premcor Refining Group, Inc. ( D/ B/ A Valero Port Arthur Refinery)
V. PETITIONS & COMMUNICATIONS A. Speakers - None B. Presentations 1) Grants Program Administrator, Mary Essex, Regarding CDBG Applicants C. Employee Recognition — None D. Correspondence — None VI. PUBLIC HEARINGS — None VII. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: None
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 Reports: 1) Councilmember Robert Williamson: Attended National League Of Cities Annual Conference November 19- 23, 2014 Austin, TX 2, 258.92 2) Interim City Manager John A. Comeaux: Attended Ergo Conference December 2- 5, 2014 Las Vegas, NV 1, 626. 38 A. Resolutions — Consent 1) P. R. No. 18677 — A Resolution Authorizing The Execution Of A r Homebuyer' s Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1947 Stn Street, Port Arthur, Texas, Through The City' s Homebuyer's Assistance Program 2) P. R. No. 18721 — A Resolution Authorizing The City Manager To Enter Into A Contract With A To Z Tire & Battery, Inc., Of Amarillo, Texas, For The Purchase Of B305/ 70R22. 5 Tires For The Transit Department, In An Amount Not To Exceed $ 100, 000.00. Funding Is Available In Transit Maintenance Account No. 401- 1502- 561. 43- 00 3) P. R. No. 18766 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract With Labiche Architectural Group, Inc., Of Beaumont, Texas, For The Design Of A Park For The PAEDC Spur 93 Business Park, In An Amount Not To Exceed $ 3, 000.00. EDC Account No. 120- 1429- 582. 59- 02 4) P. R. No. 18768 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Second And Final Year Renewal Of The Contract For Landscaping And Irrigation Maintenance At The Spur 93 Business Park With Affordable Lawn & Tractor Service Of Port Arthur, Texas, In An Amount Not To Exceed $ 28, 500.00. EDC Account No. 120- 1429- 582.59- 02 5) P. R. No. 18774 — A Resolution Authorizing Acceptance Of The Engineer' s Certificate Of Completion, Contractor' s Certificate And Release, And Contractor's Certificate Of Guarantee For The Tunnel Demolition, Back Fill, And Sidewalk Replacement Adjacent To 501 Procter Street And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And To Make Final Payment To The Contractor In The Total Amount Of $2, 250. 00. EDC Account No. 120- 1429- 582. 59- 05 6) P. R. No. 18776 — A Resolution Approving The Demolition And Clearance Of Fifty- Five ( 55) Dilapidated Residential Properties That Were Damaged As A Result Of Hurricane Ike, And Declaring Them Slum & Blight. The Texas General Land Office ( GLO) Will Allocate Funding For The Activities 7) P. R. No. 18777 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts 8) P. R. No. 18778 — A Resolution As It Pertains To Requesting Bills To Be Adopted By The Texas Legislature 9) P. R. No. 18782 — A Resolution Authorizing The City Manager To Execute Change Order No. 6 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, In An Amount Not To Exceed $ 79, 675. 00, Increasing The Contract Amount to $ 3, 597, 522. 89 and Contract Time By 11 Days, To A New Contract Time Of 305 Days. Project No. WSI002, Account No. 429- 1258- 532. 59- 00 10) P. R. No. 18783 — A Resolution Authorizing The City Manager To Execute Change Order No. 8, Between The City Of Port Arthur And Allco, L. L. C., For The 24" Waterline From 19th Street To The Sabine Neches Canal, In An Amount Not To Exceed $ 53, 614.40, Increasing The Contract Amount To $ 3, 446, 001. 40, And A Time Extension Of Four ( 4) Days, Increasing The Contract Time To 399 Days. Utility Operations Account No. 429- 1258- 532. 59- 00, Project No. WSI003 11) P. R. No. 18784 — A Resolution Authorizing An Amendment To Resolution No. 14- 500 For Emergency Expensiture For Removal Of Vegetation Form The Montrose Retention Pond From Mcllivain Enterprises, Inc., Of Winnie, Texas, Increasing The Payment By 16, 205. 00 To A New Total Of $ 70, 490. 00. Funding Are Available In Public Work' s Capital Improvement Account No. 301- 1601- 591. 84- 00, Project No. GO- 805 12) P. R. No. 18786 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Mitchell Fontenote, CPA, For The Provision Of Accounting Services For The Finance Department In An Amount Not To Exceed $ 35, 000.00, And Increasing The Blanket Purchase Order For The Existing Contract By $ 10, 000.00. Funding Available In Finance Account No. 001- 1032- 515. 54- 00 13) P. R. No. 18789 — A Resolution Authorizing The City Manager To Enter Into An Agreement With The Labiche Architectural Group, Inc., For The Provision Of Boardwalk Park Assessment And Maintenance Plan, In A Not-To- Exceed Amount Of $ 3, 000. 00. Funding Available In Department Of Parks And Recreation Account No. 001- 1207- 531. 54- 00 14) P. R. No. 18792 — A Resolution Authorizing The City Manager To Enter Into A Purchase Agreement With Motorola Solutions, Inc., Of o Farmers Branch, Texas, With Houston- Galveston Area Council ( HGAC) Pricing, For Radio System Tower And Upgrades, In The Not- To- Exceed Amount Of $ 1, 509, 000.00. Funds Are Available In Account Number No. 107- 1118- 521. 92- 00, Project No. PS0021
P. R. No. 18762 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Sabine Neches Waterway Direct Pipe Project With Strike, L. L. C., Of The Woodlands, Texas, Not To Exceed $ 16, 414, 828. 00, Account No. 429- 1258- 532. 59- 00, Project No. WS1004
P. R. No. 18765 — A Resolution Approving A Community Pre- Employment Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Team Fabricators, LLC, In An Amount Not To Exceed $ 156, 000. 00 For Training Of Twenty- Four ( 24) Port Arthur Residents
P. R. No. 18787 — A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding With Lamar State College Port Arthur
Ordinances P. O. No. 6416 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $ 6, 589. 00 Made Against Texas Municipal League Intergovernmental Risk Pool ( TML) As A Result Of The Property Damage To Police Vehicle # 1704
P. O. No. 6430 — An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Claim In The Amount Of $ 58, 666. 00 Made Against Texas Muricipal League Intergovernmental Risk Pool ( TML) As A Result Of The Property Damage To The City Landfill Compactor # 1615
IX. B3. P. O. No. 6431 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $ 4, 843. 00 Made Against Texas Municipal League Intergovernmental Risk Pool ( TML) As A Result Of The Property Damage To Police Vehicle # 1762 XI. ADJOURNMENT OF MEETING