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
III. PETITIONS & COMMUNICATIONS A. Speakers - None B. Presentations 1) Presentation By Emerald Biofuels, LLC Regarding A Potential Industrial District Agreement/ Incentive C. Employee Recognition — None D. Correspondence Letter From Kirk Vital IV. PUBLIC HEARINGS - None V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: None
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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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) Judge Kermit Morrison: Attended TMCEC Annual Regional Judges Seminar Galveston, TX, February 16- 18, 2015 357. 56 B. Resolutions — Consent 1) P. R. No. 18807 — A Resolution Authorizing The City Manager To Enter Into A Contract With Houck Transit Advertising, Of Saint Paul, Minnesota, For Marketing, Accounting And Client Services To Pursue Program Income From Advertising Revenues For Port Arthur Transit ( PAT) 2) P. R. No. 18878 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Commercial Leasing And Property Management Services Contract With Hayes Real Estate For The Property At 501 Procter Street In Port Arthur, Texas 3) P. R. No. 18891 - A Resolution Authorizing The Utility Operations Division To Fulfill All Legal Requirements For The Abandonment Of The 300' Portion Of The 6" Cast Iron Waterline Located At 548 West 5th Street 4) P. R. No. 18913 - A Resolution Authorizing The City Manager And Fire Chief To Transfer Air Monitoring Equipment To Hardin County And Jefferson County 5) P. R. No. 18925 — A Resolution Authorizing The City Manager To Enter Into A Contract With Mansfield Oil Company Of Gainesville, Inc., Of Gainesville, Georgia, For The Purchase Of Ultra Low Sulfur Diesel Fuel, In An Amount Not To Exceed $ 350, 000.00. Funding Is Available In Transit Account No.( s): 401- 1501- 561. 24- 00 And 401- 1506- 561. 24- 00 6) P. R. No. 18929 — A Resolution Creating An ADA Paratransit Eligibility Board For Appeals Within Sixty ( 60) Days Of Denial Of Riders' Eligibility, In Compliance With The United States Department Of Transportation 7) P. R. No. 18931 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts 8) P. R. No. 18934 — A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage In An Amount Not To Exceed 332, 030. 00 Per Annum. Proposed Funding By General Liability Insurance Fund 612- 1702- 581. 52- 00 9) P. R. No. 18935 — A Resolution Authorizing The City Manager To Execute Settlement Of A Property Damage Claim In The Amount Of 5, 415. 00, Made Against Devin Marmon And Allstate Insurance Company, As A Result Of Property Damage To The Fire Station # 5 Garage Door ( 6099 Lewis Drive) 10) P. R. No. 18936 — A Resolution Authorizing The City Manager To Execute Settlement Of The Property Damage Claim In The Amount Of $ 5, 694. 75, Made Against Strike, LLC, As A Result Of Property Damage To A Water Line ( 3401- 3801 Redbud Avenue) 11) P. R. No. 18939 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Renew The Contract For Landscaping And Irrigation Maintenance At The Highway 73 Business Park With Affordable Lawn & Tractor Service Of Port Arthur, Texas, In An Amount Not To Exceed $ 10, 000. 00. EDC Account No. 120- 1429- 582- 59- 02 12) P. R. No. 18940 - A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Purchase Of Meter Boxes And Lids For The Utility Operations Department With ACT Pipe & Supply, Of Beaumont, Texas, In An Annual Not-To- Exceed Amount Of $228, 792.25. Funds Are Available In Account No( s). 414- 1621- 532. 85- 00 & 410- 1253- 532. 35- 00 13) P. R. No. 18944 — A Resolution Authorizing The City Manager To Execute Change Order No. 8 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, To Modify The Existing Chain Link Fence Around Sabine Pass Standpipe, Increasing The Contract By 10, 880. 00, To A New Contract Amount Of $3, 608, 402. 89, And For A Time Extension Of Seventeen ( 17) Days, Due To Weather Delays In The Month Of March, For A New Date Of Completion, May 13, 2015. Funding Available In City Account No. 429- 1258- 532. 59- 00, Project No. WSI002 14) P. R. No. 18945 - A Resolution Approving The Extension Of An Operation Downtown Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The Port Arthur Rotary Club To Construct A Monument Displaying The American And Numerous Foreign Flags At The Seawall 15) P. R. No. 18946 - A Resolution Approving A Grant To Annie Mae Stephenson For The Operation Of A Diner, Cost Will Be Attributed To The Exterior Renovation And Electrical Improvements To The Property Located At 520 Houston Avenue Under The Operation Downtown Site Improvement Grant Program 16) P. R. No. 18947 — A Resolution Authorizing The City Of Prot Arthur Section 4A Economic Development Corporation To Award A Bid And Enter Into A Contract With ALLCO, Inc., For Site Grading And Removal Of Dirt In The Spur 93 Business Park In An Amount Not To Exceed $ 291, 615. 60 17) P. R. No. 18948 - A Resolution Of The City Of Port Arthur, Texas, In Opposition To A Revenue Cap And Legislative Interference With Local Services ( Requested By Mayor Prince) 18) P. R. No. 18949 - A Resolution Of The City Council Of The City Of Port Arthur, Texas, Opposing Senate Bill 343 And Any Other Legislation Which Would Erode The Authority Of A Home Rule Municipality; Finding Compliance With The Open Meetings Law; And Providing An Effective Date Hereof ( Requested By Mayor Prince) 19) P. R. No. 18951 - A Resolution Authorizing The City Manager To Execute A Time And Materials Contract Between The City Of Port Arthur And ALLCO, Inc., Of Beaumont, Texas, For The Emergency Levee Repairs At DeQueen Boulevard And Lakeshore Drive, In The Amount Not To Exceed $ 475, 000. 00 Plus Contingency. Funds Are Available In Sewer Reconstruction Account No. 428- 1625- 532. 83- 00, Project No. 428000 And Drainage Capital Improvement Account No. 301- 1601- 591. 84-00, Project No. GO- 805 20) P. R. No. 18952 - A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And APAC-Texas, Inc., Of Beaumont, Texas, And GLO, For The 10th Street Paving Improvements, Increasing The Time Of The Contract By 11 Calendar Days Due To Weather Delays, To A New Term Of 202 Calendar Days, At No Additional Cost 21) P. R. No. 18953 - A Resolution Authorizing The City Manager And The City's Health Director To Execute Memorandums Of Understanding Between The City Of Port Arthur And The City Of Port Neches, Texas, Queen Of Vietnam Church, BASF Total Petrochemical, And Port Neches Independent School District To Support Mass Measures Designed To Preserve Health And Prevent The Spread Of Disease During A Public Health Emergency 22) P. R. No. 18957 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 ( Increasing The Time By 11 Days) And Change Order No. 3 ( Increasing The Time By 21 Days) To The Contract Between The City Of Port Arthur And SeTEX Construction Corp. Of Beaumont, Texas, Due To Unforeseen Weather Conditions, To A New Term Of 147 Days, At No Additional Cost And To Accept The Architect' s Certificate Of Substantial Completion From The LaBiche Architectural Group, Inc., For The Improvements To Lincoln Park, Montrose Park And Lyon' s Park 23) P. R. No. 18958 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And The Port Arthur American Little League For Virginia/ Sal Grado Field At Pioneer Park 24) P. R. No. 18959 - A Resolution Authorizing The City Manager To Execute Three ( 3) Contracts Between The City Of Port Arthur And Port Acres Little League Organization For The Use Of Miguez, Girls Softball And Pee Wee Fields At County Park 25) P. R. No. 18960 - A Resolution Authorizing The City Manager To Execute Three ( 3) Contracts Between The City Of Port Arthur And The Port Arthur Baseball Association, For The Use Of City Baseball Fields At Adams Park 26) P. R. No. 18961 — A Resolution Authorizing The Second Year ( First Renewal) Of A Contract Between The City Of Port Arthur And H D Supply Of Beaumont, Texas, For The Purchase Of Repair Clamps, For The Utility Operations Department, In The Total Not-To- Exceed Amount Of $ 134, 112. 05 Annually. Funds Are Available In Account No( s). 410- 1253- 532. 35- 00 & 410- 1255- 532. 33- 00
ITEMS REQUIRING INDIVIDUAL ACTION — NON- CONSENT A. Resolutions 1) P. R. No. 18938 — A Resolution Appointing And/ Or Reappointing A Member Or Members To The Port Arthur Civic & Activity Center Commission
2) P. R. No. 18954 - A Resolution Appointing And/ Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee Requested By Councilmember Hamilton)
Ordinances 1) P. O. No. 6456 - An Ordinance Amending Section 2 Of The Code Of Ordinances By Adding Section 2- 73( A)( 2) As It Pertains To Approval Of The Agenda ( Requested By Councilmember Williamson)
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 1) Section 551. 071 Government Code — To Discuss With The City Attorney Pending Litigation With Daimler Chrysler 2) Section 551. 087 Government Code - To Discuss Incentives For Commercial, Residential, And/ Or Industrial Business Prospects Pure System International, Ltd.) 3) Section 551. 071 Government Code — To Discuss With The City Attorney Potential Litigation With John Hall Public Affairs
IX. WORKSHOP 1) Becoming A Certified " Film- Friendly City" 2) P. O. No. 6444 — An Ordinance Adopting Guidelines For Filming In The City Of Port Arthur And Becoming A Certified " Film Friendly City" ( Requested By Mayor Pro Tem Freeman) X. ADJOURNMENT OF MEETING
Apr 14, 2015 City Council
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
III. PETITIONS & COMMUNICATIONS A. Speakers - None B. Presentations 1) Presentation By Emerald Biofuels, LLC Regarding A Potential Industrial District Agreement/ Incentive C. Employee Recognition — None D. Correspondence Letter From Kirk Vital IV. PUBLIC HEARINGS - None V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: None
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) Judge Kermit Morrison: Attended TMCEC Annual Regional Judges Seminar Galveston, TX, February 16- 18, 2015 357. 56 B. Resolutions — Consent 1) P. R. No. 18807 — A Resolution Authorizing The City Manager To Enter Into A Contract With Houck Transit Advertising, Of Saint Paul, Minnesota, For Marketing, Accounting And Client Services To Pursue Program Income From Advertising Revenues For Port Arthur Transit ( PAT) 2) P. R. No. 18878 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Commercial Leasing And Property Management Services Contract With Hayes Real Estate For The Property At 501 Procter Street In Port Arthur, Texas 3) P. R. No. 18891 - A Resolution Authorizing The Utility Operations Division To Fulfill All Legal Requirements For The Abandonment Of The 300' Portion Of The 6" Cast Iron Waterline Located At 548 West 5th Street 4) P. R. No. 18913 - A Resolution Authorizing The City Manager And Fire Chief To Transfer Air Monitoring Equipment To Hardin County And Jefferson County 5) P. R. No. 18925 — A Resolution Authorizing The City Manager To Enter Into A Contract With Mansfield Oil Company Of Gainesville, Inc., Of Gainesville, Georgia, For The Purchase Of Ultra Low Sulfur Diesel Fuel, In An Amount Not To Exceed $ 350, 000.00. Funding Is Available In Transit Account No.( s): 401- 1501- 561. 24- 00 And 401- 1506- 561. 24- 00 6) P. R. No. 18929 — A Resolution Creating An ADA Paratransit Eligibility Board For Appeals Within Sixty ( 60) Days Of Denial Of Riders' Eligibility, In Compliance With The United States Department Of Transportation 7) P. R. No. 18931 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts 8) P. R. No. 18934 — A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage In An Amount Not To Exceed 332, 030. 00 Per Annum. Proposed Funding By General Liability Insurance Fund 612- 1702- 581. 52- 00 9) P. R. No. 18935 — A Resolution Authorizing The City Manager To Execute Settlement Of A Property Damage Claim In The Amount Of 5, 415. 00, Made Against Devin Marmon And Allstate Insurance Company, As A Result Of Property Damage To The Fire Station # 5 Garage Door ( 6099 Lewis Drive) 10) P. R. No. 18936 — A Resolution Authorizing The City Manager To Execute Settlement Of The Property Damage Claim In The Amount Of $ 5, 694. 75, Made Against Strike, LLC, As A Result Of Property Damage To A Water Line ( 3401- 3801 Redbud Avenue) 11) P. R. No. 18939 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Renew The Contract For Landscaping And Irrigation Maintenance At The Highway 73 Business Park With Affordable Lawn & Tractor Service Of Port Arthur, Texas, In An Amount Not To Exceed $ 10, 000. 00. EDC Account No. 120- 1429- 582- 59- 02 12) P. R. No. 18940 - A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Purchase Of Meter Boxes And Lids For The Utility Operations Department With ACT Pipe & Supply, Of Beaumont, Texas, In An Annual Not-To- Exceed Amount Of $228, 792.25. Funds Are Available In Account No( s). 414- 1621- 532. 85- 00 & 410- 1253- 532. 35- 00 13) P. R. No. 18944 — A Resolution Authorizing The City Manager To Execute Change Order No. 8 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, To Modify The Existing Chain Link Fence Around Sabine Pass Standpipe, Increasing The Contract By 10, 880. 00, To A New Contract Amount Of $3, 608, 402. 89, And For A Time Extension Of Seventeen ( 17) Days, Due To Weather Delays In The Month Of March, For A New Date Of Completion, May 13, 2015. Funding Available In City Account No. 429- 1258- 532. 59- 00, Project No. WSI002 14) P. R. No. 18945 - A Resolution Approving The Extension Of An Operation Downtown Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The Port Arthur Rotary Club To Construct A Monument Displaying The American And Numerous Foreign Flags At The Seawall 15) P. R. No. 18946 - A Resolution Approving A Grant To Annie Mae Stephenson For The Operation Of A Diner, Cost Will Be Attributed To The Exterior Renovation And Electrical Improvements To The Property Located At 520 Houston Avenue Under The Operation Downtown Site Improvement Grant Program 16) P. R. No. 18947 — A Resolution Authorizing The City Of Prot Arthur Section 4A Economic Development Corporation To Award A Bid And Enter Into A Contract With ALLCO, Inc., For Site Grading And Removal Of Dirt In The Spur 93 Business Park In An Amount Not To Exceed $ 291, 615. 60 17) P. R. No. 18948 - A Resolution Of The City Of Port Arthur, Texas, In Opposition To A Revenue Cap And Legislative Interference With Local Services ( Requested By Mayor Prince) 18) P. R. No. 18949 - A Resolution Of The City Council Of The City Of Port Arthur, Texas, Opposing Senate Bill 343 And Any Other Legislation Which Would Erode The Authority Of A Home Rule Municipality; Finding Compliance With The Open Meetings Law; And Providing An Effective Date Hereof ( Requested By Mayor Prince) 19) P. R. No. 18951 - A Resolution Authorizing The City Manager To Execute A Time And Materials Contract Between The City Of Port Arthur And ALLCO, Inc., Of Beaumont, Texas, For The Emergency Levee Repairs At DeQueen Boulevard And Lakeshore Drive, In The Amount Not To Exceed $ 475, 000. 00 Plus Contingency. Funds Are Available In Sewer Reconstruction Account No. 428- 1625- 532. 83- 00, Project No. 428000 And Drainage Capital Improvement Account No. 301- 1601- 591. 84-00, Project No. GO- 805 20) P. R. No. 18952 - A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And APAC-Texas, Inc., Of Beaumont, Texas, And GLO, For The 10th Street Paving Improvements, Increasing The Time Of The Contract By 11 Calendar Days Due To Weather Delays, To A New Term Of 202 Calendar Days, At No Additional Cost 21) P. R. No. 18953 - A Resolution Authorizing The City Manager And The City's Health Director To Execute Memorandums Of Understanding Between The City Of Port Arthur And The City Of Port Neches, Texas, Queen Of Vietnam Church, BASF Total Petrochemical, And Port Neches Independent School District To Support Mass Measures Designed To Preserve Health And Prevent The Spread Of Disease During A Public Health Emergency 22) P. R. No. 18957 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 ( Increasing The Time By 11 Days) And Change Order No. 3 ( Increasing The Time By 21 Days) To The Contract Between The City Of Port Arthur And SeTEX Construction Corp. Of Beaumont, Texas, Due To Unforeseen Weather Conditions, To A New Term Of 147 Days, At No Additional Cost And To Accept The Architect' s Certificate Of Substantial Completion From The LaBiche Architectural Group, Inc., For The Improvements To Lincoln Park, Montrose Park And Lyon' s Park 23) P. R. No. 18958 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And The Port Arthur American Little League For Virginia/ Sal Grado Field At Pioneer Park 24) P. R. No. 18959 - A Resolution Authorizing The City Manager To Execute Three ( 3) Contracts Between The City Of Port Arthur And Port Acres Little League Organization For The Use Of Miguez, Girls Softball And Pee Wee Fields At County Park 25) P. R. No. 18960 - A Resolution Authorizing The City Manager To Execute Three ( 3) Contracts Between The City Of Port Arthur And The Port Arthur Baseball Association, For The Use Of City Baseball Fields At Adams Park 26) P. R. No. 18961 — A Resolution Authorizing The Second Year ( First Renewal) Of A Contract Between The City Of Port Arthur And H D Supply Of Beaumont, Texas, For The Purchase Of Repair Clamps, For The Utility Operations Department, In The Total Not-To- Exceed Amount Of $ 134, 112. 05 Annually. Funds Are Available In Account No( s). 410- 1253- 532. 35- 00 & 410- 1255- 532. 33- 00
ITEMS REQUIRING INDIVIDUAL ACTION — NON- CONSENT A. Resolutions 1) P. R. No. 18938 — A Resolution Appointing And/ Or Reappointing A Member Or Members To The Port Arthur Civic & Activity Center Commission
2) P. R. No. 18954 - A Resolution Appointing And/ Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee Requested By Councilmember Hamilton)
Ordinances 1) P. O. No. 6456 - An Ordinance Amending Section 2 Of The Code Of Ordinances By Adding Section 2- 73( A)( 2) As It Pertains To Approval Of The Agenda ( Requested By Councilmember Williamson)
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 1) Section 551. 071 Government Code — To Discuss With The City Attorney Pending Litigation With Daimler Chrysler 2) Section 551. 087 Government Code - To Discuss Incentives For Commercial, Residential, And/ Or Industrial Business Prospects Pure System International, Ltd.) 3) Section 551. 071 Government Code — To Discuss With The City Attorney Potential Litigation With John Hall Public Affairs
IX. WORKSHOP 1) Becoming A Certified " Film- Friendly City" 2) P. O. No. 6444 — An Ordinance Adopting Guidelines For Filming In The City Of Port Arthur And Becoming A Certified " Film Friendly City" ( Requested By Mayor Pro Tem Freeman) X. ADJOURNMENT OF MEETING