[III.B.(1) A Presentation By Craig Taffaro Of Ardurra Group, Inc. Regarding The City Of Port Arthur's Eligibility To Apply For Grant Funding Through The Texas Division Of Emergency Management (TDEM) Safe Room Program.]

COMMUNICATIONS SPEAKERS. WE HAVE NONE BE UNDER PRESENTATIONS. WE HAVE ONE PRESENTATION. IT'S A PRESENTATION BY CRAIG TAFFARO OF ADARA GROUP INCORPORATED REGARDING THE CITY OF PORT ARTHUR'S ELIGIBILITY TO APPLY FOR A GRANT FOR GRANT FUNDING THROUGH THE TEXAS DIVISION OF EMERGENCY MANAGEMENT TEATUM A SAFE ROOM PROGRAM. AT THIS TIME, MR. TAFFARO. GOOD MORNING, MADAM MAYOR. MEMBERS OF THE COUNCIL, CITY MANAGER, MEMBERS OF THE DAIS, THANK YOU FOR FOR HAVING ME THIS MORNING. THIS IS ONE OF THOSE FOLLOW UPS, JUST NOT TOO LONG AGO, THE CHALLENGE WAS, WHAT ARE WE DOING LATELY TO BRING NEW PROJECTS? WELL, THIS IS ONE OF THE OPPORTUNITIES THAT WE HAVE DISCOVERED AND HAVE BEEN PURSUING. IT'S THE TEXAS DEPARTMENT OF EMERGENCY MANAGEMENT SAFE ROOM GRANT PROGRAM. SO IT IT IS A PROGRAM. I'M GOING TO GIVE YOU A LITTLE BIT OF AN OVERVIEW TODAY AND A LITTLE BIT OF INFORMATION ABOUT OUR PATH FORWARD, AND THEN ASK ANSWER ANY QUESTIONS THAT I CAN FOR YOU. YES. OKAY. WE'RE GOING TO START AND LET YOU GO THROUGH AT 10:00, HAVE A PUBLIC HEARING.

I'LL BE DONE BEFORE THEN. ALL RIGHT. THANK YOU. SO IN TERMS OF THE SAFE ROOM PROGRAM, AS I SAID, IT IS A FEMA TEDHAM PARTNERSHIP. IT'S A FUNDED GRANT. THAT'S 7,525% COST SHARE.

AND YOU SEE THE $10 MILLION TARGET FIGURE. THAT'S WHAT WE ARE CURRENTLY ANTICIPATING AND BUILDING OUR APPLICATION AROUND. IF YOU IF YOU KIND OF LOOK AT HOW WE GOT HERE, THE SAFE ROOM PROGRAM IS NOT A IS NOT A PROGRAM THAT EVERYONE GETS TO APPLY FOR. SO WE PURSUED AND PUT PORT ARTHUR IN THE MIX OF CONSIDERATION. WE WERE NOT IN THE FIRST ROUND OF INVITATION WHEN WE FOUND THAT OUT. WE DID OUR DOOR KNOCKING AND PHONE CALLING AND APPLIED A LITTLE BIT OF OF PRESSURE AND EXPRESSED INTEREST. AND NOW WE'RE AT THE TABLE, THE, THE, THE PROGRAM COMES OUT OF HAZARD MITIGATION MONEY. AND AS YOU IF YOU'VE BEEN FOLLOWING IT AT ALL, THE MOVEMENT OF FEMA AT THE NATIONAL LEVEL, HAZARD MITIGATION IS THE IS THE PUSH FOR THE FUTURE, RIGHT. TO TRY TO GET AHEAD OF DAMAGES THAT COME AS A RESULT OF STORMS BY HARDENING OR MAKING THINGS MORE SECURE. SO THAT'S WHAT THIS IS ABOUT, SPECIFICALLY, THE SAFE ROOM PROGRAM IS DESIGNED TO PROVIDE IMMEDIATE PROTECTION FOR LIFE OF ESSENTIAL PERSONNEL.

THOSE PEOPLE WHO CANNOT GET UP, GET OUT OF HARM'S WAY SPECIFICALLY FROM TORNADOES, WIND, DEBRIS, AND HURRICANES THAT OBVIOUSLY WE HAVE EXPERIENCED. THE BEAUTIFUL THING ABOUT THIS PARTICULAR PROGRAM IS THAT WHILE THE SAFE ROOM IS DESIGNED TO BE IN, IN

[00:15:01]

PLACE AND IN USE FOR VERY SPECIFIC AMOUNT OF TIME DURING THE MAJOR THREAT OF A STORM, RIGHT, OF A HURRICANE OR TORNADO, THE REST OF THE OPPORTUNITY TO USE THE BUILDING IS WIDE OPEN. AND SO IT'S WHAT WE CONSIDER IT TO BE A MULTI-USE FACILITY. WE CAN USE THAT TO GRANT ALLOWS TO, TO, TO BUILD A NEW FACILITY OR TO RETROFIT AN EXISTING FACILITY.

NOW, THE, THE MODERN WISDOM IS RETROFITTING IS MUCH MORE DIFFICULT THAN BUILDING GROUND UP BECAUSE BUILDING GROUND UP, YOU GET TO DO EVERYTHING ACCORDING TO THE RIGHT SPECS AND EXACTLY HOW YOU MAY WANT TO BUILD THE PROBLEM. THE REQUIREMENTS IS THAT THE. THE SAFE ROOM BE PLACED IN A THREAT AREA, WHICH PORT ARTHUR IS. AND THE CITY ACCEPTS THE BUILDING, ACCEPTS THE GRANT MONEY AND ENSURES AND MAINTAINS THE BUILDING INDEFINITELY. SO YOU'LL NOTICE I PUT SOME IMAGES ON THE SCREEN THERE FOR YOU. THAT IS THE LUMBERTON DOME. IF YOU'VE EVER BEEN TO THE LUMBERTON DOME, THAT ISN'T EXACTLY WHAT OURS WILL LIKELY LOOK LIKE, BUT IT WILL BE SIMILAR. THE. THE REQUIREMENT OF THE SAFE ROOM PROGRAM REQUIRES A DOME FACILITY, AND THAT IS BECAUSE OF THE RESEARCH THAT SHOWS THE. THE EFFECTIVENESS OF WITHSTANDING EXTREME WIND CONDITIONS AND STORMS. SO IT WILL BE SPECIFICALLY MADE IN SOME TYPE OF DOME SHAPE ACCORDING TO WHATEVER DESIGN THAT THE. THE CITY COMES UP WITH AND ACCEPTS OVERALL IN TERMS OF WHERE WE GO FROM HERE, WE HAVE IMMEDIATE AND NEAR-TERM AND THEN LONGER TERM GOALS AND ACTIONS. YOU'LL NOTICE ON YOUR AGENDA TODAY THERE'S RESOLUTION PR25022, WHICH IS THE CITY'S COMMITMENT TO TEDHAM THAT SAYS THE CITY IS INTERESTED. THAT IS A COMMITMENT THAT SAYS WE WANT TO GO FORWARD. THE APPLICATION PROCESS WILL BE COMPLETED. WE HAVE TO DO A BENEFIT COST ANALYSIS, WHICH MEANS WE HAVE TO PROVE AND SUPPORT THE EXPENDITURE OF THE MONEY IS WORTH THE EXPENSES FOR. THE BENEFIT THAT WILL BE RECEIVED WILL WORK WITH TEDHAM DIRECTLY WITH WITH DOING THE BCA AND GETTING THAT APPROVED. ONCE WE HAVE A COMMITMENT AND A DIRECTION, WE WILL BEGIN SITE IDENTIFICATION AND EVALUATION OF THREE THREE PARTICULAR SITES. WE HAVE SOME SOME IDEAS THAT WE ARE BOUNCING AROUND AT THIS POINT AND EVALUATING THE USEFULNESS OF DIFFERENT PROPERTIES AND HOW TO INCORPORATE SPECIFIC MULTI-USE NEEDS OF OF THE CITY TO INCORPORATE INTO THIS GRANT. ONE THING TO KEEP IN MIND IS THAT AS THE BUILDING IS DESIGNED AND WHAT WE'RE WORKING ON NOW IS, IS COUNTING PERSONNEL NOW PERSONNEL THAT WILL USE THIS IN TERMS OF THE PRELIMINARY IDEA AND CONCEPT FOR CITY OF THE CITY OF PORT ARTHUR WILL BE OUR EMERGENCY PERSONNEL FIRE, POLICE, PUBLIC WORKS ADMINISTRATION, AND THEN WE BRANCH OUT TO EVERY OTHER ORGANIZATION THAT MIGHT HAVE ESSENTIAL PERSONNEL FUNCTIONING.

AND THEN THE MOST CRITICAL NEEDS OF THOSE RESIDENTS THAT WE WILL HAVE TO OR LOOK TO PROVIDE IMMEDIATE PROTECTION. FOR NOW, KEEP IN MIND THAT SAFE ROOMS ARE NOT SHELTERS, SO SAFE ROOMS DO NOT STAY IN OPERATION FOR AN EXTENDED PERIOD OF TIME LIKE A SHELTER WOULD. SAFE ROOMS ARE SPECIFICALLY DESIGNED TO PROTECT. DURING THE MOST INTENSE PART OF A STORM.

ALTHOUGH THERE'S SOME CROSSOVER TO AN EMERGENCY OPERATIONS CENTER, WE. WE CAN'T BUILD AN EMERGENCY OPERATION CENTER. THE GRANT IS NOT ALLOWING FOR THAT, BUT THERE'S SOME CROSSOVER DURING THOSE MOST CRITICAL HOURS, IF YOU WILL. THAT'S WHAT WE DO OR THAT'S WHAT WE'RE WORKING TOWARDS. NOW. IN YOUR COMMITMENT FOR THE PROGRAM, WHICH TELLS. THE CITY IS ON BOARD AND COMMITS TO THE 25% COST SHARE, WHICH CAN BE EITHER DIRECT CASH, DIRECT COST OR IN-KIND SERVICES OR ANY OTHER ANY OTHER ELIGIBLE CONTRIBUTION TO MAKE UP THAT 25%. AND WE HAVE SOME STRATEGIES TO WORK ON FOR THAT. THE NEAR TERM ACTIVITIES THAT WILL BE WORKING TOWARDS IS OBVIOUSLY FUNDING THE MATCHING STRATEGY AND THE BUDGETING IN TERMS OF WHERE WE CAN GET COMMUNITY SUPPORT, WHERE CAN OUR INDUSTRY PARTNERS WHO WILL PROBABLY MAKE USE OF THE OF THE SAFE ROOM, WHERE WILL THEY LINE UP AND HOW WILL THEY LINE UP FINANCIALLY, AS

[00:20:02]

WELL AS OTHER WAYS TO SUPPORT THE THE EFFORTS, THE TERMS AND CONDITIONS AGREEMENT WITH CHEATHAM WILL BE SOMETHING THAT WILL COME DOWN THE ROAD. WE GET A CONCEPTUAL USE PLAN TOGETHER.

WE SOLICIT THEN FOR ARCHITECTURAL ENGINEERING, WHICH IS A SPECIFIC NICHE, RIGHT. WE WANT TO ENCOURAGE THE CITY, AND WE'LL WORK WITH THE CITY THROUGH THIS PROCESS IN THE PROCUREMENT OF THESE SERVICES, THAT IT'S SOMEONE WHO HAS EXPERIENCE WITH THESE TYPES OF SAFE ROOMS, AND WE'RE NOT GOING TO BE SORT OF A GUINEA PIG FOR SOMEONE EXPLORING, SINCE THIS IS SOMETHING THAT IS A KIND OF A NICHE MARKET IN TERMS OF ARCHITECTURAL AND ENGINEERING DESIGN, ONCE WE ONCE WE DO THAT, WE HAVE A 12 MONTH PERIOD TO GET THE DESIGN DONE AND THE PLANNING COMPLETED. AND THEN WE GO FROM THERE TO OUR, OUR FOLLOW UP OF THE LONG TERM, WHERE WE COMPLETE THE DESIGN, GET A CONTRACTOR IN PLACE, COMPLETE THE CONSTRUCTION WITHIN 24 MINUTES, 24 MONTHS, AND THEN AND THEN WE GET ALL THE MOUS IN PLACE IN TERMS OF WHO'S GOING TO ACCESS THE BUILDING DURING THOSE EVENTS THAT THAT COME ALONG.

THAT'S THE MAIN THRUST OF THE GRANT. THERE'S LOTS OF LITTLE DETAILS THAT WILL SORT OF COME BACK TO YOU AS WE GO THROUGH THE PROCESS, BUT THAT'S THE OVERALL VIEW AND, AND THE RESOLUTION THAT YOU HAVE IN FRONT OF YOU TODAY TO PASS IN TERMS OF GETTING OUR COMMITMENT TO TEDHAM SORT OF FORMALIZED. ANY QUESTIONS? YOU HAVE ABOUT THREE MINUTES FOR QUESTIONS. I HAVE MAYOR PRO TEM KINLAW. THANK YOU. MAYOR. SO YOU SAID WE WERE GOING TO TRY TO GET INDUSTRY OR OUR PARTNERS TO PAY. WHAT IS IT, 2.5? WE'RE WE'RE GOING TO SOLICIT PARTNERS TO TRY TO COVER THAT AS AS MUCH AS POSSIBLE WITHOUT IT IMMEDIATELY IMPACTING THE CITY'S BUDGET, BECAUSE I'M SURE RON IS OKAY WITH THAT TOO. OKAY, SO THE REQUIREMENTS MAYBE I'M SORRY I HAD TO STEP AWAY FOR A SECOND, BUT DID YOU SAY WHAT THE REQUIREMENTS ARE GOING TO HAVE TO BE THAT'S GOING TO BE IN THIS DOME TYPE CENTER, THIS SAFETY. IT'S IT'S PRIMARILY TO PROTECT FROM THE IMMEDIATE THREAT OF WIND AND DEBRIS. SO DO THE STATE OR DO THE FEDERAL GOVERNMENT GIVE ANY DIRECTIVES OF WHAT THEY HAVE TO HAVE IN THERE? DID YOU MENTION THAT BECAUSE IICS 500 STANDARD ICS 500. YES. SO THAT'S THE THAT'S THE CRITICAL STANDARD THAT WE'LL FOLLOW. OKAY. THANK YOU MAYOR. ALL RIGHT. THANK YOU. THANK YOU VERY MUCH. LOOK FORWARD TO WORKING WITH YOU GUYS ON THIS ONE. THANK YOU. ALL RIGHT. WE HAVE TWO MORE MINUTES. WE CAN'T GO BEFORE WE HAVE TO WAIT A FEW MINUTES. BUT AT THIS CITY MANAGER, YOU HAVE YOUR LIGHT ON. WOULD YOU LIKE TO TAKE THE ITEM NOW OR LATER? THAT CORRESPONDS TO THE SAFE ROOM? OH, YEAH. YOU HAVE TWO MINUTES. I HAVE TWO MINUTES. I CAN DO THAT. LET'S MOVE TO PAGE REAL QUICKLY. PAGE 737. NUMBER THREE, I HAVE IT. YES, MA'AM. IT'S PR NUMBER 25022. A

[VIII.(3) P.R. No. 25022 – A Resolution Authorizing The City Manager To Submit An Application To The Texas Division Of Emergency Management (TDEM) For Federal Hazard Mitigation Grant Program (HMGP) Funding Under FEMA Disaster Declaration DR-4781 In An Amount Of Ten Million Dollars, Or Such Greater Amount As May Be Determined Eligible By TDEM And FEMA During The Application Review Process For The Development And Construction Of Community Safe Rooms; Authorizing The Acceptance Of Such Grant Funds If Awarded; Committing The City To Provide The Required Local Match Of Twenty-Five Percent (25%) Of The Total Project Cost; And Providing For Related Matters.]

RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS DIVISION OF EMERGENCY MANAGEMENT TETUM FOR FEDERAL HAZARD MITIGATION GRANT PROGRAM.

HMGP FUNDING UNDER THE FEMA DISASTER DECLARATION DR4781 IN AN AMOUNT OF $10 MILLION ARE SUCH GREATER AMOUNT AS MAY BE DETERMINED ELIGIBLE BY TETUM AND FEMA DURING THE APPLICATION REVIEW PROCESS FOR DEVELOPMENT AND CONSTRUCTION OF A COMMUNITY SAFE ROOM AUTHORIZING ACCEPTANCE OF SUCH GRANT FUNDS. IF AWARDED. COMMITTING THE CITY TO PROVIDE THE REQUIRED LOCAL MATCH OF 25% OF THE TOTAL PROJECT COST AND PROVIDING FOR RELATED MATTERS. CAN I GET A MOTION FOR APPROVAL? SO MOVED. I NEED A SECOND. I'LL SECOND. COUNCIL MEMBER JONES. ALL RIGHT.

ANY QUESTIONS? ALL IN FAVOR, SAY I, I THE AYES HAVE IT. THE RESOLUTION PASSES. WE'RE GOING TO MOVE NOW TO OUR AFTER OUR PRESENTATIONS WE HAVE CITY MANAGER STAFF REPORTS. NONE.

EMPLOYEE RECOGNITION NONE CORRESPONDENCE NONE DISCUSSIONS NONE. WE'RE GOING TO NOW MOVE

[IV. PUBLIC HEARINGS – 10:00 AM (1) A Public Hearing For The Purpose Of Receiving Public Comments And To Discuss The Following: Proposed Change: A Zoning Map Amendment (Z26-08) To Consider A Zone Change From Agricultural (AG) To Heavy Industrial (HI) For The Development Of Two (2) Batch Plants. Site Location: West Of Dowling Road And North Of S. 8th Street (PID: 134693) Legal Description: Being 15.48 Acres Of Land Out Of And A Part Of 65 TR 6&7, I W Burton, 12.610 383 TR 6, R Wilson Labor 2.890, City Of Port Arthur, Jefferson County, Texas. Citizens With Questions Regarding The Description Of This Property Can Contact The City Planning Department At (409) 983-8133. The Public Will Also Be Able To View The Public Hearing Via The City’s Website At Www.Portarthurtx.Gov.]

TO OUR PUBLIC HEARING. AND I HAVE A COUPLE OF MORE SECONDS. THANK YOU, MISS ARES MALO FOR 10 A.M. WE'RE GOING TO MOVE TO OUR PUBLIC HEARING, A PUBLIC. I'M GOING TO READ A PUBLIC HEARING FOR THE PURPOSE OF RECEIVING PUBLIC COMMENTS AND TO DISCUSS THE FOLLOWING PROPOSED CHANGE A ZONING MAP AMENDMENT Z26-08 TO CONSIDER A ZONE CHANGE FROM AGRICULTURAL TO HEAVY INDUSTRIAL. FOR THE DEVELOPMENT OF TWO BATCH PLANTS. SITE LOCATION WEST OF DOWLING ROAD AND NORTH OF SOUTH EIGHTH STREET. P I'D 134693. LEGAL DESCRIPTION BEING 15.48 ACRES

[00:25:03]

OF LAND. EXCUSE ME OUT OF AND A PART OF 65TR6 AND 7IW BURTON 12.610383. TRACK SIX R WILSON LABOR 2.890. CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. CITIZENS WITH QUESTIONS REGARDING THE DESCRIPTION OF THIS PROPERTY, CAN CONTACT THE CITY PLANNING DEPARTMENT AT (409) 983-8133. THE PUBLIC WILL ALSO BE ABLE TO VIEW THE PUBLIC HEARING VIA THE CITY'S WEBSITE AT THIS TIME. ARIES MALO THANK YOU, MAYOR, AND GOOD MORNING COUNCIL. YES. GOOD MORNING. IN ACCORDANCE WITH SECTION 6.03 E OF THE CITY OF PORT ARTHUR ZONING ORDINANCE AND CHAPTER 211 OF THE TEXAS LOCAL GOVERNMENT CODE, THE CITY COUNCIL IS BEING ASKED TO CONSIDER A ZONING MAP AMENDMENT, ALSO REFERRED TO AS A ZONING CHANGE OR REZONING FOR APPROXIMATELY 15.48 ACRES OF LAND OUT OF AND A PART OF 65 TRACK SIX AND 7IW BURTON 12.610383. TRACK SIX WILSON LABOR 2.890. CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS.

THE PROPERTY IS LOCATED SOUTH OF WEST DOWLEN ROAD AND NORTH OF SOUTH EIGHTH STREET. JC PARCEL NUMBER 134693. THE PURPOSE OF THIS REQUEST IS TO CHANGE THE ZONING FROM AGRICULTURAL TO A HEAVY INDUSTRIAL DISTRICT TO ALLOW FOR THE DEVELOPMENT OF TWO BATCH PLANTS. A COMPLETED APPLICATION WAS FILED WITH THE PLANNING AND ZONING COMMISSION ON OR AROUND APRIL 29TH, 2026, REQUESTING A ZONING MAP CHANGE FOR THE ABOVE MENTIONED PROPERTY. THE ZONING CHANGE WILL ALLOW THE PROPOSED USES TO LEGALLY CONFORM AT SET LOCATIONS. PUBLIC NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN A 200 FOOT RADIUS OF THE PROPOSED SITES ON MAY 7TH, 2026 AND AND PUBLISHED IN THE PORT ARTHUR NEWSPAPER ON MAY 16TH, 2026. A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION WAS HELD ON JUNE 1ST, 2026, INVITING CITIZENS TO EXPRESS THEIR SUPPORT OR OPPOSITION TO THE REQUEST. THE PLANNING AND ZONING COMMISSION VOTED THREE ZERO, RECOMMENDING THAT THE REQUEST BE APPROVED. ON JUNE 2ND, 2026, THE CITY COUNCIL APPROVED RESOLUTION NUMBER 26-244, CALLING FOR A PUBLIC HEARING ON TODAY, JULY 14TH, 2026 AT 10:00 AM, THE CITY SECRETARY'S OFFICE PUBLISHED A PUBLIC NOTICE OF THE PORT ARTHUR NEWSPAPER ON JUNE 27TH, 2026, AND PREPARED AND MAILED NOTIFICATIONS TO ADJACENT PROPERTY OWNERS WITHIN A 200 FOOT RADIUS OF THE SUBJECT SITE ON OR AROUND JUNE 26TH, 2026. THE PROPERTY IS CURRENTLY LOCATED IN THE AGRICULTURAL DISTRICT. THE AGRICULTURAL DISTRICT IS INTENDED TO PRESERVE LAND FOR AGRICULTURAL ACTIVITIES IN VERY LOW DENSITY DEVELOPMENT. IT PROVIDES FOR FARMING, RANCHING AND OTHER AGRICULTURAL USES WHILE ACCOMMODATING LIMITED RESIDENTIAL AND ACCESSORY USES THAT ARE COMPATIBLE WITH THE RURAL CHARACTER OF THE AREA. THE DISTRICT ALSO SERVES AS A TRANSITIONAL AREA UNTIL URBAN DEVELOPMENT IS APPROPRIATE. THE PROPOSED ZONING IS THE HEAVY INDUSTRIAL DISTRICT. THE HEAVY INDUSTRIAL DISTRICT IS INTENDED TO ACCOMMODATE INTENSIVE INDUSTRIAL OPERATIONS THAT MAY INVOLVE MANUFACTURING, PROCESSING, FABRICATION, STORAGE, DISTRIBUTION AND SIMILAR USES THAT GENERATE HIGHER LEVELS OF NOISE, TRAFFIC, ODORS OR OTHER IMPACTS. THESE USES ARE GENERALLY LOCATED IN AREAS WHERE THEY ARE SEPARATED FROM RESIDENTIAL AND OTHER SENSITIVE LAND USES, AND ARE APPROPRIATE FOR LARGE SCALE INDUSTRIAL DEVELOPMENT. NORTH, WEST AND SOUTH OF THE SUBJECT PROPERTY IS AGRICULTURE AND EAST OF THE PROPERTY IS HEAVY INDUSTRIAL. THIS IS AN AERIAL VIEW OF THE PROPERTY AND WE DID GO OUT, COUNSEL AND OBSERVE. THERE WERE RESIDENTS FAR, FAR, FAR AWAY FROM THE LAND AND THERE WAS NO OTHER DEVELOPMENT AROUND IN THAT AREA FOR ABOUT A MILE OR SO. THIS SLIDE SHOWS A VIEW OF THE PROPOSED LOCATION FOR THE PROPERTY IN QUESTION. THERE'S MORE PICTURES OF THAT SAME PROPERTY. IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTIONS TWO, 11.006 AND

[00:30:04]

211.007. A PUBLIC HEARING WAS SCHEDULED ON THE FOLLOWING DATES AND TIMES TO RECEIVE PUBLIC COMMENTS ON JUNE 1ST, 2026, OUR PNC COMMISSION THERE WERE ZERO WRITTEN OPPOSITIONS, ZERO VERBAL OPPOSITIONS AND ZERO LETTERS RETURNED. AND ON TODAY, JULY 14TH, 2026, THERE WERE ZERO WRITTEN SO FAR, ZERO VERBAL AND NO LETTERS RETURNED. SECTION 211-006 OF THE TEXAS LOCAL GOVERNMENT CODE STATES THAT A CITY COUNCIL MAY APPROVE OR DENY THE PROPOSED MATTER BY A SIMPLE MAJORITY VOTE, IN THE EVENT THAT A PROPOSED CHANGE TO A REGULATION OR BOUNDARY IS DENIED BY THE PLANNING AND ZONING COMMISSION, WHICH THIS ONE WAS NOT, THEN THE PROPOSED CHANGE MUST BE APPROVED BY AT LEAST THREE FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL WHO ARE QUALIFIED TO VOTE. THEREFORE, A SIMPLE MAJORITY VOTE OF THE CITY COUNCIL WILL BE BE WILL BE REQUIRED TO APPROVE THIS REQUEST. ANY QUESTIONS? COUNCIL SEE IF I HAVE ANY LIGHTS. OKAY. COUNCILMAN JACOBS, GOOD MORNING, MISS MILO. IS THIS PROPERTY LOCATED IN SABINE PASS? YES, MA'AM. OKAY, I THINK THERE MAY BE AN ERROR. IT SAYS EIGHTH STREET. IS THIS EIGHTH AVENUE? IS IT SAYING WHERE IT'S LOCATED? YEAH. LIKE WHERE THE PROPERTY IS LOCATED SOUTH OF WEST DOWN THE ROAD AND NORTH OF SOUTH EIGHTH STREET IS BECAUSE IT DOESN'T HAVE AN ADDRESS. YES. IT SAYS EIGHTH STREET. I THINK IT'S EIGHTH AVENUE. OH, THANK YOU FOR THAT. YES, MA'AM. YES, MA'AM. I'M ALWAYS GOING TO LOOK AT THE MAP JUST TO KIND OF SEE WHERE IT IS. SO NO, I APPRECIATE YOU, BUT IT IS THE PROPERTY, LIKE RIGHT PAST ABOUT A HALF A MILE FROM THE FOUR WAY STOP WHERE YOU WOULD TAKE THAT RIGHT TURN TO THE HIGH SCHOOL.

JUST KEEP TRAVELING DOWN THAT WAY. YES. OKAY. THANK YOU. THANK YOU FOR THAT. YES, MA'AM.

THANK YOU. AND HAVE ANY OTHER LIGHTS? OKAY. IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK TO THIS PUBLIC HEARING? ANYONE IN THE AUDIENCE WOULD LIKE TO SPEAK TO THIS PUBLIC HEARING? LAST TIME, ANYONE IN THE AUDIENCE WOULD LIKE TO SPEAK TO THIS PUBLIC HEARING.

IF NOT, THANK YOU. THANK YOU, MISS MARLOW. YES, MA'AM. APPRECIATE IT. ALL RIGHT. WE'RE

[V. REPORTS / ITEMS OF COMMUNITY INTEREST]

GOING TO MOVE NOW TO NUMBER FIVE REPORTS OF ITEMS OF COMMUNITY INTEREST. COUNCIL MEMBERS, YOU HAVE ANYTHING THAT YOU'D LIKE TO REPORT OR EXPRESS OR REGARDING ANY HOLIDAYS, HONORARY ANYTHING HAPPENING IN THE COMMUNITY THAT YOU'D LIKE TO MAKE NOTE OF? YOU HAVE TWO MINUTES TO DO SO. COUNCIL MEMBER GATEWOOD. THANK YOU MAYOR. I JUST WANT TO APPRIZE THE COMMUNITY, ESPECIALLY THE RESIDENTS OF DISTRICT ONE. ON TOMORROW, THE PORT OF PORT ARTHUR WILL BE HAVING THEIR EIGHTH COMMUNITY ENGAGEMENT SESSION. THIS IS COMING, OF COURSE, AS THE CONSTRUCTION OF THE FLYOVER OVERPASS IS GETTING READY TO BEGIN. SO THEY'RE HOSTING A COMMUNITY SESSION TOMORROW AT THE WEST SIDE DEVELOPMENT CENTER FROM 5:00 TO 6:30 P.M. ALSO TWO JUST WANTED TO HIGHLIGHT THAT. HAD AN OPPORTUNITY TO VISIT WITH MY 75TH MISS TEXAS SOUTHERN UNIVERSITY, WHO WAS HERE VISITING FROM GULFPORT. SHE WAS HERE ON OFFICIAL MILITARY BUSINESS, AND SHE WAS WELL PLEASED WITH HER TOUR AROUND PORT ARTHUR. SHE DID NOT EXPECT US TO HAVE AS MUCH AS WE DO HAVE. I DON'T KNOW WHAT SHE EXPECTED. SHE PROBABLY EXPECTED ONE STOP SIGN AND ONE ONE LIGHT, BUT SHE WAS PLEASED TO VISIT PORT ARTHUR. SHE WAS HERE TO. FROM WEDNESDAY ALL THE WAY UNTIL TODAY, THIS MORNING. AND SO JUST WANTED TO SHARE THAT WE ACTUALLY HAVE SOME VISITORS THAT COME AND ARE PLEASED WITH WITH OUR CITY AND OUR SURPRISE TO SEE ALL THAT WE HAVE. AWESOME. TELL HER TO COME BACK AND I'LL TAKE HER TO LUNCH. THANK YOU. AWESOME. WE'RE GOING TO IF WE DON'T HAVE ANY OTHER COMMUNITY HIGHLIGHTS, JUST REMEMBER AGAIN, MAKE NOTE. I'M GOING TO NOTE IN EVERY MEETING THAT THE CITY, THE MAYOR'S 365 DAY MEETING, COMMUNITY MEETING WILL BE TAKING PLACE ON THE 30TH OF THIS MONTH, AND IT WILL BE HELD AT THE LAMAR STATE COLLEGE HEALTH NEW HEALTH SCIENCE BUILDING. SO I ASK THAT THE COMMUNITY COME OUT TO GET SOME UPDATES FROM DIFFERENT

[VI. (1) P.R. No. 24948 – A Resolution Authorizing The City Manager To Accept Close-Out Documents Submitted By Pavecon Ltd, Of Houston, Texas And Approve The Release Of Retainage In The Amount Of $32,304.75, For The Redbird Street Rehabilitation Project From Green Avenue To Jefferson Drive. Street Capital Account No. 307- 00-000-2050-00-00-000, Project No. ST5106.CON. ]

DEPARTMENTS AND SOME OF OUR COMMUNITY PARTNERS. NOW WE'RE GOING TO MOVE TO UNFINISHED BUSINESS NUMBER SIX, UNFINISHED BUSINESS. NUMBER ONE IS PR NUMBER 24948, A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT CLOSEOUT DOCUMENTS SUBMITTED BY PAYCOM L.T.D OF HOUSTON, TEXAS, AND APPROVE THE RELEASE OF RETAINAGE IN THE AMOUNT OF $32,304.75 FOR THE REDBIRD STREET REHABILITATION PROJECT FROM GREEN AVENUE TO JEFFERSON DRIVE STREET. CAPITAL ACCOUNT NUMBER 30700-0002050-00-00-000. PROJECT NUMBER ST5106 DOT CON.

MAY I GET A MOTION FOR APPROVAL? SO MOVED. SECOND, I'VE GOT A MOTION AND A SECOND, ANY QUESTIONS? I HAVE A QUICK COMMENT. I HAVE COUNCILMEMBER FRANK IS FIRST AND THEN

[00:35:05]

COUNCILMEMBER JACOBS. NO, I SIMPLY GOOD MORNING. PLEASE EXCUSE MY TARDINESS. WE HAD LIGHTS OUT ON MY END OF TOWN. I WAS ONE WHO WANTED TO WAIT ON THE RETAINAGE OF THIS PROJECT AND I'M GLAD TO EVEN NOW MAKE THE MOTION TO PASS IT. I PASSED OUT THERE. I'VE TALKED TO PUBLIC WORKS, I'VE TALKED TO THE INDIVIDUALS I'VE GONE OUT AND SEEN, AND I NOW UNDERSTAND WHAT WHAT THE ISSUE WAS WITH THE GRADING AND ALL THE THINGS THAT HAVE HAPPENED AND TRANSPIRED. SO I'M GRATEFUL TO GO. THANK YOU, COUNCILMEMBER JACOBS. YES, MA'AM. THANK YOU.

[00:40:04]

BECAUSE IF WE IF WE WOULD HAVE, IT WOULD HAVE BEEN HOLDING WATER. SO WE. WE LEFT SOME OF THEM ALONE, MISSED SOME, WE. WE CUT SOME, WE MISSED SOME. BUT WE WANT TO MAKE SURE THOSE DITCHES WAS ON GRADE. SO. SO IT WON'T BE HOLDING WATER FOR THOSE IN FRONT OF THOSE HOUSES, MAKING MOSQUITO NETS. OKAY. ALL RIGHT. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? THE AYES HAVE

[VII. CONSENT AGENDA ]

IT. THE RESOLUTION PASSES. LET'S MOVE TO OUR CONSENT AGENDA AND OUR CONSENT AGENDA.

COUNCIL MEMBERS, IF YOU HAVE ANYTHING YOU'D LIKE TO WITHHOLD, YOU MAY PUT YOUR LIGHTS ON SO I CAN RECOGNIZE YOU. BUT WE HAVE COUNCIL MEMBER GATEWOOD. WHICH ITEM? ITEM NUMBER ONE AND TWO.

OKAY. ON PAGE FOUR. OKAY. ALL RIGHT. SO WE'RE GOING TO ENTERTAIN A MOTION TO APPROVE OUR CONSENT AGENDA WITH AND WITHHOLDING ITEMS ONE AND TWO FOR INDIVIDUAL TO PULL THEM INDIVIDUALLY. SO AT THIS TIME I WILL ENTERTAIN A MOTION TO APPROVE OUR CONSENT AGENDA.

WITH WITHHOLDING ITEMS ONE AND TWO. I MAKE A MOTION. SECOND I'VE GOT A MOTION AND A SECOND.

ANY QUESTIONS? ALL IN FAVOR SAY I, I ANY NO'S. THE AYES HAVE IT. THE CONSENT AGENDA PASSES WITHOUT WITH WITH WITHHOLDING ITEMS ONE AND TWO. WE'LL NOW GO BACK TO ITEMS ONE. PR NUMBER

[VII.C. (1) P.R. No. 24712 – A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding Between The City Of Port Arthur And The YMCA Of Southeast Texas For The Management And Operation Of The Westside Development Center Located At 601 W. Reverend Dr. Ransom Howard Street, Port Arthur, Texas; Funding In The Amount Of $90,000.00 For Fiscal Year 2026 Is Available In Account 001-15-043-5470-00-20-000. Funding For Fiscal Year 2027 Is Subject To Approval And Appropriation Of The Budget.]

24712. A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ARTHUR AND THE YMCA OF SOUTHEAST TEXAS FOR THE MANAGEMENT AND OPERATION OF THE WEST SIDE DEVELOPMENT CENTER, LOCATED AT 601 WEST. REVEREND DOCTOR RANSOM HOWARD STREET IN PORT ARTHUR, TEXAS. FUNDING IN THE AMOUNT OF $90,000 FOR FISCAL YEAR 2026 IS AVAILABLE IN THE ACCOUNT. 00115-043-5470-00-20-000.

FUNDING FOR THE FISCAL YEAR 2027 IS SUBJECT TO APPROVAL AND APPROPRIATION OF THE BUDGET.

MAY I GET A MOTION FOR APPROVAL? SECOND, I'VE GOT A MOTION AND A SECOND. ANY QUESTIONS? COUNCIL MEMBER GATEWOOD. THANK YOU. MAYOR. I RECENTLY JUST ASKED OUR CITY MANAGER A QUESTION. I WANT TO SEE IF WE HAD AN ANSWER. I HAD SOME QUESTIONS ON THE MOU THAT WE HAVE IN FRONT OF US.

ONE OF THE QUESTIONS THAT I HAD WAS JUST LOOKING AT THE AGREEMENT AND THE UNDERSTANDING AND THE UNDERSTANDING. IT SAYS THAT THE YMCA, OF COURSE, WILL ASSUME THESE RESPONSIBILITIES WITH US PAYING FOR IT THROUGH GRANT. I KNOW THIS IS COMING FROM THE FUND BALANCE THIS YEAR, SO I DIDN'T KNOW IF THAT MOU, THAT VERBIAGE NEEDS TO BE CHANGED DUE TO IT COMING OUT OF OUR GENERAL FUND AND NOT FROM A GRANT THIS TIME. THAT WAS ONE QUESTION. THE SECOND QUESTION THAT I DID HAVE, THEY DID DID PROVIDE A WEST SIDE DEVELOPMENT CENTER USAGE OF THE HISTORY, DETAILING, OF COURSE, THE AMOUNT OF RESIDENTS THAT THEY'RE SEEING, ALONG WITH SOME PROGRAMS. AND I DEFINITELY WOULD LIKE FOR TO GIVE THEM THE OPPORTUNITY TO TELL OUR COMMUNITY AND OURSELVES ALL THAT THEY HAVE BEEN DOING. SO THAT WAY WE CAN BE APPRIZED OF WHERE OUR MONEY IS GOING. AND THEN MY THIRD QUESTION, BECAUSE I ONLY HAVE TWO MINUTES, WAS TO SEE IF WE COULD GET A BREAKDOWN OF WHERE THE 90,000 IS GOING. I'M PRETTY SURE I KNOW $90,000.

A MAJORITY OF THAT IS PROBABLY GOING TO COME FROM SALARY, BUT JUST SEEING A BREAKDOWN AS TO WHERE THIS 90,000 IS GOING FOR SALARY EVENTS AND JUST AN ITEMIZED LIST OF WHAT WE'RE PAYING FOR. ALL RIGHT. THANK YOU ADAM. OH I'M SORRY. YES. LET ME JUST ANSWER THE FIRST PART OF THE QUESTION. DID YOU TALK TO TORIA? NO, I JUST SPOKE WITH HIM. YES, YES, I JUST SPOKE WITH TORIA. JUST SENT ME A TEXT MESSAGE. BASICALLY, WHAT WE'RE DOING, WE'RE APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE YMCA AND THE CITY OF PORT ARTHUR. THE THE MONEY HAS ALREADY BEEN BUDGETED FOR AND BEEN PLACED IN THE CIVIC CENTER ACCOUNT, THE ACCOUNT THAT'S LISTED OUT HERE, IT HAS ALREADY THE MONEY HAS ALREADY BEEN BUDGETED FOR THIS YEAR.

2526 ACCOUNT. AS IT'S CLEARLY STATED IN THE. IN THE MEMO THAT ATTACHED TO IT, WE. IT'S BEEN APPROPRIATED FOR NEXT YEAR AS WELL. IN ORDER TO AVOID CONTINUITY OF THE OF THE OF THE PROGRAM WITH THE YMCA. SO THE MONEY IS ALREADY IN THIS YEAR'S BUDGET. THE APPROPRIATIONS IS FOR NEXT YEAR'S BUDGET. AND THEN THE THE MEMORANDUM OF UNDERSTANDING IS FOR CONTINUITY FOR NEXT YEAR AS WELL. SO IT'S ALREADY PRAISED FROM THE GENERAL FUND IN THE CIVIC CENTER ACCOUNT. THAT'S THE ACCOUNT THAT'S BEEN STATED OUT HERE. YES. OKAY. I UNDERSTAND

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THAT PART. I'M TRYING TO GET CLARIFICATION ON THE VERBIAGE IN THE MOU. SO BEING THAT IT'S COMING FROM THE CIVIC CENTER IS BEING THAT IT'S COMING FROM THE CIVIC CENTER ACCOUNT, DOES THAT VERBIAGE IN, IN OUR MOU WITH, WITH THEM NEED TO CHANGE BECAUSE EVEN, EVEN THOUGH IT'S IN THEIR ACCOUNT, THAT'S STILL NOT GRANT FUNDING. IF I CAN JUST THE LAW DEPARTMENT WITH THE LAW DEPARTMENT REVIEWED THE MOU THAT SHE PRESENTED, AND SHE DID NOT SEE WHERE IT MADE A STATEMENT OF THE GRANT. SO, SO RIGHT HERE, IT STATES UNDER THE YMCA OF SOUTHEAST TEXAS COMMITMENT, IT READS, THE YMCA OF SOUTHEAST TEXAS AGREES TO TO STATE THE RESPONSIBILITIES WITH THE UNDERSTANDING THAT THE FUNDS TO SUPPORT THE FACILITY'S DAILY OPERATION WILL BE PROVIDED THROUGH GRANTS, NOT FROM THE YMCA OF SOUTHEAST TEXAS. OPERATION OR DONATION.

AND I'M READING ON THE FIRST PAGE WHERE IT HAS THE BACKGROUND LISTED, HAS THE MUTUAL UNDERSTANDING OF KEY PARTNERSHIPS, AND THEN RIGHT UNDER IT, IT HAS THE COMMITMENT FROM THE YMCA. AND SO WHAT I TAKE THAT AS READING IS YOU ALL THE YMCA WILL OVERSEE THIS PROJECT WITH UNDERSTANDING THAT THE FUNDS THAT THEY WILL BE RECEIVING TO PAY THEIR OPERATIONS AND OVERSEE THIS WILL COME FROM GRANTS. AND SO I'M IN SUPPORT OF IT BECAUSE I'VE SEEN THE WORK THAT YOU ARE DOING. I JUST WANT TO MAKE SURE THAT IF WE ARE SPENDING THESE FUNDS, IT HAS TO COME FROM A GRANT. LET'S CHANGE THE VERBIAGE. IF THE NEXT TWO YEARS WON'T COME FROM A GRANT, IT WILL COME FROM OUR GENERAL FUND. OKAY, SO THE CITY ATTORNEY HAS JUST EXPLAINED TO ME THAT THE YMCA MAY HAVE GRANTS THAT ASSIST WITH THE FUNDING. WHEN YOU PUT THE YMCA FUNDING TOGETHER WITH THE CITY OF PORT ARTHUR, FUNDING THE PROJECTS OR PROGRAMS THAT ARE BEING RUN THERE IS BEING JOINTLY FUNDED BY BOTH THE CITY OF PORT ARTHUR AND THE YMCA FUNDING. THAT'S WHAT IT MEANS. OKAY. YES. OKAY. YES. COULD YOU EXPLAIN FURTHER, CITY ATTORNEY? I'M SORRY. YES, SIR. SO WE WE ENGAGE IN PARTNERSHIPS WITH OUR WONDERFUL ORGANIZATIONS. AND THE CITY OF PORT ARTHUR IS PROVIDING $90,000 WORTH OF FUNDS. WE HAVE MADE IT CLEAR IN THE RESOLUTION THAT WE HAVE FUNDING FOR THIS FISCAL YEARS, AND THE CONTINUED AGREEMENT IS SUBJECT TO APPROPRIATIONS FOR NEXT YEAR. SO THERE'S LOTS OF CONTRACTS THAT COME IN THE MIDDLE OF THE FISCAL YEAR. IN TERMS OF WHAT YOU'RE REFERRING TO ABOUT GRANTS, THAT'S UNDER THE YMCA COMMITMENT, NOT THE CITY'S COMMITMENT. SO SINCE THE YMCA IS A NONPROFIT ORGANIZATION, THEY GET LOTS OF GRANTS AND MANY OF THEIR STAFF MAY OPERATE UNDER GRANTS THAT ARE STILL ASSISTING THE CITY'S WEST DEVELOPMENT SIDE AREA. DOES THAT MAKE SENSE? THAT MAKES PERFECT SENSE. THANK YOU FOR THAT FOR THAT CLARIFICATION TOO.

YES, SIR. SO WE DON'T HAVE TO WE DON'T HAVE TO LIST IN, IN OUR ON OUR COMMITMENT WHERE THE MONEY IS COMING FROM. AS LONG AS WE HAVE THE MONEY, OUR MONEY IS LISTED IN THE RESOLUTION THAT IS COMING FROM A SPECIFIC ACCOUNT. YES. AND A SPECIFIC PROJECT NUMBER. SO WE DON'T HAVE TO LIST THAT IN THE MOU, BUT IT IS IN THE RESOLUTION. THE RESOLUTION. OKAY. THANK YOU.

THAT'S THAT'S THE CLARIFICATION THAT I NEEDED. THANK YOU. I'M GOING TO CALL UP KEVIN PEARSON WITH THE YMCA. HE'S GOT SOME INFORMATION FOR YOU GUYS REGARDING WHAT COUNCILMAN GATEWOOD WAS REQUESTING. SURE. OKAY. SO. MAYOR, COUNCIL MEMBERS, STAFF, THANK YOU FOR HAVING US HERE THIS MORNING. I'D LOVE TO SHARE WITH YOU ALL A LITTLE BIT ABOUT THE HISTORY OF THE WEST SIDE DEVELOPMENT CENTER AND THE YMCA'S ENGAGEMENT WITH THAT PROJECT.

AS WE KNOW, THE WEST SIDE DEVELOPMENT CENTER, ALONG WITH THE GULF COAST HEALTH CENTER ACROSS THE PARKING LOT, WERE BOTH BUILT AS PART OF A SETTLEMENT IN THE EARLY TEENS WITH MOTIVA AND VALERO, AND THE UNITED WAY ACTUALLY OPERATED THE WEST SIDE DEVELOPMENT CENTER FOR FOR A NUMBER OF YEARS BEFORE SAYING, WE CAN'T DO THIS. AND THAT'S WHEN THE YMCA CAME IN ABOUT TEN YEARS AGO, I THINK IT WAS 2017 WAS OUR FIRST YEAR IN OPERATING THAT. ORIGINALLY IT WAS FUNDED BY THE PORT ARTHUR COMMUNITY FOUNDATION, AND IN 2020, AT THE END OF 2020, WE WERE NOTIFIED FROM THE COMMUNITY FOUNDATION THAT THAT POT WAS RUNNING DRY.

WE HAVE ACTUALLY RECEIVED FUNDS FROM THE COMMUNITY FOUNDATION IN SUBSEQUENT YEARS FOR PROGRAMS THAT WE'VE DONE AT THE WEST SIDE. WE DID A Y WITHOUT WALLS PROGRAM ONE SCHOOL YEAR AT THE WEST SIDE, WE PROVIDED SOME AFTER-SCHOOL ENRICHMENT AND SPORTS FOR KIDS AT ONE OF THE NEIGHBORING CHURCHES. SO WE'VE BEEN DOING SOME PROGRAMS AND GETTING SOME GRANTS TO DO OTHER PROGRAMS AT THE AT THAT FACILITY. BUT WITH THE ENDING OF THAT PORT ARTHUR COMMUNITY FOUNDATION FUNDING, I REACHED OUT TO THE CITY AT THAT POINT AND SAID, HEY, THIS IS THE CITY'S PROPERTY. IF YOU'D LIKE US TO BE HERE, WE NEED TO HAVE SOME MONEY TO HELP OFFSET THAT OPERATION. COST GIVE YOU AN IDEA OF WHAT THAT OPERATION COST IS. COUNCILMAN GATEWOOD IT IS INDEED MOSTLY SALARIES AS WELL AS ALL OF THE EVERYTHING IN THE UTILITY WISE INSIDE THAT

[00:50:04]

BUILDING. SO EVERYTHING FROM THE CAMERAS, THE ALARM SYSTEM, THE INTERNET, THOSE WE WE PAY FOR THOSE WE HAVE THAT SET UP AND WE PAY FOR THOSE SERVICES. LAST YEAR WE DID, WE HAD THE THE 80,000 FROM THE CITY. WE OPENED THE FACILITY UP PRIMARILY FOR CIVIC GROUPS, FOR NONPROFITS, FOR SCHOOL GROUPS. IT IS IT IS REALLY OPEN FOR THE COMMUNITY. WE VIEW THIS AS WE ARE STEWARDS OF THIS PROPERTY TO SERVE THE PORT ARTHUR COMMUNITY, PARTICULARLY ON THE WEST SIDE. SO MOST OF OUR TIME SPENT OVER THERE IS ENGAGING NONPROFITS AND OTHER GROUPS. WE HAVE A COUPLE OF RENTALS THROUGH THE COURSE OF THE YEAR, NOT MUCH, BUT THEN AGAIN, ALL OF THESE THINGS THAT WE DO, WE ALSO DO WITH THE YMCA RULES AND POLICIES IN MIND. SO WE MAY HAVE A BABY SHOWER, BUT THERE'S NOT GOING TO BE MARGARITAS AT THE BABY SHOWER BECAUSE WE HAVE A NO ALCOHOL POLICY. YOU'RE NOT GOING TO FIND BEER CANS IN THE PARKING LOT AFTER ANY YMCA EVENTS. AND AT THE SAME TIME, WE ALSO PROVIDE FINANCIAL ASSISTANCE TO SOME OF THOSE ORGANIZATIONS THAT NEED THE PRIVATE SPACE BUT DON'T HAVE THE FUNDS BECAUSE WE'RE THERE TO SERVE. BUT AGAIN, THE MAJORITY OF OF THAT BUDGET IS TAKEN UP BY CIVIC GROUPS AND NONPROFITS THAT ARE UTILIZING THE FACILITY WE'RE OPEN TO. EVERY WEEK. WE BUMP UP THOSE HOURS WHEN WE HAVE SPECIAL EVENTS, WE WE CHANGE THINGS BASED ON THE RESERVATIONS AND THE REQUIREMENTS OF THE COMMUNITY THAT ARE NEEDED OUT THERE. AND THEN WE FIND WAYS TO SERVE WHEN TIMES ARE, ARE, ARE DIFFERENT, WHEN TIMES ARE DIFFICULT. DURING COVID, WE DID MEAL SERVICE OUT OF THE WEST SIDE. WE PROVIDED SO MANY MEALS OUT OF THE WEST SIDE DEVELOPMENT CENTER. THE SCHOOL DISTRICT CALLED UP AND SAID, HEY, WE'RE NOT GETTING ANYBODY AT LINCOLN. YOU GUYS ARE STILL DOING IT OVER AT THE WEST SIDE. YES WE ARE. SO THEY SHUT DOWN LINCOLN AND WE WERE ABLE TO KEEP ON PROVIDING PROVIDING MEALS. SO IT'S THOSE SORTS OF THINGS. IT IS AN OUTPOST FOR PROGRAMING. IT IS A SERVICE TO THE COMMUNITY AT LARGE, AND IT IS A WAY FOR THE YMCA TO ENGAGE MEMBERS OF ALL AGES WITHIN THE WEST PORT ARTHUR COMMUNITY. THE SHEET THAT YOU GUYS HAVE IN FRONT OF YOU, THIS IS, I HATE TO SAY THE HISTORY BEGAN WHEN I GOT HERE, BUT THIS IS WHEN THE RECORD KEEPING BEGAN. SO 2021 WAS OUR FIRST YEAR WITH KEEPING TRACK OF ALL THESE DIFFERENT USAGE GROUPS AND THE NUMBERS OF PEOPLE THAT WERE COMING THROUGH.

SO THIS IS THIS IS KIND OF HOW OUR FLOW HAS BEEN THROUGH THE YEARS. ALL RIGHT. THANK YOU, MR. PEARSON. WE HAVE COUNCIL MEMBER JACOBS, YOU HAVE YOUR LIGHT ON. YES, COUNCILMEMBER FRANK. SO FIRST OF ALL, THANK YOU FOR THE WORK THAT YOU DO IN THE COMMUNITY. I HAVE BEEN A USER OF THAT FACILITY SINCE IT WAS STEWARDED BY THE UNITED WAY. AND SO WE THANK THE YMCA FOR ALL THE WORK YOU DO ACROSS THE COMMUNITY, BUT ESPECIALLY THERE IN THE WEST SIDE. I DO WANT TO ECHO ONE OF THE SENTIMENTS THAT WAS EXPRESSED BY COUNCILMAN GATEWOOD, AND THAT I WOULD ENCOURAGE US TO UPDATE THIS MOU LANGUAGE TO BETTER REFLECT THE NATURE OF THE FUNDS THAT YOU ALL ARE RECEIVING, TO CONTINUE CONDUCTING THE BUSINESS. ON THAT AT THE WEST SIDE. BUT OTHERWISE I'M IN FULL SUPPORT. SO THANK YOU. THANK YOU. COUNCILMEMBER FRANK. YES. THANK YOU. KEVIN. GOOD TO SEE YOU AGAIN THIS MORNING. THANK GLENDA AND ADAM. THANK YOU GUYS FOR WHAT YOU DO AT THE WEST SIDE DEVELOPMENT CENTER. WE JUST HAD WE HAVE BEEN A PART OF USING THAT FACILITY VERY RECENTLY. THANK YOU, GLENDA, FOR WHAT YOU DID. AS WE WERE TRYING TO SHARE WITH THE COMMUNITY ABOUT OUR WATER METERS AND ALL OF THE CHANGES THAT ARE HAPPENING. AND SO THE FACILITY IS IS VITAL, ESPECIALLY ON THE WEST SIDE AS WE'RE TRYING TO GET INFORMATION THERE, BUT THROUGHOUT THE CITY AS WELL TO MAKE SURE THAT IT'S AVAILABLE. DOC IS DOWN THE OTHER SIDE OVER THERE, BUT THANK YOU SO MUCH FOR WHAT YOU DO. WE APPRECIATE IT. AND SO WE EXPECT AND APPRECIATE THE CONTINUED SUPPORT THAT YOU GUYS GIVE US. THANK YOU. ALL RIGHT, I HAVE ONE COUNCIL MEMBER. GATEWOOD, JUST ONE LAST QUESTION. WHO IS OUR REPRESENTATIVE FROM THE CITY SIDE? THE LIAISON. THAT'S ME.

OKAY. THANK YOU. AND THEN AGAIN TOO, I JUST WANTED TO SAY THANK YOU FOR THE CLARIFICATION. AND THANK YOU FOR PROVIDING THIS INFORMATION, BECAUSE IT IS ESSENTIAL FOR FOR CITIZENS TO KNOW EXACTLY ALL THAT YOU ALL ARE DOING. IT'S MORE THAN WHAT WE SEE. AND HONESTLY, IF I'M BEING QUITE HONEST WITH YOU, I KNOW THAT YOU ALL HAVE PEOPLE THAT GO THERE, BUT I'M REALLY SHOCKED TO SEE THE NUMBERS OF PEOPLE THAT YOU ALL ARE SEEING THROUGHOUT THE YEARS. SO IT'S PROVING THAT, OF COURSE, THE WORK THAT YOU ARE DOING IS ESSENTIAL NOT ONLY TO THE CITIZENS OF THE WEST SIDE, BUT OUR ENTIRE CITY IN GENERAL. I JUST WANTED TO GET CLARIFICATION ON THOSE QUESTIONS SO I CAN REST ASSURED KNOWING THAT, HEY, WE CONTINUE TO DO A GREAT JOB. SO THANK YOU FOR GETTING THOSE ANSWERS AS WELL. AND THANK YOU, MADAM ATTORNEY, FOR THE CLARIFICATION OF THE MOU. OKAY. THANK YOU ALL SO MUCH. ALL IN FAVOR, SAY AYE.

AYE. ANY KNOWS? THE AYES HAVE IT. THE RESOLUTION PASSES. WE'RE GOING TO MOVE TO NUMBER

[VII.C.(2) P.R. No. 24726 – A Resolution Authorizing The City Manager To Grant To Entergy Texas, Inc. A 16' X 100' Utility Easement, Together With A 100' X 100' Temporary Workspace, For The Construction, Reconstruction, Improvement, Repair, Operation, Inspection, Patrol, Replacement, And Maintenance Of Electric Power And Communication Facilities On A Portion Of Hughen Park Along Lakeshore Drive.]

[00:55:06]

TWO. PR NUMBER 24726. A RESOLUTION AUTHORIZING CITY MANAGER TO GRANT TO ENTERGY TEXAS INCORPORATED A 16 FOOT BY 100 FOOT UTILITY EASEMENT TOGETHER WITH A 100 FOOT BY 100 FOOT TEMPORARY WORK SPACE FOR THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, REPAIR, OPERATION, INSPECTION, PATROL REPLACEMENT AND MAINTENANCE OF ELECTRIC POWER AND COMMUNICATION FACILITIES ON THE ON A PORTION OF THE HUMAN PARK ALONG LAKESHORE DRIVE. CAN I GET A MOTION FOR APPROVAL? SO MOVED. I NEED A SECOND. I'VE GOT A MOTION AND A SECOND QUESTIONS, COUNCILMEMBER GATEWOOD. THANK YOU. MAYOR, I JUST HAD ONE QUESTION. I WANT TO KNOW HOW WILL THIS IMPACT THE CITIZENS WHO UTILIZE THAT PARK FOR THE DURATION OF THE CONSTRUCTION, BUT ALSO AS LONG AS THEY'RE HOUSED THERE, BOTH MYSELF AND THE DIRECTOR OF PUBLIC UTILITIES VISITED THE SITE, AND IT'S ON THE FRINGE OF THE PARK, VERY CLOSE TO THE SIDEWALK. SO LITERALLY, IT WILL HAVE ABSOLUTELY NO IMPACT. ONE OF THE THINGS THAT WE WERE, WE WERE VERY MUCH CONCERNED ABOUT IS WHETHER THAT EASEMENT WOULD HAVE POSED SOME SORT OF VALUE TO THE PARK ITSELF, AND IT DOES NOT WE WILL CERTAIN TO, TO, TO MAKE SURE THAT IT DOES NOT.

THANK YOU. THAT'S GOOD TO KNOW. YES. I HAD ONE OTHER COMMENT TO MAKE AND IT WAS WITH OUR GOOD FRIENDS, ENTERGY. WHILE I'M EXCITED, OF COURSE, ANY ANY TIME WE GET A CHANCE TO, TO DO SOMETHING GREAT WITH INFRASTRUCTURE OR ENHANCE INFRASTRUCTURE IN OUR COMMUNITY, I'M IN FULL SUPPORT OF IT. I JUST WISH THAT THERE WAS DEFINITELY A WAY THAT WE CAN WORK WITH ENTERGY. ON DOING A LOT MORE ON THEIR END AS IT RELATES TO THE SERVICES THAT THEY PROVIDE. I KNOW, ESPECIALLY ON THE WEST SIDE, WE HAVE QUITE A FEW POWER LINES THAT ARE HANGING DOWN. I'VE SEEN PICTURES OF RESIDENTS WHO HAVE VINES AND WEEDS ALL WRAPPED AROUND THEIR POLES. AND SO WHILE I AM ALL ALL ON BOARD WITH DOING SOMETHING GREAT FOR INFRASTRUCTURE, I REALLY WISH THAT WE COULD FORM A BETTER RELATIONSHIP WITH THEM ON ON HOLDING THEM MORE ACCOUNTABLE ON THE THINGS THAT THEY THAT THEY ARE DUE TO US AS CITIZENS IN OUR COMMUNITIES AS WELL, BEYOND JUST GIVING THEM OPPORTUNITY TO HELP OUT, HELP OUT IN INFRASTRUCTURE WISE. I'M VERY GLAD THAT YOU MENTIONED THAT, AND IT'S FOR THE EDIFICATION OF THE PUBLIC AS WELL. THIS COUNCIL PASSED A RESOLUTION ABOUT A YEAR AGO THAT WE SENT TO ENTERGY WITH A VERY STRONG LETTER PENNED BY OUR CITY ATTORNEY, INFORMING THEM THAT WE WOULD NOT HAVE THEM ENGAGED IN THE WHAT WE REFER TO AS ENVIRONMENTAL CLUTTER OF OUR OF OUR CITY. AND WE WERE REFERRING TO THE MANY POLES THAT ARE JUST NOT BEING UTILIZED BY ENTERGY, BUT IS THE PROPERTY OF ENTERGY AS WELL, AS WELL AS THE HANGING LINES THAT ARE NO LONGER BEING UTILIZED. AND SO WE HAVE FOUND THEM TO BE VERY MUCH COOPERATIVE. I, IN TAKING DOWN SOME OF THOSE POLES, WE ARE ATTEMPTING TO DO IT ON A CASE BY CASE BASIS THROUGHOUT THE CITY. SO AS WE CLEAN UP ONE AREA, WE TARGET ANOTHER AREA, BUT THAT IS AN ONGOING PROCESS.

I'VE ALSO BEEN WORKING WITH THE DIRECTOR OF THE PORT TO MAKE SURE THAT WE TALK ABOUT IMPROVING THE RESILIENCY OF THE CITY'S INFRASTRUCTURE, I.E. THE ENTERGY POLES AND LINES, AND THIS PROJECT IS DOING EXACTLY THAT ON, ON ON LAKESHORE DRIVE, THE ABOVE GROUND INFRASTRUCTURE IS GOING TO BE PLACED ON THE GROUND, MAKING IT MUCH MORE RESILIENT FOR HURRICANES. AND WE DO HAVE PROJECTS IN MIND, BOTH MYSELF, AS I INDICATED, AND THE PORT MANAGER HAVE INDICATED, CERTAIN AREAS THROUGHOUT THE CITY, STARTING IN OUR DOWNTOWN AREA WHERE WE COULD HARDEN THE INFRASTRUCTURE. SO THOSE ARE THOSE PLANS ARE WELL APPRAISED AS WELL, AND WE'LL INFORM COUNCIL AS WE MOVE WITH THEM. WE'RE AHEAD OF THE GAME. THANK YOU, THANK YOU.

OKAY. COUNCILMEMBER JACOBS. YES, MA'AM. CITY MANAGER JUST FOR CLARIFICATION PURPOSES, BECAUSE I READ THROUGH ALL THE DOCUMENTATION AND THIS QUESTION KIND OF KEPT COMING BACK TO ME.

SO ENTERGY IS REQUESTING TO PURCHASE EASEMENT AND THEN LEASE A SECTION OF THE PARK.

LAY DOWN LEASE. YES, TEMPORARILY AS A TEMPORARY LAY DOWN. YES. IS IT SIX MONTHS? YES. THAT'S IT. YES. OKAY. AND THAT WILL BE CLOSELY MONITORED BY THE OUR PUBLIC SERVICE DEPARTMENT. OKAY. ALL RIGHT. THANK YOU. OKAY. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? THE

[VIII.A.(1) P.R. No. 24992 – A Resolution Authorizing The City Manager To Execute A Contract Renewal With RingCentral, Inc. For The Continued Provision Of Hosted Cloud Telephone Services For A Three-Year Term In The Total Amount Of $185,424.84, Payable In Thirty-Six (36) Monthly Installments Of $5,150.69; Funding For Fiscal Year 2027 Is Available In The Information Technology Communication Account 001-09-023-5482-00-10-000. Funding For Fiscal Years 2028 And 2029 Is Subject To The Approval Of The Budget And The Appropriation Of Funds.]

AYES HAVE IT. THE RESOLUTION PASSES. WE WILL NOW MOVE TO OUR INDIVIDUAL ITEM. SECTION EIGHT ITEMS REQUIRING INDIVIDUAL ACTION ON CONSENT. NUMBER ONE. PR NUMBER 24992. A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT RENEWAL WITH RING CENTRAL INCORPORATED FOR THE CONTINUED PROVISION OF HOSTED CLOUD TELEPHONE SERVICES FOR A THREE YEAR TERM IN A TOTAL AMOUNT OF $185,424.84, PAYABLE IN 36 MONTHLY INSTALLMENTS OF $5,150.69.

[01:00:12]

FUNDING FOR FISCAL YEAR 2027 IS AVAILABLE IN THE INFORMATION TECHNOLOGY COMMUNICATIONS ACCOUNT, 001-09-023-5482-00-10-000. FUNDING FOR FISCAL YEAR 2028 AND 2029 IS SUBJECT TO THE APPROVAL OF THE BUDGET AND THE APPROPRIATION OF FUNDS. I GET A MOTION FOR APPROVAL. SECOND, IT'S BEEN MOVED. AND SECOND, ANY QUESTIONS? ALL IN FAVOR, SAY I, I AND HE KNOWS THE AYES HAVE IT. THE RESOLUTION PASSES PR NUMBER 25015, A RESOLUTION

[VIII.A.(2) P.R. No. 25015 – A Resolution Authorizing The City Manager To Execute Amendment No. 2 To The Contract Between The City Of Port Arthur And Freese & Nichols, Inc. Of Pearland, Texas For The Construction Phase Services Of The Main Wastewater Treatment Plant, Increasing The Contract Amount By $899,392.00, For A New Total Contract Amount Of $2,999,392.00; Funding Is Available In Account No. 405-40-000-8516-00-00-000, Project No. WS0023. ]

AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER TWO TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND FRIESEN. NICHOLS INCORPORATED OF PEARLAND, TEXAS, FOR THE CONSTRUCTION PHASE SERVICES OF THE MAIN WASTEWATER TREATMENT PLANT, INCREASING THE CONTRACT AMOUNT BY $899,392 FOR A NEW TOTAL CONTRACT AMOUNT OF $2,999,392. FUNDING IS AVAILABLE IN ACCOUNT NUMBER 405 DASH 40-000-8516-00-00-000. PROJECT NUMBER WS0023, CAN I GET MAY I GET A MOTION FOR APPROVAL? SO MOVED, I NEED A SECOND. IT'S BEEN MOVED AND PROPERLY SECONDED. ANY QUESTIONS? YES, MA'AM. MAYOR PRO TEM KINLAW. THANK YOU. RON, COULD YOU HAVE SOMEONE COME UP HERE AND ASK A COUPLE QUESTIONS? AND WHILE HE'S THE GURU, THAT'S THE GURU. YEAH. OKAY. ALRIGHT MR. GURU. ALRIGHT. I REMEMBER THIS BACKING APRIL 22ND. WE ACTUALLY DID OUR APPROVAL OF THIS PARTICULAR RESOLUTION, AND THEN WE DID A FIRST AMENDMENT IN OCTOBER 2024. AND I REMEMBER THAT. I THINK THAT I PULLED IT BACK THEN AS WELL. SO, YOU KNOW, WE'RE IN A CONSTRUCTION PHASE AND I JUST NEED SOME MORE CLARIFICATION. I DID READ THE BACKGROUND. THEY WANTED TO BE EXTENDED FOR 390 DAY CALENDAR DAYS, BUT I NEED ALSO NEED SOME CLARITY ON IF WE'RE IN THE EARLY PHASE OF THIS AT THIS TIME, AT THIS TIME, YOU KNOW, WHY DIDN'T WE PICK UP ON WHAT IS IT? THE CHANGE ORDER AUTHORIZED MODIFICATION NECESSARY TO ACCOMMODATE EVOLVING PROJECT NEEDS, INCLUDING STAFFING ADJUSTMENTS, ADDITIONAL CONSTRUCTION WORK AND REVISION OF QUALITY AND MATERIALS, AND OTHER FIELD DRIVEN CHANGE TO REQUIRED TO FACILITATE A SUCCESSFUL COMPLETION. THAT'S JUST A LOT OF I DON'T UNDERSTAND THAT. JUST A LOT OF MAKE UP STUFF THAT WE'RE THROWING OUT THERE, BUT I NEED CLARITY ON WHY WE'RE DOING A SECOND AMENDMENT FOR 890 K, THE THE FIRST AMENDMENT THAT WE DID, CITY STAFF PICKED UP A LOT OF THE LOAD BECAUSE WE DIDN'T HAVE THE MONEY IN 24 TO PAY THEM TO DO THE WORK. SO WE STARTED GOING OUT AND DOING A LOT OF AS MUCH OF THE WORK AS WE COULD WITH INTERNAL STAFF, OUR YOUNG ENGINEER THAT WE HAVE, AND JESS SOMETIMES WAS THAT ALSO GIVING THIS INFORMATION WAS GIVEN BACK TO THE TO THE THIS IS HOW WE EXTENDED THEIR SERVICES WITHOUT ADDING MONEY. IF YOU READ THE THING THAT WAS MODIFIED WITH NO ADDITIONAL MONEY, RIGHT, I READ THAT. SO NOW WE'RE TO THE POINT WHERE THERE'S NO THERE'S NOTHING LEFT TO EXTEND. WE HAVE TO HAVE MONEY AND WE NEED THESE PEOPLE THERE, ESPECIALLY IN A BROWNFIELD PROJECT. EVERY TIME YOU DIG A HOLE, YOU FIND SOMETHING DIFFERENT. THERE'S BEEN SEVERAL THINGS WHERE DESIGNS HAVE HAD TO BEEN MODIFIED THERE. THE ENGINEER OF RECORD, IF WE DON'T HAVE THEM ON CONSTRUCTION MANAGEMENT, WE WOULD HAVE TO GO BACK TO THEM AND PAY WHATEVER THEY WANT FOR ANY DESIGN CHANGE. IT'S AND TO BE HONEST, AT FOUR POINT WHATEVER PERCENT WE'RE AT. IT'S A VERY, VERY LOW LEVEL FOR CONSTRUCTION MANAGEMENT ON A BROWNFIELD PROJECT. 4.23 IT SHOULD BE IT. NORMALLY IT WOULD BE BETWEEN 6 AND 10%, BUT BY US BACKFILLING THEIR STAFF AND DOING AS MUCH AS WE CAN, WE'VE GOT THE PRICE DOWN. SO THE CITY NO LONGER COULD DO SOME OF THE WORK OURSELVES. WE STILL DO SOME OF IT. I MEAN, WE CAN'T DO IT ALL. WE CAN'T DO ANY OF THE ENGINEERING. THERE'S BEEN MAJOR PROBLEMS WITH ENTERGY, CHANGES IN WHICH YOU ALL HAVE SEEN CHANGE ORDERS FOR INCOMING POWER CHANGES, THINGS LIKE THAT, THAT ELECTRICAL ENGINEERS HAD TO REDESIGN. THERE WAS SOME CHANGES DUE TO PIPING THAT WE'VE UNCOVERED THAT BECAUSE THERE'S NO GOOD AS BOLTS OF THE EXISTING PLANT. WELL, YOU DON'T THINK THAT PUTS US IN A CATCH 22? I MEAN, EVEN THOUGH YOU SAID WE, LIKE YOU JUST SAID EARLIER, WE NEED THEM. BUT YOU KNOW, WHEN A PRICE LIKE THIS WITH CHANGES, YOU SAID EVERY

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TIME WE DIG A HOLE CHANGES. I WOULD HAVE EXPECTED THIS JOB IF I WOULD HAVE BEEN BIDDING IT, I WOULD HAVE EXPECTED PROBABLY 7 TO 8% AS CONSTRUCTION MANAGEMENT FEE. SO I THINK WE'RE STILL GETTING A VERY GOOD PRICE. YEAH. BUT THAT'S THEIR THING ON THEIR SIDE. I MEAN, THEY, THEY WANT THEY GAVE US A BETTER RATE. SO I'M GLAD THAT THEY DID GIVE US A BETTER WE DIDN'T GIVE THEM 8%. SO OKAY. WELL I'M GOING TO BE MONITORING THIS KEVIN AND I, I JUST, YOU KNOW, THIS IS GOING TO BE THE SECOND AMENDMENT CHANGE. THE OTHER THING THAT THEY DO IS THEY THEY'VE HELPED US KEEP UP WITH ALL THE ARPA AND THE FEMA AND FEMA, THE DATA THAT WE NEED TO. TEXAS WATER DEVELOPMENT BOARD KEEP ALL THE ACCOUNTING STRAIGHT. OKAY. WELL, I JUST WOULD SUGGEST TO YOU, YOU KNOW, IF WE COULD MONITOR THIS CLOSELY, I'M GOING TO BE MONITORED CLOSELY. I KNOW THE TIME YOU WANT TO COME OUT AND TOUR THE PLANT, LET ME KNOW. I DON'T MIND AT ALL. SO JUST TOUR. IT WAS WAS REALLY AWESOME. BUT WE, WE WERE DEALING WITH REALLY BAD INFRASTRUCTURE OUT THERE. YOU'RE GOING OVER ANOTHER PLANT THAT YOU HAD. YEAH, OUT THERE.

SO WE TOOK A TOUR AND IT, IT LOOKS REALLY GOOD FROM THE WHEN THEY SAW THE OLD PLANT. YEAH.

AND SEEING THIS ONE, IT'S JUST SO YOU KNOW, THE OLD PLANT HAS TO OPERATE THE ENTIRE TIME, RIGHT? THAT'S THAT'S BEEN SOME OF THE FUN TOO. AND DON'T GET ME WRONG, KEVIN, I KNOW IT'S A NEED THAT WE NEED FOR THIS COMMUNITY, BUT AT THE SAME TIME, WE HAVE TO MONITOR AND DO OUR DUE DILIGENCE AND ENSURE THAT WE SAVE ALSO ON THE TAXPAYERS AS WELL. WHEN WE'RE LOOKING AT THIS, I UNDERSTAND. THANK YOU. MAYOR. MAYOR, LET ME JUST I JUST A MOMENT. GO AHEAD, CITY MANAGER. MAYOR, LET ME JUST REMIND THE COUNCIL THAT AS SOON AS WE'RE THROUGH WITH THIS WASTEWATER TREATMENT PLANT, WE NEED TO WE HAVE ALREADY BEGUN THE PROCESS OF PLANNING FOR THE NEXT WASTEWATER TREATMENT PLANT, WHICH IS GOING TO COST ABOUT TWO TO A QUARTER BILLION DOLLARS. YEAH, WE NEED IT BECAUSE WE'RE GOING TO NEED IT. WE'RE GOING TO NEED IT BECAUSE THE CITY IS GROWING AND IT'S GROWING FAST. AND THIS WASTEWATER TREATMENT PLANT HAS BEEN ON THE BOOKS FOR OVER THE LAST TEN YEARS. DESIGNING AND DESIGN WAS JUST DESIGNED. YES, YES. AND SO WE ARE AT CAPACITY OR PAST CAPACITY RIGHT NOW. SO WE'RE GOING TO NEED ANOTHER ONE.

OKAY. OKAY. THANK YOU. CITY MANAGER COUNCILMEMBER FRANK. YES. LET ME INTERJECT. IT IS PERTAINING TO THIS, THIS SUBJECT OF WATER AND WASTEWATER AND ALL THE WATER NEEDS THAT WE HAVE. I'VE BEEN IN CONVERSATION WITH OUR CITY ATTORNEY. WE HAVE TO KEEP OUR EYES. I NEED TO HEAR YOU. OH, I'M SORRY. WE HAVE TO KEEP OUR EYES ON THE BALL, ESPECIALLY ABOUT WATER.

WATER HAS BECOME THE GREATEST COMMODITY HERE IN THE STATE OF TEXAS. AND THE FACT THAT THAT WE HAVE A PLETHORA OF IT IS A WONDERFUL THING FOR US. BUT BY THE SAME TOKEN, WE HAVE TO BEGIN TO MAKE SOME INROADS INTO HAVING SOME DISCUSSIONS. AS THE CITY MANAGER HAS SAID, AND LOOKING AT IT ON A STATE LEVEL AS WELL, ABOUT WASTEWATER TREATMENT AND THE WATER NEEDS THAT WE HAVE, ESPECIALLY WITH ALL THE INDUSTRY THAT IS GROWING HERE IN THE CITY, AND WE WILL WILL BE THE SUPPLIER OF THAT. SO ALL OF THOSE THINGS ARE NECESSARY AS WELL. I KNOW THAT WE CAN'T DO THE WHOLE IDEA OF TAKING SALINATED WATER AND TURNING THAT PLANT INTO A DESALINATION PLANT THAT'S TOO EXPENSIVE. YEAH. SO WE'VE GOT TO COME UP. THANK YOU, CITY MANAGER, FOR LOOKING FORWARD AND THAT FORWARD THINKING THAT YOU ALL ARE DOING. SO I WANT US TO REMAIN COGNIZANT OF THOSE FACTS. THANK YOU. THANK YOU, COUNCILMEMBER FRANK.

COUNCILMEMBER JACOBS. YES, MA'AM. I THINK MY QUESTION IS PROBABLY FOR BOTH MR. MATTHEWS AND AND CITY MANAGER, ASSUMING THAT THERE WAS SOME LEVEL OF ASSESSMENT OF FEASIBILITY PERFORMED TO DETERMINE THIS AMOUNT, RIGHT, THAT THE THAT IS NEEDED FOR THIS AMENDMENT FOR THE EXTENSION OF THE PROJECT, WHAT IS YOUR LEVEL OF CONFIDENCE THAT WE WON'T HAVE TO COME BACK HERE AGAIN TO DO A SIMILAR EXERCISE? IF, WHEN THE 8.99 RUNS OUT, WELL, CONSTRUCTION MANAGEMENT GENERALLY FOLLOWS THE THE CONTRACTOR. SO THE CONTRACTOR IS FAIRLY CONFIDENT THEY'LL FINISH BY THAT DATE OR EARLIER IF SOMETHING CATASTROPHIC HAPPENS OR, YOU KNOW, CAUSES IT TO EXTEND AND WE MAY BE BACK. I MEAN, IT'S THEY'RE THEY'RE MANAGING CONSTRUCTION. SO THE, THE WAY YOU LIMIT CONSTRUCTION MANAGEMENT IS YOU GET THE CONTRACTOR TO FINISH. SO THIS IS A SIMILAR TYPE PROJECT. IT'S CONVENTIONAL DESIGN BID BUILD.

SO FRIESEN NICHOLS DESIGNED IT. WE BID IT. WE AWARDED IT AND THEY'RE MANAGING THE CONSTRUCTION. AND SO WE DON'T HAVE LIKE A GUARANTEED MAX PRICE. WE IT'S NOT A GUARANTEED MAX OR ANY, ANY OF THAT. WE JUST MANAGE THE PROJECT AS WELL. OKAY. YEAH. SO I WOULD AGREE

[01:10:01]

WITH, WITH COUNCIL MEMBER PRO TEM THAT WE DO NEED TO CLOSELY MONITOR THIS. FOR ME, IT'S ALARMING TO SEE THAT A SECOND AMENDMENT WITHIN, YOU KNOW, THREE YEARS OF A PROJECT COMMENCING IS LITERALLY ABOUT 60%. AT THAT TIME, WE KNEW THERE WOULD BE A SECOND AMENDMENT BECAUSE WE DIDN'T HAVE ANY MONEY IN. 24 OKAY, I THINK YES, BUT EVEN STILL THAT THAT LEVEL OF SCOPE CREEP WE'RE TALKING ABOUT, YOU KNOW, AN ADDITIONAL 30% OF THE INITIAL COST IS NOW BEING ADDED. SO I THINK THAT, AGAIN, THE DILIGENCE AND EVEN THE. THE LEVEL OF, OF MANAGEMENT FROM THE CITY SIDE HAS TO BE TO THE NTH LEVEL OF DETAIL TO AVOID AS MUCH AS POSSIBLE THIS TYPE OF THING IN THE FUTURE, BECAUSE WE'LL LOOK UP AND ANOTHER 30%, YOU KNOW, IN TWO YEARS IS GOING TO BE A MUCH LARGER NUMBER. SO I JUST WANT TO ECHO THAT SENTIMENT OF THE LEVEL OF DILIGENCE WITH WHICH WE'RE MANAGING THIS. ALL RIGHT. MR. DOUCETTE. THANK YOU, MAYOR HAROLD, YOU SAID 5180 CAMBRIDGE STREET, PORT ARTHUR, TEXAS. I'M GOING TO COME BACK LATER AND DO A PRESENTATION ON THIS PARTICULAR PROJECT. I HEAR EVERYTHING WE'RE SAYING. I THINK COUSIN KINLAW WAS ON THE RIGHT TRACK. THEY'VE SIGNED THE CONTRACT, AND IF YOU GO BACK AND GO, GO BACK THROUGH THIS CONTRACT, YOU KNOW, I DON'T SEE NOTHING BUT SOMEBODY SAYING WE'RE GOING TO GO LONGER, SO WE'RE GOING TO GO LONGER.

YOU'RE GOING TO PAY US BECAUSE IT'S BEEN DELAYED. IT'S NOT BECAUSE OUR FACTOR. BUT IF YOU LOOK AT THE CONTRACT REAL CLOSELY, THOSE ARE THINGS THAT IF THEY WERE MONITORING ALL THROUGH THAT THEY CAN THEIR CONTRACT IS FOR 51 MONTHS. IF YOU HAVE A DELAY, THEY'RE NOT WORKING. WHAT ARE THEY DOING? IF IF THE PROJECT IS NOT MOVING, YOU'RE NOT WORKING. YOU YOU SIGN UP FOR $2.1 MILLION, WE'RE GOING TO STOP WATCHING THE MONEY. AND THEN IN THE RESOLUTION, YOU HAVE FOUR POINT SOME PERCENT. NOW, THIS IS A CONTRACT FOR THEM TO DO THAT PROJECT. AND THAT CONTRACT IS $2.1 MILLION. AND IF YOU'RE GOING TO CHANGE THAT CONTRACT, IT'S THE PERCENTAGE. THEY'RE CHANGING THIS CONTRACT 899,000 AND $392. THAT'S 30% OF OF 2.1 MILLION. THAT'S WHAT THAT CONTRACT IS. IT HAS NOTHING TO DO WITH THE TOTAL COST OF THE PROJECT. THE 70 MILLIONS SEE THESE PERCENTAGES AND STUFF. THEY SOUND GOOD. THEY LOOK GOOD.

THEY'RE DECEIVING. THIS IS A CONTRACT. THAT CONTRACT WAS FOR $2.1 MILLION. AND NOW YOU'RE COMING BACK AND CHANGING IT BY ALMOST 1 MILLION. THAT'S $30 MILLION OF THAT CONTRACT. IT'S GOT NOTHING TO DO WITH THE TOTAL CONTRACT OF THE PROJECT. THIS IS THE CONTRACT FOR THEM TO DO THEIR JOB. THIS IS 30%. YOU'VE BEEN GETTING THE WORDS AMENDMENT INSTEAD OF CHANGE ORDERS. THEY MAY BE INTERCHANGEABLE, BUT AT THE END OF THE DAY, YOU CAN ONLY HAVE A CHANGE ON ANY PROJECT NOT TO EXCEED 25% OF THE TOTAL COST OF THAT CONTRACT. THIS CONTRACT IS 2.1 MILLION, NOT 70 MILLION. OKAY. AND READ THAT CONTRACT. THIS IS WHAT WE HAVE TO STOP DOING IN THIS CITY. PEOPLE NEED TO HONOR THEIR CONTRACTS. THIS CONTRACT WAS FOR 51 MONTHS AND IT'S SUPPOSED TO END THIS MONTH, THE 51 MONTH. NOW THEY WANT 390 DAYS. THAT'S THE DELAY. SO FOR 390 DAYS DELAY, THEY'RE SAYING, OKAY, WE NEED $899,000. THIS IS GETTING UNBELIEVABLE. I'LL COME BACK WITH THIS ONE, BUT WE'RE GOING TO HAVE TO STOP DOING THIS WITH TAXPAYERS MONEY. WE ARE THE THE COUNCIL IS THE STEWARDS. THE STAFF GIVE YOU THESE PERCENTAGE. 4.2. NO, IT'S NOT IT'S 30%. THAT'S THE CONTRACT. THE CONTRACT WITH 2.1 MILLION, NOT 70 MILLION. THANK Y'ALL. HAVE A GOOD ONE. THANK YOU MAYOR. CITY MANAGER. MAYOR. THE THE ENGINEER MADE A VERY IMPORTANT POINT. AND I THINK THAT POINT NEEDS TO BE REECHOED FOR THE GENERAL PUBLIC AND FOR THE EDIFICATION OF THE CITIZENS AS WELL. ONE, YOU'RE DEALING WITH A BROAD FIELD. IT'S A

[01:15:09]

BROWNFIELD. OKAY. TWO, YOU'RE DEALING WITH A PROJECT THAT COSTS $30,000,000.40 YEARS AGO, AND THERE ARE NO US BUILDS. THE WORLD WAS AS BUILT IN IN OTHER TERMS. YOU CANNOT FIND THE PAPER IN THE ARCHIVES OF THE CITY WHERE THAT WAS BUILT 40 YEARS AGO. IT DOESN'T EXIST.

BECKY ON THE HILL WENT WITH THE CITY MANAGER AND THE MAYOR TO NEW YORK 40 YEARS AGO TO NEGOTIATE FOR $30 MILLION TO BUILD THIS FACILITY. THE PRICE THAT WE STARTED OFF WITH WAS $68 MILLION, AND IT HAS MUSHROOMED BECAUSE YOU'RE DEALING WITH A BROWNFIELD. I WOULD ENCOURAGE CITIZENS, IF THAT'S BEEN ALLOWED, AND THE NEW MEMBERS OF THE COUNCIL TO VISIT THE SITE, YOU CANNOT PICK UP A PIECE OF INFRASTRUCTURE LIKE A WASTEWATER TREATMENT PLANT AND BOOM, PUT IT ON THE WEST SIDE. IT DOESN'T HAPPEN. IT WILL COST $1 BILLION BECAUSE IT MEANS THAT YOU HAVE TO REDIRECT ALL, ALL THE UNDERGROUND INFRASTRUCTURE IN ANOTHER DIRECTION. IT'S TOTALLY IMPOSSIBLE FOR IT TO HAPPEN. SO WHEN YOU HEAR PEOPLE COME HERE AND TALK ABOUT WHAT YOU JUST HEARD, FOLKS THINK TWICE. IT DOESN'T HAPPEN LIKE THAT. NO, IT IT IS ALMOST IT CANNOT BE ENGINEERED AND IT CANNOT HAPPEN THE WAY THAT IT IS STATED. JUST THINK ABOUT IT A LITTLE BIT. JUST THINK ABOUT IT. THIS IS FOOD FOR THOUGHT. IT WAS A $60 MILLION PROJECT THAT HAS MUSHROOMED INTO SINCE I'VE BEEN THERE ON 10 OR 15 OCCASIONS, AND YOU'VE GOT TO TIP TOE AROUND THE PROJECT TO MAKE SURE THAT YOU DO NOT FALL IN A THING OF SLUDGE. BECAUSE AS SOON AS YOU DIG A HOLE THERE. SO WHAT POPS UP OVER THERE? AND THAT IS THE REALITY OF THE SITUATION THOUGH. YOU HAD TO CREATE AN INFRASTRUCTURE, BRAND NEW INFRASTRUCTURE AROUND EXISTING INFRASTRUCTURE AGAIN, BECAUSE YOU CANNOT PICK IT UP AND PUT IT ON THE WEST SIDE OR PUT IT ON NEW REAL ESTATE, YOU CANNOT. IT'S MIRACULOUSLY IMPOSSIBLE TO DO IT. SO WE MUST LISTEN AND WE MUST LISTEN CLOSELY AND AVOID ALL THIS JIBBER JABBER THAT WE'RE TALKING ABOUT. THANK YOU. THANK YOU, CITY MANAGER. WE'RE READY TO VOTE. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? THE AYES HAVE IT. THE RESOLUTION PASSES. WE'RE GOING TO MOVE NOW

[VIII.A.(4) P.R. No. 25025 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Councilmember Pena)]

TO NUMBER FOUR BECAUSE WE'VE ALREADY APPROVED NUMBER THREE PR NUMBER 25025. A RESOLUTION APPOINTING AND REAPPOINTING A MEMBER OR MEMBERS TO THE PORT ARTHUR POLICE CHIEF ADVISORY COMMITTEE REQUESTED BY COUNCIL MEMBER PENA. MAY I GET A MOTION FOR APPROVAL? SO MOVED. SECOND.

WOULD I GET A SECOND? OKAY. COUNCIL MEMBER JONES. ALL IN FAVOR, SAY AYE. OH. DO YOU HAVE A NAME? WELL, I DON'T KNOW ABOUT TONY FIGARO. YES. OKAY. GOT IT. ALL IN FAVOR, SAY AYE.

AYE. ANY NO'S? THE AYES HAVE IT. THE RESOLUTION PASSES. LET'S MOVE TO NUMBER FIVE. PR NUMBER 25026. A RESOLUTION APPOINTING A REAPPOINTING A MEMBER OR MEMBERS TO THE BEAUTIFICATION COMMITTEE REQUESTED BY COUNCIL MEMBER PENA. CAN I GET A MOTION FOR APPROVAL? SO MOVED. IT'S BEEN MOVED. I NEED A SECOND. SECOND? IT'S BEEN. MISS MAYOR, I'M GOING TO HAVE TO RECUSE MYSELF FROM THIS ONE BECAUSE. YEAH. OKAY. WELL YOU CAN AND ALSO FROM ITEM SEVEN AND EIGHT.

OKAY. YOU WANT TO STEP AWAY FROM THE DAIS, THEN YOU CAN. YEAH. OKAY. I GOT A MOTION AND A SECOND. ANY QUESTIONS? ALL IN FAVOR, SAY AYE. I, I NAME, PLEASE, ELENA GONZALEZ AND MARTHA LADA CRUZ. OKAY. GOT IT. ALRIGHT. ALL IN FAVOR, SAY AYE. THE AYES HAVE IT. ANY NO'S? I'M

[VIII.A.(6) P.R. No. 25027 - A Resolution Appointing And/Or Reappointing A Director Or Directors To The Port Arthur Economic Development Corporation (Requested By Councilmember Pena)]

SORRY. THE AYES HAVE IT. THE RESOLUTION PASSES NUMBER SIX. PR NUMBER 25027. A RESOLUTION APPOINTING AND REAPPOINTING A DIRECTOR OR DIRECTORS TO THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION, REQUESTED BY COUNCIL MEMBER PENA. CAN I GET A MOTION FOR APPROVAL? SO MOVED. SECOND. IT'S BEEN MOVED IN. SECOND. CAN I GET A NAME? OSMAN. SWATI. ALL

[01:20:04]

RIGHT, ALL IN FAVOR, SAY AYE. ANY NOS. THE AYES HAVE IT. THE RESOLUTION PASSES. NUMBER SEVEN.

[VIII.A.(7) P.R. No. 25028 - A Resolution Appointing A Member Or Members To The Pleasure Island Advisory Commission (Requested By Councilmember Pena)]

PR NUMBER 25028. A RESOLUTION APPOINTING A MEMBER OR MEMBERS TO THE PLEASURE ISLAND ADVISORY COMMISSION REQUESTED BY COUNCILOR PENA. I GET A MOTION FOR APPROVAL. SO MOVED. SECOND, IT'S BEEN MOVED AND PROPERLY. SECOND. ANY QUESTIONS? I NEED A NAME. ELENA GONZALEZ. ALL IN FAVOR, SAY AYE. ANY NO'S. THE AYES HAVE IT. THE RESOLUTION PASSES NUMBER EIGHT. PR NUMBER

[VIII.A.(8) P.R. No. 25029 – A Resolution Appointing A Member To The Port Arthur Youth Advisory Council (YAC) (Requested By Councilmember Warren Pena).]

25029. A RESOLUTION APPOINTING A MEMBER TO THE PORT ARTHUR YOUTH ADVISORY COUNCIL. YAK REQUESTED BY COUNCIL MEMBER WARREN PENA. CAN I GET A MOTION FOR APPROVAL? SO MOVED. SECOND, IT'S BEEN MOVED IMPROPERLY. SECOND. ANY QUESTIONS? CAN I GET A NAME? DALIA PENA. OKAY.

ALL IN FAVOR, SAY AYE. I ANY NOS. THE AYES HAVE IT. THE RESOLUTION PASSES. PR NUMBER

[VIII.A.(9) P.R. No. 25031 – A Resolution Appointing A Member And/Or Members To The Charter Advisory Committee (Requested By Mayor Moses And Councilmember Pena).]

25031, A RESOLUTION APPOINTING A MEMBER AND OR MEMBERS OF THE CHARTER ADVISORY COMMITTEE REQUESTED BY MAYOR MOSES AND COUNCIL MEMBER PENA. CAN I GET A MOTION FOR APPROVAL? SECOND MOVED IN SECOND. THE QUESTIONS. MY NAME THAT I'M PUTTING IS MORRIS ALBRIGHT, COUNCILMEMBER PENA'S NAME, LINDA BAKER AND STEWART SALTER. OKAY. ALL IN FAVOR, SAY AYE. ALL IN FAVOR? YES. YEAH. OH, IS IT ON HERE? HIS NAME. DID YOU SEE THAT? I THOUGHT I SAW THE ATTACHMENT, YES. I'M SORRY. COUNCILMEMBER JONES NAME SHOULD HAVE BEEN ADDED TO THIS RESOLUTION AS WELL. CITY SECRETARY, BECAUSE HE HAD AN APPOINTMENT. ERIC GUIDRY OKAY, WE HAVE IT. OKAY.

THANK YOU. ALL IN FAVOR, SAY I, I AND HE KNOWS. OKAY, THE AYES HAVE IT. THE RESOLUTION PASSES.

[VIII.A.(10) P.R. No. 25037 – A Resolution Authorizing The City Manager To Amend The Contract With Lloyd Gosselink Rochelle & Townsend, P.C. (“Lloyd Gosselink”) For Professional Legal Services Related To State Of Texas Vs. City Of Port Arthur, Texas, Cause No. D-1-GN001285 In The 201st District Court Of Travis County, Texas, To Increase Funding In By $100,000.00, For A New Total Contract Amount Not To Exceed $245,000.00; Funding Is Available In Water Utilities Professional Services Account No. 410-40-200-5420-00-00- 000 To Cover The Increased Costs. (Part 1 of 2)]

ALL RIGHT. WE'RE GOING TO MOVE TO NUMBER TEN. PR NUMBER 25037. A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT WITH. OH, WAIT A MINUTE, GUYS. I WANT TO KNOW IF WE WANTED TO HOLD THIS UNTIL AFTER EXECUTIVE SESSION NUMBER TEN UNTIL AFTER EXECUTIVE SESSION. WE'LL DISCUSS IT AND THEN COME BACK. OKAY. WE'RE GOING TO MOVE TO NUMBER 11 PR.

OH, DO I HAVE TO I DON'T HAVE TO HAVE A MOTION TO HOLD THAT. I THINK WE'RE JUST MOVE IT

[VIII.A.(11) P.R. No. 25041 – A Resolution Authorizing The City Manager To Execute A Consent To Use The Easement Area (Encroachment Agreement) With Colonial Pipeline Company For The Construction, Installation, Operation, Maintenance, Repair, Replacement, And Improvement Of A Portion Of The Highway 365 Sanitary Sewer Force Main Project Located Along FM 365 Near Sassine Avenue And Riley Street In Port Arthur, Texas]

AFTER. YEAH. PR NUMBER 25041. A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A CONSENT TO USE THE EASEMENT AREA ENCROACHMENT AGREEMENT WITH COLONIAL PIPELINE COMPANY FOR THE CONSTRUCTION INSTALLATION OPERATION, MAINTENANCE, REPAIR, REPLACEMENT AND IMPROVEMENT OF A PORTION OF THE OF HIGHWAY 365 SANITARY SEWER FORCE MAIN PROJECT LOCATED ALONG FM 365 NEAR SASSINE AVENUE AND RALEIGH STREET IN PORT ARTHUR, TEXAS. CAN I GET A MOTION FOR APPROVAL? SO MOVED. SECOND, IT'S BEEN MOVED. AND SECOND, ANY QUESTIONS? YES, MA'AM. YES.

COUNCIL MEMBER. JACOBS. YES, MA'AM. THIS QUESTION IS FOR CITY MANAGER. SO I JUST KIND OF HAVE A COUPLE GENERAL QUESTIONS TRYING TO UNDERSTAND WHAT THIS THE MAKEUP, I GUESS, OF THIS AGREEMENT WITH COLONIAL PIPELINE. SO WE CURRENTLY. WE CURRENTLY HAVE DO WE CURRENTLY HAVE AN MOU WITH THEM FOR THE UTILITY CORRIDOR, OR IS THAT A CONTRACTUAL AGREEMENT? CALVIN YOU CAN GO AHEAD. WE'RE CROSSING A SERIES OF PIPELINES WITH A NEW FORCE MAIN THAT'S HANDLES ALL OF THE WALMART AREA SEWER. AND WE'RE GOING FROM A SMALL PIPE TO A LARGE PIPE FOR FUTURE DEVELOPMENT. SO WE CAN BARELY HEAR YOU IF YOU COULD TALK. IT'S ALSO UNDER A SPECIAL ENVIRONMENTAL PROJECT. SO WE HAVE AN EASEMENT FROM THE LANDOWNER. THIS PIPELINE IS ONE OF THE PIPELINES IN THE CORRIDOR. AND WE HAVE TO HAVE AN ENCROACHMENT AGREEMENT TO GO.

I THINK WE'RE GOING UNDER THEIR PIPELINE. RIGHT. AND THEN SO WE'VE THERE'S BEEN MANY, MANY PIPELINE EASEMENTS ALONG. 365. WE HAVE ONE MORE BIG ONE COMING THAT WILL COME IN IN A FEW WEEKS. SO MY QUESTION IS MORE SO IN, I THINK THAT THE, THE RESOLUTION AS IT STANDS, IT KIND OF IT'S KIND OF TANGENT TO WHAT MY QUESTION REALLY IS GETTING TO. SO OUR CURRENT. DO WE CURRENTLY HAVE AN AGREEMENT OR AN MOU WITH COLONIAL PIPELINE FOR THAT UTILITY CORRIDOR? I CAN'T THAT'S IN PRIVATE PROPERTY. I HAVE NO IDEA. OKAY. I MEAN, IT'S

[01:25:05]

THERE'S A LOT OF COLONIAL PIPELINES IN THE CITY, SO I DON'T KNOW. OKAY. SO I'LL GET TO THE SPIRIT OF MY QUESTION THEN ALL THROUGHOUT DISTRICT FOUR, BUT ESPECIALLY AREAS OF DISTRICT FOUR THAT BORDER THE RAILROAD THAT RUNS PARALLEL TO WEST PORT ARTHUR ROAD, THERE IS A LOT OF DISRUPTION OF RESIDENTIAL TRAFFIC AS WELL AS RESIDENTIAL POWER AS A RESULT OF COLONIAL PIPELINE'S PRESENCE, ESPECIALLY AT THE ENTRANCE TO TO THE EL VISTA NEIGHBORHOOD, RIGHT WHERE THE BLUE WATER TOWER IS. THAT IS THE INTERSECTION OF WEST PORT ARTHUR ROAD AND 60TH STREET STREET. AND SO THIS MY QUESTION STEMS FROM THAT UNDERSTANDING THAT I GUESS WE DO NEED TO ENCROACH ON THAT EASEMENT. UNDERSTOOD. FOR THE SANITARY SEWER LINE, THAT HAS TO BE REPLACED. HOWEVER, IN TERMS OF OUR CURRENT AND STANDING RELATIONSHIP WITH COLONIAL PIPELINE AND THE VARIOUS EASEMENTS THAT IT SEEMS THAT THEY HAVE. MY QUESTION AGAIN, THE SPIRIT OF MY QUESTION IS WANTING TO UNDERSTAND WHAT TYPE OF UNDERLYING AGREEMENT OR MOU DO WE HAVE ESTABLISHED WITH THEM. THAT'S NOT OUR WATER UTILITIES QUESTION. LET ME ATTEMPT. IN MY EXPERIENCE, FOR THE LAST 18 YEARS FROM THE PLANNING DEPARTMENT, AS WE DEAL WITH THOSE REQUESTS, WHEN THEY COME UP, THEY ARE DEALT WITH ON AN AS NEEDED BASIS. THERE IS NO UNIVERSAL MOU WITH EITHER COLONIAL OR ANY OTHER PIPELINE COMPANY THAT WE WORK WITH IN THE CITY, BECAUSE THERE IS SUCH A WEB OF PIPELINES THROUGHOUT THE CITY THAT CRISSCROSS ALMOST EVERY FACET AND EVERY ZONING AREA IN THE CITY, THAT IT'S ALMOST IMPOSSIBLE TO KEEP UP WITH IT. AND SO THE ANSWER IS NO. AND AS SOON AS THEY COME UP, WE DEAL WITH THEM THROUGH A LOT OF THEM AS THEY CONTINUE TO APPLY FOR THE PIPELINE PERMITS.

WE DEAL WITH THEM THROUGH THE ENGINEERING DEPARTMENT AND AND OTHER DEPARTMENT AND THROUGH THE LEGAL DEPARTMENTS. SOME OF THEM WE DO NOT EVEN KNOW WHERE THEY EXIST BECAUSE EXISTING PAPERWORK AND DOCUMENTATION IS NOT THERE. AND EVEN WHEN SOME OF THEM ARE BEING ABANDONED, WE SAW IT WHEN WE WERE WORKING IN THE AREA THAT WE CAME ACROSS A PIPELINE THAT WAS NO LONGER CARRYING PRODUCT. AND IT DID LEAD US FOR ABOUT ALMOST A YEAR BECAUSE WE COULDN'T FIND THE OWNER OF RECORD. AND THE TC GOT INVOLVED. BUT TO ANSWER THE QUESTION, IT'S NO, WE DEAL WITH IT AS AN NEEDED BASIS. HOWEVER, THERE IS AN OPPORTUNITY WITH GIS TO CONTINUE TO WORK WITH THOSE PIPELINE COMPANIES TO MAKE SURE, AS THEY CONTINUE TO DO NEW DEVELOPMENTS, THAT WE RECORD THEM IN GIS FOR REASONS OF PROSPERITY, SO THAT THERE WILL BE A RECORD FOR FUTURE GENERATIONS AS WELL. BUT A LOT OF WHAT WE HAD, A LOT OF WHAT WE HAVE IS NOT RECORDED IN GIS ANYWHERE, RIGHT? BUT WE ARE WE'RE WE'RE TAKING ADVANTAGE OF THAT OPPORTUNITY, THOUGH, TO RECORD IT. IT'S A GOOD QUESTION. YEAH. NO, AND I WOULD I WOULD OFFER THAT I DON'T THINK THE CITY IS POWERLESS WHEN IT COMES TO HOLDING THESE PIPELINE COMPANIES AND THEIR EASEMENT RESPONSIBLE FOR BEING GOOD NEIGHBORS. THEY ARE TERRIBLE NEIGHBORS. IF I IF I MAY BE FRANK, AS I MENTIONED, THAT SPECIFIC INTERSECTION, I'M INTIMATELY KNOWLEDGEABLE OF IT BECAUSE I TRAVEL IT ALMOST EVERY DAY. IT IS NEAR CLOSE FAMILY MEMBERS AND THE LEVEL OF INCONVENIENCE THAT IS CAUSED TO THE MEMBERS OF THAT NEIGHBORHOOD, I DON'T THINK IT'S EXPERIENCED ANYWHERE ELSE IN THE CITY, TO BE HONEST WITH YOU. AND THAT IS LITERALLY DUE TO COMPANIES SUCH AS COLONIAL PIPELINE. I'LL SAY THEIR NAME AND THE WORK THAT THEY ARE DOING. THE EASEMENT THAT THEY HAVE BEEN GIVEN IS LITERALLY AT A VERY HIGH TRAFFIC ENTRANCE TO A NEIGHBORHOOD, A RESIDENTIAL NEIGHBORHOOD THAT IS HOME TO, I WOULD SAY, PROBABLY IN THE NEIGHBORHOOD OF 3 TO 4000 PORT ARTHURANS. AND THERE ARE TWO THERE ARE TWO WAYS IN AND OUT OF THAT NEIGHBORHOOD. AND THE DISRUPTION CAUSED TO THAT ENTRANCE EXIT IS, IS VERY, VERY, VERY INCONVENIENT. BUT BEYOND INCONVENIENCE, THERE'S TYPICAL NOT JUST TRAFFIC DISRUPTION,

[01:30:09]

BUT WE'RE TALKING ABOUT TO THE ACTUAL PAVEMENT OF THE STREET, RIGHT? POWER OUTAGES, THE INTERRUPTION OF WATER SERVICE WITHOUT WARNING AS A RESULT OF THAT PARTICULAR EASEMENT. AND AGAIN, I'M SURE THERE ARE OTHER PIPELINE COMPANIES THAT ARE BACK THERE, BUT THEIRS IS IS PROBABLY MOST VISIBLE BECAUSE OF THE WORK THAT'S BEEN BEING PERFORMED FOR THE PAST 2 TO 3 YEARS. AND SO, IF I MAY, THAT IS A HUGE CONCERN OF MINE. AND SO WHEN I SAW THIS ITEM ON THE AGENDA IN OUR, YOU KNOW, POTENTIAL PREPARATIONS TO ENTER AN MOU WITH THEM TO ENCROACH ON THEIR EASEMENT THAT ALSO ENCROACHES ON OUR NEIGHBORHOODS, I COULD NOT I'D BE REMISS IF I DIDN'T BRING THIS FORWARD. SO I THINK WE NEED TO MAKE A MORE CONCERTED EFFORT AND EXPLORE WAYS TO BE. ENFORCE, ENFORCE. I DON'T KNOW, I CAN'T CALL IT COMPLIANCE BECAUSE IT'S THEM BEING A GOOD NEIGHBOR, BUT JUST TO HOLD THEM TO THE STANDARD OF BEING A BETTER NEIGHBOR TO OUR COMMUNITY. YEAH. AND I TOTALLY AGREE WITH YOU. YOU MIGHT HAVE BEEN LISTENING TO THE CONVERSATION THAT I WAS HAVING WITH SUE HILL ABOUT THE PRICE, WHAT WE CHARGE, COLONIAL PIPELINES AND THIS OTHER PIPELINE COMPANIES FOR A PERMIT. THE AMOUNT IS ABSURDLY RIDICULOUS, AND IT'S BEEN ON THE BOOKS FOR THE LAST 30 YEARS, 40 YEARS, YOU KNOW, WE HAVE DONE SOME RESEARCH. AND WHEN YOU LOOK AT CITIES AS BELLEVUE, MOUNT BELLEVUE, BAYTOWN, HOUSTON, A PIPELINE COMPANIES PAYS ABOUT $21,000 FOR A PERMIT. WE CHARGE $1,500. AND SO WE ARE LOOKING AT IT TO REVIEW THE PIPELINE ORDINANCE. AND I THINK THAT'S WHERE IT GOES TO ONCE WE GET THE MONEY FROM THE PIPELINE COMPANIES. BUT WE REINVEST IT IN OUR INFRASTRUCTURE FOR OUR WATER. THE SAME THING THAT YOU'RE TALKING ABOUT, OUR WATER, THE WASTEWATER THAT'S BEEN DISRUPTED, THE CONDITION OF THE STREETS, YOU KNOW, BUT WE REINVEST IT IN OUR INFRASTRUCTURE. SO PRESENTLY WE ARE HAVING THAT DISCUSSION AND WE'RE LOOKING AND SEE WHO IS RESPONSIBLE IN TERMS OF STAFF, WHERE DO WE PUT IT, YOU KNOW, AND WE WE'RE REVIEWING THE POLICY, THE PIPELINE PERMIT POLICY, AND WE'LL BRING IT TO YOU FOR APPROVAL. OKAY. THANK YOU. COUNCIL MEMBER GATEWOOD. THANK YOU MAYOR. HE ACTUALLY JUST ANSWERED MY QUESTION BECAUSE THAT WAS GOING TO BE MY MY NEXT QUESTION, UNDERSTANDING THAT WHEN WE HAVE COMPANIES THAT COME IN, SUCH AS THE COLONIAL PIPELINE AND UNDERSTANDING THAT THAT WE HAVE NO FORMAL MOU WITH THEM, JUST UNDERSTANDING WHAT OUR PROCESSES ON THE RESIDENTIAL SIDE TO MAKE SURE THAT THE RESIDENTS, WHILE THESE WHILE THESE PROJECTS ARE TAKING PLACE, MAKING SURE THAT WHEN THEIR SERVICES ARE DISRUPTED, THAT THEY'RE TAKEN CARE OF AND HOLDING THESE COMPANIES ACCOUNTABLE FOR SAID INCONVENIENCES AND ENSURING THAT IN THE BEGINNING, THAT OUR CITIZENS ARE WELL AWARE TO KNOW THAT WHEN THEY COME IN, THESE ARE SAID DISRUPTIONS THAT WE CAN EXPECT. BUT THIS IS WHAT YOU CAN EXPECT THE CITY TO DO TO REMEDY SAID SITUATIONS ON YOUR END. SO WHAT WE UNDERSTAND THAT IT'S IMPORTANT THAT WE HAVE THESE PIPELINES, BUT ALSO WE CONTINUE TO KEEP THE CITIZENS AT THE FOREFRONT OF UNDERSTANDING THAT AS THESE CONSTRUCTIONS ARE UNDERWAY, OUR CITIZENS ARE TAKING CARE OF.

OKAY. COUNCILMEMBER JACOBS? YES, MA'AM. I JUST HAVE ONE MORE COMMENT. I WOULD ASK THAT WE EXPLORE WHEN AVAILABLE, BECAUSE I KNOW THERE ARE PROBABLY LIMITATIONS AROUND THIS, BUT WHEN AVAILABLE, WE EXPLORE. THE SUGGESTION OF OTHER ROUTING OPTIONS FOR PIPELINE EASEMENT.

AND I DON'T WANT TO GET INTO A LONG TANGENT ABOUT PIPELINES, BUT OUR HANDS ARE NOT AS TIED BEHIND OUR BACKS AS WE WOULD LIKE TO THINK. WHEN IT COMES TO THE ROUTING OF PIPELINES THROUGH OUR CITY. AND AGAIN, I CAN SPEAK FOR DISTRICT FOUR BECAUSE I'VE LIVED THERE MY WHOLE LIFE. THE THE NUMBER, THE SHEER NUMBER OF PIPELINES THAT HAVE BEEN ADDED OVER THE PAST, I DON'T KNOW, 5 TO 6 DECADES IS ASTRONOMICAL. AND THERE ARE OTHER OPTIONS. WE ARE NOT TIED TO HAVING TO HAVE THEM RUN PARALLEL TO THE RAILROAD THAT RUNS PARALLEL TO WEST PORT ARTHUR ROAD. WE'RE NOT TIED TO HAVING THEM RUN PARALLEL TO HIGHWAY 73. THERE ARE OTHER OPTIONS THAT COULD SHOW MORE OF A CONSIDERATION TO THE RESIDENTS OF THESE NEIGHBORHOODS THAN THE CONSTANT INTRUSION THAT WE SEE THAT CAUSES THESE TYPES OF DISRUPTIONS, ESPECIALLY WHEN UNCHECKED. SO WITH THAT, I COMPLETE MY STATEMENTS. OKAY.

[01:35:05]

ANY QUESTION, ANY OTHER QUESTIONS? CITY MANAGER WHO GIVES THE APPROVAL TO THE PIPELINES WHEN THEY COME THROUGH DOES IT OUR PLANNING DEPARTMENT, IT'S IT'S THE WE HAVE A PIPELINE COMMITTEE IN PLACE THAT'S BEEN ESTABLISHED BY ORDINANCE, AND WE WORK AS A PARTNER TO ENFORCE TO ENSURE THAT WE APPROVE THE PIPELINE PERMITS THAT HAVE BEEN UP THAT'S BEEN APPLIED FOR ON A CASE BY CASE BASIS. LET ME SHARE SHARE WITH THE COUNCIL TO MAYOR. THE SIGNIFICANCE OF THE CITY OF PORT ARTHUR ON A STATE BASIS AND ON A NATIONAL BASIS, CANNOT BE UNDERSCORED. PORT ARTHUR IS THE ENERGY CITY OF AMERICA, AND WE PROCESS TAR SANDS THAT COMES ALL THE WAY FROM CANADA. IT ENDS UP IN PORT ARTHUR AND THEN GOES WITH SOME MINIMAL FORM OF PROCESSING AND THEN GOES TO HOUSTON. WE'VE GOT TO ABIDE BY STATE LAW BECAUSE OF THE IMPORTANCE AND THE SIGNIFICANCE OF THOSE PIPELINES TO THE NATIONAL SECURITY OF THE UNITED STATES. AND WE HAVE VERY LITTLE WIGGLE ROOM AS FAR AS THAT IS CONCERNED. IT'S BETTER IF WE CONTINUE TO PLAY IN THE SANDBOX WITH BOTH STATE GOVERNMENT AND FEDERAL GOVERNMENTS. AS FAR AS THOSE ARE CONCERNED, AND TAKE INTO CONSIDERATION THE SAFETY AND SECURITY OF OUR RESIDENTS AND OF THE REAL ESTATE INVESTMENTS IN HERE. AS CITIZENS OF PORT ARTHUR. BUT IT'S IN THEIR. THERE ARE DIFFERENT WAYS TO SKIN THE CAT. AND ONE OF THE WAYS THAT WE CAN SKIN THAT CAT IS TO CONTINUE TO ENSURE THAT WE HAVE THE LOCAL POLICIES OR WE HAVE UPDATED OUR LOCAL POLICIES TO KEEP AHEAD AND ABREAST OF WHAT'S TAKING PLACE AT THE STATE AND NATIONAL LEVEL, BECAUSE WE CAN ALWAYS DO THAT. WE HAVE CERTAIN AGREEMENTS WITH COLONIAL AND OTHER PIPELINE COMPANIES. FOR OVER THE YEARS, WE HAVE CHARGED A MINIMAL.

APART FROM THE PERMIT FEES, WE HAVE CHARGED A MINIMAL AMOUNT FOR. THE LEGAL DEPARTMENT HAS DRAFTED A LETTER. SOME OF THOSE AGREEMENTS COME TO AN END, AND WE ARE ASKING THEM TO COME TO THE TABLE WITH US, COME TO THE TABLE, BECAUSE THE AMOUNT THAT WE HAVE PAID TO THE CITY IS ABSURD. IT'S ABSURD. IT'S JUST ABSURD IN THE PAST. AND SO WE ARE TELLING THEM THAT YOU'RE MAKING BILLIONS OF DOLLARS HERE, BILLIONS, TRILLIONS. SOMETIME YOU NEED TO PUT A LITTLE BIT MORE SKIN IN THE GAME, MAN. COME ON, YOU GOT TO. AND SO WE GOT BOTH THE CITY ATTORNEY AND MYSELF. WE'RE GOING TO HOLD THEM RESPONSIBLE, YOU KNOW, SAY PUT SOME MORE SKIN IN THE GAME BECAUSE YOU'RE HERE. YOU'RE MAKING A FORTUNE OUT OF IT. IT'S WE ARE WORKING TOWARDS THE WELL-BEING OF OUR CITIZENS AND IMPROVING THIS INFRASTRUCTURE AND THE LIVELIHOOD OF OUR CITIZENS. YOU KNOW, WE JUST EXPECT YOU TO PUT A LITTLE BIT MORE IN THE GAME, MORE SKIN IN THE GAME. THANK YOU. BUT WE WOULD. IS THERE A PIPELINE POLICY PROBABLY WE COULD PROVIDE TO OUR COUNCIL THAT WE HAVE TO ABIDE BY? I KNOW YOU MENTIONED STATE AND FEDERAL LAW, BUT WE REALLY NEED TO PROVIDE, I THINK, THE NEW COUNCIL WITH WHAT WHAT GUIDELINES WE FOLLOW, BECAUSE I THINK PROPERTY OWNERS HAVE THE RIGHT. AND THEY COME. TO THE CITY FOR THEIR APPROVAL.

YES, MA'AM. FOR THAT TO GO THROUGH THEIR PROPERTY. AND WE DO HAVE A PUBLIC HEARING AS WELL. YES, MA'AM. AND WE DO HAVE PUBLIC HEARINGS, THOUGH WE DO HAVE PUBLIC HEARINGS. YES.

IF THERE'S NO OPPOSITION, NO CITIZENS GIVING A RIGHT TO THOSE BECAUSE THEY'RE MAKING MONEY, THE CITIZENS ARE AND THEY GIVE THAT RIGHT TO THESE PIPELINES FOR THE MONEY. SO WE REALLY NEED TO HAVE COUNCIL MEMBERS. AND I DON'T I DON'T KNOW IF I'M CORRECT, BUT I JUST BELIEVE THAT THAT'S WHAT HAPPENED. I HAD SOME LAND FOR SALE ON 365. AND THE THE OWNERS HAD GIVEN AND SOLD TO COLONIAL PIPELINE FOR MONEY TO KEEP THAT PROPERTY TO, TO SELL. THEY WANTED TO MAKE MONEY OFF THE PROPERTY WHILE WE HAD IT ON THE MARKET. AND SO THEY WERE MAKING MONEY OFF OF THAT AND AGREED TO THE PIPELINE GOING THROUGH THEIR PROPERTIES. AND IT WAS A IT WAS A STATE AND FEDERAL PROGRAM THAT THEY HAD TO HAVE THAT PIPELINE FOR. SO I'M JUST SAYING THERE IS THERE IS POLICY AND THAT WE NEED TO BE APPRIZED OF WHAT THAT IS. SO THE COUNCIL MEMBERS WILL KNOW WHAT THAT IS AND WHERE OUR WHERE WE SIT AT THE CITY COUNCIL STARTS AND

[01:40:05]

STOPS, AND PERSONAL RESIDENTS HAVE A RIGHT TO DO WHAT THEY WANT TO DO ON THEIR OWN PROPERTY WITHOUT OUR CONSENT. OKAY. YOU'RE VERY, VERY MUCH CORRECT, MAYOR. VERY MUCH CORRECT. YES. A LOT OF THE CITIZENS WHO APPLY, WHO COME TO THE PUBLIC HEARING AND THEIR PROPERTY IS BEING AFFECTED, THEY RECEIVE MONETARY COME EITHER ON AN ANNUAL BASIS OR FOR THE REST OF THE LIFETIME OF THE PIPELINE AS IT RUNS THERE. THEY RECEIVE ROYALTIES. YES, THEY DO FROM THE REST. SO THEY AGREE. SOME OF THEM HAVE AGREED IN WRITING TO THOSE PIPELINES CRISSCROSSING THEIR PROPERTY, EVEN IF THEY MAY BE AWARE OF THE DANGERS THAT IT MAY POSE OR THE INCONVENIENCES. YEAH, I HAD 35 ACRES ON 365 AND THEN 18 ACRES, AND THEY ALL HAD COME TO AN AGREEMENT WITH A PIPELINE TO BE ABLE TO BE PAID. AND THAT WAS A DIFFICULT IN SELLING THE PROPERTY. BUT WE DID EVENTUALLY GET IT SOLD. BUT THANKS. BUT THAT PIPELINE THEY HAD, THEY'RE STILL RECEIVING MONEY FROM THE PIPELINE AND THE SALE OF THE LAND. SO. ALL RIGHT. THANKS.

ALL IN FAVOR, SAY I OH, I'M SORRY, WHAT'S GOING ON? YEAH. ONE ONE QUICK QUESTION. CITY MANAGER CHRISTY, THE PIPELINE COMMITTEE IS STILL INTACT. YES. YEAH. OH, YEAH IT IS. YES IT IS.

YEAH. IT STILL FUNCTIONS ON AN AS NEEDED BASIS. IF THERE IS AN APPLICATION FOR AN ADMINISTRATIVE PERMIT OR FOR A LARGE PERMIT, THE PIPELINE COMMITTEE DOES MEET AND THE PIPELINE COMMITTEE IS APPOINTED BY EACH MEMBER OF THE COUNCIL APPOINTS PEOPLE TO THE PIPELINE COMMITTEE. I HADN'T MADE AN APPOINTMENT YET OR I DON'T KNOW WHO ELSE. YEAH, NO, I EVERYBODY I HAVE THERE'S AN EXISTING PIPELINE COMMITTEE. I DON'T HAVE AN APPOINTMENT. YES, YES, YES. SO THERE IS AN ALREADY EXISTING COMMITTEE. WHEN THE NEW APPOINTMENTS COMES, WE ALWAYS REQUEST. AND THERE SHOULD BE A LIST OF WHAT YOUR VACANCY SECRETARY CAN APPRIZE EVERYONE OF WHAT APPOINTMENTS THEY NEED TO MAKE AND WHAT OUTSTANDING THEY HAVEN'T DONE TO MAKE THOSE APPOINTMENTS. BUT THANKS SO MUCH. WE'RE READY TO VOTE. ALL IN FAVOR, SAY I, I ANY NOS. THE AYES HAVE IT. THE RESOLUTION PASSES. WE'RE GOING TO MOVE NOW TO NUMBER EIGHT.

[VIII.B.(1) P.O. No. 7419 – An Ordinance Amending Appendix A, Zoning, Of The Code Of Ordinances Of The City Of Port Arthur, Texas, By Approving A Zoning Map Amendment For Approximately 35.77 Acres Of Land Located South Of West Port Arthur Road And North Of Kerry Twin Thomas Drive, Legally Described As PT LTS 2 7 8, BLK 16, RG N & PT LTS 1 & 2, BLK 17 RG N & LT. 2, TR 2, 1.000, BLK 16, Range N PALCO Addition, City Of Port Arthur, Jefferson County, Texas, Changing The Zoning Classification From Light Industrial (LI) To Commercial General (CG) To Allow For The Construction & Operation Of An Amusement, Commercial (Indoor/Outdoor) Facility; Providing That Any Person Violating Any Provision Of This Ordinance Shall Be Deemed Guilty Of A Misdemeanor And, Upon Conviction, Shall Be Fined In An Amount Not To Exceed $2,000.00, As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, And That Each Day Such Violation Continues Shall Constitute A Separate Offense; Providing For Publication In The Official Newspaper Of The City Of Port Arthur; And Providing That This Ordinance Shall Become Effective Immediately Upon Publication.]

I'M SORRY. I'M GOOD. NUMBER EIGHT B ORDINANCES NON CONSENT. NUMBER ONE PR P OH. NUMBER 7419.

AN ORDINANCE AMENDING APPENDIX A ZONING OF THE CODE OF ORDINANCES FOR THE CITY OF PORT ARTHUR, TEXAS BY APPROVING A ZONING MAP AMENDMENT FOR APPROXIMATELY 35.77 ACRES OF LAND LOCATED SOUTH OF WEST PORT ARTHUR ROAD AND NORTH OF CARRIE TWIN DRIVE. THOMAS DRIVE.

LEGALLY DESCRIBED AS P T. LOT TWO, SEVEN EIGHT, BLOCK 16, RGN AND P T LOTS ONE AND TWO, BLOCK 17, R, G N AND LOT TWO. TRACK 21.00. BLOCK 16 RANGE N PALKO, ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. CHANGING THE ZONING CLASSIFICATION FROM LIGHT INDUSTRIAL TO COMMERCIAL GENERAL C G TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF AN AMUSEMENT COMMERCIAL INDOOR OUTDOOR FACILITY, PROVIDING THAT ANY PERSON VIOLATING ANY PROVISION OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE FINED IN AN AMOUNT NOT TO EXCEED $2,000 AS PROVIDED IN CHAPTER ONE, SECTION 1-13 OF THE CODE OF ORDINANCES, AND THAT EACH DAY SUCH VIOLATION CONTINUES, SHALL CONSTITUTE A SEPARATE OFFENSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON PUBLICATION. Z26-05 HERDS INVESTMENTS, LLC. MAY I GET A MOTION FOR APPROVAL? SO MOVED. CAN I GET A SECOND? WE HAVE A MOTION AND A SECOND. COUNCIL MEMBERS HAVE ANY DISCUSSIONS. WE HAD A PUBLIC HEARING ON THIS AT OUR LAST MEETING, AND SO IT'S ON FOR APPROVAL. ALL IN FAVOR, SAY I, I ANY NOS. THE AYES HAVE IT. THE ORDINANCE PASSES. IT'S MOVE

[VIII.B.(2) P.O. No. 7427 – An Ordinance Amending Appendix A, Zoning, Of The Code Of Ordinances Of The City Of Port Arthur, Texas, By Approving A Zoning Map Amendment For Approximately 0.2987 Acre Of Land Located At 2219 Canal Street, Legally Described As Part Of Lot 1, Block 32, And Lot 17, Block 7, Port Acres Subdivision, Port Arthur, Jefferson County, Texas, Said Property Being Located South Of Norma Street And North Of Canal Street, Changing The Zoning Classification From Low Density Residential (LDR) To Commercial Retail (CR) To Allow For The Re-Establishment And Operation Of A Car Wash; Providing That Any Person Violating Any Provision Of This Ordinance Shall Be Deemed Guilty Of A Misdemeanor And, Upon Conviction, Shall Be Fined In An Amount Not To Exceed $2,000.00, As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, And That Each Day Such Violation Continues Shall Constitute A Separate Offense; Providing For Publication In The Official Newspaper Of The City Of Port Arthur; And Providing That This Ordinance Shall Become Effective Immediately Upon Publication.]

NOW TO PAGE TEN. NUMBER TWO ORDINANCE NUMBER 7427. AN ORDINANCE AMENDING APPENDIX A ZONING OF THE CODE OF ORDINANCES FOR THE CITY OF PORT ARTHUR, TEXAS, BY APPROVING A ZONING MAP AMENDMENT FOR APPROXIMATELY 0.2987 ACRES OF LAND LOCATED AT 2219 CANAL STREET, LEGALLY DESCRIBED AS PART OF LOT ONE, BLOCK 32 AND LOT 17, BLOCK SEVEN, PORT ACRES SUBDIVISION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS, SAID PROPERTY BEING LOCATED SOUTH OF NORMA STREET AND NORTH OF CANAL STREET. CHANGING THE ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL LDR TO COMMERCIAL RETAIL CR TO ALLOW FOR THE ESTABLISHMENT AND OPERATING OF A CAR WASH, PROVIDING THAT ANY PERSON VIOLATING ANY PROVISION OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE FINED IN AN AMOUNT NOT TO

[01:45:05]

EXCEED $2,000 AS PROVIDED IN CHAPTER ONE, SECTION 1-13 OF THE CODE OF ORDINANCES, AND THAT EACH DAY EACH VIOLATION CONTINUES, SHALL CONSTITUTE A SEPARATE OFFENSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON PUBLICATION. Z26-04- KENNETH RAY RICE, JR. CAN I GET A MOTION FOR APPROVAL? SO MOVED. CAN I GET A SECOND? GOT A SECOND? ANY QUESTIONS? ALL IN FAVOR, SAY I, I ANY NO'S. THE AYES HAVE IT. THE RESOLUTION

[VIII.B.(3) P.O. No. 7439 – An Ordinance Authorizing The Sale Of A City-Owned Vacant Tract Of Land Located At 916 18th Street (PID #92335), Legally Described As Lot 4, Block 432, City Of Port Arthur Addition And Further Authorizing The City Manager To Execute A Special Warranty Deed For The Conveyance.]

PASSES NUMBER THREE PO NUMBER 7439. AN ORDINANCE AUTHORIZING THE SALE OF A CITY OWNED VACANT TRACT OF LAND LOCATED AT 916 18TH STREET. P I'D NUMBER 92335 LEGALLY DESCRIBED AS LOT FOUR, BLOCK 432 CITY OF PORT ARTHUR. ADDITION AND FURTHER AUTHORIZING CITY MANAGER TO EXECUTE A SPECIAL WARRANTY DEED FOR THE CONVEYANCE. CAN I GET A MOTION FOR APPROVAL? SO MOVED.

SO MOVED. I GOT A MOTION AND A SECOND. ANY QUESTIONS? ALL IN FAVOR, SAY I, I ANY NOSE. THE

[IX. (EXECUTIVE SESSION) (Part 1 of 2)]

AYES HAVE IT. THE THE ORDINANCE PASSES. WE WILL NOW MOVE TO GO INTO OUR CLOSED ITEM NUMBER NUMBER NINE CLOSED MEETING EXECUTIVE SESSION. THE CITY WILL NOW MOVE TO GO INTO OUR CLOSED EXECUTIVE SESSION PURSUANT TO THE FOLLOWING SECTIONS OF 551 TEXAS GOVERNMENT CODE NUMBER ONE, SECTION 55107 FOR PERSONNEL DUTIES, RESPONSIBILITIES AND PERFORMANCE EVALUATION OF THE CITY MANAGER AND CITY ATTORNEY. NUMBER TWO, SECTION 551071 LITIGATION. PHYLLIS PHIPPS VERSUS THE CITY OF PORT ARTHUR CALLS NUMBER C TWO. I'M SORRY, 26DCCV AS IN VICTOR 0589. AND THE 58TH DISTRICT COURT OF JEFFERSON COUNTY, TEXAS, NUMBER THREE, SECTION 551071 LITIGATION. ELVIRA JONES VERSUS CITY OF PORT ARTHUR CAUSE NUMBER 25DCCV AS IN VICTOR 2218 IN THE 60TH DISTRICT COURT OF JEFFERSON COUNTY, TEXAS. NUMBER FOUR, SECTION FIVE, 51071 LITIGATION. GREGORY BENSON VERSUS CITY OF PORT ARTHUR.

CIVIL ACTION NUMBER 125 CV 00585MAC IN THE US DISTRICT COURT OF THE EASTERN DISTRICT OF TEXAS. BEAUMONT, TEXAS. NUMBER FIVE, SECTION 551071 LITIGATION STATE OF TEXAS VERSUS THE CITY OF PORT ARTHUR, TEXAS. CAUSE NUMBER D1G AS IN GIRL. N AS IN NANCY 25001285.

AND THE 201ST DISTRICT COURT OF TRAVIS COUNTY, TEXAS, NUMBER SIX, SECTION 551071 LEGAL ADVICE INDUSTRIAL DISTRICT AGREEMENTS. NUMBER SEVEN, SECTION 551071 LEGAL ADVICE CONTRACT FOR THE STUDY DESIGN, PERMIT, CONSTRUCT AND OPERATE A SALE THAT RECEIVE WASTE THAT IS NOT PERMITTED UNDER THE CURRENT CITY OF PORT ARTHUR LANDFILL PERMIT REQUESTED BY COUNCIL MEMBER FRANK. CAN I GET A MOTION FOR APPROVAL? SECOND, GET A MOTION AND A SECOND. ANY QUESTIONS OR ANYONE WANTING TO QUESTION WHAT WE'RE DOING IN EXECUTIVE SESSION FROM THE COUNCIL? ALL IN FAVOR, SAY AYE. ANY KNOWS THE AYES HAVE IT. WE WILL NOW GO INTO A

* This transcript was compiled from uncorrected Closed Captioning.

Jul 14, 2026 City Council

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