PA to keep publishing notices as they always have

Published 5:21 pm Tuesday, November 1, 2016

One Port Arthur City Councilman wanted the city to find another method for publicizing notices.

Willie “Bae” Lewis Jr., District 5 councilman, introduced an agenda item requesting the Texas Municipal League to pursue legislation to be adopted by the Legislature for an alternative method of publication requirements at the regular meeting of the Port Arthur City Council on Tuesday morning. The item ultimately failed to pass with Lewis and Mayor Pro Tem Raymond Scott Jr. approving sending it to the TML.

Lewis said the item was in regard to the cost of advertising the city has to pay to post notices and the TML has given the council additional tools to do this advertising elsewhere at a reduced cost.

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He said City Manager Brian McDougal’s newsletters mailed to residents and/or water bills could include the notices.

“These are legal alternatives to get out the notices,” Lewis said.

Lewis also referenced a prior approval of a related agenda item to schedule two separate public hearings on a proposed involuntary annexation of certain property and also to publicize it in a newspaper of general circulation in Port Arthur.

The first public hearing was at 6 p.m. on Monday, Nov. 14 and the second one on at 9 a.m. on Monday, Nov. 21.

Lewis asked City Attorney Val Tizeno how much this advertising would cost the city. She said her office didn’t have the final cost. He then asked for the estimated cost. She said she didn’t know.

The last time the city ran a legal ad of this nature it cost from $40,000 to $50,000 for 13 companies.

This time it’s for 10 companies.

Lewis asked Tizeno if the ad would have to run twice. She answered it would by mandatory state law, citing Section 43.063 of the Texas Local Government Code. Lewis said that will cost the city a minimum of $100,000.

Lewis said if the city goes past December 31 and not run the legal ads, what will happen is they won’t get the revenue in 2017 and have to wait until 2018 to get the revenue.

“There’s a lot of misinformation force fed on companies. If there is no agreement worked out by Dec. 31 it will be annexed,” he said.

Morris Albright III, District 3 councilman, said he agrees with Lewis about changing the advertising of city notices, but they may have to wait another 10 years to change as technology advances.

“We need transparency for our citizens. This (advertising in newspapers) is the mechanism we’ve been using for a million, billion years. We’re still a few years away, but I agree in principle,” Albright said.

Lewis said other cities are using other methods and the city can send their resolution to TML and work out the details.

He added if the process gets that far, he and other council members would have to travel to the TML office in Austin to campaign to get what they want.

Tiffany Hamilton, said a new president has been elected to the TML and she already has an agenda set. The earliest she could respond to Port Arthur would be 2019.

Lewis said it could be placed on future agendas.

“We’re spending tax money unnecessarily. Why interfere with the process?” he said. “I have a problem with that (Hamilton saying the city can’t get it on the next agenda). Why aren’t you for saving the taxpayers’ money? What’s the problem?”

Osman Swati, District 6 councilman, said Lewis’ information was “completely false” and the Local Government Code mandates the legal notices.

“We advertise on the municipal website and the local newspaper,” Swati said. “The Legislature, however, should come up with cheaper ways for advertising.”

Keith Richard, District 4 councilman, asked if the item could be tabled due to students from Thomas Jefferson Middle School and Bob Hope School present in the audience and Richard wanting to put the council’s best foot forward.

“It’s not a good presentation for the youths to consider how to handle this,” he said.

Lewis said he heard everyone’s argument and the point was moot.

“Welcome to the real world. This is the way the Legislature works,” he said to the students. “I’m talking about the future. How can we cut costs for this particular item?”

Scott said Lewis isn’t proposing anything that is not lawful.

“I don’t see what the big deal is,” he said.

Mayor Derrick Freeman said anything sent to the TML they will have to wait two years for anything to happen.

“It’s a little too late,” Freeman said. “Maybe 2019 is a great idea and it will get some traction.”

After the meeting Lewis said the resolution going to TML is only one avenue. He has sent resolutions in the past and TML blocked them.

“I then went though the Legislature and got them passed,” he said.

David Ball: 409-721-2427