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HomeMy WebLinkAboutSEPTEMBER 24, 2019 REGULAR MEETING THURMAN BILL BARTIE,MAYOR RON BURTON HAROLD DOUCET,SR. MAYOR PRO TEM City of 0\ \\ INTERIM CITY MANAGER COUNCIL MEMBERS: I� SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES ort rthur THOMAS J.KINLAW III VAL TIZENO CHARLOTTE MOSES Texas CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting September 24, 2019 8:30 a . m . In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. City Council Meeting City Hall Council Chamber City Of Port Arthur September 24, 2019 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Doucet, Sr. Councilmember Scott, Jr. Councilmember Jones Councilmember Kinlaw, III Councilmember Moses Councilmember Frank Interim City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Terry Bates Regarding Vagrancy, Pan Handling and Water Bills (2) Jay Hall Regarding Downtown Redevelopment (3) Bill Worsham Regarding Pleasure Island Development (4) Dr. Levy Q. Barnes, Jr., Regarding Christmas With Dr. Levy At The Pavilion (5) Fernando R. Ramirez Regarding Fiesta Downtown AGENDA SEPTEMBER 24, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Presentation By Staff Regarding The August Financial Report (2) Presentation By Mickey Moshier, JS Edwards And Sherlock Insurance Consultant Regarding Recommended Changes To The City Of Port Arthur's Major Medical, Dental And Life Insurance Benefits (Blue Cross / Blue Shield) C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 9:00 A.M. (1) A Public Hearing To Consider Whether To Amend Appendix A, Section 7, Use Of Land And Buildings And Section 13, Mobile Home District Regulations Of The Zoning Ordinance To Remove The Allowance Of Mobile Homes As A Permitted Use Within The City And To Consider Whether To Continue To Make Recreational Vehicle Parks Allowed By Right And/Or To Require Special Use Permits In Fewer Districts AGENDA SEPTEMBER 24, 2019 IV. PUBLIC HEARINGS — 9:00 A.M. — CONTINUED (2) A Public Hearing To Consider Whether To Extend The Existing Section 4A (Type A Economic Development Corporation) Sales And Use Tax Within The City Of Port Arthur For The Cost Of Land, Buildings, Equipment, Facilities, And Improvements Found By The City Of Port Arthur Section 4A Economic Development Corporation Board Of Directors To Be Required Or Suitable For The Promotion Of Development And Expansion Of Affordable Housing, As Described By 42 U.S.C. 12745, With A Project Area Bounded By Atlanta Street On The West, 8th Street On The North, Nashville Street On The East And 5 Street On The South Within The City Of Port Arthur, Texas, Which Is A Category Of Projects Under Section 505.153 Of The Local Government Code (Type B Economic Development Corporation), With The Condition It Will Be Limited To Single Family Dwellings And The Total Annual Spending By The City Of Port Arthur Section 4A Economic Development Corporation Will Not Exceed $300,000.00. **Said Period Of Time Can Be Extended An Additional Three (3) Years By The City Council By A Two-Thirds (2/3) Vote Of The City Council After Reviewing Public Comment On The Proposed Cost And Impact Of The Project (Requested By The EDC Board Of Directors) V. UNFINISHED BUSINESS — NONE VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Travel Request — None AGENDA SEPTEMBER 24, 2019 VI. CONSENT AGENDA — CONTINUED B. Expense Reports — None C. Minutes August 27, 2019 Regular Meeting August 29, 2019 Special Meeting September 3, 2019 Special Meeting September 10, 2019 Special Executive Meeting September 10, 2019 Regular Meeting September 16, 2019 Special Meeting D. Resolutions (1) P.R. No. 20774 — A Resolution Authorizing The City Manager To Enter Into An Interlocal Cooperation Contract With Spindletop Center (MHMR) To Participate In The Mental Health Liaison Program (2) P.R. No. 20926 — A Resolution Awarding A Contract To MR, Inc., In The Amount Of $141,175.00 And Authorizing The Execution Of A Contract By The City Manager For Asbestos/Lead Abatement And Demolition Of Ten (10) Dangerous Commercial Properties Located Throughout The City, To Be Charged To Account No. 001-1052- 517.59-00 (General Fund-Other Contractual Service) (3) P.R. No. 20927 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $42,600.00 And Authorizing The Execution Of A Contract By The City Manager For Demolition Of Five (5) Dangerous Commercial Properties Located Throughout The City, To Be Charged To Account No. 001-1052-517.59-00 (General Fund- Other Contractual Service) (4) P.R. No. 21002 — A Resolution Authorizing The City Manager To Rent For Up To 18 Months A Filter System With Aqua-Aerobic Systems, Inc. Of Loves Park, Illinois, To Enable Dewatering Of Collection System And Adequate Treatment Of Elevated Flows In Sabine Pass For A Contract Price Of $190,000.00; Funding Is Available In FY2020, Account No. 405-1621-532.83-00, Sewer System 4 AGENDA SEPTEMBER 24, 2019 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 21016 — A Resolution Authorizing The Calling Of A Public Hearing On Tuesday, October 22nd At 9:00 A.M., To Consider Whether Or Not To Issue A Major Pipeline Permit To Enterprise TE Products Pipeline Company, LLC Of Houston Texas For The Installation Of A Twelve (12") And Sixteen (16") Inch Buried Carbon Steel Pipeline Within The City Limits Of Port Arthur, Texas (6) P.R. No. 21028 — A Resolution Authorizing The Director Of Water Utilities To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals, With An Estimated Combined Budgetary Impact Of $1,645,000.00. Funding Available In Water Utilities Account Nos. 410-1252-532.29-02, $1,510,000.00, (Water Treatment Chemicals) And 410-1256-532.29-02, $135,000.00 (Wastewater Treatment Chemicals) (7) P.R. No. 21032 — A Resolution Ratifying The Hauling Of Waste From The Main Wastewater Treatment Plant To The Port Acres Wastewater Treatment Plant By Sprint Waste Services Of Port Arthur, Texas, Due To Equipment Failure In The Amount Of $32,108.63. Funds Available In Account #410-1256- 532.54-00 (Professional Services) (8) P.R. No. 21037 — A Resolution Authorizing The City Manager To Enter Into The Second Year (First And Final Renewal) Of The Contract With Whit's Grass Cutting Of Port Arthur, Texas For Grass Cutting Services At The Civic Center Department Buildings With A Projected Budgetary Impact Of $38,500.00 Per Year. Funding Available In Civic Center Account Number 001-1061-518.31-00 (9) P.R. No. 21041 — A Resolution Authorizing The City Manger To Execute The Second Year (First Renewal) Of The Contract With Civitas, LLC For Environmental Services With The Option To Renew For One Year With Civitas, LLC, Of Mount Pleasant, South Carolina For Environmental Review Services For The Projected Mount Of $33,500.00. Funds Are Budgeted In The Federal Community Development Block Grant Program, Account Number 105-1431- 552-59.00, Project Number C44122, C44144, C45144, And The State Home Investment Partnerships Program Account Number 151-2141-626.59-00 5 AGENDA SEPTEMBER 24, 2019 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 21043 — A Resolution Authorizing The City Manager To Enter Into A Contract With Core & Main Of Beaumont, Texas, For The Purchase Of Repair Clamps For The Utility Operations Department, With An Annual Projected Budgetary Impact Of $204,473.78. Funding Is Available In Account Nos. 410-1253- 532.35-00 (Water System), & 410-1255-532.33-00, (Sanitary Sewer System) (11) P.R. No. 21045 — A Resolution Authorizing The City Manager To Execute A Permanent Easement Agreement With Enterprise TE Products Pipeline Company For The Purpose Of Maintaining Three (3) Existing Pipelines Within The City Limits Of Port Arthur (12) P.R. No. 21048 — A Resolution Rescinding Resolution No. 19-360 In Its Entirety As It Pertains To The Approval Of Entering Into A Service Agreement With Classic Forms And Products Of Beaumont For The Printing And Mailout Of The 8th Annual PAEDC Newsletter (13) P.R. No. 21049 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Service Agreement With Kirksey's Sprint Printing Of Beaumont For The Printing And Mailout Of The 8th Annual PAEDC Newsletter IN An Amount Not To Exceed $17,000.00 Account No. 120-1429- 582.59-06 (14) P.R. No. 21055 — A Resolution Authorizing The City Manager To Enter Into A Contract With Spidle & Spidle, Inc. Of Port Arthur, Texas For The Lease Of A 2,000 Gallon Diesel Tank And Purchase The Supplementary Fuel For A 6 Month Term. Not To Exceed Amount of $80,000.00. Funds Are Available In 401-1501-561.24-00 (15) P.R. No. 21056 — A Resolution Authorizing The City Manager To Enter Into An Agreement For Independent Professional Services Between The City Of Port Arthur And Laura Kay Emmert, A Medical Laboratory Technologist, To Provide Contract Services For The City's Laboratory, Account Number 001-1301-541.59-00, Other Contractual Account. Funds In The Amount Of $30,000.00 Were Budgeted In The FY 2020 Budget 6 AGENDA SEPTEMBER 24, 2019 VI. CONSENT AGENDA — CONTINUED (16) P.R. No. 21057 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Southeast Texas Medical Associates (SETMA) For William D. George, MD To Continue To Act As The City's Health Authority And Supervising Physician Of The Employee Health Services Clinic. A Total Of $46,100.00 Was Budgeted In The FY 2020 General Fund Professional Service Account 001-1301-541.54-00 And Employee Health Professional Service Account 001-1303-541.54-00 (17) P.R. No. 21059 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Whit's Grass Cutting Of Port Arthur, Texas For Mowing Of Various City Properties, Parks And Right-Of-Ways For Groups 1 And 3C With A Projected Budgetary Impact Of $31,080.00 Per Year. Funding Available In Parks Account No. 001-1207-531.31-00 (18) P.R. No. 21060 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Excavation And Construction, LLC Of Port Arthur, Texas For Sunken Court From Twin City To North Park Drive In The Amount Of $2,268,343.13. Funding Is Available In The Capital Improvement Streets Account Number 307-1601-591.86-00 (19) P.R. No. 21061 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Trace Infrared Asphalt Restoration, LLC Of Eunice, Louisiana For The Purchase Of A Pot Hole Patching Truck And A Contract For A Patching Crew For Six (6) Months With A Projected Budgetary Impact Of $410,554.00. Funding Is Available In The Street Account Under Equipment And Other Contractual Service 001-1203-531.92-00 ($230,554.00) And 001-1203-531.59- 08 ($180,000.00) Respectively (20) P.R. No. 21062 — A Resolution Authorizing The Second And Final Renewal Of The Contract With McCreary, Veselka, Bragg & Allen, P.C., Of Round Rock, Texas, For Collection Of Municipal Court Fines AGENDA SEPTEMBER 24, 2019 VI. CONSENT AGENDA — CONTINUED (21) P.R. No. 21063 — A Resolution Authorizing The Purchase Of Skid Steer Loader From Kubota Tractor Corporation Of Grapevine, Texas, For The Parks And Recreation Department Through Texas BuyBoard Cooperative Purchasing In The Amount Of $57,305.15; ($27,305.15 Available In Account Number 001-1207-531.92-00 And $30,000.00 Available In Account Number 001-1304-541.92-00) (22) P.R. No. 21065 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $290,699.87 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damaged Contents At The Port Arthur Public Library As A Result Of Hurricane Harvey (August 30, 2017) (23) P.R. No. 21068 — A Resolution Authorizing The Acceptance Of A Donation Of A Monument To The City Of Port Arthur From The Port Acres Public Action Group (Requested By Mayor Pro Tern Doucet) (24) P.R. No. 21069 — A Resolution Authorizing The City Manager Through The Information Technology Department To Accept Donations From Vendors In The Form Of Funds, Goods And Services, For The Support Of Cyber Security Awareness Activities (25) P.R. No. 21070 — A Resolution Approving Water And Sewer Adjustments Over $5,000.00 To Certain Utility Accounts Due To Equipment Malfunction (26) P.R. No. 21072 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Veolia ES Technical Solutions, L.L.C. (27) P.R. No. 21074 — A Resolution Authorizing A Grant Application To The Hogg Foundation For Mental Health's 80th Anniversary Initiative For A Complete 2020 Census Count In Texas 8 AGENDA SEPTEMBER 24, 2019 VI. CONSENT AGENDA — CONTINUED (28) P.R. No. 21078 — A Resolution Authorizing The City Manager To Execute Permanent Easements With Air Liquide Large Industries U.S. LP, For The Construction And Installation Of A Twelve (12) Inch Hydrogen Gas Pipeline Within The City Limits Of Port Arthur, Texas VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21042 — A Resolution Authorizing The City Manager To Execute Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Group Medical, Dental Insurance, Basic Life, Basic Accidental Death And Dismemberment, And Excess Loss Indemnity With Blue Cross And Blue Shield Of Texas, Inc. Fund No. (s): 614-1701-583.53-00 Health Insurance Fund) (2) P.R. No. 21046 — A Resolution Amending Resolution No. 19-212 For The Sale Of Land Between The City Of Port Arthur Section 4A Economic Development Corporation And B&B Ice, Inc. In The Spur 93 Business Park From Two (2) Acres To 2.454 Acres At A Cost Of $57,500 Per Acre (3) P.R. No. 21047 — A Resolution Approving The First Renewal Of An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And S&S Investigations & Security, Inc., Of Groves, Texas For Security Guard Services To Serve The Spur 93 Business Park For An Amount Not To Exceed $96,624.00; Funding Available In EDC Account No. 120-1429-582.59-02 (4) P.R. No. 21050 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Standard Form Of Agreement With SETEX Facilities & Maintenance For Construction Of The 2nd Floor Build-Out At 501 Procter Street At A Cost Not To Exceed $185,000.00 Funds Available In EDC Account # 120-1429-582.59-01 9 AGENDA SEPTEMBER 24, 2019 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P.R. No. 21051 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Invest An Additional $1,625,000.00 For The Retrofitting Of The Property Located At 549 4th Street (Former Port Arthur News Building) Funding Available In EDC Account No. 305-1606-591.82-00 (6) P.R. No. 21052 — A Resolution Amending The Professional Service Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Architect's Studio PLLC Of Port Arthur, Texas, In An Amount Not To Exceed $200,000.00 Making The Contract A Lump Sum Fee Of $500,000.00 And The Reimbursable Expenses Not To Exceed $50,000.00 Funding Available In EDC Account No. 305-1606-591.82-00 (7) P.R. No. 21053 — A Resolution Rescinding Resolution No. 19-160 In Its Entirety As It Pertains To The Sale Of Three Acres Of Land In The Spur 93 Business Park By The City Of Port Arthur Section 4A Economic Development Corporation To KLV Ventures, Inc. (8) P.R. No. 21054 — A Resolution Rescinding Resolution No. 18-413 In Its Entirety As It Pertains To The Approval Of A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And NDC Housing And Economic Development Corporation, Inc. (9) P.R. No. 21058 — A Resolution Appointing A Charter Advisory Committee And Setting Forth Procedural Guidelines For Said Committee (10) P.R. No. 21064 — A Resolution Authorizing The October 8, 2019 Regularly Scheduled Council Meeting Date To Be Rescheduled (11) P.R. No. 21066 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Moses) Amis 10 AGENDA SEPTEMBER 24, 2019 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (12) P.R. No. 21067 — A Resolution Authorizing The City Manager To Enter Into A Sale And Purchase Agreement Between The City Of Port Arthur And Texas 4L Properties, LP On Behalf Of Aurora Capital Holdings, LLC., For The Purchase Of City Owned Vacant Lots Within The Boundaries Of The Downtown Tax Reinvestment Zone (13) P.R. No. 21073 — A Resolution Approving The Continued Use Of Section 4A Sales And Use Tax Within The City Of Port Arthur For The Cost Of Land, Buildings, Equipment, Facilities, And Improvements Found By The City Of Port Arthur Section 4A Economic Development Corporation Board Of Directors To Be Required Or Suitable For The Promotion Of Development And Expansion Of Affordable Housing, As Described By 42 U.S.C. 12745, With A Project Area Bounded By Atlanta Street On The West, 8th Street On The North, Nashville Street On The East And 5th Street On The South Within The City Of Port Arthur, Texas, Which Is A Category Of Projects Under Section 505.153 Of The Local Government Code (Type B Economic Development Corporation), With The Condition It Will Be Limited To Single Family Dwellings And The Total Annual Spending By The City Of Port Arthur Section 4A Economic Development Corporation Will Not Exceed $300,000.00 (14) P.R. No. 21075 — A Resolution Appointing And/Or Reappointing Member(s) To The Zoning Board Of Adjustment B. Ordinances — Non-Consent (1) P.O. No. 6798 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To An Eligible Homeowner Participation In The Neighborhood Stabilization Program 1 (NSP1) Side Lot Disposition Program AGENDA SEPTEMBER 24, 2019 IX. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 — Litigation And/Or Legal Advice Section 551.072 — Land Section 551.073 — Negotiated Contracts For Prospective Gifts To The City Section 551.074 — Personnel Section 551.076 — Security Personnel Or Devices Section 551.087 — Deliberations Regarding Economic Development Incentives Closed Meeting: (1) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Litigation Involving The City Of Port Arthur (2) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In The City's Industrial District/ETJ (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In The Spur 93 Business Park (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In Downtown Port Arthur (5) Section 551.087 Government Code — To Discuss Economic Development Incentives In The City's Industrial District/ETJ 12 AGENDA SEPTEMBER 24, 2019 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (6) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects: (The King Crawfish Distributors LLC) *The Items In Executive Session May Be Discussed And Acted On In Open Session X. ADJOURNMENT OF MEETING *************************************************** NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30 AM On September 25, 2019. During The Recess, No Action Will Be Taken On Any Item Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With The Open Meetings Law *************************************************** 13 RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speaking Procedure; Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the public and give his name and address in an audible tone of voice for the records, state that subject he wishes to discuss, state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Council, without the permission of the Presiding Officer. 3. Improper References, Disorderly Conduct By Person Addressing The Council, Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and/or discomfort to the public. 8. Persons Having Complaints, Allegations, or Charges Against Individual City Employees. No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning.All persons shall at the request of the Presiding Officer, be silent. Removal. If, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such Officer may order him to remove himself from the meeting. If he does not remove himself, the Presiding Officer may order the Sergeant-at-arms to remove him. Resisting Removal.Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce.Any Councilmember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majority of the Council shall require him to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Requesting To Be Heard On Agenda Items(1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2) Nonresidents. Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in the matter being considered. The City Secretary shall present such request to the Presiding Officer for approval before placing the name on the Agenda. Specific Agenda Items. After a motion, second and discussion by the City Council on any specific agenda item, and before a vote is taken, the Presiding Officer shall recognize any citizen in the audience wishing to address the council on such item, who shall be permitted to address the Council thereon for a period of three (3) minutes. "Specific Agenda Items"are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.