HomeMy WebLinkAbout03-25-08 REGULARDELORIS "BOBBIE" PRINCE, MAYOR
MICHAEL "SHANE" SINEGAL, MAYOR PRO-TEM
COUNCIL MEMBERS:
JACK CHATMAN, JR.
CAL JONES
THOMAS J. HENDERSON
MARTIN FLOOD
JOHN BEARD, JR.
ROBERT E. WILLIAMSON
WILLIE "BAE" LEWIS
Ctly Of
ort Qrthu
Texas
AGENDA
City Council
Regular Meeting
MarC~ 25, 2008
8:30 a.m.
STEPHEN FITZGIBBONS
CITY MANAGER
TERRI HANKS
ACTING CITY SECRETARY
MARK T. SOKOLOW
CITY ATTORNEY
In Compliance with the Americans With Disabilities Act,
the City o~ Port Arthur will provide ~or reasonable
accommodations ~or 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 O~~ice, at (409) 983-8115.
P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641-1089 • 409/983-8115 • FAX 409/983-8291
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
March 25, 2008
8:30AM
PLEASE TURN OFF OR MUTEALL CELL PHONES
INVOCATION, PLEDGE & ROLL CALL
Mayor Prince
Mayor Pro Tem Sinegal
Councilmember Chatman
Councilmember Jones
Councilmember Henderson
Councilmember Flood
Councilmember Beard
Councilmember Williamson
Councilmember Lewis
City Manager Fitzgibbons
Acting City Secretary Hanks
City Attorney Sokolow
Sergeant At Arms:
Police Chief Blanton Or Designee
II. PROCLAMATIONS & MINUTES
Proclamations -None
Minutes
January 15, 2008 Regular Meeting
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Henry Barbosa Regarding Taking Action In Renaming The Building
Located At 3248 39th Street
(2) Mary Lavalais Regarding Drug Problems In Her Neighborhood
(3) Hilton Kelly And Neil Carman Regarding Toxic Waste Imported Into Port
Arthur
(4) Jarrod Bell Regarding The Memorial High School "Word Of Mouf
Program" And Anti-Tobacco Blow-Out Day
B. Presentations -None
C. Correspondence
(1) Receipt Of Audited Financial Statements -Port Arthur Convention And
Tourist Association
(2) Candidate Certification
AGENDA
MARCH 25, 2008
IV. PUBLIC HEARINGS - 9:00 AM
(1) To Consider Whether Or Not To Issue A Specific Use Permit For A
Tavern/Lounge In A Planned Development 2 (PD2) District Located On
The Corner Of Central Mall Drive And Regional Drive. East Of Central
Mall (8484 Central Mall Drive): Applicant: Jeff McCarson (Woody's Bar &
Grill) (Z08-06)
(2) To Consider Rezoning Lot 4-26, Block 2, Lots 4-10 & 14-20, Blk. 5, Lots
1-20, Blk. 6, Lot 1, Blk. 14, Fairlea Addition, City Of Port Arthur, Jefferson
County, From Single Family Residence (SF) To PD-25 (Planning
Development-25) For Proposed Office Areas: Applicant: Total
Petrochemicals (Z08-01)
(3) To Consider Whether Or Not To Issue Major Pipeline Permits To Products
Pipeline Company, LLC For Eight (8) Products Pipelines And Whether Or
Not To Issue Major Pipeline Permits To HSC Pipeline Partnership, LLC
For Two (2) Products Pipelines To Serve The Motiva Facility Within The
Corporate Limits Of The City Of Port Arthur, Texas
(4) To Receive Public Comment As To The Effects In The Community Of The
Curfew Ordinance And As To Whether The City Should Continue, Modify
Or Abolish The Curfew Ordinance
V. UNFINISHED BUSINESS
The Following Item Of Business Was Held From The Previous Meeting At Which
No Action Was Taken On This Item: 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. Consideration And Approval Of Awarding A Bid To Kamp's Junction, /nc.
DBA Cardinal Fence Company, Beaumont, TXIn The Amount Of $16,995
To Replace The Fence At County Park (Girl's Softball Field)
2
AGENDA
MARCH 25, 2008
VI. CONSENT AGENDA -CONTINUED
B. Consideration And Approval Of Payment To Vermeer Equipment Of
Texas, Houston, TX In The Amount Of $12,665.52 For Repairs And
Modifications To Tub Grinder #1274
C. Consideration And Approval Of Awarding Bids For Water Treatment
Chemicals (On An As-Needed Basis) To The Following Vendors: FSTI,
Austin, TX; Sterling Water, Stafford, TX; Skyhawk Ch, Houston, TX;
Therchem, New Iberia, LA; Altivia Corp., Houston, TX
D. Consideration And Approval Of Awarding The Following Bids For The
Police Department At An Estimated Cost Of $44,309: GT Distributors,
Austin, TX For Uniform Shirts And Winter Jackets; Tyler Uniform, Tyler,
TX For Uniform Pants And Windbreakers; Texas Code Blue, Beaumont,
TX For Raincoats
E. Consideration And Approval Of Payment To Overhead Door Company,
Beaumont, TX In The Amount Of $7,620 For A Replacement Roll-Up
Door At The Robert A. "Bob" Bowers Civic Center
F. Expense Resort
Judge Kermit C. Morrison, Jr.:
Attended 12 Hour Judges Regional Seminar, Houston, TX
March 17-18, 2008 $274.00
Resolutions -Consent
(1) P. R. No. 14564 -A Resolution Approving The Award Of Contracts For
The Rehabilitation Of Three (3) Houses To Starco Solutions, LLC In The
Amount Of $103,462 And One (1) House To SKR Construction In The
Amount Of $38,365 For A Grand Total Of Four (4) Houses At The Cost Of
$141,827
(2) P. R. No. 14571 - A Resolution Awarding A Contract To The Lowest
Responsible Bidder And Authorizing The Execution Of The Contract For
Janitorial Services To Southeast Texas Building Service, Inc. For The
Parks And Recreation Department In The Amount Of $26,700 For An
Initial One (1) Year Period With An Option To Renew For Up To One (1)
Additional Year At The Original Bid Amount. Account No. 001-1402-
551.32-00
AGENDA
MARCH 25, 2008
VI. CONSENT AGENDA -CONTINUED
(3) P. R. No. 14593 - A Resolution Authorizing The City Manager To Enter
Into A Professional Services Contract With Employees Benefit Solutions
Inc. (EBS) To Provide Administrative Services For The 2008 Retirees
Drug Subsidy (RDS) Filing At A Cost Of $15,000.00. Fund No.(S): 614-
Health Insurance Fund
(4) P. R. No. 14594 - A Resolution Authorizing The City Manager To Enter
Into Agreement Between The City Of Port Arthur And AT&T Business
Communications Services For A New Phone System For The 2nd Floor
Of The Health Department
(5) P. R. No. 14605 - A Resolution Authorizing The City Manager To Make
Application To The U. S. Department Of Housing And Urban
Development For A Community Development Block Grant In The Amount
Of $1,358,218 And A Grant For $435,802 In Home Funds Authorizing The
City Manager To Execute The City Of Port Arthur's 2008 Consolidated
Annual Plan. The Consolidated Plan Will Be Submitted To The U. S.
Department Of Housing And Urban Development
(6) P. R. No. 14606 - A Resolution Approving Water And Sewer Adjustment
To Certain Utility Accounts
(7) P. R. No. 14607 - A Resolution Authorizing The Purchase Of Flood
Coverage Through Fidelity National Insurance Company In The Amount
Of $47,244.00 Per Annum. Proposed Funding By: General Liability
Insurance Fund: 612-1702-581.52-00 $47,244
(8) P. R. No. 14610 - A Resolution Accepting A Texas Parks And Wildlife
Department Indoor Grant In The Amount Of $417,563.00
(9) P. R. No. 14611 - A Resolution Accepting A Texas Parks And Wildlife
Department Outdoor Grant In The Amount Of $400,000.00
(10) P. R. No. 14612 - A Resolution To Approve The Authorizing Action Plan
Pursuant To Parks And Recreation Open Space Master Plan
(11) P. R. No. 14616 - A Resolution As It Pertains To Calling A Public Hearing
To Consider Options For Naming A Building Located At 3248 39th Street
(Requested By Mayor Pro Tem Sinegal)
(12) P. R. No. 14617 - A Resolution Approving The Award Of A Contract For
The Demolition And Reconstruction Of Eighteen (18) Houses To James
W. Turner Construction, Ltd. In The Amount Of $1,374,180
AGENDA
MARCH 25, 2008
VI. CONSENT AGENDA -CONTINUED
(13) P. R. No. 14618 - A Resolution Approving The Form And Content Of The
Preliminary Official Statement For The Sale Of $9,000,000 City Of Port
Arthur, Texas, General Obligation Bonds, Series 2008 And Authorizing
First Southwest Company To Proceed With The Printing And Distribution
Of Same In Preparation For Competitive Sale April 8, 2008
(14) P. R. No. 14620 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $18,550.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group A), To Be Charged To Account No. 106-1425-571.59-
00; Project No. RITA01
(15) P. R. No. 14621 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $13,750.00, And Authorizing The Execution Of A
Contract For The Demolition Of Six (6) Dangerous Residential Properties
(Group B), To Be Charged To Account No. 106-1425-571.59-00; Project
No. RITA01
(16) P. R. No. 14622 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $13,400.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group C), To Be Charged To Account No. 106-1425-571.59-
00; Project No. RITA01
(17) P. R. No. 14623 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $13,150.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group A-t), To Be Charged To Account No. 106-1425-571.59-
00; Project No. RITA01
(18) P. R. No. 14624 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $12,950.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group B-t), To Be Charged To Account No. 106-1425-571.59-
00; Project No. RITA01
(19) P. R. No. 14625 - A Resolution Awarding A Contract To Starco Solutions,
LLC In The Amount Of $5,534.10, And Authorizing The Execution Of A
Contract For The Demolition Of Four (4) Dangerous Residential
Properties (Group A), To Be Charged To Account No. 132-1021-514.59-
00; Project No. SSBG03; Structures Ineligible For The Grant Will Be
Charged To Other Available Funding Sources
AGENDA
MARCH 25, 2008
VI. CONSENT AGENDA -CONTINUED
(20) P. R. No. 14626 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $21,600.00, And Authorizing The Execution Of A
Contract For The Demolition Of Ten (10) Dangerous Residential
Properties (Groups B And C), To Be Charged To Account No. 132-1021-
514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will
Be Charged To Other Available Funding Sources
(21) P. R. No. 14627 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $16,900.00, And Authorizing The Execution Of A
Contract For The Demolition Of Six (6) Dangerous Residential Properties
(Group A-t), To Be Charged To Account No. 132-1021-514.59-00; Project
No. SSBG03; Structures Ineligible For The Grant Will Be Charged To
Other Available Funding Sources
(22) P. R. No. 14628 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $14,700.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group B-t), To Be Charged To Account No. 132-1021-514.59-
00; Project No. SSBG03; Structures Ineligible For The Grant Will Be
Charged To Other Available Funding Sources
(23) P. R. No. 14629 - A Resolution Scheduling A Public Hearing To Review
The Curfew Ordinance
(24) P. R. No. 14630 - A Resolution Authorizing Acceptance Of The Certificate
Of Completion, Contractor's Certificate And Release, And Contractor's
Certificate Of Guarantee For The Repair And Painting Of The Pioneer
Park Elevated Water Storage Tank; And Approving Final Payment Of
$30,768.00 To Diversified Coatings, Ltd., And Authorizing The City
Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of
Port Arthur, Texas. Fund No. 427-1626-532.85-00, Project No. 427602
AGENDA
MARCH 25, 2008
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(1) P. R. No. 14608 - A Resolution As It Pertains To An Incentive Agreement
With Ally Investments, LLC And Neofuel USA, LLC (Requested By
Councilmember Williamson)
(2) P. R. No. 14614 - A Resolution Calling For A Public Hearing As To
Consider Disposition Of Property (Fire Station) Located At 32nd Street
And Memorial Boulevard (Requested By Mayor Prince)
(3) P. R. No. 14619 - A Resolution Authorizing The Mayor To Execute An
Agreement With The Port Arthur Economic Development Corporation
Regarding The Financing Of Streets
(4) P. R. No. 14631 - A Resolution Appointing The City Of Port Arthur
Representatives To The West Port Arthur Redevelopment Corporation
(WESTPARC)
(5) P. R. No. 14632 - A Resolution Appointing And/Or Reappointing A
Member Or Members To The Beautification Commission
B. Ordinances
(1) P. O. No. 5837 - An Ordinance Authorizing The City Manager And City
Attorney To Transfer The Building And Lot At Memorial Boulevard And
32nd Street To The Truth & Education Corporation (Requested By Mayor
Pro Tem Sinegal And Councilmember Lewis)
(2) P. O. No. 5858 - An Ordinance Amending Chapter 18 (Buildings) Article
VII Housing Codes Section 18-381 And Section 18-382 Of The Code Of
Ordinances Of The City Of Port Arthur, As To Adopt The 2006
International Property Maintenance Code Published By The International
Code Council, Inc., Providing Certain Amendments Thereto; Repealing All
Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A
Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, As
Provided In Section 18-43 Of The Code Or As Otherwise Imposed By
State Law; And Providing For Publication And An Effective Date
Immediately After Publication
AGENDA
MARCH 25, 2008
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED
(3) P. O. No. 5859 - An Ordinance Amending The Zoning Ordinance Of The
City Of Port Arthur By Granting A Specific Use Permit For A
Communications Tower On Lot 2, Block 15, City Addition, Port Arthur,
Jefferson County, Texas (Violation Of This Ordinance Or The Zoning
Ordinance Of The City Of Port Arthur Is Punishable As Provided In
Section 1-13 Of The Code Of Ordinances As Amended By Fine Not
Exceeding Two Thousand [$2,000.00] Dollars); And Providing For
Publication In The Official Newspaper Of The City Of Port Arthur And
Effective Immediately After Publication Date. (Z08-02 T-MOBILE) 1145
Houston Avenue
(4) P. O. No. 5860 - An Ordinance Amending The Zoning Ordinance Of The
City Of Port Arthur By Rezoning Tract 4 Out Of And Part Of Lot 9, Block 1,
Port Acres From Light Commercial To Heavy Commercial, Port Arthur,
Jefferson County, Texas From Industrial To Single Family Residential,
(Violation Of This Ordinance Or The Zoning Ordinance Of The City Of
Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of
Ordinances As Amended By Fine Not Exceeding Two Thousand
[$2,000.00] Dollars); And Providing For Publication In The Official
Newspaper Of The City Of Port Arthur And Effective Immediately After
Publication Date. (Z08-03 FAWAZ) West Port Arthur Road
(5) P. O. No. 5861 - An Ordinance Amending The Zoning Ordinance Of The
City Of Port Arthur By Rezoning A Tract Of Land Out Of And Part Of Lot
9, Block 1, Port Acres From Light Commercial To Heavy Commercial,
Port Arthur, Jefferson County, Texas From Industrial To Single Family
Residential, (Violation Of This Ordinance Or The Zoning Ordinance Of
The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The
Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand
[$2,000.00] Dollars); And Providing For Publication In The Official
Newspaper Of The City Of Port Arthur And Effective Immediately After
Publication Date. (Z08-04 BISHUNDAT) West Port Arthur Road
(6) P. O. No. 5862 - An Ordinance Amending The Zoning Ordinance Of The
City Of Port Arthur By Granting A Specific Use Permit For A Package
Store On A 1.1156 Acre Tract Of Land Out Of Lot 5, Block 3, Range "G",
Port Arthur Land Company, Port Arthur, Jefferson County, Texas
(Violation Of This Ordinance Or The Zoning Ordinance Of The City Of
Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of
Ordinances As Amended By Fine Not Exceeding Two Thousand
[$2,000.00] Dollars); And Providing For Publication In The Official
Newspaper Of The City Of Port Arthur And Effective Immediately After
Publication Date. (Z08-05 ECLIPSE DEVELOPMENT) 4200 Gulfway
AGENDA
MARCH 25, 2008
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED
(7) P. O. No. 5863 - An Appropriation Ordinance Amending The Budget For
The Fiscal Year Beginning October 1, 2007 And Ending September 30,
2008 To Fund Additional Costs For Grass Mowing And Elections
(8) P. O. NO. 5864 - An Ordinance Amending Section 78-269 (B) (1) Of The
Code Of Ordinances As It Pertains To Travel
(9) P.O. No. 5865 - An Ordinance As It Pertains To A Developer Participation
Contract With Oakmont Properties, Inc. As To Extend Anchor Drive As To
Provide An Incentive For A New 246 Unit Up-Scale, Market-Rate
Apartment Complex
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED
C. `Reports And Recommendations
(1) Report On Sister Cities Application (Requested By
Councilmember Lewis)
(2) Report On Resolution No. 08-083 And Decorum (Requested By
Councilmember Flood)
*The City Council Can Act On Any Of The Above Reports And
Recommendations As To Accept The Report/Recommendation Or To
Request Additional Information And Records
VIII. REPORTS OF BOARDS & COMMITTEES
None
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:
9
AGENDA
MARCH 25, 2008
IX. CLOSED MEETING (EXECUTIVE SESSION) -CONTINUED
"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 551.087 Government Code - To Discuss The Value Of Land At
3248 39th Street
(2) Section 551.071 Government Code - To Discuss With The City Attorney
Potential Litigation As To Pick Two Contractor
(3) Section 551.071 Government Code - To Discuss With The City Attorney
Potential Litigation As It Pertains To The Water And Garbage Bill Of The
Housing Authority (Requested By The City Manager)
(4) Section 551.087 Government Code - To Discuss Incentives For
Commercial, Residential, And Business Prospects
(5) Section 551.074 Government Code - To Discuss The Duties And
Evaluation Of The Municipal Court Judge
(6) Section 551.071 Government Code - To Discuss With The City Attorney
Potential Litigation As It Pertains To TEPPCO
`The Items In Executive Session May Be Discussed And Acted On In Open
Session
X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Items For Future Agenda Consideration Or Reports From Staff May Be
Requested But No Discussion Of Any Item Or Request Shall Take Place
XI. ADJOURNMENT OF MEETING
io
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, Disorder/y Conduct By Person Addressing The Councit 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 Pub/ic Hearing C/osed, 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. Disorder/y Conducl; 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 Supp/ementa/ Lighting. Limitations on use of supplemental lighting for television and motion picture
cameras to create the least amount of interterence with or disturbance of Council proceedings and/or discomfort to the
public.
8. Persons Having Comp/aims, A/legations, or Charges Against Individual City Emp/oyees. 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
(a) Warning. All persons shall, at the request of the presiding office, be silent.
(b) Remova/. If, after receiving a warning from the presiding officer, a member of the public 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. The Chief of Police, or such members of the Police Department as the presiding officer may designate, shall be sergeant-
at-arms of the council meetings. He, or they, shall carry out all orders and instruction given by the presiding officer for the purpose of
maintaining order and decorum at the council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant-at-
arms to remove from the meeting any person who intentionally disturbs the proceedings of the council.
(c) If after receiving a warning from the presiding officer, a councilmember persists in disturbing the meeting, the presiding officer shall
recess the meeting or refer the matter to the city council as to the penalty to be imposed by a majority vote of the council, which can
include removing the member from council chambers during the remainder of the meeting or until the council person is prepared to abide
by the Rules of Procedure, as adopted by the city council.
(d) 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.
(e) Motion 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 Reouestina To Be Heard On Aoenda 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 Aoenda 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.