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HomeMy WebLinkAboutFEBRUARY 01, 2022 REGULAR MEETING AGENDA 9:30 A.M. THURMAN BILL BARTIE,MAYOR ,g,. RON BURTON DONALD FRANK,SR.. NI 11'OR PRO TEM City of CityCITY MANAGER COUNCIL MEMBERS: IJ SHERRI BELLARD,TRMC INGRID HOLMES may— CITY SECRETARY CAL J.JONES Volj!t rthur THOMAS J.KINLAW III VAL TREND KENNETH MARKS Texas CITY ATTORNEY CHARLOTTE MOSES AG EN DA City Council Regular Meeting February 1, 2022 9:30 A. M . The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 9:30 A.M. CST On Tuesday, February 1, 2022 By Telephonic And Videoconference In Addition To Allowing In Person Attendance. A Quorum Of The City Council Will Be Physically Present In The City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street Port Arthur, Texas. The Public May Participate In The Meeting In Person Or By Dialing One Of The Following Toll-Free Numbers And Entering The Meeting ID: 811 2928 2863 And Passcode: 457284 (877) 853-5247 US Toll Free (888) 788-0099 US Toll Free 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 February 1, 2022 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Frank Councilmember Holmes Councilmember Jones Councilmember Kinlaw, III Councilmember Marks Councilmember Moses City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Terrance Prevost Regarding Historic Home Restoration Of A Cottage Built In 1910 Located At 2525 4th Street (2) Clarence F. Mitchell Regarding Ecotourism And Enterprise Zone Tax Credit (3) James Thornton Regarding The Community Of Port Arthur (4) Theron Tate Regarding The Potential Disannexation Of Land Located Near Brai Drive i AGENDA FEBRUARY 1, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By City Attorney, Val Tizeno and Attorney Gunnar Seaquist Of Bickerstaff Heath Delgado Acosta, LLP Regarding The 2020 Census Redistricting Process (2) A Presentation By Allen Sims Of The Jefferson County Drainage District No. 7 Regarding The Port Arthur Project (3) A Presentation By Charles Wheeler Of The U.S. Army Corps Of Engineers Regarding The Port Arthur Project (4) A Presentation By Staff Regarding The December Financial Report And Quarterly Investment Report C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 10:00 A.M. — NONE V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Pursuant To 551.0415 Of The Texas Government Code, The Mayor And Council May Make Announcements Regarding Items Of Community Interest, Which Include The Following: (1) Expressions Of Thanks, Congratulations, Or Condolence; (2) Information Regarding Holiday Schedules; AGENDA FEBRUARY 1, 2022 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (3) An Honorary Or Salutary Recognition Of A Public Official, Public Employee, Or Other Citizen, Except That A Discussion Regarding A Change In The Status Of A Person's Public Office Or Public Employment Is Not An Honorary Or Salutary Recognition For Purposes Of This Subdivision; (4) A Reminder About An Upcoming Event Organized Or Sponsored By The Governing Body; (5) Information Regarding A Social, Ceremonial, Or Community Event Organized Or Sponsored By An Entity Other Than The Governing Body That Was Attended Or Is Scheduled To Be Attended By A Member Of The Governing Body Or An Official Or Employee Of The Political Subdivision; And (6) Announcements Involving An Imminent Threat To The Public Health And Safety Of People In The Political Subdivision That Has Arisen After The Posting Of The Agenda **Possible Action May Not Be Discussed In Conjunction With The Information Provided In The Report VI. UNFINISHED BUSINESS A. Travel Request/Expense Reports Request For Pre-Approval Of Travel Pursuant To 78-269 (b) (8) Of The Code Of Ordinances Of The City Of Port Arthur (Ordinance No. 18-63) (Al) Mayor Thurman Bartle: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,802.01 3 AGENDA FEBRUARY 1, 2022 VI. UNFINISHED BUSINESS — CONTINUED (A2) Mayor Pro Tern Donald Frank: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 (A3) Councilmember Ingrid Holmes: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 (A4) Councilmember Cal Jones: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,816.00 (A5) Councilmember Thomas Kinlaw: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 (A6) Councilmember Kenneth Marks: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 (A7) Councilmember Charlotte Moses: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 B. Resolutions (1) P.R. No. 22315 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services With Dr. Albert T. Thigpen As It Pertains To Serving As A Third-Party Facilitator Pursuant To Section 78-103 (b) Of The Code Of Ordinances; Funding Available In Account Number 001-01-003-5420-00-10-000 4 AGENDA FEBRUARY 1, 2022 VI. UNFINISHED BUSINESS — CONTINUED C. Ordinances (1) P.O. No. 7032 — An Ordinance Amending Chapter 78 Of The Code Of Ordinances Of The City Of Port Arthur By Adding Article IV: An Addendum As It Pertains To The Port Arthur Section 4A Economic Development Corporation's Grievance Process For Complaints Of Harassment And Appeals Of Discipline VII. 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/Expense Reports — None B. Minutes January 11, 2022 Regular Meeting January 18, 2022 Special Meeting Executive Session January 18, 2022 Regular Meeting January 25, 2022 City Council & EDC Joint Special Meeting C. Resolutions (1) P.R. No. 22156—A Resolution Authorizing The City Manager To Apply For Fiscal Year 2022 Law Enforcement Terrorism Prevention Activity Program (LETPA) Funding With No Grant Match Requirement 5 AGENDA FEBRUARY 1, 2022 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 22278 — A Resolution Ratifying Change Order No. 1 To The Contract With MR, Inc. (Group A), As It Pertains To The Removal Of Two Commercial Properties From The Demolition List, Thereby Decreasing The Contract Amount By $23,950.00 To A New Total Of $41,200.00; Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (3) P.R. No. 22279 — A Resolution Ratifying Change Order No. 1 To The Contract With AAR, Inc. (Group B), As It Pertains To The Removal Of One Commercial Property From The Demolition List, Thereby Decreasing The Contract Amount By $5,900.00 To A New Total Of $48,200.00; Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (4) P.R. No. 22285 — A Resolution Awarding A Contract To Straight Line Services Of Buna, Texas In The Amount Of $34,667.20 And Authorizing The Execution Of A Contract By The City Manager For Demolition Of Six (6) Residential Structures With Transite (Group C- T) Located Throughout The City, To Be Charged To Account No. 001- 13-035-5470-00-10-000 (General Fund-Other Contractual Service) (5) P.R. No. 22287 — A Resolution Awarding A Contract To Straight Line Services, Of Buna, Texas, In The Amount Of $25,097.20 And Authorizing The Execution Of A Contract By The City Manager For Demolition Of Six (6) Residential Structures With Transite (Group A- T) Located Throughout The City, To Be Charged To Account No. 001- 13-035-5470-00-10-000 (General Fund-Other Contractual Service) (6) P.R. No. 22300 — A Resolution Authorizing The Calling Of A Public Hearing On February 15, 2022 At 6:00 PM To Consider Whether Or Not To Issue A Major Pipeline Permit To G.T. Logistics, LLC Of San Antonio, Texas For The Installation Of A Twenty Inch (20") Gasoline Pipeline And Four Inch (4") Fiber Optics Conduit Within The Corporate Limits Of The City Of Port Arthur, Jefferson County Texas 6 AGENDA FEBRUARY 1, 2022 VII. CONSENT AGENDA — CONTINUED (7) P.R. No. 22303 — A Resolution Authorizing The Execution Of Contracts For The Purchase Of Water And Wastewater Treatment Chemicals For The Water Utilities Department With Napco Chemical, Univar Solutions USA, Inc., DXI Industries, Inc., Airgas Specialty Products, Inc., Tanner Industries, Inc., Pencco, Inc., And Carus, LLC With A Projected Budgetary Impact Of $1,029,748.80. Budgeted Funds Are Available In Water Purification And Wastewater Treatment Divisions Account Numbers 410-40-210-5217-00-00-000 & 410-40- 225-5217-00-00-000, Treatment Chemicals (8) P.R. No. 22317—A Resolution Authorizing The City Manager To Enter Into An Agreement With South East Texas Lawn & Maintenance Of Beaumont, Texas For Grass Cutting Services At The Civic Center Department Buildings With A Projected Budgetary Impact Of $51,660.00 Per Year. Funding Available In Civic Center Account Number 001-15-043-5311-00-20-000 (9) P.R. No. 22320 — A Resolution Authorizing The City Manager To Execute A Contract With Coastal Netting Systems Of Bakersfield, California For The Purchase Of Litter Fences In The Not To Exceed Amount Of $106,000.00 For The City's Landfill. Funding Is Available In The Landfill Equipment Account Number 403-50-320-8522-00-00- 000 (10) P.R. No. 22327—A Resolution Authorizing The City Manager To Enter Into A Contract With Preferred Facilities Group Of Beaumont, Texas For The Repairs To Lakeside Park, Mosley Pool, County Park, Cecil Reynolds Park And Lions Park In A Total Amount Not To Exceed $79,909.92; Funding Available In Capital Account No. LAUR25-GRE- EQM & LAUR-GRE-BUM (11) P.R. No. 22330 — A Resolution Ratifying An Interlocal Contract With The City Of Beaumont, Jefferson County, Hardin County, Orange County, And Jasper County To Secure Grant Funding From The State Of Texas Automobile Theft Prevention Authority For Operation Of The Southeast Texas Auto Theft Task Force AGENDA FEBRUARY 1, 2022 VII. CONSENT AGENDA — CONTINUED (12) P.R. No. 22332 — A Resolution Authorizing The City Manager To Amend The Sludge Dewatering Contract With Sprint Waste Of Texas, LP Of Port Arthur, Texas, Increasing The Original Contact Amount By $10,777.76 To A New Total Not To Exceed Amount Of $90,777.76; Funding Available In Account No. 410-40-225-5470-00-00-000, Other Contractual Services (13) P.R. No. 22333 — A Resolution Requesting Approval Of Port Arthur Transit's Updated Title VI Program For The Period Of 2021 — 2024 As Required By The Federal Transit Administration (FTA) Regarding Policies And Procedures As Outlined In The Civil Service Act Of 1964 (14) P.R. No. 22342 — A Resolution Authorizing The Third Year And Final Renewal Of The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Frey's Landscape Of Orange, Texas For Landscaping And Irrigation Maintenance At The Spur 93 Business Park With A Budgetary Impact Of $57,295.00; PAEDC Funding Account No. 120-80-625-5479-00-00-000 (15) P.R. No. 22345 — A Resolution Authorizing The City Manager To Execute A Contract With City Fence Company Of Port Arthur, Texas For The Construction Of A Commercial Grade Chain Link Fence In The Not To Exceed Amount Of $30,500.00 Pursuant To Cause No. B-176,606; William Worsham V. City Of Port Arthur. Funding Available In General Liability Fund - Claims And Settlement Expense Account No. 612-11-025-5416-00-00-000 (16) P.R. No. 22348 — A Resolution Of The City Council Of The City Of Port Arthur, Texas Adopting Guidelines For Persons Submitting Specific Redistricting Proposals And Providing Comments For The 2021 Redistricting Process (17) P.R. No. 22349 — A Resolution Of The City Council Of The City Of Port Arthur, Texas Adopting Criteria For Use In Redistricting The City Based On The 2020 Census 8 IT- AGENDA FEBRUARY 1, 2022 VII. CONSENT AGENDA — CONTINUED (18) P.R. No. 22351 — A Resolution Authorizing The City Manager To Execute A One Year Contract With BioPURE Houston East Belt Of Friendswood, Texas For The Sanitizing Of City Buildings To Prevent The Spread Of The Coronavirus, With A Projected Budgetary Impact Amount Of $40,000.00; Funding Is Available In Account Number 001-21-059-5312-00-70-000 (19) P.R. No. 22352 —A Resolution Authorizing The City Of Port Arthur To Participate In The Texas Water Development Board's (TWDB) CFO To Go Program For The Purpose Of Providing Consulting Services For The City At No Cost (20) P.R. No. 22354—A Resolution Authorizing The City Manager To Enter Into A One Year Professional Services Agreement With Warren Environmental Of Village Mills, Texas, For Consulting Services Relating To Environmental Programs For Water And Wastewater Operations With A Total Projected Budgetary Amount Of$24,950.00. Funding Is Available In The Water Utilities Account No. 410-40-200- 5420-00-00-000, Professional Services (21) P.R. No. 22355 — A Resolution Authorizing The City Manager To Execute A One Year Contract With Tri-Con, Inc. Of Beaumont, Texas For The Purchase Of Dyed, Off-Road Diesel For Public Works, Pleasure Island And Utility Operation Departments, With An Annual Projected Budgetary Impact Amount Of $150,000.00. Funds Available In Fuel Accounts 001-21-055-5230-00-70-00 (Drainage); 403-50-320-5230-00-00-00 (Landfill); 450-60-410-5230-00-00-000 (Pleasure Island); 410-40-210-5230-00-00-000; 410-40-215-5230- 00-00-000; 410-40-220-5230-00-00-000; And 410-40-225-5230-00- 00-000 (Utility Services) (22) P.R. No. 22356 — A Resolution Authorizing The City Manager To Execute A One Year Contract With Patriot Security EOC Of Nederland, Texas For Security Guard Services For City Hall And City Hall Annex In The Projected Budgetary Impact Amount Of $90,000.00, Funds Available In Account No. 001-21-059-5470-00- 70-00 9 AGENDA FEBRUARY 1, 2022 VII. CONSENT AGENDA — CONTINUED (23) P.R. No. 22361 — A Resolution Authorizing The City Manager To Amend The Professional Services Contract With Weaver And Tidwell, LLP, For Auditing Services, Increasing The Contract By $77,000.00 To A New Contract Amount Not To Exceed $243,000.00; Funding Is Available In The Finance Department Professional Services Account #001-07-015-5420-00-10-000. (24) P.R. No. 22364 — A Resolution Amending Resolution No. 21-525, As It Pertains To The Purchase Of A Finn T120 Hydro-Seeder From Romco Paving Equipment Of Houston, Texas, Through BuyBoard Contract No. 597-19, Increasing The Amount By $8,930.00 To A New Total Not To Exceed Amount Of $83,249.00; Funding Is Available In The Capital Reserve Account No. 625-50-000-8520-00-00-000 (25) P.R. No. 22365 — A Resolution Authorizing The City Manager To Purchase One (1) BOMAG Asphalt Paver For The Streets Division From R. B. Everett & Company Of Pasadena, Texas, Through The BuyBoard Cooperative Purchasing Program, Contract No. 597-19, With A Total Projected Budgetary Impact Amount Of $442,164.00. Funding Is Available From Account Nos. 625-21-000-8523-00-00-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21953 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An Amended Commercial Lease Agreement With The City Of Port Arthur For An Emergency Operations Center At 549 4th Street (The Press Building) (2) P.R. No. 22000 — A Resolution Authorizing The City Manager To Enter Into An Emergency Services Contract With BFI Waste Systems Of Texas, LP DBA Republic Services Of Beaumont, Texas, For Residential Refuse Collection Services In The Not To Exceed Amount Of $145,000.00; Funding Available In Account No. 169-07-015- 5401-00-00-000, Project No. ARP010-GRE-RNT io AGENDA FEBRUARY 1, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 22018 — A Resolution Authorizing The City Manager To Enter Into An Emergency Services Contract With Premier Truck Sales & Rental, Inc. Of Cleveland, Ohio, For The Rental Of Two Garbage Trucks In The Not To Exceed Amount Of $31,000.00. Funding Is Available In ARPA Account No. 169-07-015-5401-00-40- 000, Project No. ARP010-GRE-RNT (4) P.R. No. 22340 — A Resolution Approving An Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Haulin Gas, LLC In An Amount Not To Exceed $490,516.00; Funds Available In EDC Account No. 120-80-625-5478-00-00-000 (5) P.R. No. 22341 — A Resolution Approving An Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And PARC Enterprises, Inc., D/B/A Script Care Pharmacy Of Texas For An Amount Not To Exceed $157,130.00; Funds Available In EDC Account No. 120-80-625-5478-00-00-000 (6) P.R. No. 22344 — A Resolution Amending Resolution No. 19-526 As It Pertains To A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And NDC Housing And Economic Development Corporation, Inc., A New York Corporation For Property Located At 4th Street Between Mobile And Shreveport Avenues. (7) P.R. No. 22370 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Moses) AGENDA FEBRUARY 1, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT— CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 7029 — An Ordinance Granting To CenterPoint Energy Resources Corp., DBA CenterPoint Energy Texas Gas Operations, The Right, Privilege And Franchise To Construct, Install, Extend, Remove, Replace, Abandon, Operate And Maintain Its Facilities Within The Public Rights-Of-Way Of The City Of Port Arthur, Texas For The Transportation, Delivery, Sale And Distribution Of Natural Gas; Containing Other Provisions Relating To The Foregoing Subject; Providing For Severability And Providing An Effective Date (2) P.O. No. 7034—An Ordinance Authorizing The Execution Of A Special Warranty Deed To Andy Green And Joyce Green, As It Pertains To The Property Located At 580 Pleasure Pier Boulevard; Legally Described As Unit 318, Building "B", Phase II, Pleasure Island Sea Cabins (3) P.O. No. 7035 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2021 And Ending September 30, 2022 By $16,392.00 For The General Fund 12 AGENDA FEBRUARY 1, 2022 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 — Attorney Client Privilege- To Discuss A Matter In Which The Duty Of The Attorney To The Governmental Body Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflicts With The Open Meetings Act (2) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Litigation And Other Legal Matters Involving The City Of Port Arthur (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City Limits And Extraterritorial Jurisdiction (ETJ)/Industrial District of Port Arthur (4) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Attorney, City Manager, And City Secretary (Requested By Councilmember Jones) 13 AGENDA FEBRUARY 1, 2022 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (5) Section 551.087 Government Code —To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect (Artistic Design Welding & Fabrication) *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 9:30 AM On February 2, 2022. 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 *************************************************** 14 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.