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HomeMy WebLinkAboutJUNE 21, 2022 REGULAR MEETING AGENDA 9:30 A.M. THURMAN BILL BARTIE,MAYOR RON BURTON INGRID HOLMES,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC CAL J.JONES CITY SECRETARY THOMAS J.KINLAW III O T t KENNETH MARKS VAL TIZENO CHARLOTTE MOSES l " CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting June 21, 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, June 21, 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: 862 5406 2859 And Passcode: 650450 (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. Website: http://www.portarthurtx.gov City Council Meeting City Hall Council Chamber City Of Port Arthur June 21, 2022 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Holmes Councilmember Jones Councilmember Kinlaw, III Councilmember Marks Councilmember Moses Councilmember Frank City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Joan Jones Regarding Taxes Paid By Motiva And Other Companies And How It Is Utilized B. Presentations (1) A Presentation By LithTech Sales And Marketing Vice President Roy Mullin Regarding Stronger, Better Roads For Less Cost (Requested By Councilmember Frank) (2) A Presentation By Staff Regarding An Overview Of The City Of Port Arthur Job Fair, Held On June 14, 2022 (3) A Presentation By Hani Tohme Regarding A Water And Sewer Rate Increase AGENDA JUNE 21, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 10:00 A.M. (1) A Public Hearing For The Purpose To Consider And Receive Public Comments Regarding: Proposed Change: Z22-02 (D&T Interest, LLC) A Zoning Change From Single Family "SF" To Planned Development District "PD" For The Residential Development Of Patio Homes Legal Description: Approximately 3.578-Acres Of Land Consisting Of Tract II, Reserve "B", Fairway Estates (North Of Jimmy Johnson Blvd And East Of Golfhill Drive) Port Arthur, Jefferson County, Texas Citizens With Questions Regarding 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 2 AGENDA JUNE 21, 2022 IV. PUBLIC HEARINGS — 10:00 A.M. — CONTINUED (2) A Public Hearing For The Purpose To Discuss And Receive Public Comments Regarding Z22-05 — Specific Use Permit For Approximately 0.7602-Acre Of Land Consisting Of Lots 7-12, Block 345, City Of Port Arthur Addition (2301 Gulfway Drive), Port Arthur, Jefferson County, Texas, For The Operation Of A Package Store A Precise Drawing And Description Of This Property Will Also Be Presented At The Public Hearing And Can Be Examined In The City Planning Department, City Hall, Port Arthur, Texas If You Cannot Attend The Meeting You May Send A Letter To The Planning Director, City Of Port Arthur, 444 Fourth Street, Planning Department Third Floor, Port Arthur, TX 77641. If There Are Additional Questions You May Contact The Planning Department At (409) 983-8133 The Public Will Also Be Able To View The Public Hearing Via The ity's Website At www.portarthurtx.gov. 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; (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; i AGENDA JUNE 21, 2022 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED 9 (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 — NONE 9 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 (Al) City Attorney Valecia Tizeno: Texas Emergency Management The Conference San Antonio, TX May 31 — June 3, 2022 $1,927.15 B. Minutes — None 4 AGENDA JUNE 21, 2022 • VII. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 22480 — A Resolution Authorizing The Purchase Of Verity Voting Equipment Conversion Hardware, Software, Implementation Support Services From Hart Intercivic Of Austin, Texas, Through The BuyBoard Cooperative Purchasing Program, Contract No. 622-20, For The Election Department In The Amount Of $251,120.00 Funding Available In Election Account Numbers 001-03-011-5318-00-10-000 And 001-03-011-5470-00-10-000 (2) P.R. No. 22495 —A Resolution Authorizing The City Manager To Enter Into An Advance Funding Agreement With The Texas Department Of Transportation (TxDOT) For A Texas Mobility Grant Fund (TMF) And Acknowledge The City Of Port Arthur's 25% Participation In The Grant Project For Improvements To Mechanic Street In Sabine Pass, Texas For The Sabine Pass Port Authority With A Projected Budgetary Impact Of $791,542.00. TXDOT Funding Received From TMF Will Be In An Amount Not To Exceed $2,374,6251.68. Funds Are Available In The Capital Improvement Street Account 307-21-053-8517-00-10- 000. Project No. ST1P90 (3) P.R. No. 22571 - A Resolution Authorizing The City Manager To Terminate The Contract With L & L General Contractors Of Beaumont, Texas For The Construction Of Port Arthur Transit's New Storage Building Located At 325 Dallas Avenue, Port Arthur, Texas In The Amount Not To Exceed $226,500.00. Funded By Account 401- 70-530-8512-00-60-000 (4) P.R. No. 22583 — A Resolution Authorizing The City Manager To Execute A Second Amendment To The Contract With The Solco Group, LLC Of Beaumont, Texas For Engineering And Design Services For Port Arthur Transit's (PAT) Parking Lot Expansion At 320 Dallas Avenue And For Reconstruction And Drainage Repairs On Dallas And Fort Worth Avenues In The Amount Of $6,120.00 To A New Contract Total Of $197,335.00 And Extending The Contract Through September 13, 2023; Funding Is Available In Account No. 401-70-530-8512-00-60-000, Project # TR11430 AGENDA JUNE 21, 2022 VII. CONSENT AGENDA — CONTINUED (5) P.R. No. 22594 — A Resolution Authorizing The City Manager To Execute Non-Exclusive Contracts With Triangle Dirt Works, LLC, Select Civil Services, LLC DBA Select Materials, And Mid-County Land Co., LTD, To Provide Various Soils To The City Of Port Arthur, With A Projected Budgetary Amount Of $600,000.00; Funding Is Available In Public Works — Landfill Construction Account No. 403-50-320- 5486-00-00-000; And Public Works Streets — Maintenance Account No. 001-21-053-5316-00-70-000 (6) P.R. No. 22595 — A Resolution Authorizing The City Manager To Execute A One-Year Contract Between The City Of Port Arthur And PC Trucking, Triangle Dirt Works, Select Materials And Lake City Trucking For Hauling Of Materials, With A Projected Budgetary Impact Of $900,000.00; Funding Available In Account Number 403- 50-320-5420-00-00-000 (7) P.R. No. 22600 — A Resolution Designating And Establishing The Hot Rod Daddy Bike/Car Show And Heritage Festival, Designating The Artists Of Southeast Texas As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof (8) P.R. No. 22608 — A Resolution Approving The 2022 Community Development Block Grant (CDBG) Funding Allocations In The Amount Of $1,082,136.00 For The City Of Port Arthur (9) P.R. No. 22610 — A Resolution Authorizing The City Manager To Change The City Of Port Arthur Pleasure Island RV Park's Hours Of Operation (10) P.R. No. 22615 — A Resolution Approving An Invoice In The Amount Of $5,424.00 From Impact Datasources, LLC Of Austin, Texas, To The Port Arthur Section 4A Economic Development Corporation For An Annual Subscription To Produce Project Economic And Fiscal Impact Reports. Funds Available In Account No. 120-80-625-5450- 00-00-000 L 6 AGENDA JUNE 21, 2022 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 22616 — A Resolution Approving A Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Digital Workforce Academy For The Training Of (10) Port Arthur Residents To Obtain Their NCCER Pipefitter 1 Certification In An Amount Not To Exceed $27,000.00; Funds Available In EDC Acct.#: 120-80-625-5475-00-00-000 (12) P.R. No. 22617 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Purchase Two (2) Additional Quads From Datavox In The Amount Of $1,360.02. Funds Available In Account 120-80-625-5240-00-00-000 (13) P.R. No. 22618 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract With Hernandez Office Solutions Of Nederland, Texas For A Copier Lease For 63 Months In The Amount Of $2,414.76 Annually; $12,677.49 Over The 63 Months Funds Available In EDC Account Number 120-80-625-5470-00-00-000 (14) P.R. No. 22619 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Purchase Co- Working And Space Rental Management Software From Yardi Kube Of Goleta, California. In The Amount Not To Exceed $22,000.00. Funds Available In Account 120-80-625-5450-00-00-000 (15) P.R. No. 22620 — A Resolution Authorizing The Reprogramming Of $117,933.00 Of Community Development Block Grant (CDBG) Funds From The Public Works Department To The Parks And Recreation Department For Sidewalk Improvements Adjacent To A City Park In A Low To Moderate Area Of The City. The Resolution Also Authorizes A Contract To Be Executed With The Parks And Recreation Department (16) P.R. No. 22621 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Horseshoe Construction, Inc. Of La Porte, Texas For The Sabine Pass Pipebursting Project No. 1, Increasing The Contract Amount By $78,574.00, Bringing Contract Total To $393,774.00; Account No. 405-40-000-8516-00-00-000, Project No. WS-0006-CON AGENDA JUNE 21, 2022 VII. CONSENT AGENDA — CONTINUED (17) P.R. No. 22622 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction (18) P.R. No. 22623 — A Resolution Authorizing The City Manager To Execute A Contract With Global Water Environment Technologies (WET) For The Rehabilitation Of The Clarifier At The Sabine Pass Wastewater Treatment Plant, With A Total Projected Budgetary Impact Of $237,500.00; Funding Is Available In FY 2022, Account No. 169-07-015-8516-00-40-000, Project No. ARP002 • (19) P.R. No. 22624 — A Resolution Authorizing The City Manager To Execute 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 $264,552.56. Funding Is Available In Account Nos. 410-40-215-5315-00-00-000 (Water System), & 410-40-220-5313-00-00-000, (Sanitary Sewer System) (20) P.R. No. 22625 —A Resolution Authorizing The City Manager To Enter Into A Contract For The Purchase Of Resilient Seat Valves, For The Utility Operations Department With Coburn Supply Of New Caney, Texas, With An Annual Projected Budgetary Impact Of $188,330.00. Funds Are Available In Account Nos. 410-40-215-5315-00-00-000 (Water System) & 410-40-220-5313-00-00-000 (Sanitary Sewer System). Valves Will Be Purchased As Needed And Stored In Inventory At The Utility Warehouse (21) P.R. No. 22627 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Schaumberg & Polk, Inc. Of Beaumont, Texas, For The Design And Construction Management Services Of The Force Main And Lift Station Improvements, Phase 2, From The Highway 365 Lift Station To The Intersection Of Highway 365 And Spur 93 With A Projected Budgetary Impact Of $345,800.00. Funds Are Available In Account No.405-40-000-8516-00-00-000, Project No. WS0012ENG 8 AGENDA JUNE 21, 2022 VII. CONSENT AGENDA — CONTINUED (22) P.R. No. 22628—A Resolution Authorizing The City Manager To Enter Into A Contract For The Purchase Of Liquid Sodium Bisulfite For The Utilities Department With Ineos Calabrian From Port Neches, Texas, With A Projected Budgetary Impact Amount Of $210,000.00. Funds Are Available In Utilities Account No. 410-40-225-5217-00-00-000, Treatment Chemicals (23) P.R. No. 22629 — A Resolution Authorizing The City Manager To Execute A First Amendment To The Lease With Aurora Capital Holdings LLC, A Delaware Limited Liability Corporation For The Property Located At 449 Austin Avenue (24) P.R. No. 22630 —A Resolution Authorizing The City Manager To Enter Into A Contract With Act Pipe & Supply Of Beaumont, Texas For The Purchase Of Brass, Curbstops, And Miscellaneous Fittings For The Water Utilities Department, Water Distribution Division, With A Projected Budgetary Impact Of $200,000.00. Funds Are Available In Account No. 410-40-215-5315-00-00-000, Water System Maintenance (25) P.R. No. 22635 —A Resolution Authorizing The City Manager And The City Attorney To Proceed With The Purchase Of 1.467 Acres Tract Of Vacant Land Located At The Northeast Corner Of Ray Avenue And 61st Street, From The Port Arthur Independent School District (PAISD) For The Purpose Of Constructing A New Fire Station; Funding Available In Capital Account No. 307-21-049-8512-00-10- 000; Project No. B00013 (26) P.R. No. 22636 —A Resolution Authorizing The City Manager To Enter Into A Contract With Arceneaux, Wilson & Cole, LLC Of Port Arthur, Texas For The Woodworth Boulevard Improvement Project From Gulfway Drive (Highway 87) To Lakeshore Drive For The Amount Of $383,410.00. Funding Is Available In The Capital Improvement Account Number 307-21-053-8517-00-10-000. Project #ST4002- ENG 9 AGENDA JUNE 21, 2022 VII. CONSENT AGENDA — CONTINUED (27) P.R. No. 22637 —A Resolution Authorizing The City Manager To Enter Into A Contract With Burditt Consultants, LLC. Of Conroe, Texas For The Development And Implementation Plan Of A Parks And Recreation Master Plan For The City Of Port Arthur With A Projected Budgetary Impact Of $67,000.00 Plus Reimbursables Of $ 3,000.00 For A Total Contract Amount Of $70,000.00. Funding Available In Account Number 001-25-065-5420-00-20-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22519 —A Resolution Authorizing The City Manager To Enter Into A Contract With Sigma Engineers Of Beaumont, Texas, For Construction Management Services For The New Health Facility Located At 5860 9th Avenue, Port Arthur, Jefferson County, Texas Not To Exceed $312,500.00; Funding Available In Capital Account: 307-21-049-8512-00-10-000; Project No. BU0006-CON (2) P.R. No. 22613 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Jones) B. Ordinances — Non-Consent (1) P.O. No. 7070 —An Ordinance Authorizing The Sale Of Surplus Heavy Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. 1 V AGENDA JUNE 21, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 7072 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Creating Planned Development District — 42 (PD-42) On Approximately 3.578 (Called 3.5625) Acres Of Land Being Of Tract II, Reserve "B", Fairway Estates, (North Of Jimmy Johnson Boulevard And East Of U.S. Highway 69), 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 Effective Immediately After Publication Date. Z22-02 — Golf Hills Villas / D&T Interests, LLC. (3) P.O. No. 7073 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit #241 To Allow The Land Use Of "Package Store" On 0.7602-Acre Of Land Consisting Of Lots 7-12, Block 345, City Of Port Arthur Addition (2301 Gulfway Drive), 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 Effective Immediately After Publication Date. Z22-05 — Zanamar Properties, LLC (4) P.O. No. 7075 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code f AGENDA JUNE 21, 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 — 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 (2) Section 551.071 Government Code — Attorney Consultation To Provide Advice and Counsel Regarding Collection Of Fees Owed To The City (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City Limits Of Port Arthur (4) Section 551.087 Government Code —To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospects *The Items In Executive Session May Be Discussed And Acted On In Open Session 12 AGENDA JUNE 21, 2022 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 June 22, 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 *************************************************** 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.