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HomeMy WebLinkAboutJULY 19, 2022 REGULAR MEETING AGENDA 9:30 A.M. THURMAN BILL BARTIE,MAYOR Energy RON BURTON INGRID HOLMES,MAYOR PRO TEM City of city CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC CAL J.JONES CITY SECRETARY THOMAS J.KINLAW III O r t r t h u r KENNETH MARKS VAL TREND CHARLOTTE MOSES Tc. a s CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting July 19, 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, July 19, 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: 892 7135 3314 And Passcode: 764444 (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 July 19, 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) Bonita Green Regarding 0. W. Collins Apartments (2) Zulema Escobedo Regarding Fair Practices In The City (3) Mike Pena Regarding Bid Approval Process (4) Jenn Nolan-MacNaughton Regarding Youth, Women And Veterans Outreach B. Presentations (1) A Presentation By Ardurra Regarding Drainage Projects In District 3 (Requested by Councilmember Kinlaw and Frank) AGENDA JULY 19, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By Staff Regarding Drainage Problems In District 3 (Councilmembers Kinlaw and Frank) (3) A Presentation By Harold Doucet, Sr. Regarding Violation Of The Open Meetings Act (4) A Presentation By Joseph Lavigne Regarding Smart City Development (Requested By Mayor Bartle) (5) A Presentation By Staff Regarding The May Financial Report And Highlights For The Proposed Budget For Fiscal Year 2022-2023 Arid Related Processes C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 10:00 A.M. A Public Hearing Regarding The New 2020 Census Data In Order To Comply With The "One-Person, One-Vote" (Equal Population) Principle Established By The U.S. Constitution, Which Is Necessary To Sufficiently Balance The Populations Of The City's Single-Member Council Districts And The Consideration Of New Boundaries, Based Upon The Adopted Guidelines For Public Participation, The Proposed Plan And Map Which Conforms To The Redistricting Criteria Adopted By The City Council And Discussion Of Draft Plan By The City Council And Any Amendments, If Necessary, To Finalize The Draft Plan For Future Adoption. 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: AGENDA JULY 19, 2022 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) - CONTINUED (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; (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 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, AGENDA JULY 19, 2022 VII. CONSENT AGENDA - CONTINUED 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 July 5, 2022 Special Meeting (Executive Session) July 5, 2022 Regular Meeting C. Resolutions (1) P.R. No. 22304 — A Resolution Authorizing The City Manager To Execute Contracts With Amelia Lawn Care And Landscaping Of Groves, Texas For Groups A, B, C, And D; K&D Affordable Of Port Arthur, Texas For Group E; BST Solutions Of Port Arthur, Texas For Groups F And G, And Rejecting All Bids For Group H Regarding Mowing Of Water Utilities Properties, With A Projected Budgetary Impact Of $120,000.00 Per Year; Funding Is Available In Account No. 410-40-230-5470-00-00-000, Other Contractual Services (2) P.R. No. 22377—A Resolution Authorizing The City Manager To Enter Into An Agreement With Coastal Pump Services, Inc. Of Manvel, Texas For Mechanical Repair Services For The Water Utilities Department For A Period Of Three Months With A Projected Budgetary Impact Amount Of $75,000.00. Funding Is Available In The Utilities Account Nos. 410-40-210-5318-00-00-000, 410-40-215- 5318-00-00-000, 410-40-220-5318-00-00-000, 410-40-225-5318- 00-00-000, Equipment Maintenance (3) P.R. No. 22405 — A Resolution Authorizing The City Manager To Execute A Three-Month Contract With Jet Aeration, LLC Of Vidor, Texas For Emergency Water Utilities And Constructions Services Support, With A Projected Budgetary Amount Of $75,000.00. Funding Is Available In Utilities Account Numbers 410-40-215-5315- 00-00-000, Water System Maintenance And 410-40-220-5313-00- 00-000, Sewer System Maintenance 4 AGENDA JULY 19, 2022 VII. CONSENT AGENDA - CONTINUED (4) P.R. No. 22626 — A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Removal Of Excess Sediments And Sludge From The Sabine Pass Wastewater Treatment Plant By Wastewater Transport Services Of Beaumont, Texas For A Total Amount Of $30,729.64; Funding Available In Account No. 410-40- 225-5470-00-00-000, Other Contractual Services (5) P.R. No. 22631 — A Resolution Authorizing A Non-Exclusive Agreement With Crowder Gulf Of Theordore, Alabama For Debris Removal & Emergency Services For The City Of Port Arthur In The Event Of An Emergency Or Disaster In An Amount Not To Exceed $13,000,000.00 (6) P.R. No. 22632 — A Resolution Authorizing A Non-Exclusive Agreement With Witt 0' Brien's Of Houston, Texas, For Debris Monitoring Services In The Event Of An Emergency Or Disaster In An Amount Not To Exceed $2,000,000.00 (7) P.R. No. 22638 — A Resolution Authorizing The Third Year (2nd And Final Renewal) Of The Contract With Farrwest Environmental Supply, LLC Of Schertz, Texas To Lease, Calibrate And Maintain Fire Department Hazardous Materials Monitoring And Detection • Equipment And Entry Suits, Through BuyBoard Cooperative Purchase Contract 603-20 In The Amount Of $63,334.15; Funding Available In Account No. 001-19-047-5318-00-30-000 (8) P.R. No. 22641 - A Resolution Authorizing The City Manager To Purchase Bullwall Ransomcare With A Licensing Period Of Two Years From SHI Government Solutions Through The Omnia Partners Information Technology Solutions &Services Contract #2018011-02. Funding For The Amount Of $55,988.00 Is Available In The Information Technology Capital Improvement Project Account 307- 09-023-8522-00-10-000 Project #IT1007 (9) P.R. No. 22643 — A Resolution Authorizing The Execution Of A Volunteer Agreement Between The City Of Port Arthur And The Community In-Power And Development Association (CIDA) As It Pertains To The Green Infrastructure Pilot Program To Be Implemented At Montrose Park r AGENDA JULY 19, 2022 VII. CONSENT AGENDA - CONTINUED (10) P.R. No. 22647 — A Resolution Authorizing The City Manager To Execute A Contract With Martin Asphalt Company To Provide Asphalt, Oil, And Emulsions To The City Of Port Arthur With A Projected Budgetary Amount Of $60,000.00. Funding Is Available In The Streets Maintenance Account, Account Number 001-21-053-5316- 00-70-000 (11) P.R. No. 22652 — A Resolution Authorizing The Payment To Computer Information Systems, Inc. Of Skokie, Illinois For The Annual License Renewal Fee For Maintenance Of The Police And Fire Department Computer Aided Dispatch, Record Management System And MCS/AVL Server, In The Amount Of $47,922.84; Funding Available In 001-17-045-5491-00-30-000 (12) P.R. No. 22659 - A Resolution Authorizing The City Manager To Execute A Contract With L & L General Contractors Of Beaumont, Texas For The Repair Of Port Arthur Transit's Canopy Located At 325 Dallas Avenue, Port Arthur, Texas In The Amount Not To Exceed $34,995.00. Funding Is Available In Account 401-70-530-8512-00- 60-000 Project TR1553 (13) P.R. No. 22661 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract With Bennet Electric Of Beaumont, Texas And Gulf Coast Electric, Co., Inc., Of Beaumont, Texas For Electrical Repairs And Maintenance At Various Locations, With A Projected Budgetary Impact Of $115,000.00 Funds Available In O&M Account Numbers For Various Departments (14) P.R. No. 22662 — A Resolution To Authorizing The Second Year (First Renewal) Of The Temporary Staffing Contract Between The City Of Port Arthur And Argus Talent, LLC of Houston, Texas For The Purpose Of Providing Temporary Employees For The City Of Port Arthur With A Projected Budgetary Impact Of $2,000,000.00; Funding Available In Various Departmental Accounts 6 AGENDA JULY 19, 2022 VII. CONSENT AGENDA - CONTINUED (15) P.R. No. 22663 —A Resolution Authorizing The City Manager To Apply For Grant Funding Through The 2019 HUD (CDBG-DR) Disasters Infrastructure Competition And The City's Contribution Of PAD Of The CDBG-DR Funds Requested (A Maximum Of $10,000.00 Per Application). There Is No Budgetary Impact To Apply For Funding (16) P.R. No. 22665 —A Resolution Authorizing The City Manager To Enter Into An Agreement For Independent Professional Services Between The City Of Port Arthur And Steven Moore, A Medical Laboratory Technologist, To Provide Contract Services For The City's Laboratory, Account Number 001-23-061-5470-00-50, Other Contractual Account. Funds In The Amount Of $30,000.00 Were Budgeted In The FY 2022 Budget And The Proposed FY 2023 (17) P.R. No. 22666—A Resolution Authorizing The City Manager To Enter Into An Agreement With Elite Contractors & Equipment, LTD Of Kirbyville, Texas For The S. 1st Avenue Pavement Improvement Project In Sabine Pass, Texas For The Amount Of $782,887.00. Funding Is Available In Capital Improvements Street Project Account 307-21-053-8517-00-10-000; Project No. ST1P9O-CON (18) P.R. No. 22667 — A Resolution Authorizing The City Manager To Amend The Contract Between The City Of Port Arthur And Fitz & Shipman, Inc. Of Beaumont, Texas For The S. 1st Avenue Pavement Improvement Project In Sabine Pass By $24,200.00 Resulting In The New Contract Amount Of $135,700.00 For The Modification Of Existing Drawings. Funding Is Available In The Capital Improvement Account Number 307-21-053-8517-00-10-000; Project #ST1P90- CON (19) P.R. No. 22668—A Resolution Authorizing The City Manager To Enter Into An Interlocal Gateway Monument Agreement With The Texas Department Of Transportation For The Installation Of Wayfinding Signage. There Is No Budgetary Impact To Enter The Agreement AGENDA JULY 19, 2022 VII. CONSENT AGENDA - CONTINUED (20) P.R. No. 22671 - A Resolution Of The City Of Port Arthur, Texas Designating The Officer Or Employee Responsible For Complying With Section 26.04 Of The Texas Tax Code (21) P.R. No. 22674—A Resolution Authorizing The City Manager To Enter Into A Six-Month Contract With Coburn Supply Co., Inc. Of Beaumont, Texas For The Purchase Of High Density Polyethylene (HDPE) Pipe For Pipebursting, With A Projected Budgetary Impact Of $243,000.00. Funding Is Available In Water Utilities Account No. 410-40-220-5313-00-00-000 (22) P.R. No. 22677 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Greenscapes Six, LLC Of Baytown, Texas For The Installation Of Sidewalks And Concrete Work, With A Projected Budgetary Impact Of $200,000.00; Funds Available In Street Maintenance Account No. 001-21-053-5316-00-70-000 (23) P.R. No. 22681 — A Resolution Authorizing The City Manager To Negotiate A Contract With Patillo, Brown & Hill, LLP Of Waco, Texas As Independent Auditor For The City Of Port Arthur For Fiscal Year 2021 With The Option To Renew For Four Subsequent Years, Funds Are Available In The Finance Department Account #001-07-015- 5420-00-10-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT • A. Resolutions — Non-Consent (1) P.R. No. 22660 — A Resolution Appointing Members To The Port Arthur Coalition For Homeless Advisory Board (Requested By Mayor Bartie And Councilmember Jones) (2) P.R. No. 22675 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With RDK Assets Inc. Of Tampa, Florida For Garbage Truck Rental Services In The Not To Exceed Amount Of $192,000 .00; Funding Is Available In ARPA Account No. 169-07-015-5401-40-000. Project No. ARP010-GRE-RNT 8 AGENDA JULY 19, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (3) P.R. No. 22682 — A Resolution Authorizing The City Manager To Revise The American Rescue Plan Act (ARPA) Project Categories Which Were Previously Approved (Public Comment Will Be Allowed Prior To Consideration Of This Item) B. Ordinances — Non-Consent (1) P.O. No. 7076 — An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Approving The Redistricting Of The City's Single Member Council Districts And Establishing New District Boundary Lines For Port Arthur City Council Elections Based On 2020 Census Data; And Providing For An Effective Date (2) P.O. No. 7079 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (3) P.O. No. 7083 — An Ordinance Of The City Of Port Arthur, Texas Authorizing The Suspension Of The Effective Date For An Additional Ninety (90) Days Beyond The August 5, 2022, Effective Date Proposed By Entergy Texas, Inc., In Connection With Its Rate Increase Application Entitled "Application Of Entergy Texas, Inc. For Authority To Change Rates", Filed On July 1, 2022; Authorizing Participation With The Entergy Texas, Inc. Service Area Cities Steering Committee Hiring Of Experts; Authorizing The City's Participation To The Full Extent Permitted By Law At The Public Utility Commission Of Texas; Requiring Reimbursement Of Municipal Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date 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 JULY 19, 2022 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 551.071 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 551.072 Government Code —To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The • City Limits Of Port Arthur *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 July 20, 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 *************************************************** 10 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. 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.