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HomeMy WebLinkAboutMARCH 14. 2023 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOREne ,y —� RON BURTON INGRID HOLMES,MAYOR PRO TEM City of city CITY MANAGER COUNCIL MEMBERS: del BELLARD,TRMC CAL J.JONES CITY SECRETARI' THOMAS J.KINLAW III a r t i-t h u r KENNETH MARKS VAL TIZENO CHARLOTTE MOSES ` CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting March 14, 2023 5:30 P. M. The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 5:30 P.M. CST On Tuesday, March 14, 2023 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: 872 8319 9915 And Passcode: 240187 (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 March 14, 2023 5:30 PM 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, Sr. City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Dr. Aziel Flores Regarding City Projects Pertaining To Streets, Drainage And City Own Properties (2) Kelley Kays, Doctor of Veterinary Medicine Regarding The Port Arthur Animal Shelter (3) Ricky Jason Regarding The Port Arthur Animal Shelter B. Presentations (1) A Presentation By Verna Rutherford, Pat Avery, Dr. Albert Thigpen, Dr. Sam Monroe, Steering Committee Regarding The Quasquicentennial Logo And Website 1 AGENDA MARCH 14, 2023 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By James Gileylen With JQUAD Planning Group Regarding The 2021 Home Investment Partnerships American Rescue Plan Program Grant (HOME-ARP) And Allocations Recommendations (3) A Presentation By James Gileylen With JQUAD Planning Group Regarding Affordable Housing C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.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; (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; AGENDA MARCH 14, 2023 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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, 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 Expense Reports (Al) City Manager Ron Burton: Golden Triangle Days Austin, TX February 27 — March 1, 2023 $1,162.54 AGENDA MARCH 14, 2023 VII. CONSENT AGENDA — CONTINUED A. Travel Request Pre-Travel Estimate (A2) Mayor Thurman Bartie: African American Mayor's Conference Washington, DC April 18 — 22, 2023 $5,749.40 B. Minutes — None C. Resolutions (1) P.R. No. 22506 — A Resolution Authorizing The City Manager To Negotiate A Contract With Arceneaux, Wilson & Cole LLC (AWC) Of Port Arthur, Texas For Professional Services Associated With The Planning And Design Of The Underground Utilities & Communication Systems Infrastructure Project. This Is Part Of The Economic Development Administration Investment Plan (EDA). Funds Are Available In Account 305-21-625-8525-00-00-000. Project Number DT0003 (2) P.R. No. 22536—A Resolution Authorizing The City Manager To Enter Into A Cooperative Working Agreement With The Rape And Suicide Crisis Center Of Southeast Texas To Provide Services For Sexual Assault Victims And Other Victims Of Crime (3) P.R. No. 22573 — A Resolution Authorizing The City Manager To Renew A Service Agreement Between The City Of Port Arthur And Spectrum Of Stamford, Connecticut For Data And Networking Services With A Projected Budgetary Impact Of $21,564.00; Funding Is Provided In Water Utilities Account Number 410-40-215-5482-00- 00-000, Communications (4) P.R. No. 22649 —A Resolution Authorizing The City Manager To Enter Into An Agreement With Schaumberg & Polk, Inc. For The Investigation, Engineering Design, And Demolition Management Of An Abandoned Water Distribution Line With A Not To Exceed Amount Of $99,900.00; Project Budgeted In The FY 2021 CIP Account No. 405-40-000-8516-00-00-000, Water Utility Systems, Project No. WS0009 4 AGENDA MARCH 14, 2023 VII. CONSENT AGENDA — CONTINUED (5) P.R. No. 22710 — A Resolution Authorizing The City Manager To Purchase Two (2) Pentair Fairbanks-Nijhuis Replacement Rotating Assemblies For The Water Utilities Department With JDC Fluid Equipment, LLC Of Houston, Texas In Amount Of $167,644.00. Funds Are Available In Water Utilities Account No. 410-40-220-5318- 00-00-000, Equipment Maintenance (6) P.R. No. 22825 — A Resolution Authorizing The City Manager To Award The Road Reconstruction And Drainage Repairs Of Dallas And Fort Worth Avenues To AAA Asphalt Paving Inc., Of Pinehurst, Texas In The Amount Not To Exceed $509,352.50. Funding Is Available In Transit Capital Account 401-70-530-8525-00-60-000; Project DR1P06 (7) P.R. No. 22870 — A Resolution Authorizing The Purchase Of Thirteen Bullet Resistant Shields For The Port Arthur Police Department From Gt Distributors For A Total Of $59,196.54 Through BuyBoard Contract 603-20; Funds Available Through The Fy23 Bullet Resistant Shield Grant Account Number 107-17-045-5240-00-30-000. Project Code Ps4001.Gre.Min • (8) P.R. No. 22888 — A Resolution Authorizing The City Manager To Accept The Fiscal Year 2022 State Homeland Security Grant Program (SHSP-LETPA) Funding With No Grant Match Requirement (9) P.R. No. 22893—A Resolution Authorizing The City Manager To Enter Into An Agreement For Mechanical Services With IPS Pump Services, Inc. Of Houston, Texas For The Water Utilities Department For A One-Year Period, With A Projected Budgetary Impact Amount Of $500,000.00. 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 5 AGENDA MARCH 14, 2023 VII. CONSENT AGENDA — CONTINUED (10) P.R. No. 22895 — A Resolution Authorizing The City Manager To Execute A One-Year Contract With Jet Aeration, LLC Of Vidor, Texas For Emergency Water Utilities And Constructions Services Support, With A Projected Budgetary Amount Of $300,000.00. 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 (11) P.R. No. 22913 —A Resolution Authorizing The City Manager To Enter Into A Contract With Schaumburg & Polk, Inc. Of Beaumont, Texas, For Professional Services Rendered As Project Engineer For The Procter Street Extension Elevated Storage Tank Rehabilitation Project With A Projected Budgetary Impact Of $98,000.00; Funds Are Available In Account No. 405-40-000-8516-00-00-000, Project No. WS-0013 DES (12) P.R. No. 22917 — A Resolution Authorizing The City Manager To Accept An Overpayment In The Amount Of $30,293.14 From Texas Municipal League Intergovernmental Risk Pool (TMLIRP) for Monthly Contribution (13) P.R. No. 22937 — A Resolution Authorizing The City Manager To Accept Close-Out Documents Submitted By RoofConnect Logistics, Inc. Of Sheridan, Arkansas, And Approve The Release Of Retainage In The Amount Of$50,222.34. Funding Is Available In The Hurricane Laura - FEMA Contractual Services Account, Account Number 156- 07-015-5470-00-40-000, Project No. LAUR21-GRE-BUM (14) P.R. No. 22965 — A Resolution Authorizing The City Manager To Execute A Contract With The Solco Group, LLC Of Port Arthur, Texas For Engineering And Design Services For Port Arthur Transit's (PAT) Terminal Building Expansion Located At 322 Procter Street, Port Arthur, Texas In The Amount Not To Exceed $64,540.00. Funding Is Available In Account 401-70-530-8512-00-60-000. Project Tr1416 6 AGENDA MARCH 14, 2023 VII. CONSENT AGENDA — CONTINUED (15) P.R. No. 22996 — A Resolution Authorizing The City Manager To Purchase One (1) Bomag Reclaimer/ Stabilizer For The Streets Division From R. B. Everett&Company Of Pasadena, Texas, Through The BuyBoard Cooperative Purchasing Program, Contract No. 685- 22, With A Total Budgetary Impact Amount Of $507,352.00. Funding Is Available From Account No. 625-21-000-8523-00-00-000 (16) P.R. No. 22997 — A Resolution Authorizing A One Year Contract With Ardurra Group, LLC For Disaster Recovery Grant Management And Administration Services Related To Hurricane Harvey Projects In An Amount Not To Exceed $10,000.00, Increasing The Total Contract Compensation Amount From $3.74 Million To $3.75 Million For FEMA Public Assistance; Fund Availability Is Subject To Reimbursement From FEMA And/Or Other Sources; To Be Paid From Hurricane Harvey Account #147-07-015-5420-00-40-000, Project Number DS2617-GRE-PRO (17) P.R. No. 22998 — A Resolution Authorizing A One Year Renewal Of The Contract With Ardurra Group. LLC For Disaster Recovery Grant Management And Administration Services And Assistance Related To Flood Infrastructure (FIF) Projects With No Additional Contract Funding Required (18) P.R. No. 23000 — A Resolution Authorizing The City Manager To Execute A Pipeline Crossing Contract With Kansas City Southern Railway Company And Authorizing Payment In The Not-To-Exceed Amount Of $9,375.00 For Permit Fees Relating To The Replacement Of A City Utilities Water Line At Mile Post K 778.91 (Beaumont Subdivision) Port Arthur (Jefferson County), Texas; Funding Is Available In Water Utilities Account No. 410-40-215-5315-00-00-000, Water System Maintenance AGENDA MARCH 14, 2023 VII. CONSENT AGENDA — CONTINUED (19) P.R. No. 23001 — A Resolution Authorizing The Execution Of Contracts For The Purchase Of Water And Wastewater Treatment Chemicals For The Water Utilities Department With Premier Chemicals & Services, Brenntag Southwest, Inc., DXI Industries, Inc., Tanner Industries, Inc., Univar Solutions USA, Inc. And Simply Aquatics, Inc. With A Projected Budgetary Impact Of $1,227,340.00. 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 (20) P.R. No. 23002 —A Resolution Approving Change Order No. 1 To The Contract With Straight Line Services Of Buna, Texas (Group C-T). Removing Second Slab Located At 2014 Wignall Avenue, Increasing The Contract Amount By $1,200.00 To A New Total Not To Exceed Amount Of $28,983.80; Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (21) P.R. No. 23004 — A Resolution Authorizing The City Manager To Purchase One (1) Bomag Asphalt Roller For The Streets Division From R. B. Everett & Company Of Pasadena, Texas, Through The BuyBoard Cooperative Purchasing Program, Contract No. 685-22, With A Total Budgetary Impact Amount Of $195,271.00. Funding Is Available From Account No. 625-21-000-8523-00-00-000 (22) P.R. No. 23006—A Resolution Authorizing The City Manager To Enter Into A Contract With Preferred Facilities Group - USA, LLC Of Port Arthur, Texas For The Construction Of Wayfinding Signs For The Wayfinding And Monument Signage Program For The City Of Port Arthur With A Projected Budgetary Impact Of $1,237,130.40 ($1,087,000.74 Available In H01014 And $150,129.66 Available In PR0009-OTH) (23) P.R. No. 23007—A Resolution Authorizing The City Manager To Enter Into A Contract With Preferred Facilities Group - USA, Of Beaumont, Texas For The Repairs To The South Pedestrian Bridge At The Babe Zaharias Golf Course, Through The Choice Partners Purchasing Program, Contract No. 20/017MR-17 With A Projected Budgetary Impact Of $124,020.67. Funding Available In Golf Course Fund Account 103-25-065-8526-00-20-000 8 AGENDA MARCH 14, 2023 VII. CONSENT AGENDA — CONTINUED (24) P.R. No. 23008—A Resolution Authorizing The City Manager To Enter Into Contracts With Derrick & Noah Lawn Service Of Port Arthur, Texas For Group 7(A) And Consider US Of Port Arthur, Texas For Group 8; And Rejecting Bids For Groups 4, 5, 6, 7(B), 10 And 12 For The Mowing Of Various City Properties, Parks & Right-Of-Ways With A Projected Budgetary Impact Of $29,480.00 Funding Available In Parks Account No. 001-25-065-5311-00-20-000 (25) P.R. No. 23009 — A Resolution Authorizing The Designation Of May 13, 2023 And October 14, 2023 As International Migratory Bird Day In Port Arthur To Urge All Citizens To Celebrate This Observance While Supporting Efforts To Protect And Conserve Migratory Birds And Their Habitats In Our Community And The World At Large (26) P.R. No. 23012 —A Resolution Authorizing The Purchase Of Polymers And Delineating Procedures For The Purchase Of Other Chemicals, With An Estimated Combined Budgetary Impact Of $1,645,000.00. Funding Is Available, $1,510,000.00 In Water Utilities Account No. 410-40-210-5217-00-00-000, And $135,000.00 From Account No. 410-40-225-5217-00-00-000, Treatment Chemicals (27) P.R. No. 23014 — A Resolution Approving The $1,000,453.00 Allocations For The 2021 Home Investment Partnerships American Rescue Plan Program (HOME-ARP) Funding From The Department Of Housing And Urban Development (28) P.R. No. 23015 — A Resolution Amending Resolution Number 23-002 Increasing The Cost To Repair The 826K Compactor's Motor And Components By Mustang CAT Of Beaumont, Texas, Through Sourcewell Contract 032119-CAT By $3,983.09 To A New Total Of $155,250.01. Funds Are Available In Public Works — Landfill Equipment Maintenance Account, Account Number 403-50-320- 5318-00-00-000 i 1 (29) P.R. No. 23017 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction 9 AGENDA MARCH 14, 2023 VII. CONSENT AGENDA — CONTINUED • (30) P.R. No. 23018 — A Resolution Authorizing The City Manager To Execute A Rental Contract With HERC Rentals For A Six Month Period For The Total Amount Not To Exceed $26,136.00 For The Rental Of Three Trucks Due To The Delays In The Delivery Of The Capital Equipment Replacement Lease Vehicles; Funding Is Available In Account Number 410-40-205-5401-00-00-000, Rent (31) P.R. No. 23019 — A Resolution Authorizing The City Manager To Purchase A Chevrolet 3500 Crew Cab With A Crane Package From Caldwell Country Chevrolet Of Caldwell, Texas, Through BuyBoard Contract No. 601-19 For The Wastewater Conveyance Division In The Total Amount Not To Exceed $107,104.00. Funds Are Available In Capital Equipment Account No. 625-40-000-8523-00-00-000, Equipment (32) P.R. No. 23020 — A Resolution Authorizing The City Manager To Purchase A Chevrolet 3500 Crew Cab From Caldwell Country Chevrolet Of Caldwell, Texas, Through BuyBoard Contract No. 601- 19 For The Wastewater Conveyance Division In The Total Amount Of $71,697.00. Funds Are Available In Capital Equipment Account No. 625-40-000-8523-00-00-000, Equipment (33) P.R. No. 23021 — A Resolution Authorizing The City Manager To Purchase Various Supervisory Control And Data Acquisition (SCADA) System Products And Subscription From Data Flow Systems, Inc. Of Melbourne, Florida For The Water Utilities Department With A Projected Budgetary Impact Of $61,123.00 And An Annual Subscription Payment Amount Of $1,716.00 For A Five Year Period; Funds Are Available In Water Utilities Account Nos.; $31,284.00 Will Be Charged To 410-40-215-5240-00-00-000, Minor Equipment; $29,839.00 Will Be Charged To 410-40-220-5240-00-00-000, Minor Equipment; And $1,716.00 Will Be Paid Annually From 410-40-220- 5482-00-00-000, Communication P 1 U AGENDA MARCH 14, 2023 VII. CONSENT AGENDA — CONTINUED (34) P.R. No. 23022 — A Resolution Authorizing City Manager To Execute • The Second Year (Final Renewal) Of The Janitorial Services Contract For The Utility Operations With AHC Services Of Beaumont, Texas With An Annual Projected Budgetary Impact Of $33,987.12; Funding Is Available In Account Nos. 410-40-210-5470-00-00-000 And 410- 40-215-5470-00-00-000, Other Contractual Services (35) P.R. No. 23024 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 For The Emergency Repair Of Fire Engine 6 By Siddons-Martin Of Port Arthur, Texas In The Not To Exceed Amount Of $2,162.95 Increasing The Total Cost For Emergency Repair Of Engine 6 Front End Suspension To Be $30,305.17. Funds Available In Fire Department Vehicle Maintenance Account No. 001-19-047-5319-00-30-00 (36) P.R. No. 23025 — A Resolution Ratifying The City Manager's Decision For Change Order No. 1 To The Contract Between The City Of Port Arthur And Elite Contractors & Equipment, Ltd Of Kirbyville, Texas, For The Removal, Repair And Reinstallation Of The Entry Gate At The Sabine Pass Port Authority (SPPA) On The South 1st Avenue Project To Secure The Facility Due To Homeland Security Regulations In The Amount Of $30,857.00 For A New Contract Total Of $813,744. Funding Is Available From Capital Improvement Account 307-21-053-8517-00-10-000. Project No. ST1P90 (37) P.R. No. 23026 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And Elite Contractors & Equipment, LTD Of Kirbyville, Texas, Adding 45 Calendar Days To The Original Contract Completion Date Of March 16, 2023 To The New Contract • Completion Date Of May 1, 2023. Funding In The Capital Improvement Account 307-21-053-8517-00-10-000 Is Not Impacted. Project No. ST1P90 (38) P.R. No. 23028 — A Resolution Authorizing The City Manager To Execute Deeds Of Trust And Deferred Loan Agreements Between The City Of Port Arthur And Four (4) Homeowners As It Pertains To The Owner-Occupied Rehabilitation And Demo/Reconstruction Federal Program AGENDA MARCH 14, 2023 VII. CONSENT AGENDA — CONTINUED (39) P.R. No. 23029—A Resolution Authorizing The City Manager To Enter Into A Contract With All Campus Security Of Houston, Texas, Through TIPS Cooperative Contract No. 200203 To Replace The Access Control System At The Water Service Center And Water Warehouse With A Projected Budgetary Impact Of $29,314.51; Funding Is Available In Water Utilities Department, Administration Division Account No. 410-40-200-5312-00-00-000; Building Maintenance (40) P.R. No. 23033 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $164,672.00 Made Against Texas Municipal League • Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To A Traffic Signal On Gulfway Drive And Bluebonnet (41) P.R. No. 23034 — A Resolution Authorizing The City Manager To Replace Thirty-Six Vehicles For Various City Departments Under The Existing Master Equity Lease Agreement With Enterprise Fleet Management, Inc. With A Total Estimated Cost For The Lease Program Of $474,183 For Fiscal Year 2023 (42) P.R. No. 23039 — A Resolution Initiating The Proceedings To Create A Neighborhood Empowerment Zone In Port Arthur's Westside VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22565 — A Resolution Authorizing The City Manager To Execute A Contract With Allco, LLC Of Beaumont, Texas For The Replacement Of An Existing 16" Force Main Known As El Vista Sanitary Sewer Force Main With A Projected Budgetary Impact Of $2,299,500.50. Funding Is Available In Account No. 405-40-000- 8516-00-00-000, Sewer System, Project No. WS0007-CON 12 AGENDA MARCH 14, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 22972 — A Resolution Authorizing The City Manager To Execute A Contract With Allco, LLC Of Beaumont, Texas For The 9th Avenue Sanitary Sewer Main Replacement With A Projected Budgetary Impact Of $808,376.25. Funding Is Available In Account No. 307-21-049-8512-00-10-000, Project No. B00006-CON (3) P.R. No. 22999 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Accept Close Out Documents Submitted By SETEX Facilities And Maintenance, LLC And Approve The Release Of Retainage For The 549 4th St. Phase I And Phase II Additions And Renovations In The Amounts Of $362,499.99 And $102,992.82, Respectively. Funding Is Available In The EDC Account No. 307-00-000-2050-00-00-000, Project No. ED0549 (4) P.R. No. 23010 —A Resolution Appointing A Member To The Planning And Zoning Commission Of The City Of Port Arthur, And Whose Term Shall Expire October 30, 2024 (5) P.R. No. 23023 — A Resolution Authorizing The March 28, 2023 Regularly Scheduled Council Meeting Date To Be Rescheduled Or Cancelled B. Ordinances — Non-Consent (1) P.O. No. 7127 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2022 And Ending September 30, 2023 By Increasing The Golf Course Fund By $100,000.00, Increasing The Hotel Occupancy Tax Fund By $977,400.00 And Increasing The Capital Reserve Fund By $220,367.00 (2) P.O. No. 7130 — An Ordinance Authorizing The Conveyance Of The City Owned Vacant Tracts Of Land Commonly Known As 725, 733 And 735 West 5th Street To First Sixth Street Baptist Church Pursuant To §253.011 Of The Texas Local Government Code 13 AGENDA MARCH 14, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 7133 — An Ordinance Amending Chapter 86 Solid Waste, Article III Refuse, Section 86-79(H) As It Pertains To The Rate For Heavy Users And Special Waste Rate And Providing For Publication (4) P.O. No. 7134 — An Ordinance Of The City Of Port Arthur, Texas, Suspending The Rates Proposed By Texas Gas Service Company's ("TGS" Or "Company") Gas Reliability Infrastructure Program ("GRIP") Filing Made With The City On February 9, 2023; 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. 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 March 15, 2023. 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.