Loading...
HomeMy WebLinkAboutMARCH 30, 2023 REGULAR MEETING 10:00 AM 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 Olt rt h u r KENNETH MARKS Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting March 30, 2023 10:00 A.M. The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 10:00 A.M. CST On Thursday, March 30, 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: 814 5850 9132 And Passcode: 417097 (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: htto://www.portarthurtx.gov City Council Regular Meeting City Hall Council Chamber City Of Port Arthur March 30, 2023 10:00 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, 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) Gail Pellum Regarding Juneteenth (2) Jacqueline Hebert Regarding The City Of Port Arthur Animal Shelter (3) Kevin Martin Regarding The City Of Port Arthur Animal Shelter (4) Michael Gonzalez Regarding The City Of Port Arthur Animal Shelter (5) Angela Dodson of Laws 4 Paws Regarding The City Of Port Arthur Animal Shelter, Spay And Neuter Program (6) Artemus Hancock Regarding Sewer And Drainage AGENDA MARCH 30, 2023 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Gary Sullivan And Charles Wheeler Of The U.S. Army Corps Of Engineers (Galveston District) Regarding An Update Of The Port Arthur Project (2) A Presentation by COO Van Shotwell And CEO Jimmie Wheeler Regarding West Side Revitalization And Development (Requested By Mayor Bartie) C. Employee Recognition — None D. Correspondence — None E. Discussions — 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; (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; P AGENDA MARCH 30, 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 (1) 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 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. • AGENDA MARCH 30, 2023 VII. CONSENT AGENDA — CONTINUED A. Travel Expense Reports (A1) Municipal Court Judge Antoine Freeman: Golden Triangle Days Austin, TX February 27 — March 1, 2023 $1,735.77 (A2) City Attorney Val Tizeno: Golden Triangle Days Austin, TX February 27 — March 1, 2023 $1,323.27 A. Travel Request Pre-Travel Estimate (A3) Mayor Thurman Bartle: Texas Legislative Black Caucus Austin, TX April 2 — April 4, 2023 $932.90 B. Minutes — None C. Resolutions (1) P.R. No. 22894 — A Resolution Authorizing The City Manager To Reject The Request For Proposals For Printing Of Water Bills For The Water Utilities Department (2) P.R. No. 22960 — A Resolution Authorizing The City Manager To Execute A Contract With Arceneaux Wilson & Cole, LLC Of Port Arthur, Texas For Data Collection, Detailed Design, And Construction Phase Services For Underground Utilities And Communication System Infrastructure (Fiber Optic Infrastructure) In The City's Designated Downtown Business District In The Not To Exceed Amount Of $489,869.00. Funding Is Available In Capital Account 305-21-000- 8525-00-00-000; Project No. DT0003 ENG 4 AGENDA MARCH 30, 2023 VII. CONSENT AGENDA — CONTINUED (3) P.R. No. 22985 —A Resolution Authorizing The City Manager To Enter Into An Advance Funding Agreement (AFA) With The Texas Department Of Transportation (TxDOT) For Traffic Signal Improvements At Various Intersections Within The City Under The Highway Safety Improvement Program. The Amount Of Funding Scheduled From TxDOT For This Project Is $1,095,916.00 With A City Match Of $66,510.00 And Is Available In The Capital Project Account Number 307-21-049-8522-00-10-000, Project Number CE0002-0TH (4) P.R. No. 23016 — A Resolution Designating And Establishing The Lakeshore Lodge Easter Egg Hunt And Toy Giveaway, Designating Lakeshore Lodge #256 F&AM As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof (5) P.R. No. 23035 — A Resolution Authorizing The City Of Port Arthur To Accept The Fiscal Year 2023 Texas Department Of Transportation "Click It Or Ticket" Program Allocation In The Amount Of $3,500.00 (No Match Required) (6) P.R. No. 23037 — A Resolution Approving A Pre-Employment Workforce Training Agreement Between The Port Arthur Economic Development Corporation And Lamar State College Port Arthur For The Training Of Port Arthur Residents As Class A & B Commercial Drivers In An Amount Not To Exceed $120,000.00; Funds Available In EDC Acct.#: 120-80-625-5475-00-00-000 (7) P.R. No. 23038 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Amend The Number Of Students To Utilize Pre-Employment Workforce Training Funds In Order To Pay A Higher Wage To Implement A 2023 Youth Employment Program In An Amount Not To Exceed $83,200.00; Funds Available In EDC Account No. 120-80-625-5115-00-00-000 5 AGENDA MARCH 30, 2023 VII. CONSENT AGENDA — CONTINUED (8) P.R. No. 23040 — A Resolution Approving The Contract Between The City Of Port Arthur And The Department Of State Health Services To Support Hiring, Retaining, And Training The Public Health Workforce, And To Strengthen Public Health Infrastructure. The Total Amount Of This Grant Will Not Exceed $500,727.00. It Will Be Effective On Signature And Terminates November 30, 2027. No Cash Match Is Required (9) P.R. No. 23041 — A Resolution Approving The Contract Between The City Of Port Arthur And The Department Of State Health Services In The Amount Of $35,787.00 With A 20% Cash City Match Of $7,157.00 For A Combined Total Not To Exceed $42,923.00. This Is Contingent On The $7,157.00 Being Budgeted And Approved In The City's General Fund For FY 2023. The Contract Period Is From September 1, 2023, Through August 31, 2024 (10) P.R. No. 23042 — A Resolution Authorizing The City Manager To Renew The Contract With Diamond Shine Building Service Of Buna, Texas For Janitorial Services For The Health Department In The Not To Exceed Amount Of $68,472.00. Funds Budgeted In The Health Department Other Contractual Account 001-23-061-5470-50-000 (11) P.R. No. 23043 — A Resolution Authorizing The City Manager To Accept Grants, Contributions Of Goods Services, And Money From Industry, Commercial Sponsors And Community Groups For The City Of Port Arthur's Earth Day City-Wide Clean-Up On April 22, 2023 (12) P.R. No. 23044 — A Resolution Authorizing The City Manager To Accept A Donation Of A Fuel Tank For The Storage Of Diesel Fuel On Pleasure Island From Sabine Pass Port Authority (13) P.R. No. 23045 — A Resolution Authorizing The City Manager To Execute A Contract With Arceneaux, Wilson & Cole, LLC Of Port Arthur, Texas For Engineering Design And Construction Management Services For Pleasure Island Marina Rehabilitation In The Total Amount Not To Exceed $39,915.00; Funding Available In Account Number 307-60-000-8525-00-10-000 Project Number. PI0001 6 AGENDA MARCH 30, 2023 VII. CONSENT AGENDA — CONTINUED (14) P.R. No. 23046—A Resolution Authorizing The City Manager To Enter Into An Agreement With The Labiche Architectural Group, Inc. Of Beaumont, Texas For The Development Of Professional Plans For Repairs To Rosehill Manor And Submission To The Texas Historical Commission, As Well As Working With The Texas Historical Commission For Approval, In The Amount Of $46,980.00 Plus Reimbursables Not To Exceed $1,000.00. Funds Available In Project String B00014, Account 307-21-049-8512-00-10-000 (15) P.R. No. 23047 — A Resolution Authorizing The City Manager Of The City Of Port Arthur To Execute A License Renewal With The Department Of The Army For The Use And Maintenance Of Pleasure Islet Road On U. S. Government Property. There Is No Budgetary Impact (16) P.R. No. 23051 — A Resolution Authorizing Payment Of An Invoice From South East Texas Regional Planning Commission For Membership Dues In The Amount Of $29,284.40 For The Fiscal Year Ending September 30, 2023. City Manager Contingency Account #001-01-005-5470-00-10-000, Project # MA0022 (17) P.R. No. 23052 — A Resolution Approving The 2023 Community Development Block Grant (CDBG) Funding Allocation In The Total Amount Of $1,042,808.00 For The City Of Port Arthur (18) P.R. No. 23053 — A Resolution Authorizing The City Manager To Purchase One (1) 2023 Peterbilt Labrie 520 ASL Garbage Truck For The Solid Waste - Garbage Division From Rush Truck Center Of New Braunfels, Texas, Through The BuyBoard Cooperative Purchasing Program For The Amount Of $390,250.00. Funding Is Available Through The Capital Improvement Fund Account, Account Number 307-50-000-8522-00-10-000 (19) P.R. No. 23054 — A Resolution Authorizing The City Manager To Renew Insurance Policies For Various Locations With Wright National Flood Insurance Company For Flood Insurance In The Amount Of $76,500.00. Proposed Funding By: 612-11-025-5410-00-00-000- $76,500.00 Liability Insurance Fund AGENDA MARCH 30, 2023 VII. CONSENT AGENDA — CONTINUED (20) P.R. No. 23055 — A Resolution Approving Settlement Of Wind Damage Claims In The Amount Of$227,131.99 Made Against Certain Underwriters At Lloyd's Of London Insurance Company (Through Agent USI Southwest Inc., El Paso) Due To Hurricane Laura (August 27, 2020) To Various City Properties (21) P.R. No. 23056 — A Resolution Approving Settlement Of Wind Damage Claims In The Amount Of$161,387.06 Made Against Certain Underwriters At Landmark American Insurance Company (Through Agent USI Southwest Inc., El Paso) Due To Hurricane Laura (August 26, 2020) To Various City Properties (22) P.R. No. 23057 — A Resolution Approving Settlement Of Wind Damage Claims In The Amount Of $92,360.23 Made Against Certain Underwriters At Landmark American Insurance Company (Through Agent USI Southwest Inc., El Paso) Due To Hurricane Delta (October 9, 2020) To Various City Properties (23) P.R. No. 23058 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract With Global Drilling, Inc. Of Winnie, Texas For The Sabine Pass Pipebursting Project No. 2, Increasing The Contract Amount By $17,000.00 To A New Total Contract Amount Of $622,693.90 And A Time Extension Of 23 Days To A New Contract End Date Of March 31, 2023; Funding Is Available In Account No. 405-40-000-8516-00-00-000, Project No. WS-0006- CON (24) P.R. No. 23060 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract With Carter & Co, Of Beaumont, Texas For The Water Utilities Flooring Replacement, Increasing The Contract Amount By $9,585.55, To A New Total Contract Amount Not To Exceed $68,701.79 And A Time Extension Of 45 Days To A New Contract End Date Of April 28, 2023; Account No. 410-40-200-5312-00-00-000, Building Maintenance 8 AGENDA MARCH 30, 2023 VII. CONSENT AGENDA — CONTINUED (25) P.R. No. 23063 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 Between The City Of Port Arthur And Allco, LLC Of Beaumont, Texas For The Removal Of Trees/Tree Stumps On The 2022-2023 Street Rehabilitation Project-District 1 For The Amount Of $32,325.00. Funds Are Available In The Street Capital Fund Account No. 307-21-053-8517-00-10-000 (26) P.R. No. 23066 — A Resolution Authorizing The Mayor And City Manager To Sign A Letter Of Support For LG Chem Ohio Petrochemical, Inc. Application To The Office Of The Governor Economic Development Tourism Division For Participation In The Economic Development & Diversification In-State Tuition For Employees Program (27) P.R. No. 23067 —A Resolution Authorizing The City Manager To Enter Into A Contract With Environmental Improvements, Inc. Of Houston, Texas For The Purchase And Installation Of Replacement Chlorine Trunnions/Scales For The Port Acres Wastewater Treatment Plant, In The Total Amount Not To Exceed $27,844.52; Funding Is Available In Water Utilities Department, Water Purification Division Account No. 410-40-210-5312-00-000, Building Maintenance (28) P.R. No. 23069 — A Resolution Of The City Of Port Arthur, Texas, Designating A Primary Bank Depository And Authorizing The City Manager To Sign And Execute A Bank Depository Services Agreement With PNC Bank, National Association And To Authorize The Director Of Finance And City Secretary To Execute All Documents Necessary To Implement The Contract To Be Effective April 1, 2023. (29) P.R. No. 23070—A Resolution Authorizing The City Manager To Enter Into A Contract With Preferred Facilities Group-USA, LLC Of Beaumont, Texas Through BuyBoard Cooperative Purchasing Program (Contract No. 581-19) For The Mold Assessment And Interior Repairs Of The Interior Of Station #6 In The Not To Exceed Amount Of $20,618.45; Funding Available In Fire Department Building Maintenance Account No. 001-19-047-5312-00-30-000 9 IIrr AGENDA MARCH 30, 2023 VII. CONSENT AGENDA — CONTINUED (30) P.R. No. 23071 — A Resolution Authorizing The Right Of Use By Community Development Properties, Port Arthur, Inc. For The Use Of A Portion Of The Unimproved Right-Of-Way Between Mobile Avenue And Atlanta Avenue VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23031 — A Resolution Amending Resolution 21-542 Allocating $3,000,000.00 For Engineering, Design, And Construction Of Infrastructure Improvements Along Woodworth Boulevard Between SH 87 (Gulfway Drive) And Lakeshore Drive, Increasing The Allocation By $4,200,000.00 Establishing A Revised Budget Amount Of $7,200,000.00. Funding For The Project Is Available In The FY 2022 Capital Improvement Budget, Account Number 307-21-053- 8517-00-10-000 (2) P.R. No. 23075 — A Resolution Authorizing The Pre-Qualification Of Five (5) Real Estate Brokerage Firms For The Purpose Of Providing Professional Real Estate Brokerage Services In Accordance With §253.014 Of The Texas Local Government Code (3) P.R. No. 23078 — A Resolution Appointing And/Or Reappointing A Member Or Member(s) To The City Of Port Arthur Animal Advisory Board (4) P.R. No. 23080 — A Resolution Appointing Member(s) To The Zoning Board Of Adjustment To Fill An Unexpired Term Ending On October 26, 2023 � 10 AGENDA MARCH 30, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 7121 — An Ordinance Amending Article III (Recreational Vehicle Parks, Chapter 58, (Manufactured Homes, Mobile Homes, Recreational Vehicle Parks), Section 128 Of The City Of Port Arthur Code Ordinances; Violation Of This Ordinance Is Punishable As Provided In Section 1-8 Of The Code Of Ordinances By A Fine Not To Exceed Two Thousand ($2,000) Dollars; And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And An Effective Date (2) P.O. No. 7126 — An Ordinance Of The City Council Of Port Arthur Confirming The Creation Of The Pleasure Island Department Pursuant To Article XVIII Of The Charter Of The City Of Port Arthur And Amending Chapter 14, Article XX Of The Code Of Ordinances As It Pertains To The Pleasure Island Commission (3) P.O. No. 7128 — An Ordinance Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $68,384.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Wastewater Conveyance Vehicle #2319 (4) P.O. No. 7129 — An Ordinance Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $19,375.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Police Vehicle #2057 (5) P.O. No. 7135 — An Ordinance Authorizing A Special Warranty Deed For The Conveyance Of Vacant Land To A Low And Moderate-Income Resident Of Port Arthur Who Is Participating In The Harvey Disaster Recovery Program Through The Texas Government Land Office And The AECOM Disaster Recovery Program >> AGENDA MARCH 30, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (6) P.O. No. 7136 — An Ordinance Of The City Of Port Arthur, Texas Suspending The Rates Proposed By Centerpoint Energy Resources Corp., D/B/A Centerpoint Energy Entex And Centerpoint Energy Texas Gas ("Centerpoint" Or "Company") Company's Gas Reliability Infrastructure Program ("GRIP") Filing Made With The City On March 2, 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 (7) P.O. No. 7137 — An Ordinance Authorizing The Sale Of Surplus Furniture And Minor Equipment Through Rene Bates Auctioneers, Inc. And Technology Equipment Through Global Asset LLC (8) P.O. No. 7138 — An Ordinance Amending Ordinance No. 23-03 For The Purpose Of Cancelling The Conduct Of A Joint Election With The Sabine Pass Independent School District; Providing For The Conduct Of The General Election On May 6, 2023 For The Purpose Of Electing Six (6) Councilmembers, In The City Of Port Arthur, Texas; And Providing For A Joint Election With The Port Arthur Independent School District; And The Sabine Pass Port Authority In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice SPANISH UNA ORDENANZA QUE MODIFICA LA ORDENANZA NUM. 23-03 CON EL FIN DE CANCELAR LA REALIZACION DE UNA ELECCION CONJUNTA CON EL DISTRITO ESCOLAR INDEPENDIENTE DE SABINE PASS; ESTABLECIENDO LA REALIZACION DE LAS ELECCIONES GENERALES EL 6 DE MAYO DE 2023 CON EL FIN DE ELEGIR A SEIS (6) CONSEJEROS, EN LA CIUDAD DE PORT ARTHUR, TEXAS; Y PROPORCIONAR UNA ELECCION CONJUNTA CON EL DISTRITO ESCOLAR INDEPENDIENTE DE PORT ARTHUR; Y LA AUTORIDAD DEL PUERTO DE SABINE PASS DE CONFORMIDAD CON EL CAPITULO 271 DEL CODIGO ELECTORAL DE TEXAS, Y DISPONE DE LA PUBLICACION DEL AVISO DE ELECCION 12 AGENDA MARCH 30, 2023 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 Claims, Contracts, 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 (3) Section 551.087 Government Code—To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect *The Items In Executive Session May Be Discussed And Acted On In Open Session 13 AGENDA MARCH 30, 2023 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 March 31, 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.