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HomeMy WebLinkAboutNOVEMBER 07, 2023 REGULAR MEETING 9_30 AMTHURMAN BILL BARTIE, MAYOR RON BURTON TIFFANY HAMILTON, MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD, TRMC WILLIE BAE LEWIS, JR. CITY SECRETARY DONEANE BECKCOM HAROLD L. DOUCET, SR. VAL TIZENO THOMAS J. KINLAW, III CITY ATTORNEY DONALD FRANK, SR. AGENDA City Council Regular Meeting Tuesday, November 7, 2023 9:30 A.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, November 7, 2023 At 9:30 A.M. CT, 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: 834 4231 7882 And Passcode: 087226 (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 1 City Council Regular Meeting City Hall Council Chamber City Of Port Arthur November 7, 2023 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie _____ Mayor Pro Tem Hamilton _____ Councilmember Lewis, Jr. _____ Councilmember Beckcom _____ Councilmember Doucet, Sr. _____ Councilmember Kinlaw, III _____ 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) Phyllis Baker And Sheila Norwood Regarding The Middle Passage Ceremony And Historical Port Marker (2) Gloria Sanchez Regarding Drainage At Jade Avenue B. Presentations (1) A Presentation By The Greater Port Arthur Chamber Of Commerce President Pat Avery Regarding A Certificate Of Commendation Presented At The Pleasure Island Disc Golf Course Ribbon Cutting Ceremony (2) A Presentation By Burditt Consultants, Inc. Of Conroe Regarding the Parks Master Plan 2 AGENDA NOVEMBER 7, 2023 III. PETITIONS & COMMUNICATIONS – CONTINUED (3) A Presentation By The Police Department Regarding Activities At Prince Hall Including Number Of Calls And Arrest (Requested By Councilmember Lewis) (4) A Presentation By HUD Regarding Residential Requirements And Penalties For Non-Compliance At Prince Hall (Requested By Councilmember Lewis) (5) A Presentation By Human Resources Regarding Vacancies And The Filling Of Said Positions Internally Vs. Externally (Requested By Councilmember Kinlaw) C. Employee Recognition – None D. Correspondence – None E. Discussions (1) To Discuss The Conduct Of City Council Meetings (Requested By Councilmember Doucet) (2) A Discussion Regarding City Policies And Procedures For The Distribution Of Public Information, Improving Council And Community Relations, And Dispelling Misinformation (Requested By Councilmember Frank) 3 AGENDA NOVEMBER 7, 2023 IV. PUBLIC HEARINGS – 10:00 A.M. (1) A Public Hearing For The Purpose Of Receiving Public Comments Regarding The Proposed Disannexation Of 17.97 Acres Tract Of Land In The Corporate Limits Of The City Of Port Arthur (Near West Port Arthur Road And Viterbo Road). Said Tract Of Land Is Legally Described As Tract 1-A, Replat Of Lots 1 & 2, Tract 1, Lot 3 Tract 2, Block 18, Range M, PALCO In Jefferson County, Texas This Is the Second Public Hearing Held Pursuant To Chapter 43.142 Of The Local Government Code. A Detailed Map Of The Proposed Area To Be Disannexed, Is Also Available For Inspection At Port Arthur City Hall, 444 Fourth Street, Port Arthur, Texas Between The Hours Of 8:00 A.M. And 5:00 P.M., Monday Through Friday And Continuously Online At www.portarthurtx.gov The City Council Will Consider An Ordinance Formalizing The Disannexation Of Said Tract At Its Regular City Council Meeting On November 21, 2023 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; 4 AGENDA NOVEMBER 7, 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 (A1) Mayor Thurman Bartie: Texas Economic Development Council (TEDC) Conference 2023 Houston, TX October 10 – October 13, 2023 $2,054.60 5 AGENDA NOVEMBER 7, 2023 VII. CONSENT AGENDA – CONTINUED (A2) Mayor Pro Tem Tiffany Hamilton: International Economic Development Council (IEDC) Conference 2023 Dallas, TX September 17 – September 20, 2023 $2,633.87 (A3) Councilmember Willie Lewis: Texas Economic Development Council (TEDC) Conference 2023 Houston, TX October 10 – October 13, 2023 $1,670.01 (A4) Councilmember Thomas Kinlaw: Texas Economic Development Council (TEDC) Conference 2023 Houston, TX October 10 – October 13, 2023 $1,654.85 (A5) Councilmember Donald Frank: Texas Economic Development Council (TEDC) Conference 2023 Houston, TX October 10 – October 13, 2023 $1,695.99 B. Minutes July 10, 2023 Regular Meeting July 18, 2023 Regular Meeting C. Resolutions (1) P.R. 23309 – A Resolution Authorizing The City Manager To Execute A Contract With Ballow Builders Inc. Of Garrison, Texas For Bus Stop Construction At Various Locations In The City Of Port Arthur, Texas In The Amount Not To Exceed $120,296.50. Funding Is Available In Account 401-70-530-8525-00-60-000. Project TR11316 CAP.OCO 6 AGENDA NOVEMBER 7, 2023 VII. CONSENT AGENDA – CONTINUED (2) P.R. 23357 – A Resolution Authorizing The City Manager To Enter Into A Contract With Arceneaux Wilson & Cole LLC. For Professional Services As Project Engineer Of The Atlanta Water Line Replacement Project, With A Total Projected Budgetary Impact Of $65,550.00; Funds Are Available In Account No. 405-40-000-8516-00-00-000, WS0019 (3) P.R. 23360 – A Resolution Authorizing The City Manager To Execute Change Order No. 01 To The Contract With Signature Group Of Port Neches, Texas For Mold Remediation And Repairs At The Sabine Pass Community Center In The Amount Of $9,996.00 To A New Contract Total Of $52,438.00. Funds Available In 001-15-043-5312-00-20-000 (4) P.R. 23376 – 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, To Modify The Fish Cleaning Station, Add Rubber Bumpers And Remove Alternates 1 And 2 At The Sabine Pass Boat Ramp Improvement Project In Sabine Pass, Texas For A Deduction In The Amount Of $65,058.00. Funding Is Available In Capital Improvements Project Account 152-60-415-8525-00-00-000; Project No PR0007-CON; And American Rescue Plan Act (ARPA) Account 169-07-015-8525-00-40- 000, Project No. ARP013 (5) P.R. 23380 – A Resolution Authorizing The City Manager To Purchase Books, Audio Books, And Processing Services From Ingram Library Services, LLC Of Atlanta, Georgia Through Texas SmartBuy Contract No. 715-M2 In An Amount Not To Exceed $55,000.00. Funds Are Available In Library Account No. 001-27-071-5218-00-20-000 (6) P.R. 23388 – A Resolution Authorizing The City Manager To Execute Change Order No. 2 And Accept The Project Completion Documents For The El Vista Sewer Force Main Replacement Project With Allco, LLC Of Beaumont, Texas, And Release The Retainage In The Amount Of $109,859.83; Funding For The Project Is Available In Account No. 405-40-000-8516-00-00-000, Project No. WS0007-CON 7 AGENDA NOVEMBER 7, 2023 VII. CONSENT AGENDA – CONTINUED (7) P.R. 23389 – A Resolution Authorizing The Purchase Of Seventeen (17) Portable Radios And Eleven (11) Mobile Radios With Accessories For The Fire Department From Motorola Solutions Of Houston, Texas Through HGAC Contract RA05-15, In The Amount Of $182,416.24; Funding Is Available In Equipment Account Number 149-13-630- 5240-00-10-000 (8) P.R. 23394 – A Resolution Authorizing The City Manager To Accept Close Out Documents Submitted By Boss Construction Services, LLC, Of Baytown, Texas And Approve The Release Of Retainage In The Amount Of $7,719.75 For The Sidewalk Repairs At Various Parks Project. Funding Is Available In The Parks Project Account Number 105-13-033-5470-00-40-000. Project No. CD7104-GRE-OCS (9) P.R. 23398 – A Resolution Authorizing The City Manager To Enter In A Five-Year Rental Service Agreement With Cintas Corporation Of Cincinnati, Ohio, Through Omnia Partners For Uniforms And Uniform Maintenance For The Not-To-Exceed Annual Amount Of $36,816.00. Funds Are Available In Various Departmental Accounts Listed (10) P.R. 23406 – A Resolution Approving And Adopting A Parks And Recreation Master Plan To Promote And Improve The Quality Of Life For The Citizens Of Port Arthur, Texas (11) P.R. 23410 – A Resolution Authorizing The City Manager To Enter Into A Contract With Soutex Surveyors & Engineers Of Port Arthur, Texas For Professional Engineering Services Associated With Drainage Improvements For Rice Farm Road In The Amount Of $124,000.00. Funds Are Available In CIP Account No. 307-21-053- 8517-00-10-000, Project No. ST5003 (12) P.R. 23413 – A Resolution Authorizing The City Manager To Execute A 3rd Contract With The Center For Transportation And The Environment (CTE) Of Atlanta, Georgia To Function As The Project Manager For The Deployment Of Port Arthur Transit's Four (4) Zero- Emission Buses In An Amount Not To Exceed $199,000.00; Funds Available In Account 401-70-530-8523-00-60-000 8 AGENDA NOVEMBER 7, 2023 VII. CONSENT AGENDA – CONTINUED (13) P.R. 23416 – A Resolution Authorizing The City Manager To Enter Into A Professional Engineering Services Contract With CP&Y DBA STV Inc. For The Water Purification Plant Electrical Improvement Project Phase 1, With A Total Projected Budgetary Impact Of $226,500.00; Funds Are Available In Account No. 405-40-000-8516- 00-00-000, WS0020 (14) P.R. 23417 – A Resolution Authorizing The City Manager To Enter Into A Contract With Soutex Surveyors & Engineers, For Professional Services As Project Engineer Of The Dryden Road Waterline Hwy 347 Crossing Project, With A Total Projected Budgetary Impact Of $38,700.00; Funds Are Available In Account No. 405-40-000-8516- 00-00-000, WS0026 (15) P.R. 23421 – A Resolution Authorizing The City Manager To Purchase One (1) Gradall XL3100 4X2 Series V For The Public Works Drainage Division From Associated Supply Company, Inc. Of Houston, Texas, Through The BuyBoard Cooperative Purchasing Program, Contract No. 685-22, With A Total Budgetary Impact Amount Of $497,523.00. Funding Is Available From Account No. 625-21-000-8523-00-00-000 (16) P.R. 23424 – A Resolution Authorizing The Acceptance Of A Donation From Cheniere Energy, Inc. In The Amount Of $50,000.00. For A Dog Park On Roosevelt Park (17) P.R. 23425 – A Resolution Authorizing The City Manager To Execute A Contract With DRC Construction LLC Of Beaumont, Texas For Site Preparation, And New Construction Of Three (3) Homes In The Total Amount Of $618,125.00 Which Includes A Contingency Amount Of $15,000.00 From Account No. 105-13-033-5470-00-40-000 Project No. CD5118, 108-13-033-5470 & 5422-00-40-000, Project No. HE2202 AND HE2204 (18) P.R. 23438 – A Resolution Authorizing The City Manager To Execute A Letter Of Engagement With Pattillo, Brown And Hill, LLP, As Independent Auditor For The City Of Port Arthur With A Projected Budgetary Impact Of $120,000.00 For The Year Ending September 30, 2022. Finance Department Account #001-07-015-5420-00-10- 000 9 AGENDA NOVEMBER 7, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. 23392 – A Resolution Ratifying Emergency Centrifuge Repairs At The Water Purification Plant By Centrifuge & Pump Service Of Stone Mountain, Georgia In The Total Not To Exceed Amount Of $99,173.40. Funding Is Available In Water Utilities Equipment Maintenance Account No. 410-40-210-5318-00-00-000 (2) P.R. 23405 – A Resolution Appointing Members To The Port Arthur Youth Advisory Council (YAC) (Requested By Mayor Pro Tem Hamilton) (3) P.R. 23411 – A Resolution Casting Votes For The Board Of Directors Of The Jefferson Central Appraisal District For The Term Ending December 31, 2024 (4) P.R. 23412 – A Resolution Casting Votes For The Board Of Directors Of The Orange County Appraisal District For The Term Ending December 31, 2024 (5) P.R. 23419 – A Resolution Appointing Members To The Port Arthur Housing Finance Corporation Board Of Directors (6) P.R. 23420 – A Resolution Authorizing The City Manager To Reject All Proposals For The Leasing Of Two Buildings Inside The Gated Pleasure Island Marina And Authorizing The Purchasing Division To Re-Advertise Leasing (7) P.R. 23426 – A Resolution Awarding A Bid And Authorizing The City Manager To Enter Into An Agreement With Allco, LLC, Of Beaumont, Texas, For The El Vista Drainage Improvement Project For The Amount Of $11,209,454.68. Funds Are Available In The Hazard Mitigation Grant Account No. 154-00-000-8515-00-10-000 And The Community Development Block Grant DR Account No. 148-00-000- 8515-00-10-000. Project No. DR1P02 10 AGENDA NOVEMBER 7, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (8) P.R. 23427 – A Resolution Awarding A Bid And Authorizing The City Manager To Enter Into An Agreement With Allco, LLC, Of Beaumont, Texas, For The Port Acres Drainage Improvement Project For The Amount Of $34,891,106.81. Funds Are Available In The Hazard Mitigation Grant Account No. 154-00-000-8515-00-10-000 And The Community Development Block Grant DR Account No. 148-00-000- 8515-00-10-000. Project No. DR1P03 (9) P.R. 23444 – A Resolution Authorizing The November 21, 2023 Regularly Scheduled Council Meeting Date To Be Rescheduled To November 28, 2023 (10) P.R. 23445 – A Resolution Appointing And / Or Reappointing A Member Or Members To The Citizen’s Pipeline Advisory Committee B. Ordinances – Non-Consent (1) P.O. No. 7173 – An Ordinance Rescinding Ordinance No 17-08 In Its Entirety As It Pertains To The Juvenile Curfew Ordinance As Delineated In Section 62-101 To 62-106 Of The Code Of Ordinances Of The City Of Port Arthur In Response To House Bill 1819, Effective Immediately (2) P.O. No. 7189 – An Ordinance Authorizing The Sale Of Surplus Vehicles, Heavy Equipment And Minor Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. 11 AGENDA NOVEMBER 7, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (3) P.O. No. 7190 – An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Amending Chapter 106-Traffic, Article III – Specific Street Regulations, Division 4-Speed, Section 106-143 – Speed On State And Federal Highways Of The Code Of Ordinances Of The City Of Port Arthur, Texas, To Establish The Permanent Maximum Prima Facie Speed Limit Along The North- And Southbound Lanes Along United States Route 69 From The Northernmost City Limits (Milepost 13.074) To The United States Route 69/State Highway 73 Interchange (Milepost 17.127); Authorizing The Posting Of Proper Signs; Repealing Conflicting Ordinances; Containing A Savings Clause; Prescribing A Penalty Of Not Less Than One Dollar ($1.00) Nor More Than Five Hundred Dollars ($500.00) For Each Violation Thereof; And Providing For The Publication And Effective Date Thereof (4) P.O. No. 7206 – An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Amending Chapter 106-Traffic, Article III – Specific Street Regulations, Division 4-Speed, Section 106-143 – Speed On State And Federal Highways Of The Code Of Ordinances Of The City Of Port Arthur, Texas, To Establish The Permanent Maximum Prima Facie Speed Limit Along The North- And Southbound Lanes Along State Highway 87 From Milepost 5.400 To Milepost 14.271; Authorizing The Posting Of Proper Signs; Repealing Conflicting Ordinances; Containing A Savings Clause; Prescribing A Penalty Of Not Less Than One Dollar ($1.00) Nor More Than Five Hundred Dollars ($500.00) For Each Violation Thereof; And Providing For The Publication And Effective Date Thereof 12 AGENDA NOVEMBER 7, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (5) P.O. No. 7207 – An Ordinance Of The City Of Port Arthur, Texas, Closing, Vacating, Abandoning, And Conveying Approximately 1.989 Acres Of Land Consisting Of Portions Of Improved And Dedicated Public Rights-Of-Way, Known As Austin Avenue, 5th Street, And Adjacent Alleys, Port Arthur, Jefferson County, Texas; Authorizing The City Manager To Execute A Deed Without Warranty; Providing That This Ordinance Shall Be Cumulative; Repealing All Ordinances To The Extent They Are In Conflict; Providing For Severability; And Declaring An Effective Date. A23-04 (Motiva Enterprises, LLC) (6) P.O. No. 7208 – An Ordinance Of The City Of Port Arthur, Texas, Closing, Vacating, Abandoning, And Conveying A 1.026-Acre Portion Of An Improved Dedicated Public Right-Of-Way, Known As Terminal Road, Port Arthur, Jefferson County, Texas; Authorizing The City Manager To Execute A Deed Without Warranty; Providing That This Ordinance Shall Be Cumulative; Repealing All Ordinances To The Extent They Are In Conflict; Providing For Severability; And Declaring An Effective Date A 23-05 (Motiva Enterprises, LLC) 13 AGENDA NOVEMBER 7, 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 Or Consultation 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 Corporate Limits Of Port Arthur (3) Section 551.072 Government Code – To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property On Pleasure Island (4) Section 551.087 Government Code – To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect In The City Of Port Arthur *The Items In Executive Session May Be Discussed And Acted On In Open Session 14 AGENDA NOVEMBER 7, 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 November 8, 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 *************************************************** 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.