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HomeMy WebLinkAboutMARCH 26, 2024 REGULAR MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM TIFFANY L.HAMILTON EVERFIELD, Cite of CITY MANAGER MAYOR PRO TEM SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRET%RI" WILLIE BAE LEWIS,JR. o r t m b a r DONEANE BECKCOM JAMES M.BLACK HAROLD L.DOUCET,SR. INTERIM CITY ATTORNEY THOMAS KINLAW,III DONALD FRANK,SR. AG E N DA City Council Regular Meeting Tuesday, March 26, 2024 9:30 A. M . CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, March 26, 2024 At 9:30 A.M. CT, By Telephonic And Videoconference In Addition To Al/owing 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: 865 6068 4393 And Passcode: 434333 (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 Regular Meeting City Hall Council Chamber City Of Port Arthur March 26, 2024 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Hamilton Everfield Councilmember Lewis, Jr. Councilmember Beckcom Councilmember Doucet, Sr. Councilmember Kinlaw, III Councilmember Frank, Sr. City Manager Burton, CPM City Secretary Bellard, TRMC Interim City Attorney Black Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Jersson A Herrera Regarding Late Night Noise B. Presentations (1) A Presentation By Sharon DeJohn Of Memorial High School Regarding A Principle Of Marketing And Finance Class (2) Dr. Pastor Keith Richard Of The New World Harvest Church Regarding Homelessness In The City Of Port Arthur (3) A Presentation By The Port Arthur Yacht Club Regarding PIPA Voting Badge Day (Requested By Councilmember Beckcom) AGENDA MARCH 26, 2024 III. PETITIONS & COMMUNICATIONS — CONTINUED (4) A Presentation By Councilmember Lewis Regarding The Upcoming Boot Camp Grant Writing For Staff (5) A Presentation By Councilmember Lewis Regarding Grants For Closing Railroad Crossings C. Employee Recognition — None D. Correspondence — None E. Discussions (1) A Discussion Regarding An Update On Streets Progress And Funding As Follow-Up From Last Request (Requested By Councilmember Doucet) IV. PUBLIC HEARINGS — 10:00 A.M. (1) A Public Hearing For The Purpose Of Receiving Public Comments To Consider The Proposed Amendment Of The Following: Proposed Change: A Zoning Map Amendment (Z24-01) Ballou Towing, LLB Construction. To Change From "MDR" Medium-Density Residential (Formerly Referred To As "2F" Two-Family) To "PD" Planned Development District For An Existing Warehouse, Future Warehouse, And Wrecker Service Legal Description: 0.7245-Acre Of Land Being Out Of Port Arthur, Jefferson County, Texas (1428 Austin Avenue & 501 13th Street) The Public Will Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov. Any Person May Participate In The Public Hearing And Address The City Council 2 AGENDA MARCH 26, 2024 IV. PUBLIC HEARINGS — 10:00 A.M. — CONTINUED (2) A Public Hearing For The Purpose Of Receiving Public Comments To Consider The Proposed Amendment Of The Following: Proposed Change: A Zoning Map Amendment (Z24-02) Health And Safety Council. To Consider Changing The Zoning From "HI" Heavy Industrial To A "PD" Planned Development District For A Health And Occupational Clinic For The Industrial Workforce Legal Description: For 3.155-Acres Of Land Being Out Of The Port Arthur Land Company, City Of Port Arthur, Jefferson County, Texas. (1250 Highway 365) The Public Will Be Able To View The Public Hearing Via The City's Website At www.portarthurb<.gov. Any Person May Participate In The Public Hearing And Address The City Council 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; 3 AGENDA MARCH 26, 2024 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. 23517 — A Resolution Authorizing The City Manager Or His Designee To Negotiate An Amendment To The Professional Engineering Services Agreement With Arceneaux, Wilson & Cole, LLC, (AWC) Of Port Arthur, Texas For Construction Management Services Associated With The Woodworth Streetscape Improvements Project From Lakeshore Drive To State Highway 87 (Gulfway Drive). Funding Is Available In The Street Capital Fund Account No. 307-21- 053-8517-00-10-000. Project No. ST4014-ENG 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. 4 AGENDA MARCH 26, 2024 VII. CONSENT AGENDA— CONTINUED A. Travel Reauest / Travel Expense Reports Request For Pre-Approval Of Travel Pursuant To 78-269 (b)(8) Of The Code Of Ordinances (ORD 18-63) Travel Request (A1) Mayor Thurman Bartie: P3 The Fundamentals Of Public-Private Partnerships Arlington, TX April 4 - 6, 2024 $991.79 (A2) Mayor Thurman Bartle: Texas Emergency Management Conference 2024 Fort Worth, TX May 27 - 31, 2024 $1,468.00 Travel Expense Reports (A3) Mayor Thurman Bartle: National League Of Cities (NLC) Congressional City Conference 2024 Washington, DC March 8 - 14, 2024 $5,415.60 (A4) Councilmember Donald Frank: National League Of Cities (NLC) Congressional City Conference 2024 Washington, DC March 8 - 14, 2024 $5,331.21 5 AGENDA MARCH 26, 2024 VII. CONSENT AGENDA— CONTINUED B. Minutes June 6, 2023 Special Meeting (Executive Session) August 1, 2023 Special Meeting (Executive Session) October 24, 2023 Regular Meeting November 7, 2023 Regular Meeting November 13, 2023 Special Meeting November 21, 2023 Special Meeting November 28, 2023 Special Meeting (Executive Session) November 28, 2023 Regular Meeting November 30, 2023 Special Meeting March 5, 2024 Regular Meeting March 19, 2024 Special Meeting C. Resolutions (1) P.R. No. 23414 — A Resolution Ratifying The City Manager's Decision To Accept The Fiscal Year 2023 State Homeland Security Grant Program (SHSP-LETPA) Funding With No Grant Match Requirement (2) P.R. No. 23546 — A Resolution Authorizing The City Manager To Accept The Project Completion Documents For The North Sewer Plant Waterline Project With Global Drilling, Inc., Of Winnie, Texas, And Further Authorize The Execution Of The Certificate Of Completion And Release Of Retainage In The Amount Of $9,662.50; Funding For The Project Is Available In Account No. 405-00-000- 2050-00-00-000, Project No. WS0017-CON (3) P.R. No. 23583 — A Resolution Authorizing The City Manager To Remit Payment To The City Of Beaumont For The Annual Recurring Costs Of The Regional Radio System In The Amount Of $60,755.25; Funding Available In 001-17-045-5491-00-30-000 (4) P.R. No. 23600 — A Resolution Authorizing The City Manager To Accept Close-Out Documents Submitted By Sitek Omni Services, LLC Of Spring, Texas, And Approve The Release Of Retainage In The Amount Of $16,960.00. Funding Is Available In The Gates Building Renovation Project Account, Account Number 307-00-000-2050-00- 00-000, Project No. B00016-CON-BUM 6 AGENDA MARCH 26, 2024 VII. CONSENT AGENDA — CONTINUED (5) P.R. No. 23613 — A Resolution Authorizing The City Manager To Execute Contract Amendment No. 1 With The Solco Group, LLC Of Port Arthur, Texas For Professional Planning Services For Port Arthur Transit And Other City Departments In The Amount Of $37,825.00 For A New Total Amount Not To Exceed $116,575.00; Funding Is Available In Account No. 401-70-530-8512-00-60-000, Project # TR19442 (6) P.R. No. 23630 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $12,988.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Police Vehicle #2083 (7) P.R. No. 23631 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $82,369.31 Made Against Various Insurance Carriers Through USI Southwest, Inc. As A Result Of The Windstorm Damage To The Babe Zaharias Golf Course Bridge And Restroom (3500 75th Street) (8) P.R. No. 23648—A Resolution Authorizing The City Manager To Enter Into A Contract With M.K. Painting, Inc. Of Wyandotte, Michigan For The Elevated Storage Tank Rehabilitation At Procter Street Extension, In The Total Amount Of$669,000.00; Funds Are Available In Account No. 405-40-000-8516-00-00-000, Project No. WS0004- CON (9) P.R. No. 23649 — A Resolution Authorizing The City Manager To Purchase Two Type I Pierce Fire Apparatus For The Fire Department Via The BuyBoard Cooperative Purchasing Program From Siddons- Martin Emergency Group Of Denton, Texas, Through BuyBoard Number 651-21, With Offices In Port Arthur, Texas In The Amount Of $2,512,762.00; Funding Available In Capital Improvement Account Number 307-19-047-8523-00-10-000, Project CE0010 AGENDA MARCH 26, 2024 VII. CONSENT AGENDA— CONTINUED (10) P.R. No. 23651 — A Resolution Authorizing The Third-Year (Second And Final Renewal) Of Contracts Pursuant To Resolution No. 22-189 Between The City Of Port Arthur And Six (6) Vendors For Grass Mowing Services Of Privately-Owned And City-Owned Vacant And Developed Lots In An Area Of The City Designated As Area A, With An Annual Projected Budgetary Impact Of $100,000.00. Funds Are Available In General Fund Account Number 001-13-039-5470-00-50- 000, (Other Contractual Service) (11) P.R. No. 23652 — A Resolution Authorizing The Third-Year (Second And Final Renewal) Of Contracts Pursuant To Resolution No. 22-190 Between The City Of Port Arthur And Seventeen (17) Vendors For Grass Mowing Services Of Privately-Owned And City-Owned Vacant & Developed Lots In Areas Of The City Designated As Areas B-E, With An Annual Projected Budgetary Impact Of $200,000.00. Funds Are Available In General Fund Account Number 001-13-039-5470- 00-50-000 (12) P.R. No. 23653 — A Resolution Authorizing The Third Year (Second And Final Renewal) Of A Contract Pursuant To Resolution No. 22- 173 Between The City Of Port Arthur And One (1) Vendor For Grass Mowing Service Of Privately-Owned And City-Owned Vacant And Developed Lots In An Area Of The City Designated As Area F, Sabine Pass, With An Annual Projected Budgetary Impact Of $40,000.00; Funds Are Available In General Funds Account Number 001-13-039- 5470-00-50-000, (Other Contractual Service.) (13) P.R. No. 23654 — A Resolution Authorizing The Purchase Of Ten Zebra Electronic Ticket Writers And Eight Zebra Printers With Accessories From Tyler Technologies For A Total Of $30,800.00 Through Sourcewell Cooperative Purchasing Contract #090320-TTI; Funds Are Available Through The 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Funds, Account No. 107-17-045- 5420-00-30-000, Project No. PS2022.GRE.MIN ($30,741.00) And Account No. 001-17-045-5420-00-30-000 ($59.00) 8 AGENDA MARCH 26, 2024 VII. CONSENT AGENDA — CONTINUED (14) P.R. No. 23655 — A Resolution Authorizing The Third Year (Second Renewal) Of The Contract Between The City Of Port Arthur And Patriot Security Of Nederland, Texas, For Security Guard Services At City Hall And The Annex With A Total Projected Impact Of $98,000.00 Through February 24, 2025. Funding Is Available In The Facilities Maintenance Other Contractual Service Account, Account No. 001-21-059-5470-00-70-000 (15) P.R. No. 23656 — A Resolution Ratifying The City Manager's Decision To Apply For The FY 2025 State Crisis Intervention Grant With No Grant Match Requirement (16) P.R. No. 23657 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract With DRC Construction LLC Of Beaumont, Texas, Extending The Contract Time By 45 Days To A New Total Contract Term Of 120 Days For The Completion Of The New Construction Home Located At 1942 6th Street, Port Arthur, Texas. This Change Order Will Have No Additional Financial Impact On The Construction Costs (17) P.R. No. 23658 — A Resolution Approving The FY 2025 Amendment Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch-Locals, Extending The Contract Term For An Additional Year With The Original Contract Period Beginning September 1, 2023, And Ending August 31, 2025. The Contract Is Amended To Increase Funding In The Amount Of $162,630.00 With The Total Not-To-Exceed Amount Of $325,260.00 (Fund 101) 9 AGENDA MARCH 26, 2024 VII. CONSENT AGENDA— CONTINUED (18) P.R. No. 23659 — A Resolution Authorizing The City Manager To Execute Change Order No. 2, To The 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, To Remove The Existing City Hall Signage, Enlarge The Font Size And Add The Address, Thereby Increasing The Contract Amount By $9,730.00 To A New Total Projected Budgetary Contract Amount Of $1,135,169.79; And Extend The Contract Time By 21 Additional Days. ($985,040.13 Available In HO1020 And $150,129.66 Available In PR0009-OTH) (19) P.R. No. 23663—A Resolution Authorizing The City Manager To Apply For The Firehouse Subs Public Safety Foundation Grant With No Cash Match Requirement (20) P.R. No. 23664 — A Resolution Accepting An Easement From JG Realty And Investment, LLC For Stormwater Drainage Near The Pinewood Reserve Apartment On FM Highway 365 Out Of Lots 14 And 15, Block 8, Hillcrest Second Addition In The City Of Port Arthur, Jefferson County (21) P.R. No. 23666 — A Resolution Authorizing Ratification Of The Port Arthur Section 4A Economic Development Corporation's Award Of Bid And Execution Of A Construction Contract Agreement With BDS Constructors LLC DBA MK Constructors Of Vidor, Texas For The Emergency Rehabilitation Of The Spur 93 Business Park Lift Station At A Cost Not To Exceed $399,624.00, Funding Available In EDC Account No. 120-80-625-5479-00-00-000 (22) P.R. No. 23667 — A Resolution Of The City Council Of The City Of Port Arthur Ratifying The City Of Port Arthur Section 4A Economic Development Corporation's Engagement Of Industrial And Commercial Maintenance (ICM) Of Beaumont, Texas To Furnish And Install Two (2) New HVAC Condensing Coils At 549 4th Street, At A Cost Not To Exceed $17,922.85, Funds Available 120-80-625-5318- 00-00-000 Io AGENDA MARCH 26, 2024 VII. CONSENT AGENDA — CONTINUED (23) P.R. No. 23668—A Resolution Authorizing The City Manager To Enter Into A Contract With Soutex Surveyors And Engineers Of Port Arthur, Texas, For Professional Services Rendered As Design Engineer And Project Manager For The 3rd Avenue Lift Station Improvements Project, With A Projected Budgetary Impact Of $172,336.00; Funds Are Available In Account No. 405-40-000-8516-00-00-000, Project No. WS0027-DES (24) P.R. No. 23669—A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Understanding (MOU) With Sabine-Neches Chapter Of Texas Master Naturalist Of Orange, Texas, To Install A Pollinator Garden Adjacent To The Bird Blind On Pleasure Island (25) P.R. No. 23671 —A Resolution Appointing A Negotiating Team Under Chapter 174 Of The Texas Local Government Code Annotated, To Conduct Collective Bargaining With The Bargaining Agent Of The International Association Of Firefighters (IAFF) Local 397 Of The City Of Port Arthur Fire Department (26) P.R. No. 23673 —A Resolution Authorizing The City Manager To Enter Into A Deferred Loan Written Agreement Between The City Of Port Arthur And Andrea Petry For Participation In The City Of Port Arthur's Owner-Occupied Housing Assistance Rehabilitation And Reconstruction Program And Execute A Special Warranty Deed With Vendor's Lien (27) P.R. No. 23674 — A Resolution Authorizing The City Manager To Reject The Two (2) Proposals For A New Bus Wash Unit At Port Arthur Transit's Bus Wash Facility (28) P.R. No. 23675 — A Resolution Ratifying The City Manager's Decision To Execute An Interlocal Contract With The City Of Beaumont, Jefferson County, Hardin County, Orange County And Jasper County To Secure Grant Funding From The State Of Texas Automobile Theft Prevention Authority For Operation Of The Southeast Texas Auto Theft Task Force Limmimmomme.m.m,„, 11 AGENDA MARCH 26, 2024 VII. CONSENT AGENDA — CONTINUED (29) P.R. No. 23678 — A Resolution Rescinding Resolution 24-094, In Its Entirety As It Pertains To The Potential Future Change Order No. 4 To The Main Wastewater Treatment Plant Improvement For The Approximate Funding Amount Of $5,650,000.00 And Authorize Reallocation Of Said Funds To An Emergency Contract With Allco, Inc. (30) P.R. No. 23679—A Resolution Authorizing The City Manager To Enter Into The Southeast Texas Auto Theft Task Force Use And Maintenance Agreement With The City Of Beaumont And The Southeast Texas Auto Theft Task Force To Accept For $1.00 And Other Considerations A 2023 Ford F-150 Truck Purchased Under The Southeast Texas Auto Theft Task Force Grant VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23597 — 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 Annually; Funds Available In EDC Acct. 120-80-625-5475-00-00-000 (2) P.R. No. 23646 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Award A Bid And Enter Into A Contract For The Janitorial Services Of The 501 Procter Street And 549 4th Street Buildings With Southeast Texas Building Services, Inc. Of Nederland Texas, In An Amount Not To Exceed $21,360.00 For 501 Procter Street, PAEDC Funding Account No. 120- 80-625-5312-00-00-000 And In An Amount Not To Exceed $43,680.00 For 549 4th Street Funding In PAEDC Project No. ED0002.OTH.BUM i 12 AGENDA MARCH 26, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 23665 — A Resolution Authorizing The Purchase Of A 2024 Polaris UTV With Accessories In The Amount Of $32,873.76 Through The FY23 State Homeland Grant Program And Law Enforcement Terrorism Prevention Activity Program (SHSP-LETPA), Account No. 107-17-045-5214-00-30-00 (4) P.R. No. 23680—A Resolution Authorizing The City Manager To Enter Into A Special Road Use And Indemnity Agreement And Permit With Kirk Thomas (5) P.R. No. 23684 —A Resolution Authorizing The City Manager To Rent Equipment With Operators For Dirt Work Operation For The Public Works Landfill Division From LSJ Trucking, Inc. Of Beaumont, Texas, For The Not-To-Exceed Amount Of $648,000.00 For 1 Year With The Option To Renew For One Additional Year. Funds Are Available In The American Rescue Plan Landfill Slope Stabilization Account No. 169-07-015-5486-00-40-000, ARP003.GRE.LAN B. Ordinances — Non-Consent (1) P.O. No. 7233 — An Ordinance Authorizing The Sale Of Public Park Land Located At 1100 W. Gulfway Drive, More Commonly Known As Carver Terrace Park In Accordance With The Ballot Proposition Approved By The Qualified Voters Of Port Arthur And Further Authorize The City Manager To Execute A Special Warranty Deed For The Conveyance (2) P.O. No. 7236 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $8,153.96 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Property Damage To Police Vehicle #2082 13 AGENDA MARCH 26, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 7237 — An Ordinance Of The City Of Port Arthur, Texas, Suspending The Rates Proposed By Texas Gas Service Company's C`TGS" Or "Company") Gas Reliability Infrastructure Program ("GRIP") Filing Made With The City On Or About February 9, 2024; 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: "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 Incent 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 *The Items In Executive Session May Be Discussed And Acted On In Open Session 14 AGENDA MARCH 26, 2024 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 27, 2024. 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 *************************************************** 15 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.