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HomeMy WebLinkAboutDECEMBER 17, 2024 REGULAR MEETING 9_30 AMTHURMAN BILL BARTIE, MAYOR RONALD BURTON, CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM SHERRI BELLARD, TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS, JR. TIFFANY L. HAMILTON EVERFIELD ROXANN PAIS COTRONEO HAROLD L. DOUCET, SR. CITY ATTORNEY THOMAS KINLAW, III DONALD FRANK, SR. AGENDA City Council Regular Meeting Tuesday, December 17, 2024 9:30 A.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, December 17, 2024 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: 814 8994 9661 And Passcode: 617999 (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 December 17, 2024 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie _____ Mayor Pro Tem Beckcom _____ Councilmember Lewis, Jr. _____ Councilmember Hamilton Everfield _____ Councilmember Doucet, Sr. _____ Councilmember Kinlaw, III _____ Councilmember Frank, Sr. _____ City Manager Burton, CPM _____ City Secretary Bellard, TRMC _____ City Attorney Pais Cotroneo _____ Police Chief Duriso Or Designee _____ II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Kelly Anderson Regarding Code Compliance (2) Thomas Atlas Of Atlas Homes Regarding The Building Department B. Presentations (1) A Presentation By Councilmember Lewis Regarding A Historical Place Versus Downtown (2) A Presentation By Councilmember Lewis Regarding Temporary Street Closings For The Safety Of Prince Hall Residences (3) A Presentation By Charles Clark, III Regarding The Bloomberg Philanthropies Asphalt Art Initiative Grant 2 AGENDA DECEMBER 17, 2024 III. PETITIONS & COMMUNICATIONS – CONTINUED C. City Manager’s Staff Reports – None D. Employee Recognition Recognition Of City Of Port Arthur Employee Professional, Academic, And Community Achievements E. Correspondence – None F. 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; (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 3 AGENDA DECEMBER 17, 2024 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) – CONTINUED (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. 24055 – A Resolution Of The City Of Port Arthur, Texas Adopting The City Of Port Arthur’s Legislative Priorities For The 89th Session Of The Texas State Legislature, 2025 (Requested By Councilmember Hamilton Everfield) 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 – None B. Minutes – None 4 AGENDA DECEMBER 17, 2024 VII. CONSENT AGENDA – CONTINUED C. Resolutions (1) P.R. No. 23846 – A Resolution Authorizing The City Manager To Enter Into A Contract With EJES, Inc. Of Port Arthur, Texas, To Provide Design Plans For The W. 19th Street Area Drainage Improvement Project In The Amount Of $245,172.08. Funds Are Available In Account No. 169-07-015-5420-00-40-000; Project No. ARP006.GRE.ENG (2) P.R. No. 23890 – A Resolution Authorizing The City Manager To Enter Into A Contract With Evergreen Solutions, LLC Of Tallahassee, Florida To Conduct A Comprehensive Classification And Compensation Study For The City Of Port Arthur For An Amount Not To Exceed $64,500.00 (Human Resources Professional Services FY 24-25 Account 001-11-025-5420-00-10-000) (3) P.R. No. 24022 – A Resolution Authorizing The City Manager To Accept The Request For Proposal Response Of Aquila Golf, Inc. And To Execute A Contract With Aquila Golf, Inc. For The Operation And Maintenance Of The Babe Didrickson Zaharias Municipal Golf Course (4) P.R. No. 24034 – A Resolution Authorizing The City Manager To Amend The Home Investment Partnerships – American Rescue Plan (HOME-ARP) Allocation Plan. The Plan Will Be Submitted To The Department Of Housing And Urban Development (HUD) (5) P.R. No. 24036 – A Resolution Authorizing The Payment To Computer Information Systems, Inc. Of Skokie, Illinois For The Annual License Renewal Fee For Maintenance Of The Police And Fire Department Computer Aided Dispatch, Record Management System And MCS/AVL Server, In The Amount Of $54,010.91; Funding Available In FY 24-25 Budget Acct.# 001-17-045-5491-00-30-000 (6) P.R. No. 24040 – A Resolution Authorizing The City Manager To Renew Department Of The Army License No. DACW64-2-75-3, Pertaining To A Waterline Easement Over, Across, In, And Upon The Sabine Neches Waterway, Port Arthur Canal, Jefferson County, Texas 5 AGENDA DECEMBER 17, 2024 VII. CONSENT AGENDA – CONTINUED (7) P.R. No. 24043 – A Resolution Authorizing The City Manager To Execute A Contract With Allco, LLC Of Beaumont, Texas For The Reconstruction And Drainage Repairs At 101 H.O. Mills Boulevard In The Amount Of $526,857.00; Funding Is Available In Account No. 307-13-037-8525-00-10-000 (8) P.R. No. 24048 – A Resolution Authorizing The City Manager To Execute A Contract With Daniels Building And Construction, Inc. Of Beaumont, Texas, For The Operations Center Building Interior Renovations With A Projected Budgetary Impact Of $1,434,548.00. Funding Is Available In The FY 24-25 Capital Improvement Fund Public Works Administration Buildings Account, 307-21-049-8512- 00-10-000, Project Number BU0001-CON (9) P.R. No. 24052 – A Resolution Authorizing The City Manager To Submit Projects For The Texas Department Of Transportation's Highway Safety Improvements Program To Provide Funding For The Construction Of Traffic Safety Improvement Projects. There Will Be No Budgetary Impact For The Application (10) P.R. No. 24054 – A Resolution Authorizing The City Manager To Amend The 2021 Home Investment Partnerships – Policies And Procedures Guidelines (11) P.R. No. 24060 – A Resolution Authorizing The City Manager To Accept A Donation In The Form Of A Police Canine From The Department Of Defense (DOD) Military Working Dog Coordinator Out Of Lackland Airforce Base (12) P.R. No. 24062 – A Resolution Authorizing The City Of Port Arthur To Enter Into An Agreement With The Workforce Solutions Southeast Texas Board Of Beaumont, Texas, To Provide Certification Of Expenditures As A Public Entity, With No Monetary Contributions Required, For Use By The Workforce Solutions Southeast Texas Board As A Match For Additional Child Care Funds Through A Child Care Local Match Contribution Agreement 6 AGENDA DECEMBER 17, 2024 VII. CONSENT AGENDA – CONTINUED (13) P.R. No. 24064 – A Resolution Authorizing The Port Arthur Economic Development Corporation To Enter Into Contract With Costar Group, Inc., Washington, DC For The Purpose Of Identifying Available Real Estate For Site Selection In An Amount Not To Exceed $6,804.00, Funds Available In PAEDC FY 24-25 Acct. No. 120-80-625-5420-00- 00-000 (Professional Services) (14) P.R. No. 24065 – A Resolution Authorizing The Port Arthur Economic Development Corporation To Enter Into A Purchase Agreement With Spidle & Spidle, Inc For The Sale Of Approximately 2 Acres Of Land At The Corner Of Jade Avenue And S. Business Park Drive In The Spur 93 Business Park (15) P.R. No. 24066 – A Resolution Authorizing The Port Arthur Economic Development Corporation To Enter Into A Purchase Agreement With Bishop 1, LLC For The Sale Of Approximately 8 Acres Of Land On The Corner Of W. Port Arthur Road And Jade Avenue In The Spur 93 Business Park (16) P.R. No. 24068 – A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction (17) P.R. No. 24070 – A Resolution Authorizing The City Manager, Or His Designee, To Negotiate A Contract With Marsh Waterproofing Of Vidor, Texas, To Reduce The Cost Of Phase IV Repairs To Rosehill Manor (18) P.R. No. 24071 – A Resolution Authorizing The Third Year (Second And Final Renewal) Of The Contract With TRP Construction Group (Formerly Barricades Unlimited) Of Beaumont, Texas, For The Annual Street Striping Of Streets In The Amount Of $750,000.00. Funding Is Available In Capital Improvement Funds Streets Account, Account Number 307-21-053-8517-00-10-000, And In Public Works – Traffic Division’s Street Maintenance Account, Account Number 001-21-057-5316-00-70-000 7 AGENDA DECEMBER 17, 2024 VII. CONSENT AGENDA – CONTINUED (19) P.R. No. 24072 – A Resolution Authorizing The Third Year (Second And Final Renewal) Of The Non-Exclusive Agreement With Crowder Gulf Of Theodore, Alabama, For Debris Removal Emergency Services In The Event Of An Emergency Or Disaster In An Amount Not To Exceed $13,000,000.00 (20) P.R. No. 24074 – A Resolution Authorizing Third Year (Second And Final Renewal) Of The Non-Exclusive Agreement With Cotton Commercial USA Of Katy, Texas, For Emergency Food Services In The Event Of An Emergency Or Disaster (21) P.R. No. 24075 – A Resolution Authorizing The Third Year (Second And Final Renewal) Of The Non-Exclusive Agreement With SLSCO, LTD Of Galveston, Texas, For Emergency Environmental, Disaster, And Logistical Response Services In The Event Of An Emergency Or Disaster In An Amount Not To Exceed $500,000.00 (22) P.R. No. 24076 – A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Port Acres WWTP Improvement Project With Allco, LLC. Of Beaumont, Texas, Increasing The Contract Amount By $146,047.00, For A New Total Contract Amount Of $1,434,347.00, With Extended Contract Time Of 212 Days, Resulting In A New Total Contract Time Of 577 Days; Funds Are Available In American Rescue Plan (ARP) Fund, Account No. 169-07- 015-8516-00-40-000 Port Acres Project No. ARP015.GRE.WWT (23) P.R. No. 24079 – A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding With The Public Works Department For The 9th Avenue Southbound Reconstruction Project By Committing $607,968.05 In City Street Funds; Available In Capital Account: 307-21-053-8517-00-10-00, And $990,000.00 Will Be Paid By The 2019 Hud Infrastructure Grant 8 AGENDA DECEMBER 17, 2024 VII. CONSENT AGENDA – CONTINUED (24) P.R. No. 24083 – A Resolution Authorizing The City Manager To Purchase Hardware, Software, And Services To Replace The Aging Equipment Used For The Police Department's Computer Aided Dispatch (CAD) System From Computer Information Systems, Inc. Through The TIPS Contract #230105 For The Contract Amount Of $103,631.00 Less The Internal Grant/Discounted Price Of $16,274.00 For A Total Not To Exceed Amount Of $87,357.00. Funding Budgeted In The Information Technology I.T. Equipment Account 001-09-023-5241-00-10-000 (25) P.R. No. 24088 – A Resolution Of The City Council Of The City Of Port Arthur, Texas, Authorizing 4 Film Co.’s Use Of City Property In Connection With The Production Of A Motion Picture, Notwithstanding The Company’s Failure To Obtain A Filming Permit Prior To Commencement Of Filming; And Providing An Effective Date (Requested By Councilmember Hamilton Everfield) VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 23779 – A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And Brystar Contracting, Inc. Of Beaumont, Texas For The Stonegate Drainage Improvement Project For Resolving Electrical Conflict On Oakmont Drive, Install Weir At Pond 3 On The Golf Course, Reroute Irrigation Line, Add HDPE Pipe, Install Valves On Transit Lines, Paving Median To Convert To A Turning Lane, And Add 154 Calendar Days For The Amount Of $315,047.10. Funds Are Available In The Drainage Account 307-21-055-8515-00-10-000 Pending Approval Of Budget Amendment PO 7300. Project No. DR1P04 (2) P.R. No. 24003 – A Resolution Authorizing The City Manager To Revise The American Rescue Plan Act (ARPA) Project Categories Which Were Previously Approved 9 AGENDA DECEMBER 17, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (3) P.R. No. 24045 – A Resolution Authorizing The City Manager To Execute Change Order No. 4 To The Contract Between The City Of Port Arthur And Allco, LLC, Of Beaumont, Texas, For The Port Acres Drainage Improvement Project, To Relocate Water Lines, Add A Fire Hydrant, Add Corrugated Pipes, Reduction In Linear Footage Of Reinforced Concrete Boxes (RCB), Relocate Sanitary Sewer Service, Add A Storm Conflict Structure, And Add Fifteen (15) Calendar Days, For The Amount Of $55,790.42 Resulting In A New Contract Amount Of $33,565,895.19. Funding In The Drainage System Account No. 307-21-055-8515-00-10-000, Project No. DR1P03A Is Contingent Upon Approval Of A Budget Amendment Via Adoption Of Proposed Ordinance No. 7300 (4) P.R. No. 24059 – A Resolution Authorizing The City Manager To Enter Into A Contract With Burditt Consultants, LLC Of Conroe, Texas For Engineering Services, Construction Documents And Construction Management For The Rose Hill Park Project With A Projected Budgetary Impact Of $482,192.00. Funding Available In Account Number 307-25-065-8525-00-10-00 (5) P.R. No. 24073 – A Resolution Of The City Council Of The City Of Port Arthur, Texas, Authorizing The City Manager To Execute A Memorandum Of Understanding Obligating Funding Under The American Rescue Plan Act (ARPA) For The Construction Of Drainage Improvements Associated With West 17th Street Through West 19th Street In An Amount Not To Exceed $2,000,000.00; Funding Available In The ARPA Program Account: 169-07-015-8515-00-40- 000, Project No. ARP006 (6) P.R. No. 24078 – A Resolution Authorizing The City Manager To Execute A Contract With Global Drilling, Inc. Of Winnie, Texas, For The Sabine Pass Sewer Pipe Bursting Phase IV Project At Tremont Street Across Broadway Street To And Continued Through Greenwhich Street, With A Total Projected Budgetary Impact Of $452,888.00; Funds Are Available In ARPA Account No. 169-07-015- 8516-00-40-000, Project No. ARPA015 10 AGENDA DECEMBER 17, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (7) P.R. No. 24081 – A Resolution Of The City Council Of The City Of Port Arthur, Texas, Authorizing The City Manager To Execute A Memorandum Of Understanding Obligating Funding Under The American Rescue Plan Act (ARPA) For The Acquisition Of A Side-Load Residential Garbage Truck And Grapple Trash Truck In Accordance With ARPA Guidelines In An Amount Not To Exceed $1,000,000.00; Funding Available In The ARPA Program Account: 169-00-000-4510- 00-00-000 ($852,332.00) And ARPA Interest Account: 169-00-000- 4610-00-00-000 ($147,668.00) (8) P.R. No. 24082 – A Resolution Of The City Council Of The City Of Port Arthur Expressing Support For A Grant Application Being Submitted By Trill Digital Arts Innovation Center, Sponsored By Movement Strategy Center, For The Bloomberg Philanthropies Asphalt Art Initiative Grant In An Amount Up To $100,000.00, And Committing To The City's Responsibility For Upkeep And Programming Should The Grant Be Awarded (9) P.R. No. 24084 – A Resolution Of The City Council Of The City Of Port Arthur Authorizing The City Manager To Execute A Memorandum Of Understanding (MOU) For The Purchase And Installation Of Irrigation Pumps At The Babe Zaharias Golf Course, Utilizing Funding From The Federal American Rescue Plan Act ("ARPA"), In A Not-To-Exceed Amount Of $116,000.00; Funding Available In ARPA Interest Account: 169-00-000-4610-00-00-000 (10) P.R. No. 24087 – A Resolution Authorizing The City Manager To Execute The Gas Rights Agreement With VBM Port Arthur, LLC For The Property Lease And Development Of A Project To Convert Landfill Gas Into Energy B. Ordinances – Non-Consent (1) P.O. No. 7299 – An Ordinance Amending Chapter 14, Article XXIII (Police Chief Advisory Committee), Section 14-691 (Created) Of The Code Of Ordinances Of The City Of Port Arthur 11 AGENDA DECEMBER 17, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (2) P.O. No. 7300 – An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2024 And Ending September 30, 2025, Increasing Capital Reserve Fund By $734,261.00 And Capital Improvement By $879,606.00 (3) P.O. No. 7301 – An Ordinance As It Pertains To Providing For Holiday Pay For Fiscal Year 2024/2025 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 Of The Texas Open Meetings Act To Meet With Its Attorney To Seek Legal Advice On A Matter In Which The Duty Of The Attorney To The City Council Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflicts With The Texas Open Meetings Act Relating To: (a) Damage To Golf Cart Pathways At The Babe Didrickson Zaharias Municipal Golf Course (Requested By Mayor Pro Tem Beckcom) 12 AGENDA DECEMBER 17, 2024 IX. *CLOSED MEETING (EXECUTIVE SESSION) – CONTINUED (b) Gas Rights Agreement With VBM Port Arthur, LLC (c) Homeland Security Data Regarding Critical Infrastructure Off- System Bridges, Priority Levels 1 And 2 (d) Wind Turbine, Solar And Battery Storage Leases On Pleasure Island (e) Outstanding Debt Collections On Port Arthur Police Cadet Training Agreements (2) Section 551.089 Government Code – Deliberations Regarding Security Devices Or Security Audits (a) Homeland Security Data Regarding Critical Infrastructure Off- System Bridges, Priority Levels 1 And 2 (3) Section 551.087 Government Code – To Discuss Economic Development Negotiations (a) Wind Turbine, Solar And Battery Storage Leases On Pleasure Island (b) Cormorant Clean Energy, LLC *The Items In Executive Session May Be Discussed And Acted On In Open Session X. ADJOURNMENT OF MEETING *************************************************** NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect To Recess The Meeting And Reconvene At 9:30 AM On December 18, 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 *************************************************** 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. This is an abridged version of the City of Port Arthur Code of Ordinances Article II, Sec. 2-75 (a).