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HomeMy WebLinkAboutFEBRUARY 25, 2025 REGULAR MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, City of CITY MANAGER MAYOR PRO TEM SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY"SECRETARY BAE B LEWIS,JR. o r t rthur TIFFANY L.HAMILTON EVERFIELD ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III DONALD FRANK,SR. AG EN DA City Council Regular Meeting Tuesday, February 25, 2025 9:30 A.M . CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, February 25, 2025 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: 876 7214 9339 And Passcode: 917560 (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 February 25, 2025 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) Scott Jones Representative Of The Texas Community Watershed Partners, Texas AgriLife Extension Service Regarding Clean Coast Texas Program (CCT) (2) Michael Walker Jr. Regarding A Proclamation For Kate L. Pate Walker (3) Mrs. Joan Jones Regarding Eight (8) Hours Before Turning Off Water At Home (4) Ms. Ora Smith And Reverend Hardner Williams Regarding A Petition To Mayor And Council (Consideration Of Diligence Offshore Services LLC) (5) Lewis E. Delk Of Delk Construction Regarding Unpaid Invoices 1 AGENDA FEBRUARY 25, 2025 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Vivian Ballou Regarding Affordable Housing (Requested By Councilmember Lewis) C. City Manager's Staff Reports — None D. Employee Recognition — None E. Correspondence — None F. Discussions (1) An Update Regarding The Pleasure Island Water Park (Requested By Councilmember Doucet) (2) A Discussion Regarding City Hall Answering Telephone Calls (Requested By Councilmember Doucet) 2 AGENDA FEBRUARY 25, 2025 IV. PUBLIC HEARINGS — 10:00 A.M. (1) A Public Hearing For The Purpose Of Receiving Public Comments And To Discuss The Following: The Proposed Adoption Of A Revised Ordinance Electing To Participate In The Texas Enterprise Zone Program And Proposed Tax Or Other Incentives That May Be Offered By The City Of Port Arthur To Qualified Businesses All Interested Parties Are Encouraged To Attend And Present Their Views. For Additional Information, Contact Ms. Pamela Langford, Assistant City Manager-Operations/Director Of Development Services, At (409) 983-8136 The City Of Port Arthur Attempts To Make Its Meetings Accessible To All Its Citizens. If You Require Auxiliary Aid, Please Notify The City Secretary At (409) 983-8115, 24 Hours Before The Hearing The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov 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; 3 AGENDA FEBRUARY 25, 2025 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 (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. 4 lommony AGENDA FEBRUARY 25, 2025 VII. CONSENT AGENDA — CONTINUED A. Travel Request / Travel Expense Reports Request For Pre-Approval Of Travel Pursuant To 78-269 (b)(8) Of The Code Of Ordinances (ORD 18-63) (A1) Mayor Thurman Bartie: National League Of Cities Conference (Approved Conference) NLC University Sessions, March 8, 2025 $400.00 Hotel $361.00 Per Diem $69.00 Washington, DC March 8 — 13, 2025 $830.00 B. Minutes — None C. Resolutions — Consent (1) P.R. No. 24116 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $26,591.24 Made Against Texas Municipal League- Intergovernmental Risk Pool (TML-IRP) As A Result Of Property Damage To Drainage Unit #2080 (2) P.R. No. 24146 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract With Tri-Con, Inc. Of Beaumont, Texas For The Purchase Of Gasoline And Ultra-Low Sulfur Diesel Fuel For The Port Arthur Transit Department With An Annual Total Projected Budgetary Impact Amount Of $90,000.00; Funds Are Available In Transit Fuel And Lubrication Project TR2402 Account Nos. 401-70- 505-5230-00-60-000 ($46,093.00) And 401-70-510-5230-00-60-000 ($10,000.00) For Gasoline; And 401-70-525-5230-00-60-000 ($33,907.00 For Diesel) AGENDA FEBRUARY 25, 2025 VII. CONSENT AGENDA — CONTINUED (3) P.R. No. 24153 — A Resolution Calling For A Public Hearing To Consider A Zoning Map Amendment For 20.734 (Called 20.7365) Acres Of Land, Part Of Lots 5, 6, & 7, Block 10, Range "H", Port Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas (Located Between Lake Arthur Drive And Staff Sergeant Lucian Adams Drive And P.A.L.C.O. East Of 9th Avenue) Z25-01 Alnoor Merani (4) P.R. No. 24154 — A Resolution Calling For A Public Hearing To Consider A Zoning Text Amendment To Appendix A, Section 3. Land Uses, City Of Port Arthur Zoning Ordinance Z25-02 City Of Port Arthur (5) P.R. No. 24158 — A Resolution Calling For A Public Hearing To Consider A Specific Use Permit For 0.4854 Acres Of Land Consisting Of All Of Lots 18-20 And Part Of Lots 21-24, Block 24, Rosemont Park Addition, Port Arthur, Jefferson County, Texas (3645 And 3635 39th Street) Z25-03 Faheem Hussain Khuwaja (6) P.R. No. 24161 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $13,610.87 Made Against Texas Municipal League- Intergovernmental Risk Pool (TML-IRP) As A Result Of Property Damage To Transit Unit #2295 (7) P.R. No. 24162 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $10,691.02 Made Against Progressive Insurance As A Result Of Property Damage To Police Unit #2264 6 AGENDA FEBRUARY 25, 2025 VII. CONSENT AGENDA — CONTINUED (8) P.R. No. 24163 — A Resolution Authorizing The City Manager To Execute The Second Year (First Renewal) Of The Contract With Southeast Texas Building Services Of Nederland, Texas, For Janitorial Services For The Port Arthur Health Department In The Not To Exceed Annual Amount Of $91,200.00. Funds Budgeted In The Health Department Other Contractual Account 001-23-061-5470-50- 000 (9) P.R. No. 24165 — A Resolution Authorizing The City Manager To Approve Amendment Three To License Agreement 277 Entered Into With Computer Information Systems, Inc. Via Resolution 98-135 To Enable The Company To Continue To Support The Police Department Computer Aided Dispatch (CAD) System On The New Hardware Per Resolution #24-500 With No Additional Budgetary Impact (10) P.R. No. 24171 — A Resolution Authorizing The City Manager To File Applications With The Federal Transit Administration, An Operating Administration Of The United States Department Of Transportation For Federal Transportation Assistance Authorized By 49 U.S.C. Chapter 53; Title 23, United States Code, Or Other Federal Statues Administered By The Federal Transit Administration (11) P.R. No. 24172 — A Resolution Authorizing The City Manager To Purchase Fixed And Mobile License Plate Readers (LPR) From Motorola Solutions, Inc. Of Houston, Texas In The Amount Of $54,975.00; Funding Available Through The Fiscal Year 2025 Project Safe Neighborhood Grant; Account No. 107-17-045-5240-00-30-000, Project Code PSN2025 (12) P.R. No. 24177—A Resolution Authorizing The City Manager To Enter Into A Special Road Use And Indemnity Agreement And Permit With Duphil, Inc. Of Orange, Texas AGENDA FEBRUARY 25, 2025 VII. CONSENT AGENDA — CONTINUED (13) P.R. No. 24185 —A Resolution Authorizing The City Manager To Issue A Payment To The YMCA Of Southeast Texas In The Total Amount Of$80,000.00 For Operations Of The West Side Development Center As Agreed Upon In A Memorandum Of Understanding Between The City Of Port Arthur And The YMCA. Funding Is Available In Civic Center Department's Other Contractual Services Account No. 001- 15-043-5470-00-20-000 (14) P.R. No. 24186 — A Resolution Authorizing The City Manager To Execute A Contract With SignatureGroup Of Port Neches, Texas For Mold Remediation And Repairs At The El Vista Community Center Through Region 5 Education Service Center Southeast Texas Cooperative Purchasing Program Contract No. 20230404 In The Amount Of $39,947.00. Funds Available In Civic Center CIP Account Number 307-15-043-8512-00-10-000 (15) P.R. No. 24187 — A Resolution Of The City Of Port Arthur, Texas To Rescind And Repeal Resolution No. 25-059 For Failure To Follow Proper Legal Procedure In Compliance With Texas Local Government Code, Chapters 501 And 504. Said Resolution Authorizing The Port Arthur Economic Development Corporation To Enter Into A Contract With GrantWorks Inc. To Identify And Prepare Grants In An Annual Amount Not To Exceed $55,000.00 (16) P.R. No. 24188 — A Resolution Authorizing The Remaining Annual Payments Of The Solid Waste Permit Fee For The Landfill To The Texas Commission On Environmental Quality (TCEQ) With A Projected Budgetary Impact Amount Of $90,000.00. Funding Is Available In Account No. 403-50-320-5471-00-00-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 24106 — A Resolution Authorizing The City Manager To Negotiate The Road Reconstruction And Drainage Repairs Of San Antonio Avenue Between 4th Street And Procter Street With Texas Materials Of Beaumont, Texas 8 or— AGENDA FEBRUARY 25, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 24132 — A Resolution Authorizing The City Manager To Purchase One (1) 2025 Cummins LET2 Garbage Truck With 31 YD Sidewinder ASL For The Solid Waste — Garbage Division From Holt Truck Center Of Houston, Texas, For $412,664.00. Funding Is Available In The ARPA Program Account, 169-00-000-4510-00-00- 000 (3) P.R. No. 24133 — A Resolution Authorizing The City Manager To Purchase Two (2) 2025 Peterbilt 567 Trash Trucks With Cummins Chassis For The Solid Waste — Trash Division From Custom Truck One Source Of Kansas City, Missouri, For $311,737.50 Each ($623,475.00 Total). Funding Of $587,336.00 Is Available In The ARPA Program Account, 169-00-000-4510-00-00-000, And $36,139.00 Is Available In The Solid Waste Trash Collection Motor Vehicles Account, 403-50-305-8523-00-00-000 (4) P.R. No. 24159—A Resolution Authorizing The City Manager To Enter Into Contract Negotiations With The Solco Group, LLC. Of Port Arthur, Texas, To Complete Port Arthur Transit's (PAT) Pedestrian Access To Transit Planning Study. Funding Is Available In Transit Capital Account 401-70-530-8525-00-60-000, Other Contractual Services (5) P.R. No. 24164 — A Resolution Authorizing Quarterly Payments For Applications, Hosting, Services And Support Fees To Tyler Technologies For The Enterprise Resource Planning System For A Period Of Twelve Months Not To Exceed A Total Amount Of $465,857.72 To Be Divided Into Quarterly Payments. Funds Available In The Information Technology Computer Programs Account No. 001-09-023-5450-00-10-000 9 AGENDA FEBRUARY 25, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (6) P.R. No. 24169 — A Resolution Ratifying The City Manager's Acceptance Of Grant Funds In The Amount Of $990,000.00 From The 2019 United States Housing And Urban Development Block Grant Disaster Recovery (CDBG-DR) Grant Fund 148 For The 9th Avenue Restoration Project, With A Local Match Of $607,968.05 In Capital Account: 307-21-053-8517-00-10-00 For A Total Project Cost Of $1,597,969.00 Contingent Upon Approval Of A Budget Amendment In Proposed Ordinance No. 7317 (7) P.R. No. 24170—A Resolution Authorizing The City Manager To Enter Into A One-Year Contract With Ferguson Waterworks Of Humble, Texas For The Purchase Of High-Density Polyethylene (HDPE) Pipe, With An Annual Projected Budgetary Impact Of $100,000.00. Funding In Water Utilities Account No. 410-40-220-5313-00-00-000, Is Contingent Upon The Approval Of The Budget Amendment In Proposed Ordinance No. 7317 (8) P.R. No. 24175 — A Resolution Authorizing The City Manager To Reject All Bids For Staffing Agency For The City Of Port Arthur (P24- 052) For Temporary Staffing For The City Of Port Arthur And Authorize The Purchasing Department To Revise The Bid Specifications And Rebid (9) P.R. No. 24176 — A Resolution Authorizing The City Manager To Purchase One (1) 2025 Chevrolet Silverado 4500HD Truck From Caldwell Country Chevrolet Of Caldwell, Texas Through BuyBoard Contract No. 724-23 For The Water Utilities Department In The Total Amount Not Exceed $72,993.00. Funds In Water And Wastewater Capital Fund Account Nos. 405-40-215-8523-00-00-000 ($36,497.00); And 405-40-220-8523-00-00-000 ($36,497.00), Is Contingent Upon The Approval Of The Budget Amendment In Proposed Ordinance No. 7317 (10) P.R. No. 24190 — A Resolution Of The City Of Port Arthur, Texas To Repeal The City Council's Past Appointments Of Acting Assistant City Secretaries And Assistant City Secretaries In Compliance With The Charter Of The City Of Port Arthur, Texas 10 AGENDA FEBRUARY 25, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (11) P.R. No. 24193 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Argus Talent Through TIPS Cooperative Contract No. 230703, With A Projected Budgetary Amount Of $2,000,000.00 For The Purpose Of Providing Temporary Employees For The City Of Port Arthur; Funding Available In Various Departmental Accounts (12) P.R. No. 24194 — A Resolution Disallowing Guests From Bringing Alcohol Into The Civic Center For Hosted Events, Requiring All Events With Alcohol To Have A TABC Licensed Vendor To Provide And Serve Alcohol, And Implementing Measures To Enhance Public Safety And Reduce Alcohol-Related Incidents At The Robert A. "Bob" Bowers Civic Center Located At 3401 Cultural Center Drive, Port Arthur, Texas 77642 (13) P.R. No. 24196 — A Resolution Rescheduling March 11, 2025 Regularly Scheduled Council Meeting To March 18, 2025 B. Ordinances — Non-Consent (1) P.O. No. 7307 — An Ordinance Amending Ordinance No. 13-54 As It Pertains To The City Council Of The City Of Port Arthur, Texas, Ordaining The City's Participation In The Texas Enterprise Zone Program Pursuant To The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (ACT), Providing Tax Incentives, Designating A Liaison For Communication With Interested Parties (2) P.O. No. 7314 — A Ordinance Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $6,500.00 Made Against Texas Municipal League- ; Intergovernmental Risk Pool (TML-IRP) As A Result Of Property Damage To Code Enforcement Unit #2037 j AGENDA FEBRUARY 25, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 7317 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2024 And Ending September 30, 2025, Increasing General Fund Contingency (001) By $172,994.00 And Transferring That Amount Thereby Increasing Water And Sewer Fund (410) By $100,000.00 And Water And Sewer Capital Fund (405) By $72,994.00 An Increase In The CDBG-DR Grant Fund (148) By $990,000.00 And The Capital Improvement Fund (307) By $607,969.00 (4) P.O. No. 7319 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Commercial General To Medium Density Residential On Approximately 179.73- Acre Tracts Of Land Being Out Of LaFitte's Landing 1 And 2, D. Gahagen, Berwick Manor, And Breeden Duhamel Subdivision, And Consisting Of Lot 7 Thru Lot 10, LaFitte's Landing, Jefferson County, Texas. Lot 1 Thru Lot 66, LaFitte's Landing 2, Jefferson County, Texas. Lot 1 & 2, Breeden Duhamel, Lot 1 BLK 1 & Lot 2 BLK 2, Berwick Manor. TR 84 123, TR 1-A-1-A Replat TR 1-A-1 Replat Of TR 91 AB 123, TR 94 123, TR 96 TR 97 123,TR 99 Replat TR 1 123, TR 100 Replat TR 2, TR 101 Replat TR 3-A & 3-B 123, TR 102 Replat TR 4 123TR A Replat Of TR 105 123, TR 107-A & 107-B Thru TR 117 123, D. Gahagen, Jefferson County, Texas (Violation Of Any Provision Of This Ordinance Shall Be Guilty Of A Misdemeanor And Shall Be Punished By A Fine Not Exceeding $2,000.00, As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, And Each Day Which Violation Is Permitted To Exist Shall Constitute A Separate And Distinct Offense.); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date Z24-09 City Of Port Arthur Planning & Zoning Commission 12 AGENDA FEBRUARY 25, 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) Ground Lease By Diligence Offshore Services LLC From The City For Certain Tracts Containing Approximately 13.79 Acres, 600 Acres And 1360.5 Acres Located On Pleasure Island For The Development, Construction And Operation Of Wind And Solar Energy Generation Facilities (b) Collective Bargaining With The Port Arthur Police Association (c) Past Appointments Of Acting City Secretaries And Assistant City Secretaries (d) Pleasure Island Buildings A & B 13 AGENDA FEBRUARY 25, 2025 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (2) Section 551.087 — To Discuss Economic Development Negotiations (a) Ground Lease By Diligence Offshore Services LLC From The City For Certain Tracts Containing Approximately 13.79 Acres, 600 Acres And 1360.5 Acres Located On Pleasure Island For The Development, Construction And Operation Of Wind And Solar Energy Generation Facilities (b) Pleasure Island Buildings A & B (3) Section 551.074 — To Discuss Personnel (a) The Duties, Responsibilities And Evaluations Of The City Attorney, City Manager And City Secretary (Requested By Mayor Bartie) *The Items In Executive Session May Be Discussed And Acted On In Open Session X. WORKSHOP (1) Council Budget Briefing Regarding Fiscal Year 2025-2026 (2) Wind Turbine Proposal Agreement (Requested By Councilmember Lewis) XI. 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 February 26, 2025. 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 Reauestina 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).