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HomeMy WebLinkAboutOCTOBER 10, 2006OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS DELORIS PRINCE, MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS JR. CiQ2 of' CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY ATTORNEY MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting October 10, 2006 8:30 a.m. 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. i~O. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur October 10, 2006 8:30AM I. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Prince Counciimember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES Minutes-September 12, 2006 - Regular Council Meeting September 25, 2006 - Special Council Meeting III. PETITIONS & COMMUNICATIONS A. Presentations Presentation Regarding The Taping Of City Council Meetings B. Speakers (1) Tammy Kotzur Regarding The Convention And Visitors Bureau Marketing Report For The Third Quarter Of 2006 (2) Brit Pingleton Regarding AIIco Fencing Issues C. Correspondence Receipt of Port Arthur Convention & Visitors Bureau 2005 Audited Financial Statement i AGENDA OCTOBER 10, 2006 IV. PUBLIC HEARINGS - 9:00 AM None V. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: (1) P.R. No. 13773 - A Resolution As It Pertains To The Dikita Westside Economic Development And Revitalization Study (2) P.R. No. 13776 - A Resolution Authorizing The Execution Of Pipeline Permit 06-01 From The City Of Port Arthur To Enterprise Products Operating L.P. For The Installation Of An 8" RGP (Refinery Grade Propylene) Pipeline Within The Corporate Limits Of The City Of Port Arthur, Beginning At An Existing 8" Pipeline Located North Of Jefferson County Drainage District's C 1 Canal, Following An Existing Pipeline Easement Southward Through The El Vista Area To The North Side Of Highway 73, Then Westerly Along Highway 73 To Highway 82, Terminating At The Motiva Facility Adjacent To Highway 82 (3) P.R. No. 13785 - A Resolution As It Pertains To The City Of Port Arthur Section 4A Economic Development Corporation VI. 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. Consideration And Approval Of Payment To Partnership Of Southeast Texas (POST) In The Amount Of $12,000 For Fiscal 2007 B. Consideration And Approval Of Payment To Motorola Inc, Of Da~las, TX (With HGAC Pricing) In The Amount Of $10,688.67 For Portable Radios And Accessories For The Police Department C. Consideration And Approval Of Awarding A Bid To Walker's Electric Company Of Beaumont, TX In The Amount Of $6,000 For The Replacement Of A 225 AMP Electrical Transfer Switch For The Police Department OCTOBER 10, 2006 VI. CONSENT AGENDA - CONTINUED D. Consideration And Approval Of Awarding A Bid To P/ck Two Contractors, /nc., Of Port Arthur, TX In The Amount Of $24,475 To Repair The Fuel Canopy And Replace The Electrical Shed At The Transit Center E. Consideration And Approval Of Awarding A Bid To P/ck Two Contractors, /nc., Of Port Arthur, TX In The Amount Of $14,300 For An Extension Of The Fuel Canopy Located At The Transit Center F. Consideration And Approval Of Awarding A Bid To P/ck Two Contractors, /nc., Of Port Arthur, TX In The Amount Of $18,300 To Replace The Floor Tile At The Parks And Recreation Center G. Consideration And Approval To Award A Bid To Mustang Caterp///ar Of Houston, TX In The Amount Of $300,000 To Replace The 1996 Rex 370A Compactor Which Was Destroyed In A Fire H. Consideration And Approval Of Awarding A Bid To Stonebumer Verrett Electr/c Co., Of Port Arthur, TX In The Amount Of $3,658 For Electrical Installation To Support Eight Washers And Eight Dryers And /mpact P/umb/n.q Company Of Groves, TX In The Amount Of $5,400 For Plumbing Installation For City-Owned Building Located In Sabine Pass I. Consideration And Approval Of The Purchase Of One TC-55 Tire Cutter From TS//SSG Of Phoen/x, AZ In The Amount Of $9,376.75 For The Public Works Department (Solid Waste Division) J. Consideration And Approval Of Awarding A Bid To A & B Outdoor Equ/pment Of Neder/and, TX In The Amount Of $13,432 For A Ferris Zero-Turn Riding Mower With Air-Powered Cooling System K. Expense Report: Mayor Oscar G. Ortiz: Attend United States Conference Of Mayors In Las Vegas, Nevada, June 1-6, 2006 $2,023.91 Mayor Pro Tern Deloris "Bobble" Prince: Attend Economic Development Trip To DMC In Baton Rouge, Louisiana, October 5, 2006 $ 60.00 Councilmember John Beard, Jr.: Attend Anti-Smoking Conference In Austin, Texas, June 20-22, 2006 $ 180.00 AGENDA OCTOBER 10, 2006 VI. CONSENT AGENDA - CONTINUED Councilmember Thomas J. Henderson: Attend National League Of Cities Conference In Colorado Springs, CO - September 19-25, 2006 $2,612.47 Resolutions - Consent (1) P.R. No. 13736 - A Resolution Affirming The Investment Policies Of The City Of Port Arthur For The 2006-2007 Fiscal Year (2) P.R. No. 13755 - A Resolution Awarding A Contract To Lark Enterprises In The Amount Of $18,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group A-t), Contingent Upon Receipt Of A Grant From The Texas Department Of Health And Community Affairs; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (3) P.R. No. 13756 - A Resolution Awarding A Contract To Lark Enterprises In The Amount Of $18,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group B-t), Contingent Upon Receipt Of A Grant From The Texas Department Of Health And Community Affairs; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (4) P.R. No. 13757 - A Resolution Awarding A Contract To Lark Enterprises, In The Amount Of $18,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group C-t), Contingent Upon Receipt Of A Grant From The Texas Department Of Health And Community Affairs; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (5) P.R. No. 13758 - A Resolution Awarding A Contract To Lark Enterprises, In The Amount Of $13,500.00, And Authorizing The Execution Of A Contract For The Demolition Of Three (3) Dangerous Residential Properties (Group D-t), Contingent Upon Receipt Of A Grant From The Texas Department Of Health And Community Affairs; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 4 AGENDA OCTOBER 10, 2006 VI. CONSENTAGENDA - CONTINUED (6) P.R. No. 13759 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $12,550.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A), Contingent Upon Receipt Of A Grant From The Texas Department Of Health And Community Affairs; Structures Ineligible For The Grant Will Be Charged To Account No. 105- 1431-552.59-00; Project No. C32120 (7) P.R. No. 13760 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $12,235.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group B), Contingent Upon Receipt Of A Grant From The Texas Department Of Health And Community Affairs; Structures Ineligible For The Grant Will Be Charged To Account No. 105- 1431-552.59-00; Project No. C32120 (8) P.R. No. 13761 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $11,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group C), Contingent Upon Receipt Of A Grant From The Texas Department Of Health And Community Affairs; Structures Ineligible For The Grant WEll Be Charged To Account No. 105- 1431-552.59-00; Project No. C32120 (9) P.R. No. 13762 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $10,325.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D), Contingent Upon Receipt Of A Grant From The Texas Department Of Health And Community Affairs; Structures Ineligible For The Grant Will Be Charged To Account No. 105- 1431-552.59-00; Project No. C32120 (10) P.R. No. 13763 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $10,375.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group E), Contingent Upon Receipt Of A Grant From The Texas Department Of Health And Community Affairs; Structures Ineligible For The Grant Will Be Charged To Account No. 105- 1431-552.59-00; Project No. C32120 AGENDA OCtOber 10, 2006 VI. CONSENT AGENDA - CONTINUED (11) P.R. No. 13764 - A Resolution Awarding a Contract To Pick Two Contractors, Inc. In The Amount Of $12,475.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group F), Contingent Upon Receipt Of A Grant From The Texas Department Of Health And Community Affairs; Structures Ineligible For The Grant Will Be Charged To Account No. 105- 1431-552.59-00; Project No. C32120 (12) P.R. No. 13765 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $13,150.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group G), Contingent Upon Receipt Of A Grant From The Texas Department Of Health And Community Affairs; Structures Ineligible For The Grant Will Be Charged To Account No. 105- 1431-552.59-00; Project No. C32120 (13) P.R. No. 13766 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $12,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group H), Contingent Upon Receipt Of A Grant From The Texas Department Of Health And Community Affairs; Structures Ineligible For The Grant Will Be Charged To Account No. 105- 1431-552.59-00; Project No. C32120 (14) P.R. No. 13774 - A Resolution Awarding A Contract To Lark Enterprises, Inc. In The Amount Of $21,000.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of A Dangerous Commercial Building Located At 5125 S. Gulfway Drive, To Be Charged To Account No. 303-1603-591.69-00, Project No. CIP614 (15) P.R. No. 13783 - A Resolution Approving Sewer Adjustment To Certain Utility Accounts (16) P.R. No. 13798 - A Resolution Authorizing The Renewal Of A Contract With Joey's Tractor Service For Grass Cutting Services Of Privately- Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area b, To Be Charged To Account No. 001-1401-551.59-00 (17) P.R. No. 13799 - A Resolution Authorizing The Renewal Of A Contract To Sandra's Enterprises For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area C, To be Charged To Account No. 001-1401-551.59-00 6 AGENDA OCTOBER 10, 2006 VI. CONSENT AGENDA - CONTINUED (18) P.R. No. 13800 - A Resolution Authorizing The Renewal Of A Contract With Sandra's Enterprises For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area D, To Be Charged To Account No. 001-1401-551.59-00 (19) P.R. No. 13809 -A Resolution Authorizing The City Manager To Execute An Interlocal Agreement With The Southeast Texas Regional Planning Commission For The TDHCA Disaster Recovery Program (20) P. R. No. 13810 - A Resolution Adopting Housing Guidelines For Hurricane Rita CDBG Disaster Recovery Fund As Adopted By The Southeast Texas Regional Planning Commission (21) P.R. No. 13812 - A Resolution Authorizing Acceptance Of A Second Advance Payment In The Amount Of $1,000,000.00 From The City's Windstorm Insurance Carrier (McGriff, Seibels & Williams) (22) P. R. No. 13813 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port ,Arthur And William D. George, MD To Act As The City's Health Authority For The Health And Fire Departments (23) P.R. No. 13814 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Rose E. Quirante, R.D., For The Provision Of Dietary Consultation Services For The Women, Infants And Children (WIC) Program (24) P. R. No. 13815 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur ,And Kirk Matthew Vital, R.Ph, To Act As The City's Pharmacist-In-Charge For The Health Department (25) P.R. No. 13817 - A Resolution Amending The Terms Of Employment Of The City Manager By Placing His Salary ,At The Appropriate Salary Range And Step Within The City's Wage And Compensation Plan (26) P.R. No. 13818 -A Resolution Authorizing The City Manager To Execute A Contract With The Office Of Rural And Community Affairs (ORCA) For A $1,500,000 Texas Community Development Block Grant (CDBG) Disaster Recovery Grant OCTOBER 10, 2006 VI. CONSENT AGENDA - CONTINUED (27) P.R. No. 13819 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract Between The City Of Port Arthur And Brammer Construction, Inc., Of Nederland, Texas For Restoration Of The Water Services Center In The Original Bid Amount Of $490,434; And To Approve Change Order 01, Reducing The Amount By $43,609; For A Total Project Cost Of $446,825; Project HRWSC, 123-2300-901.59-00 (28) P.R. No. 13821 - A Resolution Authorizing The City Manager To Enter Into A Supplemental Environmental Project Agreement With The Texas Commission On Environmental Quality (29) P.R. No. 13823 - A Resolution Amending The Proposed Revised Agreed Order With The Texas Commission On Environmental Quality ("TCEQ") As It Pertains To The Use Of A Supplemental Environmental Project ("SEP") To Offset A Payable Penalty Amount (30) P.R. No. 13824 - A Resolution Authorizing The City Manager To Execute An Interlocal Agreement Between The City Of Port Arthur And The Orange County Emergency Services District No. 2 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 13784 - A Resolution Approving The Payment Of An Invoice For Entergy In The Amount Of $70,355.29 For The Future Installation Of Two Underground Switch Cabinets At The Spur 93 Business Park (2) P.R. No. 13804 - A Resolution Approving The Sale Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The Mamie McFaddin Ward Heritage Foundation For The Sale Of That Certain Tract Of Land On Which The Jade Avenue Extension Wilt Be Located (3) P.R. No. 13805 - A Resolution Approving An Economic Incentive Agreement Contract Between Redwine Family Partnership And The City Of Port Arthur Section 4A Economic Development Corporation (4) P.R. No. 13806 - A Resolution Approving An Agreement Between The City Of Port Arthur, City Of Port Arthur Section 4A Economic Development Corporation And The National Development Council For The Grow Port Arthur Fund AGENDA OCTOBER 10, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (5) P.R. No. 13807 - A Resolution Approving The Payment Of An Invoice For The National Development Council In The Amount Of $6,000 For Technical Assistance Services Rendered In The Month Of September 2006 (6) P.R. No. 13808 - A Resolution Authorizing The Payment Of Three (3) Invoices For The Purchase Of Plants, Shrubs And Trees For The Spur 93 Business Park To Amelia Lawn Care In The Amount Of $7,775 (7) P.R. No. 13816 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (8) P.R. No. 13820 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (9) P.R. No. 13826 - A Resolution As It Pertains To Port Arthur Camellia Estate, L.P. (10) P.R. No. 13827 - Resolution Concerning One Southwood Crossing, LP B. Ordinances (1) P.O. No. 5672 - An Ordinance Authorizing Deed Restrictions That Prohibit The Use Of Designated Groundwater From Beneath The 41.46 Acres Located At Or Adjacent To The Intersection Of Denbo And West 7th Street As To Facilitate Certification Of A Municipal Setting Designation Of Said Property By The Texas Commission On Environmental Quality ("TCEQ") Pursuant To The Texas Solid Waste Disposal Act; And Providing For An Effective Date Of This Ordinance (2) P.O. No. 5676 - An Ordinance Amending Chapter 18 Section 18-33 Permit Schedule Section B106 Permit Fees, Of The Building Code Of Ordinances Of The City Of Port Arthur; Providing Certain Amendments Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, As Provided in Section 18-43 Of The Code Or Otherwise Imposed By State Law; Said Changes Repeal All Or Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof (3) P.O. No. 5677 - An Ordinance Granting An Excavation Permit Pursuant To Article Vii (Excavations) Of Chapter 94 (Streets, Sidewalks And Other Public Places) Of The Code Of Ordinances Of The City Of Port Arthur To Recon Remedial Construction Services, L.P. As To 20 Acres Of A 203.46 AC. Tract That is Out Of The John McGaffey League, A-167, Jefferson County AGENDA OCTOBER 10, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (4) P.O. No. 5678 - An Ordinance Granting An Excavation Permit Pursuant To Article VII (Excavations) Of Chapter 94 (Streets, Sidewalks And Other Public Places) Of The Code Of Ordinances Of The City Of Port Arthur To Recon Remedial Construction Services, L.P. As To A 15 AC Tract Out Of 37.4466 AC Tract That Is Out Of The John McGaffey League, A-167, Jefferson County (5) P.O. No. 5679 - An Ordinance Amending Article III Of Chapter 58 (Recreational Vehicle Parks) By Adding Section 58-132 To The Code Of Ordinances Of The City Of Port Arthur Providing A Waiver Of The Provisions Of The Article During A Disaster Or Recovery Period, Providing A Fine Punishable As Provided In Section 1-13 Of The Code Of Ordinances, As Amended By Fine Not To Exceed Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (6) P.O. No. 5681 - An Ordinance Providing That Temporary Employees Hired Pursuant To The National Emergency Grant (NEG) Program Be Treated The Same As Direct Hire Temporaries For Hiring Purposes (7) P.O. No. 5682 - An Ordinance Amending Chapter 78 (Personnel) Division 4 (Wage And Salary Administration), Section 78-147 (Administration Of Range/Step Salary Schedules) Subsection (A) (2) (D) Of The City Of Port Arthur Code Of Ordinances (8) P.O. No. 5683 - An Ordinance Amending The Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Fiscal Year Beginning October 1, 2006, And Ending September 30, 2007 As To Fund Expense For Grow Port Arthur Fund And Additional Job Training ]0 AGENDA OCTOBER 10, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED C. *Reports And Recommendations (1) Report On Extending Savannah To Highway 365 (Requested By Councilmember Flood) (2) Report On Development Opportunities (3) Report On Jade Avenue 4-Way Stop Signs (Requested By Councilmember Flood) (4) Report On Upcoming City Council Retreat (Saturday, October 21,2006) *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Information And Records VIII. REPORTS OF BOARDS & COMMI'I-I'EES - None 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 AGENDA OOTOBER 10, 2006 IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUE Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To The Wythe II Corporation (2) Sections 551.071 And 551.087 Government Code - To Discuss Incentives For Commemial, Residential, And Industrial Business Prospects, And Compliance With Contractual Provisions And Disclosure Requirements (3) Sections 551.071 And 551.087 Government Code - To Discuss With The City Attorney The Duties And Responsibilities As It Pertains To Reporting Possible Offenses Under Resolution No. 06-158 (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As To The Medical Office Building (5) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation With Entergy (6) Section 551.071 Government Code - To Discuss With The City Attorney Pending And Potential Litigation As It Pertains To The Water And Sewer Lines Adjacent To Spur 93 And Jade Avenue, As Well As The Business Park On Spur 93 (7) Sections 551.071 And 551. 087 Government Code - To Discuss With The City Attorney Procedures, Steps And Inducements As To Avoid Litigation As To The Continuance Of Ambulance Service And Applications Thereon *The Items In Executive Session May Be Discussed And Acted On in Open Session X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff May Be Requested But No Discussion Of Any Item Or Request Shall Take Place XI. ADJOURNMENT OF MEETING RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDTENCE MEMBERS 1. Recognition by Presiding Oft7cer. 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 uso 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 represonts 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 Afar'on I~lade or Public Hearing CIo~. 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 socuring 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 ConducL No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstraUons, which conduct disturbs the peace and good order of the meeting. 7. Limitations on U~e of Supplementa/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 Compla/n~/ Alle~ation$/ or Char~es Against Individual City £mployee~ 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 administratJve 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 meetJng, such Officer may order him to remove himsolf from the meeting. If he does not remove himsolf, the Presiding Officer may order the Sergeant-et0arms to remove him. Resis~ng Remova/. Any person who resists removal by the Sergeant-et-arms shall be charged with violating V.T.C.A, Penal Code 42.05. I~lob'ons 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 Reouestina To Be Heard On Auenda Item~ (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. $~ifi¢ Aoenda Itern~ 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 Ttems" are defined as any item specified on the Notice of MeeUng posted for purposos of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.