HomeMy WebLinkAboutJanuary 13, 2003 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
January 13, 2003
After determining that a quorum is presem, the City of DeNon City Council will convene in a
Work Session on Monday, January 13, 2003 at 11:00 a.m. in the City Council Work Session
Room at City Hall, 215 E. McKinney, DeNon, Texas to consider the following:
Receive a report, hold a discussion, and give staff direction regarding a review of the
Boards/Commissions.
Receive a report, hold a discussion, and give staff direction regarding a review of the
Council Rules/Procedures.
o
Receive a report, hold a discussion, and give staff direction regarding a review of the City
Council retreat.
Consider appoimmem of a Council Member as coordinator for the Council's Adopt-A-
Spot.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of DeNon, Texas, on the day of ,2003 at
o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED
AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE
CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE
INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
01/13/03 #1
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
January 13, 2003
City Manager's Office
Michael A. Conduff, City Manager
SUBJECT
Receive information and hold a discussion regarding the
appointed Boards and Commissions for the City of Denton.
roles and charges of the City
Council
BACKGROUND
At the Denton City Council's Annual Planning Retreat on August 1, 2002, the City Council
requested that a discussion of the roles, practices, functions and charges of the current Council
appointed boards and commissions be put on the agenda for a furore council luncheon so that the
Councilmembers might have a chance to evaluate the effectiveness of those Boards and
Commissions currently in place.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
A brief discussion of Boards and Commissions took place at the Annual Council Planning
Retreat in August of 2002 at which time it was decided that further discussion and evaluation
should take place at a council luncheon.
FISCAL INFORMATION
None
Prepared By:
l-i;tlll~li;t IXi;tlllUU- F_,bL[ll
Management Assistant
Respectfully submitted:
Betty W~
Director of Management & ~blic I~o.
01/13~03 #2
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM:
January 13, 2003
City Manager's Office
Mike Conduff, City Manager
SUBJECT
Receive a report, hold a discussion and give staff direction regarding a review of the council
Rules/Procedures.
BACKGROUND
Attached are the currem Council Rules and Procedures for Council discussion.
Respectfully submitted:
Jennifer Walters
City Secretary
ORDINANCE NO.2001-193
AN ORDINANCE AMENDING ORDINANCE NO. 94-183 AND SECTION 2-29 OF THE
CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, AND ALL AMENDING ORDINANCES AND REPEALING AND
CONSOLIDATING ORDINANCES 76-48, 81-35, 90-026, 90-150, 90-150, 92-115, 93-073, 94-
183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028 AND 2000-420;
PROVIDING A SEVERABiLiTY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City
Charter of the City of Denton, Texas, authorize the City Council of said City to promulgate and
establish rules of procedure to govern and conduct meetings, order of business, and decorum, while
acting as a legislative body representing said City; and
WHEREAS, because of its desire to more effectively and efficiently serve the public through the
medium of public meetings, it has become necessary to amend and consolidate all amendments of the
City Council Rules of Procedure; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
~qF, CTIONI 1 That Ordinance Numbers 94-183, 96-045, 96-057, 96-085, 96-257, 98-246,
98-325, 98-415, 99-028, and 2000-420 and Section 2-29 of the City Code (Rules 6-2-6-7)are
hereby amended and consolidated into one Ordinance known as the Denton City Council Rules of
Procedure to read as follows:
1. AIITHf}RITV
1.1 Charter: Pursuant to the provisions of Section 2.07 of the Charter of the City of
Demon, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City
Council of the City of Denton, Texas.
During any meeting, a reasonable opportunity shall be given for citizens to be heard under these
rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council
Chamber including the city administrative staff, news media, and visitors.
2. GFNFR Al ~ RI II ~F.q
2.1 Meming~ tn he [h~hlic: All official meetings of the Council and Council committees
and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings
Act, Chapter 551, TEX. GOV'T. CODE ANN. (Vemons Annotated Texas Civil Statutes 1999
(Vemons), as amended, shall be open to the public.
2.2 ~omrn: Four members of the Council shall constitute a quorum for the transaction of
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business. (Charter, Section 2.06)
2.3 Comnellino Attendance:
meeting except for good and valid reasons.
No member shall be excused from attendance at a Council
2.4 Mi~c, ond,c,t The Council may punish its own members for misconduct.
2.5 Min,m~ of' Meeting~: An account of all proceedings of the Council shall be kept by
the City Secretary and shall be entered in a book constituting the official record of the Council. A
certified agenda shall be prepared for all closed meetings and shall be approved by the Mayor in
accordance with Chapter 552, TEX. GOV'T. CODE ANN. (Vemons 1999), as amended.
2.6 Q,e~tion~ to Contain One ~q,hject: All questions submitted for a vote shall contain
one subject, except the City Council may approve all items which are on the consent agenda in one
motion, regardless of how many subjects are contained in the consent agenda, so long as all items have
been properly posted in accordance with the Texas Open Meetings Act and have not been removed
from the consent agenda by a Councilmember. If two or more points are involved, any member may
require a division, if the question reasonably admits of a division.
2.7 Right of` Floor: Any member desiring to speak shall be recognized by the
Chairperson, and shall confine his or her remarks to the subject under consideration or to be
considered. No member shall be allowed to speak more than once on any one subject until every
member wishing to speak shall have spoken.
2.8 Ci~ Manager: The City Manager, or Acting City Manager, shall attend all meetings
of the Council unless excused. He or she may make recommendations to the Council and shall have the
right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d))
2.9 Ci~ Atlorney: The City Attorney, or Acting City Attorney, shall be available upon
request for all meetings of the Council unless excused and shall, upon request, give an opinion, either
written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian.
2.10 Ci~ ~qecreta~: The City Secretary, or Acting City Secretary, shall attend all meetings
of the Council unless excused, and shall keep the official minutes and perform such other duties as may
be requested by the Council.
2.11 O~cer~ and F, mployee~: Any officer or employee of the City, when requested by the
City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such
employee may present information relating to matters before the Council.
2.12 R,le~ of` Order: These rules govern the proceedings of the Council in all cases, except
that where these rules are silent, the most recent Edition of Robert's Rules of Order revised shall govern.
2.13 ~q.?en~ion of` R,le~: Any provision of these rules not governed by the City Charter
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PAGE 2
or Code may be temporarily suspended by the affirmative vote of four members of the Council. The
vote on any such suspension shall be taken by yeas or nays and entered into the minutes of the Council.
2.14 Amendment of R,]le~: These rules may be amended, or new rules adopted by the
affirmative vote of four members of the Council, provided that the proposed amendments or new rules
shall have been introduced before the City Council at a prior Council meeting.
3. CODE OF CONDIICT
3.1 Ccmnc, ilmemhem:
a. During Council meetings, Councilmembers shall preserve order and decorum and shall
neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules
of the Council.
b. A Councilmember, once recognized, shall not be interrupted while speaking unless
called to order by the Mayor or presiding officer, unless a point of order is raised by another member or
the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a
Councilmember is called to order while he or she is speaking, he or she shall cease speaking immedi-
ately until the question of order is determined. If ruled to be in order, he or she shall be permitted to
proceed. If ruled not to be in order he or she shall remain silent or shall alter his or her remarks so as to
comply with rules of the Council.
3.2 Administrative ~qmW:
a. Members of the Administrative staff and employees of the City shall observe the same
rules or procedure and decorum applicable to members of the Council, and shall have no voice unless
and until recognized by the Chair.
b. While the presiding officer shall have the authority to preserve decorum in meetings as
far as staff members and City employees are concerned, the City Manager also shall be responsible for
the orderly conduct and decorum of all City employees under his or her direction and control.
c. The City Manager shall take such disciplinary action as may be necessary to insure
that such decorum is preserved at all times by City employees in Council meetings.
d. All remarks and questions addressed to the Council shall be addressed to the Council
as a whole and not to any individual member thereof.
e. No staff member, other than a staff member having the floor, shall enter into any
discussion either directly or indirectly without permission of the presiding officer.
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3.3
Citizens and other visitors are welcome to attend all public meetings of the City Council,
and will be admitted to the City Council Chamber or other room in which the City
Council is meeting, up to the fire safety capacity of the room.
All meeting attendees shall conduct themselves with propriety and decorum.
Conversations between or among audience members should be conducted outside the
meeting room. Attendees will refrain from excessively loud private conversations while
the Council is in session.
Unauthorized remarks from the audience, stamping of the feet, applauding, whistles,
yells, and similar demonstrations shall not be permitted.
Placards, banners, or signs will not be permitted in the City Council Chamber or in any
other room in which the City Council is meeting. Exhibits, displays, and visual aids used
in connection with presentations to the City Council, however, are permitted.
Audience members may not place their feet on any chairs in the City Council Chamber
or other room in which the City Council is meeting.
Only City Council members and City staff`may step on to the dais.
All people wishing to address the City Council shall fa'st be recognized by the presiding
officer and shall limit their remarks to the matter under discussion.
All remarks and questions addressed to the City Council shall be addressed to the City
Council as a whole and not to any individual members.
Any person addressing the City Council in the City Council Chamber shall do so from
the lectern unless physically unable to do so. People addressing the City Council shall
not be permitted to approach the dais. If they wish to hand out papers or other
materials to the City Council, they should express that desire to the presiding officer,
and the City Manager shall direct a staff'member to hand out the materials.
When the time has expired for a presentation to the City Council, the presiding officer
shall direct the person speaking to cease. A second request from the presiding officer
to cease speaking shall be cause of the removal of the speaker if that person continues
to speak.
Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs
shall not obstruct, block, or otherwise be located in the doorway, entranceway, or
walkways of the City Council Chambers or of any other room in which the City Council
may choose to meet. Representatives of the electronic media may set up cameras and
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PAGE 4
other equipment only in the back of the room. It is permissible for television camera
operators to film for short periods of time (several minutes) from the entranceway to the
City Council Chambers using hand-held cameras only. Any radio station, which
broadcasts the regular City Council meetings live may hook their equipment up at the
front of the room as long as it remains out of sight and out of the way.
There will be a uniformed City of Denton police officer present at all regular meetings of
the City Council. This police officer shall act in the capacity of a security
officer/sergeant-at-arms, and shall enforce the meeting rules and act upon the direction
of the presiding officer.
Any person making personal, impertinent, profane, or slanderous remarks, or who
becomes boisterous while addressing the City Council or who otherwise violates any of
the above-mentioned rules while attending a City Council meeting shall be removed
from the room at the direction of the presiding officer, and the person shall be barred
from further audience before the City Council during that session of the City Council. If
the presiding officer fails to act, any member of the City Council may move to require
the offending person's removal, and the affirmative vote of a majority of the City
Council shall require the presiding officer to act. The sergeant-am-arms, if so directed by
the presiding officer or an affirmative vote of the majority of the City Council, shall
remove the offending person from the meeting.
3.4 Fnl%rcamani: The City Manager, in the absence of a designated law enforcement
officer, shall act as Sergeant-am-Arms for the Council, and shall fumish whatever assistance is needed to
enforce the rules of decorum herein established.
3.5 ,qanfing Armngaman1: The City Secretary, City Manager and City Attorney shall
occupy the respective seams in the Council Chamber assigned to them by the Mayor, but any two or
more members of the Council may exchange seams.
4. TVPF~q OF
4.1 l~a~m~lar Maating~: The Council shall meet at six o'clock p.m. on the first and third
Tuesday of each month, with executive sessions (closed meetings) of the Council commencing at five
fifteen o'clock p.m., or at any other time set by the Council, unless the meeting is postponed or
cancelled for valid reasons. All regular meetings of the Council will be held in the Municipal Building at
215 East McKinney Street, or at such other location as the City Council may, by motion, resolution or
ordinance from time to time designate.
4.2 Special Maafing~: Special meetings may be called by the Mayor, the City Manager,
or by any three members of the Council. The call for a special meeting shall be filed with the City
Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open
Meetings Act, [Chapter 55] TEX. GOV'T. CODE ANN., (Vemons 1999, as amended). The Mayor,
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PAGE 5
City Manager, or three of the council members may designate a location for the special meeting other
than the Municipal Building as long as the location is open to the public.
4.3 Work,hop Meefing~: Workshop meetings or work sessions may be called using the
same procedure required for special meetings. (See Sec. 4.2) The purpose of the workshop meeting is
to discuss or explore matters of interest to the City, to meet with City Board, Commission, or
Committee Members, City staff or officers of civic organizations, goveming bodies or individuals
specifically invited to the session by the Mayor, Council or City Manager. These meetings are
informational and normally, no final action shall be taken unless the posted agenda indicates otherwise.
Citizens or other interested persons attending the work session will not be allowed to participate in the
session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work
session and that their input may be received and considered at a regularly scheduled council meeting
where the agenda provides for final action to be taken on the matter. The purpose of this procedure is
to allow the citizens attending the regular meeting the opportunity of heating the views of their fellow
citizens in a more formal setting. Any citizen may supply the City Council a written statement or report
regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites
citizens to participate in a work session, their participation will cease at the point the Mayor closes the
session to public input to allow the Council to give City staff direction as to needed information for the
possible future meeting without distracting comment from the audience.
4.4 F, rnergency Meefing~: In case of emergency or urgent public necessity, which shall be
expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City
Manager or by three members of the Council, and it shall be sufficient if the notice is posted two hours
before the meeting is convened.
4.5 Clo~ed Meefing~: The Council may meet in a closed meeting pursuant to the
requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vemons
1999), as amended.
4.6 Rec, e~ed Meeting~: Any meeting of the Council may be recessed to a later time,
provided that no recess shall be for a longer period than until the next regular meeting.
4.7 Nlntice of Meeting~: The agenda for all meetings, including Council Committee or
Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board and
notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas
Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vemons 1999, as amended.)
5. PRE,qlDINIG OFFICER ANID DIITIE,q
5.1 Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-Tem,
shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of both the
Mayor and Mayor Pro-Tem, the Council shall elect a temporary presiding officer. (Charter, Section
2.03)
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5.2 Call m Order: The meetings of the Council shall be called to order by the Mayor, or
in his or her absence, by the Mayor Pro-Tem. Inthe absence of both the Mayor and the Mayor Pro-
Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall
be elected as provided above.
5.3 pre~ervalicm nf Order: The presiding officer shall preserve order and decorum, and
confine members in debate to the question under discussion. The presiding officer shall call upon the
Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein.
5.4 pnint~ nf Order: The presiding officer shall determine all points of order, subject to
the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the
decision of the presiding officer be sustained?". If a majority of the members present vote "No", the
ruling of the chair is overruled; otherwise, it is sustained.
5.5 Q,,e~tinn~ tn he ~qtated: The presiding officer shall state all questions submitted for a
vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon
the passage of all ordinances and resolutions.
5.6 ~qnh~linninn ~nr Presiding Officer: The presiding officer may call any other member to
take his or her place in the chair, such substitution not to continue beyond adjournment.
5.7 Call for Rece~: The presiding officer may call for a recess of up to fifteen (15)
minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if
requested by any two members.
ORDER OF lllLqlNE~q~q (Section 2-29 of the City Oade "City Council Procedures;
Order of Business")
6.1 (2-29(a)) Agenda: The order of business of each meeting shall be as contained in the
agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda
Committee composed of the Mayor, one other member of the City Council selected by the Council,
and the City Manager. The agenda shall be a listing by topic of subjects to be considered by the
Council. When items are removed from the consent agenda and placed on the regular agenda by
members of the Council, the removed items shall be taken up in the order of removal right after the
consent agenda. Placement of items on the agenda shall be governed by this Section and Section 6.3;
provided that if a Councilmember has an "emergency" item that the Councilmember believes should be
placed on the next regular or special meeting agenda, the placement must be approved by two members
of the Agenda Committee. Conduct of business at special meetings and Council Committees and
subcommittees will likewise be governed by an agenda and these Rules of Procedure.
6.2 (2-29(b)) Pledge of Allegiance: Each agenda shall provide an item for the recital of the
"Pledge of Allegiance" at the regularly scheduled city council meetings. TNs item shall begin with the
recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of
allegiance for the Texas state flag in accordance with article 6139 (b) of Vemons Annotated Texas Civil
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PAGE 7
Statutes.
6.3 (2-29(c)) Pre~enlalicm~ hy Memhem c~t' Comae, il: The agenda shall provide a time when the
Mayor or any Councilmember may bring before the Council any business that he or she feels should be
deliberated upon by the Council. These matters need not be specifically Isted on the agenda, but
discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any
member may suggest an item for discussion at a future work session. The City Manager or city staff
shall only respond preliminarily on this item at the work session. If the City Council believes the item re-
quires a more detailed review, the Council will give the City Manager or City Staff direction to place the
item on a future regular meeting agenda and advise staff as to the background materials to be desired at
such meeting.
6.4 (2-29(d)) Pre~enmficm hy CifiTen~:
a. (2-29(d)(i)) Ci6~en l~epnr~: Any person who wishes to place a subject on the Council
agenda at regular City Council meetings shall advise the City Manager's office of that fact and the speci-
fied subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday
prior to the Council meeting at which he or she wishes the designated subject to be considered. A time
for such citizen reports shall be provided on the agenda after the pledge of allegiance, approval of the
minutes, and the presentation of proclamations. Any speaker providing a citizen report shall speak for
no longer than five (5) minutes on all items that he or she may bring before the Council at each meeting,
unless the Mayor or the majority of the Council grants an extension of time. No citizen may fill out a
"request to speak" form or have an opportunity to speak or comment on another citizen's report which
is given at the same Council meeting.
b. (2-29(d)(ii)) ~qpeaking cm Regular and Ccm~en1 Agenda lmm~: Any person who wishes to
address the Council regarding an item that is on the Council's agenda for a regular or special meeting,
shall complete a "request to speak" form asking to speak regarding the item and return it to the City
Secretary before the Council considers the item. The Mayor will call upon the citizen to speak for no
longer than three (3) minutes as that particular agenda item is considered by the City Council. The
provisions of this paragraph do not apply to persons appearing at a public heating in response to an
official agenda notice or publication. The provisions of this paragraph also do not apply to workshop
meetings, and a citizen's right to speak and provide input at those meetings shall be limited and
controlled by Section 4.3 "Workshop Meetings" of this ordinance.
c. (2-29(d)(iii)) Any person who wishes to address the Council at a public heating shall
complete a "request ~o speak" form and return it to the City Secretary before the applicable heating.
The Mayor will call upon the citizen to speak for no longer than five (5) minutes.
6.5 (2-29(e)) Time l,imitq: Speakers before the Council shall limit their remarks to five (5)
minutes or less for public heating items and citizen reports. Citizens speaking to a non-public heating
agenda item shall limit their presentations to three (3) minutes or less.
6.6 (2-29(0) Oral Pre~enlalion~ hy Ci~ Manager: Matters requiting the Council's attention or
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PAGE 8
action which may have developed after the deadline for delivery of the written communication to the
Council may be presented orally by the City Manager. If formal Council action on a subject is required,
such action may be taken only if the provisions of the Texas Open Meetings Act have been satisfied.
6.7 (2-29(g))Pre~enmficm c~f Prcmlamaficm~: The agenda may provide a time for the
presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations
upon the request of citizens. Proclamations may encompass any activity or theme except that
proclamations with a theme religious or partisan in nature shall not be presented. Moreover,
proclamations shall not be used for any commercial or advertising purpose.
7. C(}N~qlI~ER ATI(}N OF (}RDINANCE~q_ RE~q(}I JITI(}N~q_ AND
7.1 Printed cw Typewritlen Form: All ordinances and resolutions shall be presented to the
Council in printed or typewritten form. The Council may, by proper motion, amend any ordinance or
resolution presented to it and direct that the amended ordinance be placed on the next Council Agenda
for adoption.
7.2 Ci~ Attorney m Approve: All ordinances, resolutions, and contracts and
amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall
file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the
Council. (Charter, Section 6.02).
7.3 Di~trih, licm c~fC)rclinanc, e~ ancl l~e~c~l.licm~; The City Manager shall prepare copies of
all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at
which the ordinance or resolution is introduced, or at such earlier time as is expedient.
7.4 Rec, nrcling at' Vc~le~: The yeas and nays shall be taken upon the passage of all
ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter,
Section 2.06 (b)).
7.5 Majc, ri~ Vale Ren~firecll An affirmative vote of four (4) members is necessary to
repeal any ordinance or take any official action in the name of the City except as otherwise provided in
the Charter or by the laws of the State of Texas. (Charter, Section 2.06).
7.5.1 Tie-Vc~te: Matters voted on by the City Council which end in a tie-vote shall
automatically be placed on each subsequent Council meeting agenda until a full Council is present.
7.6 Demand flew l~c~ll Call: Upon demand of any member, the roll shall be called for yeas
and nays upon any question before the Council, with the excepticm c~fthc~e c, irc,,m~tanc, e~ ~et fcwlh in
,qecticm 7 19., The Previcnm Q.e~ticm It shall not be in order for members to explain their vote during
the roll call.
7.7 Pemcmal Privilege: The right of a member to address the Council on a question of
personal privilege shall be limited to cases in which his or her integrity, character, or motives are
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PAGE 9
assailed, questioned, or impugned.
7.8 Di~ent~ and Prc~te~t~: Any member shall have the right to express dissent from or
protest against any ordinance or resolution of the Council and have the reason therefore entered upon
the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than
the next regular meeting following the date of passage of the ordinance or resolution objected to.
7.9 Voting Ren?imd: No member shall be excused from voting except for lack of
information and except on matters involving the consideration of his or her own official conduct, or
where his or her personal interests are involved in accordance with Chapter 171, TEX. GOV'T. CODE
ANN. (Vemons 1999, as amended), and in these instances he or she shall abstain. Any member
prohibited from voting by personal interest shall announce this at the commencement of consideration of
the matter and shall not enter into discussion or debate on any such matter and shall leave the meeting
room. The member having briefly stated the reason for his or her request, the excuse from voting shall
be made without debate.
7.10 Order of Precedence of Mnlinn~:
a. The following motions shall have priority in the order indicated:
1. Adjourn (when unqualified) and is not debatable and may not be amended;
2. Take a recess (when privileged);
3. Raise a question of privilege;
4. Lay on the table;
5. Previous question (2/3 vote required);
6. Limit or extend limits of debate (2/3 vote required);
7. Postpone to a certain time;
8. Commit or refer;
9. Amend;
10. Postpone indefinitely;
11. Main Motion.
b. The first two motions are not always privileged. To adjourn shall lose its privilege character
and be a main motion if in any way qualified. To take a recess shall be privileged only when other
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PAGE 10
business is pending.
c. A motion to adjourn is not in order:
1. When repeated without intervening business or discussion;
2. When made as an interruption of a member while speaking;
3. While a vote is being taken.
d. Only certain motions may be amended as provided in the most current edition of Robert's
Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended is
undebatable.
7.11 l~e,con~icle,ration- A motion to reconsider any action of the Council can be made not
later than the next succeeding official meeting of the Council. Such a motion can only be made by a
member who voted with the prevailing side. It can be seconded by any member. In order to comply
with the Texas Open Meetings Act, any Councilmember who wishes to make such a motion at a
meeting succeeding the meeting where the action was taken shall notify the City Manager to place the
item for reconsideration on the Council agenda. No question shall be twice reconsidered, except by
unanimous consent of the Council, except that action related to any contract may be reconsidered at any
time before the final execution thereof. A matter which was not timely reconsidered in the manner
provided by this section or was reconsidered but the action originally taken was not changed by the
Council cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of
six (6) months unless this rule is suspended as provided for in these Rules of Procedure.
7.12 The` Pre,vio.~ Q.e,~tion: When the previous question is moved and seconded, it shall
be put as follows: "Shall the main question be now put?". There shall then be no further amendment or
debate; e,xc?t that nothing he`re`in ~hall allow the` pre,vio.~ n?e,~tion to he, calle,d prior to a le,a~t one`
oppormni~ for e,ach me,mhe,r of the, Council to ~pe,ak on the` n?e,~tion he`fore` the` Council Any pending
amendments shall be put in their order before the main question. If the motion for the previous question
is lost, the main question remains before the Council. An affirmative vote of 2/3 of the Council shall be
required to move the previous question. To demand the previous question is equivalent in effect to
moving "That debate now cease, and the Council shall immediately proceed to vote on the pending
motion". In practice, this is done with the phrase "Call for the question", or simply saying "Question".
7.13 Withdrawal of Motions: A motion may be withdrawn, or modified, by its movant
without asking permission until the motion has been stated by the Presiding Officer. If the movant
modifies his or her notion, the seconding councilmember may withdraw his or her second. After the
question has been stated, the movant shall neither withdraw it nor modify it without the consent of the
Council. The subject different from that under consideration shall be admitted under color of
amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to
an amendment shall not be in order.
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PAGE 11
7.14 Appropriafion~ of Money Before formal approval by the Council of motions
providing for appropriation of money, information must be presented to the Council showing purpose of
the appropriation. In addition, before Finally acting on such an appropriation, the Council shall obtain a
report from the City Manager as to the availability of funds and his or her recommendations as to the
desirability of the appropriation.
7.15 Transfer nC Appmpriminn~: At the request of the City Manager, at any time during the
fiscal year, the Council may by resolution transfer an unencumbered balance of an appropriation made
for the use of one departmem, division, or purpose; but no transfer shall be made of revenues or
eamings of any non-tax supported public utility to any other purpose.
8. (~RF, ATIONI OF (~OMMITTF, F.q_ IlOARD~q AND COMMI~q~qlONLq
8.1 Ccmnc, il Cc~rnrnittee~: The Council may, as the need arises, authorize the appointment
of the "ad hoc" Council committees. Any committee so created shall cease to exist upon the
accomplishment of the special purpose for which it was created or when abolished by a majority vote of
the Council.
8.2 Citizen lqoard~, Cornrni~ion~, and Cornrnitlee~: The Council may create other
Committees, Boards and Commissions to assist in the conduct of the operation of the City government
with such duties as the Council may specify not inconsistem with the City Charter or Code.
Memberships and selection of members shall be as provided by the Council if not specified by the City
Charter or Code. Any Committee, Board, or Commission so created shall cease to exist upon the
accomplishment of the special purpose for which it was created, or when abolished by a majority of the
vote of the Council. No Committee so appoimed shall have powers other than advisory to the Council
or to the City Manager, except as otherwise specified by the Charter or Code.
8.3 Appointmem~:
a. Individual City Councilmembers making nominations for members to citizen boards and
commissions will consider interested persons on a citywide basis.
b. The City Council will make an effort to be inclusive of all segments of the community in the
board and commission appointment process. City Councilmembers will consider ethnicity, gender,
socio-economic levels, and other factors to ensure a diverse representation of Demon citizens.
c. The City Council will take into consideration an indMdual's qualifications, willingness to
serve, and application information in selecting nominations for membership to each board and commis-
sion.
d. In an effort to ensure maximum citizen participation, City Councilmembers will continue the
general practice of nominating new citizens to replace board members who have served three consecu-
tive, full terms on the same board.
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PAGE 12
e. Each City Councilmember will be responsible for making nominations for board and
commission places assigned to him or her, which may correspond to the City Councilmember's place.
individual City Councilmembers will make nominations to the full City Council for the goveming body's
approval or disapproval.
8.4 l~,,le~ of' Procedure: Board and Commission members shall comply with the
provisions of Article iii of Chapter 2 of the Code of Ordinances. Each Board shall be provided a copy
of these rules of procedure and each advisory board shall adopt rules of procedure governing the
operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible.
9. VOTF,,q RF, OI IIRFD
Questions on which the voting requirement is varied by the Charter, State Statutes and these
rules are listed below:
9. l Charier and ~qlale ~qlamlory Ren?iremenl~:
a. Charier Amendmenl - Five Vnle~: Ordinances submitting proposed Charter amendments
must be adopted by a two-thirds vote of the Council. (Article XI, Section 3, Texas Constitution and
Chapter 9, Texas Local Government Code (Vemons 1999, as amended.) For a seven member
Council, this means five members must vote affirmatively.
b. l,evying Taxe~ - Five Voles: Ordinances providing for the assessment and collection of
certain taxes require the approval of two-thirds of the members of the Council (Section 302.101, Texas
Tax Code) (Vernons, 1999, as amended.)
c. Changing Paving A~e~meni Plank - Five Voles: Changes in plans for paving assessment
require a two-thirds vote of the Council. (Section 313.053(e) Transportation Code, Vemons 1999, as
amended.)
Change~ in Zoning Ordinance or Zoning Classifications: In cases of a written protest of
a change in a zoning regulation or zoning classification by the owners of twenty (20%)
percent or more either of the area of the lots included in such proposed change, or of the
lots immediately adjoining the same and extending two hundred feet (200') therefrom,
such amendment shall not become effective except by the favorable vote of three-fourths
(3/4) of all members of the City Council; six (6) votes of the City Council is required to
override the decision of the Planning and Zoning Commission that a zoning change be
denied.
Amendmeni of Tax Ahalemeni Policy The guidelines and criteria adopted as the City's
Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of
all members of the City Council. (Section 312.002(c)) Texas Tax Code (Vemons 1999,
as amended.)
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PAGE 13
10. ,qF, VF, R A 1111 ,IT~ (ql,AlkqF,
That if any section, subsection, paragraph, semence, clause, phrase or word in this ordinance,
or application thereof to any person or circumstances is held invalid by any court of competem
jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the
City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining
portions despite any such invalidity.
,qF, CTIONI ?. That Ordinances 74-48, 81-35, 90-026, 90-150, 92-115, and 93-073 are
hereby repealed.
,qF, CTIONI q That this Ordinance shall become effective immediately tpon its passage and
approval.
PASSED AND APPROVED this the 1~t day of May, 2001.
/e/F.,line lqmck
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: /~/lennifer Waltem
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:/~/l-lerher~ Pm,tv
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PAGE 14
S: Rules of Procedures Ordinance 2001-204.doc
ORDINANCE NO. 204
AN ORDINANCE AMENDING ORDINANCE 2001-193 TO AMEND SECTION 6.1 OF THE
RULES OF PROCEDURE TO INCREASE THE NUMBER OF COUNCIL APPOINTEES TO
THE AGENDA COMMITTEE; TO CORRECT A REFERENCE TO A STATUTE 1N
SECTION 4.2 OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR RETROACTIVE EFFECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the fh'st day of May, 2001, City Council passed Ordinance No. 2001-
193, which consolidated the various ordinances amending the Council Rules of Procedure
(Rules) into one ordinance; and
WHEREAS, at their meeting of May 22, 2001 the City Council voted to suspend Section
6.1 of the Rules by expanding the number of Council appointees to the Agenda Committee from
one other member of the City Council to two members and appointed Councilmembers
Burroughs and Redmon to the Committee; and
WHEREAS, the City Council deems it necessary to amend the Rules to incorporate this
increase in the number of Council appointees to the Agenda Committee; and
WHEREAS, Section 4.2 of the ordinance inadvertently contained an incorrect reference
to the Texas Open Meetings Act as Chapter 55 instead of Chapter 551 of the Texas Government
Code; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS:
SECTION 1. That Section 6.1 of Ordinance 2001-193 "Agenda" and Section 2-29(a) of
the Code of Ordinances of the City of Denton are hereby amended to read as follows:
Section 6.1 (2-29(a)) AGENDA: The order of business of each meeting
shall be as contained in the agenda prepared by the City Manager, which
shall be reviewed and approved by an Agenda Committee composed of
the Mayor, up to two other members of the City Council selected by the
Council, and the City Manager. When items are removed from the
consent agenda and placed on the regular agenda by members of the
Council, the removed items shall be taken up in the order of removal right
after the consent agenda. Placement of items on the agenda shall be
governed by this Section and Section 6.3; provided that if a
Councilmember has an "emergency" item that the Councilmember
believes should be placed on the next regular or special meeting agenda,
the placement must be approved by two members of the Agenda
Committee. Conduct of business at special meetings and Council
Committees and subcommittees will likewise be governed by an agenda
and these Rules of Procedure.
SECTION 2. That Section 4.2, "Special Meetings" of Ordinance 2001-193, is hereby
amended by correcting the statutory reference to the Texas Open Meetings Act from "Chapter 55
TEX. GOV'T CODE ANN., (Vemon's 1999, as amended)" to "Chapter 551 TEX. GOV'T.
CODE ANN., (Vernon's 1999, as amended)."
SECTION 3. That all previous actions of the City Council to suspend the Rules and
appoint Councilmembers Burroughs and Redmon to the Agenda Committee are hereby ratified
and approved.
SECTION 4. That save and except as amended hereby, the remaining paragraphs,
sections and clauses of Ordinance 2001-193 shall remain in full force and effect.
SECTION 5. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the 29th day of May, 2001.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
/s/Euline Brock
EULiNE BROCK, MAYOR
BY:/s/Jennifer Walters
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:/s/Herbert Prouty
ORDINANCE NO.2002-018
AN ORDINANCE AMENDING ORDINANCE NO. 2001-193 AND SECTION 2-29 OF THE CITY
CODE RELATING TO RULES OF PROCEDURE FOR TYPES OF MEETINGS AND
PRESENTATIONS BY CITIZENS FOR THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City
Charter of the City of Denton, Texas, authorize the City Council of said City to promulgate and establish
rules of procedure to govern and conduct meetings, order of business, and decorum, while acting as a
legislative body representing said City; and
WHEREAS, because of its desire to serve the public through the medium of public meetings, it
has become necessary to amend City Council Rules of Procedure to provide for more effective and
efficient meetings; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
~ That Ordinance Number 2001-193 of the Denton City Council Rules of Procedure,
Section 4.1 to 4.3, TYPES OF MEETINGS, and Section 6 (2-29(d)) PRESENTATION BY CITIZENS
as well as Section 2-29, City Council Procedures; Order of Business of the Code of Ordinances of the
City are hereby amended to read as follows:
4. TYPES OF MEETINGS
4.1 B.egulm~e,~fixt~: The Council shall meet at 6:30 p.m. on the first and third Tuesday of
each month, with executive sessions (closed meetings) of the Council commencing at 5:30 p.m., or at any
other time set by the Council, unless the meeting is postponed or cancelled for valid reasons. All regular
meetings of the Council will be held in the Municipal Building at 215 East McKinney Street, Denton, Texas
or at such other location as the City Council may, by motion, resolution or ordinance from time to time
designate.
4.2 ~: Special meetings may be called by the Mayor, the City Manager, or
by any three members of the Council. The call for a special meeting shall be filed with the City Secretary
in written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act,
TEX. GOV'T. CODE ANN. § 551.001, et seq. (Vernon1999, as amended). The Mayor, City Manager,
or three of the Council Members may designate a location for the special meeting other than the Municipal
Building as long as the location is open to the public.
4.3 Workshop Meetings: Workshop meetings or work sessions may be held from 4:30 p.m. to
5:15 p.m. on the first and third Tuesday of each month, to discuss near to mid range issues. Workshop
meetings or work sessions may be held from 5:15 p.m. to 5:30 p.m. on the first and third Tuesday of each
month, to answer Council questions concerning consent agenda items. Workshop or Work Sessions may
be held from 4:30 pm. to 6:30 p.m. on the second Tuesday of each month to discuss mid to long-range
S:\Rules of Procedures[Ordinance 2OO2 018.doc
PAGE 1
issues. Workshops or Work Sessions may be called using the same procedure required for special
meetings as provided for in Section 4.2, above. The purpose of the workshop rmeting is to discuss or
explore matters of interest to the City, to meet with City Board, Commission, or Committee Members, City
staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by
the Mayor, Council or City Manager. These meetings are informational and normally, no final action shall
be taken unless the posted agenda indicates otherwise. Citizens or other interested persons attending the
work session will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens
should be advised of the nature of the work session and that their input may be received and considered at
a regularly scheduled council meeting where the agenda provides for final action to be taken on the
matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity
of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City
Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work
session. If the Mayor invites citizens to participate in a work session, their participation will cease at the
point the Mayor closes the session to public input to allow the Council to give City staff direction as to
needed information for the possible future meeting without distracting comment from the audience.
6.4 (2-29(d)) Presentation by Citizens:
a. (2-29(d)(i)) ~: Any person who wishes to place a subject on the Council agenda
at regular City Council meetings shall advise the City Manager's office of that fact and the specified
subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to
the Council meeting at which he or she wishes the designated subject to be considered. A time for such
citizen reports shall be provided on the agenda after the pledge of allegiance, approval of the minutes, and
the presentation of proclamations. Any speaker providing a citizen report shall speak for no longer than
five (5) minutes on all items that he or she may bring before the Council at each meeting, unless the
Mayor or the majority of the Council grants an extension of time. No citizen may fill out a "request to
speak" form or have an opportunity to speak or comment on another citizen's report, which is given at the
same Council meeting.
b. (2-29(d)(ii)) Speaking on Regular and Consent Agenda Items: Any person who wishes to
address the Council regarding an item that is on the Council's agenda for a regular or special meeting, shall
complete a "request to speak" form asking to speak regarding the item and return it to the City Secretary
before the Council considers the item. The Mayor will call upon the citizen to speak for no longer than
three (3) minutes as that particular agenda item is considered by the City Council. The provisions of this
paragraph do not apply to workshop meetings, and a citizen's right to speak and provide input at those
meetings shall be limited and controlled by Section 4.3 "Workshop Meetings" of this ordinance.
c. (2-29(d)(iii)) any person who wishes to address the Council at a public hearing shall complete a
"request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will
call upon the citizen to speak for no longer than three (3) minutes.
d. (2-29(d)(iv) Any group or organization comprising of ten or more members present in the City
Council Chambers who wishes to address the Council at a public hearing or a non public hearing agenda
shall have a representative address the City Council and shall limit their remarks to ten (10) minutes or
less.
6.5 (2-29(e)) ~: Speakers before the Council shall limit their remarks to three (3)
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PAGE 2
minutes or less for public hearing and non-public hearing items. Citizen reports shall be limited to five (5)
minutes or less. Groups or organizations comprising of ten or more members shall limit their remarks in
accordance to the parameters established in paragraph 6.4 (2-29(d)(iv)). At the discretion of the presiding
officer or a majority of the City Council, any speaker may be granted a continuance of time to speak.
,qECTION cl That save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full
force and effect.
~4 If any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the
City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions
despite any such invalidity.
~4 That this Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 8th day of January, 2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
/s/Euline Brock
EULINE BROCK, MAYOR
BY:/s/Jennifer Walters
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:/s/Herbert Prouty
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PAGE 3
01/13/03 #3
AGENDA INFORMATION SHEET
AGENDA DATE: January 13, 2003
DEPARTMENT: City Manager's Office
CM/DCM/ACM: Michael A. Conduff, City Manager
SUBJECT:
Receive a report, hold a discussion, and give staff direction regarding a review of the City
Council retreat.
BACKGROUND:
The City Council held its Annual Leadership Retreat on August 1, 2002. During the discussions,
City Council and staff revisited DeMon's vision for DeNon for the 21st century and idemified
areas that were critical to achieving success (Attachmem 1). These areas included public
schools, economic stability, and infrastructure needs. Further discussion idemified possible
barriers and set strategies for improvement. Attached is a chart listing each of the strategies
idemified along with a short update of action all ready taken and/or plans for the future
(Attachmem 2).
In addition, Council had in-depth discussions regarding the possibility of devoting unused sales
tax to meet immediate and long term transportation needs and set a goals and strategies for
improving economic developmem efforts. The final discussion idemified strategies for Council
Commitmems in 2002. Council idemified strategies that would assist them in making public
policy decisions.
PRIOR ACTION/REVIEW:
The City Council and staff discussed topics and set strategies in a leadership session held on
August 1, 2002, and agreed to conduct a six-month review.
Respectfully submitted:
Betty Williams
Director of Management & Public Information
Attachments: Annual Leadership Team Retreat Presentation
Leadership Team Strategy Review