HomeMy WebLinkAboutNovember 11, 2014 AgendaCity f Denton City Hall
Y 215 E. McKinney St.
Denton, Texas 76201
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Dt�NT N Meeting Agenda
City Council
Tuesday, November 11, 2014 3:00 PM Work Session Room
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene
in a 2nd Tuesday Session on Tuesday, November 11, 2014 at 3:00 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
A 2nd Tuesday Session is used to explore matters of interest to one or more City Council Members or
the City Manager for the purpose of giving staff direction into whether or not such matters should be
placed on a future regular or special meeting of the Council for citizen input, City Council deliberation
and formal City action. At a 2nd Tuesday Session, the City Council generally receives informal and
preliminary reports and information from City staff, officials, members of City committees, and the
individual or organization proposing council action, if invited by City Council or City Manager to
participate in the session. Participation by individuals and members of organizations invited to speak
ceases when the Mayor announces the session is being closed to public input. Although 2nd Tuesday
Session are public meetings, and citizens have a legal right to attend, they are not public hearings, so
citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen
may supply to the City Council, prior to the beginning of the session, a written report regarding the
citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a
regular meeting agenda, the staff will generally prepare a final report defining the proposed action,
which will be made available to all citizens prior to the regular meeting at which citizen input is sought.
The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear
the views of their fellow citizens without having to attend two meetings.
Work Session Reports
A. ID 14 -0594 Receive a report, and hold a discussion regarding the status of Denton Municipal
Electric's Capital Improvement Projects.
B. ID 14 -0732 Receive a report, hold a discussion, and provide staff direction regarding
City -owned location options for the Community Market in the Downtown area.
C. ID 14 -0616 Hold a discussion and provide staff direction with regard to possible amendments to
the City Council Rules of Procedure.
Attachments: Exhibit 1- Proposed Ordinance
Exhibit 2- Comparison of CC Rules- proposed 2014 to 2011
Exhibit 3- PowerPoint Presentation
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to
consider specific items when these items are listed below under the Closed Meeting section of this
agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open
Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as
otherwise allowed by law.
Closed Meeting:
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A. ID 14 -0559 Certain Public Power Utilities:
Code, Section 551.086; and
Government Code, Section 551.071.
Competitive Matters - Under Texas Government
Consultation with Attorneys - Under Texas
Receive a presentation from Denton Municipal Electric ( "DME ") staff regarding
certain public power competitive, financial and commercial information relating to
issues regarding support, implementation and operation of its Energy Risk
Management Policy that deals with bidding and pricing information for purchased
power, generation and fuel, and Electric Reliability Council of Texas (ERCOT)
bids, prices, offers and related services and strategies, and the terms and
authorizations related thereto, as well as other public power information.
Consultation with the City's attorneys regarding legal issues associated with the
Energy Risk Management Policy where a public discussion of these legal matters
would conflict with the duty of the City's attorneys to the City of Denton and the
Denton City Council under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas, or would jeopardize the City's legal position in any potential
litigation. Discuss, deliberate, and provide staff with direction.
B. ID 14 -0567 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys regarding legal issues and
strategies associated with Gas Well Ordinance regulation of gas well drilling and
production within the City Limits and the extraterritorial jurisdiction, including:
Constitutional limitations, statutory limitations upon municipal regulatory authority;
statutory preemption and vested rights; impacts of federal and state law and
regulations; impacts of gas well drilling upon protected uses and vice - versa;
moratorium on drilling and production; other concerns about municipal regulatory
authority or matters relating to enforcement of the Gas Well Ordinance; settlement
matters concerning gas well drilling in the City; surface development issues
involving surface and mineral estates; and legal matters associated with a citizen's
initiative and pending litigation styled Jerry Patterson, Commissioner, Texas
General Land Office v. City of Denton Texas, Cause No. D- 1- GN -14- 004628
currently pending in the 53rd District Court of Travis County and Texas Oil and
Gas Association v. City of Denton, Cause No. 14- 09833 -431 currently pending in
the 431st District Court of Denton County regarding hydraulic fracturing where a
public discussion of these legal matters would conflict with the duty of the City's
attorneys under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas.
Concluding Items
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City
Council or the public with specific factual information or recitation of policy, or accept a proposal to
place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas
Open Meetings Act, provide reports about items of community interest regarding which no action
will be taken, to include: expressions of thanks, congratulations, or condolence; information
regarding holiday schedules; an honorary or salutary recognition of a public official, public employee,
or other citizen; a reminder about an upcoming event organized or sponsored by the governing body;
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City Council Meeting Agenda November 11, 2014
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 municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has arisen after the
posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071 - 551.086 of the Texas Open
Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2014 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.
City ofDenton Page 3 Printed on 111612014
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
Legislation Text
File #: ID 14 -0594, Version: 1
Agenda Information Sheet
DEPARTMENT: DME
ACM: Howard Martin, 349 -8232
Date: November 11, 2014
SUBJECT
Receive a report, and hold a discussion regarding the status of Denton Municipal Electric's Capital
Improvement Projects.
BACKGROUND
In the fall of 2013 the Denton City Council approved the first phase of DME's planned Capital Improvement
Projects to upgrade the City of Denton's aging transmission and distribution electric utility infrastructure.
DME has accomplished several milestones of the project that it would like to share.
Respectfully submitted:
Phil Williams
DME, General Manager
Prepared by:
Smith Day
Compliance Manager
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
1'&IM111iffidrift w ww.cityofdenton.com
NTON
Legislation Text
File #: ID 14 -0732, Version: 1
AGENDA DATE:
DEPARTMENT:
CM/ ACM:
AGENDA INFORMATION SHEET
November 11, 2014
Parks and Recreation
John Cabrales, Jr.
SUBJECT
Receive a report, hold a discussion, and provide staff direction regarding City -owned location options for the Community Market in
the Downtown area.
BACKGROUND
The Community Market has been hosted on the county museum property at Carol and Mulberry for the last five years. The market is
outgrowing this location and the Community Market organizers have asked the City to provide a new location in the downtown area.
The market is open from 9 a.m. to 1 p.m. Saturdays, April through November. Three potential city locations for the market have been
identified: Quakertown Park, the City property on McKinney Street across from City Hall, and inside the Civic Center.
Staff does not support the idea of using Quakertown Park for the Community Market. Quakertown Park currently hosts five major
events every year: Jazz Fest, Cinco de Mayo, Bluesfest, Easter Eggstravaganza, the July 4 t' celebration, soccer games, fundraising
walks and other special events. These events produce significant wear and compaction of the soil in the park. Weekly use of the park
by vendors and customers willdeteriorate the quality of the turf and make it difficult to maintain. In the event of rain during the week
prior to a Saturday market, vendors who drive in the park willcreate ruts in the turf and additional wear park that willneed repair by
the Park Maintenance division.
The daily rental fee for half of Quakertown Park is $1,875 and, as per current City ordinance, each vendor in the park would be
required to purchase a $25 per day Park Vendor Permit.
Hosting the Community Market in the north end of the park willalso create additional parking problems with the Senior Center, Civic
Center Pool, Emily Fowler Library, and the Women's Building patrons. The Parks Department already receives ongoing complaints
from the seniors regarding availability of parking. The high volume of traffic and the increased parking demand would eliminate the
use of the senior center for daily use or rentals on Saturdays. The restroom in Quakertown Park is not large enough to support an
event of this size so portalets would be required.
The Civic Center would provide indoor space for 50 vendors and outdoor space for several more on the patio. The indoor space is
heated and air- conditioned and the market would not be affected by bad weather. Restrooms are available inside the Civic Center so
no portal let rental would be required. Food trucks could be parked in the parking lot on the south side of the building. Bounce houses
and other children's programming could take place outside on the lawn area between the Civic Center and City Hall but additional
rental fees would apply. The weekend daily use fee for the Civic Center is $1,000 with a required $600 cleaning fee. Under current
City ordinance, use of the Civic Center would also require a $25 per day per vendor permit fee. The Civic Center would be available
for Community Market use approximately 40 Saturdays per year due to commitments for special events such as Storytelling Festival,
Jazz Fest, Cinco de Mayo, Bluesfest and several annual Parks and Recreation events.
The third possible location for the Community Market would be the property recently purchased from the County on the south side of
McKinney Street across from City Hall. The two remaining buildings on that site are slated for removal in the next few weeks. The
gravel areas are also scheduled for paving to increase parking in the downtown area. This location is City property, not dedicated park
property; therefore, no Park Vendor Permits would be required. There are no permanent restroom facilities available at this location
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File M ID 14 -0732, Version: 1
so portalets would be required. The daily use fee for this location is $100 per day and this location would be available every weekend
except the Thin Line Festival and possibly the week of Jazzfest. Entering into this long -term commitment would eliminate use by any
other event. In addition, any rental agreement would need to include an exit clause in the event the City is presented with a
development opportunity.
Respectfully submitted:
bow 06..4
Emerson M. Vorel, Jr., Director
Parks and Recreation Department
City of Denton Page 2 of 2 Printed on 11/6/2014
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
Legislation Text
File #: ID 14 -0616, Version: 1
Agenda Information Sheet
DEPARTMENT: Legal
CM/ ACM: Anita Burgess, City Attorney
Date: November 11, 2014
SUBJECT
Hold a discussion and provide staff direction with regard to possible amendments to the City Council Rules of
Procedure.
BACKGROUND
The City Council expressed a desire to review the City Council Rules of Procedure. Particularly, some Council
members expressed a desire to consider the time allotted to citizens to speak before Council. Upon review, the
City Attorney determined that the Rules could be clearer if better organized and suggestions for the re-
organization are being made. Additionally, some Council practices have not been reflected in the Council
Rules. For example, the Rules did not acknowledge the Council's first Monday luncheon meetings.
Staff requests direction from Council as to the time to be allotted for citizen speakers. No changes have been
made to the Rules as no consensus has been reached on this issue thus far.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council last reviewed these Rules in 2011 when revisions were made with regard to the citizen comment
period.
EXHIBITS
Exhibit 1- Proposed Ordinance
Exhibit 2- Comparison of CC Rules - Proposed 2014 with 2011
Exhibit 3- PowerPoint Presentation
Respectfully submitted,
Anita Burgess
City Attorney
Prepared by:
Toni Reedy
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File M ID 14 -0616, Version: 1
Legal Secretary
City of Denton Page 2 of 2 Printed on 11/6/2014
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ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 2011 -038 AND ENACTING A NEW
SECTION 2 -29 OF THE CITY OF DENTON CODE OF ORDINANCES RELATING TO
RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton desires to conduct the City Council
meetings of the City of Denton in the most efficient and time effective manner; and
WHEREAS, the City Council also desires to allow open dialogue by citizens of the
community regarding the business of city government; and
WHEREAS the City Council desires to streamline the City Council meetings, and facilitate
citizen's access to make comments to their local governing body; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Section 2 -29 of the City Code, known as the Denton City Council Rules
of Procedure, is hereby enacted to read as follows:
1. (2- 29(a)) AUTHORITY
1.1(1) Chart er: Pursuant to the provisions of Section 2.07 of the Charter of the City of
Denton, 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. (2- 29(b)) GENERAL RULES
2.1 (1) Meetings to be Public: 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 (Vernon 2014), as amended, shall be open to the
public.
2.2 (2) Quo rum: Four members of the Council shall constitute a quorum for the transaction
of business. (Charter, Section 2.06)
2.3 (3) Compelling Attendance: No member shall be excused from attendance at a Council
meeting except for good and valid reasons. It will be the duty of the Council member to notify the
City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will
record each Council member as being present or absent as a part of the minutes prepared for each
Council meeting.
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2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent
with any Ethics Policy adopted by the Council.
2.5 (5) Minutes of Meetings: 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 and shall be approved by the Mayor for all closed meetings for
which a certified agenda is required to be kept in accordance with the Texas Open Meetings Act.
2.6 (6) Questions to Contain One Subject: 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 Council member. If two or more points are involved, any
member may require a division, if the question reasonably admits of a division.
2.7 (7) Right to 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 (8) City 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 (9) City Attorney: 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 (10) City Secretary: 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 (11) Officers and Employees: 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 (12) Rules 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 shall
govern.
2.13 (13) Suspension of Rules: Any provision of these rules not governed by the City
Charter or other City Code provisions 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
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entered into the minutes of the Council.
2.14 (14) Amendment of Rules: 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. (2- 29(c)) CODE OF CONDUCT
3.1 (1) Council members:
a. During Council meetings, Council members 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 Council member, 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 Council member is called to order while he or she is speaking, he or she shall cease
speaking immediately 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 (2) Administrative Staff:
a. Members of the Administrative staff and employees of the City shall observe the same
rules of 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.
3.3 (3) Citizens:
a. 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.
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b. 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.
c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles,
yells, and similar demonstrations shall not be permitted.
d. 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.
e. 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.
f. Only City Council members and City staff may step onto the dais.
g. All people wishing to address the City Council shall first be recognized by the
presiding officer and shall limit their remarks to the matter under discussion.
h. 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.
i. 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.
j. 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.
k. 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 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. 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.
1. 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.
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m. 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 -at -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 (4) Enforcement: The City Manager, in the absence of a designated law enforcement
officer, shall act as Sergeant at Arms for the council, and shall furnish whatever assistance is needed
to enforce the rules of decorum herein established.
3.5 (5) Seating Arran_eg ment: The City Secretary, City Manager and City Attorney shall
occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or
more members of the Council may exchange seats.
4. (2- 29(d)) TYPES OF MEETINGS
4.1 (1) Regular Meetings: The Council shall meet on the first and third Tuesday of each
month, at such time as may be set by the City Council, unless the meeting is postponed or cancelled
for valid reasons. All regular meetings of the Council will be held in City Hall at 215 East
McKinney Street, Denton, Texas or at such other location as the City Council may, from time to
time by proper posting under the Open Meetings Act and so long as the location is open to the
public, designate.
4.2 (2) Special Meetings: Special meetings may be called by the Mayor, the City Manager,
or by any three members of the Council. The City Secretary shall post notice thereof as provided by
the Texas Open Meetings Act. The Mayor, City Manager, or three of the council members may
designate a location for the special meeting other than City Hall, as long as the location is open to
the public.
4.3 (3) Workshop Meetings: Workshop meetings (also referred to as "work sessions ") may
be held on the first and third Tuesday of each month at such time as may be set by the City Council,
or on such other day as the City Council may designate and at such time as may be set by the City
Council, to discuss near to mid or long range issues and to answer City Council questions
concerning all agenda items. Workshops or work sessions may be called using the same procedure
required for special meetings as provided for in Section 4.2(2) above. The purpose of the workshop
meeting is to discuss or explore matters of interest to the City, to meet with City boards,
commissions, 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.
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4.4(4) Luncheon Meetings: Luncheon workshop or work session meetings may be held on
the first Monday of each month at such time as may be set by the City Council, or on such other day
as the City Council may designate. Such meetings may be called using the same procedure required
for special meetings as provided for in Section 4.2(2) above. The purpose of the luncheon meeting
is to discuss or explore matters of interest to the City, to meet with City boards, commissions, 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.
4.4 (5) Emergency Meetings: 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 (6) Closed Meetings: The Council may meet in a closed meeting pursuant to the
requirements of the Texas Open Meetings Act.
4.6 (7) Recessed Meetings: 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 business day.
4.7 (8) Notice of Meetings: 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.
5. (2- 29(e)) PRESIDING OFFICER AND DUTIES
5.1 (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 the
Mayor and the Mayor Pro -Tem, the Council shall elect a temporary presiding officer. (Charter,
Section 2.03).
5.2 (2) Call to 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. In the 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 (3) Preservation of 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 (4) Points of 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.
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5.5 (5) Questions to be Stated: 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 (6) Substitution for 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 (7) Call for Recess: 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.
6. 2 -29 (f)(4)(5) ORDER OF BUSINESS
6.1 (1) 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, the Mayor Pro Tem, 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 ordinance; provided that if a Council member has an "emergency"
item that the Council member believes should be placed on the next regular or special meeting
agenda, the placement must be approved by two members of the Agenda Committee or at the
direction of a majority of the Council. Conduct of business at special meetings will likewise be
governed by an agenda and these Rules of Procedure.
6.2 (2) Pledge of Allegiance: _ Each agenda shall provide an item for the recital of the
"Pledge of Allegiance" at the regularly scheduled city council meetings. This 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 Section 3 100. 101 of the TEx. GOV'T
CODE.
6.3 (3) Presentations by Members of Council or City Manager: The agenda shall provide a
time when the Mayor or any Council member may bring before the Council any business that he or
she feels should be deliberated upon by the Council at a future Council meeting. These matters
need not be specifically listed 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 requires 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. The
City Council may receive from the City Manager or City staff or a member of the City Council
reports about items of community interest including expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; 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; a reminder about an upcoming event organized or sponsored by the
governing body; information regarding a social, ceremonial, or community event organized or
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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 municipality; and
announcements involving an imminent threat to the public health and safety of people in the
municipality that has arisen after the posting of the agenda so long as authorized by the Texas Open
Meetings Act.
6.4 (4) Presentations from Members of the Public:
a. Reports from Members of the Public: 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. Such reports shall be heard either at the beginning of the regular meeting of the City
Council, or later on the council's agenda at a place determined by the Agenda Committee in light of
the length of the agenda and the anticipation of time needed for the agenda items under
consideration. Placement of citizen reports at the beginning of the agenda shall be determined by a
rule of rotation as follows: Every member of the public will be given an opportunity for placement
of their report at the beginning of the regular city council meeting once every six (6) months; should
a citizen desire to present reports more frequently than once every 6 months, such reports will be
heard by the council at the time determined by the Agenda Committee after the calling of an agenda
item posted for such purpose; and speakers will be assigned to the first part of the meeting on a first
come, first served basis with a limit of three (3) speakers assigned to this early forum. It is the
intent of the rule of rotation to better manage the time of the City Council members, the city staff,
and to fashion some more available and convenient time for all members of the public to address the
City Council on a non - discriminatory and rotating basis. No person may fill out a "request to
speak" form in order to speak or comment on another person's report, which is given at the same
Council meeting. An announcement may be made, prior to the time for reports from members of
the public on the agenda, summarizing the main portions of the Rules and subsection (c), "Code of
Conduct" as they may apply to members of the public speaking to the Council. Any speaker
providing a report shall speak for no longer than four (4) minutes on all items that he or she may
bring before the Council at each meeting.
b. Work Session or Workshop Items: As it concerns the workshop agenda, citizens or other
interested persons may not participate in the session unless invited to do so by the Mayor. 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 on the item. Citizens should be advised of the
nature of the work session, but that their input on these items is premature until such item is placed
upon a City Council agenda for final action. 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.
c. Speaking on Consent and Re Agenda AgAgenda Items: Any person who wishes to address the
Council regarding a non -public hearing regular or consent agenda item that is on the Council's
agenda, shall complete a "request to speak" form asking to speak regarding the item and shall return
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it to the City Secretary. On consent items, the request to speak card shall be submitted prior to the
citizen comment on consent agenda items at the beginning of the City Council meeting. On regular
agenda items, the request to speak card shall be submitted prior to the time the City Council
considers the item. The Mayor will call upon the person who desires to speak.
1) Consent Agenda Items: When consent agenda items are posted on an
agenda, citizens or other interested persons will be allowed to make citizen
comment immediately after the opening of the City Council meeting and prior to
workshop or work session items on the agenda. Consent agenda items are
generally routine in nature, so comment at this time facilitates the regular council
meeting where no citizen comment on consent agenda items will be permitted,
unless the item is removed from the consent agenda by a member of the Council to
be considered as an individual item during the regular meeting. Speakers will be
allowed three (3) minutes per speaker and may comment on any or all consent
agenda items so long as any speaker's time does not exceed a total of three (3)
minutes.
2) Re During Agenda Items: DurAgenda Items: During the regular session of the City Council
meeting, any citizen or interested person may comment on an item posted on the
agenda for final action. The Mayor will call upon the person to speak. Speakers
will be allowed three (3) minutes per speaker as to any particular agenda item being
considered by the City Council.
d. Public Hearings: Any person who wishes to address the Council at a public hearing is
encouraged to complete a "request to speak" form and return it to the City Secretary before the
applicable hearing. The Mayor will call upon the person to speak. Speakers will be allowed three
(3) minutes per speaker as to any public hearing item; however, applicants and their agents on
public hearing items shall be allowed to speak for no longer than five (5) minutes.
e. Groups or Organizations: Any group or organization comprised of ten (10) or more
members present in the City Council Chambers who wishes to address the Council at a public
hearing or on a non -public hearing agenda item shall designate a representative to address the City
Council and shall limit their remarks to ten (10) minutes or less. The group or organization shall
turn in a written designation to the City Secretary prior to the commencement of the meeting
identifying the representative who will address the City Council on behalf of the group or
organization.
f Discretionary Time: At the discretion of the presiding officer or a majority of the City
Council, any speaker may be granted an extension of time to speak.
g. AudioNisual Aids: Any citizen desiring to use audio /visual aids during presentations to
Council shall submit such presentation to the City Secretary 24 hours prior to the meeting where the
presentation will occur.
6.6 (5) Presentation of Proclamations: The agenda may provide a time for the presentation
of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the
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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. (2- 29(g)) CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 (1) Printed or Typewritten Form: All ordinances and resolutions shall be presented to
the Council in printed, typewritten or electronic form. The Council may, by proper motion, amend
any ordinance or resolution presented to it at the meeting at which it is presented or direct that the
amended ordinance be placed on the next or any future Council Agenda for adoption.
7.2 (2) City Attorney to 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 (3) Distribution of Ordinances and Resolutions: 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 (4) Recording of Votes: 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 (5) Majority Vote Required: 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, by the laws of the State of Texas, or these Rules. (Charter, Section 2.06).
7.5.1(a) Tie -Vote: 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 (6) Demand for Roll Call: Upon demand of any member, the roll shall be called for
yeas and nays upon any question before the Council, with the exception of those circumstances set
forth in Section 7.12, The Previous Question. It shall not be in order for members to explain their
vote during the roll call.
7.7 (7) Personal 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
assailed, questioned, or impugned.
7.8 (8) Dissents and Protests: Any member shall have the right to express dissent from or
protest against any ordinance or resolution of the Council and have the reason therefor 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.
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7.9 (9) Voting Required: 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. Loc. GOV'T
CODE (Vernon 2014), 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, shall leave the meeting room, and
shall file an affidavit of recusal. The member having briefly stated the reason for his or her request,
the excuse from voting shall be made without debate.
7.10 (10) Order of Precedence of Motions:
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 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.
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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 (11) Reconsideration: 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 Council member 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 (12) The Previous Question: 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; except that nothing herein shall allow the previous question to be called prior
to a least one opportunity for each member of the Council to speak on the question before 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 (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 motion, the seconding council member 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.
7.14 (14) Appropriations 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 (15) Transfer of Appropriations: 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 department, division, or purpose; but no transfer shall be
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made of revenues or earnings of any non -tax supported public utility to any other purpose.
8. (2- 29(h)) CREATION OF COMMITTEES, BOARDS AND COMMISSIONS
8.1 (1) Council Committees: The Council may, by resolution and as the need arises,
authorize the appointment of Council committees. Any committee so created shall cease to exist
when abolished by resolution of the Council. Council Committees shall comply with the Texas
Open Meetings Act.
8.2 (2) Citizen Boards, Commissions, and Committees: 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 inconsistent with the City Charter or
Code. Creation of such Committees, Boards and Commissions and memberships and selection of
members shall be by Council resolution if not otherwise specified by the City Charter or Code. Any
Committee, Board, or Commission so created shall cease to exist when abolished by a resolution
approved by the Council. No Committee so appointed 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 (3) Appointments:
a. Individual City Council members 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 Council members will consider ethnicity,
gender, socio- economic levels, and other factors to ensure a diverse representation of Denton
citizens.
c. The City Council will take into consideration an individual's qualifications, willingness to
serve, and application information in selecting nominations for membership to each board and
commission.
d. In an effort to ensure maximum citizen participation, City Council members will
continue the general practice of nominating new citizens to replace board members who have served
three consecutive terms on the same board per the provisions of Denton Code of Ordinances, Sec. 2-
65.
e. Each City Council member will be responsible for making nominations for board and
commission places assigned to him or her, which shall correspond to the City Council member's
place. Individual City Council members will make nominations to the full City Council for the
governing body's approval or disapproval.
8.4 (4) Rules of Procedure: Board, Commission and Committee members shall comply
with the provisions of Article H of Chapter 2 of the Code of Ordinances. Each Board, Commission
and Committee member shall be provided a copy of these rules of procedure and a copy of the City
of Denton Handbook for Boards, Commissions and Committees, which shall govern operational
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procedures of such Boards, Commissions and Committees.
9. (2 -29 (i)) VOTES REQUIRED
Questions on which the voting requirement is varied by the Charter, State Statutes and these
rules are listed below:
9.1 (1) Charter and State Statutory Requirements:
a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter amendments
must be adopted by a two - thirds vote of the Council. (TEX. CONST. art. XI, §3 and Chapter 9, TEx.
Loc. Gov'T CODE (Vernon 2014.) For a seven member Council, this means five members must
vote affirmatively.
b. Levying Taxes - Five Votes: Ordinances providing for the assessment and collection of
certain taxes require the approval of two - thirds of the members of the Council (TEx. Tax CODE
§302.101 (Vernon 2014)).
c. Changing Paving Assessment Plans - Five Votes: Changes in plans for paving
assessment require a two- thirds vote of the Council (TEx. TRANSP. CODE §313.053(e) (Vernon
2014)).
d. Changes 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; further, three - fourths (3/4) of all the members of the City Council is required to override
the decision of the Planning and Zoning Commission that a zoning change be denied (TEX. Loc.
Gov'T CODE § 211.066 Tex. (Vernon 2014) and Section 35.3.4.C.(4) Denton City Code
(Development Code)). Three- fourths (3/4) of all the members of the City Council is six (6) votes.
e. Amendment of Tax Abatement 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 (TEx. Tax CODE §312.002(c) (Vernon 2014)).
10. (2 -290)) SEVERABILITY CLAUSE
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.
SECTION 2. That Ordinance No. 2011 -038 is repealed.
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SECTION 3. That this Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 12014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
CHRIS WATTS, MAYOR
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ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 2011 -038 AND QRr)l "NGF- `
24W-34 ' ° T� T' ° T "�'?°TT'?�°T'"ENACTINQ A NEW SECTION 2 -29 OF THE CITY OF DENTON
CODE OF ORDINANCES RELATING TO RULES OF PROCEDURE FOR THE CITY
COUNCIL OF THE CITY OF DENTON; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton desires to conduct the City Council
meetings of the City of Denton in the most efficient and time effective manner; and
WHEREAS, the City Council also desires to allow open dialogue by citizens of the
community regarding the business of city government; and —
WHEREAS fe ¢ _ , � the City Council
desires to streamline the City Council meetings, n
-and facilitate citizen's access to make comments to their local governing body;
PF
�� � NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Section 2 -29 of the City Code, known as the Denton City Council Rules
of Procedure, is hereby amew4edenacted to read as follows:
1._ (2- 29(a)) AUTHORITY
1.1(1) Chart er: Pursuant to the provisions of Section 2.07 of the Charter of the City of
Denton, 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.-(2-29(b)) GENERAL RULES
2.1 (1) Meetings to be Public: 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' Co l)I (Vernon 2014), as amended, shall be open to the public.
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2.2 (2) Quo rum: Four members of the Council shall constitute a quorum for the transaction
of business. (Charter, Section 2.06)
2.3 (3) Compelling Attendance: No member shall be excused from attendance at a Council
meeting except for good and valid reasons. It will be the duty of the Council member to notify the
City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will
record each Council member as being present or absent as a part of the minutes prepared for each
Council meeting.
2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent
with any Ethics Policy adopted by the Council.
2.5 (5) Minutes of Meetings: 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 and shall be approved by the Mayor for all closed meetings for
which a certified agenda is required to be kept in accordance with Q P
tl�e Texas Open Meetin�ct.
2.6 (6) Questions to Contain One Subject: 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 Council member. If two or more points are involved, any
member may require a division, if the question reasonably admits of a division.
2.7 (7) Right e4to 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 (8) City 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 (9) City Attorney: 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 (10) City Secretary: 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 (11) Officers and Employees: Any officer or employee of the City, when requested by
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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 (12) Rules 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 r
shall govern.
2.13 (13) Suspension of Rules: Any provision of these rules not governed by the City
Charter or other City Code provisions 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 (14) Amendment of Rules: 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.-(2-29(c)) CODE OF CONDUCT
3.1 (1) Council members:
a. During Council meetings, Council members 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 Council member, 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 Council member is called to order while he or she is speaking, he or she shall cease
speaking immediately 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 (2) Administrative Staff:
a. Members of the Administrative staff and employees of the City shall observe the same
rules of 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
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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.
3.3 (3) Citizens:
a. 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.
b. 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.
c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles,
yells, and similar demonstrations shall not be permitted.
d. 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.
e. 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.
f Only City Council members and City staff may step onto the dais.
g. All people wishing to address the City Council shall first be recognized by the
presiding officer and shall limit their remarks to the matter under discussion.
h. 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.
i. 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.
j. 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.
k. 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
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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 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 r &n 44,e
eP,n+efft, �. 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.
1. 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.
m. 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 -at -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 (4) Enforcement: The City Manager, in the absence of a designated law enforcement
officer, shall act as Sergeant _at _Arms for the � Acouncil, and shall furnish whatever assistance
is needed to enforce the rules of decorum herein established.
3.5 (5) Seating Arrangement: The City Secretary, City Manager and City Attorney shall
occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or
more members of the Council may exchange seats.
4.-(2-29(d)) TYPES OF MEETINGS
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4.4 (5) Emergency In Meetings: InMeetings: 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
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two hours before the meeting is convened.
4.5 (4E) Closed Meetings: The Council may meet in a closed meeting pursuant to the
requirements of the Texas Open Meetings Act
24094_,as_�a,�
4.6 (, 7) Recessed Meetings: 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 re . ' °�¢p� business day.
4.7 (:�8) Notice of Meetings: 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
5._ (2- 29(e)) PRESIDING OFFICER AND DUTIES
5.1 (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 the
Mayor; and the Mayor Pro -Tem, the Council shall elect a temporary presiding officer. (Charter,
Section 2.03)).
5.2 (2) Call to 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. In the 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 (3) Preservation of 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 (4) Points of 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 sustained2 7 If a majority of the members present
vote "No"" �" the ruling of the chair is overruled; otherwise, it is sustained.
5.5 (5) Questions to be Stated: 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 (6) Substitution for 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 (7) Call for Recess: 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.
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6. 2 -29 (f)(4)(5) ORDER OF BUSINESS
6.1 (1) 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, the Mayor Pro Tem, 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 -S, ° °�ordinance; provided that if a Council
member has an "emergency" item that the Council member believes should be placed on the next
regular or special meeting agenda, the placement must be approved by two members of the Agenda
Committee or at the direction of a majority of the Council. Conduct of business at special meetings
likewise be governed by an agenda and these
Rules of Procedure.
6.2 (2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the
"Pledge of Allegiance" at the regularly scheduled city council meetings. This 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 Section 3 100. 101 of the TEx. GOV'T
CODE.
6.3 (3) Presentations by Members of Council or City Manager: The agenda shall provide a
time when the Mayor or any Council member may bring before the Council any business that he or
she feels should be deliberated upon by the Council at a future Council meeting. These matters
need not be specifically listed 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 requires 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. The
City Council may receive from the City Manager or City staff or a member of the City Council
reports about items of community interest including expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; 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; a reminder about an upcoming event organized or sponsored by the
governing body; 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 municipality; and
announcements involving an imminent threat to the public health and safety of people in the
municipality that has arisen after the posting of the agenda so long as authorized by the Texas Open
Meetings Act
6.4 (4) Presentations from Members of the Public:
a. Reports from Members of the Public:
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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. Such reports shall be heard either at
the beginning of the regular meeting of the City Council, or later on the council's agenda at a place
determined by the Agenda Committee in light of the length of the agenda and the anticipation of
time needed for the agenda items under consideration. Placement of citizen reports at the beginning
of the agenda shall be determined by a rule of rotation as follows: Every member of the public will
be given an opportunity for placement of their report at the beginning of the regular city council
meeting once every six (6) months; should a citizen desire to present reports more frequently than
once every 6 months, such reports will be heard by the council at the time determined by the
Agenda Committee after the calling of an agenda item posted for such purpose; and speakers will be
assigned to the first part of the meeting on a first come, first served basis with a limit of three (3)
speakers assigned to this early forum. It is the intent of the rule of rotation to better manage the
time of the City Council members, the city staff, and to fashion some more available and convenient
time for all members of the public to address the City Council on a non - discriminatory and rotating
basis.
No person may fill out a "request to speak" form in order to
speak or comment on another person's report, which is given at the same Council meeting. An
announcement may be made, prior to the time for reports from members of the public on the
agenda, summarizing the main portions of the Rules and subsection (c), "Code of Conduct" as they
may apply to members of the public speaking to the Council. Any speaker Providing; a report shall
sneak for no loner than four (4) minutes on all items that lie or sloe may brim before tl�e Council at
eacli meeting.
J
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2) n Of the City Council
meson r any citizen or Interested person may comment on an item posted on the
enda for final action. Tl7e N[ayor wall call upon tl7e person to spe�lc._ S ep leers
will be allowed three (� minutes per speal�er as to anpartic ular agenda Item being
considered by the City Council.
lrearing items sliall be allowed to speak for no longer tlran five (� minutes.
d7e. Groups or Qyganizations: Any group or organization comprised of ten-(LO) or more
members present in the City Council Chambers who wishes to address the Council at a public
hearing or on a non -public hearing agenda item shall designate a representative to address the City
Council and shall limit their remarks to ten (10) minutes or less. The group or organization shall
turn in a written designation to the City Secretary prior to the commencement of the meeting
identifying the representative who will address the City Council on behalf of the group or
organization.
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. Audio /Visual Aids: Any citizen desiring to use audio /visual aids durin�Lpresentations to
Council shall submit such resentation to tl�e Cit Secretar 241�ours rior to tl�e meetin r where tl�e
presentation will Occur.
6.6 (5) Presentation of Proclamations: 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. (2- 29(g)) CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 (1) Printed or Typewritten Form: All ordinances and resolutions shall be presented to
the Council in printed, typewritten or electronic form. The Council may, by proper motion, amend
any ordinance or resolution presented to it at the meeting at which it is presented or direct that
the amended ordinance be placed on the next or any future Council Agenda for adoption.
7.2 (2) City Attorney to 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 (3) Distribution of Ordinances and Resolutions: 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 (4) Recording of Votes: 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 (5) Majority Vote Required: 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, by the laws of the State of Texas, or these Rules. (Charter, Section 2.06).
7.5.1(a) Tie -Vote: 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.
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7.6 (6) Demand for Roll Call: Upon demand of any member, the roll shall be called for
yeas and nays upon any question before the Council, with the exception of those circumstances set
forth in Section 7.12, The Previous Question. It shall not be in order for members to explain their
vote during the roll call.
7.7 (7) Personal 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
assailed, questioned, or impugned.
7.8 (8) Dissents and Protests: Any member shall have the right to express dissent from or
protest against any ordinance or resolution of the Council and have the reason therefor
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 (9) Voting Required: 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, - �-'
GOVT GOD NN TEx. Loci. GOV' -I' Co lm', (Vernon 2014), 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 ° , shall leave the meeting room and shall file an affidavit of recusal. The member
having briefly stated the reason for his or her request, the excuse from voting shall be made without
debate.
7.10 (10) Order of Precedence of Motions:
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;
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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 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 (11) Reconsideration: 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 Council member 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 (12) The Previous Question: 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; except that nothing herein shall allow the previous question to be called prior
to a least one opportunity for each member of the Council to speak on the question before 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 (13) Withdrawal of Motions: A motion may be withdrawn, or modified, by its movant
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without asking permission until the motion has been stated by the Presiding Officer. If the movant
modifies his or her motion, the seconding council member 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.
7.14 (14) Appropriations 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 (15) Transfer of Appropriations: 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 department, division, or purpose; but no transfer shall be
made of revenues or earnings of any non -tax supported public utility to any other purpose.
8. (2- 29(h))- CREATION OF COMMITTEES, BOARDS AND COMMISSIONS
8.1 (1) Council Committees: The Council may, by resolution and as the need arises,
authorize the appointment of Council committees. Any committee so created shall cease to exist
when abolished by resolution of the Council. Council Committees sllall comply with the Texas
Open Meetings Act.
8.2 (2) Citizen Boards, Commissions, and Committees: 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 inconsistent with the City Charter or
Code. Creation of such Committees, Boards and Commissions and memberships and selection of
members shall be by Council resolution if not otherwise specified by the City Charter or Code. Any
Committee, Board, or Commission so created shall cease to exist when abolished by a resolution
approved by the Council. No Committee so appointed 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 (3) Appointments:
a. Individual City Council members 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 Council members will consider ethnicity,
gender, socio- economic levels, and other factors to ensure a diverse representation of Denton
citizens.
c. The City Council will take into consideration an individual's qualifications, willingness to
serve, and application information in selecting nominations for membership to each board and
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commission.
d. In an effort to ensure maximum citizen participation, City Council members will
continue the general practice of nominating new citizens to replace board members who have served
three consecutive terms on the same board per the provisions of Denton Code of Ordinances, Sec. 2-
65.
e. Each City Council member will be responsible for making nominations for board and
commission places assigned to him or her, which shall correspond to the City Council member's
place. Individual City Council members will make nominations to the full City Council for the
governing body's approval or disapproval.
8.4 (4) Rules of Procedure: Board, Commission and Committee members shall comply
with the provisions of Article 4141f of Chapter 2 of the Code of Ordinances. Each Board,
Commission and Committee member shall be provided a copy of these rules of procedure and a
copy of the City of Denton Handbook for Boards, Commissions and Committees, which shall
govern operational procedures of such Boards, Commissions and Committees.
9. (2 -29 (i)) VOTES REQUIRED
Questions on which the voting requirement is varied by the Charter, State Statutes and these
rules are listed below:
9.1 (1) Charter and State Statutory Requirements:
a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter amendments
must be adopted by a two- thirds vote of the Council. ( TEx. CONST. art. XI, -, 3 s
Ge*s bVd4e,, and Chapter 9, T°° �' ^ °' ��TEx. Loc. Gov'T CODE (Vefff W 2049Vernon
2014.) For a seven member Council, this means five members must vote affirmatively.
b. Leaving Taxes - Five Votes: Ordinances providing for the assessment and collection of
certain taxes require the approval of two- thirds of the members of the Council ( -See4e 4�
T1 x. TAx CODE*(`e §00�]Vernon 0
c. Changing Paving Assessment Plans - Five Votes: Changes in plans for paving
assessment require a two- thirds vote of the Council ( TEx. TIRANSl:. CODE �313.053(e)
d. Changes 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; f�rtl�er, three- fourths (3/4) of all tl�e members of the City Council is required
to override the decision of the Planning and Zoning Commission that a zoning change be denied
(S� �TEx. Loc. Gov'T CODE 211.066 Tex. (Vernon 2014) and Section 35.3.4.C.(4)
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Denton City Code (Development Code}��. Three- fourths (3/4) of all the members of the City
Council is six (6) votes.
e. Amendment of Tax Abatement 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 (mac �T1 x. Tax CODE ;rg=s---� 7 . §312.002(c)
(Vernon 2014
10. (2 -290)) SEVERABILITY CLAUSE
f 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.
SECTION 2. That Ordinance -038 is
repealed.
SECTION 3. That this Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of
24142014.
MAYOR
I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
M A R4r rxT �T Try 'C HRN WATTS,
PAGE 16
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