HomeMy WebLinkAboutFebruary 10, 2015 AgendaCit of Denton City Hall
y 215 E. McKinney St.
Denton, Texas 76201
�lim�m�uo��ll@I�I� www.cityofdenton.com
���������`����� Meeting Agenda
City Council
Tuesday, February 10, 2015 2:00 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, February 10, 2015 at 2:00 p.m. in the Council Wark 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 priar 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. SI15-0003 Receive a report; hold a discussion and give staff direction on the development
review process and recommended solutions to improve the process, including the
implementation of quarterly reports.
Attachments: Exhibit 1 DRC Orqanizational Chart
Exhibit 2 Development Review Monthly Status Matrix
Exhibit 3 Buildinq Permit Monthly Status Matrix
Exhibit 4 Development Review Comparison
Exhibit 5 Plan Review Timeframe Comparison
Exhibit 6 Planninq and Development Process Overview Power Point
B. ID 15-144 Hold a discussion and provide staff direction with regard to possible alnendments to
the City Council Rules of Procedure.
Attachments: Exhibit 1 Proposed Ordinance
Exhibit 2 PowerPoint Presentation
C. Under Section 55 L042 of the Texas Open Meetings Act, respond to inquiries from
the City Council ar the public with specific factual information or recitation of
City ofDenton Page 1 Printed on 2/Sf2015
City Council
Meeting Agenda February 10, 2015
policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting AND Under Section 55 L0415 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; 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.
Following the completion of the 2nd Tuesday 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
A. ID 15-145 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 the current Gas Well Ordinance, and proposed Gas Well
Ordinance amendment, 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; current and
proposed extension to, moratorium on drilling and production; other concerns about
municipal regulatory authority or matters relating to enforcement of the Gas Well
Ordinance, both current and proposed; 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 ordinance 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.
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2015 at o'clock (a.m.) (p.m.)
CITY SECRETARY
City ofDenton Page 2 Printed on 2/Sf2015
City Council
Meeting Agenda February 10, 2015
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABII,ITIES 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 2/Sf2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���'u'� I�ui�im�lll��l� www.cityofdenton.com
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Legislation Text
File #: S115-0003, Version: 1
Agenda Information Sheet
DEPARTMENT: Planning & Development
CM/ ACM:
Date:
John Cabrales, Jr.
February 10, 2015
SUBJECT
Receive a report; hold a discussion and give staff direction on the development review process and
recommended solutions to improve the process, including the implementation of quarterly reports.
BACKGROUND
During the 2014 City Council Retreat, Council Members identified growth and development and the City's
permitting and inspections process as a high priority for City staff to evaluate, improve, and continually
monitor for overall efficiency. Improvement in these areas would play an integral part in the creation of a
competitive advantage in the attraction, retention, and growth of business and development to the City and
increase the tax base.
Over time, staff has met with and heard from members of the development and business community that have
expressed their frustration with the timeliness of the development process and their difficulty in obtaining
building permits and Certificates of Occupancy. Staff has researched these issues and numerous complaints
relating to these processes, analyzed the data and performed a comprehensive review of the development
process and the permitting and inspections warkflow process to: (1) Determine warkflow efficiencies and
inefficiencies; (2) Improve operating interfaces; (3) Define the critical path necessary to facilitate development.
As a result of this review and analysis, staff has uncovered several key findings that will be presented and
several solutions to the findings that have been initiated or are in the process of being initiated. Staff is also
prepared to present the membership of the Development Review Committee (DRC) (Exhibit 1), the purpose
and goal of the DRC process, and the warkflow of several development processes and building permit and
inspections process to illustrate the steps necessary for completion.
To continually monitor the overall efficiency of the development process and building permit and inspections
process, staff has created a development review matrix (Exhibit 2) and a building permit status matrix (Exhibit
3) that chronicles: the application submission date; the number of days under review by the City for each
submission; the number of days held by the applicant; and when the application was completed. The matrix
also identif'ies when staff was late with their comments and the total number of days under review by the City
and applicant for the entire process.
While analyzing data from the development process, staff reached out to:
City of Denton Page 1 of 2 Printed on 2/5/2015
I� rw<�;i���i Iry I c��r:}i=;l„r�nw
File #: S115-0003, Version: 1
• Frisco, Texas
• McKinney, Texas
• Lewisville, Texas
• Plano, Texas
• Arlington, Texas
to ascertain specific information relating to review timeframes, the number of reviews provided for the initial
application fee, and any current expedited review procedures, (Exhibit 4) to create a benchmark . Staff also
contacted the City of Arlington to obtain a copy of their recently completed survey on commercial and
residential plan review timeframe for several cities (Exhibit 5).
Following this presentation and the direction given by Council, staff will begin implementation of the proposed
recommendations.
OPTIONS
l. Direct staff to proceed with the proposed recommended solutions
2. Direct staff to proceed with other recommended solutions
3. Direct staff to proceed with any combination of staff proposed and/or Council recommended solutions.
RECOMMENDATION
Staff recommends that the City Council direct staff to proceed with the proposed recommendations and any
additional recommendation(s) Council determines necessary to facilitate the building permit and inspections
process and improve the efficiency of the development process.
EXHIBITS
l. Development Review Committee Organizational Chart
2. Development Review Monthly Status Matrix
3. Building Permit Review Monthly Status MatriY
4. Development Review Comparison
5. Plan Review Timeframe Comparison
6. Planning and Development Process Overview PowerPoint
Respectfully prepared and submitted by:
Brian Lockley, AICP, CPM
Director of Planning and Development
City of Denton Page 2 of 2 Printed on 2/5/2015
I� rw<�;i���i Iry I c��r:}i=;l„r�nw
Ron Menguita, AICP
DRC Administrator
DRC Primary Reviewers
❑ DRC Engineering
❑ Planning
❑ Fire Department
❑ DME
❑ Building Inspections
❑ Gas Well Inspections
DRC Secondary Reviewers
❑ Airport
❑ Denton County
❑ City Attorney's Office
❑ Watershed Protection
❑ Economic Development
❑ Parks & Recreation
❑ Real Estate
❑ Police
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Development Review Comparison
Denton Frisco McKinney Lewisville Plano Arlington
Q1. Do you accept
electronic YES NO YES YES NO YES
submission? (If No,
skip Q2.)
Q2. What
percentage of
development 100% 100% Online 20% Counter 60% Counter
applications are Online N/A 80% N/A 40%
received over the Online Online
counter vs. online
submittal?
Q3. Once received,
how long (days) does
it take to distribute 1 Day 1.5 Days 1-2 Days 1-2 Days 1.5 Days 1 Day
development
applications?
Q4. How many
business days does * * * * *
the City allow for the 10 Days 10 Days 3Days 15 Days 11 Days 10 Days
15t Review?
*Frisco's Response: 5 Days Staff Review/Comments Sent + 5 Days Applicant's Corrections = 10 Day 15t Review
*McKinnev's Response: Development Review Committee meets to discuss cases submitted. Ex: Submittal Date 01/12/15 — DRC meets 01/14/15 —
Initial Staff Comments sent out to the applicant 1/20/15 —Staff Comments due back from applicant 1/26/15
*Lewisville's Response: 15 Days to deem complete and send staff comments for 15t Review
*Plano's Response: 6 Days Staff Review/Comments Sent + 5 Days Applicant's Corrections = 11 Day 15t Review
*Arlin�ton's Response: 5 Days Staff Review/Comments Sent + 5 Days Applicant's Corrections = 10 Day 15t Review
Q5. How many
business days does 10 Days 5 Days o* 15 3Days* 10 Days* 3 Days* 5 Days*
the City allow of each Days
subsequent review?
Frisco's Response: 2 Days Staff Review/Comments Sent + 3 Days Applicant's Corrections = 5 Days for 2" Review to stay on the 1St anticipated P&Z
Date. Otherwise held until next 2nd Review (for subsequent 3`d & 4th Reviews) before placing on P&Z Agenda.
*McKinnev's Response: 3 Days Staff Reviews submittal revisions and Comments due to applicant on that 3�d day. The same with the 2"d, 3�a, and
etc. submittal revisions.
*Lewisville's Response: No specific return date for 2"d Review. Applicant has 10 days to complete and send 2°d review for staff to finalize for P&Z
*Plano's Response: 1 Day Staff Review/Comments Sent + 2 Day Applicant's Corrections = 3 Days for 2"d Review to stay on the 1St anticipated P&Z
Date. Otherwise held until next 2nd Review
*Arlin�ton's Response: 2 Days Staff Review/Comments Sent + 3 Days Applicant's Corrections = 5 Days for 2"d Review to stay on the 1St anticipated
P&Z Date. Otherwise held until next 2nd Review
Q6. How many Undetermined
reviews are provided 4+ Reviews 4+ Reviews ' 4+ Reviews
2 Reviews ' ' 1 Review normally 2 '
with the initial Unlimited Unlimited Unlimited
application fee? Reviews
Q7. Are additional 2�d_4ch
fees required for Reviews
reviews beyond the apply
2"a Review? YES NO NO minima) NO NO
Return Fee.
5t" + Review
apply %2 of
initial app fee
Q8. Do you have an
expedited review NO NO NO Yes — if YES NO
criteria is met
process?
Plan Review Timeframe Comparison
Average # of Business Days for Residential Plan Review
Frisco
Irving
McKinney
Richardson
Grand Prairie
Denton
# of Plan Reviews per Reviewer
Frisco
Irving
McKinney
Denton
Averaae # of Business Davs for Commercial Plan Review
Irving
McKinney
Grand Prairie
Denton
Inspections Per Insp
Frisco - Total # of Inspections per Inspe
Irving - Total # of Inspections per Inspec
Denton - Total # of Inspections per In
No Response or unable to provide response:
Garland
Grapevine
North Richland Hills
Keller
Mesquite
.tor
�r (Res & Comm.
r (Res & Comm.)
�ector (Res &
FY 13-14
24 to 58
2.6
8 to 13
3to5
4
5to7
15
37
68
50
FY 13-14
6
9 to 11
10.0
10.2
FY 13-14
475
306
474
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���'u'� I�ui�im�lll��l� www.cityofdenton.com
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File #: ID 15-144, Version: 1
DEPARTMENT:
CM/ ACM:
Date:
Legal
Anita Burgess
February 10, 2015
Legislation Text
Agenda Information Sheet
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 allocated for citizen speakers. The Rules have been re
-ordered but no changes have been made on the time allocation as no consensus has been reached.
PRIOR ACTION/REVIEW:
City Council last reviewed these Rules in 2011 when revisions were made with regard to the citizen comment
period.
Respectfully submitted,
Anita Burgess
City Attorney
Exhibits:
l. Proposed Ordinance
2. PowerPoint Presentation
City of Denton Page 1 of 1 Printed on 2/5/2015
I� rw<�;i���i Iry I c��r:}i=;l„r�nw
S:�L,egal\Our pocuments\Ordinances\15\CC Rules of Procedures 2015.doc
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 L That Section 2-29 of the City Code, known as the Denton City Council Rules
of Procedure, is hereby enacted to read as follows:
l. (2-z9�a)) aVTxoluTy
11(1) Charter: 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
21 (1) Meetin�s 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 Co�E (Vernon 2014), as amended, shall be open to the
public.
22 (2) uorum: Four members of the Council shall constitute a quorum for the transaction
of business. (Charter, Section 2.06)
23 (3) Com�ellin� 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.
S:�L,egal\Our pocuments\Ordinances\15\CC Rules of Procedures 2015.doc
2.4 (4) Misconduct: The Council may punish its own members far misconduct consistent
with any Ethics Policy adopted by the Council.
2.5 (5) Minutes of Meetin�s: 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 Subj ect: All questions submitted for a vote shall contain
one subj ect, except the City Council may approve all items which are on the consent agenda in one
motion, regardless of how many subj ects are contained in the consent agenda, so long as all items
ha�e been properly posted in accordance with the Texas Open Meetings Act and ha�e not been
removed from the consent agenda by a Council member. If two ar more points are involved, any
member may require a division, if the question reasonably admits of a division.
2.7 (7) Ri�ht 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) Citv 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))�
29 (9) Citv Attorney. The City Attorney, or Acting City Attorney, shall be a�ailable 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) Citv Secretarv: 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 Em�lovees: 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) Sus�ension 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��)) co�E oF coN�UCT
31 (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.
32 (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 ha�e 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 ha�ing 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.
£ 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 inember 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.
L 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) Seatin_� Arran_e� 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.
3.61 (6) Videoconferencing:
a. Procedures for meeting by videoconference if a quorum will be in one physical
location. The council meeting notice shall specify where the quorum of the governmental body will
be physically present, and the intent to have a quorum present at that location. The video and audio
feed of a remote councilmember or employee shall be broadcast live at the meeting. Each portion of
the meeting held by videoconference call that is required to be open to the public shall be visible and
audible to the public at the location where the quorum is present. The location at which the quorum
is present, and each remote location from which a member of the governmental body participates,
shall have two-way audio and video communication with each other location during the entire
meeting. Each participant's face in the videoconference call, while speaking, shall be clearly visible
and audible to each other participant and, during the open portion of the meeting, to the members of
the public in attendance at the location where a quorum is present, and at any other location of the
meeting that is open to the public. The audio and video signals perceptible by members of the public
at each location of the meeting shall meet or exceed minimum standards established by Texas
Department of Information Resources (DIR) rules. The audio and video signals perceptible by
members of the public at the location where the quorum is present and, any other location open to the
public, shall be of sufficient quality so that members of the public at each location can observe the
demeanor and hear the voice of each participant in the open portion of the meeting. If a problem
occurs that causes a meeting to no longer be visible and audible to the public at the location where a
quorum is present, the meeting shall be recessed until the problem is resolved, and if the problem is
not resolved in six hours or less, the meeting shall be adjourned. The City shall make at least an
audio recording of the meeting, and the recording shall be made available to the public.
b. Procedures for meeting by videoconference if a quorum will not be in one physical
location. The City shall make available to the public at least one suitable physical space in the City
that is equipped with videoconference equipment that provides an audio and video display, as well as
a camera and microphone, by which a member of the public can provide testimony or otherwise
participate in the meeting. The member of the governmental body presiding over the meeting shall be
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present at this site, and the location must be open to the public. The meeting notice shall specify the
physical space provided, and shall also specify the intent to have the presiding officer present at the
location. Any member of the public present at this location shall be provided the opportunity to
participate in the meeting by means of a videoconference call in the same manner as a person who is
physically present at a meeting of the governmental body that is not conducted by videoconference.
Each portion of the meeting held by videoconference call that is required to be open to the public
shall be visible and audible to the public. The video and audio feed of a remote councilmember or
employee shall be broadcast live at the meeting. The site provided in the City and each remote
location from which a member participates, shall have two-way audio and video communication with
each member who is participating by videoconference during the entire meeting. Each participant's
face in the videoconference, while speaking, must be clearly visible and audible to each other
participant and, during the open portion of the meeting, to the members of the public in attendance at
the meeting location in the City, and at any other location of the meeting that may be open to the
public. The audio and video signals perceptible by members of the public at each location of the
meeting shall meet or exceed minimum standards established by DIR rules. The audio and video
signals perceptible by members of the public at each location of the meeting that is open to the
public, and each remote location, must be of sufficient quality so that members of the public at each
location can observe the demeanor and hear the voice of each participant in the open portion of the
meeting. If a problem occurs that causes the meeting to no longer be visible and audible to the public
at the meeting site in the City, the meeting must be recessed until the problem is resolved, and if the
problem is not resolved in six hours or less, the meeting shall be adjourned. The City shall make at
least an audio recording of the meeting, and the recording shall be made available to the public.
4. (2-29(d)) TYPES OF MEETINGS
41 (1) Re�ular 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.
42 (2) Special Meetin�s: 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.
43 (3) Warksho� Meetin�s: Warkshop meetings (also referred to as "wark 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. Warkshops or wark sessions may be called using the same procedure
required for special meetings as provided for in Section 42(2) above. The purpose of the warkshop
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
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meetings are informational and normally no final action shall be taken unless the posted agenda
indicates otherwise.
4.4(4) Luncheon Meetin�s: Luncheon warkshop or wark 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 42(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) Emer_�enc,v Meetin�s: 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 Meetin�s: The Council may meet in a closed meeting pursuant to the
requirements of the Texas Open Meetings Act.
4.6 (7) Recessed Meetin�s: 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 Meetin�s: 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
51 (1) Presidin� 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).
52 (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.
53 (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
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the right of any member to appeal to the Council. If any appeal is taken, the question shall be,
"Shall the decision of the presiding officer be sustained?" If a majority of the members present vote
"No," the ruling of the chair is overruled; otherwise, it is sustained.
5.5 (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 Presidin� 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 (�(4)(5) ORDER OF BUSINESS
61 (1) A�enda: 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.
62 (2) Pled�e of Alle�iance: 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 3100.101 of the TEx Gov'T
CoDE.
63 (3) Presentations bv Members of Council or Citv Mana�er. 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 wark session. The City Manager or City staff shall only respond preliminarily on this item
at the wark 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
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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: Any person who wishes to place a subject on the
Council agenda at regular City Council meetings shall ad�ise 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 deternlined 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 siY (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. Wark Session or Warkshop Items: As it concerns the warkshop 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 wark 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 ad�ised of the
nature of the wark 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 wark session.
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c. Speakin� on Consent and Re _�ular A�enda 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
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 A�enda 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 warkshop or wark
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�ular A�enda 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 Hearin�s: 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 Or�anizations: Any group or organization comprised of ten (10) ar 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. Discretionarv Time: At the discretion of the presiding officer or a maj ority of the City
Council, any speaker may be granted an extension of time to speak.
g. Audio/Visual 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.
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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 ad�ertising purpose.
7. (2-29(g)) CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
71 (1) Printed ar Ty�ewritten 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.
72 (2) Citv Attornev to A�rove: 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).
73 (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) Recordin� 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) Majoritv 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).
7.51(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 far members to explain their
vote during the roll call.
7.7 (7) Personal Privile�e: 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, ar motives are
assailed, questioned, ar impugned.
7.8 (8) Dissents and Protests: Any member shall ha�e the right to express dissent from or
protest against any ordinance or resolution of the Council and ha�e the reason therefor entered upon
the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later
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than the next regular meeting following the date of passage of the ordinance or resolution objected
to.
79 (9) Votin� 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
Co�E (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 ha�ing 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 ha�e priority in the order indicated:
1. Adj ourn (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;
1 l. 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 adj ourn is not in order:
1. When repeated without intervening business or discussion;
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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 fmal 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 siY (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, ar 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 nar 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 fmally acting on such an appropriation, the
Council shall obtain a report from the City Manager as to the a�ailability of funds and his or her
recommendations as to the desirability of the appropriation.
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7.15 (15) Transfer of A�ro�riations: 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
81 (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.
82 (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 ha�e powers other than advisory to the
Council or to the City Manager, except as otherwise specified by the Charter or Code.
83 (3) Appointments:
a. Individual City Council members making nominations far 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 far membership to each board and
commission.
d. In an effort to ensure maYimum 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 far 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
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with the provisions of Article II 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 ���� voTES �QVi��
Questions on which the voting requirement is varied by the Charter, State Statutes and these
rules are listed below:
91 (1) Charter and State Statutorv 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. Lewin� 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 T� Co�E
§302.101 (Vernon 2014)).
c. Chan_gin� Pa�in� Assessment Plans - Five Votes: Changes in plans for paving
assessment require a two-thirds vote of the Council (TEx T�vsp. Co�E §313.053(e) (Vernon
2014)).
d. Chan�es in Zonin� Ordinance or Zonin� 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
adj oining 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 353.4.C.(4) Denton City Code
(Development Code)). Three-fourths (3/4) of all the members of the City Council is siY (6) votes.
e. Amendment of TaY Abatement Policv: 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 T� Co�E §312.002(c) (Vernon 2014)).
lo. (2-z9G)) sEVE�iLiTy cLaVSE
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.
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SECTION 2. That Ordinance No. 2011-038 is repealed.
SECTION 3. That this Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:
CHRIS WATTS, MAYOR
PAGE 16
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