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1998-246 NOTE Amended & consolidated by Ordinance No 2001-193 ORDINANCE NO ~f' ~¢~ AN ORDINANCE AMENDING ORDINANCE NOS 94-183 AND 96-085, AS AMENDED, AND SECTION 2-29(d) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY PROVIDING THE OPPORTUNITY FOR CITIZENS TO SPEAK BOTH ON REGULAR AGENDA AND CONSENT AGENDA ITEMS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to amend its rules of order to provide for the opportunity for citizens to speak both on regular agenda and consent agenda items, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS $1~CTION I. That Orchnance Nos 94-183 and 96-085 are hereby amended by amending Section 6,4(b) "Presentations by Citizens" and amending Section 2-29(d) "City Counml Proce- dures Order ofBumness - Presentations by Citizens" of the Code of Ordinances of the City of Denton, Texas to read as follows Sec 6 4(b) Presentations by Citizens Sec 2-29(d) City Council Procedures Order ofBusmess - Presentations by Citizens Speakma on Regular A~enda and Consent Aeenda Items Any person who wishes to ad- dress the Council regarding an ~tem that is on the Council's agenda for a regular or spe- mai meetmg, shall complete a "request to speak" form asking to speak regarding the item and return it to the City Secretary before the Council considers the item The Mayor will call upon the citizen to speak for no longer than three (3) minutes as that particular agenda xtem is considered by the C~ty Council The provmlons of this paragraph do not apply to persons appeanng at a public heanng in response to an official agenda notice or publication The provisions of this paragraph do not apply to workshop meetings, and a mtxzen's right to speak and promde input at those meetings shall be hmxted and controlled by Section 4 3 "Workshop Meetmgs" of this ordinance ~ That save and except as amended hereby, all of the sections, clauses, and phrases of Ordinance Nos 94-183 and 96-057 and Section 2-29 of the Code of Ordinances of the City of Denton shall remann m full force and effect ~ That thru orchnance shall become effective immediately upon its passage and approval PASSED ANDAPPROVEDthlsthe /~ dayof~~e_,1998 (~~~.~' _o .. JAC~t.I~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY ~PR~VEV T AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 AN ORDINANCE AMENDING ORDINANCE NO 94-183 AND SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AND ALL AMENDING ORDINANCES AND REPEALING AND CONSOLIDATING ORDINANCES 76-48, 81-35, 90-026, 90-150, 90-150, 92-115, 93-073, 94- 183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028 AND 2000-420, PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE WHEREAS, the Constitution and Laws of the State of Texas, and Section 2 07 of the C~ty Charter of the City of Denton, Texas, anthonze the City Council of smd City to promulgate and establish rules of procedure to govern and conduct meetings, order ofbus~ness, and decorum, whale acting as a leg~slaUve body represenUng smd C~ty, and WHEREAS, because of ~ts desire to more effectively and efficiently serve the pubhc through the medium of public meetings, it has become necessary to amend and consohdate all amendments of the C~ty Council Rules of Procedure, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS ,qg, CTION 1. That Ordinance Numbers 94-183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028, and 2000-420 and Section 2-29 of the City Code (Rules 6-2-6-7)are hereby amended and consohdated into one Ordinance known as the Denton C~ty Council Rules of Procedure to read as follows ] AI ITglI~RIT~ 1 1 Charter. Pursuant to the prows~ons of Section 2 07 of the Charter of the C~ty of Denton, Texas, the City Council hereby enacts these roles of procedure for all meetings of the C~ty Council of the C~ty of Denton, Texas Dtmng any meeting, a reasonable opportumty shall be g~ven for cmzens to be heard under these roles These Rules of Procedure are enacted as gmdehnes to be followed by all persons ~n the Council Chamber mehadmg the city adm~mstrat~ve staff, news medm, and wsItors 2 I ~ All official meetings of the Council and Council committees and subcommittees, except closed meetings pemutted by the prows~ons of the Texas Open Meelangs Act, Chapter 551, TEX GOV'T CODE ANN (Vemons Annotated Texas C~wl Statutes 1999 (Vernons), as amended, shall be open to the pubhc PAGE 1 2 2 Qonrnrn Four members of the Council shall constitute a quorum for the transaction of business (Charter, Section 2 06) 2 3 F~mnlmlla~~ No member shall be excused from attendance at a Council meeting except for good and valid reasons 2 4 M~qeonduet The Council may punish its own members for misconduct 2 5 ~ An account of all proceechngs of the Council shall be kept by the City Secretary and shall be entered m a book constituting the official record of the Council A certified agenda shall be prepared for all closed meetings and shall be approved by the Mayor tn accordance w~th Chapter 552, TEX GOV'T CODE ANN (Vemons 1999), as mended 2 6 Que~tmn~q tn Cantmn Ch~e ~qnh3eet All questions submitted for a vote shall contmn one subject, except the City Council may approve all items winch are on the consent agenda m one motion, regardless of how many subjects are contmned m 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 Councllmember If two or more points are involved, any member may require a dlwmon, if the question reasonably admits of a dlmslon 2 7 R~ght of Floor Any member desmng to speak shall be recogmzed by the Chmrperson, 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 City Manager The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused He or she may make recommendataons 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 C.~W Attorney The City Attorney, or Acting City Attorney, shall be avmlable upon request for all meetings of the Council unless excused and shall, upon request, give an opunon, either written or oral, on questions of law The City Attorney shall act as the Council's parhamentanan 2 10 Chty ~qeeretary 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 Clffieer.q and Emplnyee~ 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 PAGE 2 2 12 rnle~ of Order These roles govern the proceedings of the Council ~n all cases, except that where these roles are silent, the most recent Edition of Robert's Rules of Order rewsed shall govern 2 13 ~ Any prowslon of these roles not governed by the C~ty Charter or Code may be temporarily suspended by the affirmative vote of four members of the Council The vote on any such suspension shall be taken by yeas or nays and entered ~nto the m~nutes of the Council 2 14 ~aendmentmf~m~ These roles may be amended, or new mles adopted by the affirmatave vote of four members of the Council, provided that the proposed amendments or new roles shall have been introduced before the C~ty Council at a pnur Council meetang 31 ~ a Dunng Council meetings, Councllmembers shall preserve order and decorum and shall neither by conversation or otherwise delay or ~ntermpt the proceedings nor refuse to observe the roles o£the Council b A Councflmember, once recognized, shall not be ~ntermpted wlule speaking unless called to order by the Mayor or premdlng officer, unless a point of order ~s raised by another member or the parhamentanan, or unless the speaker chooses to y~eld to questions from another member If a Couneflmember is called to order wbale he or she ~s speakang, he or she shall cease speaking lmme(hately until the questmn of order is determined If ruled to be ~n order, he or she shall be permitted to proceed If ruled not to be an order he or she shall remain silent or shall alter bas or her remarks so as to comply w~th roles of the Council 3 2 Adrmm,qtrat~ve ,qtaff a Members of the Adrmmstrat~ve staff and employees of the City shall observe the same roles or procedure and decorum apphcable to members of the Council, and shall have no vome unless and until recogmzed by the Chair b Wfule the presiding officer shall have the authority to preserve decorum ~n meetings as far as staffmembers and C~ty employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under bas or her d~rect~on and control c The C~ty Manager shall take such dismphnary action as may be necessary to ~nsure that such decorum ~s preserved at all times by City employees in Council meetings PAGE 3 d All remarks and quemons addressed to the Council shall be addressed to the Council as a whole and not to any lndavtdual member thereof e No staff member, other than a staff member having the floor, shall enter Into any dlseussaon either d~reetly or indirectly without penmsslon of the presldmg officer 3 3 C~t~zen~ a Citizens and other vmltors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in winch 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 winch the City Council is meeting Exhibits, displays, and v~sual 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 winch the City Council is meeting f Only City Council members and City staffmay step on to the dais g All people wishing to address the City Council shall first be recognized by the presiding officer and shall hmlt 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 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 staffmember to hand out PAGE 4 the matcnals When the t~me has expired for a presentation to the C~ty Council, the presiding officer shall (hrect the person speaking to cease A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker ff that person continues to speak k Eqmpment, apparatus, or paraphernaha such as camera tnpods, easels, or wheelchmrs shall not obstruct, block, or otherwise be located ~n the doorway, entranceway, or walkways of the City Council Chambers or of any other room in whmh the C~ty Councd may choose to meet Representatives of the electromc media may set up cameras and other eqmpment only in the back of the room It ~s permissible for telews~on camera operators to film for short periods of time (several m~nutes) from the entranceway to the C~ty Councd Chambers using hand- held cameras only Any radio station, whmh broadcasts the regular C~ty Council meetings hve may hook their eqmpment up at the front of the room as long as it remmns out of s~ght and out of the way 1 There will be a umformed City of Denton pohce officer present at all regular meetings of the C~ty Counml Th~s pohce officer shall act ~n the capacity of a security officer/sergeant-at-arms, and shall enforce the meeting roles and act upon the direction of the premdlng officer m Any person making personal, ~mpe~nent, profane, or slanderous remarks, or who becomes boisterous whale addressing the C~ty Council or who otherwise wolates any of the above-mentioned rules whale attending a C~ty Councd meeting shall be removed from the room at the d~mct~on of the presiding officer, and the person shall be barred from further audience before the C~ty Council dunng that session of the Cny Council If the presiding officer falls to act, any member of the City Councd may move to reqmre the offending person's removal, and the affirmative vote of a majority of the City Councd shall reqmre the presiding officer to act The sergeant-at-arms, ~f so directed by the presiding officer or an affirmative vote of the majonty of the City Council, shall remove the offending person from the meeting 34 Fm fnreem e~nt The C~ty Manager, in the absence of a designated law enforcement officer, shall act as Sergeant-at-Anus for the Council, and shall furmsh whatever assistance ~s needed to enforce the rules of decorum here~n estabhshed 35 Rearmg Arrange, m~,nt The City Secretary, City Manager and C~ty Attorney shall occupy the respective seats ~n the Counml Chamber assigned to them by the Mayor, but any two or more membem of the Counml may exchange seats PAGE 5 4- T~P~q OF M~ETINC~q 4 1 Re~m~lsr k~Ieetmg~ The Council shall meet at slx o'clock p m on the first and tlurd Tuesday of each month, w~th executive sessions (closed meetings) of the Counml commencing at five fifteen o'clock p m, or at any other t~me set by thc Council, unless the meeting ss postponed or cancelled for vahd reasons All regular meetings &the Council will be held m the Mumc~pal Bmld~ng at 215 East McI~nney Street, or at such other location as the C~ty Council may, by motion, resolution or ordinance fi.om t~me to t~mc demgnat¢ 4 2 Spac.ml_Maeanga Special meetings may be called by the Mayor, the C~ty Manager, orby any three members of the Council The call for a special meeting shall be filed w~th the C~ty Secretary ~n written form, and he or she shall post notme thereof as promded by the Texas Open Meetings Act, [Chapter 55] TEX GOV'T CODE ANN, (Vemons 1999, as amended) The Mayor, C~ty Manager, or three of the cotmcfl members may designate a location for the special meeting other than the Mumc~pal Bmldmg as long as the location ~s open to the pubhc 4 3 Work.qhop Meetings Workshop meetings or work sessions may be called using the same procedure reqmred for specml meetings (See See 4 2) The purpose of the workshop meeting ~s to d~scuss or explore matters of ~nterest to the C~ty, to meet w~th C~ty Board, Commmmon, or Committee Members, C~ty staff or officers of c~wc orgamzat~ons, govermng bodies or ~nd~wduals specffically ~nmted to the session by the Mayor, Counml or C~ty Manager These meetmgs are ~nformat~onal and normally, no final actton shall be taken unless the posted agenda ~ndmates otherwise C~t~zens or other ~nterested persons attendmg the work session will not be allowed to parampate ~n the session unless ~nwted to do so by the Mayor C~t~zens should be adwsed of the nature of the work session and that their ~nput may be received and considered at a regularly scheduled council meeting where the agenda prowdes for final action to be taken on the matter The purpose of this procedure ~s to allow the mt~zens attending the regular meeting the oppormmty ofheanng the wews of their fellow mt~zens ~n a more formal setting Any mt~zen may supply the C~ty Councd a written statement or report regarding the c~t~zen's op~mon on a matter being d~scussed m a work session If the Mayor ~nwtes c~t~zens to partm~pate ~n a work session, their partm~pat~on will cease at the point the Mayor closes the session to pubhc input to allow the Cotmcd to g~ve City staffd~rect~on as to needed ~nformat~on for the possible future meeting w~thout d~stractmg comment fi.om the audience 4 4 Ema~:gana~&ae. im~ In case of emergency or urgent pubhc necessity, which shall be expressed ~n the not,ce of the meeting, an emergency meeting may be called by the Mayor, the C~ty Manager or by three members of the Council, and ~t shall be sufficient if the notme ~s posted two hours before the meeting is convened 4 5 CIn.qed Meelm£~q The Councd may meet ~n a closed meeting pursuant to the reqmrements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vernons 1999), as amended PAGE 6 4 6 I~eee~ed Meetmga Any meeting of the Councd may be recessed to a later hme, prowded that no recess shall be for a longer period than unhl the next regular meeting 4 7 Nn~ee nfMeetmga The agenda for all meetings, ~ncludmg Cotmcfl Committee or Subcommittee meetings, shall be posted by the C~ty Secretary on the C~ty's official bulletin board and not,ce of all meetings shall be gwen by the C~ty Secretary pursuant to the reqmrements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons 1999, as amended ) 5 PllF,~II~ING OI~I?ICI?,R ANI) i~IITIF.q 5 1 Pre~dmg Officer The Mayor, or m the absence of the Mayor, the Mayor Pro- Tern, shall preside as chmrman, or presiding officer at all meetings of the Council In the absence of both the Mayor and Mayor Pm-Tern, the Councd shall elect a temporary presiding officer (Charter, Sectmn 2 03) 52 Call to Order The meetings of the Council shall be called to order by the Mayor, or m las or her absence, by the Mayor Pro-Tern In the absence of both the Mayor and the Mayor Pro-Tm, the meeting shall be called to order by the C~ty Secretary, and a temporary presiding officer shall be elected as prowded above 5 3 P~as~:vatmr~ The presiding officer shall preserve order and decorum, and confine members m debate to the question under d~scuss~on The presiding officer shall call upon the Sergeant-at-Arms as necessary to enfome comphance w~th the roles contained here~n 5 4 Pmnt.q of Order The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Counml If any appeal ~s taken, the question shall be, "Shall the decm~on of the presiding officer be sustmnedg" If a majority of the members present vote "No", the ruling of the chmr ~s overruled, otherwise, ~t ~s sustmned 5 5 ~ The presiding officer shall state all questions subrmtted 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 resoluUons 5 6 gub.qt~tutmn for Pre~qldlng Officer The presiding officer may call any other member to take las or her place ~n the chmr, such subst~tuUon not to continue beyond adjournment 5 7 Call far Reeen.q The presiding officer may call for a recess of up to fifteen (15) m~nutes at regular intervals of approximately one hour at appropriate points m the meeting agenda, or zf requested by any two members PAGE 7 6 ORDER OF flILqlNER~q (Section 2-29 of the Ctty Code "Ctty Council Procedures, Order of Business") 6 1 (2-29(a)) AEenda The order ofbasmess of each meeting shall be as contmned m the agenda prepared by the C~ty Manager, wtuch shall be rewewed and approved by an Agenda Committee composed of the Mayor, one other member of thc C~ty Council selected by the Council, and the City Manager The agenda shall be a hstmg by top~c of subJects to be considered by the Council When items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed ~tems shall be taken up tn the order of removal right after the consent agenda Placement of ~tems on the agenda shall be governed by flus Sect~un and Sectton 6 3, provided that ifa Councflmember has an "emergency" ~tem that the Councllmember beheves should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee Conduct of bus~ness at special meetings and Council Committees and subcommittees will hkew]se be governed by an agenda and these Rules of Pro- cedure 6 2 (2-29(b)) PledEe cfi Allegmnce Each agenda shall prowde an ~tcm for the recital of thc "Pledge of Allegiance" at the regularly scheduled c~ty cotmcfl meetings Tlus ~tem shall begin wtth the recital of the pledge of allegiance for the Umted States ftag and shall follow w~th a recital of the pledge of allegiance for the Texas state flag ~n accordance wtth article 6139 (b) of Vemons Annotated Texas C~v~l Statutes 6 3 (2-29(c)) Preaentat~nna by Members of Council The agenda shall prowde a time when the Mayor or any Counc~lmember may bnng before the Council any bus~ness that he or she feels should be dehberated upon by the Council These matters need not be spectfically listed on the agenda, but dmcusmon and formal action on such matters shall be deferred untd a subsequent Council meeting Any member may suggest an ~tem for d~scuss~on at a future work session The City Manager or city staff shall only respond prehm~nanly on th~s item at the work session If the C~ty Council beheves the ~tem reqmres a more detmled rewew, the Council will g~ve the C~ty Man- ager or C~ty Staff direction to place the item on a future regular meeting agenda and adwse staff as to the background materials to be desired at such meeting 6 4 (2-29(d)) Presentation hy C~t~er~S a (2~29(d)(0) Ctt~zen Repar~a Any person who w~shes to place a subject on the Council agenda at regular City Council meetings shall advise the C~ty Manager% office of that fact and the specified subject matter which he or she des]res to place on the agenda no later than 5 00 p m Wednesday prior to the Council meeting at which he or she wmhes the designated subject to be considered A t~me for such cmzen reports shall be prowded on the agenda after the pledge of allegiance, approval of the minutes, and the presentation of proclamations Any speaker prowd~ng a c~t~zen report shall speak for no longer than five (5) m~nutes on all ~tems that he or she may bnng before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of t~me No c~t~zen may fill out a "request to speak" form or have an opportumty to PAGE 8 speak or comment on another c~tizen's report which is given at the same Councd meetang b (2-29(d)(u)) ~qpeakmg on Re_radar and Consent Agenda Items Any person who wishes to address the Council regarchng an item that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and return ~t to the City Secretary before the Council considers the item The Mayor will call upon the citizen to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council The prommons oftlus paragraph do not apply to persons appeanng at a public heanng m response to an official agenda notice or pubhcatlon The provisions of tbas paragraph also do not apply to workshop meetangs, and a cmzen's right to speak and provide input at those meetings shall be hmlted and controlled by Section 4 3 "Workshop Meetings" of thts ordinance c (2-29(d)(m)) Any person who w~shes to address the Council at a public heanng shall complete a "request to speak" form and return it to the City Secretary before the applicable heanng The Mayor will call upon the citizen to speak for no longer than five (5) minutes 6 5 (2-29(e)) T~me l,~m~ts Speakers before the Council shall hmlt their remarks to five (5) minutes or less for public heanng ~tems and citizen reports Citizens spealong to a non-pubhc hearing agenda ~tem shall limit their presentations to three (3) minutes or less 6 6 (2-29(f)) Oral Presentatmns hy C~ty Manager Matters requmng the Council's attention or action wbach may have developed after the deadline for delivery of the written commumcatlon to the Council may be presented orally by the C~ty Manager If formal Council action on a subject IS required, such action may be taken only if the provisions of the Texas Open Meetings Act have been satisfied 6 7 (2-29(g)) Presentatmn of Proelamatmns 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 proclamatmns 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 CON~IDI~.RATI~N OF' ORDINANCES: RF,~f)I,IITION~q: AND Mf'}TIC}N~ 7 1 Printed or Typewritten l~orrrl All ordinances and resolutions shall be presented to the Council In pnnted or typewritten form The Council may, by proper motion, amend any ordinance or resolution presented to it and direct that the amended ordinance be placed on the next Council Agenda for adoption 7 2 C~ty Attorney m Apprnve All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legahty by the City Attomey, or he or she shall file a written oplmon on the legality of such ordinance, resolution or contract poor to submission to the Council (Charter, Section 6 02) $ \our Docum*nts\Ordlnan¢~s\Ol\CC~RlJLgSORDO1 d~¢ PAGE 9 7 3 Dmtnhntmn nf Ordmaneen and Rennlutmna The City Manager shall prepare copies of all proposed orchnances and resolutions for dastnbutlon to all members of the Council at the meeting at wbach the ordinance or resolution is introduced, or at such earlier time as is expedaent 7 4 Reenrrhng nf Vnto.~ 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 M~nnty Vnte R~mr~t An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter or by the laws of the State of Texas (Charter, Section 2 06) 7 5 I T,e-Vnte Matters voted on by the City Council wbach end in a tie-vote shall automatically be placed on each subsequent Council meeting agenda until a full Council ~s present 7 6 ~ Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exeeptmn ofthn~e clrcurn~qtance~ ~e.t forth m ~qeetmn 7 12~ The Prewmm Qne~tlon It shall not be in order for members to explmn their vote dunng the roll call 7 7 Pemonal Pnwlege The right of a member to address the Council on a question of personal prtwlege shall be limited to cases in wbach bas or her integrity, character, or motaves are assmled, questioned, or ~mpugned 7 8 ~ Any member shall have the right to express d~ssent from or protest against any orchnance or resolution of the Council and have the reason therefore entered upon the minutes Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to 7 9 Voting Re~/nred No member shall be excused from voting except for lack of information and except on matters lnvolwng the consideration of bas or her own official conduct, or where bas or her personal interests are revolved in accordance with Chapter 171, TEX GOV'T CODE ANN (Vemons 1999, as emended), and in these instances he or she shall abstmn Any member probab~ted from voting by personal interest shall announce tbas at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter and shall leave the meeting room The member havmg briefly stated the reason for his or her request, the excuse,from voting shall be made without debate PAGE 10 7 10 Order of Precedence nfMntmns a The following motions ~hall have pnonty in the order mdlcated 1 Adjourn (when unqualified) and is not debatable and may not be amended, 2 Take a recess (when privileged), 3 Rinse a question ofpmalege, 4 Lay on the table, 5 Previous question (2/3 vote required), 6 Llmlt or extend limits of debate (2/3 vote required), 7 Postpone to a certain time, 8 Commit or refer, 9 Amend, 10 Postpone lndeflmtely, 11 Mam Motion b The first two motions are not always privileged To adjourn shall lose ~ts privilege character and be a roam motion if m any way qualified To take a recess shall be pnwleged only other business is pending c A motmn to adjourn is not ~n order 1 When repeated without mtervemng business or discussion, 2 When made as an interruption of a member wlule speahng, 3 Wlule a vote as being taken d Only certmn motions may be amended as provided m the most current edition of Robert's Rules of Order, revised A motion to amend shall be undebatable when the question to be amended m undebatable 7 11 Recnn~q~dexatmn A motion to reconsider any action of the Council Can be made PAGE 11 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 preve~lmg side It can be seconded by any member In order to comply with the Texas Open Meetings Act, any Councdmember 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 reconslderataon on the Council agenda No question shall be twice reconsidered, except by unammous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof A matter wbach was not timely reconsidered m the manner provided by this section or was reconsidered but the actton originally taken was not changed by the Cotmml cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of six (6) months unless tbas rule is suspended as provided for in these Rules of Procedure 7 t2 ~he~x~m~r,~slJ~ When the previous question is moved and seconded, it shall be put as follows "Shall the main question be now putg" There shall then be no further amendment or debate, except that nnthm~ here~n ~hall allow lhe prevlnna qnegtmn tn he called prmr tn a lea~qt one nppnrtnmty for each member of the Conned to ~qpeak an the n?e.~tmn hefnre the Conned Any pending amendments shall be put in their order before the mmn question If the motion for the previous question is lost, the mom 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 m effect to moving "That debate now cease, and the Council shall immediately proceed to vote on the pending motion" In practice, this is done with the phrase "Call for the question", or simply saying "Question" 7 13 Withdrawal nfMnhnna A motion may be withdrawn, or modified, by its movant without asl~ng permission until the motion has been stated by the Presiding Officer If the movant modifies bas or her motion, the seconding counmlmember may withdraw bas or her second After the questaon has been stated, the movant shall neither withdraw it nor modify it w~thout the consent of the Council The subject different fi'om that trader 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 Apprn.nrmtmn~q nf Mnney Before formal approval by the Council of motions prowdmg for appropriation of money, information must be presented to the Council showing purpose of the appropnahon In adtht~on, before finally acting on such an appropriation, the Council shall obtmn a report t~om the City Manager as to the avallabthty of funds and his or her recommendations as to the desirability of the appropriation 7 15 Tranafer nf Ap.nrnprmtmna At the request of the City Manager, at any time dunng the fiscal year, the Council may by resolution transfer an unencumbered balance of an appropnatton made for the use of one department, division, or purpose, but no transfer shall be made of revenues or earmngs of any non-tax supported public utlhty to any other purpose PAGE 12 CIIIF. ATION el? COMMITTI~,I~,.~: lIOAl~D~ AND COM~ION~ 8 1 Council Comm:~ees Th~ Co.cfi may, appom~t of ~ "ad hoc" Co~cll ~ttt~es ~y CO~lROO so created sh~l ce~ to ex~st upon ~e accomphs~ent of ~e ~:al p~os~ for w~ch ~t w~ created or wh~ abohshed by a ma~on~ vote of~e 8 2 Citizen ~n~rds; Cnmmmglnn% and Cnmml~ees The Co~cll may croae o~ Co~ees, Bo~ds ~d Co~msions to assmt m ~e conduct of ~e opera, on of ~e C~ gove~t wl~ such dutms as ~e Co.cfi may spec~ not mcons~st~t w~ ~e C1W Cheer or Code Memb~ps ~d selection ofmemb~s shall be ~ prowded by ~e Co.cH ~fnot specified by the Cl~ Cheer or Code ~y Co~l~ee, Bo~d, or Co--ms,on so creaed shall cede to exmt upon ~e accomphs~ent of ~e specml p~ose for w~ch it w~ creaed, or wh~ abohshed by a majon~ of ~e vote of the Co.cH No Co~l~ee so appointed shall have powers o~ ~wso~ to ~e Co~al or to the Cl~ M~ager, exert as othe~lse sp~lfied by ~e Ch~ or Code 8 3 Annn~n~e~t~ a In&wdu~ C~ Co~c~embers m~ng nominations for membe~ to cmzen bo~ds co~ss~ons will consider ~nterested persons on a e~de b~s b The C~ Cereal w~ll m~e ~ effoa to be mcluave of all se~ts of the eo~W m · e bo~d ~d co~ss~on appom~ent process C~ Co~c~embers will consider gender, SO~lO-eConom~c levels, ~d o~er factors to ans~e a dirge r~resentat~on of Denton CltlZ~S c ~e C~W Council will t~e rote cons~d~anon ~ md~wdual's quah~cat~ons, wflhn~ess to se~e, ~d appheat~on mfo~aUon m selecting nom~nons for membe~h~p to each bo~d ~d CO~lSSlOn d ~ ~ effo~ to ensue m~m~ cmzen p~c~paaon, C~ Co~c~emb~ will continue ~e g~al pr~t~ce of nominating new c~t~zens to r~lace bo~d m~bers who have se~ ~ee cons~uave, ~11 te~s on ~e s~e bo~d e Each C~ Co~c~emb~ will be responsible for m~ng nominations for bo~d co~ss~on places asa~ed to h~m or her, w~ch may co~espond to the C~W Co~c~ember's place ~d~wdual C~ Co~c~emb~s w~ll m~e nominations to gove~ng,body's appmv~ or d~sapproval 8 4 Rnlen n~ prna~dnr~ Bo~d ~d Corpsmen m~bers shall comply w~th ~e prows~ons of ~cle HI of Chapter 2 of ~e Code o~ Ordm~ces Each Bo~d shall be provtd~ a copy of ~e~e roles of procedure ~d e~h ~v~so~ bo~d shall adopt ~les of preterite gov~mg PAGE 13 the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible 9 VOTE~q REQIJIRED Questmns on winch the voting requirement :s vaned by the Charter, State Statutes and these rules are hsted below 9 1 Charier and ,qtate ~qtal~tnry Ren?rement~ a Charter Amendment - l'lye Vnte~ Ordinances submitting proposed Charter amendments must be adopted by a two-thuds vote of the Council (Article XI, Section 3, Texas Constitution and Chapter 9, Texas Local Government Code (Vemons 1999, as amended ) For a seven member Council, this means five members must vote affmnat~vely b l.ex..'}?ng Taxe~ - Five Voten Ordinances prowd~ng for the assessment and collection of certmn taxes require the approval of two-tinrds of the members of the Council (Section 302 101, Texas Tax Code) (Vernons, 1999, as emended ) c ~hnnglng Paving A~e~ment Plan~ - Five Votes Changes in plans for paxang assessment require a two-tturds vote of the Council (Section 313 053(e) Transportation Code, Vemons 1999, as amended ) d Change~ in Zoning Ordinance or Zoning Cla~lficatlon.q In cases of a written protest of a change in a zoning regulation or zomng classfficat~on by the owners of twenty (20%) percent or more either of the area of the lots included ~n such proposed change, or of the lots ~mmedlately adjmmng 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 Cxty Council, six (6) votes of the City Council is required to ovemde the dec~sxon of the Planmng and Zomng Commission that a zomng change be demed e Amendment of Tax Abatement Policy The gmdehnes 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 C~ty Council (Section 312 002(c)) Texas Tax Code (Vemons 1999, as amended ) 10 ~qEVE~R Alill JT¥ CI,AILqE That if any section, subsection, paragraph, sentence, clause, phrase or word in tins ordinance, or apphcat~on thereof to any person or c~rcumstances ~s held mvahd by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remmmng portions of this ordinance, and the City Council of the City of Demon, Texas, hereby declares ~t would have enacted such remmnmg portions despite any such ~nvahd~ty PAGE 14 ~ That Ordinances 74-48, 81-35, 90-026, 90-150, 92-115, and 93-073 are hereby repealed ~qg. CTION 3~ That tlus Ordinance shall become effective ~mmed~ately upon ~ts passage and approval L PASSED AND APPROVED thru the/~--~day of ~t~- , 2001. EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 15