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1998-415 NOTE Amended by Ordinance No. 99-028. NOTE. Amended & consolidated by Ordinance No 2001-193 ZENS' BEHAVIOR AND CONDUCT AT CITY COUNCIL MEETINGS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $500 00, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the C~ty Counml deems ~t m the pubhc interest to amend ~ts Rules of Proce- dure to preserve order and decorum and security dunng C~ty Council meetings, whxch will help preserve the abfltty of the C~ty Counml to effectively and effimently conduct ~ts pubhc meetings, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That Ordinance No 96-014, as amended, m hereby amended by amending Section 3 3 "Ctt~z~ns" of Section 3 "Code of Conduct", to read as follows 3 3 C~t~zens a C~t~zens and other v~mtors are welcome to attend all pubhc meetings of the C~ty Counml, and will be admitted to the C~ty Counml Chamber or other room ,n wlueh the C~ty Couned m meeting, up to the fire safety capacity of the room b All meeting attendees shall conduct themselves w~th propriety and decorum Conversations between or among and~enee members should be conducted outrode the meeting room Attendees wall reft:mn from excesmvely loud private conversa- tions while the Council m m sesmon c Unauthorized remarks fi'om the audience, stamping of the feet, applauding, whm- tles, yells, and mmllar demonstratxons shall not be permitted d Placards, banners, or mgns will not be permitted ~n the C~ty Cotmml Chamber or m any other room m wbach the C~ty Courted is meeting Exhibits, displays, and wsual aids used m connection w~th presentations to the City Council, however, are permitted e Audience members may not place their feet on any chairs m the C~ty Council Chamber or other room m which the City Council m meeting f Only C~ty Council members and C~ty staff may step on to the dam g All people wmhlng to address the C~ty Council shall first be recogmzed by the preslchng officer and shall hm~t thmr remarks to the matter under thseusmon h All remarks and questions addressed to the City Council shall be addressed to the CaW Councal as a whole and not to any individual members a Any person addressing the City Council in the Caty Councal Chamber shall do so from the lectern unless physacally unable to do so People addressing the Caty Council shall not be permitted to approach the doas If they wash to hand out pa- pers or other materials to the Caty Council, they should express that desire to the presadmg officer, and the City Manager shall direct a staff member to hand out the materials When the tame has expared for a presentation to the City Council, the presadmg of- fleer shall direct the person speaking to cease A second request from the presid- ing officer to cease speakang shall be cause of the removal of the speaker af that person continues to speak k Equipment, apparatus, or paraphemaha such as camera tripods, easels, or wheel- chairs shall not obstruct, block, or otherwase be located In the doorway, entrance- way, or walkways of the City Council Chamber or of any other room an which the City Council may choose to meet Representatives of the electromc media may set up cameras and other equipment only an the back of the room It as permissi- ble for television camera operators to film for short periods of time (several man- utes) from the entraneeway to the City Council Chambers using hand-held cam- eras only Any radao station, which broadcasts the regular C~ty Council meetings lave may hook thear equipment up at the front of the room as long as it remains out of s~ght and out of the way 1 There wall be a uniformed City of Denton pohce officer present at all regular meetings of the Caty Councal This polace officer shall act in the capaeaty ora se- curity officer/sergeant-at-arms, and shall enforce the meeting roles and act upon the chrection of the presiding officer m Any person making personal, Impertinent, profane, or slanderous remarks, or who becomes boisterous wlule addressing the City Councal or who otherwise vaolatos any of the above-mantaoned roles while attending a C~ty Council meeting shall be removed from the room at the d~reetaon of the presiding officer, and the person shall be barred from further audlance before the Caty Councal dunng that sessaon of the City Council If the presiding officer falls to act, any member of the C~ty Council may move to require the offenthng person's removal, and the affirmatave vote of a majority of the Caty Council shall require the presiding officer to act The sergeant-at-arms, af so darectod by the presadmg officer or an affirmative vote of the majority of the C~ty Councal, shall remove the offendang person from the meeting Page 2 ~C~TI_Q]~[_~ That any person wolatmg any provtslon of ttas ordinance shall, upon conxac- tlon, be fined a sum not exceeding $500 00 Each day that a provision oftNs ordanance is wolated shall constamte a separate and d~sUnct offense ~ That save and except as amended hereby, all of the remaining sections, subsections, paragraphs, and sentences of Ordinance No 96-014, as amended, shall remain in full force and effect ~ That if any section, subsection, paragraph, sentence, clause, phrase, or word in tl~$ ordinance, or application thereof to any person or clmumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the rammmng pomons of tins ordinance, the City Council of the City of Denton hereby declares that they would have enacted such remaining portions despite any such invalidity ~ That tNs ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordi- nance to be published twice m the Denton Record-Chromcle, a dmly newspaper published m the City of Denton, Texas, within ten (I0) days of the date of its pass~e PASSED AND APPROVED thls the ¢~-'~ dayof ~~ 1998 JAC~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPI~MED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NO 98-415 BY CORRECTING THE DESCRIPTIVE CAPTION OF THE ORDINANCE AND SECTIONS I AND III TO CHANGE THE REFERENCE TO ORDINANCE NO 96-014 TO 94-183, AS AMENDED, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $500 00, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Ordinance No 98-415, which amended the Counctl's Rules of Procedure to preserve order, decorum, and security dunng C~ty Cotmml meetings, needs to be amended due to an ~ncorrect reference to Ord~nence No 96-014, which needs to be changed to Ordinance No 94- 183, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That Ord~nence No 98-415 is hereby amended by changing the references m the caption of the ordinance and Secttons I and III from Ordinance No 96-014 to Ordinance No 94-183, as amended SECTION II. That ~f any section, subsection, paragraph, sentence, clause, phrase, or word m tlus ordinance, or apphcalaon thereof to any person or c~rcumstance ~s held ~nvahd by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remaining portions of thru ordinance, the City Cotmc~l of the C~ty of Denton hereby declares that they would have enacted such rema~mng po~ons despite any such ~nvahd~ty $~ECTION III That save and except as amended hereby, all of the sections, clauses, and phrases of Ordinance No 98-415, as amended shall remain ~n full force and effect SECTION IV. That any person v~olatmg any prows~on of Ordmence No 98-415, as amended, shall, upon conmetaon, be fined a sum not exceeding $500 00 Each day a prows~on of th~s ordinance ~s v~olated shall constitute a separate and d~stmct offense ~ That tlus ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the City Secretary ~s hereby d~rected to cause the following descriptive caption of Ordinance No 98-415, as amended, to be pubhshed twine in the Denton Record- Chrontcle, a dally newspaper pubhshed in the City of Denton, Texas, within ten (10) days of the date of the passage of tlus ordinance AN ORDINANCE AMENDING ORDINANCE NO 94-183, AS AMENDED, RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL, BY PROVIDING CERTAIN RULES ESTABLISHING DECORUM, BEHAVIOR, 3dqD SECURITY REGARDING CITIZENS' BEHAVIOR AND CONDUCT AT CITY COUNCIL MEETINGS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $500 00, AND PROVIDING AN EFFECTIVE DATE PASSED AND APPROVED tlus the ~/Z] day of v _J-~ ['/~.~'-, 1999 ~ -lACK MILbL~, M~YOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 2 ORDINANCE NO ~7~/~7t~/''''/~,_~ AN ORDINANCE AMENDING ORDINANCE NO 94-183 AND SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AND ALL AMENDING ORDINANCES AND REPEALING AND CONSOLIDATING ORDINANCES 76-48, 81-35, 90-026, 90-150, 90-150, 92-115, 93-073, 94- 183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028 AND 2000-420, PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE WHEREAS, the Constitution and Laws of the State of Texas, and Section 2 07 of the City Charter of the City of Denton, Texas, authorize the City Council of smd City to promulgate and establish roles of procedure to govern and conduct meetings, order of business, and decorum, whale acting as a legislative body representing smd C~ty, and WHEREAS, because of its desire to more effectively and efficiently serve the public through the medium of public mectmgs, it has become necessary to amend and consolidate all amendments of the City Cotmed Rules of Procedure, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS .Rg.C~TICINI 1 That Ordinance Numbers 94-183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028, and 2000-420 and Section 2-29 of the City Code (Rules 6-2-6-7)are hereby amended and consolidated ~nto one Ordinance known as the Denton City Council Rules of Procedure to read as follows 1 AIJTtti'~RITV I 1 Charter. Pursuant to the provisions of Section 2 07 of the Charter of the City of Denton, Texas, the City Cotmcd hereby enacts these roles of procedure for all meetings of the City Cotmml of the City of Denton, Texas During any mectmg, a reasonable opportumty shall be given for citizens to be heard under these roles These Rules of Procedure are enacted as guidelines to be followed by all persons m the Council Chamber including the city adrmmslratlve staff, news media, and visitors 2 GENERAl, RIll.ES 2 1 Me~tlngn to he Puhlle All official meetings of the Council and Cotmcll committees and subcomnuttecs, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons Annotated Texas Clwl Statutes 1999 (Vernons), as amended, shall be open to the public PAGE 1 2 2 Qnornrn Four members of the Council shall constitute a quorum for the transaction ofbusmess (Charter, Section 2 06) 2 3 Cnrnpelhng Attendance No member shall be excused fi.om attendance at a Council meeting except for good and valid reasons 2 4 Mmenndnet The Council may pumsh its own members for misconduct 2 5 ~ An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book conmtutlng the official record of the Council A certified agenda shall be prepared for all closed meetings and shall be approved by the Mayor in accordance with Chapter 552, TEX GOV'T CODE ANN (Vemons 1999), as amended 2 6 Qne~qtmn~ to Contmn One ~qu~ect All questions submitted for a vote shall contain one subject, except the City Council may approve all items whmh are on the consent agenda in one motion, regardless of how many subjects are contmned in the consent agenda, so long as all items have been properly posted m accordance with the Texas Open Meetings Act and have not been removed fi.om the consent agenda by a Councllmember If two or more points are involved, any member may reqmm a d~vlslon, if the question reasonably admits of a dlvmlon 2 7 R~ght of Floor Any member desmng to speak shall be recogmzed by the Chmrperson, and shall confine Ires 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 w~shmg to speak shall have spoken 2 8 C~ Manager The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote (Charter, Section 5 03 (d)) 2 9 C~ Attorney The City Attorney, or Acting City Attomey, shall be avmlable upon request for all meetings of the Council unless excused and shall, upon request, give an oplmon, either written or oral, on questions of law The City Attomey shall act as the Council's parhamentanan 2 10 C,~ gecreta~ The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official nunutes and perform such other duties as may be requested by the Council 2 11 Or'~eer~q and F. mployee,q Any officer or employee of the City, when requested by the City Manager, shall attend any meetmg of the Council If requested to do so by the City Manager, such employee may present information relating to matters before the Council PAGE 2 212 Rnlaq of Order These roles govern the proceethngs of the Council ~n all cases, except that where these roles are silent, the most recent Ed~hon of Robert's Rules of Order revised shall govern 213 ~qu~?enmnn nf Rule~q Any provision of these roles not governed by the City 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 into the minutes of the Councd 214 Amendment nfl~nle,~ These rules may be amended, or new rules adopted by the affirmative vote of four members of the Cotmcd, provided that the proposed amendments or new rules shall have been mtroduced before the C~ty Councd at a prior Council meeting 3 ~.~I~E Ol? ~.ONI~IJCT 3 I (]onne,1 lm emher~l a Dunng Council meetings, Councdmembers shall preserve order and decorum and shall neither by conversatmn or otherwise delay or ~ntermpt the proceedings nor refuse to observe the rules of the Council b A Councdmember, once recogmzed, shall not be interrupted wbale speaking unless called to order by the Mayor or premdmg officer, unless a point of order is rinsed by another member or the parhamentanan, or unless the speaker chooses to yield to questions fi.om another member If a Councdmember ~s called to order wbale he or she is speakang, he or she shall cease speal~ng Lmmedmtely until the question of order ~s determined If ruled to be ~n 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 bas or her remarks so as to comply w~th rules of the Councd 32 ~flmlmalratll~:~Slaff a Members of the Adm~mstrat~ve staff and employees of the Oty shall observe the same rules or procedure and decorum apphcable to members of the Councd, and shall have no voice unless and until recogmzed by the Chmr b Whale the presiding officer shall have the authority to preserve decorum ~n meetmgs as far as staff members and C~ty 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 d~sclpllnary action as may be necessary to insure that such decorum m preserved at all t~mes by C~ty employees ~n Council meetings PAGE 3 d All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof e No staff member, other than a staff member having the floor, shall enter into any d~scuss~on either d~rectly or ~nd~rectly without penmsmon of the pres~dlng officer C~t~zen~q C~t~zens and other wmors are welcome to attend all pubhc meetings of the C~ty Council, and will be admmed to the C~ty Council Chamber or other room m whmh the C~ty Council ~s meeting, up to the fire safety capacity of the room All meeting attendees shall conduct themselves w~th propriety and decorum Conversat~uns between or among audience members should be conducted outside the meeting room Attendees will refnun from excessively loud private conversations while the Council ~s in semon Unanthonzed remarks from the audience, stamping of the feet, applauding, whmtles, yells, and s~mHar demonstrations shall not be permitted Placards, banners, or s~gns will not be permitted ~n the C~ty Council Chamber or in any other room in wluch the City Council is meeting Exhibits, d~splays, and v~sual rods used ~n connection w~th presentations to the City Council, however, are permitted Audience members may not place their feet on any chmrs in the City Council Chamber or other room ~n wluch the C~ty Council ~s meeting Only C~ty Council members and C~ty staffmay step on to the dins All people washing to address the C~ty Council shall first be recognized by the presiding officer and shall hmlt their remarks to the matter under d~scuss~on All remarks and questions addressed to the C~ty Council shall be addressed to the C~ty Council as a whole and not to any ~nd~wdual members Any person addressing the City Council ~n the C~ty Council Chamber shall do so from the lectern unless phymcally unable to do so People addressing the C~ty Council shall not be permitted to approach the dins If they w~sh to hand out papers or other materials to the C~ty Council, they should express that desire to the presiding officer, and the C~ty Manager shall d~rect a staff member to hand out PAGE 4 the matermls When the tame has expared for a presentataon to the C~ty Council, the presadlng officer shall direct the person speaking to cease A second request from the presadang officer to cease speakmg shall be cause of the removal of the speaker ~f that person continues to speak k Eqmpment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchmrs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of the Caty Council Chambers or of any other room ~n which the C~ty Council may choose to meet Representataves of the electromc medm may set up cameras and other eqmpment only ~n the back of the room It is permlssable for televasaon camera operators to film for short periods of hme (several minutes) from the entranceway to the C~ty Councd Chambers usang hand- held cameras only Any radio stataon, which broadcasts the regular C~ty Counml meetings hve may hook thear eqmpment up at the front of the room as long as ~t remains out of s~ght and out of the way There wall be a uniformed Caty of Denton police officer present at all regular meetangs of the Caty Councd This pohce officer shall act in the capacaty of a security officer/sergeant-at-arms, and shall enforce the meeting rules and act upon the darectaon of the presldmg officer m Any person making personal, impertinent, profane, or slanderous remarks, or who becomes bomterous whale addressing the C~ty Council or who otherwise wolates any of the above-mentioned rules while attending a C~ty Council meeting shall be removed from the room at the d~rect~on of the presiding officer, and the person shall be barred from further audience before the Caty Couned dunng that session of the Caty Council If the premd~ng officer fads to act, any member of the City Council may move to reqmre the offending person's removal, and the affirmative vote of a majority of the C~ty Councd shall reqarre the pres~dang officer to act The sergeant-at-arms, af so d~rected by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offendang person from the meetmg 3 4 F. nforeement The Caty Manager, ~n the absence of a demgnated law enforcement officer, shall act as Sergeant-at-Arms for the Council, and shall funush whatever assistance is needed to enforce the rules of decorum here~n estabhshed 3 5 ~qeatmg Arrangement The Caty Secretary, City Manager and City Attorney shall occupy the respective seats an the Council Chamber assigned to them by the Mayor, but any two or more members of the Councd may exchange seats PAGE 5 4 TVPE,~ o1~ ~II~I~,TIN~g 4 1 Re~mflar Meet,n~ The Council shall meet at six o'clock p m on the first and tinrd Tuesday of each month, with executive sessions (closed meetings) of the Council commencing at five fifteen o'clock p m, or at any other time set by the Council, unless the meeting is postponed or cancelled for valid reasons All regular meetings of the Council wall be held in the Municipal Bmldlng at 215 East McI~huney Street, or at such other location as the City Council may, by motion, resolution or ordinance fi.om lame to time des~guate 4 2 ~Rpeelal Mee/mg~q Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council The call for a special meeting shall be filed w~th the City Secretary m written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act, [Chapter 55] TEX GOV'T CODE ANN, (Vemons 1999, as mended) The Mayor, City Manager, or three of the council members may designate a location for the specml meeting other than the Mummpal Bmldang as long as the location is open to the pubhc 4 3 Workahop Meet,ng,q Workshop meetings or work sessions may be called using the same procedure reqmred for specml meetings (See Sec 4 2) The purpose of the workshop meeting is to d~scuss or explore matters of interest to the C~ty, to meet with City Board, Commission, or Committee Members, City staff or officers of c~wc orgamzations, governing bodies or mdlwduals specifically ~nv~ted to the session by the Mayor, Councd or C~ty Manager These meetings are mformat~onal and normally, no final action shall be taken unless the posted agenda indicates othe~vme Citizens or other interested persons attending the work session will not be allowed to partm~pate ~n the session unless lnwted to do so by the Mayor Citizens should be advised of the nature of the work session and that their input may be received and considered at a regularly scheduled counml meeting where the agenda provides for final action to be taken on the matter The purpose of tins procedure is to allow the citizens attending the regular meeting the opportumty ofheanng the views of their fellow citizens in a more formal setting Any citizen may supply the City Councd a written statement or report regarding the c~t~zen's opunon on a matter being dmcussed m a work session If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to g~ve City staff threct~on as to needed information for the possible future meeting w~thout distracting comment fi.om the audience 4 4 Enl~lg~l~M~lnl~ In case of emergency or urgent public necessity, winch shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the C~ty Manager or by three members of the Councd, and it shall be sufficient ~f the notice is posted two hours before the meeting is convened 4 5 C~ln~ed Meetmg~ The Council may meet in a closed meeting pursuant to the reqmrements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons 1999), as amended PAGE 6 4 6 ~ Any meeting of the Council may be recessed to a later time, prowded that no recess shall be for a longer period than until the next regular meeting 4 7 ~ The agenda for all meetings, including Council Committee or Subcommittee meetings, shall be posted by the City Secretary on the C~ty's offieml bulletm board and not,ce of all meetings shall be given by the C~ty Secretary pursuant to the reqmrements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vernons 1999, as amended ) 5 pR~RIYIINC'. ~I~I~ICi~,R ANn DIITII7,~ 5 1 P_raatdmg_121fficer The Mayor, or ~n the absence of the Mayor, the Mayor Pm- Tern, shall premde as chmrman, or pres~dmg officer at all meetings of the Council In the absence of both the Mayor and Mayor Pro-Tem, the Councd shall elect a temporary presiding officer (Charter, Section 2 03) 5 2 Call tn Order The meetings of the Council shall be called to order by the Mayor, or ~n Ins or her absence, by the Mayor Pm-Tern In the absence of both the Mayor and the Mayor Pro-Tern, 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 prenervalnon of Order The presld~ng officer shall preserve order and decorum, and confine members in debate to the question under discussion The pres~dmg officer shall call upon the Sergeant-at-Arms as necessary to enforce comphance w~th the roles contmned here~n 5 4 Po~nt,q of Order The presiding officer shall determine all pmnts of order, subject to the right of any member to appeal to the Council If any appeal ~s taken, the question shall be, "Shall the decmlon of the presiding officer be sustmnedg" If a majority of the members present vote "No", the mhng of the chtur ~s overruled, othe~v~se, ~t as sustmned 5 5 Que~qtmna to be ~qtated The presiding officer shall state all questions submitted for a vote and announce the result A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions 5 6 Suhat~tntmn far Prea~dmg Officer The presiding officer may call any other member to take Ins or her place ~n the chmr, such substitution not to continue beyond adjournment 5 7 Call far Reee,q~q The presiding officer may call for a recess of up to fit~een (15) mmutes at regular ~ntervals of approxtmately one hour at appropriate pmnts ~n the meeting agenda, or ffrequested by any two members PAGE 7 6 ORDER Ol~ RILqlN'~.~q.R (Section 2-29 of the City Code "C~ty Council Procedures; Order of Business") 6 1 (2-29(a)) ,~genda The order of business of each meeting shall be as contmned m the agenda prepared by the C~ty Manager, Much shall be rewewed and approved by an Agenda Comnuttee composed of the Mayor, one other member of the C~ty Councd selected by the Council, and the City Manager The agenda shall be a hstmg by topic of subjects to be considered by the Council When ~tems are removed from the consent agenda and placed on the regular agenda by members of the Counml, the removed items shall be taken up m the order of removal right al~er the consent agenda Placement of items on the agenda shall be governed by th~s Section and Sectaon 6 3, provided that ff a CouneHmember has an "emergency" ~tcm that the Councllmember beheves should be placed on the next regular or spcmal meeting agenda, the placement must be approved by two members of the Agenda Committee Conduct of business at special meetings and Council Committees and subcommittees will likewise be governed by an agenda and these Rules of Pro- cedure 6 2 (2-29(1>)) Pledge of Allegmnee Each agenda shall provide an ~tem for the remtal of the "Pledge of Allegiance" at the regularly scheduled c~ty coancH meetings Ttus item shall beg~n w~th the recital of the pledge of allegmnce for the Umted States flag and shall follow w~th a recital of the pledge of allegiance for the Texas state flag in accordance wtth artmle 6139 (b) of Vemons Annotated Texas C~vfi Statutes 6 3 (2-29(c)) Pre~qentatmna hy Memhem nf Council The agenda shall provide a tame when the Mayor or any CouncHmember may bnng before the Counml any bus~ness that he or she feels should be dehberated upon by the Council These matters need not be specffically hsted on the agenda, but dmcuss~on and formal action on such matters shall be deferred until a subsequent Council meeting Any member may suggest an ~tem for d~scuss~on at a future work session The C~ty Manager or mty staff shall only respond prelumnanly on ttus ~tem at the work session If the City Council beheves the ~tem reqmres a more detmled rewew, the Council will g~ve the City Man- ager or C~ty Staff d~rect~on to place the item on a future regular meeting agenda and adwse staff as to the background materials to be desired at such rneetang 6 4 (2-29(d)) Pre~entatmn hy C,n~en~ a (2-29(d)0)) C~t~zen R?nrta Any person who w~shes to place a subject on the Coancfl agenda at regular C~ty Council meetings shall adwse the Ctty Manager's office of that fact and the specified subject matter wluch he or she desires to place on the agenda no later than 5 00 p m Wednesday prior to the Council meeting at whmh he or she w~shes the designated subject to be considered A tame for such c~tazen reports shall be provided on the agenda after the pledge of allegiance, epproval of the m~nutes, and the presentatmn of proclamations Any speaker prowd~ng a mtazen report shall speak for no longer than five (5) m~nutes on all items 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 tame No cmzen may fill out a "request to speak" form or have an opportumty to PAGE 8 speak or comment on another citizen's report winch is given at the same Councd meeting b (2-29(d)00) ,qpeakmg on Re~mflar and Consent Agenda Items Any person who wishes to address the Counml regarding an 1tern that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form askang to speak regarding the item and return it to the City Secretary before the Council eonmders the item The Mayor wall call upon the citizen to speak for no longer than three (3) minutes as that particular agenda item ~s considered by the C~ty Council The provisions of tins paragraph do not apply to persons appearing at a pubhc hearing in response to an official agenda notice or pubhcatlon The provisions of tins paragraph also do not apply to workshop meetings, and a cmzen's right to speak and provide input at those meetings shall be limited and controlled by Section 4 3 "Workshop Meetings" of tins ordinance c (2-29(d)(m)) Any person who wishes to address the Council at a pubhc heanng shall complete a "mquast 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,]mds Speakers before the Council shall limit their remarks to five (5) minutes or less for public heanng items and citizen reports Citizens spealang to a non-pubbc heanng agenda item shall limit their presentations to three (3) minutes or less 6 6 (2-29(0) Oral Pre~qentatmns hy C~ty Manager Matters requmng the Council's attention or action which may have developed after the deadhne for dehvery of the written commumcatlon to the Council may be presented orally by the City Manager If formal Council action on a subject is required, such action may be taken only if the provisions of the Texas Open Meetings Act have been satisfied 6 7 (2-29(g)) preaentatmn of Prnelamatmn~q The agenda may provide a time for the presentation of proclamations The Mayor or presiding officer may deliver and present proclamations upon the request of citizens Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented Moreover, proclamations shall not be used for any commercial or advertising purpose 7 CC)N,glDERATIfIN OF ORDINANCF~,~I: RF,,~OI JITIONS: AND MOTION,~ 7 1 Printed or Typo~wntten Form All ordinances and resolutions shall be presented to the Council in pnntcd 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~ Attorney to Approve All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written opunon on the legality of such ordinance, resolution or contract poor to submission to the Council (Charter, Section 6 02) PAGE 9 7 3 I~atr~hl]t~nn nf C}rchnanee~ and Re~nh]tmrt~ The C1W M~ag~ shall pr~e cop~es of ~1 propos~ ordm~ccs ~d resolu~ons for &s~but~on to all memb~s of ~c Co.ell at · c mcctmg at w~ch ~e orinoco or resolution ~s ~n~duccd, or at such c~hg time ~ ~s expedient 7 4 R~nrdlnE nf Vnte~ ~e ye~ ~d nays shall be t~en upon ~e p~sage of fll ore.cea ~d resolutions ~d the vote of each m~ber shill be recorded m ~e minutes (Ch~, Section 2 06 ~)) 7 5 M~onW Vnle Rea?red ~ a~at~ve vote of fo~ (4) m~b~s ~s n~ess~ to r~efl ~y ordinate or ~e ~y offic~fl action ~n ~e n~e of ~e C~W exert ~ o~se prowd~ m ~e Cheer or by ~e laws of~e State of Tex~ (Cheer, Section 2 06) 7 5 1 T~mVote Ma~ voted on by ~e C~W Co.cH w~ch end m a t~e-vote shall automat~cflly be plac~ on each subs~u~t Co.cfi meeting agenda until a ~11 Co.cfi ~s present 7 6 D~and for R~ll Call Upon dem~d of ~y member, ~e roll shall be tilled for ye~ ~d nays upon ~y question before ~e Co~ncll, w~th the exe~tmn nftho~e e~re.m~tanee~ ~et fn~h m Seet~nn 7.12; ~e Prewn.~ Qlm~tlnn It shall not be m ord~ for members to explmn ~elr vote d~ng ~e roll call 7 7 Perennal Pnwlege The n~t of a member to ad.ess ~e Council on a question of p~onal pnwlege sh~l be limited to c~es in w~ch hs or her rate. W, ch~acter, or motives ~e ~sml~, ques.oned, or imputed 7 8 D~mt~ and Prnte~tn ~y member shall have ~e n~t to express dissent ~om or protest agm~ ~y or&n~ce or resolu.on of ~e Council ~d have the reason ~erefore enter~ upon ~o minutes Such dissent or protest may be filed ~n wntmg, ~d presented to the Council not later ~ ~c next re~l~ meeting followmg the date of p~sage of ~e ordlnmce or resolution obj~ted to 7 9 Vntmg Rea)~red No member shall be excused Dom voting exert for lack of mfoma, on ~d exert on ma~e~ revolving the cons~deration of h~s or her o~ official conduct, or where ~s or her p~onal interests ~e involved m accord~ce with Chaptm 171, TEX GOV'T CODE ~ ~emom 1999, as m~d~), ~d in ~ese lnst~ces he or she shall abstmn ~y m~b~ 9ro~blted ~om votmg by p~onal mterest sh~l ~o~ce ~s at the co~encment of consldem~on of ~ ma~er ~d shall not enter rote discussion or debate on ~y such ma~er ~d shall leave ~e meeting mom The member hawng briefly stated ~e re~on for ~s or her r~uest, · e excus~ ~m vo~ng shall be made without debate PAGE 10 7 10 Order nfPreeecle~nee nfMntmm a The following motions shall have priority m the order indicated 1 AdJourn (when unqualified) and is not debatable and may not be mended, 2 Take a recess (when privileged), 3 Rinse a question ofpnvdege, 4 Lay on the table, 5 Previous question (2/3 vote reqmred), 6 Limit or extend limits of debate (2/3 vote required), 7 Postpone to a certmn time, 8 Comnut or refer, 9 Amend, 10 Postpone indefinitely, 11 Mmn Motion b The first two motions are not always privileged To adjourn shall lose its privilege character and be a mmn motion if in any way qualified To take a recess shall be privileged only other busmess is pending c A motion to adjourn is not m order I When repeated without lntervemng business or d~scusslon, 2 When made as an interruption of a member while speakdng, 3 Wlule a vote is being taken d Only certmn motions may be amended as provided in the most current edation of Robert's Rules of Order, revised A motion to amend shall be undebatable when the question to be amended is undebatable 7 11 ~ A motion to reconsider any action of the Cotmcil 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 wath the prevmlmg side It can be seconded by any member In order to comply w~th the Texas Open Meetings Act, any Councflmember who wishes to make such a motion at a meeting succeeding the meetmg where the action was taken shall notify the C~ty Manager to place the item for recons~deratlon on the Councd agenda No question shall be twice reconstdered, except by unammous consent of the Cotmc~l, except that actton related to any contract may be reconsidered at any time before the final executmn thereof A matter which was not t~mely reconsidered m the manner provided by tins section or was reconsidered but the action originally taken was not changed by the Councd cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of sm (6) months unless tins rule ~s suspended as provided for m these Rules of Procedure 7 12 ~ When the previous question ~s moved and seconded, ~t shall be put as follows "Shall the mmn question be now putg" There shall then be no further amendment or debate, except that nothing herein nhall allow the prewnna qne~tmn tn he called prmr tn a le~qt nne n.nportnnlty for each member of the 12ouncd to ~penk on the o?e~tmn Before the Council Any pending amendments shall be put tn their order before the mmn question If the motton for the prewous question is lost, the mare question remmns before the Council An affirmative vote of 2/3 of the Councd shall be reqmred to move the previous question To demand the previous question ~s eqmvalent m effect to mowng "That debate now cease, and the Council shall tmmedmtely proceed to vote on the pending motion" In practtce, tins ~s done with the phrase "Call for the question", or rumply saying "Question" 7 13 Withdrawal ofMotmna A motion may be withdrawn, or modffied, by its movant w~thout asking permiss~on until the motion has been stated by the Prestdmg Officer If the movant modffies bas or her motion, the seconding councdmember may w~thdraw bas or her second At~er the question has been stated, the movant shall neither withdraw ~t nor modafy ~t without the consent of the Council The subject different from that under consideration shall be admttted under color of amendment A motion to amend an amendment shall be in order, but one to emend an amendment to an amendment shall not be in order 7 14 A.n?o?mtmna of Money Before formal approval by the Counctl of motions providing for appropriation of money, reformation must be presented to the Councd showing purpose of the appropnatton In addition, before finally acting on such an appropriation, the Council shall obtmn a report from the C~ty Manager as to the availability of funds and Ins or her recommendations as to the desirability of the appropriation 7 15 Tran~qfo. r of Appmpr~atmnn At the request of the City Manager, at any time dunng the fiscal year, the Counml may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, d~wsmn, or purpose, but no transfer shall be made of revenues or earmngs of any non-tax supported pubhc utthty to any other purpose PAGE 12 CI~i~.ATION O1~ f~OMMITTE~R: I~OAI~DR AND COM~RRIONR 8 1 Cn.nefl Cnmm~ee~ The Co.cfi may, ~ the need ~ses, au~onze the appom~t of ~e "ad hoe" Co.eft eo~mees ~y tommee so ~emed shall cede ~o ex~s~ upon ~e ae~mphs~ent of the sp~ p~ose for w~ch ~t w~ created or wh~ abohshed by a ma~on~ vo~e of~e Co.eft 8 2 C~.z~ Rnardg; Cnmm~nn~nng: and Cnmm~tteeg ~e Co~cll may create o~er Co~Rees, Bo~ds ~d Co~ms~ons to ~mst m ~e conduct of ~e op~at~on of ~e C~ gove~ent wx~ such dutxes ~ ~e Co~cfl may sp~x~ not inconsistent w~ ~e C~ Cheer or Code M~bers~ps ~d select~on of members shall be ~ prodded by ~e Co~cfl ~fnot ~xfied by ~e C~ Cheer or Code ~y Co~Ree, Bo~d, or Co~ssxon so created sh~l ce~e to ex~st upon ~e aeeomphs~ent of ~e sp~x~ pu~ose for w~ch ~t w~ created, or when abohshed by a majon~ of ~e vote of ~e Co.ell No Co~Ree so appointed shall have powers other ~ adwso~ to ~e Co.cfi or to ~e C~ M~ager, except as oth~se specified by the Ch~ or Code 8 3 Appnm~ent~ a ~dlwdual C~ Counc~embe~ m~xng nominations for members to c~t~zen bo~ds ~d co~ssxons will consider ~nterested persons on a e~de b~s b ~e Cx~ Council will m~e ~ effo~ to be mclus~ve of all se~ents of the co~ xn · e bo~d ~d co~ss~on appo~n~t process C~ Co~cl~embers will consider e~c~, gender, SOClO-~onomlc levels, ~d o~er factors to ensue a diverse r~resentat~on of D~ton citizens c ~e C~ Co~cfl will t~e ~nto conmd~at~on ~ lndxv~dual's quahficat~ons, wflhn~ess to se~e, ~d apphca~on mfo~a~on m selecting nominations for m~b~p to each bo~d ~d co~lsslon d h ~ effoa to ensue m~m~ c~t~zen p~c~pat~on, Ci~ Co~cl~emb~s ~11 continue ~e gen~ practice of nomma~ng new c~t~zens to r~lace bo~d memb~ who have se~ed ~ee cons~u~ve, ~11 te~s on the s~e bo~d e Each Cx~ Co~c~ember will be responsible for m~ng nominations for bo~d ~d co~sslon places assl~ed to ~m or her, w~ch may co~e~ond to the C~ Co~c~b~'s place Ind~wdu~ C~ Co~cflmemb~s will m~e nominations to ~e ~11 C~ Co.cfi for the gove~ng,body's approv~ or dmappmval 8 4 Rule~ of Prneedure Bo~d ~d Co~ss~on memb~s shall comply w~ ~e provisions of ~xcle III of Chapter 2 of ~e Code of ~d~n~ces Each Bo~d shall be prowded a copy of ~ese ~les of proc~ure ~d each advlso~ bo~d shall adopt ~les of proc~e gov~ng PAGE 13 the operation or,ts board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible Questions on which the voting requirement is vaned by the Charter, State Statutes and these roles are listed below 9 1 C~harter and ,qtate ,qtahltnry Reqmrementg a Charter Amendment - 'O'~ve Vnteg Ordinances submitting proposed Charter amendments must be adopted by a two-tturds vote of the Couned (Artmle XI, Section 3, Texas Constitution and Chapter 9, Texas Local Government Code (Vemons 1999, as amended ) For a seven member Council, tlus means five members must vote affirmatively b l~vy?ng Taxeg - l~'~ve Vnte,q Ordinances prowdmg for the assessment and collection of certmn taxes reqmre the approval of two-tbards of the members of the Councd (Section 302 101, Texas Tax Code) (Vemons, 1999, as amended ) c /2hanging Paving Agge,qgment Plan,q - F~ve Vnteg Changes in plans for paving assessment reqmre a two-tlurds vote of the Council (Section 313 053(e) Transportation Code, Vemons 1999, as amended ) d Changeg m 7,nnmg Ordinance or Throng Clagmficatmng In cases of a written protest of a change ~n a zomng regulation or zomng classfficatlon by the owners of twenty (20%) percent or more e~ther of the area of the lots included in such proposed change, or of the lots immediately 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 City Council, s~x (6) votes of the C~ty Council is required to ovemde the dec,sion of the Planmng and Zomng Commission that a zomng change be demed e Amendment of Tax Abatement Pohcy The gmdelmes and criteria adopted as the C~ty's Tax Abatement Pohcy may be amended or repealed by a vote of three-fourths (3/4) of all members of the City Couned (Section 312 002(c)) Texas Tax Code (Vemons 1999, as amended ) 10 gEVE, R A IRII ,IT'V CT,All,gE That If any section, subsection, paragraph, sentence, clause, phrase or word m tins ordinance, or apphcatlon thereof to any person or c~rcumstances is held ~nvalld by any court of competent jurisdiction, such holding shall not affect the vabdlty of the remmmng pornons of tlus ordinance, and the C~ty Council of the City of Denton, Texas, hereby declares it would have enacted such remammg portmns despite any such mvahd~ty PAGE 14 ~ That Ordinances 74-48, 81-35, 90-026, 90-150, 92-115, and 93-073 are hereby repealed SRCTION 3. That fins Ordinance shall become effective ~mmed~ately upon ~ts passage and approval e^ssED ~ APeROWD ~s~e/~day of 2~/~ , 20o~ EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 15