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1996-045E \WPDOCS\ORD\RULES PRO NOTE Amended & consolidated by Ordinance No 2001-193 AN ORDINANCEAMENDING ORDINANCE NO 94-183 RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY PROVIDING THAT EVERY MEMBER OF THE CITY COUNCIL WILL HAVE AT LEAST ONE OPPORTUNITY TO SPEAK ON EACH ITEM BEFORE THE CITY COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That Ordmnance No 94-183 ms hereby amended by amending sectmon 7 6 Demand for Roll Call to read as follows Section 7.6. Demand for Roll Call. Upon demand of any member, the roll shall be called for yeas and nays upon any questmon before the Council, wmth the exceptmon of those circumstances set forth mn Section 7 12, The Previous Ouestlon It shall not be in order for members to explamn their vote during the roll call SECTION II That Ordmnance No 94-183 ms hereby amended by amending section 7 12 The Previous Question to read as follows Section 7.12. The Previous Question. When the previous questmon is moved and seconded, It shall be put as follows, "Shall the mamn questmon be now put~'' There shall then be no further amendment or debate, except ~hat nothing heremn shall allow the prevmous cuestlon to be called prmor to a least one OPPortunitY for each member of the Council to sDeak on the auestlon before the Council Any pendmng amendments shall be put in themr order before the mamn questmon If the motmon for the previous question ms lost, the mamn questmon remamns before the Councml An affmrmative vote of 3/5 of the Councml shall be required to move the previous question To demand the prevmous question ms equivalent in effect to moving, "That debate now cease, and ~he Council shall ~mmedmately proceed to vote on the pending motmon" In practmce, thms ms done wmth the phrase, "Call for the question" or simply saying, "Question" SECTION III That save and except as amended hereby, all the sections, clauses, and phrases of Ordmnance No 94-183 shall remain in full force and effect SECTION IV That this ordmnance shall become effective mmmedlately upon mts passage and approval PASSED AND APPROVED this the~6~ day of ~, 1996 BOB CASTLEBERRY, MA~ ~ ATTEST JENNIFER WALTERS, CITY SECRETARY APP~VED 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 W~-IEREAS, the Constitution and Laws of the State of Texas, and Section 2 07 of the Clty Charter of the C~ty of Denton, Texas, authonze the C~ty Council of smd City to promulgate and establish roles of procedure to govern and conduct meetings, order of business, and decorum, wtule actmg as a legmlat~ve body representing smd C~ty, and WHEREAS, because of ~ts desire to more effectively and efficiently serve the public through the medium of public meetings, ~t 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 gg, 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 City Council Rules of Procedure to read as follows 1 AIITttORITV 1 1 Charter Pursuant to the prowslons 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 Dunng 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 ~n the Cotmcfl Chamber melud~ng the city adrmnistratlve staff, news merlin, and visitors 2 GENERAl, RIll,ES 2 1 Meelmgs~o~xe~h~fl~ All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the prowmons of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons Annotated Texas C~vi1 Statutes 1999 (Vemons), as amended, shall be open to the public PAGE 1 2 2 Q.nmm Four members of the Council shall constitute a quorum for the transaction ofbusmess (Charter, Section 2 06) 2 3 Cnmpelhng Attendance No member shall be excused f~om attendance at a Council meeting except for good and vahd reasons 2 4 Mmennchmt The Council may pumsh its own members for misconduct 2 5 Mmum~q n~' Meetmg~q All account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the officml 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~q to Cnntam One Rn~e~t All questions submitted for a vote shall contmn one subject, except the C~ty Council may approve all items wbach are on the consent agenda in one motion, regardless of how many subjects are contmned ~n the consent agenda, so long as all ~tems have been properly posted in accordance with the Texas Open Meetings Act and have not been removed fi.om the consent agenda by a Councdmember If two or more points are involved, any member may require a division, if the question reasonably admits of a division 2 7 Rtgh~af_F2o~ Any member desmng to speak shall be recogmzed by the Chmrperson, and shall confine bas 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 wmbang to speak shall have spoken 2 8 C~ty 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 City. Annmey The City Attomey, or Acting City Attomey, shall be avmlable upon request for all meetings of the Council unless excused and shall, upon request, give an op~mon, elther written or oral, on questions of law The C~ty Attorney shall act as the Council's parhamentanan 2 10 C~ty Secretary. The City Secretary, or Acting City` Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council 2 11 Offieem and Rmployeaq 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 Ralasmf_.liRfler These roles govern the proceedings of the Council m all cases, except that where these roles are silent, the most recent Edition of Robert's Rules of Order revised shall govern 2 13 ,qu,?en,qmn of Rnle~ Any prowsaon of these roles not governed by the City Charter or Code may be temporarily suspended by the affirmatave vote of four members of the Council The vote on any such suspenmon shall be taken by yeas or nays and entered into the manutes of the Council 2 14 ~ These roles may be amended, or new mles adopted by the affirmative vote of four members of the Cotmml, provMed that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting 3 COIIIZ Oi~' 3 1 Cnnne~lmemhern a Dunng Council meetings, Councalmembers shall preserve order and decorum and shall neither by conversation or otherwise delay or ~ntermpt the proceethngs nor refuse to observe the rules of the Council b A Councdmember, once recogmzed, shall not be interrupted while spealang unless called to order by the Mayor or presldang officer, unless a point of order is raised by another member or the parhamentanan, or unless the speaker chooses to yield to questions fi.om another member If a Councdmember as called to order while he or she is speaking, he or she shall cease speakmg ~mmeihately 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 ~n order he or she shall remmn silent or shall alter Ins or her remarks so as to comply with mles of the Councd 3 2 Admml,qtrat~ve Staff a Members of the Adnnmstratlve staff and employees of the City shall observe the same rules or procedure and decorum apphcable to members of the Council, and shall have no voice unless and until recognized by the Chmr b Wtnle the presiding officer shall have the authority to preserve decorum in meetings as far as staffmembers and City employees are concerned, the C~ty 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 ansure that such decorum as preserved at all t~mes by City employees m 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 lndlmdual member thereof e No staff member, other than a staff member having the floor, shall enter into any dascusslon e~ther directly or indirectly w~thout penmss~on of the presiding officer 33 ~ a Citizens and other msltors are welcome to attend all pubhc meetings of the C~ty Council, and will be admitted to the City Council Chamber or other room in which the C~ty 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 Unanthonzed 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 C~ty Council Chamber or in any other room in which the City Council is meeting Exhibits, displays, and visual rods used in connection with presentations to the City Council, however, are permitted e Audience members may not place their feet on any chmrs in the City Council Chamber or other room in which the City Council is meeting f Only C~ty Council members and C~ty staff may step on to the dins 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 lndlmdual 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 Cotmcfl shall not be permitted to approach the dam 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 d~rect a staffmember to hand out PAGE 4 the matenals When the t~me has expired for a presentation to the City Council, the presadmg officer shall d~rect the person speaking to cease A second request fi.om the presiding officer to cease speaking shall be cause of the removal of the speaker ~f that person continues to speak k Eqmpment, apparatus, or paraphernaha such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of the C~ty Council Chambers or of any other room in which the C~ty Council may choose to meet Representatives of the electromc medm may set up cameras and other eqmpment only ~n the back of the room It ~s perm~smble for telews~on camera operators to film for short periods of t~me (several m~nutes) fi.om the entranceway to the C~ty Council 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 ~t remmns out of s~ght and out of the way 1 There will be a uniformed C~ty of Denton police officer present at all regular meetings of the C~ty Council Thru pohce officer shall act ~n the capacity of a security officer/sergeant-at-arms, and shall enforce the meeting roles and act upon the d~rect~on of the presiding officer m Any person making personal, ~mpertment, profane, or slanderous remarks, or who becomes boisterous while addressing the C~ty Council or who otherwise wolates any of the above-mentioned roles 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 C~ty Council dunng that sesmon ofthe C~ty Council If the presiding officer fails to act, any member of the C~ty Council may move to reqmre the offending person's removal, and the affirmative vote ora majority of the City Council shall reqmre 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 C~ty Council, shall remove the offending person from the meeting 3 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 furmsh whatever assistance ~s needed to enforce the roles of decorum here~n estabhshed 3 5 ~qeat, ng Arrangement The City Secretary, C~ty Manager and C~ty Attorney shall occupy the respective seats ~n the Cotmcfl Chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats PAGE 5 4 TYPK~ OF NII~F~TIN~ 4 1 Regalar_Meetmgs The Council shall meet at s~x o'clock p m on the first and thtrd Tuesday of each month, with executive sessions (closed meetings) of the Cotmcd commencing at five fifteen o'clock p m, or at any other t~me set by the Cotmcd, unless the meeting is postponed or cancelled for valid reasons All regular meetings of the Councd wall be held m the Mumc~pal,Bmld~ng at 215 East McI~nney Street, or at such other location as the City Councd may, by motion, resolution or ordinance fi.om t~me to t~me designate 4 2 gpemal Meet~nga Special meetings may be called by the Mayor, the C~ty Manager, or by 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 provided 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 councd members may designate a location for the special meeting other than the Mumclpal Bmlthng as long as the location ~s open to the pubhc 4 3 Work~hop Meetmg~ Workshop meetings or work sessions may be called using the same procedure reqmred for special meetings (See Sec 4 2) The purpose of the workshop meeting ~s to d~scuss or explore matters of interest to the C~ty, to meet w~th C~ty Board, Comrmss~on, or Committee Members, C~ty staff or officers of c~wc orgamzat~ons, govermng bodies or ~nd~wduals spemfically lnwted to the session by the Mayor, Council or C~ty Manager These meetings are informational and normally, no final action shall be taken unless the posted agenda ~nd~cates otherwise Cmzens or other ~nterested persons attending the work session wall not be allowed to participate ~n the session unless ~nwted 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 councd meeting where the agenda provides for final action to be taken on the matter The purpose of flus procedure ~s to allow the citizens attending the regular meetmg the opportunity ofheanng the wews of their fellow c~t~zens ~n a more formal setting Any catlzen may supply the C~ty Council a written statement or report regarding the c~t~zen's op~mon on a matter being d~scussed in a work session If the Mayor ~nwtes c~tazens to participate ~n a work sesmon, their partmlpatlon wall cease at the point the Mayor closes the session to pubhc input to allow the Counml to g~ve City staff threct~on as to needed ~nformation for the possible future meeting without distracting comment fi'om the audience 4 4 Rrnergene. y Meetm£a In case of emergency or urgent pubhc necessity, wbach shall be expressed ~n the notme of the meeting, an emergency meeting may be called by the Mayor, the C~ty Manager or by three members of the Councd, and ~t shall be sufficient ff the not,ce ~s posted two hours before the meeting ~s convened 4 5 Clnaed Meetings The Councd 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 Reee~aaed Meetmgn Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting 4 7 Nnt~ee nfMeetmgn The agenda for all meetings, including Council Committee or Subcomrmttee 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 reqmrements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons 1999, as mended ) 5 PRF.~IDING OFFICER AND DUTIES 5 1 P_re. sutmg_D]Srmer The Mayor, or in 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 Pro-Tern, the Council 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 in Ins or her absence, by the Mayor Pro-Tem In the absence of both the Mayor and the Mayor Pro-Tern, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above 5 3 Pre~ervat, nn nf Order The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion The presiding officer shall call upon the Sergeant-at-Arms as necessary to enforce compliance with the roles contained herein 5 4 Pmnt,q nf Order The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council If any appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained?" If a majority of the members present vote "No", the mhng of the chmr is overruled, otherwise, it is sustained 5 5 Qne~t,cm~ tn he 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 ,quh,qt~tmn for Premdlng Officer The presiding officer may call any other member to take ~s or her place in the chmr, such substitution not to continue beyond adjournment 5 7 Call for Reees~ 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 PAGE 7 6 ORDER O!~ lllI~qlNI~,~S (Section 2-29 of the C~ty Code "City Councd Procedures, Order of Business") 6 1 (2-29(a)) Agenda The order ofbasmess &each meettng shall be as contained m the agenda prepared by the Ctty Manager, which shall be reviewed and approved by an Agenda Commtttee composed of the Mayor, one other member o£ the Ctty Councd selected by the Councd, and the City Manager The agenda shall be a hstlng by topm of subjects to be conmdered by the Council When items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed ttems shall be taken up tn the order of removal right after the consent agenda Placement of ttems on the agenda shall be governed by th~s Section and Section 6 3, provided that if a Councllmember has an "emergency" ttem that the Councllmember believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee Conduct of business at special meetings and Council Committees and subcommtttees will likewise be governed by an agenda and these Rules of Pro- cedure 6 2 (2-29(b)) Pledge of Allegiance Each agenda shall provide an item for the recttal of the "Pledge of Allegiance" at the regularly scheduled ctty council meettngs Tlus ttem shall begin wtth the recttal of the pledge of allegiance for the Umted States flag and shall follow wtth a recttal of the pledge of allegiance for the Texas state flag in accordance wtth article 6139 (b) of Vemons Annotated Texas Ctvil Statutes 6 3 (2-29(c)) Presentations by Mernher~ of Ccmnc,1 The agenda shall promde a t~me when the Mayor or any Counctlmember may bnng before the Council any bumness that he or she feels should be deliberated upon by the Counctl These matters need not be specffically hsted on the agenda, but discussion and formal actton on such matters shall be deferred until a subsequent Council meeting Any member may suggest an ttem for dmcusston at a future work session The Clty Manager or mty staff shall only respond prehmlnanly on this item at the work sesston If the City Council believes the item reqmres a more detmled review, the Councd will gtve the City Man- ager or Cxty Staff direction to place the item on a future regular meettng agenda and advise staff as to the background mat~mals to be destred at such meeting 6 4 (2-29(d)) Pre~entatmn by Citizens a (2-29(d)(1)) C,t, zen Repart~ Any person who wtshes to place a subject on the Council agenda at regular City Counctl meetings shall advise the City Manager's office of that fact and the spemfied subject matter whtch he or she desires to place on the agenda no later than 5 00 p m Wednesday prior to the Councd meeting at whmh he or she wxshes the designated subject to be considered A time for such cmzen reports shall be provtded on the agenda after the pledge of allegtance, approval of the minutes, and the presentation of proclamations Any speaker providing a clttzen report shall speak for no longer than five (5) rmnutes on all ttems that he or she may bnng before the Council at each meeting, unless the Mayor or the majority of the Council grants an extenston of time No citizen may fill out a "request to speak" form or have an opportumty to PAGE 8 speak or comment on another c~tlzen's report which ~s given at the same Council meeting b (2-29(d)(n)) ~qpeakmg on Reg'ular and Con,eot Agenda Items Any person who wishes to address the Council regarchng an ~tem that m on the Council's agenda for a regular or specml meeting, shall complete a "request to speak" form aslang to speak regarding the item and remm it to the City Secretary before the Council considers the item The Mayor will call upon the citizen to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Cotmc]l The provisions 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 also do not apply to workshop meetings, and a citizen's right to speak and provide input at those meetings shall be limited and controlled by Section 4 3 "Workshop Meetings" of this ordinance c (2-29(d)(m)) Any person who wishes 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 hearing The Mayor will call upon the citizen to speak for no longer than five (5) minutes 6 5 (2-29(e)) T~rne l.~rmt~ Speakers before the Council shall limit their remarks to five (5) rmnutes or less for public hearing ~tems and citizen reports C~tlzens speaking to a non-pubhc hearing agenda item shall limit their presentations to three (3) minutes or less 6 6 (2-29(0) Oral Pre,~entatmna hy C~ Manager Matters requlnng the Council's attention or action which may have developed after the deadline for delivery of the written communication to the Council may be presented orally by the City Manager If formal Council action on a subject is required, such action may be taken only If the provisions of the Texas Open Meetings Act have been satisfied 6 7 (2-29(g)) Pre~qentahon of Proelarnahonn 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 CON~IDFRATION OF ORDINANCES; RF~OI ,IITION,~: AND MOTION~q 7 1 Punted nr Typewritten Fnrm 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 Cotmcil Agenda for adoption 7 2 City Attorney tn 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 oplmon on the legality of such ordinance, resolution or contract poor to submission to the Council (Charter, Section 6 02) PAGE 9 7 3 Dmtnhntmn nf Ordmnnee~q and Re~qnlntmnn The City Manager shall prepare copies of all proposed ordinances and resolutions for chstnbutlon to all members of the Council at the meeting at winch the ordinance or resolution is introduced, or at such earlier time as is expedient 7 4 Recording of Votes The yeas and nays shall be taken upon the passage of all orchnances and resolutions and the vote of each member shall be recorded in the minutes (Charter, Section 2 06 (b)) 7 5 M~nnty Vnte. Reqmred All affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter or by the laws of the State of Texas (Charter, Section 2 06) 7 5 1 Tie-Vote Matters voted on by the City Council winch end in a tie-vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present 7 6 l~ll~l~fx~[l~ Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exceptmn of thn~e c~rcnm~tance.q .qet forth ~n .qee. tmn 7 12; The Prewmm Quaqtmn It shall not be in order for members to explain their vote dunng the roll call 7 7 Pemonal Pnwlege. The right of a member to address the Council on a question of personal pnwlege shall be limited to cases in winch Ins or her integrity, character, or motives are assmled, questioned, or impugned 7 8 Dm~ent~ and Prote.~t~q Any member shall have the right to express dissent fi.om or protest agmnst any ordinance or resolution of the Council and have the reason therefore entered upon the minutes Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to 7 9 Voting Rea2nred No member shall be excused fi.om voting except for lack of information and except on matters involving the consideration of Ins or her own official conduct, or where Ins or her personal interests are involved in accordance with Chapter 171, TEX GOV'T CODE ANN (Vemons 1999, as amended), and in these instances he or she shall abstmn Any member prol~bited fi.om voting by personal interest shall announce tIns at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter and shall leave the meeting room The member having briefly stated the reason for his or her request, the excuse fi.om voting shall be made without debate PAGE 10 7 10 Order nFPreeedenee nf'Mnhn~s a The following motions shall have pnonty m the order lnthcated 1 Adjoum (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 certmn time, 8 Commit or refer, 9 Amend, 10 Postpone lndefimtely, 11 Main Motion b The first two motions are not always privileged To adjourn shall lose its privilege character and be a mam motion if in any way qualffied To take a recess shall be privileged only other bus~ness m pending c A motion to adjourn ~s not in order 1 When repeated w~thout lntervemng business or discussion, 2 When made as an interruption of a member while speaking, 3 Wtule a vote is being taken d Only certmn motions may be amended as prowded in the most current edition of Robert's Rules of Order, rewsed A motion to amend shall be undebatable when the question to be amended ~s undebatable 7 11 Reconmderalmn A motion to reconsider any action of the Council can be made PAGE 11 not later than the next succeedang official meeting of the Council Such a motion can only be made by a member who voted with the prevmlmg side It can be seconded by any member In order to comply with the Texas Open Meetings Act, any Councflmember who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall nottfy the City Manager to place the item for reconsideration on the Council agenda No question shall be twice reconsidered, except by unammous consent of the Council, except that action related to any conhoact may be reconsidered at any time before the final execution thereof A matter which was not timely reconsidered m the manner provided by tlus section or was reconsidered but the action originally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of six (6) months unless flus role is suspended as provided for in these Rules of Procedure 7 12 The l~evlOll~q Qne,qtmn When the previous question is moved and seconded, it shall be put as follows "Shall the mmn quemon be now putg" There shall then be no further amendment or debate, except that nnthtng hereto ahall allow the prewmm qnegtmn to he called prmr tn a least one nppnrl~m~ for each member of the Council tn ?eak nn the oj~e~tmn before the Cnunell Any pending amendments shall be put in their order before the mmn 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 W~thdrawal nfMntmn~ A motion may be withdrawn, or modified, by its movant without askang permission until the motion has been stated by the Presiding Officer If the movant modifies bas or her motion, the seconding councllmember may withdraw hls or her second After the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council The subject d~fferent fi.om 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 Apprnprlatmn~q of Money Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing purpose of the appropriation In addition, before finally acting on such an appropriation, the Council shall obtain a report fi.om the City Manager as to the availability of funds and his or her recommendations as to the desirability of the appropnatton 7 15 Tran,qfer nf Apprnpnahnnn 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 appropriation 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 utility to any other purpose PAGE 12 CREATION O1~ COMMITTEE~: BOARDS AND COMMI~q~qlONS 8 1 Cnlme. H Cnmmfllee.~ The Council may, as the need muses, anthonze the appomtment of the "ad hoc" Council committees Any committee so created shall cease to exist upon the accomplishment of the special purpose for winch ~t was created or when abohshed by a majority vote of the Council 8 2 C.~t~zen l~loard~; C. nmmmmnn~; and Cnmm~ee,~ The Council may create other Committees, Boards and Commissions to assist ~n the conduct of the operation of the C~ty government w~th such duties as the Council may specify not ~ncons~stent w~th the C~ty Charter or Code Membersinps and select~on of members shall be as promded by the Council if not specffied by the C~ty Charter or Code Any Committee, Board, or Commission so created shall cease to ex~st upon the accomphshment of the spemal purpose for winch ~t was created, or when abolished by a majonty of the vote of the Council No Committee so appointed shall have powers other than advisory to the Council or to the C~ty Manager, except as otherwuse specffied by the Charter or Code 8 3 Appmntment~ a Indlwdual C~ty Councdmembers making nominations for members to citizen boards and commissions will consider ~nterested persons on a mtyw~de bas~s b The City Council wall make an effort to be inclusive of all segments of the commumty in the board and commission appointment process C~ty Councdmembers will conmder ethmc~ty, gender, soc~o-econom~c levels, and other factors to ensure a d~verse representation of Denton citizens c The C~ty Councd wall take ~nto consideration an ~ndlvldual's quahficatlons, wdhngness to serve, and apphcat~on mformat~on ~n selecting nom~natmns for membersinp to each board and connlusslon d In an effort to ensure max~murn C~tlzen participation, C~ty Councdmembers will continue the general practme of nominating new mtlZenS to replace board members who have served three consecutive, full terms on the same board e Each C~ty Councllmember will be responsible for makdng nominations for board and commission places assigned to inm or her, winch may correspond to the City Councllmember% place Indlwdual City Counc~lmembers w~ll make nominations to the full City Courted for the govermng body's approval or d~sapproval 8 4 Rule~ of Procedure Board and Commission members shall comply with the prowslons of Article III of Chapter 2 of the Code of Ordinances Each Board shall be provided a copy of these rules of procedure and each adwsory board shall adopt rules of procedure govermng PAGE 13 the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible 9 VOTl~,~q Ri?,QI IIRIE, B Questions on winch the voting reqmrement is vaned by the Charter, State Statutes and these rules are hsted below 9 1 Charter and .qtate ~qtah~tnry Ren2nrement~ a Charter Amendment - l~,ve Vnte.q Ordinances submlthng proposed Charter amendments must be adopted by a two-tinrds vote of the Councd (Article XI, Section 3, Texas Constitution and Chapter 9, Texas Local Government Code (Vemons 1999, as amended ) For a seven member Council, tins means five members must vote affirmatively b l,evymg Taxe~ - Five Vote~ Ordinances providtng for the assessment and collection of certmn taxes reqmre the approval of two-tinrds of the members of the Councd (Section 302 101, Texas Tax Code) (Vemons, 1999, as amended ) c Changing Paving A~e~qment Plan~q - F~ve Votes Changes m plans for paving assessment reqmre a two-tlurds vote of the Council (Sechon 313 053(e) Transportation Code, Vemons 1999, as amended ) d Change~ m Zoning Ch'&nanee or Zomng Cla~mfieatmrlS In cases of a written protest of a change ~n a zomng regulation or zomng elassfficat~on by the owners of twenty (20%) percent or more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the C~ty Council, six (6) votes of the C~ty Council ~s required to ovemde the decision of the Planmng and Zomng Commlssmn that a zomng change be demed e Amendment of Tax Abatement Pnhey The gmdehnes and criteria adopted as the C~ty's Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of all members of the City Council (Section 312 002(c)) Texas Tax Code {Vemons 1999, as amended ) 10 SEVERAIlTI,IT¥ CI,AII~E That ff any section, subsecUon, paragraph, sentence, clause, phrase or word in tins ordinance, or apphcat~on thereof to any person or circumstances is held mvahd by any court of competent junsd~cUon, such holding shall not affect the validity of the remmmng portmns of tins ordmance, and the C~ty Counc,1 of the C~ty of Denton, Texas, hereby declares it would have enacted such remmmng portions despite any such ~nvahdlty PAGE 14 ~ That Orthnances 74-48, 81-35, 90-026, 90-150, 92-115, and 93-073 are hereby repealed 8RCT/ON 3 That th~s Ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED thru the/~-~day of ~.~(~ ,2001. EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 15