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1996-057E \~PDOC$\ORD\PhfDGE O NOTE Amended & consolidated by Ordinance No 2001-193 ORDINANCE NO ~-~ 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 THE PLEDGE OF ALLEGIANCE WILL INCLUDE BOTH A RECITAL OF THE PLEDGE TO THE UNITED STATES FLAG AND TO THE TEXAS FLAG, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton has determined that it would be in the public interest to begin each meeting with a pledge of allegiance to both the United States flag and to the state flag of Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance No 94-183 is hereby amended by amending Section 6 2 "Pledge of Allegiance" to read as follows Section 6 2 Pledge of Allegiance Each agenda shall provide an item for the recital of the "Pledge of Allegzance" at the regularly scheduled Council meetings This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with article 6139(b) of Vernons Annotated Texas Civil Statutes SECTION II That save and except as amended hereby, all the sections, clauses, and phrases of Ordinance No 94-183 shall remain in full force and effect SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the~'~ day of ~, 1996 ATTEST HERBERT L PROUTY, CITY ATTORNEY 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, anthonze the City Council of smd City to promulgate and establish roles of procedure to govern and conduct meetings, order ofbumness, and decorum, wlule acting as a legislative body representing smd City, and WHEREAS, because of its desire to more effectively and efficiently serve the public through the medium of public meetings, it has become necessary to amend and consolidate all amendments of the City Council Rules of Procedure, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDA1NS SECTION 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 into one Ordinance known as the Denton City Council Rules of Procedure to read as follows 1 AIITIIORITV 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 roles of procedure for all meetings of the City Cotmcd of the City of Denton, Texas Dunng any meeting, 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 in the Council Chamber including the city admimstrative staff, news media, and visitors 2 Gi*,NF~R AI, RIII 2 1 Memm?q m he Pnhlm All official meehngs of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TE× GOV'T CODE ANN (Vemons Annotated Texas Civil Statutes 1999 (Vemons), as amended, shall be open to the pubhc PAGE 1 2 2 Qnnrnm Four members of the Council shall constitute a quorum for the transaction of business (Charter, Section 2 06) 2 3 Compelhng Attendance No member shall be excused fi.om attendance at a Council meeting except for good and valid reasons 2 4 Mmennduet The Council may pumsh tts own members for misconduct 2 5 Mmlll~/~LM/x~ags An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council A certified agenda shall be prepared for all closed meetings and shall be approved by the Mayor m accordance wtth Chapter 552, TEX GOV'T CODE ANN (Vemons 1999), as amended 2 6 Qneatmn,q tn ~nntmn One ,qn~ect All questions submitted for a vote shall contmn one subject, except the City Council may approve all items wluch 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 in 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 require a diwslon, if the question reasonably admits of a division 2 7 R~ght nf Flnor Any member deslnng 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 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 havelthe right to take part in all discussions of the Council, but shall have no vote (Charter, Section 5 03 (d)) 2 9 C~ty Anomey The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law The City Attomey shall act as the Council's parhamentanan 2 10 C~ty ,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 C}ffieer~ and F, mployee~q 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 reformation relating to matters before the Council P~GE 2 2 12 Rul~,a ~' Order These rules govem the proceedings of the Council in all cases, except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised shall govern 2 13 ~q.?ensmn nf Rulaq Any provision of these rules 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 Council 2 14 Amendment ofrnles These rules may be amended, or new rules adopted by the affirmatzve vote of four members of the Council, prowded that the proposed amendments or new rules shall have been mtroduced before the C~ty Cotmcfl at a prior Council meeting 3 CODE Ol~ ~.ONDIICT 3 1 Cmmmlmemher,q a Dunng Council meetings, Counmlmembers shall preserve order and decorum and shall neither by conversation or otherwise delay or ~ntermpt the proceedings nor refuse to observe the rules of the Council b A Councflmember, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is rinsed by another member or the parhamentanan, or unless the speaker chooses to y~eld to questions bom another member If a Couneflmember is called to order while he or she is speaking, he or she shall cease speakang immediately until the question of order is determined If ruled to be in order, he or she shall be perrmtted to proceed If ruled not to be in order he or she shall remmn silent or shall alter tus or her remarks so as to comply w~th rnles of the Council 3 2 Admmmtratlve Staff a Members of the Adrmmstratlve staff and employees of the City shall observe the same rules or procedure and decorum applicable to members of the Council, and shall have no voice unless and until recogmzed by the Chmr b Whtle the presiding officer shall have the authority to preserve decorum in 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 direction and control c The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings PAGE 3 d All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any md~wdual member thereof e No staff member, other than a staff member having the floor, shall enter into any discussion e~ther directly or mdtrectly without permass~on of the presiding officer Citizens and other ws~tors are welcome to attend all pubhc meetings of the City Council, and will be admitted to the City Council Chamber or other room ~n which 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 Conversations between or among audience members should be conducted outside the meeting room Attendees will refrain from excessively loud private conversations while the Council ~s m session Unauthorized remarks from the audience, stampang of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted Placards, banners, or signs wall not be permitted ~n the C~ty Council Chamber or m any other room in whmh the C~ty Council ~s meeting Exhibits, d~splays, and visual aids used ~n connectmn with presentations to the C~ty Council, however, are permitted Audience members may not place their feet on any chairs ~n the City Council Chamber or other room in which the City Council ~s meeting Only City Council members and City staffmay step on to the dais All people w~shmg to address the City Council shall first be recogmzed by the presiding officer and shall hm~t their remarks to the matter under discussion All remarks and questions addressed to the C~ty Council shall be addressed to the City Council as a whole and not to any ~nd~vldual members Any person addressing the C~ty Council ~n the C~ty Council Chamber shall do so from the lectern unless physmally 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 City 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 matenals When the time has expired for a presentation to the City Council, the presiding officer shall direct the person speakmg to cease A second request from the premd~ng officer to cease speaking shall be cause of the removal of the speaker ff that person continues to speak k Eqmpment, apparatus, or paraphemaha such as camera tripods, easels, or wheelchmrs shall not obstruct, block, or otherwise be located ~n the doorway, entranceway, or walk-ways of the City Council Chambers or of any other room in which the City Council may choose to meet Representatives of the electromc med~a may set up cameras and other eqmpment only in the back of the room It is permissible for television camera operators to film for short periods of t~me (several m~nutes) from the entranceway to the City Councd Chambers using hand- held cameras only Any radio station, whmh broadcasts the regular City Council meetings hve may hook their equipment up at the front of the room as long as ~t remains out of sight and out of the way There will be a uniformed C~ty of Denton pohce officer present at all regular meetrags of the City Cotmcd Thru pohce officer shall act in the capacity of a security officer/sergeant-at-arms, and shall enforce the meeting rules and act upon the &rectlon of the premd~ng officer m Any person making personal, ~mpertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the C~ty Councd or who otherwise wolates any of the above-mentioned rules whale attending a City Council meeting shall be removed from the room at the d~rectlon of the presiding officer, and the person shall be barred from further audience before the City Council dunng that session of the C~ty Council Ifthe presiding officer fads to act, any member of the C~ty Councd may move to require the offending person's removal, and the affirmative vote of a majority of the City Council shall reqmre the presiding officer to act The sergeant-at-arms, ~f so d~rected by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the meeting 3 4 l~nforeernent The C~ty Manager, ~n the absence of a designated law enfomement officer, shall act as Sergeant-at-Arms for the Councd, and shall furmsh whatever assistance ~s needed to enfome the roles of decorum herein established 3 5 ~ The City Secretary, City Manager and C~ty Attorney shall occupy the respectave seats ~n the Council Chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats PAGE 5 4 TYPES 01~ MEETINGS 4 1 l~e~m~lar Mee, tmg~ The Council shall meet at slx o'clock p m on the first and third Tuesday of each month, w~th executive sessions (closed meettngs) of the Council commencing at five fifteen o'clock p m, or at any other t~me set by the Council, unless the meeting is postponed or cancelled for valid reasons All regular meetings of the Council will be held in the Municipal Bmlding at 215 East McI<hnney Street, or at such other location as the City Council may, by motion, resolutton or ordinance fi.om tune to time designate 4 2 8peaml MeelmEa 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 in written form, and he or she shall post notme thereof as prowded by the Texas Open Meetings Act, [Chapter 55] TEX GOV'T CODE ANN, (Vernons 1999, as amended) The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than the Mumclpal Building as long as the location is open to the public 4 3 Work~hnp MeetmE~ 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 is to discuss or explore matters of ~nterest to the City, to meet with City Board, Commission, or Counmttee Members, City staff or officers of ClVm orgamzat~ons, govermng bodies or lndlwduals specifically ~nwted to the session by the Mayor, Council or City Manager These meetings are informational and normally, no final action shall be taken unless the posted agenda indicates otherwise Citizens or other ~nterested persons attendang the work session vail not be allowed to participate in the session unless lnwted to do so by the Mayor Citizens should be adwsed of the nature of the work session and that thetr ~nput may be received and considered at a regularly scheduled cotmcfl meeting where the agenda prowdes for final action to be taken on the matter The purpose of tlus procedure is to allow the citizens attending the regular meeting the opportumty ofheanng the views ofthelr fellow c~t~zens in a more formal setting Any Clttzen may supply the City Counml a written statement or report regarding the citizen's oplmon on a matter being discussed 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 pubhc input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment fi.om the audience 4 4 Fmergency Meetmg~q In case of emergency or urgent public necessity, wbach 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 Council, and ~t shall be sufficient if the notice is posted two hours before the meeting m convened 4 5 CIo~ed Meetmg~q The Counml may meet ~n a closed meetmg pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons 1999), as amended PAGE 6 4 6 l~eees~qed MeeHngs Any meeting of the Council may be recessed to a later t~me, prowded that no recess shall be for a longer period than until the next regular meeting 4 7 Nntme of Meetings The agenda for all meetings, ~ncluthng Council Committee or Subconmnttee meetmgs, shall be posted by the City Secretary on the City's official bulletin board and not,ce of all meetings shall be g~ven by the City Secretary pursuant to the reqmrements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vernons 1999, as mended ) 5 PRl~.~qlDlNf~ Oi?ICICER AND DIITIi~.~q 5 1 ~ The Mayor, or ~n the absence of the Mayor, the Mayor Pro- Tern, shall premde as chmrman, or preslrhng officer at all meettngs of the Council In the absence of both the Mayor and Mayor Pro-Tern, the Cotmml shall elect a temporary presiding officer (Charter, Section 2 03) 5 2 Call to Order The meetings of the Cotmcll shall be called to order by the Mayor, or in h~s or her absence, by the Mayor Pm-Tem In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the C~ty Secretary, and a temporary pres~dmg officer shall be elected as prowded above 5 3 Preservatmn of Order 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 enforce comphance w~th the rules contmned here~n 5 4 Points 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 ~s taken, the question shall be, "Shall the decision of the presiding officer be sustmnedg" If a majority of the members present vote "No", the ruling of the chmr is overruled, otherwise, ~t ~s sustmned 5 5 Quegtmn.q to ha ~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 guh~t~totmn for Presiding Officer The presiding officer may call any other member to take Ins or her place ~n the chmr, such subst~tutmn not to continue beyond adjoumment 5 7 Call for Recess The presiding officer may call for a recess of up to fifteen (15) m~nutes at regular intervals of approximately one hour at appropriate pmnts m the meeting agenda, or if requested by any two members PAGE 7 6 I'}RI~R Ol~ RII~qlNES~q (Section 2-29 of the City Code "City Council Procedures, Order of Business") 6 1 (2-29(a)) Agenda The order of business of each meeting shall be as contmned ~n the agenda prepared by the City Manager, wluch shall be reviewed and approved by an Agenda Counmttee composed of the Mayor, one other member of the City Counml selected by the Counml, and the Ctty Manager The agenda shall be a hsttng by topic of subjects to be considered by the Courted 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 in the order of removal right after the consent agenda Placement of items on the agenda shall be governed by ttus Section and Sectmn 6 3, prowded that ff a Counc~lmember has an "emergency" item 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 business at special meetings and Council Conumttees and subcommittees will hkewlsc be governed by an agenda and these Rules of Pro- cedure 6 2 (2-29(b)) Pledge of Allegmnee Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled c~ty council meetings Thru ~tem shall beg~n with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with article 6139 (b) of Vernons Annotated Texas Clvd Statutes 6 3 (2-29(c)) Pre~entatmns by Me, mhe, r~ nfCmmcd The agenda shall provide a time when the Mayor or any Councdmember may bnng before the Council any business that he or she feels should be dehberated upon by the Council These matters need not be specifically listed on the agenda, but thscusslon and formal action on such matters shall be deferred until a subsequent Council meeting Any member may suggest an item for discussion at a future work sessmn The C~ty Manager or city staff shall only respond prehmlnanly on ttus item at the work sessmn If the C~ty Council beheves the item requires a more detailed review, the Council will gtve the City Man- ager or C~ty Staffthrect~on to place the ~tem on a future regular meettng agenda and advise staff as to the background matenals to be desired at such meeting 6 4 (2-29(d)) l~a~Ia~mmt~&C~r~ a (2-29(d)0)) Cmzen Repart~ Any person who w~shes to place a subject on the Council agenda at regular C~ty Council meettngs shall advise the C~ty Manager's office of that fact and the specffied subject matter whmh he or she desires to place on the agenda no later than 5 00 p m Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered A t~me for such citizen reports shall be provided on the agenda after the pledge of allegiance, approval of the m~nutes, and the presentation of proclamations Any speaker prowdmg a citizen report shall speak for no longer than five (5) minutes on all items that he or she may brtng before the Councd at each meeting, unless the Mayor or the majority of the Counml grants an extension of t~me No citizen may fill out a "request to speak" form or have an opportumty to PAGE 8 speak or comment on another ClhZen's report whmh ~s g~ven at the same Councd meeting b (2-29(d)01)) gpeak,ng on Re~m,lar and Consent Agenda ltema Any person who wishes to address the Council regarding an ~tem that ~s on the Councd's agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarthng the ~tem and return ~t to the City Secretary before the Councd considers the item The Mayor will call upon the citizen to speak for no longer than three (3) rmnutes as that parhcular agenda ~tem ~s considered by the C~ty Cotmcd The prowslons ofttus paragraph do not apply to persons appeanng at a pubhc heanng m response to an officml agenda notice or pubhcat~on The prowsmns of fins paragraph also do not apply to workshop meetings, and a c~t~zen's right to speak and prowde ~nput at those meetings shall be hm~ted and controlled by Section 4 3 "Workshop Meetings" of ttus ordinance c (2-29(d)(m)) Any person who w~shes to address the Counml at a pubhc heanng shall complete a "request to speak" form and return ~t to the C~ty Secretary before the appbcable heanng The Mayor will call upon the mt~zen to speak for no longer than five (5) m~nutes 6 5 (2-29(e)) Time 1 ,~m~ta Speakers before the Council shall hrmt their remarks to five (5) minutes or less for pubhc heanng ~tems and mt~zen reports C~tlzens spealang to a non-pubhc heanng agenda ~tem shall hm~t their presentations to three (3) minutes or less 6 6 (2-29(f)) Oral Pre~entalmn,q by C~ Manager Matters reqmrmg the Councd's attention or action Much may have developed aRer the deadhne for dehvery of the written commumcat~on to the Councll may be presented orally by the C~ty Manager If formal Councd achon on a subject is required, such action may be taken only ff the provisions of the Texas Open Meehngs Act have been satisfied 6 7 (2-29(g)) Pre,~entatmn nf Prnelarnalmn~q The agenda may prowde a t~me for the presentation of proclamations The Mayor or presiding officer may dehver and present proclamations upon the request of mUzens Proclmnatmns may encompass any achwty or theme except that proclamations w~th a theme rehg~ous or parhsan In nature shall not be presented Moreover, proclamahons shall not be used for any commercial or advertising purpose 7 CON~I1)F, RATION OF ORI}INANC. E~: RF,~qOI ,IITION~: AND MOTION~q 7 1 Pnnted or Typewritten Form All ordinances and resolutions shall be presented to the Councd ~n pnnted or typewritten form The Council may, by proper motion, amend any ordinance or resolution presented to it and d~rect that the amended ordinance be placed on the next Councd Agenda for adoption 7 2 C~ Attorney tn Approve All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legahty by the C~ty Attorney, or he or she shall file a written op~mon on the legahty of such ordinance, resolution or contract poor to submission to the Cotmcd (Charter, Section 6 02) PAGE 9 7 3 Dmtnhntmn nf OrdmaneeR and ReRnlntmnR The City Manager shall prepare copies of all proposed ordinances and resolutions for dlstnbutlon to all members of the Cotm¢ll at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient 7 4 l:~eeordm~ of Vote~ 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~nn~ Vote Rea?red An affirmative vote of four (4) members ts 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, Sectton 2 06) 7 5 1 Tm-V,~te 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 is present 7 6 Demand for Roll Call Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exeeptmn nfthn~e e~renm~tanee~ ~et forth m geetmn 7.12~ The PrevmuR Qne~tmn It shall not be in order for members to explmn their vote dunng the roll call 7 7 Pexgnnal Pnwlege The right of a member to ad&ess the Council on a question of personal pnwlege shall be hm~ted to cases in which Ires or her integrity, character, or motives are assaded, questioned, or impugned 7 8 DmgentR and PrnteRtR Any member shall have the right to express dissent fi.om or protest agmnst any or&nance or resolutmn 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 followmg the date of passage of the ordznance or resolution objected to 7 9 Voting IRea2nred No member shall be excused fi.om voting except for lack of ~nformatlon and except on matters involving the consideration of his or her own official conduct, or where Ins or her personal interests are ~nvolved in accordance with Chapter 171, TEX GOV'T CODE ANN (Vemons 1999, as amended), and m these instances he or she shall abstain Any member protnblted fi.om voting by personal interest shall announce fins at the commencement of conslderatton 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 Ms or her request, the excuse fi.om voting shall be made without debate PAGE 10 7 10 Order nfPreeedenee nfMntmnu a The followng motions shall have pnonty in the order lnthcated 1 Adjourn (when unqualified) and is not debatable and may not be amended, 2 Take a recess (when pnvdeged), 3 Rinse 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 reqmmd), 7 Postpone to a certmn time, 8 Commit or refer, 9 Amend, 10 Postpone indefinitely, 11 Mmn Motion b The first two motions are not always pnvdeged 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 business is pending c A motion to adjourn is not in order 1 When repeated without intervening business or discussion, 2 When made as an interruption of a member while speaking, 3 Wh~le a vote is being taken d Only certmn motions may be amended as provided 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 is undebatable 7 11 Ree, on~deratmn A motion to reconsider any action of the Council can be made PAGE 11 not later than the next succeethng official meeting of the Cotmml Such a motaon can only be made by a member who voted w~th the prevmlmg side It can be seconded by any member In order to comply w~th the Texas Open Meetings Act, any Councllmember who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall not~fy the City Manager to place the ~tem for reconsideration on the Council agenda No question shall be twine reconsidered, except by unanimous consent of the Council, except that actton related to any contract may be reconsidered at any time before the final execution thereof A matter wlach was not t~mely reconsidered in the manner provided by tlas section or was reconsidered but the action ongqnally taken was not changed by the Cotmcd cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of six (6) months unless this role ~s suspended as provided for ~n these Rules of Procedure 7 12 ~ When the prewous question ~s moved and seconded, ~t shall be put as follows "Shall the mmn question be now put?" There shall then be no further amendment or debate, except that nothing herein ~qhall allow the prevmu~ o2m~tmn to he called poor tn a learn one n.npnmm~y For each member of the Cm~nc.H tn ~qpeak on the qne~tmn before the Cnune~l Any penchng amendments shall be put in their order before the main question If the motion for the previous question is lost, the main question remains before the Council An affirmative vote of 2/3 of the Council shall be required to move the previous question To demand the previous question is equivalent in effect to moving "That debate now cease, and the Council shall lmmedmtely proceed to vote on the pending motion" In practice, tlas ~s done with the phrase "Call for the question", or simply saying "Question" 7 13 Withdrawal nfMc~tmna A motion may be withdrawn, or modffied, by its movant without aslang permms~on until the motion has been stated by the Presiding Officer If the movant modifies las or her motion, the seconding councdmember may withdraw his or her second Afier the question has been stated, the movant shall neither w~thdraw it nor modify it without the consent of the Cotmcfl The subject different from that under consideration shall be admitted under color of amendment A motion to amend an amendment shall be m order, but one to amend an amendment to an amendment shall not be ~n order 7 14 Appropriations of Money Before formal approval by the Council of motions prowd~ng for appropriation of money, mformat~on must be presented to the Council showing purpose of the appropriation In addit~on, before finally acting on such an appropriation, the Council shall obtmn a report from the C~ty Manager as to the avmlabthty of funds and h~s or her recommendations as to the desirabthty of the appropriation 7 15 Tranafex of ^ppropnatmn~ At the request of the City Manager, at any t~me 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 comings of any non-tax supported public utthty to any other purpose PAGE 12 ~RI~,ATION OF C. OMMITTi~,i~,~: ROARD,q AND COMMISSIONS 8 1 Cnunml Comm~ee~ The Co~cfi may, ~ ~e need ~ses, au~onze ~e appolnment of ~e "M hoc" Co~cd com~ttees ~y co~mee so created sh~l cease to ex~st upon ~e accomphs~t of the spec~ p~ose for w~ch ~t w~ created or when abohshed by a majon~ vote of~e Co.cH 8 2 ~lt~zen ~nard~; Cnmmmmnn~; and CnmmlNee~ ~e Co.ell may create other Commees, Bo~ds ~d Co--tureens to ~s~st ~n the conduct of ~e operation of the Cl~ gove~mt wl~ such duties ~ ~e Co.cfi may spec~ not lnconsmtent wl~ ~e Cl~ Chmer or Code Memb~ps ~d selection ofmmbers sMll be ~ provided by ~e Co.cH if not specffied by ~e C~ Ch~ or Code ~y Co~Ree, Bo~d, or Co~mslon so created shall cede to exmt upon ~e accomphs~em of the ~ecml p~ose for w~ch ~t w~ created, or whm abohshed by a majon~ of the vote of the Co.cd No Co~mee so appmnt~ shall have powe~ o~er th~ adwso~ to ~e Co.ell or to the Cl~ M~ager, except as othe~lse specffied by the Cheer or Code 8 3 Appn~n~ent~ a ~d~wdu~ C~ Counc~lmembers m~ng nominations for members to c~t~zen bo~ds ~d co~sslons will consider ~nterested persons on a c~de bas~s b The C~ Councd will m~e ~ effo~ to be ~nclus~ve of all se~ents of~e co~m~ ~n the bo~d ~d corpsmen appmntment process C~ Counc~embers wall consider e~c~, gender, soc~o-~onomm levels, ~d other factom to ensue a d~verse r~resentat~on of Denton cltlzeBs c The C~ Co.cd will t~e ~nto cons~d~at~on ~ ~nd~wdu~'s quabficm~ons, wdhn~ess to se~e, ~d apphca~on ~nfo~ataon ~n selecting nominations for membership to each board ~d CO~ISS1OB d ~ ~ effo~ to ~s~e m~lmm c~t~zen p~m~pat~on, C~ Co~c~embers wall continue ~e g~al practme of no~nat~ng new c~t~zens to replace bo~d members who have se~ed ~ee consecu~ve, ~11 te~s on ~e sine bo~d e Each Cl~ Co~cllmember wall be responsible for m~ng nom~nmmns for bo~d ~d CO~lSS~On places asm~ed to hm or her, whch may co~espond to the C~ Co~c~ember's place Ind~wdual Cl~ Co~cHmemb~s will m~e nom~natmns to ~e ~11 C~ Co.cH for ~e govemng body's approval or dmapprov~ 8 4 Rule~ af Proeednre Bo~d ~d Co~ss~on members shall comply w~th the prows~ons of ~cle I~ of Chapter 2 of ~e Code of Ordinates Each Bo~d shall be prowded a copy of ~ese mles of procedure and each adwso~ bo~d shall adopt roles of proced~e govemng PAGE 13 the operation of~ts board, ~ncorporating Sections 2, 3, 5, and 7 hereof Insofar as is possible 9 VOTE~q REQIJIRED Questions on winch the voting reqmrement ~s vaned by the Charter, State Statutes and these roles are hsted below 9 1 Charter and ~qta/e ,qtatutnry Ren2nrement~q a Charter Amendment - Five Vnte~q Ordinances submltung 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.evy~ nE Taxe~q - Five Vntea Ordinances prowd~ng for the assessment and collection of certmn taxes reqmre the approval of two-tinrds of the members of the Councd (Sectmn 302 101, Texas Tax Code) (Vemons, 1999, as amended ) c Changing Paving A~.qaq~ment Plan~ - Five Vnte.q Changes ~n plans for pawng assessment require a two-tinrds vote of the Council (Section 313 053(e) Transportation Code, Vemons 1999, as amended ) d C. hange~ m Zoning Ordinance or Zoning Cla~q~qlfieatmn~ In cases of a written protest of a change ~n a zomng regulation or zomng classfficat~on by the owners of twenty (20%) percent or more e~ther of the area of the lots included ~n such proposed change, or of the lots ~mmed~ately 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 C~ty Counml, six (6) votes of the City Council ~s reqmred to ovemde the dems~on of the Planmng and Zomng Commms~on that a zoning change be demed e Amendment of Tax Abatement Pnhc, y The gmdehnes 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 C~ty Council (Section 312 002(c)) Texas Tax Code (Vemons 1999, as amended ) 10 SEVI~R ABILITY f~l ,Al I,~F~ That if any section, subsection, paragraph, sentence, clause, phrase or word ~n this ordmance, or apphcatlon thereof to any person or c~rcumstances ~s held ~nvahd by any court of competent junsd~ctmn, such holding shall not affect thc vahdlty of thc remmmng portmns of tins ordinance, and the C~ty Council of the C~ty of Denton, Texas, hereby declares ~t would have enacted such remmmng portions despite any such ~nvahdlty PAGE 14 SF_,C,_TIO_I:L~ That Ordinances 74-48, 81-35, 90-026, 90-150, 92-115, and 93-073 are hereby repealed ,ql~,CTION 3. That flus Ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED flus the /~-'-~day of ~fi'~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 15