1996-085 NOTE Amended by Ordinance No 98-246
E \WPDOCS\ORD\CITIZEN RUL
NOTE Amended & consolidated by Ordinance No 2001-193
AN ORDINANCE AMENDING ORDINANCE NO 94-183, AS AMENDED, AND SECTION
2-29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS
RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS, BY PROVIDING CERTAIN RULES ESTABLISHING THE ORDER
OF BUSINESS AND CLARIFYING TIME LIMITS ON PRESENTATIONS BY CITIZENS
BEFORE THE CITY COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Attorney General has ruled that the Texas Open
Meetings Act does not entitle the public either to choose the items
to be discussed before the Council or to speak about items on the
agenda, and
WHEREAS, the City Council deems it in the public interest to
establish rules providing citizens the right to speak at Council
meetings within certain time limits and under certain rules which
will preserve the ability of the Council to effectively and
efficiently conduct its public meetings, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S CTI~ That Ordinance No 94-183 is hereby amended by
amending Section 6 "Order of Business", sections 6 1 through 6 7,
inclusive, and amending Section 2 29 "City Council Procedures
Order of Business" of the Code of Ordinances of the City of Denton,
to read as follows
6 ORDER OF BUSINESS
6 1 AGenda [2-29(a)] The order of business of each meeting
shall be as contained in the agenda prepared by the City Manager,
which shall be reviewed and approved by an Agenda Committee
composed of the Mayor, one other member of the City Council
selected by the Council, and the City Manager The agenda shall be
a listing by topic of subjects to be considered by the Council
Placement of items on the agenda shall be governed by this Section
and Section 6 3, provided that if a Councllmember has an
"emergency" item 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
subcommittees will likewise be governed by an agenda and the rules
of procedure contained herein
6 2 Pledqe of Allegiance [2-29(b)] Each agenda shall
provide an item for the recital of the "Pledge of Allegiance" at
the regularly scheduled City Council meetings This item shall
begin with the recital of the pledge of allegiance for the United
States flag and shall follow with a recital of the pledge of
allegiance for the Texas state flag in accordance with article
6139(b) of Vernons Annotated Texas Civil Statutes
6 3 Presentations bv Members of the Council [2-29(c)] The
agenda shall provide a time when the Mayor or any Councllmember may
bring before the Council any bus~ness that he or she feels should
be deliberated upon by the Council These matters need not be
specifically listed on the agenda, but discussion and formal action
on such matters shall be deferred until a subsequent Council
meeting Any member may suggest an item for d~scuss~on at a future
work session The City Manager or City staff shall only respond
prellm~narlly on thls item at the work session If the C~ty
Council believes the item requires a more detailed review, the
Council will give the C~ty Manager or City staff d~rectlon to place
the item on a future regular meeting agenda and advise staff as to
the background materials to be desired at such meeting
6 4 Presentations by Cltlzens [2-29(d)]
(a) ~ztlzen Reports Any person who w~shes to place a
subject on the Council agenda at a regular City Counczl meeting
shall advise the C~ty Manager's office of that fact and the
speczfled subject matter which he or she desires to place on the
agenda no later than 5 00 p m on Wednesday przor to the Counczl
meeting at which he or she w~shes the designated subject to be
considered A time for such cltzzen reports shall be provzded on
the agenda after the pledge of allegiance, approval of the minutes,
and the presentatlon of proclamatzons Any speaker providing a
cltzzen report shall speak for no longer than five (5) mznutes on
all items that he or she may bring before the Council at each
meeting, unless the Mayor or the ma]orzty of the Council grants an
extension of time No citizen may fzll out a "request to speak"
form or have an opportunity to speak or comment on another
c~tlzen's report which ~s g~ven at the same Council meeting
(b) Speak~n~ on ReGular Aqenda Items Any person who
wishes to address the Council regarding an item that is on the
Council's non-consent agenda for a regular or special meeting,
shall complete a "request to speak" form asking to speak regardzng
the item and return zt to the City Secretary before the Council
considers the item The Mayor will call upon the c~t~zen to speak
for no longer than three (3) minutes as that particular agenda item
is considered by the C~ty Council The provisions of this para-
graph do not apply to persons appearing at a public hearing ~n
response to an official agenda notice or publlcatzon, nor shall any
person have a rzght to speak or provide ~nput on consent agenda
items, unless such items are removed from the consent agenda and
placed on the regular agenda by the City Council 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 llmlted and controlled by Section 4 3 "Workshop Meetings" of
this ordinance
(c) Speaklnq at Public Hearings Any person who wishes
to address the Counczl at a public hearing shall complete a
Page 2
"request to speak" form and return it to the City Secretary before
the applicable hearlng The Mayor will call upon the citizen to
speak for no longer than flve (5) m~nutes
6 5 Time Llmlts [2-29(e)] Speakers before the Council
shall l~mlt their remarks to f~ve (5) m~nutes or less for public
hearing ~tems and c~t~zen reports C~t~zens speaking to a non-
public hearzng agenda ztem shall lzmlt their presentations to three
(3) minutes or less
6 6 Oral Presentatlons by Czt¥ ManaGer [2-29(f)] Matters
requzrzng the Counczl's attention or action whzch may have
developed after the deadline for delivery of the written
commun~catlon to the Counczl may be presented orally by the City
Manager If formal Council action on a subject zs required, such
actzon may be taken only if the provlszons of the Texas Open
Meetings Law have been sat~sfzed
6 7 Presentation of Proclamations [2-29(g)] The agenda may
provzde a t~me for the presentatzon of proclamations The Mayor or
presldlng officer may dellver and present proclamatmons upon the
request of c~tzzens Proclamations may encompass any actzvlty or
theme except that proclamations with a theme rellgmous or partzsan
zn nature shall not be presented Moreover, proclamatzons shall
not be used for any commercial or advertzszng purpose
SECTION II That save an except as amended hereby, all of the
sectzons, clauses, and phrases of Ordinance No 94-183, as amended,
shall remain in full force and effect
SECTION III That thzs ordznance shall become effectzve
zmmedlately upon zts passage and approval
PASSEDAND APPROVED th~s the~day of ~ , 1996
ATTEST ~y
JENNIFER WALTERS, CITY SECRETARY
Page 3
ORDINANCE NO qff ~ ,~ c/~::)
AN ORDINANCE AMENDING ORDINANCE NOS 94-183 AND 96-085, AS AMENDED,
AND SECTION 2-29(d) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, BY PROVIDING THE OPPORTUNITY FOR CITIZENS TO SPEAK
BOTH ON REGULAR AGENDA AND CONSENT AGENDA ITEMS, AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City Council deems it in the pubhc interest to amend its rules of order to
provide for the opportunity for citizens to speak both on regular agenda and consent agenda
items, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Ordinance Nos 94-183 and 96-085 are hereby amended by amending
Section 6 4(b) "Presentations by Citizens" and amending Section 2-29(d) "City Council Proce-
dures Order of Business - Presentations by Citizens" of the Code of Ordinances of the City of
Denton, Texas to read as follows
Sec 6 4(b) Presentations by Citizens
Sec 2-29(d) City Council Procedures Order of Business - Presentations by Citizens
Sveakang on Rewalar A~,enda and Consent A~,enda Items Any person who wishes to ad-
dress the Council regarding an item that is on the Council's agenda for a regular or spe-
mai meeting, shall complete a "request to speak" form asking to speak regarding the item
and return it to the City Secretary before the Council considers the item The Mayor will
call upon the citizen to speak for no longer than three (3) minutes as that particular
agenda item is considered by the City Council The provisions of this paragraph do not
apply to persons appeanng at a public heanng in response to an official agenda notice or
pubheatlon The provisions of this paragraph do not apply to workshop meetings, and a
emzen's right to speak and provide input at those meetings shall be hm~ted and controlled
by Section 4 3 "Workshop Meetings" of this ordinance
SECTION II. That save and except as amended hereby, all of the sections, clauses, and
phrases of Ordinance Nos 94-183 and 96-057 and Section 2-29 of the Code of Ordinances of the
City of Denton shall remain in full force and effect
SECTION III. That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED th~s the /00~ day of~.~.._, 1998
JAC~'I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
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 AMEND1NG ORDINANCES AND REPEALING AND
CONSOLIDATING ORDINANCES 76-48, 81-35, 90-026, 90-150, 90-150, 92-115, 93-073, 94-
183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028 AND 2000-420,
PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the Constitution and Laws of the State of Texas, and Section 2 07 of the C~ty
Charter of the C~ty of Denton, Texas, authorize the C~ty Council of smd C~ty to promulgate and
estabhsh roles of procedure to govern and conduct meetings, order ofbus~ness, and decorum, wNle
acting as a legmlat~ve body representing smd C~ty, and
WHEREAS, because of ~ts desire to more effectively and effimently serve the pubhc
through the medium of pubhc meetings, ~t has become necessary to amend and consohdate all
amendments of the C~ty Councd Rules of Procedure, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
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 C~ty Code (Rules 6-2-6-7)are
hereby amended and consohdated ~nto one Ordinance known as the Denton C~ty Council Rules of
Procedure to read as follows
1 AI ITI-IORITV
1 1 C. harler. Pursuant to the prows~ons of Section 2 07 of the Charter of the C~ty of
Denton, Texas, the C~ty Council hereby enacts these roles of procedure for all meetings of the C~ty
Cotmcfl of the C~ty of Denton, Texas
Dunng any meeting, a reasonable opportumty shall be g~ven for c~t~zens to be heard under
these roles These Rules of Procedure are enacted as gmdehnes to be followed by all persons ~n the
Counml Chamber ~ncludmg the c~ty adm~mstrat~ve staff, news med~a, and ws~tors
2 Gi~,NE.R AI, RI ll,i?,g
2 1 Meetmg.q tn he Pnbhe All offimal meetings of the Council and Cotmcfl
committees and subcommittees, except closed meetings permmed by the provlmons of the Texas
Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons Annotated Texas C~wl
Statutes 1999 (Vemons), as amended, shall be open to the pubhc
PAGE 1
2 2 C~.]on]m 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 from attendance at a
Council meeting except for good and valid reasons
2 4 Mmeondnet The Council may punish its own members for m~sconduct
2 5 Mlpnte~ of MeefmgR An account of all proceethngs 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 in
accordance with Chapter 552, TEX GOV'T CODE ANN (Vemons 1999), as amended
2 6 Que,qtmn~ to Contain One ~qu~eet All quemons submitted for a vote shall
contmn one subject, except the C~ty Council may approve all items w[nch are on the consent
agenda ~n one motion, regardless of how many subjects are contmned in the consent agenda, so
long as all ~tems have been properly posted m accordance with the Texas Open Meetings Act and
have not been removed from the consent agenda by a Councllmember If two or more points are
involved, any member may reqmre a d~wmon, ~f the question reasonably admits of a thws~on
2 7 R~ght of Floor Any member desmng to speak shall be recogmzed by the
Chanperson, and shall confine [ns 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 untd every
member w~s[nng 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 ~n all d~scuss~ons of the Council, but shall have no vote (Charter,
Section 5 03 (d))
2 9 c~ Attorney The City Attorney, or Acting C~ty Attorney, 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 C~ty Attomey shall act as the Councffs
parhamentanan
2 10 C~ty Secretary The City Secretary, or Acting City Secretary, shall attend all
meetqngs of the Counml unless excused, and shill keep the offimal minutes and perform such other
duties as may be requested by the Council
2 11 Offieera and F, mployee~ Any officer or employee of the C~ty, when requested by
the C~ty Manager, shall attend any meeting of the Council If requested to do so by the C~ty
Manager, such employee may present ~nformat~on relating to matters before the Councd
PAGE 2
2 12 Rules.nf_C~ These roles govern the proceedings of the Council m all cases,
except that where these rules are silent, the most recent Edition of Robert's Rules of Order rewsed
shall govern
2 13 ~qn?en~mn r~f Rnle~ Any prows~on 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 ~nto the
minutes of the Council
2 14 Amendment nflRule.q These rules may be amended, or new rules adopted by the
affmnat~ve vote of four members of the Council, prowded that the proposed amendments or new
rules shall~have been introduced before the C~ty Council at a prior Cotmcfi meetang
3 CODE OF CONII1)'CT
3 1 Cnunedmemhem
a Dunng Council meetings, Councllmembers shall preserve order and decorum and
shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe
the roles of the Council
b A Councllmember, once recogmzed, shall not be ~ntermpted whale speaking unless
called to order by the Mayor or preslchng officer, unless a point of order ~s rinsed by another
member or the parhamentanan, or unless the speaker chooses to y~eld to questions from another
member If a Councllmember m called to order whale he or she is speakang, he or she shall cease
spealang immediately until the question of order is determined If ruled to be in order, he or she
shall be permitted to proceed If ruled not to be in order he or she shall remam silent or shall alter
has or her remarks so as to comply with rules of the Council
3 2 Adrmnl~qtrat~ve ,qtaff
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 Councd, and shall have no
voice unless and until recognized by the Chart
b Wlule the presiding officer shall have the authority to preserve decorum in
meetings as far as staffmembers and City employees are concemed, the City Manager also shall be
responsible for the orderly conduct and decorum of all C~ty employees under his or her direction
and control
c The C~ty Manager shall take such dismphnary action as may be necessary to insure
that such decorum is preserved at all t~mes by C~ty employees in Council meetings
PAGE 3
d All remarks and questtons 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
discussion e~ther d~rectly or lnd~rectly without permission of the presiding officer
3 3 I~.ltlzen~q
a Citizens and other wsltors are welcome to attend all public meetings of the City
Council, and will be admitted to the City Council Chamber or other room an
which the City Council is meeting, tip 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 as in session
c Unauthorized remarks from the audience, stamping of the feet, applauding,
whmtles, yells, and similar demonstrations shall not be permitted
d Placards, banners, or signs will not be permitted ~n the City Council Chamber or
~n any other room in which the City Council is meeting Exhibits, d~splays, and
v~sual aids used m connection with presentations to the City Council, however,
are permitted
e Audtence members may not place their feet on any chairs m the City Council
Chamber or other room m 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 hmit their remarks to the matter under discussion
h All remarks and questions addressed to the City Council shall be addressed to the
C~ty Council as a whole and not to any md~wdual members
Any person addressing the C~ty Council an the C~ty Council Chamber shall do so
from the lectern unless physically 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 matenals to the City Council, they should express that desire to
the presiding officer, and the City Manager shall direct a staffmember to hand out
PAGE 4
the materials
When the t~me has expared for a presentation to the Clty Cotmml, the presiding
officer shall d~rect the person speaking to cease A second request from the
pres~dang 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 an the doorway,
entranceway, or walkways of the Caty Council Chambers or of any other room ~n
whmh the C~ty CotmcH may choose to meet Representataves of the electromc
medm may set up cameras and other equipment only ~n the back of the room It is
permasmble for televmaon camera operators to film for short periods of t~me
(several minutes) from the entranceway to the C~ty Council Chambers using hand-
held cameras only Any radio station, whmh broadcasts the regular Caty Council
meetings live may hook thear eqmpment up at the front of the room as long as it
remmns out of s~ght and out of the way
There will be a umformed Caty of Denton pohce officer present at all regular
meetangs of the C~ty Cotmcfl Thru pohce officer shall act m the capacity of a
security officer/sergeant-at-arms, and shall enforce the meeting rules and act upon
the direction of the premdlng officer
m Any person making personal, ~mpert~nent, profane, or slanderous remarks, or who
becomes bmsterous while addressing the Caty Cotmcd or who otherwise wolates
any of the above-mentaoned rules while attending a City 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 City Council dunng that session
of the Caty Council If the presiding officer fads to act, any member of the Caty
Council may move to require the offending person's removal, and the affirmatave
vote ora majority of the C~ty Council shall require the presadlng officer to act
The sergeant-at-arms, ff so darected by the presiding officer or an affirmatave vote
of the majority of the City Council, shall remove the offendang person from the
meeting
3 4 F. nfnrceme, nt The City Manager, ~n the absence of a designated law enfomement
officer, shall act as Sergeant-at-Arms for the Council, and shall furnish whatever assistance is
needed to enforce the roles of decorum herean estabhshed
3 5 .qeatmg Arrangement The City Secretary, C~ty Manager and City Attorney shall
occupy the respectave seats an 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 017 MEETINTC. S
4 ] Re~m~lar Meetlng,q The Cotmcfl shall meet at SlX o'clock p m on the first and
third Tuesday of each month, with executive sessmns (closed meetings) of the Council
commencing at five fifteen o'clock p m, or at any other me set by the Councd, unless the meeting
is postponed or cancelled for vahd reasons All regular meetings of the Councd will be held m the
Mumclpal Budding at 215 East McK~nney Street, or at such other location as the City Counml may,
by motion, resolutton or ordinance from tune to ume designate
4 2 ~qpeclal Meetmg,q Special meetings may be called by the Mayor, the C~ty
Manager, or by any three members of the Councd The call for a special meeting shall be filed with
the City Secretary ~n written form, and he or she shall post notice thereof as provided by the Texas
Open Meot~ngs Act, [Chapter 55] TEX GOV'T CODE ANN, (Vemons 1999, as amended) The
Mayor, City Manager, or three of the cotmcd members may designate a location for the specml
meeting other than the Mumcipal Building as long as the location Is open to the public
4 3 2/3~,ah~,o~l~ Workshop meetings or work sessions may be called using
the same procedure required for specml meetings (See Sec 4 2) ,The purpose of the workshop
meeting is to discuss or explore matters of interest to the City, to meet w~th City Board,
Comm~ssion, or Commmee Members, City staff or officers of civic orgamzatlons, govermng
bodies or ~ndiwduals specifically invited to the session by the Mayor, Cotmcll or C~ty Manager
These meetings are xnformatlonal and normally, no final action shall be taken unless the posted
agenda indicates otherwise C~tlzens or other xnterested persons attending the work session will not
be allowed to participate in the session unless Invited to do so by the Mayor C~tlzens should be
adwsed of the nature of the work session and that their input may be received and considered at a
regularly scheduled councd meetxng where the agenda provides for final action to be taken on the
matter The purpose of this procedure is to allow the citizens attending the regular meeting the
opportumty of heanng the wews of their fellow mt~zens in a more formal setting Any c~t~zen may
supply the City Councd a written statement or report regarding the c~t~zen's op~mon on a matter
bemg discussed m a work session If the Mayor mwtes cxtlzens to partm~pate m a work session,
their parhcxpat~on wall cease at the pmnt the Mayor closes the session to pubhc input to allow the
Council to g~ve City staff direction as to needed xnformatlon for the possible future meeting without
d~stract~ng comment from the audience
4 4 Emergency Memmgs In case of emergency or urgent pubhc necessity, whmh
shall be expressed m the not~ce of the meeting, an emergency meeting may be called by the Mayor,
the City Manager or by three members of the Council, and ~t shall be suffiment if the notice ~s
posted two hours before the meeting is convened
4 5 U, ln,qed Meetmg,q 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 l?amej~sed~ellaga Any meeting of the Council may be recessed to a later time,
promded that no recess shall be for a longer period than untd the next regular meeting
4 7 NloBee of Meetmg~q The agenda for all meetings, ~ncludlng Council Committee or
Subcomnuttee meetings, shall be posted by the City Secretary on the C~ty's official bulletin board
and notice of all meetings shall be g~ven by the City Secretary pursuant to the requirements of the
Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons 1999, as mended )
5 pl~lI'llN~ Oi~I¢ICF. R Al'qI~ I}IITIE~q
5 1 Premdmg Officer The Mayor, or ~n the absence of the Mayor, the Mayor Pm-
Tem, shall preside as chmrman, or pres~thng officer at all meetings of the Councd In the absence
of both the Mayor and Mayor Pm-Tern, the Council shall elect a temporary presiding officer
(Charter, Section 2 03)
5 2 Call tn Order The meetmgs of the Cotmcd shall be called to order by the Mayor,
or m bas or her absence, by the Mayor Pro-Tem In the absence of both the Mayor and the Mayor
Pro-Tem, the meeting shall be called to order by the C~ty Secretary, and a temporary premdlng
officer shall be elected as prowded above
5 3 Pre~qervalmn of Order The premd~ng officer shall preserve order and decorum,
and confine members m debate to the question under d~scusslon The presiding officer shall call
upon the Sergeant-at-Arms as necessary to enforce comphance w~th the rules contamed here~n
5 4 Poml~ nf 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 decision of the presiding officer be sustmned?" If a majority of the members present
vote "No", the mhng of the chmr ~s overruled, otherwise, ~t ~s sustmned
5 5 Qne~tmn.~ to he .qta/ed The premd~ng 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.qt~tutmn for Pre.q~dmg Officer The presiding officer may call any other
member to take bas or her place ~n the chmr, such substitution not to continue beyond adjournment
5 7 Call for Recess The presiding officer may call for a recess of up to fifteen (15)
m~nutes at regular ~ntervals of approximately one hour at appropriate points ~n the meetxng agenda,
or ~f requested by any two members
PAGE 7
6 ORDER OF RI;~qlNESS (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 in the
agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda
Committee composed of the Mayor, one other member of the City Council selected by the Cotmcfl,
and the City Manager The agenda shall be a hstmg by top~c of subjects to be considered by the
Cotmcfl When items are removed fi.om the consent agenda and placed on the regular agenda by
members of the Council, the removed ttems shall be taken up m the order of removal right after the
consent agenda Placement of ~tems on the agenda shall be governed by this Section and Sectlon
6 3, provided that ff a Councflmember has an "emergency" item that the Councllmember beheves
should be placed on the next regular or specml meeting agenda, the placement must be approved by
two members of the Agenda Committee Conduct of bus~ness at special meetings and Council
Commmees and subcommmees will hkewlse be governed by an agenda and these Rules of Pro-
cedure
6 2 (2-29(b)) ~ Each agenda shall prowde an item for the recital of the
"Pledge of Allegiance" at the regularly scheduled city council meetings This item shall begin with
the recttal of the pledge of allegiance for the Umted States flag and shall follow with a recital of the
pledge of allegiance for the Texas state flag m accordance with article 6139 (b) of Vemons
Annotated Texas Civil Statutes
6 3 (2-29(e)) Pre,~entat~on~ hy Meraber~ nfCm~nefl The agenda shall provide a time when
the Mayor or any Councflmember 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 hsted on the
agenda, but d~scusslon and formal action on such matters shall be deferred until a subsequent
Council meeting Any member may suggest an item for d~scusslon at a future work session The
City Manager or c~ty staff shall only respond prehmlnanly on this item at the work session If the
City Council believes the ~tem requires a more detailed review, the Council will g~ve the City Man-
ager or City Staff direction to place the item on a future regular meeting agenda and advise staff as
to the background materials to be desired at such meeting
6 4 (2-29(d)) Presentat~nn hy C~t~zens
a (2-29(d)(0) Cmzen Rep. arts Any person who wishes to place a subject on the Cotmcfl
agenda at regular C~ty Council meetings shall adwse the C~ty Manager's office of that fact and the
specified subject matter which he or she desires to place on the agenda no later than 5 00 p m
Wednesday prior to the Councd meetmg at which he or she wishes the designated subject to be
considered A time for such cmzen reports shall be provided on the agenda after the pledge of
allegiance, approval of the unnutes, and the presentaUon of proclamations Any speaker providing
a citizen report shall speak for no longer than five (5) minutes 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 t~me No cmzen may fill out a "request to speak" form or have an opportumty to
PAGE 8
speak or comment on another mt~zen's report winch is given at the same Council meeting
b (2-29(d)(n)) ~qpeakmg nn Re~flar and (2nn~ent Agenda Ilem~ Any person who washes
to address the Council regarding an item that is on the Council's agenda for a regular or special
meeting, shall complete a "request to speak" form asking to speak regarding the item and return it
to the City Secretary before the Counml considers the item The Mayor will call upon the citizen to
speak for no longer than three (3) minutes as that particular agenda item is considered by the City
Council The proxaslons of tins paragraph do not apply to persons appeanng at a public heanng in
response to an official agenda notice or publication The provisions of tins paragraph also do not
apply to workshop meetings, and a citizen's right to speak and provide input at those meetings shall
be hnuted and controlled by Section 4 3 "Workshop Meetings" ofttus ordinance
c (2-29(d)0n)) 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 heanng
The Mayor will call upon the citizen to speak for no longer than five (5) minutes
6 5 (2-29(e)) T~me l,~m~t,q Speakers before the Council shall limit their remarks to five (5)
minutes or less for public heanng items and citizen reports Citizens speaking to a non-pubhc
heanng agenda item shall limit their presentations to three (3) minutes or less
6 6 (2-29(0) Oral Pre~entahon~ hy C~ty Manager Matters requmng the Councd's attention
or action winch 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
reqmred, such action may be taken only if the promslons of the Texas Open Meetings Act have
been satisfied
6 7 (2-29(g)) Pre~qentatmn of Proclamatmn,~ The agenda may provide a time for the
presentation of proclamations The Mayor or presiding officer may dehver 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~II)F, RATION OF ORI~INANCE~.. RF,~f)LIITIONS.. AND M()TION~
7 1 Pnnted nr Typewritten Fnrm All ordinances and resolutions shall be presented to
the Council m printed or typewritten form The Council may, by proper motion, amend any
orrhnance or resolution presented to it and direct that the amended ordinance be placed on the next
Council Agenda for adoption
7 2 C~ty Attorney 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 opimon on the legality of such ordinance, resolution or contract prior to
submission to the Council (Charter, Section 6 02)
PAGE 9
7 3 Dmtnhntmn nf Ordmance.~ and Re~nlatmn.~ The City Manager shall prepare
copies of all proposed ordinances and resolutions for dlstnbuhon to all members of the Council at
the meeting at wluch the ordinance or resolution is introduced, or at such earlier time as is
expedaent
7 4 Recnrthn~ nf Vntes The yeas and nays shall be taken upon the passage of all
ortflnances and resolutions and the vote of each member shall be recorded in the minutes (Charter,
Sectaon 2 06 Co))
7 5 M~nr~t?'. Vote Reqmred An affirmative vote of four (4) members as necessary to
repeal any ordinance or take any official action an the name of the Caty except as otherwise
prowded in the Charter or by the laws of the State of Texas (Charter, Section 2 06)
7 5 1 Tm-Vote Matters voted on by the City Council w}uch end an a tee-vote shall
automatically be placed on each subsequent Council meeting agenda until a full Cotmcfl m present
7 6 Demand for Rall Call Upon demand of any member, the roll shall be called for
yeas and nays upon any question before the Council, w~th the exaeptmn of thane n~raum~qtanee~ ~et
fnrth m geetmn 7 12: The Prewoua Qne~qtmn It shall not be an order for members to explmn thear
vote during the roll call
7 7 Pemnnal Pr~wle~e The right of a member to address the Council on a questaon of
personal privilege shall be limited to cases an w}uch }us or her integrity, character, or motives are
assmled, questioned, or ampugned
7 8 Dmnent~q and Pmte,~ta Any member shall have the right to express dassent fi:om or
protest against any ordanance or resolution of the Council and have the reason therefore entered
upon the minutes Such dmsent or protest may be filed m wntang, 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 3LalxngJteqat~ No member shall be excused from voting except for lack of
anformation and except on matters anvolvmg the consaderataon of has or her own officaal conduct, or
where }us or her personal ~nterests are ~nvolved ~n accordance wath Chapter 171, TEX GOV'T
CODE ANN (Vemons 1999, as amended), and m these ~nstances he or she shall abstmn Any
member prolu}uted fi:om votang by personal anterest shall announce this at the commencement of
consideration of the matter and shall not enter anto dascuss~on or debate on any such matter and
shall leave the meeting room The member havang briefly stated the reason for }us or her request,
the excuse fi.om voting shall be made w~thout debate
PAGE 10
7 10 Order of Precedence nfMn/mnn
a The following motions shall have priority in the order ~nd~cated
1 Adjourn (when tmquahfied) and is not debatable and may not be mended,
2 Take a recess (when privileged),
3 Rinse a question of privilege,
4 Lay on the table,
5 Prewous question (2/3 vote reqmred),
6 Llmat or extend limits of debate (2/3 vote mqmred),
7 Postpone to a certam t~me,
8 Comnut or refer,
9 Amend,
10 Postpone ~ndefimtely,
11 Main Motion
b The first two motions are not always pnwleged To adjourn shall lose ~ts pnwlege
character and be a main motion ~f ~n any way qualified To take a recess shall be pnwleged only
other business is pending
c A moUon to adjourn is not in order
1 When repeated w~thout ~ntervemng business or d~scussmn,
2 When made as an ~ntermpt~on of a member while speakdng,
3 Wlule a vote as being taken
d Only certmn motions may be amended as prowded m the most current edition of
Robert's Rules of Order, revised A motion to amend shall be undebatable when the question to be
amended ~s undebatable
7 11 Reeon~cleratmn A motion to reconsider any action of the Council can be made
PAGE 11
not later than the next succeeding offimal meeting of the Cotmcll Such a motion can only be made
by a member who voted w~th the prevailing side It can be seconded by any member In order to
comply with the Texas Open Meetings Act, any Councdmember who wishes to make such a
motion at a meeting succeeding the meeting where the action was taken shall notify the City
Manager to place the item for reconsideration on the Council agenda No question shall be twice
reconsidered, except by unammous consent of the Council, except that action related to any
contract may be reconsidered at any time before the final execution thereof A matter wbach was
not timely reconsidered in the manner provided by tbas section or was reconsidered but the action
onglnally taken was not changed by the Council cannot be reintroduced to the Council or placed on
a Council meeting agenda for a period of slx (6) months unless tlus role is suspended as provided
for in these Rules of Procedure
7 12 The Prewnn,q Qlm~tmn When the previous question is moved and seconded, it
shall be put as follows "Shall the main question be now put9'' There shall then be no further
amendment or debate, except that nnthm~ h~,rem ~hall allow the prewnu~ ojm~tmn to he eallecl poor
to a lea~t one nppnrtumly for each member nf the Cnnnc,~l tn ?eak on the ajm,qtlnn before the
Council Any pending amendments shall be put in their order before the main question If the
motion for the previous question is lost, the main question remains before the Council An
affirmative vote of 2/3 of the Council shall be required to move the previous question To demand
the previous question is equivalent m effect to moving "That debate now cease, and the Council
shall Immediately proceed to vote on the pending motion" In practace, tbas is done with the phrase
"Call for the question", or simply saying "Question"
7 13 W~thclrawal nfMnhnn~ A motion may be withdrawn, or modified, by its movant
without asking permission until the motion has been stated by the Presiding Officer If the movant
modifies bas or her motion, the seconding counmlmember may withdraw his 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 different from that under consideration shall be aduntted under color of
amendment A motion to amend an amendment shall be in order, but one to amend an amendment
to an amendment shall not be in order
7 14 Apprn.nrlai'mns nf 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 appropnatmn In addition, before finally acting on such an appropriation, the
Council shall obtmn a report from the City Manager as to the avmlabthty of funds and bas or her
recommendations as to the desirability of the appropriation
7 15 Transfer nf Apprnpnannn,q At the request of the City Manager, at any time
dunng the fiscal year, the Council may by resolutmn transfer an unencumbered balance of an
appropnataon 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
8 CREATION {'}iq' COMMITTEE~q.. BOARDS AND COMMI~q~qlON~q
8 I t2n, me, 1 C. omrmtteeg ~e Co~cd may, ~ ~e ne~ roses, authorize ~e
appmn~t of ~e "ad hoc" Co.cfi comttees ~y CO~lRee so created shall cease to ex~st
upon ~e accomphs~ent of the sp~ p~ose for w~ch ~t w~ created or when abohshed by a
majon~ vote of~e Co~cfl
8 2 ~lt~en Rnard~: Cnmmmmnn% and Cnmm~eeg ~e Co~cll may create other
Com~ees, Bo~ds md Co~smons to ~s~st m ~e conduct of ~e operation of ~e Cl~
gove~t w~ such duties ~ ~e Co~ml may spec~ not ~ncons~stent w~ ~e Cl~ ChUg or
Code Memb~s~ps md selection of members shall be ~ prowded by ~e Co.cfi ~f not ~eelfied
by ~e Cl~ Ch~ or Code ~y Co~lRee, Bogd, or Co~sslon so cmat~ sh~l cease to ex~st
upon the accomphs~ent of ~e specml pu~ose for whch ~t w~ create, or wh~ abohsh~ by a
majon~ of ~e vote of ~e Council No Co~ee so appointed shall have powem o~er th~
adwsou to ~e Co~cd or m the Cl~ M~ager, exc~t ~ o~e~se sp~ffied by ~e Cheer or
Code
8 3 Appo~n~ent~
a ~d~wdual C~ Co~cl~embe~ m~ng nommatmns for membe~ to cmzen bo~ds ~d
co~ms~ons will consider mt~ested p~ons on a m~de b~s
b ~e C~ Co.cd will m~e ~ effo~ to be ~nclus~ve of all se~ents of the co~ m
· e bo~d ~d co--ms,on appmn~ent process C~ Co~c~embers will conmder e~c~,
gender, socm-economlc levels, ~d o~er factors to ensue a d~verse r~resentaaon of Denton
CltlZens
c The C~ Co~cd w~ll t~e ~nto cons~deratmn ~ ~nd~wduaPs quahficatmns, wflhn~ess
to se~e, ~d apphcat~on ~nfo~at~on ~n selecting nominations for membership to each bo~d ~d
comsslon
d ~ ~ effo~ to ensure m~m~ c~t~zen p~c~pat~on, C~ Co~c~embers will
continue the gener~ practice of nommaang new citizens to r~lace bo~d members who have
se~ed ~ee consecutive, ~11 te~s on ~e sine bo~d
e Each C~ Councflmember will be responsible for m~ng nomlnaaons for bo~d ~d
co~ss~on places ~s~ to h~m or her, Much may co~espoM to the C~ Counm~ember's
pl~e ~d~wdual C~ Co~cllmembers wall m~e nom~natmns to ~e ~11 C1~ Council for ~e
gov~ng body's approval or d~sapprov~
8 4 Rule~ of Pmnedure Bo~d ~d Co~ss~on members shall comply w~ ~e
prowsmns of ~cle m of Chapter 2 of the Code of Ordinates Each Bo~d shall be prowd~ a
copy of these roles of proced~e ~d each adwso~ bo~d sh~l Mopt roles of proc~e govemng
PAGE 13
the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof ~nsofar as ~s possible
9 VC~Tlikq R li~.Ql IIRI~J}
Questions on winch the voting requirement Is vaned by the Charter, State Statutes and these
mles are listed below
9 1 Charier and .qtate ~qtah~tnry R en2nrement.q
a Charter Amendment - Five Vnte~ Ordinances subm~tung proposed Charter
amendments must be adopted by a two-flurds vote of the Council (Artmle XI, Section 3, Texas
Conmtut~on 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.ev?ng Taxe~ - Five Vote~q Ordinances providing for the assessment and collection of
certatn taxes require the approval of two-flurds of the members of the Council (Section 302 101,
Texas Tax Code) (Vernons, 1999, as amended )
c Changing Paving A.q~qe.q~qment Plan.q - Five Vnte~q Changes in plans for paving
assessment require a two-thirds vote of the Council (Section 313 053(e) Transportation Code,
Vemons 1999, as amended )
d Change~ m Zomng Ordinance or Zoning Cla~lficatmn.~ In cases of a written
protest of a change in a zomng regulation or zoning classffication 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 adjounng 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 City Council is required to ovemde the decision of the Planmng and Zomg
Commission that a zomng change be demed
e Amendment of Tax ABatement Policy The gmdelmes and criteria adopted as the
City's Tax Abatement Policy may be amended or repealed by a vote &three-fourths
(3/4) of all members of the City Council (Section 312 002(c)) Texas Tax Code
(Vemons 1999, as amended )
10 gEVERAlilI.TTY CI.AI l~i~.
That if any section, subsection, paragraph, sentence, clause, phrase or word in flus
ordmance, or appllcatlon thereof to any person or circumstances is held invalid by any court of
competent junsdlction, such holding shall not affect the validity of the remmmng portions of flus
ordinance, and the C~ty Councd of the C~ty of Denton, Texas, hereby declares ~t would have
enacted such rammmng pomons despite any such ~nvahdlty
PAGE 14
~ That Ordinances 74-48, 81-35, 90-026, 90-150, 92-115, and 93-073 are
hereby repealed
.q~.C~TION 3. That tlus Ordmance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED ttns the /~---~Z-day of ~'J~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 15