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1996-257E \WPDOCS\OmO\CONSENT ORD NOTE Amended & consolidated by Ordinance No 2001-193 ORDINANCE NO - 757 AN ORDINANCE AMENDING ORDINANCE NO 94-183, AS AMENDED, BY AMENDING SECTION 2 6 OF THE RULES OF PROCEDURE OF THE CITY COUNCIL BY AUTHORIZING THE CONSENT AGENDA TO BE APPROVED BY ONE MOTION OF THE CITY COUNCIL, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR RETROACTIVE EFFECT, AND DECLARING AN EFFECTIVE DATE WHEREAS, because of the Czty Counczl's deszre to more effectively and eff~cmently serve the publzc through the medium of public meetings, the Council deems it in the public interest to amend the Rules of Procedure, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance No 94-183, as amended, ~s hereby amended by amending Section 2 6 "Questions to Contain One Subject" to read as follows 2 6 All questions submitted for a vote shall contazn one sub3ect, except the C~ty Council may approve all ~tems which are on the consent agenda in one motzon, regardless of how many subjects are contazned zn the consent agenda, so long as all items have been properly posted ~n accordance w~th the Texas Open Meetings Act and have not been removed from the consent agenda by a councllmember If two or more points are ~nvolved, any member may require a d~vlslon, ~f the question reasonably admzts of a dzv~slon SECTION II That save and except as amended hereby, all the sectzons, subsections, sentences, clauses, and phrases of Ordinance No 94-183, as amended, shall remazn in full force and effect SECTION III That thzs ordinance take effect from and after October 1, 1996, zmmedlately upon zts passage and approval PASSED AND APPROVED this the ~-/~day of /~~/~ 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY BY ~ AP~VED A/TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ORDINANCE NO ~/--'/~ AN ORDINANCE AMENDING ORDINANCE NO 94-183 AND SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AND ALL AMENDING ORDINANCES AND REPEALING AND CONSOLIDATING ORDINANCES 76-48, 81-35, 90-026, 90-150, 90-150, 92-115, 93-073, 94- 183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028 AND 2000-420, PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE WHEREAS, the Constitution and Laws of the State of Texas, and Section 2 07 of the City Charter of the City of Denton, Texas, authorize the City Council of smd City to promulgate and establish rules of procedure to govern and conduct meetings, order ofbumness, and decorum, while acting as a legmlatlve body representing smd City, and WHEREAS, because of its desire to more effectively and effimently 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 ORDAINS SlqCTIC}N 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 AIITtIORIT¥ 1 1 Charier. Pursuant to the provisions 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 opportumty shall be given for c~tlzens to be heard under these rules These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber mcluding the city admimstratlve staff, news media, and visitors 2 GENERAl. RIll,ES 2 1 Meetmg,~ to he Pnhhe All official meetmgs of the CotmcH and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetangs Act, Chapter 551, TEX GOV'T CODE ANN (Vemons Annotated Texas Civil Statutes 1999 (Vernons), as amended, shall be open to the public PAGE 1 2 2 Q. nn,m Four members of the Council shall constitute a quorum for the transactaon of business (Charter, Section 2 06) 2 3 Cnmpelhng A.endanee No member shall be excused fi.om attendance at a Council meeting except for good and valid reasons 2 4 Mlannnduc. t The Council may pumsh ~ts own members for misconduct 2 5 ~ An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered m a book constituting the official record of the Counml A cemfied agenda shall be prepared for all closed meetings and shall be approved by the Mayor ~n accordance w~th Chapter 552, TEX GOV'T CODE ANN (Vemons 1999), as amended 2 6 Qneatmna tn Contain One ~qnbject All questions submitted for a vote shall contmn one subject, except the C~ty Council may approve all items winch 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 ~n accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Councllmember If two or more pmnts are involved, any member may require a division, if the question reasonably adnuts of a division 2 7 R,ght of Floor Any member desmng to speak shall be recogmzed by the Chmrperson, and shall confine ins or her remarks to the subject under consideration or to be considered No member shall be allowed to speak more than once on any one subject until every member w~sinng to speak shall have spoken 2 8 C~W Manager The Clty 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 d~scussions of the Council, but shall have no vote (Charter. Section 5 03 (d)) 2 9 Ch~ Attorney The City Attomey, or Actang City Attorney, shall be avmlable upon request for all meetings of the Council unless excused and shall, upon request, give an oplmon, e~ther written or oral, on questions of law The City Attorney shall act as the Councd's parhamentanan 2 10 C~ 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 Oflleem and Frnployee~ 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 l~nle, at' Order These rules govern the proceedings of the Counml 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 ,qnupenumn of Rules Any prov~szon of these rules not govemed by the City Charter or Code may be ternporanly 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 of' Rule~q These rules may be amended, or new rules adopted by the affirmative vote of four members of the Council, prowded that the proposed amendments or new rules shall have been introduced before the C~ty Councd at a prior Council meeting 3 ~ODE Ol? ~.ONDIICT 3 1 C. cmnc~ Imemhem a Dunng Council meetings, Councllmembers shall preserve order and decomm and shall neither by conversation or otherwase delay or ~ntermpt the proceedings nor refuse to observe the rules of the CotmcH b A Councdmember, once recogmzed, shall not be ~ntermpted wbale speaking unless called to order by the Mayor or presiding officer, unless a pmnt 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 ~s called to order wbale he or she ~s speakang, he or she shall cease speakdng immediately tmtd the question of order ~s detenmned If ruled to be ~n order, he or she shall be permitted to proceed If ruled not to be in order he or she shall remmn silent or shall alter bas or her remarks so as to comply with rules of the Council 3 2 Admmm~rat~ve ~q/aff a Members of the Adrmmstrat~ve 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 recogmzed by the Chmr b Wbale the presiding officer shall have the authority to preserve decorum ~n meetmgs 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 bas or her d~rectmn and control c The C~ty Manager shall take such d~sc~phnary action as may be necessary to ~nsure that such decorum m preserved at all t~mes by City employees in Counml meetings PAGE 3 d All remarks and questions addressed to the Courted shall be addressed to the Council as a whole and not to any md~mdual member thereof e No staff member, other than a staff member having the floor, shall enter ~nto any d~scuss~on e~ther (hrectly or ~nd~rectly w~thout pernuss~on of the pres~rhng officer 3 3 a Citizens and other ws~tors are welcome to attend all pubhe meetings of the C~ty Council, and will be admitted to the City Councd Chamber or other room ~n which the C~ty Council is meeting, up to the fire safety capamty of the room b 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 refrmn from excessively loud private conversations while the Councd ~s m session c Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and s~mHar demonstrations shall not be permitted d Placards, banners, or mgns wall not be permitted ~n the C~ty Council Chamber or ~n any other room ~n whmh the C~ty Counml ~s meeting Exhibits, d~splays, and wsual rods used in connection w~th presentations to the C~ty Council, however, are permitted e Audience members may not place their feet on any chmrs ~n the C~ty Council Chamber or other room ~n whmh the City Councd ~s meeting f Only C~ty Council members and C~ty staffmay step on to the dins g All people w~sh~ng to address the C~ty Council shall first be recogmzed by the premd~ng officer and shall hm~t their remarks to the matter under d~scuss~on h All remarks and questions addressed to the C~ty Councd shall be addressed to the C~ty Council as a whole and not to any ~nd~wdual members 1 Any person addresmng the C~ty Councd m the C~ty Councd Chamber shall do so from the lectern unless physmally unable to do so People addressing the C~ty Councd shall not be permitted to approach the dins If they w~sh to hand out papers or other materials to the C~ty Council, they should express that desire to the presiding officer, and the C~ty Manager shall d~rect a staffmember to hand out PAGE 4 the materials When the time has expired for a presentation to the C~ty Counml, the presiding officer shall direct the person speaking to cease A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker ~f that person cont~nuas to speak k Eqmpment, apparatus, or paraphernaha such as camera tripods, easels, or wheelchmrs shall not obstruct, block, or otherwise be located ~n the doorway, entranceway, or walkways of the City Council Chambers or of any other room in which the C~ty Council may choose to meet Representatives of the electronic med~a may set up cameras and other eqmpment only ~n the back of the room It,s permissible for telews~on camera operators to film for short periods of time (several minutes) from the entranceway to the C~ty Council Chambers using hand- held cameras only Any radio station, whmh broadcasts the regular C~ty Council meetings live may hook their eqmpment up at the front of the room as long as it remmns out of saght and out of the way There will be a umformed City of Denton pohce officer present at all regular meetings of the City Council This pohce officer shall act ~n the capacity of a security officer/sergeant-at-arms, and shall enforce the meeting rules and act upon the direction of the presiding officer m Any person making personal, ~mpert~nent, profane, or slanderous remarks, or who becomes bmstemus while addressing the C~ty Council or who othe~v~se wolates any of the above-mentioned rules while attendmg a City Councd meeting shall be removed from the room at the direction of the presiding officer, and the person shall be barred from further audience before the C~ty Councd dunng that session of the City Councd If the presiding officer fads to act, any member of the City Council may move to require the offending person's removal, and the affirmative vote of a majority of the C~ty Council shall reqmre the presiding officer to act The sergeant-at-arms, ~fso directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the meetmg 3 4 P. nforeement The City Manager, ~n the absence of a demgnated law enfomement officer, shall act as Sergeant-at-Arms for the Councd, and shall furmsh whatever assistance is needed to enforce the rules of decorum herein estabhshed 3 5 Seating Arrangement The City Secretary, C~ty Manager and C~ty Attomey shall occupy the respective seats ~n the Council Chamber ass~gued to them by the Mayor, but any two or more members of the Counml may exchange seats PAGE 5 TY-PF.~ OF M~ETING~ 4 1 Re~m~lar Meetm~.q The Council shall meet at six o'clock p m on the first and tturd Tuesday of each month, w~th executive sass~uns (closed meetings) of the Council commencing at five fifteen o'clock p m, or at any other time set by the Council, unless the meeting postponed or cancelled for vahd reasons All regular meetings of the Council will be held m the Mumc~pal Bmld~ng at 215 East MeIrduney Street, or at such other location as the C~ty Council may, by moaon, resolution or ordinance fi.om time to time designate 4 2 SgecmLMeetmga 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 m written form, and he or she shall post not~ee thereof as provided by the Texas Open Meetings Act, [Chapter 55] TEX GOV'T CODE ANN, (Vemons 1999, as amended) The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than the Mumc~pal Budding as long as the locahon ~s open to the pubhe 4 3 Workahop Meet, ng~ 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 ~nterest to the C~ty, to meet w~th C~ty Board, Commission, or Committee Members, C~ty staff or officers of c~wc orgamzat~ons, govermng bodies or ~ndlwduals specifically ~nv~ted to the session by the Mayor, Council or C~ty Manager These meetings are mformat~onal and normally, no final action shall be taken unless the posted agenda mthcates otherwise C~t~zens or other ~nterested persons attending the work session will not be allowed to participate ~n the session unless ]nvtted to do so by the Mayor Cmzens should be adwsed 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 prowdes for final action to be taken on the matter The purpose of ttus procedure is to allow the cmzens attending the regular meeting the opportumty ofheanng the views of their fellow cmzens in a more formal setting Any citizen may supply the City Council a written statement or report regarding the cmzen's op~mon on a matter being dmcussed In a work session If the Mayor mwtes citizens to participate m a work session, their part]c~patmn will cease at the point the Mayor closes the session to pubhc input to allow the Council to g~ve City staff d~rect~on as to needed mformat~on for the possible future meeting wtthout dmtractmg comment fi'om the and]ence 4 4 Emerge. ney Meetmg.q In case of emergency or urgent pubhc necessity, which shall be expressed m the not~ce of the meeting, an emergency meeting may be called by the Mayor, the C~ty Manager or by three members of the Councd, and tt shall be sufficient ~f the not]ce Is posted two hours before the meeting m convened 4 5 U, In~ed MeetmEa The Council may meet ~n a closed meeting pursuant to the reqmrements of the Texas Open Meetangs Act, Chapter 551, TEX GOV'T CODE ANN (Vemons 1999), as amended PAGE 6 4 6 Recessed Meel~ng.q Any meeting of the Council may be recessed to a later time, promded that no recess shall be for a longer period than until the next regular meeting 4 7 Notme of Memmgs The agenda for all meetings, including Council Comamttee or Subcommittee meetings, shall be posted by the Oty Secretary on the C~ty's official bulletan board and notice of all meetings shall be g~ven by the C~ty Secretary pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vernons 1999, as amended ) 5 PRi~.~IDINC: Oi~FICF, R AND DIITIF,,q 5 1 Premdmg Officer The Mayor, or in the absence of the Mayor, the Mayor Pro- Tem, shall preside as chairman, or presid~ng officer at all meetings of the Council In the absence of both the Mayor and Mayor Pro-Tern, the Council shall elect a temporary pmsldmg officer (Charter, Section 2 03) 5 2 Call Ia Order The meetings of the Council shall be called to order by the Mayor, or in bas or her absence, by the Mayor Pro-Tern 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 presiding officer shall be elected as provided above 5 3 Pre~qervahon of Order The presid~ng officer shall preserve order and decorum, and confine members in debate to the question under discuss~on The presiding officer shall call upon the Sergeant-at-Arms as necessary to enforce comphance with the roles contained heroin 5 4 Pmnt~ 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 decmion of the presiding officer be sustmnedg" If a majority of the members present vote "No", the rulmg of the chair ~s overruled, otherwise, it is sustmned 5 5 l?~axaalmas22~SXat~ 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~qhh~tmn for Pre~dmg Officer The pms~dmg officer may call any other member to take Ins or her place in the chmr, such substitution not to continue beyond adjournment 5 7 Call for Reee~q.q The presiding officer may call for a recess of up to fifteen (15) m~nutes at regular intervals of approximately one hour at appropriate pmnts m the meeting agenda, or if requested by any two members PAGE 7 6 ORDER OF Rll,qlNE~q~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 meetmg shall be as contained in the agenda prepared by the C~ty Manager, wfuch shall be rewewed and approved by an Agenda Comrmttee composed of the Mayor, one other member of the C~ty Cotmefl selected by the Council, and the C~ty Manager The agenda shall be a hstmg by topic 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 ~tems shall be taken up m the order of removal right after the consent agenda Placement of ~tems on the agenda shall be governed by ttns Section and Section 6 3, prowded that ff a Councflmember has an "emergency" ~tcm that the Cotmcflmember 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 bumness at specml meetings and Councd Committees and subcommittees will hkew~se be governed by an agenda and these Rules of Pro- cedure 6 2 (2-29(b)) Pledge ,~f' ~.llegmnee Each agenda shall prowde an ~tem for the recital of the "Pledge of Allegmnce" at the regularly scheduled c~ty council meetings Th~s ~tem shall beg~n w~th the recital of the pledge of allegiance for the Umted States flag and shall follow with a recital of the pledge of alleggance for the Texas state flag ~n accordance with article 6139 (b) of Vernons Annotated Texas C~wl Statutes 6 3 (2-29(c)) Pre.qentalmnn hy MemBers of Council The agenda shall provide a ttme when the Mayor or any Councflmember may bnng before the Councd any bus~ness that he or she feels should be dehberated upon by the Council These matters need not be specffically hsted on the agenda, but thscuss~on and formal action on such matters shall be deferred tmtfl a subsequent Council meeting Any member may suggest an ~tem for d~scuss~on at a future work session The C~ty Manager or city staff shall only respond prehm~nanly on flus ~tem at the work session If the Clty Council believes the ~tem reqmres a more detmled review, the Council will give the Clty Man- ager or City Staff d~rect~on to place the ~tem on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeung 6 4 (2-29(d)) Pre.qentatmn by C~t~zen.q a (2-29(d)0)) C~t~zen Reports Any person who w~shes to place a subject on the Cotmcfl agenda at regular C~ty Cotmcfl meetings shall adwse the C~ty Manager's office of that fact and the specffied subject matter wfuch he or she desires to place on the agenda no later than 5 00 p m Wednesday prior to the Cotmcfl meeting at which he or she w~shes the des~guated subject to be considered A t~me for such citizen reports shall be prowded on the agenda after the pledge of allegiance, approval of the m~nutes, and the presentation of proclamattons Any speaker prowd~ng a mttzen report shall speak for no longer than five (5) rmnutes on all ~tems that he or she may bnng before the Councd at each meettng, unless the Mayor or the majority of the Council grants an extensmn of t~me No c~t~zen may fill out a "request to speak" form or have an opportumty to PAGE 8 speak or comment on another cltazen's report whmh as g~ven at the same Cotmcd meeting b (2-29(d)(11)) Speaking on Re~m]lar and (2nnaent Agenda ltema Any person who wishes to address the Cotmcfl regarding an atem that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form askang to speak regarchng the ~tcm and return at to the City Secretary before the Council considers the item The Mayor will call upon the c]tazen to speak for no longer than three (3) minutes as that partmular agenda item is considered by the C~ty Council The prows]ons ofttus paragraph do not apply to persons appeanng at a pubhc heanng m response to an offimal agenda notme or pubhcat~on The provisions ofttus paragraph also do not apply to workshop meetings, and a mt~zen's right to speak and provide ~nput at those meetings shall be llmated and controlled by Section 4 3 "Workshop Meetings" ofttus ordinance c (2-29(d)0n)) Any person who washes to address the Council at a pubhc heanng shall complete a "request to speak" form and return it to the C~ty Secretary before the apphcable heanng The Mayor will call upon the mtizen to speak for no longer than five (5) minutes 6 5 (2-29(e)) Time l.;m~ta Speakers before the Council shall hmlt their remarks to five (5) mmutes or less for pubhc heanng items and citizen reports Cmzens speaking to a non-pubhc hearing agenda atem shall lmut their presentations to three (3) m~nutes or less 6 6 (2-29(0) Oral Pre,qentatmng By C~ty Manager Matters requmng the Council's attention or actaon wtuch may have developed after the deadline for delivery of the written commumcation to the Council may be presented orally by the City Manager If formal Council action on a subject as reqmred, such actaon may be taken only if the prowsions of the Texas Open Meetings Act have been satisfied 6 7 (2-29(g)) pre~en]ahon of Proelamahon.q The agenda may prowde a time for the presentation of proclamations The Mayor or presiding officer may deliver and present proclamations upon the request of catizens Proclamatmns may encompass any actavlty or theme except that proclamations with a theme rehgious or part]san in nature shall not be presented Moreover, proclamations shall not be used for any commercial or advertising purpose 7 CON~I1)ERATION OF ORI)INANCF,~q: RE~OI .IITION,q: AND Mtr)TION~q 7 1 Pnnted or Typewritten Fnrrn All ordinances and resolutions shall be presented to the Counml m pnnted or typewritten form The Council may, by proper mot]on, amend any ordmance or resolution presented to it and d~rect that the amended ordinance be placed on the next Councd Agenda for adoption 7 2 C.~ty A]tnmey 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 submassaon to the Council (Charter, Section 6 02) PAGE 9 7 3 Dlstrlbntmn nf (3rdmanaea and Re~nlutmn~ The CI~ M~ager shall pr~e copies of all p~posed ordinates ~d resolu~ons for d~smbut~on to all members of ~e Co~cfl m · e meeting at w~eh ~e ordinate or resolution ~s ln~oduced, or at such e~h~ t~me ~ m exploit 7 4 ReanrdmE nf Vntea ~e ye~ ~d nays shall be t~en upon the p~sage of all ordinates ~d resolutmns ~d the vote of e~h member sh~l be recorded in ~e m~nutes (Ch~, Sec~on 2 06 ~)) 7 5 M~o.~ Vnte Re~l~red ~ affi~ative vote of fo~ (4) members is necess~ to r~eal ~y or&n~ce or t~e ~y o~cml action in ~e n~e of ~e C~ except as o~e~lse prowd~ m ~e Cheer or by ~e laws of~e State of Tex~ (Cheer, Section 2 06) 7 5 1 T~e-Vote Matters voted on by the CiW Co~cd whmh end m a tie-vote shall automatm~ly be placed on each subs~uent Co.cd meeting agenda until a ~11 Counml is present 7 6 D~an~ fnr Rnll Call Upofl dem~d of ~y member, ~e roll shall be c~led for ye~ ~d nays upon ~y question before the COCCI1, with the exaept~nn nfthnge mrenmgtaneeg get fo~h m g~lmn 7.12: The Prewmm Quegtmn It shall not be ~n order for members to explmn ~e~r vote dmng ~e roll call 7 7 Pe~nnal Pnwlege ~e n~t of a member to address ~e Co.cd on a question of pemonal pnwlege shall be hm~ted to c~es ~n whch h~s or her ~nte~, ch~acter, or motives ~e assmled, questioned, or ~mpu~ed 7 8 Dmgentg and Protegtg ~y member shall have the n~t to express d~ssent bom or protest agmnst ~y ordinate or resolution of the Co.cH ~d have the re.on ~erefom ~tered upon the minutes Such ~ssent or protest may be filed ~n ~t~ng, ~d presented to the Co.cd not later ~ the next mgul~ meeting following ~e date of passage of the ord~n~ce or resolution object~ m 7 9 Va~ng Reqmred No member shall be excused from voting exert for lack of ~nfo~at~on ~d exert on maxem ~nvolwng the consideration offs or hg om official conduct, or where ~s or her personal ~ntemsts ~e revolved ~n accord~ce w~ Chapter 171, TEX GOV'T CODE ~ ~emons 1999, as mendS), ~d m these ~nst~ces he or she shall abstmn ~y membg pro~b~ted ~om voting by pgsonal ~nt~est sh~l ~o~ce t~s at the co~encment of consideration of ~e ma~er ~d sh~l not enter ~nto d~scusmon or debme on ~y such ma~er ~d shall leave ~e mee~ng room The member having briefly stated the reason for h~s or her request, the excuse ~om voang shall be made w~thout debate PAGE 10 7 10 Order nfPree~denne nfMntmn~ a The following motions shall have priority in the order indicated 1 Adjoum (when unquahfied) and is not debatable and may not be amended, 2 Take a recess (when pnvdeged), 3 Raase a question of privilege, 4 Lay on the table, 5 Previous quemon (2/3 vote required), 6 Limit or extend limits of debate (2/3 vote required), 7 Postpone to a certain time, 8 Commit or refer, 9 Amend, 10 Postpone lndefimtely, 11 Mmn Motion b The first two motions are not always pnvdeged To adjourn shall lose its pnvdege character and be a main motion if in any way qualified To take a recess shall be pnwleged only other business is pending c A motion to adjoum is not in order 1 When repeated without lntervemng business or discussion, 2 When made as an interruption of a member while speakang, 3 While a vote is being taken d Only certain motions may be amended as provided in the most current edition of Robert's Rules of Order, revised A motion to amend shall be undebatable when the question to be amended is undebatable 7 11 Ree, nn~qlderatmn A motion to reconsider any action of the Council can be made PAGE 11 not later than the next succeeding official meeting of the Council Such a motion can only be made by a member who voted with the prevmlmg side It can be seconded by any member In order to comply wath the Texas Open Meetmgs Act, any Councllmember who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notafy the Coty Manager to place the atem for reconsaderation on the Council agenda No question shall be twice reconsadered, except by unammous consent of the Council, except that actmn related to any contract may be reconsidered at any time before the final execution thereof A matter wluch was not tamely reconsidered in the manner provaded by this 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 sox (6) months unless tlms role as suspended as provaded for in these Rules of Procedure 7 12 The Prev, o,]~ Qne~tmn When the previous question as moved and seconded, it shall be put as follows "Shall the main question be now put?" There shall then be no further amendment or debate, except that nnthmg hereto ~hall allow the prevmu~ qneatmn tn he called poor to a lea~t one nppnrtumty for each member of the C~nunml to apeak on the que,qtmn Before the Cmme~l Any pending emendments shall be put ~n their order before the mmn question If the motaon for the premous questton as lost, the mmn question remains before the Council An affirmative vote of 2/3 of the Councal shall be required to move the previous question To demand the previous question ~s eqmvalent m effect to moving "That debate now cease, and the Council shall lmmedmtely proceed to vote on the pending motion" In practice, fins ~s done with the phrase "Call for the question", or simply saying "Question" 7 13 W~thdrawal of Motmn~ A motion may be w~thdrawn, or modffied, by ~ts movant without askmg permission until the motion has been stated by the Presiding Officer If the movant modifies Ins or her motaon, the seconding councdmember may withdraw his or her second After the questaon has been stated, the movant shall neither withdraw it nor modify it without the consent of the Councd The subject different fi'om that under consideration shall be adrmtted under color of amendment ^ motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be ~n order 7 14 Appropnatmn,~ of Money Before formal approval by the Council of motions providing for appropriation of money, anformat~on must be presented to the Council showing purpose of the appropriation In addatlon, before finally acting on such an appropriation, the Council shall obtmn a report fi.om the City Manager as to the avmlablhty of funds and his or her recommendations as to the deslrablhty of the appropnataon 7 15 Tran,~fer of Appropnatmn~ 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 appropnataon made for the use of one department, davlmon, or purpose, but no transfer shall be made of revenues or earnings of any non-tax supported public utthty to any other purpose PAGE 12 8 I ~ ~e Co.cfi may, ~ the ne~ roses, au~onze ~e appom~ent of ~e "ad hoc" Council co~ttees ~y co~ee so created shall cede to ernst upon ~e accomphs~ent of the specml p~ose for whch ~t w~ created or when abohshed by a majonW vote of~e Co~c~l 8 2 ~B~en Bnard~; ~nmmmmnnn~ and Comm~ttee~ The Co.ell may create o~er Co~ees, Bo~ds ~d Co~ss~ons to ~smt ~n ~e conduct of ~e operaaon of the Cl~ gove~ent w~ such duties as ~e Co~ml may spec~ not ~ncons~stent w~ the C1~ Cheer or Code Mombers~ps ~d select~on ofmmbers sMll be as provided by ~e Co~ml ffnot spemfied by the Cl~ Cheer or Code ~y Commee, Bo~d, or Co--ms,on so created shall cease to ex~st upon ~e accomplls~ent of ~e special p~ose for w~ch ~t w~ created, or when abohshed by a majon~ of ~e vote of ~e Co.cd No Commmee so appmnt~ shall have powem o~er th~ advlso~ to the Co~cd or to the C~ M~ager, except ~ othe~lse specified by ~e Cheer or Code 8 3 Appmn~ent~ a hd~wdual C~ Councflmmbers m~lng nominations for members to c~t~zen bo~ds ~d co~ss~ons w~ll consider interested persons on a c~de bas~s b ~e C~ Co~c~l will m~e ~ effort m be ~nclus~ve of all se~ents of~e co~m~ ~n the bo~d ~d co--ms,on appo~n~ent process C~ Councdmembers wall consider et~mW, gender, soc~o-econo~c levels, ~d other factors to ensue a d~verse r~resentat~on of Denton citizens c ~e C~W Co~cfi will t~e ~nto consideration ~ lnd~vldual's quahficat~ons, wdhn~ess to se~e, ~d apphcat~on info.at,on m selecting nominations for membe~h~p to each bo~d ~d CO~lSSlOn d ~ ~ effort to ensue m~m~ c~t~zen p~m~pat~on, C~ Counm~embers w~ll continue ~e general pracace of nominating new c~t~z~s to r~lace bo~d memb~s who have s~ed ~ee consecutive, ~11 te~s on ~e sine bo~d e Each C~ Counc~lmember wall be responsible for m~ng nominations for bo~d ~d com~ss~on places ~s~ed to ~m or her, which may co~espond m ~e C~ Co~m~emb~'s place ~d~wdual C~W Councflmembers will m~e nominations to the ~11 C~ Co.cd for ~e gove~ng body's approval or d~sapproval 8 4 Rnle~ of Procedure Bo~d ~d Co~lsslon members shall comply w~th ~e provisions of ~cle IH of Chapter 2 of the Code of Ord~n~ces Each Bo~d sh~l be prowd~ a copy of ~ese roles of proced~e and each adv~so~ bo~d shall adopt roles of procedure govem~ng PAGE 13 the operation of~ts board, incorporating Sections 2, 3, 5, and 7 hereof ~nsofar as ~s possible 9 Vt'}TE,q R~,O_I IIRI~,F} Questions on winch the voting reqmrement ~s vaned by the Charter, State Statutes and these rules are hsted below 9 1 Charter and State Statutory Rea?rements a Charter Amendment - DSve Vote.g Ordinances subm~tting proposed Charter amendments must be adopted by a two-tlnrds vote of the Council (Amcle XI, Section 3, Texas Consmutmn and Chapter 9, Texas Local Government Code (Vemons 1999, as amended ) For a seven member Cottncll, tills means five members must vote affirmatively b l,ev3n~ n£ Taxes - F~ve Votes Ordinances providing for the assessment and collection of certmn taxes require the approval of two-tlnrds of the members of the Council (Sectmn 302 101, Texas Tax Code) (Vemons, 1999, as amended ) C Changing Pawns Assessment Plans - F~ve Vnteg Changes in plans for paxqng assessment require a two-thirds vote of the Council (Section 313 053(e) Transportation Code, Vemons 1999, as amended ) d Changes m Zoning C)rdmance or Zoning Clagmficatmng In cases of a written protest of a change in a zomng regulation or zoning classification 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 adjolmng the same and exten&ng two hundred feet (200') therefi'om, such amendment shill not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council, six (6) votes of the C~ty Council is reqmred to ovemde the decision of the Planmng and Zomng Commission that a zomng change be demed e Amendment of Tax Abatement Pohcy The guldehnes and criteria adopted as the City's Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of all members of the C~ty Council (Section 312 002(c)) Texas Tax Code (Vemons 1999, as amended ) 10 gI~,VI~R ARII JTY CI,AIISE That ff any section, subsection, paragraph, sentence, clause, phrase or word ~n this ordinance, or apphcatlon thereof to any person or clmumstances is held lnvahd by any court of competent junsd~ctton, such hol&ng shall not affect the vahd~ty of the remalmng portions of tins ordinance, and the City Council of the C~ty of Denton, Texas, hereby declares ~t would have enacted such remmmng portions despite any such lnvab&ty PAGE 14 ~ That Ordinances 74-48, 81-35, 90-026, 90-150, 92-115, and 93-073 are hereby repealed .ql:t. CTION 3_ That tins Orchnance shall become effective immediately upon ~ts passage and approval EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 15