1990-0262881L
NOTE: Repealed by Ordinance No. 2001-193.
L40TE: THIS ORDINANCE AMENDED BY 94-183 -COPY OF WHICH IS ATTACHED.
NOTE: AMENDED BY ORDINANCE 93-073, A COPY OF WHICH IS ATTACHED.
ORDINANCE N0. _6 °a~
AN ORDINANCE PROVIDING RULES OF PROCEDURE FOR THE CITY COUNCIL OF
DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AMENDING ORDINANCE
NO. 81-35; 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 said City to promulgate and estab-
lish rules of procedure to govern and conduct meetings, order of
business, and decorum, while acting as a legislative body repre-
senting said City; and
WHEREAS, because of its desire to more effectively and
efficiently serve the public through the medium of public meet-
ings, it has become necessary to amend the rules of procedure;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I. Ordinance No. 81-35 is hereby amended to read as
follows:
1. AUTHORITY
1.1 Charter: 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.
During any meeting, a reasonable opportunity shall be given
for citizens to be heard under these rules. These Rules of Pro-
cedure are enacted as guidelines to be followed by all persons
in the Council Chamber including the city administrative staff,
news media, and visitors.
2. GENERAL RULES
2.1 Meetings to be Public: All official meetings of the
Council, except executive meetings or sessions permitted to be
closed by the provisions of the Texas Open Meetings Law, Article
6252-17, V.A.C.S., as amended, and all sessions of a Committee
of the Council shall be open to the public.
2.2 Quorum: Four members of the Council shall constitute
a quorum for the transaction of business. (Charter, Section
2.06)
2.3 Compelling Attendance: No member shall be excused
from attendance at a Council meeting except for good and valid
reasons.
2.4 Misconduct: The Council may punish its own members
for misconduct.
2.5 Minutes of Meetings: An account of all proceedings of
the Council shall be kept by the City Secretary and shall be en-
tered in a book constituting the official record of the Council.
A certified agenda shall be prepared for all executive sessions
and shall be approved by the Mayor in accordance with Art.
6252-17a (Vernon 's 1989).
2.6 Questions to Contain One Subject: All questions sub-
mitted for a vote shall contain only one subject. If two or
more points are involved, any member may require a division, if
the question reasonably admits of a division.
2.7 Right of Floor: Any member desiring to speak shall be
recognized by the airperson, and shall confine his or her re-
marks 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 CCit~ Manager: The City Manager, or Acting City
Manager, s~iall. attend all meetings of the Council unless ex-
cused. He may make recommendations to the Council and shall
have the right to take part in all discussions of the Council,
but shall have no vote. (Charter, Section 5.03(d))
2.9 Cit Attorne : The City Attorney, or Acting City
Attorney, s a 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
Attorney shall act as the Council's parliamentarian.
2.10 CiWall Secretary: The City Secretary, or Acting City
Secretary, atten all meetings of the Council unless
excused, and shall keep the official minutes and perform such
other duties as may be requested of him by the Council.
2.11 Officers and Employees: Any officer or employee of
the City, w en requested by to 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.
2.12 Rules of Order: These rules govern the proceedings of
the Council in a cases, except that where these rules are
PAGE 2
silent, the most recent Edition of Roberts Rules of Order
revised shall govern.
2.13 Suspension of Rules: 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 and noes and en-
tered in the minutes of the Council.
2.14 Amendment of Rules: These rules may be amended, or new
rules adopted by the a irmative vote of four members of the
Council, provided that the proposed amendments or new rules shall
have been introduced before the City Council at a prior Council
meeting.
3. CODE OF CONDUCT
3.1 Councilmembers:
(a) During Council meetings, Councilmembers shall preserve
order and decorum and shall neither by conversation or otherwise
delay or interrupt the proceedings nor refuse to observe the
rules of the Council.
(b) A Councilmember, once recognized, shall not be inter-
rupted while speaking unless called to order by the Mayor or
presiding officer, unless a point of order is raised by another
member or the parliamentarian, or unless the speaker chooses to
yield to questions from another member. If a Councilmember is
called to order while he is speaking, he shall cease speaking
immediately until the question of order is determined. If ruled
to be in order, he shall be permitted to proceed. If ruled to
be not in order, he shall remain silent or shall alter his re-
marks so as to comply with rules of the Council.
3.2 Administrative Staff:
(a) Members of the administrative 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 recognized by the Chair.
(b) While the presiding officer shall have the authority
to preserve decorum in meetings as far as staff members and City
employees are concerned, the City Manager also shall be respon-
sible for the orderly conduct and decorum of all City employees
under his 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
individual member thereof.
(e) No staff member, other than a staff member having the
floor, shall enter into any discussion either directly or indi-
rectly without permission of the presiding officer.
3.3 Citizens:
(a) Citizens are welcome and invited to attend all
meetings of the Council, and will be admitted to the Council
Chamber up to the fire safety capacity of the room.
(b) All citizens will refrain from private conversations
in the Chamber while the Council is in session.
(c) Citizens attending Council meetings shall observe the
same rules of propriety, decorum, and good conduct applicable to
the administrative staff. Any person making personal, imperti-
nent, or slanderous remarks or who becomes boisterous while
addressing the Council or while attending the Council meeting
shall be removed from the room if the Sergeant-at-Arms is so
directed by the presiding officer, and such person shall be
barred from further audience before the Council during that
session of the Council.
(d) Unauthorized remarks from the audience, stamping of
feet, whistles, yells, and similar demonstrations shall not be
permitted by the presiding officer, who shall direct the
Sergeant-at-Arms to remove such offenders from the room. In
case the presiding officer shall fail to act, any member of the
Council may move to require him to act to enforce the rules, and
the affirmative vote of four (4) members of the Council shall
require the presiding officer to act.
(e) No placards, banners or signs of any kind will be
permitted in the Council Chamber except exhibits, displays and
visual aids used in connection with presentations to the Council
provided that such exhibits, displays and visual aids do not
disrupt the meeting.
3.4 Enforcement: The City Manager, in the absence of a
designated law enforcement officer, shall act as Sergeant-at-Arms
for the Council, and shall furnish whatever assistance is needed
to enforce the rules of decorum herein established.
3.5 Seating Arrangement:
Manager and City Attorney stiall
the Council Chamber assigned to
The City Secretary, city
occupy the respective seats in
them by the Mayor, but any two
or more members of the Council may exchange seats.
PAGE 4
4. TYPES OF MEETINGS
4.1 Regular Meetings: The Council shall meet at seven
o'clock p.m. on the first and third Tuesday of each month or at
any other times set by the Council, unless postponed or canceled
for valid reasons. All regular meetings of the Council will be
held in the Municipal Building at 215 East McKinney Street.
4.2 Special Meetings: 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 with the
City Secretary in written form, and he shall post notice thereof
as provided by law.
4.3 Workshop Meetings: Regular workshop meetings are held
at five thirty o'clock p.m. on the first and third Tuesday of
each month. Other workshop meetings may be called using the
same procedure required for special meetings. (See Sec. 4.2)
The purpose of the workshop meeting is to discuss or explore
matters of interest to the City, to meet with a City Board or
Commission, or other group. These meetings are informational
and normally, no final action shall be taken.
4.4 Emergency Meetings: In case of emergency or urgent
public necessity, which shall be expressed in the notice of the
meeting, an emergency meeting may be called by the Mayor, the
City Manager or by three members of the Council, and it shall be
sufficient if the notice is posted two hours before the meeting
is convened.
4.5 Executive Meetings: The Council may meet in an execu-
tive meeting or session pursuant to the requirements of the
Texas Open Meetings Law. (Article 6252-17, V.T.C.S.)
4.6 Recessed Meetings: Any meeting of the Council may be
recessed to a later time, provided that no recess shall be for a
longer period than until the next regular meeting.
4.7 Notice of Meetings: The agenda for all meetings shall
be posted by the City Secretary on the City's official bulletin
board and notice of all meetings shall be given by the City
Secretary pursuant to the requirements of the Texas Open Meet-
ings Law. (Article 6252-17, V.T.C.S.)
5. PRESIDING OFFICER AND DUTIES
5.1 Presiding Officer: The Mayor, or in the absence of
the Mayor, the Mayor Pro-Tem, shall preside as chairman, or
presiding officer at all meetings of the Council. In the absence
of both the Mayor and Mayor Pro-Tem, the Council shall elect a
temporary presiding officer. (Charter, Section 2.03)
PAGE 5
5.2 Call to Order: The meetings of the Council shall be
called to order by t e Mayor, or in his 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 City Secretary, and
a temporary presiding officer shall be elected as provided above.
5.3 Preservation of Order: The presiding officer shall
preserve order an decorum, an confine members in debate to the
question under discussion. The presiding officer shall call upon
the Sergeant-at-Arms as necessary to enforce compliance with the
rules contained herein.
5.4 Points of Order: The presiding officer shall determine
all points o order, su ject to the right of any member to appeal
to the Council. If any appeal is taken, the question shall be,
"Shall the decision of the presiding officer be sustained?". If
a majority of the members present vote "No", the ruling of the
chair is overruled; otherwise, it is sustained.
5.5 Questions to be Stated: The presiding officer shall
state all questions submitted for a vote and announce the result.
A roll call vote shall be taken upon the request of any member,
and upon the passage of all ordinances and resolutions.
5.6 Substitution for Presiding Officer: The presiding
officer may ca any other member to take his place in the
chair, such substitution not to continue beyond adjournment.
5.7 Call for Recess: The presiding officer may call for a
recess of up to i teen (15) minutes at regular intervals of
approximately one hour at appropriate points in the meeting
agenda, or if requested by any two members.
6. ORDER OF BUSINESS
6.1 AA eend~a: The order of busin4
be as contained in the agenda prepared
agenda shall be a listing by topic of
by the Council. Conduct of business
likewise be governed by an agenda
contained herein.
:ss of each meeting shall
by the City Manager. The
subjects to be considered
at Special Meetings will
and rules of procedure
6.2 Presentations by Members of Council: The agenda shall
provide a time when the Mayor or any Council-member may bring be-
fore the Council any business that he 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.
6.3 Presentation by Citizens: Any person who wishes to
PAGE 6
place a subject on the Council agenda shall advise the City
Manager's Office of that fact and the specified subject matter
which he desires to place on the agenda no later than 5:00 P.M.
Wednesday prior to the Council meeting at which he wishes the
designated subject to be considered. Any person who wishes to
address the Council without having made this preparation must
have the unanimous consent of the Council and will be scheduled
after all other regular business on the agenda has been com-
pleted. This rule does not apply to anyone appearing at a
public hearing in response to an official agenda notice.
6.4 Time Limit: Speakers before the Council are requested
to limit their remarks to five (5) minutes or less.
6.5 Oral Presentations b City Mana er: Matters requiring
the Counci s attention or action which may have developed since
the deadline for delivery of the written communication to the
Council may be presented orally by the City Manager. If formal
Council action on a subject is required, such action may be taken
provided the provisions of the Texas Open Meetings Law have been
satisfied.
6.6 Presentation of Proclamations: The agenda may provide
a time for the presentation of proclamations. The Mayor or
Chairperson may deliver and present proclamations upon the re-
quest of citizens. Proclamations may encompass any activity or
theme except that proclamations with a theme religious or parti-
san in nature shall not be presented. Moreover, proclamations
shall not be used for any commercial or advertising purpose.
7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 Printed
resolutions shad
typewritten form.
ordinance or res(
amended ordinance
adoption.
or Typewritten
e presented -to
The Council may,
)lution presented
be placed on t
Form: All ordinances and
tFe- Council in printed or
by proper motion, amend any
to it and direct that the
he next Council Agenda for
7.2 City Attorney to Approve: All ordinances, resolutions,
and contracts an amendments thereto, shall be approved as to
form and legality by the City Attorney, or he shall file his
written opinion on the legality of such ordinance, resolution or
contract prior to submission to the Council. (Charter, Section
6.02)
7.3 Distribution of Ordinances and Resolutions: The City
Manager shall prepare copies of a 7l ordinances and
resolutions for distribution to all members of the Council at
the meeting at which the ordinance or resolution is introduced,
or at such earlier time as is expedient.
PAGE 7
7.4 Recording of Votes: The ayes and noes shall be taken
upon the passage o all ordinances and resolutions and the vote
of each member shall be recorded in the minutes. (Charter,
Section 2.06(b))
7.5 Majority Vote Required: An affirmative vote of four
(4) members s 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.
7.6 Demand for Roll Call: Upon demand of any member, the
roll shall be called or yeas and noes upon any question before
the Council. It shall not be in order for members to explain
their vote during the roll call.
7.7 Personal Privilege: The right of a member to address
the Council on a question of personal privilege shall be limited
to cases in which his integrity, character, or motives are as-
sailed, questioned, or impugned.
7.8 Dissents and Protests: Any member shall have the
right to express dissent from or protest against any ordinance
or resolution of the Council and have the reason therefor entered
upon the minutes. Such dissent or protest may be filed in writ-
ing, and presented to the Council not later than the next regular
meeting following the date of passage of the ordinance or reso-
lution objected to.
7.9 Voting Required: No member shall be excused from
voting except for lack of information and except on matters
involving the consideration of his own official conduct, or
where his personal interests are involved, and in these in-
stances he shall abstain. Any member prohibited from voting by
personal interest shall announce at the commencement of consid-
eration of the matter and shall not enter into discussion or
debate on any such matter. The member having briefly stated the
reason for his request, the excuse from voting shall be made
without debate.
7.10 Order of Precedence of Motions: (a) The following
motions shal have priority in the order indicated:
1. Adjourn (when unqualified) and is not debatable
and may not be amended;
2. Take a recess (when privileged);
3. Raise a question of privilege;
4. Lay on the table;
PAGE 8
5. Previous question (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 indefinitely;
11. Main motion.
(b) The first two motions are not always privileged. To
adjourn shall lose its privilege character and be a main motion
if in any way qualified. To take a recess shall be privileged
only when 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. While a vote is being taken.
(d) Can be amended - others cannot be amended.
(3) A motion to amend shall be undebatable when the ques-
tion to be amended is undebatable.
7.11 Reconsideration: A motion to reconsider any action of
the Council can be made not later than the next succeeding offi-
cial meeting of the Council. Such a motion can only be made by
a member who voted with the majority. It can be seconded by any
member. In order to comply with the Texas Open Meetings Law,
any Councilmember 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 unanimous consent of the Council, except that action related
to any contract may be reconsidered at any time before the final
execution thereof.
7.12 The Previous Question: When the previous question is
moved and seconded, it shall be put as follows: "Shall the main
PAGE 9
question be now put?". There shall then be no further amendment
or debate; but pending amendments shall be put in their order
before the main question. If the motion for the previous ques-
tion is lost, the main question remains before the Council. An
affirmative vote of three-fifths 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 immediately proceed to vote on the pending motion". In
practice, this is done with the phrase "Call for the Question",
or simply saying "Question".
7.13 Withdrawal of Motions: A motion may be withdrawn, or
modified, by its mover without asking permission until the motion
has been stated by the Presiding Officer. If the mover modifies
his motion, the seconder may withdraw his second. After the
question has been stated, the mover shall neither withdraw it
nor modify it without the consent of the Council. The subject
different from that under consideration shall be admitted under
color of amendment. A motion to amend an amendment shall be in
order, but one to amend an amendment to an amendment shall not
be in order.
7.15 Appropriations of Money: Before formal approval by
the Council of motions providing for appropriation of money,
information must be presented to the Council showing the purpose
of the appropriation. In addition, before finally acting on
such an appropriation, the Council shall obtain a report from
the City Manager as to the availability of funds and his recom-
mendations as to the desirability of the appropriation.
7.16 Transfer of Appropriations: At the request of the City
Manager, an within the last three 3) months of the budget 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 earnings
of any nontax supported public utility to any other purpose.
8. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS
8.1 Council Committees: The Council may, as the need
arises, authorize t e appointment of the "ad hoc" Council com-
mittees. Any committee so created shall cease to exist upon the
accomplishment of the special purpose for which it was created
or when abolished by a majority vote of the Council.
8.2 Citizen Boards, Commissions, and Committees: The
Council may create other Committees, Boards an Commissions to
assist in the conduct of the operation of the City government
with such duties as the Council may specify not inconsistent with
the City Charter or Code. Memberships and selection of members
PAGE 10
shall be as provided by the Council if not specified by the City
Charter or Code. Any Committee, Board, or Commission so created
shall cease to exist upon the accomplishment of the special pur-
pose for which it was created, or when abolished by a majority
of the vote of the Council. No Committee so appointed shall have
powers other than advisory to the Council or to the City Manager,
except as otherwise specified by the Charter or Code.
8.4 Rules of Procedure: Board and Commission members shall
comply with the provisions of Article III of Chapter I of the
Code of Ordinances. Each board shall be provided a copy of these
rules of procedure and each advisor's board shall adopt rules of
procedure governing the operation of its board, incorporating
Sections 2, 3, 5, and 7 hereof insofar as is possible.
9. VOTES REQUIRED
Questions on which the voting requirement is varied by the
Charter, State Statutes and these rules are listed below:
9.1 Charter and State Statutory Requirements:
(a) Charter Amendment - Five Votes: Ordinances submitting
proposed Charter amendments must be adopted by a two-thirds vote
of the Council. (Article XI, Section 3, Texas Constitution and
Article 1165, Revised Civil Statutes). For a seven member
Council, this means five members must vote affirmatively.
(b) Levying Taxes - Five Votes: Ordinances providing for
the assessment and collection o taxes require the approval of
two-thirds of the members of the Council. (Article 1033,
Revised Civil Statutes.)
(c) Changing Paving Assessment Plans - Five Votes:
Changes in plans or paving assessment require a two-thirds vote
of the Council. (Article 1105b, Section 10, Revised Civil
Statutes.)
(d) Changes in Zoning Ordinance or Zoning Classifications:
In cases of a written protest of a change in a zoning 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 adjoining the same and ex-
tending two hundred feet (200') therefrom, such amendment shall
not become effective except by the favorable vote of three-
fourths (3/4) of all members of the City Council: six (6) votes
of the City Council is required to override the decision of the
Planning and Zoning Commission that a zoning change be denied.
PAGE 11
10. RULES SUSPENSION OR AMENDMENT
10.1 Suspension of Rules: Any provision of these rules not
governed by the City C arter or Code may be temporarily suspended
by a majority vote of the Council. The vote on any such suspen-
sion shall be taken by yeas and noes and entered upon the record.
10.2 Amendment of Rules: These rules may be amended, or new
rules adopted by the a irmative vote of four (4) members of the
Council, provided that the proposed amendments or new rules shall
have been introduced into the record at a prior Council meeting.
11. SEVERABILITY CLAUSE
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity.
PASSED AND APPROVED this the 4644-'~ day of ,
1990.
e441'_
RAY S P 'NS , 1AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Aalae
APPR VED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: /
PAGE 12
J:\WPDOCS\ORD\CITIZEN.O
ORDINANCE NO. 9 3 'O 13
AN ORDINANCE AMENDING ORDINANCE NO. 90-026 RELATING TO RULES OF
PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS BY ADDING TO SEC-
TION 8 ENTITLED "CREATION OF COMMITTEES, BOARDS AND COMMISSIONS" A
SUBSECTION 8.3 PROVIDING GUIDELINES FOR NOMINATING CITIZENS; PRO-
VIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance No. 90-026 relating to Rules of
Procedure for the City Council of Denton, Texas is hereby amended
by adding to Section 8 entitled "Creation of Committees, Boards and
Commissions" a Subsection 8.3 providing guidelines for nominating
citizens is to read as follows:
8.3 Appointments:
(a) Individual City Councilmembers making nominations for
members to citizen boards and commissions will consider
interested persons on a citywide basis.
(b) The City Council will make an effort to be inclusive
of all segments of the community in the board and commis-
sion appointment process. City Councilmembers will con-
sider ethnicity, gender, socio-economic levels, and other
factors to ensure a diverse representation of Denton
citizens.
(c) The City Council will take into consideration an
individual's qualifications, willingness to serve, and
application information in selecting nominations for
membership to each board and commission.
(d) In an effort to ensure maximum citizen participation,
City Councilmembers will continue the general practice of
nominating new citizens to replace board members who have
served three consecutive, full terms on the same board.
(e) Each City Councilmember will be responsible for
making nominations for board and commission places
assigned to him or her, which may correspond to the City
Councilmember's place. Individual City Councilmembers
will make nominations to the full City Council for the
governing body's approval or disapproval.
SECTION II. That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the valid-
ity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION III. That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of
1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETA
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
PAGE 2
j:\wpdccs\ord\ccrules.ord
ORDINANCE NO. 01'1-14V,3
AN ORDINANCE AMENDING ORDINANCE NO. 90-026 RELATING TO RULES OF
PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AND
REPEALING ORDINANCES 93-073, 92-115, AND 90-150; 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 said city to promulgate and establish
rules of procedure to govern and conduct meetings, order of busi-
ness, and decorum, while acting as a legislative body representing
said City; and
WHEREAS, because of its desire to more effectively and effi-
ciently serve the public through the medium of public meetings, it
has become necessary to amend the rules of procedure; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I. Ordinance Numbers 93-073, 92-115, and 90-150 are
hereby repealed, and Ordinance Number 90-026 is hereby amended to
read as follows:
1. AUTHORITY
1.1 Charter: 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.
During any meeting, a reasonable opportunity shall be given
for citizens to be heard under these rules. These Rules of
Procedure are enacted as guidelines to be followed by all persons
in the Council Chamber including the city administrative staff,
news media, and visitors.
2. GENERAL RULES
2.1 Meetings to be Public: All official meetings of the
council and Council committees and subcommittees, except closed
meetings permitted by the provisions of the Texas Open Meetings
Act, Chapter 551, TEX. GOVT. CODE ANN. (Vernon 1994), as amended,
shall be open to the public.
2.2 uorum: Four members of the Council shall constitute a
quorum for the transaction of business. (Charter, Section 2.06)
2.3 Compelling Attendance: No member shall be excused from
attendance at a Council meeting except for good and valid reasons.
2.4 Misconduct: The Council may punish its own members for
misconduct.
2.5 Minutes of Meetings: 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 in accordance with Chapter 552, TEX.
GOV'T. CODE ANN. (Vernon 1994), as amended.
2.6 Ouestions to Contain One Subiect: All questions submit-
ted for a vote shall contain only one subject. If two or more
points are involved, any member may require a division, if the
question reasonably admits of a division.
2.7 Right of Floor: Any member desiring to speak shall be
recognized by the Chairperson, 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 City Manager: The City Manager, or Acting City Manager,
shall attend all meetings of the Council unless excused. He or she
may make recommendations to the Council and shall have the right to
take part in all discussions of the Council, but shall have no
vote. (Charter, Section 5.03 (d))
2.9 City Attorney: 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 Attorney
shall act as the Council's parliamentarian.
2.10 City 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 officers and Employees: 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.
2.12 Rules of Order: These rules govern 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 Suspension of Rules: Any provision of these rules not
governed by the City Charter or Code may be temporarily suspended
PAGE 2
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 of Rules: These rules may be amended, or new
rules adopted by the affirmative vote of four members of the
Council, provided that the proposed amendments or new rules shall
have been introduced before the City Council at a prior Council
meeting.
3. CODE OF CONDUCT
3.1 Councilmembers:
(a) During Council meetings, Councilmembers shall preserve
order and decorum and shall neither by conversation or otherwise
delay or interrupt the proceedings nor refuse to observe the rules
of the Council.
(b) A Councilmember, once recognized, shall not be interrup-
ted while speaking unless called to order by the Mayor or presiding
officer, unless a point of order is raised by another member or the
parliamentarian, or unless the speaker chooses to yield to ques-
tions from another member. If a Councilmember is called to order
while he or she is speaking, he or she shall cease speaking immedi-
ately until the question of order is determined. If ruled to be in
order, he or she shall be permitted to proceed. If ruled to be not
in order he or she shall remain silent or shall alter his or her
remarks so as to comply with rules of the Council.
3.2 Administrative Staff:
(a) Members of the Administrative staff and employees of the
City shall observe the same rules or procedure and decorum applica-
ble to members of the Council, and shall have no voice unless and
until recognized by the Chair.
(b) While the presiding officer shall have the authority to
preserve decorum in meetings as far as staff members and City em-
ployees are concerned, the City Manager also shall be responsible
for the orderly conduct and decorum of all City employees under his
or her direction and control.
(c) The City Manager shall take such disciplinary action as
may be necessary to insure that such decorum is preserved at all
times by City employees in Council meetings.
(d) All remarks and questions addressed to the Council shall
be addressed to the Council as a whole and not to any individual
member thereof.
PAGE 3
(e) No staff member, other than a staff member having the
floor, shall enter into any discussion either directly or indirect-
ly without permission of the presiding officer.
3.3 Citizens:
(a) Citizens are welcome and invited to attend all meetings
of the Council, and will be admitted to the Council Chamber up to
the fire safety capacity of the room.
(b) All citizens will refrain from private conversations in
the Chamber while the Council is in session.
(c) Citizens attending council meetings shall observe the
same rules of propriety, decorum, and good conduct applicable to
the administrative staff. Any person making personal, impertinent,
or slanderous remarks or who becomes boisterous while addressing
the Council or while attending the Council meeting shall be removed
from the room if the Sergeant-at-Arms is so directed by the presi-
ding officer, and such person shall be barred from further audience
before the Council during that session of the Council.
(d) Unauthorized remarks from the audience, stamping of
feet, applauding, whistles, yells, and similar demonstrations shall
not be permitted by the presiding officer, who shall direct the
Sergeant-at-Arms to remove such offenders from the room. In case
the presiding officer shall fail to act, any member of the Council
may move to require him or her to act to enforce the rules, and the
affirmative vote of four (4) members of the Council shall require
the presiding officer to act.
(e) No placards, banners or signs of any kind will be
permitted in the Council Chamber except exhibits, displays and
visual aids used in connection with presentations to the Council,
provided that such exhibits, displays and visual aids do not
disrupt the meeting.
3.4 Enforcement: The City Manager, in the absence of a
designated law enforcement officer, shall act as Sergeant-at-Arms
for the Council, and shall furnish whatever assistance is needed to
enforce the rules of decorum herein established.
3.5 Seating Arrangement: The City Secretary, City Manager
and City Attorney shall occupy the respective seats in the Council
Chamber assigned to them by the Mayor, but any two or more members
of the Council may exchange seats.
4. TYPES OF MEETINGS
4.1 Regular Meetings: The Council shall meet at seven
o'clock p.m. on the first and third Tuesday of each month or at any
PAGE 4
other times set by the Council, unless postponed or canceled for
valid reasons. All regular meetings of the Council will be held in
the Municipal Building at 215 East McKinney Street, or such loca-
tion as the City Council may by motion, resolution or ordinance
designate.
4.2 Special Meetings: 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 with the city secre-
tary in written form, and he or she shall post notice thereof as
provided by law.
4.3 Workshop Meetings: Workshop meetings or work sessions
may be called using the same procedure required for special meet-
ings. (See Sec. 4.2) The purpose of the workshop meeting is to
discuss or explore matters of interest to the City, to meet with a
City Board, Commission, or Committee Members, City staff or
officers of civic organizations, governing bodies or individuals
specifically invited 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 interested persons attending the work session
will not be allowed to participate in the session unless invited to
do so by the Mayor. Citizens should be advised of the nature of
the work session and that their input may be received and consid-
ered at a regularly scheduled council meeting where the agenda pro-
vides for final action to be taken on the matter. The purpose of
this procedure is to allow the citizens attending the regular
meeting the opportunity of hearing the views of their fellow
citizens in a more formal setting. Any citizen may supply the City
Council a written statement or report regarding the citizen's
opinion on a matter being discussed in a work session. If the
Mayor invites citizens to participate in a work session, their
participation will cease at the point the Mayor closes the session
to public input to allow the Council to give City staff direction
as to needed information for the possible future meeting without
distracting comment from the audience.
4.4 Emergency Meetings: In case of emergency or urgent
public necessity, which shall be expressed in the notice of the
meeting, an emergency meeting may be called by the Mayor, the City
Manager or by three members of the Council, and it shall be suf-
ficient if the notice is posted two hours before the meeting is
convened.
4.5 Closed Meetings: The Council may meet in a closed
meeting pursuant to the requirements of the Texas Open Meetings
Act, Chapter 551, TEX. GOVT CODE ANN. (Vernon 1994), as amended.
PAGE 5
4.6 Recessed Meetings: Any meeting of the Council may be
recessed to a later time, provided that no recess shall be for a
longer period than until the next regular meeting.
4.7 Notice of Meetings: The agenda for all meetings, inclu-
ding Council Committee or Subcommittee meetings, shall be posted by
the City Secretary on the City's official bulletin board and notice
of all meetings shall be given by the City Secretary pursuant to
the requirements of the Texas Open Meetings Act, Chapter 551 TEX.
GOVT CODE ANN. (Vernon 1994), as amended.
5. PRESIDING OFFICER AND DUTIES
5.1 Presiding Officer: The Mayor, or in the absence of the
Mayor, the Mayor Pro-Tem, shall preside as chairman, or presiding
officer at all meetings of the Council. In the absence of both the
Mayor and Mayor Pro-Tem, the Council shall elect a temporary presi-
ding officer. (Charter, Section 2.03)
5.2 Call to Order: The meetings of the Council shall be
called to order by the Mayor, or in his 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 City Secretary,
and a temporary presiding officer shall be elected as provided
above.
5.3 Preservation of Order: The presiding officer shall
preserve order and decorum, and confine members in debate to the
question under discussion. The presiding officer shall call upon
the Sergeant-at-Arms as necessary to enforce compliance with the
rules contained herein.
5.4 Points of Order: The presiding officer shall determine
all points of order, subject to the right of any member to appeal
to the Council. If any appeal is taken, the question shall be,
"Shall the decision of the presiding officer be sustained?". If a
majority of the members present vote "No", the ruling of the chair
is overruled; otherwise, it is sustained.
5.5 Ouestions to be Stated: The presiding officer shall
state all questions submitted for a vote and announce the result.
A roll call vote shall be taken upon the request of any member, and
upon the passage of all ordinances and resolutions.
5.6 Substitution for Presiding Officer: The presiding
officer may call any other member to take his or her place in the
chair, 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) minutes at regular intervals of
PAGE 6
approximately one hour at appropriate points in the meeting agenda,
or if requested by any two members.
6. ORDER OF BUSINESS
6.1 Agenda: The order of business of each meeting shall be
as contained in the agenda prepared by 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 Councilmember has
an "emergency" item that the Councilmember 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 subcom-
mittees will likewise be governed by an agenda and rules of pro-
cedure contained herein.
6.2 Pledge of Allegiance: Each agenda shall provide an item
for the recital of the "Pledge of Allegiance" at the regularly
scheduled city council meetings.
6.3 Presentations by Members of Council: The agenda shall
provide a time when the Mayor or any Councilmember may bring before
the Council any business 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 discussion at a future work session. The
City Manager or city staff shall only respond preliminarily on this
item at the work session. If the City Council believes the item
requires a more detailed review, the Council will give the City
Manager or City Staff direction to place the item on a future regu-
lar meeting agenda and advise staff as to the background materials
to be desired at such meeting.
6.4 Presentation by Citizens:
(a) Any person who wishes to place a subject on the Council
agenda at regular City Council meetings shall advise the City
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 Council meeting at which he or she
wishes the designated subject to be considered.
(b) Any person who wishes 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
council considers the item. The Mayor will call upon the citizen
to speak for no longer than three (3) minutes as that particular
PAGE 7
agenda item is considered by the City Council. The provisions of
this paragraph do not apply to persons appearing at a public
hearing in response to an official agenda notice or publication.
(c) Any person who wishes to address the Council at a public
hearing shall complete a "request to speak" form and return it to
the City Secretary before the applicable hearing. The Mayor will
call upon the citizen to speak for no longer than five (5) minutes.
6.5 Time Limits: Speakers before the Council are requested
to limit their remarks to five (5) minutes or less except for
citizens speaking to a non-public hearing agenda item, for which
presentations shall be limited to three (3) minutes or less.
6.6 Oral Presentations by City Manager: Matters requiring
the Council's attention or action which may have developed after
the deadline for delivery of the written communication to the
Council may be presented orally by the City Manager. If formal
Council action on a subject is required, such action may be taken
only if the provisions of the Texas Open Meetings Act have been
satisfied.
6.7 Presentation of Proclamations: The agenda may provide
a time for the presentation of proclamations. The Mayor or
presiding officer may deliver and present proclamations upon the
request of citizens. Proclamations may encompass any activity or
theme except that proclamations with a theme religious or partisan
in nature shall not be presented. Moreover, proclamations shall
not be used for any commercial or advertising purpose.
7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 Printed or Typewritten Form: All ordinances and resolu-
tions shall be presented to the Council in printed or typewritten
form. The Council may, by proper motion, amend any ordinance or
resolution presented to it and direct that the amended ordinance be
placed on the next Council Agenda for adoption.
7.2 City Attorney to Approve: All ordinances, resolutions,
and contracts and amendments thereto, shall be approved as to form
and legality by the City Attorney, or he or she shall file a writ-
ten opinion on the legality of such ordinance, resolution or con-
tract prior to submission to the Council. (Charter, Section 6.02).
7.3 Distribution of Ordinances and Resolutions: The City
Manager shall prepare copies of all proposed ordinances and
resolutions for distribution to all members of the Council at the
meeting at which the ordinance or resolution is introduced, or at
such earlier time as is expedient.
PAGE 8
7.4 Recording of Votes: 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 Mal ority vote Required: An affirmative vote of four (4)
members is necessary to repeal any ordinance or take any official
action in the name of the City except as otherwise provided in the
Charter or by the laws of the State of Texas. (Charter, Section
2.06).
7.5.1 Tie-Vote: Matters voted on by the City Council which
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. It shall not be in order for members to explain their
vote during the roll call.
7.7 Personal Privilege: The right of a member to address
the Council on a question of personal privilege shall be limited to
cases in which his or her integrity, character, or motives are
assailed, questioned, or impugned.
7.8 Dissents and Protests: Any member shall have the right
to express dissent from or protest against any ordinance or reso-
lution of the Council and have the reason therefore entered upon
the minutes. Such dissent or protest may be filed in writing, and
presented to the Council not later than the next regular meeting
following the date of passage of the ordinance or resolution
objected to.
7.9 Voting Required: No member shall be excused from voting
except for lack of information and except on matters involving the
consideration of his or her own official conduct, or where his or
her personal interests are involved, and in these instances he or
she shall abstain. Any member prohibited from voting by personal
interest shall announce at the commencement of consideration of the
matter and shall not enter into discussion or debate on any such
matter and shall leave the meeting room. The member having briefly
stated the reason for his or her request, the excuse from voting
shall be made without debate.
7.10 Order of Precedence of Motions:
(a) The following motions shall have priority in the order
indicated:
1. Adjourn (when unqualified) and is not debatable and
may not be amended;
PAGE 9
2. Take a recess (when privileged);
3. Raise a question of privilege;
4. Lay on the table;
5. Previous question (2/3 vote required);
6. Limit or extend limits of debate (2/3 vote re-
quired);
7. Postpone to a certain time;
8. Commit or refer;
9. Amend;
10. Postpone indefinitely;
11. Main Motion.
(b) The first two motions are not always privileged. To
adjourn shall lose its privilege character and be a main motion if
in any way qualified. To take a recess shall be privileged only
when other business is pending.
(c) A motion to adjourn is not in order:
1. When repeated without intervening business or dis-
cussion;
2. When made as an interruption of a member while
speaking;
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 Reconsideration: A motion to reconsider any action of
the Council can be made 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 prevailing side. It can be seconded by any
member. In order to comply with the Texas Open Meetings Act, any
Councilmember who wishes to make such a motion at a meeting suc-
ceeding 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 unani-
mous consent of the Council, except that action related to any
PAGE 10
contract may be reconsidered at any time before the final execution
thereof. A matter which was not timely reconsidered in the manner
provided by this section or was reconsidered but the action origin-
ally taken was not changed by the Council cannot be reintroduced to
the Council or placed on a Council meeting agenda for a period of
six (6) months unless this rule is suspended as provided for in
these Rules of Procedure.
7.12 The Previous Question: When the previous question is
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; but 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 three-fifths 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 immed-
iately proceed to vote on the pending motion". In practice, this
is done with the phrase "Call for the Question", or simply saying
"Question".
7.13 Withdrawal of Motions: 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
his or her motion, the seconding councilmember 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 Coun-
cil. The subject different from that under consideration shall be
admitted under color of amendment. A motion to amend an amendment
shall be in order, but one to amend an amendment to an amendment
shall not be in order.
7.14 Appropriations of Money: Before formal approval by the
Council of motions providing for appropriation of money, informa-
tion must be presented to the Council showing purpose of the ap-
propriation. In addition, before finally acting on such an ap-
propriation, the Council shall obtain a report from the City
Manager as to the availability of funds and his or her recommenda-
tions as to the desirability of the appropriation.
7.15 Transfer of Appropriations: At the request of the City
Manager, and within the last three (3) months of the budget 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 earnings of
any non-tax supported public utility to any other purpose.
8. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS
8.1 Council Committees: The Council may, as the need
arises, authorize the appointment of the "ad hoc" Council commit-
PAGE 11
tees. Any committee so created shall cease to exist upon the
accomplishment of the special purpose for which it was created or
when abolished by a majority vote of the Council.
8.2 Citizen Boards Commissions and Committees: The
Council may create other Committees, Boards and Commissions to
assist in the conduct of the operation of the City government with
such duties as the Council may specify not inconsistent with the
City Charter or Code. Memberships and selection of members shall
be as provided by the Council if not specified by the City Charter
or Code. Any Committee, Board, or Commission so created shall
cease to exist upon the accomplishment of the special purpose for
which it was created, or when abolished by a majority of the vote
of the Council. No Committee so appointed shall have powers other
than advisory to the Council or to the City Manager, except as
otherwise specified by the Charter or Code.
8.3 Appointments:
(a) Individual City Councilmembers making nominations for
members to citizen boards and commissions will consider interested
persons on a citywide basis.
(b) The City Council will make an effort to be inclusive of
all segments of the community in the board and commission appoint-
ment process. City Councilmembers will consider ethnicity, gender,
socio-economic levels, and other factors to ensure a diverse
representation of Denton citizens.
(c) The City Council will take into consideration an individ-
ual's qualifications, willingness to serve, and application infor-
mation in selecting nominations for membership to each board and
commission.
(d) In an effort to ensure maximum citizen participation,
City Councilmembers will continue the general practice of nominat-
ing new citizens to replace board members who have served three
consecutive, full terms on the same board.
(e) Each City Councilmember will be responsible for making
nominations for board and commission places assigned to him or her,
which may correspond to the City Councilmember's place. Individual
City Councilmembers will make nominations to the full City Council
for the governing body's approval or disapproval.
8.4 Rules of Procedure: Board and Commission members shall
comply with the provisions of Article III of Chapter 2 of the Code
of Ordinances. Each Board shall be provided a copy of these rules
of procedure and each advisory board shall adopt rules of procedure
governing the operation of its board, incorporating Sections 2, 31
5, and 7 hereof insofar as is possible.
PAGE 12
9. VOTES REQUIRED
Questions on which the voting requirement is varied by the
Charter, State Statutes and these rules are listed below:
9.1 Charter and State Statutory Requirements:
(a) Charter Amendment - Five Votes: Ordinances submitting
proposed Charter amendments must be adopted by a two-thirds vote of
the Council. (Article XI, Section 3, Texas Constitution and Arti-
cle 1165, Revised Civil Statutes). For a seven member Council,
this means five members must vote affirmatively.
(b) Levying Taxes - Five Votes: Ordinances providing for the
assessment and collection of taxes require the approval of two-
thirds of the members of the Council. (Article 1033, Revised Civil
Statutes).
(c) Changing Paving Assessment Plans - Five Votes: Changes
in plans for paving assessment require a two-thirds vote of the
Council. (Article 1105b, Section 10, Revised Civil Statutes).
(d) Changes in Zoning Ordinance or Zoning Classifications:
In cases of a written protest of a change in a zoning 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 adjoining the same and extending two hun-
dred feet (2001) therefrom, such amendment shall not become effec-
tive except by the favorable vote of three-fourths (3/4) of all
members of the City Council; six (6) votes of the City Council is
required to override the decision of the Planning and Zoning Com-
mission that a zoning change be denied.
10. SEVERABILITY CLAUSE
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity.
PASSED AND APPROVED this the JL14%jay o 44A/_~ 1994.
PAGE 13
ORDINANCE NO. M - f
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 said City to promulgate and
establish rules of procedure to govern and conduct meetings, order of business, and decorum, while
acting as a legislative body representing said 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 ORDAINS:
sF.CTION 1 _ That Ordinance Numbers 94-183, 96-045, 96-057, 96-085, 96-257, 98-246,
98-325, 98-415, 99-028, and 2000-420 and Section 2-29 of the City Code (Rules 6-2-6-7)are
hereby amended and consolidated into one Ordinance known as the Denton City Council Rules of
Procedure to read as follows:
1. ATTTHORTTY
1.1 Charter: 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.
During any meeting, a reasonable opportunity shall be given for citizens to be heard under
these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the
Council Chamber including the city administrative staff, news media, and visitors.
2. GFNERAL RITLES
2.1 Meetings to be Public: All official meetings of the Council and Council
committees and subcommittees, except closed meetings permitted by the provisions of the Texas
Open Meetings Act, Chapter 551, TEX. GOV'T. CODE ANN. (Vernon Annotated Texas Civil
Statutes 1999 (Vernon), as amended, shall be open to the public.
S-\O r Documents\Ordrnances\01\CC ULESORD01 doc
PAGE 1
2.2 Ouonun: Four members of the Council shall constitute a quorum for the
transaction of business. (Charter, Section 2.06)
2.3 Compelling Attendance: No member shall be excused from attendance at a
Council meeting except for good and valid reasons.
2.4 Misconduct: The Council may punish its own members for misconduct.
2.5 Minutes of Meetings: 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 in
accordance with Chapter 552, TEX. GOVT. CODE ANN. (Vernons 1999), as amended.
2.6 Onestions to Contain One Subject: All questions submitted for a vote shall
contain one subject, except the City Council may approve all items which are on the consent
agenda in one motion, regardless of how many subjects are contained 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 from the consent agenda by a Councihnember. If two or more points are
involved, any member may require a division, if the question reasonably admits of a division.
2.7 Right of Floor: Any member desiring to speak shall be recognized by the
Chairperson, 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 City Manage _r: The City Manager, or Acting City Manager, shall attend all
meetings of the Council unless excused. He or she may make recommendations to the Council and
shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter,
Section 5.03 (d))
2.9 City At tome 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 Attorney shall act as the Council's
parliamentarian.
2.10 City Secretes: 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 Officers and Employees: 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.
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2.12 Rules of Order: These rules govern 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 Suspension of Rules: 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 of Rules: These rules may be amended, or new rules adopted by the
affirmative vote of four members of the Council, provided that the proposed amendments or new
rules shall have been introduced before the City Council at a prior Council meeting.
3. CODE. OF CONDUCT
3.1 Councilmembers:
a. During Council meetings, Councilmembers shall preserve order and decorum and
shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe
the rules of the Council.
b. A Councilmember, once recognized, shall not be interrupted while speaking unless
called to order by the Mayor or presiding officer, unless a point of order is raised by another
member or the parliamentarian, or unless the speaker chooses to yield to questions from another
member. If a Councihnember is called to order while he or she is speaking, he or she shall cease
speaking 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 remain silent or shall alter
his or her remarks so as to comply with rules of the Council.
3.2 Administrative Staff:
a. Members of the Administrative 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 recognized by the Chair.
b. While the presiding officer shall have the authority to preserve decorum in
meetings as far as staff members and City employees are concerned, the City Manager also shall be
responsible for the orderly conduct and decorum of all City employees under his or her direction
and control.
C. The City Manager shall take such disciplinary action as may be necessary to insure
that such decorum is preserved at all times by City employees in Council meetings.
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d. All remarks and questions addressed to the Council shall be addressed to the
Council as a whole and not to any individual member thereof.
C. No staff member, other than a staff member having the floor, shall enter into any
discussion either directly or indirectly without permission of the presiding officer.
3.3 Citizens:
a. Citizens and other visitors are welcome to attend all public meetings of the City
Council, and will be admitted to the City Council Chamber or other room in
which the City Council is meeting, up to the fire safety capacity of the room.
b. All meeting attendees shall conduct themselves with propriety and decorum.
Conversations between or among audience members should be conducted outside
the meeting room. Attendees will refrain from excessively loud private
conversations while the Council is in session.
C. Unauthorized remarks from the audience, stamping of the feet, applauding,
whistles, yells, and similar demonstrations shall not be permitted.
d. Placards, banners, or signs will not be permitted in the City Council Chamber or
in any other room in which the City Council is meeting. Exhibits, displays, and
visual aids used in connection with presentations to the City Council, however,
are permitted.
e. Audience members may not place their feet on any chairs in the City Council
Chamber or other room in which the City Council is meeting.
f. Only City Council members and City staff may step on to the dais.
g. All people wishing to address the City Council shall first be recognized by the
presiding officer and shall limit their remarks to the matter under discussion.
h. All remarks and questions addressed to the City Council shall be addressed to the
City Council as a whole and not to any individual members.
i. Any person addressing the City Council in the City Council Chamber shall do so
from the lectern unless physically unable to do so. People addressing the City
Council shall not be permitted to approach the dais. If they wish to hand out
papers or other materials to the City Council, they should express that desire to
the presiding officer, and the City Manager shall direct a staff member to hand out
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the materials.
When the time has expired for a presentation to the City Council, 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 if
that person continues to speak.
k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or
wheelchairs shall not obstruct, block, or otherwise be located in the doorway,
entranceway, or walkways of the City Council Chambers or of any other room in
which the City Council may choose to meet. Representatives of the electronic
media may set up cameras and other equipment only in the back of the room. It is
permissible for television camera operators to fihn for short periods of time
(several minutes) from the entranceway to the City Council Chambers using hand-
held cameras only. Any radio station, which broadcasts the regular City Council
meetings live may hook their equipment up at the front of the room as long as it
remains out of sight and out of the way.
1. There will be a uniformed City of Denton police officer present at all regular
meetings of the City Council. This police officer shall act in 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, impertinent, profane, or slanderous remarks, or who
becomes boisterous while addressing the City Council or who otherwise violates
any of the above-mentioned rules while attending a City Council 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 City Council during that session
of the City Council. If the presiding officer fails 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 City Council shall require the presiding officer to act.
The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote
of the majority of the City Council, shall remove the offending person from the
meeting.
3.4 Enforcement: The City Manager, in the absence of a designated law enforcement
officer, shall act as Sergeant-at-Arms for the Council, and shall furnish whatever assistance is
needed to enforce the rules of decorum herein established.
3.5 Seating Arrangement: The City Secretary, City Manager and City Attorney shall
occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or
more members of the Council may exchange seats.
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4. TYPES OF MFF,TINGS
4.1 Re ilr Meetings: The Council shall meet at six o'clock p.m. on the first and
third Tuesday of each month, with executive sessions (closed meetings) of the Council
commencing at five fifteen o'clock p.m., or at any other time set by the Council, unless the meeting
is postponed or cancelled for valid reasons. All regular meetings of the Council will be held in the
Municipal Building at 215 East McKinney Street, or at such other location as the City Council may,
by motion, resolution or ordinance from time to time designate.
4.2 Special M .tin s: 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 with
the City Secretary in written form, and he or she shall post notice thereof as provided by the Texas
Open Meetings Act, [Chapter 55] TEX. GOV'T. CODE ANN., (Vernon 1999, as amended). The
Mayor, City Manager, or three of the council members may designate a location for the special
meeting other than the Municipal Building as long as the location is open to the public.
4.3 Workshop Meetings: Workshop meetings or work sessions may be called using
the same procedure required for special meetings. (See Sec. 4.2) The purpose of the workshop
meeting is to discuss or explore matters of interest to the City, to meet with City Board,
Commission, or Committee Members, City staff or officers of civic organizations, governing
bodies or individuals specifically invited 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 interested persons attending the work session will not
be allowed to participate in the session unless invited to do so by the Mayor. Citizens should be
advised of the nature of the work session and that their input may be received and considered at a
regularly scheduled council meeting 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
opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may
supply the City Council a written statement or report regarding the citizen's opinion on a matter
being discussed in a work session. If the Mayor invites citizens to participate in a work session,
their participation will cease at the point the Mayor closes the session to public input to allow the
Council to give City staff direction as to needed information for the possible future meeting without
distracting comment from the audience.
4.4 Fmergency Meetings: In case of emergency or urgent public necessity, which
shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor,
the City Manager or by three members of the Council, and it shall be sufficient if the notice is
posted two hours before the meeting is convened.
4.5 Closed Meetings: The Council may meet in a closed meeting pursuant to the
requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOVT CODE ANN. (Vernons
1999), as amended.
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4.6 Recessed Meetings: Any meeting of the Council may be recessed to a later time,
provided that no recess shall be for a longer period than until the next regular meeting.
4.7 Notice of Meetings: The agenda for all meetings, including Council Committee or
Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board
and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the
Texas Open Meetings Act, Chapter 551, TEX. GOVT CODE ANN. (Vernons 1999, as amended.)
5. PRESIDING. OFFICER AND DUTIES
5.1 Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-
Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence
of both the Mayor and Mayor Pro-Tem, the Council shall elect a temporary presiding officer.
(Charter, Section 2.03)
5.2 Call to Order: The meetings of the Council shall be called to order by the Mayor,
or in his 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 City Secretary, and a temporary presiding
officer shall be elected as provided above.
5.3 Preservation of Order: The presiding officer shall preserve order and decorum,
and confine members in debate to the question under discussion. The presiding officer shall call
upon the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein.
5.4 Points of Order: The presiding officer shall determine all points of order, subject
to the right of any member to appeal to the Council. If any appeal is taken, the question shall be,
"Shall the decision of the presiding officer be sustained?". If a majority of the members present
vote "No", the ruling of the chair is overruled; otherwise, it is sustained.
5.5 Questions to he Stated: The presiding officer shall state all questions submitted
for a vote and announce the result. A roll call vote shall be taken upon the request of any member,
and upon the passage of all ordinances and resolutions.
5.6 Substitution for Presiding Officer: The presiding officer may call any other
member to take his or her place in the chair, 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)
minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda,
or if requested by any two members.
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6. ORDER OF BUSINESS (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 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. When items are removed from the consent agenda and placed on the regular agenda by
members of the Council, the removed items shall be taken up in the order of removal right after the
consent agenda. Placement of items on the agenda shall be governed by this Section and Section
6.3; provided that if a Councihmember has an "emergency" item that the Councilmember 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 these Rules of Pro-
cedure.
6.2 (2-29(b)) Pledge of Allegiance: 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 Vernon
Annotated Texas Civil Statutes.
6.3 (2-29(c)) Presentations by Members of Council: The agenda shall provide a time when
the Mayor or any Councihmember may bring before the Council any business 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 discussion at a future work session. The
City Manager or city staff shall only respond preliminarily on this item at the work session. If the
City Council believes the item requires a more detailed review, the Council will give 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)) Presentation by Citizens:
a. (2-29(d)(i)) Citizen Reports: Any person who wishes to place a subject on the Council
agenda at regular City Council meetings shall advise the City 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 Council meeting at which he or she wishes the designated subject to be
considered. A time for such citizen reports shall be provided on the agenda after the pledge of
allegiance, approval of the minutes, and the presentation 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 bring
before the Council at each meeting, unless the Mayor or the majority of the Council grants an
extension of time. No citizen may fill out a "request to speak" form or have an opportunity to
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speak or comment on another citizen's report which is given at the same Council meeting.
b. (2-29(d)(ii)) Sneaking on Regular and Consent Agenda Items: Any person who wishes
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 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 appearing at a public hearing in
response to an official agenda notice or publication. The provisions of this paragraph also do not
apply to workshop meetings, and a citizen's right to speak and provide input at those meetings shall
be limited and controlled by Section 4.3 "Workshop Meetings" of this ordinance.
o, (2-29(d)(iii)) Any person who wishes to address the Council at a public hearing shall
complete a "request to speak" form and return it to the City Secretary before the applicable hearing.
The Mayor will call upon the citizen to speak for no longer than five (5) minutes.
6.5 (2-29(e)) Time Limits: Speakers before the Council shall limit their remarks to five (5)
minutes or less for public hearing items and citizen reports. Citizens speaking to a non-public
hearing agenda item shall limit their presentations to three (3) minutes or less.
6.6 (2-29(f)) Oral Presentations by City Manager: Matters requiring the Council's attention
or action which may have developed after the deadline for delivery of the written communication to
the Council may be presented orally by the City Manager. If formal Council action on a subject is
required, such action may be taken only if the provisions of the Texas Open Meetings Act have
been satisfied.
6.7 (2-29(g)) Presentation of Proclamations: The agenda may provide a time for the
presentation of proclamations. The Mayor or presiding officer may deliver and present
proclamations upon the request of citizens. Proclamations may encompass any activity or theme
except that proclamations with a theme religious or partisan in nature shall not be presented.
Moreover, proclamations shall not be used for any commercial or advertising purpose.
7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 Printed or Typewritten Form: All ordinances and resolutions shall be presented to
the Council in printed or typewritten form. The Council may, by proper motion, amend any
ordinance or resolution presented to it and direct that the amended ordinance be placed on the next
Council Agenda for adoption.
7.2 Cry Attorney to Approve: All ordinances, resolutions, and contracts and
amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she
shall file a written opinion on the legality of such ordinance, resolution or contract prior to
submission to the Council. (Charter, Section 6.02).
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7.3 Distribution of Ordinances and Resolutions: The City Manager shall prepare
copies of all proposed ordinances and resolutions for distribution to all members of the Council at
the meeting at which the ordinance or resolution is introduced, or at such earlier time as is
expedient.
7.4 Recording of Votes: The yeas and nays shall be taken upon the passage of all
ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter,
Section 2.06 (b)).
7.5 Mljori Vote Required: An affirmative vote of four (4) members is necessary to
repeal any ordinance or take any official action in the name of the City except as otherwise
provided in the Charter or by the laws of the State of Texas. (Charter, Section 2.06).
7.5.1 Tie-Vote: Matters voted on by the City Council which 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 exception of those circumstances set
forth in Section 7.12, The Previous Question. It shall not be in order for members to explain their
vote during the roll call.
7.7 Personal Privilege: The right of a member to address the Council on a question of
personal privilege shall be limited to cases in which his or her integrity, character, or motives are
assailed, questioned, or impugned.
7.8 Dissents and Protests: Any member shall have the right to express dissent from or
protest against any ordinance or resolution of the Council and have the reason therefore entered
upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not
later than the next regular meeting following the date of passage of the ordinance or resolution
objected to.
7.9 Voting Required: No member shall be excused from voting except for lack of
information and except on matters involving the consideration of his or her own official conduct, or
where his or her personal interests are involved in accordance with Chapter 171, TEX. GOVT.
CODE ANN. (Vernon 1999, as amended), and in these instances he or she shall abstain. Any
member prohibited from voting by personal interest shall announce this at the commencement of
consideration of the matter and shall not enter into discussion or debate on any such matter and
shall leave the meeting room. The member having briefly stated the reason for his or her request,
the excuse from voting shall be made without debate.
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7.10 Order of Precedence of Motions:
a. The following motions shall have priority in the order indicated:
1. Adjourn (when unqualified) and is not debatable and may not be amended;
2. Take a recess (when privileged);
3. Raise a question of privilege;
4. Lay on the table;
5. Previous question (2/3 vote required);
6. Limit or extend limits of debate (2/3 vote required);
7. Postpone to a certain time;
8. Commit or refer;
9. Amend;
10. Postpone indefinitely;
11. Main Motion.
b. The first two motions are not always privileged. To adjourn shall lose its privilege
character and be a main motion if in any way qualified. To take a recess shall be privileged only
when 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. 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 Reconsideration: A motion to reconsider any action of the Council can be made
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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 prevailing side. It can be seconded by any member. In order to
comply with the Texas Open Meetings Act, any Councilmember 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 unanimous consent of the Council, except that action related to any
contract may be reconsidered at any time before the final execution thereof. A matter which was
not timely reconsidered in the manner provided 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 six (6) months unless this rule is suspended as provided
for in these Rules of Procedure.
7.12 The Previous Question: When the previous question is 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 nothing herein shall allow the previous question to be called Prior
to a least one opportunity for each member of the Council to speak on the question 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 in effect to moving "That debate now cease, and the Council
shall immediately proceed to vote on the pending motion". In practice, this is done with the phrase
"Call for the question", or simply saying "Question".
7.13 Withdrawal of Motions: 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 his or her motion, the seconding councilmember 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 admitted under color of
amendment. A motion to amend an amendment shall be in order, but one to amend an amendment
to an amendment shall not be in order.
7.14 Appropriation- of Money: Before formal approval by the Council of motions
providing for appropriation of money, information must be presented to the Council showing
purpose of the appropriation. In addition, before finally acting on such an appropriation, the
Council shall obtain a report from the City Manager as to the availability of funds and his or her
recommendations as to the desirability of the appropriation.
7.15 Transfer of Appropriations: At the request of the City Manager, at any time
during 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 earnings of any non-tax supported public utility to any other purpose.
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8. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS
8.1 Council Committees: The Council may, as the need arises, authorize the
appointment of the "ad hoc" Council committees. Any committee so created shall cease to exist
upon the accomplishment of the special purpose for which it was created or when abolished by a
majority vote of the Council.
8.2 Citizen Boards, Commissions, and Committees: The Council may create other
Committees, Boards and Commissions to assist in the conduct of the operation of the City
government with such duties as the Council may specify not inconsistent with the City Charter or
Code. Memberships and selection of members shall be as provided by the Council if not specified
by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist
upon the accomplishment of the special purpose for which it was created, or when abolished by a
majority of the vote of the Council. No Committee so appointed shall have powers other than
advisory to the Council or to the City Manager, except as otherwise specified by the Charter or
Code.
8.3 Appointments:
a. Individual City Councilmembers making nominations for members to citizen boards and
commissions will consider interested persons on a citywide basis.
b. The City Council will make an effort to be inclusive of all segments of the community in
the board and commission appointment process. City Councihnembers will consider ethnicity,
gender, socio-economic levels, and other factors to ensure a diverse representation of Denton
citizens.
c. The City Council will take into consideration an individual's qualifications, willingness
to serve, and application information in selecting nominations for membership to each board and
commission.
d. In an effort to ensure maximum citizen participation, City Councilmembers will
continue the general practice of nominating new citizens to replace board members who have
served three consecutive, full terms on the same board.
e. Each City Councilmember will be responsible for making nominations for board and
commission places assigned to him or her, which may correspond to the City Councilmember's
place. Individual City Councidmembers will make nominations to the full City Council for the
governing body's approval or disapproval.
8.4 Rules of Procedure: Board and Commission members shall comply with the
provisions of Article III of Chapter 2 of the Code of Ordinances. Each Board shall be provided a
copy of these rules of procedure and each advisory board shall adopt rules of procedure governing
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the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible.
9. VOTES RROUIRFD
Questions on which the voting requirement is varied by the Charter, State Statutes and these
rules are listed below:
9.1 Charter and State Statutory Requirements:
a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter
amendments must be adopted by a two-thirds vote of the Council. (Article XT, Section 3, Texas
Constitution and Chapter 9, Texas Local Government Code (Vernons 1999, as amended.) For a
seven member Council, this means five members must vote affirmatively.
b. levying Taxes - Five Votes: Ordinances providing for the assessment and collection of
certain taxes require the approval of two-thirds of the members of the Council (Section 302.101,
Texas Tax Code) (Vernons, 1999, as amended.)
c. Changing Paying Assessment Plans - Five Votes: Changes in plans for paving
assessment require a two-thirds vote of the Council. (Section 313.053(e) Transportation Code,
Vernons 1999, as amended.)
d. Changes in Zoning Ordinance or Zoning Classifications: In cases of a written
protest of a change in a zoning 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 adjoining the same and extending two hundred
feet (200') therefrom, such amendment shall not become effective except by the
favorable vote of three-fourths (3/4) of all members of the City Council; six (6) votes
of the City Council is required to override the decision of the Planning and Zoning
Commission that a zoning change be denied.
C. Amendment of Tax Abatement Policy.: The guidelines 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 City Council. (Section 312.002(c)) Texas Tax Code
(Vernons 1999, as amended.)
10. SF.VF.RABILITY CLAUSE
That if any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
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SECTION 2. That Ordinances 74-48, 81-35, 90-026, 90-150, 92-115, and 93-073 are
hereby repealed.
SECTION 3_ That this Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /sfday of 2001.
&tl~ Aer~ -
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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