1981-034AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPBNDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO 69-1,
AND AS SAID MAP APPLIES TO A FIVE (S) ACRE TRACT OF LAND KNOWN
AS LOT 4C, BLOCK 4076 OF THE TAX RECORDS OF THE CITY OF DENTON,
TBXAS, AND DECLARING AN EFFECTIVE DATE
WHEREAS, on June 1, 1976 the City Council approved a zoning
change from Single-Family "SF-16" District Classification to
Agricultural "A" Use on a five (S) acre tract of land and
granted a Specific Use Permit for the use of said property for a
fraternal organization and the operation of a private club in
connection therewith, and
WHEREAS, the official ordinance making such change was never
officially adopted by the City Council, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
The Zoning Classification and Use designation of the
following described property, to-wit
A five (5) acre tract of land described as Lot 4C,
Block 4076 of the Tax Records of the City of Denton,
Texas situated in the City of Denton, Denton County,
Texas,
is hereby changed from Single-Family "SF-16" District Classifi-
cation Use to Agricultural "A" District Classification and Use
under the Comprehensive Zoning Ordinance of the City of Denton,
Texas and a Specific Use Permit is hereby granted for a
fraternal organization and a private club ~n connection with
such use, subject to the following conditions and restrictions,
to-wit
1 A site plan shall be required illustrating parking,
building location and floor plan of area usages
within the building,
2 The operation of a fraternal organization to
operate as a private club to sell and service
alcoholic beverages shall require the licensing
approval of the State Alcoholic Beverage Commission,
5 The Specific Use Permit shall apply only to the
addressed property of the fraternal organization
If the property should d~wde or be sold, the
permit, shall not be considered transferable,
4 Paved parking space shall be computed on the basis
of public assembly (Article 1SB-16 of the fZonlng
Ordinance) which requires one (1) parking space per
three (3) seats (persons),
$ A sign no larger than th~rty-slx (36) square feet
in area shall be permitted to identify the
organization No illumination of the s~gn shall be
permitted except as a direct light source onto the
sign,
6 The operational hours of the organization within
the residential area shall be restricted from 8 O0
A M to 10 00 P M on Monday, Tuesday and Thursday,
from 8 00 A M to 12 O0 midnight on Wednesday, from
8 00 A M to 12 30 A M on Friday and Saturday
All as shown on the attached s~te plan attached hereto
and made a part thereof
The Zoning Map of the C~ty of Denton, Texas, adopted the
14th day o£ January, 1969, as an Appendix to the Code of
Ord~namces of the C~ty of Denton, Texas under Ordinance No
69-1, be, and the same ~s hereby amended to show such change ~n
D~str~ct Classification and Use
SECTION II
That the C~ty Council of the C~ty of Denton, Texas hereby
f~nds that such change ~s ~n accordance w~th a comprehensive
plan for the purpose of promoting the general welfare of the
C~ty of Denton, Texas, and w~th reasonable consideration, among
other th~ngs for the character of the d~str~ct and for ~ts
peculiar suitability or particular uses, and w~th a wew to
conserwng the value of the buildings, protecting human l~ves,
and encouraging the most appropriate uses of land for the
maximum benefit to the C~ty of Denton, Texas, and ~ts c~t~zens
SECTION III
That th~s ordinance shall be ~n full force and effect
~mmed~ately after ~ts passage and approval, the reqmred public
hearings hawng heretofore been held by the Planning and Zoning
Commission and the C~ty Council of the C~ty of Denton, Texas,
after g~v~ng due not~ce thereof
PASSED AND APPROVED th~s the~'~ day of /w/$ficL/?c ,
~IC~AltD 0 ~T~ ~YOR
CITY OF D~NTON, TEXAS
CITY OF DENTON, TIqXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
7881L
ORDINANCE NO~_~_~
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 meetlngs 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 ~ Four members of the Council shall constitute
a quorum e 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 Meetzn~s 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 Ail 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 Chairperson, 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 City Manager The City Manager, or Acting City
Manager, shall 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 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 of him 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
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 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 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) Ail 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 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
PAGE 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 Presidin~ 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 the' 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 and decorum, and confine members in debate to the
quastion 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 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 Presidin~ Officer The presiding
officer may call 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 fifteen (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 A~enda The order of business of each meeting shall
be as conta--qi-~ in the agenda prepared by the City Manager The
agenda shall be a listing by topic of subjects to be considered
by the Council Conduct of business at Special Meetings will
likewise be governed by an agenda and rules of procedure
contained herein
6 2 Presentations by Members of Council The agenda shall
provide a time when the ~ayor or any Councilmember may bring be-
that he feels should be deliberated
fore the Council any business
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 O0 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 by City Manager Matters requiring
the Council'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 or Typewritten Form Ail 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 City Attorney to Approve Ail ordinances, resolutions,
and contracts and 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 O2)
7 3 Distribution of Ordinances and Resolutions The City
Manager shall prepare copies of all proposed oruinances 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 Recordin$ of Votes The ayes and noes 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 Majority 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
7 6 Demand for Roll Call Upon demand of any member, the
roll shall be called for 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 Privile~e The right of a member to address
the Council on a question o~ 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 Votin~ 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 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,
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,
$ 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 Mone~ 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
and within the last three (3) months of the budget year,
Manager,
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 the 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~ Commisstons~ 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
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 of taxes require the approval of
two-thirds of the members of the Council (Article 1033,
Revised Civil Statutes )
(c) Changing Pavin~ Assessment Plans - Five Votes
Changes in plans for paving assessment require a two-thirds vole
of the Council (Article l105b, Section 10, Revised Civil
Statutes )
(d) Chan~es in Zonin~ Ordinance or Zontn~ 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 R~ES SUSPENSION OR ~EN~;ENT
10 1 Suspension of Rules Any provision of these rules not
governed by the City Charter 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 affirmative vote of four (4) me.ers of the
Council, provided that the proposed amendments or new rules shall
have been introduced into the record at a prior Council meeting
11 SEVE~BILI~ C~USE
That if any section, s~sectton, 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
1990PASSED MD APPROVED this the~ day of ~,
ATTEST
JENNIFER WALTERS, CITY SECRETLY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
PAGE 12
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, 96085, 96-257, 98-246, 98 325, 98-415, 99-028 AND 2000-420,
PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the Constltut]on and Laws of the State of Texas, and Sect]on 2 07 of the City
Charter of the City of Denton, Texas, authorize the City Courted of smd City to promulgate and
establish roles of procedure to govern and conduct meetmgs, order ofbumness, and decorum, whale
act]ng as a leglslat,ve 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
S~CTIf)N 1. That Ordinance Numbers 94 183, 96-045, 96-057, 96-085, 96-257, 98-246
98-325, 98-415, 99-028, and 2000-420 and Section 2 29 of the City Code (Rules 6-2-6-7)are
hereby amended and consolidated into one Ordinance known as the Denton C~ty Council Rules of
Procedure to read as follows
1 ,~1 ITI-IORIT¥
1 1 Char~er. Pursuant to the provisions o£ Section 2 07 of the Charter of the City of
Denton, Texas, the City Council hereby enacts these rules of procedure for all meet]rigs of the City
Council of the City of Dentun, Texas
During any meeting, a reasonable opportumty 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 lneludmg the city admlmstrat]ve staff, news me&a, and visitors
2 G]ENI?.R.&I. RIII.E~
2 1 Meetmga tn he Pnhlm All official meetings of the Council and Council
committees and subcomnuttees except closed meetings permitted by the promsions of the Texas
Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons Annotated Texas Civil
Statutes 1999 (Vemons), as amended, shall be open to the public
PAGE 1
2 2 Qnnmm Four members of the Council shall constitute a quorum for the
transaction of business (Charter, Section 2 06)
2 3 Cnmpelhng Attendance No member shall be excused from attendance at a
Council meeting except for good and valid reasons
2 4 Mleennduet The Council may pumsh its own members for m~sconduct
2 5 Mlr~llI-P.g nY Meehngg All account of all proceedings of the Council shall be kept
by the City Secretary and shall be entered in a book constituting the officml record of the Council
A certffied agenda shall be prepared for all closed meetings and shall be approved by the Mayor m
accordance w~th Chapter 552, TEX GOV'T CODE ANN (Vemons 1999), as amended
2 6 Qne. etmn.q m Cnntmn One ,qu~eet All questions submitted for a vote shall
contmn one subject, except the City Cotmcfl may approve all ~tems which are on the consent
agenda in one motion, regardless of how many subjects are contmned ~n 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 Councflmember If two or more points are
involved, any member may reqmm a d~mslon, ~f the question reasonably admits of a chvmlon
2 7 R~ght of Flnnr Any member desmng to speak shall be recogmzed by the
Chairperson, and shall confine h~s 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 waslung to speak shall have spoken
2 8 C.~ly Manager The City Manager, or Acting City Manager, shall attend all
meetings of the Council unless excused He or she may make recommendations to the Council and
shall have the right to take part ~n all d~scuss~ons of the Councd, but shall have no vote (Charter,
Section 5 03 (d))
2 9 C~W Attorney The City Attorney or Acting City Attomey, shall be avmlable
upon request for all meetings of the Council unless excused and shall, upon request, give an
oplmon, either written or oral, on questions of law The C~ty Attomey shall act as the Council's
parhamentanan
2 10 C,~ geeretary The City Secretary, or Acting City Secretary, shall attend all
meetings of the Council unless excused, and shall keep the official mmutes and perform such other
duties as may be requested by the Council
2 11 C~ffleer~ and F~mplnyee~ Any officer or employee of the City, when requested by
the City Manager, shall attend any meeting of the Council If requested to do so by the City
Manager, such employee may present reformation relating to matters before the Council
PAGE 2
2 12 R,,le~ nf Order These roles govern the proceedings of the Council in all cases,
except that where these rules are sdent, the most recent Edition of Robert's Rules of Order remsed
shall govern
2 13 S,,?en~,nn nf Ruleg Any pmvlsion 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
mmutes of the Council
2 14 Amendment nf Rnle~ These rules may be mended, 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 Oty Council at a prior Council meeting
3 1 ~nune,lmemherg
a Dunng Council meetings, Councdmembers shall preserve order and decorum and
shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe
the roles of the Councd
b A Counmlmember, once recognized, shall not be interrupted while spealong unless
called to order by the Mayor or presiding officer, unless a point of order is rinsed by another
member or the parhamentanan, or unless the speaker chooses to yield to questions from another
member If a Councllmember is called to order wtule he or she is speaking, he or she shall cease
speal~ng lmmedmtely until the question of order ~s 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 remmn silent or shall alter
lus or her remarks so as to comply w~th rules of the Council
3 2 Admmmtrat~ve gtaff
a Members of the Adrmmstratlve staff and employees of the C~ty shall observe the
same rules or procedure and decorum applicable to members of the Councd, and shall have no
vmce unless and unttl recogmzed by the Chmr
b Wlule the pres~chng officer shall have the anthonty to preserve decorum in
meetings as far as staffmembers and City employees are concerned the City Manager also shall be
responsible for the orderly conduct and decorum of all City employees under tus or her direction
and control
e The City Manager shall take such disciplinary action as may be necessary to insure
that such decorum ~s preserved at all times by City employees m Council meetings
PAGE 3
d All remarks and questions addressed to the Council shall be addressed to the
Council as a whole and not to any lndlmdual member thereof
e No staff member, other than a staff member having the floor, shall enter into any
d~scussion either drrectly or indirectly w~thout penmss~on of the premdmg officer
Citizens and other msltors are welcome to attend all public meetings of the City
Council, and will be admttted to the City Council Chamber or other room in
which the City Council is meeting, up to the fire safety capacity of the room
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 refrmn from excessively loud pnvato
conversations while the Counml is in session
Unauthorized remarks from the audience, stamping of the feet, applauding,
whistles, yells, and similar demonstrations shall not be permitted
Placards, banners, or signs will not be permitted in the City Council Chamber or
m any other room in wluch the City Council is meeting Exhibits, displays, and
visual rods used in connection with presentations to the City Council, however,
are permitted
Audience members may not place their feet on any chairs in the C~ty Council
Chamber or other room ~n wtuch the City Council is meeting
Only City Council members and C~ty staff may step on to the dais
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
All remarks and questions addressed to the C~ty Council shall be addressed to the
City Council as a whole and not to any ~nd~wdual members
Any person addressing the City Council in the City Council Chamber shall do so
from the lectern unless physically unable to do so People addressing the City
Counml shall not be permitted to approach the dins 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 C~ty Manager shall direct a staffmember to hand out
PAGE 4
the materials
When the t~me has expired for a presentation to the C~ty 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 ff
that person continues to speak
k Eqmpment, apparatus, or paraphemaha such as camera tripods, easels, or
wheelchmrs shall not obstruct, block, or otherwise be located ~n the doorway,
entranceway, or walkways of the City Council Chambers or of any other room ~n
which the City Cotmcd may choose to meet Representatives of the electromc
medm may set up cameras and other eqmpment only ~n the back of the room It ~s
permmslble for telews~on camera operators to film for short periods oft~me
(several m~nutes) from the entranceway to the C~ty Council Chambers using hand-
held cameras only Any radao station, which broadcasts the regular C~ty Council
meetings hve may hook their eqmpment up at the front of the room as long as ~t
remmns out of s~ght and out of the way
1 There will be a umformed C~ty of Denton pohce officer present at all regular
meetings of the Ctty Council Th~s pohce officer shall act ~n the capacity of a
security officer/sergeant-at-arms, and shall enforce the meeUng rules and act upon
the d~rect~on of the presiding officer
m Any person making personal, ~mpert~nent, profane, or slanderous remarks, or who
becomes boisterous while addressing the C~ty Council or who otherwise violates
any of the above-mentioned rules while attending a C~ty Counml meeting shall be
removed from the room at the dtrect~on of the presiding officer, and the person
shall be barred from further audience before the City Council dunng that session
of the C~ty Council If the presiding officer fads to act, any member of the C~ty
Council may move to reqmre the offending person s removal, and the affirmative
vote ora majority of the C~ty Council shall require the presiding officer to act
The sergeant-at-arms, if so d~rected by the presiding officer or an affirmative vote
of the majority of the C~ty Counml, shall remove the offending person from the
meeting
3 4 Rnforeement The C~ty Manager, m the absence of a designated law enforcement
officer, shall act as Sergeant-at-Arms for the Council, and shall furmsh whatever assmtance ~s
needed to enforce the rules of decorum here~n estabhshed
3 5 S~lg~xa~gmm~ The C~ty Secretary, C~ty Manager and C~ty Attorney shall
occupy the respective seats m the CotmcH Chamber assigned to them by the Mayor, but any two or
more members of the Councd may exchange seats
PAGE 5
4 1 Ragalar_Maetm~ The Council shall meet at slx o clock p m on the first and
tinrd Tuesday of each month, w~th execuUve sessions (closed meetmgs) of the Council
commencing at five fifteen o'clock p m, or at any other t~me set by the Council, unless the meeUng
~s postponed or cancelled for vahd masons All regular meetmgs of the Council will be held m the
Mumc~pal Bmlchng at 215 East Mcganney Street, or at such other locaUon as the C~ty Council may,
by moUon, resoluUon or ordinance from t~me to time designate
4 2 ~q?e, al Mee/mgn Specml meetings may be called by the Mayor, the C~ty
Manager, or by any three members of the Councd The call for a speeml meetmg shall be filed wtth
the C~ty Secretary m written form, and he or she shall post noUce thereof as prowded by the Texas
Open Meetings Act, [Chapter 55] TEX GOV'T CODE ANN, (Vernons 1999, as amended) The
Mayor, C~ty Manager, or three of the counml members may designate a locaUon for the specml
meeting other than thc Mammpal Bmkhng as long as the locaUon ~s open to the pubhc
4 3 ~VaxJ~X~&~Illl~ Workshop meetings or work sessions may be called using
the same procedure reqmred for special meeUngs (See Sec 4 2) The propose of the workshop
meeting m to dmcuss or explore matters of ~nterest to the C~ty, to meet w~th C~ty Board
Commms~on, or Committee Members, C~ty staff or officers of mwc orgamzaUons, govemmg
bodies or lnchwduals specffically ~nwted to the session by the Mayor, Counml or C~ty Manager
These meetings are reformational and normally, no final action shall be taken unless the posted
agenda ~nd~cates otherwise Cmzens or other interested persons attending the work seas~on will not
be allowed to part~mpate m the session unless ~nv~ted to do so by the Mayor C~t~zens should be
adwsed of the nature of the work session and that thetr ~nput may be received and considered at a
regularly scheduled cotmcd meeting where the agenda pmwdes for final action to be taken on the
matter The purpose of tlns procedure ~s to allow the cmzens attendxng the regular meeUng the
oppormmty of hearing the wews of their fellow c~Uzens In a more formal settmg Any c~Uzen may
supply the C~ty Council a written statement or report regarding the cmzen's op~mon on a matter
being thscussed ~n a work session If the Mayor mwtes mt~zens to partm~pate ~n a work sassoon
their part~c~paUon will cease at the pmnt the Mayor closes the session to pubhc ~nput to allow the
Council to g~ve C~ty staff d~recUon as to needed ~nformatlon for the possible future meeting w~thout
d~stractmg comment from the audience
4 4 F. mergeme, y Meetmg.q In case of emergency or urgent pubhc necessity, winch
shall be expressed ~n the notme of the meeUng, an emergency meeting may be called by the Mayor,
the C~ty Manager or by three members of the Council, and ~t shall be suffiment ~f the not,ce ~s
posted two hours before the meeting ~s convened
4 5 Cloaed Meetmg~q The Councd may meet ~n a closed meeting pursuant to the
requn:ements of the Texas Open Meetings Act, Chapter 551 TEX GOV'T CODE ANN (Vemons
1999), as amended
PAGE 6
4 6 Reeee~e3 Meetings Any meetxng of the Council may be recessed to a later time,
provaded that no recess shall be for a longer period than until the next regular meeting
4 7 ~ The agenda for all meetings, ancludmg Council Committee or
Subcommattee 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 Caty Secretary pursuant to the reqmrements of the
Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons 1999, as amended )
5 I Pre~dm~ Officer The Mayor, or in the absence of the Mayor, the Mayor Pm
Tem, shall preside as chairman, or presiding officer at all meetings of the Cotmcd 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 tn Order The meetings of the Council shall be called to order by the Mayor,
or in Ins or her absence, by the Mayor Pm-Tern 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 Preservatmn of Order The presiding officer shall preserve order and decorum,
and confine members in debate to the question under d~scussmn The presiding officer shall call
upon the Sergeant-at-Arms as necessary to enforce compliance with the roles contmned 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 mlmg of the chmr is overruled, otherwise, it is sustained
5 5 Qnestmna tn he .qtated The presiding officer shall state all questions subnutted
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 .qnbnt~hmnn for Pre~dmg Officer The presiding officer may call any other
member to take Ins or her place in the chmr such substitution not to continue beyond adjournment
5 7 Call far 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
PAGE 7
6 ORI~,R Ol~ Rl;~qlNE~q,q (Section 2-29 of the Ctty Code "Ctty Council Procedures,
Order of Business")
6 1 (2-29(a)) AEenda The order ofbusmess of each meeting shall be as contained tn the
agenda prepared by the City Manager, wluch shall be rewewed and approved by an Agenda
Commtttee composed of the Mayor, one other member of the Ctty Counctl selected by the Counetl,
and the City Manager The agenda shall be a hstmg by toptc of subjects to be consxdered by the
Council When 1terns are removed fi.om the consent agenda and placed on the regular agenda by
members of the Council, the removed ttems shall be taken up tn the order of removal right after the
consent agenda Placement of ~tems on the agenda shall be governed by tlus Section and Section
6 3, prowded that ff a Couneflmember has an "emergency" ztem that the Counctlmember beheves
should be placed on the next regular or spectal meetmg agenda, the placement must be approved by
two members of the Agenda Committee Conduct of business at special meetings and Council
Commtttees and subcommittees wdl llkewtse be governed by an agenda and these Rules of Pro-
cedure
6 2 (2-29Co)) pledEe nf AlleE~anae Each agenda shall prowde an ttem for the recital of the
.Pledge of Allegtanee" at the regularly scheduled ctty council meetlngs Ttus ztem shall begin wtth
the recital of the pledge of allegiance for the Umted States flag and shall follow w~th a reettal of the
pledge of allegiance for the Texas state flag m accordance with article 6139 (b) of Vernons
Annotated Texas Ctvfl Statutes
6 3 (2-29(c)) pre~entat~nn~ hy Memher~ of Co~]ne~! The agenda shall provide a t~me when
the Mayor or any CouncHmember may bnng before the Council any business that he or she feels
should be dehberated upon by the Council These matters need not be spectfically hsted on the
agenda, but dlscusston and formal action on such matters shall be deferred unttl a subsequent
Counctl meetmg Any member may suggest an ttem for d~scusmon at a future work session The
City Manager or ctty staffshall only respond prehmmanly on fins ~tem at the work session If the
C~ty CotmoH beheves the ttem requires a more detmled rewew, the Counctl w~ll g~ve the C~ty Man
ager or C~ty Staff chrect~on to place the ~tem 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)) pregentat~nn by C.~t~zens
a (2-29(d)(0) Craven ge.nnrt.~ Any person who wtshes to place a subject on the Counctl
agenda at regular Ctty Counctl meetings shall advtse the City Manager's office of that fact and the
specified subject matter wluch he or she desires to place on the agenda no later than 5 00 p m
Wednesday prior to the Council meeting at wtueh he or she w~shes the des~guated subject to be
considered A ttme for such citizen reports shall be prowded on the agenda after the pledge of
allegiance, approval of the m~nutes, and the presentation of proclamattons Any speaker providing
a cmzen report shall speak for no longer than five (5) m~nutes on all ~tems that he or she may bnng
before the Council at each meeting, unless the Mayor or the majority of the Council grants an
extension of time No cmzen may fill out a ' request to speak' form or have an opportumty to
PAGE 8
speak or comment on another citizen's report winch ~s g~ven at the same Council meeting
b (2-29(d)00) ~qpeakmg on Re~mflar and Con,eat Agenda ltem~q Any person who w~shes
to address the Council regarchng an ~tem that ~s on the Cotmcfi's agenda for a regular or specml
meeting, shall complete a "request to speak" form asking to speak regarding the ~tem and return ~t
to the Oty Secretary before the Council conmders the ~tem The Mayor will call upon the c~t~zen to
speak for no longer than three (3) minutes as that particular agenda ~tem ~s considered by the Oty
Counml The prowmons of tins paragraph do not apply to persons appearing at a pubhc heanng m
response to an official agenda notme or pubhcat~on The prov~mons of tins paragraph also do not
apply to workshop mect~ngs, and a e~t~zen's right to speak and promde ~nput at those meetings shall
be hm~ted and controlled by Section 4 3 "Workshop Meetings of tins ordinance
c (2-29(d)(m)) Any person who wmhes to address the Council at a pubhc heanng shall
complete a "request to speak" form and return ~t to the Oty Secretary before the apphcable heanng
The Mayor will call upon the c~t~zen to speak for no longer than five (5) m~nutes
6 5 (2-29(e)) T~me l .~m~tq Speakers before the Counml shall hm~t their remarks to five (5)
m~nutes or less for pubhc heanng ~tems and mt~zen reports Cmzens speaking to a non-pubhc
heanng agenda ~tem shall hm~t their presentations to three (3) minutes or less
6 6 (2-29(0) Oral Pre~entatmn~ hy Chty Manager Matters reqmnng the Council's attention
or action winch may have developed after the deadline for dehvew of the written commumcat~on to
the Council may be presented orally by the City Manager If formal Council action on a subject ~s
reqmred, such action may be taken only ~f the prows~ons of the Texas Open Meetings Act have
been satisfied
6 7 (2-29(g)) pmnentatmn nf Proelamalmns The agenda may provide a t~me for the
presentat~0n of proclamations The Mayor or presiding officer may dehver and present
proclamations upon the request of cmzens Proclamations may encompass any act~wty or theme
except that proclamations w~th a theme religious or partman in nature shall not be presented
Moreover, proclamations shall not be used for any commercial or advertm~ng purpose
7 f~ON~II~ERATION OF~ ORBINANCi~,g: RE~qOI .IITICIN,q.. ANF} MOTION~
7 1 Pnnted or Typeumtten Form All ordinances and resolutions shall be presented to
the Councd m printed or typewritten form The Council may, by proper motion, amend any
ordinance or resolutaon presented to ~t and d~rect that the amended ordinance be placed on the next
Council Agenda for adoption
7 2 C,~ Attorney tn Apprnve All ordinances, resolutions, and contracts and
amendments thereto, shall be approved as to form and legahty by the C~ty Attomey, or he or she
shall file a written opxmon on the legahty of such ordinance, resolution or contract prior to
submission to the Council (Charter, Section 6 02)
PAGE 9
7 3 Dl,qtr~hntmn nf Orchnaneo. g and gegnlntmng The City Manager shall prepare
copies of all proposed ordinances and resolutions for dlstnbutlon to all members of the Council at
the meeting at wi'ach the ordinance or resolution is introduced, or at such earlier time as ~s
expedient
7 4 Ree. nrdmg nf Vnte,q 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 CoD
7 5 M~nnty Vnm Reqmrefl 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 T~e-Vnte Matters voted on by the City Council winch end in a tie-vote shall
automatacally be placed on each subsequent Council meeting agenda until a full Council is present
7 6 Demand for Rnll Call Upon demand of any member, the roll shall be called for
yeas and nays upon any question before the Council with the. exce?mn nfthnge e~re, nm,qtanceg get
forth m ,qeet~cm 7.12: The Prewnug Que,qtmn It shall not be in order for members to explmn their
vote during the roll call
7 7 pergnnal Pnwlege The right of a member to address the Council on a question of
personal privilege shall be lumted to cases in winch bas or her integrity, character, or motives are
assmled, questioned, or impugned
7 8 Dmgentg and Pmte,~t.q Any member shall have the right to express dissent from or
protest agmnst any ordinance or resolution of the Council and have the mason therefore entered
upon the minutes Such chssent 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 Vntmg Reqmred 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 ins or her personal interests are involved in accordance with Chapter 171, TEX GOV'T
CODE ANN (Vemons 1999, as amended), and in these instances he or she shall abst/un Any
member proinblted from voting by personal interest shall announce tins at the commencement of
consideration of the matter and shall not enter into discussion or debate on any such matter and
shall leave the meettng room The member having briefly stated the reason for his or her request,
the excuse from voting shall be made without debate
PAGE 10
7 10 CIrder nfPr~c, eH~nce nfMnhnn,~
a The following motions shall have pnonty m the order mdlcated
1 Adjourn (when unquahfied) 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 questaon (2/3 vote required),
6 Limit or extend limits of debate (2/3 vote reqmred),
7 Postpone to a certain time,
8 Commit or refer,
9 Amend,
10 Postpone mdefimtely,
11 Mare Motion
b The first two motions are not always privileged To adjourn shall lose its privilege
character and be a mmn motion if m any way qualified To take a recess shall be privileged only
other business is pending
c A motion to adjourn is not in order
1 When repeated without lntervemng business or discussion,
2 When made as an lnterruptaon of a member whale speaking,
3 Wlule a vote as bemg taken
d Only certmn motions may be amended as provided an the most current edition of
Robert's Rules of Order, rewsed A motmn to amend shall be undebatable when the quesbon to be
amended ~s undebatable
7 11 Reeona~deratmn A motion to reconsider any action of the Council can be made
PAGE 11
not later than the next succeeding official meeting of the Council Such a motaon can only be made
by a member who voted with the prevmhng side It can be seconded by any member In order to
comply wlth the Texas Open Meetings Act, any Councllmember who wishes to make such a
motion at a meeting succeeding the meeting where the action was taken shall notify the City
Manager to place the item for reconsideration on the Council agenda No question shall be twice
reconsidered, except by unammous consent of the Council, except that action related to any
con,'act may be reconsidered at any tame before the final execution thereof A matter which was
not timely reconsidered in the manner provided by th~s section or was reconsidered but the actaon
originally taken was not changed by the Council cannot be reintroduced to the Council or placed on
a Council rneetang agenda for a period of six (6) months unless tbas role ~s suspended as provided
for in these Rules of Procedure
7 12 Ill~[~(~lll~ll~m When the previous question is moved and seconded, it
shall be put as follows "Shall the mmn quemon be now put?" There shall then be no further
amendment or debate, except that nothm~ hereto .qhall allow the prewon~ n)m~qtmn to he eallefl poor
tn a lea~qt nne nppnrmm~ far each member of the Council to ?eak on the o21e~tmn before the
Cnnne~l Any pending amendments shall be put in their order before the mmn question If the
motion for the prewous questaon is lost, the mmn question remams before the Council An
affirmative vote of 2/3 of the Council shall be reqmred to move the previous question To demand
the previous question is equivalent m effect to moving "That debate now cease, and the Council
shall ~mmedmtely proceed to vote on the pending motion" In practice tbas is done with the phrase
"Call for the questaon", or simply saying "Questaon"
7 13 W~thdrawal of Motmna A motion may be w~thdrawn, or modified, by its movant
w~thout asking permission until the motion has been stated by the Presiding Officer If the movant
modifies Ins or her motion, the seconding counmlmember may withdraw his or her second At~er
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 Ap?oprmtmn~ of Money Before formal approval by the Council of motions
prowthng for appropriation of money, information must be presented to the Council showing
purpose of the appropriation In addition, before finally acting on such an appropnataon, the
Council shall obtmn a report from the City Manager as to the avmlablbty of funds and bas or her
recommendations as to the deslrabthty of the appropriation
7 15 Tran~qfer of Appmpnatmn.q At the request of the City Manager, at any tame
dunng the fiscal year, the Council may by resolution transfer an unencumbered balance of an
appropnalaon made for the use of one department, dlvmlon, or purpose, but no transfer shall be
made of revenues or earmngs of any non-tax supported pubhc utlhty to any other purpose
PAGE 12
8 1 ~nnnn~l ~omm~flee~ ~e CO.ell may, ~ ~e need roses, au~onze ~e
appom~t of ~e "M hoc" Co.cfi coffees ~y tommee so created shall cease to ex~st
upon ~e ~mphs~t of the specml p~ose for whch ~t w~ created or wh~ abohshed by a
majonW vote of~e Co~cfl
8 2 cmz~ Rnardg; COmmlgmnng: and Comm~fleeg The Co.ell may create o~
ComlRees, Bo~ds ~d Co~ms~ons to ~smt an ~e conduct of ~e op~a~on of ~e C~W
gov~t Wl~ such duties ~ ~e Co~c~l may specl~ not lnconsmtent with ~e C~W Ch~ or
Code Membe~ps ~d sel~t~on of memb~s shall be ~ provided by ~e Co--cd ~f not sp~fied
by ~e C~ Cheer or Code ~y Commee, Bo~d, or Co~smon so created sh~l cede to ex~st
upon ~e accomphs~mt of ~e ~ec~ p~ose for w~ch it w~ ~eated, or when abohshed by a
majonW of the vote of ~e Cobol No Com~Ree so appmnted shall have pow~s o~er ~
adwso~ to the Co~cfi or to ~e C~ Mmager, except ~ o~emse speeffied by ~e Cheer or
Code
8 3 Appnm~ent~
a ~d]wdu~ C]W Co~c~embers m~ng nominations for members to citizen bo~ds ~d
comss~ons will consider interested persons on a c]~]de basis
b ~e C~W Co~c]l will m~e ~ effog m be inclusive of all se~ents of the co~ m
· e bo~d ~d com]smon appo]n~mt process C~W Counc]~embers wall conmder e~czW,
gend~, somo-econom]c levels ~d o~er factors to ensue a diverse r~resentat]on of Denton
citizens
c ~e C]W Co~c]l will t~e Into conszd~at]on m ]nd]wdu~'s quahficat]ons, wfihn~ess
to s~e, ~d apphcat~on mfomat]on in selecting nominations for memb~p to each bo~d ~d
co~sslon
d ~ ~ effo~ m ensure m~]mm mt~zen p~]c]pat~on C]W Co~m~emb~ will
continue ~e general prat]ce of nominating new citizens to replace bo~d memb~s who have
se~ed t~ee consecutzve, ~11 te~s on ~e s~e bo~d
e Each C]~ Co~cHmemb~ wzll be responsible for m~ng nom]naaons for bo~d ~d
co~]ss]on places ~m~ed to ~m or her, w~ch may co~espond to the C~W Co~c]~emb~'s
pl~e ~wdual C]~ Co~m~embers will m~e nominations to ~e ~11 C]W Co.cfi for ~e
gove~ng body's approval or disapproval
8 4 Rule~ of Prated]ire Bo~d ~d Co~tss]on members shall comply with ~e
prows]ons of ~]cle IH of Chapter 2 of ~e Code of Ordm~ces Each Bo~d shall be pmwded a
copy of ~ese roles of proced~e ~d each adwso~ bo~d shall adopt roles of proced~e govemng
PAGE 13
the operation of~ts board, mcorporatqng Sections 2, 3, 5, and 7 hereof~nsofar as is possible
9 VOTE,il REO_IIIREI~
Quast~ons on wtnch the voting reqturament is vaned by the Charter, State Statutes and these
rules are listed below
9 1 Charter and State Statntnry Rea2nrements
a Charter Amendment - Five Vatea Ordinances subunthng proposed Charter
amendments must be adopted by a two-thtrds vote of the Cotmcll (Amcle XI, Section 3, Texas
Constltutton and Chapter 9, Texas Local Government Code (Vemons 1999 as amended ) For a
seven member Council, thts means five members must vote affirmatively
b l.evymg TaY~ - F~ve Vntea Ordinances providing for the assessment and collection of
certarn taxes reqmre the approval of two-tturds of the members of the Council (Sechon 302 101,
Texas Tax Code) (Vernons, 1999, as amended )
c Changing pawns Ag~qeggment Plans - F~ve Votes Changes m plans for paving
assessment require a two-tlurds vote of the Council (Sectmn 313 053(e) Transportation Code,
Vemons 1999, as amended )
d Chan~eg m 7.nmng Ordinance or 7omng Clagmfieatmn~q In cases of a written
protest of a change m a zomng regulation or zomng classfficat~on by the owners of
twenty (20%) percent or more either of the area of the lots ~ncluded in such proposed
change, or of the lots ~mmedmtely adjolmng the same and extending two hundred
feet (200) therefi'om, 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 Councd is reqmred to ovemde the decision of the Planning and Zomng
Conumss~on that a zoning change be demed
e Amendment of Tax Abatement Pohey The gmdehnes and criteria adopted as the
City's Tax Abatement Pohcy may be amended or repealed by a vote of three-fourths
(3/4) of all members of the C~ty Councd (Sectmn 312 002(c)) Texas Tax Code
(Vamons 1999, as amended )
10 SI~.VIi'.R A RII .ITV {qI.AIIgE
That ff any section, subsectmn, paragraph, sentence, clause, phrase or word in tins
orchnance, or apphcat~on thereof to any person or c~rcamstances ~s held mvahd by any court of
competent jurisdiction, such holding shall not affect the vahdlty of the remmnmg portions of tins
ordinance, and the C~ty Couned of the City of Denton, Texas, hereby declares ~t would have
enacted such remmmng pomons despite any such mvahchty
PAGE 14
SF_.C_TION_~ That Ordinances 74-48, 81-35, 90-026, 90-150, 92 115, and 93-073 are
hereby repealed
,qF. CTION 3. That tins Orrhnance shall become effective ~mmed~ately upon 1ts passage and
approval
ELrLINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 15