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1976-048 NOTE Repealed by Ordinance No 2001-193 AN ORDINANCE AMENDING RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS, PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE WHEREAS, the Constltutlon and Laws of the State of Texas, and the City Charter of the City of Denton, Texas, authorize the City Council of said City to promulgate and establish rules of proce- dure to govern and conduct meetzngs, order of business, decorum, etc , whale acting as a legislative body representing said City, and WHEREAS, because of zts desire to effectively and efficiently serve the public through the medium of public meetings at has be- come necessary to amend the guidelines relating to proper conduct of all parties present for such meetings, now, therefore, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS Ail meetings of the City Council are open to the publzc, and during any meeting a reasonable opportunity shall be gzven for cltz- zens to be heard under the rules set forth below The Rules of Pro- cedure hereby enacted establish guidelines to be followed by all persons an the Councll Chamber lnoludlng the City Admmnlstratlve Staff, news medza, and vzsitors 1 AUTHORITY 1 1 Charter Section 2 07 of the Charter of the City of Denton provides that the Council shall determine its own rules of procedure for meetzngs The following set of rules shall be an effect ~pon their adoption by the Councll and untzl such tame as they are amended or new rules adopted an the manner provided for by these rules 2 GENERAL RULES 2 1 Meetzn~s to be Public Ail offzclal meetings of the Counczl except executive meetmngs or sessions permitted by the Texas Open Meetzngs Law, and all sessions of a Committee of the council shall be public [Charter, Section 2 05(d)] 2 2 Quorum Three members of the Council shall consti- tute a quorum [Charter, Section 2 06] 2 3 Compell~n~ Attendance No member shall be excused from attendance at a Council meeting except for good and valid reasons 2 4 Mlsconduct The Council may punish ~ts own members for m~sconduct 2 5 Mlnutes of Meetings An account of all proceedings of the Co~nc~l shall be kept by the City Secretary and shall be entered an a book constituting the official record of the Council 2 6 Questions to Contain One Subject, All questions sub- m~tted for a vote shall contain only one subject If two or more points are ~nvolved, any member may require a d~v~s~on, if the question reasonably admits of a d~v~s~on 2 7 Right of Floor Any member desiring to speak shall be recognized by the Chairman, 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 wishing to speak shall have spoken 2 8 C~ty Manager The Clty Manager, or Acting C~ty Man- ager, shall attend all meetings of the Council unless exoused He may make recommendatlons to the Council and shall have the r~ght to take part ~n all d~scuss~ons of the Council, but shall have no vote [Charter, Seotlon 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 exoused and shall, upon request, give an opinion, either written or oral, on questions of law The City Attorney shall act as the Council's parl~mentar~an 2 10 C~t~ Secretary The City Secretary, or Acting City Secretary, shall attend all meetings of the Co~uncll unless excused, and shall keep the off~clal m~nutes and perform such other duties as may be requested of h~m by the Council -2- 2 11 Officers and Emplp~,ees Any officer or employee of the City, when requested by the City Manager, shall attend any meet- lng of the Council If requested to do so by the City Manager, they may present information relating to matters before the City Council 2 12 Rules of Order These rules govern the proceedings of the Counoll in all cases, and where such rules are silent, Roberts Rules of Order shall govern 2 13 Suspensaon of Rules Any provision of these rules not governed by the City Charter or Code may be temporarily suspended by a four-fifths vote of all members of the Council The vote on any such suspensaon shall be taken by yeas and noes and entered upon the record 2 14 Amendment of Rules These rules may be amended, or new rules adopted by a majority vote of all members of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting 3 CODE OF CONDUCT 3 1 Councal Members (a) During Council meetings, Council Members shall preserve order and decorum and shall neather by conversataon or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the Mayor (or Chairman) or the rules of the Councal (b) A Councllperson, once recognized, shall not be interrupted whale speaking unless called to order by the Mayor (or chairman), unless a point of order is raised by another member or the parliamentarian, or %u%less the speaker chooses to yaeld to ques- tions from another member If a Councllperson is called to order while he is speaking, he shall cease speaking lnuuedlately untal the question of order is determined If ruled to be in order, he shall be permatted to proceed If ruled to be not an order, he shall re- main salent or shall alter has remarks so as to comply with rules of the Council -3- 3 2 Administrative Staff (a) Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council, and shall have no voice unless and until recognlzed by the Chair (b) While the presldlng officer shall have the auth- ority to preserve decoru/n in meetings as far as staff members and C~ty employees are concerned, the C~ty Manager also shall be respon- sible for the orderly conduct and decorum of all C~ty employees under his direction and control (c) The C~ty Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees ~n Council meetings (d) Ail remarks and questions addressed to the Council shall be addressed to the council as a whole and not to any indivi- dual member thereof (e) No staff member, other than a staff member having the floor, shall enter ~nto any dIscussion e~ther d~rectly or in- directly w~thout permission of the presiding officer 3 3 C~tlzens (a) Citizens are welcome and invited to attend all meetings of the Council, and wlll be admitted to the Council Chamber up to the f~re safety capacity of the room (b) Ail c~tlzens will refrain from private conversations · n the Chamber wh~le the Council ~s ~n session (c) C~t~zens attending Council meetings also shall observe the same rules of proprletry, decorum, and good conduct applicable to the adm~nlstratlve staff Any person making personal, impertinent, or slanderous remarks or who becomes boisterous while addressing the Council or wh~le attending the Council meeting shall be removed from the room ~f the Sergeant-at-Arms is so d~rected by -4- the presiding officer, and such person shall be barred from further audience before the Council during that session of the Council (d) I~authorlzed remarks from the audience, stamp- · ng of feet, whistles, yells, and s~m~lar demonstrations shall not be permltted by the presiding offlcer, who shall dlrect the Sergeant- at-Arms to remove such offenders from the room Aggravated cases shall be prosecuted on appropriate complaint s~gned by the presiding offlcer In case the presiding officer shall fa~l to act, any mem- ber of the Council may move to require him to act to enforce the rules, and the affirmative vote of the ma3or~ty of the Council shall require the presiding officer to act (e) No placards, banners or signs of any klnd wall be permitted ~n the Co.nell Chamber except exhibits, displays and visual a~ds used in connection w~th presentations to the Council pro- vlded that such exhibits, d~splays and vlsual a~ds do not disrupt the meeting 3 4 Enforcement The C~ty Manager ~n the absence of a designated law enforce- ment officer, shall act as Sergeant-at-Arms for the Council, and shall furnish whatever assistance is needed to enforce the rules of decorum hereln established 3 5 Seating Arrangement The C~ty Secretary, C~ty Manager and C~ty ~ttorney 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 ex- change seats 4 TYPES OF MEETINGS 4 1 Regular Meetings The Council shall meet at seven o'clock p m on the first and thlrd Tuesday of each month or at any other t~mes set by the Council, unless postponed for valid reasons -5- All regular meetings of the Council will be held in the Municipal Building at 215 East McKlnney 4 2 Special Meetings Special Meetangs may be called by the Mayor, the City Manager, or by any three members of the Council The call for a specaal meeting shall be filed with the Caty Secretary in wratten form, and he shall post notice thereof as provided by law 4 3 Emergenc~ Meetings In case of emergency or urgent publac necessity, which shall be expressed in the notace of the meet- · ng, an emergency meetang may be called by the Mayor, the City Man- ager or by three members of the Council, and it shall be sufficient af the notice is posted two hours before the meeting is convened 4 4 Executive Meetings, The Council may meet in an execu- tave meeting or sessaon pursuant to the requirements of the Texas Open Meetings Law [Article 6252-17, V T C S ] 4 5 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 meetang 4 6 Notice of Meetings The agenda for all meetings shall be posted by the C~ty Secretary on the Caty's offacaal bulletin board and notice of all meetangs shall be given by the City Secretary pur- suant to the requirements of the Texas Open Meetings Law [Article 6252-17, V T C S ] 5 CHAIRMAN AND DUTIES 5 1 Chairman The Mayor, or in his absence, the Mayor Pre- Tem, shall preside as Chairman at all meetings of the Council In the absence of both the Mayor and the Mayor Pro-Tem, the Council shall elect a temporary Chairman [Charter, Sectaon 2 03] 5 2 Call to Order The meetings of the Council shall be called to order by the Mayor, or an has 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 tem- porary Chairman shall be elected as provided above -6- 5 3 Preservation of Order The Chairman shall preserve order and decorum, and confine members ~n debate to the question under d~scuss~on The Chairman shall call upon the Sergeant-at-Arms as necessary to enforce compliance w~th the rules contained herean 5 4 Poants of Order The Chaarman shall determine all points of order, subject to the r~ght of any member to appeal to the Council If any appeal Ks taken, the questlon shall be, "Shall the declsaon of the Chairman be susta~ned~" If a ma]oraty of the mem- bers present vote "No", the rullng of the chair is overruled, other- w~se, ~t ~s sustained 5 5 Questlons to be Stated The Chairman shall state all questions submltted for a vote and announce the result A roll call vote shall be taken upon the request of any member, and upon the pass- aqe of all ordinances and resolutions 5 6 Substitution for Chairman The Chairman may call any other member to take h~s place ~n the chair, such subst~tutlon not to continue beyond adjournment 5 7 Call for Recess The Chalrman may call for a recess of up to flfteen (15) mlnutes at regular antervals of approxlmately one hour at appropraate poants ~n the meetlng agenda, or if requested by any two members 6 ORDER OF BUSINESS 6 1 Agenda The order of bus~ness of each meeting shall be as contained ~n the Agenda prepared by the C~ty Manager and reviewed by two representatives of the Council (Agenda Committee) In the an- terest of t~me and efficiency, the Agenda Committee may postpone ~tems an an effort to hold an agenda to a reasonable lenqth, and the person requesting the deleted agenda atem shall be notlfled No a~enda ~tem may be postponed past the next regular Councal meet~nc unless such further postponement ~s w~th the oonsent of the person requesting such agenda ~tem The Agenda shall be a l~st~ng by topic of subjects to be considered by the Council, and shall be delivered to members of the Councal each Friday preceding the regular meetang to whlch at per- talns Conduct of buslness at Special Meetlngs wlll lakew~se be -7- governed by an agenda and rules of procedure contained herein 6 2 Presentations by Members of Council The Agenda shall provide a t~me when the Mayor or any Councllperson may bring before the Co~no~l any buslness that he feels should be dellberated upon by the Council These matters need not be speclflcally l~sted on the Agenda, but dlscuss~on and formal actlon on such matters shall be deferred until a subsequent Council meeting 6 3 Agenda Deadline Any person desiring to present a sub- ~ect for the Council's consideration shall advise the C~ty Manager's off~ce of that fact not later than 12 00 noon o'clock on Thursday preceding the meeting at which he w~shes the subject to be considered 6 4 Presentation by Citizens Any person who w~shes to address the Council shall advise the C~ty Secretary's Office of that fact and the specific subject matter to which he desires to speak no later than 12 00 noon Thursday prior to the Council meetlng at which he w~shes the deslgnated subject to be considered Any person who w~shes to address the Council w~thout having made th~s preparation must have the unanimous consent of the Council and w~ll be scheduled after all other regular bus~ness on the Agenda has been completed Th~s rule does not apply to anyone appearing at a public hearing ~n response to an official not~ce 6 5 T~me L~m~t Citizen speakers wlll limit remarks to f~ve (5) minutes Upon written request to the Clty ~ecretary five (5) days ~n advance of the Council meeting at which the speaker w~shes to appear, the tame l~mit may be extended to f~fteen (15) m~nutes ~f approved by the Chairman Longer extensions w~ll be granted only by a majority vote of the Council 6 6 Communications to Mayor and Council The Clty Manager shall provlde the Council w~th an analys~s of ma~or items to be acted -8- upon by the Co~ncll at ~ts meetings These commun~catlons shall be delivered to Co~unc~l members eaoh Friday preceding the Tuesday meet- ~ngs at whlch they w~ll be dlsoussed, unless an emergency condition makes ~t necessary to deliver the communications on a subsequent day 6 7 Oral Presentations by C~ty Manager Matters requlr~ng the Council's attention or action which may have detention or action which may have developed s~nce the deadline for delivery of the written comm%%n~at~on to the Council, may be presented orally by the C~ty Manager If formal Council action on a subject ~s required, such action may be taken provided the provisions of the Texas Open Meetings Law have been sat~sfled 7 CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7 1 Printed or Typewritten Form All ordinances and reso- lutions shall be presented to the Council only ~n printed or type- wrltten form The Co~ac~l may, by proper motlon, amend any ordinance or resolution presented to ~t 7 2 C~ty Attorney to Approve All ordinances, resolutions and contracts and amendments thereto, shall be approved as to form and legality by the Clty Attorney [Charter, Section 6 02] 7 3 D~strlbut~on of Ordinances and Resolutions The C~ty Manager shall prepare cop~es of all proposed ordinances and resolu- tions for d~str~but~on to all members of the Council at the meeting at which the ordinance or resolution ~s ~ntroduced, or at such earlier t~me as ~s expedient 7 4 Record~n~ 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 ~n the m~nutes [Charter, Section 2 06 (b) ] 7 5 Ma~or~t~ Vote Required An affirmative vote of three (3) members ls necessary to repeal any ordinance or take any offl- c~al action an the name of the C~ty except as otherwlse provided ~n -9- the Charter or by the laws of the State of Texas [Charter, Section 2 06 (a) ] 7 6 Demand for Roll Call Upon demand of any member, made before the negative has been put (calling for the negative vote on the question), 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 llmlted to cases in which his ~ntegrlty, character, or motives are assailed, questioned, or impugned 7 8 Dissents and Protests Any member shall have the right to express d~ssent from or protest against any ordinance or resolution of the Council and have the reason therefor entered upon the m~nutes 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 Mo member shall be excused from vot- ing except for lack of information and except on matters involving the consideration of his own off~clal conduct, or where has personal interests are involved, and an these anstances he shall abstaln Any member prohibited from voting by personal interest shall announce at the com~encement of consideration of the matter that he is abstaln~nq from voting on the matter and shall not enter anto discussion or de- bate on any such matter The member having braefly stated the rea- son for his request, the excuse from votang shall be made wlthout debate 7 10 Order of Precedence of Motions (a) The following motaons shall have prloraty an the order andacated 1 Adjourn (when privileged) 2 Take a recess (when prav~leged) 3 Raise a questaon of pravllege -10- 4 Lay on the table 5 Previous question (2/3 vote required) 6 Llmat or extend limits of debate (2/3 vote requared) 7 Postpone to a certaan tame 8 Commzt or refer 9 Amend l0 Postpone andef~nately 11 Ma~n motaon (b) The first two motions are not always pravlleged To ad- journ shall lose ars pravalege character and be a ma~n motion af an any way qualified To take a recess shall be pr~valeged only when other busaness ~s pending (c) A motion to adjourn as not an order 1 When repeated wathout anterven~ng bus~ness or discussaon 2 When made as an anterruptaon of a member whale speaklng 3 Whale a vote is bezng taken (d)Can be amended - others cannot be amended (e) A motlon to amend shall be undebatable when the questaon to be amended is undebatable 7 11 Reconsideration A motaon to reconsader any actaon of the Council can be made not later than the next succeedang offa- caal meeting of the Co~%nc~l. Such a motaon can only be made by a member who voted wath the majoraty It can be seconded by any mem- ber No questaon shall be twace reconsadered, except by unanamous consent of the Council, except that action relatzng to any contract may be reconsadered at any time before the fznal execution thereof 7 12 The Prevaous Questaon When the prevaous question as moved and seconded, at shall be put as follows "Shall the main questaon be now put9'' There shall then be no further amendment or debate, but pendang amendments shall be put an thear order before the maan question If the ~otaon for the prevaous questaon as lost, the maan question remains before the Councal An affarmatave vote of three-fifths of the Councal shall be required to move the prevaous questlon To demand the prevlous questmon as equivalent an effect -il- to moving "that debate now oease, and the Councal ammedaately proceed to vote on the pendang motion" In practace, this is done wath the phrase "Call for the Questaon", or samply sayang "Questaon" 7 13 W~thdrawal of Motlons A motaon may be wathdrawn, or modafaed, by ats mover w~thout asking permlssaon untal the motion has been stated by the Chaarman If the mover modafaes has motaon, the seconder may wathdraw has second After the question has been stated, the mover shall neither withdraw at nor modafy ~t wathout the consent of the Councal 7 14 Amen~tments to Motaons No motaon or proposataon of a subject ~lfferent from that ~nder ¢onsaderataon shall be admatted under color of amendment A motaon to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be ~n order 7 15 Appropraat~ons of Money Before formal approval by the Counoal of motaons provad~ng for appropraatlon of money, anformataon must be presented to the Coun~al showing the purpose of the approprla- taon In addition, before flnally aotang on s~ch an appropr~ataon, the Couno~l shall obtaln a report from the Caty Manager as to the ava~l- abalaty of f~nds and has reoommendataons as to the des~rabal~ty of the appropraat~on 7 16 Transfer of Appropr~ataons Upon the wratten recommen- dataon of the Caty Manager, the Co~ncal may at any time transfer an unencumbered balance of an appropraat~on made for the use of one depart- ment, davas~on, or purpose, but no transfer shall be made of revenues or earnangs of any nontax s~pported publac utal~ty to any other purpose 8 CREATION OF COM~ITTEES, BOARDS AND COMMISSIONS 8 1 Council Committees The Councal may, as the need arises, authoraze the appoantment of "ad hoc" Co~ncal commattees Any comm~t- tee so oreated shall cease to exast upon the accomplashment of the specaal purpose for wha~h at was created or when abolashed by a majority vote of the Councal -12- 8 2 Cztazen B0ards~ Commlssaon~,, and Commattees The Councal may create other Committees, Boards, and Commlssaons to assast an the conduct of the operataon of the City government wath such dutaes as the Council may specafy not anconslstent wath the Caty Charter or Code Membershaps and selection of members shall be as provaded by the Councal af not speclfaed by the City Charter or Code Any Commattees, Boards, or Commassaons so created shall cease to exist upon the acoomplashment of the specaal purpose for whach at was created, or when abolashed by a majoraty vote of the Council. No Commattee so appoanted shall have powers other than advisory to the Councal or to the City Manager, except as other- wise specafaed by the Charter or Code 9 VOTES REQUIRED Questions on which the voting requarement Ks varied by the Charter, State Statutes and these rules are lasted below 9 1 Charter and State Statutory Requir,emen~s (a) Charter Amendment - Four Votes Ordinances s ubmzttlng proposed Charter amend- ments must be adopted by a two-thards vote of the Councal (Artacle XI, Section 3, Texas Constatutaon and Article 1165, Revised Civil Statutes] For a five member Council, thas means four members must vote affirmatIvely, as three-fifths is less than two-thirds, hence a four-fafths vote of all the members is required (b) Lev~;an9 Taxes - Four Votes Ordanances providing for the assessment and col- lectaon of taxes requare the approval of two-thards of the members of the Councal [Arta¢le 1033, Revased Cavil Statutes] (c) Changing Pavang Assessment Plans - Four Votes Changes in plans for pavang assessment require a two-thirds vote of the Counczl [Artacle l105b, Section 10, Re~ vased Clval Statutes] -13- (d) Changes ~n Zoning Ord~n~ce - Four Votes Changes ~n Zoning Classifications, where a hear- · ng ~s held by the Co~c~l and such change ~s protested by owners of twenty (20%) percent or more of the area w~th~n 200 feet of the affected property, must have the approval of four (4) me~ers of the Co~c~l [Article 1011e, ~v~sed C~v~l Statutes and the Revised Zoning Ordinance] A four-f~fths vote of the total me~ersh~p shall be required to overr~de a decision of the Planning and Zoning Com- ~ss~on except as othe~lse provided ~n the Charter or by the general laws of the State of ~xas [Charter, Sectlon 2 06(a)] 10 RULES SUSPENSION OR AMENDMENT 10 1 Suspension of Rules Any provlslon of these rules not governed by the C~ty Charter or Code may be temporarily suspended by a majority vote of the Co~cll The vote on any such suspension shall be taken by yeas and noes and entered upon the record 10 2 A~en~ent of Rules These rules may be amended, or new rules adopted by a majority vote of me~ers of the Co~c~l pre- sent, provlded that the proposed amendments or new rules shall have been ~ntroduced ~nto the record at a prior Co~c~l meeting 11 SEVE~BILITY CLAUSE That ~f any section, subsection, paragraph, sentence, clause, phrase or word ~n th~s ordinance, or application thereof to any per- son or c~rc~stances ~s held lnval~d by any court of competent juris- diction, such holding shall not affect the validity of the remaining portions of th~s ordinance, and the C~ty Council o~ the C~ty o~ Denton, Texas, hereby declares ~t would have enacted such remainIng portions despite any such ~nval~d~ty PASSED and APPRO~D th~s the 19th day of October, ~ D 1976 ELINOR HUGHES, ~YOR ~S TO LEGAL FO~ PAUL C ISH~, CITY ATTO~EY -14- 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 smd City, and WHEREAS, because of its desire to more effectively and efficiently serve the public through the medium of public meetings, it has become necessary to amend and consolidate all amendments of the City Council Rules of Procedure, NOW, THEREFORE, THE COLTNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SP~CTTON 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 AIITHORITY 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 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 including the city adrmmstratlve staff, news media, and visitors 2 GlZ, NF, R Al, RI Jl,E,q 2 1 Me.e. tmgs ta he. Pnbhe 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 (Vernons Annotated Texas Civil Statutes 1999 (Veruons), as amended, shall be open to the pubhc PAGE 1 2 2 Qnnmm Four members of the Counml shall conshtute a quorum for the transactmn ofbusmess (Charter, Section 2 06) 2 3 ~ No member shall be excused from attendance at a Councd meettng except for good and vahd reasons 2 4 Mme.,ondu~ The Councd may pumsh its own members for m~sconduct 2 5 ~ An account of all proceechngs of the Council shall be kept by the C~ty Secretary and shall be entered m a book constituting the officml record of the Council A certified 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 (Vernons 1999), as mended 2 6 Qnea~ona to Contain One Sn~ect All questions submitted for a vote shall contmn one subject, except the City Council may approve all ~tems wtuch are on the consent agenda m one motion, regardless of how many subjects are contmned an the consent agenda, so long as all ~tems have been properly posted ~n accordance w~th the Texas Open Meetings Act and have not been removed from the consent agenda by a Councdmember If two or more pmnts are ~nvolved, any member may reqmre a &WSlOn, ~fthe question reasonably admits ora d~ws~on 2 7 R~ght nf Floor Any member desmng to speak shall be recograzed by the Chatrperson, and shall confine lus 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 wmbang to speak shall have spoken 2 8 ~ The C~ty Manager, or Acting C~ty Manager, shall attend all meetings of the Councd unless excused He or she may make recommendations to the Council and shall have the right to take part in all dmcusmons of the Council, but shall have no vote (Charter, Section 5 03 (d)) 2 9 C,~w. Attorney The C~ty Attorney, or Acting C~ty Attorney, shall be avmlable upon request for all meetings of the Council unless excused and shall, upon request, g~ve an op~mon, e~ther written or oral, on questmns of law The C~ty Attorney shall act as the Council's parhamentanan 2 10 ~ The C~ty Secretary, or Acting C~ty Secretary, shall attend all meetmgs of the Council unless excused, and shall keep the official rmnutes and perform such other duties as may be requested by the Council 2 11 C/ffieera and F.m?nyeea Any officer or employee of the C~ty, when requested by the C~ty Manager, shall attend any meeting of the Councd If requested to do so by the C~ty Manager, such employee may present mformanon relating to matters before the Council PAGE 2 212 g,,lea of Order These rules govern the proceedangs of the Council m all cases except that where these rules are silent, the most recent Edition of Robert's Rules of Order rewsed shall govern 213 ~ Any prowslon of these rules not governed by the C~ty 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 mto the minutes of the Council 214 Amendment c~fRulea These rules may be emended, or new rules adopted by the affumative vote of four members of the Council, provided that the proposed emendments or new rules shall have been mtroduced before the City Council at a prior Council meeting 3 COl~l?. O1~ CflNI~IICT 31 Cnnne.~lmernhera a Dunng Council meetings, Counedmembers 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 Counmlmember, once recogmzed shall not be interrupted whale spealong unless called to order by the Mayor or pres~chng officer, unless a point of order is raised by another member or the parhamentanan, or unless the speaker chooses to yield to questions from another member If a Councdmember is called to order whale he or she is speaking, he or she shall cease spealong immediately until the question of order is determined If ruled to be in order, he or she shall be perrmtted to proceed If ruled not to be in order he or she shall remain silent or shall alter has or her remarks so as to comply with rules of the Council 32 Acha~aI~SJa~ a Members of the Admlmstratlve staff and employees of the C~ty shall observe the same rules or procedure and decorum applicable to members of the Council, and shall have no voice unless and until recogmzed by the Chair b Whale 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 has or her direction and control c The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings PAGE 3 d All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any ~nd~wdual member thereof e No staff member, other than a staff member having the floor, shall enter mto any dmcuss~on e~ther d~rectly or indirectly wathout penmsslon of the presiding officer ~ltlzen~ C~t~zens and other wmtors are welcome to attend all public meetings of the City Councd, and will be admitted to the City Counml Chamber or other room ~n which the City Counml ~s meeting, up to the fire safety capacity of the room All meeting attendees shall conduct themselves with propriety and decorum Conversations between or among and~ence members should be conducted outside the meeting room Attendees wall refrain from excessively loud private convarsat~ons whale the Council ~s m semon Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and s~mllar demonstrations shall not be permitted Placards, banners, or s~gns will not be permitted ~n the C~ty Councd Chamber or ~n any other room in which the C~ty Councd ~s meeting Exhibits, displays, and wsual rods used in connection w~th presentations to the C~ty Councd, however, are permitted Au~hence members may not place their feet on any chmrs m the City Council Chamber or other room m winch the City Councd ~s meeting Only C~ty Council members and City staff may step on to the dins All people wishing to address the C~ty Councd shall first be recogmzed by the presiding officer and shall hmlt their remarks to the matter under thscuss~on All remarks and questions addressed to the C~ty Councd shall be addressed to the C~ty Councd as a whole and not to any ~nd~vldual members Any person addressing the City Councd ~n the C~ty Council Chamber shall do so from the lectern unless physically unable to do so People addressing the City Councd shall not be permitted to approach the dins If they wish to hand out papers or other materials to the C~ty Council, they should express that desire to the presiding officer, and the C~ty Manager shall d~rect a staff member to hand out PAGE 4 the materials When the time has expired for a presentataon to the Caty Cotmcfl, the presiding officer shall direct the person speaking to cease A second request from the premthng officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak k Eqmpment, apparatus, or paraphemaha such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwase be located ~n the doorway, entranceway, or walkways of the C~ty Council Chambers or of any other room m which the C~ty Council may choose to meet Representatives of the electromc medm may set up cameras and other eqmpment only an the back of the room It as permmsable for telewsmn camera operators to film for short periods of tame (several m~nutes) from the entranceway to the Caty Councd Chambers usang hand- held cameras only Any radao statmn, which broadcasts the regular Caty Council meetmgs hve may hook their eqmpment up at the front of the room as long as it remains out of saght and out of the way There wall be a umformed C~ty of Denton pohce officer present at all regular meetings of the C~ty Council Thas pohce officer shall act m the capacity of a security officer/sergeant-at-arms, and shall enforce the meeting rules and act upon the d~rectaon of the presiding officer m Any person makang personal, ~mpertlnent, profane, or slanderous remarks, or who becomes boisterous while addressing the Caty Councal or who otherwme wolates any of the above-mentioned rules while attendmg a Caty Council meetmg shall be removed from the room at the darect~on of the presiding officer, and the person shall be barred from further audaence before thc C~ty CotmcH dunng that sesmon of the C~ty Counml If the pres~dmg officer fads to act, any member of the City Counc~l may move to reqmre the offending person's removal, and the affirmative vote ora majority of the C~ty Cotmcfl shall reqmre the presiding officer to act The sergeant-at-arms, ff so d~rected by the pres~dang officer or an affirmative vote of the majority of the C~ty Councd, shall remove the offending person from the meeting 3 4 El~fdreement The Clty Manager, tn the absence of a designated law enforcement officer, shall act as Sergeant-at Arms for the Council, and shall fumash whatever assmtance is needed to enforce the rules of decorum here~n estabhshed 3 5 Seating Arrangement The C~ty Secretary, City Manager and Caty Attorney shall occupy the respechve seats an the Councal Chamber assagned to them by the Mayor, but any two or more members of the Council may exchange seats PAGE 5 4 1 Re.~m]lar ]Vl'ee, tm~ The Council shall meet at six o clock p m on the first and tturd Tuesday of each month, with executive sessions (closed meetings) of the Council commencing at five fifteen o'clock p m, or at any other tune set by the Council, unless the meeting is postponed or cancelled for valid masons All mgnlar meetings of the Council will be held m the Municipal Builchng at 215 East McI<hnney Street, or at such other location as the City Council may, by motion, resolution or ordinance from time to ttme designate 4 2 Speeml_Meetmgs 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 an 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, (Vemons 1999, as emended) The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than the Mumclpal Braiding as long as the location IS open to the pubhc 4 3 3Xo~ Workshop meetings or work sessions may be called usmg the same procedure required for special meetings (See Sec 4 2) The purpose of the workshop meeting is to ~hscuss or explore matters of interest to the City to meet with City Board, Commlsslun, or Committee Members, City staff or officers of civic orgamzataons, govermng 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 adwsed of the nature of the work sessmn 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 tins procedure ~s to allow the citizens attending the regular meetmg the opportumty of hearing the views of their fellow citizens in a more formal semng Any citizen may supply the C~ty Council a wrinen statement or report regardmg the citizen's oplmon on a matter being discussed m a work session If the Mayor mwtes citizens to participate in a work sessmn, their pamclpat~on will cease at the point the Mayor closes the session to public input to allow the Council to give City staff chrection as to needed information for the possible future meetmg w~thout d~stractmg comment from the audience 4 4 Emergency lMeetmg~q In case of emergency or urgent public necessity, which shall be expressed m 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 ~t shall be sufficient If the notice is posted two hours before the meeting is convened 4 $ Cloned Meetm?q The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vernons 1999), as amended PAGE 6 4 6 ~ Any meeting of the Council may be recessed to a later tune, promded that no recess shall be for a longer period than until the next regular meettng 4 7 ~ 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 g~ven by the City Secretary pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons 1999, as mended ) 5 1 pmmdmg Officer The Mayor, or in the absence of the Mayor, the Mayor Pro- Tem, shall preside as chmrman, or presldang officer at all meetings of the Council In the absence of both the Mayor and Mayor Pro-Tern, the Council shall elect a temporary presiding officer (Charter, Sectmn 2 03) 5 2 Call tn Order The meetings of the Council shall be called to order by the Mayor, or in las or her absence, by the Mayor Pro-Tem In the absence of both the Mayor and the Mayor Pro Tern, the meeting shall be called to order by the City Secretary, and a temporary presldmg officer shall be elected as provided above 5 3 Prenervatmn nf Order The presldmg officer shall preserve order and decorum, and confine members in debate to the question under discussion The preslchng officer shall call upon the Sergeant-at-Arms as necessary to enforce compliance with the roles contmned herein 5 4 Pnmtg nf Order The presl&ng 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 sustmned?" If a majority of the members present vote "No", the mhng of the chmr is overruled, otherwise, it is sustmned 5 5 ~ The presiding officer shall state all questions subrmtted 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 guhgtm~tmn for Preg~dmg Officer The presiding officer may call any other member to take las or her place in the chart, such substitution not to continue beyond adjournment 5 7 Call far Re. cegg 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 ORTII~,R t'~l~ RII~INF~R (Section 2-29 of the C~ty Code "City Councd Procedures, Order of Business") 6 1 (2-29(a)) ~eaxla The order of busaness of each meetang shall be as contained m the agenda prepared by the City Manager, winch shall be reviewed and approved by an Agenda Conmuttee composed of the Mayor, one other member of the City Council selected by the Councd, and the City Manager The agenda shall be a hstmg by topm 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 ~tems shall be taken up in the order of removal right after the consent agenda Placement of items on the agenda shall be governed by tins Section and Section 6 3, provided that if a Councllmember has an "emergency" item that the Councllmember believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee Conduct of busaness at special meetings and Council Committees and subcommittees will hkew~se be govemed by an agenda and these Rules of Pro cedure 6 2 (2-29(b)) pledge of Allegmnee Each agenda shall provide an item for the recatal of the "Pledge of Allegiance" at the regularly scheduled city council meetings Ttus item shall begin wath the remtal of the pledge of allegmnce for the Umted States flag and shall follow w~th a recatal of the pledge of allegaance for the Texas state flag in accordance with artacle 6139 (b) of Vemons Annotated Texas Civil Statutes 6 3 (2-29(c)) pro. nentatmnn hy Member~ nfCnnnml The agenda shall provide a time 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 specifically listed on the agenda, but dmcuss~on and formal aetton on such matters shall be deferred until a subsequent Council meeting Any member may suggest an item for thscusslon at a future work session The Caty Manager or c~ty staff shall only respond prehmlnanly on tins item at the work session If the City Council believes the item reqmres a more detmled review, the Council wall gave the City Man- ager or City Staff &rect~on 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)) Pre~qentat~nn hy C~tl~en~ a (2-29(d)(0) C,t, zen R~ort.q Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall adwse the Caty Manager's office of that fact and the specified subject matter winch he or she desires to place on the agenda no later than 5 00 p m Wednesday prior to the Councd meeting at winch he or she wishes the designated subJeCt to be considered A time for such cmzen reports shall be prowded on the agenda after the pledge of allegmnce, approval of the minutes, and the presentation of proclamatmns Any speaker providing a citizen report shall speak for no longer than five (5) minutes on all ttems 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 th-ne No citizen may fill out a request to speak' form or have an opportumty to PAGE 8 speak or comment on another clhzen's report which m given at the same Courlcll meeting b (2-29(d)00) ~qpeak'nE on Re~mflar and Con~ent Agenda Item~q Any person who wishes to address the Council regarthng 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 regardmg the item and return it to the City Secretary before the Council eonmders the item The Mayor wall call upon the cmzen 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 appearmg at a publac hearing in response to an official agenda nottce or pubhcatlon The provmlons of ttus 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 tlus orthnance c (2-29(d)0u)) Any person who wishes to address the Cotmcfl at a pubhc heanng shall complete a "request to speak" form and return it to the City Secretary before the applicable heanng The Mayor will call upon the mt~zen to speak for no longer than five (5) minutes 6 5 (2-29(e)) T,me I am~tq Speakers before the Cotmcfl shall limit their remarks to five (5) minutes or less for pubhc heanng items and citizen reports Cltazens speakang to a non-pubhc heanng agenda item shall limit their presentations to three (3) minutes or less 6 6 (2-29(0) Oral Pre~entatmnn hy C,~ Manager Matters reqmnng the Council's attentzon or action wbach may have developed a~ter the deadlme for delivery of the written commumcatlon 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 provlmons of the Texas Open Meetings Act have been satasfied 6 7 (2-29(g)) Pre,~eratatmn af Proelamatmn~ The agenda may provide a time for the presentatmn of proclamations The Mayor or presiding officer may deliver and present proclamations upon the request of citazens 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 adverhslng purpose 7 f~C~N~II~ERATION OF OI~I~INANCE~: RE,gIOI ,IITION~: AND MOTIONS 7 1 Prm~ ar T.vpewrmen garm All ordinances and resolutmns shall be presented to the Council In pnnted or typewritten form The Council may, by proper motion, amend any ordmance or resolutmn presented to it and direct that the amended ordinance be placed on the next Council Agenda for adoption 7 2 C~ty Attnmey m Apprnve All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written oplmon on the legality of such ordinance, resolution or contract prior to submission to the Council (Charter, Section 6 02) PAGE 9 7 3 Dmtnhntmn nf fh'dmanee,q and Re~qnlntmn~q The City Manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at wbach the ordinance or resolution is introduced, or at such earlier tame as is expedient 7 4 Re~nrdmg of Vnte~ The yeas and nays shall be taken upon the passage of all ordinances and resoluttons and the vote of each member shall be recorded in the minutes (Charter Section 2 06 (b)) 7 5 M~nr~ty Vote geqmred An affmnat~ve vote of four (4) members is necessary to repeal any ordmance or take any official action an the name of the City except as otherwise provided m 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 wbach end in a he-vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present 7 6 ~mamtZa~R~LC~ Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exceptmn of tho~qe mrenmgtance~q forth m ~qeetmn 7.12; The Prevmn~q Questmn It shall not be in order for members to explmn their vote dunng the roll call 7 7 Pemonal Pnwlego The right of a member to address the Council on a question of personal privilege shall be limited to cases in wbach bas or her integrity, character, or motives are asstuled, questioned, or nnpugned 7 8 Dm~qent~ and Prnte~tg 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 obj coted to 7 9 Vntmg Reo2nrecl No member shall be excused from voting except for lack of mformatlon and except on matters mvolwng the cons~deration of bas or her own officml conduct, or where bas 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 abstain Any member probabited from votang by personal interest shall announce tbas 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 bas or her request, the excuse from voting shall be made without debate PAGE 10 '7 10 Order nfPre~edene~e nfM'ntlnn~ a The following motions shall have priority m the order indicated 1 Adjourn (when unqualified) and is not debatable and may not be amended, 2 Take a recess (when privileged), 3 Rinse a question of privilege, 4 Lay on the table, 5 Previous question (2/3 vote required), 6 Limit or extend limits of debate (2/3 vote required), 7 Postpone to a certain tame, 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 pnwlege character and be a moan motion if m any way qualified To take a recess shall be privileged only other business is penthng c A motion to adjourn is not in order 1 When repeated without lntervemng business or discussion, 2 When made as an lntermptaon of a member while speaking, 3 Wlule a vote is being taken d Only certain motaons may be amended as provided in the most current edition of Robert's Rules of Order, rewsed A motion to amend shall be undebatable when the question to be amended is undebatable 7 11 Remnsuteratmn A motion to reconsider any action of the Council can be made PAGE 11 not later than the next succeechng official meeting of the Council Such a motion can only be made by a member who voted with the prevaalmg side It can be seconded by any member In order to comply w~th the Texas Open Meetings Act, any Councllmember who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall not~fy the City Manager to place the item for reconsideration on the Council agenda No questaon shall be twice reconsidered, except by unammous consent of the Council, except that action related to any contract may be reconsidered at any t~me before the final execution thereof A matter wluch was not timely reconsidered in the manner provided by ttus section or was reconsidered but the action ongmally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Cotmcfl meeting agenda for a period of six (6) months unless tlus rule is suspended as provided for m these Rules of Procedure 7 12 The Prewnn~q Que.~t~nn When the previous question is moved and seconded, it shall be put as follows "Shall the mom quemon be now put?" There shall then be no further amendment or debate, except that nnth~n~ hemm .qhall allow the prewnn~ n21e~tmn tn he called pnnr tn a lea~qt one nppnrtnmty Far each memher nf the Cnnncll to .?eak on the a?entmn hefare the C~nuncll Any pending amendments shall be put in their order before the mmn question If the motion for the previous question is lost, the mmn question remains 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 in effect to mowng "That debate now cease, and the Coancll shall lmmechately proceed to vote on the pending motion" In practice, tlus is done with the phrase "Call for the question", or simply saying "Question" 7 13 W~thdrawal of Mntmn~q A motion may be withdrawn, or modafied, by its movant without asking permms~on untal the motion has been stated by the Presiding Officer If the movant modifies bas or her motion, the seconding counmlmember may withdraw Ins or her second Alter the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council The subject dlfferant from that under consideration shall be admitted under color o f 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 p,p?nprmtmna nf Money Before formal approval by the Council of motions providing for appropriation of money, reformation 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 avmlablhty of fimds and his or her recommendations as to the desirability of the appropriation 7 15 Tran.qfer of Approprtatmn~ At the request of the City Manager, at any time dunng the fiscal year, the Council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose, but no transfer shall be made of revenues or earmngs of any non-tax supported public utility to any other purpose PAGE 12 8 CRF. ATIC)N OF Ct'~MMITTF.~,q: Rf~ARD~ AND COMMI~ION.q 8 1 ~ The Co~ml may, ~ the ne~ roses, au~onze the appo~n~t of ~e "ad hoe" ComcH COOl,eCS ~y co~ee so created sh~l cease to ex~st upon the ~mphs~ent of the ~ec~ p~ose for w~ch it w~ created or when abohshed by a majon~ vote of~e Co.cfi 8 2 ~tl~en Rnardg: ~nmmlgglnng: and Cnmm~ee~ ~e Co~cll may create o~ Co~mees, Bo~ds ~d Co~ms~ons ~ ~mst ~n the conduct of ~e operation of the C~ govement ~ such duaes as ~e Co.cfi may sp~ not ~nconslstmt m~ ~e C~ Ch~ or Code Memb~ps ~d selection ofmmb~ sh~l be ~ provided by ~e Co.cH ~fnot specified by ~e Cl~ Cheer or Code ~y Co~Ree, Bo~, or Co~lsmon so creat~ sh~l cede to ex~st upon ~e accomplisher of ~e spec~ p~ose for w~ch ~t w~ created, or when abolished by a majon~ of ~e vote of the Co.cfi No Co~Ree so appointed shall have pow~ o~er adv~sou to ~e Co.mi or to ~e C~ M~ager, exc~t ~ othe~se specified by ~e Ch~ or Code 8 3 Appnln~entg a ~d~mdu~ C1~ CouncHmmb~ m~lng nonnnatlons for members to mtlzen bo~ds ~d co~sslons wall consider lnterest~ p~ons on a c~t~de b~ls b ~e C~ Co.ell wall m~e ~ effo~ to be ~nclus~ve of all se~ents of the co~m~ ~n · e bo~d ~d comms~on appointer process C~ Counc~embers will consider gender, SOClO-economlc levels, ~d o~er factors to ensue a d~ve~e representation of D~ton citizens c ~e Cl~ Co~cd will t~e ~nto consideration ~ m&~dual's quahficm~ons, w~llln~ess to se~e, ~d appheat~on ~nfo~at~on m selecting nominations for membe~hlp to each bo~d ~d co~sslon d h ~ effo~ to ensue m~mm cmzen p~c~pat~on, C~ Co~c~embe~ will continue ~e g~ practme of no~na~g new c~t~zens to r~lace bo~d memb~ who have se~ed ~ee consecutive, ~11 terns on ~e sine bo~d e Each C~ Co~c~ember will be responsible for m~ng nom~nm~ons for bo~d ~d com~smon places ~s~ed to ~m or h~, which may co~espond to the C~ Co~cl~ember's place ~mdu~ Cl~ Co~c~mbers will m~e nomlnmmns to ~e hll CI~ Councd for ~e govemng body's appmv~ or d~sapproval 8 4 Rule~ of ~oeedn~ Bo~d ~d Co~sslon members sh~l comply w~ ~e prows~ons of ~cle IH of Chapter 2 of ~e Code of ~d~nmces Each Bo~d shall be prowded a copy of ~ese roles of proc~e ~d each advlso~ bo~d shall adopt roles of procedure gov~ng PAGE 13 the operation of~ts board, incorporating Sections 2, 3, 5, and 7 hereof msofar as is possible 9 VOTEg Qunst~ons on wlmch the voting reqmrement ~s vaned by the Charter, State Statutes and these rules are listed below 9 1 Charter and State Statutory Reqmrements a 1'2hartex Amendment - F~ve Votes Ordrnances submitting proposed Charter amendments must be adopted by a two-t~rds vote of the Council (Artmle XI, Section 3, Texas Constitution and Chapter 9, Texas Local Government Code (Vemons 1999, as amended ) For a seven member Council, ttus means five members must vote affirmatively b l.~..v~, nE Taxes - F~ve Votes Ordinances promdlng for the assessment and collection of certmn taxes require the approval of two-tlurds of the members of the Council (Section 302 101, Texas Tax Code) (Vernons, 1999, as amended ) c Chan~mng Pamng A~ae~ment Plan~ - F~ve Vote,q Changes in plans for paving assessment reqmre a two-tlurds vote of the Council (Section 313 053(e) Transportation Code, Vemons 1999, as amended ) d Changes m Zoning Ordmanen or Zoning Claaa~fieatmna In cases of a written protest of a change in a zomng regulation or zomng classfficat~on 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 adjoimng 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 ovemde the decision of the Planmng and Zoning Commission that a zoning change be demed e Amendment of Tax Abatement Pohey 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 C~ty Council (Section 312 002(c)) Texas Tax Code (Vernons 1999, as amended ) 10 SF~VI~,R A llll JTV (~I.AIIgE That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or appllcatlon thereof to any person or circumstances is held invalid by any court of competent junsdrcaon, such holding shall not affect the vahdlty of the remmmng portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remmmng portions despite any such invalidity PAGE 14 SEC_.TKlhL2. That Ordinances 74-48, 81 35, 90-026, 90-150, 92-115, and 93-073 are hereby repealed .qF.~TI('INI 3. That ttus Ordinance shall become effecttve ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED ttus the/~--~ day of .~g~- ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 15