21-102221-1022ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON REPEALING AND REPLACING CITY OF
DENTON CODE OF ORDINANCES SECTION 2-29 (CITY COUNCIL RULES OF
PROCEDURE); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS-
CoV2 which causes the disease COVID-19, has spread throughout the world and has now been
declared a global pandemic by the World Health Organization; and
WHEREAS, in March of 2020 the Attorney General suspended certain statutes related to
the Texas Open Meetings Act so that governmental entities can continue governmental business
during the term of the state of emergency using alternative measures for meetings; and
WHEREAS, consistent with the Attorney General’s suspension of certain statutes related
to the Texas Open Meetings Act, the City Council of the City of Denton temporarily amended
Section 2-29 of the City of Denton Code of Ordinances on March 31, 2020 to provide for
flexibility in conducting City business and to specify alternative means for both Councilmembers
and the public to attend and participate in open meetings; and
WHEREAS, the City Council desires to allow for flexibility in meetings to accommodate
both in-person and videoconference meetings; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals contained in the preamble of this ordinance are true and correct,
and are hereby incorporated as if set out fully herein.
SECTION 2. Section 2-29, entitled Council Rules of Procedure, of the City of Denton Code
of Ordinances, including temporary amendments thereto, is hereby repealed and replaced as
follows:
Subpart A – Code of Ordinances
ARTICLE II. - ADMINISTRATIVE ORGANIZATION
Sec. 2-29. - City council rules of procedure.
(a) Authority.
(1) Charter: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton,
Texas, the City Council hereby enacts these rules of procedure for all meetings of the
City Council of the City of Denton, Texas.
During any meeting, a reasonable opportunity shall be given for citizens to be heard
under these rules. These Rules of Procedure are enacted as guidelines to be followed by
all persons in the Council Chamber including the city administrative staff, news media,
and visitors.
(b) General rules
(1) Meetings to be public: All official meetings of the Council and Council committees and
subcommittees, except closed meetings permitted by the provisions of the Texas Open
Meetings Act, V.T.C.A. Government Code Ch. 551, (Vernon 2014), as amended, shall be
open to the public.
(2) Quorum: Four (4) members of the council shall constitute a quorum for the transaction of
business. (Charter, Section 2.06)
(3) Compelling attendance: No member shall be excused from attendance at a council
meeting except for good and valid reasons. It will be the duty of the council member to
notify the city secretary prior to the meeting at which he or she is going to be absent. The
city secretary will record each council member as being present or absent as a part of the
minutes prepared for each council meeting.
(4) Misconduct: The council may punish its own members for misconduct consistent with
any ethics policy adopted by the council.
(5) Minutes of meetings: An account of all proceedings of the council shall be kept by the
city secretary and shall be entered in a book constituting the official record of the council.
A certified agenda shall be prepared and shall be approved by the mayor for all closed
meetings for which a certified agenda is required to be kept in accordance with the Texas
Open Meetings Act.
(6) Questions to contain one subject: All questions submitted for a vote shall contain one
subject, except the city council may approve all items which are on the consent agenda in
one motion, regardless of how many subjects are contained in the consent agenda, so long
as all items have been properly posted in accordance with the Texas Open Meetings Act
and have not been removed from the consent agenda by a council member. If two or
more points are involved, any member may require a division, if the question reasonably
admits of a division.
(7) Right to floor: Any member desiring to speak shall be recognized by the chairperson, and
shall confine his or her remarks to the subject under consideration or to be considered. No
member shall be allowed to speak more than once on any one subject until every member
wishing to speak shall have spoken.
(8) City manager: The city manager, or acting city manager, shall attend all meetings of the
council unless excused. He or she may make recommendations to the council and shall
have the right to take part in all discussions of the council, but shall have no vote.
(Charter, Section 5.03 (d))
(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.
(10) City secretary: The city secretary, or acting city secretary, shall attend all meetings of
the council unless excused, and shall keep the official minutes and perform such other
duties as may be requested by the council.
(1 1) 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.
(12) Rules of order: These rules govern the proceedings of the council in all cases, except
that where these rules are silent, the most recent Edition of Robert’s Rules of Order shall
govern .
( 13) Suspension of rules: Any provision of these rules not governed by the City Charter or
other City Code provisions may be temporarily suspended by the affirmative vote of four
(4) members of the council. The vote on any such suspension shall be taken by yeas or
nays and entered into the minutes of the council.
(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.
(15) Attendance under this subsection may be in-person or via videoconference or
teleconference.
(c) Code of conduct
( 1) Council members:
a. During council meetings, council members 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 council member, once recognized, shall not be interrupted while speaking unless
called to order by the mayor or presiding officer, unless a point of order is raised by
another member or the parliamentarian, or unless the speaker chooses to yield to
questions from another member. If a council member is called to order while he or
she is speaking, he or she shall cease speaking immediately until the question of order
is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled
not to be in order, he or she shall remain silent or shall alter his or her remarks so as
to comply with rules of the council.
(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 recognized by the chair.
b. While the presiding officer shall have the authority to preserve decorum in meetings
as far as staff members and city employees are concerned, the city manager also shall
be responsible for the orderly conduct and decorum of all city employees under his or
her direction and control
c. The city manager shall take such disciplinary action as may be necessary to insure
that such decorum is preserved at all times by city employees in council meetings.
d. All remarks and questions addressed to the council shall be addressed to the council
as a whole and not to any individual member thereof.
e. No staff member, other than a staff member having the floor, shall enter into any
discussion either directly or indirectly without permission of the presiding officer.
(3) Citizens:
a. Citizens and other visitors are welcome to attend all public meetings of the city
council, and participate via any method the City makes available, including but not
limited to personal appearance, telephonic participation, and email/internet
submissions.
b. All meeting attendees shall conduct themselves with propriety and decorum.
Conversations between or among audience members should be conducted outside the
meeting room. Attendees will refrain from excessively loud private conversations
while the council is in session.
c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles,
yells, and similar demonstrations shall not be permitted.
d. Placards, banners, signs, pamphlets, flyers, or political materials of any type will not
be permitted in the city council chamber or in any other room in which the city
council is meeting. Exhibits, displays, and visual aids used in connection with
presentations to the city council, however, are permitted.
e. Audience members may not place their feet on any chairs in the city council chamber
or other room in which the city council is meeting.
f. Only city council members and city staff may step onto the dais.
g. All people wishing to address the city council shall first be recognized by the
presiding officer and shall limit their remarks to the matter under discussion.
h. All remarks and questions addressed to the city council shall be addressed to the city
council as a whole and not to any individual members.
Any person addressing the city council in the city council chamber shall do so from
the lectern unless physically unable to do so. People addressing the city council shall
not be permitted to approach the dais. If they wish to hand out papers or other
materials to the city council, they should express that desire to the presiding officer,
and the city manager shall direct a staff member to hand out the materials. Electronic
materials should be submitted through a dedicated email account at least four hours
prior to the start of the meeting.
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j. When the time has expired for a presentation to the city council, the presiding officer
shall direct the person speaking to cease. A second request from the presiding officer
to cease speaking shall be cause of the removal of the speaker if that person continues
to speak.
k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs
shall not obstruct, block, or otherwise be located in the doorway, entranceway, or
walkways of the city council chambers or of any other room in which the city council
may choose to meet. Representatives of the electronic media may set up cameras and
other equipment only in the back of the room. It is permissible for television camera
operators to film for short periods of time (several minutes) from the entranceway to
the city council chambers. Any radio station, which broadcasts the regular city
council meetings live, may hook their equipment up at the front of the room as long
as it remains out of sight and out of the way.
1. There will be a uniformed City of Denton police officer present at all regular
meetings of the city council. This police officer shall act in the capacity of a security
officer/sergeant-at-arms, and shall enforce the meeting rules and act upon the
direction of the presiding officer.
m. Any person making personal, impertinent, profane, or slanderous remarks, or who
becomes boisterous while addressing the city council or who otherwise violates any
of the above-mentioned rules while attending a city council meeting shall be removed
from the meeting at the direction of the presiding officer, and the person shall be
barred from further audience and participation before the city council during that
session of the city council. If the presiding officer fails to act, any member of the city
council may move to require the offending person’s removal, and the affirmative vote
of a majority of the city council shall require the presiding officer to act. The
sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the
majority of the city council, shall remove the offending person from the meeting.
(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.
(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 (2) or
more members of the council may exchange seats.
(6) Videoconferencing: City council members may elect to participate in a city council
meeting by videoconference in the event the member is traveling or unable to attend a
meeting due to illness or declaration of disaster or emergency.
a. Procedures for meeting by videoconference if a quorum will be in one physical
location:
The council meeting notice shall specify where the quorum of the governmental body
will be physically present, and the intent to have a quorum present at that location.
The video and audio feed of a remote councilmember or employee shall be broadcast
live at the meeting. Each portion of the meeting held by videoconference call that is
required to be open to the public shall be visible and audible to the public at the
location where the quorum is present. The location at which the quorum is present,
and each remote location from which a member of the governmental body
participates, shall have two-way audio and video communication with each other
location during the entire meeting. Each participant's face in the videoconference call,
while speaking, shall be clearly visible and audible to each other participant and,
during the open portion of the meeting, to the members of the public in attendance at
the location where a quorum is present, and at any other location of the meeting that
is open to the public. The audio and video signals perceptible by members of the
public at each location of the meeting shall meet or exceed minimum standards
established by Texas Department of Information Resources (DIR) rules. The audio
and video signals perceptible by members of the public at the location where the
quorum is present and, any other location open to the public, shall be of sufficient
quality so that members of the public at each location can observe the demeanor and
hear the voice of each participant in the open portion of the meeting. If a problem
occurs that causes a meeting to no longer be visible and audible to the public at the
location where a quorum is present, the meeting shall be recessed until the problem is
resolved, and if the problem is not resolved in six hours or less, the meeting shall be
adjourned. The city shall make at least an audio recording of the meeting, and the
recording shall be made available to the public.
b. Procedures for meeting by videoconference if a quorum will not be in one physical
location:
The city shall make available to the public at least one suitable physical space in the
city that is equipped with videoconference equipment that provides an audio and
video display, as well as a camera and microphone, by which a member of the public
can provide testimony or otherwise participate in the meeting. The member of the
governmental body presiding over the meeting shall be present at this site, and the
location must be open to the public. The meeting notice shall specify the physical
space provided, and shall also specify the intent to have the presiding officer present
at the location. Any member of the public present at this location shall be provided
the opportunity to participate in the meeting by means of a videoconference call in the
same manner as a person who is physically present at a meeting of the governmental
body that is not conducted by videoconference
Each portion of the meeting held by videoconference call that is required to be open
to the public shall be visible and audible to the public. The video and audio feed of a
remote councilmember or employee shall be broadcast live at the meeting. The site
provided in the city and each remote location from which a member participates, shall
have two-way audio and video communication with each member who is
participating by videoconference during the entire meeting. Each participant's face in
the videoconference, while speaking, must be clearly visible and audible to each other
participant and, during the open portion of the meeting, to the members of the public
in attendance at the meeting location in the city, and at any other location of the
meeting that may be open to the public. The audio and video signals perceptible by
members of the public at each location of the meeting shall meet or exceed minimum
standards established by DIR rules. The audio and video signals perceptible by
members of the public at each location of the meeting that is open to the public, and
each remote location, must be of sufficient quality so that members of the public at
each location can observe the demeanor and hear the voice of each participant in the
open portion of the meeting. If a problem occurs that causes the meeting to no longer
be visible and audible to the public at the meeting site in the city, the meeting must be
recessed until the problem is resolved, and if the problem is not resolved in six hours
or less, the meeting shall be adjourned. The city shall make at least an audio
recording of the meeting, and the recording shall be made available to the public.
c. Council members wishing to participate in a meeting by videoconference shall
provide notice to the city manager and the agenda committee not less than four (4)
days prior to the meeting.
(d) Types of meetings.
(1) Regular meetings: The council shall meet on the first and third Tuesday of each month, at
such time as may be set by the city council, unless the meeting is postponed or cancelled
for valid reasons. All regular meetings of the council will be held in City Hall at 215 East
McKinney Street, Denton, Texas or at such other location as the city council may, from
time to time by proper posting under the Open Meetings Act and so long as the meeting
is available to the public, designate. In the event a regular meeting falls on a day the city
observes a paid holiday, or the day after, no regular meeting shall be scheduled.
Furthermore, no regular meetings shall be held the first two weeks in July, nor the last
two weeks of November and December. The limitations in this provision do not apply to
other types of meetings which may be called under Section 2-29(d).
(2) Special meetings: Special meetings may be called by the mayor, the city manager, or by
any three (3) members of the council. The city secretary shall post notice thereof as
provided by the Texas Open Meetings Act. The mayor, city manager, or three (3) of the
council members may designate a location for the special meeting other than City Hall, as
long as the location is open to the public.
(3) Workshop meetings: Workshop meetings (also referred to as "work sessions") may be
held on the first and third Tuesday of each month at such time as may be set by the city
council, or on such other day as the city council may designate and at such time as may
be set by the city council, to discuss near to mid or long range issues and to answer city
council questions concerning all agenda items. Workshops or work sessions may be
called using the same procedure required for special meetings as provided for in
subsection (2) above. The purpose of the workshop meeting is to discuss or explore
matters of interest to the city, to meet with city boards, commissions, or committee
members, city staff or officers of civic organizations, governing bodies or individuals
specifically invited to the session by the mayor, council or city manager. These meetings
are informational and normally no final action shall be taken unless the posted agenda
indicates otherwise. However, the city council may, by consensus, provide general
direction to staff with regard to matters of interest or concern, understanding such matters
ultimately may require a formal vote of the council for implementation.
(4) Luncheon meetings: Luncheon workshop or work session meetings may be held on the
first Monday of each month at such time as may be set by the city council, or on such
other day as the city council may designate. Such meetings may be called using the same
procedure required for special meetings as provided for in subsection (2) above. The
purpose of the luncheon meeting is to discuss or explore matters of interest to the city, to
meet with city boards, commissions, or committee members, city staff or officers of civic
organizations, governing bodies or individuals specifically invited to the session by the
mayor, council or city manager. These meetings are informational and normally no final
action shall be taken unless the posted agenda indicates otherwise. However, the city
council may, by consensus, provide general direction to staff with regard to matters of
interest or concern, understanding such matters ultimately may require a formal vote of
the council for implementation.
(5) 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 one hour before the meeting is convened. Council members shall
notify staff as soon as possible if they will participate in an emergency meeting via
videoconference.
(6) Closed meetings: The council may meet in a closed meeting pursuant to the requirements
of the Texas Open Meetings Act.
(7) 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 business day.
(8) Notice of meetings: The agenda for all meetings, including council committee or
subcommittee meetings, shall be posted by the city secretary on the city’s official bulletin
board and notice of all meetings shall be given by the city secretary pursuant to the
requirements of the Texas Open Meetings Act.
(e) Presiding officer and duties.
(1) Presiding officer: The mayor, or in the absence of the mayor, the mayor pro-tem, shall
preside as chairman, or presiding officer at all meetings of the council. In the absence of
the mayor and the mayor pro-tem, the council shall elect a temporary presiding officer.
(Charter, Section 2.03)
(2) Call to order: The meetings of the council shall be called to order by the mayor, or in his
or her absence, by the mayor pro-tem. In the absence of both the mayor and the mayor
pro-tem, the meeting shall be called to order by the city secretary, and a temporary
presiding officer shall be elected as provided above.
(3) Preservation of order: The presiding officer shall preserve order and decorum, and
confine members in debate to the question under discussion. The presiding officer shall
call upon the sergeant-at-arms as necessary to enforce compliance with the rules
contained herein.
(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) 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.
(6) Substitution for presiding officer: The presiding officer may call any other member to
take his or her place in the chair, such substitution not to continue beyond adjournment.
(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 (2) members.
Order of business
(1) Agenda: The order of business of each meeting shall be as contained in the agenda
prepared by the city manager, which shall be reviewed and approved by an agenda
committee composed of the mayor, the mayor pro-tem, and the city manager. When items
are removed from the consent agenda and placed on the regular agenda by members of
the council, the removed items shall be taken up in the order of removal right after the
consent agenda. Placement of items on the agenda shall be governed by this ordinance;
provided that if a council member has an "emergency" item that the council member
believes should be placed on the next regular or special meeting agenda, the placement
must be approved by two members of the agenda committee or at the direction of a
majority of the council. Conduct of business at special meetings will likewise be
governed by an agenda and these rules of procedure.
(2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the "Pledge of
Allegiance" at the regularly scheduled city council meetings. This item shall begin with
the recital of the pledge of allegiance for the United States flag and shall follow with a
recital of the pledge of allegiance for the Texas state flag in accordance with V. T.C.A.
Government Code § 3100.101.
(3) Presentations by members of council or city manager: The agenda shall provide a time
when the mayor or any council member may bring before the council any business that
he or she feels should be deliberated upon by the council at a future council meeting.
These matters need not be specifically listed on the agenda, but discussion and formal
action on such matters shall be deferred until a subsequent council meeting. Any member
may suggest an item for discussion at a future work session. The city manager or city
staff shall only respond preliminarily on this item at the work session. If the city council
believes the item requires a more detailed review, the council will give the city manager
or city staff direction to place the item on a future regular meeting agenda and advise
staff as to the background materials to be desired at such meeting. The city council may
receive from the city manager or city staff or a member of the city council reports about
(f)
items of community interest including expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary recognition
of a public official, public employee, or other citizen, except that a discussion regarding a
change in the status of a person’s public office or public employment is not an honorary
or salutary recognition for purposes of this subdivision; a reminder about an upcoming
event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; and announcements
involving an imminent threat to the public health and safety of people in the municipality
that has arisen after the posting of the agenda so long as authorized by the Texas Open
Meetings Act.
(4) Presentations from members of the public:
a. Reports from members of the public: Reports from members of the public shall be
received through either of two (2) methods: 1) prior registration or 2) open
microphone. A total of up to seven (7) speakers are permitted to provide public
comment and may include any combination of prior registration and open
microphone speakers. Public comment is provided during regular meetings of the city
council, which typically occur on the first and third Tuesday of each month.
Presentations made in accordance with this section may be made via teleconference
or videoconference technology as specified by the City on its website or meeting
notice
1)Prior registration. Any person who wishes to place a subject on the council
agenda at regular council meetings shall advise the city manager's office of that
fact and the specified subject matter which he or she desires to place on the
agenda no later than 12:00 p.m. Thursday prior to the council meeting at which he
or she wishes the designated subject to be considered. Such reports shall be heard
at the beginning of the regular meeting of the city council pursuant to an agenda
posting allowing a period of public comment.
Each speaker providing a report shall speak for no longer than four (4) minutes.
At the conclusion of each report, council may pose questions to the speaker
concerning his or her report. Council may also engage in discussion concerning
each report. If the city council believes that a speaker's report requires a more
detailed review, the council will give the city manager or city staff direction to
place the item on a future work session or regular meeting agenda and advise staff
as to the background materials to be desired at such meeting.
Open microphone. At the beginning of the regular meeting of the city council,
persons who have not registered to speak as above described may make comments
through the open microphone procedure. Such person(s) shall have filed a "Blue
Card" requesting to speak during this period prior to the calling of this agenda
item. Prior to the beginning of the regular meeting of the city council, persons
who wish to participate remotely shall register via any manner specified by the
City on its website or meeting notice. At the time the city council calls the Open
Microphone comment period, a person may present himself or herself and make
2)
public comments regarding public business; provided however, such persons shall
not be allowed to speak to items on the current agenda in light of other established
procedures for taking such comments as specified in these rules. No person may
submit a "request to speak" form in order to speak or comment on another
person’s report, which is given at the same council meeting. An announcement
may be made, prior to the time for reports from members of the public on the
agenda, summarizing the main portions of the rules and the "code of conduct" as
they may apply to members of the public speaking to the council. Any speaker
providing a report shall speak for no longer than four (4) minutes on all items that
he or she may bring before the council at each meeting.
b. Work session or workshop items: As it concerns the workshop agenda, citizens or
other interested persons may not participate in the session unless invited to do so by
the mayor. If the mayor invites citizens to participate in a work session, their
participation will cease at the point the mayor closes the session to public input to
allow the council to give city staff direction as to needed information for the possible
future meeting on the item. Citizens should be advised of the nature of the work
session, but that their input on these items is premature until such item is placed upon
a city council agenda for final action. The purpose of this procedure is to allow the
citizens attending the regular meeting the opportunity of hearing the views of their
fellow citizens in a more formal setting. Any citizen may supply the city council a
written statement or report regarding the citizen’s opinion on a matter being discussed
in a work session.
c. Commenting on consent and regular agenda items: Any person who wishes to
address the council regarding a non-public hearing regular or consent agenda item
that is on the council's agenda, shall complete a "request to speak" form asking to
speak regarding the item and shall return it to the city secretary. On consent items, the
request to speak card shall be submitted prior to the citizen comment on consent
agenda items at the beginning of the city council meeting. On regular agenda items,
the request to speak card shall be submitted prior to the time the city council
considers the item. The mayor will call upon the person who desires to speak.
Comments may also be submitted via web form at the link provided on the agenda or
by telephonic participation. For both consent and regular agenda items, web
comments must be received at least one (1) hour prior to the posted time of the start
meeting, and will provided to council prior to consideration of any item to which a
comment pertaIns.
1) Consent agenda items: When consent agenda items are posted on an agenda,
citizens or other interested persons will be allowed to make citizen comment
immediately after the opening of the city council meeting and prior to workshop
or work session items on the agenda by filling out a "request to speak" card (aka a
"blue card") asking to speak on any or all consent agenda items and returning the
form to the city secretary. In the event a person is unable to attend the city council
workshop or work session, he or she may contact the city secretary prior to the
opening of the meeting and request that a consent agenda item be pulled from the
consent agenda in order to allow comment as an individual item at the regular
meeting of the city council. The city secretary shall make any such request known
to the city council. Consent agenda items are generally routine nature, so
comment at this time facilitates the regular council meeting where no citizen
comment on consent agenda items will be permitted, unless the item is removed
from the consent agenda by a member of the council to be considered as an
individual item during the regular meeting. Speakers will be allowed three (3)
minutes per speaker and may comment on any or all consent agenda items so long
as any speaker’s time does not exceed a total of three (3) minutes.
2) Regular agenda items: During the regular session of the city council meeting, any
citizen or interested person may comment on an item posted on the agenda for
final action. Any person who wishes to address the council regarding a non-public
hearing item that is on the council's agenda, shall complete a "request to speak"
form asking to speak regarding the item and shall return it to the city secretary
before the council considers the item. This procedure applies to speakers desiring
to speak to items for individual consideration on the agenda during the regular
meeting of the city council. The mayor will call upon the person to speak.
Speakers will be allowed three (3) minutes per speaker as to any particular agenda
item being considered by the city council.
Public hearings:
1) Any person who wishes to address the council at a public hearing is encouraged to
complete a "request to speak" form and return it to the city secretary or online, or
by calling the phone number provided in the meeting notice before the applicable
hearing or at a time set by the City. The mayor will call upon the person to speak.
Speakers will be allowed an initial four (4) minutes per speaker as to any public
hearing item. However, if numerous speakers desire to comment on an item,
council may limit speakers to three (3) minutes per speaker. Only those speakers
who previously provided input on a specific item will be permitted to provide a
final rebuttal of up to two (2) minutes per speaker. Applicants and their agents on
public hearing items shall be allowed to speak for no longer than ten (10) minutes
per speaker with a total of twenty (20) minutes for all speakers representing the
applicant. Speakers will have the opportunity to make a single, final rebuttal after
hearing the applicant’s rebuttal as set forth in Section 2-29(f)(4)(d)(2)(g).
2) To facilitate the public hearing process in zoning cases the following procedure
will be used:
a) The mayor reads the zoning case caption, and then opens the public hearing.
b) The city manager introduces the city staff for presentation.
c) City staff presents facts relevant to the matter.
d) The applicant presents his or her case, with potential questions of the
applicant from the city council.
The council receives input from the public, with potential questions of
speakers from the city council.
f) The applicant will be given an opportunity to make rebutta] comments.
g) Members of the public who previously provided input on a specific item will
have the opportunity to make a single, final rebuttal.
The city staff and/or the applicant will answer any questions of the city
council.
i) Upon conclusion of these questions and answers, the mayor will continue or
close the public hearing.
a.
e)
h)
Groups or organizations: Any group or organization comprised of four (4) or
more members present in the city council chambers who wishes to address the
council at a public hearing or on a non-public hearing agenda item shall designate
a representative to address the city council and shall limit their remarks to ten (10)
minutes or less. The group or organization shall turn in a written designation to
the city secretary, on cards prepared by the city secretary of a different color from
cards submitted by individual speakers or via online form or email, prior to the
commencement of the meeting identifying the representative who will address the
city council on behalf of the group or organization. At the time the representative
is recognized by the mayor to speak, the group or organization present in the
meeting room will be asked to stand to be recognized prior to the receipt of
comments by the representative.
b. Discretionary time: At the discretion of the presiding officer or a majority of the city
council, any speaker may be granted an extension of time to speak.
c. Audio/Visual aids: Any citizen desiring to use audio/visual aids during presentations
to council shall submit such presentation to the city secretary twenty-four (24) hours
prior to the meeting where the presentation will occur.
(5) Presentation of proclamations: The agenda may provide a time for the presentation of
proclamations. The mayor or presiding officer may deliver and present proclamations
upon the request of citizens. Proclamations may encompass any activity or theme except
that proclamations with a theme religious or partisan in nature shall not be presented.
Moreover, proclamations shall not be used for any commercial or advertising purpose.
(g) Consideration of ordinances, resolutions, and motions.
(1) Printed or typewritten form: All ordinances and resolutions shall be presented to the
council in printed, typewritten or electronic form. The council may, by proper motion,
amend any ordinance or resolution presented to it at the meeting at which it is presented
or direct that the amended ordinance be placed on the next or any future council agenda
for adoption.
(2) City attorney to approve: All ordinances, resolutions, and contracts and amendments
thereto, shall be approved as to form and legality by the city attorney, or he or she shall
file a written opinion on the legality of such ordinance, resolution or contract prior to
submission to the council. (Charter, Section 6.02)
(3) Distribution of ordinances and resolutions: The city manager shall prepare copies of all
proposed ordinances and resolutions for distribution to all members of the council at the
meeting at which the ordinance or resolution is introduced, or at such earlier time as is
expedient.
(4) Recording of votes: The yeas and nays shall be taken upon the passage of all ordinances
and resolutions and the vote of each member shall be recorded in the minutes and within
each respective ordinance and resolution. (Charter, Section 2.06 (b))
(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, by the laws of the State of Texas, or these rules. (Charter,
Section 2.06)
a. Tie-Vote:
1. City Council: Matters voted on by the City Council which end in a tie-vote due to
absence(s) shall automatically be placed on each subsequent council meeting
3)
agenda until the full Council is present or the matter does not end in a tie vote.
Matters voted on by the City Council when the full Council is present, which end
in a tie-vote due to recusal(s) shall be considered a denial.
2. Boards, Commissions, and Committees: With the exception of the Planning and
Zoning Commission, matters voted on by boards, commissions, and committees,
which end in a tie-vote, regardless of the cause, shall be considered a denial. This
provision applies to all task forces, ad hoc committees, or other limited duration
groups established by the City Council.
The Denton Development Code outlines the process for City Council
review and decision of any recommendations made by the Planning
and Zoning Commission.
1
(6) Demand for roll call: Upon demand of any member, the roll shall be called for yeas and
nays upon any question before the council, with the exception of those circumstances set
forth in subsection (12), the previous question. It shall not be in order for members to
explain their vote during the roll call.
(7) Personal privilege: The right of a member to address the Council on a question of
personal privilege shall be limited to cases in which his or her integrity, character, or
motives are assailed, questioned, or impugned.
(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 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.
(9) Voting required: No member shall be excused from voting except for lack of information
and except on matters involving the consideration of his or her own official conduct, or
where his or her personal interests are involved in accordance with V. T.C. A. Local
Government Code Ch. 171 (Vernon 2014), and in these instances he or she shall abstain.
Any member prohibited from voting by personal interest shall announce this at the
commencement of consideration of the matter and shall not enter into discussion or
debate on any such matter, shall leave the meeting, and shall file an affidavit of recusal.
The member having briefly stated the reason for his or her request, the excuse from
voting shall be made without debate.
( 10) Order of precedence of motions :
a. The following motions shall have priority in the order indicated:
1. Adjourn (when unqualified) and is not debatable and may not be amended;
2. Take a recess (when privileged);
3. Raise a question of privilege;
4. Lay on the table;
5. Previous question (% vote required);
6. Limit or extend limits of debate (% vote required);
7. Postpone to a certain time;
8. Commit or refer;
9. Amend;
10. Postpone indefinitely;
11. Main motion.
b. The first two motions are not always privileged. To adjourn shall lose its privilege
character and be a main motion if in any way qualified. To take a recess shall be
privileged only when other business is pending.
c. A motion to adjourn is not in order:
1. When repeated without intervening business or discussion;
2. When made as an interruption of a member while speaking;
3. While a vote is being taken.
d. Only certain motions may be amended as provided in the most current edition of
Robert's Rules of Order, revised. A motion to amend shall be undebatable when the
question to be amended is undebatable.
(1 1) Reconsideration: A motion to reconsider any action of the council can be made not
later than the next succeeding official meeting of the council. Such a motion can only be
made by a member who voted with the prevailing side. It can be seconded by any
member. In order to comply with the Texas Open Meetings Act, any council member
who wishes to make such a motion at a meeting succeeding the meeting where the action
was taken shall notify the city manager to place the item for reconsideration on the
council agenda. No question shall be twice reconsidered, except by unanimous consent of
the council, except that action related to any contract may be reconsidered at any time
before the final execution thereof. A matter which was not timely reconsidered in the
manner provided by this section or was reconsidered but the action originally taken was
not changed by the council cannot be reintroduced to the council or placed on a council
meeting agenda for a period of six (6) months unless this rule is suspended as provided
for in these rules of procedure.
(12) The previous question: When the previous question is moved and seconded, it shall
be put as follows: "Shall the main question be now put?". There shall then be no further
amendment or debate; except that nothing herein shall allow the previous question to be
called prior to a least one opportunity for each member of the council to speak on the
question before the council. Any pending amendments shall be put in their order before
the main question. If the motion for the previous question is lost, the main question
remains before the council. An affirmative vote of % of the council shall be required to
move the previous question. To demand the previous question is equivalent in effect to
moving "That debate now cease, and the council shall immediately proceed to vote on the
pending motion". In practice, this is done with the phrase "Call for the question", or
simply saying "Question".
(13) Withdrawal of motions: A motion may be withdrawn, or modified, by its movant
without asking permission until the motion has been stated by the presiding officer. If the
movant modifies his or her motion, the seconding council member may withdraw his or
her second. After the question has been stated, the movant shall neither withdraw it nor
modify it without the consent of the council. The subject different from that under
consideration shall be admitted under color of amendment. A motion to amend an
amendment shall be in order, but one to amend an amendment to an amendment shall not
be in order.
(14) Appropriations of money: Before formal approval by the council of motions
providing for appropriation of money, information must be presented to the council
showing purpose of the appropriation. In addition, before finally acting on such an
appropriation, the council shall obtain a report from the city manager as to the availability
of funds and his or her recommendations as to the desirability of the appropriation.
(15) Transfer of appropriations: At the request of the city manager, at any time during the
fiscal year, the council may by resolution transfer an unencumbered balance of an
appropriation made for the use of one department, division, or purpose; but no transfer
shall be made of revenues or earnings of any non-tax supported public utility to any other
purpose.
(h) Creation of committees, boards and commissions.
(1) Council committees: The council may, by resolution and as the need arises, authorize the
appointment of council committees. Any committee so created shall cease to exist when
abolished by resolution of the council. Council committees shall comply with the Texas
Open Meetings Act.
(2) Citizen boards, commissions, and committees: The council may create other citizen
boards, commissions, and committees 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. Creation of such boards, commissions, and committees and
memberships and selection of members shall be by council resolution if not otherwise
specified by the City Charter or Code. Any board, commission, or committee so created
shall cease to exist when abolished by a resolution approved by 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. All citizen boards,
commissions, and committees shall comply with the procedural requirements of the
Texas Open Meetings Act. Any reference in this article to "citizen boards, commissions,
and committees" includes citizen task forces and citizen ad hoc boards, commissions, and
committees unless otherwise indicated herein.
(3) Appointments:
a. Individual city council members making nominations for members to citizen boards,
commissions, and committees will consider interested persons on a citywide basis.
The city council will make an effort to be inclusive of all segments of the community
in the board, commission, and committee appointment process. City council members
will consider ethnicity, gender, socio-economic levels, and other factors to ensure a
diverse representation of Denton citizens.
The city council will take into consideration an individual's qualifications, willingness
to serve, and application information in selecting nominations for membership to each
board, commission, and committee.
b
C
d. In an effort to ensure maximum citizen participation, city council members will
continue the general practice of nominating new citizens to replace board members
who have served three (3) consecutive terms on the same board per the provisions of
Denton Code of Ordinances, section 2-65. This provision does not apply to citizen
task forces and citizen ad hoc committees.
e. Each city council member will be responsible for making nominations for board,
committee, and commission places assigned to him or her, which shall correspond to
the city council member's place. Individual city council members will make
nominations to the full city council for the governing body's approval or disapproval.
(4) Rules of procedure:
All board, commission, and committee members, including citizen board,
commission, and committee members, shall comply with the provisions of article II
of chapter 2 of the Code of Ordinances. All board, commission and committee
members, including citizen board, commission, and committee members, shall be
provided a copy of these rules of procedure and a copy of the City of Denton
Handbook for Boards, Commissions and Committees, which shall govern operational
procedures of all boards, commissions and committees, including citizen boards,
commissions, and committees. All boards, commissions, and committees, including
citizen boards, commissions and committees, shall comply with these rules as to the
preparation of minutes of meetings, and such minutes shall be prepared in accordance
with the policies and procedures of the city secretary.
b. All citizen board, commission, and committee members shall comply with the
procedural requirements of the V.T.C. A., Texas Government Code Chapter 551, also
known as the "Texas Open Meetings Act" as they appear in statute or as they may be
amended or otherwise modified. Notice of all meetings shall be posted in compliance
with the Texas Open Meetings Act and minutes and records will be maintained in
accordance with requirements of the city secretary's office. Each citizen board,
commission, and committee member shall be provided a copy of the Texas Open
Meetings Act. Penalty provisions of the Texas Open Meetings Act shall only apply to
citizen boards, commissions, and committees with rule making or quasi-judicial
power, as set forth in the Texas Open Meetings Act and as interpreted by Texas
Courts. City Council and city boards, commissions and committees may operate via
videoconference to the extent permitted by law and as directed by council.
c. Unless otherwise provided by law, the City Council and each board, commission, or
committee, shall adopt a regular meeting schedule by no later than the body’s first
meeting of the calendar year. All regular meeting schedules shall be sent to the City
Secretary’s Office for official record keeping purposes upon adoption. Regular
meeting schedules should include all planned meetings the body intends to have
during the calendar year.
Votes required. Questions on which the voting requirement is varied by the Charter, State
Statutes and these rules are listed below:
( 1) Charter and state statutory requirements:
a. Charter amendment–Five (5) votes: Ordinances submitting proposed Charter
amendments must be adopted by a two-thirds (%) vote of the council. (TEX. CONST.
art. XI, g 3 and V.T.C.A. Local Government Code Ch. 9 (Vernon 2014.)) For a
seven-member council, this means five (5) members must vote affirmatively.
b. Levying taxes–Five (5) votes: Ordinances providing for the assessment and
collection of certain taxes require the approval of two-thirds (%) of the members of
the council (V.T.C.A. Tax Code § 302.101 (Vernon 2014)).
c. Changing paving assessment plans–Five (5) votes: Changes in plans for paving
assessment require a two-thirds (%) vote of the council (V. T.C.A. Transportation
Code § 313.053(e) (Vernon 2014)).
d. Changes in zoning ordinance or zoning classifications: in cases of a written protest of
a change in a zoning regulation or zoning classification by the owners of twenty (20)
percent or more either of the area of the lots included in such proposed change, or of
the lots immediately adjoining the same and extending two hundred (200) feet
a.
(1)
therefrom, such amendment shall not become effective except by the favorable vote
of three-fourths (%) of all members of the city council; further, three-fourths (%) of
all the members of the city council is required to override the decision of the planning
and zoning commission that a zoning change be denied (V.T.C.A. Local Government
Code § 211.066 (Vernon 2014)) and section 35.3.4.C.(4) Denton City Code
(Development Code)). ("All" members of the city council is construed to mean all
who are qualified to vote on a matter, and any legal disqualification of a member
could change the requisite number of votes required for passage. City of Alamo
Heights v. Gerety et al., 264 S. W. 2d 778 (Ct. App. – San Antonio (1954)).
e. Amendment of tax abatement policy: The guidelines and criteria adopted as the city’s
tax abatement policy may be amended or repealed by a vote of three-fourths (3,4) of all
members of the city council (V.T.C.A. Tax Code § 312.002(c) (Vernon 2014)).
a) Severability clause. If any section, subsection, paragraph, sentence, clause, phrase or word in
this section, 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.
SECTION 3. The City Secretary is hereby directed to record and publish the foregoing
ordinance in the City’s Code of Ordinances as authorized by Chapter 53 of the Texas Local
Government Code.
SECTION 4. If any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstances, is held invalid or
unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portions despite any such invalidity, and such remaining portion shall remain in
full force and effect.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
s e c o n d eUy %i =>o a Rr:I;\T :: r: i : n c e \v a s IrIrII )are Id =::tEL :! :i prove / Ithe following vote [L - a :
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
J/
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34
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PASSED AND APPROVED this the 25+!\ day of \CL 2021
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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