4 - R2013-027 - Revising - Adopted September 10, 2013s:\legal\our documents\resol utions\13\handbook.doc
RESOLUTIONNO. R2013-027
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A REVISED CITY OF
DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council hereby adopts a revised City of Denton Handbook for
Boards, Commissions, and Council Committees, a copy of which is attached hereto.
SECTION 2. This Resolution shall become effective immediately upon its passage and
approval.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
CITY OF DENTON
HANDBOOK for BOARDS, COMMISSIONS,
and COUNCIL COMMITTEES
Approval Date -September 2013
TABLE OF CONTENTS
Introduction.., . .,,. .. ,, ....... , ... ,,, .......... , .. ,,..,. ................................. ,, ... ,,., .. ,,,.,,, ..... .,. ..... ,,,,,,, .. ,.,,.,, .... , .... 7
Denton' s Approach to City Government ... , ................................................................ 9
Policies Affecting Service ............................................................................................ 11
Attendance ................................................................................................................. 11
Service Limitations ......................... ,. .......................................................................... 12
Termination of Appointment .............................................................................. , .... 12
Minutes of Meetings and Attendance Records ........................ ,., .... , .. , .. , .. , ....... , .. , .. ,.,,, ... , ... 12
Advisors, Subcommittees, and Ad-Hoc Committees .................. ,., ..... ,., ................. 12
Overview of Legal Responsibility ................................ , .... , .......................................... 13
Sample Forms ........................................ .., ..................................................................... 15
Oath of Office ............................................................................................................. 15
Affirmation of Qualifications ......... ,.,. .. ,. ........ ,., ......... ,, ... ,., ................. ,.. ...... ., .. , .. , ... , ........ ,.16
Statement of Elected/ Appointed Officer ..................................... , ......................... 17
Election of Officers,., .............................. , ..... , ................. .,., .. ,.,., ................. , .... , .. ,.,.,.,.,,, ... , .... , ....... 19
Conflicts of Interest ......................... ,. ............................................................................ 21
Chapter 171 Conflict ...................................................................... ,,., ......................... 21
Incompatibility of Office .. ,.. ........ .,. ....... , .. , .. ,,, .. ,.,,., ....... , .. , ....... , ........ , ........ , ........................... 22
Appearance of Conflict ...... .., ...................... ,. ............................................................. 22
Chapter 176 Conflicts Disclosure ............................................................................ 23
Compliance with Texas Open Meetings Law ......................... , ............... ,., .... , .... , .... , ..... 25
Open Government Training ......................................... ,. .. , ......... , .... ,, ........ ,,, ................. 25
Texas Open Meetings Act .......................................................................................... 27
What Constitutes a Meeting? .................................................................................. 27
Notice .......................................................................................................................... 28
Open Sessions ............................................................................................................ 29
Closed Meetings .................................................................................. ,, ... ,. ... .,., .......... ,..30
Records of Meetings ..................................................... ,., .. , .. , ........ ,, ............................ 32
Penalties and Remedies for Violations of the Act ................................................ 32
Conclusion ....... ,. ...... ,. ............................................................................................... ,. .. 33
Procedures for Conducting a Meeting ........................................................................ 35
Role of the Chairperson and the Agenda .............................................................. 35
Rules of Thumb ............................................................................................................... 35
Procedural Rules of Order ........................................................................................ 36
What is a Quorum? .................................................................................................... 37
Summary .................................................................................................................... 37
Guidelines & Rules of Procedure .................................................................................... 39
Creation ............................................................................................................................... 39
Appointments .............................................................................................................. 39
Purpose ............................................................................................................................... 40
Structure ..................................................................................................................................... 40
Communication with City Council. ...................................................... .40
Additional Guidelines & Procedures for City Council Committees ................ .40
Minutes ....................................................................................................................... 41
Boards, Commissions, & Council Committees ........................................................ ..43
Judicial or Quasi-Judicial Boards ............................................................................... 43
Civil Service Commission .......................................................................................... 43
Denton Housing Authority Board ............................................................... ..43
Health and Building Standards Commission .............................................. .43
Historic Landmark Commission ......................................................................... ..44
Planning & Zoning Commission ........................................................................... .44
Zoning Board of Adjustment ..................................... , ................................... 44
Advisory Boards ......................................................................................................... 46
Airport Advisory Board ........................................................................................... 46
Animal Shelter Advisory Committee ........................................................... .46
Community Development Advisory Committee ........................................ 46
Downtown Denton Tax Increment Financing Reinvestment Board ...... ..47
Economic Development Partnership Board .................................................. 47
Human Services Advisory Committee ....................................................... ..48
Library Board ....................................................................................................... 48
Parks, Recreation & Beautification Board ..................................................... 48
Public Art Committee .......................................................................................... 49
Public Utilities Board ........................................................................................... 49
Traffic Safety Commission .......................................................................................... 50
City Council Committees ........................................................................................................ 51
Agenda Committee .............................................................................................. 51
Audit/Finance Committee .............................................................................. 51
City Council Airport Committee ................................................................... .51
Committee on Citizen Engagement .............................................................. 52
Committee on the Environment .................................................................... 52
Council Appointee Performance Review Committee ............................... .52
Council Ethics Committee ................................................................................. 53
Council Mobility Committee ........................................... , .... , .............. , ...... ., ...... 53
Hotel Occupancy Tax Committee .......................................... , ....................... .53
Local and Regional Committees .......................... ,. .................................. ,,,...,. .... ,.. .... 55
Community Justice Council. .................................................................... ,..,.,. ... 55
Convention & Visitors Bureau ....................................................................... 55
Dallas Regional Mobility Coalition ............................................................... 55
Denton Committee on People with Disabilities .............................. , ..... , .... ,., .. 56
Lake Ray Roberts Planning & Zoning Commission .......................... ,., .. , ..... .56
Regional Transportation Council .................................................................. 56
Texas Municipal Power Agency Board of Directors ................................... 57
Miscellaneous Boards and Committees ........................................................ 57
Appendix
Appendix i -Code of Ordinances
Chapter 2, Art. III §2-61 to 2-84 ..................................................................... .59
Appendix ii-Resolution No. R2006-003
Code of Ethics ...................................... ,.. ....................................... ,,. .............. , ... ,.63
Appendix iii-Ordinance #2011-038
Amending Chapter 2, Art. II §2-29
of the Code of Ordinances ................................................................... ,, .......... ,67
Appendix iv -Committee Resolution No. R2009-015; R2011-009;
R2012-026 ........................................................................................................... 83
Audit/Finance Committee
City Council Airport Committee
City Council Appointee Performance Review Committee
Committee on the Environment
Ethics Committee
Hotel Occupancy Tax (HOT) Committee
Mobility Committee
Committee on Citizen Engagement
Appendix v -History of Handbook Revisions ..... , ...................... ,, .................... , .... 101
Resolution R2009-032 -Original approval
Resolution R2011-036 -General revisions approved
Resolution R2012-026-Established Committee on Citizen Engagement
Resolution R2012-030 -Added process for communication with Council
Resolution R2013------Updated Public Art Committee reporting structure and
inclusion of R2012-026 and R2012-030
INTRODUCTION
Congratulations on your recent appointment to one of our City's boards, commissions
or City Council committees. Discussion in the handbook applies to all City Council
appointed citizen boards and commissions and all City Council committees unless
stated otherwise. Throughout the document, reference to "boards" should be
interpreted to mean "commissions and committees" as well, unless otherwise stated.
As the City of Denton continues to grow, so does the need for citizen advice and
assistance. This need has led to a growth in the number and importance of citizen
boards at City Hall. The City could not function without the outstanding advice,
expertise, and time provided by individuals like you who volunteer to serve. The City's
boards link the City Council and staff to the citizens of Denton and help keep our city
government vital, responsive, and accountable. The basic duty of each board is to apply
City policy as expressed in the City Charter, its Code of Ordinances, and through
Council directives to individual circumstances and issues placed before the board.
Should a policy or directive require clarification, the board should request such from
the Council.
The handbook is designed to assist you in your service. It consolidates provisions of the
City Charter, Code of Ordinances, and other regulations into one place to assist you as a
board member. It will provide a general introduction to topics and processes that
directly affect members of boards. Keep in mind, not all the provisions will apply
equally to every board. In cases of legal liability, for example, members of some boards
may be more susceptible than members of other boards. The staff liaison assigned to
your board will be able to provide you with more information on the specific duties and
responsibilities of the particular board and its members. While no one document could
adequately cover all aspects of serving on a board, the handbook has been designed as a
basic reference point from which a board member can build an extensive knowledge of
his/her responsibilities to the citizenry of Denton. The handbook has been adopted by
resolution of the City Council and will be updated from time to time. If any provision
of the handbook is in conflict with any Code or Ordinance of the City, then such Code
or Ordinance shall prevail.
The City Secretary's staff and the City Attorney's staff are available as resources to all
boards. Any requests for assistance should be coordinated through the staff liaison
assigned to the board on which you serve.
Thank you for your interest in serving your community. Your efforts will make Denton
a better place to live and work.
DENTON'S APPROACH TO CITY GOVERNMENT
The basic operating document of the City of Denton is the City Charter. The Charter
determines the form of municipal government, the composition and powers of the City
Council, and contains the basic legal framework necessary for a city to function.
Denton's home-rule Charter was adopted on February 24, 1959, and has been modified
since then from time to time by the voters. The Charter provides for the operation of
municipal functions under the council-manager form of government.
Under the council-manager plan, the citizens of Denton elect a City Council, comprised
of a mayor and six (6) members. The City Council members are elected with residency
requirements for all members. Four Council members are elected from one of four
single member districts. The Mayor and two other Council members are elected at-
large. The Mayor and each Council member serve two-year terms with a consecutive
three full term limit. The Mayor's responsibilities include presiding over Council
meetings, serving as ceremonial head of the City, and signing certain official
documents.
The City Council has all the powers of a home-rule municipal government under state
law for which they are accountable to the citizens of Denton. The Council exercises
power by determining policy, adopting the budget and employing a City Manager who
is held accountable for the administration and direction of the municipality. The
Council also appoints the City Attorney, City Auditor, and Municipal Court Judge. The
council-manager plan under which Denton functions is consciously designed to
concentrate policy-making with the Council and to separate policy and legislation from
administration.
As a board member, most of your contact will be with the staff liaison for your board.
Board members and staff liaisons must be aware of the duties and responsibilities of the
board and help the board to fulfill its mandate to the citizens of Denton.
POLICIES AFFECTING SERVICE
ATTENDANCE1
You, as an interested and informed citizen, are essential to effective local government.
Because your viewpoint is so valuable to the City Council members, they take your
appointment, attendance and involvement on a board very seriously and ask that you
do also.
The Council is aware that board members have careers and other responsibilities that
demand their time. However, because of the importance Council places on citizen
boards, they ask that each new board member make every effort to attend all meetings
of the board. In addition, the Council asks each board member to notify the staff liaison
of their board in advance if they will be unable to attend a board meeting.
Per §2-83(c) of the Code of Ordinances of the City of Denton (appendix i), an excused
absence shall include personal or family illness, death of a family member, jury duty,
service in the armed forces, testifying before the legislature, attending a seminar
involving municipal matters of importance to the member's duties, absence necessary
for the member's business or employment, and any related emergencies or other
matters which the board finds qualifying as an excused absence.
Per §2-83 (c) Code of Ordinances, the unexcused absence of any board member from
more than three regularly called and scheduled meetings of the board of which he is a
member in any one year or lack of attendance at 50 percent of the number of regular
meetings in a year, shall be considered "cause," as that term is used in §14.16 of the
Charter of the City of Denton for removal of said member by the City Council from
such board.
In the event that a board member violates the above attendance policy, the staff liaison
shall notify the City Secretary. The City Secretary will contact the member in writing
and ask the board member to make a decision about whether their current schedule
will allow continued service. The letter will encourage the member to submit a letter
of resignation to the City Secretary if the board or commission member feels their
schedule will not allow continued service.
NOTE: In accordance with §2-83(c) of the Code of Ordinances, attendance records will
be forwarded by the staff liaison to the City Secretary's office quarterly.
1 Not applicable to City Council committees.
SERVICE LIMITATIONS
Members are usually appointed to a two-year term. Current City policy states that a
member can only serve three consecutive terms. A board member who has served three
consecutive terms shall not be eligible for reappointment to that same board for a
period of one year.
TERMINATION OF APPOINTMENT
A member's appointment to a board can be terminated by written resignation from the
member or by action of the City Council.
MINUTES OF MEETINGS AND ATTENDANCE RECORDS
The staff liaison will provide a staff member at the meeting of each board to take
minutes of each meeting. Minutes of the meeting will be submitted for approval by the
members present at the next meeting with revisions, corrections, or amendments being
made at that time. The approved minutes shall be forwarded to the City Secretary's
office on a quarterly basis. For retention purposes, all agendas and minutes shall be
digitized and saved by the end of each calendar year. Further information regarding
minutes for City Council committees can be found in the "Guidelines and Rules of
Procedure" section of this handbook.
The attendance of all members shall be recorded by the staff liaison and forwarded to
the City Secretary on a quarterly basis.
ADVISORS, SUBCOMMITTEES, AND AD HOC COMMITTEES
No City board shall appoint persons outside its membership as advisors or to
subcommittees, ad hoc committees, or other accessory entities without prior approval of
the City Council.
OVERVIEW OF LEGAL RESPONSIBILITY
It is important to understand that city boards are not legislative bodies. The only
legislative body in the City of Denton is the City Council, as outlined in the City
Charter. Boards fall into various categories, depending on the ordinance,
resolution, or state legislation creating such board or commission. These are:
a. Advisory boards and commissions (" Advisory Board Members");
b. Boards and commissions which act in a quasi-judicial manner or
perform some sovereign function of government (" Governmental
Board Members"); and
c. Governmental, non-profit, and corporate boards and commissions.
Consult the City Attorney's office to ascertain whether your board is purely an
advisory board or if it acts in a quasi-judicial manner or performs a function of
government. A governmental board member is considered an officer of the City,
which affects that member's legal status for such purposes as certain oaths of
office, the application of conflict of interest doctrines, and criminal statutes.
Attached is the City's ethics policy (appendix ii). All board members are
required to adhere to the policy. Note the ethics policy lists some state penal
laws that may be applicable to members. Should you have any questions
regarding the application of the ethics policy or the penal laws, consult the City
Attorney's office.
Board members are required to take one or more oaths of office. Consult the City
Secretary's office to make sure you have taken and signed such oaths before
serving as a board member.
Sample forms that may be required of board members are illustrated in the next
section of this handbook.
The City of Denton, Texas
OATH OF OFFICE
I, Name, do solemnly swear (or affinn), that I will faithfully execute the duties of the office
of the Board of the City of Denton, Texas, and will to the best of my ability preseIVe,
protect, and defend the Constitution and laws of the United States and of this State, and the
Charter and Ordinances of this City.
Signature
SUBSCRIBED and sworn to before me the undersigned on this the ___ day of
__________ , 20XX. To certify which witness my hand and seal of office.
Signature of Person Administering Oath
(Seal)
Printed Name
Title
CITY OF DENTON
AFFIRMATION OF QUALIFICATIONS
As a duly appointed member of the _______ of the City of Denton, Texas, I have
taken the prescribed oath of office.
I also hereby affirm that:
(1) I am a qualified voter of the City:
(2) If I shall be convicted of a felony during my term, I understand it shall constitute cause for
removal.
(3) I am not in arrears on any city taxes, utility service charges, or other obligations owed the
City.
In addition to meeting the above qualifications, I also have been made aware of Section 2-62,
Article Ill (Boards, Commissions and Committees) of Chapter 2 of the Code of Ordinances of the City
of Denton, Texas, which provides:
Quorum. A quorum for the transaction of business of a board shall be a majority of the
members appointed to said board.
Voting Required. No attending member of a board shall be excused or shall abstain from
voting on any matter before the board on which a vote is called or required except where a board
member's financial interest is involved. Where such member's financial interest is involved, such
member shall announce such interest at the commencement of consideration of the matter and such
member shall not enter into discussion or debate on such matter and shall abstain from voting
thereon.
A member shall be considered to have a financial interest in a matter whenever any matter
before the board could or does affect the member's financial interest, or those of a business with
which the member is associated.
Absences. All board members shall attend all regularly called and scheduled meetings of the
board of which he is a member. The unexcused absence of any board member from more than three
(3) regularly called and scheduled meetings of the board of which he is a member in any one year or
lack of attendance at fifty percent of the number of regular meetings in a year, shall be considered
"cause," as that term is used in section 14.16 of the charter of the City of Denton, 1959, for removal of
said member by the City Council from such board. An excused absence shall include personal or
family illness, death of a family member, jury duty, service in the armed forces, testifying before the
legislature, attending a seminar involving municipal matters of importance to the member's duties
necessary for the member's business or employment, and any related emergencies or other matters
which the board, commission, or committee finds qualify as an excused absence.
Dated this _____ day of ________________ , 20XX.
Signature
* Financial interest shall be defined as a substantial interest in a business entity or real property as
that term is defined in Texas Local Government Cade, Section 171.002 as it now reads or is
hereafter amended.. Examples of situations wl1ere a board member has a financial interest
include, but are not limited to: ownership of real or personal property which is the subject of a
board deliberation, an interest in the form of ownership, or in the receipt of salary, services or
dividends from a business which has a matt.er before the board. If a relative within the first or
second degree of affinity or consanguinity has such an interest, a personal interest may also exist.
Anytime a board memoer is concerned that a personal interest may exist, the office of the City
Attorney should be consulted.
STATEMENT OF ELECTED/APPOINTED OFFICER
Statement
I, «Name» , do solemnly ------------------------
swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay,
contributed, or promised to contribute any money or thing of value, or promised any public
office or employment for the giving or withholding of a vote at the election at which I was
elected or as a reward to secure my appointment or confirmation, whichever the case may be,
so help me God.
Position to Which Elected/ Appointed: «Board»
City and/or County: City of Denton
Execution
Under penalties of perjury, I declare that I have read the foregoing statement and that the facts
stated therein are true.
Date:
Signature of Officer
Form No. 2201 Rev. 06/2009
ELECTION OF OFFICERS
Procedures for the election of officers for appointed boards are established to
ensure consistency with the City Council's goals and policies in making board
appointments. Except where otherwise provided by state law, federal law, City
Charter, or City ordinances or resolutions, election of officers for City of Denton
council-appointed boards will be as follows:2
•
•
•
•
The chair and vice-chair will be elected by voting board members .
Election of officers shall be annually as soon as practicable after the
annual appointment process. If, for any reason, the chair or vice-
chair vacates their seat, a special election should be held to fill the
unexpired term. A temporary chair may be selected by the board
pursuant to Roberts Rules of Order.
The staff liaison, designated by the City Manager, shall serve as the
official secretary to the board or commission to ensure records are
maintained in accordance with requirements of the City Secretary's
office.
The City Council shall reserve the right, as deemed necessary in
individual instances, to appoint the chair and vice-chair for any
special issue or temporary advisory committees. If the City Council
chooses not to make the appointment for chair and vice-chair, then
the procedure outlined in this policy will apply.
Questions regarding the election of officers should be directed to the City
Attorney through your staff liaison.
2 Check with staff liaison for special rules that apply to your board.
CONFLICTS OF INTEREST
Chapter 171 Conflict
The State's conflict of interest law, Chapter 171 of the Texas Local Government
Code, although only applicable to officers of the City, has been made applicable
to all board members, whether advisory or governmental, by Denton's Charter.
However, the penal provisions of Chapter 171 are not applicable to advisory
board members.
Chapter 171 requires a board member with substantial interest in a business
entity or real property to file an affidavit with the staff liaison and abstain prior
to a vote or decision on any matter involving the business entity or real property
if the action on the matter will have a special economic effect on the business
entity distinguishable from the effect on the public, or if it is foreseeable that the
action on the matter will have a special economic effect on the value of the real
property, distinguishable from its affect on the public. For example, the Attorney
General has opined that a special economic effect on the value of real property
distinguishable from the affect on the public exists when a P&Z board member
has an interest in real property located within 200 feet of property being rezoned.
However, the AG made it clear that these evaluations are highly fact intensive.
Ask yourself the question, will this action before my board affect the value of my
real property in a manner that is different from public at large?
You have a substantial interest in a business entity (non-profit or government
entity is not a business entity) if:
1. You own 10 percent or more of the voting shares of the business entity
or own either 10 percent or more or $15,000 or more of its fair market
value; or
2. You received funds from the business entity exceeding 10 percent of
your gross income for the previous year.
You have a substantial interest in real property if the interest is an equitable or
legal ownership with a fair market value of $2,500 or more.
You have a substantial interest if your close relative (within the first degree of
consanguinity and affinity) has a substantial interest.
A violation of Chapter 171 is a Class A misdemeanor.
If you think you have a Chapter 171 conflict contact the staff liaison prior to the
meeting to make arrangements for the signing of the required affidavit. The
affidavit must be signed prior to the item being considered. You should
announce that you have a conflict at the meeting and excuse yourself from the
room while the item is being considered. You should not participate on the
matter, including contacting members of the board or staff concerning the
matter. However, if you have any questions whether you have a Chapter 171
conflict, consult the City Attorney's office.
Incompatibility of Office
The common law doctrine of incompatibility of office prohibits you from holding
two conflicting public offices. This only applies to governmental board
members. You cannot hold another public office ,that conflicts with your duties
with the board. Because this is very fact sensitive, you should consult with the
City Attorney's office if you hold another public office. You should do this prior
to being sworn in as a governmental board member, as your acceptance of the
governmental board appointment may result in the automatic forfeiture of your
other public office.
Appearance of Conflict
There are times you will have a perceived conflict of interest even though it is not
a conflict that is prohibited by law. In those cases you should make a judgment
call as to whether you should abstain from the matter. The City's Ethics Policy
states:
"I will act with integrity and moral courage. I will be absolutely truthful.
I will make impartial decisions that are free of bribes, unlawful gifts,
narrow political interests and other personal interests that might impair
my independence of judgment. I will always decide what is best for the
whole city ... "
If you think the perceived conflict affects your ability of independent judgment
or there is a strong appearance that you lack the ability to divorce yourself from
the perceived conflict in making a decision, you should carefully consider
whether abstention is appropriate. Often, these are difficult judgment calls for
which there are no absolute right answers. In making your decision, you should
weigh the harm of participating against your general duty to serve on the board.
You have a duty to participate and vote on all matters that come before the
board, unless you have a conflict or you lack information to decide the issue. Do
not hesitate to consult with the City Attorney's office for guidance.
Chapter 176 Conflicts Disclosure
Chapter 176 of the Texas Local Government Code requires you to file a Conflicts
Disclosure Statement (" CIS") with the City Secretary if you or your family
member (a) has an employment or business relationship with a City contractor or
vendor that results in taxable income, or (b) received or accepted one or more
gifts from a city Contractor or vendor ( excluding gifts of food, lodging,
transportation, or entertainment accepted as a guest) with an aggregate value of
$250 in the preceding 12 months. You are required to file the form within seven
days after you become aware of the relationship with the City. The CIS is signed
under penalty of perjury and it is a Class C misdemeanor to fail to timely file the
form. However, it is a defense to prosecution if you file the CIS not later than the
seventh day after you receive notice of violation. Therefore, you have two
chances to comply.
COMPLIANCE WITH THE TEXAS OPEN MEETINGS LAW
By City Council rule, all boards must comply with the Texas Open Meetings
Act. Some boards having decision-making authority include the Civil Service
Commission, Denton Housing Authority, Health and Building Standards
Commission, Historic Landmark Commission, Planning & Zoning Commission,
and Zoning Board of Adjustment. All board meetings must be open to the
public unless they come under one of the specific exceptions listed in the Texas
Open Meetings Act for a closed meeting. Consultation with an attorney is one
of the exceptions listed, which allows the board to hold closed meetings.
Consult with the City Attorney's office before any closed meeting is posted to
make sure the Act is followed. There are criminal penalties for holding an
unauthorized closed meeting for boards with decision-making authority.
Minutes of each meeting must be taken and a record of votes and decisions kept
as public record. Written notice must be given of dates, times, and locations of
all meetings. It is a criminal violation to meet in less than a quorum for the
purpose of circumventing the Act. Therefore, it is recommended that when
more than two members are in any given place where City business is being
discussed, the meeting should be posted as a precautionary measure to avoid
the accusation of attempting or conspiring to conduct City business in private.
The Open Meetings Act does not apply to purely social gatherings, conventions,
or workshops such as Texas Municipal League events.
It is also very important that the board limit discussion during meetings to only
those items listed on the posted agenda. Conversation or action on items not
posted on the agenda would also be considered a violation of the Act.
OPEN GOVERNMENT TRAINING
While State law requires each board member of a decision-making body to
complete open government training no later than 90 days after taking office,
Denton' s policy is that all board and commission members complete this
training. The training includes the Open Meetings Act. The training
requirement may be satisfied via the Internet by visiting the Attorney General's
Web site3• As the training is completed, each person receives an identification
code that needs to be entered on the course completion certificate.
Alternatively, CD training discs are available in the City Attorney's office.
Upon completion of the CD training for the Open Meetings Act, the CD
provides board members with an identification code. Whether the training is
completed online or with the CD, each person must visit the Attorney General's
Web site, complete the certificate online for the training using the identification
code that has been provided, print a copy, and file the certificate with the City
Secretary.
More information on Texas Open Meetings Laws may be accessed at
h!!p://www.oag.state.tx.us/op!n.Puen/om easv.shtml. the Attorney General's
Web page. Please contact the City Secretary or City Attorney for specific
questions about open meetings requirements.
TEXAS OPEN MEETINGS ACT
If a specific issue or question arises, please consult the City Attorney's office for advice.
I. OPEN MEETINGS ACT
The Open Meetings Act (hereinafter called the II Act") is located in Chapter 551 of the Texas
Government Code. The Act generally provides that meetings of a board shall be public.
There are exceptions to this general rule, as will be discussed. It also requires that the public
be given notice of the time, place, and subject of such meeting. It is important to remember
when considering the Act's requirements that compliance with its provisions is mandatory,
not discretionary.
II. WHAT CONSTITUTES A MEETING
A. DEFINITION OF MEETING
A board becomes subject to the Act when it conducts a meeting. A meeting is II a
deliberation between a quorum of a governmental body, or between a quorum of a
governmental body and another person, during which public business or public policy over
which the governmental body has supervision or control is discussed or considered or
during which the governmental body takes formal action." It also includes II a gathering: (i)
that is conducted by the governmental body or for which the governmental body is
responsible; (ii) at which a quorum of members of the governmental body is present; (iii)
that has been called by the governmental body; and (iv) at which the members receive
information from, give information to, ask questions of, or receive questions from any third
person, including an employee of the governmental body, about the public business or
public policy over which the governmental body has supervision or control." The definition
specifically includes a session of a board.
The term II deliberation" is important to define what a meeting is under the Act.
Deliberation is II a verbal exchange during a meeting between quorums of a governmental
body, or between a quorum of a governmental body and another person, concerning an
issue within the jurisdiction of the governmental body or any public business." Included in
the meaning of a verbal exchange is written and non-spoken communications.
B. SOCIAL GATHERINGS
The Act specifically excludes informal or social functions from the definition of meeting.
However, if a quorum of a board assembles in an informal setting, it will still be subject to
the requirements of the Act if the members engage in a verbal exchange about public
business or policy. Therefore, it is important for members of a board to be cautious about
the topics of conversation at social gatherings where a quorum of the body is present.
C. EMPLOYEE BRIEFINGS
Prior to 1999, the Act permitted a board to have briefings by third parties or employees
outside of open session. However, the 76th Legislature repealed that provision. The
definition of "meeting," as restated above, was amended to specifically include such
briefings. Now, a board will be subject to the Act during briefings, even if no
deliberations occur. Further, a board may be subject even during public comment
sessions of meetings.
D. TELEPHONE AND VIDEO CONFERENCE MEETINGS
Telephone meetings do not comply with the Act. It is considered a secret deliberation,
which is not permitted. There are very limited emergency cases whereby it could be
conducted. However, any such telephone conferencing should never be conducted without
consulting the City Attorney's office. Videoconferencing is allowed only in limited
circumstances, and consultation with the City Attorney's office should occur before
videoconferencing is considered.
III. NOTICE
A. CONTENT
The Act specifically requires that before a meeting of a board is conducted, written notice of
the date, hour, place, and subject matter of the meeting must be properly posted. The
content of the notice must be sufficient to apprise the general public of the subjects to be
considered at the meeting. Compliance with this provision is often very fact specific.
Therefore, it is recommended that the board work closely with the staff liaison and the City
Attorney's office when posting the subject matter of each proposed meeting in order to
ensure compliance.
B. PLACE OF POSTING
The Act provides for specific places to post the notice of a meeting, depending on the type of
governmental body. For municipal governing bodies, notice should be posted on a bulletin
board at a place convenient to the public in the City Hall. Additionally, the City Council
agenda must be posted on the City's website. The staff liaison to the board will be able to
properly place the notices.
C. TIME OF POSTING
The notice of a meeting of a board must be posted in a place readily accessible to the general
public at all times at least 72 hours before the scheduled time of the meeting. There are very
few emergency exceptions to this rule. In cases of emergency or urgent public necessity
where there is an imminent threat to public health or a reasonably unforeseeable situation, a
two-hour posting is permitted. The notice must clearly identify the emergency or urgent
public necessity. A determination that an emergency exists is subject to judicial review.
Before any deviation from the "72 Hour Rule," the City Attorney's office should be
consulted.
D. RECESS IN A MEETING
A board may continue a meeting from one day to the next day without reposting.
However, notice must be reposted if a meeting is continued to any day other than the one
immediately following the posted meeting day.
IV.
A
OPEN SESSIONS
CONVENING THE MEETING
A meeting may not convene unless a quorum of the board is present in the meeting room.
1bis rule applies even if the members of the board plan to go into closed meeting after
convening the meeting. This applies the general rule that the members of the public are
entitled to know what members are present for the closed meeting and if a quorum is
present.
B. RIGHTS OF THE PUBLIC
An "open meeting" is one that the public is permitted to attend. However, the Act does not
entitle the public to choose items to be discussed or to speak about agenda items.
The public or any of the board members may raise a subject not included in the agenda, but
the discussion must be limited to a proposal to include that item on the agenda for the next
meeting. Moreover, the public has a right to tape or record any open meeting. However,
the board has the right to regulate the placement of equipment and the manner in which the
meeting is being recorded.
C. PUBLIC COMMENT
A board may give members of the public an opportunity to speak at a public meeting. If
such a public comment period is permitted, the board may set reasonable limits on the
number, frequency, and length of the presentations before it. However, it cannot unfairly
discriminate among speakers for or against a particular point of view. Moreover, many
quasi-judicial boards are bound legally to permit certain citizens to speak on specific agenda
items that relate to the citizen's property. Because such a period is included in the definition
of a meeting, it must be posted in the notice of the meeting. The term "public comment"
does provide sufficient notice of one of these periods when no deliberation occurs among
the board. However, if any of the members of the board or its employees have prior
knowledge of the subject matter to be commented on by the public, the item to be discussed
must be specifically posted on the notice.
D. FINAL ACTIONS
The general rule is that a final action, decision, or vote on a matter deliberated in either an
open session or a properly conducted closed meeting ( discussed below) may only be made
in an open meeting that is held in compliance with the Act. Therefore, a board may not vote
with a secret ballot or take action by a written agreement without a meeting. The general
rule is that if the board has the authority to make a decision or take an action, the board
should act in open session. The only exception to this rule is a closed meeting for the
purpose of discussing competitive matters of a public utility, which will be discussed below.
V. CLOSED MEETINGS
A. OVERVIEW
There are a few exceptions listed within the Act, whereby a board may deliberate in a closed
meeting. It is important to remember that pursuant to City policy, if a board of the City of
Denton wishes to conduct a closed meeting, the City Attorney's office must be consulted to
avoid any violations of the Act.
Before a closed meeting may be conducted, a quorum of the board must convene in open
session, and the presiding officer must announce that a closed meeting will be held and then
identify the section(s) of the Act under which the closed meeting will be held. The posted
agenda must also state the specific provisions of the Act under which any closed meeting
will be held and a general statement as to the topic to be discussed.
B. PROVISIONS AUTHORIZING CLOSED MEETINGS
Listed below are the most common exceptions available to boards. It is important to
remember that the Act will not permit a closed meeting in cases where the City's Charter or
another law requires it to be open.
1. Section 551.071: Consultations with Attorney
This section allows a board to consult with its attorney in a closed meeting to seek his or her
advice on legal matters. This section is often invoked in order for a board to consult with its
attorney regarding pending or contemplated litigation. However, it may be held to discuss
other legal matters. A discussion under this exception may relate only to legal proceedings
or legal matters. General discussion of policy, unrelated to legal matters, is not permitted
under this exception.
2. Section 551.072: Deliberations about Real Property
This section permits a board to deliberate the purchase, exchange, lease, or value of real
property in closed meeting. However, this will only be allowed in closed meeting when
public discussion of the subject would have a deuimental effect on the board's negotiation
position with respect to a third party. It does not allow the board to make a deal in private,
without public input or debate.
3. Section 551.073: Deliberations about Gifts and Donations
This section permits a closed meeting to deliberate a negotiated contract for a prospective
gift or donation to the governmental body. However, this is only allowed if deliberation in
an open meeting would have a demmental effect on the position of the board with a third
party as explained above.
4. Section 551.074: Personnel Matters
This section permits a closed meeting to deliberate about officers and employees of the
board. It is important to note the primary interest protected by this section is the protection
of the reputation of the individual officer or employee under consideration. Moreover, this
section only permits deliberation in closed meeting on individual officers or employees.
Discussion about a class of employees must be conducted in open session. Also, the public
officer or employee that is the subject of the meeting may request that session occur in a
public hearing.
5. Section 551.075: Deliberation about Security Devices
This section permits a closed meeting to deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
6. Section 551.086: Competitive Matters of Certain Public Power Utilities
This section permits certain boards of public power utilities to deliberate, vote, or take final
action on any competitive matter related to the utility in closed meeting. A competitive
matter is defined as: "a utility-related matter that the public power utility governing body in
good faith believes is related to the public power utility's competitive activity, including
commercial information, and would, if disclosed, give advantage to competitors or
prospective competitors but may not be deemed to include" several categories of
information specifically set out in the Act. Further, notice of the subject to be discussed in
the session is required to contain no more than a general representation of the subject
matter.
7. Section 551.087: Deliberation about Economic Development Negotiations
This section permits a closed meeting to deliberate commercial or financial information the
board has received from a business prospect that it seeks to have locate, stay, or expand in
or near the territory of the board and with which it is conducting economic negotiations, or
deliberating about a offer of an incentive to such a business prospect.
VI. RECORDS OF MEETINGS
The Act requires that minutes or a tape recording be kept of each open meeting. These shall
be considered public information. Moreover, during a closed meeting, either a certified
agenda or tape recording of the session must be kept. The records kept for the closed
meeting are considered confidential information and may not be released unless ordered by
a court.
VII. PENALTIES AND REMEDIES FOR VIOLATIONS OF THE ACT
A. VOID ABILITY OF BOARD'S ACTION
If any action by a board violates any provision of the Act, that action is voidable. This
means that any interested party may challenge an action of the board in court. If a court
finds a violation of the Act occurred, it might declare the particular action by the board is
void.
A board that has taken action that violates the Act may meet again and validly authorize
that action at a meeting where the public has received adequate notice. However, this
action is generally effective only from the date of the new meeting and only if the new
meeting complies with the Act.
B. MANDAMUS, INJUNCTION, OR DECLARATORY JUDGEMENT
The Act provides that any interested person, including a member of the news media, may
bring an action by mandamus or injunction to stop, prevent, or reverse a violation or
threatened violation of the Act. To enforce provisions of the law, a court may require a
public official to perform duties imposed on him by law by issuing a writ of mandamus. A
mandamus commands the doing of an act, whereas an injunction is issued to restrain an act.
Courts have also allowed parties to bring a declaratory judgment action. In this type of
proceeding, a court would be authorized to determine the rights, status, duties, and other
legal regulations of various persons, including the public officers. Thus, a court may
determine the validity of a board's actions under the Act in such a proceeding.
Furthermore, the Act provides that a court may award reasonable attorney fees and
litigation costs to the party who substantially prevails in an action brought under the Act.
This relief is not mandatory, but rather up to the court. Further monetary damage may be
awarded against a board that violates the Act if a court finds the action caused direct
monetary damage to the aggrieved party.
C. CRIMINAL PROVISIONS
A very important issue to note is that the Act does provide for criminal penalties for
violations. A member or group of members of a board commits a criminal offense if they
knowingly conspire to circumvent the Act by meeting in numbers less than a quorum for
the purpose of secret deliberations.
A member of a board commits an offense if a closed meeting is not permitted by the Act and
the member knowingly: (1) calls or aids in calling or organizing the closed meeting,
whether it is a special or called closed meeting; (2) closes or aids in closing the meeting to
the public, if it is a regular meeting; or (3) participates in the closed meeting, whether it is a
regular, special, or called meeting. It is an affirmative defense if the member acted in
reasonable reliance on a court order or a written interpretation of the Act contained in an
opinion of a court of record, the Attorney General, or the attorney for the board.
Also, a member of a board commits an offense if the member participates in a closed
meeting knowing that a certified agenda of the closed meeting is not being kept or a tape
recording of the meeting is not being made.
Another offense is committed when any person, corporation, partnership, without lawful
authority, knowingly disclosed to the public the certified agenda or tape recording of a
lawfully closed meeting.
Penalties for violation of the Act are a misdemeanor offense, punishable by a fine of not less
than $100 or more than $500 and/ or confinement in the county jail for not less than one
month or more than six months.
VIII. CONCLUSION
As stated before, the application of the Open Meetings Act is often very fact specific. The
Texas Attorney General, who oversees compliance, and courts, gives a liberal interpretation
to the Act in order to ensure that the spirit of open government is protected. Violators of the
Act have been sentenced to jail time. Therefore, it is urged that careful attention to
compliance is made. Any specific question or issues should be referred to the City
Attorney's office, through the staff liaison.
PROCEDURES FOR CONDUCTING A MEETING
To ensure board meetings are conducted in a fair and orderly manner, a number
of rules and procedures should be followed. The following sections describe
these procedures, which create a cordial yet formal atmosphere for conducting
meetings.
ROLE OF THE CHAIRPERSON AND THE AGENDA
The function of the chairperson is to provide leadership to the group in the
following ways:
1. To maintain order by enforcing the established rules, and
2. To ensure the meeting proceeds smoothly and follows the agenda.
If the group is indecisive, the chairperson should exercise leadership and make
suggestions. When debate is concluded, the chairperson should summarize the
major points made. In general, the chairperson should maintain order and try to
bring the group to a conclusion on matters before it.
To facilitate the chairperson's duties, staff should always provide copies of the
agenda to all board members before the meeting. Agendas should also be
provided to any members of the public in attendance. The agenda should be
prepared by the staff liaison assigned to work with the board.
RULES OF THUMB
Here are a few obvious points that should be followed, but are often forgotten:
1. Discuss only one point at a time.
2. The chairperson should recognize the person or persons who wish
to speak and only they should be allowed to speak. Others should
hold their comments until they have the floor.
3. If the meeting is a public hearing, the board should hear the public
without making comments until questions are allowed by the
chairperson.
PROCEDURAL RULES OF ORDER
NOTE: While this review of parliamentary procedures has been designed to
cover the most common situations a board member may encounter during the
course of a meeting, these procedures may not always apply. They may be
superseded because of legal constraints if the meeting is a public hearing.
However, these basic procedures are usually acceptable during most meetings.
Answers to complicated procedural questions can be found in Robert's Rules of
Order.
1. Making a motion -Before discussion of an issue by board members, a
motion should be made and seconded. The making of a motion normally
occurs following a presentation or description of the issue by a staff
member or chairperson. After the motion is made and seconded, debate
can be conducted. Example of the proper form of a motiori is:
"Mr./Madam Chairperson, I move the following ... "
2. Amendin!l a motion -Any motion may be amended as follows:
"Mr./Madam Chairperson, I move that we amend the motion by adding,
deleting, etc. the following ... " The amendment must be seconded before
discussion can ensue. When discussion ends, the amendment is voted on
first. If the amendment passes, the original motion is then put to vote as
amended. If the amendment fails, the original motion is put to a vote.
3. Change by a Substitute Motion -Another way to change an original
motion is by use of the substitute motion. A substitute motion is simply
an amendment that changes an entire sentence or paragraph. It must be
seconded before discussion can take place. It may be amended and differs
only from an amendment in that if the substitute motion passes, it
eliminates the original motion.
4. Table a Motion -This motion is used to lay something aside temporarily
to take care of a more urgent matter. It should not be used to prevent
debate or to kill a question. To table an item requires a motion and a
second. A vote is immediately taken without discussion. Once it has been
decided to table an item, such item cannot be brought up again until the
board votes to do so by a motion to "Take from the Table", which must
receive an affirmative vote. Once removed from the table, the item can be
discussed and voted upon.
A question laid on the table remains there until taken from the table or
until the close of the next regular meeting; if not taken up that time, the
question dies.
5. Postpone a Motion -Another method of delaying a decision on a matter
is to postpone to a certain day, or to a certain event with a reasonably
definable date, the consideration of a motion. This is accomplished by
simply making a motion to postpone consideration of the motion until a
definite future date or event and having it seconded. The motion to
postpone is then open for discussion. Following discussion, a vote is
taken. A motion to postpone indefinitely is a parliamentary strategy
which allows members to dispose of a question without making a decision
for or against.
6. Point of Order -Any time a member feels an incorrect procedure is being
used, the member can interrupt with a point of order request which
requires the chairperson to decide the correct procedure.
7. Suspension of the Rules -Occasionally, board members may want to
discuss a business item without the constraints of any rules. Unless the
by-laws require otherwise, a two-thirds (2/3) vote of the members is
needed to suspend the rules. This motion is not debatable and must be
voted on upon being seconded.
WHAT IS A QUORUM?
A quorum is the minimum number of members needed to officially conduct
business. The quorum may be set by state law, the City Charter, the board's by-
laws, or Robert's Rules of Order. Generally, a quorum is a majority of the
members of a board or committee unless a different quorum is fixed by by-laws
or by rule of the parent body. Approval of an action, except as otherwise
provided by law, rule or regulation, requires a majority vote of persons legally
entitled to vote, excluding abstentions, at a meeting at which a quorum is
present.
SUMMARY
In conclusion, it stands to reason that if a meeting is to be held in a fair and
orderly manner, all the members of the board must be willing to cooperate. They
must be informed of the established rules and act accordingly. The chairperson
has final responsibility for ensuring the meeting is properly conducted. Unless
the chairperson understands the basic parliamentary procedures discussed and is
willing to use them in the best interest of all concerned, the board will be unable
to adequately carry out its responsibilities.
GUIDELINES & RULES OF PROCEDURE FOR BOARDS, COMMISSIONS AND
CITY COUNCIL COMMITTEES
CREATION
In accordance with Ordinance No. 2011-038 (appendix iii):
• City Council may authorize, by resolution, the appointment of a Council
committee as the need arises.
• Committees, boards, and commissions may be created to assist in the conduct
of the operation of the City government with such duties as the Council may
specify that are not inconsistent with the City Charter or Code.
• Membership and selection of members shall be by Council resolution if not
specified by the City Charter or Code.
• Committees so appointed will be advisory to the Council or the City Manager
unless otherwise specified by the Charter or Code.
• Any committee so created shall cease to exist when abolished by resolution of
the Council.
APPOINTMENTS
In accordance with Ordinance No. 2011-038:
• Individual City Council members making nominations for members to citizen
boards and commissions 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 and commission appointment process. City Council
members will consider ethnicity, gender, socio-economic levels, and other
factors to ensure a diverse representation of 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 and commission.
• In an effort to ensure maximum citizen participation, City Council members
will continue the practice of nominating new citizens to replace board
members who have served three consecutive terms on the same board.
• Each City Council member will be responsible for making nominations for
board 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.
PURPOSE
• In creating a committee, board, or comm1ss10n, Council shall set forth its
purpose and duties which shall be consistent with City Charter or Code.
• Appointees serve to advise the Council and shall not appear before another
board or commission as a representative of, or on behalf of, the board or
commission on which they serve.
STRUCTURE
In accordance with Ordinance No. 2011-038:
• Each committee, board, or commission shall comply with the provisions of
Article III of Chapter 2 (appendix i) of the Code of Ordinances and will be
provided with of 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 such boards, commissions and committees.
COMMUNICATION WITH CITY COUNCIL
In accordance with Resolution R2012-030:
• Upon consensus of a Board or Commission, such Board may request that staff
propose questions regarding public policies or prepare policy statement
recommendations regarding a matter that clearly falls within the scope and
purpose of the board. Such policy recommendations or questions, once
approved by a majority of the Board or Commission, will be forwarded to the
City Council for their response or consideration as Council determines
appropriate.
Boards and Commissions may provide an annual or more periodic report to
Council as appropriate outlining their activities, accomplishments, projects,
and initiatives. Content of the report may be customized by each Board.
Such reports will be forwarded to the entire Council upon approval of the
majority of the Board.
ADDITIONAL GUIDELINES & PROCEDURES FOR CITY COUNCIL
COMMITTEES
• Committees will generally be formed by resolution which will provide for the
committee's membership, election of chair and vice chair, and purpose.
• The chair and/ or vice chair will be elected by voting committee members.
• Election of officers shall be annually as soon as practicable after the annual
appointment process. If, for any reason, the chair or vice-chair vacates their
seat, a special election should be held to fill the unexpired term. This does
not preclude a member of the board acting as a temporary chair.
• No more than three Council members shall serve on any committee.
• The staff liaison, designated by the City Manager, shall serve as official
secretary to the committee to ensure that records are maintained in
accordance with requirements of the City Secretary's office.
• The Council shall reserve the right, as deemed necessary in individual
instances, to appoint the chair and vice-chair for any special issue or for
temporary advisory committees. If Council chooses not to make the
appointment for chair and vice-chair, then the procedure outlined in this
policy will apply.
• Council committee meeting agendas will be posted in accordance with the
Open Meetings Act, Chapter 551 of the Texas Government Code. The Open
Meetings Act requires committee meeting agendas must be publicly posted at
least 72 hours in advance of the meeting.
• Only items posted on the agenda may be discussed and/ or action taken
during the committee meeting.
• The committee may convene into closed session in compliance with the Open
Meetings Act.
• Robert's Rules of Order pertaining to small assemblies may be consulted
regarding the conduct of the committee meetings.
• A quorum of the committee members must be present to hold a committee
meeting or to take committee action. A quorum is considered to be more
than half of the Council committee members.
• Each member of the committee shall have one vote and members must be
present to cast a vote.
• The acts of the majority of the members present at the meeting are the acts of
the committee.
MINUTES
• Minutes of each board, commission, or committee meeting shall be prepared
in a form consistent with City Council meeting minutes as prescribed by the
City Secretary to reflect an accurate record of business transacted at the
meeting. More detailed minutes may be recorded if required by the board,
commission, or committee.
• A draft of the minutes shall be sent to all committee members within two
weeks. Such draft may be distributed to the City Council upon direction of
the City Manager.
• Minutes of the meetings will be submitted for approval by the members
present at the next meeting with revisions, corrections, or amendments being
made at that time. However, the Chair of the Committee may direct that the
draft minutes be shared with the entire City Council when the information
regarding the action of the Committee is needed to conduct official business
and the draft minutes have not been officially approved by the Committee.
BOARDS, COMMISSIONS & COUNCIL COMMITTEES
I. JUDICIAL OR QUASI-JUDICIAL BOARDS (Governmental Board Members)
Boards that use decision-making powers apply particular regulations to specific facts to
make judgments or decisions on matters within their jurisdiction. The following six
board/ commissions are judicial or quasi-judicial boards, those that administer
particular ordinances or regulations.
Civil Service Commission
• Established by Chapter 143 of the Texas Local Government Code.
• Membership
Three members appointed by City Manager and confirmed by City Council.
• Purpose
Ensures compliance with Chapter 143 of the Texas Local Government Code
governing police and fire. The duties of the Commission include approval of
eligibility hiring lists and holding hearings, upon appeal, on matters of promotions,
performance, reclassifications, and other civil service issues.
Denton Housing Authoritv Board
• Established by Chapter 392 of the Texas Local Government Code.
• Membership
Five members appointed by the Mayor.
• Purpose
Prepares, acquires, leases, and operates housing projects. The Board also investigates
housing conditions to determine when and where an economically depressed
neighborhood exists, identifies revitalization areas, and provides accommodations
for persons of low income. Although appointed by the Mayor, the Housing
Authority Board operates independently from the City of Denton.
Health and Building Standards Commission
• Established by §2-261 of the Code of Ordinances.
• Membership
Seven members appointed by the City Council with two alternates.
Ex-officio -city building official.
• Purpose
Hears and decides appeals of orders, decisions or determinations made by the
Building Official, Code Official, or Fire Marshal made pursuant to Chapters 13, 14,
17, 28 and 29 of the Code of Ordinances; makes reasonable interpretations or rulings
in matters properly before it pursuant to Section 2-460.
Historic Landmark Commission
• Established by §35.4.3 of the Denton Development Code.
• Membership
Nine members appointed by the City Council.
Ex-officio -Director of Planning, City Building Official, Chairman of the County
Historical Commission.
• Purpose
Recommends to the Planning & Zoning Commission and City Council those
buildings, structures, sites, districts, and areas in the city that the Commission has
determined should be preserved and designated as historic landmarks. The
Commission also regulates design review for designated properties and districts.
Planning & Zoning Commission
• Established by §10.02 of the City Charter; also referenced in Denton Development
Code, Section 35.4.1.
• Membership
Seven members appointed by the City Council.
• Purpose
Makes decisions or recommendations to the City Council regarding the
Comprehensive Plan, Development Code, zoning regulations, long-range planning,
zoning changes, platting, and other development-related policies as required or
permitted by State law or Council policy.
Zoning Board of Adjustment
• Established by §10.07 of the City Charter; also referenced in Denton Development
Code, Section 35.4.2.
• Membership
Seven members and three alternate members appointed by the City Council.
• Purpose
Provides a vehicle for citizens to appeal zoning interpretations and decisions of the
Building Official, and request variances from the zoning and sign regulations in the
Denton Development Code. The Board may also make final decisions regarding
changes, the reestablishment, or termination of nonconforming uses within the city.
II. ADVISORY BOARDS
Advisory boards advise or make recommendations to a person or the City Council and
have no final decision-making authority. The following bodies serve in an advisory
function:
Airport Advisorv Board
• Established by §3-2 of the Code of Ordinances.
• Membership
Seven members appointed by the City Council.
• Purpose
Serves in an advisory capacity to the City Council on matters relative to airport
safety, flight and ground operations, safety and security issues arising from the
creation and development of long-term master plans; tenant/ stakeholder outreach;
the Airport Business Plan and the Airport Master Plan; airport infrastructure
improvement or other major projects impacting the airport; grant funding for the
airport; and long term financial planning and budgetary issues affecting the airport.
Animal Shelter Advisorv Committee
• Established by §823.005 of the Texas Health & Safety Code.
• Membership
Seven members appointed by the City Council.
• Purpose
Assists the City in complying with the provisions of the Animal Shelter Act and
makes recommendations to the City Council regarding methods and procedures
necessary to ensure compliance with the Act.
Community Development Advisory Committee
• Established by Resolution passed by the City Council on September 19, 1978.
• Membership
Nine members appointed by the City Council.
Ex-officio -City Manager, or his designee.
• Purpose
Holds public hearings and makes decisions regarding the expenditure of federal
Community Development Block Grant and Home Investment Partnership Program
monies.
Downtown Denton Tax Increment Financing Reinvestment Zone Board
• Established by Ordinance 2010-316
• Membership
Seven members: two are City Council members, two are either property owners of
property located within the Tax Increment Reinvestment Zone or residents whose
primary residence is located within the Tax Increment Reinvestment Zone, two are
either business owners of businesses located within the Tax Increment Reinvestment
Zone or members of the Denton Chamber of Commerce Board of Directors, and one
a qualified voter of the City of Denton.
• Purpose
Makes recommendations to the City Council concerning the administration of the
Zone; prepares and adopts a project plan and Tax Increment Financing
Reinvestment Zone financing plan for the Zone and submits the plans to the City
Council for approval; prepares, implements and monitors such project and financing
plans for the Tax Increment Financing Reinvestment Zone as the City Council
considers advisable including the submission of an annual report on the status of the
Zone.
Economic Development Partnership Board
• Established by §2.251 of the Code of Ordinances.
• Membership
Nine members: two from City Council at the time of their original appointment, two
from the Chamber Board of Directors at the time of their original appointment who
reside or work in the city, two who are employed by a top 20 City of Denton ad
valorem or sales tax payer and who reside or work in the city, the president of UNT
or his/her designee who does not have a city residency requirement, a member with
knowledge or experience in general aviation-related matters with no financial
interest at the Denton Municipal Airport and who resides or works in the city, and a
citizen of Denton with specific knowledge skills and abilities to assist in the
functions of the Economic Development Partnership Board. To aid the City Council
in making appointments to the Board, the City Council will appoint two City
Council members and one Chamber of Commerce member to act as a nominating
committee. After evaluating the recommended nominees, the committee will
present to the City Council a slate of Board nominees for City Council approval.
Ex-officio -City Manager, or his designee, and Chamber President.
• Purpose
Provides economic development policy guidance and makes recommendations to
the City Council and Chamber of Commerce; reviews, considers and makes
recommendations to the City Council regarding Airport Branding and Marketing to
support the implementation of the Denton Airport Business Plan; reviews, considers
and makes recommendations to the City Council regarding Denton Municipal
Airport incentive policies as assigned by the City Council or requested by the City
Manager; and acts as a recommending body to the City Council for specific airport
economic development incentives as assigned by the City Council or requested by
the City Manager and permitted by City and State law.
Human Services Advism:y Committee
• Established by §14-61 of the Code of Ordinances.
• Membership
Eleven members appointed by the City Council.
Ex officio -City Manager, or his designee.
• Purpose
Serves in an advisory capacity to encourage continuous evaluation of the human
services delivery system and to recommend actions and funding to the City Council
regarding City of Denton human services.
Library Board
• Established by §2-176 of the Code of Ordinances.
• Membership
Seven members appointed by City Council.
• Purpose
S~rves in an advisory capacity to the City Council to recommend policies, rules, and
regulations for the operation of the library system. The Board also provides citizen
input to the City Council and recommends fees for Council consideration.
Parks, Recreation and Beautification Board
• Established by §11.02 of the City Charter.
• Membership
Seven members appointed by the City Council.
• Purpose
Serves in an advisory capacity to the City Council to recommend improvements to
park and recreation programs. The Board is charged to stimulate public interest in
the development and maintenance of parks and playgrounds; to promote close
cooperation between the City and private citizens so that all park and recreational
facilities are used to their maximum benefit; and pursuant to the Charter, make
recommendations regarding the appearance, beautification, and environment of the
city.
Public Art Committee
• Established by §22-6 of the Code of Ordinances.
• Revised by Ordinance No. 2013-207 regarding reporting structure.
• Membership
Nine members: seven members are nominated by assignment to individual City
Council members, and the remaining two are nominated by and represent the
Greater Denton Arts Council.
Ex-officio -Parks and Recreation Department Director and the Greater Denton Arts
Council Executive Director.
• Purpose
Makes recommendations to the City Council on the commissioning, placing, and the
installing of public art; implementation of funding mechanism(s) for public art;
effective and efficient management of public art; ongoing maintenance of public art;
and the accessioning, deaccessioning, and re-siting of public art.
Public Utilities Board
• Established by §12.07 of the City Charter.
• Membership
Seven members appointed by City Council.
Ex-officio -City Manager and Director of Utilities.
• Purpose
Reviews the department of utilities budget and makes recommendations to the City
Council in the format required by the City Manager. The Board is authorized to
expend funds for information and advertising. All matters relating to utility
policies, capital projects, rates, and the sale and issuance of utility bonds are
submitted to the Board for review and recommendation prior to Council
consideration. The Public Utilities Board makes recommendations for the Capital
Improvement Program pursuant to the provisions in the City Charter.
Traffic Safetv Commission
• Re-established by Ordinance 2010-317.
• Membership
Seven members appointed by the City Council.
• Purpose
Serves in an advisory capacity to the City Council on matters brought forward to the
Commission by the City Manger, or his/her designee, or assigned by the City
Council which pertains to traffic safety education and publicity; ways and means of
improving traffic conditions and safety for motor vehicles; bicycle and pedestrian
safety; implementation of traffic control devices; public parking restrictions; or
roadway speed limit designations.
III. CITY COUNCIL COMMITTEES
The Denton City Council has internal advisory committees, as well as representation on
local and regional committees. Assignments to the committees are made following the
May city council election. Council members submit requests for committee
assignments, with committee membership designated following a Council discussion of
the requests.
Agenda Committee
• Established by Ordinance No. 2009-174.
• Membership
Mayor, Mayor Pro-Tern, City Manager.
• Purpose
Reviews the City Manager's proposed City Council agendas as to form and agenda
content.
Audit/Finance Committee
• Established by Resolution No. R2009-015.
• Membership
Three City Council members.
Ex-officio -City Manager, or his designee.
• Purpose
The duties and purpose of the Committee shall be to assist the City Council in
fulfilling its organizational oversight responsibilities relating to the audit function,
the inveshnent function and other financial related activities as delegated by the City
Council.
City Council Airport Committee
• Established by Resolution No. R2011-009
• Membership
Three City Council members.
• Purpose
Reviews, considers and makes recommendations to the City Council on: the Airport
Business Plan and the Airport Master Plan; any airport infrastructure improvement
or other major project impacting the airport; the acquisition, review, and
consideration of grant funding for the airport; contracts and leases of airport
property, including recommending appropriate terms to the City Council; long term
financial planning and budgetary issues affecting the airport; and issues raised as a
result of interface between citizens, airport tenants, or other interested parties.
Committee on Citizen Engagement
• Established by Resolution No. R2012-026
• Membership
Three current City Council Members appointed by Mayor and approved by Council
City Manager or designee to provide guidance and assistance
• Purpose
The Committee shall provide advice to both the City Council and/ or staff regarding
the timely distribution of accurate and complete information to Denton citizens and
devise methods of engaging Denton Citizens in the various processes of city
government.
Committee on the Environment
• Established by Resolution No. R2009-015.
• Membership
Three City Council members.
Ex-officio -City Manager or designee.
• Purpose
The duties of the Committee shall be to review, discuss, deliberate, and consider
environmental issues and resources and make recommendations to the City Council.
The Committee will also deliberate and make recommendations regarding any other
matter delegated to the Committee by the City Council.
Council Aooointee Performance Review Committee
• Established by Resolution No. R2009-015.
• Membership
Three City Council members.
Ex-officio -Director of Human Resources.
• Purpose
The duties and purpose of the Committee shall be to assist the City Council in
performance review of the Council appointees and to insure that the appointees' job
descriptions are accurate and properly reflect current job duties in order to make
recommendations to the City Council to assist the Council in evaluating the job
performance of the Council appointees. Additionally, the Committee will make
recommendations regarding employment agreements, including renewals, of
Council appointee positions.
Council Ethics Committee
• Established by Resolution No. R2009-015.
• Membership
Three City Council members.
Ex-officio -City Manager, or designee, and City Attorney, or designee.
• Purpose
The duties and purpose of the Committee shall be to advise the City Council on the
Ethics Policy, gather information from citizens regarding the Ethics Policy, and
conduct hearing and inquiries as set forth in the enabling resolution.
Council Mobility Committee
• Established by Resolution No. R2009-015.
• Membership
Three City Council members.
Chair of the committee serves as representative to Dallas Regional Mobility
Committee and Regional Transportation Council.
Ex-officio -City Manager, or his designee.
• Purpose
The duties and purpose of the Committee shall be to review, consider and make
recommendations to the City Council regarding any changes to the Mobility Plan,
local transportation policy, and any items concerning regional transportation
policies and activities.
Hotel Occupancy Tax Committee
• Established by Resolution No. R2009-015.
• Membership
Three City Council members.
Ex-officio -City Manager, or designee.
• Purpose
The duties and purpose of the Committee shall be to monitor allocation and use of
hotel occupancy tax funds, ensuring funds are being used to directly enhance and
promote tourism and hotel/ convention industry and to recommend organizations to
receive funding to City Council.
IV. LOCAL AND REGIONAL COMMITTEES
Community Justice Council
• Established by §76.003 of the Texas Government Code.
• City Membership
One City Council member of the most populous municipality in the county that the
facility will serve.
• Purpose
Provides policy guidance and direction for the development of criminal justice plans
and community correction facilities and programs.
Convention and Visitors Bureau
• Established by an agreement between Denton Chamber of Commerce and City of
Denton; creates an Advisory Board established by the Denton Chamber of
Commerce.
• City Membership
Non-specified number of City Council representatives.
• Purpose
Makes recommendations to the Chamber of Commerce Board of Directors to assist
in the promotion of events and attractions to ensure a positive experience to Denton
visitors.
Dallas Ree:ional Mobilitv Coalition
• Established by 1997 Interlocal Agreement.
• City Membership
Representative of the City Council.
• Purpose
Examines all issues related to transportation and recommends transportation
improvements and other related actions for the portion of the Dallas Metropolitan
Area served by District 18 of the Texas Department of Transportation (Eastern
Subregion).
Denton Committee on People with Disabilities
• Established by a group of Denton citizens, and officially recognized by the City of
Denton in Resolution No. R2007-030.
• Membership
Members are not appointed by the City Council. City Manager is authorized to
provide a City staff person or persons to attend Committee meetings and to assist in
Committee activities.
• Purpose
To promote aid to disabled persons, which includes the promotion of better public
and employer understanding concerning needs and contributions of persons with
disabilities; increased employment, retention, and advancement of disabled
workers; encouragement for use of the available services for disabled persons;
encouragement of the removal of architectural barriers; and promotion of
participation in community life by persons with disabilities.
Lake Ray Roberts Planning and Zoning Commission
• Established by 1994 Lake Ray Roberts Land Use Ordinance approved by voters in
Denton County and adopted by Denton County Commissioners Court.
• City Membership
One city council representative from each city included in the Lake Ray Roberts
area.
• Purpose
Reviews and approves land use and development proposals for unincorporated
county land in the Lake Ray Roberts area.
Regional Transportation Council
• Established -Independent transportation policy body of the Metropolitan Planning
Organization.
• City Membership
Representative of the City Council.
• Purpose
Oversees the metropolitan transportation planning process, including guidance
regarding the development of multimodal transportation plans and programs and
programming federal and state funds for the implementation of transportation
improvements.
Texas Municipal Power A~encv Board of Directors
• Established by 1976 Power Sales Agreement providing for a board with eight
members, two appointed by the Denton City Council.
• City Membership
Two representatives approved by the city council who may, but need not necessarily
be, members of the city council and/ or the Public Utilities Board
• Purpose
Assists in establishing policies, setting regulations, and overseeing the
administration and management of the agency as well as approving and auditing
the budget.
Miscellaneous Boards and Committees:
From time to time, Council Members are called upon to serve as Denton' s
representatives on a regional board or committee for a short term project. Often, the
appointments are for the duration of the project and the board is dissolved. The City
Secretary maintains a record of these commitments and may be contacted for
updated information.
ADMINISTRATION § 2-63
ARTICLE III. BOARDS, COMMISSIONS AND COl\lMITI'EES*
DIVISION 1. GENERALLY
Secs. 2-46-2-60. Reserved.
DIVISION 2. QUALIFICATIONS FOR MEMBERS
Sec. 2-61. Requirements generally .
. Each member of a board or commission, in addition to qualifications prescri~ by federal
or state law or ordinance, shall be a qualified voter of the city.
(Code 1966, § 1-21(a); Ord. No. 93-140, § I, 8-3-93)
Sec. 2-62. Conflict of interest.
A member of a board or commission of the city having a substantial interest in a business
entity or real property, as those terms are defined in chapter 171 of the Texas Local
Government Code as it now reads or may hereafter be amended, shall comply with chapter 171
and, if necessary, shall abstain from voting on a matter involving the business entity or real
property and file an affidavit setting forth the substantial interest in the matter to be voted
upon.
(Code 1966, § 1-22; Ord. No. 96-154, § II, 7-9-96; Ord. No. 99-268, § 1, 8-3-99)
Charter reference-Personal interest of officers and employees, § 14.04.
State law reference-Conflict of interest, V.T.C.A., Local Government Code § 171.001 et
seq.
Sec. 2-63. Removal from office.
Should a board or commission member cease to meet the qualifications prescribed in section
2-61 or 2-62, if applicable, or should such member be convicted of a felony during his term of
service, such failure or conviction, as the case may be, shall be cause for removal.
(Code 1966, § 1-23)
*Charter reference-Boards and commissions,§ 14.16.
Cross references-Library board, § 2-176 et seq.; downtown development advisory board,
§ 2-211 et seq.; beautification advisory commission,§ 2-241 et seq.; airport advisory board, §
3-2; animal shelter advisory committee,§ 6-5 et seq.; cable TV advisory board,§ 8-130; human
services committee,§ 11-61 et seq.; park and recreation board, § 22-1; construction advisory
and appeals board, § 28-438 et seq.; development review committee, § 34-6; board of
adjustment,§ 35-41 et seq.; historic landmark commission,§ 35-236 et seq.
Supp. No. 10 163
§ 2-64 DENTON CODE
Sec. 2-64. Exceptions.
The provisions of this article shall not apply to task forces, ad hoc committees or other
commissions established by the city council from time to time to make recommendations with
respect to a particular subject or issue and which are not intended to be permanent in nature.
(Code 1966, § 1-24)
Sec. 2-65. Term of office.
No board or commission member shall be eligible for appointment to a board or com.mission
for more than three (3) consecutive terms on such board or commission. A board or commission
member who has served three (3) consecutive terms shall not be eligible for reappointment to
that same board or commission for a period of one year.
(Ord. No. 93-140, § II, 8-3-93; Ord. No. 93-212, § I, 11-16-93)
Secs. 2-66-2-80. Reserved,
DMSION 3. RULES AND PROCEDURES
Sec. 2-81. Definition.
The word "board," "boards," "commission" or "com.missions," as used in this division, shall be
construed to mean any managerial, administrative or quasi-judicial body of persons which has
an advisory or deliberative character and whose members are appointed by or serve at the
pleasure of the city council.
(Code 1966, § 1-42)
Cross reference-Definitions and rules of construction generally,§ 1-2.
Sec. 2-82. Applicability.
The provisions of this division shall govern and control the rules, procedures and operation
of all boards and the removal of members thereof; provided, however, wherever any provision
of the state constitution, state statutes, the Charter or a city ordinance conflicts or is
inconsistent with any provision of this division, the conflicting or inconsistent provision of this
division shall not be applicable.
(Code 1966, § 1-43)
Sec. 2-83. General rules.
(a) Quorum. A quorum for the transaction of business of a board shall be a majority of the
members appointed to the board.
(b) Voting required. No attending member of a board shall be excused or shall abstain from
voting on any matter before the board on which a vote is called or required, except where a
board member's personal interest is involved. When such member's personal interest is
involved, such member shall announce such interest at the commencement of consideration of
the matter, and such member shall not enter into discussion or debate on such matter and shall
Supp. No. 10 164
ADMINISTRATION § 2-105
abstain from voting thereon and shall fill out an affidavit stating such interest in accordance
with V.T.C.A., Texas Local Government Code§ 171.004. A member shall be considered to have
a personal interest in a matter whenever any matter before the board could or does affect the
member's financial interest. The phrase "financial interest" when used herein shall have the
same meaning as "substantial interest in a business entity" as that phrase is defined in
V.T.C.A., Texas Local Government Code§ 171.002.
Charter reference-Personal interest, § 14.04.
(c) Absences. Every board, commission, and committee member shall attend all regularly
called and scheduled meetings of the board, commission, or committee of which he or she is a
member. The chairperson shall announce, for the record, the names of members absent and
determine if the absence is excused or unexcused. Members who cannot attend the meeting
should contact the chairperson or an appropriate staff liaison concerning his or her absence
prior to the meeting. The unexcused absence of any board, commission, or committee member
from more than three (3) regularly called and scheduled meetings of the board, commission, or
committee of which he or she is a member in any one (1) year or lack of attendance at fifty (50)
percent of the number of regular meetings in a year, unless such absence is excused, shall be
considered "cause," as that term is used in section 14.16 of the Charter, for removal of the
member by the city council from such board, commission, or committee. An excused absence
shall include personal or family illness, death of a family member, jury duty, service in the
armed forces, testifying before the legislature, attending a seminar involving municipal
matters of importance to the member's duties, absence necessary for the member's business or
employment, and any related emergencies or other matters which the board, commission, or
committee finds qualify as an excused absence. Attendance reports will be provided by boards,
commissions, and committees to the city council on a quarterly basis for their review. Copies
of this ordinance shall be forwarded to members of all of the standing boards, commissions,
and committees and to new members as they are appointed.
(Code 1966, § 1-44; Ord. No. 96-154, § ID, 7-9-96; Ord. No. 00-046A, § 1, 2-1-00)
Sec. 2-84. Nominating and appointing members to certain boards.
All nominations to the public utilities board and parks and recreation board shall be by
procedures established by the city council to fairly allow each member of the city council an
opportunity to nominate a member to each of these boards. All appointments to the public
utilities board and parks and recreation board shall be by affirmative vote of four (4) members
of the city council.
(Ord. No. 96-169, § I, 7-16-96; Ord. No. 99-268, § 2, 8-3-99)
Secs. 2-85-2-105. Reserved.
Supp. No.16 165
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RESOLUTION NO. f20(}f;-0(}3
A RESOLUTION AMENDING THE ETHICS POLICY FOR ELECTED AND
APPOINTED OFFICIALS FOR THE CITY OF DENTON, TEXAS; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, on May 18, 2004 City Council passed Resolution R2004-025 adopting an
Ethics Policy for Elected and Appointed Officials and upon a recommendation by the Council
Ethics Sub-committee hereby approves an amendment to the policy as set forth herein; and
WHEREAS, the City Council of the City of Denton acknowledges that our government
is a representative democracy and those who are elected or appointed to serve others as
representatives accept a public trust that requires them to faithfully and diligently fulfill their
public responsibilities; and
WHEREAS, the City Council of the City of Denton recognizes the those individuals
who serve as public servants must adhere to a higher ethical standard of conduct since the
activities of government should benefit the community as a whole and should never benefit the
individual interest of public decision makers; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the following ETHICS POLICY for Elected and Appointed
Officials -City of Denton, Texas, which shall apply to all elected and appointed officials of the
City, is hereby amended to read as follows:
ETHICS POLICY for Elected and Appointed Officials -City of Denton, Texas.
This Ethics Policy has been adopted to encourage and ensure the highest standards of personal
and public conduct during tenure in office. Adherence to this Policy will maintain the
confidence and trust in the decision-makers and representatives of the City who must remain
independent, impartial, and accountable to the people they serve. In addition, elected and
appointed officials must adhere to Texas state statues and City Charter provisions and City
Council Rules of Procedure governing their conduct. These are listed at the end of this Policy.
Thus, elected City Council Members as well as appointed members of the City's Boards and
Commissions are asked to subscribe to the Texas statutes, City of Denton Charter, Rules of
Procedures for City Boards and Commissions, and this Ethics Policy.
I. As a representative of the City of Denton, I will be ethical.
I will act with integrity and moral courage. 1 will be absolutely truthful. I will make impartial
decisions that are free of bribes, unlawful gifts, narrow political interests and other personal
interests that might impair my independence of judgment. I will always decide what is best for
the whole city. I will respect confidences and infonnation designated "confidential" to the extent
S:'Otir t>ocumm1t\Rtsoluti01U\06\Elhic1 Policy,Ammdmmt DOC
permitted by law. I will use my title and city logo or letterhead only when conducting official
City business and will not exceed my authority.
2. As a representative of the City of Denton, I will be service-oriented.
I will be friendly, receptive, courteous, and respectful to everyone. I will be attuned to and care
about the needs and issues of all Denton citizens.
3. As a representative of the City of Denton, I will be fiscally responsible.
I will make prudent decisions, taking into account the long-tenn financial needs of the City and
its financial stability. I will make decisions that seek to promote programs and services for City
residents.
4. As a representative of the City of Denton, I will be communicative.
I will communicate that I am approachable, open-minded and willing to enter into dialog. I will
listen carefully and my response will add value to the conversation.
5. As a representative of the City of Denton, I will be cooperative.
I will work toward consensus building and gain value from diverse opinions. I will approach
my position and relationships with a positive attitude. I will consider the broader regional and
statewide implications of decisions. I will work with the Universities, DISD, the Chambers of
Commerce, other governmental entities, and local nonprofit agencies and others as partners on
common issues.
6. As a representative of the City of Denton, I will be progressive and receptive to new
ideas.
I will promote intelligent and thoughtful innovation whenever possible. I will be sensitive to the
need for compromise, to think creatively, and improve existing models when necessary. I will
keep my knowledge of local government current and growing.
7. As a representative of the City of Denton, I will not be delinquent in paying monies
owed the City.
I will not be in arrears on any city taxes, utility service charges, or other obligations owed the
City.
Elected officials and appointed officials, boards and commissions must adhere to the following
Texas statutes:
Civil Statutes
Open Meetings Act (Tex. Govt. Code. Ann. Ch. 551)
Public Infonnation Act/Open Records Act (Tex. Govt. Code. Ann. Ch. 552)
Conflicts of Interest (Tex. Loe. Govt. Code, Ch. 171, Ch. 212)
Official Misconduct (Tex. Penal Code, Ch. 36, Ch. 39)
Nepotism (Tex. Rev. Civ. Stat. Ann., arts. 5996a & 5996b)
Whistleblower Protection (Tex. Rev. Civ. Stat. Ann., art. 6552-16a)
Page 2 of 3
S.1.0ur Oocument5\ltcsolutiom'I06'Ethics Policy-Aracudmmt OOC
Competitive Bidding and Procurement (espec. Tex. Loe. Govt. Code, Ch. 252)
State Penal Laws
Bribery (Tex. Penal Code, § 36.02)
Coercion of Public Servant or Voter (Tex. Penal Code,§ 36.03)
Improper Influence (Tex. Penal Code § 36.04)
Tampering with a Witness (Tex. Penal Code § 36.04)
Retaliation (Tex. Penal Code § 36.06)
Gifts to Public Officials (Tex. Penal Code § 36.08)
Offering Gift to Public Servant (Tex. Penal Code § 36.09)
Abuse of Office (Chapter 39)
Official Misconduct (Tex. Penal Code§ 39.01)
Official Oppression (Tex. Penal Code§ 39.02)
Misuse of Official Information (Tex. Penal Code§ 39.03)
City Documents
ln addition, the City of Denton Charter, the City Council Rules of Procedure, House Rules and
Code of Election Ethics are applicable.
The Ethics Policy is designed as a positive guide to the behavior and decorum of Council and
board members as they represent the citizens of Denton. I will voluntarily accept reprimand
from my colleagues ifl should act contrary to this policy.
SECTION 2. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /1{:/,, day ~f ?UI/L~,.. ,.-~:_., 2006.
-0· , ~· C... . ~
EULINE BROCK, MAYOR°--
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Page 3 of 3
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ORDINANCE NO. 2011-038
AN ORDINANCE REPEALING ORDINANCE NO. 2009-174 AND ORDINANCE NO. 2010-
312 AND AMENDING SECTION 2-29 OF THE CITY OF DENTON CODE OF ORDINANCES
RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF
DENTON; AND DECLARlNG AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton desires to conduct the City Council
meetings of the City of Denton in the most efficient and time effective manner; and
WHEREAS, the City Council also desires to allow open dialogue by citizens of the
community regarding the business of city government; and
WHEREAS, recent meetings of the City Council have run into the late evening hours and
even the early moming hours, thereby inconveniencing citizens waiting to make comments to the
City Council and fatiguing the Council, staff and citizens; and
WHEREAS the City Council has conducted a pilot project test for several months of some
alternative processes and procedures to streamline the City Council meetings, limit their duration,
and facilitate citizen's access to make comments to their local governing body; and
WHEREAS the City Council is of the opinion that such altemative processes and
procedures have effected the desired goals and the City Council is desirous of codifying these
changes in the Rules of Procedure; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Section 2-29 of the City Code, known as the Denton City Council Rules
of Procedure, is hereby amended to read as follows:
1. (2-29(a)) AUTHORITY
1.1(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 mles of procedure for all meetings of the City
Council of the City of Denton, Texas.
During any meeting, a reasonable opportunity shall be given for citizens to be heard under
these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the
Council Chamber including the city administrative staff, news media, and visitors.
2. (2-29(b)) GENERAL RULES
2.1 (1) Meetings to be Public: All official meetings of the Council and Council committees
and subcommittees, except closed meetings permitted by the provisions of the Texas Open
Meetings Act, Chapter 551, TEX. GOVT. CODE ANN. (Vemons Annotated Texas Civil Statutes
(V emons 2009), as amended, shall be open to the public.
S:\Legal\Our Documents\Ordinances\l l\CC Rules of Procedures.doc
2.2 (2) Quorum: Four members of the Council shall constitute a quorum for the transaction
of business. (Charter, Section 2.06)
2.3 (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 Cowicil member as being present or absent as a part of the minutes prepared for each
Council meeting,
2.4 ( 4) Misconduct: The Council may punish its own members for misconduct consistent
with any Ethics Policy adopted by the Council.
2.5 (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 Chapter 551, TEX. GOV'T.
CODE ANN. (Vemons 2009), as amended.
2.6 (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.
2. 7 (7) Right of Floor: Any member desiring to speak shall be recognized by the
Chairperson, and shall confme his or her remarks to the subject under consideration or to be
considered. No member shall be allowed to speak more than once on any one subject until every
member wishing to speak shall have spoken.
2.8 (8) City Manager: The City Manager, or Acting City Manager, shall attend all meetings
of the Council unless excused. He or she may make recommendations to the Council and shall have
the right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03
(d)).
2.9 (9) City Attomey: The City Attomey, or Acting City Attorney, shall be available upon
request for all meetings of the Council unless excused and shall, upon request, give an opinion,
either written or oral, on questions of law. The City Attorney shall act as the Council's
parliamentarian.
2.10 (10) City Secretruy: The City Secretary, or Acting City Secretary, shall attend all
meetings of the Council unless excused, and shall keep the official minutes and perfotm such other
duties as may be requested by the Council.
2.11 (11) Officers and Employees: Any officer or employee of the City, when requested by
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the City Manager, shall attend any meeting of the Council. If requested to do so by the City
Manager, such employee may present information relating to matters before the Council.
2.12 (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 Robe1t's Rules of Order revised
shall govern.
2.13 (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 fout·
members of the Council. The vote on any such suspension shall be taken by yeas or nays and
entered into the minutes of the Council.
2.14 (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 p1ior Council meeting.
3. (2-29(c)) CODE OF CONDUCT
3.1 (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 01· 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.
3 .2 (2) Administrative Staff:
a, Members of the Administrative staff and employees of the City shall observe the same
rnles of procedut·e 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 necessa.iy 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
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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.
" 3.3 (3) Citizens:
a. Citizens and other visitors are welcome to attend all public meetings of the City
Council, and will be admitted to the City Council Chamber or other room in which the City
Council is meeting, up to the fire safety capacity of the room.
b. All meeting attendees shall conduct themselves with propriety and decorum.
Conversations between or among audience members should be conducted outside the meeting
room. Attendees will refrain from excessively loud private conversations while the Council is in
session.
c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles,
yells, and similar demonstrations shall not be permitted.
d. Placards, banners, or signs will not be permitted in the City Council Chamber or in
any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in
connection with presentations to the City Council, however, are pennitted.
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.
i. Any person addressing the City Council in the City Council Chamber shall do so from
the lectern unless physically unable to do so. People addressing the City Council shall not be
permitted to approach the dais. If they wish to hand out papers or other materials to the City
Council, they should express that desire to the presiding officer, and the City Manager shall
direct a staff member to hand out the materials.
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 paraphemalia such as camera tripods, easels, or wheelchairs
shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of
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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 using hand-held
cameras only. Any radio station, which broadcasts the regular City Council meetings live may
hook their equipment up at the front of the room as long as it remains out of sight and out of the
way.
1. There will be a uniformed City of Denton police officer present at all regular meetings
of the City Council. This police officer shall act in the capacity of a security officer/sergeant-at-
aims, and shall enforce the meeting rules and act upon the direction of the presiding officer.
m. Any person making personal, impertinent, profane, or slanderous remarks, or who
becomes boisterous while addressing the City Council or who otherwise violates any of the
above-mentioned rules while attending a City Council meeting shall be removed from the room
at the direction of the presiding officer, and the person shall be barred from fmther audience
before the City Council during that session of the City Council. If the presiding officer fails to
act, any member of the City Council may move to require the offending person's removal, and
the affirmative vote of a majority of the City Council shall require the presiding officer to act.
The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the majority
of the City Council, shall remove the offending person from the meeting.
3.4 (4) Enforcement: The City Manager, in the absence of a designated law enforcement
officer, shall act as Sergeant-at-Arms for the Council, and shall furnish whatever assistance is
needed to enforce the rules of decorum herein established.
3.5 (5) Seating Arrangement: The City Secretruy, City Manager and City Attorney shall
occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or
more members of the Council may exchange seats.
4. (2-29(d)) TYPES OF MEETINGS
4.1 (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, by motion,
resolution or ordinance from time to time designate.
4.2 (2) Special Meetings: Special meetings may be called by the Mayor, the City Manager,
or by any three members of the Council. The call for a special meeting shall be filed with the City
Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open
Meetings Act, TEX. GOV'T. CODE ANN.§ 551.001, et seq. (Vemons 2009, as amended). The
Mayor, City Manager, or three 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.
4.3 (3) Workshop Meetings: Workshop meetings or work sessions may be held on the first
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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 Section 4.2(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. Citizens
or other interested persons attending the workshop meeting will be allowed to make citizen
comment regarding consent agenda items to be considered in the regular council meeting. This will
be the only opportunity for citizens to speak to consent agenda items 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 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 minutes.
All speakers must comply with 2-29(f)(4)b. with regard to completing a "request to speak'' card
prior to the council's consideration of the clarification of the consent agenda items. As it concerns
all other items posted on the workshop agenda, citizens or other interested persons may not
participate in the session unless invited to do so by the Mayor. Citizens should be advised of the
nature of the work session and that they may make comment on the consent agenda items as herein
specified, but that their input on other items on the agenda may be received and considered at a
regularly scheduled council meeting where the agenda provides for final action to be taken on the
matter. The purpose of this procedure is to allow the citizens attending the regular meeting the
opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may
supply the City Council a written statement or report regarding the citizen's opinion on a matter
being discussed in a work session. If the Mayor invites citizens to pruticipate in a work session
other than citizen comment on consent items,. 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
infom1ation for the possible future meeting without distracting comment from the audience.
4.4 (4) Emergency Meetings: In case of emergency or urgent public necessity, which shall
be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the
City Manager or by three members of the Council, and it shall be sufficient if the notice is posted
two hours before the meeting is convened.
4.5 (5) Closed Meetings: 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. (Vemons
2009), as amended.
4.6 (6) Recessed Meetings: Any meeting of the Council may be recessed to a later time,
provided that no recess shall be for a longer period than until the next regular meeting.
4.7 (7) Notice of Meetings: The agenda for all meetings, including Council Committee or
Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board
and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the
Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vemons 2009, as amended.)
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5. (2-29(e)) PRESIDING OFFICER AND DUTIES
5.1 (1) Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-Tern,
shall preside as chaitman, or presiding officer at all meetings of the Council. In the absence of the
Mayor, Mayor Pro-Tern, the Council shall elect a temporary presiding officer. (Chru1er, Section
2.03)
5.2 (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-Tern. In the absence of both the Mayor and the Mayor Pro-
Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer
shall be elected as provided above.
5.3 (3) Preservation of Order: The presiding officer shall preserve order and decorum, and
confine members in debate to the question under discussion. The presiding officer shall call upon
the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein.
5 .4 ( 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 mling of the chair is overruled; otherwise, it is sustained.
5.5 (5) Questions to be Stated: The presiding officer shall state all questions submitted for a
vote and announce the result. A roll call vote shall be taken upon the request of any member, and
upon the passage of all ordinances and resolutions.
5.6 (6) Substitution for Presiding Officer: The presiding officer may call any other member
to take his or her place in the chair, such substitution not to continue beyond adjournment.
5.7 (7) Call for Recess: The presiding officer may call for a recess of up to fifteen (15)
minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda,
or if requested by any two members.
6. 2-29 (f)(4)(5) ORDER OF BUSINESS
6.1 (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 Tern, 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 Section and Section 6.3; 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 and Council
Committees and subcommittees v.ri.11 likev.ri.se be governed by an agenda and these Rules of
Procedure.
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6.2 (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 Section 3100.101 of the Tex. Gov1t
Code.
6.3 (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 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 goveming body that was attended or is scheduled to be
attended by a member of the goveming 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, Chapter 551, TEX. GOV1T CODE ANN. (Vemons Annotated Texas Civil Statutes
2009) (Vemons 2009).
6.4 (4) Presentations from Members of the Public:
a. Reports from Members of the Public:
Any person who wishes to place a subject on the Council agenda at regular City Council meetings
shall advise the City Manager's office of that fact and the specified subject matter which he or she
desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at
which he or she wishes the designated subject to be considered. Such reports shall be heard either at
the beginning of the regular meeting of the City Council, or later on the council's agenda at a place
determined by the Agenda Committee in light of the length of the agenda and the anticipation of
time needed for the agenda items under consideration. Placement of citizen reports at the beginning
of the agenda shall be determined by a rnle of rotation as follows: Every member of the public will
be given an opportunity for placement of their report at the beginning of the regular city council
meeting once every six (6) months; should a citizen desire to present repo1ts more :frequently than
once every 6 months, such reports will be heard by the council at the time determined by the
Agenda Committee after the calling of an agenda item posted for such purpose; and speakers will be
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assigned to the first part of the meeting on a first come, first served basis with a limit of three (3)
speakers assigned to this early forum. It is the intent of the rule of rotation to better manage the
time of the City Council members, the city staff, and to fashion some more available and convenient
time for all members of the public to address the City Council on a non-discriminatory and rotating
basis. 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, unless the Mayor or the majority of the
Council grants an extension of time. No person may fill out 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 po1tions of the Rules and subsection ( c ), "Code of Conduct" as they
may apply to members of the public speaking to the Council.
b. Speaking on Regular and Consent Agenda Items: 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" fonn asking to speak regarding the item and shall return it to the City Secretruy
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, as well as
to speakers desiring to speak to consent agenda items during a workshop session. During the
regular session, the Mayor will call upon the person to speak for no longer than three (3) minutes as
that particular agenda item is considered by the City Council, except that applicants and their agents
on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicated
in subsection (f)(5). The provisions of 2-29(d)(3) "Workshop Meetings" shall control with regard to
time limitations for speakers on consent agenda items.
c. Public Hearings: Any person who wishes to address the Council at a public heru'ing is
encouraged to complete a "request to speak" form and return it to the City Secretary before the
applicable hearing. The Mayor will call upon the person to speak for no longer than three (3)
minutes or five (5) minutes for applicants and their agents in accordance with paragraph 6.5(5)
"Time Limits."
d. Any group or organization comprised of ten 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 prior to the commencement of the meeting identifying the representative who will address
the City Council on behalf of the group or organization.
6.5 (5) Time Limits: Speakers before the Council shall limit their remarks to no more than
three (3) minutes for public hearing items provided that applicants for land use or other public
hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and
shall have a maximum of fifteen (15) minutes to speak to the item. Reports from members of the
public shall be limited to four (4) minutes or less. Groups or organizations compdsed of ten or
more members shall limit their remru·ks in accordance with the parameters established in paragraph
2-29(f)( 4). Speakers before the Council on consent agenda items during the workshop sessions
shall limit their remarks on all consent items to no more than three (3) minutes per section 2-29(d).
At the discretion of the presiding officer or a majority of the City Council, any speaker may be
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granted an extension of time to speak,
6.6 (6) Presentation of Proclamations: The agenda may provide a time for the presentation
of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the
request of citizens. Proclamations may encompass any activity or theme except that proclamations
with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall
not be used for any commercial or advertising purpose.
7. (2-29(g))CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 (1) Printed or Typewritten Fotm: All ordinances and resolutions shall be presented to
the Council in printed, typewritten or electronic fonn. The Council may, by proper motion, amend
any ordinance or resolution presented to it at the meeting at which it is presented or directs that the
amended ordinance be placed on the next or any future Council Agenda for adoption.
7 .2 (2) City Attomey to Approve: . All ordinances, resolutions, and contracts and
amendments thereto, shall be approved as to fonn 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).
7.3 (3) Distribution of Ordinances and Resolutions: The City Manager shall prepare copies
of all proposed ol'dinances and resolutions for distribution to all members of the Council at the
meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient.
7.4 (4) Recording of Votes: The yeas and nays shall be taken upon the passage of all
ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter,
Section 2.06 (b )).
7.5 (5) Majority Vote Required: An affirmative vote of fow· (4) members is necessary to
repeal any ordinance or take any official action in the name of the City except as othe1wise provided
in the Charter, by the laws of the State of Texas, or these Rules. (Charter, Section 2.06).
7.5.l(a) Tie-Vote: Matters voted on by the City Council which end in a tie-vote shall
automatically be placed on each subsequent Council meeting agenda until a full Council is present.
7.6 (6) Demand for Roll Call: Upon demand of any member, the roll shall be called for
yeas and nays upon any question before the Council, with the exception of those circumstances set
forth in Section 7.12, The Previous Question. It shall not be in order for members to explain their
vote during the roll call.
7.7 (7) Personal Privilege: The right of a member to address the Council on a question of
personal privilege shall be limited to cases in which his or her integrity, character, or motives are
assailed, questioned, or impugned.
7.8 (8) Dissents and Protests: Any member shall have the right to express dissent from or
protest against any ordinance or resolution of the Council and have the reason therefore entered
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upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not
later than the next regular meeting following the date of passage of the ordinance or resolution
objected to.
7.9 (9) Voting Required: No member shall be excused from voting except for lack of
information and except on matters involving the consideration of his or her own official conduct, or
where his or her personal interests are involved in accordance with Chapter 171, TEX. LOC.
GOVT CODE ANN. (Vernon 2009), and in these instances he or she shall abstain. Any member
prohibited from voting by personal interest shall announce this at the commencement of
consideration of the matter and shall not enter into discussion or debate on any such matter and shall
leave the meeting rnom. The member having briefly stated the reason for his or her request, the
excuse from voting shall be made without debate.
7.10 (10) Order of Precedence of Motions:
a. The following motions shall have priority in the order indicated:
1. Adjourn (when unqualified) and is not debatable and may not be amended;
2. Take a recess (when privileged);
3. Raise a question of privilege;
4. Lay on the table;
5. Previous question (2/3 vote required);
6. Limit or extend limits of debate (2/3 vote required);
7. Postpone to a certain time;
8. Commit or refer;
9. Amend;
10. Postpone indefinitely;
11. Main Motion.
b. The first two motions are not always privileged. To adjourn shall lose its privilege
character and be a main motion if in any way qualified. To take a recess shall be privileged only
when other business is pending.
c. A motion to adjourn is not in order:
I. ·when repeated without intervening business or discussion;
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2. When made as an interruption of a member while speaking;
3. While a vote is being taken.
d. Only ce1tain motions may be amended as provided in the most current edition of Robert's
Rules of Order, revised, A motion to amend shall be undebatable when the question to be amended
is undebatable.
7.11 (11) Reconsideration: A motion to reconsider any action of the Council can be made
not later than the next succeeding official meeting of the Council. Such a motion can only be made
by a member who voted with the prevailing side. It can be seconded by any member. In order to
comply with the Texas Open Meetings Act, any 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.
7 .12 (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 oppo1tunity for each member of the Council to speak on the question before the
Council. Any pending amendments shall be put in their order before the main question. If the
motion for the previous question is lost, the main question remains before the Council. An
affirmative vote of 2/3 of the Council shall be required to move the previous question. To demand
the previous question is equivalent in effect to moving "That debate now cease, and the Council
shall immediately proceed to vote on the pending motion". In practice, this is done with the phrase
"Call for the question", or simply saying "Question".
7.13 (13) Withdrawal of Motions: A motion may be withdra'\\'11, 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.
7.14 (14) Appropriations of Money: Before formal approval by the Cowicil 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.
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7.15 (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.
8. (2-29(h)) CREATION OF COMMITTEES, BOARDS AND COMMISSIONS
8.1 (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.
8.2 (2) Citizen Boards, Commissions, and Committees: The Council may create other
Committees, Boards and Commissions to assist in the conduct of the operation of the City
government with such duties as the Council may specify not inconsistent with the City Charter or
Code. Creation of such Committees, Boards and Commissions and memberships and selection of
members shall be by Council resolution if not otherwise specified by the City Charter or Code. Any
Committee, Board, or Commission 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 othe1wise specified by the Chatter or Code.
8.3 (3) Appointments:
a. hldividual City Council members making nominations for members to citizen boards and
commissions will consider interested persons on a citywide basis.
b. The City Council will make an effort to be inclusive of all segments of the community in
the board and commission appointment process. City Council members will consider ethnicity,
gender, socio-economic levels, and other factors to ensure a diverse representation of Denton
citizens.
c. The City Council will take into consideration an individual's qualifications, willingness to
serve, and application infonnation in selecting nominations for membership to each board and
commission.
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 sen,ed
three consecutive terms on the same board per the provisions of Denton Code of Ordinances, Sec. 2-
65.
e, Each City Council member will be responsible for making nominations for board and
commission places assigned to him or her, which shall correspond to the City Council member's
place. hldividual City Council members will make nominations to the full City Council for the
goveming body's approval or disapproval.
8.4 (4) Rules of Procedure: Board, Commission and Committee members shall comply
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with the provisions of A11icle III of Chapter 2 of the Code of Ordinances. Each Board, Commission
and Committee member 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 such Boards, Commissions and Committees.
9. (2-29 (i)) VOTES REQUIRED
Questions on which the voting requirement is varied by the Charter, State Statutes and these
rules are listed below:
9.1 (1) Charter and State Statutory Requirements:
a. Chru1er Amendment-Five Votes: Ordinances submitting proposed Charter amendments
must be adopted by a two-thirds vote of the Council. (Article XI, Section 3, Texas Constitution and
Chapter 9, Texas Local Government Code (Vemons 2009.) For a seven member Council, this
means five members must vote affirmatively.
b. Levying Taxes -Five Votes: Ordinances providing for the assessment and collection of
certain taxes require the approval of two-thirds of the members of the Council (Section 302.101
Texas Tax Code) (Vemons, 2009).
c. Changing Paving Assessment Plans -Five Votes: Changes in plans for paving
assessment require ·a two-thirds vote of the Council (Section 313.053(e) Transportation Code,
Vemons 2009).
d. · Changes in Zoning Ordinance or Zoning Classifications: In cases of a v-.'11tten protest of
a change in a zoning regulation or zoning classification by the ov-mers of twenty (20%) percent or
more either of the area of the lots included in such proposed change, or of the lots immediately
adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not
become effective except by the favorable vote of three-fourths (3/4) of all members of the City
Council; six (6) votes of the City Council is required to override the decision of the Planning and
Zoning Commission that a zoning change be denied (Section 211.066 Tex. Loe. Gov't Code and
Section 35.3.4.C.(4) Denton City Code (Development Code).
e. Amendment of Tax Abatement Policy: The guidelines and criteria adopted as the Citis
Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of all members
of the City Council (Section 312.002(c)) Texas Tax Code (Vemons 2009).
10. (2-290)) SEVERABILITY CLAUSE
That if any section, subsection, pru·agraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circwnstances 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 po11ions despite any such invalidity.
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SECTION 2. That Ordinance Nos. 2009-174 and 2010-312 are hereby repealed.
SECTION 3.. That this Ordinance shall become effective immediately upon its passage and
approval. d
PASSED AND APPROVED this the / -day of~---' 201 L
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _o tJ. ·. • -JLl!/:i:, 4.2
APIJt:ED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:~~e>,.:,
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RESOLUTION NO. R2009-0 I b
A RESOLUTION RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY
COUNCIL OF THE CITY OF DENTON, TEXAS TO BE Ki'\IOWN AS THE
AUDIT/FINANCE COMMITTEE AND ASSIGNING IT ADDITIONAL DUTIES;
DISSOL YING THE INVESTMENT COMMITTEE; RESCINDING RESOLUTION NO.
R2006-013, R2006-026, AND SECTION V. OF THE ATTACHMENT TO RESOLUTION NO.
R2008-009; FURTHER, RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY
COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE
KNOWN AS THE APPOINTEE PERFORMANCE REVIEW COMMITTEE; RESCINDING
RESOLUTION NO. R2007-043; FURTHER RE-ESTABLISHING A STANDING
COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE
CITY COUNCIL TO BE KNOWN AS THE CITY COUNCIL COMMITTEE ON THE
ENVIRONMENT; RESCINDING RESOLUTION NO. R2005-040; FURTHER, RE-
ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS FOR THE CITY COUNCIL ETHICS COMMITTEE; FURTHER,
ESTABLISHING A ST ANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS FOR THE CITY COUNCIL HOTEL OCCUPANCY TAX (HOT)
COMMITTEE; FURTHER, RE-ESTABLISHING A STANDING COMMITTEE OF THE
CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL
MOBILITY COMMITTEE; RESCINDING RESOLUTION NO. R2005-04 I; AND
PROVIDING FOR AN EFFECTIVE DA TE
WHEREAS, the City of Denton deems it to be in the best interest of the City and
beneficial to enhanced efficiency of governmental operations to consolidate the resolutions and
ordinances creating the City Council oversight committees; and
WHEREAS, the City Council opines that appointments to Council committees will be
made in a more timely fashion upon the consolidation of the resolutions and ordinances creating
these City Council committees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
TITLE L RELATING TO THE AUDIT/FINANCE .... COMMITI'EE
SECTION I. History of the Audit/Finance Committee and findings.
A. On April 18, 2006, the Denton City Council established an Audit/Finance
Committee by Resolution No. R2006-013 (as amended by Resolution No.
R2006-026) to act as an advisory body to the Denton City Council to
provide governance and oversight of the organization's audit activities,
internal controls, and financial and operational reporting.
B. On February 17, 1987, the Denton City Council approved a resolution
creating an Investment Policy and establishing an Investment Committee
by Resolution No. R87-0l 9.
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C. The City Council is of the opinion and hereby finds, that it is in the public
interest that an Audit/Finance Committee be re-established and that such
Committee should meet regularly to detennine general investment
strategies and to monitor such results.
SECTION 2. Re-establishment of the Audit/Finance Committee and statement of duties
and purpose of the Committee.
A. The City Council hereby re-establishes a standing Audit/Finance
Committee to be composed of three (3) members of the City Council to be
appointed by the Mayor and approved by the City Council.. The City
Manager, or his or her designee, will provide guidance and assistance to
the Committee and be responsible for ensuring that records are maintained
in accordance with requirements of the city secretary's office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to assist the City
Council in fulfilling its organizational oversight responsibilities relating to
the audit function, the investment function, and any other financial related
activities as delegated by the City Council. Further, the Committee shall
assist Council in its oversight duties related to the City's internal audit
function as needed or as directed by Council.
SECTION 3. The Investment Committee shall be dissolved and its duties and
responsibilities are included in the duties of the Audit/Finance Committee as outlined in Section
2.C.
SECTION 4. Resolutions No. R2006-13, R2006-026 and Section V. of the attachment
to Resolution No. R2009-006 are hereby rescinded.
TITLE II. RELATING TO THE CITY COUNCIL APPOTT-JTEE
PERFORMANCE REVIEW COMMITTEE
SECTION l. History of the City Council Appointee Perfonnance Review Committee
and findings.
A. On December 11, 2007, the Denton City Council re-established the City
Council Appointee Performance Review Committee by Resolution No.
R2007-043 to act as an advisory body to the Denton City Council to
recommend performance review standards to the City Council for City
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Council appointees, to include the City Manager, City Attorney,
Municipal Court Judge and City Auditor.
B. The Denton City Council finds that it is in the public interest to re-
establish the Committee as a standing committee of the City Council.
SECTION 2. Re-establishment of the City Council Appointee Performance Review
Committee and statement of duties and purpose of the Committee.
A. The City Council hereby re-establishes the City Council Appointee
Performance Review Committee as a standing committee of the City
Council. The Committee shall consist of three (3) City Council members
to be appointed by the Mayor of the City of Denton, and approved by the
Denton City Council. The City Manager will be responsible for ensuring
that records are maintained in accordance with requirements of the city
secretary's office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to assist the City
Council in performance review of the City Council appointees and to
insure that the appointees' job descriptions are accurate and properly
reflect current job duties in order to make recommendations to the City
Council to assist the Council in evaluating the job performance of the
Council Appointees. Additionally, the Committee will make
recommendations regarding employment agreements, including renewals,
of council appointee positions and any other duties as assigned by the City
Council.
SECTION 3. Resolution No. R2007-043 is hereby rescinded.
TITLE III. RELATING TO THE COMMITTEE ON
THE ENVIRONMENT
SECTION I, History of the Committ~e on the Environment and findings.
A On October 18, 2005, the Denton City Council established the City
Council Committee on the Environment by Resolution No. R2005-040 to
act as an advisory body to the Denton City Council to address issues
facing the Council that deal with Denton's stewardship, management, and
conservation of environmental issues, environmental resources and related
matters.
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B. The City Council is of the opinion and hereby finds, that it is in the public
interest that the City Council Committee on the Environment be re-
established as a standing committee and that such Committee should meet
regularly to consider environmental matters impacting the City of Denton
and to recommend appropriate action to the City Council, as necessary.
SECTION 2. Re-establishment of the City Council Committee on the Environment and
statement of duties and purpose of the Committee.
A. The Denton City Council hereby re-establishes a standing committee to be
called the City Council Committee on the Environment. The Committee
shall consist of three (3) City Council members who will be appointed by
the Mayor of the City of Denton and approved by the Denton City
Council. The City Manager will be responsible for ensuring that records
are maintained in accordance with requirements of the city secretary's
office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties of the Committee shall be to review, discuss, deliberate and
consider environmental issues and resources and make recommendations
to the Denton City Council. The Committee will also deliberate and make
recommendations regarding any other matter delegated to the Committee
by the City Council.
SECTION 3. Resolution No. R2005-040 is hereby rescinded.
TITLE IV. RELATING TO THE CITY COUNCIL ETHICS COMMITTEE
SECTION I. History of the City Council Ethics Committee and findings.
A. On September 7, 2004, the Denton City Council established the City
Council Ethics Committee by Ordinance No. 2004-255, which is being
rescinded by Ordinance No. 2009-13 7 adopted on this date, to act as an
advisory body to the Denton City Council on issues that may arise under
the Ethics Policy for the City of Denton.
B. The Denton City Council finds that it is in the public interest to re-
establish the Committee as a standing committee of the City Council.
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SECTION 2. Re-establishment of the City Council Ethics Committee and statement of
duties and purpose of the Committee.
A. The City Council hereby re-establishes the City Council Ethics Committee
as a standing committee of the City Council. The Committee shall consist
of three (3) City Council members to be appointed by the Mayor of the
City of Denton, and approved by the Denton City Council. The City
Manager, or his or her designee, shall serve as the recording secretary to
the Committee and shall provide such administrative services as
necessary.
B. The Committee members shall serve at the pleasure of the City Council
until successors· are duly appointed by ·the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
1 current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to advise the Denton
City Council on the Ethics Policy and to gather information from the
Citizens of Denton regarding the Ethics Policy, conduct hearings and
inquiries as herein set forth and consider other matters as delegated by the
City Council.
SECTION 3. Any person, including, any Elected or Appointed Official of the City of
Denton, or any person acting on behalf of a public or private entity may request the Comm_ittee
to consider an issue arising under the Ethics Policy by filing a written Notice of Potential
Violation, ("Notice"), of the Ethics Policy with the City Secretary. The City Secretary shall
make a copy of the Notice and provide a copy of the Notice to the Elected or Appointed Official
who is named in the Notice, and to the Chair of the Committee. Within thirty days, the Chair
shall place the notice on the Agenda of the Committee and the Committee shall provide notice of
the meeting to the Elected or Appointed Official, and meet and conduct hearings, as necessary.
The Committee may, in its aiscretion, determine to advise the City Council on the Notice. The
Committee may extend this time period if the Committee needs additional information in order
to properly advise the City Council regarding any issues raised in the Notice.
VI. RELATING TO THE CITY COUNCIL HOTEL OCCUPANCY
TAX (HOT) COMMITTEE
SECTION 1. History of the City Council Hotel Occupancy Tax Committee and
findings.
A. The Denton City Council adopted Ordinance No. 75-53 on December 16,
1975, amending Chapter 23 of the Code of Ordinances by adding Article I
entitled "Hotel Occupancy Tax" which provides for the collection of a
hotel occupancy tax.
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B. On January 6, 1976, the Denton City Council entered into a ~ontractual
agreement with the Denton Chamber of Commerce to promote tourism
and advertise the City of Denton as a potential site for public meetings and
conventions.
C. By consensus of the Denton City Council at their work session of
September 20, 1994, three representatives of the Denton City Council
have served annually on a Hotel Occupancy Tax Fund Committee to
monitor allocation and use of hotel occupancy funds.
D. The Denton City Council finds that it is in the public interest to re-
establish the Committee as a standing committee of the City Council.
SECTION 2. Re-establishment of the City Council Hotel Occupancy Tax (HOT) Fund
Committee and statement of duties and purpose of the Committee.
A. The City Council hereby re-establishes a standing committee to be called
the HOT Committee. The Committee shall be composed of three (3)
members of the City Council to be appointed by the Mayor and approved
by the City Council. The City Manager, or his or her designee, will
provide guidance and assistance to the Committee and be responsible for
ensuring that records are maintained in accordance with requirements of
the city secretary's office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to monitor allocation
and use of hotel occupancy tax funds, ensuring funds are being used to
directly enhance and promote tourism and the hotel/convention industry,
recommend organizations to receive funding to the City Council, and
other duties as delegated by the City Council.
SECTION 3. Members of the Committee shall also serve as members of the Denton
Live Advisory Board.
VIL RELATING TO THE CITY COUNCIL MOBil.JTY COMMITTEE
SECTION 1. History of the City Council Mobility Committee and findings.
A. The Denton City Council, on October 18, 2005, heretofore established the
City Council Mobility Committee by Resolution No. R2005-041 to act as
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an advisory body to the Denton City Council regarding local and regional
transportation issues.
B. The Denton City Council finds that it is in the public interest to re-
establish the Committee as a standing committee of the City Council.
SECTION 2. Re-establishment of the City Council Mobility Committee and statement
of duties and purpose of the Committee.
A. The City Council hereby re-establishes a standing committee to be called
the City Council Mobility Committee. The Committee shall be composed
of three (3) members of the City Council to be appointed by the Mayor
and approved by the City Council. The City Manager, or his or her
designee, will provide guidance and assistance to the Committee and be
responsible for ensuring that records are maintained in accordance with
requirements of the city secretary's office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to review, consider and
make recommendations to the City Council regarding any changes to the
Mobility Plan, local transportation policy, any items concerning regional
transportation policies and activities and other duties as delegated to the
Committee by the City Council.
SECTION 3. · Resolution No. R2005-041 is hereby rescinded.
Vlll. RELATING TO ALL CITY OF DENTON CITY COUNCIL COMMITTEES
A. ALL COMMITTEES are subject to the provisions of Texas Government
Code §§551 and 552, as amended, and its meetings shall be posted in
compliance with the Texas Open Meetings Act. Minutes and records will
be maintained in accordance with requirements of the city secretary's
office.
B. This Resolution shall become effective immediately upon its passage and
approval.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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RESOLUTIONNO. R20ll-009
A RESOLUTION AMENDING RESOLUTION NO. R2009-015 TO ESTABLISH A
STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
TO BE KNOWN AS THE CITY COUNCIL AIRPORT COMMITTEE TO ADVISE AND
ASSIST THE CITY COUNCIL REGARDING CITY OF DENTON MUNICIPAL AIRPORT
MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton deems it to be in the best interest of the City to create a
standing committee of the Denton City Council on matters affecting the City of Denton
Municipal Airport in the public interest of increasing public input and access into matters
involving the Denton Airport and elevating the importance of the Denton Airport to the citizens
of the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That Resolution No. R2009-015 is hereby amended to add Title VIII, as
follows:
TITLE VIII. THE CITY COUNCIL AIRPORT COMMITTEE
A. The City Council hereby establishes a standing committee to be called the
City Council Airport Committee. The Committee shall be composed of
three (3) members of the City Council to be appointed by the Mayor and
approved by the City Council. The City Manager, or his or her designee,
will provide guidance and assistance to the Committee and be responsible
for insuring that records are maintained in accordance with the
requirements of the City Secretary's Office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas,
C. The duties and purpose of the Committee shall be to review, consider and
make recommendations to the City Council on: the Airport Business Plan
and the Airport Master Plan as now written or hereafter amended or
enacted; any airpo1t infrastructure improvement or other major project
impacting the airpo1t; the acquisition, review, and consideration of grant
funding for the airport; contracts and leases of airport property, including
recommending appropriate terms to the City Council; long term financial
planning and budgetary issues affecting the airport; issues raised as a
result of interface between citizens, airport tenants, or other interested
parties, and members of the Council subcommittee regarding airport
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related issues; and other airport matters as may, from time to time, be
assigned by the City Council or requested by the City Manage1~ or his or
her designee.
SECTION 2. Title VIII. of Resolution No. R2009"015 is renumbered to Title IX.
SECTION 3. All provisions of Resolution No. R2009"015 in conflict herewith are
superceded and repealed.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval. L
PASSED AND APPROVED this the-------""/;'"--t __ ll_ day of_~--···-' 2011.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page2
RESOLUTIONNO. R2012-026
A RESOLUTION AMENDING RESOLUTION NO. R2009-015 BY ESTABLISHING A
STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
TO BE KNOWN AS THE COMMITTEE ON CITIZEN ENGAGEMENT AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton deems it to be in the best interest of the City and
beneficial to enhanced efficiency of governmental operations to establish, in addition to other
standing Committees of the City Council, a City Council Committee on Citizen Engagement;
and
WHEREAS, the City Council opines such a committee is essential to insure efficient and
timely distribution of accurate and complete information to our citizens; and
WHEREAS, the City Council desires to use the dissemination of such information about
city operations to engage citizens of this community in constructive dialogue with the goal of
refining and broadening citizen input in processes of city governance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. THAT Resolution No. R2009-015 is hereby amended to add a new Title
VIII. which will read as follows:
TI'T'LE vm. R.ELATlNG TO THE COMMITI'EE ON CITIZEN ENGAGEMENT
SECTION 1. Establishment of the City Council Committee on Citizen Engagement and
statement of duties and purpose of the Committee.
A. The City Council hereby establishes a standing committee to be called the
City Council Committee on Citizen Engagement. The Committee shall be
composed of three (3) members of the City Council to be appointed by the
Mayor and approved by the City Council. The City Manager, or his or her
designee, will provide guidance and assistance to the Committee and be
responsible for ensuring that records are maintained in accordance with
requirements of the city secretary's office,
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to provide advice to
both the City Council and/or staff regarding the timely distribution of
accurate and complete information to Denton citizens and devise methods
of engaging Denton citizens in the various processes of city government.
The Committee shall, from time to time and at its discretion, make
recommendations and provide information to the City Council relevant to
its stated purpose.
SECTION 2. THAT TITLE VIII. of Resolution No. R2009-015 is renumbered to TITLE
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / / tJ day of~ , 2012.
MARK A. BURROUdHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTJNG THE CITY OF
DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMJv.t:ITTEES;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. The City Council hereby adopts the City of Denton Handbook for Boards,
Commissions, and Council Committees, a copy of which is ~ttached hereto.
SECTION 2. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /'/-{g day of_ 7'1/l,le 2009.
~::::='-k------M.ARI¾. .. A. B
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYoh~t 0 )1 )alhA ;,/
APP,1)VED ir;;;:~ FORM:
ANITA BURGESS, CITY ATTORl\TEY
i I
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RESOLUTIONNO .. R2011-036
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A REVISED CITY OF
DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES;
Al\1D DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. The City Council hereby adopts a revised City of Denton Handbook for
Boards, Commissions, and Council Committees, a copy of which is attached hereto.
SECTION 2. This Resolution shall become effective immediately upon its passage and
approval. , L
l 1f!J f] n 'f""" 1w1
PASSED Al\1D APPROVED thls the~ day of __ fl tJj} 61, . , 2011.
-' )
~1tit:;}HS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~ ~L~ tJfiliL<-4?_
APPROVED ~~1o LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
RESOLUTION NO. R2012-026
A RESOLUTION AMENDING RESOLUTION NO. R2009-015 BY ESTABLISHING A
STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
TO BE KNOWN AS THE COMMITTEE ON CITIZEN ENGAGEMENT AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton deems it to be in the best interest of the City and
beneficial to enhanced efficiency of governmental operations to establish, in addition to other
standing Committees of the City Council, a City Council Committee on Citizen Engagement;
and
WHEREAS, the City Council opines such a committee is essential to insure efficient and
timely distribution of accurate and complete information to our citizens; and
WHEREAS, the City Council desires to use the dissemination of such information about
city operations to engage citizens of this community in constructive dialogue with the goal of
refining and broadening citizen input in processes of city governance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. THAT Resolution No. R2009-0l 5 is hereby amended to add a new Title
VIII. which will read as follows:
]]TL,E VIII. .Bli.LATING TO THE COMMITlJ~!iJ,)N CITIZI:~N ENGAGEMEN':(
SECTION 1. Establishment of the City Council Committee on Citizen Engagement and
statement of duties and purpose of the Committee.
A. The City Council-hereby establishes a standing committee to be called the
City Council Committee on Citizen Engagement. The Committee shall be
composed of three (3) members of the City Council to be appointed by the
Mayor and approved by the City Council. The City Manager, or his or her
designee, will provide guidance and assistance to. the Committee and be
responsible for ensuring that records are maintained in accordance with
r_equirements of the city secretary's office.
B. The Committee members shall serve at the pleasure of the City Council
until succ;:essors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton) Texas.
C. The duties and purpose of the Committee shall be to provide advice to
both the City Council and/or staff regarding the timely. distribution of
accurate and complete information to Denton citizens and devise methods
IX.
of engaging Denton citizens in the various processes of city government.
The Committee shall, from time to time and at its discretion, m~e
recommendations and provide information to the City Council relevant to
its stated purpose.
SECTION 2. TJ:iATTITLE VUI. ofResolutio11 N<,, }32009 .. 015 is r~Jtumbered to TITLk~
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
/ltd tJ :r::._ ... AA ✓ PASSED AND APPROVED this the _4 ~ day ofJ,,d."92-!£:LZ~ .... _, 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:~~
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
i '·
s:\le1,al\our documents\rcsolutions\12\resolution amendments to b&c handbook re communication.doc
RESOLUTION NO. R2Q 12-030
A RESOLUTION OF THE CITY OF DENTON AMENDING RESOLUTION NO. R2011-036
REGARDING THE DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND
COUNCIL CO1\1MITTEES TO ADD A PROCESS BY \VHICH BOARDS AND
COMMISSIONS MAY COJvfMUNICATE WITH THE CITY COUNCIL;~ DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City Council approved Resolution No. R2011-036 which adopted a
revised City of Denton Handbook for Boards, Commissions, and Council Committees; and
WHEREAS, the City Council desires to add a provision in said Handbook which will
provide for a process by which Boards and Commissions might communicate with the City
Council regarding questions or recommendations concerning policy within the scope and
purpose of the City's Boards and Commissions; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the City of Denton hereby adds as SECTION 2 to
Resolution No. R2011-036 the following language:
SECTION 2. A process of communication between the City Council and the
Citis Boards and Commissions is hereby created, as follows:
Upon consensus of a Board or Commission, such Board may request that staff
propose questions regarding public policies or prepare policy statement
recommendations regarding a matter that cl~arly falls within the scope and
purpose of the Board. Such policy recommendations or questions, once approved
by a majority of the Board or Commission, will be forwarded to the City Council
for their response or consideration as Council determines appropriate.
Boards and commissions may provide an annual or more periodic report to
Council ~s appropriate outlining their activities, accomplishments, projects, and
initiatives. Content of the report may be customized by each board. S_uch reports
will be forwarded to the entire Council upon approval of the majority of the
board.
SECTION 2. SECTION 2 of Resolution No. R2011-036 is renumbered to SECTION 3.
SECTION 3. The City Council directs that the language referenced in SECTION 1 of
this Resolution be included in the City of Denton Handbook for Boards, Commissions, and
Council Committees upon subsequent publications of said Handbook, and that this Resolution
accompany distribution of the Handbook until such time as additional publications are printed.
· s:\legal\our documents\resolutions\12\resolution amendments to b&c handbook re communication.doc
SECTION 4. This Resolution shall become effective immediately upon its passage and
~pproval. -ti /)_ L .
PASSED AND APPROVED this the /¢-_ day of .J0,1:,f2-til1:Zt:le,,{L_ .. _.1 2012.
. '"'
-· l ""'-'Lt,:;,;.._.jf_1 __
MARK ·A.B1:JR. OOGl~IS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:~~~·--
Page2
DEN'I'IC)N
ADA/EOE/ ADEA
TDD: (800) 735-2989
www.cityofdenton.com
Resolution No. R2013-
Published 09/2013