2004-182
FILE REFERENCE FORM
2004-182
x
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Amended by Ordinance No. 2004-298 09/21/04 JR
Reoealed by Ordinance No. 2005-174 06/21/05 JR
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 2001-193 AND SECTION 2-29 OF THE
CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, AND ALL AMENDING ORDINANCES AND REPEALING AND
CONSOLIDATING ORDINANCES 2001-204, 2002-018, 2003-235, 2003-373, 2004-014 and
2004-033; PROVIDING FOR RECORDING OF ATTENDANCE AT COUNCIL MEETINGS
AND SETTING WORK SESSION TIMES; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City
Charter of the City of Denton, Texas, authorize the City Council of said City to promulgate and
establish roles of procedure to govern and conduct meetings, order of business, and decorum, while
acting as a legislative body representing said City; and
WHEREAS, because of its desire to more effectively and efficiently serve the public
through the medium of public meetings, it has become necessary to amend and consolidate all
amendments of the City Council Rules of Procedure; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SF,(2TION 1 That Ordinance Numbers 2001-193, 2001-204, 2002-018, 2003-235, 2003-
373, 2004-014 and 2004-033 and Section 2-29 of the City Code are hereby amended and
consolidated into one Ordinance known as the Denton City Council Rules of Procedure to read as
follows:
1. (2-29(a)) AtlT~ORITV
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 roles 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 roles. 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)) C.I~.~I~,RAI,
2.1 (1) Meeting.~ tn he Pnhlle.: All official meetings of the Council and Council committees
and subcommittees, except closed meetings permitted by the provisions of the Texas Open
Meetings Act, Chapter 551, TEX. GOV'T. CODE ANN. (Vemons Annotated Texas Civil Statutes
2003 (Vemons), as amended, shall be open to the public.
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/~om attendance at a Council
meeting except for good and valid reasons. It will be the duty of the Council member to notify the
City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will
record each Council member as being present or absent as a part of the minutes prepared for each
Council meeting.
2.4 (4) Mi~ennduet: 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 for all closed meetings and shall be approved by the Mayor in
accordance with Chapter 552, TEX. GOV'T. CODE ANN. (Vemons 2003), as amended.
2.6 (6) Q,,e~tions to Contain One ~qn~eet: 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 confine his or her remarks to the subject under consideration or to be
considered. No member shall be allowed to speak more than once on any one subject until every
member wishing to speak shall have spoken.
2.8 (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 ail discussions of the Council, but shall have no vote. (Charter,
Section 5.03 (d)).
2.9 (9) CiW Attorney: The City Attorney, or Acting City Attomey, 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 Attomey shall act as the Council's
parliamentarian.
2.10 (10) City. Secretary.: The City Secretary, or Acting City Secretary, shall attend all
meetings of the Council unless excused, and shall keep the official minutes and perform such other
duties as may be requested by the Council.
2.11 (11) Officers ~nd Employee~: Any officer or employee of the City, when requested by
the City Manager, shall attend any meeting o~f 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) Rule~ of Order: These rules govern the proceedings of the Council in all cases,
except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised
PAGE 2
shall govern.
2.13 (13) .qn.qpen.qinn nf Rule~: Any provision of these roles not governed by the City
Charter or Code may be temporarily suspended by the affirmative vote of four members of the
Council. The vote on any such suspension shall be taken by yeas or nays and entered into the
minutes of the Council.
2.14 (14) Amendment nf Rnleg: These roles may be amended, or new rules adopted by the
affirmative vote of four members of the Council, provided that the proposed amendments or new
rules shall have been introduced before the City Council at a prior Council meeting.
3. (2-29(c)) CODW. O1, CO~DIICT
3.1 (1) COlmell member.q:
a. During Council meetings, Council members shall preserve order and decorum and shall
neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the
rules of the Council.
b. A Council member, once recognized, shall not be interrupted while speaking unless
called to order by the Mayor or presiding officer, unless a point of order is raised by another
member or the parliamentarian, or unless the speaker chooses to yield to questions fi.om another
member. If a Council member is called to order while he or she is speaking, he or she shall cease
speaking mediately 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) Adminigtmtive Staff:
a. Members of the Administrative staff and employees of the City shall observe the same
rules or procedure and decorum applicable to members of the Council, and shall have no voice
unless and until recognized by the Chair.
b. While the presiding officer shall have the authority to preserve decorum in meetings as
far as staffmembers and City employees are concerned, the City Manager also shall be responsible
for the orderly conduct and decorum of all City employees under his or her direction and control.
c. The City Manager shall take such disciplinary action as may be necessary to insure that
such decorum is preserved at all times by City employees in Council meetings.
d. All remarks and questions addressed to the Council shall be addressed to the Council as
a whole and not to any individual member thereof.
e. No staff member, other than a staff member having the floor, shall enter into any
discussion either directly or indirectly without permission of the presiding officer.
PAGE 3
3.3 (3) Citizeng:
a. Citizens and other visitors are welcome to attend all public meetings of the City
Council, and will be admitted to the City Council Chamber or other room in which the City
Council is meeting, up to the fire safety capacity of the room.
b. All meeting attendees shall conduct themselves with propriety and decorum.
Conversations between or among audience members should be conducted outside the meeting
room. Attendees will refrain from excessively loud private conversations while the Council is in
session.
c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles,
yells, and similar demonstrations shall not be permitted.
d. Placards, banners, or signs will not be permitted in the City Council Chamber or in
any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in
connection with presentations to the City Council, however, are permitted.
e. Audience members may not place their feet on any chairs in the City Council Chamber
or other room in which the City Council is meeting.
fi Only City Council members and City staffmay step on to the dais.
g. All people wishing to address the City Council shall first be recognized by the
presiding officer and shall limit their remarks to the matter under discussion.
h. All remarks and questions addressed to the City Council shall be addressed to the City
Council as a whole and not to any individual members.
i. Any person addressing the City Council in the City Council Chamber shall do so from
the lectern unless physically unable to do so. People addressing the City Council shall not be
permitted to approach the dais. If they wish to hand out papers or other materials to the City
Council, they should express that desire to the presiding officer, and the City Manager shall
direct a staff member to hand out 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
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
PAGE 4
only. Any radio station, which broadcasts the regular City Council meetings live may hook their
equipment up at the front of the room as long as it remains out of sight and out of the way.
1. There will be a uniformed City of Denton police officer present at all regular meetings
of the City Council. This police officer shall act in the capacity of a security officer/sergeant-at-
arms, and shall enforce the meeting rules and act upon the direction of the presiding officer.
m. Any person making personal, impertinent, profane, or slanderous remarks, or who
becomes boisterous while addressing the City Council or who otherwise violates any of the
above-mentioned rules while attending a City Council meeting shall be removed from the room
at the direction of the presiding officer, and the person shall be barred from further audience
before the City Council during that session of the City Council. If the presiding officer fails to
act, any member of the City Council may move to require the offending person's removal, and
the affirmative vote of a majority of the City Council shall require the presiding officer to act.
The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the majority
of the City Council, shall remove the offending person from the meeting.
3.4 (4) F, nforeement: 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) Sealing Arrangement: The City Secretary, City Manager and City Attorney shall
occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or
more members of the Council may exchange seats.
4. (2-29(d)) TYPES OF 1VI~,F, TINGS
4.1 (1) re~mflar Meefingm: The Council shall meet at 6:30 p.m. on the first and third
Tuesday of each month, with executive sessions (closed meetings) of the Council commencing at
5:30 p.m., or at any other time set by the Council, unless the meeting is postponed or cancelled for
valid reasons. All regular meetings of the Council will be held in the Municipal Building at 215
East McKinney Street, 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 Meeting~: 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 2003, as amended). The
Mayor, City Manager, or three of the council members may designate a location for the special
meeting other than the Municipal Building as long as the location is open to the public.
4.3 (3) Wnrkshnp Meetings: Workshop meetings or work sessions may be held from 4:30
p.m. to 5:15 p.m. on the first and third Tuesday of each month, or at such other times the Agenda
Committee may designate, to discuss near to mid range issues. Workshop meetings or work
sessions may be held from 5:15 p.m. to 6:30 p.m. or at such other times as the agenda committee
may designate, on the first and third Tuesday of each month, to answer Council questions
PAGE 5
concerning consent agenda items. Workshop or Work Sessions may be held from 4:00 p.m. to 6:30
p.m. or at such other times as the Agenda Committee may designate, on the second Tuesday of each
month to discuss mid to long-range issues. Workshops or Work Sessions may be called using the
same procedure required for special meetings as provided for/n Section 4.2(2) above. The propose
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 work session
will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens
should be advised of the nature of the work session and that their input may be received and
considered at a regularly scheduled council meeting where the agenda provides for final action to be
taken on the matter. The purpose of this procedure is to allow the citizens attending the regular
meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any
citizen may supply the City Council a written statement or report regarding the citizen's opinion on
a matter being discussed in a work session. If the Mayor invites citizens to participate in a work
session, their participation will cease at the point the Mayor closes the session to public input to
allow the Council to give City staff direction as to needed information for the possible future
meeting without distracting comment from the audience.
4.4 (4) F~mergenc. y Meetin£g: 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) Clo~qed Meetin£g: 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
2003), as amended.
4.6 (6) Reee~ed Meeting~: 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 Meeting~: 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 2003, as amended.)
5. (2-29(e)) PRI~.glDIN~ Oi*i*I¢?ER nNl~ BI.ITIES
5.1 (1) Pregiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-Tem,
shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of both
the Mayor and Mayor Pro-Tern, the Council shall elect a temporary presiding officer. (Charter,
Section 2.03)
5.2 (2) Call tn Order: The meetings of the Council shall be called to order by the Mayor, or
in his or her absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-
PAGE 6
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 nfOrder: 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 roles contained herein.
5.4 (4) Points at'Order: The presiding officer shall determine all points of order, subject to
the right of any member to appeal to the Council. If any appeal is taken, the question shall be,
"Shall the decision of the presiding officer be sustained?". If a majority of the members present
vote "No", the ruling of the chair is overruled; otherwise, it is sustained.
5.5 (5) Qlmgtinn~ tn he Stated: The presiding officer shall state all questions submitted for
a vote and announce the result. A roll call vote shall be taken upon the request of any member, and
upon the passage of all ordinances and resolutions.
5.6 (6) Substitution fnr Pre~qiding 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. ORDER OF lilIglNERS (Section 2-29 (f)
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 Tem, and the City Manager. When items are removed from
the consent agenda and placed on the regular agenda by members of the Council, the removed items
shall be taken up in the order of removal right after the consent agenda. Placement of items on the
agenda shall be govemed by this Section and Section 6.3; provided that ifa 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.
Conduct of business at special meetings and Council Committees and subcommittees will likewise
be governed by an agenda and these Rules of Procedure.
6.2 (2) Pledge of Alle~ance: Each agenda shall provide an item for the recital of the
"Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with
the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the
pledge of allegiance for the Texas state flag in accordance with article 6139 (b) of Vernons
Annotated Texas Civil Statutes.
6.3 (3) Presentatlan~ By Members of Council: 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 hsted on the agenda, but discussion and formal action on such matters shall be deferred
PAGE 7
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.
6.4 (4) Pregentation hyCitizenm
a. Citizen Repnrts: Any person who wishes to place a subject on the Council agenda at
regular City Council meetings shall advise the City Manager's office of that fact and the specified
subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday
prior to the Council meeting at which he or she wishes the designated subject to be considered. A
time for such citizen reports shall be provided on the agenda after the pledge of allegiance, approval
of the minutes, and the presentation of proclamations. Any speaker providing a citizen report shall
speak for no longer than five (5) minutes on all items that he or she may bring before the Council at
each meeting, unless the Mayor or the majority of the Council grants an extension of time. No
citizen may fill out a "request to speak" form or have an opportunity to speak or comment on
another citizen's report which is given at the same Council meeting.
b. Rpeaklng on Re~m]lar ~nd Cnn~ent Agenda ltem~? Anyperson who wishes to address the
Council regarding a non-public heating item that is on the Council's agenda for a regular or special
meeting, shall complete a "request to speak" form asking to speak regarding the item and shall
return it to the City Secretary before the Council considers the item. Any person wishing to address
the Council on a public hearing item should complete a request to speak form and return it to the
City Secretary. The Mayor will call upon the citizen to speak for no longer than three minutes as
that particular agenda item is considered by the City Council except that persons giving citizen
reports and applicants and their agents on public hearing items shall be allowed to speak for no
longer than five (5) minutes or as indicated in paragraph 6.5 (5) "Time i'imlt~." The provisions of
this paragraph do not apply to workshop meetings, and a citizen's right to speak and provide input
at these meetings shall be limited and controlled by subsection 4.3 (2-29(d)(3)) "Workshop
Meetings".
c. Any person who wishes to address the Council at a public hearing should complete a
"request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor
will call upon the citizen to speak for no longer than three (3) minutes or five (5) minutes for
applicants and their agents in accordance with paragraph 6.5(5) "Time i'
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.
6.5 (5) Time !,imits: Speakers before the Council shall limit their remarks to three (3) or
less minutes or less for public hear/ng 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. Citizens reports shall be limited
PAGE 8
to five (5) minutes or less. Groups or organizations comprised often or more members shall limit
their remarks in accordance with the parameters established in paragraph 6.4d(4). At the discretion
of the presiding officer or a majority of the City Council, any speaker may be granted an extension
of time to speak.
6.6 (6) Oral Pre~entation~ hy City Manager: Matters requiring the Council's attention or
action which may have developed after the deadline for delivery of the written communication to
the Council may be presented orally by the City Manager. If formal Council action on a subject is
required, such action may be taken only if the provisions of the Texas Open Meetings Act have
been satisfied.
6.7 (7) Pre~entatinn nfPrnelamatlnqs: The agenda may provide a time for the presentation
of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the
request of citizens. Proclamations may encompass any activity or theme except that proclamations
with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall
not be used for any commercial or advertising purpose.
7. CONSIDERATION OF ORDINANCES: RIq',~qOI,IITIC)N~q. AND Mf'}TI(~N~ (2-29(g))
7.1 (1) Printed or Typewritten Form: All ordinances and resolutions shall be presented to
the Council in printed, typewritten or electronic form. The Council may, by proper motion, amend
any ordinance or resolution presented to it at the meeting at which it is presented or direct that the
amended ordinance be placed on the next or any future Council Agenda for adoption.
7.2 (2) Cil~,. Attorney to Approve: All ordinances, resolutions, and contracts and
amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she
shall file a written opinion on the legality of such ordinance, resolution or contract prior to
submission to the Council. (Charter, Section 6.02).
7.3 (3) Distribution of Ordinanee.q and Reaolntlons: The City Manager shall prepare copies
of all proposed ordinances and resolutions for distribution to all members of the Council at the
meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient.
7.4 (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) MajnriW Vote Required' An affirmative vote of four (4) members is necessary to
repeal any ordinance or take any official action in the name of the City except as othenvise
provided in the Charter or by the laws of the State of Texas. (Charter, Section 2.06).
7.5.1(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 tho~e eirenm~taneeg ~et
PAGE 9
forth in Section 7 12: The Previon.q Q,,e~tinn. 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) Di~ent~ and Prote~t~: Any member shall have the right to express dissent fi.om or
protest against any ordinance or resolution of the Council and have the reason therefore entered
upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not
later than the next regular meeting following the date of passage of the ordinance or resolution
objected to.
7.9 (9) Voting Reo?irerl: No member shall be excused fi.om 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. GOV'T.
CODE ANN. (Vemons 2003), and in these instances he or she shall abstain. Any member
prohibited from voting by personal interest shall announce this at the commencement of
consideration of the matter and shall not enter into discussion or debate on any such matter and
shall leave the meeting room. The member having briefly stated the reason for his or her request,
the excuse fi.om voting shall be made without debate.
7.10 (10) Order of Precedence nfMntinn~:
a. The following motions shall have priority in the order indicated:
1. Adjourn (when unqualified) and is not debatable and maynot 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;
PAGE 10
11. Main Motion.
b. The first two motions are not always privileged. To adjourn shall lose its privilege
character and be a main motion if in any way qualified. To take a recess shall be privileged only
when other business is pending.
c. A motion to adjourn is not in order:
1. When repeated without intervening business or discussion;
2. When made as an interruption cfa member while speaking;
3. While a vote is being taken.
d. Only certain motions may be amended as provided in the most current edition of
Robert's Rules of Order, revised. A motion to amend shall be undebatable when the question to be
amended is undebatable.
7.11 (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 role is suspended as provided for in these
Rules of Procedure.
7.12 (12) The Previmm 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 nnthing herein shall allow the previmm question tn be called prior
to a lea~t one opportnnlty for each member of the I~nnncil to speak on the qne~tion 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' Mntinns: A motion may be withdrawn, or modified, by its
movant without asking permission until the motion has been stated by the Presiding Officer. If the
movant modifies his or her motion, the seconding council member may withdraw his or her second.
After the question has been stated, the movant shall neither withdraw it nor modify it without the
PAGE 11
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) Appropriatinn~ of Mnney: Before formal approval by the Council of motions
providing for appropriation of money, information must be presented to the Council showing
purpose of the appropriation. In addition, before finally acting on such an appropriation, the
Council shall obtain a report from the City Manager as to the availability of funds and his or her
recommendations as to the desirability of the appropriation.
7.15 (15) Transfer nf Apprnprlatinn~: 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. CRi~.ATION O1~' COMMITTEE,q. IlOARD~q AND COMMI,q~qlON~q
8.1 (1) Cnnneil Cnmmitteeg: The Council may, as the need arises, authorize the
appointment of the "ad hoc" Council committees. Any committee so created shall cease to exist
upon the accomplishment of the special purpose for which it was created or when abohshed by a
majority vote of the Council.
8.2 (2) Citizen Plnardg: Cnrnmi~ginn~: and Cnmmittees: The Council may create other
Committees, Boards and Commissions to assist in the conduct of the operation of the City
government with such duties as the Council may specify not inconsistent with the City Charter or
Code. Memberships and selection of members shall be as provided by the Council if not specified
by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist
upon the accomplishment of the special purpose for which it was created, or when abolished by a
majority of the vote of the Council. No Committee so appointed shall have powers other than
advisory to the Council or to the City Manager, except as otherwise specified by the Charter or
Code.
8.3 (3) Appnintment~:
a. Individual 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 commtmity 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 information in selecting nominations for membership to each board and
commission.
PAGE 12
d. In an effort to ensure maximum:citizen participation, City Council members will
continue the general practice of nominat'mg new citizens to replace board members who have
served three consecutive, full terms on the same board.
e. Each City Council member will be responsible for making nominations for board and
commission places assigned to him or her, which may 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.
8.4 (4) Rules of Procedure: Board and Commission members shall comply with the
provisions of Article 1II of Chapter 2 of the Code of Ordinances. Each Board shall be provided a
copy of these roles of procedure and each advisory board shall adopt roles of procedure governing
the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible.
9. VOTES REQIIIREI) (.2-20
Questions on which the voting requirement is varied by the Charter, State Statutes and these
roles are listed below:
9.1 (1) IThar~er and ~qtate ~qtatntory Reqnirements:
a. Cbar*e~' 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 2003.) For a seven member Council, this
means five members must vote affirmatively.
b. !,evyfi'ng 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, 2003)
c. Charting Paving Assesgrnent Plans - Five Votes: Changes in plans for paving
assessment require a two-thirds vote of the Council. (Section 313.053(e) Transportation Code,
Vemons 2003.)
d. Changes in Zoning Ordinance or Znning Classifications: In cases of a written protest of
a change in a zoning regulation or zoning classification by the owners of twenty (20%) percent or
more either of the area of the lots included in such proposed change, or of the lots immediately
adjoining the same and extending two hundred feet (200') therefi:om, such amendment shall not
become effective except by the favorable vote of three-fourths (3/4) of all members of the City
Council; six (6) votes of the City Council is required to override the decision of the Planning and
Zoning Commission that a zoning change be denied.
e. Amendment of Tax Ahatement Policy: The guidelines and criteria adopted as the City's
Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of all members
of the City Council. (Section 312.002(c)) Texas Tax Code (Vemons 2003)
PAGE 13
That if any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
~qlq(qTTOhl 2 That Ordinances 2001-204, 2002-018, 2003-235, 2003-373, 2004-014 and
2004-033 are hereby repealed.
,qF, CTIONI 3. That this Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~ day of ~//~ , 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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