2004-298
FILE REFERENCE FORM
2004-298
x
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(s) Date Initials
Repealed by Ordinance No. 2005-174 06/21/05 JR
ORDINANCE NO. ~,~/~0d-,~qd/~
AN ORDINANCE AMENDING ORDINANCE NO. 2004-182 AND SECTION 2-29 OF THE
CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS; PROVIDING ADJUSTMENTS TO THE TIME LIMITS FOR
CITIZEN REPORTS AND REQUIRING GROUPS OF TEN OR MORE SPEAKERS TO
PROVIDE WRITTEN DESIGNATION TO THE CITY SECRETARY OF THEIR SPEAKER
REPRESENTATIVE; PROVIDING FOR THE PLACEMENT OF CITIZEN REPORTS ON THE
CITY COUNCIL AGENDAS; AND MAKING SUCH OTHER CHANGES AS ARE SET
FORTH HEREIN; PROVIDING A SAVINGS CLAUSE; 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, hereinafter referred to as City, authorize the City Council of
the 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 the City; and
WHEREAS, the City Council consolidated all the amendments to the City's Rules of
Procedure (Rules) into one ordinance with a passage of Ordinance No. 2004-182 on July 20, 2004;
and
WHEREAS, in accordance with Section 2.14 of Ordinance No. 2004-182 and Section
2.29(b)(14) of the City Code, the proposed amendments to the Rules have been introduced and
discussed in the Council's prior meetings of July 22-23, 2004 and August 16, 2004, both of which
were held in accordance with the Texas Open Meetings Act, Chapter 551 of the Government Code;
and
WHEREAS, the City Council deems it necessary to make certain amendments to the Rules
of Procedure governing citizens' presentations before the City Council to ensure that meetings
cont'mue to be effective and efficient; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
RF. CTION 1. That the find'rags stated in the Preamble are incorporated into this Ordinance
for all purposes.
SR(2TIC~NI 2. That the following sections and subsections of Ordinance No. 2004-182 and
Section 2-29 of the City Code are hereby amended to read as follows:
6.4.a. (2-29(0(4) - C. itizen Repnrt.q'. 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 aRer the approval of
items for individual consideration and before the item "consideration of new business." Any
speaker providing a citizen 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 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. An announcement shall be made, prior to the time for citizen reports on the agenda,
summarizing the main portions of the Rules and Section 3 (2-29(c)), "Code of Conduct" as they
may apply to citizens speaking to the Council.
6.4.b. (2-29(1)(4) - Speaking nn Re~mflar and Canaenl Agenda ltema: Any person who
wishes to address the Council regarding a non-public hearing 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 heating 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 (3) minutes as that particular agenda item is considered by the City Council except that
persons giving citizen reports shall speak for no longer than four (4) minutes 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 6.4.d. (5) "Time ! .imit~." 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 con~'olled by subsection 4.3 (2-29(d)(3)) "Workshop Meetings".
6.4(d) (2-29(0(4) - Any group or organization comprised often or more members present in
the City Council Chambers who wishes to address the Council at a public hearing or on a non-
public heating 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 mm 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) (2-29(1)(5) - Time l.imlt~: 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. Citizens reports
shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or more
members shall limit their remarks in accordance with the parameters establ/shed in paragraph 6.4d
(2-29(0(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.
7.9 (9) (2-29(g). Vntlng 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. GOV'T CODE ANN. (Vernon 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 from voting shall be made without debate.
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gF. CTTON 3. That save and except as amended hereby, all the remaining clauses,
sentences, paragraphs, sections and subsections of Ordinance No. 2004-182 and Section 2-29 of the
Code of Ordinances shall remain in full force and effect.
.RF, CTION 4. 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.
S]~C~TTON 5. That this Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~/~_t, day of k~, ~~ ,2004.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~~~"
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