2001-193NOTE:
Amended
by
Ordinance
No.
2001.-
204
NOTE:
Amended
by
Ordinance
No.
2002-
018
NOTE:
Amended
by
Ordinance
No.
2003-
235
NOTE:
Amended
by
Ordinance
No.
2003-
373
NOTE:
Amended
by
Ordinance
No.
2004-
014
NOTE:
Amended
by
Ordinance
No.
2004-
033
ORDINANCE NO. 2001-193
AN ORDINANCE AMENDING ORDINANCE NO. 94-183 AND SECTION 2-29 OF THE CITY
CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS, AND ALL AMENDING ORDINANCES AND REPEALING AND
CONSOLIDATING ORDINANCES 76-48, 81-35, 90-026, 90-150, 90-150, 92-115, 93-073, 94-
183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028 AND 2000-420;
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City
Charter of the City of Denton, Texas, authorize the City Council of said City to promulgate and
establish rules of procedure to govern and conduct meetings, order of business, and decorum, while
acting as a legislative body representing 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, TEXAS, HEREBY ORDAINS:
9FC1T0N I That Ordinance Numbers 94-183, 96-045, 96-057, 96-085, 96-257, 98-246,
98-325, 98-415, 99-028, and 2000-420 and Section 2-29 of the City Code (Rules 6-2-6-7) are
hereby amended and consolidated into one Ordinance known as the Denton City Council Rules of
Procedure to read as follows:
1.1 Charter. Pursuant to the provisions of Section 2.07 of the Charter of the City of
Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City
Council of the City of Denton, Texas.
During any meeting, a reasonable opportunity shall be given for citizens to be heard under
these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the
Council Chamber including the city administrative staff, news media, and visitors.
2. GRNF.RAT, RULES
2.1 Meetings to be Publio: 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. (Vernon Annotated Texas Civil
Statutes 1999 (Vernon), as amended, shall be open to the public.
5:\Rules of Procedures\0rtllwnce 2001-191 rims page. ooc
PAGE 1
2 2 QU=m Four members of the Council shall constitute a quorum for the
transaction of business (Charter, Section 2 06)
23 ,,,n 11,n Attendance No member shall be excused from attendance at a
Council meeting except for good and valid reasons
24 1,.t.srnnduct The Council may punish its own members for misconduct
25 f Meet,nas An account of all proceedings of the Council shall be kept
Council
the
ecord of
the City Secretary and shall bred ered in a book constituting the official r
A for all closed meetings and shall be approved by the Ma or in
A certified agenda shall be prepa Vernon 1999), as amended
accordance with Chapter 552, TEX GOVT CODE ANN
t „ (nnta,n (~ue__Suh, ..t All questions submitted for a vote shall
2 6 Council may approve all items which are on the consent
contain one subject, except the City , regardless f h subjects are contained in th~ Mn ntrlagee ct and
have not agenda alone motion, been properly posted in accordance with the Texas Op
long all items have been a Councilmember if two or more points are
been removed from the consent agenda by
involved, any member may require a division, if the question reasonably admits of a division
27 R, b of Ftnnr Any member desiring to speak shall be recognized by the or to Chairperson, and shall confine his or her remarks to the subject under consideration
until every
considered No member ~ sly 1 have spoken speak more than once on any one subject
member wishing
28 city Manager The City Manager, or Acting City Manager, shall attend all ons to meetings of ri akelpart in all excused
tie or she may make of the Counc 1, bu shall have otvot council Carter
shall have right to
Section 5 03 (d))
29 C',Ttt-orgy The City Attorney, or Acting City Attorney, shall be available , give on request seither t fornt
o act ras the Councils
all of the ten ortorals on questions o f of liamwlessThexcused and e City Attorney shall
opinion, parliamentarian
210 - n" SWzLta,V The City Secretary, or Acting City secretary, shall attend all
erform such other
meetings of the Council unless excused, and shall keep the official minutes and p
duties as may be requested by the Council
Qffi rs and Fmnlnvee Any officer or employee of the City, when requested by
211 - ~P of the Council If requested to do so by the City
the City Manager, shall attend any meeting
Manager, such employee may present information relating to matters before the Council
s \wr meum is\adtmnce.\Oi\ecaueeeoaooi doc
PAGE 2
2 12 Rullec 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
shall govern
2 13 Cu ens,on of Rules Any provision of these rules 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 Amendment of Rules These rules maybe 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
31 Cauncilmemhers
a During Council meetings, Councilmembers 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 Councihnember, once recognized, shall not be interrupted while speaking unless
called to order by the Mayor or presiding officer, unless a point of order is raised by another
member or the parliamentarian, or unless the speaker chooses to yield to questions from another
member If a Councilmember 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
32 Admmictratrv R aff
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 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 lus 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
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PAGE 3
FILE REFERENCE FORM 2001-193
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S)
Amended b Ordinance No. 2001-204
LaLC
05/29/01
iLp LLAJ
JR
Amended by Ordinance No. 2002-018
01/08/02
JR
Amended b Ordinance No. 2003-235
08/05/03
) R
Amended by Ordinance No. 2003-373
11/18/03
JR
Amended b Ordinance No. 2004-014
01/06/04
JR
Amended by Ordinance No. 2004-033
02/03/04
J R
Amended & Consolidated into one ordinance - Ordinance No. 2004-182
07/20/04
J R
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
33 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 permitted
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
Only City Council members and City staff may 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
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
a \wr WG=Mto\orasn. --\ot\=RMSS a 0' me
PAGE 4
the materials
When the time has expired for a presentation to the City Council, the presiding
officer shall direct the person speaking to cease A second request from the
presiding officer to cease speaking shall be cause of the removal of the speaker if
that person continues to speak
k Equipment, apparatus, or paraphernalia such as camera tripods, easels, or
wheelchairs shall not obstruct, block, or otherwise be located in the doorway,
entranceway, or walkways of the City Council Chambers or of any other room in
which the City Council may choose to meet Representatives of the electronic
media may setup 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
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-anus, and shall enforce the meeting rules and act upon
the direction of the presiding officer
in. 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
34 Rnfornement 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 herem established
35 Ceat,ng 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
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PAGE 5
4 TYPES OF MEFTINGS
41 Regular Meetings The Council shall meet at six o'clock p in on the first and
third Tuesday of each month, with executive sessions (closed meetings) of the Council
commencing at five fifteen o'clock p in, 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, or at such other location as the City Council may,
by motion, resolution or ordinance from time to time designate
42 Sper,al 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, [Chapter 551 TEX GOVT CODE ANN, (Vemons 1999, 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
43 Workshop Meetings Workshop meetings or work sessions may be called using
the same procedure required for special meetings (See Sec 4 2) The purpose of the workshop
meeting is to discuss or explore matters of interest to the City, to meet with City Board,
Commission, 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
44 Emergency Me_ agc 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
45 Closed Meetings The Council may meet in a closed meeting pursuant to the
requirements of the Texas Open Meetings Act, Chapter 551, TEX GOVT CODE ANN (Vernon
1999), as amended
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PAGE 6
4 6 R PaPr Pit M=nngs 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
47 Not,ne 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 GOVT CODE ANN (Vernon 1999, as amended)
5 1 Presiding Officer The Mayor, or in the absence of the Mayor, the Mayor Pro-
Tem, shall preside as chairman, or presiding officer at all meetings of the Council In the absence
of both the Mayor and Mayor Pro-Tern, the Council shall elect a temporary presiding officer
(Charter, Section 2 03)
52 Call t Order The meetings of the Council shall be called to order by the Mayor,
or in his or her absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor
Pro-Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding
officer shall be elected as provided above
53 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
54 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 sustamed9" If a majority of the members present
vote "No", the ruling of the chair is overruled, otherwise, it is sustained
55 Questions to 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 resolution
56 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
57 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
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PAGE 7
ORDER OF RITSINFSS (Section 2-29 of the City Code "City Council Procedures;
Order of Business")
6 1 (2-29(a)) 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, one other member of the City Council selected by the Council,
and the City Manager The agenda shall be a listing by topic of subjects to be considered by the
Council When items are removed from the consent agenda and placed on the regular agenda by
members of the Council, the removed 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 Councilmember has an "emergency" item that the Councilmember 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 Pro-
cedure
6 2 (2-29(b)) 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 article 6139 (b) of Vemons
Annotated Texas Civil Statutes
6 3 (2-29(c)) Presentations by Memhers of Council The agenda shall provide a time when
the Mayor or any Councilmember may bung before the Council any business that he or she feels
should be deliberated upon by the Council 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 Man-
ager 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 (2-29(d)) Presentation by Citizens
a (2-29(d)(i)) Citize~ n Repcrfs 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 in
Wednesday poor 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 Mort shall speak for no longer than five (5) minutes on all items that he or she may bung
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
e noc..te\Or J...c..\ni\CMMES M aoa
PAGE 8
speak or comment on another citizen's report which is given at the same Council meeting
b (2-29(d)(ii)) Spea king an R g ular and Cnnsent Agenda Items Any person who wishes
to address the Council regarding an item that is on the Council's agenda for a regular or special
meeting, shall complete a "request to speak" form asking to speak regarding the item and return it
to the City Secretary before the Council considers the item 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 The provisions of this paragraph do not apply to persons appearing at a public hearing in
response to an official agenda notice or publication The provisions of this paragraph also do not
apply to workshop meetings, and a citizen's right to speak and provide input at those meetings shall
be limited and controlled by Section 4 3 "Workshop Meetings" of tlus ordinance
c (2-29(d)(ur)) Any person who wishes to address the Council at a public hearing shall
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 five (5) minutes
6 5 (2-29(e)) Time I Am,ta Speakers before the Council shall limit their remarks to five (5)
minutes or less for public hearing items and citizen reports Citizens speaking to a non-public
hearing agenda item shall limit their presentations to three (3) minutes or less
6 6 (2-29(f)) Oral Presentations by 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 (2-29(g)) 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 CONSIDERATION OF ORDTNANCFS9 RESOLUTIONS, AND MOTIONS
71 Printed or Ty ewntten Form All ordinances and resolutions shall be presented to
the Council in printed or typewritten form The Council may, by proper motion, amend any
ordinance or resolution presented to it and direct that the amended ordinance be placed on the next
Council Agenda for adoption
72 City Attorney totoAnnr=ve 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)
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PAGE 9
7 3 Distnhntion of Ordinances and Resolutions The City Manager shall prepare
copies of all proposed ordinances and resolutions for distribution to all members of the Council at
the meeting at which the ordinance or resolution is introduced, or at such earlier time as is
expedient
74 R nording of Yates 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))
75 Mfganty Vote Required An affirmative vote of four (4) members is necessary to
repeal any ordinance or take any official action in the name of the City except as otherwise
provided in the Charter or by the laws of the State of Texas (Charter, Section 2 06)
751 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
76 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 exagUion of those ctrcnmstances set
forth in Section 7 12„ The P revinna Queshnn It shall not be in order for members to explain their
vote during the roll call
77 Person 1 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
78 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
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
79 Voting Re gn,r .d 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 GOVT
CODE ANN (Vernon 1999, as amended), 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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PAGE 10
710 Order nfPr ced n nfMotinm
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 hrnits 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
1 When repeated without intervening business or discussion,
2 When made as an interruption of a member while speaking,
3 While a vote is being taken
d Only certain motions may be amended as provided in the most current edition of
Robert's Rules of Order, revised A motion to amend shall be undebatable when the question to be
amended is undebatable
711 R inna~derat,nn A motion to reconsider any action of the Council can be made
s %m,. m.~.nc.~o.asn.me.~ov~ccnu~esoaom me
PAGE 11
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 Councilmember 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 unammous 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 The Prev,nus 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 pmiai,s question to he called prior
to a_ pant one nnnnrhm,ty for a .h member of he Cniinml to sneak an the queat,nn 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 Withdrawal of Motions A motion may be withdrawn, or modified, by its movant
without asking permission until the motion has been stated by the Presiding Officer If the movant
modifies his or her motion, the seconding councilmember 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 Annronnat,nns of Money Before formal approval by the Council of motions
providing for appropriation of money, information must be presented to the Council showing
purpose of the appropriation hi 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 Transfer of AT1 ro man t,nns 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
6 \O r wcumna.\O inenroe\01\.OLB60P001 dos
PAGE 12
$ CREATION OF COMMITTEES, BOARDS AND COMMISSIONS
8 1 Crnm ,l Committees 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 abolished by a
majority vote of the Council
$ 2 Citmen Boards Comm,ac,nna 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 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
83 AWnintments
a Individual City Councilmembers 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 Councilmembers will consider ethmcity,
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
d In an effort to ensure maximum citizen participation, City Councilmembers will
continue the general practice of nominating new citizens to replace board members who have
served three consecutive, fiill terms on the same board
e Each City Councilmember will be responsible for making nominations for board and
commission places assigned to him or her, which may correspond to the City Councilrnember's
place Individual City Councilmembers will make nominations to the full City Council for the
governing body's approval or disapproval
8A Rules of Pmcedi,re Board and Commission members shall comply with the
provisions of Article III of Chapter 2 of the Code of Ordinances Each Board shall be provided a
copy of these rules of procedure and each advisory board shall adopt rules of procedure governing
6 \O r Cowmenca\OiElnencee\O1\COP~ILBPOPCPl Eoc
PAGE 13
the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible
Questions on which the voting requirement is vaned by the Charter, State Statutes and these
rules are listed below
91 Charter and State Stamtary Regnn•ements
a Charter 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 1999, as amended) For a
seven member Council, this means five members must vote affirmatively
b ring Taxeg - F,ve Vntes 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, 1999, as amended)
c Chn>zging Paw ng Assessment Plans Five Votes Changes in plans for paving
assessment require a two-thirds vote of the Council (Section 313 053(e) Transportation Code,
Vernon 1999, as amended)
d Chimes in Zoning Ordinance or 7onmg 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') 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
e Amendment of Tax Abatement Pnhcv The guidelines and cntena 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
(Vernon 1999, as amended)
10 SVVERABILIT-Y CLAUSE
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 junsdiction, 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
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PAGE 14
SFCTInN That Ordinances 74-481 81-35, 90-026, 90-150, 92-115, and 93-073 are
hereby repealed
4FCTInN 3. That this Ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the 1'-tday of 2001
AAZCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY A" -
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PAGE 15
5bm vmm~ul0l`ANb=02WI In Se Mm W4.
20 Lo~
ORDINANCENO 401
AN ORDINANCE AMENDING ORDINANCE 2001-193 TO AMEND SECTION 6 1 OF THE
RULES OF PROCEDURE TO INCREASE THE NUMBER OF COUNCIL APPOINTEES TO
THE AGENDA COMMITTEE, TO CORRECT A REFERENCE TO A STATUTE IN
SECTION 4 2 OF THE ORDINANCE, PROVIDING A SAVINGS CLAUSE, PROVIDING
FOR RETROACTIVE EFFECT, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on the first day of May, 2001, City Council passed Ordinance No 2001-
193, which consolidated the various ordinances amending the Council Rules of Procedure
(Rules) into one ordinance, and
WHEREAS, at their meeting of May 22, 2001 the City Council voted to suspend Section
6 1 of the Rules by expanding the number of Council appointees to the Agenda Committee from
one other member of the City Council to two members and appointed Councilmembers
Burroughs and Redmon to the Committee, and
WHEREAS, the City Council deems it necessary to amend the Rules to incorporate this
increase in the number of Council appointees to the Agenda Committee, and
WHEREAS, Section 4 2 of the ordinance inadvertently contained an incorrect reference
to the Texas Open Meetings Act as Chapter 55 instead of Chapter 551 of the Texas Government
Code, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS
SECTION 1 That Section 6 1 of Ordinance 2001-193 "Agenda" and Section 2-29(a) of
the Code of Ordinances of the City of Denton are hereby amended to read as follows
Section 6.1 (2-29(a)) 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, up to two other members of the City Council selected by the
Council, 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
Councilmember has an "emergency" item that the Councilmember
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
SECTION 22 That Section 42, "Special Meetings" of Ordinance 2001-193, is hereby
amended by correcting the statutory reference to the Texas Open Meetings Act from "Chapter 55
TEX GOV'T CODE ANN, (Vernon's 1999, as amended)" to "Chapter 551 TEX GOV'T
CODE ANN, (Vernon's 1999, as amended) "
SECTION 3 That all previous actions of the City Council to suspend the Rules and
appoint Councilmembers Burroughs and Redmon to the Agenda Committee are hereby ratified
and approved
SECTION 4 That save and except as amended hereby, the remaining paragraphs,
sections and clauses of Ordinance 2001-193 shall remain in full force and effect
SECTION 5 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the ~ day of 2001
r
dJZC. a Go
EULINE BROCK, MAYOR/
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APP'R'OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY
BY /I IVA
ATTORNEY
ORDINANCE NO AX A - V/ 0
AN ORDINANCE AMENDING ORDINANCE NO 2001-193 AND SECTION 2-29 OF THE CITY
CODE RELATING TO RULES OF PROCEDURE FOR TYPES OF MEETINGS AND
PRESENTATIONS BY CITIZENS FOR THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND
DECLARING AN EFFECTIVE DATE
WHEREAS, the Constitution and Laws of the State of Texas, and Section 2 07 of the City
Charter of the City of Denton, Texas, authorize the City Council of said City to promulgate and
establish rules of procedure to govern and conduct meetings, order of business, and decorum, while
acting as a legislative body representing said City, and
WHEREAS, because of its desire to serve the public through the medium of public meetings, it
has become necessary to amend City Council Rules of Procedure to provide for more effective and
efficient meetings, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SRCTiON 1. That Ordinance Number 2001-193 of the Denton City Council Rules of
Procedure, Section 4 1 to 4 3, TYPES OF MEETINGS, and Section 6 (2-29(d)) PRESENTATION BY
CITIZENS as well as Section 2-29, City Council Procedures, Order of Business of the Code of
Ordinances of the City are hereby amended to read as follows
4
41 Regula_Yr Meetings The Council shall meet at 6 30 p in on the first and third Tuesday
of each month, with executive sessions (closed meetings) of the Council commencing at 5 30 p in, 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
42 Sn ciao 1 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 § 551001, et seq (Vemonl999, 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
43 Work-shop Meetings Workshop meetings or work sessions may be held from 4 30
p in to 5 15 p in on the first and third Tuesday of each month, to discuss near to mid range issues
Workshop meetings or work sessions may be held from 5 15 p in to 5 30 p in on the first and third
s \o r me -ta\oraananeea\or\CC MRSORDO] doc
PAGE 1
Tuesday of each month, to answer Council questions concerning consent agenda items Workshop or
Work Sessions may be held from 4 30 p in to 6 30 p in 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 in Section 4 2, above The purpose of the
workshop meeting is to discuss or explore matters of interest to the City, to meet with City Board,
Commission, 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 ses-
sion 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
6 4 (2-29(d)) Presentation by Citizens
a (2-29(d)(i)) Citizen Reports 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 in
Wednesday prior to the Council meeting at which he or she wishes the designated subject to be consi-
dered 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 (2-29(d)(n)) Speaking on Regular and Consent Agenda Items Any person who wishes to
address the Council regarding an item that is on the Council's agenda for a regular or special meeting,
shall complete a "request to speak" form asking to speak regarding the item and return it to the City
Secretary before the Council considers the item 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 The
provisions of this paragraph do not apply to workshop meetings, and a citizen's right to speak and
provide input at those meetings shall be limited and controlled by Section 4 3 "Workshop Meetings" of
this ordinance
c, (2-29(d)(ni)) any person who wishes to address the Council at a public hearing shall
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
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PAGE 2
d (2-29(d)(iv) Any group or organization comprising of ten or more members present in the
City Council Chambers who wishes to address the Council at a public hearing or a non public hearing
agenda shall have a representative address the City Council and shall limit their remarks to ten (10)
minutes or less
6 5 (2-29(e)) Time. T amity Speakers before the Council shall limit their remarks to three (3)
minutes or less for public hearing and non-public hearing items Citizen reports shall be limited to five
(5) minutes or less Groups or organizations comprising of ten or more members shall limit their
remarks in accordance to the parameters established in paragraph 6 4 (2-29(d)(iv)) At the discretion of
the presiding officer or a majority of the City Council, any speaker may be granted a continuance of
time to speak
gRCTTON 3. That save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect
SECTION 4 If any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstances is held invalid 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
SFCTTON 4 That this Ordinance shall become effective immediately upon its passage and
approval a
PASSED AND APPROVED this the in- day of _q~002
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY 90A ~1 I J g, ZJ"
APP VED A TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~Pokc
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PAGE 3