2000-420 NOTE: Amended & consolidated by Ordinance No 2001-193
S \Our Documents\Ordmances\00\Specml Meetings Of Council doc
ORDINANCE NO ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 4 2 OF
ORDINANCE NO 94-183 AS AMENDED, RELATING TO THE RULES OF PROCEDURE
OF THE CITY COUNCIL TO ALLOW THE MAYOR, CITY MANAGER OR THREE
COUNCILMEMBERS TO CALL A SPECIAL MEETING, RATIFYING MEETINGS AND
ACTIONS OF THE MAYOR, CITY MANAGER OR THREE CITY COUNCIL MEMBERS
CALLING A MEETING AT A DIFFERENT LOCATION, AND TO DESGINATE A
LOCATION FOR A SPECIAL CALLED MEETING, PROVIDING A REPEALING CLAUSE,
AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Or&nance No 94-183, Section 4 2 is amended to read as follows
4 2 Speemi Meetm~s. Spemal meetings may be called by the Mayor, the City Manager, or
by any three members of the Cotmefl The call for a special meeting shall be filed with the City
Secretary in written form, and he or she shall post notme thereof as prowded by the Texas Open
Meetings Act, Tex Gov't Code Ann §351 001, et seq (Vernon 1994, as amended) The Mayor,
City Manager, or three of the cotmcfl members may demgnate a location for the special meetmg
as long as the location m open to the pubhc
SECTION 2 All previous meetings and all actions by the Mayor, C~ty Manager or three
members of the council m calhng a meeting at a location other than mty hall are hereby affirmed,
ratffied and approved,
SECTION 3 All ordinances that conflmt with this or&nance, ~ncludang Section III of
Or&nanee No 97-220, are hereby repealed
SECTION 4 That th~s ordinance shall become effective on November 1, 2000
PASSED AND APPROVED th~s the tT~t~t dayof bx[ov'tor~,~er ,2000
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
S \Our Documents\Ordmances\OO\Specml Meetings Of Council doc
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~9~
ORDIN CENO
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 EFFECTWE 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 smd City to promulgate and
establish rules of procedure to govern and conduct meetings, order of business, and decorum, whale
acting as a leg~slatlve body representing smd City, and
WHEREAS, because of its desire to more effectavely 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
,qF, CTIf3NI 1. 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 Sectmn 2-29 of the City Code (Rules 6-2-6-7)are
hereby amended and eonsohdated into one Ordinance known as the Denton City Council Rules of
Procedure to read as follows
1 Al ITI-I'ORITV
1 1 C, hacten Pursuant to the prowsions 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 meetang, a reasonable opportumty 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 mclu&ng the city adrmmstrative staff, news me&a, and visitors
2 GENF, R AT, RI~I,Eg
2 1 Meet,ng~ tn he Pubhe All official meetings of the Council and Council
committees and subcommittees, except closed meetings pertained by the provisions of the Texas
Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vernons Annotated Texas Civil
Statutes 1999 (Vemons), as amended, shall be open to the pubhc
PAGE 1
2 2 Quorum Four members of the Councd shall constitute a quorum for the
transaction of business (Charter, SecUon 2 06)
2 3 C. ompelhng Al'tendanee No member shall be excused fi.om attendance at a
Council meeting except for good and valid reasons
2 4 Mme, onrhmt The Council may punish its own members for misconduct
2 5 Mmnte~ of Meetmg~ An account of all proceechngs of the Council shall be kept
by the City Secretary and shall be entered ~n 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 m
accordance w~th Chapter 552, TEX GOV'T CODE ANN (Vemons 1999), as amended
2 6 Que~hnn~ tn C. nntam One ~qn~ect All questions submitted for a vote shall
contain one subJeCt, except the City Council may approve all items wluch are on the consent
agenda in one motion, regardless of how many subjects are contmned 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 Cotmcdmember If two or more points are
~nvolved, any member may require a d~vmlon, if the question reasonably admits of a division
2 7 R~ght of Floor Any member deslnng to speak shall be recogmzed by the
Chmrperson, and shall confine lus 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 wmlung to speak shall have spoken
2 8 C~ Manager The City Manager, or Acting C~ty Manager, shall attend all
meetings of the Council unless excused He or she may make recommendatmns to the Council and
shall have the right to take part in all discussions of the Council, but shall have no vote (Charter,
Section 5 03 (d))
2 9 C~*y Attorney The City Attomey, or Acting City Attomey, shall be avmlable
upon request for all meettngs of the Council unless excused and shall, upon request, give an
opunon, either written or oral, on questions of law The City Attorney shall act as the Councffs
parhamentanan
2 10 ch~ ~qeeretary The C~ty Secretary, or Acting C~ty Secretary, shall attend all
meetsngs of the Council unless excused, and shall keep the official unnutes and perform such other
duties as may be requested by the Council
2 11 Offle~n and g. mplnyee~ Any officer or employee of the City, when requested by
the City Manager, shall attend any meeting of the Council If requested to do so by the City
Manager, such employee may present information relatung to matters before the Council
PAGE 2
2 12 Rnlea n{' Order These roles govern the proceedings of the Council m all eases,
except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised
shall govern
2 13 ,qn~penmnn of Rnle~q Any prowslon 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 Amendment nf Rule,q These roles may be amended, or new rules adopted by the
affimaatave vote of four members of the Council, provided that the proposed amendments or new
rules shall have been mtroduced before the City Council at a prior Counml meeting
3 1 Cnnneflmemhem
a During Council meetings, Councllmembers shall preserve order and decorum and
shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe
the mles of the Council
b A Councllmember, once recognized, shall not be interrupted wbale speaking unless
called to order by the Mayor or preslchng officer, unless a point of order is raised by another
member or the parhamentanan, or unless the speaker chooses to yield to questions from another
member If a Councllmember is called to order wbale he or she ~s speaking, he or she shall cease
speaking lmmechately untal the question of order is determined If ruled to be in order, he or she
shall be penmtted to proceed If ruled not to be ~n order he or she shall remain silent or shall alter
bas or her remarks so as to comply with rules of the Couned
3 2 Adrmm,qtratlve gtaff
a Members of the Adrmmstratlve staff and employees of the CIty shall observe the
same roles or procedure and decorum applicable to members of the Council, and shall have no
vmce unless and until recogmzed by the Chmr
b While the presiding officer shall have the authority to preserve decorum in
meetings as far as staffmembers and City employees are concerned, the C~ty Manager also shall be
responsible for the orderly conduct and decorum of all City employees under bas or her direction
and control
c The City Manager shall take such d~sclphnary action as may be necessary to insure
that such decorum is preserved at all t~mes by Oty employees in Council meetings
PAGE 3
d All remarks and questaons addressed to the Council shall be addressed to the
Cotmcfl as a whole and not to any ln&wdual member thereof
e No staffmember, other than a staff member having the floor, shall enter into any
discussion either directly or indirectly without permission of the presiding officer
3 3 C~t~ zen~q
a
Citizens and other visitors are welcome to attend all pubhc meetings of the Clty
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 meetmg room Attendees wall refrain from excessively loud private
conversations while the Council is in session
Unauthorized remarks from the audience, stamping of the feet, applauding,
whistles, yells, and similar demonstrations shall not be penmtted
d
Placards, banners, or s~gns will not be permitted In the City Council Chamber or
an 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
Au{hence members may not place their feet on any chirrs in the City Council
Chamber or other room in which the City Council is meeting
f Only City Council members and City staff may step on to the dais
g
All people wishing to address the City Council shall first be recognized by the
premd~ng officer and shall hm~t 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 lndlwdual 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
PAGE 4
the materials
When the t~me has expired for a presentation to the Clty Council, the presiding
officer shall direct the person speaking to cease A second request from the
premdmg officer to cease speaking shall be cause of the removal of the speaker ~f
that person continues to speak
k
Equipment, apparatus, or paraphemaha such as camera tripods, easels, or
wheelehmrs shall not obstruct, block, or otherwise be located m the doorway,
entraneeway, or walkways of the C~ty Council Chambers or of any other room in
which the C~ty Council may choose to meet Representatives of the electromc
med~a may set up cameras and other eqmpment only in the back of the room It is
permissible for telewsmn camera operators to film for short periods oft~me
(several m~nutes) from the entranceway to the C~ty Council Chambers using hand-
held cameras only Any radio station, which broadcasts the regular City Council
meetings live may hook their eqmpment up at the front of the room as long as ~t
remams out of sight and out of the way
There will be a uniformed C~ty of Denton pohce officer present at all regular
meetings of the C~ty Council Th~s police officer shall act In the capacity ora
security officer/sergeant-at-arms, and shall enforce the meeting roles and act upon
the d~rectlon of the pres~dlng officer
m
Any person making personal, impertinent, profane, or slanderous remarks, or who
becomes boisterous while addressing the City Council or who otherwise vmlates
any of the above-mentioned roles while attending a C~ty Council meeting shall be
removed from the room at the d~rect~on of the presiding officer, and the person
shall be barred from further audmnce before the C~ty Council dunng that session
of the C~ty Council If the presiding officer fails to act, any member of the C~ty
Council may move to require the offending person's removal, and the affirmative
vote of a majority of the C~ty Council shall reqmre the presiding officer to act
The sergeant-at-arms, af so d~rected by the presiding officer or an affirmative vote
of the majority of the C~ty Council, shall remove the offending person from the
meeting
3 4 lqnforcement The C~ty Manager, in the absence of a designated law enforcement
officer, shall act as Sergeant-at-Arms for the Council, and shall funush whatever assistance is
needed to enfome the roles of decorum hereto estabhshed
3 5 Seating Arrangement The Clty Secretary, City Manager and C~ty Attorney shall
occupy the respective seats ~n the Council Chamber assigned to them by the Mayor, but any two or
more members of the Council may exchange seats
PAGE 5
4 TYPI~,~q O1~ I~IF~TIN~q
4 1 Re~m~lar Meetings The Council shall meet at slx o'clock p m on the first and
tlurd Tuesday of each month, w~th executive sessions (closed meetmgs) of the Council
commencing at five fifteen o'clock p m, or at any other tnne 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
Mumclpal Bmldmg at 215 East McI~hnney S~'eet, or at such other locataon as the City Council may,
by motion, resolution or ordinance fi'om t~me to time designate
4 2 .qpm, al Meetmg~ Special meetings may be called by the Mayor, the City
Manager, or by any three members of the Councd The call for a special meeting shall be filed wath
the City Secretary m written form, and he or she shall post notice thereof as provided by the Texas
Open Meetings Act, [Chapter 55] TEX GOV'T CODE ANN, (Vemons 1999, as mended) The
Mayor, C~ty Manager, or three of the council members may designate a location for the special
meeting other than the Mumc~pal Bmld~ng as long as the location ~s open to the public
4 3 ~5~.~mlLMe, etm~ Workshop meetings or work sessions may be called using
the same procedure mqmred for special meetings (See Sec 4 2) The purpose of the workshop
meeting ~s to discuss or explore matters of interest to the City, to meet with City Board,
Commission, or Committee Members, C~ty staff or officers of civic orgamzations, govermng
bodies or md~mduals specffically 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 lnrhcates otherwise Citizens or other interested persons attending the work session will not
be allowed to participate in the session unless ~nmted to do so by the Mayor C~tlzens 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 prowdes for final action to be taken on the
matter The purpose of ttus procedure ~s to allow the c~t~zens attending the regular meeting the
opportumty of heanng the views of their fellow citizens in a more formal setting Any citizen may
supply the City Counml a written statement or report regarding the cmzen's oplmon on a matter
being d~scussed m a work session If the Mayor mwtes c~t~zens to participate in a work session,
their partlmpataon will cease at the point the Mayor closes the session to public input to allow the
Council to g~ve C~ty staff direction as to needed information for the possible future meeting w~thout
d~stractmg comment fi'om the audience
4 4 ~:ll~gena7~l~ In case of emergency or urgent pubhc necessity, whmh
shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor,
the C~ty Manager or by three members of the Councd, and it shall be sufficient ff the notme ~s
posted two hours before the meeting ~s convened
4 5 12lo.ed Meetm£~q The Councd may meet ~n a closed meetang pursuant to the
reqmrements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons
1999), as amended
PAGE 6
4 6 R~e.~ed Meet,ngs Any meeting of the Council may be recessed to a later t~me,
pmwded that no recess shall be for a longer period than until the next regular meeting
4 7 ~ The agenda for all meetangs, ~ncludlng Council Committee or
Subcommattee meetings, shall be posted by the C~ty Secretary on the City's official bulletm board
and notice of all meetings shall be g~ven by the City Secretary pursuant to the reqmrements of the
Texas Open Meetmgs Act, Chapter 551, TEX GOV'T CODE ANN (Vernons 1999, as amended )
5 pRF~,~IDINf~ OFFICER ANI~ 1)IITIF.~q
5 1 Prea,dmE Officer The Mayor, or in the absence of the Mayor, the Mayor Pro-
Tern, shall preside as chmrman, or presiding officer at all meetangs of the Council In the absence
of both the Mayor and Mayor Pro-Tem, the Council shall elect a temporary pres~dang officer
(Charter, Sectaon 2 03)
5 2 Call tn Order The meetangs of the Council shall be called to order by the Mayor,
or m h~s or her absence, by the Mayor Pro-Tem In the absence of both the Mayor and the Mayor
Pro-Tern, the meeting shall be called to order by the Caty Secretary, and a temporary premdmg
officer shall be elected as provaded above
5 3 Pre.qervatmn of Order The presldang officer shall preserve order and decorum,
and confine members in debate to the question under d~scussaon The presadmg officer shall call
upon the Sergeant-at-Arms as necessary to enforce comphance wath the rules contmned here~n
5 4 Pmnt~q nf 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 questaon shall be,
"Shall the dec~saon of the presadmg officer be sustmnedg" If a majority of the members present
vote "No", the mhng of the chmr is overruled, otherwise, at is sustmned
5 5 t~e~aus~e~lat~ The premdmg officer shall state all questions subrmtted
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 orthnances and resolutaons
5 6 Snh~tm,tmn fnr Pre~dmg Officer The presadlng officer may call any other
member to take bas or her place in the chmr, such substitution not to continue beyond adjoumment
5 7 Call tar neee~ The presiding officer may call for a recess of up to fifteen (15)
m~nutes at regular intervals of approxamately one hour at appropriate points an the meeting agenda,
or if requested by any two members
PAGE 7
6
ORDER 01~ RI;~INESS (Section 2-29 of the C~ty Code "City Council Procedures;
Order of Business")
6 1 (2-29(a)) Agenda The order of bus~ness of each meeting shall be as contained ~n the
agenda prepared by the C~ty Manager, wluch shall be rewewed and approved by an Agenda
Comnuttee composed of the Mayor, one other member of the C~ty Council selected by the Council,
and the City Manager The agenda shall be a hstmg by topm of subjects to be considered by the
Council When ~tems are removed fi.om the consent agenda and placed on the regular agenda by
members of the Council, the removed ~tems shall be taken up ~n 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, prowded that ~fa Councdmember has an "emergency" ~tem that the Councllmember beheves
should be placed on the next regular or special meeting agenda, the placement must be approved by
two members of the Agenda Conamttee Conduct of bus~ness at special meetings and Council
Committees and subcommittees will hkewlse be governed by an agenda and these Rules of Pro-
cedure
6 2 (2-29(b)) pledge of Allegmnee Each agenda shall prowde an ~tem for the recital of the
"Pledge of Allegmnce" at the regularly scheduled c~ty council meetings Tlus ~tem shall beg~n w~th
the recital of the pledge of allegmnce for the Umted States flag and shall follow with a remtal of the
pledge of allegiance for the Texas state flag ~n accordance w~th article 6139 (b) of Vernons
Annotated Texas C~wl Statutes
6 3 (2-29(c)) Prenentatmna hy Memher~ of Counml The agenda shall pmwde a t~me when
the Mayor or any Counmlmember may bnng before the Counml any business that he or she feels
should be dehberated upon by the Cotmml These matters need not be specffically hsted on the
agenda, but d~scuss~on and formal action on such matters shall be deferred untd a subsequent
Councd meeting Any member may suggest an ~tem for d~scuss~on at a future work session The
C~ty Manager or c~ty staff shall only respond prehm~nanly on this ~tem at the work session If the
C~ty Counml beheves the ~tem reqmres a more detmled review, the Councd wall g~ve the C~ty Man-
ager or C~ty Staff d~rect~on to place the ~tem on a future regular meeting agenda and adwse staff as
to the background materials to be desired at such meeting
6 4 (2-29(d)) Pregentatmn hy (~,t,~eng
a (2-29(d)0)) C.~t, zen R?nrta Any person who wishes to place a subject on the Council
agenda at regular Ctty Council meetings shall adwse the C~ty Manager's office of that fact and the
specffied subject matter winch he or she desires to place on the agenda no later than 5 00 p m
Wednesday prior to the Counml meeting at which he or she wmhes the designated subject to be
considered A ttme for such cmzen reports shall be prowded on the agenda after the pledge of
alleg~ance, approval of the rmnutes, and the presentation of proclamatmns Any speaker prowdlng
a cmzen report shall speak for no longer than five (5) m~nutes on all items that he or she may bnng
before the Council at each meeting, unless the Mayor or the majonty of the Council grants an
extension of time No c~t~zen may fill out a "request to speak" form or have an oppormmty to
PAGE 8
speak or comment on another citizen's r~port wlnch lS g~ven at the same Council meeUng
b (2-29(d)(u)) .qpeakmg on Re_tailor and Con,eot Agenda ltem, Any person who w~shes
to address the Council regarding an 1tern 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 xt
to the Oty Secretary before the Council considers the ~tem The Mayor will call upon the cmzen to
speak for no longer than three (3) minutes as that particular agenda item ~s considered by the City
Council The prowslons of this paragraph do not apply to persons appearing at a public hearing ~n
response to an officml agenda notice or pubhcaUon The provisions of this paragraph also do not
apply to workshop mecUngs, and a mt~zen's right to speak and provide input at those meetings shall
be hm~ted and controlled by Section 4 3 "Workshop Meetings" of tbas orchnance
c (2-29(d)0n)) Any person who wishes to address the Council at a pubhc heanng shall
complete a "request to speak" form and return it to the City Secretary before the apphcable heanng
The Mayor will call upon the cmzen to speak for no longer than five (5) minutes
6 5 (2-29(e)) T, me I am~t,~ Speakers before the Council shall lamt their remarks to five (5)
minutes or less for pubhc heanng ~tems and citizen reports Otlzens spealang to a non-pubhc
hearing agenda item shall hmlt their presentations to three (3) minutes or less
6 6 (2-29(0) Oral Pregentatmng By C, ty Manager Matters requlnng the Council's attention
or action which may have developed after the deadhne for dehvery of the written commumcatlon 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 pmviaons of the Texas Open Meetings Act have
been satisfied
6 7 (2-29(g)) pre~entatmn nf proelamalmns The agenda may provide a t~me for the
presentation of proclamations The Mayor or presiding officer may deliver and present
proclamations upon the request of cmzens Proclamations may encompass any activity or theme
except that proclamations w~th a theme religious or partisan in nature shall not be presented
Moreover, proclamations shall not be used for any commercial or advertising purpose
7 ~,flN~qlDERATION OF ORI~INANCE~q: RE~qf}l JITIflNR: AND MOTION~
7 1 Pnnted or Typewritten Form All ordinances and resolutions shall be presented to
the Council m 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
7 2 C~ty Attorney tn 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 oplmon on the legality of such ordinance, resolution or contract poor to
submission to the Council (Charter. SecUon 6 02)
PAGE 9
7 3 Dlat~hntmn nf Ordmnnee~ and Re~nlntlon~ The City Manager shall prepare
copies of all proposed ordinances and resoluttons for dlstnbutton to all members of the Cotmml at
the meeting at wbaeh the ordinance or resolution is introduced, or at such earlier ttme as is
expedient
7 4 Reo. nrdmg of Vnte~ 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 fo))
7 5 M~nn~y Vote Rex?ired All 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)
7 5 1 Tie-Vote Matters voted on by the City Council wtuch end m a rte-vote shall
automatically be placed on each subsequent Council meeting agenda until a full Council is present
7 6 ~ Upon demand of any member, the roll shall be called for
yeas and nays upon any question before the Council, with the exee. ptmn cfftho~e c~re. nm.qtane, e~ ~et
forth in geo. tmn 7.12: The Prevmn~ Qne.qtmn It shall not be in order for members to explmn their
vote during the roll call
7 7 P_ea:annalP_nml~ The right of a member to address the Cotmml on a question of
personal pmalege shall be limited to cases in wbach bas or her integrity, character, or motives are
assailed, questioned, or impugned
7 8 Dl~o~nt~ and Prr~teRt~ Any member shall have the right to express dissent from or
protest agatnst any ordmance 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 Vntmg lteqmred No member shall be excused from voting except for lack of
information and except on matters revolving the cons~deration of[ns or her own official conduct, or
where bas or her personal ~nterests are involved in accordance with Chapter 171, TEX GOV'T
CODE ANN (Vemons 1999, as mended), and in these instances he or she shall abstmn Any
member probab~ted from voting by personal interest shall announce tins 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
PAGE 10
7 10 Order of Precedence of Motlona
a The following motions shall have priority m the order indicated
1 Adjourn (when unqnallfied) and is not debatable and may not be amended,
2 Take a recess (when privileged),
3 Rinse a questmn of pnwlege,
4 Lay on the table,
5 Previous question (2/3 vote reqmred),
6
7
8
9
L~mit or extend hmlts of debate (2/3 vote required),
Postpone to a certain time,
Comnut or refer,
Amend,
10 Postpone ~ndefimtely,
11 Matn Motion
b The first two motions are not always privileged
character and be a mare motion ~f in any way qualified
when other bus~ness ~s pending
c A motion to adjourn ~s not m order
1
2
3
To adJoUrn shall lose ~ts privilege
To take a recess shall be privileged only
When repeated without lntervemng business or discussion,
When made as an ~ntermptlon of a member while speaking,
While a vote is being taken
d Only certmn motions may be amended as provided in the most current ethtion of
Robert's Rules of Order, rewsed A motion to amend shall be undebatable when the question to be
amended ~s undebatable
7 11 Reconmderatmn A motion to reconsider any action of the Council can be made
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 wath the prevafimg s~de It can be seconded by any member In order to
comply w~th the Texas Open Meetings Act, any Councflmember who washes to make such a
motion at a meeting succeeding the meeting where the action was taken shall notify the City
Manager to place the ~tem for reconstderat~on on the Council agenda No question shall be twace
reconsidered, except by unammous consent of the Council, except that acUon related to any
contract may be reconsidered at any t~me before the final execution thereof A matter winch was
not t~mely reconsidered in the manner provided by tins 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 tins rule is suspended as provided
for m these Rules of Procedure
7 12 The Prev, o..~ Quentin. When the previous question ~s moved and seconded, ~t
shall be put as follows "Shall the mmn question be now putg" There shall then be no further
amendment or debate, exeep, t th,t nnthln~ herein ~hnll nllnw the prevlnn.~ n2~eRtlc~n tn he e. allefl pnnr
tN a le~t nne n.n.nnrhm~ty fnr en~h member nf the C~ounefl tn ~peak on the que~t~nn hefnre the
Cnnnell Ally penchng amendments shall be put m their order before the main question If the
motion for the prcwous question is lost, the mare question remains before the Council An
affirmative vote of 2/3 of the Council shall be reqmred to move the previous question To demand
the previous question ~s equivalent m effect to moving "That debate now cease, and the Council
shall immediately proceed to vote on the pending motion" In practice, tins is done with the phrase
"Call for the question", or simply saying "Question"
7 ! 3 W~thdrawal of Mot,nn~ A motion may be wathdrawn, or mothfied, by its movant
without aslcang penmsslon until the motwn has been stated by the Presiding Officer If the movant
modifies bas or her motion, the seconding eouncflmember may withdraw his or her second After
the quesUon has been stated, the movant shall neither withdraw ~t nor modify ~t wathout the consent
of the Council The subject d~fferent from that under consideration shall be admitted under color of
amendment A motion to amend an amendment shall be m order, but one to amend an amendment
to an amendment shall not be ~n order
7 14 A.r~p. rapnat~on~ of Maney Before formal approval by the Council of motions
prowdmg for appropnaUon of money, mformaUon must be presented to the Coancfi showing
purpose of the appropnal~on In addmon, before finally acting on such an appropriation, the
Council shall obtmn a report from the City Manager as to the avmlabthty of funds and Ins or her
recommendations as to the desirability of the appropriation
7 15 Transfer nf Apprn?atmn~ At the request of the City Manager, at any time
dunng the fiscal year, the Council may by resolution transfer an unencumbered balance of an
appropriation made for the usc of one department, division, or purpose, but no transfer shall be
made of revenues or earmngs of any non-tax supported pubhc utility to any other purpose
PAGE 12
8 CRF,,ATION OF COMMITTF, F,,q: ROARDN AN1) COMMI~ION~
8 1 C. nnna~l C. ommfitees The Council may, as the need arises, anthonze the
appointment of the "ad hoe" Council eomrmttees Any committee so created shall cease to exist
upon the aecomphshment of the special purpose for wbach it was created or when abolished by a
majority vote of the Council
8 2 C.~h~en Rnarcln; O. nmmmmnns; nnd C. nmmltto~ea The Council may create other
Committees, Boards and Commissions to assist ~n the conduct of the operation of the City
government with such duties as the Council may specify not inconsistent w~th the City Charter or
Code Memberstups and selection of members shall be as provided by the Councd if not specified
by the C~ty Charter or Code Any Committee, Board, or Commission so created shall cease to exist
upon the aeeomphshment of the special purpose for wbach 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 Cotmcfl or to the City Manager, except as otherwise spec~iled by the Charter or
Code
8 3 Ap.nmntments
a Individual City Councllmembers makang nominations for members to citizen boards and
commissions will consider interested persons on a cltyw]de baSlS
b The City Councd will make an effort to be inclusive of all segments of the commumty m
the board and commmslon appointment process City Councllmembers will consider ethmcity,
gender, somo-economlc levels, and other factors to ensure a diverse representation of Denton
citizens
c The City Council will take into consideration an individual's qualifications, wdhngness
to serve, and apphcatlon mformatlon m selecting nominations for memberstup to each board and
commission
d In an effort to ensure maximum citizen participation, City Councdmembers will
continue the general practice of nonunatmg new citizens to replace board members who have
served three consecutive, full terms on the same board
e Each City Councllmember wdl be responsible for malang nominations for board and
commission places assigned to lum or her, wluch may correspond to the City Councllmember's
place Individual City Counmlmembers will make nominations to the full City Council for the
govermng body's approval or disapproval
8 4 Rnle~q of Procedure Board and Commission members shall comply with the
prowsions of Artmle III of Chapter 2 of the Code of Ordinances Each Board shall be promded a
copy of these roles of procedure and each advisory board shall adopt roles of procedure govermng
PAGE 13
the operation of its board, lncorporatmg Sections 2, 3, 5, and 7 hereof insofar as is possible
9 ¥11~TE~q 11 I~.QI IIRI?])
Questions on wluch the voting requirement is vaned by the Charter, State Statutes and these
rules are listed below
9 1 Charter and State ,qtala~tnry Reqmrement~
a Charter Amendment - g~ve Vote.q Ordinances submitting proposed Charter
amendments must be adopted by a two-tlurds 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, tlus means five members must vote affirmatively
b l.ev?nE Tagen - F~ve Vnten Ordinances providing for the assessment and collection of
certmn taxes require the approval of two-tlurds of the members of the Council (Section 302 101,
Texas Tax Code) (Vemons, 1999, as amended )
c f2hangmg Pawng A~e~ment Plang - F~ve Vnteg Changes in plans for paving
assessment require a two-tlurds vote of the Council (Section 313 053(e) Transportation Code,
Vernons 1999, as amended )
d
(~hange~ ~n ~nmng Ch'd~nanee or Toning Cla~mfieatmn~q In cases of a written
protest of a change in a zomng regulation or zomng classification by the owners of
twenty (20%) pement or more either of the area of the lots included in such proposed
change, or of the lots immediately adjolmng the same and extendmg two hundred
feet (200') therefrom, such amendment shall not become effectave except by the
favorable vote of three-fourths (3/4) of all members of the City Council, SlX (6) votes
of the City Council is required to ovemde the decision of the Planmng and Zomng
Commission that a zoning change be demed
Amendment of Tax Abatement Pnhey The guldehnes 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 1999, as amended )
10 SEVI~R AIlII,ITV CLAII~E
That if any section, subsection, paragraph, sentence, clause, phrase or word ~n this
ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent junsd~ctlon, such holdmg shall not affect the validity of the remmnmg portions of tlus
ordinance, and the City Councd of the C~ty of Denton, Texas, hereby declares it would have
enacted such remmnmg portions despite any such ~nvalldlty
PAGE 14
SF_,C_TICII~Z That Ordinances 74-48, 81-35, 90-026, 90-150, 92-115, and 93-073 are
hereby repealed
~q~CTTC}N 3_ That this Ordmallce shall become effecUve unmed~ately upon ~ts passage and
approval
PASSED AND APeROVED thls the /~---~X'day of ~ ,2001.
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 15