1999-028 NOTE Amended & consolidated by Ordinance No. 2001-193.
ORDINANCE NO F
AN ORDINANCE AMENDING ORDINANCE NO 98-415 BY CORRECTING THE
DESCRIPTIVE CAPTION OF THE ORDINANCE AND SECTIONS I AND III TO CHANGE
THE REFERENCE TO ORDINANCE NO 96-014 TO 94-183, AS AMENDED, PROVIDING
A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A
PENALTY NOT TO EXCEED $500 00, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Ordinance No 98-415, which amended the Council's Rules of Procedure to
preserve order, decorum, and sectmty during City Counml meetings, needs to be amended due to
an incorrect reference to Ordinance No 96-014, which needs to be changed to Ordinance No 94-
183, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That Ordinance No 98-415 is hereby amended by changing the references
in the caption of the ordinance and Sections I and III from Ordinance No 96-014 to Ordinance
No 94-183, as amended
~ That if any section, subsection, paragraph, sentence, clause, phrase, or
word in this ordinance, or application thereof to any person or circumstance is held invalid by
any court of competent juns&ctlon, such hokhng shall not affect the vahdlty of the remaining
pomons of this ordinance, the City Council of the City of Denton hereby declares that they
would have enacted such remaining portions despite any such invalidity
SECTION III That save and except as amended hereby, all of the sections, clauses, and
phrases of Ordinance No 98-415, as amended shall remain in full force and effect
SECTION IV. That any person violating any provmlon of Ordinance No 98-415, as
amended, shall, upon conviction, be fined a sum not exceeding $500 00 Each day a provision of
this ordinance is molated shall constitute a separate and distinct offense
SECTION V. That fins ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the following descriptive
caption of Ordinance No 98-415, as amended, to be published twice in the Denton Record-
Chronicle, a dmly newspaper published in the City of Denton, Texas, within ten (10) days of the
date of the passage of tins ordinance
AN ORDINANCE AMENDING ORDINANCE NO 94-183, AS AMENDED,
RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL, BY
PROVIDING CERTAIN RULES ESTABLISHING DECORUM, BEHAVIOR,
AND SECURITY REGARDING CITIZENS' BEHAVIOR AND CONDUCT AT
CITY COUNCIL MEETINGS, PROVIDING A SEVERABILITY CLAUSE,
PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT
TO EXCEED $500 00, AND PROVIDING AN EFFECTIVE DATE
~AcK MILDLY, MA~YOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
Page 2
ORD 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 EFFECTIVE DATE
WHEREAS, the Constitution and Laws of the State of Texas, and SecUon 2 07 of the C~ty
Charter of the City of Denton, Texas, anthonze the C,ty Council of smd C~ty to promulgate and
establish roles of procedure to govern and conduct meetings, order of business, and decorum, wlule
acting as a leglslattve body represenUng smd City, and
WHEREAS, because of ,ts desire to more effectively and effic,ently serve the pubhc
through the medmm of public meetings, it has become necessary to amend and consohdate all
amendments of the C~ty Council Rules of Procedure, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDA1NS
~qF. CTION 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 consolidated ~nto one Ord,nance known as the Denton C,ty Counml Rules of
Procedure to read as follows
1 AI ITgIf}RIT¥
1 1 Char~ Pursuant to the provisions of Sect,on 2 07 of the Charter of the C~ty of
Denton, Texas, the City Councd hereby enacts these roles of procedure for all meet,ngs of the C,ty
Councd of the City of Denton, Texas
Dunng any meeUng, a reasonable opportumty shall be g,ven for c,t,zens to be heard under
these roles These Rules of Procedure are enacted as gmdehnes to be followed by all persons m the
Councd Chamber including the city adm~mstrat,ve staff, news medm, and msltors
2 GEN1.R AI. RIIL~q
2 1 Meenng~ tn he Pnhhe All official meetings of the Councd and Cotmc~l
committees and subcommittees, except closed meetings permitted by the prov,slons of the Texas
Open Me,tings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons Annotated Texas Clvd
Statutes 1999 (Vemons), as amended, shall be open to the public
PAGE 1
2 2 Ch. mmm Four members of the Council shall constitute a quorum for the
transaction of business (Charter, Section 2 06)
2 3 Cnrn.neJhng Attendance No member shall be excused from attendance at a
Council meeting except for good and valid reasons
2 4 M~ aeonduct The Counoll may pumsh its own members for misconduct
2 5 Mmuma of Me. etmgs An account of all proceedmgs of the Council shall be kept
by the City Secretary and shall be entered in a book constituting the official record of the Council
A certified agenda shall be prepared for all closed meetings and shall be approved by the Mayor in
accordance with Chapter 552, TEX GOV'T CODE ANN (Vemons 1999), as amended
2 6 Qne~tmn.q to contmn One .qnbject All questions submitted for a vote shall
contam one subject, except the City Council may approve all items Much are on the consent
agenda m one motion, regardless of how many subjects are contmned in the consent agenda, so
long as all items have been properly posted m accordance w~th the Texas Open Meetings Act and
have not been removed from the consent agenda by a Councdmember If two or more points are
involved, any member may require a diwsion, if the question reasonably admits of a divm~on
2 7 R~ght of l*lnnr Any member desmng to speak shall be recogmzed by the
Chmrperson, and shall confine Ins 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 wastung to speak shall have spoken
2 8 C.~ Manager The City Manager, or Acting City Manager, shall attend all
meetings of the Council unless excused He or she may make recommendations to the Council and
shall have,the right to take part in all chscussions of the Council, but shall have no vote (Charter,
Section 5 03 (d))
2 9 C,~ Attorney The Cl~j~ Attomey, or Acting City Attomey, shall be avmlable
upon request for all meetings 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 Council's
parhamentanan
2 10 O.,ty ~qe~exolary The City Secretary, or Acting C~ty Secretary, shall attend all
meetings of the Council unless excused, and shall keep the official minutes and perform such other
duties as may be requested by the Council
2 11 Offieera and F. rnployee~ 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 relating to matters before the Council
PAGE 2
2 12 Rnle.~ nf Order These roles govern the proceedings of the Council in all cases,
except that where these roles are silent, the most recent Edition of Robert's Rules of Order revised
shall govern
2 13 Sl~0mlmm~o~tll~ Any provmlon of these roles not govemed 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
mmutes of the Council
2 14 ~22mldmlmt~f~ul~ These rules may be amended, or new rules adopted by the
affirmative vote of four members of the Cotmcd, promded that the proposed amendments or new
rules shall have been introduced before the City Council at a prior Council meetang
31 C_mlJnmlmemham
a Dunng Councd meetmgs, Councllmembers shall preserve order and decorum and
shall neither by conversation or otherwise delay or interrupt the pmceethngs nor refuse to observe
the roles of the Council
b A Councdmember, once recognized, shall not be interrupted whale speaking unless
called to order by the Mayor or presiding 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 whale he or she is spealong, he or she shall cease
spealong lmmexhately until the question of order is determined If ruled to be m order, he or she
shall be permitted to proceed If ruled not to be in order he or she shall remmn silent or shall alter
his or her remarks so as to comply with rules of the Council
32 ~
a Members of the Adrmmstrative staff and employees of the City shall observe the
same rules or procedure and decorum apphcable to members of the Council, and shall have no
voice unless and untal recogmzed by the Chmr
b Whale the presldmg officer shall have the authority to preserve decorum in
meetmgs as far as staffmembers and City employees are concerned, the City Manager also shall be
responsible for the orderly conduct and decorum of all City employees under has 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
PAGE 3
d All remarks and questions addressed to the Council shall be addressed to the
Council as a whole and not to any mchwdual member thereof
e No staff member, other than a staff member having the floor, shall enter into any
discussion either directly or mchrectly w~thout penmssion of the presiding officer
a ClUzens and other visitors are welcome to attend all public 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 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, applandlng,
whistles, yells, and similar demonstrations shall not be permitted
d Placards, banners, or s,~ns will not be permitted in the City Council Chamber or
in any other room in which the City Council is meeting Exhibits, displays, and
msual rods used in connection with presentations to the City Council, however,
are permitted
e Audience members may not place their feet on any chairs in the City Council
Chamber or other room in which the City Council is meeting
f Only City Council members and City staffmay step on to the dais
g All people wishing to address the City Council shall first be recognized by the
presiding officer and shall hmlt their remarks to the matter under discussion
h All remarks and questions addressed to the City Council shall be addressed to the
Ctty 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
PAGE 4
the materials
When the time has expired for a presentation to the City Council, the presiding
officer shall d~rect the person spealang to cease A second request fi.om the
presiding officer to cease speaking shall be cause of the removal of the speaker if
that person continues to speak
k Eqmpment, apparatus, or paraphemalm such as camera tripods, easels, or
wheelchmrs shall not obstruct, block, or otherwise be located in the doorway,
entranceway, or walkways of the City Council Chambers or of any other room in
which the City Council may choose to meet Representatives of the electronic
media may set up cameras and other equipment only in the back of the room It is
permissible for television camera operators to film for short periods of time
(several minutes) fi.om 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 s~ght and out of the way
There will be a uniformed City of Denton police officer present at all regular
meetings of the C~ty Council This pohce officer shall act m the capacity ora
security officer/sergeant-at-arms, and shall enfome the meeting rules and act upon
the d~rect~on of the presiding officer
m Any person making personal, impertinent, profane, or slanderous remarks, or who
becomes boisterous whale addressing the City Council or who otherwme wolates
any of the above-mentioned rules while attending a City Council meeting shall be
removed fi.om the room at the direction of the presiding officer, and the person
shall be barred fi.om further audience before the C~ty Council dtmng that session
of the City Council If the presiding officer fads to act, any member of the City
Council may move to reqmre 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, ff so d~rected by the presiding officer or an affirmative vote
of the majority of the City Council, shall remove the offending person from the
meeting
3 4 ~nforeement The City Manager, ~n the absence of a des~guated law enforcement
officer, shall act as Sergeant-at-Areas for the Councd, and shall funush whatever assistance is
needed to enforce the rules of decorum herein estabhshed
3 5 Seating Arrangement The C~ty 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
PAGE 5
4 1 Regular_Meelmgs The Council shall meet at mx o'clock p m on the first and
tlurd TueSday of each month, w~th executive sesmons (closed meetangs) of the Council
commencing at five fifieen o'clock p m, or at any other tune set by the Council, unless the meetmg
~s postponed or cancelled for vahd reasons All regular meetings of the Council will be held m the
Mumclpal Bmldmg at 215 East McI~hnney Street, or at such other location as the C~ty Council may,
by motion, resolution or ordinance fi.om t~me to time designate
4 2 SOe, mal_Meetmgs Special meettngs may be called by the Mayor, the C~ty
Manager, or by any three members of the Collncll The call for a special meeting shall be filed wath
the C~ty Secretary xn written form, and he or she shall post notaee thereof as prowded by the Texas
Open Meetings Act, [Chapter 55] TEX GOV'T CODE ANN, (Vemons 1999, as mended) The
Mayor, Cxty Manager, or three of the council members may designate a location for the specml
meeting other than the Mummpal Building as long as the location ~s open to the pubhc
4 3 Workshop Meet,ng~ Workshop meetings or work sessions may be called using
the same procedure reqmred for specml meetings (See Sec 4 2) The purpose of the workshop
meeting xs to d~scuss or explore matters of ~nterest to the Cxty, to meet w~th Cxty Board,
Commission, or Commmee Members, Cxty staff or officers of CXVlC orgamzations, govermng
borhes or lfldlvlduals specifically ~nwted to the session by the Mayor, CoUucll or C~ty Manager
These meetings are reformational and normally, no final action shall be taken unless the posted
agenda lndmates otherwise C~t~zens or other interested persons attending the work session will not
be allowed to participate ~n the session unless ~nwted to do so by the Mayor C~tizens should be
adwsed of the nature of the work session and that their ~nput may be received and considered at a
regularly scheduled council meetmg where the agenda pmwdes for final action to be taken on the
matter The purpose of flus procedure ~s to allow the c~t~zens attending the regular meeting the
opportumty ofheanng the wews of their fellow citizens ~n a more formal setting Any c~tizen may
supply the C~ty Council a written statement or report regarthng the c~tizen's op~mon on a matter
bemg d~scussed m a work session If the Mayor mwtes c~t~zens to participate ~n a work session,
their partm~pation will cease at the point the Mayor closes the session to pubhc ~nput to allow the
Council to g~ve C~ty staff d~rection as to needed information for the possible future meeting w~thout
d~stractmg comment fi.om the audience
4 4 Em~r~l~y~fl~llll~ In case of emergency or urgent pubhc necessity, wluch
shall be expressed m the not,ce of the meeting, an emergency meeting may be called by the Mayor,
the C~ty Manager or by three members of the Council, and it shall be sufficient ~f the notice ~s
posted two hours before the meotlng m convened
4 5 Closed Meetings The Council may meet ~n a closed meeting pursuant to the
requirements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons
1999), as amended
PAGE 6
4 6 Recovered Meetmg~q Any meeting of the Council may be recessed to a later tame,
provided that no recess shall be for a longer period than until the next regular meeting
4 7 ]~t~.axlf3t~tla~ 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 g~ven by the City Secretary pursuant to the requirements of the
Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons 1999, as amended )
5 PIIE~qlDING f}g'iq'IC, iq'.R AND DIITIF.~q
5 1 Premdmg Officer The Mayor, or in the absence of the Mayor, the Mayor Pro-
Tern, shall preside as chairman, or presiding officer at all meetangs of the Council In the absence
of both the Mayor and Mayor Pro-Tom, the Council shall elect a temporary pres~ding officer
(Charter, Section 2 03)
5 2 Call to Order The meetings of the Council shall be called to order by the Mayor,
or in bas or her absence, by the Mayor Pm-Tem In the absence of both the Mayor and the Mayor
Pro-Tern, the mectmg shall be called to order by the City Secretary, and a temporary presiding
officer shall be elected as provided above
5 3 Pre~qervalmn 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 comphance wzth the rules contained herem
5 4 Pomtg of Order The presiding officer shall determme 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 sustained9" If a majority of the members present
vote "No", the ruling of the chmr is overruled, otherwise, it is sustmned
5 5 l~alaall~l~a~al~ The premdmg officer shall state all questaons submitted
for a vote and announce the result A roll call vote shall be taken upon the request of any member,
and upon the passage of all ordinances and resolutions
5 6 Snknt~tnhon for Pre~dlng Officer The presiding officer may call any other
member to take Ins or her place in the chmr, such substitution not to continue beyond adjournment
5 7 Call for Receas 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
PAGE 7
6 Ol~l~gl~ fig I~ILqlNE. SS (Section 2-29 of the C~ty Code "City Council Procedures;
Order of Business")
6 1 (2-29(a)) AEen't" The order of business of each meeting shall be as contained in the
agenda prepared by the C~ty Manager, which shall bc rewewed and approved by an Agenda
Commmee composed of the Mayor, one other member of the City Council selected by the Council,
and the C~ty Manager The agenda shall be a hstmg by topm of subjects to be considered by the
Council When ~tems are removed from the consent agenda and placed on the regular agenda by
members of the Council, the removed items shall be taken up ~n the order of removal nght after the
consent agenda Placement of ~tems on the agenda shall be governed by flus Section and Section
6 3, prowded that if a Councllmember has an "emergency" item that the Councllmember beheves
should be placed on the next regular or specml meeting agenda, the placement must be approved by
two members of the Agenda Committee Conduct of business at special meetmgs and Council
Committees and subcommittees wall hkew~se be governed by an agenda and these Rules of Pro-
cedure
6 2 (2-29Co)) ~tge~[~lle~m~ Each agenda shall prowde an ~tem for the recital of the
"Pledge of Allegiance" at the regularly scheduled c~ty council meetings Ttus ~tem shall begin w~th
the recital of the pledge of allegiance for the United States flag and shall follow w~th a recital of the
pledge of allegiance for the Texas state flag ~n accordance with artmle 6139 (b) of Vemons
Annotated Texas Clwl Statutes
6 3 (2-29(c)) Pre~qenta/mn~ by Memher~ of Connctl The agenda shall promde a time when
the Mayor or any Counmlmember may bnng before the Council any business that he or she feels
should be deliberated upon by the Council These matters need not be specifically hsted on the
agenda, but (hscuss~on and formal action on such matters shall be deferred until a subsequent
Council meeting Any member may suggest an ~tem for d~scuss~on at a future work session The
C~ty Manager or city staff shall only respond preliminarily on tlus item at the work session If the
City Council beheves the ~tem reqmms a more detmled rewew, the Council will g~ve the C~ty Man-
ager or C~ty Staff rhrect~on 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)) ~
a (2-29(d)0)) C~t~zen Report~ Any person who wishes to place a subject on the Council
agenda at regular C~ty Council meetmgs shall advise the C~ty Manager's office of that fact and the
specffied subJeCt matter which he or she desires to place on the agenda no later than 5 00 p m
Wednesday poor to the Council meeting at wluch he or she wishes the designated subject to be
considered A t~me for such c~t~zen reports shall be provided on the agenda after the pledge of
allegiance, approval of the m~nutes, and the presentation of proclamations Any speaker prowd~ng
a mtlzen report shall speak for no longer than five (5) minutes on all Items that he or she may bnng
before the Council at each meeting, unless the Mayor or the majority of the Council grants an
extension of t~me No citizen may fill out a "request to speak" form or have an opportumty to
PAGE 8
speak or comment on another c~tlzen's report which is given at the same Council meeting
b (2-29(d)(u)) Speaking nn Re_miler and Cnn~ent A~enda ltem~ Any person who w~shes
to address the Council regarding an ~tem that ~s on the Council's agenda for a regular or special
meeting, shall complete a "request to speak" form asking to speak regarding the ~tem and return it
to the City Secretary before the Council considers the item The Mayor will call upon the CltlZen to
speak for no longer than three (3) n'nnutes as that parttcular agenda ~tem is conmdered by the City
Counml The provisions oftlus paragraph do not apply to persons appearing at a pubhc hearing m
response to an official agenda notme or pubhcataon The prowslons of flus paragraph also do not
apply to workshop meetings, and a citizen's right to speak and prowde Input at those meetings shall
be hm~ted and controlled by Section 4 3 "Workshop Meetings" oftlus ordinance
c (2-29(d)(n0) Any person who w~shes to address the Council at a pubhc heanng shall
complete a "request to speak" form and return ~t to the C~ty Secretary before the applicable heanng
The Mayor will call upon the c~t~zen to speak for no longer than five (5) m~nutes
6 5 (2-29(0) T~me l,~m~ts Speakers before the Council shall hm~t their remarks to five (5)
minutes or less for public heanng items and c~t~zen reports C~t~zens speaking to a non-pubhc
hearing agenda item shall hm~t their presentations to three (3) minutes or less
6 6 (2-29(0) Oral pre~entatmn,~ by C,~ Manager Matters requmng the Council's attention
or action wbach may have developed after the deadhne for delivery of the written commumcatlon to
the Councll may be presented orally by the C~ty Manager If formal Council action on a subject ~s
reqmred, such action may be taken only if the prowslons of the Texas Open Meetings Act have
been satisfied
6 7 (2-29(g)) Pre~entatmn nf Prnelamatmn~q Thc agenda may provide a time for the
presentation of proclamations The Mayor or premd~ng officer may dehver and present
proclamations upon the request of citizens Proclamations may encompass any activity or theme
except that proclamations with a theme religious or pamsan in nature shall not be presented
Moreover, proclamations shall not be used for any commercial or advertising purpose
7 f~IN~II)ERATION OF ORFIINANCF~: RE~OI,IITION~. AND MOTION~
7 1 Punted ar Typevantten Form All ordinances and resolutions shall be presented to
the Couned m printed or typewritten form The Council may, by proper motion, amend any
ordinance or resolution presented to ~t and direct that the amended ordinance be placed on the next
Council Agenda for adoptmn
7 2 12~ Attorney to Approve All ordinances, resolutions, and contracts and
amendments thereto, shall be approved as to form and legality by the C~ty Attorney, or he or she
shall file a written oplmon on the legality of such ordinance, resolution or contract prior to
submission to the Council (Charter, Section 6 02)
PAGE 9
7 3 Dmln'~hnBnn nf (3rdmancea and Re,~nlutmna The C~ty M~ager sh~l pr~e
cop~es of all proposed ordinates ~d r~olut~ons for dmmbution to ~1 membe~ of ~e Co.cfi at
· e meeang at w~ch the or&n~ee or resolutmn is m~oduc~, or at such e~her ~me ~ ~s
expe~t
7 4 Rean~mE nf Vntea ~e yeas ~d nays shall be t~ upon the p~sage of all
or~n~ees ~d resolu~ons ~d the vote ofe~h member shall be record~ m ~e minutes (Ch~,
Sec~on 2 06 ~))
7 5 ~ ~ affi~ative vote of fo~ (4) m~bers ~s necess~ to
r~eal ~y or~ee or t~e ~y o~eml actmn m ~e n~e of ~e Cl~ exert ~ o~e~lse
promd~ ~n ~e Ch~ or by ~e laws of~e State of Tex~ (Ch~, Seetmn 2 06)
7 5 1 T~-Vnte Ma~e~ vot~ on by the C1W Co.cH w~ch end ~n a t~e-vote shall
automat~e~ly be plied on e~h subs~u~t Co~cfl meeting agenda ~tll a ~11 Co~cfl ~s present
7 6 Demand Fnr Rnll Call Upon dem~d of ~y memb~, ~e roll sh~l be c~led for
yeas ~d nays upon ~y question before the Co.ell, w~th the exeeptmn nfthn~e e~renm~tanae~ ~et
gn~h m ~ee~nn 7.12: The Premoua Qnentmn It shall not be ~n ord~ for members to explmn ~e~r
vote dmng ~e roll call
7 7 P~aonal Pnwlege The n~t ofa mmber to ad&ess ~e Counml on a question of
pmon~ privilege sh~l be bm~ted to cases m wMch Ms or her ;nte~W, ch~act~, or motives ~e
ass~led, questioned, or imputed
7 8 Dmnenta and Prnte~ta ~y member shall have the n~t to express dissent ~om or
protest ag~t ~y ordinate or resolution of ~e Co~ml ~d have the re.on therefore ~t~
upon ~e minutes Such d~ssent or protest may be filed ~n ~tlng, ~d presented to the Co.ell not
lat~ ~ ~e next re~l~ meeting following the date of passage of the ord~nmce or resolution
obj~ted m
7 9 ~ No mmber sh~l be excused ~om young exert for lack of
~nfomat~on ~d except on ma~ mvolwng the conmderat~on ofhs or her om officml conduct, or
where hs or h~ p~son~ ~nterests ~e ~nvolved m accord~ce w~th Chapter 171, TEX ~V'T
CODE ~ ~mons 1999, ~ mended), ~d ~n these ~nst~ces he or she sh~l abstmn ~y
memb~ pro~b~ted ~om voting by p~on~ ~nterest sh~l ~o~ce ~s at the co--encyst of
cons~deraaon of the maker ~d sh~l not enter ~nto d~scuss~on or debate on ~y such ma~ ~d
shall leav~ ~e mee~ng room The m~ber hawng briefly stated ~e re.on for ~s or her request,
· e excuse ~om voting sh~l be made ~out debate
PAGE 10
7 [0 Order nfPrenedenee nfMnhnn~
a The following moUons shall have pnonty m the order lmhcated
I Adjourn (when tmquahfied) and is not debatable and may not be amended,
2 Take a recess (when pnvfleged),
3 Rinse a questmn of privilege,
4 Lay on the table,
5 Previous question (2/3 vote reqmred),
6 Limit or extend limits of debate (2/3 vote reqmred),
7 Postpone to a cert0an time,
8 Cormmt or refer,
9 Amend,
10 Postpone indefinitely,
11 Main Motion
b The first two motions are not always privileged To ad3oum shall lose its privilege
character and be a mare motion if m any way qualified To take a recess shall be privileged only
other bumness is pending
c A motion to adjourn is not in order
1 When repeated without lntervemng business or discussion,
2 When made as an mtermptlon of a member while speaking,
3 Wlule a vote is being taken
d Only certmn motions may be amended as provided in the most current edition of
Robert's Rules of Orcler, revised A motion to amend shall be undebatable when the question to be
amended l~ undebatable
7 11 Rer'~n~cleralmn A motaon 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 with the prevmlmg side It can be seconded by any member In order to
comply with the Texas Open Meetings Act, any Counmlmember who wishes to make such a
motion at a meeting succeedmg the meeting where the act:on was taken shall notify the City
Manager t9 place the item for reconslderat~on on the Council agenda No question shall be twine
reconsidered, except by unammous consent of the Council, except that action related to any
contxact maY be reconsidered at any tnne before the final execution thereof A matter wtuch was
not tLmely~reeonsldered m the manner prowded by ttus section or was reconsidered but the actaon
originally taken was not changed by the Council cannot be reintroduced to the Council or placed on
a Council meetmg agenda for a period of six (6) months unless th~s role is suspended as prowded
for in these Rules of Procedure
7 12 ~ When the previous question is moved and seconded, it
shall be put as follows "Shall the mom question be now put*" There shall then be no further
amendment or debate, except that nothing herein ~hnll allow the prevmu~q oj~e~tmn tn he called pnnr
to a lea~t one nppnrtnmty for each member of the (2anneal tn speak nn the n21e~tmn Before the
Cnlmml Any pendmg mnendments shall be put m their order before the mmn question If the
motion for the previous question m lost, the mmn 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 is equivalent in effect to moving "That debate now cease, and the Council
shall lmm¢chately proceed to vote on the penchng mouon" In practice, tins is done with the phrase
"Call for the question", or simply saying "Question"
7 13 Withdrawal nf Mntmn~ A motion may be withdrawn, or modified, by its movant
without asl~ng permission until the motaon has been stated by the Presldmg Officer If the movant
modifies Ms or her motion, the seconchng councflmember may withdraw lus or her second At, er
the question has been stated, the movant shall neither withdraw it nor modify it without the consent
of the Councd The subject chfferent fi.om that under consideration shall be adnutted under color of
amendmer~t A motion to amend an amendment shall be in order, but one to amend an amendment
to an amendment shall not be m order
7 14 Appropnat, on.q of Money Before formal approval by the Council of motions
promchng for appropriation of money, information must be presented to the Council shownng
purpose of the appropriation In addition, before finally acting on such an appropriation, the
Council shall obtmn a report fi.om the City Manager as to the avmlablhty of funds and Ms or her
recommer~dations as to the desirability of the appropriation
7 15 Transfer of AppropnatlonR At the request of the C~ty Manager, at any time
dunng the fiscal year, the Council may by resolutmn 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 earmngs of any non-tax supported public utility to any other purpose
PAGE 12
8 CREATION Oi~ I~.OMMITT~: ROARD~ AND
8 1 ~ ~e Co.cfi may, ~ ~e need roses, au~onze ~e
appomment of~e "ad hoc" Co.cfi coffees ~y co~mee so created sh~l cease to exmt
upon ~e accomphs~ent of ~e sp~ p~ose for w~ch at w~ creat~ or when abohshed by a
majon~ vote of~e Comcfl
8 2 C~t~zen ~nardn: Cnmmmamn% and Cnmm~eea ~e Co.oil may create o~er
Commees, Bo~ ~d Com~ss~ons to ~slst ~n ~e conduct of ~e op~at~on of ~e
govment w~ such duaes ~ ~e Co.cfi may spec~ not ~nconsmtent ~ the Cl~ Cheer or
Code Mmb~ps ~d sel~t~on of members sh~l be ~ prowded by
by ~e C~ Cheer or Code ~y Co~mee, Bo~d, or Co~lssmn so created sh~l cede to ex~st
upon ~e a~omphs~ent of ~e ~lal p~ose for w~ch ~t w~ create, or wh~ abohshed by a
majon~ of ~e vote of ~e Co~cll No Co~ee so appomted shall have powers o~
adwso~ to ~e Co.cfi or to the C~W M~ager, exc~t as oth~se specffied by ~e Cheer or
Code
8 3 Appn~n~ent~
a Ind~mdual Cl~ Councl~mb~ m~ng nom~natmns for mmb~s to c~t~zen bo~ds ~d
co~sslons wall consider mterest~ pemons on a cl~de b~ls
b ~e C~ff Co~ml roll m~e ~ effo~ m be ~nclus~ve of all se~ents of~e co~ ~n
· e bo~d ~d co~ss~on appmnm~t process C~ Co~m~mbers wall consider
gender, soc~o-econom~c levels, ~d other factom to ~s~e a d~veme r~resentatlon of Denton
CltlZeBs
c ~o C~ Co.cfi w~ll t~e ~nto cons~d~m~on m ~ndlvldual's quahficat~ons, w~lhn~ess
to se~e, ~d apphca~on ~nfomat~on m selecting nomlnat~o~ for mmbe~p to e~h bo~d ~d
co~sslon
d ~ ~ effo~ to ensure m~m~ c~zen p~c~pat~on, C~ Co~c~emb~s will
continue the genial prithee of no.hating new c~t~z~s to r~lace bo~d membe~ who have
se~ed ~ee cons~ut~ve, ~11 terns on ~e sine bo~d
e Each C~ Co~c~emb~ will be responsible for m~ng nomma~om for bo~d ~d
CO~lSS~On places ~s~ed m h~m or her, whmh may mffespond to the Cl~ Councl~ember's
place hdlwdual C~ Co~m~emb~s will m~e nominations to ~e hll C~ Co~cll for ~e
govemng body's approv~ or disapproval
8 4 ~ Bo~d ~d Co~ssmn members shall comply w~ the
prows~ons of ~cle III of Chapter 2 of ~e Code of ~d~n~ces Each Bo~d sh~l be prowded a
copy of ~ese roles of proced~e ~d each adwsoff bo~d shall adopt roles of proced~e govemng
PAGE 13
the operation of its board, ~ncorporatlng Sections 2, 3, 5, and 7 hereof insofar as ~s possible
9 VOT~.q RF. QI IIR~I}
Questions on wluch the voting reqmrement is vaned by the Charter, State Statutes and these
mles are listed below
9 1 Charter and .qtate~ .qtah~tc~ry Reqlllre~ment~
a Charter Amendment - l~ve Vnte~ 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 mended ) For a
seven member Council, tlus means five members must vote affirmatively
b l.ev3n, ng Tnxe~ - F~ve Vnte~ Ordinances prowd~ng for the assessment and collection of
certatn taxes require the approval of two-tlurds of the members of the Council (Section 302 101,
Texas Tax Code) (Vernons, 1999, as amended )
c Changm_.o Pa'rang A~e~ment Plan~ - Five Vnte~ Changes in plans for paving
assessment require a two-tlurds vote of the Council (Section 313 053(0 Transportation Code,
Vemons 1999, as amended )
d C. hange~q ,n 7.onmg Ch'dmanee ar 7.onmg Cla~q~q,fieatmn.~ In cases of a written
protest of a change in a zoning regulation or zoning classfficat~on by the owners of
twenty (20%) percent or more either of the area of the lots ~ncluded in such proposed
change, or of the lots immediately adjmmng 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 C~ty Council, six (6) votes
of the City Council is reqmred to ovemde the decision of the Planmng and Zomng
Commission that a zoning change be demed
e Amendment of Tax Abatement Palmy The gmdehnes 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¢)) Texas Tax Code
(Vemons 1999, as amended )
10 SF,'¥1?,R A lIlT ,IT¥ CT,ATI'SF,
That if any section, subsection, paragraph, sentence, clause, phrase or word in tins
ordinance, or apphcatlon thereof to any person or c~rcumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remalmng portions of tlus
ordinance, and the City Council of the C~ty of Denton, Texas, hereby declares it would have
enacted such remmmng pomons despite any such ~nvahdlty
PAGE 14
.q~CTIONI 9_ That Ordinances 74-48, 81-35, 90-026, 90-150, 92-115, and 93-073 are
hereby repealed
,ql~C~.TIONI 3. That this Ordinance shall become effective nnmed~ately upon its passage and
approval
PASSED AND APPROVED tlms the/~--~day of ~(ff~ , 2001.
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 15