ORD 1999-33Fill III III, wii IMU
2001-12
07/02/2001
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 199933
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ADOPTING A TOWN COUNCIL PROCEDURES POLICY FOR THE
TOWN COUNCIL OF TROPHY CLUB; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES OF
THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas is empowered under §51.001 of
the Texas Local Government Code to adopt an ordinance or nrle that is for the good
government of the Town;
WHEREAS, it is in the best interest of the Town of Trophy Club, Texas to adopt
a Town Council procedures policy for the Trophy Club Town Coluicil.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
ADOPTION OF TOWN COUNCIL PROCEDURES POLICY
That the Town Council procedures policy attached hereto as Exhibit "A' and
incorporated herein for all intents and purposes is hereby adopted as the Town Council
procedures policy for the Trophy Club Town Council; and
SECTION 2.
CUMULATIVE, REPEALER CLAUSE
That this Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of said Ordinances except those instances where there are
direct conflicts with the provisions of this Ordinance.
SECTION 3.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in fall force and effect.
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SECTION 4.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption, Publication Clause and Effective
Date clause in the minutes of the Town Council of the Town of Trophy Club and by
filing this Ordinance in the Ordinance records of the Town.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law.
AND IT IS SO ORDAINED
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 21 st day of December, 1999.
%:4
Mayor, TowWnof Trophy Club, Texas
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM;
Town Attoniey,
Town of Trophy Club, Texas
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EXHIBIT "A"
RULES OF PROCEDURE
1. AUTHORITY
1.1 Ordinance: As stated in Ordinance number 1999-33 passed and approved on
the 21St day of December 1999.
2. GENERAL RULES
2.1 Meetings to be Public: All official meetings of the Town Council and all
sessions of a Committee of the Town Council shall be public.
2.2 Quorum: Three members of the Town Council shall constitute a quorum.
2.3 Compelling Attendance: Should a member of the Town Council absent
himself/herself from three regular sessions in a given year May 1 through April
30 without leave of absence approved by the Town Council, except in case of
sickness or work conflict, the Town Council shall have the power to declare
such position vacant.
2.4 Misconduct: The Town Council may punish its own members for misconduct.
2.5 Minutes of Town Council Meetings: An account of all proceedings of the Town
Council shall be kept by the Town Secretary and shall be entered into a book
constituting the official record of the Town Council.
2.6 Questions to Contain One Subiect: All questions submitted for a vote shall
contain only one subject. If two or more points are involved, any member may
require a division, if the question reasonably admits of a division.
2.7 Right to Floor: Any Town Council member desiring to speak shall be
recognized by the Chairman/Mayor. No member shall be allowed to speak
more than once on any one subject until every member wishing to speak shall
have spoken.
2.8 Town Manager: The Town Manager, or Acting Town Manager, shall attend all
meetings of the Town Council unless excused. Town Council members may
make recommendations to the Town Council and shall have the right to take
part in all discussions of the Town Council, but shall have no vote.
2.9 Town Attorney: The Town Attorney, or Acting Town Attorney, shall attend all
meetings of the Town Council unless excused and shall, upon request, give an
opinion, either written or oral, on questions of law. The Town Attorney shall act
as the Town Council's parliamentarian.
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2.10 Town Secretary: The Town Secretary, or Acting Town Secretary, shall attend
all meetings of the Town Council unless excused, and shall keep the official
minutes and perform such other duties as may be requested of him/her by the
Town Council.
2.11 Officers and Employees: Any officer or employee of the Town; when requested
by the Town Manager, shall attend any meeting of the Town Council. If
requested to do so by the Town Manager, they may present information relating
to matters before the Town Council.
2.12 Rules of Order: Robert's Rules of Order Newly Revised shall govern the
proceedings of the Town Council.
2.13 Suspension of Rules: Any provision of these rules may be temporarily
suspended by a two-thirds vote of all members of the Town Council. The vote
on any such suspension shall be taken by a show of hands and entered into the
record.
2.14 Amendment to Rules: These rules may be amended, or new rules adopted by
a majority vote of all members of the Town Council in attendance, provided that
the proposed amendments or new rules shall have been introduced into the
record at a prior Town Council meeting.
3. TYPES OF MEETINGS
3.1 Regular Meetings: The Town Council shall meet in the Council/Board Room at
the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas
on the first and third Tuesday of each month to be scheduled for 7:30 p.m.
o'clock, unless otherwise officially changed by the Town Council. At 11:00 p.m.
a record vote shall be taken to determine if the meeting shall continue past
11:00 P.M.
3.2 Special Meetings: Special meetings may be called by the Mayor or by any
three members of the Town Council. The call for a special meeting shall be filed
with the Town Secretary in written form, except that announcement of a special
meeting, during any regular meeting at which all members are present, shall be
sufficient notice of such special meeting. The call for a special meeting shall
specify the day and the hour of the special meeting, and shall list the subject or
subjects to be considered. No special meeting shall be held until at least 72
hours after the call is issued. Only such business may be transacted at a
special meeting as may be listed in the call for said meeting or as incident
thereto.
3.3 Emergency Meeting: In case of emergency or urgent public necessity, which
shall be expressed in notice of the meeting, an emergency meeting shall be
called by the Chairman/Mayor or on the application of three (3) members of the
Town Council, and it shall be sufficient if the notice is posted two (2) hours
before the meeting is convened.
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3.4 Recessed Meetings: Any meeting of the Town Council may be recessed to a
later time, provided that no recess shall be for a longer period than until the
next regular meeting.
3.5 Public Hearings: All meetings shall be held in full compliance with the
provisions of state law and ordinances of the Town. Any party in interest may
appear in his/her own behalf or be represented by counsel or agent.
The Town Secretary shall set public hearing dates for the Town Council as
requested, be responsible for timely advertising in the official newspaper, and
notify interested parties according to requirements of the Town Council.
4, CHAIRMAN AND DUTIES
4.1 Chairman: The Mayor, if present, shall preside as Chairman at all meetings of
the Town Council. In the absence of the Mayor, the Mayor Pro -Tem shall
preside. In the absence of both the Mayor and the Mayor Pro -Tem, the Town
Council shall elect a chairman.
4.2 Call to Order: The meetings of the Town Council shall be called to order by the
Mayor, or in his 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
Town Secretary.
4.3 Preservation of Order: The Chairman shall preserve order and decorum,
prevent personalities from becoming involved in debate and confine members
in debate to the question under discussion.
4.4 Points of Order: The Chairman shall determine all points of order, subject to
the right of any member to appeal to the Town Council. If any appeal is taken,
the question shall be, "Shall the decision of the Chairman be sustained?" If a
majority of the members present vote "no", the ruling of the chair is overruled;
otherwise it is sustained.
4.5 Questions to be Stated: The Chairman shall state all questions submitted for a
vote and announce the result. The announcement of the result will include the
number of votes for, number of votes against and abstentions, or state if
unanimous.
4.6 Substitution of Chairman: The Chairman may call any other member to take
his place in the chair, such substitution not to continue beyond adjournment.
5. ORDER OF BUSINESS
5.1 Agenda: The order of business of each meeting shall be as contained in the
Agenda prepared by the Mayor. The agenda shall be a listing of topics to be
considered by the Town Council and delivered to members of the Town Council
each Friday preceding the Tuesday meeting to which it pertains.
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5.2 Presentations by Members of Town Council: The agenda shall provide a time
when the Mayor or any Town Council member may bring before the Town
Council any business that the Town Council member believes should be
deliberated upon by the Town Council. These matters need not be specifically
listed on the agenda, but formal action on such matters shall be deferred until a
subsequent Town Council meeting. Immediate action may be taken upon a
vote of two-thirds of all members of the Town Council who are present,
provided that the requirements of Chapter 551 Texas Government Code have
been met.
5.3 Agenda -Dead line: Any Town Council member or Committee Chairperson
desiring to present a subject for the Town Council's consideration shall advise
the Town Secretary's office in writing of that fact not later than 12:00 noon on
Monday, (8 days prior) to the meeting at which the Town Council member
wishes the subject to be considered.
5.4 Presentations bV Citizens: Presentations by citizens, with or without prior
notification, shall be limited to three minutes, allowing discretion of the chair to
reasonably extend those limits. Citizens must turn in a completed "Request to
Speak" form to the Town Secretary.
Presentations by representative(s) of organized groups, with or without prior
notification, shall be limited to three minutes, allowing discretion of the Chair to
reasonably extend those limits. A "Request to Speak" form must be completed
and turned in to the Town Secretary.
The foregoing rules and time limitation do not apply to citizens appearing at a
public hearing being held by the Town Council pursuant to any official notice
thereof.
All citizens shall refrain from private conversations in the chamber while the
Town Council is in session.
Citizens attending Town Council meetings shall observe the same rules of
priority, decorum, and good conduct applicable to the administrative staff. Any
persons making personal, impertinent, or slanderous remarks, or who becomes
boisterous while addressing the Town Council or while attending the Town
Council meeting, shall be removed from the room if the Chief of Police (or his
representative) is so directed by the Mayor/Chairman, and such person shall be
barred from further audience before the Town Council during that session of the
Town Council.
Unauthorized remarks from the audience, stamping of feet, whistles, yells and
similar demonstrations shall not be permitted by the Mayor/Chairman, who shall
direct the Chief of Police to remove such offenders from the room.
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In case the Chairman shall fail to act, any other of the Town Council may move
to require the Chair to enforce the rules, and the affirmative vote of a majority of
all members present of the Town Council shall require the presiding officer to
act.
No placards, banners or signs of any kind shall be permitted in the Council
Chamber unless exhibits, displays and visual aids are used in connection with
presentations to the Town Council, provided that such exhibits, displays and
visuals aids do not disrupt the meeting.
5.5 Oral Presentations by Town Manager: Matters requiring the Council's attention
or action which may have developed since the deadline for delivery of the
written communication to the Council may, upon approval of the Council, be
presented orally by the Town Manager.
5.6 Seating Arrangements: The Town Secretary, Town Attorney, and Chief of
Police shall occupy the respective seats in the Council Chamber assigned to
them by the Chairman/Mayor, but any two (2) or more of the Town Council may
exchange seats.
6. CONSIDERATION OF ORDINANCES RESOLUTIONS AND MOTIONS
6.1 Printed or Typewritten Form. All ordinances and resolutions shall be presented
to the Town Council only in printed or typewritten form.
6.2 Town Attorney to Approve: All ordinances and resolutions shall be approved as
to form and legality by the Town Attorney.
6.3 Distribution of Ordinances: The Town Secretary shall prepare copies of all
proposed ordinances for distribution to all members of the Town Council at the
meeting at which the ordinance is introduced, or at such earlier time as is
expedient.
6.4 Recording of Votes: The show of hands shall be taken and entered upon the
passage of all ordinances and resolutions and entered into the official record of
the Council.
6.5 Maiority of Vote Required: Approval of every ordinance, resolution, or motion
shall require the affirmative vote of a majority of all members of the Town
Council in attendance.
6.6 Tie Vote: In the event of a tie in votes on any motion, the Mayor may vote to
break the tie.
7. RULES OF DECORUM
7.1 Recognition by ChairmanlMayor. No person shall address the Town Council
without first being recognized by the Chairman/Mayor.
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7.2 Order: While the Council is in session, the members must preserve order and
decorum, and a member shall neither, by conversation or otherwise, delay or
interrupt the proceedings or the peace of the Town Council nor disturb any
member while speaking or refuse to obey the orders of the Chairman/Mayor.
Members of the Town Council shall not leave their seats during a meeting
without first obtaining the permission of the Chairman/Mayor.
7.3 Chairman/Ma or May Debate and Vote: The Chairman/Mayor may move only
to such limitations of debate as are the rights and privileges of a Town Council
member by reason of his acting as the Chairman/Mayor. if the
Chairman/Mayor is engaged in debate and is abusing his position as chairman,
at the insistence of any three Council members, the Chairman/Mayor must
relinquish the chair in accordance with provisions of Robert's Rules of Order
Newly Revised.
7.4 Getting the Floor Improper References to be Avoided: Every member desiring
to speak shall address the chair, and upon recognition by the Chairman/Mayor
shall confine himself/herself to the questions under debate, avoiding all
personalities and inappropriate language.
7.5 Interruptions: A member, once recognized, shall not be interrupted when
speaking unless it be to call the member to order, or as herein otherwise
provided. If a member, while speaking, is called to order, the Town Council
member shall cease speaking until the question of order be determined and, if
in order, the Town Council member shall be permitted to proceed.
8. PARLIAMENTARY MOTIONS AND PRECEDENCE
1. To adjourn
2. To take a recess
3. To commit, refer, or
recommit to committee
4. To amend
5. To amend an amendment
6. To postpone indefinitely
7. To table
B. Calling the question
8.1 Motions: After obtaining the floor a motion can be made before the assembly
on the particular subject of discussion. A "Second" to the motion must be made
by another Town Council member within a reasonable but brief time period.
Without a "second" the motion dies. No main motion can be made when
another motion is pending.
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A Majority Vote
Requires 2nd
Debatable
Amendable
of Those Present
Yes
No
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Yes
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No
Yes
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No
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Yes
8.1 Motions: After obtaining the floor a motion can be made before the assembly
on the particular subject of discussion. A "Second" to the motion must be made
by another Town Council member within a reasonable but brief time period.
Without a "second" the motion dies. No main motion can be made when
another motion is pending.
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8.2 Withdrawal of Motions: A motion may be withdrawn, or modified, by its mover
without asking permission until the motion has been stated by the
Chairman/Mayor. If the mover modifies his motion, the seconder may withdraw
his second. After the question has been stated, the mover shall neither
withdraw it nor modify it without the consent of the Council.
8.3 Stating the Question: In principle, the Chairman/Mayor must state the question
on a motion immediately after it has been made and seconded, unless the
Council member is obligated to rule that the motion is out of order or if the
wording is not clear.
8.4 Amendments to Motions: No motion or proposition of a 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.
8.5 Debate: Debate must be limited to the merits of the immediately pending
question as stated by the chair and by authority of the Chairman/Mayor.
8.6 Calling for the Questions: The Chairman/Mayor may "call for the question"
without a vote if debate appears to have closed and if there are not objections
by any Council member. Any Council member may "call for the question" to
take the vote on the immediately pending question and such other questions as
are specified in the motion. The Chairman/Mayor then shall take a vote of the
Council to close debate.
8.7 Point of Order or Parliamentary Inquiry: A member may interrupt debate for
immediate consideration of questions relating to rights and privileges of the
assembly. The Chairman/Mayor will decide the question or may refer to the
Town Attorney for a ruling. The Chairman/Mayor's decision is subject to appeal
to the Town Council.
9. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS
9.1 Council Committees: The Council may, as the need arises, authorize the
appointment of "ad hoc" committees. Except where otherwise specifically
provided, the Mayor shall appoint the members of the "ad hoc" committees,
subject to the approval of the Town Council. 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 Town Council.
9.2 Citizen Boards, Commissions, and Committees: The Town Council may create
other Committees, Boards and Commissions to assist in the conduct of the
operation of the Town government with such duties as the Council may specify.
Memberships and selection of members shall be as provided by the guidelines
in Resolution No. 1999-36 to appoint committees. Any committees, boards, or
commissions 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
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of the Town Council. No committee so appointed shall have powers other than
advisory to the Town Council, except as otherwise specified by the laws of the
State of Texas.
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