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ORD 2018-25 No Action Taken TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2018-25 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING DIVISION 2, MEETINGS AND RULES OF PROCEDURE, OF ARTICLE 1.03, TOWN COUNCIL, OF CHAPTER 1, GENERAL PROVISIONS, OF THE TOWN OF TROPHY CLUB CODE OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES AND ADOPTING A NEW DIVISION 2,MEETINGS AND MEETINGS AND RULES OF PROCEDURE, OF ARTICLE 1.03, TOWN COUNCIL,OF OF OF OF ARTICLE 1.03, TOWN COUNCIL , CHAPTER 1, GENERAL PROVISIONS, OF THE TOWN OF TROPHY THE TOWN OF TROPHY THE TOWN OF TROPHY CLUB CODE OF ORDINANCES; PROVIDING FOR THE PROVIDING FOR THE PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN INCORPORATION OF PREMISES; PROVIDING FOR AN INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALERCLAUSE; AMENDMENT; PROVIDING A SAVINGS AND REPEALERAMENDMENT; PROVIDING A SAVINGS AND REPEALERCLAUSECLAUSE PROVIDING A SEVERABILITYCLAUSE; PROVIDING FOR ; PROVIDING FOR ; PROVIDING FOR ENGROSSMENT AND ENROLLMENTCLAUSE; AND PROVIDING AN ; AND PROVIDING AN ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council establishes rules and procedures to ensure that the Town Council establishes rules and procedures to ensure that the Town Council establishes rules and procedures to ensure that the Town Council establishes rules and procedures to ensure that its meetings are conducted in an orderly manner; and its meetings are conducted in an orderly manner; and WHEREAS, the Town Council has the authority to generally review and make the Town Council has the authority to generally review and make the Town Council has the authority to generally review and make changes to its procedural rules as it determines appropriate for the orderly conduct of its changes to its procedural rules as it determines appropriate for the orderly conduct of its changes to its procedural rules as it determines appropriate for the orderly conduct of its meetings; and WHEREAS, having reviewed the existing procedures and considering the desire having reviewed the existing procedures and considering the having reviewed the existing procedures and considering the having reviewed the existing procedures and considering the having reviewed the existing procedures and considering the to conduct orderly and efficient meetings, the Town Council hereby repeals Division 2, ct orderly and efficient meetings, ct orderly and efficient meetings, the Town Council hereby repeals Division 2, Meetings and Rules of Procedure,of Article 1.03, Town Council, of Chapter 1, General Meetings and Rules of Procedure,Meetings and Rules of Procedure,of Article 1.03, Town Council, of Chapter 1, General of Article 1.03, Town Council, of Chapter 1, General Provisions,of the Town of Trophy Club Code of Ordinances and adopts a new Division of the Town of Trophy Club Code of Ordinances and adopts a new Division of the Town of Trophy Club Code of Ordinances and adopts a new Division 2, Meetings and Rules of Procedure, of Article 1.03, Town Council, of Chapter 1, 2, Meetings and Rules of Procedure, of Article 1.03, Town Council, of Chapter 1, 2, Meetings and Rules of Procedure, of Article 1.03, Town Council, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinancesservingthe best General Provisions, of the Town of Trophy Club Code of OrdinancesGeneral Provisions, of the Town of Trophy Club Code of Ordinances interests of the Townand will assist with the conduct of orderly and efficient meetings. interests of the Townand will assist with the conduct of orderly and efficient meetingsand will assist with the conduct of orderly and efficient meetings NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE EREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE NOW, TH TOWN OF TROPHY CLUB, TEXAS: TOWN OF TROPHY CLUB, TEXAS:TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated That the above and foregoing premises are true and correct and are incorporated That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. herein and made a part hereof for all purposes.herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Division 2, Meetings and Rules of Procedure, of Article 1.03, Town Council, of Chapter 1, General Provisions,of the Town of Trophy Club Code of Ordinancesis hereby repealed and a new Division 2, Meetings and Rules of Procedure, of Article 1.03, Town Council, of Chapter 1, General Provisions,of the Town of Trophy Club Code of Ordinancesshall be and read in its entirety as follows: “CHAPTER 1 GENERAL PROVISIONS . . . ARTICLE 1.03 TOWN COUNCIL . . . Division 2.Meetings and Rules of Procedure Sec. 1.03.031 Authority Pursuant to section 3.11 of the home rule charter of the town, the town council Pursuant to section 3.11 of the home rule charter of the town, the town council Pursuant to section 3.11 of the home rule charter of the town, the town council shall determine its own rules of procedure. The Charter of the Town of Trophy Club, Texas, provides for open meetings for The Charter of the Town of Trophy Club, Texas, provides for open The Charter of the Town of Trophy Club, Texas, provides for open The Charter of the Town of Trophy Club, Texas, provides for open The Charter of the Town of Trophy Club, Texas, provides for open the Town Council at which reasonableopportunity shall be given for Citizens to opportunity shall be given for Citizens to opportunity shall be given for Citizens to be heard under such rules as the Council may provide. The Rules of Procedure be heard under such rules as the Council may provide. be heard under such rules as the Council may provide. establish guidelines to be followed by all persons attending a Town Council establish guidelines to be followed by all persons attending a Town Council establish guidelines to be followed by all persons attending a Town Council meeting, including members of the Town Council, Town Staff and visitors. including members of the Town Council, Town Staff and visitors.including members of the Town Council, Town Staff and visitors. Sec. 1.03.032General rules General rules (a)Meetings to be public. All official meetings of the town council and all Meetings to be public. All official meetings of the town council and all Meetings to be public. All official meetings of the town council and all Meetings to be public. All official meetings of the town council and all sessions of a subcommittee of the town council consisting of a quorum of sessions of a subcommittee of the town council consisting of a quorum of sessions of a subcommittee of the town council consisting of a quorum of the council shall be public unless otherwise specified by council. the council shall be public unless otherwise specified by council.the council shall be public unless otherwise specified by council. (b)Quorum. The governing body of the town consists of a mayor and six (6) . The governing body of the town consists of a mayor and six (6) . The governing body of the town consists of a mayor and six (6) Quorum council members. Attendance at a council meeting by four (4) of the seven council members. Attendance at a council meeting by four (4) of the seven council members. Attendance at a council meeting by four (4) of the seven (7) members of the town council constitutes a quorum for the purpose of a (7) members of the town council constitutes a quoru(7) members of the town council constitutes a quoru regular or special meeting. regular or special meeting.regular or special meeting. (c)Attendance. As specified in the town charter, should a member of the town AttendanceAttendance (c) council fail to attend three consecutive regular meetings without being council fail to attend three consecutive regular meetings without being council fail to attend three consecutive regular meetings without being excused by the council, his/her office may be declaredforfeited by the excused by the council, his/her office may be declared council. A member of the town council who is unable to attend a council council. A member of the town council who is unable to attend a council meeting shall notify the town secretary of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to the town secretary shall be provided as soon as practicable after the member becomes aware that he/she will be absent. The town secretary shall notify the council of the absence prior to the beginning of the council meeting from which the member will be absent. ORD 2018-25 Page 2 of 14 (d)Misconduct. The town council may punish its own members for misconduct as authorized by state law and town charter. (e)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. (f)Questions to contain one subject. All questions submitted for a vote shall Questions to contain one subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member contain only one subject. If two or more points are involved, any member mber contain only one subject. If two or more points are involved, any me may require a division, if the question reasonably admits of a division. may require a division, if the question reasonably admits of a division.may require a division, if the question reasonably admits of a division. (g)Right to floor. Any town council member desiring to speak shall be Right to floor. Any town council member desiring to speak shall be Right to floor. Any town council member desiring to speak shall be recognized by the chairman/mayor. No member shall be allowed to speak recognized by the chairman/mayor. No member shall be allowed to speak 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 more than once on any one subject until every member wishing to speak more than once on any one subject until every member wishing to speak shall have spoken. (h)Town manager. The town manager or assistant town manager or acting Town manager. The town manager or assistant town manager or acting Town manager. The town manager or assistant town manager or acting town manager, shall attend all meetings of the town council unless town manager, shall attend all meetings of the town council unless town manager, shall attend all meetings of the town council unless town manager, shall attend all meetings of the town council unless excused by the mayor or town council. The town manager, assistant town excused by the mayor or town council. The town manager, assistanexcused by the mayor or town council. The town manager, assistan excused by the mayor or town council. The town manager, assistan manager, or acting town manager may make recommendations to the manager, or acting town manager may make recommendations to the manager, or acting town manager may make recommendations to the town council and shall have the right to take part in all discussions of the town council and shall have the right to take part in all discussions of the town council and shall have the right to take part in all discussions of the town council, but shall have no vote. The town manager may place an town council, but shall have no vote. The town manager may place an town council, but shall have no vote. The town manager may place an item for discussion and/or action on thecouncil agenda. item for discussion and/or action on theitem for discussion and/or action on the council agenda.council agenda. (i)Town attorney. The town attorney or acting town attorney, shall attend all Town attorney. The town attorney or acting town attorney, shall attend all Town attorney. The town attorney or acting town attorney, shall attend all Town attorney. The town attorney or acting town attorney, shall attend all meetings of the town council unless excused by the mayor or town council meetings of the town council unless excused by the mayor or town council meetings of the town council unless excused by the mayor or town council meetings of the town council unless excused by the mayor or town council meetings of the town council unless excused by the mayor or town council and shall, upon request, give an opinion, either written or oral, on and shall, upon request, give an opinion, either written or oral, on and shall, upon request, give an opinion, either written or oral, on 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 questions of law.The town attorney shall act as the town council’s The town attorney shall act as the town council’s parliamentarian. parliamentarian. parliamentarian. (j)Town secretary. The town secretary or acting town secretary, shall attend Town secretary. The town secretary or acting town secretary, shall attend Town secretary. The town secretary or acting town secretary, shall attend all meetings of the town council unless excused by the mayor or town all meetings of the town council unless excused by the mayor or town all meetings of the town council unless excused by the mayor or town council, and shall keep the official minutes and perform such other duties council, and shall keep the official minutes and perform such other duties council, and shall keep the official minutes and perform such other duties as may be requested of him/her by the town council. as may be requested of him/her by the town council.as may be requested of him/her by the town council. (k)Officers and employees. Any officer or employee of the town, when Officers and employees. Any officer or employee of the town, when Officers and employees. Any officer or employee of the town, when (k) requested by the town manager, shall attend any meeting of the town requested by the town manager, shall attend any meeting of the town requested by the town manager, shall attend any meeting of the town council. If requested to doso by the town manager, they may present council. If requested to do information relating to matters before the town council. information relating to matters before the town council. (l)Rules of order. Robert’s Rules of Order Newly Revised, as amended by (l)(l) the council, shall govern the proceedings of the town council. (m)Suspension of rules. Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the town council in attendance. The vote on any such suspension shall be taken by a show of hands and entered into the record. ORD 2018-25 Page 3 of 14 (n)Amendment to rules. These rules may be amended, or new rules adopted with a favorable vote by four (4) 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. Sec. 1.03.033Types of meetings (a)Regular meetings. The town council shall meet in the Council Chambers Regular meetings. The town council shall meet in the Council Chambers Regular meetings. The town council shall meet in the Council Chambers at Town Hall,1 Trophy Wood Drive, Trophy Club, Texas, on the second , Trophy Club, Texas, on the second , Trophy Club, Texas, on the second and fourth Tuesday of each month and each meeting shall commence at and fourth Tuesday of each month and each meeting shall commence at and fourth Tuesday of each month and each meeting shall commence at the time and place posted on the agenda for that meeting. the time and place posted on the agenda for that meeting. the time and place posted on the agenda for that meeting. (b)Special meetings. Special meetings may be called by the mayor or by any Special meetings. Special meetings may be called by the mayor or by any Special meetings. Special meetings may be called by the mayor or by any three (3) members of the town council. The call for a special meeting shall three (3) members of the town council. The call for a special meeting shall three (3) members of the town council. The call for a special meeting shall be filed with the town secretary in written form, except that announcement be filed with the town secretary in written form, except that announcement 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 of a special meeting, during any regular meeting at which all members are of a special meeting, during any regular meeting at which all members are 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 present, shall be sufficient notice of such special meeting. The call for a present, shall be sufficient notice of such special meeting. The call for a 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, special meeting shall specify the day and the hour of the special meeting, special meeting shall specify the day and the hour of the special meeting, and shall listthe subject or subjects to be considered. No special meeting the subject or subjects to be considered. No special meeting the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued or within two (2) shall be held until at least 72 hours after the call is issued or within two (2) shall be held until at least 72 hours after the call is issued or within two (2) hours for an emergency meeting. Only such business may be transacted hours for an emergency meeting. Only such business may be transacted hours for an emergency meeting. Only such business may be transacted at a special meeting as may be listed in thecall for said meeting or as at a special meeting as may be listed in theat a special meeting as may be listed in the incident thereto. (c)Emergency meetings. In case of emergency or urgent public necessity, Emergency meetings. In case of emergency or urgent public necessity, Emergency meetings. In case of emergency or urgent public necessity, Emergency meetings. In case of emergency or urgent public necessity, which shall be expressed in notice of the meeting, an emergency meeting which shall be expressed in notice of the meeting, an emergency meeting 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) shall be called by the chairman/mayor or on the application of shall be called by the chairman/mayor or on the application of members of the town council, and it shall be sufficient if the notice is members of the town council, and it shall be sufficient if the notice is members of the town council, and it shall be sufficient if the notice is posted two (2) hours before the meeting is convened. posted two (2) hours before the meeting is convened.posted two (2) hours before the meeting is convened. (d)Recessed meetings. Any meeting of the town council may be recessed to Recessed meetings. Any meeting of the town council may be recessed to 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 a later time, provided that no recess shall be for a longer period than until a later time, provided that no recess shall be for a longer period than until the next regular meeting. the next regular meeting.the next regular meeting. (e)Public hearings. (e) Public hearingsPublic hearings (e) (1)All meetings shall be held in full compliance with the provisions of (1) state law and codes of the town. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. (2)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. ORD 2018-25 Page 4 of 14 Sec. 1.03.034Chairman/Presiding Officer (a)Designation. 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- r pro tem shall preside. In the absence of both the mayor and the mayo tem, the town council shall elect a chairman/chair/presiding officer. tem, the town council shall elect a chairman/chair/presiding officer. (b)Call to order. The meetings of the town council shall be called to order by Call to order. The meetings of the town council shall be called to order by Call to order. The meetings of the town council shall be called to order by the presiding officer. In the absence of both the mayor and the mayor pro- the presiding officer. In the absence of both the mayor and the mayor prothe presiding officer. In the absence of both the mayor and the mayor pro tem, the meeting shall becalled to order by the town secretary. called to order by the town secretary.called to order by the town secretary. (c)Preservation of order. The presiding officershall preserve order and shall preserve order and shall preserve order and decorum, prevent personalities from becoming involved in debate and decorum, prevent personalities from becoming involved in debate and decorum, prevent personalities from becoming involved in debate and confine members in debate to the question under discussion. confine members in debate to the question under discussion.confine members in debate to the question under discussion. (d)Points of order. (1)A member may interrupt debate for immediate consideration of A member may interrupt debate for immediate consideration of A member may interrupt debate for immediate consideration of questions relating to rights and privileges of the assembly. The questions relating to rights and privileges of the assembly. The questions relating to rights and privileges of the assembly. The presiding officer will decide the question or may refer to the town presiding officer will decide the question or may refer to the town presiding officer will decide the question or may refer to the town attorney for a ruling. The presiding officerdecision is subject to attorney for a ruling. The presiding officerattorney for a ruling. The presiding officer appeal to the town council. appeal to the town council.appeal to the town council. (2)A member of the council may appeal a ruling of the chair by A member of the council may appeal a ruling of the chair by A member of the council may appeal a ruling of the chair by A member of the council may appeal a ruling of the chair by A member of the council may appeal a ruling of the chair by obtaining the floor and stating, “I appeal from the ruling of the obtaining the floor and stating, “I appeal from the ruling of the obtaining the floor and stating, “I appeal from the ruling of the obtaining the floor and stating, “I appeal from the ruling of the Chair.” The person appealing can interrupt a speaker who has the Chair.” The person appealing can interrupt a speaker who has the Chair.” The person appealing can interrupt a speaker who has the floor. If another member seconds the appeal, the procedure is as floor. If a nother member seconds the appeal, the procedure is as nother member seconds the appeal, the procedure is as floor. If a follows: the presiding officer puts the question to the members for a follows: the presiding officer puts the question to the members for a follows: the presiding officer puts the question to the members for a vote. The question cannot be amended and it is debatable unless vote. The question cannot be amended and it is debatable unless vote. The question cannot be amended and it is debatable unless the immediately pending question is not debatable, the purpose of the immediately pending question is not debatable, the purpose of the immediately pending question is not debatable, the purpose of the vote is to decide whether the chair’s ruling should be sustained. ththe vote is to decide whether the chair’s ruling should be sustained. e vote is to decide whether the chair’s ruling should be sustained. The presiding officer is entitled to speak first and last in any The presiding officer is entitled to speak first and last in any The presiding officer is entitled to speak first and last in any discussion about the appeal or his/her decision. A majority vote is discussion about the appeal or his/her decision. A majority vote is discussion about the appeal or his/her decision. A majority vote is required to overturn the decision of the chair, and thequestion can required to overturn the decision of the chair, and therequired to overturn the decision of the chair, and the be reconsidered. (e)Questions to be stated. The presiding officershall state all questions (e)(e)Questions to be stated. The presiding officer 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. (f)Substitution of presiding officer. The presiding officer may call any other member to take his place in the chair, such substitution not to continue beyond adjournment. ORD 2018-25 Page 5 of 14 Sec. 1.03.035Order of business; agenda (a)Agenda. The business of each meeting shall be as contained in the agenda in the order established by the presiding officer. The town secretary shall prepare the agenda. The agenda shall be a listing of topics secretary shall prepare the agenda. The agenda shall be a listing of topics to be considered by the town council and delivered to members of the to be considered by the town council and delivered to members of the town council each Thursday preceding the Tuesday meeting to which it town council each Thursday preceding the Tuesday meeting to which it town council each Thursday preceding the Tuesday meeting to which it pertains. The agenda may provide for a work session immediately pertains. The agenda may provide for a work session immediately pertains. The agenda may provide for a work session immediately preceding the commencement of the council meeting in order to allow preceding the commencement of the council meeting in order to allow preceding the commencement of the council meeting in order to allow council discussion and questionsrelated to one or more of the items related to one or more of the items related to one or more of the items posted on the agenda. At the end of each agenda item, the agenda posted on the agenda. At the end of each agenda item, the agenda posted on the agenda. At the end of each agenda item, the agenda should specify the first initial and last name of the person(s) adding the should specify the first initial and last name of the person(s) adding the should specify the first initial and last name of the person(s) adding the item to be considered on the agenda. (b)Presentations by members of town council; future agenda items. The Presentations by members of town council; future agenda itemsPresentations by members of town council; future agenda items agenda shall provide a time when the mayor or any town council member agenda shall provide a time when the mayor or any town council member agenda shall provide a time when the mayor or any town council member 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 may bring before the town council any business that the town council may bring before the town council any business that the town council may bring before the town council any business that the town council member believes should be deliberated upon by the town council at a member believes should be deliberated upon by the town council at a member believes should be deliberated upon by the town council at a future meeting of the town council. However, pursuant to the town charter, f the town council. However, pursuant to the town charter, f the town council. However, pursuant to the town charter, before any item is placed for discussion and/or action on a future town before any item is placed for discussion and/or action on a future town before any item is placed for discussion and/or action on a future town council agenda, a request for its placement on the agenda shall be made council agenda, a request for its placement on the agenda shall be made council agenda, a request for its placement on the agenda shall be made by either the mayor or by any two (2) councilmembers.These matters by either the mayor or by any two (2) councilmembers.by either the mayor or by any two (2) councilmembers. need not be specifically listed on the agenda, but discussion and formal need not be specifically listed on the agenda, but discussion and formal need not be specifically listed on the agenda, but discussion and formal need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent town council action on such matters shall be deferred until a subsequent town council action on such matters shall be deferred until a subsequent town council action on such matters shall be deferred until a subsequent town council action on such matters shall be deferred until a subsequent town council meeting provided that the requirements of chapter 551 Texas Government meeting provided that the requirements of chapter 551 Texas Government meeting provided that the requirements of chapter 551 Texas Government meeting provided that the requirements of chapter 551 Texas Government Code have been met. Code have been met.Code have been met. (c)Request for agenda item by presiding officer. A presiding officerof a Request for agenda item by presiding officer. A presiding officerRequest for agenda item by presiding officer. A presiding officer council appointed board, commission, corporation, or other appointed council appointed board, commission, corporation, or other appointed council appointed board, commission, corporation, or other appointed body requesting that an item be placed on the council agenda for body requesting that an item be placed on the council agenda for body requesting that an item be placed on the council agenda for discussion and/or action shall present such request to the town manager discussion and/or action shall present such request to the town manager discussion and/or action shall present such request to the town manager in writing in the time frame set forth in subsection (d) below. in writing in the time frame set forth in subsection (d) below.in writing in the time frame set forth in subsection (d) below. (d)Deadline for submission of agenda items. A subject for the town council’s Deadline for submission of agenda itemsDeadline for submission of agenda items (d) consideration shall be submitted to the town secretary’s office in writing consideration shall be submitted to the town secretary’s office in writing consideration shall be submitted to the town secretary’s office in writing not later than 5:00 p.m. on Monday, (7 days prior) to the meeting at which not later than 5:00 p.m. on Monday, (7 days prior) to the meeting at which the subject is to be considered. the subject is to be considered. (e)Presentation by citizens or representative(s) of organized groups; citizen (e)(e) presentations. Presentations by citizens at the citizens presentation segment of a council meeting, with or without prior notification, shall be limited to a total of four (4) minutes. (f)Presentation by citizens or representative(s) of organized groups; agenda items. Presentations by citizens, with or without prior notification, shallbe ORD 2018-25 Page 6 of 14 limited to a total of six minutes. For items on the agenda, the speaker will be limited to four (4) minutes of time to complete his/her comments prior to council discussion and two (2) minutes of time subsequent to council discussion but before the chair calls for a vote. The designated timekeeper shall maintain the time and advise the speaker when his/her time has expired. The speaker shall then complete his sentence and take his/her expired. The speaker shall then complete his sentence and take his/her seat. A person may not give his/her speaking time to another. Persons seat. A person may not give his/her speaking time to another. Persons wishing to express their position on an agenda item but who do not wish to wishing to express their position on an agenda item but who do not wish to wishing to express their position on an agenda item but who do not wish to speak shall complete a speaker’s card and indicate their support or speak shall complete a speaker’s card and indicate their support or speak shall complete a speaker’s card and indicate their support or opposition. The name and respective position of such person(s) shall be opposition. The name and respective position of such person(s) shall be opposition. The name and respective position of such person(s) shall be read into the record.Topics of presentations should be limited to matters Topics of presentations should be limited to matters Topics of presentations should be limited to matters over which the Council has authority. (g)Rules of conduct applicable to citizen’s presentations for agenda items, Rules of conduct applicable to citizen’s presentations for agenda items, Rules of conduct applicable to citizen’s presentations for agenda items, citizen’s presentations, and for public hearings. citizen’s presentations, and for public hearings . (1)Each person addressing the council shall step up to the Each person addressing the council shall step up Each person addressing the council shall step up Each person addressing the council shall step up microphone, shall give his or her name and address in an audible microphone, shall give his or her name and address in an audible microphone, shall give his or her name and address in an audible microphone, shall give his or her name and address in an audible tone of voice for the record. If representing an organized group, the tone of voice for the record. If representing an organized group, the tone of voice for the record. If representing an organized group, the speaker shall identify the group represented. All remarks shall be speaker shall identify the group represented. All remarks shall be speaker shall identify the group represented. All remarks shall be addressed to the council as a body, and not to any member thereof. addressed to the council as a body, and not to any member thereof. addressed to the council as a body, and not to any member thereof. No person, other than town staff, members of the council and the No person, other than town staff, members of the council and the No person, other than town staff, members of the council and the person having the floor, shall be permitted to enter into any person having the floor, shall be permitted to enter into any person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the council. discussion, either directly or through the members of the council. discussion, either directly or through the members of the council. discussion, either directly or through the members of the council. No questions shall be asked of the councilmembers, except No questions shall be asked of the councilmembers, except No questions shall be asked of the councilmembers, except No questions shall be asked of the councilmembers, except No questions shall be asked of the councilmembers, except through the presiding officer. through the presiding officer.through the presiding officer.through the presiding officer. (2)All citizens shall refrain from private conversations in the chamber All citizens shall refrain from private conversations in the chamber All citizens shall refrain from private conversations in the chamber while the town council is in session. while the town council is in session.while the town council is in session. (3)Citizens attending town council meetings shall observe the same Citizens attending town council meetings shall observe the same Citizens attending town council meetings shall observe the same rules of priority, decorum, and good conduct applicable to the rules of priority, decorum, and good conduct applicable to the rules of priority, decorum, and good conduct applicable to the administrative staff. Any persons making personal, impertinent, or administrative staff. Any persons making personal, impertinent, or administrative staff. Any persons making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing slanderous remarks, or who becomes boisterous while addressing slanderous remarks, or who becomes boisterous while addressing the town council or while attending the town council meeting, shall the town council or while attending the town council meeting, shall 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 presiding officer, and such person shall be barred from further audience before the town council during that session of the town council. (4)Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the presiding officer, who shall direct the chiefof police or his designee to remove such offenders from the room. ORD 2018-25 Page 7 of 14 (5)In case the presiding officer 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. (6)No placards, banners or signs of any kind shall be permitted in the hall be permitted in the council chamber unless exhibits, displays and visual aids are used council chamber unless exhibits, displays and visual aids are used in connection with presentations to the town council, provided that in connection with presentations to the town council, provided that in connection with presentations to the town council, provided that such exhibits, displays and visuals aids do not disrupt the meeting. such exhibits, displays and visuals aids do not disrupt the meeting.such exhibits, displays and visuals aids do not disrupt the meeting. (h)Written communicationsto council. (1)General. Interested parties, or their authorized representatives, . Interested parties, or their authorized representatives, . Interested parties, or their authorized representatives, may address the council by written communication in regard to any may address the council by written communication in regard to any may address the council by written communication in regard to any matter concerning the town’s business or over which the council matter concerning the town’s business or over which the council matter concerning the town’s business or over which the council has control at any time. (2)Agenda items. A written communication relative to a Citizen Agenda items. A written communication relative to a Citizen Agenda items. A written communication relative to a Citizen Agenda items. A written communication relative to a Citizen Presentation and an item posted for consideration on a town Presentation and an item posted for consideration on a town Presentation and an item posted for consideration on a town council agenda may be submitted by direct mail to the council or by council agenda may be submitted by direct mail to the council or by council agenda may be submitted by direct mail to the council or by delivery of the communication to the town secretary at least four (4) delivery of the communication to the town secretary at least four (4) delivery of the communication to the town secretary at least four (4) hours prior to the time for commencement of the town council r to the time for commencement of the town council r to the time for commencement of the town council meeting at which an item will be discussed. Upon timely receipt of a meeting at which an item will be discussed. Upon timely receipt of a meeting at which an item will be discussed. Upon timely receipt of a communication, the town secretary shall distribute copies to each of communication, the town secretary shall distribute copies to each of communication, the town secretary shall distribute copies to each of communication, the town secretary shall distribute copies to each of the councilmembers and shall make copies available for public the councilmembers and shall make copies available for public the councilmembers and shall make copies available for public the councilmembers and shall make copies available for public the councilmembers and shall make copies available for public review at a designated location in the council chambers. The w at a designated location in the council chambers. The w at a designated location in the council chambers. The w at a designated location in the council chambers. The names of those submitting the communication and the topic names of those submitting the communication and the topic names of those submitting the communication and the topic addressed will be entered into the record without the necessity for addressed will be entered into the record without the necessity for addressed will be entered into the record without the necessity for reading as long as sufficient copies are available at the meeting for reading as long as sufficient copies are available at the meeting for reading as long as sufficient copies are available at the meeting for review by members of the audience/public. ew by members of the audience/public.ew by members of the audience/public. revirevi (i)Presentations by town manager. Matters requiring the council’s attention Presentations by town manager. Matters requiring the council’s attention Presentations by town manager. Matters requiring the council’s attention which may have developed since the deadline for delivery of the written which may have developed since the deadline for delivery of the written which may have developed since the deadline for delivery of the written communication to the council may be presented orally by the town communication to the council may be presented orally by the town communication to the council may be presented orally by the town manager for informational purposes only in accordance with chapter 551 ager for informational purposes only in accordance with chapter 551 ager for informational purposes only in accordance with chapter 551 manman Texas Government Code. Texas Government Code.Texas Government Code. (j)Requests for research or information. The mayor and individual (j)(j)Requests for research or information councilmembers may request information or research from the town staff on a given topic through the town manager who will make all members of council aware of the special request, as it may be of interest to them as well. Accordingly, the town manager will provide the results of the request to all members of council. In the event the town manager believes he cannot respond in a timely manner, he and the members of council will coordinate a reasonable and responsible timeframe in which to expect the results without unduly interfering with other activities of higher priority. ORD 2018-25 Page 8 of 14 (k)Notification of significant activities or events. The mayor and councilmembers expect the town manager to notify them, and provide periodic updates regarding significant activities or events in the town related to natural or manmade disasters, major criminal activity, accidents involving town property, or death involving town staff/employees. (l)Seating arrangement. The town manager, town secretary, and town Seating arrangement. The town manager, town secretary, and town Seating arrangement. The town manager, town secretary, and town attorney shall occupy the respective seats in the council chamber attorney shall occupy the respective seats in the council chamber attorney shall occupy the respective seats in the council chamber assigned to them by the presiding officer, but any two(2) or more of the (2) or more of the (2) or more of the town council may exchange seats. Sec. 1.03.036Ordinances, resolutions and motions Ordinances, resolutions and motions (a)Printed or typewritten form. All ordinances and resolutions shall be Printed or typewritten form. All ordinances and resolutions shall be Printed or typewritten form. All ordinances and resolutions shall be presented to the town council only in written form. presented to the town council only in written form.presented to the town council only in written form. (b)Town attorney to approve. All ordinances and resolutions shall be . All ordinances and resolutions shall be . All ordinances and resolutions shall be . All ordinances and resolutions shall be approved as to form and legality by the town attorney. approved as to form and legality by the town attorney.approved as to form and legality by the town attorney. (c)Distribution of ordinances. The town secretary shall prepare copies of all Distribution of ordinances. The town secretary shall prepare copies of all Distribution of ordinances. The town secretary shall prepare copies of all proposed ordinances for distribution to all members of the town council at proposed ordinances for distribution to all members of the town council proposed ordinances for distribution to all members of the town council the meeting at which the ordinance is introduced, or at such earlier time as the meeting at which the ordinance is introduced, or at such earlier time as the meeting at which the ordinance is introduced, or at such earlier time as is expedient. (d)Recording of votes. The show of hands shall be taken and entered upon Recording of votes. The show of hands shall be taken and entered upon Recording of votes. The show of hands shall be taken and entered upon 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 the passage of all ordinances and resolutions and entered into the official the passage of all ordinances and resolutions and entered into the official record of the council. record of the council.record of the council. (e)Vote required for approval. Approval of every ordinance, resolution, or Vote required for approval. Approval of every ordinance, resolution, or Vote required for approval. Approval of every ordinance, resolution, or motion shall require the affirmative vote of four (4) of the members of the motion shall require the affirmative vote of four (4) of the members of the motion shall require the affirmative vote of four (4) of the members of the town council in attendance. town council in attendance.town council in attendance. (f)Mayoral vote. The mayor shall have a vote on all matters before the Mayoral vote. The mayor shall have a vote on all matters Mayoral vote. The mayor shall have a vote on all matters council. council.council. (g)Conflict of interest. Should any person on the town council have a conflict (g)(g) Conflict of interest of interest pursuant to any state laws and/or town ordinances regulating of interest pursuant to any state laws and/or town ordinances regulating conflicts of interest with regard to an item on the council agenda, such person shall openly declare the conflict before the discussion proceeds, shall complete an affidavit as required by state law, and shall be prohibited from participating in the discussion or vote on the item. (h)Abstention from voting. Should any person on the town council abstain from voting on an agenda item where no conflict of interest under state ORD 2018-25 Page 9 of 14 law and/or town ordinance exists, the person’s vote shall be recorded as a negative non-vote in the minutes of the council meeting. Sec. 1.03.037Rules of decorum (a)Recognition by presiding officer. No person shall address the town council Recognition by presiding officer. No person shall address the town council without first being recognized by the presiding officer. (b)Order. While the council is in session, the members must preserve order . While the council is in session, the members must preserve order and decorum, and a member shall neither, byconversation or otherwise, conversation or otherwise, delay or interrupt the proceedings or the peace of the town council nor 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 disturb any member while speaking or refuse to obey the orders of the presiding officer. Members of the town council shall not leave their seats presiding officer. Members of the town council shall not leave their seats during a meeting without first advising the chairman/mayor. eting without first advising the chairman/mayor. (c)Presiding Officermay debate. The presiding officermay move only to . The presiding officer. The presiding officer may move only to may move only to such limitations of debate as are the rights and privileges of a town council such limitations of debate as are the rights and privileges of a town council such limitations of debate as are the rights and privileges of a town council such limitations of debate as are the rights and privileges of a town council member by reason of his acting as the presiding officer. If the presiding member by reason of his acting as the presiding officer. If the presiding member by reason of his acting as the presiding officer. If the presiding member by reason of his acting as the presiding officer. If the presiding officer is engaged in debate and is abusing his position as presiding officer is engaged in debate and is abusing his position as presiding officer is engaged in debate and is abusing his position as presiding officer, at the insistence of any three (3) council members, the presiding officer, at the insistence of any three (3) council members, the presiding officer, at the insistence of any three (3) council members, the presiding officer member must relinquish the chair in accordance with provisions of officer member must relinquish the chair in accordance with provisions of officer member must relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly Revised. Robert’s Rules of Order Newly Revised.Robert’s Rules of Order Newly Revised. (d)Getting the floor, improper references to be avoided. Every member Getting the floor, improper references to be avoidedGetting the floor, improper references to be avoided Getting the floor, improper references to be avoided desiring to speak shall address the chair, and upon recognition by the desiring to speak shall address the chair, and upon recognition by the desiring to speak shall address the chair, and upon recognition by the desiring to speak shall address the chair, and upon recognition by the desiring to speak shall address the chair, and upon recognition by the presiding officershall confine himself/herself to the questions under shall confine himself/herself to the questions under shall confine himself/herself to the questions under shall confine himself/herself to the questions under presiding officer debate, avoiding all personalities and inappropriate language. debate, avoiding all personalities and inappropriate language.debate, avoiding all personalities and inappropriate language. (e)Interruptions. A member, once recognized, shall not be interrupted when InterruptionsInterruptions. A member, once recognized, shall not be interrupted when . A member, once recognized, shall not be interrupted when speaking unless it beto call the member to order, or as herein otherwise speaking unless it bespeaking unless it be provided. If a member, while speaking, is called to order, the town council provided. If a member, while speaking, is called to order, the town council provided. If a member, while speaking, is called to order, the town council member shall cease speaking until the question of order be determined member shall cease speaking until the question of order be determined member shall cease speaking until the question of order be determined and, if in order, the town council member shall be permitted to proceed. and, if in order, the town council member shall be permitand, if in order, the town council member shall be permit Sec. 1.03.038Parliamentary motions and precedence Sec. 1.03.038Sec. 1.03.038 Sec. 1.03.038 (a)Discussion of items. The meeting is governed by the agenda and the (a)(a) Discussion of items agenda constitutes the only items to be discussed. Each agenda item agenda constitutes the only items to be discussed. Each agenda item shall be considered open for discussion after that item is read by the presiding officer. If a member wishes to challenge an agenda item on the basis that the item is not a proper topic for council discussion, such member shall state that he or she “objects to the consideration of the agenda item" during the reading of the item. This action does not require a second. When the objection is made, the Presiding Officer will finish reading the item after the objection, then shall immediately call the question: “will the assembly consider this agenda item?” if 2/3 of the ORD 2018-25 Page 10of 14 members vote “no,” the agenda item will not be considered open. A motion for appropriate action shall be made after discussion of an item has been concluded. (1)ThePresiding Officershould invite the appropriate people to report on the item, including any recommendation they might have. (2)ThePresiding Officershould ask the Members if they have any should ask the Members if they have any technical questions for clarification. At this point, the members may technical questions for clarification. At this point, the members may ask clarifying questions to the people who reported on the item, and ask clarifying questions to the people who reported on the item, and they should be given time to respond. (3)ThePresiding Officershould invite resident comments (limited to 4 should invite resident comments (limited to 4 minutes or a time determined appropriate by the Presiding Officer) minutes or a time determined appropriate by the Presiding Officer) – or if a public hearing, open the public hearing. Upon conclusion of or if a public hearing, open the public hearing. Upon conclusion of the public hearing, thePresiding Officershould announce the public should announce the public hearing closed. (b)Motions. After obtaining the floor a motion can be made before the . After obtaining the floor a motion can be made before the . After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. ThePresiding assembly on the particular subject of discussion. Theassembly on the particular subject of discussion. The Officershould invite a motion from the Members before debate is given on should invite a motion from the Members before debate is given on should invite a motion from the Members before debate is given on the merits of the item. ThePresiding Officershould announce the name of Presiding OfficerPresiding Officer the Members who makes the motion. the Members who makes the motion. the Members who makes the motion. (1)A “second” to the motion must be made by another town council A “second” to the motion must be made by another town council A “second” to the motion must be made by another town council A “second” to the motion must be made by another town council A “second” to the motion must be made by another town council member within a reasonable but brief time period. ThePresiding member within a reasonable but brief time period. Themember within a reasonable but brief time period. Themember within a reasonable but brief time period. The Officershould determine if any Members wishes to second the should determine if any Members wishes to second the should determine if any Members wishes to second the motion. ThePresiding Officershould announce the name of the Presiding OfficerPresiding Officer motion. Themotion. The Members who seconds the motion. If no Members wishes to Members who seconds the motion. If no Members wishes to Members who seconds the motion. If no Members wishes to second the motion, then the motion fails, and should be so stated second the motion, then the motion fails, and should be so stated second the motion, then the motion fails, and should be so stated by thePresiding Officer. Without a “second” the motion dies. by theby thePresiding Officer.Presiding Officer. (2)If the motion is made and seconded, thePresiding Officershould (2)If the motion is made and seconded, theIf the motion is made and seconded, the (2) make certain that everyone (including the audience) understands make certain that everyone (including the audience) understands make certain that everyone (including the audience) understands the motion. This is done in three ways: a. ThePresiding Officer can the motion. This is done in three ways: a. Thethe motion. This is done in three ways: a. The ask the maker of the motion to repeat it; b. ThePresiding Officercan repeat the motion; or c. ThePresiding Officercan ask the Town Secretary to repeat the motion. (3)No main motion can be made when another motion is pending. ThePresiding Officer should now invite the Membersto discuss the motion. If there is no desired discussion, thePresiding Officershould invite additional resident comments (limited to 2 minutes or a time determined appropriate by the Chair). If there has been no input or discussion or a brief discussion, then there is no need to repeat the motion before taking a vote. If the discussion ORD 2018-25 Page 11of 14 has been lengthy, it is a good idea to repeat the motion before calling for the vote. (c)Withdrawal of motions. A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Presiding Officer. If the mover modifies his motion, the person who Presiding Officer. If the mover modifies his motion, the person who seconds the motion may withdraw his second. After the question has been seconds the motion may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the stated, the mover shall neither withdraw it nor modify it without the stated, the mover shall neither withdraw it nor modify it without the consent of the council. (d)Stating the question. In principle, the chairman/mayor must state the Stating the question. In principle, the chairman/mayor must state the Stating the question. In principle, the chairman/mayor must state the question on a motion immediately after it has been made and seconded, question on a motion immediately after it has been made and seconded, question on a motion immediately after it has been made and seconded, unless the council member is obligated torule that the motion is out of rule that the motion is out of rule that the motion is out of order or if the wording is not clear. (e)Amendments to motions. No motion or proposition of a subject different Amendments to motions. No motion or proposition of a subject different Amendments to motions. No motion or proposition of a subject different from that under consideration shall be admitted under color of from that under consideration shall be admitted under color of from that under consideration shall be admitted under color of from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shallbe in order, but one amendment. A motion to amend an amendment shallamendment. A motion to amend an amendment shall amendment. A motion to amend an amendment shall to amend an amendment to an amendment shall not be in order. to amend an amendment to an amendment shall not be in order.to amend an amendment to an amendment shall not be in order. (f)Debate. Debate must be limited to the merits of the immediately pending . Debate must be limited to the merits of the immediately pending . Debate must be limited to the merits of the immediately pending question as stated by and by authority of the presiding officer. question as stated by and by authority of the presiding officer.question as stated by and by authority of the presiding officer. (g)Calling for the question by Presiding Officer - ending debate. Calling for the question by Presiding Officer Calling for the question by Presiding Officer Calling for the question by Presiding Officer (1)The Presiding Officer may “call for the question” without a vote if The Presiding Officer may “call for the question” without a vote if The Presiding Officer may “call for the question” without a vote if The Presiding Officer may “call for the question” without a vote if debate appears to have closed and if there are no objections by debate appears to have closed and if there are no objections by debate appears to have closed and if there are no objections by any council member. any council member.any council member. (2)A motion for the previous question (call the question) may not A motion for the previous question (call the question) maA motion for the previous question (call the question) ma interrupt a speaker who has the floor, must be made and seconded, interrupt a speaker who has the floor, must be made and seconded, interrupt a speaker who has the floor, must be made and seconded, is not debatable, cannot be amended, requires an affirmative, two- is not debatable, cannot be amended, requires an affirmative, twois not debatable, cannot be amended, requires an affirmative, two thirds vote of members present to pass and in this assembly cannot thirds vote of members present to pass and in this assembly cannot thirds vote of members present to pass and in this assembly cannot be reconsidered. Additionally, in order to protect the democratic be reconsidered. Additionally, in order to protect the democratic be reconsidered. Additionally, in order to protect the democratic process, any council member or member of the public who is on process, any council member or member of the public who is on process, any council member or member of the public who is on record to speak before the motion is made will be permitted to speak before the vote is taken on the motion for the previous question. (3)ThePresiding Officercalls for the vote. Unless a super-majority is required for passage of the motion, a simple majority vote determines whether the motion passes or fails. (4) ThePresiding Officerannounces the results of the vote and should also state what action (if any) the Members have taken. ORD 2018-25 Page 12of 14 Sec. 1.03.039Creation of committees, boards and commissions (a)Ad-hoc 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 committees, subject to the approval of the town council. Any committee so created shall cease to exist upon the accomplishment of the special 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 purpose for which it was created or when abolished by a majority vote of purpose for which it was created or when abolished by a majority vote of the town council. (b)Citizen boards, commissions, corporations, and other appointed bodies. Citizen boards, commissions, corporations, and other appointed bodiesCitizen boards, commissions, corporations, and other appointed bodies The town council may create boards, commissions, corporations and other The town council may create boards, commissions, corporations and other The town council may create boards, commissions, corporations and other council appointed bodies to assist in the conduct of the operation of the council appointed bodies to assist in the conduct of the operation of the council appointed bodies to assist in the conduct of the operation of the town government with such duties as the council may specify. town government with such duties as the council may specify. town government with such duties as the council may specify. Memberships and selection of members shall be as provided in Memberships and selection of members shall be as provided in Memberships and selection of members shall be as provided in accordance with the guidelines in the handbook for elected and appointed accordance with the guidelines in the handbook for elected and appointed accordance with the guidelines in the handbook for elected and appointed officials, as amended from time to time. Any such appointed bodies so officials, as amended from time to time. Any such appointed bodies so officials, as amended from time to time. Any such appointed bodies so officials, as amended from time to time. Any such appointed bodies so created shall cease to exist upon the accomplishment of the special created shall cease to exist upon the accomplishment of the special created shall cease to exist upon the accomplishment of the special 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 purpose for which it was created, or when abolished by a majority vote of purpose for which it was created, or when abolished by a majority vote of the town council. No body so appointed shall have powers other than the town council. No body so appointed shall have powers other than the town council. No body so appointed shall have powers other than advisory to the town council, except as otherwise specified by thelaws of advisory to the town council, except as otherwise specified by theadvisory to the town council, except as otherwise specified by the the state. These rules of procedure shall apply to council appointed the state. These rules of procedure shall apply to council appointed the state. These rules of procedure shall apply to council appointed boards, commissions, corporations, and other appointed bodies in boards, commissions, corporations, and other appointed bodies in boards, commissions, corporations, and other appointed bodies in accordance with the town’s handbook for appointed and elected officials accordance with the town’s handbook for appointed and elected officials accordance with the town’s handbook for appointed and elected officials accordance with the town’s handbook for appointed and elected officials and shall only be modified as provided inthe enabling ordinances for each and shall only be modified as provided inand shall only be modified as provided inand shall only be modified as provided in and shall only be modified as provided in such council appointed body.” such council appointed bodysuch council appointed body SECTION 3. SECTION 3.SECTION 3. SAVINGS AND REPEALER SAVINGS AND REPEALERSAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting That this Ordinance shall be cumulative of all other ordinances of the Town affecting That this Ordinance shall be cumulative of all other ordinances of the Town affecting rules of procedure and shall not repeal any of the provisions of such ordinances except rules of procedure and shall not repeal any of the provisions of such ordinances except rules of procedure and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the in those instances where provisions of those ordinances are in direct conflict with the in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all provisions of this Ordinance; whether such ordinances are codified or uncodified, and all provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. not in conflict with the provisions of this Ordinance, shall remain in funot in conflict with the provisions of this Ordinance, shall remain in funot in conflict with the provisions of this Ordinance, shall remain in fu not in conflict with the provisions of this Ordinance, shall remain in fu SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a its application to any person or circumstance is held invalid or unconstitutional by a its application 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 this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORD 2018-25 Page 13of 14 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and This Ordinance shall become effective from and after its date of passage and This Ordinance shall become effective from and after its date of passage and publication as required by law. FIRST READING by the Town Council of the Town of Trophy Club, Texas, the by the Town Council of the Town of Trophy Club, Texas, thby the Town Council of the Town of Trophy Club, Texas, th 25thday of September2018. SECOND READING PASSED AND APPROVED by the Town Council of the ASSED AND APPROVEDby the Town Council of the by the Town Council of the ASSED AND APPROVED Town of Trophy Club, Texas, the 9thday of October2018. 20182018 . . C. Nick Sanders, Mayor C. Nick Sanders, MayorC. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, TexasTown of Trophy Club, Texas \[SEAL\] ATTEST: Holly Fimbres, Town Secretary Holly Fimbres, Town SecretaryHolly Fimbres, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, TexasTown of Trophy Club, Texas APPROVED TO AS FORM: APPROVED TO AS FORM:APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD 2018-25 Page 14of 14