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ORD 2009-16TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2009-16 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING SECTION 6.01 ENTITLED "RULES OF PROCEDURE", OF ARTICLE VI, ENTITLED "TOWN COUNCIL RULES OF PROCEDURE" OF CHAPTER 1 "ADMINISTRATION" OF THE CODE OF ORDINANCES AND ADOPTING A NEW SECTION 6.01 ENTITLED "RULES OF PROCEDURE", OF ARTICLE VI, ENTITLED "TOWN COUNCIL RULES OF PROCEDURE" OF CHAPTER 1 "ADMINISTRATION" OF THE CODE OF ORDINANCES TO PROVIDE CONSISTENCY WITH RECENTLY ADOPTED CHARTER AMENDMENTS, TO MAKE PROCEDURAL CHANGES, AND TO MAKE CLERICAL CORRECTIONS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council establishes rules and procedures to ensure that its meetings are conducted in an orderly manner; and WHEREAS, as a result of the May, 2009 election, amendments to the Town's Home Rule Charter have been enacted; and WHEREAS, the recently adopted Charter Amendments require changes to quorum requirements, voting, and other procedural requirements currently contained in the Rules of Procedure governing the Town Council; and WHEREAS, 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 meetings; and WHEREAS, having reviewed the existing procedures and considering the changes mandated by the recently adopted amendments to the Town's Home Rule Charter, the Town Council hereby finds that the amendment of various subsections in Section 6.01 of Article VI of the Code of Ordinances is in order; and WHEREAS, due to the extensive nature of the revisions to Section 6.01, the Council has determined it to be beneficial to repeal Section 6.01 in its entirety and adopt a new Section 6.01 of Article VI of Chapter I of the Code of Ordinances of the Town; and WHEREAS, having considered each and everyone of the revisions proposed herein, the Council finds that the adoption of the newly proposed Section 6.01 as set forth herein serves the best interests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT ORDINANCE 2009-16 1 Section 6.01 entitled "Rules of Procedure" of Article VI entitled, "Town Council Rules of Procedure" of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town of Trophy Club, Texas is hereby repealed and a new Section 6.01 entitled "Rules of Procedure" of Article VI entitled, "Town Council Rules of Procedure" of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be and read in its entirety as follows: Section 6.01 Rules of Procedure A. Authority 1. Ordinance: Pursuant to Section 3.11 of the Home Rule Charter of the Town of Trophy Club, the Town Council shall determine its own rules of procedure. B. General Rules 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. Quorum The governing body of the Town consists of a Mayor and five (5) Council members. Attendance at a Council meeting by four (4) of the six (6) members of the Town Council constitutes a quorum for the purpose of a regular or special meeting. 3. Attendance As specified in the Town Charter, should a member of the Town Council fail to attend three consecutive regular meetings without being excused by the Council, his/her office may be declared forfeited by the 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. 4. Misconduct The Town Council may punish its own members for misconduct. 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. 6. 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 may require a division, if the question reasonably admits of a division. ORDINANCE 2009-16 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 anyone subject until every member wishing to speak shall have spoken. 8. Town Manager The Town Manager, Assistant Town Manager, or Acting Town Manager, shall attend all meetings of the Town Council unless excused. The Town Manager, Assistant Town 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, but shall have no vote. The Town Manager may place an item for discussion and/or action on the Council agenda. 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. 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. 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. 12. Rules of Order Robert's Rules of Order Newly Revised shall govern the proceedings of the Town Council. 13. Suspension of Rules 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. 14. 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. C. Types of Meetings 1. Regular Meetings ORDINANCE 2009-16 3 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 Monday of each month to be scheduled for 7:00 p.m. o'clock, unless otherwise officially changed by the Town Council. 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. Emergency Meetings 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. 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. 5. Public Hearings: All meetings shall be held in full compliance with the provisions of state law and Codes of the Town. Any party in interest may appear in his/her own behalf or be represented by counselor 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. D. Chairman and Duties 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. 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. ORDINANCE 2009-16 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. Points of Order All points of order shall be made to the Parliamentarian who shall then advise the Chair accordingly. The Chairman shall make the final determination on 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. 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. 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. E. Order of Business 1. Agenda The business of each meeting shall be as contained in the Agenda in the order established by the Mayor. The Town 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 Town Council each Thursday preceding the Monday meeting to which it pertains. The agenda may provide for a work session immediately preceding the commencement of the Council meeting in order to allow Council discussion and questions related to one or more of the items posted on the agenda. 2. Presentations by Members of Town Council-Future Agenda Items 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 at a future meeting of the Town Council. However, pursuant to the Town Charter, 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 by either the Mayor or by any two (2) Councilmembers. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Town Council meeting provided that the requirements of Chapter 551 Texas Government Code have been met. 3. Request for Agenda Item by Committee Chairperson A Committee Chairperson requesting that an item be placed on the Council agenda for discussion and/or action shall present such request to the Town Manager in writing ORDINANCE 2009-16 5 in the time frame set forth in Section 4 below. 4. Deadline for Submission of Agenda Items A subject for the Town Council's 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 the subject is to be considered. 5. Presentations by Citizens Presentations by citizens, with or without prior notification, shall be limited to a total of six minutes, with three minutes of time allowed prior to Council discussion and three minutes of time allowed subsequent to Council discussion but before the Chair calls for a vote. It is within the 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 a total of six minutes, with three minutes of time allowed prior to Council discussion and three minutes of time allowed subsequent to Council discussion but before the Chair calls for a vote. It is within the 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 shall also 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. 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. 6. Presentations by Town Manager Matters requiring the Council's attention which may have developed since the deadline for delivery of the written communication to the Council may be presented orally by the Town Manager for informational purposes only in accordance with Chapter 551 Texas Government Code. ORDINANCE 2009-16 6 7. Seating Arrangement The Town Manager, Town Secretary, and Town Attorney 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. F. Consideration of Ordinances, Resolutions and Motions 1. Printed or Typewritten Form All ordinances and resolutions shall be presented to the Town Council only in printed or typewritten form. 2. Town Attorney to Approve All ordinances and resolutions shall be approved as to form and legality by the Town Attorney. 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. 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. 5. Vote Required for Approval Approval of every ordinance, resolution, or motion shall require the affirmative vote of four (4) of the members of the Town Council in attendance. 6. Mayoral Vote The Mayor shall have a vote on all matters before the Council. 7. Conflict of Interest Should any person on the Town Council have a conflict 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. 8. Abstention from Voting Should any person on the Town Council abstain from voting on an agenda item where no conflict of interest under State law and/or Town ordinance exists, the person's vote shall be recorded as a negative vote in the minutes of the Council meeting. G. Rules of Decorum ORDINANCE 2009-16 7 1. Recognition by Chairman/Mayor No person shall address the Town Council without first being recognized by the Chairman/Mayor. 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. 3. Chairman/Mayor May Debate 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 (3) Council members, the Chairman/Mayor member must relinquish the chair in accordance with provisions of Robert's Rules of Order Newly Revised. 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. 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. H. Parliamentary Motions and Precedence 1. Discussion of Items Each agenda item shall be considered open for discussion when that item is announced by the Chairman/Mayor. 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 question". This action does not require a second. When the objection is made, the Chairman/Mayor shall immediately call the question: "Will the assembly consider this question?" If 2/3 of the members vote "no", the question cannot be introduced. An objection to consideration of a question must be made when the item is first introduced and before it has been debated. A motion for appropriate action shall be made after discussion of an item has been concluded. 2. Motions ORDINANCE 2009-16 8 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. 3. 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 person who seconds the motion 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. 4. 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. 5. 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. 6. 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. 7. 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. 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. I. Creation of Committees, Boards and Commissions 1. Council Committees ORDINANCE 2009-16 9 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. 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. 2008-22, as amended, 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 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. SECTION 3. SAVINGS AND REPEALER 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 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 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. SECTION 4. SEVERABILITY 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 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. 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 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 publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 6'h day of July, 2009. ORDINANCE 2009-16 10 ATTEST: Lisa Hennek, Town ecretary Town of Trophy Club, Texas APPROVED TO AS FORM: ~{GdJQdfl~ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORDINANCE 2009-16 Mayor, Connie White Town of Trophy Club, Texas [SEAL] 11