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ORD 2001-12ORDINANCE 2001-12 DR.. . I.. . . mm . .11 m ORI). 2001-14 07/02/2001 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2001-12 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO. 1999-33, ADOPTING A TOWN COUNCIL PROCEDURES POLICY FOR THE TOWN COUNCIL OF TROPHY CLUB; ESTABLISHING AND ADOPTING NEW PROVISIONS FOR A TOWN COUNCIL PROCEDURES POLICY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, is empowered under §51.001 of the Texas Local Government Code to adopt an ordinance or rule that is for the good government of the Town; WHEREAS, on December 21, 1999, the Town Council passed and approved Ordinance No. 1999-33, adopting a Town Council procedures policy; and WHEREAS, it has been determined to be in the best interest of the Town of Trophy Club, Texas, to repeal Ordinance No. 1999-33 and establish and adopt new provisions setting forth policy and procedures for the Town Council. 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. ADOPTION OF PROVISIONS That the Town Council procedures policy attached hereto as Exhibit "A" and incorporated herein for all intents and purposes has been established and is hereby adopted as the Town Council procedures policy for the Trophy Club Town Council. SECTION 3. CUMULATIVE, REPEALER That Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided however, that Ordinance No. 1999-33 is hereby QATOWNSECTending OrdinancesTouncil Proced Policy Ord 060401 ORD 2001-12.doc repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 1999-33 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the 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 application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting Town Council procedures policy, which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but niay be prosecuted until final disposition by the courts. SECTION 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law. AND IT IS SO ORDAINED PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 4"' day of Tune 2001. QATOwNSECTending OrdinanceslCouncil Proced Policy Ord 060401 ORD 2001-12.doc ATTEST: Town Secretary Town of Trophy Cd, Texas [SEAL] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Q:ITOWNSECIPending OrdinanceslCouncil Proced Policy Ord 060401 ORD 2001-12.doc EXHIBIT "A" RULES OF PROCEDURE 1. AUTHORITY 1.1 Ordinance: As stated in Ordinance number 1999-33 passed and approved on the 21St day of December 1999. 2. GENERAL RULES 2.1 Meetings to be Public: All official meetings of the Town Council and all sessions of a Committee of the Town Council shall be public. 2.2 Quorum: Three members of the Town Council shall constitute a quorum. 2.3 Compelling Attendance: Should a member of the Town Council absent himself/herself from three regular sessions in a given year May 1 through April 30 without leave of absence approved by the Town Council, except in case of sickness or work conflict, the Town Council shall have the power to declare such position vacant. 2.4 Misconduct: The Town Council may punish its own members for misconduct. 2.5 Minutes of Town Council Meetings: An account of all proceedings of the Town Council shall be kept by the Town Secretary and shall be entered into a book constituting the official record of the Town Council. 2.6 Questions to Contain One Sub'ect: All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 Right to Floor: Any Town Council member desiring to speak shall be recognized by the Chairman/Mayor. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 Town Manager: The Town Manager, or Acting Town Manager, shall attend all meetings of the Town Council unless excused. Town Council members may make recommendations to the Town Council and shall have the right to take part in all discussions of the Town Council, but shall have no vote. 2.9 Town Attorney: The Town Attorney, or Acting Town Attorney, shall attend all meetings of the Town Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The Town Attorney shall act as the Town Council's parliamentarian. SItiffany/hrophy club/ordinances/council procedures.ord 2, 10 Town Secretary: The Town Secretary, or Acting Town Secretary, shall attend all meetings of the Town Council unless excused, and shall keep the official minutes and perform such other duties as may be requested of him/her by the Town Council. 2.11 Officers and Employees: Any officer or employee of the Town; when requested by the Town Manager, shall attend any meeting of the Town Council. If requested to do so by the Town Manager, they may present information relating to matters before the Town Council. 2.12 Rules of Order: Robert's Rules of Order Newly Revised shall govern the proceedings of the Town Council. 2.13 Sus ension of Rules: Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the Town Council. The vote on any such suspension shall be taken by a show of hands and entered into the record. 2.14 Amendment to Rules: These rules may be amended, or new rules adopted by a majority vote of all members of the Town Council in attendance, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Town Council meeting. 3. TYPES OF MEETINGS 3.1 Regular Meetings: The Town Council shall meet in the Council/Board Room at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas an the first and third Monday of each month to be scheduled for 7.30 p.m. o'clock, unless otherwise officially changed by the Town Council, At 11:00 p.m. a record vote shall be taken to determine if the meeting shall continue past 11.00 P.M. 3.2 Special Meetings: Special meetings may be called by the Mayor or by any three members of the Town Council. The call for a special meeting shall be filed with the Town Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. S/tiffany//trophy club/ordinances/council procedures.ord 3.3 Emergency Meeting: In case of emergency or urgent public necessity, which shall be expressed in notice of the meeting, an emergency meeting shall be called by the Chairman/Mayor or on the application of three (3) members of the Town Council, and it shall be sufficient if the notice is posted two (2) hours before the meeting is convened. 3.4 Recessed Meetings: Any meeting of the Town Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.5 Public Hearings: All meetings shall be held in full compliance with the provisions of state law and ordinances of the Town. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. The Town Secretary shall set public hearing dates for the Town Council as requested, be responsible for timely advertising in the official newspaper, and notify interested parties according to requirements of the Town Council, 4. CHAIRMAN AND DUTIES 4.1 Chairman: The Mayor, if present, shall preside as Chairman at all meetings of the Town Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the Town Council shall elect a chairman. 4.2 Call to Order: The meetings of the Town Council shall be called to order by the Mayor, or in his absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the Town Secretary. 4.3 Preservation of Order: The Chairman shall preserve order and decorum, prevent personalities from becoming involved in debate and confine members in debate to the question under discussion. 4.4 Points of Order: The Chairman shall determine all points of order, subject to the right of any member to appeal to the Town Council. If any appeal is taken, the question shall be, "Shall the decision of the Chairman be sustained?" If a majority of the members present vote "no", the ruling of the chair is overruled; otherwise it is sustained. 4.5 Questions to be Stated: The Chairman shall state all questions submitted for a vote and announce the result. The announcement of the result will include the number of votes for, number of votes against and abstentions, or state if unanimous. Shiffany//trophy club/ordinances/council procedures.ord 4.6 Substitution of Chairman: The Chairman may call any other member to take his place in the chair, such substitution not to continue beyond adjournment. 5. ORDER OF BUSINESS 5.1 Agenda: The order of business of each meeting shall be as contained in the Agenda prepared by the Mayor. The agenda shall be a listing of topics to be considered by the Town Council and delivered to members of the Town Council each Thursday preceding the Monday meeting to which it pertains. 5.2 Presentations by Members of Town Council: The agenda shad provide a time when the Mayor or any Town Council member may bring before the Town Council any business that the Town Council member believes should be deliberated upon by the Town Council. These matters need not be specifically listed on the agenda, but formal action on such matters shall be deferred until a subsequent Town Council meeting. Immediate action may be taken upon a vote of two-thirds of all members of the Town Council who are present, provided that the requirements of Chapter 551 Texas Government Code have been met. 5.3 Agenda Deadline: Any Town Council member or Committee Chairperson desiring to present a subject for the Town Council's consideration shall advise the Town Secretary's office in writing of that fact not later than 10:00 a.m. on Friday, (10 days prior) to the meeting at which the Town Council member wishes the subject to be considered. 5.4 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 do not apply to citizens appearing at a public hearing being held by the Town Council pursuant to any official notice thereof. S/tiffany/hroplry club/ordinances/council procedures.ord 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. 5.5 Oral Presentations by Town Manage : Matters requiring the Council's attention or action which may have developed since the deadline for delivery of the written communication to the Council may, upon approval of the Council, be presented orally by the Town Manager. 5.6 Seating_ Arrangements: The Town Secretary, Town Attorney, and Chief of Police shall occupy the respective seats in the Council Chamber assigned to them by the Chairman/Mayor, but any two (2) or more of the Town Council may exchange seats. G. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 6.1 Printed or Typewritten Form: All ordinances and resolutions shall be presented to the Town Council only in printed or typewritten form. 6.2 Town Attorney to Approve. All ordinances and resolutions shall be approved as to form and legality by the Town Attorney. S/tiffany//trophy clublordinances/council procedures.ord 6.3 Distribution of Ordinances: The Town Secretary shall prepare copies of all proposed ordinances for distribution to all members of the Town Council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. 6.4 Recordinq of Votes: The show of hands shall be taken and entered upon the passage of all ordinances and resolutions and entered into the official record of the Council. 6.5 Majority of Vote Required: Approval of every ordinance, resolution, or motion shall require the affirmative vote of a majority of all members of the Town Council in attendance. 6.6 Tie Vote: In the event of a tie in votes on any motion, the Mayor may vote to break the tie. 7. RULES OF DECORUM 7.1 Recognition by ChairmanlMayor: No person shall address the Town Council without first being recognized by the Chairman/Mayor. 7.2 Order: While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Town Council nor disturb any member while speaking or refuse to obey the orders of the Chairman/Mayor. Members of the Town Council shall not leave their seats during a meeting without first obtaining the permission of the Chairman/Mayor. 7.3 Chairman/Mayor May Debate and Vote: The Chairman/Mayor may move only to such limitations of debate as are the rights and privileges of a Town Council member by reason of his acting as the Chairman/Mayor. If the Chairman/Mayor is engaged in debate and is abusing his position as chairman, at the insistence of any three Council members, the Chairman/Mayor member must relinquish the chair in accordance with provisions of Robert's Rules of Order Newly Revised. 7.4 Getting the Floor. Improper References to be Avoided: Every member desiring to speak shall address the chair, and upon recognition by the Chairman/Mayor shall confine himself/herself to the questions under debate, avoiding all personalities and inappropriate language. 7.5 Interruptions: A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the Town Council member shall cease speaking until the question of order be determined and, if in order, the Town Council member shall be permitted to proceed. S/tiffany//trophy club/ordinances/council procedures.ord 8. PARLIAMENTARY MOTIONS AND PRECEDENCE 1. To adjourn 2. To take a recess 3. To commit, refer, or recommit to committee 4. To amend 5. To amend an amendment 6. To postpone indefinitely 7. To table 8. Calling the question 8.1 Motions: After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. A "Second" to the motion must be made by another Town Council member within a reasonable but brief time period. Without a "second" the motion dies. No main motion can be made when another motion is pending. 8.2 Withdrawal of Motions: A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Chairman/Mayor. If the mover modifies his motion, the seconder may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the Council. 8.3 Statim the Question: In principle, the Chairman/Mayor must state the question on a motion immediately after it has been made and seconded, unless the Council member is obligated to rule that the motion is out of order or if the wording is not clear. 8.4 Amendments to Motions: No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 8.5 Debate: Debate must be limited to the merits of the immediately pending question as stated by the chair and by authority of the Chairman/Mayor. 8.6 Calling for the Questions: The Chairman/Mayor may "call for the question" without a vote if debate appears to have closed and if there are not objections by any Council member. Any Council member may "call for the question" to take the vote on the immediately pending question and such other questions as are specified in the motion. The Chairman/Mayor then shall take a vote of the Council to close debate. S/tiffany//trophy club/ordinances/council procedures.ord A Majority Vote Requires 2"d Debatable Amendable of Those Present Yes No No Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes No Yes Yes No No Yes No No No Yes 8.1 Motions: After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. A "Second" to the motion must be made by another Town Council member within a reasonable but brief time period. Without a "second" the motion dies. No main motion can be made when another motion is pending. 8.2 Withdrawal of Motions: A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Chairman/Mayor. If the mover modifies his motion, the seconder may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the Council. 8.3 Statim the Question: In principle, the Chairman/Mayor must state the question on a motion immediately after it has been made and seconded, unless the Council member is obligated to rule that the motion is out of order or if the wording is not clear. 8.4 Amendments to Motions: No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 8.5 Debate: Debate must be limited to the merits of the immediately pending question as stated by the chair and by authority of the Chairman/Mayor. 8.6 Calling for the Questions: The Chairman/Mayor may "call for the question" without a vote if debate appears to have closed and if there are not objections by any Council member. Any Council member may "call for the question" to take the vote on the immediately pending question and such other questions as are specified in the motion. The Chairman/Mayor then shall take a vote of the Council to close debate. S/tiffany//trophy club/ordinances/council procedures.ord 8.7 Point of Order or Parliamentary Inquiry: A member may interrupt debate for immediate consideration of questions relating to rights and privileges of the assembly. The Chairman/Mayor will decide the question or may refer to the Town Attorney for a ruling. The Chairman/Mayor's decision is subject to appeal to the Town Council. 9. CREATION OF COMMITTEES. BOARDS AND COMMISSIONS 9.1 Council Committees: The Council may, as the need arises, authorize the appointment of "ad hoc" committees. Except where otherwise specifically provided, the Mayor shall appoint the members of the "ad hoc" committees, subject to the approval of the Town Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Town Council. 9.2 Citizen Boards, Commissions, and Committees: The Town Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the Town government with such duties as the Council may specify. Memberships and selection of members shall be as provided by the guidelines in Resolution No. 199936 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. SItiffanylAlrophy club/ordinances/council procedures.ord