01-08-2013 Agenda with BackupSCHERTZ CITY COUNCIL
REGULAR SESSION
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
01-08-2013 Council Agenda
AGENDA
TUESDAY JANUARY 8, 2013 AT 6:00 P.M.
The City Council may, for its convenience or for the convenience of City Staff or persons in
attendance, modify the order in which items on the agenda are considered by the City
Council.
Call to Order – Regular Session – 6:00 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
• Announcements and recognitions by City Manager (J. Kessel)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker’s register prior to the meeting. Presentations should be limited to
no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding
officer, during the Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Discussion and/or Action Items
1. Resolution No. 13-R-01 – Consideration and/or action approving a Resolution
appointing Katherine Tapley, an attorney with the law firm of Fulbright & Jaworski
L.L.P., as the City Attorney of the City for Schertz; and other matters in connection
therewith. (J. Kessel/D. Harris/B. Dennis)
01-08-2013 City Council Agenda Page - 2 -
Oath of Office - Oath of Office administered to newly appointed City Attorney
Katherine Tapley– (B. Dennis)
Consent Agenda Items
The Consent Agenda is considered to be self-explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request by the Mayor or a Councilmember.
2. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of December 18, 2012. (J. Kessel/B. Dennis)
3. Ordinance No. 12-M-33 – Consideration and/or action approving an Ordinance
setting uniform dates for the end of terms of members of certain City Boards,
Commissions, and Committees; repealing all ordinances or resolutions or parts of
ordinances or resolutions in conflict with this ordinance, and providing an effective
date. Final Reading (D. Harris/B. Dennis/C. Raleigh)
4. Ordinance No. 12-M-34 - Consideration and/or action approving an Ordinance
authorizing amended City Council Rules of Conduct and Procedure to include
procedures for filling a vacancy on City Council and for the appointment of a Mayor
Pro-Tem; repealing all ordinances or parts of ordnances in conflict with the
ordinance, and other matters in connection therewith and providing an effective date.
Final Reading (D. Harris/B. Dennis/C.Raleigh)
5. Resolution No. 13-R-02 – Consideration and/or action approving a Resolution
authorizing an Interlocal Agreement for Designation of Health Authority with Bexar,
County, Texas, the City of San Antonio, Texas, and various other cities located in
Bexar County, Texas; designating Dr. Thomas Schlenker, M.D., as the Health
Authority for the City of Schertz, Texas pursuant to Health and Safety Code Chapter
121 to provide Emergency Assistance to the City of Schertz in accordance with the
terms of the Interlocal Agreement; and other matters in connection therewith. (J.
Bierschwale/D. Wait)
Workshop Item
• Discussion, direction, and/or action regarding filling the vacant Place 5 City Council
position. (M. Carpenter/Council)
Roll Call Vote Confirmation
Executive Session
Called under:
Section 551.071 Texas Government Code - Deliberation regarding litigation, pending or
contemplated litigation;
01-08-2013 City Council Agenda Page - 3 -
Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property, or real estate;
Section 551.074 Texas Government Code - Deliberation regarding personnel matters,
policies, duties, employment, and evaluation of certain public officials and employees;
Section 551.074 Texas Government Code – Deliberation regarding personnel matters
and the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the City Secretary.
Section 551.087 Texas Government Code – Deliberation regarding Economic
Development Negotiations.
Reconvene into Regular Session
6. Take any action deemed necessary as a result of the Executive Session.
Requests and Announcements
7. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
9. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
10. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Adjournment
CERTIFICATION
I, CYNTHIA RALEIGH, DEPUTY CITY SECRETARY OF THE CITY OF SCHERTZ,
TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND
POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 4th DAY OF
JANUARY 2013 AT 3:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE
01-08-2013 City Council Agenda Page - 4 -
PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE
WITH CHAPTER 551, TEXAS GOVERNMENT CODE.
Cynthia Raleigh
Cynthia Raleigh, Deputy City Secretary
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON _____DAY OF _______________,2013.
____________________________Title:__________________________
This facility is accessible in accordance with the Americans with Disabilities Act.
Handicapped parking spaces are available. If you require special assistance or
have a request for sign interpretative services or other services please call 210
619-1030 at least 24 hours in advance of meeting.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
TIRZ II Board
Hal Baldwin Scholarship Committee
Audit Committee
Investment Advisory Committee
Mayor Pro-Tem Antuna - Place 3
Audit Committee
ASA Commuter Rail District Board – Lone Star
Schertz Seguin Local Government Corporation
Councilmember Fowler – Place 1
Interview Board for Boards and Commissions
Schertz Housing Board Liaison
Councilmember Scagliola – Place 2
Animal Control Advisory Committee
Interview Board for Boards and Commissions
Sweetheart Advisory Committee
Cibolo Valley Local Government Corporation
Councilmember Edwards – Place 4
Investment Advisory Committee
Audit Committee
Hal Baldwin Scholarship Committee
Councilmember – Place 5 Vacant
50592860.2 1
RESOLUTION NO. 13-R-01
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPOINTING KATHERINE TAPLEY, AN
ATTORNEY WITH THE LAW FIRM OF FULBRIGHT & JAWORSKI
L.L.P., AS THE CITY ATTORNEY OF THE CITY OF SCHERTZ; AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the
City appoint Katherine Tapley, an attorney with the law firm of Fulbright & Jaworski L.L.P., as
the City Attorney of the City of Schertz; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
appoint Katherine Tapley, an attorney with the law firm of Fulbright & Jaworski L.L.P., as the
City Attorney of the City of Schertz.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby appoints Katherine Tapley, an attorney with the
law firm of Fulbright & Jaworski L.L.P., as the City Attorney of the City of Schertz.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
50592860.2 2
PASSED AND ADOPTED, this 8th day of January, 2013.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: January 8, 2013
Department: City Manager/City Council
Subject: Resolution No. 13-R-01
Appointment of a City Attorney
BACKGROUND
Section 6.03 of the City Charter states that the City Council shall appoint a City Attorney for an
indefinite period of time to serve as the chief legal advisor for the City, the City Council, the City
Manager, and his/her staff.
Michael Spain, the current City Attorney and a partner with the law firm of Fulbright & Jaworski
L.L.P., was appointed as the City Attorney in 1988. He retired from the law firm on December
31, 2012, and he is also retiring as the City Attorney of the City on January 8, 2013.
The City Manager recommends that the City Council appoint Katherine Tapley, a Senior
Associate with the law firm of Fulbright & Jaworski L.L.P., as his replacement. A copy of Ms.
Tapley’s bio is attached.
Additionally, the City Council may wish to entertain soliciting Requests for Qualifications from
law firms. If so, the City Staff recommends timing this process to coincide with the adoption of
the budget.
Goal
Appoint Katherine Tapley as the City Attorney of the City of Schertz.
Community Benefit
Provide for continuity of service for the City’s legal needs.
Summary of Recommended Action
Staff recommends Council approve Resolution No. 13-R-01.
FISCAL IMPACT
This is a budgeted item in multiple funds of the City including the General Fund, Water &
Sewer, and Economic Development.
RECOMMENDATION
Approve Resolution No. 13-R-01
ATTACHMENT(S)
Resolution No. 13-R-01
Katherine Tapley’s Bio
In the name and by the authority of
The State of Texas
OATH OF OFFICE
I Katherine Tapley, do solemnly swear (or affirm), that I will faithfully
execute the duties of City Attorney, for the City of Schertz, and will to the
best of my ability preserve, protect, and defend the Constitution and laws
of the United States and of this State, so help me God.
___________________________________
Affiant
SWORN TO and subscribed before me by affiant on the 8th day of January
2013.
______________________________________
Signature of Person Administering Oath
(Seal) ____________________________________
Printed Name
____________________________________
Title
Form #2204
BIOGRAPHY: Katherine A. Tapley
Katherine A. Tapley
ktapley@fulbright.com
D: +1 210 270 7191
San Antonio
300 Convent Street
Suite 2100
San Antonio, TX 78205-3792
T: +1 210 224 5575
F: +1 210 270 7205
Experience
• Purchase and sale of commercial
and multi-family residential
property
• Real estate title issues
• Condominium regimes
• Workouts and modifications
• Foreclosures and related
remedial measures
• Easements and restrictions
• Leasing
• Vested Rights
• Land Use and Land Planning
• Municipal Law
Industries
• Real Estate
• Manufacturing
• Government
• Banking and Finance
• Retail
• Wholesale
Katherine A. Tapley
Sr. Associate
AREAS OF CONCENTRATION
• Real Estate
• Municipal Law
EXPERIENCE
Katherine joined the San Antonio location of Fulbright & Jaworski L.L.P. in 2007.
As a senior associate, she works with the firm's real estate and municipal law
practice groups. Her practice focuses on all aspects of commercial and multi-
family residential real estate matters and condominium regimes, including
development, acquisition, disposition, leasing, financing and operation of
improved and unimproved real property, and foreclosures and related remedial
matters, as well as a wide variety of municipal law issues. In addition, Katherine is
the Assistant City Attorney for the City of Schertz, Texas (San Antonio's largest
suburb).
Prior to attending law school, Katherine worked in marketing for industries
including optometry/ophthalmology, semiconductors and electronic design
automation, Internet technologies, digital photography and financial services.
While in law school, Katherine served as a judicial intern for the Honorable
Emilio Garza, United States Court of Appeals for the Fifth Circuit, as well as a
judicial intern for the Honorable Leif Clark, United States Bankruptcy Court for
the Western District of Texas.
REPRESENTATIVE EXPERIENCE
Katherine's recent projects include representation of clients in connection with
matters concerning the:
• representation of various governmental entities on a wide range of real estate,
land use, financing, economic development and contracting issues;
• annexation and related development agreements in lieu of annexation of
approximately 3,300 acres;
• establishment of new commercial development, including negotiation and
drafting of commercial easements, covenants, and restrictions and negotiation
and drafting of owners' association declaration and related documentation;
• representation of lenders and borrowers in connection with negotiation and
drafting of new loan documents, as well as loan documents related to loan
modifications and workouts;
• workout related to property portfolio consisting of more than ninety
properties;
BIOGRAPHY: Katherine A. Tapley
• negotiation and drafting of commercial sales contracts and leases;
• sale of undeveloped land;
• sale and acquisition of real property assets in multiple states associated with
stock and asset purchases;
• creation of new condominium regimes; and
• negotiation and drafting of various easement agreements, use restriction
agreements, license agreements and access agreements.
PROFESSIONAL ACTIVITIES AND MEMBERSHIPS
• Leadership San Antonio - Class 35
• American Bar Association
• State Bar of Texas
• Real Estate Legislative Affairs Committee of the Real Estate, Probate
and Trust Law Section (2009 - 2012)
• 23rd Annual Advanced Real Estate Drafting Course Planning
Committee
• San Antonio Bar Association
• Publications Committee Member (2008 - 2012)
• Bexar County Women's Bar Association
• Texas City Attorneys Association
• Real Estate Council of San Antonio
PROFESSIONAL HONORS
• "40 Under 40," The San Antonio Business Journal (2011)
• "Texas Rising Star," Thomson Reuters (2012)
• "The Legal 500: United States – Real Estate," Legalease (2011)
• College of the State Bar of Texas (2010 - present)
• "Rising Star," Scene in SA (2009, 2012)
PUBLICATIONS
• "New Law Complicates Foreclosure Sales in Texas," St. Mary's Law Journal,
41 St. Mary's L.J. 525 (2010)
• "Foreclosure Sales May Face Trouble," San Antonio Express-News, August
25, 2009
• "Automatic Tolling of the Voluntary Departure Period - A Circuit Split"
Recent Development, St. Mary's Law Journal, 39 St. Mary's L.J. 185 (2007)
BIOGRAPHY: Katherine A. Tapley
SPEECHES
• "Legal Issues Facing Texas Cities Q&A," Texas Municipal League, Region 7
Conference, Schertz, Texas, April 13, 2012
• "Mixed Use Master Plan Developments – An Overview of Drafting Issues,"
Advanced Real Estate Drafting Course, Irving, Texas, March 1, 2012
• "Legal Issues Facing Texas Cities," Texas City Managers Association Annual
Meeting, Salado, Texas, February 16, 2012
• "2011 Real Estate Legislative Update," South Texas College of Law 26th
Annual Real Estate Law Conference, Houston, Texas, June 2, 2011
• "Legal Issues for Small Businesses," San Antonio Women's Chamber of
Commerce, Smart Women Series, San Antonio, Texas, April 20, 2011
• "The Law of Easements," Texas Land Law for Civil Engineers and Land
Surveyors, San Antonio, Texas, March 26, 2010
• "Gifting Real Estate to the San Antonio Area Foundation," John Thurman's
Real Estate Focus Radio Talk Show AM930 KLUP, San Antonio, Texas, July
11, 2009
• "Real Estate Legislative Update: What You Need To Know"
• Fulbright & Jaworski L.L.P. Breakfast Briefing, San Antonio, Texas,
June 16, 2009
• Fulbright & Jaworski L.L.P. Luncheon Briefing, Austin, Texas, June
16, 2009
• Fulbright & Jaworski L.L.P. Luncheon Briefing, Houston, Texas, June
23, 2009
EDUCATIONAL BACKGROUND
2007 - J.D., summa cum laude, St. Mary's University School of Law
1999 - B.A., B.J., French and Journalism with Public Relations Concentration,
The University of Texas at Austin
While in law school, Katherine served as the Solicitation and Articles Editor (2006
- 2007) and Staff Writer (2005 - 2006) for the St. Mary's Law Journal. She was a
member of Phi Delta Phi and the John M. Harlan Honor Society. Katherine was
awarded the Pro Bono Achievement Award.
Katherine is admitted to practice law in Texas.
BIOGRAPHY: Katherine A. Tapley
CIVIC INVOLVEMENT
• SAMMinistries
• Board of Directors (2008 - present)
• Secretary, Board of Directors (2009 - 2012)
• Member, Development Committee
• Pro Bono Legal Counsel on Various Matters
• Autism Community Network
• Board of Directors (2008 - present)
• President, Board of Directors (2012)
• Vice President, Board of Directors (2011)
• Secretary, Board of Directors (2008 - 2011)
• Pro Bono Legal Counsel on Various Matters
• San Antonio Area Foundation, Real Estate Service Board of Directors (2009 -
present)
• Community Justice Program - Family Law and Wills Clinic Pro Bono
Volunteer (2008 - present)
• Susan G. Komen San Antonio - Race for the Cure - Fulbright &
Jaworski L.L.P. Team Captain (2009 - 2012)
• Junior League of San Antonio (2008 - 2011)
• Austin Habitat for Humanity, Board of Directors (2002 - 2004)
• Chairman, Home on the Green Golf Tournament, Austin Habitat for Humanity
(2001, 2003)
• International Association of Business Communicators - Austin Chapter, Board
of Directors (2001 - 2004)
Austin
Beijing
Dallas
Denver
Dubai
Hong Kong
Houston
London
Los Angeles
Minneapolis
Munich
New York
Pittsburgh-
Southpointe
Riyadh
San Antonio
St Louis
Washington, D.C.
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: January 8, 2013
Department: City Secretary
Subject: Minutes
BACKGROUND
The City Council held a regular meeting on December 18, 2012.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the regular meeting on December 18, 2012.
ATTACHMENT
Minutes –regular meeting December 18, 2012
12-18-2012 Minutes
MINUTES
REGULAR MEETING
December 18, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December
18, 2012, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Michael R. Carpenter Mayor Pro-Tem George Antuna
Councilmember Jim Fowler Councilmember David Scagliola
Councilmember Cedric Edwards
Staff Present: City Manager John C. Kessel
Executive Director John Bierschwale Executive Director David Harris
Executive Director Brian James Chief of Staff Bob Cantu
City Attorney Michael Spain City Secretary Brenda Dennis
Deputy City Secretary Cynthia Raleigh
CALL TO ORDER:
Mayor Carpenter called the Regular Meeting to order at 6:01 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the
United States and the State of Texas.
Presentations
• Presentation regarding the BVYA Cheerleader State Championship (Jeff Smith – BVYA)
Mayor Carpenter recognized Mr. & Mrs. Smith with Buffalo Valley Youth Association who
presented the Cheerleader State Championship award winner squads. Mayor and Council
congratulated those who were present.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director Bryan James who announced the upcoming
soft opening of the Playscape on Friday, December 21, 2012. He stated that in January the City
will host a formal ribbon cutting.
12-18-2012 Minutes
Mayor Carpenter recognized Executive Director David Harris who reminded Council of the
Schertz Jingle and Mingle at the Civic Center Thursday, December 20, 2012 3:30 p.m. to 6:00
p.m.
Executive Director David Harris recognized Events Coordinator Mary Spence who announced
that on Saturday, December 22, 2012, the Schertz Sweetheart Court will share their holiday
spirit with residents of Autumn Winds Retirement Home and Silver Tree Nursing &
Rehabilitation.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who read a memo recognizing the
efforts of the 311 employees.
Mr. Kessel stated that the City had received a refund check from Guadalupe Blanco River
Authority (GBRA) for the reduction in Northcliffe wastewater plant. He thanked the efforts of
the Public works crews.
Mr. Kessel stated that the Playscape came in under budget saving the city $160,000 and goes to
our Owners’ Representative Phil Gaudreau.
Mr. Kessel stated that the City recently visited with the Schertz-Cibolo-Universal City
Independent School District and the City of Cibolo to go over and reevaluate their Emergency
Response Plans. He stated that everyone was on board with the plan in place and the
enhancements they discussed. Mr. Kessel complimented the City of Cibolo and the School
District.
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should fill
out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council may be
requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in
the order they have registered.
Mayor Carpenter recognized the following people who spoke:
• Mrs. Clare Layton, 12231 Lost Meadows Drive, who expressed holiday greetings.
12-18-2012 Minutes
• Mr. Robert Salas, 1041 Gettysburg, spoke if the City would be hosting counseling regarding
the past tragedy. City Manager John Kessel provided brief comments regarding suggested
locations Mr. Salas and the community could seek counseling services.
Workshop Items
• Discussion regarding a non-exclusive franchise with Bexar Waste. (J. Bierschwale/S.
Willoughby)
Mayor Carpenter recognized Public Works Director Sam Willoughby and Executive Director
John Bierschwale who presented a PowerPoint presentation regarding the current franchise
agreement and the proposed agreement. Mayor, Council and Staff discussed this in great
length and recommended that staff come back at the next meeting with the proposed changes
and suggestions for first reading of the franchise agreement.
Mayor Carpenter recognized Councilmember Fowler who asked if agenda item 5 could be removed
from the consent agenda. Mayor Carpenter also stated that staff asked that agenda item 6 be removed
from the consent agenda. Mayor and Council concurred.
Consent Agenda Items
The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one
motion. There will be no separate discussion of these items unless they are removed from the Consent
Agenda upon the request by the Mayor or a Councilmember.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of December 11, 2012. (J. Kessel/B. Dennis)
2. Resolution No. 12-R-118 – Consideration and/or action approving a Resolution authorizing
the purchase of a new Ford F750 Water Truck with Southwest Ford and other matters in
connection therewith. (J. Bierschwale/S. Willoughby)
The following was read into record:
RESOLUTION NO. 12-R-118
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PURCHASE OF A NEW FORD F750 WATER TRUCK FROM
SOUTHWEST FORD AND OTHER MATTERS IN CONNECTION THEREWITH
3. Resolution No. 12-R-112 – Consideration and/or action approving a Resolution authorizing an
agreement renewal and extension with Clear Vision Printing for utility billing printing and
mailing (J. Bierschwale/S. Willoughby)
The following was read into record:
12-18-2012 Minutes
RESOLUTION NO. 12-R-112
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CLEAR
VISIONS INC. RELATING TO THE SERVICES FOR PRINTING, BINDING AND
DELIVERY OF UTILITY BILLS TO THE UNITED STATES POSTAL SERVICE AND
OTHER MATTERS IN CONNECTION THEREWITH
4. Ordinance No. 12-T-32 – Consideration and/or action approving an Ordinance authorizing a
budget adjustment to the General Fund to establish the Public Works Building Maintenance
Division. Final Reading (J. Bierschwale/D. Harris)
The following was read into record:
ORDINANCE NO. 12-T-32
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO THE GENERAL FUND TO
ESTABLISH THE PUBLIC WORKS - BUILDING MAINTENANCE DIVISION;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
7. Resolution No. 12-R-121 – Consideration and/or action approving a Resolution authorizing
the purchase of water meters from Hydropro Solutions. (J. Bierschwale/S. Willoughby)
The following was read into record:
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro-
Tem Antuna to approve the consent agenda items 1, 2, 3, 4, and 7. The vote was unanimous
with Mayor Pro-Tem Antuna, Councilmembers Fowler, Scagliola, and Edwards voting yes
and no one voting no. Motion carried.
RESOLUTION NO. 12-R-121
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PURCHASE OF WATER METERS FROM HYDROPRO
SOLUTIONS, A SOLE SOURCE PROVIDER AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve Ordinance No. 12-T-32 on first reading. The vote was
unanimous with Councilmembers Fowler, Scagliola, and Edwards voting yes and no one
voting no. Motion carried.
Discussion and/or Action Items
12-18-2012 Minutes
5. Resolution No. 12-R-119 – Consideration and/or action approving a Resolution authorizing an
Encroachment Agreement with Raising Cane’s and other matters in connection therewith. (J.
Bierschwale/S. Willoughby)
The following was read into record:
RESOLUTION NO. 12-R-119
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN ENCROACHMENT AGREEMENT WITH RAISING CANE’S
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Fowler who addressed questions to staff
regarding other underground utilities that were possibly located in the easement. Executive
Director John Bierschwale stated that he was sure that there were no underground utilities or
high voltage areas in the easement. He stated that these were parallel with FM 3009.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember
Scagliola to approve Resolution No. 12-R-119. The vote was unanimous with Mayor Pro-Tem
Antuna, Councilmembers Fowler, Scagliola, and Edwards voting yes and no one voting no.
Motion carried.
6. Resolution No. 12-R-120 – Consideration and/or action approving a Resolution authorizing
agreements regarding water and sewer facilities with La Salle Partners, LTD, and Rolling Hills
Ranch, LTD, and other matters in connection therewith. (B. James/B. James)
The following was read into record:
RESOLUTION NO. 12-R-120
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AGREEMENTS REGARDING WATER AND SEWER FACILITIES
WITH LA SALLE PARTNERS. LTD AND ROLLING HILLS RANCH, LTD, AND
OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Brian James who stated that he had provided
hard copies of updated agreements this evening. He also provided clarification to the cover
memo.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember
Edwards to approve Resolution No. 12-R-120. The vote was unanimous with Mayor Pro-Tem
Antuna, Councilmembers Fowler, Scagliola, and Edwards voting yes and no one voting no.
Motion carried.
8. Ordinance 12-M-33 – Presentation and consideration and/or action approving an Ordinance
setting uniform dates for the end of terms of members of certain City Boards, Commissions,
and Committees; repealing all Ordinances or Resolutions or parts of ordinances or resolutions
12-18-2012 Minutes
in conflict with this ordinance, and providing an effective date. First Reading (D. Harris/B.
Dennis/C. Raleigh)
The following was read into record:
ORDINANCE NO. 12-M-33
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
SETTING UNIFORM DATES FOR THE END OF TERMS OF MEMBERS OF
CERTAIN CITY BOARDS, COMMISSIONS, AND COMMITTEES; REPEALING
ALL ORDINANCES OR RESOLUTIONS OR PARTS OF ORDINANCES OR
RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
Mayor Carpenter recognized City Secretary Brenda Dennis who introduced Deputy City
Secretary Cindy Raleigh who provided a brief PowerPoint presentation outlining the proposed
changes to the current ordinance regarding the boards, commission and committees.
Mayor Carpenter recognized Mayor Pro-Tem Antuna who moved, seconded by Councilmember
Fowler to approve Ordinance No. 12-M-33 on first reading. The vote was unanimous with
Mayor Pro-Tem Antuna, Councilmembers Fowler, Scagliola, and Edwards voting yes and no
one voting no. Motion carried.
9. Ordinance No. 12-M-34 - Presentation and consideration and/or action approving an
Ordinance authorizing amended City Council Rules of Conduct and Procedure to include
procedures for filling a vacancy on City Council and for the appointment of a Mayor Pro-Tem;
repealing all Ordinances or Parts of Ordnances in conflict with the Ordinance, and other
matters in connection therewith and providing an effective date. First Reading (D. Harris/B.
Dennis/C. Raleigh)
The following was read into record:
ORDINANCE NO. 12-M-34
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY
COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Deputy City Secretary Cindy Raleigh who provided a brief
PowerPoint outlining the proposed changes to the City Council Rules of Conduct and
Procedures. Mayor, Council and staff discussed this at length and proposed the following
changes for final reading:
Section 5.1 (b) – delete “have experienced at least one (1) election cycle” and change “to be an
elected member of Council”.
12-18-2012 Minutes
Section 5.1 (d) after word “vacant” add “or is held by a Councilmember who is not qualified to
serve as Mayor Pro-Tem”.
Section 5.1 (f) –after the word a add “two-thirds (2/3)”, and after majority vote, add “of the
members of Council” delete “if he or she fails to be in good standing with the Council per
Section 4.06(b) of the City Charter.”
Section 5.1 (g) – add at end of sentence, “by resolution or rule”.
Section 5.2 (j) – add at end of sentence, “by resolution or rule.”
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 12-M-34 on first reading with the changes.
The vote was unanimous with Mayor Pro-Tem Antuna, Councilmembers Fowler, Scagliola,
and Edwards voting yes and no one voting no. Motion carried
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items
1, 2, 3, 4, 5, 6, and 7.
Executive Session
Mayor Carpenter recessed the regular meeting into executive session at 7:52 p.m.
Called under:
Section 551.071 Texas Government Code Litigation, pending or contemplated litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale,
lease, or value of real property, or real estate;
Section 551.074 Deliberation regarding personnel matters, policies, duties, employment, and
evaluation of certain public officials and employees;
Section 551.087 Texas Government Code – Deliberation regarding Economic Development
Negotiations.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 9:24 p.m.
10. Take any action deemed necessary as a result of the Executive Session.
Mayor Carpenter recognized Councilmember Edwards who moved to call a special meeting for
December 27, 2012 at 6:00 p.m. Motion failed due to lack of second.
Requests and Announcements
12-18-2012 Minutes
11. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who wished everyone a very Merry
Christmas.
12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.
Mayor Carpenter requested that a discussion and action item be prepared for the next
meeting for Council consideration regarding filling the vacancy on Council.
13. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No items requested.
14. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Carpenter recognized Mayor Pro-Tem Antuna who stated he attended the following
event:
• Thursday, December 13, 2012, Northeast Partnership Meeting
Mayor Carpenter recognized Councilmember Fowler who stated he attended the following
event:
• Saturday, December 15, 2012, he attended the Cibolo Creek FFA Chapter Show &
Craft Fair event at the Toby Conner Ag Complex.
Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following
event:
• Saturday, December 15, 2012, he attended the Cibolo Creek FFA Chapter Show &
Craft Fair event at the Toby Conner Ag Complex.
• Sunday, December 16, 2012, he and Mayor Carpenter were able to sit down with
Cibolo staff and went over points of interest during a meet and greet reception.
12-18-2012 Minutes
Adjournment
As there was no further business, the meeting was adjourned at 9:32 p.m.
___________________________________
Mayor, Michael R. Carpenter
ATTEST:
___________________________________________
Brenda Dennis, City Secretary
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: January 8, 2013
Department: City Secretary
Subject: Ordinance No. 12-M-33 - City Boards,
Commissions, and Committees: End of
Members’ Terms (Final Reading)
BACKGROUND
As presented to City Council on November 19, 2012, attached are the documents to change the
end of term dates for certain City Boards, Commissions, and Committees. City Staff
recommends that the terms of all members of City Boards, Commissions, and Committees other
than the Schertz Housing Authority (to which appointments are made by the Mayor) and the
Economic Development Corporation (which will be modified by separate ordinance).should, for
uniformity, end on May 31.
Council extended the terms that were due to expire on November 30, 2012 to January 31, 2013.
Interviews to fill vacancies will be held on January 11, 2013. When members are reappointed or
a new member is appointed to the vacant or expired position, the end of the term date will
become May 31, 2014.
Interviews for terms which were previously to expire on November 30, 2013 (but will now
expire on May 31, 2013) will be conducted in March/April of 2013. When one of these members
is re-appointed or if a new member is appointed in the vacant or expired position, the term date
will become May 31, 2015. This will provide a uniform system for appointments to City Boards,
Commissions, and Committees while maintaining staggered terms to help alleviate any
confusion that may occur with the change.
After appointments are made in May, all members serve a two-year term on their perspective
board or commission.
Please see table below that outlines the changes:
Current Term End Date Interview Date New Term End Date
November 30, 2012 January 2013 May 31, 2014
November 30, 2013 April 2013 May 31, 2015
City Council Memorandum
Page 2
Even Year Expiration – Board/Commission member will get an additional six (6) months
added to their term for 2012-2014 term only.
Odd Year Expiration – Board/Commission member will lose six (6) months from their term
for 2013-2015 term only.
The Boards, Commissions, and Committees that are affected by the change per Exhibit A on
Ordinance No. 12-M-33 are:
Planning and Zoning Commission
Board of Adjustment
Parks and Recreation Advisory Board
Library Advisory Board
Transportation Safety Advisory Commission
Historical Preservation Committee
City Council approved this on first reading at their meeting of December 18, 2012.
FISCAL IMPACT
None
RECOMMENDATION
Approval of final reading of Ordinance No. 12-M-33
ATTACHMENT
Ordinance No. 12-M-33
ORDINANCE NO. 12-M-33
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS SETTING UNIFORM DATES FOR THE END OF
TERMS OF MEMBERS OF CERTAIN CITY BOARDS, COMMISSIONS,
AND COMMITTEES; REPEALING ALL ORDINANCES OR
RESOLUTIONS OR PARTS OF ORDINANCES OR RESOLUTIONS IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Schertz, Texas (the “City”) has established the various Boards,
Commissions, and Committees set forth on Exhibit A attached hereto and incorporated herein
(collectively, the “Boards”), which Boards are composed of volunteer members; and
WHEREAS, currently, the terms for the members of each of the Boards ends on
November 30 of the year in which the applicable members’ term expires; and
WHEREAS, for uniformity and ease of tracking, the City Staff recommends that the end
date of the terms of the members of each of the Boards should be changed to May 31 of the year
in which the members’ term expires;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The end date of the terms of the members of each of the Boards is hereby
changed to May 31 of the year in which a members term ends.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances, resolutions, and codes, or parts thereof, which are in conflict
or inconsistent with any provision of this Ordinance authorized herein are hereby repealed to the
extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to
the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 18th day of December, 2012.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 8th day of
January, 2013.
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(Seal of City)
A-1
EXHIBIT A
Boards, Commissions, and Committees New Term End Date
Planning and Zoning Commission May 31
Board of Adjustment May 31
Parks and Recreation Advisory Board May 31
Library Advisory Board May 31
Transportation Safety Advisory Commission May 31
Historical Preservation Committee May 31
Ordinance 11-M-10.doc
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: January 8, 2013
Department: City Secretary
Subject: Ordinance No. 12-M-34 An
Ordinance authorizing amended City
Council Rules of Conduct and
Procedure: repealing all ordinances
or parts of ordinances in conflict
with this ordinance. (Final Reading)
BACKGROUND
At the December 18, 2012, Council Meeting Council approved Ordinance No. 12-M-34 on first
reading regarding the procedures for appointing a Mayor Pro-Tem and a Councilmember.
Appointment Procedure for a Mayor Pro-Tem
• The Council will discuss, and with a majority vote, appoint the Councilmember to serve
as the Mayor Pro Tem for the City.
• The appointed Mayor Pro Tem must be a Councilmember and must meet the
qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the
position of Mayor Pro Tem, a Councilmember must be an elected member of Council.
• Term dates for the Mayor Pro Tem position will begin in February and August of each
year (the election dates offset by three (3) months). Terms will sequentially rotate
according to Councilmember place.
• If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is
held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro
Tem appointment will go to the next qualified Councilmember.
• The position will have a term of office of six (6) months.
• The appointed Mayor Pro Tem may be removed by Council by a two-thirds (2/3)
majority vote of the members of Council at any time during his or her term.
• Council reserves the right to alter this procedure at any time by resolution or rule.
City Council Memorandum
Page 2
Appointment Procedure for a Councilmember
• The Council may appoint a Councilmember to a vacant seat as authorized by Section
4.06 of the City Charter.
• The Council will announce and advertise on the City’s website and in the City’s
newspaper of record that applications are being accepted for a vacant position on
Council.
• A due date for applications to be submitted will be set.
• Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of
the City Charter.
• Applications will be received by the City Secretary’s office and distributed to all
Councilmembers.
• An interview date will be set and posted for a public meeting.
• Interviews of prospective candidates will be held in a public forum by a quorum of
Councilmembers.
• Councilmembers will discuss, and appoint by majority vote, the new member of Council
at either the same meeting as the interviews or at a subsequent Council meeting.
• The Council is the final judge of whether a candidate is qualified to serve as a
Councilmember as set forth in Section 4.03 of the City Charter.
• Council reserves the right to alter this procedure at any time by resolution or rule.
Staff has incorporated these procedures into the proposed Council Rules and Procedures as well
as created an Ordinance to amend the Rules and Procedures.
Goal
To amend the Council Rules and Procedures to include both the Mayor Pro-Tem and
Councilmember appointment procedures.
Community Benefit
Establish procedures for appointing a Mayor Pro-Tem and a Councilmember.
Summary of Recommended Action
Staff recommends Council approve Ordinance No. 12-M-34 amending the Council Rules
and Procedures establishing the procedures for appointing a Mayor Pro-Tem and a
Councilmember.
City Council Memorandum
Page 3
FISCAL IMPACT
None
RECOMMENDATION
Approval of final reading of Ordinance No. 12-M-34
ATTACHMENTS
Ordinance No. 12-M-34
Redline showing changes from first reading
50492857.1 - 1 -
ORDINANCE NO. 12-M-34
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING
AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Schertz has previously adopted Rules of
Conduct and Procedure for the conduct of meetings of the City Council; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
amend, update, and clarify the Rules of Conduct and Procedure as set forth on Exhibit A attached
hereto (the “Amended Rules of Conduct and Procedure”);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The City Council hereby approves the Amended Rules of Conduct and
Procedure.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance or the Amended and Restated Unified
Development Code authorized herein are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
50492857.1 - 2 -
PASSED ON FIRST READING, the 18th day of December, 2012.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 8th day of
January, 2013.
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(Seal of City)
50492857.1 A-1
Exhibit A
Amended Rules of Conduct and Procedure
20159321.8
CITY OF SCHERTZ
CITY COUNCIL
RULES OF CONDUCT AND PROCEDURE
These Rules of Conduct and Procedure (these “Rules”) are intended to provide an
understandable and workable structure for City Council meetings.
These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate
communication at Council meetings among Councilmembers and between Councilmembers and
City staff and members of the public, and to promote confidence in the citizens that their
government is performing its duties with the highest of ethical standards and with a genuine
interest in the well-being of the community.
There Rules are in all events subject to the City Charter and applicable provisions of State law,
including the Texas Open Meetings Act.
As a part of these Rules, the Council has established the following Code of Conduct for the
Mayor and all Councilmembers:
• Address the merits of the issues — no personal attacks
• Focus on representing the interests of all citizens.
• Attempt to resolve personal conflicts among Councilmembers internally before
speaking publicly.
• Assume positive intentions — don’t look for hidden agendas.
• Observe the City’s written Rules of Conduct and Procedure.
• When others are speaking, listen with an open mind.
• Recognize that inappropriate public disclosure of confidential information can be
detrimental to the City and its citizens.
• Understand that “majority rules”. Once a vote is taken, if you were in the
minority agree to disagree and move on. Recognize that a majority view, when
expressed in a vote, becomes an expression of City policy.
• Coordinate all requests of the City staff through the City Manager.
TABLE OF CONTENTS
Page
20159321.8 i
ARTICLE 1.
AUTHORITY
1.1 City Charter ........................................................................................................................ 1
1.2 Effective Date; Amendment .............................................................................................. 1
ARTICLE 2.
GENERAL RULES
2.1 Meetings to be Public......................................................................................................... 1
2.2 Quorum .............................................................................................................................. 1
2.3 Minutes of Meetings .......................................................................................................... 1
2.4 Questions to Contain One Subject ..................................................................................... 1
2.5 Right to the Floor ............................................................................................................... 1
2.6 City Manager ..................................................................................................................... 1
2.7 City Attorney ..................................................................................................................... 2
2.8 City Secretary..................................................................................................................... 2
2.9 Officers and Employees ..................................................................................................... 2
2.10 Rules of Order .................................................................................................................... 2
2.11 Suspension of Rules ........................................................................................................... 2
2.12 Amendment to Rules.......................................................................................................... 2
2.13 Matters Not Addressed by Rules ....................................................................................... 2
ARTICLE 3.
TYPES OF MEETINGS
3.1 Regular Meetings ............................................................................................................... 2
3.2 Special Meetings ................................................................................................................ 2
3.3 Recessed Meetings ............................................................................................................. 2
3.4 Adjourned Meetings ........................................................................................................... 2
3.5 Executive Sessions ............................................................................................................. 2
3.6 Emergency Meetings ......................................................................................................... 3
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
4.1 Mayor ................................................................................................................................. 3
4.2 Call to Order ...................................................................................................................... 3
4.3 Preservation of Order ......................................................................................................... 3
4.4 Rulings by Presiding Officer ............................................................................................. 3
4.5 Questions to be Stated ........................................................................................................ 3
4.6 Substitution of Mayor ........................................................................................................ 3
ARTICLE 5.
APPOINTMENT PROCEDURES
5.1 Appointment Procedure for the Mayor Pro Tem ............................................................... 3
5.2 Appointment Procedure for a Councilmember .................................................................. 4
TABLE OF CONTENTS
(continued)
Page
20159321.8 ii
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda ............................................................................................................................... 5
6.2 Communication to Mayor and Council.............................................................................. 5
6.3 Approval of Minutes .......................................................................................................... 6
6.4 Presentations by Members of Council ............................................................................... 6
6.5 Consent Agenda ................................................................................................................. 6
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 Printed, Typewritten, or Electronic Form .......................................................................... 6
7.2 City Manager Review ........................................................................................................ 6
7.3 City Attorney to Approve .................................................................................................. 6
7.4 Funding .............................................................................................................................. 6
7.5 Reading of Caption Only ................................................................................................... 6
7.6 Ordinances—Two Readings; Emergencies ....................................................................... 6
7.7 Recording of Votes ............................................................................................................ 7
7.8 Vote Required .................................................................................................................... 7
7.9 Tie Vote ............................................................................................................................. 7
7.10 Numbering Ordinances and Resolutions ........................................................................... 7
7.11 Ordinance Passage Procedure ............................................................................................ 7
ARTICLE 8
RULES OF DECORUM
8.1 Recognition by presiding officer ....................................................................................... 7
8.2 Order .................................................................................................................................. 7
8.3 Presiding Officer ................................................................................................................ 7
8.4 Improper References to be Avoided .................................................................................. 8
8.5 Interruptions ....................................................................................................................... 8
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
9.1 Motions .............................................................................................................................. 8
9.2 Debate ................................................................................................................................ 8
9.3 Motion Procedures ............................................................................................................. 8
9.4 Point of Privilege ............................................................................................................... 9
9.5 Point of Procedure or Order ............................................................................................... 9
9.6 To Appeal a Ruling ............................................................................................................ 9
9.7 To Recess ........................................................................................................................... 9
9.8 To Withdraw .................................................................................................................... 10
9.9 To Postpone or Extend ..................................................................................................... 10
9.10 To Refer ........................................................................................................................... 10
9.11 To Amend ........................................................................................................................ 10
9.12 To Limit or Close Debate or “Call the Question” ............................................................ 10
9.13 To Count the Vote ............................................................................................................ 11
9.14 To Take Action or Reconsider an Action; Main Motions ............................................... 11
TABLE OF CONTENTS
(continued)
Page
20159321.8 iii
ARTICLE 10.
ENFORCEMENT OF DECORUM
10.1 Warning............................................................................................................................ 11
10.2 Removal ........................................................................................................................... 11
10.3 Resisting Removal ........................................................................................................... 11
10.4 Motions to Enforce .......................................................................................................... 11
10.5 Adjournment .................................................................................................................... 11
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1 Standing Committees ....................................................................................................... 12
11.2 Special Committees ......................................................................................................... 12
ARTICLE 12.
CITIZENS’ RIGHTS
12.1 Addressing the Council .................................................................................................... 12
12.2 Manner of Addressing the Council – Time Limit ............................................................ 12
12.3 Personal and Slanderous Remarks ................................................................................... 12
12.4 Public Hearings ................................................................................................................ 12
12.5 Written Communications ................................................................................................. 13
12.6 Hearing of Residents ........................................................................................................ 13
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1 City Manager to Provide Information .............................................................................. 13
13.2 City Manager’s Responses to Requests ........................................................................... 13
13.3 Directions to City Manager .............................................................................................. 14
13.4 City Manager’s Duty to Inform ....................................................................................... 14
13.5 Customer Concerns .......................................................................................................... 14
13.6 City Manager/Council Relations ...................................................................................... 14
20159321.8 1
ARTICLE 1.
AUTHORITY
1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by
ordinance, determine its own rules and order of business.
1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the
Council and until such time as they are amended or new rules are adopted. In the event
of a conflict between these Rules and the Charter, the Charter shall govern over these
Rules. In the event of a conflict between these Rules and State law, State law shall take
precedence.
ARTICLE 2.
GENERAL RULES
2.1 Meetings to be Public. All meetings of the Council and all meetings of committees
composed of a quorum of the Council shall be open to the public as provided by State
law, except when State law allows closed or executive sessions for certain limited topics.
2.2 Quorum. Three members of the Council, not including the Mayor, shall constitute a
quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall
be counted for purpose of determining the existence of a quorum. If a quorum is not
present, those in attendance will be named, and they may recess to a later time as
permitted by State law or may hear business before them, taking no official action.
2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the
City Secretary and shall constitute the official record of the Council. Such minutes, after
being approved by the Council (except any closed or executive session portion), shall be
open to public inspection. The City Secretary shall provide an index showing the action
of the Council in regard to all matters before to it at both regular and special meetings. A
recording or “certified agenda” of each closed or executive session shall be made and
maintained as required by State law.
2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only
one subject. If two or more subjects are involved, any Councilmember may require a
division, if the subjects can be reasonably divided.
2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff
desiring to speak shall be recognized by the Mayor (or the presiding officer in the
Mayor’s absence) at an appropriate time, and shall confine his/her remarks to the subject
under consideration or to be considered.
2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of
the Council unless excused. The City Manager may make recommendations to the
Council and shall have the right to take part in all discussions of the Council, but shall
have no vote. The City Manager shall be notified of all special meetings of the Council.
20159321.8 2
2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by
the Council or as requested by the City Manager, and shall, upon request of the Council
or the City Manager, give an opinion, either written or oral, on questions of law.
2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings
of the Council, unless excused, and shall keep the official minutes.
2.9 Officers and Employees. Any officer or employee of the City, when requested by the
City Manager, shall attend meetings of the Council. If requested to do so by the City
Manager, they shall present information relating to matters before the Council.
2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council.
2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State
law may be temporarily suspended by a majority vote of the Councilmembers who are
present. The vote of each person on any such suspension shall be entered in the minutes.
2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly
adopted ordinance.
2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings
not addressed by these Rules, the Charter, or State law shall be determined by the Mayor
(or the presiding officer in the Mayor’s absence).
ARTICLE 3.
TYPES OF MEETINGS
3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by
the Code of Ordinances, Part II, Section 2-2. The Council may also hold regularly
scheduled meetings which may be designated by the Council as “workshop” sessions.
3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or
any three (3) members of the Council. The call for a special meeting shall be filed with
the City 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, hour, and place of
the special meeting and shall identify the subject or subjects to be considered.
3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to
a later time, provided that no recess shall be for a longer period than until the next regular
meeting.
3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be
reconvened except by a motion to reconsider prior to any Councilmember’s departure
from the Council chamber. See Sections 9.3 and 9.4.
3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with
State law.
20159321.8 3
3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency
meeting may be called as a special meeting as set forth in Section 3.2, however, an
emergency meeting may not be held unless authorized by, and notice is given in
accordance, with State law.
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the 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 most senior Councilmember (by time of service on
the Council) present shall be the chairperson.
4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in
the Mayor’s 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 most senior Councilmember
(by time of service on the Council) present.
4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent
personalities from becoming involved during debate or the impugning of members’
motives, and confine Councilmembers in debate to the question under discussion.
4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege,
points of procedure or order, and withdrawals of motions, subject to the right of any
member to appeal to the Council as set forth in Article 9 of these Rules. See Sections
9.3, 9.4, 9.5, 9.6, and 9.8.
4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote
and announce the result. A roll call vote shall be taken on all votes.
4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall
call upon the Mayor Pro-Tem to preside if the Mayor Pro-Tem is present. If the Mayor
Pro-Tem is not present, the Mayor may call upon the most senior Councilmember (by
time of service on the Council) present to preside, but such substitution shall not continue
beyond adjournment of that meeting.
ARTICLE 5.
APPOINTMENT PROCEDURES
5.1 Appointment Procedure for the Mayor Pro Tem.
(a) The Council will discuss, and with a majority vote, appoint the Councilmember to
serve as the Mayor Pro Tem for the City.
(b) The appointed Mayor Pro Tem must be a Councilmember and must meet the
qualifications of Section 4.02 of the City Charter. In addition, to be appointed to
the position of Mayor Pro Tem, a Councilmember must be an elected member of
Council.
20159321.8 4
(c) Term dates for the Mayor Pro Tem position will begin in February and August of
each year (the election dates offset by three (3) months). Terms will sequentially
rotate according to Councilmember place.
(d) If the Councilmember place that is up for appointment as Mayor Pro Tem is
vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro
Tem, the Mayor Pro Tem appointment will go to the next qualified
Councilmember.
(e) The position will have a term of office of six (6) months.
(f) The appointed Mayor Pro Tem may be removed by Council by a two-thirds (2/3)
majority vote of the members of Council at any time during his or her term.
(g) Council reserves the right to alter this procedure at any time by resolution or rule.
5.2 Appointment Procedure for a Councilmember.
(a) The Council may appoint a Councilmember to a vacant seat as authorized by
Section 4.06 of the City Charter.
(b) The Council will announce and advertise on the City’s website and in the City’s
newspaper of record that applications are being accepted for a vacant position on
Council.
(c) A due date for applications to be submitted will be set.
(d) Applicants must meet the qualifications for a Councilmember set forth in Section
4.02 of the City Charter.
(e) Applications will be received by the City Secretary’s office and distributed to all
Councilmembers.
(f) An interview date will be set and posted for a public meeting.
(g) Interviews of prospective candidates will be held in a public forum by a quorum
of Councilmembers.
(h) Councilmembers will discuss, and appoint by majority vote, the new member of
Council at either the same meeting as the interviews or at a subsequent Council
meeting.
(i) The Council is the final judge of whether a candidate is qualified to serve as a
Councilmember as set forth in Section 4.03 of the City Charter.
(j) Council reserves the right to alter this procedure at any time by resolution or rule.
20159321.8 5
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each
meeting of the Council. Items may be placed on the agenda by the City Manager (or in
his absence any Assistant City Manager), the Mayor, or any Councilmember, except that
a Councilmember directing that an item or items be placed on an agenda must do so in
open session, during a properly posted meeting of the Council. Items placed on the
agenda by the City Manager (or in his absence any Assistant City Manager) may be
removed only by the City Manager (or any Assistant City Manager) and he/she may do
so at any time that permits the agenda for the Council meeting to be properly posted by
the City Secretary’s Office under the Texas Open Meetings Act. Items placed on an
agenda by the Mayor may be removed only by the Mayor, and he/she may do so at any
time that permits the agenda for the Council meeting to be properly posted by the City
Secretary’s Office under the Texas Open Meetings Act. Items placed on the agenda by a
Councilmember may be removed only by that specific Councilmember, and he/she may
do so at any time that permits the agenda for the Council meeting to be properly posted
by the City Secretary’s Office under the Texas Open Meetings Act.
(a) Information Required. Any item to be on the agenda must be provided to the
City Manager pursuant to a procedure established and modified by the City
Manager from time to time. Each item on the agenda must contain sufficient
information so that full disclosure of the item to be addressed is present so as to
alert the Council and the public of the topic to be considered.
(b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all
items for consideration in a format recommended by the City Manager. The name
of the person or persons placing an item on the agenda and the name of any
expected staff presenter shall be stated on the agenda.
(c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish
the Mayor and each Councilmember a copy of the agenda, including the proposed
ordinances, resolutions, petitions, notices, or other materials as required. Copies
of attachments and background material will generally be provided for the initial
presentation only and should be retained by the Mayor and the Councilmembers
until such time as the item is finalized.
(d) Copy Available to Public. A copy of the agenda, with or without attachments as
determined by the City Manager, shall be made available to the public at City
Hall prior to the meeting. Copies of the agenda shall be available to the public at
the meeting.
(e) Order; Exception. The ordinances, resolutions, and other proposed actions shall
be taken up and disposed of by the Council in the order listed in the agenda,
subject to the right of the presiding officer to take up matters in a different order.
6.2 Communication to Mayor and Council. The City Manager shall provide the Council with
a copy of each ordinance or resolution and appropriate analysis of items proposed to be
acted upon by the Council at a meeting. These communications shall be delivered to the
20159321.8 6
Mayor and Councilmembers along with the agenda. This information should also be
retained by the Mayor and Councilmembers until such time as the item is finalized. Staff
members, in making presentations to Council at a meeting of the Council, should
endeavor to restrict their presentations to five (5) minutes, excluding responses to
questions by the Mayor and/or Councilmembers.
6.3 Approval of Minutes. Minutes may be approved without public reading if the City
Secretary has previously furnished the Mayor and each Councilmember with a copy
thereof.
6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor
and each Councilmember may bring before the Council any business that person believes
should be brought up during the “Requests by Mayor and Councilmembers” and
“Announcements by Mayor and Councilmembers” portions of the agenda. These matters
need not be specifically listed on the agenda unless the person desiring to make a
comment knows prior to posting of the agenda that he/she will make such comment. In
response to an unposted comment, there (1) may only be a statement of factual
information in response, (2) a recitation of existing City policy, or (3) discussion
regarding a proposal to place the subject on the agenda for a subsequent meeting.
6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant
City Manager) with respect to items believed to be non-controversial, the City Secretary
shall place multiple items on a “Consent Agenda” portion of the agenda, subject to the
right of the Mayor or any Councilmember to request at the meeting that any one or more
of such items be removed from the Consent Agenda for individual consideration. First
readings of ordinances shall in all events be posted for individual consideration and shall
not be included on the Consent Agenda.
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be
presented to the Council only in printed, typewritten, or electronic form.
7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City
Manager or his designee.
7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form
and legal content by the City Attorney, when requested by the Mayor or the City
Manager.
7.4 Funding. All actions authorizing an expenditure of money shall include the exact source
of the funds to be expended.
7.5 Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution
shall be read by caption only.
7.6 Ordinances—Two Readings; Emergencies. Ordinances introduced at a Council meeting
shall not be finally acted upon until at least the next regular meeting, except that
20159321.8 7
immediate action may be taken upon an emergency as determined by the Council in
accordance the Charter or State law.
7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all
ordinances and resolutions and shall be entered in the minutes of the Council.
7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise
required by these Rules, the Charter, or State law, shall require the affirmative vote of
three (3) Councilmembers who are present and eligible to vote.
7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive
vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as
presiding officer shall not be restricted to voting only in the event of a tie.
7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance
on second reading or on a single reading as an emergency, the City Secretary shall assign
a number to each ordinance or resolution within the records of the City.
7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the
presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and
it shall be filed and thereafter preserved in the office of the City Secretary.
ARTICLE 8.
RULES OF DECORUM
8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the
Council without first being recognized by the presiding officer.
8.2 Order. While the Council is in session, the Councilmembers must preserve the order and
decorum of the meeting, and a Councilmember shall neither, by statement or otherwise,
delay or interrupt the proceedings or the peace of the Council or disturb any other
Councilmember while speaking or refuse to obey the orders of the presiding officer.
Councilmembers are expected to remain on the dais during a Council meeting unless they
have good cause to vacate.
8.3 Presiding Officer. The Mayor or the Mayor Pro-Tem or such other member of the
Council who is serving as the presiding officer may participate in debate, subject only to
such limitations of debate as are the rights and privileges of a Councilmember by reason
of such Councilmember acting as the presiding officer. If the presiding officer is
engaged in debate and is, at the insistence of three (3) Council members, abusing the
position of the presiding officer, the presiding officer must relinquish the chair to the
Mayor Pro-Tem, or in his/her absence, to the next most senior Councilmember (by time
of service on the Council) present. The Mayor Pro-Tem or such other member, other
than the Mayor, who is serving as presiding officer may move, second, and debate from
the chair, subject only to such limitations of debate as are the rights and privileges of a
Councilmember by reason of the member acting as the presiding officer.
20159321.8 8
8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to
Section 2.5 or 8.5, he/she shall avoid all references to personalities and indecorous
language.
8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor
or another Councilmember when speaking unless it is to raise a point of privilege
(Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to
withdraw a previously-stated motion (Section 9.8), or as otherwise provided in these
Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the
Councilmember so interrupted should cease speaking until the question is determined.
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
9.1 Motions. A Councilmember, after he/she obtains the floor, or the Mayor may make a
motion on the particular subject of discussion or a procedural point as permitted. A
“Second” to the motion, if required, must be made by a Councilmember who did not
make the motion within a reasonable but brief time period. The Mayor may not
“Second” a motion. A motion or a “Second” merely implies that the maker of the motion
and the person who “Seconds” agree that the motion should come before the meeting and
not that he/she necessarily favors the motion. Without a “Second”, if required, the
motion dies.
9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion
as stated by the presiding officer.
9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories:
Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main
Motions(1 type)*. When any motion is pending, any motion listed above it on the chart
below is in order; those below it are out of order.
Motion
May
Interrupt
Speaker
Second
Required Debatable Amendable
Resolved
by Chair
No Vote
Affirmative
Vote by 3
Council-
members
2/3
Vote
A. Meeting Conduct Motions
1. point of privilege yes no no no yes no no
2. point of procedure or order yes no no no yes no no
3. to appeal a ruling no yes yes no no yes no
4. to recess no yes yes yes no yes no
B. Disposition Motions
5. to withdraw yes no no no yes no no
6. to postpone no yes yes yes no yes no
7. to refer no yes yes yes no yes no
* Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order,
ABA Publishing, 2nd Edition.
20159321.8 9
8. to amend no yes yes yes no yes no
9. to limit or close debate or
”call the question”
no yes yes yes no no yes
10. to extend debate no yes yes yes no yes no
11. to count the vote no yes no no no ** no no
C. Main Motions
12. to take action or reconsider
action taken
no yes yes yes no yes *** no
9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is
a communication from a Councilmember to the presiding officer, drawing urgent
attention to a need for personal accommodation. For example, the point may relate to an
inability to see or hear, a matter of comfort, a matter of requested convenience, or an
overlooked right of privilege that should have been accorded to the Councilmember(s).
In essence, it is a call to the presiding officer for the purpose of assuring a
Councilmember’s convenient and appropriate participation in the meeting. Because of its
urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the
attention of and action by the presiding officer, it cannot be debated or amended, and no
vote is required.
9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a
question addressed to the presiding officer, no seconding is required, and either inquiring
into the manner of conducting business or raising a question about the propriety of a
particular procedure. It is simply an inquiry and is resolved by correction or clarification
by the presiding officer. A point of procedure can interrupt a speaker. Because it is
addressed to the attention of and action by the presiding officer, a second is not required,
and it cannot be debated or amended, and no vote is taken.
9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions
of procedure, except that any ruling by the presiding officer’s ruling can be appealed to a
vote of the Council. Whenever a Councilmember questions the appropriateness or
essential fairness of the presiding officer, that member can appeal the ruling to a vote of
the meeting. If, however, a motion is out of order as a matter of law (not a proper subject
of the meeting, improper notice given, etc.), the presiding officer’s ruling cannot be
appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a
second is required. The motion is subject to debate (which should be brief) and, by its
nature, is not amendable. To overrule a procedural decision of the presiding officer, an
affirmative vote of three (3) Councilmembers is required.
9.7 To Recess. A motion to recess requests a brief interruption of the meeting’s business,
usually so that an ancillary matter can be addressed, or simply to provide a needed break.
Unless stated in the motion, the period of recess is decided by the presiding officer. If
necessary, a recess can extend the meeting from one day to another, subject to State law.
** Mandatory if seconded; no vote required
*** Unless a greater vote is required by the Charter or State law
20159321.8 10
The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be
amended, and an affirmative vote of three (3) Councilmembers is required.
9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is
essentially a communication to the presiding officer that the maker is withdrawing his/her
proposal. This is the maker’s privilege; thus, it does not require a second. Because the
withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because
another Councilmember later can make a similar motion, a withdrawal motion is not
subject to debate, amendment, or vote. The presiding officer should simply state that the
motion is withdrawn, and the meeting should proceed with a new treatment of the issue at
hand—or a new issue.
9.9 To Postpone or Extend. These motions may arise from a need for further information, a
matter of convenience, or for any other reason that will enable the Council to deal with
the issue more effectively during the same meeting or at a later time. Unless otherwise
specifically provided in the motion itself, a postponed or extension motion can be
renewed at a later appropriate time during the meeting or, if properly posted, at a later
meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and
it is amendable (particularly as to postponement, timing), and an affirmative vote of three
(3) Councilmembers is required.
9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually
for study leading to a subsequent recommendation. Because it ordinarily disposes the
motion for purposes of the current meeting, a motion to refer is subject to the same rules
that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker,
and a second is required. It is debatable and amendable, and an affirmative vote of three
(3) Councilmembers is required.
9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under
consideration. When a motion to amend is pending and an amendment to the amendment
is proposed, the presiding officer should focus discussion on the latest amendment,
resolve that question, then proceed to the first amendment before continuing discussion
on the main motion. Votes on amendments are thus in reverse order of the sequence in
which they are proposed. A motion to amend cannot interrupt a speaker. It requires a
second, and it is debatable and amendable. An affirmative vote of three (3)
Councilmembers is required for approval of the amendment. Note that State law may
restrict amendments to proposals that are required to be set forth in the notice of the
meeting.
9.12 To Limit or Close Debate or “Call the Question”. Because the extent to which an issue is
discussed rests primarily with discretion of the presiding officer, it is the presiding officer
who carries the burden of ensuring that adequate time and discussion are given to
differing points of view. A motion to limit or close debate is therefore an overruling of
the presiding officer’s determination. A motion to close debate is the same as a motion to
“call the question”. Because this motion affects the most fundamental right of any
Councilmember, the right to speak one’s views, it is the only procedural motion that
requires an affirmative vote of two-thirds of participants voting.
20159321.8 11
9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances
where the convenient hearing of “yeas” and “nays” cannot clearly resolve the issue. It
represents the right of a Councilmember to have a vote demonstrated by count. That
count can be directed by the presiding officer either as a showing of hands or a standing
of voting members while the vote is recorded. Upon completion of the count, the
presiding officer announces the result—and final disposition of the issue voted upon.
This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor
amendable; and, because of the importance of the matter, it should be considered
mandatory; thus, no vote is required.
9.14 To Take Action or Reconsider an Action; Main Motions . These main motions state
proposed policy or action on a substantive issue being considered by the Council. As
such, the motion can be an initial call to take particular action; to reconsider action taken;
or to rescind a prior decision. Although lowest in precedence among all motions, main
motions are clearly the most important: through their content, the business decisions of
the Council are determined. A main motion can be made only when a prior main motion
has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable
and amendable; and an affirmative vote of three (3) Councilmembers is required unless a
greater vote is prescribed by the Charter or State law.
ARTICLE 10.
ENFORCEMENT OF DECORUM
10.1 Warning. All persons other than a recognized speaker shall, at the request of the
presiding officer, be silent. If, after receiving a warning from the presiding officer, a
person persists in disturbing the meeting, the presiding officer may order the person to
leave the meeting. The Chief of Police, or such member or members of the Police
Department or other persons as the presiding officer may designate, shall be sergeant-at-
arms of the Council meetings. If the person so requested does not leave the meeting, the
presiding officer may order the sergeant-at-arms to remove such person.
10.2 Removal. Any designated sergeant-at-arms shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instruction of the presiding officer, it shall be the duty of the
sergeant-at-arms to remove from the meeting any person who intentionally disturbs the
proceedings of the Council (or successor provision of law).
10.3 Resisting Removal. Any person who resists removal by the sergeant-at-arms shall be
charged with violating Section 42.05 (a) of the Texas Penal Code.
10.4 Motions to Enforce. Any Council member may move to require the presiding officer to
enforce these Rules and the affirmative vote of a majority of the Councilmembers present
and eligible to vote shall require the presiding officer to do so.
10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups
of persons so as to render the orderly conduct of such meeting unfeasible and when order
cannot be restored by the removal of the individuals who are creating the disturbance, the
meeting may be adjourned and the remaining business considered at the next regular or a
special meeting or, subject to State law, may be recessed to a set time and date.
20159321.8 12
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1 Standing Committees. The Council may create committees, boards and commissions to
assist in the conduct of the operation of the City government with such duties as the
Council may specify not inconsistent with the Charter, the Code of Ordinances, or State
law. Membership and selection of members shall be as determined by the Council if not
specified by the Charter, the Code of Ordinances, or State law. No person may
concurrently serve on more than one Board unless, by virtue of his/her position on the
Council, he/she also holds a position on another Board. Persons related within the second
degree by affinity or consanguinity to the Mayor or any member of the Council shall not
be eligible to serve on a standing committee. No standing committee so appointed shall
have powers other than advisory to the Council or to the City Manager, except as
otherwise specified by the Charter, the Code of Ordinances, or State law.
11.2 Special Committees. The Council may, as the need arises, authorize the appointment of
“ad hoc” Council committees. Except where otherwise specifically provided by the
Charter, the Mayor and the City Council shall appoint the members of the special
committees. Any committee so created shall be given a “mission statement” directing its
activities. Any special committee 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
Councilmembers present and entitled to vote.
ARTICLE 12.
CITIZENS’ RIGHTS
12.1 Addressing the Council. Any person desiring to address the Council by oral
communication shall first secure the permission of the presiding officer.
12.2 Manner of Addressing the Council – Time Limit. Each person addressing the Council
shall speak at the podium into the microphone (or at another designated location), shall
give his/her name and address in an audible tone of voice for the record, and, unless
further time is granted by the Council, shall, subject to Section 12.4 below, limit his/her
remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a
body, and not to any individual member thereof. No person, other than members of the
Council or City staff (when requested by the presiding officer) and the person having the
floor, shall be permitted to enter into any discussion, either directly or through the
members of the Council, unless requested or approved by the presiding officer. No
questions shall be asked the Councilmembers, except through the presiding officer.
Responses to questions may be limited as required by State law.
12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or
slanderous remarks, or who shall become boisterous, either while addressing the Council
or otherwise while in attendance at a Council meeting, may be requested to leave the
meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if
necessary for the conduct of the remainder of the meeting.
12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or
their authorized representatives, may address the Council with respect to the subject
20159321.8 13
matter of a public hearing being conducted. The presiding officer may establish
procedures at a public hearing to limit the amount of time (which, unless modified by the
presiding officer, shall be as set forth in Section 12.2 above) interested persons may
speak, subject to the Councilmembers’ right to appeal the presiding officer’s ruling
pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to
the Councilmembers’ right of appeal pursuant to Section 9.6, the normal order of a public
hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a
modified public hearing procedure by the presiding officer; (ii) address to the Council by
any interested person(s); (iii) discussion by the Mayor and Councilmembers, including
requests for information from City staff or any person(s) who addressed the Council; and
(iv) action by the Council, if any is posted on the agenda relating to the hearing.
12.5 Written Communications. Interested persons, or their authorized representatives, may
address the Council by written communication in regard to any matter concerning the
City’s business or over which the Council has control at any time by direct mail or by
addressing the City Secretary, who shall, on the request of the writer, distribute copies to
the Councilmembers.
12.6 Hearing of Residents. There shall be included on the agenda of each City Council
meeting an item labeled “Hearing of Residents”. After being recognized by the presiding
officer, members of the public (giving precedence to residents of the City) may address
the Council on items on or not on the agenda at that time, providing they have completed
the “Hearing of Residents” form, unless authorized by the presiding officer. The form
shall be made available to persons wishing to address the Council prior to the calling of
the meeting to order and such completed form shall be made available to the presiding
officer prior to the calling of the meeting to order. The persons signed up for “Hearing of
Residents” must speak during the “Hearing of Residents” portion of the meeting.
Councilmembers and members of City staff may not discuss unposted items nor take any
action thereon other than to (1) make a statement of factual information, (2) make a
statement of existing City policy, or (3) discuss placing the item on a future agenda.
Persons speaking shall be subject to the time limits set forth in Section 12.2, unless
otherwise authorized by the presiding officer.
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1 City Manager to Provide Information. The City Manager is directly responsible for
providing information to all the Councilmembers concerning any inquiries by a specific
Councilmember. If the City Manager or his staff’s time is being dominated or
misdirected by a Councilmember, it is his responsibility to inform the Mayor or the
Council as a whole.
13.2 City Manager’s Responses to Requests. The City Manager is expected to respond in a
timely manner to the Council and Councilmember’s requests. When information is
requested, the City Manager will estimate a reasonable time frame for collecting the
requested information.
(a) If the City Manager disagrees with the request, he should say so and explain his
position.
20159321.8 14
(b) If the City Manager disagrees with individual directives, he should initiate
clarification of the Council’s will with regard to the individual
Councilmember’s request.
(c) The City Manager may delegate responsibility for the response as necessary and
appropriate, but the City Manager will be responsible for its receipt by the
Council in a timely manner.
(d) The City Manager should maintain a checklist and timetable for requests and
other directives of the Council.
(e) All Councilmembers will be provided the same written information when any
matter under consideration may be of general concern to the Council. There will
be no preferential dissemination of information by the City Manager or his staff.
13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a
consensus of the Councilmembers present will be required to direct the City Manager to
take any action.
13.4 City Manager’s Duty to Inform. The City Manager is responsible for keeping the
Council informed. The Council should be provided weekly reports outlining progress on
outstanding issues as well as information on new issues and opportunities. Additionally,
the Council should be informed of City news prior to release of such information to the
community, newspaper(s), or other governmental entities, etc.
13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures
for handling customer concerns in all departments with prompt feedback to citizens and
Councilmembers.
13.6 City Manager/Council Relations. The City Manager should strive to maintain positive
relations with the Council by following these guidelines:
(a) Work to establish mutual trust with the Council.
(b) Maintain open lines of communication with the Council and keep Council
informed.
(c) Inform all Councilmembers of educational opportunities, recognizing that an
educated Council is in the City’s best interest.
(d) Include the Council in City-sponsored employee social events.
(e) Conduct orientation sessions for new Councilmembers, including a tour of City
buildings and introductions to staff.
* * *
Amended: January 8, 2013
CITY OF SCHERTZ
CITY COUNCIL
RULES OF CONDUCT AND PROCEDURE
These Rules of Conduct and Procedure (these “Rules”) are intended to provide an
understandable and workable structure for City Council meetings.
These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate
communication at Council meetings among Councilmembers and between Councilmembers and
City staff and members of the public, and to promote confidence in the citizens that their
government is performing its duties with the highest of ethical standards and with a genuine
interest in the well-being of the community.
There Rules are in all events subject to the City Charter and applicable provisions of State law,
including the Texas Open Meetings Act.
As a part of these Rules, the Council has established the following Code of Conduct for the
Mayor and all Councilmembers:
Address the merits of the issues — no personal attacks•
Focus on representing the interests of all citizens.•
Attempt to resolve personal conflicts among Councilmembers internally before•
speaking publicly.
Assume positive intentions — don’t look for hidden agendas.•
Observe the City’s written Rules of Conduct and Procedure.•
When others are speaking, listen with an open mind.•
Recognize that inappropriate public disclosure of confidential information can be•
detrimental to the City and its citizens.
Understand that “majority rules”. Once a vote is taken, if you were in the•
minority agree to disagree and move on. Recognize that a majority view, when
expressed in a vote, becomes an expression of City policy.
Coordinate all requests of the City staff through the City Manager.•
20159321.720159321.8
TABLE OF CONTENTS
Page
ARTICLE 1.
AUTHORITY
1.1 City Charter 1
1.2 Effective Date; Amendment 1
ARTICLE 2.
GENERAL RULES
2.1 Meetings to be Public 1
2.2 Quorum 1
2.3 Minutes of Meetings 1
2.4 Questions to Contain One Subject 1
2.5 Right to the Floor 1
2.6 City Manager 1
2.7 City Attorney 2
2.8 City Secretary 2
2.9 Officers and Employees 2
2.10 Rules of Order 2
2.11 Suspension of Rules 2
2.12 Amendment to Rules 2
2.13 Matters Not Addressed by Rules 2
ARTICLE 3.
TYPES OF MEETINGS
3.1 Regular Meetings 2
3.2 Special Meetings 2
3.3 Recessed Meetings 2
3.4 Adjourned Meetings 2
3.5 Executive Sessions 2
3.6 Emergency Meetings 3
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
4.1 Mayor 3
4.2 Call to Order 3
4.3 Preservation of Order 3
4.4 Rulings by Presiding Officer 3
4.5 Questions to be Stated 3
4.6 Substitution of Mayor 3
ARTICLE 5.
APPOINTMENT PROCEDURES
5.1 Appointment Procedure for the Mayor Pro Tem 3
5.2 Appointment Procedure for a Councilmember 4
20159321.720159321.8 i
TABLE OF CONTENTS
(continued)
Page
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda 5
6.2 Communication to Mayor and Council 5
6.3 Approval of Minutes 6
6.4 Presentations by Members of Council 6
6.5 Consent Agenda 6
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 Printed, Typewritten, or Electronic Form 6
7.2 City Manager Review 6
7.3 City Attorney to Approve 6
7.4 Funding 6
7.5 Reading of Caption Only 6
7.6 Ordinances—Two Readings; Emergencies 6
7.7 Recording of Votes 7
7.8 Vote Required 7
7.9 Tie Vote 7
7.10 Numbering Ordinances and Resolutions 7
7.11 Ordinance Passage Procedure 7
ARTICLE 8
RULES OF DECORUM
8.1 Recognition by presiding officer 7
8.2 Order 7
8.3 Presiding Officer 7
8.4 Improper References to be Avoided 8
8.5 Interruptions 8
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
9.1 Motions 8
9.2 Debate 8
9.3 Motion Procedures 8
9.4 Point of Privilege 9
9.5 Point of Procedure or Order 9
9.6 To Appeal a Ruling 9
9.7 To Recess 9
9.8 To Withdraw 10
9.9 To Postpone or Extend 10
9.10 To Refer 10
9.11 To Amend 10
9.12 To Limit or Close Debate or “Call the Question”10
9.13 To Count the Vote 11
9.14 To Take Action or Reconsider an Action; Main Motions 11
20159321.720159321.8 ii
TABLE OF CONTENTS
(continued)
Page
ARTICLE 10.
ENFORCEMENT OF DECORUM
10.1 Warning 11
10.2 Removal 11
10.3 Resisting Removal 11
10.4 Motions to Enforce 11
10.5 Adjournment 11
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1 Standing Committees 12
11.2 Special Committees 12
ARTICLE 12.
CITIZENS’ RIGHTS
12.1 Addressing the Council 12
12.2 Manner of Addressing the Council – Time Limit 12
12.3 Personal and Slanderous Remarks 12
12.4 Public Hearings 12
12.5 Written Communications 13
12.6 Hearing of Residents 13
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1 City Manager to Provide Information 13
13.2 City Manager’s Responses to Requests 13
13.3 Directions to City Manager 14
13.4 City Manager’s Duty to Inform 14
13.5 Customer Concerns 14
13.6 City Manager/Council Relations 14
20159321.720159321.8 iii
ARTICLE 1.
AUTHORITY
City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by1.1
ordinance, determine its own rules and order of business.
Effective Date; Amendment. These Rules shall be in effect upon their adoption by the1.2
Council and until such time as they are amended or new rules are adopted. In the event
of a conflict between these Rules and the Charter, the Charter shall govern over these
Rules. In the event of a conflict between these Rules and State law, State law shall take
precedence.
ARTICLE 2.
GENERAL RULES
Meetings to be Public. All meetings of the Council and all meetings of committees2.1
composed of a quorum of the Council shall be open to the public as provided by State
law, except when State law allows closed or executive sessions for certain limited topics.
Quorum. Three members of the Council, not including the Mayor, shall constitute a2.2
quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall
be counted for purpose of determining the existence of a quorum. If a quorum is not
present, those in attendance will be named, and they may recess to a later time as
permitted by State law or may hear business before them, taking no official action.
Minutes of Meetings. An account of all proceedings of the Council shall be kept by the2.3
City Secretary and shall constitute the official record of the Council. Such minutes, after
being approved by the Council (except any closed or executive session portion), shall be
open to public inspection. The City Secretary shall provide an index showing the action
of the Council in regard to all matters before to it at both regular and special meetings. A
recording or “certified agenda” of each closed or executive session shall be made and
maintained as required by State law.
Questions to Contain One Subject. All questions submitted for a vote shall contain only2.4
one subject. If two or more subjects are involved, any Councilmember may require a
division, if the subjects can be reasonably divided.
Right to the Floor. Subject to Section 7.5,8.5, any Councilmember or member of City2.5
staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the
Mayor’s absence) at an appropriate time, and shall confine his/her remarks to the subject
under consideration or to be considered.
City Manager. The City Manager or the Acting City Manager shall attend all meetings of2.6
the Council unless excused. The City Manager may make recommendations to the
Council and shall have the right to take part in all discussions of the Council, but shall
have no vote. The City Manager shall be notified of all special meetings of the Council.
20159321.720159321.8 1
City Attorney. The City Attorney shall attend all meetings of the Council as required by2.7
the Council or as requested by the City Manager, and shall, upon request of the Council
or the City Manager, give an opinion, either written or oral, on questions of law.
City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings2.8
of the Council, unless excused, and shall keep the official minutes.
Officers and Employees. Any officer or employee of the City, when requested by the2.9
City Manager, shall attend meetings of the Council. If requested to do so by the City
Manager, they shall present information relating to matters before the Council.
Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council.2.10
Suspension of Rules. Any provision of these Rules not required by the Charter or State2.11
law may be temporarily suspended by a majority vote of the Councilmembers who are
present. The vote of each person on any such suspension shall be entered in the minutes.
Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly2.12
adopted ordinance.
Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings2.13
not addressed by these Rules, the Charter, or State law shall be determined by the Mayor
(or the presiding officer in the Mayor’s absence).
ARTICLE 3.
TYPES OF MEETINGS
Regular Meetings. The Council shall hold regularly scheduled meetings as provided by3.1
the Code of Ordinances, Part II, Section 2-2. The Council may also hold regularly
scheduled meetings which may be designated by the Council as “workshop” sessions.
Special Meetings. Special meetings may be called by the Mayor, the City Manager, or3.2
any three (3) members of the Council. The call for a special meeting shall be filed with
the City 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, hour, and place of
the special meeting and shall identify the subject or subjects to be considered.
Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to3.3
a later time, provided that no recess shall be for a longer period than until the next regular
meeting.
Adjourned Meetings. Any meeting of the Council that has been adjourned may not be3.4
reconvened except by a motion to reconsider prior to any Councilmember’s departure
from the Council chamber. See Sections 8.39.3 and 8.4.9.4.
Executive Sessions. Executive or closed sessions may only be held in accordance with3.5
State law.
20159321.720159321.8 2
Emergency Meetings. In case of emergency or urgent public necessity, an emergency3.6
meeting may be called as a special meeting as set forth in Section 3.2, however, an
emergency meeting may not be held unless authorized by, and notice is given in
accordance, with State law.
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In4.1
the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both the
Mayor and the Mayor Pro-Tem, the most senior Councilmember (by time of service on
the Council) present shall be the chairperson.
Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in4.2
the Mayor’s 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 most senior Councilmember
(by time of service on the Council) present.
Preservation of Order. The presiding officer shall preserve order and decorum, prevent4.3
personalities from becoming involved during debate or the impugning of members’
motives, and confine Councilmembers in debate to the question under discussion.
Rulings by Presiding Officer. The presiding officer shall rule on points of privilege,4.4
points of procedure or order, and withdrawals of motions, subject to the right of any
member to appeal to the Council as set forth in Part 8Article 9 of these Rules. See
Sections 8.3, 8.4, 8.5, 8.6,9.3, 9.4, 9.5, 9.6, and 8.8.9.8.
Questions to be Stated. The presiding officer shall state all questions submitted for a vote4.5
and announce the result. A roll call vote shall be taken on all votes.
Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall4.6
call upon the Mayor Pro-Tem to preside if the Mayor Pro-Tem is present. If the Mayor
Pro-Tem is not present, the Mayor may call upon the most senior Councilmember (by
time of service on the Council) present to preside, but such substitution shall not continue
beyond adjournment of that meeting.
ARTICLE 5.
APPOINTMENT PROCEDURES
Appointment Procedure for the Mayor Pro Tem.5.1
The Council will discuss, and with a majority vote, appoint the Councilmember to(a)
serve as the Mayor Pro Tem for the City.
The appointed Mayor Pro Tem must be a Councilmember and must meet the(b)
qualifications of Section 4.02 of the City Charter. In addition, to be appointed to
the position of Mayor Pro Tem, a Councilmember must have experienced at least
one (1) election cyclebe an elected member of Council.
20159321.720159321.8 3
Term dates for the Mayor Pro Tem position will begin in February and August of(c)
each year (the election dates offset by three (3) months). Terms will sequentially
rotate according to Councilmember place.
If the Councilmember place that is up for appointment as Mayor Pro Tem is(d)
vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro
Tem, the Mayor Pro Tem appointment will go to the next qualified
Councilmember.
The position will have a term of office of six (6) months.(e)
The appointed Mayor Pro Tem may be removed by Council by a two-thirds (2/3) (f)
majority vote of the members of Council at any time during his or her term if he
or she fails to be in good standing with the Council per Section 4.06(b) of the City
Charter.
Council reserves the right to alter this procedure at any time by resolution or rule.(g)
Appointment Procedure for a Councilmember.5.2
The Council may appoint a Councilmember to a vacant seat as authorized by(a)
Section 4.06 of the City Charter.
The Council will announce and advertise on the City’s website and in the City’s(b)
newspaper of record that applications are being accepted for a vacant position on
Council.
A due date for applications to be submitted will be set.(c)
Applicants must meet the qualifications for a Councilmember set forth in Section(d)
4.02 of the City Charter.
Applications will be received by the City Secretary’s office and distributed to all(e)
Councilmembers.
An interview date will be set and posted for a public meeting.(f)
Interviews of prospective candidates will be held in a public forum by a quorum(g)
of Councilmembers.
Councilmembers will discuss, and appoint by majority vote, the new member of(h)
Council at either the same meeting as the interviews or at a subsequent Council
meeting.
The Council is the final judge of whether a candidate is qualified to serve as a(i)
Councilmember as set forth in Section 4.03 of the City Charter.
Council reserves the right to alter this procedure at any time by resolution or rule.(j)
20159321.720159321.8 4
ARTICLE 6.
ORDER OF BUSINESS
Agenda. The City Manager and the City Secretary shall prepare an agenda for each6.1
meeting of the Council. Items may be placed on the agenda by the City Manager (or in
his absence any Assistant City Manager), the Mayor, or any Councilmember, except that
a Councilmember directing that an item or items be placed on an agenda must do so in
open session, during a properly posted meeting of the Council. Items placed on the
agenda by the City Manager (or in his absence any Assistant City Manager) may be
removed only by the City Manager (or any Assistant City Manager) and he/she may do
so at any time that permits the agenda for the Council meeting to be properly posted by
the City Secretary’s Office under the Texas Open Meetings Act. Items placed on an
agenda by the Mayor may be removed only by the Mayor, and he/she may do so at any
time that permits the agenda for the Council meeting to be properly posted by the City
Secretary’s Office under the Texas Open Meetings Act. Items placed on the agenda by a
Councilmember may be removed only by that specific Councilmember, and he/she may
do so at any time that permits the agenda for the Council meeting to be properly posted
by the City Secretary’s Office under the Texas Open Meetings Act.
Information Required. Any item to be on the agenda must be provided to the(a)
City Manager pursuant to a procedure established and modified by the City
Manager from time to time. Each item on the agenda must contain sufficient
information so that full disclosure of the item to be addressed is present so as to
alert the Council and the public of the topic to be considered.
Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all(b)
items for consideration in a format recommended by the City Manager. The name
of the person or persons placing an item on the agenda and the name of any
expected staff presenter shall be stated on the agenda.
Copy Provided to Mayor and Council Members. The City Secretary shall furnish(c)
the Mayor and each Councilmember a copy of the agenda, including the proposed
ordinances, resolutions, petitions, notices, or other materials as required. Copies
of attachments and background material will generally be provided for the initial
presentation only and should be retained by the Mayor and the Councilmembers
until such time as the item is finalized.
Copy Available to Public. A copy of the agenda, with or without attachments as(d)
determined by the City Manager, shall be made available to the public at City
Hall prior to the meeting. Copies of the agenda shall be available to the public at
the meeting.
Order; Exception. The ordinances, resolutions, and other proposed actions shall(e)
be taken up and disposed of by the Council in the order listed in the agenda,
subject to the right of the presiding officer to take up matters in a different order.
Communication to Mayor and Council. The City Manager shall provide the Council with6.2
a copy of each ordinance or resolution and appropriate analysis of items proposed to be
acted upon by the Council at a meeting. These communications shall be delivered to the
20159321.720159321.8 5
Mayor and Councilmembers along with the agenda. This information should also be
retained by the Mayor and Councilmembers until such time as the item is finalized. Staff
members, in making presentations to Council at a meeting of the Council, should
endeavor to restrict their presentations to five (5) minutes, excluding responses to
questions by the Mayor and/or Councilmembers.
Approval of Minutes. Minutes may be approved without public reading if the City6.3
Secretary has previously furnished the Mayor and each Councilmember with a copy
thereof.
Presentations by Members of Council. The agenda shall provide a time when the Mayor6.4
and each Councilmember may bring before the Council any business that person believes
should be brought up during the “Requests by Mayor and Councilmembers” and
“Announcements by Mayor and Councilmembers” portions of the agenda. These matters
need not be specifically listed on the agenda unless the person desiring to make a
comment knows prior to posting of the agenda that he/she will make such comment. In
response to an unposted comment, there (1) may only be a statement of factual
information in response, (2) a recitation of existing City policy, or (3) discussion
regarding a proposal to place the subject on the agenda for a subsequent meeting.
Consent Agenda. At the direction of the City Manager (or in his absence an Assistant6.5
City Manager) with respect to items believed to be non-controversial, the City Secretary
shall place multiple items on a “Consent Agenda” portion of the agenda, subject to the
right of the Mayor or any Councilmember to request at the meeting that any one or more
of such items be removed from the Consent Agenda for individual consideration. First
readings of ordinances shall in all events be posted for individual consideration and shall
not be included on the Consent Agenda.
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be7.1
presented to the Council only in printed, typewritten, or electronic form.
City Manager Review. All ordinances and resolutions shall be reviewed by the City7.2
Manager or his designee.
City Attorney to Approve. All ordinances and resolutions shall be approved as to form7.3
and legal content by the City Attorney, when requested by the Mayor or the City
Manager.
Funding. All actions authorizing an expenditure of money shall include the exact source7.4
of the funds to be expended.
Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution7.5
shall be read by caption only.
Ordinances—Two Readings; Emergencies. Ordinances introduced at a Council meeting7.6
shall not be finally acted upon until at least the next regular meeting, except that
20159321.720159321.8 6
immediate action may be taken upon an emergency as determined by the Council in
accordance the Charter or State law.
Recording of Votes. The ayes and nays shall be taken upon the consideration of all7.7
ordinances and resolutions and shall be entered in the minutes of the Council.
Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise7.8
required by these Rules, the Charter, or State law, shall require the affirmative vote of
three (3) Councilmembers who are present and eligible to vote.
Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive7.9
vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as
presiding officer shall not be restricted to voting only in the event of a tie.
Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance7.10
on second reading or on a single reading as an emergency, the City Secretary shall assign
a number to each ordinance or resolution within the records of the City.
Ordinance Passage Procedure. After passage, an ordinance shall be signed by the7.11
presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and
it shall be filed and thereafter preserved in the office of the City Secretary.
ARTICLE 8.
RULES OF DECORUM
Recognition by presiding officer. Subject to Section 7.5,8.5, No person shall address the8.1
Council without first being recognized by the presiding officer.
Order. While the Council is in session, the Councilmembers must preserve the order and8.2
decorum of the meeting, and a Councilmember shall neither, by statement or otherwise,
delay or interrupt the proceedings or the peace of the Council or disturb any other
Councilmember while speaking or refuse to obey the orders of the presiding officer.
Councilmembers are expected to remain on the dais during a Council meeting unless they
have good cause to vacate.
Presiding Officer. The Mayor or the Mayor Pro-Tem or such other member of the8.3
Council who is serving as the presiding officer may participate in debate, subject only to
such limitations of debate as are the rights and privileges of a Councilmember by reason
of such Councilmember acting as the presiding officer. If the presiding officer is
engaged in debate and is, at the insistence of three (3) Council members, abusing the
position of the presiding officer, the presiding officer must relinquish the chair to the
Mayor Pro-Tem, or in his/her absence, to the next most senior Councilmember (by time
of service on the Council) present. The Mayor Pro-Tem or such other member, other
than the Mayor, who is serving as presiding officer may move, second, and debate from
the chair, subject only to such limitations of debate as are the rights and privileges of a
Councilmember by reason of the member acting as the presiding officer.
20159321.720159321.8 7
Improper References to be Avoided. When a Councilmember has the floor pursuant to8.4
Section 2.5 or 7.5,8.5, he/she shall avoid all references to personalities and indecorous
language.
Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor8.5
or another Councilmember when speaking unless it is to raise a point of privilege
(Section 8.49.4) or a point of procedure or order (Section 8.59.5), or to enter a motion to
withdraw a previously-stated motion (Section 8.89.8), or as otherwise provided in these
Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the
Councilmember so interrupted should cease speaking until the question is determined.
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
Motions. A Councilmember, after he/she obtains the floor, or the Mayor may make a9.1
motion on the particular subject of discussion or a procedural point as permitted. A
“Second” to the motion, if required, must be made by a Councilmember who did not
make the motion within a reasonable but brief time period. The Mayor may not
“Second” a motion. A motion or a “Second” merely implies that the maker of the motion
and the person who “Seconds” agree that the motion should come before the meeting and
not that he/she necessarily favors the motion. Without a “Second”, if required, the
motion dies.
Debate. Debate, if permitted, must be limited to the merits of the issue under discussion9.2
as stated by the presiding officer.
Motion Procedures. There are twelve (12) types of motions in three (3) categories:9.3
Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1
type)*. When any motion is pending, any motion listed above it on the chart below is in
order; those below it are out of order.
Motion
May
Interrupt
Speaker
Second
Required Debatable Amendable
Resolved
by Chair
No Vote
Affirmative
Vote by 3
Council-me
mbers
2/3
Vote
Meeting Conduct MotionsA.
point of privilege1.yes no no no yes no no
point of procedure or order2.yes no no no yes no no
to appeal a ruling3.no yes yes no no yes no
to recess4.no yes yes yes no yes no
Disposition MotionsB.
to withdraw5.yes no no no yes no no
to postpone6.no yes yes yes no yes no
to refer7.no yes yes yes no yes no
*Sections 8.39.3 through 8.149.14 are included by permission of Donald A. Tortorice, The Modern Rules of
Order, ABA Publishing, 2nd Edition.
20159321.720159321.8 8
to amend8.no yes yes yes no yes no
to limit or close debate or9.
”call the question”
no yes yes yes no no yes
to extend debate10.no yes yes yes no yes no
to count the vote11.no yes no no no**no no
Main MotionsC.
to take action or reconsider12.
action taken
no yes yes yes no yes***no
Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is9.4
a communication from a Councilmember to the presiding officer, drawing urgent
attention to a need for personal accommodation. For example, the point may relate to an
inability to see or hear, a matter of comfort, a matter of requested convenience, or an
overlooked right of privilege that should have been accorded to the Councilmember(s).
In essence, it is a call to the presiding officer for the purpose of assuring a
Councilmember’s convenient and appropriate participation in the meeting. Because of its
urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the
attention of and action by the presiding officer, it cannot be debated or amended, and no
vote is required.
Point of Procedure or Order. A point of procedure, sometimes called a point of order, is9.5
a question addressed to the presiding officer, no seconding is required, and either
inquiring into the manner of conducting business or raising a question about the propriety
of a particular procedure. It is simply an inquiry and is resolved by correction or
clarification by the presiding officer. A point of procedure can interrupt a speaker.
Because it is addressed to the attention of and action by the presiding officer, a second is
not required, and it cannot be debated or amended, and no vote is taken.
To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions9.6
of procedure, except that any ruling by the presiding officer’s ruling can be appealed to a
vote of the Council. Whenever a Councilmember questions the appropriateness or
essential fairness of the presiding officer, that member can appeal the ruling to a vote of
the meeting. If, however, a motion is out of order as a matter of law (not a proper subject
of the meeting, improper notice given, etc.), the presiding officer’s ruling cannot be
appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a
second is required. The motion is subject to debate (which should be brief) and, by its
nature, is not amendable. To overrule a procedural decision of the presiding officer, an
affirmative vote of three (3) Councilmembers is required.
To Recess. A motion to recess requests a brief interruption of the meeting’s business,9.7
usually so that an ancillary matter can be addressed, or simply to provide a needed break.
Unless stated in the motion, the period of recess is decided by the presiding officer. If
necessary, a recess can extend the meeting from one day to another, subject to State law.
The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be
amended, and an affirmative vote of three (3) Councilmembers is required.
**Mandatory if seconded; no vote required
***Unless a greater vote is required by the Charter or State law
20159321.720159321.8 9
To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is9.8
essentially a communication to the presiding officer that the maker is withdrawing his/her
proposal. This is the maker’s privilege; thus, it does not require a second. Because the
withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because
another Councilmember later can make a similar motion, a withdrawal motion is not
subject to debate, amendment, or vote. The presiding officer should simply state that the
motion is withdrawn, and the meeting should proceed with a new treatment of the issue at
hand—or a new issue.
To Postpone or Extend. These motions may arise from a need for further information, a9.9
matter of convenience, or for any other reason that will enable the Council to deal with
the issue more effectively during the same meeting or at a later time. Unless otherwise
specifically provided in the motion itself, a postponed or extension motion can be
renewed at a later appropriate time during the meeting or, if properly posted, at a later
meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable,
and it is amendable (particularly as to postponement, timing), and an affirmative vote of
three (3) Councilmembers is required.
To Refer. A motion to refer is typically used to submit an issue to a committee, usually9.10
for study leading to a subsequent recommendation. Because it ordinarily disposes the
motion for purposes of the current meeting, a motion to refer is subject to the same rules
that apply to a main motion. (See Section 8.149.14). This motion cannot interrupt a
speaker, and a second is required. It is debatable and amendable, and an affirmative vote
of three (3) Councilmembers is required.
To Amend. A motion to amend proposes a change in the wording of a motion then under9.11
consideration. When a motion to amend is pending and an amendment to the amendment
is proposed, the presiding officer should focus discussion on the latest amendment,
resolve that question, then proceed to the first amendment before continuing discussion
on the main motion. Votes on amendments are thus in reverse order of the sequence in
which they are proposed. A motion to amend cannot interrupt a speaker. It requires a
second, and it is debatable and amendable. An affirmative vote of three (3)
Councilmembers is required for approval of the amendment. Note that State law may
restrict amendments to proposals that are required to be set forth in the notice of the
meeting.
To Limit or Close Debate or “Call the Question”. Because the extent to which an issue is9.12
discussed rests primarily with discretion of the presiding officer, it is the presiding officer
who carries the burden of ensuring that adequate time and discussion are given to
differing points of view. A motion to limit or close debate is therefore an overruling of
the presiding officer’s determination. A motion to close debate is the same as a motion to
“call the question”. Because this motion affects the most fundamental right of any
Councilmember, the right to speak one’s views, it is the only procedural motion that
requires an affirmative vote of two-thirds of participants voting.
To Count the Vote. A motion to count the vote should be limited to those circumstances9.13
where the convenient hearing of “yeas” and “nays” cannot clearly resolve the issue. It
represents the right of a Councilmember to have a vote demonstrated by count. That
count can be directed by the presiding officer either as a showing of hands or a standing
20159321.720159321.8 10
of voting members while the vote is recorded. Upon completion of the count, the
presiding officer announces the result—and final disposition of the issue voted upon.
This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor
amendable; and, because of the importance of the matter, it should be considered
mandatory; thus, no vote is required.
To Take Action or Reconsider an Action; Main Motions . These main motions state9.14
proposed policy or action on a substantive issue being considered by the Council. As
such, the motion can be an initial call to take particular action; to reconsider action taken;
or to rescind a prior decision. Although lowest in precedence among all motions, main
motions are clearly the most important: through their content, the business decisions of
the Council are determined. A main motion can be made only when a prior main motion
has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable
and amendable; and an affirmative vote of three (3) Councilmembers is required unless a
greater vote is prescribed by the Charter or State law.
ARTICLE 10.
ENFORCEMENT OF DECORUM
Warning. All persons other than a recognized speaker shall, at the request of the10.1
presiding officer, be silent. If, after receiving a warning from the presiding officer, a
person persists in disturbing the meeting, the presiding officer may order the person to
leave the meeting. The Chief of Police, or such member or members of the Police
Department or other persons as the presiding officer may designate, shall be
sergeant-at-arms of the Council meetings. If the person so requested does not leave the
meeting, the presiding officer may order the sergeant-at-arms to remove such person.
Removal. Any designated sergeant-at-arms shall carry out all orders and instructions10.2
given by the presiding officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instruction of the presiding officer, it shall be the duty of the
sergeant-at-arms to remove from the meeting any person who intentionally disturbs the
proceedings of the Council (or successor provision of law).
Resisting Removal. Any person who resists removal by the sergeant-at-arms shall be10.3
charged with violating Section 42.05 (a) of the Texas Penal Code.
Motions to Enforce. Any Council member may move to require the presiding officer to10.4
enforce these Rules and the affirmative vote of a majority of the Councilmembers present
and eligible to vote shall require the presiding officer to do so.
Adjournment. In the event that any meeting is willfully disturbed by a person or groups10.5
of persons so as to render the orderly conduct of such meeting unfeasible and when order
cannot be restored by the removal of the individuals who are creating the disturbance, the
meeting may be adjourned and the remaining business considered at the next regular or a
special meeting or, subject to State law, may be recessed to a set time and date.
20159321.720159321.8 11
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
Standing Committees. The Council may create committees, boards and commissions to11.1
assist in the conduct of the operation of the City government with such duties as the
Council may specify not inconsistent with the Charter, the Code of Ordinances, or State
law. Membership and selection of members shall be as determined by the Council if not
specified by the Charter, the Code of Ordinances, or State law. No person may
concurrently serve on more than one Board unless, by virtue of his/her position on the
Council, he/she also holds a position on another Board. Persons related within the
second degree by affinity or consanguinity to the Mayor or any member of the Council
shall not be eligible to serve on a standing committee. No standing committee so
appointed shall have powers other than advisory to the Council or to the City Manager,
except as otherwise specified by the Charter, the Code of Ordinances, or State law.
Special Committees. The Council may, as the need arises, authorize the appointment of11.2
“ad hoc” Council committees. Except where otherwise specifically provided by the
Charter, the Mayor and the City Council shall appoint the members of the special
committees. Any committee so created shall be given a “mission statement” directing its
activities. Any special committee 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
Councilmembers present and entitled to vote.
ARTICLE 12.
CITIZENS’ RIGHTS
Addressing the Council. Any person desiring to address the Council by oral12.1
communication shall first secure the permission of the presiding officer.
Manner of Addressing the Council – Time Limit. Each person addressing the Council12.2
shall speak at the podium into the microphone (or at another designated location), shall
give his/her name and address in an audible tone of voice for the record, and, unless
further time is granted by the Council, shall, subject to Section 11.412.4 below, limit
his/her remarks to three (3) minutes or less. All remarks shall be addressed to the
Council as a body, and not to any individual member thereof. No person, other than
members of the Council or City staff (when requested by the presiding officer) and the
person having the floor, shall be permitted to enter into any discussion, either directly or
through the members of the Council, unless requested or approved by the presiding
officer. No questions shall be asked the Councilmembers, except through the presiding
officer. Responses to questions may be limited as required by State law.
Personal and Slanderous Remarks. Any person making personal, impertinent, or12.3
slanderous remarks, or who shall become boisterous, either while addressing the Council
or otherwise while in attendance at a Council meeting, may be requested to leave the
meeting, pursuant to Part 9Article 10 of these Rules, and may be removed from the
meeting if necessary for the conduct of the remainder of the meeting.
Public Hearings. After being recognized by the presiding officer, interested persons, or12.4
their authorized representatives, may address the Council with respect to the subject
20159321.720159321.8 12
matter of a public hearing being conducted. The presiding officer may establish
procedures at a public hearing to limit the amount of time (which, unless modified by the
presiding officer, shall be as set forth in Section 11.212.2 above) interested persons may
speak, subject to the Councilmembers’ right to appeal the presiding officer’s ruling
pursuant to Section 8.6.9.6. Subject to modification by the presiding officer, and subject
to the Councilmembers’ right of appeal pursuant to Section 8.6,9.6, the normal order of a
public hearing is as follows: (i) the opening of the hearing and the establishment, if any,
of a modified public hearing procedure by the presiding officer; (ii) address to the
Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers,
including requests for information from City staff or any person(s) who addressed the
Council; and (iv) action by the Council, if any is posted on the agenda relating to the
hearing.
Written Communications. Interested persons, or their authorized representatives, may12.5
address the Council by written communication in regard to any matter concerning the
City’s business or over which the Council has control at any time by direct mail or by
addressing the City Secretary, who shall, on the request of the writer, distribute copies to
the Councilmembers.
Hearing of Residents. There shall be included on the agenda of each City Council12.6
meeting an item labeled “Hearing of Residents”. After being recognized by the presiding
officer, members of the public (giving precedence to residents of the City) may address
the Council on items on or not on the agenda at that time, providing they have completed
the “Hearing of Residents” form, unless authorized by the presiding officer. The form
shall be made available to persons wishing to address the Council prior to the calling of
the meeting to order and such completed form shall be made available to the presiding
officer prior to the calling of the meeting to order. The persons signed up for “Hearing of
Residents” must speak during the “Hearing of Residents” portion of the meeting.
Councilmembers and members of City staff may not discuss unposted items nor take any
action thereon other than to (1) make a statement of factual information, (2) make a
statement of existing City policy, or (3) discuss placing the item on a future agenda.
Persons speaking shall be subject to the time limits set forth in Section 11.2,12.2, unless
otherwise authorized by the presiding officer.
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
City Manager to Provide Information. The City Manager is directly responsible for13.1
providing information to all the Councilmembers concerning any inquiries by a specific
Councilmember. If the City Manager or his staff’s time is being dominated or
misdirected by a Councilmember, it is his responsibility to inform the Mayor or the
Council as a whole.
City Manager’s Responses to Requests. The City Manager is expected to respond in a13.2
timely manner to the Council and Councilmember’s requests. When information is
requested, the City Manager will estimate a reasonable time frame for collecting the
requested information.
20159321.720159321.8 13
If the City Manager disagrees with the request, he should say so and explain his(a)
position.
If the City Manager disagrees with individual directives, he should initiate(b)
clarification of the Council’s will with regard to the individual
Councilmember’s request.
The City Manager may delegate responsibility for the response as necessary and(c)
appropriate, but the City Manager will be responsible for its receipt by the
Council in a timely manner.
The City Manager should maintain a checklist and timetable for requests and(d)
other directives of the Council.
All Councilmembers will be provided the same written information when any(e)
matter under consideration may be of general concern to the Council. There will
be no preferential dissemination of information by the City Manager or his staff.
Directions to City Manager. During meetings of the Council, unless a vote is taken, a13.3
consensus of the Councilmembers present will be required to direct the City Manager to
take any action.
City Manager’s Duty to Inform. The City Manager is responsible for keeping the13.4
Council informed. The Council should be provided weekly reports outlining progress on
outstanding issues as well as information on new issues and opportunities. Additionally,
the Council should be informed of City news prior to release of such information to the
community, newspaper(s), or other governmental entities, etc.
Customer Concerns. It is the responsibility of the City Manager to establish procedures13.5
for handling customer concerns in all departments with prompt feedback to citizens and
Councilmembers.
City Manager/Council Relations. The City Manager should strive to maintain positive13.6
relations with the Council by following these guidelines:
Work to establish mutual trust with the Council.(a)
Maintain open lines of communication with the Council and keep Council(b)
informed.
Inform all Councilmembers of educational opportunities, recognizing that an(c)
educated Council is in the City’s best interest.
Include the Council in City-sponsored employee social events.(d)
Conduct orientation sessions for new Councilmembers, including a tour of City(e)
buildings and introductions to staff.
***
20159321.720159321.8 14
Amended: January 8, 2013
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50501302.1
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: January 8, 2013
Department: Emergency Management
Subject: Resolution No. 13-R-02 Approving an
Interlocal Agreement to designate San Antonio
Metropolitan Health District Director as a
Health Authority.
BACKGROUND
Since 2002, the City of Schertz has had an Interlocal Agreement in place between the City, the City
of San Antonio, Bexar County and the San Antonio Metropolitan Health District (Metro Health)
that allows the Director of Metro Health to act as the Public Health Authority for the City of Schertz
for both emergency and non-emergency services when needed.
Our latest agreement expired at the end of September, 2012, but Metro Health continued to honor it
because they were still selecting the replacement for longtime Director Dr. Fernando Guerra.
Recently, Dr. Thomas Schlenker was selected as the permanent director and it is time to once again
renew this agreement.
The only changes to this agreement are the naming of Dr. Schlenker as the Health Authority and a
renewal clause that allows the agreement to automatically renew every two years as long as Dr.
Schlenker remains the Director of Metro Health and the City of Schertz reappoints him. As such,
every two years we will need to officially reappoint Dr. Schlenker, but we will not have to renew
the Interlocal Agreement.
Over the last decade, we have used this agreement during the H1N1 outbreak centered in our
community and more recently with the increased prevalence of the West Nile Virus. Metro Health
has been an invaluable partner with the City in both of these situations, and we believe this
relationship is ideal for our City as we continue to grow.
FISCAL IMPACT
There is no cost to this agreement unless we utilize Metro Health services that results in expenses to
Metro Health. For reference, in the two situations when we have used their services we have not
had any costs borne by the City of Schertz.
RECOMMENDATION
Approval of Resolution No. 13-R-02
ATTACHMENTS
Resolution No. 13-R-02 with the Agreement and Health Authority Appointment attached
RESOLUTION NO. 13-R-02
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT
FOR DESIGNATION OF HEALTH AUTHORITY WITH BEXAR
COUNTY, TEXAS; THE CITY OF SAN ANTONIO, TEXAS; AND
VARIOUS OTHER CITIES LOCATED IN BEXAR COUNTY, TEXAS;
DESIGNATING DR. THOMAS SCHLENKER, M.D. AS THE HEALTH
AUTHORITY FOR THE CITY OF SCHERTZ, TEXAS PURSUANT TO
HEALTH AND SAFETY CODE CHAPTER 121 TO PROVIDE
EMERGENCY ASSISTANCE TO THE CITY OF SCHERTZ IN
ACCORDANCE WITH THE TERMS OF THE INTERLOCAL
AGREEMENT; AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the
City enter into an Interlocal Agreement for Designation of Health Authority with Bexar County,
Texas, the City of San Antonio, Texas; and various other cities in Bexar County, Texas relating
to the designation of a Health Authority and the services to be provided by the Health Authority,
which agreement is attached hereto as Exhibit A (the “Agreement”); and
WHEREAS, the City staff of the City has further recommended that the City appoint Dr.
Thomas Schlenker, M.D. as the Health Authority for the City pursuant to Health and Safety
Code Chapter 121 to provide emergency assistance to the City in accordance with the terms of
the Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Bexar County, Texas, the City of San Antonio, Texas; and various other cities in
Bexar County, Texas pursuant to the Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
appoint Dr. Thomas Schlenker, M.D. as the Health Authority for the City pursuant to Health and
Safety Code Chapter 121 to provide emergency assistance to the City in accordance with the
terms of the Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Bexar County, Texas, the City of San Antonio, Texas; and various
other cities in Bexar County, Texas in substantially the form set forth on Exhibit A. Further, the
City Council hereby designates Dr. Thomas Schlenker, M.D. as the Health Authority for the City
pursuant to Health and Safety Code Chapter 121 to provide emergency assistance to the City in
accordance with the terms of the Agreement.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
50565014.1
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 8th day of January, 2013.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
50565014.1 A-1
EXHIBIT A
INTERLOCAL AGREEMENT FOR DESIGNATION OF HEALTH AUTHORITY
Workshop
CITY COUNCIL MEMORANDUM
City Council Meeting: January 8, 2013
Department: City Council
Subject: Workshop - Discussion, direction, and/or
action regarding filling the vacant Place 5
City Council position.
BACKGROUND
At the December 18, 2012 Council meeting, Mayor Carpenter requested that an item be placed
on the next Council agenda to discuss, provide direction to staff, and/or action regarding filling
the vacant Place 5 City Council position.