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11-21-2016 Agenda with backupMEETING AGENDA City Council SPECIAL SESSION CITY COUNCIL November 21, 2016 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable High Quality of Life Safe Community Essential Services Attractive Community Call to Order — Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Fowler) 1. Recognition - Recognition of outgoing Councilmembers. (M. Carpenter) 2. Resolution No. 16 -R -85 — Consideration and/or action approving a Resolution canvassing the returns and declaring the results of the November 8, 2016 General and Special Election; and other matters in connection therewith. (M. Carpenter /B. Dennis) 3. Oath of Office — (B. Dennis) A. Newly Elected Officers — Oath of Office. (B. Dennis) B. Certificate of Election — Presentation of Certificate of Election. (Mayor Carpenter) Roll Call Vote Confirmation Discussion and Action Items 4. Ordinance No. 16 -M -38 — Consideration and/or action approving an Ordinance amending the City Council Rules of Conduct and Procedure reflecting the changes from five Councilmembers to seven and declaring an emergency. First and Final (B. Dennis /M. Carpenter) Roll Call Vote Confirmation 11 -21 -2016 Council Agenda 5. Councilmember Orientation - Information and discussion regarding City Council Duties, Procedures and other such information including but not limited to Charter Overview, Council Ethics /Code of Conduct /Meeting Procedures, Council Policy Model and Governance Model, Organizational Overview, Media 101 Overview, EOC /ICS/NIMS Overview, and Open Meetings /Open Records. 6. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. Adiournment CERTIFICATION I, BRENDA DENNIS, 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 17th DAY OF NOVEMBER 2016 AT 3:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. P>revlda Devlvl,,�s Orenda Dennis, City Secretar 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 2016. 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. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements 11 -21 -2016 City Council Agenda Page - 2 - necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Councilmember Fowler — Place 1 Audit Committee Interview Committee for Boards and Interview Committee for Boards and Commissions Commissions Investment Advisory Committee Schertz Housing Board Liaison TIRZ II Board Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Azzoz — Place 2 Councilmember John — Place 3 Animal Control Advisory Committee Lone Star Rail District Sweetheart Advisory Committee Mayor Pro -Tem Edwards — Place 4 Councilmember Thompson — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 11 -21 -2016 City Council Agenda Page - 3 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: November 21, 2016 Department: City Secretary Subject: Resolution No. 16 -R -85— Canvass of the November 8th General and Special Election BACKGROUND Consideration and or action to approve Resolution No. 16 -R -85 of the City Council of the City of Schertz, Texas approving the canvass of the November 8, 2016 General and Special Election returns and declaring the results of the election. FISCAL IMPACT None RECOMMENDATION Approve Resolution No. 16 -R -85, declaring the winners. ATTACHMENTS Resolution No. 16 -R -85 RESOLUTION NO. 16 -R -85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING THE CANVASS OF THE NOVEMBER 8, 2016 GENERAL AND SPECIAL ELECTION AND DECLARING THE RESULTS OF SUCH ELECTION WHEREAS, a general and special election was held in the City of Schertz, Texas (the "City "), on the 8th day of November, 2016 to elect the Mayor, Councilmembers for Place 1, Place 2, Place 6 and Place 7 and the unexpired term for Place 3; and WHEREAS, said elections were duly and legally held in conformity with the applicable election laws of the State of Texas ( "Texas "); and WHEREAS, the administrators of the election have provided to the City, as required by applicable Texas law, the election results, as tabulated by the administrators on the night of the election; and WHEREAS, in accordance with applicable Texas law, Mayor Carpenter and the City Council duly canvassed the results of the election on this the 21 st day of November, 2016; and WHEREAS, as a result of the canvass, the reported votes establish the following results: Early Voting Election Day Bexar Comal /Guadalupe Bexar Comal /Guadalupe Total Votes Cast MAYOR Michael R. Carpenter 652 7766 113 1389 9920 Grumpy Azzoz 221 2725 65 774 3785 City Council Place 1 Mark Davis 492 6081 111 1293 7977 Carl Douglas 263 2500 41 432 3236 City Council Place 2 Ralph Gutierrez 417 4489 88 940 5934 Glen Outlaw 345 4159 66 817 5387 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I The City Council finds that the results of the general election as set forth above reflect the reported votes, and the canvass of votes is hereby approved. SECTION II The total of votes cast during early voting was 11,601 by personal appearance, and 2,389 votes were cast on Election Day. The total number of votes cast in this election was 13,990. Michael R. Carpenter Mark Davis Ralph Gutierrez Angelina Kiser SECTION III Is hereby declared elected to the Office of Mayor. Is hereby declared elected to the Office of Councilmember Place 1. Is hereby declared elected to the Office of Councilmember Place 2. Is hereby declared elected to the Office of Councilmember Place 6. Page 2 City Council Place 6 Angelina Kiser 524 4830 88 1057 6499 Michael H. Dahle 257 3970 69 713 5009 City Council Place 7 Bert Crawford 471 5837 106 1187 7601 Eric Beam 267 2802 49 565 3683 City Council Place 3 David Sca liola 320 4315 75 902 5612 Scott Larson 439 4499 76 862 5876 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I The City Council finds that the results of the general election as set forth above reflect the reported votes, and the canvass of votes is hereby approved. SECTION II The total of votes cast during early voting was 11,601 by personal appearance, and 2,389 votes were cast on Election Day. The total number of votes cast in this election was 13,990. Michael R. Carpenter Mark Davis Ralph Gutierrez Angelina Kiser SECTION III Is hereby declared elected to the Office of Mayor. Is hereby declared elected to the Office of Councilmember Place 1. Is hereby declared elected to the Office of Councilmember Place 2. Is hereby declared elected to the Office of Councilmember Place 6. Page 2 Bert Crawford Is hereby declared elected to the Office of Councilmember Place 7. Scott Larson Is hereby declared elected to the Office of Councilmember Place 3. PASSED, APPROVED AND ADOPTED this 21 st day of November, 2016. Michael R. Carpenter, Mayor Attest: Brenda Dennis, City Secretary Page 3 MEDIA REPORT Run Date:11 /09/16 09:59 AM Bexar County, Texas General Election November 8, 2016 TOTAL VOTES % EARLY VOTE ELECTION DAY Schertz Mayor Vote for 1 (WITH 3 OF 3 PRECINCTS COUNTED) Michael R. Carpenter. . . . . . . Grumpy Azzoz . . . . . . . . . Over Votes . . . . . . . . . Under Votes . . . . . . . . . Schertz City Council, Place 1 Vote for 1 (WITH 3 OF 3 PRECINCTS COUNTED) Mark Davis . . . . . . . . . . Carl Douglas . . . . . . . . . Over Votes . . . . . . . . . Under Votes . . . . . . . . . Schertz City Council, Place 2 Vote for 1 (WITH 3 OF 3 PRECINCTS COUNTED) Ralph Gutierrez . . . . . . . . Glen Outlaw. . . . . . . . . . Over Votes . . . . . . . . . Under Votes . . . . . . . . . Schertz City Council, Place 6 Vote for 1 (WITH 3 OF 3 PRECINCTS COUNTED) Angelina Kiser. . . . . . . . . Michael H. Dahle . . . . . . . . Over Votes . . . . . . . . . Under Votes . . . . . . . . . Schertz City Council, Place 7 Vote for 1 (WITH 3 OF 3 PRECINCTS COUNTED) Bert Crawford . . . . . . . . . Eric Beam . . . . . . . . . . Over Votes . . . . . . . . . Under Votes . . . . . . . . . Schertz City Council Place 3, Unexpired Term Vote for 1 (WITH 3 OF 3 PRECINCTS COUNTED) David Scagliola . . . . . . . . Scott Larson . . . . . . . . . Over Votes . . . . . . . . . Under Votes . . . . . . . . . 765 72.79 652 113 286 27.21 221 65 0 0 0 285 237 48 603 66.48 492 111 304 33.52 263 41 0 0 0 429 355 74 505 55.13 417 88 411 44.87 345 66 0 0 0 420 348 72 612 65.25 524 88 326 34.75 257 69 0 0 0 398 329 69 577 64.61 471 106 316 35.39 267 49 0 0 0 443 372 71 395 43.41 320 75 515 56.59 439 76 0 0 0 426 351 75 UNOFFICIAL RESULTS Report EL45A Page 001 NUMBERED KEY CANVASS Bexar County, Texas (EARLY VOTE) General Election RUN DATE:11 /09/16 09:59 AM November 8, 2016 REPORT -EL52 PAGE 0001 WITH 3 OF 3 PRECINCTS REPORTING VOTES PERCENT VOTES PERCENT Schertz Mayor Vote for 1 O1 = Michael R. Carpenter 652 74.68 03 = OVER VOTES 0 02 = Grumpy Azzoz 221 25.32 04 = UNDER VOTES 237 ------------------------ 01 02 03 04 4087 ------------------ 448 136 - - - - -- 0 158 4126 203 85 0 76 4127 1 0 0 3 NUMBERED KEY CANVASS Bexar County, Texas (EARLY VOTE) General Election RUN DATE:11 /09/16 09:59 AM November 8, 2016 REPORT -EL52 PAGE 0002 WITH 3 OF 3 PRECINCTS REPORTING VOTES PERCENT VOTES PERCENT Schertz City Council, Place 1 Vote for 1 O1 = Mark Davis 492 65.17 03 = OVER VOTES 0 02 = Carl Douglas 263 34.83 04 = UNDER VOTES 355 ------------------------ 01 02 03 04 4087 ------------------ 321 184 - - - - -- 0 237 4126 171 78 0 115 4127 0 1 0 3 NUMBERED KEY CANVASS RUN DATE:11 /09/16 09:59 AM Bexar County, Texas General Election November 8, 2016 VOTES PERCENT WITH 3 OF 3 PRECINCTS REPORTING (EARLY VOTE) REPORT -EL52 PAGE 0004 VOTES PERCENT Schertz City Council, Place 6 Vote for 1 01 = Angelina Kiser 524 67.09 03 = OVER VOTES 0 02 = Michael H. Dahle 257 32.91 04 = UNDER VOTES 329 ------------------------ 01 02 03 04 4087 ------------------ 357 171 - - - - -- 0 214 4126 166 86 0 112 4127 1 0 0 3 NUMBERED KEY CANVASS RUN DATE:11 /09/16 09:59 AM Bexar County, Texas General Election November 8, 2016 VOTES PERCENT WITH 3 OF 3 PRECINCTS REPORTING (EARLY VOTE) REPORT -EL52 PAGE 0003 VOTES PERCENT Schertz City Council, Place 2 Vote for 1 01 = Ralph Gutierrez 417 54.72 03 = OVER VOTES 0 02 = Glen Outlaw 345 45.28 04 = UNDER VOTES 348 ------------------------ 01 02 03 04 4087 ------------------ 297 221 - - - - -- 0 224 4126 119 124 0 121 4127 1 0 0 3 NUMBERED KEY CANVASS RUN DATE:11 /09/16 09:59 AM Bexar County, Texas General Election November 8, 2016 VOTES PERCENT WITH 3 OF 3 PRECINCTS REPORTING (EARLY VOTE) REPORT -EL52 PAGE 0005 VOTES PERCENT Schertz City Council, Place 7 Vote for 1 01 = Bert Crawford 471 63.82 03 = OVER VOTES 0 02 = Eric Beam ------------------------ 267 36.18 04 = UNDER VOTES 372 01 02 03 04 4087 -------------------- 298 198 - - -- 0 246 4126 172 69 0 123 4127 1 0 0 3 NUMBERED KEY CANVASS Bexar County, Texas (EARLY VOTE) General Election RUN DATE:11 /09/16 09:59 AM November 8, 2016 REPORT•EL52 PAGE 0006 WITH 3 OF 3 PRECINCTS REPORTING VOTES PERCENT VOTES PERCENT Schertz City Council Place 3, Unexpired Term Vote for 1 O1 = David Scagliola 320 42.16 03 = OVER VOTES 0 02 = Scott Larson 439 57.84 04 = UNDER VOTES 351 ------------------------ 01 02 03 04 4087 ------------------ 217 295 - - - - -- 0 230 4126 102 144 0 118 4127 1 0 0 3 NUMBERED KEY CANVASS Bexar County, Texas (ELECTION DAY) General Election RUN DATE:11 /09/16 10:00 AM November 8, 2016 REPORT -EL52 PAGE 0001 WITH 3 OF 3 PRECINCTS REPORTING VOTES PERCENT VOTES PERCENT Schertz Mayor Vote for 1 01 = Michael R. Carpenter 113 63.48 03 = OVER VOTES 0 02 = Grumpy Azzoz 65 36.52 04 = UNDER VOTES 48 ------------------------ 01 02 03 04 4087 ------------------ 70 29 -- - 0 - -- 26 4126 42 36 0 22 4127 1 0 0 0 NUMBERED KEY CANVASS Bexar County, Texas (ELECTION DAY) General Election RUN DATE:11 /09/16 10:00 AM November 8, 2016 REPORT -EL52 PAGE 0002 WITH 3 OF 3 PRECINCTS REPORTING VOTES PERCENT VOTES PERCENT Schertz City Council, Place 1 Vote for 1 O1 = Mark Davis 111 73.03 03 = OVER VOTES 0 02 = Carl Douglas 41 26.97 04 = UNDER VOTES 74 ------------------------ 01 02 03 04 4087 ------------------ 63 25 - - - 0 - -- 37 4126 48 15 0 37 4127 0 1 0 0 NUMBERED KEY CANVASS RUN DATE:11 /09/16 10:00 AM Schertz City Council, Place 2 Vote for 1 Bexar County, Texas General Election November 8, 2016 VOTES PERCENT WITH 3 OF 3 PRECINCTS REPORTING (ELECTION DAY) REPORT -EL52 PAGE 0003 VOTES PERCENT O1 = Ralph Gutierrez 88 57.14 03 = OVER VOTES 0 02 = Glen Outlaw ------------------------ 66 42.86 04 = UNDER VOTES 72 01 02 03 04 4087 ------------------ 51 39 - 0 - - - -- 35 4126 37 26 0 37 4127 0 1 0 0 NUMBERED KEY CANVASS Bexar County, Texas (ELECTION DAY) General Election RUN DATE:11 /09/16 10:00 AM November 8, 2016 REPORT -EL52 PAGE 0004 WITH 3 OF 3 PRECINCTS REPORTING VOTES PERCENT VOTES PERCENT Schertz City Council, Place 6 Vote for 1 O1 = Angelina Kiser 88 56.05 03 = OVER VOTES 0 02 = Michael H. Dahle 69 43.95 04 = UNDER VOTES 69 ------------------------ 01 02 03 04 4087 ------------------ 49 42 0 - - - - -- 34 4126 38 27 0 35 4127 1 0 0 0 NUMBERED KEY CANVASS RUN DATE:11 /09/16 10:00 AM Schertz City Council, Place 7 Vote for 1 Bexar County, Texas General Election November 8, 2016 VOTES PERCENT WITH 3 OF 3 PRECINCTS REPORTING (ELECTION DAY) REPORT•EL52 PAGE 0005 VOTES PERCENT 01 = Bert Crawford 106 68.39 03 = OVER VOTES 0 02 = Eric Beam ------------------------ 49 31.61 04 = UNDER VOTES 71 01 02 03 04 4087 ------------------ 60 31 - - - - 0 -- 34 4126 45 18 0 37 4127 1 0 0 0 NUMBERED KEY CANVASS Bexar County. Texas (ELECTION DAY) General Election RUN DATE:11 /09/16 10:00 AM November 8, 2016 REPORT -EL52 PAGE 0006 WITH 3 OF 3 PRECINCTS REPORTING VOTES PERCENT VOTES PERCENT Schertz City Council Place 3, Unexpired Term Vote for 1 O1 = David Scagliola 75 49.67 03 = OVER VOTES 0 02 = Scott Larson 76 50.33 04 = UNDER VOTES 75 ------------------------ 01 02 03 04 4087 ------------------ 50 41 0 - - - - -- 34 4126 24 35 0 41 4127 1 0 0 0 NUMBERED KEY CANVASS Bexar County, Texas UNOFFICIAL RESULTS General Election RUN DATE:11 /09/16 10:00 AM November 8, 2016 REPORT -EL52 PAGE 0001 WITH 3 OF 3 PRECINCTS REPORTING VOTES PERCENT VOTES PERCENT Schertz Mayor Vote for 1 01 = Michael R. Carpenter 765 72.79 03 = OVER VOTES 0 02 = Grumpy Azzoz ------------------------ 286 27.21 04 = UNDER VOTES 285 01 02 03 04 4087 ------------------ 518 165 - - - - -- 0 184 4126 245 121 0 98 4127 2 0 0 3 NUMBERED KEY CANVASS Bexar County, Texas UNOFFICIAL RESULTS General Election RUN DATE:11 /09/16 10:00 AM November 8, 2016 REPORT -EL52 PAGE 0002 WITH 3 OF 3 PRECINCTS REPORTING VOTES PERCENT VOTES PERCENT Schertz City Council, Place 1 Vote for 1 O1 = Mark Davis 603 66.48 03 = OVER VOTES 0 02 = Carl Douglas 304 33.52 04 = UNDER VOTES 429 ------------------------ 01 02 03 04 4087 ------------------ 384 209 - - - - -- 0 274 4126 219 93 0 152 4127 0 2 0 3 NUMBERED KEY CANVASS RUN DATE:11 /09/16 10:00 AM Schertz City Council, Place 2 Vote for 1 Bexar County, Texas General Election November 8, 2016 VOTES PERCENT WITH 3 OF 3 PRECINCTS REPORTING UNOFFICIAL RESULTS REPORT -EL52 PAGE 0003 VOTES PERCENT O1 = Ralph Gutierrez 505 55.13 03 = OVER VOTES 0 02 = Glen Outlaw ------------------------ 411 44.87 04 = UNDER VOTES 420 01 02 03 04 4087 ------------------ 348 260 - - - - -- 0 259 4126 156 150 0 158 4127 1 1 0 3 NUMBERED KEY CANVASS RUN DATE:11 /09/16 10:00 AM Bexar County, Texas UNOFFICIAL RESULTS General Election November 8, 2016 REPORT -EL52 PAGE 0004 WITH 3 OF 3 PRECINCTS REPORTING VOTES PERCENT VOTES PERCENT Schertz City Council, Place 6 Vote for 1 O1 = Angelina Kiser 612 65.25 03 = OVER VOTES 0 02 = Michael H. Dahle 326 34.75 04 = UNDER VOTES 398 ------------------------ 01 02 03 04 4087 ------------------ 406 213 - - - - -- 0 248 4126 204 113 0 147 4127 2 0 0 3 NUMBERED KEY CANVASS RUN DATE:11 /09/16 10:00 AM Bexar County, Texas General Election November 8, 2016 VOTES PERCENT WITH 3 OF 3 PRECINCTS REPORTING UNOFFICIAL RESULTS REPORT -EL52 PAGE 0005 VOTES PERCENT Schertz City Council, Place 7 Vote for 1 O1 = Bert Crawford 577 64.61 03 = OVER VOTES 0 02 = Eric Beam ------------------------ 316 35.39 04 = UNDER VOTES 443 01 02 03 04 4087 ------------------ 358 229 - - - - -- 0 280 4126 217 87 0 160 4127 2 0 0 3 NUMBERED KEY CANVASS RUN DATE:11 /09/16 10:00 AM Bexar County, Texas General Election November 8, 2016 VOTES PERCENT WITH 3 OF 3 PRECINCTS REPORTING UNOFFICIAL RESULTS REPORT -EL52 PAGE 0006 VOTES PERCENT Schertz City Council Place 3, Unexpired Term Vote for 1 01 = David Scagliola 395 43.41 03 = OVER VOTES 0 02 = Scott Larson 515 56.59 04 = UNDER VOTES 426 ------------------------ 01 02 03 04 ------------------ - - - - -- 4087 267 336 0 264 4126 126 179 0 159 4127 2 0 0 3 Lisa Adam Elections Administrator /Voter Registrar 215 S. Warn Street, Seguin, Texas 78155 ♦ ulww.,grradalvpt- el,rtioits.rom ♦ Phone: (830) 303 -6363 / Fax: (830) 303 -6373 1101 Fibc1 Road, Scherrr., TX 7815.1 Phone: (210) 945 -4199/ Fax: (210) 659 -1225 I, Lisa Adam, Elections Administrator for the County of Guadalupe, do hereby certify the returns for the City of Schertz General & Special Elections held on November 8, 2016, as shown on the attached official canvass statements, as true and correct. ha , ada4.. LISA, ADAM Guadalupe County Elections Administrator Guadalupe County Date:I 1/17/16 City f Schertz General and Special Elections Time: e:I of � � I Pagel of 1 November 8, 2416 Early Voting and Election Day Combined - Official Results SCHERTZ -MAYOR I Total Total Votes 12654 Michael R. Carpenter 9155 72.35% Grumpy Azzoz 3499 27.65% SCHERTZ -CITY COUNCIL, PLI Total Total Votes 10306 Mark Davis 7374 71.55% Carl Douglas 2932 28.45% SCHERTZ -CITY COUNCIL, PL 2 Total Total Votes 10405 Ralph Gutierrez 5429 52.18% Glen Outlaw 4976 47.82% SCHERTZ -CITY COUNCIL, PI-6 Total Total Votes 10570 Angelina Kiser 5887 55.70% Michael H. Dahle 4683 44.30% SCHERTZ -CITY COUNCIL, PI-7 Total Total Votes 10391 Bert Crawford 7024 67.60% Eric Beam 3367 32.40% SCHERTZ -CITY COUNCIL, PI-3 Total Total Votes 10578 David Scagliola 5217 49.32% Scott Larson 5361 50.68% Guadalupe County Date: 11 / 1711 ; City of Schertz General and Special Elections Ti Page g :I of November S, 2016 Early Voting - Official Results SCHERTZ -MAYOR Total Total Votes 10491 Michael R. Carpenter Grumpy Azzoz 7766 2725 74.03% 25.97% SCHERTZ -CITY COUNCIL, PL Total Total Votes 8581 Mark Davis 6081 70.87% Carl Douglas 2500 29.13% SCHERTZ -CITY COUNCIL, PL 2 Total Total Votes 8648 Ralph Gutierrez 4489 51.91% Glen Outlaw 4159 48.09% SCHERTZ -CITY COUNCIL, PL6 Total Total Votes $800 Angelina Kiser 4830 54.89% Michael H. Dahle 3970 45.11% SCHERTZ -CITY COUNCIL, PL7 Total Total Votes 8639 Bert Crawford 5837 67.577/. Eric Beam 2802 32.43% SCHERTZ -CITY COUNCIL, PL3 Total Total Votes 8$14 David Scagliola 4315 48.96 / Scott Larson 4499 51.04% Guadalupe County Date:I 1/] 7/16 City of Schertz General and Special Elections page :I Time: 12:09:28 1 November 8, 2016 Election Day - Official Results SCHERTZ -MAYOR Total Total Votes 2163 Michael R. Carpenter 1389 64.22% Grumpy Azzoz 774 35.78% SCHERTZ -CITY COUNCIL, PL Total Total Votes 1725 Mark Davis 1293 74.96% Carl Douglas 432 25.04% SCHERTZ -CITY COUNCIL, PL 2 Total Total Votes 1757 Ralph Gutierrez 940 53.50% Glen Outlaw 817 46.50% SCHERTZ -CITY COUNCIL, PI-6 Total Total Votes 1770 Angelina Kiser 1057 59.72% Michael H. Dahle 713 40.28% SCHERTZ -CITY COUNCIL, PL7 Total Total Votes 1752 Bert Crawford 1187 67.75% Eric Beam 565 32.25% SCHERTZ -CITY COUNCIL, PL3 Total Total Votes 1764 David Scagliola 902 51.13% Scott Larson 86248-87% In the name and by the authority of The State of Texas OATH OF OFFICE I Mark Davis, do solemnly swear (or affirm), that I will faithfully execute the duties of City Council Place 1, 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 day 2016. Signature of Person Administering Oath (Seal) Printed Name Title Form #2204 In the name and by the authority of The State of Texas OATH OF OFFICE I Ralph Gutierrez, do solemnly swear (or affirm), that I will faithfully execute the duties of City Council Place 2, 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 day 2016. (Seal) Signature of Person Administering Oath Printed Name Title In the name and by the authority of The State of Texas OATH OF OFFICE I Scott Larson, do solemnly swear (or affirm), that I will faithfully execute the duties of City Council Place 3, 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 day 2016. (Seal) Signature of Person Administering Oath Printed Name Title In the name and by the authority of The State of Texas OATH OF OFFICE I Angelina Kiser, do solemnly swear (or affirm), that I will faithfully execute the duties of City Council Place 6, 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 day 2016. (Seal) Signature of Person Administering Oath Printed Name Title In the name and by the authority of The State of Texas OATH OF OFFICE I Bert Crawford, do solemnly swear (or affirm), that I will faithfully execute the duties of City Council Place 7, 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 day 2016. (Seal) Signature of Person Administering Oath Printed Name Title In the name and by the authority of The State of Texas OATH OF OFFICE I Michael R. Carpenter, do solemnly swear (or affirm), that I will faithfully execute the duties of Mayor 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 day 2016. (Seal) Signature of Person Administering Oath Printed Name Title CITY 0 �C10 RPORA V- N � In the name and by the authority of The State of Texas THIS IS TO CERTIFY, that at a general election held on November 8, 2016 Mark Davis Was duly elected Council Place 1 In testimony whereof, I have hereunto signed my name and caused the Seal of Schertz to be affixed at the City of Schertz, this 21 st day of November 2016. Michael R. Carpenter, Mayor 0 I rrti ,l CITY � ww In the name and by the authority of The State of Texas THIS IS TO CERTIFY that at a general election held on November 8, 2016 Ralph Gutierrez Was duly elected Council Place 2 In testimony whereof, I have hereunto signed my name and caused the Seal of Schertz to be affixed at the City of Schertz, this 21St day of November 2016. Michael R. Carpenter, Mayor - CITY- In the name and by the authority of The State of Texas THIS IS TO CERTIFY that at a general election held on November 8, 2016 Angelina Kiser Was duly elected Council Place 6 In testimony whereof, I have hereunto signed my name and caused the Seal of Schertz to be affixed at the City of Schertz, this 21 st day of November 2016. Michael R. Carpenter, Mayor - CITY- In the name and by the authority of The State of Texas THIS IS TO CERTIFY that at a general election held on November 8, 2016 Scott Larson Was duly elected Council Place 3 In testimony whereof, I have hereunto signed my name and caused the Seal of Schertz to be affixed at the City of Schertz, this 21 st day of November 2016. Michael R. Carpenter, Mayor - CITY- In the name and by the authority of The State of Texas THIS IS TO CERTIFY that at a general election held on November 8, 2016 Bert Crawford Was duly elected Council Place 7 In testimony whereof, I have hereunto signed my name and caused the Seal of Schertz to be affixed at the City of Schertz, this 21 st day of November 2016. Michael R. Carpenter, Mayor - CITY- In the name and by the authority of The State of Texas THIS IS TO CERTIFY that at a general election held on November 8, 2016 Michael R. Carpenter Was duly elected Mayor In testimony whereof, I have hereunto signed my name and caused the Seal of Schertz to be affixed at the City of Schertz, this 21 st day of November 2016. Brenda Dennis, City Secretary Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: November 21, 2016 Department: Council Subject: Ordinance No. 16 -M -38 an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure: repealing all ordinances or parts of ordinances in conflict with this ordinance and declaring an emergency (First and Final Reading) BACKGROUND Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. The City Council has identified the need to revise the ordinance to reflect the now seven member council plus the Mayor. The following sections will be updated: Article 2. General Rules — Section 2.2 A. Quorum. "Change three members to four" Article 7. Consideration of Ordinances, Resolutions, and Motions — Section 7.8 Vote Required. "Change three (3) Councilmembers to four (4) Councilmembers. Article 8. Rules of Decorum — Section 8.3 Presiding Officer. "Change three (3) Council members to four (4) Councilmembers. Article 9. Motions and Meeting Procedures — Section 9.3 "Table" change Affirmative Vote by 3 Councilmembers to 4. Section 9.6 To Appeal a Ruling "change three Councilmembers to four (4); "Section 9.7 — To Recess "change three to four Councilmembers is required. Section 9.9 To Postpone or Extend "change three to four Councilmembers ", Section 9.10 To Refer, & Section 9.11 To Amend "change three to four Councilmembers, Section 9.16 To Take Action; Main Motions "change three to four Councilmembers. Goal To clarify, update and amend the Council's Rules of Conduct and Procedures related to a seven member council. City Council Memorandum Page 2 Community Benefit To clearly establish procedures for documenting a seven member council. Summary of Recommended Action Staff recommends Council approve first and final reading of Ordinance No. 16 -M -38 declaring an emergency amending the Council Rules of Conduct and Procedures changing quorum and all references from "three" to "four ". FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve first and final reading of Ordinance No. 16 -M -38 and declaring an emergency. ATTACHMENTS Ordinance No. 16 -M -38 Redline changes Ordinance No. 16 -M -38 Final ORDINANCE NO. 16 -M -38 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; PROVIDING FOR THE TREATMENT OF A SEVEN MEMBER COUNCIL; 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 Charter was revised in December of 2015 to reflect a seven Council member and the Mayor; 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 they relate to the seven member council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Rules of Conduct and Procedure are amended as follows: Article 2. General Rules — Section 2.2 A. Quorum. "Change three members to four members Article 7. Consideration of Ordinances, Resolutions, and Motions — Section 7.8 Vote Required. "Change three (3) Councilmembers to four (4) Councilmembers. Article 8. Rules of Decorum — Section 8.3 Presiding Officer. "Change three (3) Council members to four (4) Councilmembers. Article 9. Motions and Meeting Procedures — Section 9.3 "Table" change Affirmative Vote by 3 Councilmembers to 4. Section 9.6 To Appeal a Ruling "change three Councilmembers to four (4) Section 9.7 — To Recess "change three to four (4) Councilmembers is required Section 9.9 To Postpone or Extend "change three to four (4) Councilmembers Section 9.10 To Refer "change three to four (4) Councilmembers Section 9.11 To Amend "change three to four (4) Councilmembers, Section 9.16 To Take Action; Main Motions "change three to four (4) Councilmembers 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 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, APPROVED and ADOPTED ON FIRST AND FINAL READING, the day of November, 2016. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) 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. 11 -21 -2016 Revised TABLE OF CONTENTS 3.1 Page 3.2 ARTICLE 1. 3.3 Recessed Meetings .............................................................................. ............................... 3 AUTHORITY Adjourned Meetings ............................................................................ ............................... 3 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. 4.1 Mayor ................................................................................................... ..............................3 GENERAL RULES Call to Order ....................................................................................... ............................... 3 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Attendance .......................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1 2.4 Questions to Contain One Subject ...................................................... ............................... 2 2.5 Right to the Floor ................................................................................ ............................... 2 2.6 City Manager ...................................................................................... ............................... 2 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 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Executive Sessions .............................................................................. ............................... 3 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 Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember ................................. ............................4 &5 11 -21 -2016 Revised 1 TABLE OF CONTENTS (continued) 9.1 Motions ............................................................................................... ............................... 8 Page Debate ................................................................................................. ARTICLE 6. 9.3 Motion Procedures ......................................................................... ORDER OF BUSINESS 9.4 6.1 Agenda ........................................................................................... ............................... 5 &6 6.2 Communication to Mayor and Council ............................................... ............................... 6 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 To Postpone or Extend ...................................................................... ARTICLE 7. 9.10 To Refer ............................................................................................ CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 9.11 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 7 7.4 Funding ............................................................................................... ............................... 7 7.5 Reading of Caption Only .................................................................... ............................... 7 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 7 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 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 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Ruling ...................................................................... ............................... 9 &10 9.7 To Recess .......................................................................................... ............................... 10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.10 To Refer ............................................................................................ ............................... 10 9.11 To Amend .................................................................................. ............................... 10&11 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 11 9.13 To Count the Vote ............................................................................. ............................... 11 9.14 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11 11 -21 -2016 Revised 11 TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.16 To Take Action; Main Motions ................................................. ............................... 11 &12 9.17 Effect of Abstentions .................................................. .............................12 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 12 10.5 Adjournment .............................................................................. ............................... 12&13 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 13 11.2 Special Committees .......................................................................... ............................... 13 ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council ..................................................................... ............................... 13 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 12.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings .......................................................................... ............................... 13&14 12.5 Written Communications .................................................................. ............................... 14 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information ............................................... ............................... 14 13.2 City Manager's Responses to Requests ..................................... ............................... 14&15 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 11 -21 -2016 Revised 111 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 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a Councilmember from a meeting shall be managed in accordance with 2.2 B. A. Quo rum. These Four 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. B. Absences. In the event a Councilmember is unable to attend a meeting of the Council, the Councilmember shall notify either the Mayor or the City Secretary as soon as they become aware that they will be unable to attend. Notification may be accomplished via e -mail or telephone and must include the reason for the absence. The City Secretary shall annotate the Councilmember's absence and the reason therefore in the minutes of the meeting from which the Councilmember is absent. Council approval of the subject minutes shall ratify the absence and the reason given therefore and thus excuse the absence. If a Councilmember raises an objection to the absence or the reason given therefore at the time the minutes are to be approved, the matter may be place on a future agenda for debate, discussion and further consideration. 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. 11 -21 -2016 Revised I 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. 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 11 -21 -2016 Revised 2 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. 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 Maw. 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 Mao. 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. 11 -21 -2016 Revised 3 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. (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. 11 -21 -2016 Revised 4 (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. 0) Council reserves the right to alter this procedure at any time by resolution or rule. 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 11 -21 -2016 Revised 5 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 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. 11 -21 -2016 Revised 6 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 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) four (4) 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 11 -21 -2016 Revised 7 of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of thfee-(3) four (4) 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. 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. Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 11 -21 -2016 Revised 8 Affirmative May Resolved Vote by-3 4 Interrupt Second by Chair Council- 2/3 Motion Speaker Required Debatable Amendable No Vote members Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 11 -21 -2016 Revised 8 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 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 nog no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action 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 Mandatory if seconded; no vote required 11 -21 -2016 Revised 9 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) four (4) 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. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of thfe-e (3) four (4) 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) four (4) 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 of4hr-ee (-3) four (4) 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) four (4) 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. 11 -21 -2016 Revised 10 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. 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 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. 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 11 -21 -2016 Revised I I and amendable; and an affirmative vote of three -(3) four (4) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 9.17 Effect of Abstentions; action on required Abstentions; Effect of non - required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally gated to Abstain. When a Council Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Council Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. When the Council Member as no Legal Obligation to Abstain from Voting, When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote. 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 11 -21 -2016 Revised 12 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. 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. 11 -21 -2016 Revised 13 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 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. 11 -21 -2016 Revised 14 (a) If the City Manager disagrees with the request, he should say so and explain his position. (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. 11 -21 -2016 Revised 15 Amended: November 21, 2016 11 -21 -2016 Revised 16 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. 11 -21 -2016 Revised TABLE OF CONTENTS 3.1 Page 3.2 ARTICLE 1. 3.3 Recessed Meetings .............................................................................. ............................... 3 AUTHORITY Adjourned Meetings ............................................................................ ............................... 3 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. 4.1 Mayor ................................................................................................... ..............................3 GENERAL RULES Call to Order ....................................................................................... ............................... 3 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Attendance .......................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1 2.4 Questions to Contain One Subject ...................................................... ............................... 2 2.5 Right to the Floor ................................................................................ ............................... 2 2.6 City Manager ...................................................................................... ............................... 2 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 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Executive Sessions .............................................................................. ............................... 3 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 Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember ................................. ............................4 &5 11 -21 -2016 Revised 1 TABLE OF CONTENTS (continued) 9.1 Motions ............................................................................................... ............................... 8 Page Debate ................................................................................................. ARTICLE 6. 9.3 Motion Procedures ......................................................................... ORDER OF BUSINESS 9.4 6.1 Agenda ........................................................................................... ............................... 5 &6 6.2 Communication to Mayor and Council ............................................... ............................... 6 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 To Postpone or Extend ...................................................................... ARTICLE 7. 9.10 To Refer ............................................................................................ CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 9.11 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 7 7.4 Funding ............................................................................................... ............................... 7 7.5 Reading of Caption Only .................................................................... ............................... 7 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 7 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 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 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Ruling ...................................................................... ............................... 9 &10 9.7 To Recess .......................................................................................... ............................... 10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.10 To Refer ............................................................................................ ............................... 10 9.11 To Amend .................................................................................. ............................... 10&11 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 11 9.13 To Count the Vote ............................................................................. ............................... 11 9.14 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11 11 -21 -2016 Revised 11 TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.16 To Take Action; Main Motions ................................................. ............................... 11 &12 9.17 Effect of Abstentions .................................................. .............................12 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 12 10.5 Adjournment .............................................................................. ............................... 12&13 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 13 11.2 Special Committees .......................................................................... ............................... 13 ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council ..................................................................... ............................... 13 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 12.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings .......................................................................... ............................... 13&14 12.5 Written Communications .................................................................. ............................... 14 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information ............................................... ............................... 14 13.2 City Manager's Responses to Requests ..................................... ............................... 14&15 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 11 -21 -2016 Revised 111 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 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a Councilmember from a meeting shall be managed in accordance with 2.2 B. A. Quo rum. Four 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. B. Absences. In the event a Councilmember is unable to attend a meeting of the Council, the Councilmember shall notify either the Mayor or the City Secretary as soon as they become aware that they will be unable to attend. Notification may be accomplished via e -mail or telephone and must include the reason for the absence. The City Secretary shall annotate the Councilmember's absence and the reason therefore in the minutes of the meeting from which the Councilmember is absent. Council approval of the subject minutes shall ratify the absence and the reason given therefore and thus excuse the absence. If a Councilmember raises an objection to the absence or the reason given therefore at the time the minutes are to be approved, the matter may be place on a future agenda for debate, discussion and further consideration. 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. 11 -21 -2016 Revised 1 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. 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 11 -21 -2016 Revised 2 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. 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 Maw. 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 Mao. 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. 11 -21 -2016 Revised 3 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. (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. 11 -21 -2016 Revised 4 (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. 0) Council reserves the right to alter this procedure at any time by resolution or rule. 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 11 -21 -2016 Revised 5 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 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. 11 -21 -2016 Revised 6 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 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 four (4) 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 11 -21 -2016 Revised 7 of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of four (4) 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. 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. Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 11 -21 -2016 Revised 8 Affirmative May Resolved Vote by 4 Interrupt Second by Chair Council- 2/3 Motion Speaker Required Debatable Amendable No Vote members Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 11 -21 -2016 Revised 8 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 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 reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action 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 Mandatory if seconded; no vote required 11 -21 -2016 Revised 9 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 four (4) 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. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of four (4) 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 four (4) 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 -four (4) 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 four (4) 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. 11 -21 -2016 Revised 10 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. 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 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. 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 11 -21 -2016 Revised I I and amendable; and an affirmative vote of four (4) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 9.17 Effect of Abstentions; action on required Abstentions; Effect of non - required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally gated to Abstain. When a Council Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Council Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. When the Council Member as no Legal Obligation to Abstain from Voting, When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote. 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 11 -21 -2016 Revised 12 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. 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. 11 -21 -2016 Revised 13 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 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. 11 -21 -2016 Revised 14 (a) If the City Manager disagrees with the request, he should say so and explain his position. (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. 11 -21 -2016 Revised 15 Amended: November 21, 2016 11 -21 -2016 Revised 16