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01-17-2012 Agenda PacketSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 01-17-2012 Council Agenda AGENDA TUESDAY, JANUARY 17, 2012 AT 6:00 P.M. The City Council may, for its convenience or for the convenience of City Staff or persons in attendance, modify the order in which items on the agenda are considered by the City Council. Call to Order – Regular Session – 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. City Events • Announcements of upcoming City Events (D. Harris/J. Bierschwale) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Worksession Items A. Discussion and possible action regarding voter consideration to move City’s General Election to November. (Council/B. Dennis) Consent Agenda The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 10, 2012. 01-17-2012 City Council Agenda Page - 2 - 2. Resolution No. 12-R-02 - Consideration and/or action approving a resolution reappointing Mayor Hal Baldwin to the Lone Star Rail District Board for the term of February 1, 2012 to February 1, 2014. (J. Kessel/D. Harris) 3. Resolution No. 12-R-04 – Consideration and/or action approving a resolution authorizing a collection fee in the amount of 30% of debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by a Municipal Court serving the City, and amounts in cases in which the accused has failed to appear. (J. Kessel/M. Spain) 4. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees – Consideration and/or action regarding appointments/reappointments, and resignations to City Boards, Commissions and Committees. • Ratification of the resignation of Mr. Norman Slocum from the Board of Adjustments. • Appointment of Mr. David Reynolds as regular member to the Board of Adjustments. • Appointment of Ms. Reginna Agee as an alternate member to the Board of Adjustments. • Appointment of Mr. Mark Davis as an alternate member to the Transportation Safety Advisory Committee (TSAC). Presentations: • Presentation and update from Gateway Planning Group Inc. (D. Harris) Discussion and/or Action Items 5. Resolution No. 12-R-03 - Consideration and/or action approving a resolution amending the Gateway Planning Group Inc., Professional Services Agreement. (J. Kessel/D. Harris) 6. Ordinance No. 12-M-03 – Consideration and/or action approving an Ordinance revising the City Council Rules of Procedure. First Reading (M. Carpenter/M. Spain) Executive Session Called under Section 551.071 Texas Government Code Litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate, and Section 551.074 the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Reconvene into Regular Session 01-17-2012 City Council Agenda Page - 3 - 7. Take any action deemed necessary as a result of the Executive Session. Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 11. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Adjournment 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 13th DAY OF JANUARY 2012 AT 11:00 A.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. Brenda Dennis Brenda Dennis, TRMC, MMC City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2012. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 619-1030 at least 24 hours in advance of meeting. 01-17-2012 City Council Agenda Page - 4 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board – Lone Star Alamo Area Council of Governments Cibolo Valley Local Government Corporation Schertz Seguin Local Government Corporation Mayor Pro-Tem Scagliola – Council Place 2 Animal Control Advisory Committee Interview Board for Boards and Commissions Sweetheart Advisory Committee Councilmember Fowler – Place 1 Interview Board for Boards and Commissions Schertz Housing Board Liaison Councilmember Antuna - Place 3 Audit Committee Councilmember Edwards – Place 4 Investment Advisory Committee Audit Committee Hal Baldwin Scholarship Committee Councilmember Carpenter – Place 5 TIRZ II Board Hal Baldwin Scholarship Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 17, 2012 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular meeting on January 10, 2012. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of January 10, 2012. ATTACHMENT Minutes Regular meeting January 10, 2012. 01-10-2012 Minutes MINUTES REGULAR MEETING January 10, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 10, 2012, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem David Scagliola Councilmember George Antuna Councilmember Cedric Edwards Councilmember Michael Carpenter Staff Present: City Manager John Kessel Assistant City Manager John Bierschwale Assistant City Manager David Harris Chief of Staff Bob Cantu City Attorney Michael Spain City Secretary Brenda Dennis Councilmember Jim Fowler was absent. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:00 p.m. and welcomed everyone in attendance. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Mayor Baldwin asked Council to move to the consent agenda portion. Council concurred. Consent Agenda The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 3, 2012. 2. Ordinance No. 12-M-02 – Consideration and/or action approving an Ordinance authorizing the adoption of GASB 54 Fund Policy Standards and applications, and related matters in connection therewith. Final reading (J. Kessel/J. Santoya) The following caption was read into record: 01-10-2012 Minutes ORDINANCE NO. 12-M-02 - AN ORDINANCE AUTHORIZING THE ADOPTION OF GASB 54 FUND POLICY STANDARDS AND APPLICATIONS; AND RELATED MATTERS IN CONNECTION THEREWITH. 3. Resolution No. 12-R-02 – Consideration and/or action approving a resolution designating and naming the City’s official newspaper of record. (J. Kessel/B. Dennis) The following caption was read into record: RESOLUTION NO. 12-R-02 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS DESIGNATING THE CITY’S OFFICIAL NEWSPAPER AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 12-R-03 – Consideration and/or action approving a resolution regarding the renewal of the Interlocal Agreement between the City of Schertz and Bexar County regarding fire protection services. (J. Kessel/D. Covington) The following caption was read into record: RESOLUTION NO. 12-R-03 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES WITH BEXAR COUNTY, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Councilmember Carpenter to approve the consent agenda items 1 through 4 as presented. The vote was unanimous. Motion carried City Events • Announcements of upcoming City Events (D. Harris/J. Bierschwale) Mayor Baldwin recognized Assistant City Manager David Harris who stated that the Northeast Partnership meeting will be held at the Northeast Lakeview College at 11:30 a.m., Thursday, January 12, 2012. Mayor Baldwin recognized City Secretary Brenda Dennis who read the following: Residents will head to the polls May 12, 2012 to elect City Council members in Places 1, 2 and Mayor. Place 1 is currently held by Jim Fowler, Place 2 by David Scagliola and the Mayor’s position by Hal Baldwin. 01-10-2012 Minutes Filing for a place on the ballot opens February 4 and closes March 5. Candidate packets are located in the City Secretary’s Office, 1400 Schertz Parkway, Building No. 2, or on Schertz.com. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Baldwin recognized the following who spoke: • Clare Layton, 12231 Lost Meadows, who provided insight and suggestions regarding limiting speakers to three minutes and the placement of the Hearing of Residents on the agenda. • Ms. Maggie Titterington, President of the Schertz Chamber of Commerce, who provided updated information regarding the Chamber. Mayor Baldwin recognized the following who spoke regarding issues in the Fairhaven Subdivision and updated information from Pulte. Mayor Baldwin asked each speaker if they would let the Council know if they would allow Pulte to repair their home, or if they wanted Pulte to buy them out. • Mr. Kenneth and Mrs. Angela Russell, 6034 Mule Deer, requested a buy out • Ms. Jessica Lawrence, 5603 Storm King, who spoke on behalf of her Mom Brenda Davis, requested a buy out • Ms. Patricia Alprein, 5505 Storm King, requested a buy out • Mr. John and Mrs. Donna Fitzgerald, 5304 Storm King, requested a buy out • Mr. Pedro Frechel, 3620 Storm Ridge, requested a buy out • Mr. Bruce and Mrs. Faye Touve, 5213 Brookline, requested a buy out • Mr. Bob Faust, 5448 Strom King, Co-Chair of Fairhaven Steering Committee and spoke as homeowner, requested a buy out • Mr. Ian McIntosh, 6100 Sennen Cove, Co-Chair of Fairhaven Steering Committee and spoke as a homeowner, requested a buy out • Mrs. Trisha Mattison, Director of Legislative Affairs with Homeowners for Better Building (no address given) • Mrs. Janet Ahmad, 18 Sliver Horn, San Antonio, President of Home Owners for Better Building. Mayor Baldwin moved into executive session at 6:46 p.m. 01-10-2012 Minutes Executive Session Called under Section 551.071 Texas Government Code Litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate. Mayor Baldwin reconvened into regular session at 8:31 p.m. Councilmember Edwards left the meeting at 8:31 p.m. Reconvene into Regular Session 5. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given by Mayor and Council. Mayor Baldwin recognized City Manager John Kessel who stated that for informational purposes only: CCMA will be hosting a meeting on Thursday, January 12, 2012. He mentioned one topic that they have been discussing is how to come up with a long term reuse water plan. Mr. Kessel stated that the topic of long term reuse of water may come up at this meeting. If asked by CCMA, our statement would be yes, we are interested in discussing options and starting dialogue. We would not commit to anything and we would not say there is one right way. Mr. Kessel stated that for the long term and the future of the community it is the right thing to do. 8. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers 01-10-2012 Minutes • Upcoming City Council agenda items Mayor Baldwin recognized Mayor Pro-Tem Scagliola who stated he attended the following events: • Ribbon Cutting for the Allstate agency on Schertz Parkway • Schertz Veterans Post Office Renaming Ceremony • Visited the Schertz Animal Shelter – He commended the staff for the great job they are doing at the facility. He stated there are many puppies up for adoption. Mayor Baldwin recognized City Attorney Michael Spain who added information regarding the Animal Shelter expressing his delight with the great cat he and his wife adopted from the Shelter. Mayor Baldwin recognized Councilmember Carpenter who stated he attended the following events: • Schertz Veterans Post Office Renaming Ceremony Councilmember Carpenter also added comments regarding the Shelter and the adoptions of his family’s animals. He stated that over the holidays, his younger son requested before he is no longer on Council, to change the City ordinance; increase the number of pets he can have in our house to allow him to get another dog. Mayor Baldwin stated he also attended the Schertz Veterans Post Office Renaming Ceremony. He stated he appreciated Congressman Cuellar for attending and dedicating the post office. Mayor Baldwin stated that he told Congressman Cuellar that he is disappointed in the fact that his Democrats were going to relieve Congressman Cuellar from being his congressman in the future, if they keep pushing the redistricting item. He stated that Congressman Cuellar said that the redistricting had not gone through yet, but Mayor Baldwin commented that Congressman Cuellar could stop it and help out. The Mayor indicated that it does look like we are going to have four Congressmen in Schertz whether we like it or not. 9. Announcements by City Manager Mayor Baldwin recognized City Manager John Kessel who announced that again this evening there were several citizens who spoke. He stated the City does make every effort to listen and understand the issues and move those forward. Mr. Kessel stated he would encourage the citizens to continue to stay in communication with Pulte and to utilize the City if they need help with that dialogue. He stated he would go further to remind Council what he and his staff have continued to meet with Pulte to try and increase that communication. Mr. Kessel stated that he has 01-10-2012 Minutes requested additional meetings with Pulte Management to push the concerns of the citizens and will continue to do so. Mr. Kessel stated that he received an email in regards to two employees in EMS, Jason Mabbitt and Jason Hedrick. He stated that both gentlemen are experts in their field and that they have been chosen for a National Steering Committee, which is made up of EMS and educational leaders who have experience with the EMS-FTEP Program. Developing an effective process for moving new employees from “licensed” to “field ready for our ambulances” has long been a challenge for EMS executives and the organizations that they lead. NEMSMA has stepped forward with a program to help ease the transition, and to help EMS organizations manage the challenges and pitfalls associated with the effective (and not-so-effective) program. He congratulated Jason Mabbitt and Jason Hedrick for their commitment. Lastly, Mr. Kessel stated that last week he visited with Council regarding some potential structural alignments and consolidations. Mr. Kessel stated that he has presented the same information to staff as a team and is currently meeting with various departments one on one. He stated that these meetings have been very positive and staff is excited about the opportunity. If Council has any concerns, he encourages them to visit with him. Mayor Baldwin publically thanked Mrs. Layton for her insightful comments and suggestions she brought forth earlier. Adjournment Mayor Baldwin adjourned the meeting at 8:43 p.m. ___________________________________ Mayor ATTEST: _______________________________________ Brenda Dennis, TRMC, MMC City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 17, 2012 Department: Council Subject: Resolution No. 12-R-02 - Appointment/Reappointment of elected official to the Rail District Board - BACKGROUND The City of Schertz appoints one member to the Lone Star District Board of Directors. The City’s current appointment is Mayor Hal Baldwin. In accordance with the Rail District’s governing statute (Texas Civil Statutes Article 6550c-1) and bylaws, each Board member serves a two-year term; additionally, the terms are staggered so that one-half of the Board members’ term expires on February 1 of each year to ensure Board continuity. Mayor Baldwin’s term will expire on February 1, 2012. RECOMMENDATION The Rail District requests the City Council appoint an elected official to the Rail District Board to represent the City of Schertz for a two-year term to run from February 1, 2012 to February 1, 2014. The City may reappoint Mayor Baldwin. ATTACHMENTS Resolution No. 2012-R-02 RESOLUTION NO. 12-R-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, APPOINTING MAYOR HAL BALDWIN TO THE BOARD OF DIRECTORS OF THE LONE STAR RAIL DISTRICT, AN OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the “City”) has been a member of the Lone Star Rail District since 2007 and the City Council appoints one member to the Lone Star Rail District Board of Directors; and WHEREAS, the City’s current appointment is Mayor Hal Baldwin (the “Mayor”) and in accordance with the Rail District’s governing statute (Texas Civil Statutes Article 6550c-1) and bylaws, each Board Member serves a two-year term; additionally, the terms are staggered so that one-half of the Board members’ terms expire on February 1 each year to ensure Board continuity; and WHEREAS, the Mayor’s term will expire on February 1, 2012 and the Rail District requests the City Council appoint an elected official to the Rail District Board to represent the City of Schertz for a two-year term to run from February 1, 2012 to February 1, 2014; and WHEREAS, The City may reappoint the Mayor to the Board of Directors and the City Council has determined that it is in the best interest of the City to re- appoint Mayor Hal Baldwin to the Lone Star Rail District Board of Directors for the Term. BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council appoints Mayor Hal Baldwin to serve on the Lone Star Rail District Board of Directors for the Term as indicated. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made part of this Resolution for all purposes and are adopted as a part of the judgment and finding of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is official found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after is final passage, and it is so resolved. PASSED AND ADOPTED, this 17th day of January, 2012. CITY OF SCHERTZ, TEXAS _________________________________ Mayor ATTEST: ___________________________________ City Secretary (CITY SEAL) 50492823.1 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 17, 2012 Department: City Attorney Subject: Resolution No. 12-R-04 – Authorizing a 30% collection fee to be charged on certain unpaid amounts owed to the City when the accused has failed to appear, the debt is more than 60 days past due, and the debt has been referred to an attorney or third party for collection BACKGROUND On October 25, 2011, by Resolution No. 11-R-48, the City Council authorized the City Manager, or his designee, to negotiate and execute a contract with Linebarger Goggan Blair & Sampson, LLP (“LGBS”) related to collecting on the City’s January 1, 2005 through December 31, 2008 outstanding warrants. The 30% fee for the LGBS collection service will be added to the amount owed to the City by the defendant. The City Attorney has reviewed the LGBS contract, and it is consistent with the approval given by City Council in Resolution No. 11-R-48. State law requires that the City pass a resolution specifically authorizing the collection of this 30% fee. Following approval of Resolution No. 12-R-04, LGBS can commence the collection activities on the City’s January 1, 2005 through December 31, 2008 outstanding warrants. FISCAL IMPACT None. (The 30% fee will be added to the defendant’s citation and paid by the defendant.) RECOMMENDATION Approval of Resolution No. 12-R-04 ATTACHMENTS Resolution No. 12-R-04 50492815.1 1 RESOLUTION NO. 12-R-04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COLLECTION FEE IN THE AMOUNT OF 30% OF DEBTS AND ACCOUNTS RECEIVABLE SUCH AS UNPAID FINES, FEES, COURT COSTS, FORFEITED BONDS, AND RESTITUTION ORDERED PAID BY A MUNICIPAL COURT SERVING THE CITY, AND AMOUNTS IN CASES IN WHICH THE ACCUSED HAS FAILED TO APPEAR: (1) AS PROMISED UNDER SUBCHAPTER A, CHAPTER 543, TRANSPORTATION CODE, OR OTHER LAW; (2) IN COMPLIANCE WITH A LAWFUL WRITTEN NOTICE TO APPEAR ISSUED UNDER ARTICLE 14.06(b), TEXAS CODE OF CRIMINAL PROCEDURE, OR OTHER LAW; (3) IN COMPLIANCE WITH A LAWFUL SUMMONS ISSUED UNDER ARTICLE 15.03(b), TEXAS CODE OF CRIMINAL PROCEDURE; (4) IN COMPLIANCE WITH A LAWFUL ORDER OF A COURT SERVING THE CITY; OR (5) AS SPECIFIED IN A CITATION, SUMMONS, OR OTHER NOTICE AUTHORIZED BY SECTION 682.002, TRANSPORTATION CODE, THAT CHARGES THE ACCUSED WITH A PARKING OR STOPPING OFFENSE, WHEN SUCH DEBTS, ACCOUNTS RECEIVABLE AND AMOUNTS ARE MORE THAN 60 DAYS PAST DUE AND HAVE BEEN REFERRED TO AN ATTORNEY OR OTHER VENDOR FOR COLLECTION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the “City”) wishes to defray the costs of collection that it incurs under a contract for collection of delinquent court fines and fees between the City and a collection firm as authorized under the provisions of Article 103.0031 of the Texas Code of Criminal Procedure (the “Article”); WHEREAS, under the Article, the City Council of the City is empowered to authorize the addition of thirty percent (the “Fee”) on each debt and account receivable, including fines and fees, and on each amount in cases in which the accused has failed to appear, when each is more than sixty days past due and has been referred for collection; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the Fee. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. (a) A collection fee is hereby authorized and imposed, as provided by Article 103.0031, Texas Code of Criminal Procedure, in the amount of 30% of debts and accounts receivable, such as unpaid fines, fees, court costs, forfeited bonds, and restitution 50492815.1 2 ordered paid by a municipal court serving the City when such debt or account receivable is more than 60 days past due and has been referred to an attorney or private vendor for collection; and (b) A collection fee is hereby authorized and imposed, as provided by Article 103.0031, Texas Code of Criminal Procedure, in the amount of 30% of amounts in cases in which the accused has failed to appear: (1) as promised under Subchapter A, Chapter 543, Transportation Code or other Law; (2) in compliance with a lawful written notice to appear issued under Article 14.06(b) or other law; (3) in compliance with a lawful summons issued under Article 15.03(b), Texas Code of Criminal Procedure; (4) in compliance with a lawful order of a court serving the City; or (5) as specified in a citation, summons, or other notice authorized by Section 682.002, Transportation Code, that charges the accused with a parking or stopping offense, when such amounts are more than 60 days past due and have been referred to an attorney or private vendor for collection. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. 50492815.1 3 Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 17th day of January, 2012. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 17, 2012 Department: Mayor and Council Subject: Resignations – Appointments – Reappointments to the various Boards and Commissions BACKGROUND Ratify: The resignation of Mr. Norman Slocum from the Board of Adjustments Appoint: Mr. David Reynolds as a regular member to the Board of Adjustments. Mrs. Reginna Agee as an alternate member to the Board of Adjustments. Mr. Mark Davis as an alternate member to the Traffic Safety Advisory Commission. Mr. Davis is currently serving as a regular member of the Parks and Recreation Advisory Board. RECOMMENDATION Appoint Mr. David Reynolds as a regular member and Mrs. Reginna Agee as an alternate to the Board of Adjustments. Appoint Mr. Mark Davis as an alternate member to the Traffic Safety Advisory Commission. This is per the recommendation from the interview board. ATTACHMENTS Letter of Interest - Reginna Agee) Application - Mark Davis 50472689.1 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: January 17, 2012 Department: City Manager Subject: Resolution No. 12-R-03 - Gateway Planning Contract Amendment BACKGROUND Schertz is a special place. Residents and businesses refer to Schertz as a “best kept secret” in the area and national publications have recognized this. In order to provide a road map for the City’s development future in largely under- and un-developed parts of the City, Gateway Planning was hired in July 2010 to provide land use planning services for the North and South Schertz areas. For both North and South Schertz study areas, design charrettes were held. During these charrettes, residents, business owners, elected and appointed officials, and staff were allowed to provide input into the future land use of these areas and conceptual drawings made to suggest potential land use for the two areas. Additional meetings were held with Lone Star Rail District to provide a more desirable location for a potential rail stop in North Schertz that would complement any future development in this area. Throughout the remainder of 2012, staff will be working with Gateway to finalize future zoning, infrastructure locations, potential developers, and investments that may need to be made by the City and/or Economic Development Corporation to preserve the integrity of the plan. The draft plan and zoning should be completed towards the end of 2012. Throughout the process, other opportunities have arisen that have allowed the City to enhance the planning of these and other areas including an expanded footprint of the North Schertz study area, and enhanced focus on Sedona and FM 78/Main Street. Sedona and South Schertz In August, a reformulated Sedona Subdivision development team approached the City about the possibility of “upgrading” the remaining approximately 790 acres of the subdivision’s standards and plans outlined in the Planned Unit Development (PUD) document in an attempt to better respond to changing market conditions. At the same time the City recognized this as an opportunity to create a Master Planned neighborhood—the first in the City—that would set the tone of development in the Southern Sector of Schertz. At its meetings on January 3, 2012, the Planning and Zoning Commission and City Council approved the first of three amendments to the PUD document (now called Planned Development District or PDD). On December 20, 2011, Council authorized the first amendment to the Gateway Planning contract to assist staff in working through many changes of this revised PDD at a cost of $25,000 which will be funded from General Fund Contingencies. This contract amendment is not part of tonight’s action. City Council Memorandum Page 2 The remainder of the existing South Schertz Plan remains on-schedule and unchanged. North Schertz During the North Schertz planning process, it became apparent to several City officials and staff that the project scope needed to be expanded to include areas beyond the original planning area—along the East and West side of I-35 up to Schwab Road (see map below). The enlarged footprint will ensure that both sides of I-35 fall under the same design criteria and provide for zoning complimentary to neighboring districts and the area as a whole. Other deliverables to be realized during this process include: • Developing form-based zoning code for the district • Establishing design criteria for select buildings • Preserving of green space, identifying location of potential parks, and trails • Locating potential roads and infrastructure • Identification of potential regulatory items, City Investment, and developers to ensure the development’s success Tonight’s contract amendment will authorize a change to the footprint of the North Schertz planning area at an additional contract cost of $24,350. This contract revision is proposed to be funded from the Economic Development Corporation (70%) and General Fund (30%). City Council Memorandum Page 3 FM 78 & Main Street The City and EDC contracted with Stainback Public/Private Real Estate (SPPRE) and related subcontractors in January 2009 and amended the agreement in April 2010 to provide land use, planning services, and design guidelines along FM 78 and Main Street in the City. The intent of the project is to establish a plan for urban renewal for this vital corridor. Due to the death of the owner and subsequent closing of the firm, the city has been left with an incomplete project. The project needs to be completed so as to move forward with revitalization of this corridor in the City in an orderly and planned manner. After weighing options on the project, including discussions with other firms, staff negotiated a contract amendment with Gateway Planning to complete this project in the amount of $49,200. This contract revision is proposed to be funded from the Economic Development Corporation (70%) and General Fund (30%). This amendment will allow the City to complete a plan for this important sector of the City, work with a vendor with whom we have an existing working relationship, and allow for continuity between plans between the North and South Schertz planning areas. Deliverables for this project will include the following: • Developing form-based zoning code for the district • Establishing design criteria for select buildings • Identification of potential regulatory items, City Investment, and developers to ensure the development’s success City Council Memorandum Page 4 The Economic Development Corporation granted approval of this item at its meeting on Thursday, January 12, 2012 FISCAL IMPACT Below is a summary of the budget and proposed budget expenditures associated with this revised agreement. It reflects December’s first amendment and tonight’s two proposed changes, North Schertz and FM 78 & Main Street. Tonight’s action will add $73,550 to the revised contract amount. If approved, the estimated contract amount will be a total of $787,113 with a not to exceed cost of $863,624. For tonight’s proposed amendments, it is recommended the Economic Development Department fund 70 percent of the cost ($51,485) and the General Fund fund 30 percent ($22,065). GF EDC TOTAL Not to exceed 7/28/2010 Budget 206,569 481,994 688,563 757,419 N&S Schertz 12/20/2011 Budget 25,000 25,000 25,000 Sedona 1/17/2012 Budget 7,305 17,045 24,350 26,785 N Sch Expanded 1/17/2012 Budget 14,760 34,440 49,200 54,120 FM 78/Main St. Rev Budget 253,634 533,479 787,113 863,324 RECOMMENDATION The City Manager’s Office recommends approval of Resolution No. 12-R-03 ATTACHMENT Resolution No. 12-R-03 50470894.1 -1- RESOLUTION NO. 12-R-03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GATEWAY PLANNING GROUP, INC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the “City”) has previously entered into a Professional Services Agreement with Gateway Planning Group, Inc. (“Gateway”) to assist the City in a master plan for North and South Schertz; and WHEREAS, the City staff of the City has determined that the City requires professional master planning services from Gateway relating to the expansion of the North Schertz project and FM 78 & Main Street project and that such services would best be provided as Additional Services under the City’s existing Professional Services Agreement with Gateway; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the existing Professional Services Agreement with Gateway. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver an amendment to the Professional Services Agreement with Gateway to add master planning services relating to the expansion of the North Schertz project and the FM 78 & Main Street project as Additional Services, for a fee of $73,550 and for a total revised amount of $787,113 and a total not to exceed amount of $863,324. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City 50470894.1 -2- Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 17th day of January, 2012. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50492900.1 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: January 17, 2012 Department: City Attorney Subject: Ordinance No. 12-M-03 – Amendment of (First Reading) City Council Rules of Conduct and Procedure BACKGROUND The Council has recently discussed a number of possible modifications to the Council’s Rules of Conduct and Procedure. FISCAL IMPACT None RECOMMENDATION Approval of Ordinance No. 12-M-03 on first reading ATTACHMENT Ordinance No. 12-M-03, with Amended Rules of Conduct and Procedure attached Redlined copy of the current Rules of Conduct and Procedure showing suggested changes (see pages 4, 5, 11, and 12) 50492857.1 - 1 - ORDINANCE NO. 12-M-03 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has previously adopted Rules of Conduct and Procedure for the conduct of meetings of the City Council; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Rules of Conduct and Procedure as set forth on Exhibit A attached hereto (the “Amended Rules of Conduct and Procedure”); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby approves the Amended Rules of Conduct and Procedure. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance or the Amended and Restated Unified Development Code authorized herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. 50492857.1 - 2 - PASSED ON FIRST READING, the 17th day of January, 2012. PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of January, 2012. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (Seal of City) 50492857.1 A-1 Exhibit A Amended Rules of Conduct and Procedure 20159321.6 CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these “Rules”) are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well-being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues — no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don’t look for hidden agendas. • Observe the City’s written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that “majority rules”. Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. TABLE OF CONTENTS Page 20159321.6 i ARTICLE 1. AUTHORITY 1.1 City Charter ........................................................................................................................ 1 1.2 Effective Date; Amendment .............................................................................................. 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public......................................................................................................... 1 2.2 Quorum .............................................................................................................................. 1 2.3 Minutes of Meetings .......................................................................................................... 1 2.4 Questions to Contain One Subject ..................................................................................... 1 2.5 Right to the Floor ............................................................................................................... 1 2.6 City Manager ..................................................................................................................... 1 2.7 City Attorney ..................................................................................................................... 2 2.8 City Secretary..................................................................................................................... 2 2.9 Officers and Employees ..................................................................................................... 2 2.10 Rules of Order .................................................................................................................... 2 2.11 Suspension of Rules ........................................................................................................... 2 2.12 Amendment to Rules.......................................................................................................... 2 2.13 Matters Not Addressed by Rules ....................................................................................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ............................................................................................................... 2 3.2 Special Meetings ................................................................................................................ 2 3.3 Recessed Meetings ............................................................................................................. 2 3.4 Adjourned Meetings ........................................................................................................... 2 3.5 Executive Sessions ............................................................................................................. 2 3.6 Emergency Meetings ......................................................................................................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................................................. 3 4.2 Call to Order ...................................................................................................................... 3 4.3 Preservation of Order ......................................................................................................... 3 4.4 Rulings by Presiding Officer ............................................................................................. 3 4.5 Questions to be Stated ........................................................................................................ 3 4.6 Substitution of Mayor ........................................................................................................ 3 ARTICLE 5. ORDER OF BUSINESS 5.1 Agenda ............................................................................................................................... 3 5.2 Communication to Mayor and Council.............................................................................. 4 5.3 Approval of Minutes .......................................................................................................... 4 5.4 Presentations by Members of Council ............................................................................... 4 5.5 Consent Agenda ................................................................................................................. 5 TABLE OF CONTENTS (continued) Page 20159321.6 ii ARTICLE 6. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 6.1 Printed, Typewritten, or Electronic Form .......................................................................... 5 6.2 City Manager Review ........................................................................................................ 5 6.3 City Attorney to Approve .................................................................................................. 5 6.4 Funding .............................................................................................................................. 5 6.5 Reading of Caption Only ................................................................................................... 5 6.6 Ordinances—Two Readings; Emergencies ....................................................................... 5 6.7 Recording of Votes ............................................................................................................ 5 6.8 Vote Required .................................................................................................................... 5 6.9 Tie Vote ............................................................................................................................. 5 6.10 Numbering Ordinances and Resolutions .................................................................... [5][6] 6.11 Ordinance Passage Procedure ............................................................................................ 6 ARTICLE 7. RULES OF DECORUM 7.1 Recognition by presiding officer ....................................................................................... 6 7.2 Order .................................................................................................................................. 6 7.3 Presiding Officer ................................................................................................................ 6 7.4 Improper References to be Avoided .................................................................................. 6 7.5 Interruptions ....................................................................................................................... 6 ARTICLE 8. MOTIONS AND MEETING PROCEDURES 8.1 Motions .............................................................................................................................. 6 8.2 Debate ................................................................................................................................ 7 8.3 Motion Procedures ............................................................................................................. 7 8.4 Point of Privilege ............................................................................................................... 7 8.5 Point of Procedure or Order ............................................................................................... 8 8.6 To Appeal a Ruling ............................................................................................................ 8 8.7 To Recess ........................................................................................................................... 8 8.8 To Withdraw ...................................................................................................................... 8 8.9 To Postpone or Extend ....................................................................................................... 8 8.10 To Refer ............................................................................................................................. 9 8.11 To Amend .......................................................................................................................... 9 8.12 To Limit or Close Debate or “Call the Question” .............................................................. 9 8.13 To Count the Vote .............................................................................................................. 9 8.14 To Take Action or Reconsider an Action; Main Motions ................................................. 9 ARTICLE 9. ENFORCEMENT OF DECORUM 9.1 Warning............................................................................................................................ 10 9.2 Removal ........................................................................................................................... 10 9.3 Resisting Removal ........................................................................................................... 10 9.4 Motions to Enforce .......................................................................................................... 10 9.5 Adjournment .................................................................................................................... 10 TABLE OF CONTENTS (continued) Page 20159321.6 iii ARTICLE 10. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 10.1 Standing Committees ....................................................................................................... 10 10.2 Special Committees ......................................................................................................... 10 ARTICLE 11. CITIZENS’ RIGHTS 11.1 Addressing the Council .................................................................................................... 11 11.2 Manner of Addressing the Council – Time Limit ............................................................ 11 11.3 Personal and Slanderous Remarks ................................................................................... 11 11.4 Public Hearings ................................................................................................................ 11 11.5 Written Communications ................................................................................................. 11 11.6 Hearing of Residents ........................................................................................................ 12 ARTICLE 12. COUNCIL AND STAFF RELATIONS 12.1 City Manager to Provide Information .............................................................................. 12 12.2 City Manager’s Responses to Requests ........................................................................... 12 12.3 Directions to City Manager .............................................................................................. 13 12.4 City Manager’s Duty to Inform ....................................................................................... 13 12.5 Customer Concerns .......................................................................................................... 13 12.6 City Manager/Council Relations ...................................................................................... 13 20159321.6 1 ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or executive sessions for certain limited topics. 2.2 Quorum. Three members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or executive session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A recording or “certified agenda” of each closed or executive session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 7.5, 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. 20159321.6 2 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employees. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor’s absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2-2. The Council may also hold regularly scheduled meetings which may be designated by the Council as “workshop” sessions. 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember’s departure from the Council chamber. See Sections 8.3 and 8.4. 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. 20159321.6 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both the Mayor and the Mayor Pro-Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members’ motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Part 8 of these Rules. See Sections 8.3, 8.4, 8.5, 8.6, and 8.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro-Tem to preside if the Mayor Pro-Tem is present. If the Mayor Pro-Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. ORDER OF BUSINESS 5.1 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. 20159321.6 4 (a) Information Required. Any item to be on the agenda must be provided to the City Manager [by no later than 9:00 a.m.][pursuant to a procedure established and modified by the City Manager from time to time. Each item] on the [Thursday preceding the meeting and][agenda] must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 5.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and [any][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. 5.3 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. 5.4 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 “[Items By Council][Requests by Mayor and Councilmembers]” and “[Items][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) 20159321.6 5 discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 5.5 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 6. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 6.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 6.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager[ or his designee]. 6.3 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. 6.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 6.5 Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 6.6 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. 6.7 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. 6.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of three (3) Councilmembers who are present and eligible to vote. 6.9 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. 6.10 Numbering Ordinances and Resolutions. After approval [on a][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]. 20159321.6 6 6.11 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 7. RULES OF DECORUM 7.1 Recognition by presiding officer. Subject to Section 7.5, No person shall address the Council without first being recognized by the presiding officer. 7.2 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. 7.3 Presiding Officer. The Mayor or the Mayor Pro-Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of three (3) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro-Tem, or in his/her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro-Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 7.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 7.5, he/she shall avoid all references to personalities and indecorous language. 7.5 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 8.4) or a point of procedure or order (Section 8.5), or to enter a motion to withdraw a previously-stated motion (Section 8.8), 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 8. MOTIONS AND MEETING PROCEDURES 8.1 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 20159321.6 7 not that he/she necessarily favors the motion. Without a “Second”, if required, the motion dies. 8.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 8.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1 type)*. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 3 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no 8. to amend no yes yes yes no yes no 9. to limit or close debate or ”call the question” no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no ** no no C. Main Motions 12. to take action or reconsider action taken no yes yes yes no yes *** no 8.4 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 * Sections 8.3 through 8.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. ** Mandatory if seconded; no vote required *** Unless a greater vote is required by the Charter or State law 20159321.6 8 attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 8.5 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. 8.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer’s ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer’s ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of three (3) Councilmembers is required. 8.7 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 three (3) Councilmembers is required. 8.8 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. 8.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of three (3) Councilmembers is required. 8.10 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 20159321.6 9 that apply to a main motion. (See Section 8.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of three (3) Councilmembers is required. 8.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of three (3) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 8.12 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. 8.13 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. 8.14 To Take Action or Reconsider an Action; Main Motions . These main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion can be an initial call to take particular action; to reconsider action taken; or to rescind a prior decision. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. ARTICLE 9. ENFORCEMENT OF DECORUM 9.1 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 20159321.6 10 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. 9.2 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). 9.3 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. 9.4 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. 9.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 10. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 10.1 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. 10.2 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. 20159321.6 11 ARTICLE 11. CITIZENS’ RIGHTS 11.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer[; however, preference will be given to those persons who have notified the City Manager in writing by 12:00 noon on the Wednesday immediately preceding such Council meeting of their desire to speak in order that the subject they wish to address be placed on the agenda, and they will be recognized by the presiding officer without further action]. 11.2 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 11.4 below,] limit his/her remarks to [five][three] ([5][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. 11.3 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 Part 9 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 11.4 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 11.2 above)] interested persons may speak, subject to the Councilmembers’ right to appeal the presiding officer’s ruling pursuant to Section 8.6. Subject to modification by the presiding officer, and subject to the Councilmembers’ right of appeal pursuant to Section 8.6, 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. 11.5 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. 20159321.6 12 11.6 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 11.2, unless otherwise authorized by the presiding officer.] ARTICLE 12. COUNCIL AND STAFF RELATIONS 12.1 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. 12.2 City Manager’s Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember’s requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (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. 12.3 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. 20159321.6 13 12.4 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. 12.5 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. 12.6 City Manager/Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City’s best interest. (d) Include the Council in City-sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. * * * Amended: [March 8, 2011][January __, 2012] 20159321.6 CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these “Rules”) are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well-being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues — no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don’t look for hidden agendas. • Observe the City’s written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that “majority rules”. Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. TABLE OF CONTENTS Page 20159321.6 i ARTICLE 1. AUTHORITY 1.1 City Charter ........................................................................................................................ 1 1.2 Effective Date; Amendment .............................................................................................. 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public......................................................................................................... 1 2.2 Quorum .............................................................................................................................. 1 2.3 Minutes of Meetings .......................................................................................................... 1 2.4 Questions to Contain One Subject ..................................................................................... 1 2.5 Right to the Floor ............................................................................................................... 1 2.6 City Manager ..................................................................................................................... 1 2.7 City Attorney ..................................................................................................................... 2 2.8 City Secretary..................................................................................................................... 2 2.9 Officers and Employees ..................................................................................................... 2 2.10 Rules of Order .................................................................................................................... 2 2.11 Suspension of Rules ........................................................................................................... 2 2.12 Amendment to Rules.......................................................................................................... 2 2.13 Matters Not Addressed by Rules ....................................................................................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ............................................................................................................... 2 3.2 Special Meetings ................................................................................................................ 2 3.3 Recessed Meetings ............................................................................................................. 2 3.4 Adjourned Meetings ........................................................................................................... 2 3.5 Executive Sessions ............................................................................................................. 2 3.6 Emergency Meetings ......................................................................................................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................................................. 3 4.2 Call to Order ...................................................................................................................... 3 4.3 Preservation of Order ......................................................................................................... 3 4.4 Rulings by Presiding Officer ............................................................................................. 3 4.5 Questions to be Stated ........................................................................................................ 3 4.6 Substitution of Mayor ........................................................................................................ 3 ARTICLE 5. ORDER OF BUSINESS 5.1 Agenda ............................................................................................................................... 3 5.2 Communication to Mayor and Council.............................................................................. 4 5.3 Approval of Minutes .......................................................................................................... 4 5.4 Presentations by Members of Council ............................................................................... 4 5.5 Consent Agenda ................................................................................................................. 5 TABLE OF CONTENTS (continued) Page 20159321.6 ii ARTICLE 6. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 6.1 Printed, Typewritten, or Electronic Form .......................................................................... 5 6.2 City Manager Review ........................................................................................................ 5 6.3 City Attorney to Approve .................................................................................................. 5 6.4 Funding .............................................................................................................................. 5 6.5 Reading of Caption Only ................................................................................................... 5 6.6 Ordinances—Two Readings; Emergencies ....................................................................... 5 6.7 Recording of Votes ............................................................................................................ 5 6.8 Vote Required .................................................................................................................... 5 6.9 Tie Vote ............................................................................................................................. 5 6.10 Numbering Ordinances and Resolutions ........................................................................... 6 6.11 Ordinance Passage Procedure ............................................................................................ 6 ARTICLE 7. RULES OF DECORUM 7.1 Recognition by presiding officer ....................................................................................... 6 7.2 Order .................................................................................................................................. 6 7.3 Presiding Officer ................................................................................................................ 6 7.4 Improper References to be Avoided .................................................................................. 6 7.5 Interruptions ....................................................................................................................... 6 ARTICLE 8. MOTIONS AND MEETING PROCEDURES 8.1 Motions .............................................................................................................................. 6 8.2 Debate ................................................................................................................................ 7 8.3 Motion Procedures ............................................................................................................. 7 8.4 Point of Privilege ............................................................................................................... 7 8.5 Point of Procedure or Order ............................................................................................... 8 8.6 To Appeal a Ruling ............................................................................................................ 8 8.7 To Recess ........................................................................................................................... 8 8.8 To Withdraw ...................................................................................................................... 8 8.9 To Postpone or Extend ....................................................................................................... 8 8.10 To Refer ............................................................................................................................. 9 8.11 To Amend .......................................................................................................................... 9 8.12 To Limit or Close Debate or “Call the Question” .............................................................. 9 8.13 To Count the Vote .............................................................................................................. 9 8.14 To Take Action or Reconsider an Action; Main Motions ................................................. 9 ARTICLE 9. ENFORCEMENT OF DECORUM 9.1 Warning............................................................................................................................ 10 9.2 Removal ........................................................................................................................... 10 9.3 Resisting Removal ........................................................................................................... 10 9.4 Motions to Enforce .......................................................................................................... 10 9.5 Adjournment .................................................................................................................... 10 TABLE OF CONTENTS (continued) Page 20159321.6 iii ARTICLE 10. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 10.1 Standing Committees ....................................................................................................... 10 10.2 Special Committees ......................................................................................................... 10 ARTICLE 11. CITIZENS’ RIGHTS 11.1 Addressing the Council .................................................................................................... 11 11.2 Manner of Addressing the Council – Time Limit ............................................................ 11 11.3 Personal and Slanderous Remarks ................................................................................... 11 11.4 Public Hearings ................................................................................................................ 11 11.5 Written Communications ................................................................................................. 11 11.6 Hearing of Residents ........................................................................................................ 12 ARTICLE 12. COUNCIL AND STAFF RELATIONS 12.1 City Manager to Provide Information .............................................................................. 12 12.2 City Manager’s Responses to Requests ........................................................................... 12 12.3 Directions to City Manager .............................................................................................. 13 12.4 City Manager’s Duty to Inform ....................................................................................... 13 12.5 Customer Concerns .......................................................................................................... 13 12.6 City Manager/Council Relations ...................................................................................... 13 20159321.6 1 ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or executive sessions for certain limited topics. 2.2 Quorum. Three members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or executive session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A recording or “certified agenda” of each closed or executive session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 7.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor’s absence) at an appropriate time, and shall confine his/her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 20159321.6 2 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employees. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor’s absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2-2. The Council may also hold regularly scheduled meetings which may be designated by the Council as “workshop” sessions. 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember’s departure from the Council chamber. See Sections 8.3 and 8.4. 3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with State law. 20159321.6 3 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both the Mayor and the Mayor Pro-Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members’ motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Part 8 of these Rules. See Sections 8.3, 8.4, 8.5, 8.6, and 8.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro-Tem to preside if the Mayor Pro-Tem is present. If the Mayor Pro-Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. ORDER OF BUSINESS 5.1 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 20159321.6 4 time that permits the agenda for the Council meeting to be properly posted by the City Secretary’s Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary’s Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 5.2 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. 5.3 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. 5.4 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 20159321.6 5 “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. 5.5 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 6. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 6.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 6.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 6.3 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. 6.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 6.5 Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 6.6 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. 6.7 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. 6.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of three (3) Councilmembers who are present and eligible to vote. 6.9 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. 20159321.6 6 6.10 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. 6.11 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 7. RULES OF DECORUM 7.1 Recognition by presiding officer. Subject to Section 7.5, No person shall address the Council without first being recognized by the presiding officer. 7.2 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. 7.3 Presiding Officer. The Mayor or the Mayor Pro-Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of three (3) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro-Tem, or in his/her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro-Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 7.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 7.5, he/she shall avoid all references to personalities and indecorous language. 7.5 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 8.4) or a point of procedure or order (Section 8.5), or to enter a motion to withdraw a previously-stated motion (Section 8.8), 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 8. MOTIONS AND MEETING PROCEDURES 8.1 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 20159321.6 7 “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. 8.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 8.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1 type)*. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 3 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no 8. to amend no yes yes yes no yes no 9. to limit or close debate or ”call the question” no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no ** no no C. Main Motions 12. to take action or reconsider action taken no yes yes yes no yes *** no 8.4 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 * Sections 8.3 through 8.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. ** Mandatory if seconded; no vote required *** Unless a greater vote is required by the Charter or State law 20159321.6 8 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. 8.5 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. 8.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer’s ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer’s ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of three (3) Councilmembers is required. 8.7 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 three (3) Councilmembers is required. 8.8 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. 8.9 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 20159321.6 9 it is amendable (particularly as to postponement, timing), and an affirmative vote of three (3) Councilmembers is required. 8.10 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 8.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of three (3) Councilmembers is required. 8.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of three (3) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 8.12 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. 8.13 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. 8.14 To Take Action or Reconsider an Action; Main Motions . These main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion can be an initial call to take particular action; to reconsider action taken; or to rescind a prior decision. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 20159321.6 10 ARTICLE 9. ENFORCEMENT OF DECORUM 9.1 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. 9.2 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). 9.3 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. 9.4 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. 9.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 10. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 10.1 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. 10.2 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 20159321.6 11 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 11. CITIZENS’ RIGHTS 11.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 11.2 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 11.4 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. 11.3 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 Part 9 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 11.4 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 11.2 above) interested persons may speak, subject to the Councilmembers’ right to appeal the presiding officer’s ruling pursuant to Section 8.6. Subject to modification by the presiding officer, and subject to the Councilmembers’ right of appeal pursuant to Section 8.6, 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. 11.5 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. 20159321.6 12 11.6 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 11.2, unless otherwise authorized by the presiding officer. ARTICLE 12. COUNCIL AND STAFF RELATIONS 12.1 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. 12.2 City Manager’s Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember’s requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (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. 20159321.6 13 12.3 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. 12.4 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. 12.5 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. 12.6 City Manager/Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City’s best interest. (d) Include the Council in City-sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. * * * Amended: January __, 2012