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HomeMy WebLinkAboutResolution 4684-09-2016 A Resolution NO. 4684-09-2016 AMENDING THE CITY COUNCIL RULES OF PROCEDURE TO REFLECT CHANGES APPROVED AT THE MAY 7, 2016, CHARTER AMENDMENT ELECTION, TO CONFORM TO CURRENT CITY PROCEDURES AND TO CLARIFY THE DEFINITION OF A REGULAR MEETING WHEREAS, Chapter III, Section 5 of the City Charter provides that the City Council shall determine rules of procedure for its meetings; and WHEREAS, the City Council adopted its current rules of procedure on January 8, 1960, and have amended them from time to time; and WHEREAS, the City Council desires to further amend the rules as set forth herein in order to amend the current rules to reflect changes made as a result of the May 7, 2016, Charter Amendment election, to conform the rules to current City procedures and to clarify the definition of a regular meeting, all as more specifically set forth in Exhibit A; and WHEREAS, the proposed amendments to the rules were introduced during the City Council meeting of September 20, 2016; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,THAT: 1. The Rules of Procedure, City Council of the City of Fort Worth (adopted January 8, 1960, as amended) are hereby amended as set forth in Exhibit "A". 2. This Resolution shall take effect on October 1, 2016. 3. The City Attorney and City Secretary are directed to prepare a new printing of the Rules of Procedure, as amended, and distribute same to the members of the City Council, City Manager and other City staff as deemed appropriate. Adopted this 27th day of September, 2016 a o a0°M0000 4�0�0��T� a ATTEST Y ary Ka S retary oo°oo° � y� o, aati`��X�#`S .oaa ORT WORT RULES OF PROCEDURE CITY COUNCIL of the CITY OF FORT WORTH Originally Adopted January 8,1960 Second Printing,February 1964 Third Printing,March 1968 Fourth Printing July 1976 Fifth Printing January 1978 Sixth Printing,March 1980 Seventh Printing December 1980 Eighth Printing,June 1987 Ninth Printing,May 1991 Tenth Printing,January 2001 Eleventh Printing,September 2005 Twelfth Printing,May 2008 Thirteenth Printing,November 2008 Fourteenth Printing,August 2009 Fifteenth Printing,May 2011 Sixteenth Printing September 2012 Seventeenth Printing December 2012 Eighteenth Printing June 2015 Nineteenth Printing September 2016 City of Fort Worth, Texas City Council Rules of Procedures TABLE OF CONTENTS RULESOF PROCEDURE.................................................................................................................................. 1 1. AUTHORITY .............................................................................................................................................. 1 1.1 Charter ................................................................................................................................................ 1 2. GENERAL RULES...................................................................................................................................... 1 2.1 Meetings to be Public.......................................................................................................................... 1 2.2 Quorum............................................................................................................................................... 1 2.3 Compelling Attendance....................................................................................................................... 1 2.4 Misconduct ......................................................................................................................................... 1 2.5 Minutes of Meetings .......................................................................................................................... 1 2.6 Questions to Contain One Subject ..................................................................................................... 1 2.7 Right of Floor ..................................................................................................................................... 1 2.8 City Manager....................................................................................................................................... 1 2.9 City Attorney.......................................................................................................................................2 2.10 City Secretary......................................................................................................................................2 2.11 Officers and Employees......................................................................................................................2 2.12 Rules of Order.....................................................................................................................................2 2.13 Suspension of Rules............................................................................................................................2 2.14 Amendment to Rules...........................................................................................................................2 3. TYPES OF MEETINGS...............................................................................................................................2 3.1 Definitions ..........................................................................................................................................2 3.2 City Council Work Sessions .............................................................................................................3 3.3 City Council Meetings .......................................................................................................................3 3.4 Special Called Meeting ......................................................................................................................3 3.5 City Council Committee Meetings......................................................................................................3 3.6 Attendance at Meetings by Videoconference Call .................................................................3,4,5,6,7 3.7 Recessed Meetings .............................................................................................................................7 4. CHAIRMAN AND DUTIES........................................................................................................................7 4.1 Chairman.............................................................................................................................................7 4.2 Call to Order........................................................................................................................................7 4.3 Preservation of Order..........................................................................................................................7 4.4 Points of Order ................................................................................................................................... 8 4.5 Questions to be Stated ........................................................................................................................8 4.6 Substitution for Chairman ..................................................................................................................8 5. ORDER OF BUSINESS............................................................................................................................... 8 5.1 Agenda ............................................................................................................................................... 8 5.1.1 Zoning Hearing................................................................................................................................... 8 5.2 Presentations by Members of Council................................................................................................ 8 City of Fort Worth,Texas City Council Rules of Procedures 5.2.1 Council Proposals ............................................................................................................................8,9 5.2.2 Council Requests for Staff Reports ....................................................................................................9 5.3 Agenda Deadline.................................................................................................................................9 5.4 Presentations by Persons Attending Council Meetings.......................................................................9 5.4.1 Speaker Card Submittal.......................................................................................................................9 5.4.2 Speaker's Use of Electronic Media................................................................................................... 10 5.4.3 Individual Presentations.................................................................................................................... 10 5.4.4 Group Presentations.......................................................................................................................... 10 5.4.5 Recognition of Speakers by Chairman.............................................................................................. 10 5.4.6 Citizen Presentations.................................................................................................................... 10,11 5.5 Communications to Mayor and Council........................................................................................... 11 5.6 Oral Presentations by City Manager................................................................................................. 11 5.7 Competitive Bids;Drawing to be Held in Presence of City Council................................................ 11 6. CONSIDERATION OF ORDINANCES,RESOLUTIONS,AND MOTIONS........................................ 12 6.1 Printed or Typewritten Form............................................................................................................. 12 6.2 City Attorney to Approve.................................................................................................................. 12 6.3 Action on Ordinances ...................................................................... .................................................12 6.4 Distribution of Ordinances ............................................................................................................... 12 6.5 Recording of Votes........................................................................................................................... 12 6.6 Majority Vote Required.................................................................................................................... 12 6.7 Tie Vote............................................................................................................................................. 12 6.8 Voting Required................................................................................................................................ 12 6.9 Order of Precedence of Motions....................................................................................................... 13 6.10 Reconsideration............................................................................................................................ 13,14 6.11 The Previous Question...................................................................................................................... 14 6.12 Withdrawal of Motions..................................................................................................................... 14 6.13 Amendments to Motions................................................................................................................... 14 6.14 Actions Involving Appropriation or Expending of Money............................................................... 14 6.15 Transfer of Appropriations................................................................................................................ 15 7. CREATION OF COMMITTEES, BOARDS,AND COMMISSIONS...................................................... 15 7.1 Standing Council Committees........................................................................................................... 15 7.2 Ad Hoc Council Committees ........................................................................................................... 15 7.3 Citizen Boards, Commissions,and Committees.......................................................................... 15,16 7.4 Council Appointments to Boards, Commissions, and Committees.................................................. 16 7.5 Audit and Finance Advisory Committee(repealed)........................................... ..................16 8. VOTES REQUIRED.................................................................................................................................. 16 8.1 Charter and State Statutory Requirements........................................................................................ 16 8.1.1 Changing Paving Assessment-6 Votes............................................................................................ 16 8.1.2 Use of Streets-6 Votes..................................................................................................................... 16 8.1.3 Changing of Zoning Ordinance-7 Votes......................................................................................... 16 8.2 Council Rules Requirement.............................................................................................................. 16 8.2.1 Suspending Rules-6 Votes.............................................................................................................. 16 8.2.2 Limit or Extend Limits of Debate-6 Votes...................................................................................... 17 City of Fort Worth,Texas City Council Rules of Procedures 8.2.3 The Previous Question-6 Votes ...................................................................................................... 17 HISTORY OF ADOPTION AND AMENDMENTS ............................................................................. 18,19,20 City of Fort Worth,Texas City Council Rules of Procedures RULES OF PROCEDURE 1. AUTHORITY 1.1 Charter: Chapter III, Section 5 of the Charter of the City of Fort Worth provides that the Council shall determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules adopted in the manner provided for by these rules. 2. GENERAL RULES 2.1 Meetings to be Public: All official meetings of the Council and all sessions of a Committee of the Council shall be public. (Charter- Ch. III, Sec. 5) 2.2 Quorum: two-thirds of the Council shall constitute a quorum. (Charter - Ch. III, Sec. 5) 2.3 Compelling Attendance: The Council may compel the attendance of absent members. (Charter- Ch. III, Sec. 5) 2.4 Misconduct: The Council may punish its own members for misconduct. (Charter- Ch. III, Sec. 5) 2.5 Minutes of Meetings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. 2.6 Questions to Contain One Subject: All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. (Charter- Ch.XXV, Sec. 7) 2.7 Right of Floor: Any member desiring to speak shall be recognized by the Chairman, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 City Manager: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He 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. (Charter - Ch. V, Sec. 2(5)) 1 City of Fort Worth,Texas City Council Rules of Procedures 2.9 City Attorney: The City Attorney, or Acting City Attorney, shall attend all meetings of the Council unless excused, and shall upon request give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian. (Charter- Ch. VI, Sec. 1) 2.10 City Secretary: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested of him/her by the Council. 2.11 Officers and Employ: Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, they may present information relating to matters before the City Council. 2.12 Rules of Order: Roberts Rules of Order Revised shall govern the proceedings of the Council in all cases, unless they are in conflict with these rules. 2.13 Suspension of Rules: Any provision of these rules not governed by the City Charter or Code may be temporarily suspended by a two-thirds vote of all members of the Council. The vote on any such suspension shall be taken by ayes and noes and entered upon the record. 2.14 Amendment to Rules: These rules may be amended, or new rules adopted, by a majority vote of all members of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior City Council Meeting. 3. TYPES OF MEETINGS 3.1 Definitions: a. Regular Meeting: A regular meeting of the City Council shall mean a meeting of a quorum of the City Council at which the City Council members are briefed or vote on matters of interest to the city and shall include City Council Work Sessions and City Council Meetings. (Resolution 4684-09-2016, September 27, 2016) b. Special Called Meeting: A special called meeting of the City Council shall mean a meeting of a quorum of the City Council called by the Mayor or any three Council members at which the City Council members are briefed or vote on matters of interest to the city. (Resolution 4684-09-2016, September 27, 2016) 2 City of Fort Worth,Texas City Council Rules of Procedures 3.2 City Council Work Sessions: Unless otherwise officially changed by the City Council or City Manager, the Council shall meet in the City Council Conference Room at the City Hall on Tuesday of each week at 3:00 p.m. for the City Council Work Session in order to be briefed on matters of interest to the city and conduct other city business. (Resolution 4684-09-2016, September 27, 2016) 3.3 City Council Meetings: Unless otherwise officially changed by the City Council, the Council shall meet in the Council Chambers at the City Hall on Tuesday of each week at 7:00 p.m. for the City Council Meeting in order to consider and vote on agenda items and conduct other city business. (Resolution 4684-09-2016, September 27, 2016) 3.4 Special Called Meetings: Special Called Meetings shall be in writing and shall state the object of the meeting, and no business shall be transacted other than that specified in the call, in accordance with state law. (Charter - Ch. III, Sec. 5 and Resolution 4684-09-2016, September 27, 2016) 3.5 Council Committee Meetings: City Council Committee meetings will be held at such times as may be called by the City Manager. (Revised by Resolution No. 3242-08-2005, 8/16/05; Resolution 4684-09-2016, September 27, 2016)) 3.6 Attendance at Meetings by Videoconference Call: a. Definitions. i. Designated Remote Meeting Location means the meeting location where a meeting takes place and a Councilmember or members of the public are present at the location other than the Physical Meeting Location and participate remotely in a meeting of the City Council by means of a videoconference call that meets the requirements of Texas Government Code §551.127. ii. Governmental Body means the Fort Worth City Council. iii. Physical Meeting Location means the meeting location where a meeting takes place in a physical space, the member of the Governmental Body presiding over the meeting is present at the physical space and the meeting meets the requirements of Texas Government Code §551.127. b. Notice Requirements. i. The notice of a meeting to be held by videoconference call must specify the Physical Meeting Location and specify the intent to have 3 City of Fort Worth,Texas City Council Rules of Procedures the member of the Governmental Body presiding over the meeting at the Physical Meeting Location; and ii. If members of the public will be present at a Designated Remote Meeting Location via videoconference call, the notice must specify the remote location and be posted in compliance with the Texas Open Meetings Act and other applicable laws. c. Meetings by Videoconference Call: i. Videoconference Call by Individual Councilmember(s): A Councilmember may individually participate remotely in a meeting of the City Council by means of a videoconference call if: (1) the video and audio feed of the Councilmember's participation is broadcast live at the Physical Meeting Location and complies with the provisions of this section and state law; (2) the Councilmember, while speaking, is clearly visible and audible to each Councilmember participating in the meeting at the Physical Meeting Location; (3) the Councilmember, while speaking, is clearly visible and audible to the members of the public in attendance at the Physical Meeting Location during the open portion of the meeting; and (4) No members of the public are present at the Designated Remote Meeting Location. ii. Designated Remote Meeting Location.: If a Councilmember or members of the public are present at the Designated Remote Meeting Location, the Councilmember or the members of the public may participate remotely in a meeting of the City Council by means of a videoconference call if: (1) the video and audio feed of the Councilmember or the members of the public participation is broadcast live at the Physical Meeting Location and complies with the provisions of this section and state law; (2) the Councilmember or the members of the public, while speaking, are clearly visible and audible to each Councilmember participating in the meeting at the Physical Meeting Location; (3) the Councilmember or the members of the public, while speaking, are clearly visible and audible to the members of the 4 City of Fort Worth,Texas City Council Rules of Procedures public in attendance at the Physical Meeting Location during the open portion of the meeting; (4) the members of the public present at the remote meeting location are provided the opportunity to participate in the meeting in the same manner as a member of the public who is physically present at a meeting of the Governmental Body that is not conducted by videoconference call; and (5) the Designated Remote Meeting Location was posted in compliance with the Texas Open Meetings Act and other applicable laws. d. Quorum: i. Videoconference Call by Individual Councilmember. a. If a quorum of the City Council is present at the Physical Meeting Location, and one (1) or more of the Councilmember(s) attending the meeting via videoconference call is no longer visible and audible to those in attendance at the Physical Meeting Location, the meeting at the Physical Meeting Location may continue in accordance with the Texas Open Meetings Act. b. If a quorum of the City Council is not present at the Physical Meeting Location, and one (1) or more of the Councilmember(s) attending the meeting via videoconference call is no longer visible and audible to those in attendance at the Physical Meeting Location, and that causes the loss of the quorum, the meeting at the Physical Meeting Location shall be recessed until the problem can be resolved. If the problem cannot be resolved in one (1) hour, the meeting shall be recessed to the following business day or reposted for a meeting at a later date in compliance with the Texas Open Meetings Act. If the quorum is not lost, the meeting may continue. ii. Designated Remote Meeting Location. a. If members of the public attending the meeting via videoconference call at a Designated Remote Meeting Location are no longer visible and audible to those in attendance at the Physical Meeting Location, the meeting at the Physical Meeting Location shall be 5 City of Fort Worth,Texas City Council Rules of Procedures recessed until the problem is resolved. If the problem cannot be resolved in one (1) hour, the meeting shall be recessed to the following business day or reposted for a meeting at a later date in compliance with the Texas Open Meetings Act. b. If the Councilmember attending the meeting via videoconference call at a Designated Remote Meeting Location is no longer visible and audible to those in attendance at the Physical Meeting Location, and that causes the loss of the quorum, the meeting at the Physical Meeting Location shall be recessed until the problem can be resolved. If the problem cannot be resolved in one (1) hour, the meeting shall be recessed to the following business day or reposted for a meeting at a later date in compliance with the Texas Open Meetings Act. If the quorum is not lost, the meeting may continue. e. Executive/ Closed Session: i. The City Council may conduct a closed meeting by videoconference call provided that the closed meeting complies with the provisions of this section and the Texas Open Meetings Act. A Councilmember participating in a closed meeting via videoconference call must be in a closed room and must be alone to protect the confidentiality of the closed meeting and to preserve attorney client privilege. f. General Provisions: i. Councilmembers shall notify the City Secretary of their intent to utilize videoconferencing, which includes members of the public participating at a Designated Remote Meeting Location, by 5:00 PM on the Tuesday one week prior to the regularly scheduled Council Meeting. All other requests to utilize videoconferencing should be submitted by the same deadline or as soon as practicable. ii. A councilmember participating in a videoconference call meeting shall be counted as present at the meeting for all purposes. iii. Requests to participate in a meeting via videoconference call will be taken on a first-come/first-served basis. There must be a sufficient number of video feeds to meet the requirements of the Texas Open Meetings Act. 6 City of Fort Worth,Texas City Council Rules of Procedures iv. Remote meetings by videoconference call with members of the public present will not be available for the budget-related hearings or meetings, unless sufficient notice is given to meet the notice requirements as set forth in the City Charter, the Texas Local Government Code, and the Texas Property Tax Code. V. This Section 3.1.1 shall only apply to meetings of the City Council and shall not apply to meetings of City Council Committees, Citizen Boards, Commissions, Committees, Task Forces, or any other citizen advisory groups or boards. (Section3.1.1 added by Resolution 4457-05-2015) 3.7 Recessed Meetings: 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. If a meeting is recessed to a date other than the following calendar day, notice of the meeting shall be posted in accordance with the Texas Open Meetings Act. 4. CHAIRMAN AND DUTIES 4.1 Chairman: The Mayor, if present, shall preside as Chairman 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 remaining Council members shall elect one member to serve as the presiding officer for the meeting. (Charter- Ch. III, Sec. 6) (Revised by Resolution No. 3978-03-2011, 3/22/11) 4.1.1 Election of Mayor Pro Tem. The City Council shall elect from its members one person to serve as Mayor Pro Tem on an annual basis during the month of September to be effective October 1st. 4.2 Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his absence, by the Mayor Pro tem. In the absence of both the Mayor and the Mayor Pro tem, the meeting shall be called to order by the City Secretary. 4.3 Preservation of Order: The Chairman shall preserve order and decorum, prevent personal attacks and the impugning of members' motives, and confine members in debate to the question under discussion. Demonstrations, the carrying of signs or placards, or other activities which disturb the peace and good order of the meeting shall not be permitted in the council chambers. 7 City of Fort Worth,Texas City Council Rules of Procedures 4.4 Points of Order: The Chairman shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Chairman be sustained?" 4.5 Questions to be Stated: The Chairman shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member. 4.6 Substitution for Chairman: The Chairman may call any other member to take his place in the chair, such substitution not to continue beyond adjournment. 5. ORDER OF BUSINESS 5.1 Agenda: The order of business of each meeting shall be as contained in the Agenda prepared by the City Manager. The Agenda shall be a listing by topic of subjects to be considered by the Council, and delivered to members of the Council each Friday preceding the Tuesday meeting to which it pertains. 5.1.1 Zoning Hearing: The Zoning Hearing shall be scheduled for the first Tuesday night City Council Meeting of each month. The Zoning Hearing shall be placed in a prominent location on the agenda to follow closely both consideration of the Consent Agenda and the agenda item for Presentations and/or Communications from Boards, Commissions and/or City Council Committees. The Zoning Hearing will be conducted in accordance with the City Zoning Ordinance. (Revised by Resolution No. 3978-03-2011, 3/22/11) 5.2 Presentations by Members of Council: The Agenda shall provide a time when the Mayor or any Council Member may bring before the Council any business that he/she believes should be deliberated upon by the Council. These matters need not be specifically listed on the Agenda, but formal action on such matters shall be deferred until a subsequent City Council Meeting. Immediate action may be taken upon a vote of two-thirds of all members of the Council, provided that the requirements of the Texas Open Meetings Act have been met. 5.2.1 Council Proposals: The "Council Proposal" (C.P.) form shall be the primary communication vehicle for those proposals and policy matters initiated by Council members and submitted to a vote of the City Council. The form should be used for all Council-initiated agenda items with the exception of routine matters such as changes in membership of boards and commissions, approval of ceremonial travel, and general announcements. In order to be listed on the City Council agenda, the Council Proposal form must be signed by two (2) Council members. The sponsoring Council members shall be responsible for initiating the C.P. and for providing direction to staff on their intent and wording. The City Manager's Office 8 City of Fort Worth,Texas City Council Rules of Procedures and City Attorney's Office are responsible for drafting the text of the C.P. C.P.s are subject to prior review and comment by the City Manager's Office, the City Attorney's Office, and Financial Management Services, and their respective comments shall be noted in the C.P. Upon providing written comments to the C.P., the City Manager and the City Attorney or their designee shall sign the C.P. before it is placed on the agenda. The City Manager shall place C.P.s on the City Council Work Session agenda and in the "Presentations by the City Council" portion of the City Council's meeting agenda for discussion. The sponsoring Council member shall introduce the C.P. at the City Council Work Session and the City Council Meeting. No C.P. shall be acted upon at the City Council eeting in which it is introduced, save and except a Reconsideration Council Proposal as described in Section 6.10, which must be introduced and acted upon as specified in Section 6.10. (Revised by Resolution No. 3242-08-2005, 8/16/05) 5.2.2 Council Requests for Staff Reports: City Council Members may request staff reports and other staff work through the City Manager or City Attorney. If the request involves a significant use of staff resources (generally defined as approximately four hours or more of staff time), the City Manager or City Attorney shall have the discretion to ask the Council member to bring the request forward during the "City Council Requests for Future Agenda Items and/or Reports"portion of the City Council's Work Session agenda and the request must receive a consensus from the City Council. 5.3 Agenda Deadline: Any person or group desiring to present a subject for the Council's consideration or to make a `Special Presentation' to the Council shall advise the City Manager's Office of that fact not later than 5:00 p.m. on the Wednesday preceding the City Council Meeting at which he wishes the subject to be considered. The City Manager shall have discretion to edit the title of any presentation to be listed on the Council agenda. 5.4 Presentations by Persons Attending City Council Meetings: (Revised by Resolution No. 3978-03-2011, 3/22/11) 5.4.1 Speaker Card Submittal: Any person who wishes to address the City Council during a City Council Meeting must be present in the City Council Chamber when called upon by the Chairman to speak. No person will be permitted to address the City Council unless that person has completed a speaker's card in the form prescribed by the City Secretary. All speaker registration cards must be submitted at least fifteen (15) minutes prior to the scheduled starting time of the City Council Meeting (i.e. 9:45 a.m. for meetings beginning at 10:00 a.m. and 6:45 p.m. for meetings beginning at 7:00 p.m.). (Revised by Resolution No. 3978-03-2011, 3/22/11) 9 City of Fort Worth,Texas City Council Rules of Procedures 5.4.2 Speaker's Use of Electronic Media: Any person wishing to make a presentation that includes video or another form of electronic media must provide that information in digital format to the City Secretary's Office no later than three o'clock (3:00 p.m.) the day of a City Council Meeting starting at 7:00 p.m. or by five o'clock (5:00 p.m.)the day before a City Council Meeting starting at 10:00 a.m. for review by the staff. City staff shall review the information as to form and content. The information shall not contain any statements, graphics or pictures that are offensive or reflect personal attacks on other individuals, the City Council members or City staff. The digital format must be compatible with the City's technology equipment. The presentation will be tested prior to the City Council Meeting to ensure that it is compatible with the City's equipment. (Revised by Resolution No. 3978-03-2011, 3/22/11 and Resolution) 5.4.3 Individual Presentations: Presentations by individuals shall be limited to three minutes. At the discretion of the Chairman, this limit may be extended. (Revised by Resolution No. 3978-03-2011, 3/22/11) 5.4.4 Group Presentations: Presentation by a representative of an organized group consisting of a minimum of ten persons, all of whom must be present in the Council Chamber at the time such representative is called upon by the Chairman, shall be limited to ten minutes. At the discretion of the Chairman, this limit may be extended. A person counted as an individual represented by the speaker shall not be permitted to speak individually on the same subject. (Revised by Resolution No. 3978-03-2011, 3/22/11) 5.4.5 Recognition of Speakers: Persons wishing to address the City Council about an item that is specifically posted on the City Council Meeting agenda and who have completed a speaker's card at least fifteen (15) minutes prior to the scheduled start of the City Council Meeting will be permitted to speak at the time that agenda item is taken up by the Council for consideration. (Revised by Resolution No. 3978-03- 2011, 3/22/11) 5.4.6 Citizen Presentations: Persons wishing to address the City Council about an item that is not otherwise posted on the City Council Meeting agenda and who have completed a speaker's card at least fifteen (15) minutes prior to the scheduled start of the City Council Meeting will be permitted to speak under the agenda item entitled "Citizen Presentations." The Chairman shall have the discretion to call for all or a portion of the citizen presentations to be made under that agenda item earlier or later in the meeting. Responses to a citizen's presentation by the City Council and staff shall be in accordance with Texas Open Meetings Act requirements. If a citizen or City Council member raises a subject that has not been included in the public notice for the City Council Meeting, a response may consist only of a statement of specific factual information or a recitation of existing policy. Any 10 City of Fort Worth,Texas City Council Rules of Procedures further discussion of the subject shall be limited to a proposal to place the subject on the agenda for a future meeting for deliberation or decision. (Revised by Resolution No. 3242-08-2005, 8/16/05) (Revised by Resolution No. 3978-03-2011, 3/22/11) 5.5 Communications to Mayor and Council: The City Manager shall provide the Council with an analysis of items to be acted upon by the Council at its City Council Meetings in the form of a "Mayor and Council Communication." These communications shall be delivered to Council members each Friday preceding the Tuesday City Council Meetings at which they will be discussed, unless an emergency condition makes it necessary to deliver the communications on a subsequent day. 5.6 Oral Presentations by City Manager: Matters requiring the Council's attention or action which may have developed since the deadline for delivery of the written communication to the Council may, upon approval of the Council, be presented orally by the City Manager. If formal Council action on a subject is required, such action shall be delayed until the next succeeding City Council Meeting, except the immediate action may be taken if approved by a two-thirds majority of all members of the Council and providing that the requirements of the Texas Open Meetings Act have been met. 5.7 Competitive Bids; Drawing to be Held in Presence of City Council: When it is determined, after competitive bids have been received for the provision of goods or services to the City of Fort Worth, that identical low bids have been received from more than one bidder, and only one of the bidders submitting identical bids is a resident of the City of Fort Worth, the City shall select that bidder in accordance with Section 271.901 of the Texas Local Government Code. Otherwise, in the case of identical bids, a drawing shall be held to determine which bid will be accepted. Such bidders shall be notified in writing of the date of the drawing, which shall be held during the City Council Meeting when the award of the subject contract is being considered. Notification of bidders shall be the responsibility of the Purchasing Division of the Finance Department, except for construction contracts for the Water Department and Transportation/Public Works Department, who will notify bidders for their respective contracts. At the time of the drawing, the City Secretary shall provide a receptacle containing slips of paper equal in number to the number of low bidders. One of the slips shall be marked with an "X". A representative of each low bidder shall draw from the receptacle a slip of paper. The bid of the bidder who draws the slip of paper marked with an"X" shall be accepted. This section does not prohibit the City Council from rejecting all bids. 11 City of Fort Worth,Texas City Council Rules of Procedures 6. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 6.1 Printed on Typewritten Form: All ordinances and resolutions shall be presented to the Council only in printed or typewritten form. 6.2 City Attorney to Approve: City Attorney shall approve or file written legal objections to every ordinance before it is acted upon by Council. (Charter-Ch. VI, Sec. 1) 6.3 Action on Ordinances: Ordinances may be acted upon by the City Council during the City Council Meeting at which they are introduced, subject to provisions of the City Charter and state law. 6.4 Distribution of Ordinances: The City Manager shall prepare copies of all proposed ordinances for distribution to all members of the Council at the City Council Meeting at which the ordinance is introduced, or at such earlier time as is expedient. 6.5 Recording of Votes: The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Council. (Charter- Ch. III, Sec. 5) 6.6 Majority Vote Required: Approval of every ordinance, resolution, or motion shall require the affirmative vote of a majority of all members of the Council, except as specified in Section 8 of these Rules. (Charter- Ch. III, Sec. 5) 6.7 Tie Vote: In the event of a tie in votes on any motion, the motion shall be considered lost. 6.8 Voting Required: No member shall be excused from voting except on matters involving the consideration of his own official conduct, or where his financial interests are involved, or unless excused by the Council for other valid reasons by majority vote. (Charter - Ch. III, Sec. 5) 12 City of Fort Worth,Texas City Council Rules of Procedures 6.9 Order of Precedence of Motions: The following motions shall have priority in the order indicated: 1. Adjourn(when privileged) 1/&2/ a, 2. Take a recess(when privileged) 1/& 3/ d 3. Raise a question of privilege c C� ro U4. Lay on the table a � 5. Previous question(2/3 vote required) 6. Limit or extend limits of debate (2/3 vote required) 7. Postpone to a certain time 3/ C 8. Commit or refer 3/ 9. Amend 3/&4/ ¢ 10. Postpone indefinitely 11. Main motion 3/ 1/ The first two motions are not always privileged. To adjourn shall lose its privileged character and be a main motion if in any way qualified. To take a recess shall be privileged only when other business is pending. 2/ A motion to adjourn is not in order: 1) When repeated without intervening business or discussion 2) When made as an interruption of a member while speaking 3) While a vote is being taken 3/ Can be amended- others cannot be amended 4/ A motion to amend shall be undebatable when the question to be amended is undebatable. 6.10 Reconsideration. In order for an action to be reconsidered, a Reconsideration Council Proposal prepared in accordance with Section 5.2.1 of these rules shall be submitted to the City Manager's Office no later than 4:00 p.m. on the first Friday after the City Council Meeting in which a vote was taken on the item. A Reconsideration Council Proposal can only be sponsored by a Council Member who voted with the prevailing side. A motion on the Reconsideration Council Proposal to reconsider any action of the Council can be made not later than the next succeeding official City Council Meeting following its submission to the City Manager's Office. Such motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. No question shall be twice reconsidered, except by unanimous consent of the Council. 13 City of Fort Worth,Texas City Council Rules of Procedures Notwithstanding the provisions above, a Reconsideration Council Proposal relating to any contract may be submitted to the City Manager's Office before the final execution thereof. In order for a contract to be reconsidered, a Reconsideration Council Proposal prepared in accordance with Section 5.2.1 of these rules shall be submitted to the City Manager's Office in sufficient time to allow for posting as required by law. A Reconsideration Council Proposal relating to a contract shall be placed on the first City Council Meeting agenda following-72 hours after submission to the City Manager's Office. A motion on the Reconsideration Council Proposal relating to a contract can only be made by a member who voted with the prevailing side. It can be seconded by any member. No question shall be twice reconsidered, except by unanimous consent of the Council. (Revised by Resolution No. 3242-08-2005, 8/16/05) 6.11 The Previous Question: When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put?" There shall then be no further amendment or debate; but pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the Council. An affirmative vote of two-thirds of the Council shall be required to move the previous question. 6.12 Withdrawal of Motions: A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Chairman. If the mover modifies his motion, the seconder may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the Council. 6.13 Amendments to Motions: No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 6.14 Actions Involving_Appropriation or Expending of Money: As required by the City Charter, an action seeking to appropriate or expend funds must be preceded or accompanied by a certification of the Director of Finance that money for the action is in the Treasury and not appropriated for any other purposes. In the case of a Mayor and Council Communication, the Fiscal Certification portion of the document may serve as the Director's certification. (Charter-Ch. X, Sec. 8) 14 City of Fort Worth,Texas City Council Rules of Procedures 6.15 Transfer of Appropriations: Upon the written recommendation of the City Manager, the Council may by ordinance transfer an unencumbered balance of an appropriation made for the use of one department, division, or section to any other department, division, or section; but no transfer shall be made of revenues or earnings of any non-tax supported public utility to any other purpose. (Charter - Ch. X, Sec. 3) 7. CREATION OF COMMITTEES. BOARDS. AND COMMISSIONS 7.1. Standing Council Committees: There shall be four standing City Council Committees: Legislative and Intergovernmental Affairs; Housing and Neighborhood Services; Infrastructure and Transportation; and Audit. The membership and chairs of the standing committees shall be appointed by the Mayor. All matters discussed by the Committees shall either (a) be referred to the appropriate committee by the Mayor after presentation to the City Council at a City Council Work Session or City Council Meeting, if a more in-depth review and discussion by a smaller group would be beneficial, or (b) be placed on a committee agenda in accordance with this provision prior to taking the matter to the full Council. The agenda for each committee meeting shall be prepared by an appointed official and his or her staff, as designated by the City Council. It shall be the responsibility of the Committee to provide thorough review of the matters brought before it and to provide feedback to the City Manager, or the full City Council, through either a consensus or a formal committee recommendation. All council committee meetings shall be open meetings posted in accordance with the Texas Open Meetings Act requirements. All final policy decisions shall be made by the City Council in open City Council meetings posted in accordance with the Texas Open Meetings Act requirements. (Revised by Resolution No. 3242-08-2005, 8/16/05; Revised by Resolution No. 3619-05-2008, 05/27/08; Revised by Resolution No. 3674-11-2008, 11/11/08; Revised by Resolution No. 3978-03-2011, 3/22/11; Revised by Resolution 4156-12- 2012, 12/11/12; Revised by Resolution 4463-06-2015) 7.2 Ad Hoc Council 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 shall appoint the members of the Ad Hoc Council committees, subject to the approval of the Council. Any Ad Hoc committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. (Revised by Resolution No. 3242-08-2005, 8/16/05) 7.3 Citizen Boards, Commissions, and Committees: The Council may create other 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 City Charter or Code. Memberships and selection of members shall be as provided by the Council if not specified by the City Charter or Code. Any 15 City of Fort Worth,Texas City Council Rules of Procedures Committees, Boards, or Commissions so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Council. No committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. 7.4 Council Appointments to Boards, Commissions, and Committees: Council members desiring to make appointments shall use best efforts to distribute candidate information to other Council members at least one week in advance of the City Council Meeting at which the motion to appoint the candidate is to be made. 7.5 Audit and Finance Advisory Committee - (Repealed by Resolution 4156-12-2012, 12/11/12) 8. VOTES REQUIRED. Approval of every ordinance, resolution, or motion shall require on final passage the affirmative vote of a majority of all members of the Council, except that the Charter, and certain State statutes impose other voting requirements on various questions. In addition, these rules set forth certain instances in which the number of votes required is greater than a majority of all members. As a matter of convenience, questions on which the voting requirement is varied by the Charter, state statutes, and these rules are listed below. 8.1 Charter and State Statutory Requirements: 8.1.1 Changing Paving Assessment — Change in plans for paving assessment requires a two-thirds vote of the Council. (Art. 1105b, Sec. 10, Revised Civil Statutes) 8.1.2 Use of Streets — Ordinances granting privileged use of streets, which use does not involve the digging up of same, must be approved by two-thirds of the members of the Council. (Charter—Ch. XXVI, Sec. 4) 8.1.3 Changing of Zoning Ordinance —: Changes in zoning classifications, when a hearing is held by the Council and such change is protested by owners of twenty percent or more of the area within 200 feet of the affected property must have the approval of three-fourths of all members of the Council. (Texas Local Government Code, Sec. 211.006(d)) 8.2 Council Rules Requirement: 8.2.1 Suspending Rules—: Council rules may be suspended by an affirmative vote of three-fourths of all members of the Council. (Council Rules, 2.13) 16 City of Fort Worth,Texas City Council Rules of Procedures 8.2.2 Limit or Extend Limits of Debate—: An affirmative vote of two-thirds of all members of the Council is required to limit or extend the limits of debate in Council meetings. (Council Rules, 6.9) 8.2.3 The Previous Question — An affirmative vote of two-thirds of all members of the Council is required to move the previous question. (Council Rules, 6.11) 17 City of Fort Worth,Texas City Council Rules of Procedures History of Adoption and Amendments: Approved by the City Council the 8th day of January, 1960 and amended as follows: Revised calendar for processing M&Cs and Council January 12, 1961 agenda(M & C G-180) Changed distribution of M&Cs to Council from August 13, 1962 Thursday to Wednesday; changed M&C calendar. (M&C G-285) Meeting time changed. (Ordinance No. 4770) November 26, 1962 Agenda deadline changed(Pre-Council conference) July 7, 1967 Citizen presentations transferred from end of agenda to January 22, 1968 Special Items; limit discussion to five minutes unless citizen contacts Council or City staff. Amended Rules 5.4 and 8.2 by deleting Section 8.2.4. March 22, 1976 (City Council meeting of March 22, 1976) Meeting time was amended. (Ord. No. 7647 & repeals October 20, 1977 Ord. No. 4770) Amended Rules 5.2, 5.4, 5.6, 6.10 and Sections 8.2.3; November 29, 1979 and 8.2.4. (M&C 4379) Amended Rules 3.1, 3.5, 3.6. and 5.3; and Section November 18, 1980 5.4.4. (Res. No. 745) (Effective November 25, 1980) Amended Rules 3.1; 3.5; and Section 5.4.4. (M&C February 25, 1986 6576 Revised& Ord. No. 9574) Revised Rules 3.2; 5.4; and Section 5.4.3; added Rule March 4, 1987 5.7; revised Rules 6.2; 6.3; 6.4; 6.15; Sections 8.1.1; 8.1.2; 8.1.4; 8.1.5; 8.1.6; 8.2.2; 8.2.3; 8.2.4 and 8.2.5. (M&C G-6978) Amended Rule 2.6; deleted Rule 3.3 and renumbered May 7, 1991 Rules 3.4 through 3.6; amended Rule 4.3; Section 8.1.3; and deleted Section 8.1.4 (OCS-277) 18 City of Fort Worth,Texas City Council Rules of Procedures Amended Rule 4.3 and Section 5.4.2. November 19, 1991 (Council Proposal 168 presented for consideration.) Amended Rule 4.3 and Section 5.4.2. (Council December 3, 1991 Proposal 168 adopted.) Amended Rules 3.1 and 3.4. October 22, 1996 (Council Proposal 197 presented for consideration) Amended Rules 3.1 and 3.4 Effective January 1997 (Council Proposal 197 (revised) adopted.) Amended Rules 3.3, 5.2, 5.6, and 5.7 to conform to January 9, 2001 state law, Rules 3.4, 3.5, and 5.3 to conform to current procedures, and added new Sections 5.2.1, 5.2.2 and Rule 7.3 (Resolution No. 2696) Amended Rule 3.5, Sections 5.2.1, Section 5.4.4, Rules August 16, 2005 6.10, 7.1, and added Rule 7.2. (Resolution No. 3242-08-2005) Amended Rule 7.1 (Resolution No. 3619-05-2008) May 27, 2008 Amended Rule 7.1 (Resolution No. 3674-11-2008) November 11, 2008 Amended Rule 7.5 (Resolution No. 3775-08-2009) August 11, 2009 (Repealed by Resolution No. 4157-12-2012) Corrected all City Charter Chapter and Sections March 22, 2011 numbering references; Revised Rules 3.4; 4.1 and (Effective May 1, 2011) added new Section 5.1.1; Revised Rule 5.4; and added new Sections 5.4.1 and 5.4.2; Revised Sections 5.4.3; 5.4.4; 5.4.5; 5.4.6; Revised Rule 7.1; Deleted Section 8.2.2; and Renumbered Sections 8.2.3 and 8.2.4 (Resolution No. 3978-03-2011) Added new Section 4.1.1 (Resolution 4129-09-2012) September 18, 2012 19 City of Fort Worth,Texas City Council Rules of Procedures Revised Section 7.1 adding the Audit Committee to the December 11, 2012 Standing Council Committees; repealed Section 7.5 (Resolution 4156-12-2012) Amended Section 3.1 to reflect that the Council will May 19, 2015 meet in the Council Chamber each Tuesday at 7:00 pm unless otherwise changed; added section 3.1.1 to establish the procedures for the attendance of City Council member at City Council Meetings by videoconference call (Resolution 4457-05-2015) Revised Section 7.1 deleting the Housing and June 6, 2015 Economic Development Committee and adding the Housing and Neighborhood Services committee as a new standing committee (Resolution 4463-06-2015 Revised rules to reflect changes made as a result of the September 27, 2016 May 7, 2016, Charter Amendment election, to conform the rules to current City procedures, to clarify the definition of a regular meeting (Sections 3.1-3.5) and to consistently reference City Council Meeting and City Council Work Session. (Resolution 4684-09-2016) Mary J. Kayser, City Secretary 20