The following rules of procedure for the conduct of public testimony shall govern all meetings of the City Council of the City of Frisco that are subject to the Texas Open Meetings Act[1], and the conduct of all members and other persons in attendance at such meetings. Right to be heard:
(1) 
Any member of the public shall have a reasonable opportunity to be heard at any and all meetings of the City Council of the City of Frisco regarding any and all matters to be considered at each such meeting. A time shall be set aside at the beginning of each meeting for the City Council to hear from members of the public. Each member of the public wishing to address the City Council shall be entitled to speak for up to five minutes for each agenda item about which the individual desires to speak; provided, however, that a member of the public who addresses the City Council through a translator shall be entitled to speak for up to 10 minutes for each agenda item about which the individual desires to speak in order to ensure that non-English speakers receive the same opportunity to address the City Council.
(2) 
Members of the public who request additional time to speak on a specific agenda item must present their request, in writing, to the City Secretary by 4:00 p.m. on the Monday immediately preceding the City Council meeting at which the agenda item is scheduled to be considered, discussed or acted on.
(3) 
The City Council may, in its sole discretion and by majority vote, reduce the above-referenced time limits from five minutes to three minutes or from 10 minutes to six minutes, respectively, if 10 or more members of the public present a request to speak on a single agenda item in order to ensure that as many people as possible have an opportunity to speak.
(4) 
Members of the public shall not engage in any of the following in the meeting room during a City Council meeting:
(A) 
Any conduct that impedes or disrupts the orderly conduct of the meeting, including shouting, unruly behavior, distracting side conversations, speaking out when another person is talking, booing, hissing, foot stomping, parading, singing, displaying a prop or other similar conduct;
(B) 
Defamation, obscenity, threats of violence or other expressive conduct that is not protected by the First Amendment to the United States Constitution;
(C) 
Audible use of phones, pagers, radios, computers or other electronic equipment in a manner that impedes or disrupts the orderly conduct of the meeting;
(D) 
Approaching nearer the City Council than the front of the speaker's podium without leave of the presiding officer; or
(E) 
Displaying or causing to be displayed any sign, placard, poster or banner within the meeting room.
(5) 
The rules in this section shall be enforced against individuals participating in meetings in the following manner:
(A) 
The presiding officer will request that a person who is violating a rule cease the violation;
(B) 
If the violation continues, the presiding officer will warn the person that he or she will be required to leave the meeting room if the violation continues;
(C) 
If the violation continues, the presiding officer will order the person to leave the meeting room or building for the duration of the meeting; and
(D) 
If the person does not leave the meeting room or building, the presiding officer may order any peace officer to remove the person from the meeting room or building for the duration of the meeting.
(6) 
It is unlawful for any person to intentionally or knowingly resist removal from the meeting room or building by the presiding officer or a peace officer under subsection (5).
(7) 
These rules of procedure are not exclusive and do not limit the inherent power and general legal authority of the City Council, or of its presiding officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time, or in particular circumstances, for purposes of orderly and effective conduct of the affairs of the City. These rules of procedure are solely to expedite and facilitate the transaction of the business of the City Council in an orderly fashion and shall be deemed to be procedural only, and the failure to strictly observe or enforce any such rules shall not affect the jurisdiction of, or invalidate any action taken by, the City Council.
(8) 
Nothing in these rules of procedure is intended or shall be interpreted to prohibit public criticism of the City Council, including criticism of any act, omission, policy, procedure, program or service. The City Council or the presiding officer thereof may, however, disallow public criticism that is prohibited by law.
(9) 
The foregoing rules of procedure shall not apply to meetings of the boards, commissions and committees of the City of Frisco that are subject to the Texas Open Meetings Act,[2] which are governed by a separate set of rules of procedure set forth in section 2-76 of this code. In the event of a conflict between the foregoing rules of procedure and an ordinance, resolution, rule, order or other practice adopted by the City Council, the foregoing rules of procedure shall control and supersede any such conflicting ordinance, resolution, rule, order or other practice.
[2]
Editor's note–See Texas Government Code Ch. 551.
(Ordinance 01-04-29, sec. 2, adopted 4/3/01; Ordinance 19-10-86 adopted 10/1/19; Ordinance 2026-04-33 adopted 4/7/2026)
[1]
Editor's note–See Texas Government Code Ch. 551.
The regular meetings of the city council are hereby set for the first and third Tuesdays of each month ("regular meetings schedule"). If the city council determines, at a duly called and posted meeting, that an alternative date would better assist the city council in transacting the business of the city during any given month, the city council may change the regular meetings schedule to the alternative date upon the affirmative vote of a majority of the city council present ("alternative date"). After holding any regular meeting on an alternative date as provided herein, the city council shall return to the regular meetings schedule.
(Ordinance 09-06-31, sec. 2, adopted 6/16/09; Ordinance 2023-10-47 adopted 10/3/2023)
The city manager or his/her designee is authorized to contract for expenditure or purchases without further approval of the city council for all budgeted items not exceeding $100,000.00. All contracts for expenditures or purchases involving more than $100,000.00 must be expressly approved and awarded in advance by the city council in accordance with applicable law, except as otherwise exempted by applicable law.
(Ordinance 17-02-06 adopted 2/7/17; Ordinance 2024-07-32 adopted 7/2/2024)
The division applies to city councilmembers (as defined herein) and the mayor (as defined herein). This division shall also apply to city councilmembers and mayors after they cease to serve on the city council or as mayor if the litigation relates to public duties performed while the individual was a city councilmember or the mayor.
(Ordinance 01-04-36, sec. 3, adopted 4/17/01)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
City
means the City of Frisco, Texas, a municipal corporation organized under the laws of the State of Texas.
City Charter
means the Home Rule Charter for Frisco as it currently exists or may be amended in the future.
City council
means the city council of the city as described, established and set forth in article III of the city Charter.
City councilmember
means any person who is a member of the city council as of the effective date of the ordinance from which this article is derived, or any person who shall become a member of the city council in accordance with the applicable provisions of the city Charter after the effective date of this article.
Mayor
means the mayor of Frisco as described, established and set forth in article III of the city Charter.
Notice
shall have the definition set forth in section 2-43(a).
Public duties
means a good faith showing that the individual sued was acting within the scope of his authority as a city councilmember or mayor in the performance of duties and obligations customarily performed and expected of an individual holding such position, but does not include acts outside of or beyond the scope of the city councilmember's or mayor's legal powers. Without limiting the generality of the foregoing, an example of a duty customarily performed would be casting a vote in regards to items on the agenda of a city council meeting.
Request
shall have the definition set forth in section 2-43(d).
Timeliness regulations
shall have the definition set forth in section 2-43(c).
(Ordinance 01-04-36, sec. 4, adopted 4/17/01)
(a) 
Notice of lawsuit to the city.
A city councilmember or mayor who is sued in a court of law in his individual capacity, when the suit involves an action taken within the scope of the city councilmember's public duties, must notify the city manager, or his designee, in writing by providing a copy of the complaint or petition within five days of service thereof on the city councilmember or mayor ("notice"), if such city councilmember or mayor intends to submit a request for the payment of legal fees in accordance with subsection (b) herein.
(b) 
Time for submitting a request.
A request must be submitted to the city secretary, or his designee, within 12 days of service of the complaint or petition on the city councilmember or mayor. The city secretary shall place the request as an agenda item for the next regularly scheduled city council meeting, or call a special meeting if warranted by the circumstances. An example of a special meeting being warranted by the circumstances would include the situation where the city councilmember or mayor seeks approval of the request before the date an answer to the lawsuit is required to be filed with the court.
(c) 
Appeal from failure to timely submit notice and/or a request.
A city councilmember or mayor who fails to timely submit notice and/or a request may make an appeal for relief from the regulations in subsections (a) and/or (b) requiring notice or a request within five or 12 days ("timeliness regulations"), respectively, and such appeal shall be considered by the city council. An appeal must be submitted in writing. The city councilmember or mayor has the burden of proof to establish, by clear and convincing evidence, that they should be excused from the timeliness regulations. The city council shall have the right to grant relief from the timeliness regulations by a super-majority vote in favor thereof. The decision of the city council is final. If the city councilmember is a member of the council considering the appeal he shall abstain from voting on the appeal. If the appeal is from the currently acting mayor, the mayor shall abstain from voting in the event of a tie.
(d) 
Contents of request.
A city councilmember or mayor who is sued in a court of law in his individual capacity, when the suit involves an action taken within the scope of the city councilmember's or mayor's public duties, may submit a request to the then existing city council for the payment of legal fees related to defense of the lawsuit by the city councilmember or mayor ("request"). The request shall be in writing and include:
(1) 
The name of the attorney or law firm that the city councilmember or mayor has selected to defend the lawsuit;
(2) 
A proposed retainer agreement between the city councilmember or mayor and the attorney or law firm which shall set forth the fee agreement or billing rate of any attorney expected to work defending the lawsuit, expenses that the attorney or law firm will bill to the city councilmember or mayor, and when payment will be expected;
(3) 
An estimate made by the attorney or law firm of the total cost or number of hours reasonably expected to be necessary to diligently defend the lawsuit;
(4) 
Any legal fees or expenses already incurred; and
(5) 
A description of the nature of the lawsuit, the public duties performed by the city councilmember or mayor to which the lawsuit relates, and how the defense of the lawsuit relates to the public interest and the interest of the city.
(e) 
Consideration of the request by city council.
A request may be approved by majority vote of the city council. If the city councilmember is a member of the council considering the request he or she shall abstain from voting on the request. If the request is from the currently acting mayor, the mayor shall abstain from voting in the event of a tie. The city council may approve the request as presented, approve the request with changes, approve a portion of the request, table the request to allow suggested modifications or deny the request. If the request includes legal fees or expenses that have already been incurred, the city council may approve them in full, approve a partial payment or reimbursement, or deny them. Partial approval or denial of legal fees or expenses that have already been incurred does not prohibit the city council from approving in full that part of the request relating to future legal fees or expenses.
(f) 
Reconsideration of previously approved request.
Upon the request of any individual who is an active city councilmember or mayor, the city council may reconsider any previously approved, or partially approved, request for purposes of comparing the actual costs to the original estimation of the costs and/or verifying that continued approval is still beneficial and in the best interest of the city. Upon reconsideration the city council may, by a majority vote, reaffirm its prior approval, revoke its prior approval, or re-approve the request with new changes. If the vote is a tie, the prior approval shall continue unchanged.
(Ordinance 01-04-36, sec. 5, adopted 4/17/01)
This division does not authorize the expenditure of public funds if the lawsuit or legal matter for which the legal fees are meant to defend involve only the personal interests of the city councilmember or mayor in which the city has no interest or may have an adverse interest.
(Ordinance 01-04-36, sec. 6, adopted 4/17/01)
Any person, firm, corporation or business entity violating this division shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding $500.00, and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 01-04-36, sec. 7, adopted 4/17/01)