ARTICLE IX CITY COUNCIL RULES OF PROCEDURE

Purpose and intent.

The purpose of these rules is to provide for the orderly conduct of city business by the city council, with the objective of providing for full, open and comprehensive debate of issues brought before the body for action in a forum open to the public, and which encourages citizens' awareness of council activities.

Citizen participation.

Citizens attending any meeting of the city council, including, but not limited to any hearing, workshop or special meeting, but not including an executive session as provided by state law, shall be afforded an opportunity to rise and speak on matters of concern after first indicating their desire to do so by signing in on a form to be provided for such purposes. Each speaker shall have a time limit of up to three (3) minutes. The Texas Open Meetings Act prohibits the city council from discussing, debating or considering subjects for which public notice has not been given on the agenda.

Decorum.

Except where in conflict with any state law, city ordinances or the rules of procedure adopted by the city council, the rules of procedure laid down in Robert's Rules of Order, newly revised, shall govern the proceedings of the city council and the proceedings of all boards, committees and commissions; provided, however, that failure to observe or act in accordance with any applicable rules of order therein shall in no way operate or work to invalidate, modify or diminish any otherwise lawful action or vote of the council, board, commission or committee.

(d)

Should there be a point of order raised at any proceeding of the city council or of any board, committee or commission, the presiding officer shall rule thereon subject to, on request of the individual raising the point of order, making contact with the city attorney for a final ruling.

(e)

City council code of conduct.

The mayor shall preserve order by ensuring that discussion is limited to the question before the council.

The mayor and councilmembers shall contain themselves to the question under debate, shall avoid references to personalities, and refrain from questioning motives of other councilmembers and staff.

Each member of the city council shall be permitted to address the chair and after recognition, shall not be interrupted while speaking without his/her consent.

(4)

All participants at a meeting shall demonstrate courtesy and shall not disrupt proceedings.

(5)

The mayor and councilmembers shall not use their positions to secure privileges or personal gains and shall avoid situations which could cause anyone to believe that they may have brought bias or partiality to a question before council.

(6)

The mayor shall be the primary spokesperson for policy decisions of the council. Individual councilmembers may interface with the media and on social media with respect to their opinions on the issue, but shall make it clear that their opinions do not necessarily represent that of the city or the city council.

(7)

The mayor and councilmembers shall be dedicated to the highest ideals of honor and integrity and serve the best interest of all when representing the citizens of El Lago.

(8)

The mayor and councilmembers shall be responsible stewards of the taxpayers' by being dedicated to the effective use of the city's resources.

(Ordinance 448, art. 2, adopted 11/6/17; Ordinance 458 adopted 5/15/19; Ordinance 472 adopted 11/18/20; Ordinance 503 adopted 11/1/2023)

§ 2-183 Specific rules of procedure.

Quorum.

A minimum of three (3) members of the council, in addition to the mayor, must be present and voting to constitute a quorum for the purpose of business. However, at a special meeting or at a meeting to consider the imposition of taxes, (4) members of the council (two-thirds of the council by law) constitutes a quorum.

Abstention.

An abstention from voting shall not be considered as approving or disapproving the motion. The member abstaining may state for the record his or her reasons for abstaining, but shall not be required to do so.

Regular meetings.

The city council shall conduct its regular meetings on the first and third Wednesday of each month at 7:00 p.m. in the event hall located in the City Hall at 411 Tallowood Dr., El Lago, Texas. The meeting on the third Wednesday may be cancelled if the business of the city does not require holding a meeting. If this schedule conflicts with the observance of a state or federal holiday, or for any other substantial reason, the meeting may be rescheduled or postponed through a motion and a majority vote of those members present and voting at a previous meeting.

(d)

Special meetings.

Pursuant to LGC 22.038(b), special meetings or workshops may be called by the mayor, or by any three (3) members of the council. Each member of the council, the city secretary and the city attorney must be notified of the special meeting. The meeting must be posted in compliance with state law and in accordance with the Open Meetings Act. (Note-a quorum for a special meeting is at least four (4) members of council in addition to the mayor.)

(e)

Workshops.

Workshops are meetings called for the purpose of conducting a detailed and thorough exploration of matters that may properly come before the city council. No action may be taken in a workshop. An informal request may be made for additional information, to schedule additional workshop(s) or to place an item on a subsequent meeting agenda. Because no formal action may be taken, only brief minutes are prepared which document the time, workshop participants and a concise description of the subject matter discussed.

(f)

Public hearings.

Public Hearings are meetings which, in many cases, are required by texas statutes to hear and record public comment on a matter being considered by the city council. No action is taken in a public hearing, it is simply a time for the council to hear public comments. Action on an item which has been the subject of the public hearing may be taken following the hearing at a duly called and noticed meeting of the city council.

(g)

Emergency meetings.

Emergency meetings may be called orally by the mayor (or in his/her absence, the mayor pro tem) or by three (3) members of the council, when there is an identifiable public necessity. An agenda for an emergency meeting must be posted at least two (2) hours prior to the convening of the emergency council meeting. Prior to taking any formal action, the council must approve by motion and majority vote of the members present and voting, that an emergency situation exists requiring prompt resolution or commitment of resources.

(h)

Executive session.

An executive session during a meeting of the city council may be called for any purpose specifically authorized by state law if properly noticed as required by law. A motion to retire to executive session must be made and approved by a majority of the members present and voting in a properly posted regular, special, or emergency council meeting. The council shall not take any final action on an item during an executive session.

(i)

Minutes of meetings.

Minutes of all meetings of the council shall be in writing and after such minutes are approved by the city council, shall be open to public inspection. Reports made by city officials and council members must be submitted in writing to the city secretary before or at a meeting at which they are to be presented to have the report included as part of the official minutes of the meeting. All verbal reports will be minimally summarized by the city secretary. Unless specifically requested by any member of the city council with respect to any matter, such minutes shall concisely state all matters presented to the city council for a vote and a record of the action taken. Transcripts of oral discussions, or excerpts thereof, will be made by the written request by any councilmember to the city secretary. The requested transcript will be furnished to all members of the council when prepared.

(Ordinance 448, art. 3, adopted 11/6/17; Ordinance 458 adopted 5/15/19; Ordinance 472 adopted 11/18/20; Ordinance 503 adopted 11/1/2023)

§ 2-184 Agenda and order of business.

Agenda.

The mayor is responsible for setting the agenda for city council meetings.

A councilmember may request that an item be posted on the agenda of a regular council meeting subject to the mayor's approval. However, if two (2) or more councilmembers request the same item be placed on the agenda, then it is no longer subject to the mayor's approval and the item must be placed on the agenda. The requesting councilmember(s) are responsible for developing and/or providing the necessary background information in the timeframe established below.

Any interested party may request an item be placed on a regular city council meeting's agenda. This request must be approved by the mayor and coordinated through the city secretary's office with the appropriate agenda item form and all background information provided in the timeframe established below.

Order of business.

Except for unusual circumstances, the following order will be followed at regular or rescheduled regular meetings of the city council:

Call to order.

Invocation and/or pledge of allegiance.

Declaration of a quorum, announce absent members of the council.

(4)

Proclamations and special recognitions.

(5)

Public hearings.

(6)

Citizens comments.

(7)

City official, board, commission, committee and/or city service (i.e. LPD, SVFD, EMS, etc.) reports.

(8)

Councilmembers' reports.

(9)

Mayor's reports.

(10)

Consent agenda (this may include financial reports, minutes, ordinances, etc. for which no discussion is expected. At a councilmember's request, any item for which discussion is desired, shall be removed from the consent agenda, placed appropriately under "old" or "new business" and considered separately.)

(11)

Approval of previous meeting minutes.

(12)

Old business.

(13)

New business.

(14)

Future agenda item requests.

(15)

Adjournment.

§ 2-185 Schedule of regular reports and documents.

Background information.

All background information must be submitted seven (7) business days prior to a council meeting. Council packets are to be completed five (5) business days prior to a council meeting. Council packets will be prepared according to the agenda items.

(Ordinance 448, art. 4, adopted 11/6/17; Ordinance 458 adopted 5/15/19; Ordinance 472 adopted 11/18/20; Ordinance 503 adopted 11/1/2023)

Financial reports.

Financial reporting shall be posted to the regular agenda and reviewed as follows:

City bills report to be reviewed monthly.

Credit card reports to be reviewed monthly.

Balance sheet to be reviewed quarterly.

(4)

Financial report to include a profit and loss statement and a comparison to the annual budget to be reviewed quarterly.

(5)

Investment reports to be reviewed quarterly.

(6)

Audit report to be reviewed annually.

City contracts to be reviewed semiannually.

List of contracts shall include all current contracts and expiration dates.

Councilmembers will determine if specific contracts will be renegotiated.

Councilmembers will seek other contract options if necessary.

Budget and tax rate.

The schedule for consideration and adoption of the annual budget and tax rate shall be posted to regular and/or special meeting agendas as follows:

Initial itemized annual budget worksheet for the coming fiscal year and in compliance with LGC 102.003, shall be reviewed at the first meeting in July with additional reviews as necessary until an approved proposed budget is adopted by August 31st.

A tax rate in support of the proposed annual budget shall be calculated and presented at the first regular meeting in August or the first regular meeting after the certified roll is received.

(d)

City council rules of procedure to be reviewed annually.

(e)

Investment policy to be reviewed annually.

(f)

Curfew ordinance to be reviewed every three (3) years.

(g)

Zoning ordinance to be reviewed by planning and zoning commission and city council every five (5) years.

(Ordinance 448, art. 5, adopted 11/6/17; Ordinance 458 adopted 5/15/19; Ordinance 472 adopted 11/18/20; Ordinance 503 adopted 11/1/2023)

§ 2-186 Adoption of ordinances.

Any councilmember may offer a proposed ordinance for consideration by the council at a regular meeting by requesting the posting of an agenda item as described in the previous section.

Following approval as to general substance and content by the council, the proposed ordinance will be referred to the city attorney for a legal determination and for development into the proper form for adoption. The council, in consultation with the city attorney during discussion of the proposed ordinance, will by motion identify the deadline for completion of the review and actions by the city attorney.

Ordinances will be adopted by the following procedures:

The first reading of the ordinance is for the purpose of discussion, debate and public input and awareness. Councilmembers will individually introduce proposed revisions; the mayor will request for a consensus by council on each proposed revision. Following the first reading, the city secretary and city attorney will assemble all the proposed revisions into a comprehensive ordinance for introduction at a subsequent meeting as a second reading.

§ 2-187 Bids for the purchase of equipment and/or services.

The second reading is for the purpose of final adoption. Minor grammatical or syntax changes may be made, but substantive changes cannot be made following the second reading of the caption. If substantive changes are identified, and the council collectively approved the changes, the reading will be considered a first reading and the ordinance will be returned to the city attorney for revision.

(Ordinance 448, art. 6, adopted 11/6/17; Ordinance 458 adopted 5/15/19; Ordinance 472 adopted 11/18/20; Ordinance 503 adopted 11/1/2023)

Bid section.

Bids will be considered and selected by the following method:

Any councilmember may seek the submission of bids for proposed equipment and/or services for consideration by the council at a regular or special meeting by requesting the posting of an agenda item as described in the previous section;

Before the council can consider such bids for equipment and/or services, a minimum of three (3) comparable bids must submitted for consideration; and

The council reserves the right to award the bid/proposal for all or any portion of the requirements proposed by reason for the request, or to reject any and all proposals if deemed to be in the best interests of the city and to temporarily or permanently abandon the procurement.

Exceptions.

The requirement for three (3) bids may be waived by the mayor for the following reasons;

The equipment or services is for an amount less than $500.00;

It is determined that the time needed to acquire and present three (3) bids to the city council would cause an eminent hazard to the city; or