The text
Footnotes:
--- (3) --- Editor's note— Ord. No. 2024-13, § 2, adopted May 14, 2024, repealed the former Art. II., §§ 2-26—2-33, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Code 1979, ch. 1, §§ 14, 15; Ord. No. 87-20, § 1, adopted Sept. 22, 1987; Ord. No. 2018-02, § 2, adopted February 13, 2018; Ord. No. 2003-22, §§ 1—4, adopted Nov. 25, 2003.
Division 1. - General.#
Sec. 2-11. - The governing body.#
As prescribed in Articles Ill and IV of the City Charter the governing body of the city shall be the mayor and councilmembers.
(Ord. No. 2024-13, § 2, 5-14-24)
Sec. 2-12. - Remuneration of fees.#
To the extent authorized by the Charter, state, and federal law, City Council may, by resolution, provide for the waiver, reimbursement, refund, or other financial remuneration of any fee, or portions of any fee, imposed by this code. For the purposes of this section, the term "fee" shall mean any fee, penalty, fine, or other charge imposed by this Code.
(Ord. No. 2024-13, § 2, 5-14-24)
Sec. 2-13. - Final appellate body.#
Except to the extent otherwise explicitly set forth by state law, or unless such authority has by ordinance been assigned otherwise, any final determination by any city board, commission, or committee may be appealed to the City Council by the person or entity that requested the matter to be acted upon by such board, commission, or committee, and the decision of the City Council with respect to such appeal shall be conclusive. In such case, the City Council may confirm or reverse the decision of such board, commission, or committee and issue a final decision, or it may require such board, commission, or committee to reconsider its action.
(Ord. No. 2024-13, § 2, 5-14-24)
Secs. 2-14—2-20. - Reserved.#
Division 2. - Meetings#
Sec. 2-21. - Compliance.#
All city council meetings shall comply with the requirements of state law and the city charter, including the Texas Open Meeting Act, Chapter 551 Texas Government Code, and Section 3.16 of the City Charter.
(Ord. No. 2024-13, § 2, 5-14-24)
Sec. 2-22. - No private cause of action.#
The application, or failure to apply the terms of this article, in the conduct of city council meetings shall not create or give rise to any right, cause of action, or claim on behalf of any third party, person or citizen other than as exists pursuant to the Texas Open Meetings Act, if any.
(Ord. No. 2024-13, § 2, 5-14-24)
Sec. 2-23. - Use of tobacco products.#
Smoking, chewing, or any other use of tobacco products is prohibited in city council chambers. In addition to the criminal penalties prescribed elsewhere in this code, violators may be subject to removal at the direction of the mayor.
(Ord. No. 2024-13, § 2, 5-14-24)
Sec. 2-24. - Time and location.#
(a)
Regular meetings. City council shall hold regular meetings on the second and fourth Tuesdays of each calendar month at 5:00? p.m., at the city council chambers, subject to the following:
(1)
Change of meeting date. City council by ordinance, resolution, or order may change the date or time for a future regular meeting or meetings.
(2)
Calendar conflict. If any such Tuesday, or other date set for a regular meeting is a city holiday, the meeting may be rescheduled on the next business day thereafter or other time as scheduled by the city council.
(3)
Severe weather. If severe weather, or any emergency or special circumstance results in the rescheduling of the meeting, the regular meeting may be held on the next business day thereafter.
(4)
Cancelation. City council, or the mayor, may cancel any regularly scheduled meeting, provided that at least one regular meeting shall be held each calendar month.
(b)
Special meetings. The city secretary shall call a special meeting upon the request of the mayor, the city manager, or any two councilmembers.
(c)
Emergency meetings. In instances of emergency or urgent public necessity, the mayor, or councilmember duly acting in the absence of the mayor, or the city manager may call an emergency meeting in such manner as is authorized by the Texas Open Meetings Act.
(d)
Location. City council meetings shall be held at the city council chambers or such other place prescribed by ordinance, resolution, or order of city council.
(Ord. No. 2024-13, § 2, 5-14-24; Ord. No. 2025-28, § 1, 6-24-25)
Sec. 2-26. - Conducting meetings.#
The mayor and the city council shall conduct its meetings in compliance with the Texas Public Meeting Act, applicable provisions of this code and by such policy as may be adopted by council.
(Ord. No. 2024-13, § 2, 5-14-24)
Sec. 2-27. - Agenda for council meetings.#
The agenda for each meeting of the city council shall contain such information and be posted in a time and place as is sufficient to comply with the Texas Open Meetings Act. (1)
Form. The agenda for each regular meeting of the city council shall be ordered generally as follows: (1) call to order; (2) invocation; (3) Pledges (US & Texas); (4) special reports/recognition; (5) consent; (v) public hearings/action; (vi) action items in numerical order; (vii) executive session (if necessary); (viii) council request for reports; (ix) adjournment.
(2)
Preparation and posting. The city secretary shall prepare and post the agenda for each meeting of the city council. The agenda shall be in the general form and structure as provided above. The city secretary may order the agenda items in a manner to facilitate the conduct of the council meeting and the efficient utilization of city resources., Subject to appeal, as provided in Section 2-29 below, the mayor may re-order the agenda items or take items out of order at any meeting.
(3)
Content. The mayor, any member of the city council, or the city manager, may, without the approval or authorization of any other person, place an item on the agenda for any regular meeting of the city council; provided that the request must be timely made in relation to the time when the agenda for the meeting is set by the city secretary.
(4)
Executive sessions. The city council may go into executive session at any time, when in the judgment of the city council it is in the best interests of the city, on any properly posted agenda item dealing with subject matter for which the Texas Open Meetings Act authorizes executive sessions. Notwithstanding the foregoing sentence, when it is anticipated at the time the agenda is posted that the city council will go into executive session with respect to any item of business, the matter should be placed on the agenda as an item for executive session and, in addition to the subject matter, should specify the section of Chapter 551, Tex. Gov't. Code, that authorizes such executive session. Each agenda item for an executive session shall provide notice that, or provide an additional agenda item providing notice that, the city council may act on the subject matter considered in the executive session.
(Ord. No. 2024-13, § 2, 5-14-24)
Sec. 2-28. - Public participation.#
(a)
Scope. This section shall apply to public meetings of the city council.
(b)
Definitions. For the purposes of this section the text in italics (italics) set out below shall have the definitions that follow:
(1)
Citizens comment period means the time allocated during each action item on an agenda allowing members of the public an opportunity to speak on the associated action item.
(2)
Public engagement means the act of addressing the city council at a public meeting by a member of the public in accordance with the provisions of this section.
(3)
Public hearing means an item on an agenda designated for members of the public to give testimony and provide comments related to the subject matter of the public hearing.
(c)
Public engagement.
(1)
Public engagement may be authorized at designated times during a regular meeting, work session meeting, or workshop meeting as follows:
a.
Citizens comment period. Each action item on an agenda shall include a citizens comment period. Public engagement during the citizens comment period shall be limited to questions, comments, and/or testimony relating to the associated action item.
b.
Public hearings. Public hearings shall be posted on agendas when required by state or local law; or at other times as determined by the mayor or city manager. Public engagement during the public hearings shall be limited to questions, comments, and/or testimony relating to the posted subject matter of the public hearing.
c.
Public engagement before city council may be authorized by the mayor by manner and means not prescribed herein provided such public engagement is conducted in a manner consistent with the prescripts of the Texas Open Meetings Act.
(2)
Members of the public who wish to engage in Public Engagement may be required to sign-up prior to the earlier of either the meeting or any posted sign-in deadline.
(3)
Speakers must limit their remarks to three minutes. The allotted time will commence from the beginning of the speaker's remarks and will include any time spent in discussion between the speaker and council. Issues taking longer to communicate can be addressed outside the meeting to the city staff or submitted in writing. Once a speaker has exhausted their allotted time they may not speak again.
(4)
When called upon by the presiding officer, speakers must state their name, and for a public hearing, must also state their address.
(5)
Speakers may not yield time to others.
(6)
The presiding officer may limit the total time allotted for those speaking both for and against an item, provided that each side shall be allotted an equal amount of time.
(7)
At the discretion of the presiding officer, the three-minute limitation per speaker may not apply to the applicant or a party to the contract or item on the agenda.
(d)
Rules of decorum for city council.
(1)
The purposes of these rules are as follows:
a.
To ensure that meetings of the city council are conducted in a way that allows the business of the city to be effectively conducted.
b.
To ensure that members of the public who attend meetings of the city council can be heard in a fair, impartial and respectful manner.
c.
To ensure that meetings of the city council are conducted in a way that is open to all viewpoints, yet free from abusive, distracting or intimidating behavior.
d.
To ensure that the rules governing decorum at meetings of the city council are understood by persons attending the meetings.
(2)
All comments and questions by members of the public at a meeting will be directed to the presiding officer and must be limited to the matter on the agenda.
(3)
The mayor and council, will endeavor to ensure that meetings are conducted in a courteous manner, and in an atmosphere free of defamation, intimidation, personal affronts, profanity, or threats of violence.
(4)
Members of the public shall not engage in any of the following in the meeting room during a council meeting:
a.
Shouting, unruly behavior, distracting side conversations, or speaking out when another person is talking.
b.
Defamation, abusive language, intimidation, personal insults, profanity or vulgar language or gestures, display of obscene materials, or threats of violence.
c.
Personal attacks on any individual unrelated to a matter of public concern or the manner in which the individual performs their duties are prohibited, as well as disruptive behavior that impairs the rights of other participants at the meeting.
d.
Audible use of phones, pagers, radios, computers, or other electronic equipment.
e.
Shouting or asking questions from the audience while another speaker is speaking.
f.
Booing, hissing, foot stomping, parading, singing, clapping in a disruptive manner or other similar behavior that impedes or disrupts the orderly conduct of the meeting.
(5)
The rules in this section shall be enforced against individuals participating in meetings in-person or online in the following manner:
a.
The presiding officer will request that a person who is violating a rule cease the violation.
b.
The presiding officer may prevent any citizen from addressing the council, who makes comments or provides documents during the public comments portion of the city council meeting that are defamatory, whether slander or libel, rise to the level of disorderly conduct, incite a riot, or are considered a breach of the peace.
c.
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.
d.
If the violation continues, the presiding officer will order the person to leave the building or the online meeting room.
e.
If the person does not leave the building or online meeting room, the presiding officer may order any peace officer at the meeting to remove the person from the building or have the person removed from the online meeting room.
(e)
Penalty. Any person who intentionally or knowingly resists removal from a meeting room by a peace officer under subsection (b)(5) of this section shall be subject to criminal prosecution for a Class C misdemeanor and upon conviction shall be subject to a fine not to exceed $500.00.
(Ord. No. 2024-13, § 2, 5-14-24; Ord. No. 2025-41, § 2, 9-9-25)
Sec. 2-29. - Parliamentarian.#
The mayor shall serve as parliamentarian and shall make all decisions regarding the procedure of a meeting. A parliamentarian decision may be appealed by objection made by any councilmember. If the objection is overruled, the councilmember may appeal the objection to the body. Unless the appeal receives a majority vote of the councilmembers present, the parliamentarian ruling shall stand.
(Ord. No. 2024-13, § 2, 5-14-24)
Charter reference— City Council, Article IV and Elections Article V