Loading...
06-132 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-132 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ESTABLISHING RULES OF ORDER AND PROCEDURE; PROVIDING FOR SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town of Prosper, Texas (the "Town") desires to adopt the following Rules of Order and Procedure to promote the effective and efficient management and conduct of public affairs of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1. AUTHORITY 1.1 CHARTER Section 3.12 of the Town Charter provides that the Town Council shall determine, which may be done by ordinance, resolution or otherwise, its own rules of order and business. These shall be in effect upon adoption by the Town Council and until such time as amended, suspended or new rules are adopted in the manner provided. 1.2 APPLICABILITY OF RULES OF ORDER AND PROCEDURE Unless otherwise provided herein, the Rules of Order and Procedure adopted herein, as amended from time to time, shall apply to all boards, commissions, and committees of the Town. 1.3 COUNCIL MEMBER APPOINTMENTS AND ASSIGNMENTS The Mayor and Town Council confirm Council Member appointments to outside agencies, committees, task forces, boards, and commissions. Council Members provide a link for representing the values, beliefs, and position of the Town Council to these entities. The representative will periodically report to the Town Council on the activities of these organizations. BOARDS AND COMMISSION APPOINTMENTS In August of each year or as otherwise necessary, the Town Council will commence with a process to appointment of Boards and Commissions as follows: a. Notice of board and/or commission positions open for appointment will be advertised in the local newspaper, emailed to the Town's distribution list, and posted on the Town's website beginning in August of each year. The application will be available at Town Hall and shall also be posted on the Town's website. The Town Secretary shall collect the submitted applications. b. The Town Council shall meet with potential candidates at the first regular Council meeting in September. The Town Council will make their selections using a candidate ranking form. Each Council Member will assign the highest number to their first choice and the lowest number to their last choice for each board and/or commission. For example, if there are five (5) candidates for a specific board, each Council Member would rank their first choice with a five (5) and their second choice with a four (4) until each candidate has been ranked. At the end of this process, each candidate's points from all Council Members will be totaled and the candidate(s) with the most points will be appointed to the open position(s). C. In the event of a tie, Council Members will discuss the candidate(s) and a motion will be voted upon to break the tie. d. The Town Council will act upon the appointments at the second regular Council meeting in September. e. The new Board and Commission appointments will become effective October 1St and will be sworn in by the Town Secretary prior to the appointee's first meeting. f The Town Council shall appoint from among the Mayor or a Town Council Member one Council Liaison to each Board and Commission that they deem appropriate at the second regular Council meeting in September for a term of one year. 1.4 COUNCIL MEMBER PARTICIPATION IN COMMUNITY ACTIVITIES From time to time, Council Members may choose to participate in community activities, committees, events, and task forces. When a Council Member participates in these types of activities, the Council Member is acting as an interested party rather than acting on behalf of the Town Council. Acting or participating on behalf of the Town Council is limited to those instances when the Town Council has formally designated the Council Member as its representative for the matter. SECTION 2. COUNCIL MEETINGS 2.1 REGULAR MEETINGS Regular meetings of the Town Council shall be held on the second and fourth Tuesdays of each month. The meetings will begin at 6:00 p.m., unless the time is otherwise modified by a posted agenda, and will be held at a location specified on the posted agenda. 2.2 SPECIAL MEETINGS AND EMERGENCY MEETINGS Special meetings may be called at any time by the Mayor or on the application of four (4) Council Members. Each member of the governing body, the Town Secretary, and Town Attorney must be notified of the special meeting. The notice may be given personally or left at the person's usual place of residence. The Town Secretary shall also post notice thereof as provided by State law. Special meetings may be held at any location in the Town as long as such meetings are conducted in accordance with State law. In case of an emergency or urgent public necessity which shall be expressed in the notice of meeting, an emergency meeting may be called, in accordance with the Texas Government Code, by the Mayor or four (4) members of Town Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. Diligent effort to notify all Council Members shall be made prior to the emergency meeting. (Texas Government Code, Section 551.045) 2 2.3 EXECUTIVE SESSIONS (CLOSED MEETINGS) The Town Council may meet in Executive Session during any regular or special meeting, or anytime otherwise authorized by State law, to consider or hear any matter which is authorized by State law to be heard or considered in Executive Session. a. The Town Council may exclude from any such Executive Session any person or persons which it is authorized by State law to exclude from such sessions. b. The general subject matter for consideration shall be expressed in an open meeting before such session is held. C. Council Members may not reveal the specific nature of discussion from a closed session unless required by State law. 2.4 NOTICE OF MEETINGS Notice of meetings and the agenda for all Town Council meetings shall be posted by the Town Secretary in a public location at Town Hall and on the Town's website pursuant to the requirements of the Texas Open Meetings Act. (Texas Government Code, Section 55 1) 2.5 QUORUM Pursuant to Section 3.09 of the Town Charter, four (4) Town Council members shall constitute a quorum for the purpose of transaction of business. No action of the Town Council shall be valid or binding unless adopted by the affirmative vote of a majority of the Town Council present, except as required or authorized by State law. However, at a meeting to consider the imposition of taxes, four (4) Town Council members constitute a quorum unless otherwise provided by law. 2.6 CHAIR(MAYOR) The Mayor shall preside over all meetings of the governing body of the municipality. The Mayor shall participate in the discussion of all matters coming before Town Council and shall vote on all matters before the Town Council. The Mayor has been delegated the responsibility to act as the Town Council's ceremonial representative at public events and functions. In the Mayor's absence, the Mayor Pro-Tem assumes this responsibility. The Mayor shall have the authority to preserve order at all Town Council meetings, to enforce the rules of the Town Council and to determine the order of business under the rules of the Council. The Mayor shall also have the power to administer oaths. MAYOR PRO-TEM (PRESIDENT PRO TEMPORE) a. Absence of the Mayor. The Town Council shall elect from among the Council Members a Mayor Pro-Tem at the first regular meeting after each election of Council Members and/or Mayor for a term of one year. The Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and in this capacity shall have the rights conferred upon the Mayor. 3 b. Absence of Mayor and Mayor Pro-Tem. The Deputy Mayor Pro-Tem shall be a Council Member elected by the Town Council at the first regular meeting after the election of Council Members and/or Mayor. The Deputy Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and Mayor Pro-Tem, and in this capacity shall have the rights conferred upon the Mayor. 2.7 ATTENDANCE BY THE PUBLIC All meetings of the Town Council shall be open and public in accordance with the terms of provisions of the Texas Open Meetings Act except the Executive Session or closed meetings by State law. (Texas Government Code, Section 551.002) 2.8 MINUTES Minutes of Town Council meetings will be kept. Minutes will include final motions with votes. The minutes will also reflect the names of public speakers. (Texas Government Code, Section 551.021) a. Town Council Approval of Minutes Minutes of meetings are generally submitted to the Town Council for approval within two (2) weeks of the subject meeting. SECTION 3. ORDER OF BUSINESS 3.1 GENERAL ORDER Town Council meetings will be generally conducted in the following order, unless otherwise specified. An Executive Session may be held at any time during a meeting consistent with applicable State law. REGULAR MEETING AGENDA • Call to order and announce a quorum is present (Town staff will announce the reason a Council Member is not in attendance of a meeting if requested beforehand by the absent Council Member) • Invocation and Pledge of Allegiance • Announcements/Public Recognition • Presentations • Consent Agenda/Approval of Minutes • Citizens' Comments • Regular Agenda • Public Hearings • Department Items • Executive Session • Adjournment 3.2 NUMBERING AND INDEXING OF AGENDA ITEMS All items of any nature shall be numbered consecutively for purposes of consideration on the agenda. Upon passage, the Town Secretary shall index all ordinances and resolutions. 4 3.3 ANNOUNCEMENTS AND PUBLIC RECOGNITION All special presentations and announcements will be calendared and coordinated through the Town Secretary. A period of time, generally not to exceed fifteen (15) minutes, will be set aside for public recognition at each Town Council meeting. Members of the Town Council have the opportunity to notify others of community events, functions, and other activities. 3.4 CONSENT AGENDA The Consent Agenda shall contain routine, non-controversial items that require Town Council action, but generally need little or no Town Council deliberation. Agenda items removed from the Consent Agenda, by the request of Council Members or staff, will be considered after approval of the remaining Consent Agenda, 3.5 STANDARD ADJOURNMENT The Town Council establishes 11:30 p.m. as the hour of adjournment and will not continue beyond that time without a majority vote of the Town Council. To assist in making the determination to continue an item under consideration, the Town Council should find that discussion, deliberation, and action, on the item could be concluded by 12:00 midnight. If agenda items remain after the 11:30 p.m. adjournment, a special meeting may be scheduled or the items deferred until the next regular meeting. SECTION 4. RULES OF CONDUCT 4.1 GENERAL PROCEDURE State law and any applicable Town ordinance, statute or other legal requirement, shall govern the proceedings of the Town Council. 4.2 AUTHORITY OF THE CHAIR Subject to appeal to the full Town Council, the Mayor shall have the authority to prevent the misuse of motions, the abuse of privilege, or the obstruction of the business of the Town Council by ruling any such matter out of order. In so ruling, the Mayor shall be courteous and fair and should presume that the moving party is acting in good faith. 4.3 MAYOR TO FACILITATE COUNCIL MEETINGS In the role of facilitator, the Mayor will assist the Town Council in focusing agenda discussions and deliberations. 4.4 COUNCIL DELIBERATION AND SPEAKERS ORDER The Mayor has been delegated the responsibility to control the debate and speaking order of the Town Council. Town Council members will generally be called upon by the Mayor in the order of the request to speak or by seating order. With the concurrence of the Mayor, a Council Member holding the floor may address a question to another Council Member and that Council Member may respond while the floor is still held by the Council Member asking the question. A Council Member may opt not to answer questions while another Council Member has the floor. 5 4.5 LIMIT DELIBERATIONS TO ITEM AT HAND Council members will limit their comments to the subject matter or motion being currently considered by the Town Council. 4.6 LENGTH OF COUNCIL COMMENTS Council Members will govern themselves as to the length of their comments or presentation. As a courtesy, the Mayor will signal by hand to a Council Member who has been speaking for over five (5) minutes. This procedure is not meant to limit debate or to cut comments short, but rather to assist Council Members in their efforts to communicate concisely. 4.7 OBTAINING THE FLOOR Any member of the Town Council wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Council Member who seeks the floor when appropriately entitled to do so. 4.8 MOTIONS Motions may be made by any member of the Town Council, including the presiding officer, provided that before the presiding officer offers a motion, the opportunity for making a motion should be offered to other members of the Town Council. Any member of the Town Council, other than the person offering the motion, may second a motion. 4.9 PRODECURES FOR MOTIONS The following is the general procedure for making motions: a. Before a motion can be considered or debated it must be seconded. b. A Council Member who wishes to make a motion should do so through a verbal request to the Mayor. C. A Council Member who wishes to second a motion should do so through a verbal request to the Mayor. d. Once the motion has been properly made and seconded, the Mayor shall open the matter for discussion offering the first opportunity to the moving party and, thereafter, to any Council Member properly recognized by the Mayor. e. Once the matter has been fully discussed and the Mayor calls for a vote, no other discussion will be allowed, provided, however, Council Members may be allowed to explain their votes. MOTION TO CONTINUE A motion to continue will leave the motion in its present condition for consideration on a date and time certain. 6 MOTION TO REMOVE A motion to remove will take the matter off the agenda and will not be considered by the Council for a period of time to be specified in the motion. MOTION TO TABLE A motion to table will delay consideration of the item being discussed by the Town Council. MOTION TO TABLE (public hearing) Before a motion to table a public hearing may be made, a motion to open the public hearing must be made and seconded. Once the public hearing is open, a motion to table and continue the public hearing to the next regular Town Council meeting may be made and seconded. MOTION TO POSTPONE A motion to postpone will kill or reject the item under consideration for a period of 180 days. MOTION TO REFER A motion to refer forwards the item under consideration to the named group, committee, or board for further study. MOTION TO LAY ON THE TABLE A motion to lay on the table allows the item to be temporarily set aside under discussion. MOTION TO TAKE FROM THE TABLE A motion to take from the table allows the matter to be discussed again and would only be used in conjunction with a motion to lay on the table at the same meeting. WITHDRAWL OF MOTION A withdrawal of motion indicates a motion may be withdrawn or modified by the Council Member who originally made the motion at any time prior to its passage. If the motion is modified, the Council Member who seconded the motion may withdraw his/her second. MOTION FOR RECONSIDERATION A motion for reconsideration may be made at the same meeting (or at the next succeeding meeting following a Town Council action) as long as the reconsideration request complies with the requirements of the Texas Open Meetings Act. A motion for reconsideration may only be made by a Council Member who voted with the majority of the Town Council on the action proposed to be reconsidered by the Town Council. Any member of the Town Council may second a motion for reconsideration. 7 4.10 VOTING a. If any voting member of the Town Council abstains because of a legal conflict, he/she is not counted as present for quorum purposes and is not deemed to be "voting" for purposes of determining whether there has been a"majority vote of those voting and present". b. When a voting member of the Town Council abstains or excuses himself/herself from a portion of a Council meeting because of a legal conflict of interest, the member must briefly state, on the record, the nature of the conflict and comply with any other State law requirements. C. Should any voting member of the Town Council choose to abstain (including any member momentarily or temporarily excusing themselves from any portion of the meeting without a formal recess) from voting on any question before the Town Council where no conflict of interest exists, the member's vote shall be recorded as a negative vote in the official minutes of the meeting. Tie Votes A tie vote results in a lost motion. In such an instance, any member of the Town Council may offer a motion for further action. If there is not an affirmative vote, the result is no action. If the matter involves an appeal and an affirmative vote does not occur, the decision appealed stands as decided by the decision making person or body form which the appeal was taken. Statute VotinLy Requirements Some actions taken by the Town Council require more than a simple majority vote of approval as required by State statutes. a. Protested Changes in Zoning Ordinance—Three-fourths Vote If a proposed change to a zoning regulation or boundary is protested by owners of twenty percent or more of the area of the lots or land included in such proposed change, or of the area of lots of land immediately adjoining the area covered by the proposed change and extending 200 feet therefrom, the affirmative vote of at least three-fourths of the full voting Town Council is required for the proposed change to take effect. An affirmative vote of at least three-fourths of the full voting Town Council is required to overrule a recommendation of the Planning and Zoning Commission that a proposed change to a zoning regulation be denied. 4.11 NON-OBERVANCE OF RULES Rules adopted to expedite and facilitate the transaction of the business of the Town Council in an orderly fashion shall be deemed to be procedural only, and the failure to strictly observe any such rules shall not affect the jurisdiction of, or invalidate any action take by the Town Council. 8 SECTION 5. PUBLIC HEARINGS 5.1 GENERAL PROCEDURE The Town Council for the conduct of Public Hearings is generally as follows: a. Town staff presents its reports. b. Council Members may ask questions of staff. C. The applicant or appellant will then be provided the opportunity to present comments, testimony, or arguments. In the case of an appeal when the appellant is different from the applicant, the appellant should be called upon first to provide comments or testimony. The applicant or appellant shall have a total of fifteen (15) minutes for a presentation when recognized by the Mayor or presiding officer. The initial comments or presentation shall be limited to ten (10) minutes and their rebuttal or concluding comments shall be limited to five minutes unless extended by a majority vote of the Town Council. d. Council Members may ask questions of the applicant and/or appellant. e. Upon a favorable motion of the Town Council, the Mayor opens the Public Hearing. (See Section 5.3) f Members of the public are provided with the opportunity for rebuttal or concluding comments. In the case of an appeal when the appellant is different from the applicant, both are given the opportunity for closing comments. g. Upon a favorable motion of the Town Council, the Public Hearing will be closed. h. The Town Council deliberates on the issue. i. If the Town Council raises new issues through deliberation and seeks to take additional public testimony, the Public Hearing must be reopened. At the conclusion of the public testimony, the Public Hearing must be closed. j. The Town Council deliberates, makes motions, if any, and takes action. k. The Mayor announces the final decision of the Town Council. 5.2 CONTINUANCE OF HEARINGS Any Public Hearing being held, noticed or ordered to be held by the Town Council may, by order, notice or motion, be continued to any subsequent meeting. 5.3 PUBLIC DISCUSSION AT HEARINGS When a matter for Public Hearing comes before the Town Council, the Mayor will open the Public Hearing after a favorable motion of the Town Council. Upon opening the Public Hearing and before any motion is adopted related to the merits of the issue to be heard, the Mayor shall inquire if there is anyone present who desires to speak on the matter which is to be heard or to present evidence regarding the matter. 9 a. Public Member Request to Speak Any person wishing to speak at a Public Hearing scheduled on the agenda shall complete a Public Meeting Appearance Card prior to the matter being reached, and present it to the Town Secretary. Upon being recognized by the Mayor, the person may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the Mayor. All persons wishing to speak on the matter shall be limited to five (5) minutes each, and there shall be a cumulative limit of sixty (60) minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. The time limit may be extended by a majority vote of the Town Council. b. Time Limits The Mayor, with approval of a majority of the Town Council, may alter any of the enumerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item. C. Questions of Speakers Members of the Town Council who wish to ask questions of the speakers or each other during the Public Hearing portion may do so, but only after first being recognized by the Mayor. Interaction with the speaker shall be limited to a question or questions, rather than an ongoing dialog. d. Materials for Public Record All persons interested in the matter being heard by the Town Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented will be retained by the Town Secretary's Office as part of the record of the hearing, in accordance with the requirements of State law. e. Germane Comments During the Public Hearing, no person will be permitted to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance shall be made by the Mayor, but may be appealed to the full Town Council. 5.4 COMMUNICATIONS AND PETITIONS Written communications and petitions concerning the subject matter of the hearing will be noted, read aloud, or summarized by the Mayor. A reading in full shall take place if requested by any member of the Town Council. SECTION 6. ADDRESSING THE TOWN COUNCIL 6.1 STAFF PRESENTATIONS Staff presentations will be concise and will provide factual background information on the item as well as a recommendation for the Town Council. 6.2 ORAL PRESENTATIONS BY MEMBER OF THE PUBLIC The following procedures will guide oral presentations by members of the public at Town Council meetings: 10 a. Prior to the meeting or during the meeting prior to a matter being reached, persons wishing to address the Town Council shall complete a Public Meeting Appearance Card and present it to the Town Secretary. b. When called upon, the person should come to the podium state his/her name and address for the record, and, if speaking for an organization or other group, identify the group represented. C. All remarks should be addressed to the Town Council as a whole, not to individual members. d. Questions, if any, should be directed to the presiding officer who will determine whether, or in what manner, a response or answer will be provided. 6.3 CITIZENS' COMMENTS This portion of the Town Council meeting is set aside for members of the public to address the Town Council on any item of business that is not formally scheduled on the agenda or scheduled as a Public Hearing. Members of the public shall complete a Public Meeting Appearance Card prior to the item being heard and present it to the Town Secretary. a. Timing Citizens' Comments are generally permitted at the beginning of the regular Town Council meeting, as specified on the agenda. Presentations shall be limited to three (3) minutes each, but may be extended for an additional two (2) minutes with approval of a majority of the Town Council. Citizens' Comments shall be limited to a cumulative total not to exceed fifteen (15) minutes for all speakers unless extended by a majority vote of Council. b. No Council Deliberations In compliance with the Texas Open Meetings Act, the Town Council may not deliberate or vote on any matter raised in Citizens' Comments, except for the purpose of determining whether such matter should be placed on a future Town Council agenda. The Mayor, however, may request the Town Manager to provide additional information on a matter of general interest to the full Town Council, the public at large, and to the citizen making the comment. 6.4 POWERPOINT PRESENTATIONS a. Members of the public may present a PowerPoint software presentation to the Town Council utilizing the Town's audio/visual equipment or their own equipment. b. All PowerPoint presentations must be submitted to the Town Secretary, or appropriate staff, on a staff approved format not later than noon of the day prior to the Town Council meeting to allow for virus checks and confirm compatibility with Town equipment. C. Any CDs submitted believed to contain viruses or are unable to be scanned for viruses by Town equipment will not be permitted to be used on Town equipment. d. If compatibility or viruses is at issue, a member of the public may provide a printed hard copy of the PowerPoint presentation to the Town Council and staff or run the PowerPoint presentation on their own equipment. 11 6.5 PUBLIC MEETING APPEARANCE CARDS Public Meeting Appearance Cards may be used by members of the public who are present, but do not wish to or cannot verbally address the Town Council during a meeting. A person may indicate his/her comments and support or opposition for an agenda item on a Public Meeting Appearance Card. During the public testimony regarding the item, the Mayor will indicate that the Town Council has received written comments from (name of persons) in support of the project or issue and from (name of persons) in opposition. The minutes will reflect the Town Council's receipt of written comments in support or opposition of the project or issue. 6.6 REPETITIOUS COMMENTS PROHIBITED a. A speaker shall not present the same or substantially the same items or arguments to the Council repeatedly or be repetitious in presenting their oral comments. Nothing in the foregoing precludes submission of comments to the Town Council in writing, for such action or non-action as the Council, in its discretion, may deem appropriate. b. In order to expedite matters and avoid repetitious presentations, the designation of a spokesperson is encouraged. Whenever any group of individuals wishes to address the Council on the same subject matter, those individuals are encouraged to designate a spokesperson to address the Town Council. With the consent of the Town Council, the Mayor may extend the time allocation for a designated spokesperson. 6.7 WAIVER OF RULES Any of the foregoing rules may be waived or suspended by a majority vote of the Council Members present when it is deemed that there is good cause to do so, based upon the particular facts and circumstances involved. 6.8 NON-EXCLUSIVE RULES The rules set forth are not exclusive and do not limit the inherent power and general legal authority of the Town Council, or of its presiding officer, to govern the conduct of Town 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 Town. SECTION 7. COUNCIL MEMBER ADMINISTRATIVE REPORT 7.1 MAIL All general mail addressed to the Town Council and received at Town Hall will be date stamped and distributed to individual Council Members to which the mail is addressed. 7.2 TOWN COUNCIL CORRESPONDENCE All Council Member correspondence prepared with Town resources (letterhead, typing, staff support, postage, etc.) will reflect the position of the full Town Council, not individual Council Member's positions. Town Council Members will be provided business cards to use reflecting their position as a Council Member. 12 7.3 MASTER CALENDAR A master calendar of Town Council events, functions or meetings will be maintained by the Town Secretary's Office and provided to the Town Council. Functions, events or meetings to be attended by individual Council Members will only be included on the master calendar at the request of individual Council Members. 7.4 REQUESTS FOR RESEARCH OR INFORMATION Council Members may request information or research from staff on a given topic through the Town Manager. Requests for policy direction will be brought to the full Town Council at a regular meeting for consideration. All written products will be copied to the full Town Council. The Town Manager will determine if extensive staff time and resources are required to accomplish the request. If so, at his/her discretion, the Town Manager may present that request to the full Town Council prior to proceeding. 7.5 ACTIVITY REPORTS The Town Manager shall provide activity reports to the Town Council on a monthly basis to inform the Town Council about department occurrences, project updates, personnel changes, etc. 7.6 TOWN COUNCIL NOTIFICATION OF SIGNIFICANT INCIDENTS In conjunction with the Town's public safety departments, the Town Manager's Office will coordinate the notification to the Town Council of major crime, fire or other disasters or incidents. SECTION 8. PROCEDURES ADMINSTRATION 8.1 BIENNIAL REVIEW OF TOWN COUNCIL PROCEDURES The Town Council will review and revise the Town Council Rules of Order and Procedure as needed, and at a minimum, every two years. 8.2 ADHERENCE TO PROCEDURES During Town Council discussions, deliberations, and proceedings, the Mayor has the primary responsibility to ensure that the Town Council, staff, and members of the public adhere to the Council's adopted procedures. 8.3 TOWN ATTORNEY AS PRODECURE ADVISOR The Town Attorney assists the Mayor and Town Council as a resource and as an advisor for interpreting the Town Council's adopted rules and procedures. SECTION 9. SEVERABILITY If any provision of this Ordinance is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. 13 I SECTION 10. EFFECTIVE DATE This Ordinance shall become effective immediately upon its passage. PASSED AND APROVED by the Town of Prosper, Texas on this the 12"' day of December, 2006. H GER, Mayor ATTEST: %%%% '�\ OF P% �® �ImC? >Idt cap thew D. Denton, Town Secretary s o o ®_ ® *0 I 14