HomeMy WebLinkAboutOrdinance No. 97 OADINADiCE N0. __..!L_._..�
AN C8DI1'?Al�G�: ADOFTIr�?G RULu'S GF PROC EDUFiE FOR THE
CITY COUNCIL P:EETIP�7GS OF THE CITY OF FFIENDSWOOD,
TEXAS, PUASUAI�T TO AUTHOBITY GGI�TAIPJED II� AF�TICLE
100� OF TH�. I�EVISED CIVIL STATUTES OF THE STATE
OF TEXAS� EEPEALING OADIA?AT�C ES IN C ONFLIC T AND
PBOVIDING A SEVERABILITY GLAUSE.
WHEFi�AS, Article 1008 of the Eevised Civil Statutes
of the State of TeXas empoti�ers the City Council of the City of
Friendswood to detern��inE the rules of its proceedings, and
auth.orizes such Council to com�el the attendance of absent
members and punish them for disorderly conduct; and Article 1011
authorizes the Council to determine the rules for the goad
�overnment, peace and order of the City that ma.y be necessa.ry
to carry into effect the powers vested in this City C our_cil, and
empowers Council to enforce the observance of all such rules;
Now, Therefore,
BE IT OF�DAINED BY T�.E CITY CCUNCIL GF TH� CITY OF
FRIEI�DSWOOD:
Section 1. The follouTing rules of procedure shall gov�rn
all meetings and proceedir_gs of the City Council, and. the conduct
of all members a.nd other persons in a.ttenc�ance a�t such meetin�s.
(Wherever a rule embodies a provision of a statute of tre State
of Texas, identically or ir� substance, notatian has been made of
that fact. )
Au1e l. DZeetin�s, Fie�ular an.d Special.
(a) The City Council sha11 meet in the Council Chambers
of the C ity Hall (or sucr. other place as C ounc il may dec ide ar.d
publicly announce) on the first and third N!onda.ys of each month,
commencing at 7: 30 o'clock P.T�;. In the event Monday falls on a
Holiday the �eetin�r for that day shall be at 7: 30 P.Nt. the r.ext
d�y. Any such re�ular meetin� may be recessed from hour to hour
or adjourned from da� to day by a ma.�ority vote of the members
of Council present at such meeting, and such recessed or ad�ourned
meetin� sha.11 be held taithout further notice to ar.y ruember, as
provided in the �otion ordering tre specific time a.nd place.
Frovided, however, that no recess to a time longer tha.n twenty-four
hours from the hour v�rrien trie 'recessed' meEting commenced sha.11 be
valid, and provided further that, while any meetin� ma.y be
a.d�ourned from d�y to da�-, any suc� neeting sMa11 be a.utomatica.11;�
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finally ad�ourned upon the commencexnen� oi �;r:f� �:�e;�t regular meeting
or upon the commencement of any duly called special meetin� prior
to the next regular meetin$.
(b) The l�7ayor, of his own motion, or on the application of
three Councilmen, may call special meetings, by notice to each
member of said Council, the Secretary and City Attorney, served
personally or 1ef t at their usual place of abode. (Article 1008,
A.S. 1925. )
(c) The Mayor and three C ouncilmen shall constitute a
quorum enabling the C ouncil to transact business.
Au�e 2. Chairman and Call to Order.
The Mayor shall preside at all meetin�s of the City Council,
and shall have a casting vote, exeept in elections. If he and
the president pro tem are absent, any councilman may be appointed
to preside. (Article 1007, Fi.S. 1925. ) At the hour of the meeting
the Mayor sha11 assume the chair, call the Council to order and
the Secretary shall call the roll. A quorum being present, the
Secretary, at each regular meeting� shall present to the C ouncil
the minutes of all proce�din�s since the beginning of the last
regular meeting and read same, if so required by any C ouncil member,
and after their correction, if any, and approved, the minutes will
be signed by the Mayor and Secret�ry.
Aule . Handlin� of Non-Agenda Sub�ects:
The City C ouncil is the sole �udge of its own procedure and
in full control of the business before it, Neither the Mayor,
the Mayor Pro tem, nor any C ouncilman appointed to preside shall
have any power to either recess a meeting or ad�ourn a meeting,
or prevent the City C ouncil from taking any action upon any matter
it deems properly before it. Neither the Nayor, the Mayor pro tem,
nor any Councilman appointed to preside shall bring any matter
before the City Council or lay the same out for consideration
except in strict accordance with the rules of the City Council
as enacted herein. If, notwithstandin� the positive provisions
of this rule, the presiding officer, whether Mayor, Mayor pro tem
or C ouncilman presiding, shall attempt to prevent City C ouncil
from takin� any action on any sub�ect brou�ht before it, any
C ouncilman present may call for a vote of the City Council to
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consider the matter. If the Mayor, Mayor pro tem or C ouncilman
presiding shall attempt to introduce any matter not on the agenda
as provided in Ru1e 7 or permit any Councilman to do so, and an
ob�ection to discussing that particular sub�ect is raised by either
the Mayor or any Councilman present, then a vote of Council shall
be taken and the result of such vote shall decide whether or not
that sub�ect can be discussed and/or acted upon during that meeting.
Aule �. C onduct of Mayor and C ouncilmen+
Any member of the City C ouncil including the Mayor, who fails
to observe decorous and orderly behavior during a meeting and who
disturbs sueh meeting of C ouncil by such disorderly conduct is
sub�ect to bein� expelled from such meeting upon motion passed by
2/3 vote of the Council present at this meeting. The expelled
member may be fined by motion not to exceed �$100.00. No m.ember so
fined shall be permitted to participate in any further meetings of
Council until such fine be paid. Any member reprimanded by motion,
expelled from a meeting by motion, or fined by motion for such
prohibited behavior who thereafter commits another breach of
decorous and orderly behavior during a subsequent meeting and
again disturbs any meeting of the Council by such disorderly
conduct shall be sub�ect to the same power of C ouncil to reprimand
him, expel him from the meeting or fine him and, in addition, shall
be sub�ect to having C ouncil declare a forfeiture of his office
and his expulsion from the Council by resolution adopted by a
unanimous vote of the remainder of the entiremembership of the
C i ty C ounc i 1.
Rule 5. Non-inter�ion
Each member of the City Council shall be permitted to address
the chair while either seated or standing, and after recognition
shall not be interrupted while speakin� without his consent, except
by a call or order of the chair.
F?ule 6. Handling of Questions of Order.
A11 questions of order sha11 be decided by the presiding
officer with the right of appeal of his decision by the City Council,
and a ma�ority of the Councilmen present may overrule the decision
of the chair. When the chair makes a ruling on a point of order
and one of the Councilmen states "I appeal the rulin� of the chair" ,
or words to such effect, no other business shall be transacted
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until the question "Shall the ruling of the chair be sustained?!'
be voted on. The presiding officer shall immediately put such
question to vote without debate, and, if he fails to do so,
immediately, any member of the City Council may put the question
to a vote.
Rule 7. Procedure for Sutenitting A�enda Items.
Any and a11 ordinances, resolu�ions, motions or other matters
to be brought before the City Council for its consideration by the
Mayor or by any member of the C ouncil shall be submitted by the
Mayor or by such member of the C ouncil to the City Secretary not
later than 3:00 P.M. of the Friday preceding the regular meeting
at which the same is to be considered. The Ci�y Secretary shall
then prepare a written a�enda. for the meeting, settin� out the
matters so sul�nitted to her, and shall send a copy of such agend�„�
by mail or other delivery in sufficient time to be delivered to
and received by each member of the City Council not later than
12: 00 otclock noon of the day preceding that upon which the re�ular
meetin� is to be held. If the Mayor or any member of the C ouncil
desires to bring any ordinance, resolution, motion or other matter
before the C ouncil not listed upon the a�enda in the manner stated,
the Mayor or C ounci].man so proposing shall first ask consent of
the C ouncil to bring the matter before the C ouncil, without
arguing the merits of the matter, and the presiding officer shall
sub�it the question "Shall the requested matter not on the agenda
be considered?" to a vote, without debate. If a ma�ority of the
C ouncil does not vote in favor of its being taken up, it will not
be further discussed durin� tha.t meeting.
Aule 8. Motion to TabZe.
Since the City Council of the City of Friendswood will always
have meetin�s, the motion to table, when carried, does not
permanently defeat an ordina,nce, resolution or other measure. If
an ordinance, resolution, motior� or otY��x° �rie�sure i s tabled by a
majority vote of the City Cou.ncil, such ordina.neP, resolution, mo�ion
or other measLtre sha11 be considered always to be lyin� upon the
table and may be c�lled fron� the table at any time by a ma.�ority
vote of tre Councilmen present, and again considered.
F?ule �. Procedure to Debate.
Upon any ordira.nce, resolution or other measure bein� laid out,
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or any motion bein� made, any Councilman gresent, before there is
any debate opened on the sub�ect, may make a. parliamentary objectian
to the consideration of the subject which need not be seconded.
A'o debate shall then be permitted, and the presiding officer shall
immedia.tel�� put tYle quEStion "Sha.11 the ob,jection be sustained?"
If the ob,jec�ior� is sustained by a vote of two-thirds of the
Councilmen present (four out of five Councilmen or three out of
four Councilmen, or two out of three Councilmen) , the ordinance,
resolution, motian or other measur� is permanently defeated for
that meetin� �nd shGll not be debated (except in accordance with
Fiule 11� .
Aule 10. Closin� of Debate.
If, durin� debate upon any ordinance, resolution, motion or
other matter before the C ourcil, any member moves that the sub�ect
under discussion be put to � vote without further debate (and such
motion need not be seconded) , the presiding officer shall immediately
a.sk the C ouncil "Is there objection to proceeding to a vote on the
ordinance, resolution, �otion or ather measure before the Council
shall be taker. immediately. If any member ob�ects, the presiding
officer shall immediately and without deba�.e put the question
"Shall the subject being discussed be put to a vote without further
dEbate?" to a vote of the Cou.ncil, a.nd if two-thirds of the
Councilmen present (four out of five Councilmen, three out of four
Councilnen, or two out of three Councilmen) vote in favor of
ordering the vote, debate on the question shall be closed and a
vote on tr.e ordinance, resolution, motion or other measure taken
immediately.
Aule 11. Aeconsideration of a Subiect.
When an ordinance, resolution, motion or other measure of any
sort has been placed before the City C ouncil and defeated, the same
question shall not a�ain be considered by the City C ouncil until
a lapse of ninety (90) days.
Fule 12. C onduct of Audience.
The City C ouncil by a 2/3 vote (4: 1, �: 1, 2:1) shall have the
power to ad�udge any person in attendance at a Council meetin� in
contempt of City C ouncil for a breach of order disturbing such
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C ouncil meetin�, may order such person so offending removed from
the Council Chamber, �nd upon notice and hearing, may impose a fine
of not to exceed �100.00 upon the person for such eontempt and
order such person committed to �ail in defa.ult of the payment of
such fine, such person to remain in jaiZ until such fine be paid
or until the lapse of trree full days from the hour of confinement,
whichever shall first occur. A copy of any resolution of the City
C ouncil duly ad.judging any such person to be in contempt of the
C ouncil and reciting the circumstances of the conduct and thefine
imposed, when duly certified by the City Secretary under the seal
of the City, shall serve as an order of conmitment.
Rule 1 . 8educin� Motion to Writing.
All oral motions must be seconded before being put to vote
by the chair (except where otherwise provided in these rules) .
and upon request of any other member of the C ouncil, or Mayor,
the party makin� any such oral motion (except a motion to order
a vote on a subject being considered per Rule 10, to table, or
other such procedural matter) shall reduce the sazne to writing.
or request the City Secretary to do the same. If a motion be
made by any member of the C ouncil in writin� and filed with the
presiding officer, it shall still require a second.
Rule 14. Secretarial Procedure.
The City Secretary shall be the Secretary of the G ouncil and
shall act a�� reading and recordin� clerk to the C ouncil. By his
or her signature the Secretary shall certify the correctness of
the minutes and the journals, shall record all actions taken by
the Council, shall record the vote upon each measure when taken
by the ayes and nos, and shall perform such other duties as may
be required of the C ity Secretary by the Mayor and C ity C ounc il.
In the absence of the City Secretary, any suitable person may be
appointed by a ma�ority of the C ouncilmen to serve as Secretary
pro tem of any meeting.
The Secretary shall keep a copy of these rules in the Council
C hamber, available for reference.
Fiule 1 . Voting.
Unless otherwise specified i�i VATS or. in this ordinance.
a 11 confirmations or approvals required of the City C ouncil shall
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be made by a ma�ority vote of the members of the C ouncil present
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€ at such C ouncil meeting Unless a conflict of interest has been
' established per or�linance No. 89, all councilmen present at each
�
� meeting must vote on each sub�ect presented for council vote. If
� a tie vote occurs on any subject the Mayor must decide the issue
by his casting vote unless he also has a conflict of interest per
ordinance No. 89.
Rule 16. Citizenst Ai�ht to be Heard.
Any citizen shall have a reasonable opportunity to be heard
at any and a11 regular and speci�l meetings of the City C ouncil
in regard to any and all matters to be considered at any such
meeting; but a time shall be set aside for the C ouncil to hear the
public , and no member of the public shall be heard (unless
recognized by the presiding officer) or shall interrupt the
proceedings of the City Council by demanding to be heard. Any
citizen sha11 be entitled to visit City Hall and inspect a11 past
C ouncil meeting minutes, city audits, and the agenda to be
considered by the Council in advance of the meeting and inform
himself or herself as to the matters to be considered.
Fiule 1 . Order of Business.
Unless a�reed to otherwise by ma�ority vote of C ouneil, the
normal order of business before the City Council in any Re�ular
meetin� shall be as f ollows:
(1) The presiding officer shall call the roll and the City
Secretary shall mark the absence of the Mayor or any member of
the Council.
(2) The City Secretary shall test, and attest to the
satisfactory operation of the tape recorder, and maintain proper
functioning and tape changes as needed throughout each meeting.
(3) The C ouncil shall correct and adopt or table the minutes
of the previous meeting(s) .
(4) Communications from the Mayor shall be presented.
(j) Any bids called for at such meeting shall be opened
and read.
(6) The Council shall receive petitions and hear any member
of the public as provided in Rule 16; and any appeal or other
matter specially set for public hearin� shall then be heard by the
C i ty C ounc i 1.
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(7) The C ouncil shall then receive reports of special
committees.
(8) The C ouncil shall then receive reports of standing
committees; and reports of the various city departments.
(9) Unfinished business shall then be considered.
(10) Then the C ouncil shall consider any ordinances and/or
resolutions that are currently before them as per ordina.nce
(11) New business shall then be considered.
(12) The C ouncil shall consider, for approval, warrants
autr.orizing monies for disbursement.
1���1.�18. Order of Business for Special or Executive Meetin�.
Unless agreed to otherwise by ma�ority vote of C ouncil, the
normal order of business before the City C ouncil in any Special
or Executive meetin� shall be as follows:
(1) The presiding officer shall call the roll and the City
Secretary or dele$ated Secretary shall mark the absence of the
�ayor or any member of the Council.
(2) The City Secretary shall test, and attest to the
satisfactory operation of the tape recorder, and maintain proper
functioning and tape chan�es as needed throughout sach meetin�,
if so required by C ouncil.
(3) The presidin� officer shall state the purpose(s) of
the meeting.
(4) There shall be no business, other than that stated
above, discussed or aeted upon at such meetir_� unless specifically
voted on and a�reed to by a majority of the C ouncil, at such
meeting.
The foregoing order of business shall not be suspended except
upon a ma�ority vote of the C ouncilmen present.
Rule 1 . Suspension of 8u1es of Procedure.
Any one or all of these rule:; o�' l�r•ocedure (except Hule 4 and.
8ule 12) may Ye suspended in. order to a.11o�n7 a par�ic;ular consideration
of a. matter, provided that not less than four of the five Councilmen
vote in favor of such suspension. Where any rule embodies a
provision of State I�.t�r, identica.11y or in substance, such rule
may not be suspended. The reau3.rement of two-thirds to suspend a
rule shall not apply to Rule 17, but the order of business may be
suspended by �. ma�ority vote.
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� Hule ' 20. Bules of Procedure. � �
Section 1. Except where in conflict with any State law,
city ordinance or the rules of procedure adopted by this ordinance,
the rules of procedure laid down in Robertts Rules of Order,
75th Anniversary Edition, �hall �overn the proceed_in.�s of the
C i ty C ounc i 1.
Sectior_ 2. All orciinances and parts of ordinances in conflict
hereT�rith are hereb� e�pressly repealed to the extent of such
conflict only.
Section 3. If a.ny provision, sectiorl, subsection, sentence,
clause or phrase of this ordinance or the application of same to
a,ny persan or set of circumstances, is for any reason held to be
ur�constitutional, void, or inva.lid (or for any reason unenforceable} ,
the validity of the rema.ining portion.s of this ordinance or its
application to other persons or sets of circumstances shall rsot be
affected thereby, it being trie intent of the City Counci2 in adopt-
in� this ordinance th�.t no portion thereof or provision or regula.tion
contained therein shall become inoperative or fail by reasan of
any unconstitu�ionality or invalidity of any other portion,
provisions, or re�ulation, and to triis end, all provisions of tr:is
ordinance are declared to be severable.
ADOPTED by th e C i t�r C ounc i 1 of the C i ty of Fri endswood and .
placed in the office of the City Secretary of such city on the
day of , 19 .
PASSED AI�iD APFROVED CN F'IRST k�ADIATG �rd day of A,pril ,
19 67
P �SSED AIVD AF'�FiC�lED ON SECCND AEADING /1� day of
;
� w�.
�;r Eic.L'�, 1 g (�-,
FASSED AP1D FIP3�ALLY A�%PROVED OIv' THII3D RE;ADING, J�� d�y of
L
� � _______�, �9�!�_,__.
APPAOVED:
;�r���--��-- -=�<-�'-'�--��-^'�
�a1ph�AL. Lowe - Mayor '.._.
ATTEST:
.
. � �
"�.�'�".1� �L'�f=�2�� ,�:C,�.�.�
Artha Wri�ht - C ity ,�!�cretary
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