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HomeMy WebLinkAboutResolution No. 91-35 RESOLUTION N0. R91-35 A RESOLUTION ADOPTING RULES OF PROCEDURE FOR THE CITY COUNCIL MEETINGS OF THE CITY OF FRIENDSWOOD , TEXAS, PURSUANT TO AUTHORITY CONTAINED IN ARTICLE III OF THE CHARTER OF THE CITY OF FRIENDSWOOD , TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS: SECTION .L,_ THE FOLLOWING RULES OF PROCEDURE SHALL GOVERN ALL MEETINGS AND PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , AND THE CONDUCT OF ALL MEMBERS AND OTHER PERSONS IN ATTENDANCE AT SUCH MEETINGS. RULE 1s �EETINGS . REGULAR AND SPECIAL• (A) THE CITY COUNCIL SHALL MEET IN THE COUNCIL CHAMBERS OF THE CITY H�LL ON THE FIRST AND THIRD MONDAYS OF EACH MONTH, COMMENCING AT 7 : 00 P.M. . IN THE EVENT MONDAY FALLS ON A HOLIDAY, THE MEETING FOR THAT DAY SHALL BE RESCHEDULED AS DETERMINED BY COUNCIL. ANY MEETING OF CITY COUNCIL MAY BE RECESSED FROM HOUR TO HOUR OR ADJOURNED FROM DAY TO DAY BY A MAJORITY VOTE OF THE MEMBERS OF COUNCIL PRESENT AT SUCH MEETING, AND SUCH RECESSED OR ADJOURNED MEETING SHALL BE HELD WITHOUT FURTHER NOTICE TO ANY MEMBER ; PROVIDED HOWEVER , NO RECESS TO A TIME LONGER THAN FORTY- EIGHT HOURS FROM THE HOUR WHEN THE "RECESSED" MEETING COMMENCED SHALL BE VALID, AND PROVIDED FURTHER THAT WHILE ANY MEETING MAY BE ADJOURNED FROM DAY TO DAY, THEN ANY SUCH MEETING SHALL BE AUTOMATICALLY FINALLY ADJOURNED UPON THE COMMENCEMENT OF THE NEXT SCHEDULED MEETING OR UPON THE COMMENCEMENT OF ANY DULY CALLED SPECIAL MEETING PRIOR TO THE NEXT SCHEDULED MEETING. 1 (B) SPECIAL MEETINGS OF THE COUNCIL SHALL BE HELD ON THE SECOND MONDAY OF EACH MONTH COMMENCING AT 7 : 00 0'CLOCK P .M. OR ON THE CALL OF THE MAYOR OR OF FOUR ( 4) OR MORE COUNCILMEMBERS. THIS MEETING WILL BE DESIGNATED A "WORKSHOP" SESSION AND NO FORMAL VOTES WILL BE TAKEN FOR THE CONSIDERATION OF AGENDA ITEMS. ( C) OTHER SPECIAL MEETINGS SHALL BE HELD ON THE CALL OF THE MAYOR OR OF FOUR ( 4) OR MORE COUNCILMEMBERS. THE AGENDA FOR SUCH MEETINGS SHALL BE ESTABLISHED AT THE DISCRETION OF THOSE CALLING THE MEETING. (D) SPECIAL MEETINGS MAY BE HELD AT CITY HALL OR ANOTHER LOCATION TO BE DESIGNATED BY THE COUNCIL . (E) FOUR COUNCILMEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS AND NO ACTION OF THE COUNCIL , EXCEPT AS PROVIDED IN SECTION 3. 06 OF THE CHARTER, SHALL BE VALID OR BINDING UNLESS ADOPTED BY THE AFFIRMATIVE VOTE OF FOUR OR MORE MEMBERS OF THE COUNCIL. RULE � CHAIRMAN A�jD CALL TQ ORDER• THE MAYOR OR IN HIS ABSENCE THE MAYOR PRO-TEM, SHALL PRESIDE AT ALL MEETINGS OF THE CITY COUNCIL. IF THE MAYOR AND THE MAYOR PRO-TEM ARE ABSENT , ANY COUNCILMEMBER MAY BE APPOINTED BY THE MAYOR OR A MAJORITY OF THE COUNCIL TO PRESIDE. AT THE HOUR OF THE MEETING, THE MAYOR SHALL ASSUME THE CHAIR , CALL THE COUNCIL TO ORDER , AND THE CITY SECRETARY SHALL CALL THE ROLL. $ULE ,3„� HANDLING 0� AGENDA SUBJECTS. THE CITY COUNCIL IS THE SOLE JUDGE OF ITS OWN PROCEDURE AND IN FULL CONTROL OF THE BUSINESS BEFORE IT . NEITHER THE MAYOR , THE MAYOR PRO-TEM, NOR ANY COUNCILMEMBER APPOINTED TO PRESIDE SHALL HAVE ANY POWER TO EITHER RECESS A MEETING OR ADJOURN A 2 MEETING, OR PREVENT THE CITY COUNCIL FROM CONSIDERING AN AGENDA ITEM OR LAY THE SAME OUT FOR CONSIDERATION EXCEPT IN STRICT ACCORDANCE WITH TEXAS OPEN MEETINGS ACT , THE CITY CHARTER , AND AS ENACTED HEREIN. IF, NOTWITHSTANDING THE POSITIVE PROVISIONS OF THIS RULE , THE PRESIDING OFFICE , WHETHER MAYOR, MAYOR PRO-TEM, OR COUNCILMEMBER PRESIDING, SHALL ATTEMPT TO PREVENT CITY COUNCIL FROM TAKING ANY ACTION ON ANY AGENDA ITEM BROUGHT BEFORE IT, ANY COUNCILMEMBER PRESENT MAY CALL FOR A VOTE OF THE CITY COUNCIL TO CONSIDER THE MATTER . RULE � CONDUCT Q� MAYOR AND COUNCI�MEMBERS• ANY MEMBER OF THE CITY COUNCIL INCLUDING THE MAYOR , WHO FAILS TO OBSERVE DECOROUS AND ORDERLY BEHAVIOR DURING A MEETING OR WHO DISTURBS SUCH MEETING OF COUNCIL WITH SUCH DISORDERLY CONDUCT IS SUBJECT TO BEING EXPELLED FROM SUCH MEETING UPON MOTION PASSED BY 2/3 VOTE OF THE COUNCIL PRESENT AT THIS MEETING. ANY MEMBER REPRIMANDED BY MOTION OR EXPELLED FROM A MEETING BY MOTION 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 SUBJECT TO THE SAME POWER OF COUNCIL TO REPRIMAND HIM, EXPEL HIM FROM THE MEETING, OR SUBJECT SUCH MEMBER TO COMPLAINT, INVESTIGATION, AND CONVICTION OF OFFICIAL MISCONDUCT. �ULE � NON-INTERRUPTION. 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 SPEAKING WITHOUT HIS CONSENT, EXCEPT BY A CALL/OR ORDER OF THE CHAIR . 3 $ULE � HANDLING Q� QUESTION Q� ORDER . ALL QUESTIONS OF ORDER SHALL BE DECIDED BY THE PRESIDING OFFICER WITH THE RIGHT OF APPEAL OF HIS DECISION BY THE CITY COUNCIL , AND A MAJORITY OF THE COUNCILMEMBERS PRESENT MAY OVERRULE THE DECISION OF THE CHAIR . WHEN THE CHAIR MAKES A RULING ON A POINT OF ORDER AND ONE OF THE COUNCILMEMBERS STATES "I APPEAL THE RULING OF THE CHAIR" , OR WORDS TO SUCH EFFECT, NO OTHER BUSINESS SHALL BE TRANSACTED UNTIL THE QUESTION, "SHALL THE RULING OF THE CHAIR BE SUSTAINED"? IS 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 � PROCEDURE FOR SUBMI��NG AGENDA �TEMS• ANY AND ALL ORDINANCES, RESOLUTIONS OR OTHER MATTERS, INCLUDING ALL WRITTEN DATA , EXCEPT EMERGENCY ITEMS, TO BE BROUGHT BEFORE THE CITY COUNCIL FOR ITS CONSIDERATION BY THE MAYOR OR BY ANY MEMBER OF THE COUNCIL SHALL BE SUBMITTED TO THE CITY SECRETARY NOT LATER THAN NOON OF THE THURSDAY PRECEDING THE MEETING AT WHICH THE SAME IS TO BE CONSIDERED . EXCEPTIONS FROM THIS RULE ARE RECOMMENDATIONS FROM PLANNING AND ZONING COMMISSION. PLANNING AND ZONING COMMISSION SHALL NOTIFY THE CITY SECRETARY OF PROPOSED RECOMMENDATIONS FOR THE AGENDA NO LATER THAN NOON OF THE THURSDAY PRECEDING THE MEETING AT WHICH THE SAME IS TO BE CONSIDERED . THE WRITTEN RECOMMENDATION SHALL BE DELIVERED TO THE CITY SECRETARY NO LATER THAN NOON ON FRIDAY FOR PLACEMENT IN COUNCIL AGENDA PACKETS. 4 RULE 8 . MOTION TO TABLE. SINCE THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD WILL ALWAYS HAVE MEETINGS , THE MOTION TO TABLE , WHEN CARRIED , DOES NOT PERMANENTLY DEFEAT AN ORDINANCE, RESOLUTION OR OTHER MEASURE. IF AN ORDINANCE, RESOLUTION, MOTION OR OTHER MEASURE IS TABLED BY A MAJORITY VOTE OF THE CITY COUNCIL , SUCH ORDINANCE, RESOLUTION, MOTION, OR OTHER MEASURE SHALL BE CONSIDERED ALWAYS TO BE LYING UPON THE TABLE AND MAY BE CALLED FROM THE TABLE AT ANY TIME BY A MAJORITY VOTE OF THE COUNCILMEMBERS PRESENT, AND AGAIN CONSIDERED . RULE Q: PROCEDURE �Q �EBATE. UPON ANY ORDINANCE, RESOLUTION OR OTHER MEASURE BEING LAID OUT , OR ANY MOTION BEING MADE, ANY COUNCILMEMBER PRESENT, BEFORE THERE IS ANY DEBATE OPENED ON THE SUBJECT, MAY MAKE A PARLIAMENTARY OBJECTION TO THE CONSIDERATION OF THE SUBJECT WHICH NEED NOT BE SECONDED. NO DEBATE SHALL THEN BE PERMITTED , AND THE PRESIDING OFFICER SHALL IMMEDIATELY PUT THE QUESTION, "SHALL THE OBJECTION BE SUSTAIN"? IF THE OBJECTION IS SUSTAINED BY A VOTE OF TWO-THIRDS OF THE COUNCILMEMBERS PRESENT, THE ORDINANCE, RESOLUTION, MOTION, OR OTHER MEASURE IS PERMANENTLY DEFEATED FOR THAT MEETING AND SHALL NOT BE DEBATED (EXCEPT IN ACCORDANCE WITH RULE 11 ) . RULE 10• CLOSING QF DEBATE. IF, DURING DEBATE UPON ANY ORDINANCE, RESOLUTION, MOTION OR OTHER MATTER BEFORE THE COUNCIL , ANY MEMBER MOVES THAT THE SUBJECT UNDER DISCUSSION BE PUT TO A VOTE WITHOUT FURTHER DEBATE (AND SUCH A MOTION NEED NOT BE SECONDED) , THE PRESIDING OFFICER SHALL IMMEDIATELY ASK THE COUNCIL , "IS THERE ANY OBJECTION TO 5 PROCEEDING TO A VOTE ON THE ORDINANCE, RESOLUTION, MOTION, OR OTHER MEASURE BEFORE THE COUNCIL BEING TAKEN IMMEDIATELY"? IF ANY MEMBER OBJECTS, THE PRESIDING OFFICER SHALL IMMEDIATELY AND WITHOUT DEBATE PUT THE QUESTION, "SHALL THE SUBJECT BEING DISCUSSED BE PUT TO A VOTE WITHOUT DEBATE"? TO A VOTE OF THE COUNCIL , AND IF TWO THIRDS OF THE COUNCILMEMBERS PRESENT VOTE IN FAVOR OF ORDERING THE VOTE, DEBATE ON THE QUESTION SHALL BE CLOSED AND A VOTE ON THE ORDINANCE , RESOLUTION, MOTION OR OTHER MEASURE TAKEN IMMEDIATELY. RULE 11 • RECONSIDERATION 0� � SOBJ�CT . WHEN AN ORDINANCE, RESOLUTION, MOTION, OR OTHER MEASURE OF ANY SORT HAS BEEN PLACED BEFORE THE CITY COUNCIL AND DEFEATED. THE SAME QUESTION SHALL NOT AGAIN BE CONSIDERED BY THE CITY COUNCIL UNTIL A LAPSE OF NINETY ( 90) DAYS. RULE �L REDUCING MOTION �0 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 COUNCIL , OR MAYOR, THE PARTY MAKING 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 SAME TO WRITING, OR REQUEST THE CITY SECRETARY TO DO THE SAME. IF A MOTION BE MADE BY ANY MEMBER OF THE COUNCIL IN WRITING AND FILED WITH THE PRESIDING OFFICER , IT SHALL STILL REQUIRE A SECOND. RULE 1�• SECRETARIAL PROCEDURE• THE CITY SECRETARY SHALL BE THE SECRETARY OF THE COUNCIL AND SHALL ACT AS READING AND RECORDING CLERK TO THE COUNCIL. BY HIS 6 OR HER SIGNATURE, THE SECRETARY SHALL CERTIFY THE CORRECTNESS OF THE MINUTES AND JOURNALS, SHALL RECORD ALL ACTIONS TAKEN BY THE COUNCIL , SHALL RECORD THE VOTE UPON EACH MEASURE WHEN TAKEN BY THE AYES AND NAYS, AND SHALL SCHEDULE AND PLACE ON COUNCIL AGENDAS, PUBLIC HEARINGS AT THE EARLIEST PRACTICABLE DATES AND SHALL PERFORM SUCH OTHER DUTIES AS MAY BE REQUIRED OF THE CITY SECRETARY BY THE MAYOR AND THE CITY COUNCIL . IN THE ABSENCE OF THE CITY SECRETARY, ANY SUITABLE PERSON MAY BE APPOINTED BY A MAJORITY OF THE COUNCILMEMBERS TO SERVE AS SECRETARY PRO-TEM OF ANY MEETING. THE CITY SECRETARY SHALL KEEP A COPY OF THESE RULES AND THE CHARTER IN THE COUNCIL CHAMBER , AVAILABLE FOR REFERENCE. RULE 14 • VOTING. UNLESS OTHERWISE REQUIRED BY STATE LAW OR THE CHARTER OR ORDINANCES OF THE CITY OF FRIENDSWOOD OR THIS RESOLUTION, ALL ACTION REQUIRED OF THE CITY COUNCIL SHALL BE MADE BY A MAJORITY VOTE OF THE MEMBERS OF THE COUNCIL PRESENT AT SUCH COUNCIL MEETINGS . EXCLUDING CONFLICTS OF INTEREST, AS ALLOWED BY STATE LAW OR BY VOTE OF CITY COUNCIL , ALL COUNCIL PRESENT AT EACH MEETING MUST VOTE ON EACH SUBJECT PRESENTED FOR COUNCIL VOTE. ALL VOTES MUST BE TAKEN IN ACCORDANCE WITH SECTION 3. 10 , ARTICLE III , OF THE CITY CHARTER. RULE 15• CITIZENSt RIGHT TQ � H�ARD• ANY CITIZEN SHALL HAVE A REASONABLE OPPORTUNITY TO BE HEARD AT ANY AND ALL REGULAR AND SPECIAL MEETINGS OF THE CITY COUNCIL IN REGARD TO ANY AND ALL MATTERS TO BE CONSIDERED AT ANY SUCH MEETING. A TIME SHALL BE SET ASIDE DURING EACH COUNCIL MEETING FOR THE COUNCIL TO HEAR FROM THE PUBLIC . NO MEMBER OF THE PUBLIC 7 SHALL BE HEARD UNTIL RECOGNIZED BY THE PRESIDING OFFICER . ANY MEMBER OF THE PUBLIC WHO INTERRUPTS THE COUNCIL PROCEEDINGS AND FAILS TO ABIDE BY THESE RULES OF PROCEDURE IN ADDRESSING THE COUNCIL SHALL BE DEEMED GUILTY OF DISORDERLY CONDUCT AND AT THE DIRECTION OF THE COUNCIL , SHALL BE ESCORTED FROM COUNCIL CHAMBERS BY THE SERGEANT AT ARMS OR AGENT ACCEPTABLE BY CITY COUNCIL. ANY CITIZEN SHALL BE ENTITLED TO VISIT CITY HALL, DURING REGULAR BUSINESS HOURS, AND INSPECT ALL PAST COUNCIL 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 . R U L E 1�. Q.�p.�$ Q� �j,S�.N E S S• UNLESS AGREED TO OTHERWISE BY MAJORITY VOTE OF COUNCIL , THE NORMAL ORDER OF BUSINESS BEFORE THE CITY COUNCIL IN ANY REGULAR MEETING SHALL BE AS FOLLOWS: ( 1 ) CALL TO ORDER. (2) INVOCATION. ( 3 PLEDGE OF ALLEGIANCE. ( 4) THE CITY SECRETARY SHALL MARK THE ABSENCE OF THE MAYOR OR ANY OTHER MEMBER OF COUNCIL. � 5) 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 THE MEETING. ( 6) COMMUNICATIONS FROM THE MAYOR SHALL BE PRESENTED . (7) REPORTS FROM THE MEMBERS OF THE COUNCIL SHALL BE PRESENTED. ( 8) THE COUNCIL SHALL RECEIVE PETITIONS AND HEAR ANY MEMBER OF THE PUBLIC AS PROVIDED IN RULE 15, AND ANY APPEAL OR OTHER MATTER SPECIALLY SET FOR PUBLIC HEARING SHALL THEN BE HEARD BY THE CITY COUNCIL AND RECEIVE REPORTS OF SPECIAL AND STANDING COMMITTEES. 8 � 9) CITY MANAGER REPORTS. ( 10) THE COUNCIL SHALL THEN RECEIVE REPORTS OF THE VARIOUS CITY DEPARTMENTS. ( 11 ) UNFINISHED BUSINESS SHALL THEN BE CONSIDERED . ( 12) NEW BUSINESS SHALL THEN BE CONSIDERED . ( 13) THEN THE COUNCIL SHALL CONSIDER ANY ORDINANCES AND/OR RESOLUTIONS THAT ARE CURRENTLY BEFORE THEM. ( 1�) CONSENT AGENDA : A. WARRANTS. B. BIDS. C . APPOINTMENTS. D. MATTERS ROUTINE IN NATURE. E . MINUTES. RULE 17 • QRDER ,Q� BUSINESS FOR SPECIAL MEETINGS. UNLESS AGREED TO OTHERWISE BY MAJORITY VOTE OF COUNCIL, THE NORMAL ORDER OF BUSINESS BEFORE THE CITY COUNCIL IN ANY SPECIAL MEETING SHALL BE AS FOLLOWS : ( 1 ) CALL TO ORDER. ( 2) INVOCATION. ( 3) PLEDGE OF ALLEGIANCE. ( 4) THE PRESIDING OFFICER SHALL CALL THE ROLL AND THE CITY SECRETARY SHALL MARK THE ABSENCE OF THE MAYOR OR ANY OTHER MEMBER OF THE COUNCIL . � 5) 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 IF SO REQUIRED BY COUNCIL. ( 6) THE PRESIDING OFFICER SHALL STATE THE PURPOSE(S) OF THE MEETING. (7) THERE SHALL BE NO BUSINESS OTHER THAN THAT STATED ABOVE DISCUSSED OR ACTED UPON AT SUCH MEETING UNLESS THE SUBJECT HAS BEEN DULY POSTED IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT. ( 8) ADJOURN MEETING. THE FOREGOING ORDER OF BUSINESS SHALL NOT BE SUSPENDED 9 EXCEPT UPON A MAJORITY VOTE OF THE COUNCILMEMBERS PRESENT. RULE 18 . SUSPENSION OF RULES 0� PROCEDURE. ANY ONE OR ALL OF THESE RULES OF PROCEDURE MAY BE SUSPENDED IN ORDER TO ALLOW A PARTICULAR CONSIDERATION OF A MATTER, PROVIDED THAT IT DOES NOT VIOLATE THE STATE LAW/HOME RULE CHARTER AND NOT LESS THAN TWO-THIRDS COUNCILMEMBERS VOTE IN FAVOR OF SUCH SUSPENSION. WHERE ANY RULE EMBODIES A PROVISION OF STATE LAW, IDENTICALLY OR IN SUBSTANCE, SUCH RULE MAY NOT BE SUSPENDED. THE REQUIREMENT OF TWO THIRDS TO SUSPEND A RULE SHALL NOT APPLY TO RULES 16 AND 17 , BUT THE ORDER OF BUSINESS MAY BE SUSPENDED BY A MAJORITY VOTE. R U L E 14� ��� � ������_ EXCEPT WHERE IN CONFLICT WITH ANY STATE LAW, CITY ORDINANCE OR THE RULES OF PROCEDURE ADOPTED BY THIS RESOLUTION, THE RULES OF PROCEDURE LAID DOWN IN ROBERT�S RULES OF ORDER , 75TH ANNIVERSARY EDITION, SHALL GOVERN THE PROCEEDINGS OF THE CITY COUNCIL. PASSED , APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS ON THIS THE 1ST DAY OF JULY, 1991 . AYOR PAUL W. SCHRADER ATTEST: D LO IS ARCHER , CMC CITY SECRETARY 10