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HomeMy WebLinkAboutResolution No. 88-17 . ._ � , . RESOLUTION N0 . R88-17 A RESOLUTION ADOPTING RULES OF PROCEDURE FOR THE CITY COUNCIL MEETINGS OF THE CITY OF FRIENDSWOOD , TEXAS, PURSUANT TO AUTHORITY CONTAIIJED IN ARTICLE III OF THE CHARTER OF THE CITY OF FRIEt1DSW00D , TEXAS . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS: SECTION .1.�. THE FOLL04TING RULES aF PROCEDURE SHALL GOVERN ALL P�IEETINGS AND PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , AND THE CONDUCT OF ALL t�IEMBERS AND OTHER PERSONS IN ATTENDANCE AT SUCH MEETINGS: RULE 1s, MEETINGS. REGULAR AND SPECIAL . (A) THE CITY COUNCIL SHALL MEET IN THE COUNCIL CHAMBERS OF THE CITY HALL ON THE FIRST AND THIRD MONDAYS OF EACH MONTH, COMMENCING AT 7 : 00 0 ' CLOCK P .M. I1J THE EVENT MONDAY FALLS ON A HOLIDAY, THE MEETING FOR THAT DAY SHALL BE RESCHEDULED AS DETERMINED BY COUNCIL . AP1Y MEETING OF CITY COUNCIL MAY BE RECESSED FROP4 HOUR TO HOUR OR ADJOURNED FROM DAY TO DAY BY A MAJORITY VOTE OF THE MEMBERS OF COUNCIL PRESENT AT SUCA MEETING , AND SUCH RECESSED OR ADJOURPIED 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 COMMENCEA SHALL BE VALID , AND PROVIDED FURTHER THAT WHILE ANY MEETING MAY BE ADJOURNED FROM DAY TO DAY , THEN ANY StICH MEETING SHALL BE AUTOMATICALLY FINALLY ADJOURNED UPON THE COMMENCEMENT OF THE NEXT SCHEDULED MEETING OR UPON THE COMMENCEMENT OF ANY DULY CALLED SPECIAL MEETYNG PRIOR TO THE NEXT SCHEDULED MBETING. (B) SPECIAL MEETINGS OF THE COUNCIL SHALL BE HELD ON THE SECOND MONDAY OF EACH MOtdTH COMMENCING AT 7 : 00 0 ' CLOCK P .M. OR ON THE CALL OF THE MAYOR OR OF FOUR ( 4) OR MORE COUNCIL MEMBERS . SUCH MEETINGS P�IAY BE HELD AT CITY HALL OR ANOTHER LOCATION TO BE DESIGNATED BY THE COUNCIL . ( C) FOUR COUNCIL MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS AND 2d0 ACTION OF THE COUi1CIL , EXCEPT AS PROVIDED IN SECTION 3 . 06 OF THE CHARTER, SHALL BE VALID OR 1 BINDING UNLESS ADOPTED BY THE AFFIRMATIVE VOTE OF FOUR OR MORE MEMBERS OF THE COUNCIL . RULE 2 . CHAIRMAN AND CALL TO ORDER . THE MAYOR OR IN HIS ABSENCE THE MAYOR PRO-TEM, SHALL PRESIDE AT ALL MEETINGS OF THE CITY COUIJCIL . IF THE �AYOR AND THE MAYOR PRO-TEM ARE ABSENT , ANY COUNCILMAN P�AY 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 . $i�,� 3.= HANDLING QF �D� �UBJECTS . 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 COUNCILMAN APPOINTED TO PRESIDE SHALL HAVE ANY POWER TO EITHER RECESS A MEETING OR ADJOURN A 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 COUNCILMAN PRESIDING , SHALL ATTEMPT TO PREVENT CITY COUNCIL FROM TAKING ANY ACTION ON ANY AGENDA ITEM BROUGHT BEFORE IT, ANY COUNCILMAN PRESENT MAY CALL FOR A VOTE OF THE CITY COUNCIL TO CONSIDER THE MATTER . RULE � CONDUCT � MAYOR AND COUNCILMEN. ANY MEMBER OF THE CITY COUNCIL INCLUDING THE MAYOR , WHO FAILS TO OBSERVE DECOROUS AND ORDERLY BEHAVIOR DURING A MEETING AND WHO DISTURBS SUCH MEETING OF COUNCIL OF 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 COMP9ITS ANOTHER BREACH OF DECOROUS AND ORDERLY BEHAVIOR DURING A SUBSEQUENT r1EETING 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 P4ISCONDUCT . 2 RULE � NON—INTERRUPTION. EACH MEMBER OF THE CITY COUPICIL 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 . RULE � �ANDLING � QUESTION Q� ORDER . ALL QUESTIONS OF ORDER SHALL BE DECIDED BY THE PRESIDING OFFICF.R WITH THE RIGHT OF APPEAL OF HIS DECISION BY THE CITY COUNCIL , AND A MAJORITY OF THE COUNCILMEN PRESENT MAY OVERRULE THE DECISION OF THE CHAIR . WHEN THE CHAIR MAKES RULING ON A POINT OF ORDER AtdD ONE OF THE COUNCILMEN 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"? 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 � PROCEDURE FOR SUBMITTING AGENDA �TEMS . ANY AND ALL ORDINANCES , RESOLUTIONS , MOTIONS , OR OTHER MATTERS TO BE BROUGHT BEFORE THE CITY COUIdCIL FOR ITS CONSIDERATION BY THE MAYOR OR BY ANY MEMBER OF THE COUNCIL SHALL , WHENEVER POSSIBLE , BE SUBMITTED BY THE MAYOR OR BY SUCH MEMBER OF THE COUNCIL TO THE CITY SECRETARY NOT LATER THAN P100N OF THE THURSDAY PRECEDING THE MEETING AT WHICH THE SAME IS TO BE CONSIDERED , EXCEPT EMERGENCY ITEMS . RULE $� MOTIO� T� AT BLE • SINCE THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD WILL ALWAYS HAVE MEETINGS , THE MOTION TO TABLE , WHEN CARRIED , DOES NOT PERMANENTLY DEFEAT AN ORDIPIANCE , RESOLUTION OR OTHER MEASURE . IF AN ORDINANCE , RESOLUTION, MOTION OR OTHER MEASURE IS TABLED BY A MAJORITY MOTE 0F 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 TABL� AT ANY TIME BY A MAJORITY VOTE OF THE COUNCILMEN PRESENT, AND AGAIN CONSIDERED . RULE .� PROCEDURE �Q DEBATE . UPON ANY ORDINANCE , RESOLUTION OR OTHER MEASURE BEING LAID 3 OUT , OR ANY hSOTION BEING MADE , ANY COUNCILMAN 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 SUSTAINED"? IF THE OBJECTION IS SUSTAINED BY A VOTE OF TWO—THIRDS OF THE COUNCILMEN PRESENT , THE ORDINANCE , RESOLUTION, MOTION , OR OTHER MEASURE IS PERMANENTLY DEFEATED FOR THAT MEETING AND SHALL tdOT BE DEBATED (EXCEPT IN ACCORDANCE WITH RULE 11 ) . RULE 10 • CLOSING QF �EBATE . IF , DURING DEBATE UPON ANY ORDINANCE , RESOLUTION, MOTIO� 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 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 Ir�MEDIATELY 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 COUNCILMEN 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 Ih4MEDIATELY. RULE 11 • RECONSIDERATION Q� A SUBJECT. 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 ( g0) DAYS . RULE 12 . REDUCIN� MOTION �Q WRITING . ALL ORAL MOTIONS MUST BE SECONDED BEFORE BEING PUT TO VOTE BY THE CHAIR (EXCEPT WHERE OTHERWISE PROVIDED IN THESE RULES) , AND UPOPd REQUEST OF ANY OTHER r4EMBER 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 4 SUCH PROCEDURAL MATTER) SHALL REDUCE THE SAME TO WRITING , OR REQUEST THE CITY SECRETARY TO DO THE SAP�E . IF A MOTION BE MADE BY ANY t�EMBER 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 OR HER SIGNATURE , THE SECRETARY SHALL CERTIFY THE CORRECTNESS OF THE t�INUTES 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 PERFORM SUCH OTHER DUTIES AS MAY BE REQUIRED OF THE CITY SECRETARY BY THE MAYOR AND CITY COUNCIL . IN THE ABSENCE OF THE CITY SECRETARY, AND SUITABLE PERSON MAY BE APPOINTED BY A MAJORITY OF THE COUNCIL�REN 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 CHANIBER , AVAILABLE FOR REFERENCE . RULE 1 � • VOTING . UNLESS OTHERWISE REQUIRED BY STATE LAW OR THE CHARTER OF 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 MEI�BERS OF THE COUNCIL PRESENT AT SUCH COUNCIL P�EETINGS. 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 • GITIZENS ' RIGHT � B� HEARD • ANY CITIZEN SHALL HAVE A REASONABLE OPPORTUNITY TO BE HEARD AT ANY AND ALL REGULAR AND SPECIAL MEETINGS OF THE CITY COUNCIL IiJ REGARD TO ANY AND ALL MATTERS TO BE CONSIDERED AT ANY SUCH MEETING. A TIME SHALL BE SET ASIDE DURING EACA COUNCIL MEETING FOR THE COUNCIL TO HEAR FROM THE PUBLIC . NO MEMBER OF THE PUBLIC SHALL BE HEARD UNLESS 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 5 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 . RULE 1.,� ORDER �F BUSINESS. 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) INVOCATIOtd ( 3) THE CITY SECRETARY SHALL MARK THE ABSENCE OF THE MAYOR OR ANY OTHER MEMBER OF THE COUNCIL . ( �) 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. ( 5) COMMUNICATIONS FROM THE MAYOR SHALL BE PRESENTED . ( 6 ) REPORTS FROM THE MEMBERS OF THE COUNCIL SHALL BE PRESENTED . (7) 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 . ( 8) CITY MANAGER REPORTS . � 9) ANY BIDS CALLED FOR AT SUCH MEETING SHALL BE 0 ED AND READ . ( 10) THE COUNCIL SHALL THEN RECEIVE REPORTS OF SPECIAL COMMITTEES . ( 11 ) THE COUNCIL SHALL THEPd RECEIVE REPORTS OF STANDING COMMITTEES , AND REPORTS OF THE VARIOUS CITY DEPARTMENTS . ( 12) UNFINISHED BUSINESS SHALL THEN BE CONSIDERED . ( 13) THEN THE COUNCIL SHALL CONSIDER ANY ORDINANCES At3D/OR RESOLUTIONS THAT ARE CURRENTLY BEFORE THEM. � ( 14) �EW BUSINESS SHALL THEN BE CONSIDERED . ( 15) THE COUNCIL SHALL CONSIDER , FOR APPROVAL , WARRANTS AUTHORIZING MONIES FOR DISBURSEMENT. ( 16 ) THE COUNCIL SHALL CORRECT AND ADOPT OR TABLE THE MINUTES OF THE PREVIOUS MEETING(S) . RULE 17 • ORDER QF BUSINESS FOR SPECIAL MEETINGS, UNLESS AGREED TO OTHERWISE BY MAJORITY VOTE OF COUNCIL , THE 6 NORMAL ORDER OF BUSINESS BEFORE THE CITY COUNCIL IN APdY SPECIAL MEETING SHALL BE AS FOLLOWS: � 1 ) CALL TO ORDER ( 2) INVOCATION ( 3) THE PRESIDING OFFICER SHALL CALL THE ROLL AND THE CITY SECRETARY SHALL MARK THE ABSENCE OF THE MAYOR OR ANY MEMBER OF THE COUNCIL . ( 4) THE CITY SECRETARY SHALL TEST , ArID 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 . � 5) THE PRESIDING OFFICER SHALL STATE THE PURPOSE( S) OF THE MEETING . ( 6 ) 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 . (7 ) ADJOURN MEETING THE FOREGOING ORDER OF BUSINESS SHALL NOT BE SUSPENDEll EXCEPT UPON A MAJORITY VOTE OF THE COUNCILMEN PRESENT . RULE 1..$� SUSPENSION ,�F RULES �F PROCEDURE . ANY ONE OR ALL OF THESE RULES OF PROCEDURE MAY BE SUSPENDED IN OFtDER TO ALLOW A PARTICULAR CONSIDERATION OF A MATTER , PROVIDED THAT IT DOES NOT VIOLATE THE TEXAS OPEN MEETINGS ACT AND NOT LESS THAN FOUR COUNCILMEN VOTE IN FAVOR OF SUCH SUSPENSION. WHERE ANY RULE EMBODIES A PROVISION OF STATE LAW, IDENTICALLY OR INSUBSTANCE , SUCH RULE P�IAY 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 . RULE 19 • RULES Q�F PROCEDURE . EXCEPT WHERE IN CONFLICT WITH ANY STATE LAW, CITY ORDINANCE OR THE RULES OF PROCEDURE ADOPTED BY THIS RBSOLUTION , THE RULES OF PROCEDURE LAID DOWN IN ROBERT 'S RULES OF ORDER , 75TH ANNIVERSARY EDITION, SHALL GOVERN THE PROCEEDINGS OF THE CITY COUNCIL . 7 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD ON THIS THE 5�I`� DAY OF MAY , 't'��. �3ho }9��' MAYOR PAQL W. SCHRADER ATTEST : C . , DELOR S MCKENZI CITY SECRETARY RESODISK R88-17 MM 8