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HomeMy WebLinkAboutResolution No. 82-04 xr SOLi:'� �G.; :;0 . I�J1� -. �' �-- A RESOLUTIOi� ADOPTING RULES OF PpOCEDURE FOR THE CITY CGUNCIL r`EETIT�GS Or T?�E CITY OP FRIENDSWOOD, TE�AS , PURSliANT TO ALTrORITY CONTAII'dED IN ARTICLE III OF THE CHARTER OF THE CITY OF FRIFNDSla00D , TEh.AS . .,. _�. ,. ;. „ ,. BE IT RESOLVED B� THE CITY COL�CIL OF THE CITY OF FRIENDSW0�3D°, TE3iAS : , Section l . The follor:ing rules of procedure shall govern all rneetings and proceedings of the City Council of the Cityo uf rriendsw�ood, and the conduct of all members and other persons in attencance at such rneetings : P.ule 1 . rieetinas , Reat:lar and Special . (a) The Cit�� Council snall meet in the Council Chambers of the City Hall on the first and third Mondays of each month, co�mencing at 7 : 30 o ' ciock P.�i. In the event Monday falls on a Holiday the meeting for that day shall be rescheduled as deter- ;�=,�d b�� C�unc�1. Any such regular meeting may be recessed from nour to hour or acijourned from day to day by a majority vote of the menbers oi Council present at such meeting , and such recessed or adjourned meeting snall be held without further notice to any �:e�ber ; provided however , no recess to a time longer than twenty- rour hours from the hour when the 'recessed ' meeting eommenced shall be valid , and provided further that while any meeting i>>ay be adjourned from day to day, any such meeting shall be automa- tically finally adjourned upon the commencement of the next regu- lar meeting or upon the co�nencement of any duly called special meeting prior to the next regular meeting . - (b) Spec�al Pleetings of the Council shall be held on the cal� of the i•.avor or o� four (4) or more Council members . (c) Four Council �e*�bers shall constitute a quorum for tne transac�ion of business and no action of t:�e 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 r:e.-:�ers of the Council . Rule 2 . Cnairman anc Cali �o Grder . The :�'ayor , or in i-�is abs�r:e t'r:e '•:a-:o�- Pro-tem, snall preside at all �eetings of the City Co�sncil . Ii the i��ayor and the i�Iayor pro-tem are absent, any council::^an ::�a�j be appointed by the r:ayor or a �aj o�it�� of the Council to �reside . At the nour of the r.eeting the i`ayor s�all assu_-;e �he c�:�ir , call the Council to order and the Secreta�v snall call t�e rol1 . Rule 3 . Handling of Non-Agenda Subiec*s . The City Council is the sole judge of �ts o.:n arocedure and in full control of the business beiore it . i;either the Mayor, the 2•�ayor Pro-tem, nor any Council�an appointed to preside � shall have any po:aer to either recess a �ee�ing or adjourn a r::ceting , or pre�.ent tne City Cc-�nci� =�aT cons�cering 2n agenda itE� or �a} the s��e o��t tor cor.sideration exce�t ir. strict accordance with tlze Texas Open :�ee�ings Act , the City Charter , and as enacted herein. If, notwithstanding thE positive provi- sions of this rule , the presiding officer, whetner Mayor , Mayor Pro-tem or Councilman presiding, shall attenpt to prevent City Council from taking any action on any agenda item brought before it, any Council�an present �ay call for a vote of tne City Council to consider the ��atter. Rule 4. Conduct of 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 Lneeting o= Council bv such disorderly con- duct is subject to being expelled =rom suc�, meeting upon motion passed by 2/3 vote of the Council present at this meeting. Any member reprimanded by motion or ek-pelled from a meeting by motion who thereafter co�mmits another bTeach or decorous and orderly � behavior during a subsequertt �_ee�ing and a�ain cisturbs any neet- ing of the Council by such d�sorderl� conduct shall be subject to the same power of Council to reprinand him, expel him rrom the neeting or subject such memoer to complaint , investigation, and conviction of official misconduct _ Rule 5 . i:on�interruption. � -�- , . � . . Each r�ember of the City Council snall be �e�:-:itted to address the chair while eitner seated or standing , �nd after recognition shall not be interrupted cahile speaking �:ithout his consent , except by a call or order of the chair . Rule__ 6 . �andl_in� of Q_�est;ons or Order . All questions oL order shall be decided by tne presiding officer with the rignt of appeal of his decision by tne City Council , and a �rajority or the C�unci���en present �:ay overrule the decision of the chair. k�-�en the chair r�akes a ruling on a point of order and one of the Council�en sta�es "I a��eal the ruling o� the chair" , or words to such effec� , no ot�.er business shall be �ransac�ed untii the cuestion "Sr�li ��_e ru1--nc o� tne chair be sust�ined?" be vo�ed on. The pres;cing ofii�Ar shall immediately put such ques�ion te vote �•,ithou� cebate , and, if he fails to do so , i�ediately, any member o� the Ci�_ Council may put the question to a vote . Rule 7 . Procedure for Submitting Agenda Items . Any and aIl ordinances , resolutions , motions or other matters to be brought before the Cit}� Council for its consideration by the I�layor or b�� an�,° member oF tne Council shall be sub��ittec� by the Mayor or by such member of the Council to the CitS� Secretary not later than noon of the Thursday preceding tne meeting at which the same is to be considered. Tre Cit�� SecrEtary >hall - then prepare a written agenda for the �eeting , setting out the matters so subnitted to her , and shall send a copy of such agenda b�T mail or other delivery in su�ficient tine to be delivered to and received by each member of the City Council not later than 12 : 00 o ' clock noon of the Saturdav preceding that upon khich the regular u:eeting is to be held. Rule 8 . i�otion to Table. Since the City Council oi the City of Friendswooc �,�ill al- ways have meetings , the raotion to table , when carried , does not permanently defeat an ordinance , resolution or other �easure . If an ordinance, resolution, notion or other measure is tabled by a majorit}- vote of the Cit�� CoLncil , such ordinance , resolution , -3- r�otion or other r�,easure s=�all �e cor.si dered al�•:ays to be lying upon the table and may� be called �ror_: the table at any time by a ��.ajority vote of the Council�en present , and again considered. Rule 9 . Procedure to Debate. t?�n ai:y ordir�ance , resolution or other r-��a�ure �eing laid out , or any �.�otion beir.g �ade, any Co��ncilran present , oefore there is anti debate opened on the subject , may Lake a parliamen- t�rv o:,jec�ion to the cor.sideration o� tne subject ��.hicn need not be seconded. :3o debate shall t�en be per�it�ed, and the presicing ofricer shall i�ediately put the ouestion "Shall the obiect�an be sustained?" If the obiection is sustained by a �To_E o= �+:o-�~:�c� c= �:^� Counci��::e:. present (four out oi five Counci��t� e� ��re� c��r ct ro:�r Co�ncilmen) the ordinance , reso- iutior., motior_ or cther r_<easLre �.s per�anently defeated for that meeting and shall not be debated (except in accordance with Rule 11) . Rule 10. Closing of Debate. If , during debate upon any ordinance , resolution, motion or other �a�ter before the Council , any member moves that the sub- ject under discussion be put to a vote without further debate (and such motion nec�d not be seconded) , the residing officer shall immediately ask the Council "Is there objection to proceed- ing to a vote on thc ordinance , resolution, motion or other measure before the Council being taken ir-::ediately?" If any nenber , ob- jects , the presiding ofiicer shall immediately and wi�hout debate put the question "Shall t'tie subject being discussed be put to a vote without debate?" to a vote of the Counc�l , and if two- thir�s o� the Counczlmen present (iour out of five Councilmen or three out o` four Council�:en) vote in favor of ordering the vote , debate on the question shall be c�osed and a vote on the ordinance , resolution, motion or other reas�re taken imediately. Rule 11. Reconsideration of a Subject. kThen an ordinance , resolution , motion or other measure of any sort has been placed before the City Council and defeated, the same question shall not aga�n be considered by the City Council -L- until a lapse of ninety ( 90 ) days . Rule 12 . Reducing 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 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 residing officer, it shall still require a second. Rule 13 . 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 S��cretary shall certify the correctness of the minutes and thejournals , 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 , any suitable person rnay be appointed by a majority of the Councilmen to serve as Secretary pro-tem of any meeting. The Secretary shall keep a copy of these rules in the Council Chamber, available for reference. Rule 14 . Voting. Unless otherwise required by State law or the Charter 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 meeting. All Councilmen 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. The Mayor shall vate after the roll call vote of the Council. Rule 15 . Citizens ' Right to be Heard. 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 -5- �::eeti;lg , A ti�r;e shall be se* aside during each Co��ncil �eeting � for the Council to hear fro� the public . No r:e^:ber of t:�e public shall be Y;eard unless reccgnized by tne presiding officer . Any �::eTM��er of the Fublic .:'�o interrupts the Council proceedir.gs and iails to abide by these rules o£ procedure in addressing the Council shall be dee�ed guilty of disorderly conduct nnd at the direction of the Council shall be escorted from Council Cha�*�bers by the seY�eant at ar:-:s . �=.r.y citizen shall be entitled to visit City Hall and inspect a11 past Council �eeting minutes , city audits , and the agenda to be considered by the Council in advance � of the meeting anc inior� hiL:self or herself as to the �atters to be co:�s_�ered. Rule i6 . Orc�r o= Business . Unless agreed to otherwise by �ajority vote of Council , the normal order of business before the City Council in any Regular meeting shall be as follows : (�� 1:VOCGt-Oi� (2 ) T?-�e Ci�y Sec�^�t�ry 3n_l� c�i� �'�e role and mark �'�e absence �f the i�aycr or any member o� the Council. . (3) The City Secretary shall test and attest to the satis- factory operation of the tape recorder, and maintain proper functioning and tape changes as needed throughout the meeting. (L) The Council s'r�a11 correct and adopt or table the min- - utes of the previous �eeting(s) . (5) Communications from the Mayor shall be presented. (6) Reports from the members of the Council shall be pre� sented. ( 7) Any bids called for at such �eeting shall be opened and read. ( �) The Council shall receive petitions and hear any menber of the public as provided in Rule 15 ; and any appeal or other �:atter specially set ror public hearing shall then be heard by the City Council. (?) The Council shall then receive reports of special co�u?!ittees . -6- ( ��� ) The Council shall then recei-�e reports of st��ding cor;rnittees ; and reports of the various City dep�rt�::ents . ('�) Unfinished business shall then be considered . (-�� ) Then the Council shall consider any or�inances and/or resolvtior.s that are currently berore them. (��) i,ew b�:siness shall then be considered. (l�+ ) The Council shail consider , for approval , warrants authorizing monies for disburse�ent . Rule 17 . Order of Business for Saecial Meetir.gs . Ur.less agreed to otherwise by majority vote of Council , the � norrral order of bLSiness before the City Council in any Special -ieeting s::ali be as iollows : (1} Tr:e �residing officer shall ca�l the roll and the City Secretary shall mark the absence of tne Nlavor or any member of the Council. (2) The City Secretary shall test , and attest to the satis- f actory operation of the tape recorder , and maintain proper functioning and tape changes as needed throughout each meeting • _ � if so required by Council . (3) The presiding officer shail state the purpose (sZ of the meeting. (4) There shall be no business other tfian that stated above discussed or acted upon at such �eeLino unless the subject � has been duly posted in accordance with the Texas Open :��eetings Act . The foregoing order of business shall not be suspended e�- cept upon a majority vote of the Councilrien present . P.ule 18 . Suspension of Rules of Procedure. Any one or all of these rules of procedure �ay be sus�ended in order to allo�: a par*icular consideration of a matter , pro� vided that it does not violate the Texas Open 2reetings Act and not less than four Councilmen vote in favor of sucIi suspension, k'here any rule e�bodies 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 �-,a� be suspe�aed b_y a najoritv vote . -7- P.ule 19 . F.ules o� Procedure . E�:cept where in conflict with �ny State lac:, city ordinance or the rules of procedure �dopted by tnis resolution, the rules of procedure Iaid do�� in Robert ' s Ruies of Grder , 75th Anniver- sary Edition, shall go���rn t'.;e �roceedings oi tre Citv Council . ADOPT�D by t?�e City Cauncil of the City o� �rienesz�:ood on this the %�Zi� day o� %�� , 19$�,. riayor .�_i�r.ST : City Secretary -8-