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HomeMy WebLinkAboutCity Council Resolutions (R-88-387)-08/18/1988 RESOLUTION R-88-387 A RESOLUTION ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS PURSUANT TO AUTHORITY GRANTED IN SECTION 3.09B OF THE CITY CHARTER, ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Charter authorizes the City Council to order of business; and of the City determine its of Colleyville own rules and WHEREAS, the City Council has been elected by the Public to represent all the citizens on their behalf; and WHEREAS, orderly Council meetings Council and citizen input foster good democratic process; and providing government reasonable honor the WHEREAS, unlimited discussion and input can project a perspective inconsistent with the majority will and beyond the right of the minority regarding matters of public policy; and WHEREAS, Public input and comment was obtained by public hearing prior to the passage hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COLLEYVILLE, THAT SECTION I. AUTHORITY Section 3.09B of the Charter of the City of Colleyville provides that lithe Council shall determine its own rules and order of business...". Further, Section 2.01 of such Charter provides that the City "may exercise all powers that are now or hereafter may be granted to municipalities by the Constitution or the laws of the State of Texas". In order to provide the framework for the execution of these powers and authority the following set of rules shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. Page 1 SECTION II. GENERAL RULES 2. 1 Meetinqs to be Pub I ic. All meetings of the ci ty Council shall be open to the public. 2.2 Quorum. Four members of the City Council shall constitute a quorum. 2.3 Minutes of Meetinqs. An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the City Council. 2.4 Questions to Contain One Subiect. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any Council member ("member" hereafter) may require a division, if the question reasonably admits of a division. Division shall be required only on the affirmative vote of three (3) members. If no division is so requested and approved, or if the questions do not reasonably admit of a division, the question shall be submitted as originally framed. 2.5 citv Manaqer. The City Manager shall attend all City Council meetings unless expressly excused. He may make recommendations to the City Council and take part in all discussions of the Council, but shall have no vote. 2.6 city Attorney. The City Attorney shall attend all regular meetings of the City Council unless expressly excused and shall upon request give an opinion, either written or oral, on questions of law. The City Attorney shall act as the City Council's Parliamentarian. 2.7 city Secretary. The City Secretary shall attend all meetings of the City Council unless expressly excused, and shall keep the official minutes and perform such other duties as may be , requested by the Council. 2.8 Officers and Employees. Any officer or employee of the ci ty , when requested by the City Manager or the City Council, shall attend any meeting of the City Council. If requested to do so by the City Manager, such officer or employee may present information relating to matters before the City Council. Page 2 2.9 Rules of Order. Roberts Rules of Order Revised shall govern the proceedings of the City Council in all cases unless they are in conflict with these rules. The commonly used procedures identified in Exhibit "A" attached hereto shall be honored. 2.10 Suspension of Rules. Any provisions of these rules not governed by State law, the City Charter, or City Code may be temporarily suspended by a majority vote of all members present and voting. SECTION III. TYPES OF MEETINGS 3.1 Reqular Meetinqs. The City Council shall meet in the City Hall on the first and third Tuesday of each month at 7:30 p.m. unless otherwise officially established by the City Council. The call for and conduct of all meetings of the City Council, both regular and special as provided in Section 3.2 hereof shall be in accordance with Article 6252-17, Vernon's Annotated civil Statutes, known as the Texas Open Meeting Act. 3.2 Special Meetinqs. Special meetings may be called by the Mayor or any three (3) members. The call for a special meeting shall be documented and filed with the City Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. T~e call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subj ect or subj ects to be considered. No special meeting shall be held until at least two (2) hours after the call is issued and the notice thereof is posted. 3.3 Recessed Meetings. Any meeting of the City Council may be recessed to a later time provided that no recess shall be for a longer period than until the next regularly scheduled City Council meeting. 3.4 Workshop Meetinqs. Workshop meetings may be called by the Mayor or any three (3) Council members for the purpose of discussing in depth, investigating or exploring matters of interest to the City, without formal action being taken thereon by the City Council. The time, place and purpose of such workshop meeting shall be stated in a notice complying with the Page 3 Texas Open Meeting Act. Such workshop meetings may be held in any appropriate location outside the City Hall upon concurrence by any three (3) members. Such workshop meetings may include, but shall not be limited to, meetings with neighboring governmental bodies or agencies, meetings with one of the City's appointed Boards or Committees, meeting with civic organizations or a meeting for members to research, evaluate, explore, investigate or discuss any matter of interest or possible action affecting the City, subject to compliance with the provisions of the Texas Open Meeting Act. The City Council may establ ish regular workshop meetings immediately prior to regular Tuesday meetings. No official action shall be taken at any workshop meeting, unless a regular or special meeting is called as provided for in these Rules. SECTION IV. CONDUCT OF MEETINGS 4.1 preside absence absence elect a presidinq officer. The Mayor, if present, shall as Chairman at all meetings of the Council. In the of the Mayor, the Mayor Pro Tern shall preside. In the of both Mayor and Mayor Pro Tern, the City Council shall Chairman. 4.2 Call to Order. The meetings of the City Council shall be called to order by the Mayor, or in his absence, by the Mayor Pro Tern. In the absence of both Mayor and Mayor Pro Tern, the meeting shall be called to order by the City Secretary~ 4.3 Preservation of Order. The Chairman shall preserve order and decorum, prevent clash of personalities or the impugning of members' motives to occur and confine members in debate to the question under discussion. 4.4 Points of Order. The Chairman shall determine all points of order, subject to the right of any member to appeal to the City Council. If any appeal is taken, the question shall be, "Shall the decision of the Chairman be sustained?" 4.5 Questions to be Stated. The Chairman shall state all questions submitted for a vote and announce the result. 4.6 Substitution for Chairman. The Chairman may call the Mayor Pro Tem, or in his absence, any other member to take his place in the chair, such substitutions not to continue beyond adjournment. Page 4 SECTION V. AGENDA 5.1 Preparation of Aqenda. A. The order of business of each meeting shall be as contained in the City Council agenda prepared by the City Manager. The agenda shall be a listing by topic of subjects to be considered by the City Council, and, in the case of regular meetings, shall be delivered to members of the City Council each Friday preceding the Tuesday evening meeting to which it pertains. B. Any member desiring to present a subject for City Council consideration shall advise the City Secretary's office of the fact not later than 4: 30 p. m. on Wednesday preceding regular City Council meetings. C. Items Omitted from Aqenda. Any item not appearing on the agenda shall not be taken up for discussion as a matter of Council business during a regular meeting unless it is of an emergency nature and comes to the City's attention to late to appear on the agenda. Such special, urgent or emergency issues shall be posted in compliance with the Texas Open Meeting Act and the City Charter and may be added as a supplemental item to the regular agenda. D. Any member of the City staff desiring to have an item placed on the agenda shall submit the same to the City Manager's office for approval. The City Manager may establish procedures for submission of routine items without his approval. E. In arranging the agenda, the City Manager shall consider those items affecting the largest number of citizens likely to attend and shall recognize the need to serve citizens in attendance as soon as possible. To facilitate this concern the following guidelines shall be used for the preparation of the agenda, with the provision that the agenda arrangement may be modified from time to time where practical considerations indicate. During any meeting of the City Council, the order of the agenda may, by maj ori ty will, be rearranged as needed or desired to accomplish the meeting's purpose. 1. Call to Order Page 5 2. Pledge of Allegiance 3. Invocation 4. Approval of Minutes of previous meeting(s) 5. Consent Items 6. Public Hearings 7. Action Items (generally, old business first, new business second) 8. Reports of Advisory Boards and Commissions 9. Items from Council not Requiring Action 10. Staff Reports 11. citizen Comments/Presentation Regarding Items not on Agenda 12. Announcements 13. General Resolution Approving Council Action not otherwise Approved by Specific Ordinance or Resolution 14. Adjournment F. The City Manager shall provide the city Council with a written analysis of and recommendation of items to be acted on by the City Council at its meetings. These communications shall be generally referred to as agenda packets. The agenda packets for all regular meetings shall be completed by the staff on Thursday preceding the regular meetings and shall be delivered to members each Friday preceding the Tuesday regular meeting to which it pertains, unless an emergency condition makes it necessary to deliver the communication on a subsequent day. G. The City Secretary shall issue to the pertinent members of the news media a copy of the agenda in advance of the Tuesday regular meetings with due consideration being given to the desire of the Council for notice and such public news media of Council meetings on or before the day before the scheduled meeting. The City Secretary shall post notices of all Council meetings in order to afford compliance with the Texas Open Meeting Act. Page 6 5.2 Consent Aqenda. In preparing the agenda, the Ci ty Manager shall give consideration to the number and degree of complexity of items to be considered by the City Council for the purpose of conserving the Council's time in meetings. Items which are anticipated to be routine and require little or no consideration by the Council shall be designated by an asterisk, and shall be considered as a part of the "Consent Agenda." Prior to taking up the Consent Agenda, the Mayor shall determine if there are any items thereon which should be removed from the Consent Agenda for discussion. Any Council member may, upon request, remove any item from the Consent Agenda for discussion and individual action. Thereafter, all remaining Consent Agenda items may be acted upon by a single motion approving the Consent Agenda. 5.3 Oral Presentations bv city Manaqer. Matters requiring the Council's attention or action which may have developed since the deadline for delivery of the agenda packets may, upon approval of the City Council, and after satisfying the requirements of the Open Meetings Act, be presented orally by the City Manager. 5.4 citizen Presentations. A. Any person desiring to present a subject for City Council consideration shall advise the City Manager's office of the fact not later than 4: 30 p. m., on Tuesday preceding the meeting at which he wishes to have the subj ect to be considered. Said person shall make himself available for a conference with the City Manager at the Manager's request at some time prior to said Council meeting. B. At the end of each agenda any person who has not been listed on the agenda as provided under 5.4 A above, but who desires to speak at a Council meeting will be recognized by the Mayor and allowed to speak provided said person completes a form furnished in~iring as to name, address and topic prior to commencement of the meeting. C. Presentation by citizens shall be limited to a time period of not more than three (3) minutes for each speaker. Any time spent by the citizen in responding to direct questions by City Council members will not be counted against the citizen's time allotment. D. These rules shall not apply to anyone appearing at a public hearing in response to official notice. Page 7 5.5 citizen Participation at Meetings. A. citizens wishing to speak in connection with any matter not encompassed in Section 5.4 above, including but not limited to, public hearings on ordinances and resolutions, shall be allowed to speak provided prior to the consideration of the item said person completes and delivers to the City Secretary a form furnished inquiring as to name, address and topic. A person who has not completed such a form prior to discussing of the item on the agenda shall not be allowed to speak. B. To maintain decorum the presiding officer shall recognize persons who have completed forms indicating a desire to address the Council. C. As a general rule, citizens may not participate in discussions of the Council except when recognized by the presiding officer and during citizen presentations, public hearings and as otherwise provided for in these rules. SECTION VI. DECORUM AND DEBATE 6.1 When a measure is presented for consideration to the Council, the presiding officer shall recognize the appropriate Councilmember to present the case. When two or more members wish to speak, the presiding officer shall name the member who is to speak first. No member to the Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No Councilmember shall speak more than five minutes on any amendment to the question except as further provided in this section. 6.2 No member shall speak more than the time 1 imi ts provided herein on any subject or amendment, and such member may use his/her time in any combination, in separate speech or comments totaling the number of minutes permitted. The Mayor shall not be obligated to recognize any Councilmember for a second comment on the subject or amendment until every Councilmember wishing to speak has been allowed a first comment. Councilmembers shall also have the right to yield a portion of time to another member. 6.3 Any member deciding to speak more than ten minutes on any question or more than five minutes on any amendment to the question shall be accorded the privilege unless there is an Page 8 obj ection supported by two-thirds of the Council. No member shall be permitted to interrupt while another member is speaking. 6.4 Riqht of Floor. Any member desiring to speak shall be recognized by the Chairman, and shall confine his remarks to the subject under discussion or to be discussed. No member shall be allowed to speak more than once on anyone subject until every member wishing to speak shall have spoken. 6.5 No Councilmember shall be permitted to indulge in personalities, use language personally offensive, impugn motives of members, charge deliberate misrepresentation, or use language tending to hold a member of the City Council, the public or City staff up to contempt. 6.6 Likewise, the Presiding Officer shall not permit unrecognized speaker's comments or allow a member of the audience to indulge in personalities, use language personally offensive, arraign motives of members, charge deliberate misrepresentation, or use language tending to hold a member of the City Council, the public or City staff up to contempt. 6.7 If a member is speaking or otherwise transgressing the rules of the Council, the presiding off icer shall or any Councilmember may call him/her to order in which case he/she shall immediately be quiet unless permi tted to explain. The council shall, if appealed to, decide the case without debate. If the decision is in favor of the member called to order, he/she shall be at liberty to proceed, but not otherwise, and if the case occurs he/she shall be liable to censure or such punishment as the Council deem proper consistent 'with City Ordinances and Charter. 6.8 Any member of the public who shall disrupt the Council proceedings or disregard the Presiding Officer shall first be warned of such offense and be requested that they refrain from disrupting the proceedings and/or disregarding the instructions of the chair. Any member of the public failing to honor the first warning for the chair for order, shall receive a second and final warning prior to expulsion and/or citation for disturbing a public meeting pursuant to Section 42.05 of the Texas Penal Code, Disrupting Meeting or Procession (a Class "B" Misdemeanor). Where the chair fails to maintain order and decorum, the Councilmembers may compel the chair to enforce this provision following due parliamentary procedure which affirms such compulsion by a majority vote of the Councilmembers. Page 9 SECTION VII. REPEAL This Resolution repeals previous Rules of Procedyr~" and becomes effective after the meeting ado~ting Resolu/1:-:ion ;{ -J:f ,J..}.,/' 1988. PASSED AND ADOPTED this the / f "clay of C/&<! (LJ- , ATTEST: ~ L;t~- City Secretary ~ CITY OF COLLEYVILLE Matdrub~ Mayor ZD AS TO FORM..AND LEGALITY: [ lmL ~. Ross T. 'Foster City Attorney Page 10 I - EXIHUlT A. n[SOLUllON .I? - S'P'- Jf7 ..... IlASIC CIIAIH OF MOTIONS I.... RECON- INTER- SECOrW DEUATE A"'ENO VOTE SlUEk nUPIS PRIVILEGED MOTIONS(high privilege motions) Fix a time to which to adjourn................ Adjourn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Raise a question of privilege................. Call for orders 0 f tile day.................... (Takes a 213 lIegative vote to prevellt returll) suns IDIARY MOTI ONS(iI ss i s tiny 1110 t ions) Lay of the tdble.............................. Previous question (close debate).............. Limit or extend debate........................ Postpone to a set tiu~ (definite)............. (To make Special Order 213 vote) Cou.f1it (refer to a cOlluuittee)................. Alllend........................................ . Postpone indefinitely......................... MAIN [or Principal] MOTION OR RESOLUTION Note: The above Illations hold the rank indicated with the lIIi1in motion lowest in rilnk. RESTORATORY MOTIONS (lIIain motions) Reconsider (the vote)......................... Resc i lid (repea 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RiI t i fy( approve). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Take fl'OIll the table........................... S S $ S S S S D S ,. .... u o D s S $ c J D" o D s A M M M Ch. Ch. A M 213 213 A M A M A-a" M M A A ~I 1. P. 213" I{-n M I{-n M R I. S. 1. S. R" R It It It f(-iI I '- I , L.. L "J.P." indicates may interrupt a proceeding and usually a speaker with consent (*) indicates there are one or more exceptions but these can be considered minor as basically the rule indicated applies. (--) indicates a "no" under that particular heading. "Ch." Chair decides or rules Any Councilmember may call for the question on any issue. and upon secondi ng by another Counc il member t the issue sha 11 immedi ate ly be put to vote. Thi s shall be done by the member calling for the previous question. Passage of the motion to address the previous question shall terminate debate on the motion. amendment or amend motion. and the matter shall be acted on immediately. The Council may agree to 1 imit debate on any business before it. That agreement may be formalized by a majority vote of the Council. The presiding officer shall not entertain any dilatory motions. indic~tes a second is required indicates debatable indic~tes amendable under Alllend indiciltes only two ulllendlllcnts Cc1n be pending at one tillle. (M~jority or "2/3" indiciltes vote required thdt vote on 1lI0tion lII~y be reconsidered -- if follOwed by un "n" only Ileg~tivc vote ~nd if by .:In "iI" only tile i1ffirlllc1tivc vote. indicates lIIay interrupt a speaker SPECIAL MAIN MOTIONS By-Laws (ilmending or revising)................ J\ccepting or ~dofJting n:pol.ts of cOllvui ttees... INCIDENTAL MOTIONS(incidental to ttw pending question) Deulilnds or Requests (decided by the Chair) Point of Ord!:!r................................ Parl iamentary Inqui ry...... ~.................. Miscellaneous Inforlllution or Reyuests......... Divisions of Asselllbly......................... ~Jithdraw a Motiun (by 1II0tion S.M.lt-n)......... Ques t i on Quorulll............................... OBJECT IONS Objection to General Consent.................. Object to Consideriltion of a Question......... Appeal decision of the Chilir.................. [{eading Papers-Object tu...................... EXPEDITERS Suspend Rules................................. Choose Method of Vat i ng. . . . . . . . . . . . . . . . . . . . . . . Close Nominations or Polls.................... Reopen Nominations or Palls................... Division of Question or Motion................ Consideration by Paragraph-Seriatilll........... (Chair lIIay suggest) Fi 11 i ng b 1 i1nks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LEGEND: "S" "0" "A" "Aa" "M" UJ(fI "I. S." S $ D u A A 2/3 M Ch. Ch. Ch. Ch. Ch. Ch. S M 2/3 M M S $ U* s S S S S S A A A A 2/3 M 2/3 M M M --* ;(1 r~-n I{ I. P. 1. P. I.P. 1. 1'. 1.1' . 1. ~. R-n I.P. /{-n I. P. * I{ I. P. IHI I.P. I.P. 1. P. 1.P. R~n 1.1'. I. P. H-n 1.1'. M R-n J.P.