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12-SECOND READING, DELIBERATE AND ACT ON ORD AMENDING ART 1 OF CHAPTER OF THE CODE OF ORDINANCES OF THE COPCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: O 1 /09/2012 Council Date: City Attorney W. Kent McIlyar 12. O1/23/2012 RECOMMENDED MOTION: Second reading, deliberate and act on an Ordinance Amending Article I of Chapter of the Code of Ordinances of the City of Paris, Texas, by Amending Section 201, Rules of Order for City Council Meetings POLICY ISSUE(S): Rules of Order for City Council Meetings BACKGROUND: At the direction of City Council, City Staff presented this Ordinance to City Council at the meeting of January 9, 2012. After review of the Ordinance, City Council requested the following changes: Rule 1: incorporate language from the Charter to include designation of a temporary presiding officer in the absence of the mayor and mayor pro tem. Rule 12: incorporate language to allow for additional discussion on the item following a Motion and second (prior to calling for a vote). Rule 14: incorporate language to include the names of council members voting in favor and in opposition of items. Rule 20: incorporate language to allow any council member to consult with the City Attorney on any procedural questions not covered by these rules. Those changes have been made and are incorporated in the Ordinance. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance Y7'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Cletk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 74 Revised 2/04/08 Draft ORDINANCE N0. AN ORDIIVANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE I OF CHAPTER TWO OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY AMENDING SECTION 2-1, RULES OF ORDER FOR CITY COUNCIL MEETINGS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Rules of Procedure for conducting City Council meetings have not been reviewed or updated since first adopted in 1970; and WHEREAS, the Mayor and City Council desire to conduct the City Council meetings in a more cordial and informal fashion; and WHEREAS, the City Council of the City of Paris hereby finds and determines that the changes to the Rules of Procedure for City Council meetings set out below are in the best interest of the City of Paris and its citizens and should be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Sec. 2-1 of Article I of Chapter Two of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to read in its entirety as follows: " Sec. 2-1. Rules of order for council meetings. The following rules shall govern the conduct of ineetings of the city council. Rule 1. The mayor, or in his absence, the mayor pro tem, shall preside at all meetings of the council. In the absence or disability of both, the council shall designate a member as temporary presiding officer. Rule 2. All meetings shall be either regular or special. Rule 3. The following order of business shall be observed: a. Opening Agenda. b. Consent Agenda. c. Regular Agenda. Rule 4. The presiding officer shall preserve order, decide all questions of order, and perform such other duties as are usually discharged by the presiding -1- _ _ 'j~ officer of deliberative bodies. Rule S. Every member prior to his speaking, shall address himself to the presiding officer, but shall not proceed with his remarks until recognized by the presiding officer. Rule 6. When two (2) or more members speak at once, the presiding officer shall name the member who is entitled to the floor. Rule 7. Every member, when speaking, shall confine his remarks to the questions under discussion, and shall avoid personal remarks. Rule 8. No member shall be interrupted while speaking, except by a call to order by the presiding officer. Rule 9. No member shall speak more than twice on one item without leave of the presiding officer, nor more than once in any one case until every member choosing to speak shall have spoken. Rule 10. A member called to order by the presiding officer shall immediately resume his seat unless permitted to explain. If there is no appeal, the decision of the chair shall be conclusive, but if the member appeals from the decision of the chair, the council shall decide the case. Rule 11. Each member present shall vote unless formally excused by the council. Rule 12. When considering an item, the item will first be read aloud; a public hearing will be conducted if required; the presiding officer will call upon staff for an explanation and/or clarification of the item; the presiding officer will open the item for discussion; the presiding officer will call for a motion and second; engage in additional discussion on the item if necessary; and the presiding officer will call for a vote by the council. Rule 13. Ordinances shall require two readings at two different City Council meetings before adoption of the Ordinance. An Ordinance may be adopted on the first reading if the Council votes to suspend the rule by a supermajority vote (5 or more "ayes"). Rule 14. When a motion and second is made, the names of the council members moving shall be entered into the minutes. The action taken on an item shall be entered into the minutes, including the number of ayes, the number of nays, and the names of the council members voting in favor and in opposition to an item. Rule 15. When an item is under consideration the only motions shall be: a. To approve. b. To deny. c. To table. -2- _ 76 d. To amend. e. To reconsider. Rule 16. When an item has been decided by the council, any member who voted with the majority on the item may move a reconsideration of the same. Rule 17. An item may be reconsidered at any time during the same meeting, or during the first meeting held thereafter. Rule 18. No item shall be reconsidered more than once, nor shall a vote to reconsider be reconsidered. Rule 19. These rules may be temporarily suspended by the unanimous consent of all the members present, or by a four-fifths vote of all the members of the Council. Rule 20. The presiding officer or any council member may consult with the City Attorney on any procedural questions not covered by these rules." Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. Introduced and read on first reading on January 9, 2012, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on January 23, 2012, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 7. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED AND ADOPTED on second and final reading this 23rd day of January, 2011. A.J. Hashmi, M.D., Mayor -3- 77 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney -4- 78