18 - AMENDING ORDINANCE - FIRST READINGItem No. 18
memorandum
TO: Mayor & Council
FROM: Stephanie H. Harris, Interim City Attorney
SUBJECT: AMENDING CHAPTER 2, ARTICLE I, SECTION 2 -1 OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS ( "RULES OF ORDER FOR
COUNCIL MEETINGS) TO PROVIDE THAT ORDINANCES, WITH
SOME EXCEPTIONS, MAY BE ADOPTED ON THE FIRST READING
OR BY PLACEMENT ON THE CONSENT AGENDA
DATE: February 15, 2016
BACKGROUND: In 2012, the City Council amended Chapter 2, Article I, Sec. 2 -1 to provide
for more collegial and efficient Council meetings. Sec. 2 -1(13) provides that ordinances must
have two readings, at two separate Council meetings, prior to adoption. The rule also provides
that a supermajority of the Council (5 aye votes) may vote to suspend the rule as to any particular
ordinance (other than those required by law to have two readings) and then pass it on the first
reading. Sometime thereafter, the Council agreed to several additional policies to streamline the
efficiency of the City, including a policy that dispenses with the requirement of two readings for
ordinances except in certain limited circumstances. Best practice dictates that Sec. 2 -1 be
amended to reflect this policy. Because the City Council may determine its own procedures, and
because no ordinance has been adopted with any less than a majority vote of the Council,
adoption of this amendment is merely a matter of "clean -up."
STATUS OF ISSUE: The ordinance should be changed to allow for adoption of ordinances on
the first reading or, alternatively, by inclusion in and adoption of the Consent Agenda, in keeping
with the policy and Council's current practice. The following ordinances would still require
readings at two separate City Council Meetings before adoption:
a. An ordinance adopting or amending the city's operating budget.
b. An ordinance authorizing the expenditure of an amount greater than
$50,000.00 unless that expenditure has previously been approved as part
of the city's annual operating budget.
c. An ordinance annexing or disannexing property into or out of the city.
d. An ordinance authorizing the sale of certificates of obligation.
e. An ordinance increasing the real ad valorem tax rate.
f An ordinance adopting new or modified fees and /or fines.
g. When a double vote is required by state or other law.
BUDGET: N/A
RECOMMENDATION: Amend Chapter 2, Article I, Section 2.1 of the Code of Ordinances of
the City of Paris, Texas to change rule 13 to allow for adoption of ordinances after
the first reading or by inclusion on the Consent Agenda except as set forth above.
Draft
ORDINANCE NO.
AN ORDINANCE 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, TO PROVIDE THAT IN MOST
CIRCUMSTANCES ORDINANCES MAY BE APPROVED ON THE FIRST
READING OR THROUGH PLACEMENT ON AND ADOPTION OF THE
CONSENT AGENDA; 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 City Council adopted Ordinance No. 2012 -002 amending Chapter 2,
Article I, Sec. 2 -1, "Rules of order for Council Meetings," in 2012 to reflect its desire to
conduct City Council meetings in a more cordial and informal fashion; and
WHEREAS, the Mayor and City Council have since adopted revised policies and
practices to further streamline City Council meetings which include a policy and practice
under which an ordinance may be adopted on first reading or by placement on and
adoption of the Consent Agenda; and
WHEREAS, the City Council of the City of Paris hereby finds and determines that
such changes to the rules of order for City Council meetings are in the best interest of the
City of Paris and its citizens and should be adopted; and
WHEREAS, best practice dictates that Chapter 2, Article I, Sec. 2 -1 be amended to
reflect current policy and practice;
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 meetings 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.
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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
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. Unless otherwise set forth herein, ordinances may be adopted on
the first reading or by placement on and adoption of the Consent Agenda.
Notwithstanding the above, the following ordinances shall require two
readings at two City Council meetings before adoption:
a. An ordinance adopting or amending the city's operating budget.
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b. An ordinance authorizing the expenditure of an amount greater
than $50,000.00 unless that expenditure has previously been
approved as part of the city's annual operating budget.
c. An ordinance annexing or disannexing property into or out of the
city.
d. An ordinance authorizing the sale of certificates of obligation.
e. An ordinance increasing the real ad valorem tax rate.
f. An ordinance adopting new or modified fees and /or fines.
g. When two readings are required by state or other law.
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.
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 for 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
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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. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this 22nd day of February, 2016.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, Interim City Attorney
ME
A.J. Hashmi, M.D., Mayor