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HomeMy WebLinkAboutOrdinance 0318 ~- . . e ~ ~ ORDINANCE NO. 318 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AMENDING THE RULES OF PROCEDURE FOR THE CITY OF NORTH RICHLAND HILLS AND ADOPTING THE SAME AND DECLARING AN EMERGENCY. BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; That the Rules of Procedure as amended and a copy of which is attached and made a part of this Ordinance are hereby adopted and ap- proved by this Council. That these Rules as amended supercedes any other set of rules so adopted prior to this date. That there exists a state of emergency due to the time element and the necessity for these Rules to go into effect which will be to the good of the general welfare of the people and City of NORTH RICHLAND HILLS, Tarrant County, Texas, thus an emergency is declared. PASSED AND APPROVED this 11th day of MAYOR ~~ May _' 1970. ATTEST: - ii.PPROVED AS TO LEGALITY AND FORM: Æ~~ CI~tí'1TTORNEY ...4 r- ~ 1 · CITY OF NORTH RICHLAND HILLS, TEXAS CITY COUNCIL RULES OF PROCEDURE · ADOPTED BY THE CITY COUNCIL MAY 10, 1965 AMENDED BY THE CITY COUNCIL: OCTOBER 25, 1965 and JANUARY 10, 1966 and MAY 11, 1970 · ~ ~ ".... . . . k ~ '1 1 1. Authority 1.1 Charter: Article VI, Section 1 of the Charter of the City of North Richland Hills provides that "all powers and authority which are expressly or explicitly conferred on or possessed by the City shall be vested in and exercised by the City Council..." 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 time as they are amended or new rules adopted in the manner provided for by these rules. 2. General Rules 2.1 Meetings to be Public All meetings of the City Council shall be open to the public. (Charter - Art. XVI, Sec. 4) 2.2 Quorum Four members of the City Council shall constitute a quorum. 2.3 Minutes of the meetings 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 Subject: All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.5 Right of Floor Any member desiring to speak shall be recognized by the Chair- man, and shall confine his remarks to the subject under dis- cussion 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. 2.6 City Manager The City Manager shall attend all City Council meetings unless expressly excused. He may make recommendations to the City Council and shall have the right to take part in all discus- sions of tile Council, but shall have no vote. ~ ~ ~ 2 2.7 City Attorney . The City Attorney shall attend all 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 parlimentarian. 2.8 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. 2.9 Officers and Employees Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the City Council. If requested to do so by the City Manager, they may present infor- mation relating to matters before the City Council. 2.10 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. . 2.11 Suspension of Rules Provisions of Section 8 shall not be suspended. Any other provisions of these rules not governed by State Law, the City Charter or City Code may be temporarily suspended by a unanimous vote of all members pr.esent and voting of the City Council. The vote on any such suspension shall be taken by yeas and nays and entered upon the record by the City Secretary. 2.12 Amendment of Rules These rules may be amended, or new rules adopted by a majority vote of all members of the City Council, ~rovided that the proposed amendments or new rules shall have been introduced into the record at a previous meeting of the City Council. 3. Types of Meetings 3.1 Regular Meetings The City Council shall meet in the Council Chamber of the City Hall on the second and fourth Monday of each month at 7:30 P.M. unless otherwise officially established by the City Council. . ~ ~ ~- · · · ~ ~ 3 3.2 Special Meetings Special meetings may be called by the Mayor or any four members of the City Council. The call for a special meet- ing shall be 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. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least eight (8) hours after the c~ll is issued. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. 3.3 Conference Sessions The City Council may meet informally in conference sessions at the call of the Mayor, or any four members of the City Council, to interchange information, provided tllat all dis- cussions and conclusions shall be informal and open to the press. 3.4 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 regular scheduled City Council Meeting. 4. Chairman and Duties 4.1 Chairman The Mayor, if present, shall preside as Chairman at all meetings of the Council. In the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both Mayor and Mayor Pro-Tem, the City Council shall elect a Chairman. (Charter Art. VI, Sec. 2) 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-Tem. In the absence of both the Mayor and Mayor Pro-Tem, 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 4.4 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. A roll call vote shall be taken upon the request of any member. 4.6 Substitution for' Chairman The Chairman may call any other member to take his place in the chair, such substitution not to continue beyound adjourn- ment. 5. Order of Business 5. 1 · 5.2 5.3 5.4 · ~ Agenda 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 shall be delivered to members of the City Council each Friday preceding the Monday evening meeting to which it pertains. Any person desiring to present a subject for City Council action shall advise the City Manager's Office of the fact not later than 12:00 noon on Thursday preceding the meeting at which he wishes to have the subject 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. This rule does not apply to anyone appearing at a Public Hearing in response to official notice. At the end of each agenda any person who desires to speak at a Council meeting will be recognized by the Mayor and allowed a reasonable time to speak provided said person completes a form furnished inquiring as to name, address and topic. Council Communications The City Manager shall provide the City Council with an analysis of items to be acted upon by the City Council at it's meetings in the form of a Council Communication. These communications shall be delivered to City Council members each Friday preceding the Monday meeting at which they will be discussed, unless an emergency condition makes it neces- sary to deliver the communication on a subsequent day. ~ --~ · · · -'--- ~ 5 5.5 Oral Presentations by City Manager Matters requiring the Council's attention or action which may have developed since the deadline for delivery of the written Council Communication (Section 5.4 may, upon approval of the City Council, be presented orally by the City Manager. If formal Council action on a subject is required, such action shall be delayed until the next succeeding meeting, except that immediate action may be taken if approval by a two-thirds majority of all members of the City Council. 6. Consideration of Ordinances, Resolutions, and Motions 6.1 Printed or Typewritten Form All ordinances and resolutions shall be presented to the City Council only in printed or typewritten form. 6.2 City Attorney to Approve All ordinances and resolutions shall be approved as to form and legality (Charter Art. VI, Sec. 6) by the City Attorney. 6.3 Ordinances Deferred; Emergencies Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next official meeting, except that immediate action may be taken upon a vote of two- thirds of all members of the City Council. 6.4 Distribution of Ordinances The City Secretary shall prepare copies of all proposed ordinances for distribution to all members of the City Council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. 6.5 Recording of Votes The yeas and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the City Council. 6.6 Majority Vote Required Approval of every ordinance, resolution, or motion shall require túe affirmative vote of a majority of all members of the City Council, except as otherwise provided for in these rules. 6.7 Tie Vote In the event of a tie vote on any motion the Mayor shall vote to break the tie. ~ 6.8 · 6.9 ~ 6 Voting Required No member shall be excused from voting except on matters involving the consideration of his own official conduct, or where his financial interests are involved, or unless excused by the City Council for other valid reasons by majority vote. (Charter Art. XVI, Sec. 14, Para. 2) Order of Precedence of Motions The following motions shall have priority ln the order indicated: 1. Adjourn (when privileged) 2. Take a recess (when privileged)* 3. Raise a question of privilege 4. Lay on table 5. Previous question (2/3 vote required) 6. Limit or extend limits of debate (2/3 vote required)* 7. Postpone to a certain time* 8. Commit or refer* 9. Amend* 10. Postpone indefinitely 11. Main motion* * Can be amended - other cannot · 6.10 Reconsideration A motion to reconsider any action of the City Council can be made not later than the next succeeding of Fiscal meet- ing of the City Council. Such a motion can only be mc,de by a member who voted with the majority. It can bc seconded by any member. No question shall be twice reconsiderea except by unanimous consent of the City Council, except that action relating to any contract may be reconsidered at any time be- fore the final execution thereof. 6.11 The Previous Question 6.12 · ~ When the previous question lS moved and seconded it shall be put as follows: "Shall the main question be now put?" There shall be no further amendment or debate; but pending amendments shall be, put in their order before the main question. If the motion for the previous question is lost, the main question remains before tile City Council. An affirmative vote of two-thirds of the City Council shall be required to move the previous question. Withdrawal of Motions A motion may be withdrawn, or modified by its mover without asking permission until the motion has been stated by the Chairman. If the mover modifies his motion, the seconder may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the Council. ~ . . . ...... 6.13 6.14 ~ 7 Amendments to Motions No motion or proposition of a subject different from that under consideration shall be admitted under color of amend- ment. A motion to amend an amendment shall be in order; but one amend to an amendment shall not be in order. Appropriation of Money Before formal approval by the City Council of motions providing for the appropriation of money information must be presented to the City Council showing the purpose of the appropriation and the account to which it is to be credited. In addition, before finally acting on such an appropriation, the City Council shall Qbtain a report from the City Manager as to the availability of funds and his recommendations as to the desirability of the appropriation. 6.15 Transfer of Appropriations Upon the written recommendation of the City Manager, the City Council may at any time transfer an unencumbered balance of an appropriation made for the use on one depart- ment or division to any otner department or division. 7. Creation of Committees, Boards and Commissions 7.1 City Council Committees The City Council may, as need arises, authorize the appoint- ment of "ad hoc" Council Committees. Except where other- wise provided by the City Charter, the Mayor shall appoint members of the City Council Committees, subject to the approval of the Council. Any Committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the City Council. 7.2 Citizen Boards, Commissions and Committees The City Council may create and establish other committees boards and commissions to assist in the conduct of the operation of the City government with such duties as the City Council may specify, not inconsistent with the City Charter or City Code. Memberships and selection of members shall be 2S provided by the City Council if not specified by the City Charter. Any committees, boards or commissions so created shall cease to exist upon the accomplishment of the special purpose for which they were created, or when abolished by a majority vote of the City Council. No com- mittee so appointed shall have powers other than advisory to the City Councilor the City Manager, except as other- wise provided for in the City Charter. ~ . . e ......... 8. -~ 8 Consideration of Zoning Matters The City Council shall consider matters referred by the Planning and Zoning Commission only after the following steps have been taken: 8.1 Where Planning and Zoning Commission recommends approval of a proposed change in the zoning classification of property the City Secretary shall cause to be published, at least 15 days prior to said City Council consideration, notice of the time and place of such hearing and cases to be heard in an official paper of the City or in a paper of general circu- lation in the City. 8.2 All property owners within 200 feet of the property to be rezoned shall be notified in writing by depositing such notice, properly addressed and posted in the U. S. Mail at least 10 days prior to such hearing, stating the time and place of such hearing. (Art. 1011f T.R.C.S.) 8.3 In the event that 20 per cent or more of the owners of real property within the area to be rezoned, or 20 per cent of the owners of real property adjacent within 200 feet of said revision protest against such change in the zoning in writing to the City Council through the City Manager, provided said written petition is filed with the City Secretary or City Manager by 12:00 o'clock noon the Thursday prior to the Council meeting at which said zoning matter is scheduled to be heard, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council. (Art. 1011e T.R.C.S.) 8.4 When the Planning and Zoning Commission recommends the disapproval of a requested rezoning of property to the City Council, before the City Council can reverse the recommendation of the Planning and Zoning Commission the City Council must: 1. Set a Special Hearing. 2. Give notice as provided ln Sections 8.1 and 8.2 above. 9. Cumulative Clause 9.1 These City Council Rules of Procedure shall be cumulative of all other City Council Rules of Procedure of the City of North Richland Hills relating to the subject matter hereof, except tl1at where ordinances or other rules are, or parts thereof are, in conflict with the provisions of these rules, in which event, such rules or parts of rules so conflicting are hereby expressly repealed. /' · · · ~ ~ 9 10. Effective date 1).1 The City Council Rules of Procedure shall take effect and be in full force and effect from and after the date of its passage by the City Council of the City of North Richland Hills. APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, THE 10th DAY OF MAY, 1965 A.D. John P. Hunter MAYOR 1970 EDITION APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, THE 11th DAY OF MAY 1970 A.D. 1 P"arlon L. Ma~-s IVIAYOR APPROVED AS TO FORM AND LEGALITY k ') . \ '\" ~-v·ATTÕRN\~'\. ~/, / j 'J-j)' j .--/ LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT: Before me, the undersigned authority on this day personally appearedEleanor Lewlftcnown to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper Mid Cities Daily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulatidh in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Legal Notice and that he caused said notice to be published in said newspaper on the following date/so 5/14/70 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Miñ Cities DAi ly News EL~J ,/~. Sworn to and subscribed before me, this thelä.iday of.:Il!!Lt\ 1970 ~L- ~ bli Tarrant C ty U C, ODD , Texas ~ Le,ø/llOtices ORDINANCE NO. 318 An ordinance by the city coun- cil of the City of North Rich- land Hills, Tarrant County, Texas, amending the rules of procedure for the City óf North Richland Hills and adoptjng the same and declaring an emergency. Passed and approved this 11th day of May, 1970. -s- Marion L. Massey MAYOR Marion L. Massey ATTEST: -s- Evalyn R. Huston CITY SECRETARY Evalyn R. Huston APPROVED AS TO LEGALI- TY AND FORM: CITY ATTORNEY Dennis Morrow MC Legal No. 6186 Publish 5-14-70