The city council meetings shall be organized, called, conducted
and enforced pursuant to the following rules and regulations.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957
Code, sec. 2-4)
Except as hereinafter provided, the regular meetings of the
city council shall be held at 6:00 p.m. on the second Tuesday of each
calendar month and at 6:00 p.m. on the fourth Tuesday of each calendar
month. However, the city council may authorize a change of time for
the regular meeting by motion approved by the city council. Special
meetings may also be called during the month for the transaction of
business. In addition, the city manager is authorized to change the
time for any meeting if special circumstances should arise.
(1950 Code, Ch. 2, sec. 2; Ordinance 62-25, adopted sec. 1, 4/10/62; Ordinance 64-20, sec. 1, adopted 4/14/64; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 67-21, sec. 1, adopted 4/11/67; Ordinance 68-20, sec. 1, adopted 4/9/68; Ordinance 84-119, sec. 1, adopted 11/27/84; Ordinance 90-37, sec. 1, adopted 6/26/90; Ordinance 95-39, sec. 1, adopted 7/25/95; Ordinance 96-75, sec. 1, adopted 12/10/96; Ordinance 2001-17, sec. 1, adopted 4/24/01; Ordinance 2001-36, sec. 1, adopted 7/24/01; 1957
Code, sec. 2-4(a))
All reports, communications, ordinances, resolutions, contract
documents, proclamations or other written documents for the city council
agenda shall be delivered to the office of the city manager a reasonable
period of time prior to the meeting or as soon as possible in cases
of emergency. The office of the city manager shall arrange a list
of such matters and include all written materials in a package that
is furnished to each member of the council and furnish an agenda to
the city secretary, who is directed to provide notice as required
by law. The city council shall have the final right to determine the
agenda and the order of business. It may at any time prior to consideration
of any item on the agenda by motion, second and by a majority vote
approve the deletion of an item from the agenda, including any ordinance,
resolution or proclamation, suspend indefinitely or require that an
item be considered at a different place on the agenda. In order to
place an item on the agenda, it must be authorized by the city manager
or at least two city council members.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; Ordinance 97-22, sec. 1, adopted 5/27/97; 1957 Code, sec. 2-4(b))
All ordinances, resolutions and contract documents required
for submission to the city council shall be prepared, submitted and
approved in the following manner:
(1)
All
ordinances, resolutions and contract documents shall, before presentation
to the council, have been reviewed as to form and legality by the
city attorney or the city attorney’s authorized representative,
and shall have been examined and reviewed for administration by the
city manager or the city manager’s authorized representative.
(2)
All
ordinances shall go into effect as provided by the city charter.
(3)
All
resolutions shall take effect and be in force from and after the passage
thereof, unless otherwise provided.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; Ordinance 97-21, secs. 2, 3, adopted 5/13/97; 1957 Code, sec. 2-4(c); Ordinance 2008-37, sec. 4, adopted 9/9/08)
Proclamations to be presented during a city council meeting
must be delivered or the necessary information must be furnished to
the city secretary within a sufficient period of time to be included
with the other materials to be furnished the city council by the city
manager prior to the meeting.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957
Code, sec. 2-4(d))
The presiding officer of the council shall be the mayor, and
in his absence the mayor pro tem, who shall preserve strict order
and decorum at all regular and special meetings of the council. He
shall state every question coming before the council, announce the
decision of the council on all subjects and decide all questions of
order; subject, however, to an appeal to the council, in which event
a majority vote of the council shall govern and conclusively determine
such question of order. The mayor pro tem or any other councilmember
appointed to preside, other than the mayor, shall not be deprived
of any of the rights and privileges of a councilmember by reason of
acting as presiding officer.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957
Code, sec. 2-4(e))
The mayor may participate in the discussions of all matters
coming before the council, shall be entitled to vote as a member thereof
on all matters, but shall have no veto power.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957
Code, sec. 2-4(f); Ordinance 2019-06 adopted 2/12/19)
The mayor, or in his absence the mayor pro tem, shall take the
chair precisely at the hour appointed for the meeting and shall immediately
call the council to order. In the event a quorum is not present, the
mayor may wait a reasonable period of time for a quorum to be present
before calling the meeting to order. In the absence of the mayor and
the mayor pro tem, the city secretary or the deputy city secretary
shall call the council to order, whereupon a temporary chairman shall
be elected by the members of the council present. Upon the arrival
of the mayor or mayor pro tem, the temporary chairman shall immediately
relinquish the chair upon the conclusion of the business immediately
before the council.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/841957 Code, sec. 2-4(g); Ordinance 2008-37, sec. 4, adopted 9/9/08)
The city secretary or deputy city secretary shall enter the
names of those present into the minutes.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957
Code, sec. 2-4(h))
A majority of all members of the council, which for purposes
of a quorum include the mayor, such number being four (4), shall constitute
a quorum. A quorum must be present in order to conduct business.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957
Code, sec. 2-4(i))
At each regular council meeting there shall be included an item
referred to as the “consent agenda,” which item shall
include the minutes to be submitted to the council as well as any
other items that are considered by the city manager to be routine
and not requiring a hearing and further discussion. All items included
on the consent agenda may be approved with one motion, second and
unanimous vote without any discussion. However, any member may first
remove any item from the consent agenda for discussion and a separate
vote.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; Ordinance 2002-22, sec. 1, adopted 5/14/02; 1957 Code, sec. 2-4(j))
The following rules of debate are adopted for all city council
meetings:
(1)
Right of floor.
Every member desiring to speak shall
speak solely to the question under debate, avoiding all personalities
and indecorous language. No member shall be allowed to speak more
than once on any one subject until every member wishing to speak shall
have been heard. In case of a dispute as to the right to speak, the
members shall address the chair and the order of speakers shall be
determined by the chair.
(2)
Interruptions.
A member, once recognized, shall not
be interrupted when speaking unless it be to call that member to order
or as otherwise provided. If a member, while speaking, be called to
order, that member shall cease speaking until the question of order
be determined, and, if in order, shall be permitted to proceed.
(3)
Motion to reconsider.
A motion to reconsider any action
taken by the council may be made if done within a reasonable period
of time, without prejudice to third parties and without denying any
party rights of due process, if any such right exists. Such motion
shall be made by one of the prevailing side, but may be seconded by
any member, and it shall be debatable. If the required conditions
are satisfied, a member of the council may make or remake the same
or any other motion at a subsequent meeting of the council.
(4)
Voting.
A member who is present shall vote on every
question unless prevented from voting because of a conflict of interest;
and in the event that such member does not make his or her vote on
the question known for the record before adjournment, the member’s
silence shall be recorded as an affirmative vote.
(5)
Parliamentary procedure.
Unless otherwise expressly
provided, the general rules of parliamentary procedure will be observed.
If a rule is not followed and there is no objection, the rule will
be considered as waived.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957
Code, sec. 2-4(k))
The following rules shall be applicable to citizens that address
the council:
(1)
Citizens
may address the council by written communications in regard to matters
under discussion.
(2)
Relevant
oral communications by citizens are permitted on any matter on the
agenda, when the agenda item is under discussion and prior to a motion
being made by the council.
(3)
Each
person addressing the council shall stand up (to the microphone),
shall give his name and address in an audible tone of voice for the
records, and shall limit the address to a reasonable period of time.
All remarks shall be addressed to the council as a body and not to
individual members thereof.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957
Code, sec. 2-4(l))
While the council is in session, all members of the council
and all other persons present shall comply with the following rules
of decorum:
(1)
No
person shall, either by conversation or otherwise, delay or interrupt
the proceedings or the peace of the council.
(2)
No
person shall refuse to obey the orders of the presiding officer or
the city council, whichever is applicable.
(3)
No
person shall disturb any member who is speaking.
(4)
No
person shall make personal, impertinent or slanderous remarks.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957
Code, sec. 2-4(m))
The chief of police, or such member or members of the police
department as the chief of police may designate, shall be the sergeant-at-arms
of the council meetings. The sergeant-at-arms shall carry out all
orders and instructions given by the presiding officer or city council,
whichever is applicable, for the purpose of maintaining order and
decorum at the council meeting.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957
Code, sec. 2-4(n))
The presiding officer, or the city council if applicable by
reason of its own motion or on appeal, is authorized to enforce the
provisions of this division in the following ways:
(1)
Reprimand
a violator for conduct that violates the provisions of this division.
(2)
Order
a violator to depart from the premises.
(3)
Instruct
the sergeant-at-arms to arrest any person who violates any criminal
law, including criminal trespass, disorderly conduct, disrupting a
meeting or procession, or obstructing a passageway.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957
Code, sec. 2-4(o))
Unless required by the city charter or state or federal law,
the city council may waive or suspend the rules and procedures set
forth herein.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957
Code, sec. 2-4(p))
Editor’s note–Former section 1-4-48 pertaining to the powers and duties of the presiding officer and deriving from the 1950 Code, Ch. 2, sec. 2 and the 1957 Code, sec. 2-5 has been deleted by section 5 of Ordinance 2008-37 adopted by the city on September 9, 2008.
