(a) A
draft order or directive shall be the form in which a proposed order
or directive is brought before the city council for consideration
and action.
(b) Each
draft order or directive shall be written in the same format as an
order or directive.
(1) The draft order or directive shall include the name of all sponsors
on the final page.
(2) Each draft order or directive shall be marked with the words “DRAFT”
on each page.
(c) Each
draft order or directive shall contain the following:
(1) The jurisdictional authority “The City Council for the City
of Lavon”; followed by
(2) The word “Directive” or “Order” and a space
to place the number; followed by
(3) The short title of the order or directive; followed by
(4) The body of the draft order or directive; followed by
(5) A declaration of the effective date; followed by
(6) The words “passed and approved by the City Council of the City
of Lavon, Collin County, Texas on this” and a space for the
date; followed by
(7) A signature line for the presiding officer; followed by
(8) A signature line for the city secretary; followed by
(9) The names of each sponsor.
(2013 Code, sec. 3.6.4.1)
(a) The
mayor or any alderman may sponsor a draft order or directive. A draft
order or directive may have multiple sponsors.
(b) The primary sponsor of the draft order or directive shall notify the city secretary of an agenda item as is required in article
2.07.
(c) The
wording for consideration of any draft order or directive shall be
substantially similar to: “City Council to consider and act
on adopting the”, followed by whether it is an order or directive,
followed by the short title of the draft order or directive.
(d) Prior
to noon on the day designated as the posting date for the agenda,
the primary sponsor of each draft order or directive shall deliver
to the city secretary an original copy to be distributed with the
city council packets.
(e) The
city secretary shall ensure a copy of the agenda and draft order or
directive is delivered to:
(1) The mayor, in their city council packets;
(2) Each alderman, in their city council packets;
(3) The city administrator, in their city council packets;
(4) Each affected municipal officer; and
(5) Each affected department head.
(2013 Code, sec. 3.6.4.2; Ordinance
adopting 2018 Code)
(a) When
an order or directive appears on the agenda for consideration and
action, the presiding officer shall call for deliberations or discussions
on the draft order or directive when the item is reached on the agenda.
(b) Each
change to the draft order or directive shall be done by an amendment
process.
(1) Each change to the draft order or directive shall be done by separate
amendment;
(2) Each amendment shall be done by motion and vote; and
(3) The wording for a motion to amend any draft order or directive shall
be substantially similar to: “I move to amend the draft (Order
or Directive) by”, followed by a statement of exact changes.
(2013 Code, sec. 3.5.4.3)
(a) At
any time prior to the adoption of a draft order or directive as an
approved order or directive, any sponsor may withdraw from sponsorship
of the draft order or directive.
(1) The effect of withdrawal shall be that the name of the withdrawn
sponsor shall not appear on any future drafts of the draft order or
directive or on the final adopted order or directive as a sponsor.
(2) The withdrawal may be by written notice to the city secretary or
by declaration on the record during a city council meeting at a time
the draft order or directive is being deliberated.
(b) At
any time prior to the adoption of a draft order or directive as an
approved order or directive, any sponsor may join the sponsorship
of the draft order or directive.
(1) The effect of joining the sponsorship shall be that the name of the
new sponsor shall appear on any future drafts of the order or directive
and on the final adopted order or directive as a sponsor.
(2) The joining of sponsorship may be by written notice to the city secretary
or by declaration on the record during a city council meeting at a
time the draft order or directive is being deliberated.
(c) If,
at any time during the deliberations, all sponsors withdraw from sponsorship
and no others join, the draft order or directive shall be considered
unsponsored.
(1) The presiding officer shall immediately call for a motion to continue
consideration of the unsponsored draft order or directive.
(2) If the there is no motion or the motion fails, the presiding officer
shall call for a motion to table the draft order or directive until
it is again sponsored.
(3) In the event a sponsor is named after the draft order or directive was tabled, the draft order or directive may be removed from the table in accordance with the rules in article
2.07.
(2013 Code, sec. 3.6.4.4)
(a) In
addition to the record of minutes and the audio recording, the city
secretary shall keep a record of each amendment to each draft order
or directive and attach it to the draft order or directive.
(b) Unless
otherwise specified by law, this record, including each draft of the
order or directive submitted for consideration, shall be maintained
by the city secretary for a period of five (5) years from the date
of last action on the draft order or directive.
(c) The
city secretary shall not include any amendments that failed.
(d) The
city secretary shall not include any changes that were made except
by the proper amendment process.
(e) Prior
to the presiding officer and the city secretary signing the final
order or directive, the city secretary shall ensure that all approved
amendments are included in the written copy of the order or directive.
(2013 Code, sec. 3.6.4.5)
(a) The
wording for a motion to approve an unamended draft order or directive
as a final order or directive shall be substantially similar to: “I
move to approve the (Order or Directive)” (short title of draft
order or directive) “as written and submitted.”
(b) The
wording for a motion to approve an amended draft order or directive
as a final order or directive shall be substantially similar to: “I
move to approve the (Order or Directive)” (short title of draft
order or directive) “as amended.”
(2013 Code, sec. 3.6.4.6)