§ 2-21. Rules for the conduct of business.

Except as otherwise provided in this section, Robert's Rules of Order shall govern the conduct of City Council meetings.

(1)   

Call to order. All meetings of the City Council shall be open to the public. The Mayor, or in his absence, the Mayor Pro Tempore, shall take the chair at the hour appointed for any regular, temporarily adjourned, special, or called meeting; and shall immediately call the City Council meeting to order.

(2)

Roll call. Before proceeding with the business of the City Council, the City Clerk or his deputy shall call the roll of the members, and the names of those present shall be entered in the minutes.

(3)

Quorum. Five councilmembers (one of whom may be the Mayor) shall constitute a quorum and shall be authorized to transact business of the City Council. Voting on the adoption of ordinances shall be by voice vote or raising of right hand and the vote shall be recorded in the journal, but any member of the City Council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in the Charter and elsewhere in this Code and ordinances, the affirmative vote of four shall be required for the adoption of any ordinance, resolution or motion.

(4)

Order of business. The business of the City Council shall be taken up for consideration and disposition in the following order:

a.

Call to order by presiding officer.

b.

Roll call.

c.

Approval of minutes of previous meeting.

d.

Petitions and communications from the public.

e.

Adjournment.

(5)   

Reading of minutes. Unless a reading of the minutes of a City Council meeting is requested by a member of the City Council, such minutes may be approved without a reading if the City Clerk has previously furnished each member with a copy thereof.

(6)

Reports by committees. Any business coming before the City Council concerning the subject matter of which any standing or special committee has jurisdiction, may be referred to the proper committee for investigation and report. It shall be the duty of each standing or special committee, whenever required by the Mayor or by the City Council, to examine any matter referred to such committee, and make a report thereof at the next regular meeting of the City Council, or show good cause why no report is made. Such reports shall not be in writing unless so directed by the presiding officer. Each standing committee shall examine the matters within its jurisdiction, and make such reports and recommendations from time to time as may be necessary.

(7)

Manner of addressing Council. No member, while the City Council is in session, shall speak on any subject unless recognized by the presiding officer. Every speaker shall address the chair, and no member shall interrupt anyone who is speaking, except to call him to order or for explanation.

(8)

Limitations on addressing City Council. Any person not a member of City Council who desires to address the City Council shall first secure the permission of the presiding officer, and then shall step up, give his name and address, in an audible tone of voice for the record, and direct his remarks to the City Council as a body rather than to any particular member, limiting such remarks to three minutes unless additional time is granted by City Council.

(9)

Ordinances, resolutions, regulations, contracts and inter-local agreements. Unless otherwise provided in this Code, all ordinances, resolutions, contracts, and inter-local agreements of the City shall be prepared, approved, introduced, and adopted in the following manner:

a.

Preparation. All ordinances shall be prepared by the City Attorney or at the direction of the Mayor or Council.

b.

Administrative staff approval. All ordinances, resolutions, and contract documents shall, before presentation to the City Council, have been approved as to form and legality by the City Attorney or his authorized representative, and shall have been examined by the Mayor or his authorized representative where there are substantive matters of administration involved.

c.

Introduction and adoption.

1.

Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "the council of the City hereby ordains…." and every ordinance shall so begin.

2.

An ordinance may be introduced by any member of the City Council and be read at a regular or special meeting of the City Council. Upon introduction of any ordinance, the City Clerk shall, as soon as possible, distribute a copy to the Mayor and to each member of the City Council and shall file a reasonable number of copies in the office of the City Clerk and at such other public places as the City Council may designate.

3.

No ordinance shall be put on its final passage on the same day it is introduced.

4.

All ordinances shall have two separate readings.

5.

No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practicable all ordinances shall be introduced as amendments to this Code.

6.

An ordinance, resolution, or contract shall be deemed, adopted, or rejected by the City Council in accordance with the rules which the City Council shall establish. Such ordinances adopted by the City Council shall have the full force and effect of law.

d.

Effective date. Except where applicable in subsection (9)e of this section, no ordinance shall take effect until five days after the date of its publication, except a public emergency ordinance necessary for the protection of public health, public safety, public property, or the public peace, may be made effective upon adoption.

e.

Emergencies. To meet a public emergency affecting life, health, property, or public peace, the City Council may convene on call of the Mayor or three members of the City Council and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three members of the City Council shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.

(10)   

Recording vote. Whenever any member shall request it the yeas and nays of the members present shall be recorded on the minutes on any question taken.

(11)   

Questions of order. The presiding officer shall decide all questions of order, but any councilmember who is dissatisfied with the decision may appeal to the City Council in the manner provided by Robert's Rules of Order for appealing from decisions of presiding officers.

(12)

Elections. All elections by the City Council shall be by ballot, and a majority vote of the whole City Council shall be necessary to an election.

(Code 1997, § 3-206; Ord. of 10-5-2009(01), § 1)