Chapter 2.04 CITY COUNCIL

B. Place. All regular meetings of the council shall be held in the Town Hall in the city. [Ord. 2007-02 § 1, 2007; Ord. 2004-03 § 1, 2004; Ord. 98-1 § 1, 1998; Ord. 90-208 § 3, 1991; Ord. 145 § 1, 1974; Ord. 102 § 1, 1955].

2.04.020 Special meetings.

The mayor or a majority of the members of the city council may call a special meeting whenever the public business requires it. A special meeting can be called by gathering written notice to each member of the city council, as well as to each local newspaper of general circulation, radio and/or television station requesting notice. Notice will be made to the council members’ mail box at City Hall, the post office, and Murphy’s Market. Further, the city clerk shall post the agenda in front of City Hall and shall make a good faith attempt to contact each council member by telephone as provided by the member prior to the meeting.

The notice of the meeting shall state the date and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted thereat, except such as is stated in this notice. [Ord. 98-3 § 1, 1998; Ord. 102 § 2, 1955].

2.04.030 Presiding officer.

The presiding officer of the council shall be the mayor. The presiding officer 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 a majority vote of the council shall govern and conclusively determine such question of order. He shall vote on all questions, his name being called last. He shall sign all ordinances and resolutions adopted by the council during his presence. In the event of the absence of the mayor, the acting mayor shall sign ordinances or resolutions as then adopted. [Ord. 102 § 3, 1955].

2.04.040 Call to order.

The mayor, or in his absence, the acting mayor, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the council to order. In the absence of the mayor or the acting mayor, the city clerk, or his assistant, 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 the acting mayor, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the council. [Ord. 102 § 4, 1955].

2.04.050 Roll call.

Before proceeding with the business of the 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. [Ord. 102 § 5, 1955].

2.04.060 Quorum.

A majority of all the members elected to the council shall constitute a quorum at any regular or special meeting of the council. In the absence of a quorum, the presiding officer shall, at the instance of any two members present, compel the attendance of absent members. [Ord. 102 § 6, 1955].

2.04.070 Order of business.

All regular meetings of the council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the council, the mayor, and any staff required shall take their regular stations in the council chambers, and the business of the council shall be taken up for consideration and disposition.

A. The business of the council for the first regular meeting of the month shall be in the following order:

1. Call to order/roll call.

2. Pledge of Allegiance.

3. Adjournment to closed session.

4. Reconvene to open session.

5. Approval of agenda.

6. Approval of minutes.

7. Commissioners reports.

8. Staff reports.

9. Items from the floor.

10. Consent agenda.

11. Agenda items.

12. Council request for future agenda items.

13. Adjournment.

B. The business of the second regular meeting of the month shall be in the following order:

1. Call to order/roll call.

2. Pledge of Allegiance.

3. Adjournment to closed session.

4. Reconvene to open session.

5. Approval of agenda.

6. Items from the floor.

7. Consent agenda.

8. Agenda items.

9. Council request for future agenda items.

10. Adjournment. [Ord. 2004-03 § 2, 2004; Ord. 2000-02 § 1, 2000; Ord. 98-1 § 2, 1998; Ord. 102 § 7, 1955].

2.04.080 Vote of presiding officer.

The mayor or such other member of the council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a councilman by reason of his acting as the presiding officer. [Ord. 102 § 8(a), 1955].

2.04.090 Speaking on the floor.

Every member desiring to speak shall address the chair, and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. [Ord. 102 § 8(b), 1955].

2.04.100 Interrupting debate.

A member, once recognized, shall not be interrupted when speaking unless it is to call him to order, or as herein otherwise provided. If a member, while speaking, is called to order, he shall cease speaking until the question of order is determined, and, if in order, he shall be permitted to proceed. [Ord. 102 § 8(c), 1955].

2.04.110 Closing debate.

The councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. [Ord. 102 § 8(d), 1955].

2.04.120 Motion to reconsider.

A motion to reconsider any action taken by the council may be made only on the date such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the council from making or remaking the same or any other motion at a subsequent meeting of the council. [Ord. 102 § 8(e), 1955].

2.04.130 Council minutes – Councilmens’ remarks.

A councilman may request, through the presiding officer, the privilege of having an abstract of his statement on any subject under consideration by the council entered in the minutes. If the council consents thereto, such statement shall be entered in the minutes. [Ord. 102 § 8(f), 1955].

2.04.140 Council minutes – Synopsis of debate.

The clerk may be directed by the presiding officer, with consent by the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the council. [Ord. 102 § 8(g), 1955].

2.04.150 Council minutes – Entry of protests.

Any member shall have the right to have the reasons for his dissent from, or protest against, any action of the council entered on the minutes. [Ord. 102 § 14, 1955].

2.04.160 Addressing the council.

Any person desiring to address the council shall first secure the permission of the presiding officer so to do; provided, however, that under the following headings of business, unless the presiding officer rules otherwise, any qualified person may address the council without securing such prior permission:

A. Written Communications. Interested parties or their authorized representatives may address the council by written communications in regard to matters then under discussion.

B. Oral Communications. Taxpayers or residents of the city, or their authorized legal representatives, may address the council by oral communications on any matter concerning the city’s business, or any matter over which the council has control; provided, however, that preference shall be given to those persons who may have notified the city clerk in advance of their desire to speak in order that the same may appear on the agenda of the council.

C. Reading of Protests. Interested persons or their authorized representatives may address the council by reading of protests, petitions, or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals and petitions, or similar matters, in regard to matters then under consideration. [Ord. 102 § 9, 1955].

2.04.170 Addressing the council after motion made.

After a motion is made by council, no person shall address the council without first securing the permission of the council so to do. [Ord. 102 § 10, 1955].

2.04.180 Silence constitutes affirmative vote.

Unless a member of the council states that he is not voting, his silence shall be recorded as an affirmative vote. [Ord. 102 § 11, 1955].

2.04.190 Decorum – Procedure.

A. By Council Members. While the council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the council nor disturb any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided.

B. By Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the council shall be forthwith, by the presiding officer, barred from further audience before the council, unless permission to continue be granted by a majority vote of the council. [Ord. 102 § 12, 1955].

2.04.200 Decorum – Enforcement.

The chief of police shall be sergeant-at-arms of the council meetings. He shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-arms to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this code, the complaint to be signed by the presiding officer. [Ord. 102 § 13, 1955].

2.04.210 Ordinances – Preparation.

All ordinances shall be prepared by the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority vote of the council, or requested in writing by the mayor, or prepared by the city attorney on his own initiative. [Ord. 102 § 15(a), 1955].

2.04.220 Ordinances – Prior approval.

All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney or his authorized representative, and shall have been examined and approved for administration by the mayor or his authorized representative, where there are substantive matters of administration involved. [Ord. 102 § 15(b), 1955].

2.04.230 Ordinances – Introducing for passage or approval.

A. Ordinances, resolutions, and other matters or subjects requiring action by the council must be introduced and sponsored by a member of the council, except that the mayor or city attorney may present ordinances, resolutions and other matters or subjects to the council, and any councilman may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered.

B. No ordinance shall be put on its final passage on the same day on which it was introduced.

C. All ordinances shall be passed at a regular meeting held more than five days after the introduction of such ordinance. There shall be a separate reading at the meeting at which the ordinance is introduced and at the regular meeting at which the ordinance is passed.

D. 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 existing ordinances or sections thereof.

E. Unless otherwise provided in the ordinance, each ordinance of the city shall be posted at the entrance of the Town Hall where the business of the city is transacted, at the post office in the city and at any other public place, for 10 days. Whenever any ordinance is posted, it shall be the duty of the city clerk to make an affidavit of posting and attach the affidavit to each respective ordinance, and such affidavit shall remain on file therewith. [Ord. 102 § 15(c), 1955].

2.04.240 Adjournment.

A motion to adjourn shall always be in order and decided without debate. [Ord. 102 § 16, 1955].

2.04.250 Legal notice.

Any legal notice required by this code or any other provision of state law to be provided may, in lieu of publication, be posted for 10 days in three conspicuous public places, to wit, the entrance to City Hall, Trinidad Post Office, and Trinidad Market. [Ord. 96-2 § 1, 1996].