Chapter 31 COMMON COUNCIL

(A) Until December 31, 2015, the Council shall consist of 5 members, 1 of whom shall be elected at large from the entire city and each of the other 4 of whom shall be elected from 1 of the councilmanic districts described in § 31.02.

(B) Effective at 1 minute past midnight on January 1, 2016, the Council shall consist of 7 members, 3 of whom shall be elected at large from the entire city and each of the other 4 of whom shall be elected from 1 of the councilmanic districts described in § 31.02.

(1994 Code, § 31.01) (Ord. 1307, passed 8-23-1982; Am. Ord. 2002-1824, passed 10-28-2002; Am. Ord. 2012-2030, passed 2-27-2012)

31.02 COUNCILMANIC DISTRICTS.

(A) Effective the municipal elections to be held in 2023, and all subsequent elections, the city is hereby divided for city election purposes into 4 districts, each district to contain the following 2020 Census tracts and blocks:

(1) First District. The first councilmanic district shall contain the census tracts and blocks as listed in Exhibit B attached to Ordinance No. 2022-2198.

(2) Second District. The second councilmanic district shall contain the census tracts and blocks as listed in Exhibit C attached to Ordinance No. 2022-2198.

(3) Third District. The third councilmanic district shall contain the census tracts and blocks as listed in Exhibit D attached to Ordinance No. 2022-2198.

(4) Fourth District. The fourth councilmanic district shall contain the census tracts and blocks as listed in Exhibit E attached to Ordinance No. 2022-2198.

(B) The boundaries for the 4 districts described by census tracts and blocks in subsection (A) of this section are described in ordinary terms as follows:

(1) First District. The first councilmanic district shall commence at the extreme northwest corner of the corporate boundaries of the city; thence south along the corporate boundaries of the city; thence southeast along the corporate boundaries of the city; thence north along the corporate boundaries of the city; thence east along the corporate boundaries of the city to the intersection of Pioneer Drive and Jim Neu Drive; thence east along the centerline of Jim Neu Drive to the intersection of Pioneer Drive; thence south along the corporate boundaries of the city; thence east along the corporate boundaries of the city; thence south along the corporate boundaries of the city; thence east along the corporate boundaries of the city; thence south along the corporate boundaries of the city to the southwest corner of the parcel presently identified as Tax ID No. 50-42-31-403-020.000-019; thence east to the northeast corner of the parcel presently identified as Tax ID No. 50-32-06-202-221.000-019; thence arching in a southeasterly/southern direction along the eastern boundary of the parcel presently identified as Tax ID No. 50-32-06-202-119.001-019 to the centerline of Ritter Street; thence east to the centerline of North Oak Drive; thence south along the centerline of North Oak Drive to the intersection of Jefferson Street; thence east along the centerline of Jefferson Street to the intersection of Plum Street; thence north along the centerline of Plum Street to the intersection of Harrison Street; thence east along the centerline of Harrison Street to the intersection of Michigan Street; thence north along the centerline of Michigan Street to the intersection of Shalley Drive; thence east along the centerline of Shalley Drive to Fairbanks Avenue; thence north along the centerline of Fairbanks Avenue to Klinger Avenue; thence west along the centerline of Klinger Avenue to the intersection of Grand Avenue; thence northerly along existing census block lines to U.S. Highway 30, with the inclusion of the parcel presently identified as Tax ID No. 50-42-91-000-099.000-018; thence east along U.S. Highway 30 a distance of 2,300 feet, more or less; thence north along the corporate boundaries of the city to the south boundary line of the Plymouth Municipal Airport property; thence east, thence north, thence west along the corporate boundaries of the city to the point of beginning.

(2) Second District. The second councilmanic district shall commence at the intersection of Center Street and Harrison Street; thence west along the centerline of Harrison Street to Plum Street; thence south along the centerline of Plum Street to Jefferson Street; thence west along the centerline of Jefferson Street to North Oak Drive; thence north along the centerline of North Oak Drive to the centerline of Ritter Street; thence west along the centerline of Ritter Street to the intersection of the eastern boundary of the parcel presently identified as Tax ID No. 50-32-06-202-119.001-019 and thence arching in a northern/northwesterly direction along the eastern boundary of said parcel to the northeast corner of the parcel presently identified as Tax ID No. 50-32-06-202-221.000-019; thence west to the intersection of the southwest corner of the parcel presently identified as Tax ID No. 50-42-31-403-020.000-019 and the corporate boundaries of the city; thence south then west along the corporate boundary of the city; thence south along the corporate boundary of the city; thence south, then east, then south along the corporate boundary of the city to State Road 17; thence east along the corporate boundary of the city and along State Road 17 and continue east along the corporate boundary of the city; thence north, then east, then south, then east along the corporate boundary of the city; thence north along the corporate boundary of the city; thence east along the corporate boundary of the city; thence south along the corporate boundary of the city to the Yellow River; thence east along the Yellow River to the Norfolk & Western Railroad right-of-way; thence north along said railroad right-of-way to Schuyler Street; thence east along Schuyler Street to Plum Street; thence north along Plum Street to Lake Avenue; thence east along Lake Avenue to Center Street; thence north along Center Street to the point of beginning.

(3) Third District. The third councilmanic district shall commence at the intersection of Lake Avenue and Plum Street; thence south along Plum Street to Schuyler Street; thence west along Schuyler Street to the Norfolk & Western Railroad right-of-way; thence south along said railroad right-of-way to the Yellow River; thence west along the Yellow River to the corporate boundary of the city; thence south, then east, then south to Oakhill Avenue; thence east along Oakhill Avenue to Nutmeg Road; thence south along Nutmeg Road and the corporate boundary of the city; thence east along the corporate boundary of the city; thence north along the corporate boundary; thence east along the corporate boundary of the city; thence north, then east, then south along the corporate boundary of the city; thence east, then south, then east, then southeast, then east, then south, then east all along the corporate boundary of the city to Michigan Street; thence southeast along Michigan Street; thence east along the corporate boundary of the city; thence north along the corporate boundary of the city; thence west along the corporate boundary of the city to Bayless Street; thence north along Bayless Street to the point where the corporate boundary of the city heads east; thence east along the corporate boundary of the city; thence north, then east along the corporate boundary of the city; thence north to the Conrail Railroad right-of-way; thence west along the said railroad right-of-way to the point where Liberty Street crosses the railroad tracks, and then immediately west along Williams Street to Michigan Street; thence north along Michigan Street to Conrail Railroad right-of-way; thence west along said railroad right-of-way to the point it intersects with Lake Avenue; thence west along Lake Avenue to the point of beginning.

(4) Fourth District. The fourth councilmanic district shall commence at the intersection of Center Street and Harrison Street; thence east along Harrison Street to Michigan Street; thence north along Michigan Street to Shalley Drive; thence east along Shalley Drive to Fairbanks Avenue; thence north along Fairbanks Avenue to Klinger Avenue; thence west along Klinger Avenue to Grand Avenue; thence northerly along census block lines and eventually reaching the Elmer Seltenright Ditch to Plymouth Goshen Trail; thence east along Plymouth Goshen Trail, then south, then east, then north, then northeast, then northwest back to Plymouth Goshen Trail and thence with the inclusion of the parcels presently identified as Tax ID Nos. 50-42-91-303-107.000-019, 50-42-91-403-011.000-019, 50-42-92-102-001.001-019 and 50-42-92-102-002.002-019 and then running from the intersection of that parcel’s southern boundary with the eastern boundary of Randolph Street; thence southeasterly along the corporate boundary of the city to and along the Yellow River; thence diverging from the Yellow River straight east along the corporate boundary of the city; thence south along the corporate boundary to and along Richter Road; thence continuing south along the corporate boundary of the city to the Conrail Railroad right-of-way; thence west along the said railroad right-of-way to the point where Liberty Street crosses the railroad tracks, and then immediately west along Williams Street to Michigan Street; thence north along Michigan Street to the Conrail Railroad right-of-way; thence west along said railroad right-of-way to the point it intersects with Lake Avenue and Center Street; thence north along Center Street to Harrison Street which is the point of beginning.

(Ord. 2022-2198, passed 9-26-2022)

31.03 RESERVED.

31.04 JOURNAL OF COUNCIL PROCEEDINGS.

It shall be the duty of the City Clerk-Treasurer to keep the journal of the Common Council proceedings properly and fully indexed so that any particular subject acted upon or brought before the Council may be readily found in the record.

(1994 Code, § 31.04) (Ord. 182, passed - -)

31.05 STANDING COMMITTEES.

Full power and authority is hereby vested in the Mayor to appoint and organize the following boards and committees:

(A) The Finance Committee;

(B) The Board of Public Works and Safety;

(D) Three (3) city residents as members of the Board of Zoning Appeals;

(E) The members of the Board of Aviation Commissioners, pursuant to I.C. 8-22-2 and any amendments or recodifications thereof; and

(F) Any other board or committee which the Mayor deems necessary and proper.

(1994 Code, § 31.05) (Ord. 242, passed - -; Am. Ord. 500, passed - -; Am. Ord. 2001-1796, passed 9-10-2001; Am. Ord. 2014-2082, passed 10-13-2014)

COUNCIL MEETINGS

31.30 ADOPTION OF RULES AND REGULATIONS.

(A) The rules and regulations prescribed in §§ 31.30 through 31.45 are hereby adopted for the government of the Common Council of the city. Any enumeration of powers in this subchapter shall not be held to limit the legislative power of the Council except where specifically provided.

(B) The Council shall have the power to adopt local laws deemed necessary for the effective operation and conduct of government with respect to municipal and internal affairs, and shall provide for the enforcement of such laws and prescribe violations and punishments thereto.

(C) The Council shall have the authority to request or compel attendance of Council members, other officers of the city and other witnesses, and may require the production of documents germane to matters being considered at meetings of the Council.

(D) The Council may punish contempt and disorder in rooms of the Council.

(E) The Council shall have the power to discipline Council members.

(F) The Council shall have the power to pass all ordinances, orders, resolutions and motions for the government of the city, for the control of its property and finances and for the appropriation of money.

(G) The Council shall have the power to supervise and investigate all departments, officers and employees of the city government and to examine into any charge preferred against them, and into the affairs of any corporation, firm or person in which the city may be interested in contracting.

(H) The Council shall have the power to manage the finances of the city subject to the powers and duties vested in the executive departments.

(Ord. 2008-1947, passed 2-25-2008)

31.31 LEGISLATIVE POWER.

The legislative power and authority of the city shall be vested in the Council. Unless otherwise provided by law, all powers and duties of the city which are legislative in nature shall be exercised and performed by the Council.

(Ord. 2008-1947, passed 2-25-2008)

31.32 ELIGIBILITY.

To be eligible to run for the office of Council member, all persons shall be bona fide citizens of the United States and the state and shall have attained the age of 18 years when elected. Additionally, all persons shall have been a resident of the city for at least 1 year immediately preceding his or her election; and for all persons to be eligible to run for the office of district Council member shall have resided in that district for the last 6 months preceding his or her election. Should any Council member representing any district cease to be a resident of the district or should the at-large Council member cease to be a resident of the city during his or her term of office, the office shall thereby become immediately vacant.

(Ord. 2008-1947, passed 2-25-2008)

31.33 ELECTION; SALARY.

Election of Council members shall be in accordance with all laws governing primary and general elections. The term of office of each Council member shall commence on January 1 after his or her election and shall continue for 4 years thereafter. The Council member’s oath of office shall be administered by a duly qualified person to each Council member and it shall be signed and filed with the Office of the Clerk-Treasurer on or before January 1 after his or her election. Additionally, the Council member’s oath shall be filed with the Clerk of the Marshall Circuit Court pursuant to Indiana law. The salary of each Council member shall be a specified amount as set forth in the salary ordinance for elected city officials.

(Ord. 2008-1947, passed 2-25-2008)

31.34 INITIAL MEETING.

The members of the Council shall hold their first regular meeting on a Monday in January after their election at the hour of 6:30 p.m. in the Council chambers. At this meeting, Council members shall elect a President Pro Tempore, who shall serve until noon of the first Monday in January of the next succeeding year.

(Ord. 2008-1947, passed 2-25-2008)

31.35 TIME AND PLACE OF MEETINGS.

The regular meetings of the Council shall be held at the Council chambers on the second and fourth Monday evenings of each month at the hour of 6:30 p.m. If any regular meeting date falls on a holiday established by state or city law, or if a serious conflict for the Council arises as to a meeting date, the Mayor, or the Council by majority vote, shall reschedule the regular meeting for any date or time, provided that such rescheduling will not result in the failure of the Council to hold at least 1 meeting during any monthly period. At the approximate hour named, the Mayor shall call the Council to order, and if he or she is absent, the President Pro Tempore shall act in his or her stead. If the latter is absent, any member of the Council may, upon motion, be called to the chair and act as Presiding Officer only until the arrival of one entitled to preside.

(Ord. 2008-1947, passed 2-25-2008)

31.36 SPECIAL MEETINGS.

(A) Special meetings of the Council shall be held on the call of the Mayor or of any 4 members of the Council. The call shall be in writing, and specify the subjects of the call, that is to say, the particular purposes for which it is called. The call shall be signed by the Mayor, or, when made by members of the Council, by them, and filed with the Clerk-Treasurer.

(B) Each member of the Council shall be notified of the holding of a special meeting by whatever method is practical.

(C) Only such business shall be transacted at the special meeting as is specifically stated in the call for the special meeting. The minute record shall show the issuance of the call, and the service of notice thereof, for which purpose the officer serving the notice shall make return to the Clerk-Treasurer.

(Ord. 2008-1947, passed 2-25-2008; Am. Ord. 2016-2096, passed 1-25-2016)

31.37 QUORUM.

A majority of all Council members to which the districts and city are entitled shall make a quorum; that number is 4.

(Ord. 2008-1947, passed 2-25-2008; Am. Ord. 2016-2096, passed 1-25-2016)

31.38 MAYOR AS PRESIDING OFFICER; PRESIDENT PRO TEMPORE.

(A) The Mayor shall preside over all regular and special meetings of the Council. The Mayor shall call the Council to order at the hour for the opening of the meetings and on the appearance of a quorum. The Mayor can vote only to break a tie. The Mayor may, however, advocate for a particular position on any issue before the Council. For any extended advocacy for a particular position during Council debate, the Mayor shall transfer the gavel to the President Pro Tempore, who shall then temporarily preside over the meeting until the Mayor has completed his or her advocacy. At that time, then the President Pro Tempore shall transfer the gavel and return it to the Mayor.

(B) The Mayor shall:

(1) Preserve strict order and decorum;

(2) Decide all questions of order and his or her decisions shall be final unless an appeal is taken to the Council. An appeal of the decision of the Mayor on a question of order shall be taken as follows:

(a) The Council member shall indicate he or she is appealing the decision;

(b) The Council member shall state his or her grounds for the appeal; and

(c) The Council shall vote on the member’s appeal. If the appeal passes by a majority vote of the Council, the Mayor’s decision on questions of order shall be overruled.

(3) Appoint all standing committees at the first meeting in January or as soon thereafter as possible; however, the standing committees shall serve only during the term of the Mayor;

(4) Appoint all special committees which may be ordered by the Council, unless the order of the Council specifies that it will make the appointments;

(5) Fill all temporary and permanent vacancies which may occur in any of the standing or special committees;

(6) Sign all ordinances and resolutions adopted by the Council; and

(7) Exercise any power or perform any function proper and necessary for the effective and efficient administration and management of the Council and the matters brought before the Council for its consideration.

(C) It shall be the prerogative of the Mayor to assign an ordinance, resolution or other document, either to committee or first reading of the ordinance.

(D) The President Pro Tempore shall possess the powers and perform the duties of the Mayor when the Mayor is absent. When a vacancy occurs in the office of the President Pro Tempore, the Council shall elect a new President Pro Tempore for the remainder of the term.

(Ord. 2008-1947, passed 2-25-2008)

31.39 SERGEANT-AT-ARMS.

(A) On the recommendation of the Mayor, the Chief of Police shall designate, detail and assign a police officer to act as sergeant-at-arms for the Council.

(B) The sergeant-at-arms shall preserve order in and about the Council chamber.

(C) The sergeant-at-arms shall exercise and perform other duties as may be prescribed by this code and the laws of the State of Indiana for the effective operation and conduct of the Council.

(Ord. 2008-1947, passed 2-25-2008)

31.40 DECORUM AND DEBATE.

(A) The Presiding Officer shall preserve order and decorum at all Council meetings.

(B) Each member of the Council shall be present within the Council chamber during the sessions of the Council, unless excused or necessarily prevented from being present, and shall vote on each question put unless excused from voting by a majority of the Council members present.

(C) A Council member shall not vote, or take any other discretionary action in his or her official capacity, except in the exercise of his or her own independent judgment, reached after due regard for the collective interest of his or her constituency as a whole, and of the citizens and the community of the city. The prohibition in this section extends to any agreement to take action in violation of this section and to any effort to induce other Council members to violate it.

(D) Whenever a Council member has or is likely to have a substantial conflict of interest in connection with a matter pending before the Council, he or she shall either:

(1) Disqualify himself or herself from further action on the matter, in which event he or she need not disclose the reason for his or her disqualification; or

(2) Disclose fully the nature of his or her conflict of interest, in which event he or she may continue to participate in the deliberations and to vote on the matter.

(E) Whenever a Council member has or is likely to have a private financial interest in connection with any official matter pending before the Council, he or she shall disqualify himself or herself from further participation in the proceeding.

(F) A Council member shall not derive or attempt to derive any unjustified enrichment from his or her office. This prohibition includes, but is not limited to the following:

(1) The solicitation or acceptance of any bribe, gift or other material economic benefit, or of any promise of similar benefit, which he or she believes or reasonably should believe was intended to influence any action or decision by the Council member;

(2) The solicitation or acceptance of any gift or other economic benefit conferred because of any vote or other action in his or her official capacity already taken by him or her;

(3) The acquisition or use for personal purposes of any property, services or funds of the city, unless authorized by law; and/or

(4) The use for personal gain of information pertaining to the city which is not a matter of public record, at a time when it is treated as confidential by the officials of the city.

(G) When any member is about to speak or deliver any matter to the Council, he or she shall respectfully address himself or herself to the Presiding Officer, and on being recognized, confine himself or herself to the question in debate and avoid personality. The Presiding Officer shall not recognize any member as in order, unless he or she is in his or her proper seat.

(H) When 2 or more Council members seek recognition at once, the Presiding Officer shall name the member entitled to speak.

(I) No Council member shall speak more than twice on the same question without leave of the Council, nor more than once until every Council member choosing to speak has spoken.

(J) While the Presiding Officer or a Council member is addressing the Council, no Council member shall walk out of or across the Council chamber or engage in private discourse.

(K) No Council member shall impugn a motive of another.

(L) Any Council member may change his or her vote before the announcement of the result by the Presiding Officer.

(M) If any Council member, in speaking or otherwise, shall transgress the rules of the Council, the Presiding Officer shall, or any Council member may, call him or her to order, in which case he or she shall immediately cease the transgression unless permitted, on motion of another Council member, to explain; and the Council shall, if appealed to, decide the case without debate. If the decision is in favor of the Council member called to order, he or she shall be at liberty to proceed, but not otherwise, and if the case requires it, he or she shall be subject to the censure of the Council.

(N) Should any Council member, in the course of his or her remarks violate a second time any rule of the Council, and again be called to order, he or she shall not speak further on the pending question, except by permission of 2/3 of the Council members present.

(O) Each Council member shall observe the highest standards of dignity, propriety, courtesy, respect and decorum toward his or her fellow Council members, officers and employees of the city, and all other persons when carrying out any of the responsibilities, duties and services mandated by the office of a Council member.

(Ord. 2008-1947, passed 2-25-2008)

31.41 PARLIAMENTARY PROCEDURE.

(A) The most recent edition of Robert’s Rules of Order, shall be the authority on all questions of parliamentary law and procedure not specifically covered by this subchapter. For the purposes of this subchapter, parliamentary law shall mean the enacted rules and recognized usages which govern the procedure of legislative assemblies.

(B) It shall require a majority vote of 4 of the 7 Council members to pass an ordinance or resolution. Whenever by law it is required that any ordinance or resolution shall be passed by a 2/3 vote, the requirement shall be construed to mean a 2/3 vote of all Council members: 5 of the 7 members. Whenever by law it is required that any ordinance or resolution shall be passed by 3/4 vote, the requirement shall be construed to mean a 3/4 vote of all Council members: 6 of the 7.

(C) No one not a member of Council shall be permitted to address the Council except on invitation by the Presiding Officer or by a majority vote of the Council.

(D) No ordinance or resolution shall be received or considered by the Council unless it is presented by a member of the Council, the Mayor, the Clerk-Treasurer, or as provided by law. Every motion made by any member of the Council and entertained by the Presiding Officer shall be reduced to writing on the demand of any Council member. When a motion has been made, the Presiding Officer shall state it, and it shall then be in the possession of the Council, but may be withdrawn at any time before a decision or amendment.

(E) When, in order to enact an ordinance, resolution or motion, state law requires a majority of the Council to vote “aye”, the following procedures shall be applicable in calculating the majority:

(1) Only Council members who have disqualified themselves on a matter due to a substantial conflict of interest or have disclosed fully the nature of their conflict of interest pursuant to the provisions of this chapter are entitled to an abstention.

(2) An abstention shall not be counted as either an “aye” or “nay” vote.

(F) The Presiding Officer shall decide whether any question is carried by an affirmative or a negative voice vote, but if he or she is in doubt, a roll call vote shall be requested.

(G) When a question is under debate, no motion shall be received, except motions to adjourn, to lay on the table, for the previous questions (which motion shall be decided without debate), to postpone to a day certain, to refer, to amend or to postpone indefinitely. The order of preference of certain motions is as follows:

(1) The motion to adjourn and the motion to fix a time to which the Council shall adjourn shall always be in order, the latter motion taking precedence of the former.

(2) The motion to lay an amendment on the table shall not affect the main question which it is proposed to amend.

(3) The previous question shall be put in this form: “I call for the question.” This motion is proper only after each Council member present has had the opportunity to address the specific issue under debate. This motion shall not require a second and upon such a motion all debate shall immediately cease. The Presiding Officer shall then repeat the motion and request a voice vote. If this motion is sustained by majority vote its effect shall be to put an end to all debate, and shall preclude all other motions or amendments, except the motion to adjourn. The Presiding Officer shall then at once put the question, first on pending amendments and then on the main questions.

(4) The motion to postpone to a day certain can be amended by altering the time.

(5) The motion to commit may be amended by altering the committee or by giving instructions.

(6) A motion to amend and a motion to amend that amendment shall be in order, and it shall also be in order to offer a further amendment by way of substitute to which 1 amendment may be offered, but neither may be withdrawn before amendment or decision is had thereon.

(7) No motion or proposition postponed indefinitely shall be taken up again at the same or next succeeding meeting.

(8) A question shall be divided on the demand of any Council member, if it includes 2 or more distinct propositions.

(9) A motion to strike out and insert shall be indivisible, but a motion to strike out being lost shall neither preclude amendment nor motion to strike out and insert, and no consideration shall be submitted under color of amendment.

(10) When a motion has been made and carried or lost, it shall be in order for any member of the majority at the same or the next regular meeting, to move to reconsider the original motion. Such a motion on being made may be seconded by any Council member. The motion shall be subject to debate and requires a majority vote to prevail.

(H) When a resolution is offered or a report or other matter presented, the Presiding Officer may take the receipt of the matter for granted, unless objection is made, at which time a formal motion shall be required.

(I) Appeals, questions of order, objection to the consideration of a question, the reading of papers, leave to withdraw a motion and suspension of the rules are questions which shall take precedence of and be decided before the question which gave rise to them which several questions cannot be amended. All questions of order which may arise pending the consideration of a different question are not debatable and must be immediately decided.

(Ord. 2008-1947, passed 2-25-2008; Am. Ord. 2016-2096, passed 1-25-2016)

31.42 ORDINANCES AND RESOLUTIONS.

(A) All legislation of the city shall be by ordinance or by resolution. A resolution, as used in this chapter, shall be the official action of the Council in the form of a motion. Resolutions are actions limited to matters required or permitted to be done by resolution by this chapter or by state or federal law. Generally resolutions are focused upon matters pertaining to the internal affairs or concerns of the city government. Each proposed resolution shall be assigned a resolution number when properly filed with the Office of the Clerk-Treasurer. Each resolution shall have a short title identifying the subject matter of the resolution, followed by “whereas” clauses which set forth the background information of the resolution. Following the end of the “whereas” portion, the next paragraph shall begin with the words: “Now, therefore; be it resolved by the Common Council of the City of Plymouth, Indiana, as follows:”. Immediately thereafter, a section by section format shall follow.

(B) All matters of a general and permanent nature which address issues embodied within the Code of Ordinances of the city, which establish fees, which regulate conduct, or which prescribe penalties, shall be submitted in the form of an ordinance. An ordinance shall be identified by a number assigned to it upon proper filing with the Office of the Clerk-Treasurer. Each ordinance shall also be identified by a short title, or by a code section number when a codification or compilation of ordinances is completed. Ordinances shall be numbered in the order as they are received by the Office of the Clerk-Treasurer for inclusion upon the Council’s proposed agenda.

(1) Each proposed ordinance shall begin with a preliminary “Statement of Purpose and Intent” which shall set forth the overall purpose(s) of the bill, as well as relevant background information about governing local, state or federal law or policies. Following the “Statement of Purpose and Intent,” the next paragraph shall begin with the words: “NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Plymouth, Indiana, as follows:”. A section by section format shall then follow.

(a) All proposed ordinances requesting to add words to an existing ordinance shall place in bold type the proposed word additions.

(b) All proposed ordinances requesting the deletion of words from an existing ordinance shall indicate the deletion by a dash (---------) through the word or words.

(2) Ordinances and resolutions may be accompanied with a letter or memorandum elaborating upon the proposed ordinance or resolution, beyond the information contained within the section entitled “Statement of Purpose and Intent.”

(3) Every proposed ordinance and resolution shall either be prepared by the City Attorney, or examined and approved as to form by the City Attorney, prior to the time it is formally filed with the Clerk-Treasurer. After such examination and approval by the City Attorney, the Clerk-Treasurer shall assign an ordinance or resolution number and shall place the proposed ordinance or resolution by number and title on the Council’s agenda for its next regularly scheduled meeting.

(C) Every ordinance shall be read by title 3 times before its passage, unless pursuant to subsection (D) of this section the ordinance is read in full on the second reading. No ordinance shall be read the third time at the same meeting it is introduced unless by unanimous vote of all Council members present, and there being present at least 2/3 of the Council members (5 Council members). The suspension of this rule, unless otherwise prohibited by Indiana law, may be recorded by a yea and nay voice vote.

(D) Every ordinance shall be read by title on second reading unless the Council members request by majority voice vote of all the Council members present, and there being present at least 2/3 of the Council members, that the ordinance be read orally in its entirety, in which case the ordinance shall be read in full on second reading.

(E) No item shall appear on the agenda of a regular meeting of the Council unless the item has been filed in the Office of the Clerk-Treasurer on or before 3:00 p.m. on the Wednesday immediately prior to the regular meeting. This rule does not apply to special meetings, nor does this rule prohibit the advancement of a motion to amend the agenda to include new matters during any meeting, unless otherwise prohibited by Indiana law.

(F) When an ordinance is introduced, it shall be read by title, after which the Presiding Officer shall state: “This is the first reading of the ordinance; if there is no objection by any Council member, the ordinance shall be set for second reading at the next regularly scheduled Council meeting.” If there is no objection, the ordinance shall be set for second reading. If there is objection, it shall be in order for any Council member to make a proper motion for disposition of the ordinance.

(G) Any ordinance may be stricken from further consideration at any time before passage by a 2/3 vote of all Council members elected (5 Council members).

(H) Any ordinance failing to receive a sufficient number of votes will be considered as lost or defeated, provided the vote is not reconsidered, as authorized by § 31.41(G)(10). All votes on the passage of ordinances and resolutions, and on motions to reconsider shall be by roll call.

(I) When a resolution is introduced, it shall be read by title only, after which, if there is no objection, it shall stand ready for adoption. If there is objection, it shall be in order for any Council member to make a proper motion for disposition of the resolution.

(J) No proposal to rescind or change any standing rule or order of the Council shall be passed at the same meeting it is submitted, nor shall any proposition having the force and effect of a by-law or a standing rule or the like relating to the government of the Council or the duties of any of the city officers be passed except in the form of an ordinance and according to the forms prescribed for the passage of ordinances.

(K) The effective date of all ordinances shall be prescribed by the terms of the ordinance. However, no ordinance shall become effective before its publication, if required by Indiana law.

(L) Unless an ordinance shall expressly provide to the contrary, if any portion of an ordinance or the application thereof to any person or circumstance shall be found to be invalid by a court of competent jurisdiction, the invalidity shall not affect the remaining portions or applications of the ordinance which can be given effect without the invalid portion or application, provided the remaining portions or applications are not determined by the court to be inoperative. Thus, the provisions of all ordinances are declared to be severable, unless contrary to Indiana law or unless specifically declared otherwise by the terms of the ordinance in question.

(M) When a motion on any ordinance or resolution has been made and carried or lost, it shall be in order for any member of the prevailing side, at the same or the next regular meeting, to move for reconsideration. Such a motion upon being made may be seconded by any Council member. The merits of the motion are debatable and passage of the motion requires a majority vote of the elected Council (4 Council members) to prevail.

(Ord. 2008-1947, passed 2-25-2008; Am. Ord. 2016-2096, passed 1-25-2016)

31.43 ORDER OF BUSINESS.

The order of business of the regular meetings of the Council shall be considered in the following sequence, unless the rule is suspended by a 2/3 vote (5 members of the Council):

(A) Call to order, pledge and prayer, roll call;

(B) Minutes of last scheduled meeting and special meetings;

(1) Reports of Council members, the Mayor or Clerk-Treasurer on previous business;

(2) Ordinances on second and third reading; and

(3) Tabled ordinances, resolutions and the like.

(D) New business:

(1) Reports by Council members, the Mayor, the Clerk-Treasurer or department heads;

(2) Ordinances on first reading presented by the City Attorney;

(3) Resolutions presented by either the City Attorney or the Clerk-Treasurer;

(4) Other new business;

(E) Privilege of the floor directed only to agenda items;

(F) Acceptance of communications; and

(G) Adjournment.

(Ord. 2008-1947, passed 2-25-2008; Am. Ord. 2016-2096, passed 1-25-2016)

31.44 PRESENTATION OF ORDINANCE.

An ordinance shall be presented to the Council for its consideration in substantially the following form:

(A) The Presiding Officer shall request the City Attorney to read the proposed ordinance by title only, after which the Presiding Officer shall state: “This is the first reading of the ordinance; if there is no objection by any Council member, the ordinance shall be set for second reading at the next regularly scheduled Council meeting.” If there is no objection, the ordinance shall be set for second reading. If there is objection, it shall be in order for any Council member to make a proper motion for disposition of the ordinance.

(B) At the next regularly scheduled Council meeting, the ordinance shall be scheduled for both second and third readings. Upon reaching that point in the agenda, the Presiding Officer shall request the City Attorney to read the proposed ordinance by title only. A Council member may request by majority voice vote of all the Council members present, and there being present at least 2/3 of the Council members (5 Council members), that the ordinance be read orally in its entirety, in which case the ordinance shall be read in full on second reading.

(1) Upon completion of the reading of the ordinance by title only, or having been read in its entirety as the case may be, the Presiding Officer shall then ask for a motion and a second to pass the ordinance on second reading.

(2) Upon a motion and a second to pass the ordinance on second reading, the Presiding Officer shall then open the Council floor for any discussion on the ordinance by Council members.

(3) Upon completion of discussion on the ordinance by Council members, the Presiding Officer shall close the Council floor and open the public floor for any comments by the audience.

(a) Comments by the audience are generally limited to a discussion of the merits, or lack of merit, of the proposed ordinance.

(b) Each member of the public wishing to speak should begin by giving his or her name and address for the record.

(c) No member of the public may speak twice on the same issue unless a majority of the Council present vote to allow a second presentation.

(4) Upon completion of discussion on the ordinance by audience members, the Presiding Officer shall then close the public floor and return the discussion to the Council.

(5) Upon completion of any further discussion on the ordinance by the Council, the Presiding Officer shall then request the Clerk-Treasurer to take a roll call vote on passage of the ordinance on second reading.

(6) Any ordinance failing to receive a sufficient number of votes will be considered as lost or defeated, provided the vote is not reconsidered, as authorized by § 31.41(G)(10).

(7) Should the ordinance receive a favorable vote by a majority of the elected Council members (4 Council members), the Presiding Officer shall then ask for a motion and a second to pass the ordinance on third reading. The Presiding Officer shall then request the Clerk-Treasurer to read the ordinance by title only and conduct a roll call vote of the Council.

(8) A proposed ordinance that receives a favorable vote by a majority of the elected Council members (4 Council members) shall be considered as an ordinance that has passed the Council. The Presiding Officer shall sign the proposed ordinance and the Clerk-Treasurer shall attest to its authenticity. The Clerk-Treasurer shall then present the proposed ordinance to the Mayor for approval or veto in accordance with Indiana law.

(Ord. 2008-1947, passed 2-25-2008; Am. Ord. 2016-2096, passed 1-25-2016)

31.45 PRESENTATION OF RESOLUTION.

A resolution shall be presented to the Council for its consideration in substantially the following form:

(A) The Presiding Officer shall request either the City Attorney or the Clerk-Treasurer to read the proposed resolution by title only, after which if there is no objection, the resolution shall stand ready for adoption. If there is objection, it shall be in order for any member of the Council to make a proper motion for disposition of the resolution.

(B) Upon the resolution postured for adoption, the Presiding Officer shall ask for a motion and a second to adopt the resolution.

(1) Upon a motion and a second to adopt the resolution, the Presiding Officer shall then open the Council floor for any discussion on the resolution by Council members.

(2) Upon completion of discussion on the resolution by Council members, the Presiding Officer shall close the Council floor and open the public floor for any comments by the audience.

(a) Comments by the audience are generally limited to a discussion of the merits, or lack of merit, of the proposed resolution.

(b) Each member of the public wishing to speak should begin by giving his or her name and address for the record.

(c) No member of the public may speak twice on the same issue unless a majority of the Council present vote to allow a second presentation.

(3) Upon completion of discussion on the resolution by audience members, the Presiding Officer shall then close the public floor and return the discussion to the Council.

(4) Upon completion of any further discussion on the resolution by the Council, the Presiding Officer shall then request the Clerk-Treasurer to take a roll call vote on adoption of the resolution.

(5) Any resolution failing to receive a sufficient number of votes will be considered as lost or defeated, provided the vote is not reconsidered, as authorized by § 31.41(G)(10).

(6) A proposed resolution that receives a favorable vote by a majority of the elected Council members (4 Council members) shall be considered adopted. The Presiding Officer shall sign the proposed resolution and the Clerk-Treasurer shall attest to its authenticity. The Clerk-Treasurer shall then present the resolution to the Mayor for approval or veto in accordance with Indiana law.

(Ord. 2008-1947, passed 2-25-2008; Am. Ord. 2016-2096, passed 1-25-2016)

APPENDIX: MAP OF PLYMOUTH COUNCILMANIC DISTRICTS

(Ord. 2012-2031, passed 3-26-2012)