HomeMy WebLinkAbout1027_Part 2, Ch 4 Section 2-412_Addressing the CouncilFJ,IKTU~ Tulsa County Clerk - PAT KEY
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..,SO,OKLAHOMA
ORDINANCE NO. 1027 City Glerk's Office
AN ORDINANCE AMENDING PART 2, ADMINISTRATION & GOVERNMENT, CHAPTER 4, RULES OF
PROCEDURE FOR THE CITY COUNCIL, BY AMENDING SECTION 2-412, ADDRESSING THE
COUNCIL, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT:
SECTION ONE (1): AMENDMENT OF SECTION 2-412
Part Two, Administration & Government, Chapter Four, Rules of Procedure for the City
Council, Section 2-412 of the Code of Ordinances of the City of Owasso, Oklahoma shall be
amended to read as follows:
SECTION 2-412 ADDRESSING THE COUNCIL
Any person desiring to address the council during the meeting shall first seek the
Mayor's recognition to do so:
A. Written communications. Interested parties or their authorized representatives
may address the council by written or electronic communications.
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, preference shall be given those
persons who have notified the city clerk in advance of their desire to speak in
order that some may appear on the agenda of the city council. Absent an
emergency situation, no action will be taken by the city council on a matter
deemed not listed on the agenda and falling within the new business section
of the agenda.
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to
the extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION FIVE (5): CODIFICATION
This ordinance shall amend Part 2, Chapter 4, Section 2-412 of the Owasso Code of
Ordinances.
PASSED by the City Council of the City of Owasso, Oklahoma on the ]Wll day of
November, 2013.
g B`onebrake, ayor
ATTEST:
Sherry Bishop, Ci " .(r4,erJ
APPROVED AS TO FORM:
Julie mbard, City Attorney
2
PUBLISHER'S AFFIDAVIT
ORD NO. 1027
PUBLICATION DATE(S)
11/28/13
RECEIVED F;~T
City Clerk's Orrli e
174367
Published in the Owasso Reporter, Owasso, Tulsa County.
Oklahoma, November 28, 2013.
CITY OF OWASSO. OKLAHOMA
ORDINANCE NO. 1027
CASE NUMBER: ORD NO. 1027
AN ORDINANCE AMENDING PART 2, ADMINISTRATION & GOV-
ERNMENT, CHAPTER 4, RULES OF PROCEDURE FOR THE
CITY COUNCIL, BY AMENDING SECTION 2.412, ADDRESSING
THE COUNCIL, OF THE CODE OF ORDINANCES OF THE CITY
OF OWASSO, OKLAHOMA.
AD NO: 00174367
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a weekly newspaper
of general circulation in Tulsa, Oklahoma, a newspaper quali-
fied to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 as amended, and thereafter, and complies with all
other requirements of the laws of Oklahoma with reference to
legal publications. That said notice, a true copy of which is
attached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
a supplement, on the ABOVE LISTED DATE(S)
IV U1,1 u. 6'11aoi6t
Representative Si- ture
Subscribed to and sworn to me this 29th day of November, 2013.
Notary Public
ncy Carol Moore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO-WIT:
SECTION ONE (1): AMENDMENT OF SECTION 2.412
Part Two, Administration & Government, Chapter Four, Rules of
Procedure for the City Council, Section 2-412 of the Code of
Ordinances of the City of Owasso, Oklahoma shall be amended
to read as follows:
SECTION 2-412 ADDRESSING THE COUNCIL
Any person desiring to address the council during the meeting
shall first seek the Mayors recognition to do so:
A. Written communications. Interested parties or their author-
ized representatives may address the council by written or elec-
tronic communications.
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 busi-
ness, or any matter over which the council has control; provided.
however, preference shall be given those persons who have noti-
fied the city clerk in advance of their desire to speak in order that
same may appear on the agenda of the city council. Absent an
emergency situalion, no action will be taken by the city council
on a matter deemed not listed on the agenda and falling within
the new business section of the agenda.
SECTIONTWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional,
invalid or ineffective, the remaining portion shall not be affected but
shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30)
days from the date of final passage as provided by state law.
SECTION FIVE (5): CODIFICATION
This ordinance shall amend Part 2. Chapter 4, Section 2-412 of the
Owasso Code of Ordinances.
PASSED by the City Council of the City of Owasso, Oklahoma on the
19th day of November, 2013.
/s/ Doug Bonebrake, Mayor
My commission number: 06011684
My commission expires: December 8, 2014
Is/ Sherry Bishop. City Clerk
/sI Julie Lombardi, City Attorney
Customer 00000779
Customer: CITY OF OWASSO
NANCY CAROL MOOM
Publisher's Fee: 98.00 (VOTARY PUBLIC
STATE OF OKLAHOMA
COMMISSION NO. 06011684
EXPIRES 12.8-2014
0eThM#
City Wit out Limits.
APPROVED BY COUNCIL
NOV 19 2013
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Sherry Bishop
Assistant City Manager
SUBJECT: Rules of Procedure for Addressing the City Council
DATE: November 15, 2013
BACKGROUND:
During the August, September, October, and November worksessions, ambiguous Ordinance
language related to a citizen's opportunity to address the City Council was discussed. Staff
presented an overview of various sections of the current ordinance that outline a procedure for
persons desirous to address the City Council as well as proposed revisions that would clarify any
confusion regarding the city's process.
Based on those discussions, Ordinance No. 1027 has been drafted for City Council consideration
and appropriate action. This ordinance would amend Part Two, Administration & Government,
Chapter Four, Rules of Procedure for the City Council, Section 2-412 of the Code of Ordinances.
PROPOSED ORDINANCE:
The proposed amendments to the Ordinance are shown below using strikethroughs for
language to be deleted and red highlight for language to be added. The proposed Ordinance
is attached for your review.
SECTION 2-412: ADDRESSING THE COUNCIL
Any person desiring to address the council during the meeting shall first SeGUF8
the permirrien of seek the Ayer Mayor's recognition to do so; pr^"ided, heweyor, thGt
withe ! se Gi jrinn P GF PormirriGR
,
A. Written communications. Interested parties or their authorized
representatives may address the council by written or electronic communications. iR
rrGFd te rrmGfferr th°n 1 inrlor e^lirr~ irrinn
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, preference shall be given those persons who have notified
the city clerk in advance of their desire to speak in order that same may appear on the
agenda of the city council. Absent an emergency situation, no action will be taken by
the city council on a matter deemed not listed on the agenda and falling within the new
business section of the agenda.
RECOMMENDATION:
Staff recommends Council adoption of Ordinance No. 1027.
ATTACHMENTS:
Ordinance No. 1027
Memo dated October 8, 2013: Rules of Procedure for Addressing the City Council
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Sherry Bishop
Assistant City Manager
SUBJECT: Rules of Procedure for Addressing the City Council
DATE: October 8, 2013
BACKGROUND:
The Open Meeting Act does not require a public body to provide opportunity for individuals to
express their views; the City of Owasso has a long standing practice of permitting citizens to
address the Council as illustrated in Ordinance No. 347, approved in 1985. This topic arose
following a citizen request to address members of the City Council during a regular meeting and
confusion with the wording contained in Section 2-412 that sets the rules of procedure for
addressing members of the Council. This section states that any person desiring to address the
council shall first secure the permission of the Mayor to do so. However, it is not specific as to
when a person must secure permission of the Mayor.
In 1985, the Council adopted Ordinance No. 347 setting, among other things:
• Section 2-404 (Agenda) the process for submitting items to be included on a meeting
agenda;
• Section 2-409 (Order of Business) the order in which council business is to be conducted,
and
Section 2-412 (Addressing the Council) outlining the procedure by which an individual
can address the council.
These three particular sections of the Ordinance together provide a framework for citizens who
desire to have an item placed on an agenda or to address the Council. However, when read
separately, these sections can create confusion, as experienced recently.
During the August and September Council worksessions, discussion was held regarding the city's
current procedure and procedures used by other communities as a means for providing citizens
an opportunity to address Council members. Following discussion, the Council requested staff
review the current ordinance language and propose revisions that would clear up any
confusion regarding the city's process.
ORDINANCE REVIEW:
SECTION 2-404, AGENDA:
This section of the Ordinance outlines the process for placing items on a Council agenda for
consideration. To summarize, all matters to be submitted to the council shall be delivered to the
city clerk at least five calendar days prior to the council meeting. The city clerk will arrange
each matter according to the order of business (Section 2-409) and furnish copies to each
member of the council, the city manager, and the city attorney. In addition, this section states
that matters placed on the agenda shall be by request of the council, city manager, city clerk,
or city attorney,
It is important to note that this section does not endorse the inclusion of items on an agenda by
the citizens at large. Staff has interpreted language from Section 2-404 (deliver five days before
meeting to city clerk) and 2-412 (notified city clerk ...so that same may appear on agenda) as
the process by which citizens can place a matter on a Council agenda.
SECTION 2-409, ORDER OF BUSINESS:
This section of the Ordinance contains subsection A and subsection B. In 2010, the Council
approved Ordinance No. 969 amending subsection B to read "the business of the City shall be
taken up for consideration and disposition by the Council in the order set forth in the ordinance
or according to the posted agenda." This amendment was necessary due to the language
being outdated and not accurately reflecting the current practices followed by the City
Council.
Subsection B indentifies the order in which the city clerk assembles the agenda for city business
to be considered and disposed:
1. Call to order;
2. Flag salute;
3. Roll call;
4. Consideration of Consent Agenda;
5. Introduction and adoption of resolutions and ordinances;
6. Consideration of petitions, contracts, and communications;
7. Report from City Manager;
8. Report from City Attorney;
9. Report from City Councilors;
10. New business; and
11. Consideration of requests for Executive Sessions, as permitted by law
SECTION 2-412, ADDRESSING THE COUNCIL:
This section of the Ordinance states that any person desiring to address the council shall first
secure the permission of the Mayor to do so. A further provision in this section states that under
"certain headings of business," persons may address the council without securing prior
permission. Those headings of business are written communications and oral communications.
This would assume that during a meeting, under an item titled "Communications," a person may
address the Council without securing permission of the Mayor. However, the language used to
construct this section is conflicting and the intent of seeking the permission of the Mayor is open
to interpretation.
Currently, citizens are afforded an opportunity to comment on business matters listed on the
meeting agenda, following the Mayor's invitation for public comment. A citizen who would like
to add a specific matter of business to a Council agenda can do so by notifying the City Clerk
at least five days prior to the meeting. Additional opportunities for citizens to address members
of the Council outside of a meeting are by written and electronic correspondence.
PROPOSED ACTION:
Since 1985, the formatting for agendas and wording of business matters has evolved to
accommodate the continuously changing circumstances and contingencies which inevitably
arise with public meetings. While a comprehensive review and revision of the Ordinance may
be needed, staff is of the opinion that a few simple wording changes may alleviate the most
recent confusion in Section 2-412.
SECTION 2-412: ADDRESSING THE COUNCIL
Any person desiring to address the council during the meeting shall first secure-the
perrnissier--ef seek the mayor Mayor's recognition to do so; pre~dee} t ewever ##a# c~adar thse
#o4levriag-kaead+r~gs-ef-business;-e ray--qua N##ied-person-rx~ay-address-t#~e-eeaneil-wi#Jae~+#-3ecttring
prior-per missien
A. Written communications. Interested parties or their authorized representatives
may address the council by written or electronic communications. in regard #e a3a##ers then
under-disc-ussien,
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,
preference shall be given those persons who have notified the city clerk in advance of their
desire to speak in order that some may appear on the agenda of the city council. Absent an
emergency situation, no action will be taken by the city council on a matter deemed not listed
on the agenda and falling within the new business section of the agenda.
Further discussion remains with the City Council.
ATTACHMENT:
Part 2, Administration and Government, Chapter 4 - Rules of Procedure for City Council
Administration and Government
CHAPTER 4
RULES OF PROCEDURE FOR THE CITY COUNCIL
Section 2-401 General Provisions
Section 2-402 Regular Meetings
Section 2-403 Special Meetings
Section 2-404 Agenda
Section 2-405 Presiding Official; Election of Duties
Section 2-406 Order
Section 2-407 Roll Call
Section 2-408 Quorum
Section 2-409 Order of Business
Section 2-410 Reading of Minutes
Section 2-411 Rules of Debate
Section 2-412 Addressing the Council
Section 2-413 Addressing the Council After Motion Made
Section 2-414 Manner of Addressing Council, Time Limit
Section 2-415 Decorum
Section 2-416 Enforcement of Decorum
Section 2-417 Special Committees
Section 2-418 Standing Committee
Section 2-419 Members May File Protest Against Council Action
Section 2-420 Claims Against City
Section 2-421 Ordinances, Resolutions, Motions and Contracts
Section 2-422 Adjournment
Section 2-423 Disturbing Council Meetings
SECTION2-401 GENERAL PROVISIONS
The following provisions, unless modified by subsequent ordinance consistent with Section 1-106 of
this code, shall govern the conduct of all regular, special and emergency meetings of the city council of
the city. (Ord. No. 347, 11/5/85)
SECTION 2-402 REGULAR MEETINGS
A. Time. The city council shall hold regular meetings on the first and third Tuesday of each
month at 6:30 P.M.; provided, however, that when the day fixed for any regular meeting of the city
council falls on a day designated by law as a legal or national holiday, a day wherein an election is held
within the city, or a day wherein a majority of the members of the city council shall be absent from the
city, the council, not less than ten (10) days prior to the date for implementation of any such change, may,
by motion, change the date, time or place of a regularly scheduled meeting of the city council, provided
written notice thereof is contemporaneously given the city clerk of the city. (Ord. No. 583, 7/21/98)
B. Place. All regular meetings of the city council shall be held in the council chambers, 109
North Birch, Owasso, Oklahoma, unless the location of a meeting shall be changed as provided in
subsection A hereof. (Ord. No. 347, 11/5/85; Ord. No. 969, 7/20/10)
SECTION 2-403 SPECIAL MEETINGS
The mayor may call special meetings of the city council whenever in his or her opinion the public
business may require it, or a special meeting shall be called at the express written request of any three (3)
members of the city council. Whenever a special meeting shall be called, a notice in writing signed by
Page 2-13
Administration and Government
the mayor or the city clerk attesting to the mayoral call shall be served upon each member of the council
either in person or by notice left at the council member's place of residence, stating the date, place 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 the notice. (Ord. No. 347, 11/5/85)
SECTION 2-404 AGENDA
All reports, communications, ordinances, resolutions, contract documents, or other matters to be
submitted to the council shall, at least five (5) calendar days prior to each council meeting, be delivered to
the city clerk, whereupon the city clerk shall arrange a list of such matters according to the order of
business and furnish each member of the council, the city manager and the city attorney with a copy of
same prior to the council meeting and as far in advance of the meeting as time for preparation will permit.
The foregoing should not be interpreted as precluding the utilization of addendum to the agenda; provided
however, that same complies with the requirements of the Oklahoma Open Meeting Act, and further, is of
an urgent nature as well as concerns a matter which could not have otherwise been transmitted to the city
clerk in a timely fashion. Inclusion of the foregoing matters on the agenda shall be by request of the
mayor or council member or by the city manager or the city clerk or the city attorney of the city.
Administrative officers may present matters for inclusion on the agenda, provided however, prior
approval thereof has been given by the city manager of city. (Ord. No. 347, 11/5/85)
SECTION 2-405 PRESIDING OFFICIAL ELECTION OF DUTIES
A. The presiding official of the city council shall be the mayor who shall be elected annually at
the first meeting in May of each year, by the members from their membership. The mayor shall assume
the chair of the presiding official immediately after his election.
B. The presiding official shall preserve strict order and decorum at all regular, special and
emergency meetings of the city 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. He shall vote on all questions, his name being called last. He shall sign
all ordinances and resolutions, and all other obligations of the city as authorized by the city council,
adopted by the council during his presence. In the event of the absence of the mayor, a vice-mayor,
elected from the membership at the first meeting in May of each year, shall be the presiding official, as
well as sign all ordinances, resolutions or obligations of the city as adopted by the city council, during his
presence. (Ord. No. 347, 11/5/85)
SECTION 2-406 ORDER
The mayor, or in his absence, the vice-mayor, or upon the occurrence of three (3) councilpersons
being present, the city clerk, or his assistant, shall call the council to order; whereupon a temporary
chairman shall be elected by the three (3) members of the council present. Upon the arrival of the mayor
or vice-mayor, the temporary chairman shall immediately relinquish the chair upon the conclusion of the
business immediately before the council. (Ord. 347, 11/5/85)
SECTION 2-407 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. No. 347, 11/5/85)
Page 2-14
Administration and Government
SECTION 2-408 QUORUM
A majority of all the members elected to the council shall constitute a quorum at any regular,
special or emergency meeting of the council. In the absence of a quorum, the mayor or vice-mayor in the
mayor's absence, shall, at the instance of any council member's present, compel the attendance of absent
members. (Ord. No. 347, 11/5/85)
SECTION 2-409 ORDER OF BUSINESS
A. All meetings, regular, special and emergency, except executive sessions as authorized by law,
shall be open to the public. No person shall be barred unless such person is disorderly or refuses to obey
the order of the mayor, or vice-mayor in the mayor's absence, or temporary chairman upon the event of
absence of either the mayor or vice-mayor, who may order the chief of police or any attending police
officer to eject any such person. The police department shall have at least one officer present or standing
by at each council meeting.
B. Promptly at the hour set by law on the day of each regular, special or emergency meeting, the
members of the city council, the city manager, the city clerk and the city attorney shall take their regular
stations in the council chambers and the business of the city council shall be taken up for consideration
and disposition in the following order or according to the posted agenda:
I . Call to order;
2. Flag salute;
3. Roll call;
4. Consideration of Consent Agenda
5. Introduction and adoption of resolutions and ordinances;
6. Consideration of petitions, contracts and communications;
7. Report from City Manager
8. Report from City Attorney
9. Report from City Councilors;
10. New business; and
11. Consideration of request for executive sessions. An executive session for any
permitted purpose under Oklahoma law may be listed in any location on an agenda.
(Ord No. 969, 7/20/10)
C. REPEALED (Ord. No. 347, 11/5/85; Ord. No. 969, 7/20/10)
SECTION 2-410 READING OF MINUTES
Unless the reading of the minutes of a council meeting is requested by a member of the council,
such minutes may be approved without reading if the city clerk has previously furnished each member
with a synopsis thereof. (Ord. No. 347, 11/5/85)
SECTION 2-411 RULES OF DEBATE
A. Mayor or vice-mayor may debate and vote. The mayor, vice-mayor or temporary chairman,
as the case may be, 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 council member by reason of acting as the presiding officer.
B. Getting the floor, improper references to be avoided, interruptions. Every member desiring to
speak shall address the chair, and say, "Mr. Mayor", and such member shall not proceed with the
member's remarks until named and recognized by the presiding officer. If any member is speaking, or
Page 2-15
Administration and Government
otherwise transgresses the rules of the city council, the mayor shall, or any member may, call such person
to order, and the member called to order shall immediately cease, unless permitted to explain, and the
council, if appealed to, shall decide without debate. If the decision be in favor of the member called to
order, he shall be at liberty to proceed. If against him and the case requires, he shall be liable to the
censure of the council. No person shall speak more than twice on the same question, unless permitted by
the council. No member of the council shall leave his seat to speak to any other member of the council or
any other person in the council chamber without first obtaining permission of the mayor. When the city
council is in session, or when a member is speaking, or the city clerk is reading any paper to the city
council, no member shall in any way disturb the proceedings of the city council. No member of the city
council shall be permitted to talk upon any one given subject longer than five (5) minutes at any given
meeting, except when permission be granted for an extension of time by a two-thirds (2/3) vote of the
members present at such meeting of the council. No members of the council shall, at any time in
addressing any meetings thereof, indulge in any personalities or indecorous language or in any matters or
things not pertaining to the subject under discussion. The right of the floor of the council shall be
accorded only to the members of the council and to the appointive officers of the city unless otherwise
provided for herein.
C. Privilege of closing debate. A council member moving for the adoption of an ordinance or
resolution shall have the privilege of closing the debate thereon. In all other cases the closing of debate
shall be governed by the presiding official unless by two-thirds (2/3) vote of the members present at such
meeting the council decides to extend debate for a time certain.
D. Motion to reconsider. A motion to reconsider may be made either immediately during the
same session, or at a recessed and reconvened session thereof only. Such motion need not be made by
one not of the prevailing side, and be seconded by any council member. Such motion shall take
precedence over all other motions and it shall be debatable.
E. Remarks of council members when entered in the minutes. Any council member may
request, through the presiding official, the privilege of having an abstract of the council member's
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.
F. Synopsis of debate-when entered in the minutes. The city clerk may be directed by the
presiding official, with consent of the council, to enter in the minutes a synopsis of discussion on any
question coming regularly before the council.
G. Motions. When a question before the council contains several propositions, any member may
call for a division of the question so as to vote on each proposition separately. Unless such request for
division is made, after preliminary discussion of an agenda item, the mayor shall, consistent with these
rules, call the matter for determination by the council. Subsequent to the mayor calling the matter for
determination, the procedure shall be as follows:
1. Main motion. Any member of the council desiring to offer a motion on a particular
agenda item shall so indicate by raising his or her hand to obtain the mayor's recognition. Subsequent to
the mayor recognising the member, the member will thereupon, in clear and concise terms, move to:
a. Continue the matter;
b. Table the matter indefinitely;
c. Take a certain course of action;
d. Approve for award a bid pending
required bond;
e. Adoption of Ordinance No.
waived;
the signing of the contract and furnishing the
and that the reading of the ordinance be
Page 2-16
Administration and Government
E Adoption of Resolution No. and that the reading of the resolution be
waived;
g. Approve or reject the claim of in the amount of; or
It. Approve consent agenda items.
Thereafter, members desiring to second such motion shall so indicate to the mayor by raising the
member's hand. Subsequent to the main motion receiving a second, the mayor shall call for a vote;
whereupon, the city clerk shall in varying order, with the mayor being called last, call for a roll call vote.
In all cases, the member making the motion, the member seconding the motion and the vote of the
members thereon shall be entered in the minutes of the council. Every council member abstaining from
voting on a motion or being silent to same shall be recorded as having cast a negative vote on such matter.
2. If no member offers a motion on an agenda item, the mayor shall again call for a.
motion. If no motion is presented after the second calling, the mayor shall declare the item fails for lack
of motion. Similarly, if no one seconds another member's motion, the mayor shall, after calling twice
therefore, declare that the motion fails for lack of a second.
3. Upon a motion having been offered and seconded, the mayor shall call for a vote.
4. Any time prior to the mayor's calling for vote of the council, a member may move to
amend the motion, which shall require a second. An amendment must be germane to the main motion
and be accepted by the member making the main motion and the member seconding same, if applicable.
H. Items previously voted on by council. An item previously decided by the city council may be
placed on the agenda as a new item of business only under the following circumstances:
1. When the vote by the city council occurred at least six (6) months before the item again
appears on the agenda;
2. Annually, when council members have been sworn into office and the item was voted
on by the previous council.
3. This section shall not apply to any matters dealing with initiation, prosecution, defense
or settlement of litigation brought by or against the city, its employees or agencies.
(Ord. No. 347, 11/5/85)
SECTION 2-412 ADDRESSING THE COUNCIL
Any person desiring to address the council shall first secure the permission of the mayor to do so;
provided, however, that under the following headings of business, any qualified person may address the
council without securing 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, preference shall be given
those persons who have notified the city clerk in advance of their desire to speak in order that same may
appear on the agenda of the city council. Absent an emergency situation, no action will be taken by the
city council on a matter deemed not listed on the agenda and falling within the new business section of
the agenda. (Ord. No. 347, 11/5/85)
Page 2-17
Administration and Government
SECTION 2-413 ADDRESSING THE COUNCIL AFTER MOTION MADE
After a motion is made by the council, no person shall address the council without first securing
permission of the council to do so. (Ord. No. 347, 11/5/85)
SECTION 2-414 MANNER OF ADDRESSING COUNCIL TIME LIMIT
Each person addressing the council shall stand up and seek the mayor's recognition. Upon
recognition by the mayor, such person addressing the council shall give his name and address in an
audible tone of voice for the records, and unless further time is granted by the council shall limit his
address to five (5) minutes. All remarks shall be addressed to the council as a body and not to any
member thereof. No person, other than the council and the person having the floor, shall be permitted to
enter into any discussion, either directly or through a member of the council, without the permission of
the mayor. No questions shall be asked of the councilman except through the mayor. (Ord. No. 347,
11/5/85)
SECTION 2-415 DECORUM
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 mayor, except as otherwise herein provided.
B. By persons. Any person making personal, impertinent, or slanderous remarks or who shall
become boisterous and unruly while addressing the council shall be forthwith, by the mayor, barred from
further audience before the council, unless permission to continue be granted by a majority vote of the
council. (Ord. No. 347, 11/5/85)
SECTION 2-416 ENFORCEMENT OF DECORUM
The chief of police, or such member or members of the police department as he may designate,
shall be sergeant-at-arms of the council meetings. He, or they, shall carry out all orders and instructions
given by the mayor for the purpose of maintaining order and decorum of the council meeting. Upon
instructions of the presiding official, it shall be the duty of the sergeant-at-arms, or any of them present, 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 official. (Ord.
No. 347, 11/5/85)
SECTION 2-417 SPECIAL COMMITTEES
All special committees shall be appointed by the presiding official, with confirmation by the
council. (Ord. No. 347, 11/5/85)
SECTION 2-418 STANDING COMMITTEE
The only standing committee of the council shall be the committee of the whole. The mayor shall
be the presiding official of the committee of the whole, and the rules of proceedings of the council shall
be observed in a committee of the whole as far as the same may be applicable. (Ord. No. 347, 11/5/85)
SECTION 2-419 MEMBERS MAY FILE PROTEST AGAINST COUNCIL ACTION
Any member shall have the right to have the reasons for his dissent from, or protest against, any
action the council entered on the minutes. (Ord. No. 347, 11/5/85)
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Administration and Government
SECTION 2-420 CLAIMS AGAINST CITY
No account or other demand against the city shall be allowed until the same has been considered
and reported upon and approved by the council. (Ord. No. 347, 11/5/85)
SECTION 2-421 ORDINANCES RESOLUTIONS MOTIONS AND CONTRACTS
A. Ordinances. All ordinances, unless otherwise provided for herein, 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 city manager.
B. Prior approval by administrative staff. 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 further, such shall have been examined and approved for
administration by the city manager or his authorized representative, where there are substantive matters of
administration involved. All such instruments shall have first been referred to the head of the department
under whose jurisdiction the administration of the subject matter of the ordinance, resolution or contract
document would devolve and be approved by the department head; provided, however, that if approval is
not given, then the same shall be returned to the city manager with a written memorandum of the reasons
why such approval is withheld. In the event the questioned instrument is not redrafted to meet a
department head objection, or objection is not withdrawn and approval in writing given, then the city
manager shall so advise the council and give the reasons advanced by the department head for
withholding approval.
C. Ordinances and resolutions, introduction for passage and approval.
1. Ordinances and resolutions must be introduced and sponsored by a member of the
council, except that the city manager may present ordinances and resolutions, and any council member
may assume sponsorship thereof by moving that such ordinance or resolution be adopted; otherwise, they
shall not be considered.
2. No ordinance shall relate to more than one subject, which shall be clearly expressed in
its title.
3. When any person, persons or corporations shall present an ordinance to the council
asking for any franchise, lease, privilege, right-of-way, occupancy or otherwise, of any street, alley,
wharf, landing, park, square, or any public ground or property, or any extension of a previous grant of the
same or the closing of any street or alley, they shall furnish to the council an original and eight (8) copies
of the ordinance printed, and if required by a majority vote of the council, the person, persons, or
corporations presenting such ordinance shall provide each member of the council, the city manager, the
city attorney, and the city clerk, a plat of the property. No ordinance shall be considered until these terms
have been complied with.
(Ord. No. 347, 11/5/85)
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Administration and Government
SECTION 2-422 ADJOURNMENT
A motion to adjourn shall always be required to end any meeting of the council. Further, a motion
to adjourn shall always be in order and decided without debate. (Ord. No. 347, 11/5/85)
SECTION 2-423 DISTURBING COUNCIL MEETINGS
It is unlawful for any person to, during the course of any regular, special or emergency meeting of
the city council of the City of Owasso, Oklahoma, engage in any conduct calculated to or resulting in a
disruption or disturbance of the administration of the public business coming before the city council. Any
person deemed in violation of this ordinance may be summarily removed from the council chambers of
the city hall by the sergeant-at-arms on order of the presiding official of any meeting. Any violation of
this ordinance may be punishable in the manner provided in Section 1-108 of this code. (Ord. No. 347,
11/5/85)
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