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HomeMy WebLinkAbout969_Amending Section 2.402 & 2.409_Council PocedureTulsa County Clerk - EARLENE WILSON Doc # 2010063789 Page(s): 4 Recorded 07/22/2010 at 10:12 AM Receipt # 220318 Fee $19.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 969 AN ORDINANCE AMENDING PART 2, ADMINISTRATION & GOVERNMENT, CHAPTER 4, RULES OF PROCEDURE FOR THE CITY COUNCIL, BY AMENDING SECTIONS 2-402, REGULAR MEETING, AND 2-409, ORDER OF BUSINESS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE AMENDS PART 2, CHAPTER 4, BY AMENDING SECTIONS 2-402 AND 2-409 OF THE CITY OF OWASSO CODE OF ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): AMENDMENT OF SECTIONS 2-402 AND 2-409 Part Two, Administration & Government, Chapter Four, Rules of Procedure for the City Council, Sections 2-402 and 2-409 of the Code of Ordinances of the City of Owasso, Oklahoma shall be amended as follows: SECTION 2-402 REGULAR MEETING 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, 301 South Cedar, Owasso, Oklahoma, unless otherwise provided in subsection A hereof. PROPOSED AMENDMENT TO SECTION 2-402 REGULAR MEETING: A. No Change. B. Place. All regular meetings of the city council shall be held in the council chambers, 109 N. Birch, Owasso, Oklahoma, unless the location of a meeting shall be changed as provided in subsection A hereof. 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: 1. Call to order; 2. Flag salute; 3. Roll call; 4. Approval of minutes of previous meeting; 5. Consideration of unfinished business from previous meeting; 6. Introduction and adoption of resolutions and ordinances; 7. Consideration of petitions, contracts and communications; 8. Report of officers; 9. Approval of claims; 10. New business; and 11. Consideration of request for executive sessions. C. The order of disposition of the matters to be taken up for consideration by the council may be rearranged by the direction of the mayor, or the vice-mayor in the mayor's absence, or the temporary chairman in the event of absence of the mayor and vice-mayor, the concept of the mayoral prerogative being hereby preserved. PROPOSED AMENDMENT TO SECTION 2-409 ORDER OF BUSINESS - A. No Change. 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: 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 request for executive sessions. An executive session for any permitted purpose under Oklahoma law may be listed in any location on an 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, Sections 2-402 and 2-409 of the Owasso Code of Ordinances. PASSED by the City Council of the City of Owasso, Oklahoma on the 20th day of July, 2010. 3 Bonebrake, Mayor ATTEST: ) Sherry Bishop, City Clerk Jon Sinex, Vice Mayor (SEAL) APPROVED as to form and legality this day of July, 2010. City Attorney OFFICIAL SEAL 4 PUBLISHER'S AFFIDAVIT PUBLICATION DATE(S) 07/28/10 CASE NUMBER: ORD NO. 969 AD NUMBER: 00107311 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa I SS 1, 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) Representative Signature Subscribed to and sworn to me this 29th day of July, 2010. Notary Public Z4ZO4 tL�� /J'OU CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 210.00 NANCY CAROL. MOM Notary Public -Staf9 of Oklahoma Iulta County My Common EVires December 8, 2010 Commission # 06011684 107311 Published in the Owasso Reporter. Owassa, Tulsa County, Okla- homa, July 2B, 2010. CITY OF OWASSO. OKLAHOMA ORDINANCE NO. 869 AN ORDINANCE AMENDING PART 2, ADMINISTRATION ! GOVERNMENT, CHAPTER 4. RULES OF PROCEDURE FOR THE CITY COUNCIL, BY AMENDING SECTIONS 2402, REGU- LAR MEETING, AND 2 -409, ORDER OF BUSINESS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLA- HOMA. THIS ENDINGI R CHAPTER SECTIONS 2.402 AND2 -409 OFTHE CITY BY AM OF OWASSO CODE OF ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE 0Y AMENDMENT OF SECTIONS 2402 AND 2409 Part Two, Administration 8 Government, Chapter Four, Rules of Procedure for the City Council, Sections 2 -402 and 2 -409 of the Code of Ordinances of the City of Owasso. Oklahoma shall be amended as follows: SECTION 2402 REGULAR MEETING A. Time. The city council shall hold regular meetings on the first and third Tuesday of each month at 6 30 P.M.; provided, how- ever, 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 holi- day, 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 ab- sent ham 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 contemporsne- Cosly given the city clerk of the city. (Ord. No. 583, 721/98) B. Place. All regular meetings of the city council shall be held in the council chambers, 301 South Cedar, Owasso, Oklahoma, unless otherwise provided in Subsection A hereof. pROPOSED AMENDMENT TO SECTION 2402 REGULAR MEETING A. No Change. B. Place. All regular meetings of the clry wall all be held in the council chambers, 109 N. 9irich. Owasso, Okla- homa, unless the location of a meeting shall be changed as provided in subsection A hereof. SECTION 2409 ORDER OF BUSINESS A. All meetings, regular, special and emergency, except execu- twe sessions as authorized by law, shall be open to the public. No person shall be bared unless such person Is disorderly or refuses to obey the order of the mayor, or vice -mayor in the mayor's ab- sence, 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 elect any such person. The police de- partment 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. 1. Call to order, 2. Flag salute', 3. Roll cell; 4. Approval of minutes of previous meeting; 5. Consideration of unfinished business from previous meet- ing; 6. Introduction and adoption of resolutions and ordinances; 7. Consideration of petitions, contracts and communications; 8- Report of officers; 9. Approval of claims; 10. New business; and 11. Consideration ofrequast for executive sessions. C. The order of disposition of the matters to be taken up for consideration by the council may be rearranged by the direction of the mayor, or the vice -mayor in the mayors absence, or the tem- porary chairman in the event of absence of the mayor and vice - mayor, the concept of the mayoral prerogative being hereby preserved. PROPOSED AMENDMENT TO SECTION 2402 ORDER OF BUSINESS, A. No Change. 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 attor- ney shall take their regular stations in the council cham- bers and the business of the city council shall be taken up for consideration and disposgion in the following order or according to the posted agenda; 1. Call to order; 2. Flag salute; 3. Roll call; 4. Consideration of Consent Agenda: 5. Introduction and Adoption of Resolutions and Ordinances; 6. Consideratlon of Petlllons. Contracts and Communica- tions; 7. Report from City Manager; 8 Report from City Attorney; 91 Report from City Councilors; 10. New business; and 11 COnsideretion of request for executive sessions. An ex- ecutive session for any permitted purpose under Oda - home law may be listed in any location on an agenda. SECTION TWO (2): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the confiid only. SECTION THREE (3): SEVERABILITY If any pan organs of this ordinance are deemed unconstitutional, invalid or Ineffective, the remaining portion shall not be affected bit shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall became effective thirty (30) days from the des of final passage as provided by state law. SECTION FR E (S): CODIFICATION This ordinance shall amend Part 2, Chapter 4, Sections 2402 and 2409 of the Owasso Code d Ordinances. PASSED by the City Council of the CM of Owasso. Oklahoma on the 20th day of July, 2010 /s/ Doug Bonebreke Mayor ATTEST: /s/ Sherry Bishop, City Clerk APPROVED AS TO FORM: /s/ Julie Lombard, City Attorney APPROVED BY COUNCIL, MEMORANDUM JUL 10 610 TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: AMENDMENT OF RULES OF PROCEDURE FOR THE CITY COUNCIL IN PART 2, CHAPTER 4; ORDINANCE NO. 969 DATE: July 16, 2010 BACKGROUND Staff is in the process of reviewing all City ordinances and developing recommendations for making needed additions, deletions and changes to the City's Code of Ordinances. This process is being done as Staff prepares to make access to the ordinances available from the City's website. As a part of that preparation, two ordinances are initially presented for City Council consideration which, if approved, would 1) amend the current section regulating procedure followed in City Council meetings, and 2) repeal a significant portion of the chapter governing administration and control of the City's parks. Reasons for the proposed changes are discussed separately below. DISCUSSION OF PROPOSED CHANGES TO ORDINANCES A. Amendments to Part 2, Chapter 4, Rules of Procedure for the City Council Two ordinances within Part 2, Chapter 4, Rules of Procedure for the City Council, currently contain language which is outdated or does not accurately reflect current practices followed by the City Council. Specifically, Section 2-402(B), Regular Meeting, requires amendment to show that meetings of the City Council are held in the current Council chambers at 109 N. Birch rather than the previous location. Likewise, amendment of Section 2-409(B), Order of Business, is proposed so that the order of business currently followed during City Council meetings is correctly listed in the Ordinance. The proposed amendment also adds language to 2-409(B) stating that 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. Inclusion of this new language affords the Council increased flexibility to accommodate the continuously changing circumstances and contingencies which inevitably arise with public meetings. In addition, even if the order of business followed in a particular Council meeting differs in some respect from Section 2-409's proscribed order, the Council is in compliance with the ordinance if the order of business published in the posted agenda was followed. 1 B. Repeal of Ordinances within Part 11, Chapter 1, Administration and Control of Parks The majority of ordinances within Chapter 1 governing the administration and control of parks were adopted years ago and contain provisions based on the existence and active participation of a Park Advisory Committee sharing direction and planning for the City's parks with Staff and the City Council. As a result, a number of the provisions in Chapter 1 are now irrelevant because the Park Advisory Committee no longer exists. In addition, Chapter 1 contains numerous provisions which seek to define the scope of the City's power and jurisdiction over its parks. Not only are these ordinances unnecessary and confusing, but they also pose a legal concern if they differ from the power given to the City under state law or in any way restrict the City's power to exercise complete governance over parks within its limits. As a general rule, laws based upon the presence or existence of a particular fact or condition should be amended once the fact or condition is removed. In this case, small inaccuracies or limitations within this section potentially obstruct the City's power to control and govern its parks and may create increased vulnerability to legal challenge. In short, there is no reason to retain ordinances which attempt to spell out which rights and powers the City may or may not have to govern City parks. Rather, repeal of those ordinances and reliance upon the broad statutory powers afforded to the City to regulate parks under state law is vastly preferable. STATUS AND RECOMMENDATION Staff recommends City Council approval of Ordinance No. 969, amending Part 2, Administration and Government, Chapter 4, Rules of Procedure for the City Council, by amending Sections 2-402, Regular Meeting, and 2-409, Order of Business, of the Code of Ordinances of the City of Owasso, Oklahoma. ATTACHMENTS 1. Ordinance No. 969 - Amendment of Rules of Procedure for the City Council 2