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R98-49 07-27-98RESOLUTION NO. R98-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NOS. R94-32 AND R97-28 AND SETTING FORTH THE RULES OF PROCEDURE AND ORDER OF BUSINESS FOR THE CITY COUNCIL; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Resolution Nos. R94-32 and R97-28, as they may have been amended from time to time, are hereby repealed in their entirety. Section 2. That the following Rules of Procedure and Order of Business for the City Council are hereby officially adopted by the City Council pursuant to authority of Section 3.09 of the Charter of the City of Pearland, Texas: I. Regular meetings of the City Council shall be held on the second and fourth Mondays of each month at 7:30 p.m., and may be recessed or rescheduled from time to time at the discretion of the City Council, II. At the hour of the meeting, the Mayor shall assume the chair of presiding officer and call the Council to order. The Order of Business, after determination of a quorum, shall be as follows: 2. 3. 4, 5. Call to Order Invocation and Pledge of Allegiance Approval of Minutes Mayor's Activity Report Council Activity Reports RESOLUTION NO. R98-49 6. City Manager's Report 7. Citizens 8. Docketed Public Hearings 9. Consent Agenda 10. Items Removed From Consent Agenda 11. New Business 12. Other Business 13. Adjournment III. No person other than the Mayor or a Member of the City Council or other municipal officer or employee shall address the City Council as a body except upon consent of a major, ity of the members present. All citizens wishing to address the Council may do so by registering in person or by telephone with the City Secretary not later than close of business on the Friday preceding a Council meeting or by registering on a sign-up sheet maintained by the City Secretary not less than fifteen (15) minutes in advance of the scheduled Council meeting. Citizens registering by the preceding Friday will be given priority over those registering on the day of the meeting. All requests to address Council must be clearly defined as to subject matter. Citizens shall be heard for a period not to exceed five (5) minutes unless extended by a majority of Council. Citizens wishing to speak to a specific agenda. item may elect to be recognized immediately in advance of consideration of that item. 2 RESOLUTION NO. R98-49 IV. Section 3.08 of the City Charter directs the City Secretary to call special meetings of the City Council upon the written request of the Mayor or any two Councilmembers. They are to specify the subjects to be considered and file such a request with the (;ity Secretary. The Charter does not specify the minimum time for such a request. Nor does the Charter specify how a Mayor or Councilmember places an item on the regular meeting agenda. Section 4.08 of the Charter obligates the City Secretary to give notice of the Council meetings. It is the practice of the City to include on any regular agenda all items deemed appropriate by the City Manager or Staff, the Mayor, or any one Councilmember. That shall continue to be the procedure. For the Mayor or any Councilmember to have an item placed on the agenda for a regular Council meeting without the approval of the City Manager, the request shall be in writing and shall be filed with the City Secretary no later than neon on the Monday the week before the meeting at which it is requested for consideration. If the filing is later than noon on that Monday the week before the regular meeting, the item shall be placed on the agenda of the next regular meeting unless the City Manager decides to honor the late filing. The Charter does not specify how two Councilmembers request a special meeting in writing. The request shall be submitted to the City Secretary in written form by at least one Councilmember with the assurance to the City Secretary that another named Councilmember joins the filing Councilmember in verbatim language of the request for special meeting agenda items. 3 RESOLUTION NO, R98-49 Nothing herein shall apply to budgetary or ad valorem tax or municipal bond ordinances or resolutions or to matters that qualify under the law as emergencies. V. Any motion submitted to the City Council shall be reduced to writing during open meeting before being voted upon, at the request of any two (2) members of the City Council. VI. The Rules of Order, other than those prescribed by the City Charter, or the laws of the State of Texas, may be suspended at any time by consent of a majority of the members present at any regular or special meeting. VII. Except when in conflict with the foregoing provisions, Robert's Rules of Order shall govern the deliberation of the City Council. Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Resolution and amendments thereto shall be and are preserved for the benefit of the City. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. 4 RESOLUTION NO. R98-49 Section 5. Effective Date. This Resolution shall become effective immediately upon passage of its first and only required reading by City Council. PASSED, APPROVED and ADOPTED this the ~'/~-~ day of A.D., 1998. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER INTERIM CITY ATTORNEY 5