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MEMORANDUM
To: Mayor, City Council,
From: Mark T. Sokolow, City
Date: May 30, 2008
Subject: P. O. No. 5893 - June
City Manager
Attorney ;~~,~ ~ ~~~~~
3, 2008 Council Meeting
Attached is P. O. No. 5893 amending Section 2-31 of the Code
of Ordinances as it pertains to placing items on Council Agendas.
(Requested by Mayor Prince). If this Ordinance is passed, a
councilmember should not contact more than two other
councilmembers to place an item on the agenda. Also, the
consensus of a councilmember to place an item on the agenda, does
not necessary mean that the councilmember agrees to adopt that
item.
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Attachment
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z.po5893 .memo
P. O. No. 5893
05/29/08 is
NO.
AN ORDINANCE AMENDING SECTION 2-31 OF THE
CODE. OF ORDINANCES AS IT PERTAINS TO
PLACING ITEMS ON COIINCIL AGENDAS
(REQIIESTED SY MAYOR PRINCE) ,
WHEREAS, per Ordinance No. 07-96, the City Council amended
Section 2-31 of the Code of Ordinances as it pertains to placing
items on council agendas as follows:
"Section 2-31. Requests to draft ordinances or resolutions;
agenda items.
(a) Any of the following shall have the authority to request
the City Attorney to draft an ordinance or resolution:
(1) The Mayor (or if the Mayor is absent or disabled,
the Mayor Pro Tem);
(2) One or more Councilmembers; or
(3) The City Manager.
(b) Any of the following shall have the authority to submit
items to the City Secretary for inclusion on a City
Council meeting agenda prepared by the City Secretary in
accordance with Section 10, Article 1'1 of the City
Charter and V.T.C.A., Government Code §551.001 et seq.,
Open Meeting Law:
(1) The
the
One
(2) The
(3) The
(4) The
Mayor (or if-the Mayor is absent or disabled,
Mayor Pro Tem);
or more Councilmembers;
City Attorney;
City Manager; or
City Secretary.
(c) Upon request of a City Councilmember, the City Manager
shall submit to the City Secretary for inclusion on the
City Manager's docket portion of the City Council meeting.
agenda, any item which does. not require a legal opinion.
or the drafting of an ordinance, resolution, or similar
matter.
(d) All routine items to b'e submitted to the City Manager,
City Secretary, or City Attorney for inclusion on the
City Council agenda must be submitted at or before noon
on the Wednesday immediately preceding the City Council
z.po5893
meeting for which the item is intended. If the Thursday
or Friday following such Wednesday is a holiday, the
deadline for submission of agenda items will be changed
from noon on Wednesday to noon on the Tuesday immediately
preceding the day of the City Council meeting for which
the item is intended. An exception to this deadline will
be made if an emergency exists and this emergency is
verified in writing by the .Mayor or the City Manager.
The deadline for an item which requires extensive review,
or legal research, or legal opinion, or which is
not routine, shall be at least two (2) weeks before .the
deadline for a routine item.
(e) No item-can be placed on-the Agenda for action that: i)
obligates funds that have not been budgeted or will be
budgeted at the Council Meeting, or (ii) requests
proposals or bids for goods or services that are not
estimated to be within the budget."
and
WHEREAS, the City Council now desires to amend Section 2-31 of
the Code of Ordinances.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY
OF PORT ARTHIIR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That Section 2-31 of the Code of Ordinances is
hereby amended as follows:
"Section 2-31. Requests to draft ordinances or resolutions;
agenda items.
(a) Any of the following shall have the authority to request
the. City Attorney to draft an ordinance or resolution:
(1) The Mayor (or if the Mayor is absent or disabled,
the Mayor Pro Tem);
(2) 9r3e Three or more Councilmembers; or
(3) The City Manager.
(b) Any of the following shall have the authority to submit -.
items to the City Secretary for inclusion on a City
Council meeting agenda prepared by the City Secretary in
accordance with Section 10, Article li o€ the City
z.po5B93
Charter and V.T.C.A., Government Code §551.001 et seq.,
Open Meeting Law:
(1) The Mayor (or if the Mayor is absent or disabled.,
the Mayor Pro Tem);
Aae Three or more Councilmembers;
~(2) The City Attorney;
(3) The City Manager; or
(4) The City Secretary.
(c) Upon request of a City Councilmember, the City Manager
shall submit to the City Secretary for inclusion on the
City Manager's docket. portion of the City Council meeting
agenda, any item which does not require a legal. opinion
or the drafting of an ordinance, resolution, or similar
matter.
(d) All routine items to be submitted to the City Manager,
City Secretary, or City Attorney for inclusion on the
City Council agenda must be submitted at or before. noon
on the Wednesday immediately preceding the City Council
meeting for which the item is intended. If the Thursday
or Friday following such Wednesday is a holiday, the
deadline for submission of agenda items will be changed
from noon on Wednesday to noon on the Tuesday immediately
preceding the day of the City Council meeting for which
the item is intended. An exception to this deadline will
be made if an emergency exists and this emergency is
verified in writing by the Mayor or the City Manager.
The deadline for an item which requires extensive review,
or legal research, or legal opinion, or which is
not routine, shall be at least two (2) weeks before the
deadline for a routine item.
(e) No item can be placed on the Agenda. for action that: i)
obligates funds that have not been specifically budgeted
or funding will be proposed by a budget amendment ^~'w===-Ae
b~ge~t-ed at the Council Meeting, or (ii) requests
proposals or bids for goods or services that are-not
estimated to be within the budget. If an expenditure for
goods. or services is being requested, monies need to have
been budgeted and authorized for the specific type of
purchase, and then a decision can be made by the City
Council as to the best procedure as to obtain goods or
services."
Section 3. That a copy of the caption of this Ordinance be
spread upon the Minutes of the City Council.
z.po5B 93
Section 4. That this being an Ordinance amending an
Ordinance which does not carry a penalty and does not require
publication, it shall take effect immediately from and after its
passage.
READ, ADOPTED AND APPROVED on this day of ,
A.D., 2008, at a Council Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
AYES: Mayor
City Council - ,
NOES:
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM:
~~~~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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