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Home My WebLink AboutPR 14794: PLACING ITEMS ON COUNCIL AGENDA - ATTORNEY GENERAL'S OPINIONP. R. No. 14794 06/25/08 is RSSOLIITION N0. A RESOLIITION AS IT PERTAINS TO RSQIIESTING THE ATTORNEY GENERAL TO ISSIIE AN OPINION AS IT PERTAINS TO THE PROCEDIIRSS FOR PLACING AN ITEM ON THE COUNCIL AGENDA (REQUESTED BY COUNCILMEMBERS BEARD, CHATMAN, FLOOD) WHEREAS, pursuant to Section 11 of Article II of the City Charter, the City Council by Ordinance can determine its own rules and order of business; and WHEREAS, pursuant to Ordinance OS-58, the City Council stated that it will require three or more councilmembers to place an ordinance or resolution on the. Agenda, as delineated in Exhibit "A"; and WHEREAS, the City Attorney, pursuant to a memo dated May 30, 2008, advised the Council that a councilmember should not contact more than t'wo other councilmembers to place an item on the Agenda and that the consensus of the councilmember to place an item on the agenda does not necessarily that the councilmember agrees to adopt that item as delineated in Exhibit "B"; and WHEREAS, the City Council deems it appropriate to obtain an Attorney General, Opinion as to this matter. NOW THEREFORE, BE IT RSSOLVSD BY THE CITY COUNCIL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. z.pr19"/94 Section 2. That the City Attorney is herein authorized to ask Representative Deshotel to request an Attorney General Opinion as to Ordinance No. 08-58, and-what suggestions or advice the Attorney General would make as it pertains to this Ordinance and the Open Meetings Act._ Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the Corporation. READ, ADOPTED AND APPROVED on this day of A.D., 2008, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor NOES: Mayor ATTEST: TERRI HANKS, ACTING CITY SECRETARY APPROVED AS TO FORM: .~ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.pi19794 EXHIBIT "A" P. O. No. 5893 05/29/08 is ORDINANCS NO. D~' S~ AN ORDINANCE AMENDING SECTION 2-31 OF THE CODE OF ORDINANCES AS ZT PERTAINS TO PLACING ITEMS ON COIINCIL AGENDAS (REQIIESTED BY 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) Ona 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 11 of the City 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); One 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 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 W$SRSAS, the City Council now desires to amend Section 2-31 of the Code of Ordinances. NOW THEREFORE, B8 IT ORDAINED BY THS CITY CODNCIL OF T$S CITY OF PORT ART$DR: 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) At3e 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 11 of the City z.po5893 Charter and V.T.C.A., Government Code §551.001 et seq., Open Meeting Law: (ly The Mayor (or if the Mayor is absent or disabled, the Mayor Pro Tem); 9~xe 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 ^",tee bedge~ 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 ae 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.po5893 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. ~rcQ 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~J~followi vot AYES: Mayor //Y1~ ~_~~%' /(J~/~ ~~~~) City Council ~~ ~ ~~//~~} r ~ NOES : _~~~~3~1!KN~~ ~~~%/ I iXlC/1 ' (. /E~G1GL ~ nvnu CITY ATTORNEY APPROVED FOR ADMINISTRATION: - ./~ CITY MANAGER' z.po5893 APPROVED A3 TO FORM: EXHIBIT "B" interoffice 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. MTS:ts Attachment z.po5693 .memo