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HomeMy WebLinkAbout021901 RES - 03/22/1994RESOLUTION ADOPTING POLICIES AND GENERAL RULES AND PROCEDURES OF THE CITY COUNCIL: WHEREAS, it is desirable to consolidate various individual City Council policies, rules, and procedures into one format to enhance their usefulness. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the following are hereby adopted as policies, rules, and procedures of the City Council of the City of Corpus Christi, Texas: 1. MOBILE PHONES Council Members may elect to use mobile phones provided by the City; the Council Member shall pay all charges on each such phone; the Council Member may request reimbursement for those itemized calls related to City business made by or to a Council Member; reimbursement may be requested for City -related long distance or directory assistance calls. 2. COUNCIL TRAVEL/BUSINESS EXPENSE City Council travel/business expenses are for the purpose of training, exchange of new ideas, accomplishment of a specific purpose, solution of a definite problem, or purchase of items related to Council business. Each Council Member will carry out the purpose of his/her trip in an effective and economical manner. The City will reimburse Council Members for all reasonable expenses which are incurred while on City business up to the approved annual budgeted amount for individual Council travel/business expense. a. The City Council will approve a Mayor and Council travel/business related expense budgets annually. The Council budget will be divided equally among the eight members of the City Council. Newly elected Council Members, in April, will be allocated one-third (1/3) of the annual allocation to each Council Member. b. Expenses reimbursed to Council Members for Council travel and business related charges will not exceed the amount allocated to each Council Member. c. Each Council Member will in his/her reasonable discretion individually determine the necessity for and benefits to be derived from travel or business related charges to be incurred. However, reimbursement will be allowed only up to the amount allocated for each Council Member as approved in the annual budget. Transferring between individual Council Member budgets will not be allowed. VORD V94016skp V1901 EIS d. Reimbursement will be on an actual basis as supported by a travel expense report with supporting documentation. e. Included as business related charges are such things as: luncheon/banquet or similar type ticket charges where the Council Members will be representing the City, subscriptions to periodicals/publications and individual membership dues to associations, leagues, etc. that will benefit the member in the conduct of City business, and other business related meeting expenses. Physical property purchased by individual Council Members will remain property of the City after the Council Member's term ends. f. Council Member's spouse related expenses will not be reimbursed. g. Except as noted above, general procedures and policies related to City employee travel will be adhered to. h. Where a Council Member's presence is needed by a specific department of the City for attendance at a meeting, function, or event, that department requesting the Council Member's attendance will bear the cost incurred and such requests shall be approved by the City Manager. 3. AUTOMOBILE USE FOR COUNCIL BUSINESS Each Council Member will be allocated $150.00 per month for use of personal automobiles on in -town City Council related business. Reimbursement for automobile use will be at the mileage rate approved by the Internal Revenue Service (IRS) when utilizing a personal vehicle for travel. On an optional basis, Council Members may request a flat $150.00 monthly reimbursement based on a certification of having traveled at least the number of miles which, multiplied by the IRS rate, would equal $ 150.00. Reimbursement for out of town auto use shall also be based on the number of specified miles traveled multiplied by the mileage rate approved by the Internal Revenue Service. 4. COUNCIL MEMBER REQUESTS FOR INVESTIGATIONS, INFORMATION, OR REPORTS Individual Council Member requests for information, reports, or investigations will be provided by staff provided that an objection is not raised by another Council Member regarding that request. In cases where an objection is raised, a majority vote of the Council will be required in order for staff to proceed on the individual Council Member's request. When possible, minor requests for investigations or information, i. e. high weeds, pot holes, street lights and signage problems, etc., will be handled through Council request forms provided by the City Manager rather than through Council reports during the Council meeting. \ ORD \94016skp 2 5. RULES OF DECORUM In order to orderly conduct the business of the City, and to properly discharge its duty, the City Council must hear in many instances a variety of differing viewpoints. To obtain all relevant information from differing viewpoints, rules of decorum are necessary. Thus, the City Council adopts the following rules to assist in the orderly deliberation of matters affecting the City and its citizens. a. The City Secretary shall see that the flag of the United States and the flag of the City of Corpus Christi are properly and prominently displayed at some convenient place in the City Council Chamber. b. Each day the City Council is in session, the City Secretary shall call the roll of the City Council and required City Charter officers and announce the results of such roll call. The City Secretary shall declare if a quorum is present and the necessary City Charter officers present, subject to confirmation of the City Council. c. The session shall begin with an invocation followed by the Pledge of the Allegiance to the flag of the United States of America. d. No Council Member, staff person, or members of the audience shall berate, embarrass, accuse, or show any personal disrespect for any member of the staff, Council Members, or the public at any Council meeting. e. While the City Council is in session there shall be: 1. No smoking of cigarettes, pipes, or cigars; 2. No consumption of any kind by the audience; 3. No propping of feet on tables or chairs; 4. No loud noises, talking, shouting, etc; 5. No loud demonstrating for or against the Council or any speaker, issue, or presentation; 6. No applause, booing, hissing, foot stomping, parading, singing, or other disruptive inappropriate behavior. f. Demonstrations shall not be permitted while the City Council is in session, including marches, chanting, picketing, any other coercive, argumentative, political, and/or disruptive behavior of any kind. Political advertisements of any type, disruptive banners, placards, signs, or posters are prohibited. This prohibition does not prohibit maps, photographs, drawings, plats, architectural, or artist renditions, or conceptualization, charts, graphs, slides, motion pictures, video displays, statistical displays, or other material useful and necessary to a presentation. The City Council, by majority vote, shall make the final determination on whether particular material is useful and necessary. This determination shall be final. g. \ORD\94016.skp 3 h. In addressing the City Council, members of the audience shall rise, go to the podium, and remain standing while addressing the Council. They shall remain at the podium and speak into the microphone for the recording of the proceedings and begin by giving their full name and address. Citizens shall not approach the City Council table except with permission or request of the Mayor or the City Council. Citizens, Council Members, and City staff shall be prompt in all sessions of the City Council and in the dispatch of the City business. Time limitations imposed by the Mayor or the Council on presentations shall be strictly enforced. City Council, City staff, and all fellow citizens shall be courteous, polite, concise, and respectful of one another, and shall respect the letter and spirit of these rules so that the City Council may fairly hear all sides of an issue and by due deliberation act in the best interest of all the citizens. Council Members and the Mayor shall be referred to by title and/or title with surname. J. k. All remarks shall be addressed to the Mayor and City Council and not to the Council Members as individuals. 1. Citizens are authorized and encouraged to present their views to the Council on agenda action items, or during the petitions part on non -agenda City -related matters. However, such should be done in a factual, precise presentation and questions of Council or staff are inappropriate. Loud, boisterous, profane, or obscene language or behavior is not allowed. m. Persons in the immediate vicinity of the City Council while in session shall refrain from any disturbing noise, demonstration, or other act disrupting to the City Council business. These rules are not meant to restrain a citizen's first amendment rights. 6. NAMING OF CITY PARKS AND RECREATIONAL FACILITIES A formal policy for naming of parks and recreation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Park and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates. B. Subdivision Dedication. Park land received through dedication under the City's Platting Ordinance shall be named by the Park and Recreation Advisory Committee. No formal action needs to be taken by the City Council. C. Name Change. The City of Corpus Christi discourages proposals whereby the name of a park or park facility would be changed. However, under extreme circumstances the Park and Recreation Advisory Committee will consider the request. The naming \ ORD \94016skp 4 of an unnamed new park or park facility is preferred and is recommended. The following definitive steps shall be taken regarding a proposed name change. (1) Persons, groups, or organizations desiring the name change shall fill out a request for name change and submit the proposal to the staff of the Park and Recreation Department for review and consultation with the requesting entity. (2) Name change requests shall be submitted to the Park and Recreation Advisory Committee. No action may be taken by the Board for a minimum of 60 days after receipt of the proposal. During the 60 day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed name change. (4) Written comments are to be submitted to the Park and Recreation Advisory Committee and interested individuals are invited to come before the Board to address the issue. (3) (5) At the first meeting after the 60 day waiting period, the Park and Recreation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or (c) Table the request for future action or additional information. In the event the request is rejected by the Board, the requesting entity may appeal the rejection to the City Council. (6) The Council shall consider the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided in commemorating or memorializing an individual or act. If approved, the Park and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with renaming ceremonies and the provision of markers, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individuals, consideration may be given to persons living or dead. Special consideration shall be given to the contributions the person has made to the City, State, or Country. A facility or park may not be named after an individual currently in public office or serving as a employee of a local governmental jurisdiction. A one year waiting period after termination from public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighborhood organizations in the \ ORD \94016skp 5 immediate vicinity of the park or facility will be sought in the case of a name change request. 7. NAMING OF STREETS The City Council hereby establishes a policy of declining to change the names of streets in the City of Corpus Christi except under unusual, extenuating circumstances. 8. NAMING OF CITY FACILITIES Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. 9. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Through the Community Development Block Grant Program, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To insure that these objectives are achieved, the following guidelines shall be as follows: a. No Community Development Block Grant Funds shall be authorized to applicant agencies for the support of operating expenses. b. No capital grants shall be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority shall be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Housing shall be maintained as the top funding priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. No individually funded CDBG project shall be eligible for future CDBG funding for a minimum of two years from the date of its last funding. (This excludes projects which are specifically staged for several years of CDBG funding such as a street project which has its engineering funded one year and its construction the next.) \ORD\94016.skp 6 10. CITY COUNCIL COMMITTEES Ad hoc committees of the City Council may be appointed as needed to assist the Council in its business. All members to City Council ad hoc committees will be appointed by the Mayor or a majority of the Council. 11. USE OF LOCAL BUSINESSES A maximum effort will be made by the City Council and staff to utilize local businesses. To insure that this effort is made, the following guidelines shall be followed unless prohibited by State or Federal law: a. Staff must review each Request for Proposal (RFP) before it goes out to determine if local expertise is available. If they determine it is available, then only solicit from local firms; b. If the staff determines that insufficient local expertise exists, they are to document the decision and obtain approval to solicit RFP's from non -local firms. The 75 - percent rule would still be in effect; and, c. If the 75 -percent rule cannot be met, the Council should be advised at an early stage for discussion. 12. MINORITY/MINORITY BUSINESS ENTERPRISES PARTICIPATION Maximum opportunity will be afforded minorities, women and minority business enterprises to participate in the performance of contracts awarded by the City of Corpus Christi subject to any State and Federal laws. 13. REVIEW OF CONCEPTUAL DESIGNS OF CERTAIN MAJOR BUILDING AND OTHER MAJOR CAPITAL PROJECTS It is the City Council's intent to review requests for proposals from consultants for projects of special interest, and conceptual designs of major buildings and other major capital projects, which involve decisions concerning aesthetics and other controversial factors which ultimately require review by the City Council. 14. BOARDS, COMMISSIONS, AND COMMITTEE PROCEDURES All individuals considered for appointment by the City Council to a Board, Commission, or Committee must have a resume or biographical information sketch on file in the office of the City Secretary. All vacancies must be listed on a City Council agenda in order for appointments to be made. Any Council Member can nominate persons to fill vacancies, except where the law requires nomination by the Mayor or City Manager. Each appointment must receive a majority vote of the Council Members present and voting. \ORD\94016.skp 7 The following rules and procedures will govern standing City Boards, Commissions, and Committees: a. City Council Members may be appointed as liaison contacts to the City's Boards, Commissions, and Committees, as well as other Committees the Council makes appointments to, in order to facilitate communications. Appointments will be by the Mayor or a majority of the Council. b. City Boards, Commissions, and Committees will provide annual reports of their respective activities. Such annual reports will be for the calendar year and will be due no later than January 15th of each year for the prior calendar period. Each City Board, Commission, and Committee will be provided an opportunity, if requested, to be placed on the City Council agenda for presentation of their annual report. c. Board, commissions, or committees with rule making or quasi-judicial authority are covered by the Texas Open Meetings Act and shall comply therewith. Other boards, commissions, and committees are directed to follow the Open Meeting Act except as inconsistent with these procedures or other ordinance or directive of the Council, and failure to comply with the Act may be grounds for sanction by the Council, in its discretion. No closed session may be held without receiving advice from the City Attorney. d. Orientation manuals will be prepared and provided to all new appointees to the City's Boards, Commissions, and Committees. Orientation sessions by the Chairpersons and/or staff liaison are encouraged. e. Meetings will be held in meeting rooms nearest support staff whenever possible. f. Agendas will follow a standard one-page format. g. All Boards, Commissions, and Committees shall keep minutes of all meetings thereof. Minutes will be limited to a one-page summary when possible. The presiding officer at such meeting shall designate an acting secretary in the absence of the regular secretary of any of such bodies to discharge such duty. A copy of the minutes of the proceedings of every such meeting shall be promptly forwarded to the City Manager for his information. Minutes will be filed in the office of the City Secretary for City Council and public review. h. Regular times for meetings will be established, when possible, to avoid staff overtime. i. Chairpersons will be advised of meeting costs involved and the need to reduce costs and expedite meeting times when possible. Ad hoc and subcommittees will meet without staff support when possible. \ORD\94016.skp 8 k. No City board, commission, or committee shall appoint persons outside its membership as advisors or to subcommittees, ad hoc committees or other accessory entities, without prior approval of the City Council. 1. Recommendations for appointments will be solicited from the affected Boards, Commissions, and Committees. m. No person may serve as a voting member of a board, commission, or committee of the City for a period longer than six (6) years consecutively unless such service is required by virtue of the person's position or title as the result of employment or to complete an unexpired term. No person shall be appointed by the Mayor or City Council to serve on more than one board, commission, or committee of the City at the same time unless required by charter, statute, or other ordinance or when such service is required by virtue of the individual's position or title as the result of employment. The foregoing limitations do not apply to the appointment of advisory, nonvoting members to a board, commission, or committee of the City. Any such advisory, nonvoting member appointed to a board, commission, or committee of the City is prohibited from serving as an elected or appointed officer of the board, commission, or committee to which such person has been appointed. n. Unexcused absences from more than twenty-five (25) percent of regularly scheduled meetings during a term year on the part of any board, committee, or commission member shall result in an automatic vacancy, which vacancy shall be promptly reported to the City Council. An absence shall be deemed unexcused unless excused by the board, committee, or commission for good cause no later than its next meeting after the absence. Any member, otherwise eligible, shall not be precluded from reappointment by reason of such automatic vacancy. o. All members of City Boards, Commissions, and Committees must be residents of the City. P. Members of City Boards, Commissions, or Committees may file as a candidate for nomination or election to any non -city public office, but such person shall forfeit his or her position if elected or appointed to such office. 15. CITY PREPARED INFORMATION It shall be the policy of the Council that City prepared information in print, type, or magnetic form that is subject to the open records law shall be made available to the public at request and at a reasonable cost as determined by the City Manager. No Council Member shall use his position or influence to circumvent charges for any City prepared information. \ORD\94016.skp 9 16. CONDUCT OF MEETINGS; RULES OF PROCEDURE a. Time and Place of Meetings 1. The City Council shall meet in regular session at 2:00 p.m. each Tuesday, except that, in order to maximize efficiency and use of resources, it shall not meet the first Tuesday each month unless requested by the Mayor, five Council Members, or the City Manager. The time for a regular meeting may be changed as deemed advisable by Council. 2. Regular meetings shall be held at City Hall or another governmentally owned place within the City. 3. Special and workshop sessions may be held in any public place. 4. Special and workshop sessions may be called by the Mayor, a majority of the Council, or the City Manager. b. Workshop Meetings A workshop session is a meeting for the sole purpose of gathering information or discussing public business without taking action. In the event a workshop session is scheduled on the same day as and prior to a regular or special session, no discussion shall be held at the workshop of items previously scheduled for such regular or special session. c. Open Meetings The Council shall conduct all meetings in accordance with the Texas Open Meetings Act. d. Agenda The City Council agenda will be prepared and assembled jointly by the City Manager and the City Secretary in a format consistent with the Open Meetings Act, subject to modification by Council directive. Items may be placed on the agenda by the Mayor, City Manager, or at least five members of the City Council who shall confirm their request with the office of the City Secretary. A member wishing to place an item on the agenda shall notify the City Secretary who shall inquire of the other members whether they wish to join the request. The City Secretary may place presentations, items of a ceremonial nature, Board, Commission and Committee appointments, and items affecting his office on the agenda. The subject matter of agenda items shall be subject to Council action, unless the item is limited to discussion. \ORD\94016.skp 10 e. Presiding Officer The Mayor, Mayor Pro Tem, or other presiding officer shall have the power and duties usually incumbent on a presiding officer. All questions of order shall be decided by the presiding officer, subject to appeal to the Council. f. Recess of Meeting g. Any meeting may be recessed (continued) one or more times to a time and place specified by the presiding officer prior to recess. No regular session may continue in recess to a time after the convening of the next regular meeting of the Council. Order of Business The order of business shall be that set forth in the agenda unless modified by the Mayor or a majority of Council present and voting. On any item for which the Council permits public comment, time limitations may be set on an equitable basis. h. Recognition of Council Members Council Members will not interrupt one another, and will speak only when recognized by the presiding officer. The presiding officer will recognize Council Members to speak in the order of their electronic request. i. Seconding Motions Motions shall require a second, except if the wording of the motion appears on the agenda. General Duties of City Secretary The City Secretary shall act as clerk of the Council, shall accurately keep the minutes and all other records required by law to be kept of Council proceedings, and shall make all publications and notices required by law. k. Record Vote The ayes and nays shall be taken upon the passage of all ordinances or resolutions and entered in the minutes. Any member may request that the ayes and nays be taken on a motion and same shall be recorded. The order in which Council Members vote will rotate from meeting to meeting. 1. Quorum A majority of the Council Members holding office constitutes a quorum. \ORD\94016.skp 11 m. Vote Required for Passage Except as otherwise required by law for a particular matter, final passage of an ordinance or resolution shall require the affirmative vote of a majority of all Council Members holding office, and other matters shall require a majority of Council Members present and voting. n. Motion to Reconsider Any member of the Council who voted with the prevailing side on any question may move its reconsideration no later than the next regular meeting; reconsideration shall require a two-thirds vote of the Council. The fact that a failed action is subject to such motion being made at the next regular meeting does not prevent it from being brought up as new business at or before the next regular meeting. o. Motion to Table P. q. To "table" shall mean to postpone until a later Council meeting. If the motion to table or postpone specifies a particular time, the matter shall be placed on the Council agenda for that date unless the Mayor or Council subsequently directs differently. If the motion does not specify a particular time, the matter shall be placed on the Council agenda when requested in accordance with general procedures for agenda items. The pendency of a tabled motion shall not prevent the Council from considering the same matter as new business. Applicability of Robert's Rules of Order The most current edition of Robert's Rules of Order shall govern Council proceedings, unless in conflict with these rules or other law. Provided, however, Council's failure to comply with Robert's Rules of Order shall not invalidate any Council action. Suspension of Rules Any of the rules prescribed in this Section 16 may be suspended by a majority vote of all Council Members qualified to vote. r. Disorderly Conduct For a City Council Member's violation of the Rules of Decorum which it finds to seriously disrupt a meeting, or for a City Council Member's violation which occurs after repeated warnings from the presiding officer, the Council may assess a civil penalty for violation not to exceed $25, as authorized by Article II, Section 10 of the City Charter. The City Manager shall cause the amount penalized to be deducted from the Council Member's next paycheck. \ORD\94016.skp 12 17. GUIDELINES FOR PUBLIC USE OF CITY HALL FACILITIES The locations of the City Council Chamber, adjacent committee room, staff conference room, and the sixth floor conference room are conducive to providing space for public meetings for nonprofit purposes with minimal distraction from daily City operations. Priority for the use of these facilities shall be given to City related Boards, Commissions, Committees, and other City related activities, and secondarily to other government entities. Accordingly, individuals and organizations who wish to conduct public meetings may request the utilization of these areas. Use of the committee and conference rooms, rather than the Council Chamber, is preferred because of the sensitivity of the audio visual equipment. If use of the committee and conference rooms is not feasible due to the number of people attending, the Council Chambers will be used as approved by the City Secretary. Public use of these facilities will be limited to the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday due to security reasons. (Evening and weekend use will be limited to official City and other governmental business. Coordination with Building Maintenance, in addition to the City Secretary's office, will be required to secure the building before and after use.) Guidelines for usage by nonprofit organizations are identified below: 1) City events shall receive priority in the event of a conflict. 2) Applications for use are supplied from and approved by the City Secretary's office. 3) Organizations using the facilities will be responsible for securing all equipment and facilities after use. 4) The meeting rooms are provided at no charge. Room set-up is the responsibility of the organization using the facilities. 5) The facilities will not he used for receptions or functions where catering is required except as approved by the City Manager, City Secretary, or City Council. 6) No soliciting or fund-raising is allowed. 7) In the event of damage, the sponsoring organization will reimburse the City for cost of repairs. 8) The meeting shall be open to the public, which will be permitted to comment and ask questions prior to close of the meetings. All other areas and conference room space in City Hall is limited to conducting official City business. Many other municipal facilities are available for public use including the Corpus Christi Public Library, the Convention Center, and community recreation centers. Coordination for the use of those facilities will he through those departments. SECTION 2. That all prior policies, rules, or procedures by the Council on the subjects addresed herein are repealed. \ ORD \94016.skp 13 SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this resolution shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. A 1 I'EST: City Secretary •YOR D M APPROVED: __ -AY OF /3 /( 1 , 19 (7 JAMES R. BRAY, JR., CITY ATTORNEY By City A�tprney \ORD\94016.skp 14 OF CORPUS CHRISTI Corpus Christi, Texas QJ, day of RnXCV \ The above resolution Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \ forms \066 , 19 l`( was passed by the following vote: utidatA akY 021901