Loading...
HomeMy WebLinkAboutAmending Article 1 of Chapter 2 The Common Council • • •• • , ORDINANCE No. 7862-88 Passed by the Common Council of the City of South Bend,Indiana March 28, 88 - - Iq Attest: City Clerk IRENE K. GAMMON Attest: - - 'resident of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 29, 88 19 City Clerk IRENE K. GAMMON Approved and signed by me c?9, 19 gg C2c4-- e' Mayor • • w SUBSTITUTE BILL NO. 10-88 ORDINANCE NO. 7 8 6,„1 — 8g AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 1 OF CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY REFERRED TO AS "THE COMMON COUNCIL. " STATEMENT OF PURPOSE AND INTENT The Common Council acknowledges that its local rules and regulations are contained in Article 1 of Chapter 2 of the Municipal Code. The Council further notes that upon review of these regulations, it has been determined that certain changes are needed to improve and enhance its efficiency. The Council believes that the following Bill would be in the best interest of the City and the internal operation of the legislative branch of municipal government. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 2, Article 1 of the Municipal Code of the City of South Bend, Indiana, is hereby amended in part to read as follows: Article 1. The Common Council Section 2-1. Common Council: Composition; Councilmen; eligibility; term; compensation; vacancy. (e) In the case of a vacancy in the office of Councilman from death, resignation or other cause, such vacancy shall be filled pursuant to the procedure set forth in Indiana Code, Sections 3-2- 9-1-threugh-3-z-9-3e. 3-13-8-1 and 3-13-11-1 et seq. , However, if the vacancy is of a District Councilman, the person selected to fill such vacancy must be a resident of the district from which the vacated Councilman was elected. All persons filling a vacated Councilman's office shall hold office only during the unexpired term and shall, during such incumbency, be entitled to the salary thereto attached. Section 2-2 . Adoption of rules and regulations by the Common Council and powers thereto. (1) The annual amount of money budgeted for travel and promotional expenses and instruction in the Common Council budget shall be divided equally among the nine (9) Councilmen. Any monies not used pursuant to such division may be allocated to another Councilman upon his or her request, with informal ('r11nni l The Mayor shall annually address the Common Council at the second regularly scheduled Council meeting each January. The Mayor shall provide a statement of finances and a general condition of the City in his or her annual address. Section 2-7. Duties of City Clerk as Clerk of Council. (e) The Councilmen shall be called in the following order: First, the District Councilmen in the order of their districts; next the Councilmen-at-Large in alphabetical order; last, the presiding officer. On all requested roll call votes when sitting as Committee of the Whole, on all third readings of Bills, and on all Resolutions, the Clerk shall call the roll rotating the call of each Councilman by one position. Section 2-9. Parliamentary Procedure for the Common Council. (h) The presiding officer shall decide whether any question is carried by affirmative or a negative vote; but if he or she is in doubt, and the "ayes" and "nays" or a division be called for, the eettneil-shall-dee4de. ln-ease-e€-a-rising vetei-these-veting-in-the-affirmative-shall-first rise;-and-be-eettntedr-a€terwards-these-veting- n the-negatve. presiding officer shall call for a roll call vote. (1) The-previous-question-shaII-be-put-in-ths €erml---uShell-the-main-queston-be-new-put?u--It shall-only-be-admitted-when-demaneled-by-a-maierity ef-the-members-present;-anal-its-e€€eat-shall-be-te put-an-anal-te-all-debate;-amd-until-dee:ided7-shall preelude-all-ether-motions-er-amemdments;-emeept the-meter-te-aelieurn---if-the-metier- s sustained -the-presiding-of€ie:er-shall-at-ene:e-put the-queston;-first-open-paneling-amendments;-anal then-open-the-main-question. A "call for question" motion shall be proper after each member present has had the opportunity to address the specific issue under debate. Said motion shall not require a second and upon such a motion all debate shall cease. The presiding officer shall then repeat the motion pending before the Council and ask for a voice vote on said issue. (v) Form of ordinances and resolutions: All legislation of the City shall be by ordinance or by resolution. The word "resolution" as used in this chapter shall be the official action of the Council in-the-€arm-ef-a-motion, and stxeh-aetien shall be limited to matters required or permitted to be done by resolution by this chapter or by State or Federal law and to matters pertaining to the internal affairs or concerns of the City Government. All Resolutions shall be assigned a Bill No. by the City Clerk's Office upon proper filing with said office. Each Resolution must have a short title identifying the subject matter of the Common Council, the City Clerk's Office shall then assign it a Resolution number. All other acts carrying a penalty for the violation thereof, shall be by ordinance and each ordinance shall be identified by a Bill number which is assigned by the City Clerk's Office upon proper filing with said office. and Each Ordinance must have a short title, of-by-a-Cede seebien-number-when-a-eedi€ieatien-or-eempiiation of-erdinanees-is-eemplebed. and must specifically refer to the Chapter, Article and Section of the Code, when proposing an amendment to the City Code. Ordinances shall be numbered in the order as they are passed, but dispatched in the order as they are introduced by bill number except when the Council shall direct otherwise: • (1) Each bill filed for ordinance consideration shall begin after a preliminary "Statement of Purpose and Intent" which shall set forth clear and concise paragraphs describing the overall purpose of the Bill. by-the-€oiiewing: Following the end of the statement of Purpose and Intent, the next paragraph shall begin as follows: "Now Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana, as follows: " and a section by section format shall follow. (2) All bills filed for ordinance consideration which containing words which shall add words to an existing efdinanee City Code Section(s) shall be underlined ( ) . (3) All bills filed for ordinance consideration which requesting deletion of words from an existing ordinance City Code Section(s) shall indicate said deletion by a dash through said word or words ( ) . (4) Any bill filed for ordinance consideration which does not conform to the requirements of this subsection may be rejected by the City clerk when presented for filing. (5) All Resolutions and Ordinances must be accompanied with a separate letter from the party initiating such Resolution or Ordinance. Each letter should be clearly written and should summarize the salient Uoints of the Resolution or Ordinance. Any Resolution or Ordinance which is not accompanied by such a letter of explanation may be rejected by the City Clerk's office when presented for filing. (6) All Resolutions and Ordinances must be typed on 8 1/2" x 14" or 8 1/2" x 11" size paper. (w) Every bill filed for Ordinance consideration shall be read bwe fH} a total of three (3) times by Title by the Clerk. with-each-having-its-own-pt blie-bearing-and vote-as-be-its-passage. No bill shall be read the seeend third time at the same meeting it is introduced unless by unanimous roll call vote of all Councilmen present. Additionally there must be at least two- thirds of the entire Council present to carry such a motion. The City Clerk shall read by title only all Bills filed fir f=i r�•1- re.x.•74,, T4— 4.1...4— 4—...... LL... ^----41 • amend the Title of said Bill, the Clerk shall read the amended title on second and/or third reading(s) . The Bill shall receive third reading by title only, after which a formal vote of the Common Council shall be taken on the Bill. (x) No bill filed for Ordinance consideration or resolution shall appear on the agenda of a regular meeting of the Common Council unless said bill or resolution has been properly filed in the Office of the City Clerk on or before the Wednesday at 12 noon immediately prior to said regular meeting. This subsection is not applicable to special meetings. The City Clerk's office may reject all ordinances and resolutions not meeting the filing deadline, or in the alternative, may schedule such late filing(s) for the next subsequent Council meeting agenda. (y) When a bill is introduced, it shall be read by title by the City Clerk after which the ehair presiding officer shall state-that-antis-is-the-first-reading-ef the-bill;-if-there-is-me-ebieetiem;-it-shall-be-set-fer seeemd-readimg-u--lf-there-is-met-ebieetem;-the-bill shell-be-set-fer-seeemd-readng---If-there-is ebieetiem--it-shall-be- m-order-for-amy-member-te-make a-proper-metem-for-dspestiem-ef-the-bill. entertain a motion for disposition. (z) The seeemd third reading of the bill shall be by title, after which the enair presiding officer shall state that "This is the seeemd third reading of the bill, the question is shall the bill pass?" (ii) Each member of the public who wishes to be recognized by the presiding officer in order to speak during a public hearing, must give his or her name and address for the record. (jj) No member of the public may speak twice on the same issue, unless a majority of the Councilmen present vote to allow such a second presentation. A three (3) minute limit shall apply to such a second presentation. Section 2-10. Standing Committees of Common Council, titles and responsibilities. (m) All reports of committees shall be in writing, and maierty-reports-shall-be-sigmed-by-a ma*erity-ef-the-members-thereef. shall be consistent with Indiana Code 5-14-1.5-4, as it may be amended from time to time. Section 2-11. Committee of the Whole Council: Composition; procedure; powers and duties. (a) A committee of the whole of the Common Council shall be formed at the first organizational meeting after their election and at each annual reorganizational meeting thereafter, by the members choosing by majority vote of all Councilmen and from their number, a chairman of such committee, which chairman shall serve for a one-year term. He or she shall preside at all meetings of such committee and in his or her separate paper all changes or amendments agreed upon by the committee, and reports of proceedings of such committee signed-by-the-ehairman shall be made to the Council verbally. Auer-repert;-the bills-shall again-be-sabieet-to-be-debated-and amended (c) The Rules of preeeedings-in Procedure of the Council shall be observed (as well as parliamentary law) in such Committee of the Whole eeitneii, so far as the same may be applicable, exeept-the-race-iimiting-the-time-speakng; but no member shall speak more than twice on any question until every member choosing to speak shall have spoken. . (d) Public hearings on all bills for ordinance consideration and proposed resolutions and petitions shall be conducted as follows: (1) The Chairman of the Committee of the Whole shall briefly explain the procedure which shall be followed for all public hearings on Bills filed for ordinance consideration. This shall be done immediately prior to the first Bill scheduled for public hearing. When considering Resolutions, the President of the Council shall briefly explain the, procedure which shall be followed for all public hearings on all proposed Resolutions. This shall be done immediately prior to the first Resolution scheduled for public hearing. {1}{2) Reading of the title by the City Clerk; {2}{3) Reports from any eity-Bepertmemts, Common Council Committees, and/or any City Departments or Subdivision(s) thereof, and/or the Area Plan Commission if such item was referred for review and recommendation; {3}{4) Formal presentation in favor of the Bill or Resolution which shall not be subject to a time limitation, followed by members of the public supporting the item. Each member of the public shall be limited to five (5) minutes for his or her presentation and must state his or her name and residential address when addressing the Council. {4}{5) Formal presentation against the Bill or Resolution which shall not be subject to a time limitation, item followed by members of the public opposing the measure. Each member o ' the public speaking in opposition shall be limited to five (5) minutes for his or her presentation and must state his or her name and residential address when addressing the Council. This portion shall not exceed the time used by members of the public who spoke in favor of the Bill or Resolution or shall be limited to thirty (30) minutes, whichever • • {5}{6) Five-minute rebuttal for the person or persons who gave the formal presentation in favor of the item, after which the public portion of the hearing is closed. (7) Council portion. Section 2-12 . Council meetings; order of business. Business shall be taken-up conducted in the following order, unless the Council, by a two-thirds (2/3) vote shall suspend the rules: (1) Invocation {1}{2) Pledge to the flag; {R}{3) Roll call; {3}(4) Minutes-ef-last-meeting; Report From the Sub-Committee on Minutes {4}{5) Special business; {5}{6) Repents-ef-eettne eemmittees, Report(s) of City offices; {6}(7) Committee of the Whole: (a) Second Readings by Title Only (b) Public Hearing on Each Bill Listed (c) Recommendation from the Committee of the Whole on Each Bill {9}{8) Bills on seeend third reading; (a) Third Readings by Title Only (b) Formal Disposition on Each Bill by Roll Call Vote {8}{9) Resolutions; (a) Formal Presentation (b) Public Hearing (c) Roll Call Vote by Council {9}{10) Bills on first reading; {1e}----Petit ens; (11) Unfinished business; (12) New business; (13) Privilege of the floor; (a) Individuals who wish to address the Council must state their name and residential address. (b) Individuals will be limited to three (3) minutes only. The maximum time limit for this oortion of the meeting shall be thirty (3 0) minutes. (c) Individuals may address only issues over which the City has jurisdiction. (d) Individuals shall not be permitted to address topics which the Council has heard previously on the agenda. (14) Adjournment. • Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Council • Member of the Council Footnote no. 1 : I.C . 36-4-5-3 (2) - addresses the powers - arid deities of the rilayo'r and this requirement specifically • KATHLEEN CEKANSKI-FARRAND Attorney at Law Suite 202 First Bank Building 205 West Jefferson Boulevard South Bend, Indiana 46601 (219) 288-4935 March 25, 1988 The South Bend Common Council 4th Floor County-City Building South Bend, IN 46601 Re: Substitute Bill No. 10-88 Dear Council Members: I am attaching a copy of Substitute Bill No. 10-88 for your review. This version incorporates all of the changes discussed at yesterday's Committee of the Whole meeting. The major changes are as follows: 1. Section 2-2 has been amended to include references to the travel and promotional expenses as well as instruction. 2 . A new Section 2-3 entitled "Mayor's Annual Address to Council", 3 . In Section 2-9 (v) Clarification of the forms required for Ordinance and Resolutions, 4 . In Section 2-11 (a) Clarification of the Vice- President of the Council presiding in the absence of the Chairman of the Committee of the Whole, 5. In Section 2-11 (b) Clarification of the words of explanation required of the Chairman of the Committee of the Whole when considering proposed Bills filed for Ordinance consideration and clarification of the roll of the President of the Council when explaining the procedure to be filed for public hearings on Resolutions and subpart (1) ; and in subpart (3) requiring that any reports from Common Council committees be given first, with the reports from any City departments or subdivisions thereof coming second, and any reports from the Area Plan Commission coming third. • 6. In Section 2-11 (d) (5) the insertion of a thirty minute maximum for the public portion speaking in opposition to a Bill or Resolution. 7. In Section 2-12 the order of business of the Common Council meetings has been amended by including an invocation as the first order of business. I thank each of you for your assistance in reviewing this substitute Bill. If you have any questions, please feel free to contact me. Thank you. Sincerely, '-Vt;75 Kathleen Cekanski-Farrand Council Attorney KCF:srk Attachment Montinm##rr itrpnr# __ (�o oe Truman f!Iouuril of Or Olitj of'uu#11 Netth: Your Committee of the Whole to whom was referred BILL NO. 10-88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 1 OF CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY REFERRED TO AS "THE COMMON COUNCIL. " • Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. as amended by substitution. • Thomas Zakrzewski Chairman FREE PR[OO aldiebal PUOII$H NG CO.