CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE:  Adopt an Ordinance amending certain procedural provisions of the Code of Ordinances of the City of Texarkana; and for other purposes. (BOD) (THIRD READING) (This item was requested to be added to the agenda by Mayor Ruth Penney Bell.)

 

AGENDA DATE:  07/17/2017

ITEM#:  10   

DEPARTMENT:   Board of Directors

DATE SUBMITTED:  06/13/2017

PREPARED BY: City Clerk Heather Soyars

SUBJECT: Ordinance to amend procedural provisions

EXHIBITS:  Ordinance, Proposed Code Changes and Proposed Rules of Order & Procedure   

APPROVAL:

 

This item was requested to be added to the agenda by Mayor Ruth Penney Bell.

 

EXPENSE REQUIRED:

AMOUNT BUDGETED:

APPROPRIATION REQUIRED:

SUMMARY: This item was requested to be added to the agenda by Mayor Ruth Penney Bell.

 

BOARD ACTION: This item was requested to be added to the agenda by Mayor Ruth Penney Bell.

 

EMERGENCY CLAUSE: None requested

 


 

ORDINANCE NO. _______

AN ORDINANCE AMENDING CERTAIN PROCEDURAL PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF TEXARKANA; AND FOR OTHER PURPOSES

 

WHEREAS, the Board of Directors has determined it is necessary to amend certain procedural provisions contained in the Code of Ordinances of Texarkana, Arkansas (the “Code”), to provide for more efficient meeting agenda formulation and management; and 

WHEREAS, while amendments to the Rules of Order and Procedure are typically undertaken by resolution, in order to implement the modifications to the Rules of Order and Procedure necessitated by the amendment to the Code herein, such necessary amendments to the Rules of Order and Procedure are herein contained;

NOW THEREFORE, BE IT ORDAINED, by the Board of Directors of the City of Texarkana, Arkansas, that:

SECTION 1.  Section 2-17 of the Code is deleted in its entirety and the following is substituted therefore:

Sec. 2-17. - Bringing business before board—Filing.

(a) All matters of business coming before any regular meeting of the board of directors for action shall be filed with the office of the city manager by 5:00 p.m. on the second Wednesday prior to the regular board meeting.  Failure to file notice of intention to seek action on an item of business at least seven (7) business days prior to a regular board meeting shall prevent said business from being included as an agenda item at said meeting. 

(b) Copies of filings made in accordance with this section shall be provided to the city manager, city attorney and to each city department head.  Department heads and/or the city attorney may thereafter provide comments concerning each proposed item to the city manager.  The city manager, by 5:00 p.m. on the Wednesday following the timely filing of an item, and after consideration of any comments received in accordance with this provision, shall make a recommendation of “staff recommends approval” or “staff does not recommend approval” as to each item filed.  Unless board consideration is necessitated by other applicable law (for example, proper administrative appeal or consideration of prior action of the planning commission) items not recommended for approval by staff shall not be included on the agenda for the upcoming board meeting and, for any such item originally filed by a member of the board of directors, the city manager shall promptly (within at least 30 days) schedule a workshop of the board of directors for the purpose of discussing the item and, in the event that the item thereafter receives the affirmative endorsement of at least two members of the board of directors, the same will be added to the agenda for the next regularly scheduled meeting occurring no sooner than seven (7) business days following the workshop.

(c)  Matters which have been previously voted on and decided by the board of directors at a regular or special meeting of the board cannot be reconsidered at the meeting during which the same was voted and decided, nor resubmitted to the board of directors until the expiration of one hundred eighty (180) days after such vote and decision unless reconsideration is approved by a two-thirds (2/3) vote of the board of directors. 

SECTION 2.  Section 2-20 of the Code is deleted in its entirety and the following is substituted therefore:

Sec. 2-20. - Approval of ordinances, etc.; disposition of copies.

Upon adoption of an ordinance or resolution, the city clerk shall cause the same to be included in the official records of the city and retain the same in accordance with the Records Management and Retention Plan.  Further, the clerk shall provide electronic or hard copies to the head of each department affected.  

            SECTION 3.  The subsection entitled “Formulation of Agenda” contained in Section B of the Rules of Order and Procedure is deleted and the following is substituted therefore:

            Formulation of Agenda

1)     Preparation of the agenda for each Regular or Special Meeting of the Board of Directors shall be in accordance with the procedures set forth in the Code of Ordinances of the City of Texarkana, Arkansas.

2)     Items added to the agenda upon the request of a member of the Board and endorsed by one or more members of the Board in accordance with the Code of Ordinances of the City of Texarkana, Arkansas, shall be identified on the agenda as so requested or endorsed.

3)     The agenda shall be completed by the city clerk under the supervision of the city manager and distributed to the Board members and news media prior to the close of business on Thursday preceding the regular Board meeting.

4)     The agenda for special meetings shall be available to the Board of Directors and news media as far ahead of the special meeting as practical.

            SECTION 4.  The subsection entitled “Reconsideration” contained in Section E of the Rules of Order and Procedure is deleted.

PASSED AND APPROVED this 17th day of July, 2017.

 

 

 

_____________________________

Ruth Penney Bell, Mayor

ATTEST:

 

________________________________

Heather Soyars, City Clerk

 

APPROVED:

 

________________________________

George M. Matteson, City Attorney