HomeMy WebLinkAboutOrd 0856 - City Council Procedures (Vetoed) j Cr
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Ordinance No 856 0
"1lDIid1�TC� �'��O e
AT.q ORDIT.'CE relating to Council Procedures, repealing
Ordinances 5 7 728, 804; and amending Tukwila
Municipal Code, Chapter 2.04, Sections 2.04.010 through
2.04.200 and adding new sections to same.
THE CITY CCUI'TCIL OF THE. CITY OF TUi'WILA DO ORDAIN AS FOLLOWS:
SECTION I. "eetings
A. Meetings declared open and public. All meetings of the City Council,
Beards and Commissions, of the City of Tukwila shall be open and public and all
persons shall be permitted to attend any meeting of these bodies, except as
otherwise provided in this ordinance.
B. Regular Meetings The City Council shall meet regularly on the first and
third Jiond: y of each month at 7:00 p.m., except that when either of these days
falls on a legal_ or national holiday the Council shall meet on the following
evening at the same hour. The City Council shall meet at Tuh dla City Hall,
Tukwila, Washington.
C. Committee—of—the—Whole Meetings The Council shall sit as a committee on
the second and fourth Mondays of each month, and the second and fourth Thursdays
of each month at 7:30 p.m. at Tukwila City Hall Complex.
D, Special Meetings A Special Meeting may be called at any time by the
Presiding Officer or by a majority of the Council_ ^embers. Notice of such meeting
shall. be in accordance with RCW 42.30.080.
E. Ad jounments Any regular, adjourned regular, special or adjourned special
meeting may be adjourned in the manner as set forth in ROW 42.30.090.
F. Continuances Any hearing being held, noticed, or ordered to be held by
the City Council may be continued in the manner as set forth by RC?T 42.30.100.
G. Executive Sessions The City Council may hold an' executive session
during; a regular or special meeting to consider certain matters in the manner as.
set forth in RC„ 42.30.110.
SECTION 11. Agenda All reports, communications, ordinancas, resolutions,
contract documents, or other matters to be submitted to the Council shall be
delivered_ to the City Clerk by five p.m. on the Wednesday preceding each Committee
o f the— Wnole Monday meeting. The City Clerk shall then prepare a proposed agenda,
with attachments, according to the order of business. After each Committee --of—
the— `thole Thursday meeting, upon notice from the Council, the City Clerk shall
prepare the final agenda, which shall be distributed to the Mayor, Councilmembers
and the City Attorney no later than five p.m. on the Friday preceding the regular
Council meeting. A copy of the agenda shall be posted on the bulletin board. at
City C_�_�� Hol1.
SECTION III, Mayor Pro —T empore
A. The Councilme :bers, annually, at the first meeting in January, and there—
after whenever a vacancy occurs, shall elect'from their number a mayor pro— tempore
who shall hold office for a period of one year, and in case of the absence of the
mayor, perform the duties of mayor except that he shall not have the power to
AV c d7v
appoint a_ remove any officer or to veto any ordinance. If a vacancy occurs in
the o_.'fice of mayor, the city council at their next regular meeting shall elect
their number ,^:ay l serve mayor is elected and certified �l a
from ..be_ a mayor, who shams_ serre ur_�i� a
at the next general election.
B. The mayor pro tempore shall additionally be the President of the Council.
S=TIOTT IV. Presiding Officer
A. All meetings of the Council shall be presided over by the Mayor, Or, in
his s ar se__ce by the Mayor pro— tempore. If neither the Mayor nor the Mayor pro
to '.pore are present at a meeting, the presiding officer for that meeting shall be
elected by a majority vote of those council embers present; provided there is a
a 1 ,10 ru.
B. If the Clerk is absent from a council meeting the Mayor or Mayor pro
terpore shall appoint one of the members of the Council as Clerk pro— tempore.
The appointment of a councilmember as Mayor pro— tempore or Clerk pro
tem_ore shall not in any way abridge his right to vote upon all questions coming
before the Council.
D. The presiding officer shall preserve strict order and decorum at all
meetings of the Council. He shall state all questions coming before the Council,
provide opportunity for discussion from the floor, announce the decision of the
Council on all subjects and decide all questions or order, subject to the appeal
of the Council; in which event a majority vote of the Council shall govern.
SEOTIO=a V. (hzorthn At all meetings of the City Council, a majority of the
Couicilr:embers, in no case less than four, shall constitute a quorum for the
transaction of business, but a less number may adjourn from time to time as set
forth in RCN 42.30.090.
SECTIOIT VI. Standing Committees
A. There Is established the following Standing Committees of the City
Council. The Council !'resident shall appoint the membership of each committee,
with a majority approval of the remaining Councilmembers. Committee chairmen,
meeting date and time shall be determined by individual committees.
1. Public Wor's three members
To consider and make recommendations relating to water, sewer,.
underground utilities, public buildings, streets, bridges and flood control.
To make policy recommendations on all matters relating to building
permits, and building, plumbing and electrical codes.
2. Public Safety and Health three members
To make policy recommendations on all matters relating to fire and
police protection, citizen health, animal control, Emergency Services, air, water
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and noise pollution.
021.
3. Finance and Personnel three members
To make policy recommendations relating to fiscal policies of the
City, including but not limited to appropriations, revenues and other incomes,
the financing of personal and /or real property by the City or in which it has an
interest; furthermore, all policy matters relating to personnel practices and
management including but not limited to wage studies, conditions and terms of
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employment, labor negotiations and the establishment of a harmonious relationship
between City mini.srat±on .and its employees, and all other matters or issues
directly or indirectly relating to the aforespecified subject matter.
4. Community Affairs and Intergovernmental Relations three members
To make policy recommendations on all matters relating to the planning
of the physical, esthetic, social and economic development of the City and the
planning and implementation of cultural and recreational facilities and activities
within the City.
To make recommendations on all matters of joint interest between the
City of Tukwila and the Federal, State and County Governments, and other
municipalities and governmental agencies, and school districts.
To make recommendations regarding legislation or other information
which relates to the City; legislation of a general nature, update of City
ordinances ana Tukwila Municipal Code.
B. The Committee Chairmen shall cause to be posted at least one day prior
to all meetings an agenda of the meeting. Cancellation of a meeting shall be
accomplished in the same manner. Temporary change in the place of the meeting
shall be included in the agenda for that meeting. Minutes shall be taken and
distributed to each Council_meaber.
C. Standing Committees shall act on all natters referred. All matters in
committee may be recalled to the table by a majority vote of the Council.
D. A majority rrcornendation of the committee must be'signed by a majority
of the entire committee before the matter may be-returned to the Council. A
majority recommendation may be "Do Pass "Do Not Pass or "Do Pass as Amended
Upon final action of the committee, the recommendation shall be forwarded to the
City Clerk, to be Placed on the agenda for the following Council meeting.
SECTION VII. appointments All appointments to boards and commissions of
the City of Tukwila, and appointments of representatives to other governmental
agencies, boards and commissions shall be appointed by the Mayor and confirmed by
a majority vote of the Council.
SECTION VIII. Rids All sealed bids called by the Council in accordance with
RCW 35.23.352, shall be submitted to the City Council. Bids shall be opened by
the Council President at a regular Council meeting.
SECTION IX. Order of Business
A. The order of business shall be as follows:
1. Pledge of Allegiance
2. Call or Order and Roll Call
3. Approval of Minutes of Previous Meeting
4. Approval of Vouchers
5. Bid Openings
6. Appointments
7. Public Hearings
u. Petitions, Communications, Appeals and Similar Matters
9. Ordinances and Resolutions
10. Departmental and other Matters Requiring Council Action,
11. Department Reports
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12, _:iscellaneous Unfinished Business
1'3. Other Business and Further Audience Comment
14. Adjournment
B. Ln item of business may be changed to a different order during a meeting
by a majority vote of the Councilmembers.
S IO7 X. Ordinances, Resolutions, Motions, Contracts, Etc.
A. The enacting clause of all ordinances shall be: "THE CITY COUNCIL OF
TH7 CITT 3 r,�r- t n R n IT F T YS tr
CITT tlj_it .."1..A DO ORDAIN l� J li _i� 5w�.
="o ordinance shall contain more than one subject and that must be
clearly expressed in its title.
o ordinance or any section thereof shall be revised or amended unless
the new erdinance sets forth the revised ordinance or the amended section at
full 1 n •z `T
_:o ordinate and no resolution or order shall have any validity or effect
unless Passed by the votes of at least four coucilmembers.
No ordinance shall take effect until five days after the date of its
Publication unless otherwise provided in applicable state statutes.
Every ordinance which passes the Council in order to become valid must be
presented to the Mayor; if he approves it, he shall sign it, but if not, he shall
return it with his written objections to the Council and the Council shall cause
his objections to be entered at large upon the journal and proceed to a reconsid—
eration thereof. If upon reconsideration five Councilmembers voting on a call of
yeas and nays favor its passage, the ordinance shall become valid notwithstanding
the Mayor's veto. Or, by majority vote of Councilmembers the ordinance may be
referred to Committee, tabled, or postponed to a future regular meeting for con—
sideration. If the Mayor fails for ten days to either approve or veto an
ordinance, it shall become valid without his approval.
Every ordinance shall be signed by the Mayor, or in his absence, the
Mayor pro— tempore, and attested by the City Clerk.
B. Any Councilmember, Standing Committee, Lead of Department or Mayor may
submit an ordinance, resolution or any other matter to the Council for considera—
tion by filing same with the City Clerk in accordance with Section 11 of this
ordinance.
C. Introducing Proposed Legislation Ordinances, resolutions, and other
Tatters reouiring action by the Council shall be introduced and sponsored by a
Councilmember except that the City Attorney may introduce ordinances, resolutions
and other matters to the Council, and any Councilmember may assume sponsorship
thereof by so moving.
U. iTotin Silence of a Councilmember during a voice vote shall be recorded
as an affirmative vote. A roll call vote shall be taken on all ordinances and
resolutions and motions to suspend rules. The recording of the vote of each
Councilmember may be required by any member. Each member present must vote on
all questions before the Council and may abstain only for reasons acceptable
to a majority of the Council.
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E.
Reading _Pro posed Ordinances Any Councilmember may demand and have a
full reading of a proposed ordinance immediately before a vote is called on its
final adoption. Otherwise, with Council approval it shall not be necessary to
read excessive detail set forth in a particular ordinance, and in lieu thereof an
oral ,.1 summary of the contents shall
be made.
F. Speaking Procedure
1. A Councilmember desiring to speak shall address the Chair and upon
reco:drition by the presiding officer shall confine himself to the question under
debate.
2. Any member, while speaking, shall not be interrupted unless it is to
'tea 1 him to order.
3. 7o Councilmember shall speak a second time upon the same motion
be opportunity has been given each Councilmember to speak on that motion.
C. .ddressing the Council
1. Any person, with the permission of the presiding officer, may address
the Council, but the presiding officer shall be required to give recognition in
the following order:
(a) To those whose request to be heard is contained in the written
agenda.
(b) To those who have submitted their request to be heard to the
City Clerk before the Council meeting.
(c) To those who ask recognition from the floor.
2. If the matter about which the request is to be heard is not contained
in the written agenda, these requests shall be honored only during that portion.
of the meetin reserved for other business.
3. In addressing the Council, each person shall stand, and after recog—
nition, give his name and address, and unless further time is given by the
presiding officer, shall limit his address to five minutes. All remarks shall be
made to the Council as a body and not to any individual member.
4. No Person shall be permitted to enter into any discussion from the
floor without first being recognized by the presiding officer.
5. Any Person .making personal, impertinent or slanderous remarks while
addressing the Council shall be barred from further audience by the presiding
officer unless permission to continue is granted by majority vote of the Council.
SPC.1IO'T XI. .eadin of inutes Unless a reading of minutes of a Council
meeting is rouested by a Councilmember, such minutes may be approved without read—
ing; provided the City Clerk har: furnished each member with a written copy of the
minutes prior to the meeting.
SECT
TON iOiw 1'II. Attendance
A. All Councilmembers are required to be in attendance at regular, special
and Public Hearing meetings of the City Council. A.member may be excused provid—
ing prior notification was furnished the Council President, or in his absence, the
senior member of the Council, stating the reasons for his absence. A motion to
excuse a Councilmember shall be considered after the taking of the roll call.
B. If a Councilmember absents himself for three consecutive meetings without
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c=u—e4. by the Council, the office shall be declared vacant by the Council.
CT1O T )VII. Publication and Postin of Ordinances and Notices
I. ...1_
ordinances approved, passed and enacted by the City Council shall be
published once in a named legal newspaper of general circulation u thin the city,
as desi _ed by the City Council.
B. hing herein shall be construed so as to prevent the public Posting of
ordinences in lieu of publication, as provided by law.
C. All ordinances, notices or other matters required by law to be publicly
posted the City and all boards, commissions, or agencies thereof, shall be
post :f_r the period required by law in the following public Places: Tukwila
City al City Hall Annes and the City Park on 65th Avenue South.
;E?:IO XIV. Recess A motion for temporary recess shall always be in order
and ray 1 a be debated.
SHCTIO7 XV. Adjourrment A motion to adjourn shall always be in order and
may not :De debated.
SETH ON ON 1 DTI. Questions of Parlimentary Procedure Questions of parlimentary
procedure, not covered by this ordinance, shall be governed by Robert's Rules of
Order.
SHCT1OH XVII. If any part or Parts of this ordinance conflicts with State
statute, or are found invalid, that part or parts, will not invalidate the
remainder of this ordinance.
S_:CTIO N ?VIII. This ordinance shall take effect and be in force five days
after its oassabe, aprroval and Publication.
-�cr C r n OF T OF T 7 t t'
PASSED 37 TED CITY �OL_4�,IL Ol THE CITY O�� lUf�tTll� at a regular meeting
a.
/..Q.t day of /f_ e,∎ 1974. Vetoed by Mayor 4
day of 19 74
City of Tukwi a
Poo-Tern
1'
Date of Approval
lla r
ATT.u'T:
City Cler
-P ZOV AB TO P ORi';
City Attorney
As City Attorney I cannot approve this Ordinance either as to form or content because
in my opinion it violates state laws.
�R..Pa
City Attorney 6
City of Tukwila
Published: Highline Times no
/11� `WIL
Frank Todd, Mayor eJ A
CITY or TUKWILA
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kV
475 59TH AVENUE SOUTH
Aft
TUKWILA, WASHINGTON 98067
/908
April 3, 1974
Council President, Dwayne Traynor
Members of Tukwila City Council
Gentlemen:
Please consider this my letter of VETO of Ordinance #856, passed by
the Council at the Meeting of April 1, 1974.
The reasons for my veto, as required, are enumerated below:
1. The City Attorneys opinion that the Ordinance is in conflict
with State Statutes.
2. Section I paragraph C, is in conflict with State Statute,
RCW 35.24.180.
3. Section III,a. This section requires additional phraseology
to say "qualified and assumes office In its present form,
it is presumptive.
4. Section VI, paragraph 1, seeks authority presently held by
the State Department of Labor and Industries and by King
County Washington.
5. Section VI, paragraph 3, language used in this section
indicates the Council will "manage" personnel on the payroll
of the City.
6. Section VII, "Appointments" the appointments language is
inconsistent with State Law and projects Council authority
into administrative areas.
7. Section VIII, "Bids" the language in this section in impracticle,
cumbersome and unworkable if efficiency is required. It appears
the Council misunderstands the intent of RCW 35.23.352.
RCW 35.23.352 interpreted in any practical way does not contem-
plate delaying bid openings as the Council appears to understand
it. The City Clerk should receive the sealed bids, and the
involved Department Heads and she should open the bids during
normal business hours. They then should submit the bids, results,
recommendation and accompanied with necessary Resolution for
action, to the City Council at the earliest possible regular
meeting. To do otherwise could be very costly to the City and
would make it impossible to award a bid without a "3 meeting
process" consuming 6 to 7 weeks of everyones time.
8. XII sub paragraph b. Language contained in this section is in
conflict with 35.24.100.
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Council President, Dwayne Traynor
April 3, 1974
Page 2
9. XIII sub paragraph a, language in this section lacks definition.
Clarification is in order to prevent litigation in this area.
10. I have purposely left section X sub paragraph a, until these
last remarks, in as much as this section is indicative of the
inordinate manner by which this Ordinance seems to have
been compiled. I draw special attention to the fact that this
subject ordinance is in conflict with its own specifications.
Any Councilmember, in the future, wishing to submit an ordinance or
other legal document for full Council consideration would do well to
channel his or her ideas through the City Attorney and request that
the City Attorney draw the ordinance in acceptable legal form.
Respectfully submitted,
CITY OF TUKWILA
)*044e.0
Frank Todd
Mayor
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