HomeMy WebLinkAboutORD1267ORDINANCE NO. 1267
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,ADOPTING BY REFERENCE THAT
CERTAIN DOCUMENT ENTITLED "AMENDMENT TO APACHE JUNCTION
CITY CODE, VOLUME I, CHAPTER 2, MAYOR AND CITY COUNCIL,
ARTICLE 2-4, COUNCIL PROCEDURE, ARTICLE 2-5, ORDINANCES,
RESOLUTIONS AND COUNCIL ACTION",PURSUANT TO ARIZONA
REVISED STATUTES ANNOTATED ("A.R.S.")SECTION 9-802;
REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR
SEVERABILITY.
WHEREAS,the mayor and city council have recently been
concerned about the location on council agendas of community
announcements; and
WHEREAS, many attendees at council meetings do not hear the
announcements since they leave well before the announcements are
made; and
WHEREAS, the mayor and city council desire the item. to. be
placed earlier on the agenda so as to reach as many attendees as
possible; and
WHEREAS, in early 2006, the mayoryand city counciIdirected-the city attorney to draft an ordinance wherein the order of
business would be changed' so .that :announcements - would occur
immediately after the consent calendar; and
WHEREAS, in drafting the ordinance,-other code irregularities
were identified; and
WHEREAS, staff recommends numerous changes to Article 2 which
includes the mayor and city council's original request to move the
announcement item from the end of the agenda to near the beginning;
WHEREAS, due to the numerous changes to the Code, it is now a
lengthy amendment; and
WHEREAS, it is recommended that the mayor and city council
adopt the amendments to the 'city code by reference to avoid the
costly publication costs.
ORDINANCE NO. 1267
PAGE 1 OF 3
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I.GENERAL
That certain document entitled "Amendment to Apache Junction
City Code,Volume I,Chapter 2,Mayor and City Council,
Article 2-4, Council Procedure, and Article 2, Ordinances,
Resolutions and Council Action",three copies of which are on
file in the office of the City Clerk of the City of Apache
Junction,Arizona,and which was made a public record by
Resolution No. 06-13, is hereby referred to, adopted and made
a part hereof as is fully set out in this ordinance, and as
authorized by A.R.S.Section 9-802.
SECTION II.REPEALING ANY CONFLICTING PROVISIONS
The following Apache Junction City Code Sections are'. hereby
repealed in their entirety:
Section 2-4-9
Section 2-5-3
Section 2-5-4
Suspension of Rules
Same Day Passage Prohibited
Two Separate Readings
All other ordinances and parts of-ordinances-in -dOnflict-with
the provisions of this ordinance or in conflict with any:part:-
of .the .code adopted herein(by refekende are also hereby
repealed.
SECTION III.PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance, or any part of the code adopted herein by reference
is for any reason held to be invalid,pre-empted or
unconstitutional by the decision of any court of competent
jurisdiction, such decisions shall not affect the validity of the
remaining portions thereof.
ORDINANCE NO. 1267
PAGE 2 OF 3
PASSED AND ADOPTED BY THEMAYUR AND CITY COUNCIL OF THE CITY OF1APACHE -JUNCTION, ARIZONA, THIS 2ND DAY OF MAY ,2006.
SIGNED AND ATTESTED TO THIS 2ND
ATTEST:
_KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
R. Joel STERN
City Attorney
.ORDINANCE NO. 1267
PAGE 3 OF 3
DAY OF MAY , 2006.
. popcL4s /COLEMAN
,Mayor
AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 2,
MAYOR AND CITY COUNCIL, ARTICLE 2-4, COUNCIL PROCEDURE AND
ARTICLE 2-5, ORDINANCES;RESOLUTIONS AND COUNCIL ACTION
'Article 2-4 COUNCIL PROCEDURE
2-4-1 .Regular Meetings
2-4-2 Special Meetings
2-4-3 Meetings Open to the Public
2-4-4 Quorum
2-4-5 Agenda
2-4-6 Order of Business
2-4-7 Committees, Boards and Commissions
2-4-8 Voting
Section 2-4-1 Regular Meetings
The regular meetings of the council shall be scheduled for the first
and third Tuesdays of each month at seven o'clock p.m., in the Apache
Junction City Hall Complex, 300 East Superstition Boulevard, Apache
Junction, Arizona. However, when circumStances are such that there is
no official business requiring council consideration or that there
will be no quorum of the council present,the meeting may be
cancelled by the mayor after notifying all members of the council,
the manager and the city clerk. Notice of cancellation of the meeting
shall be posted at least forty-eight (48)hours prior to the time
originally scheduled for the meeting in at least three public places
in the city. At no time, however, shall the council meet less than
once per month.
Sec. 2-4-2 Special Meetings
The mayor, city manager, or city attorney, may convene the council at
any time by notifying the, members of the council of the date, hour
and purpose of such special meeting. The public shall be given at
least .twenty-four (24) hours notice of any such special meeting by
the posting of such notice in at least, three public places and
preparation of an agenda in accordance with applicable state law;
except that in the case of an actual emergency, a meeting may be held
upon such notice as is appropriate for the circumstances in
accordance with applicable,state.law.
Sec. 2-4-3 Meetings Open:to-the Punic
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A.All official meetings of: the CounciUat which any legal action
is taken shall be opeh-.to..-th.eptiblic Notice of meetings shall
be given in a manner consistent with applicable state law. Upon
approval by a majority vote of the .council, the council may meet
in a closed executive session for a discussion of the following:
1.Discussion or consideration of employment,assignment,
appointment,promotion,demotion,dismissal,salaries,
.‘disciplining or reSignation of a public officer, appointee
or employee of the city, except that with the exception of
salary discussions, an officer, appointee or employee may
demand that such discussion or consideration occur at a
public meeting.The city shall provide the officer,
appointee or employee with written notice of the executive
session as is appropriate but not less than twenty-four
(24)hours for the officer,appointee or employee to
determine whether the discussion or consideration should
occur at a public meeting.
2.Discussion or consideration of records exempt by law from
public inspection, including the receipt and discussion of
information or testimony that is specifically required to
be maintained as confidential by state or federal law.
3.Discussion or consultation for legal advice with the city
attorney or other attorneys of the city.
4.Discussion or consultation with the city attorney or other
attorneys of the.city in:order. toconsider its position and
instruct such attorneys regardiji.g the city's position
regarding contracts.that are the SUbject of negotiations,
in pending or contemplated- litigation or in settlement
discussions conducted in order to avoid or resolve
litigation.
5.Discussions or consultations with designated
representatives of the city council in order to consider
its position and instruct its representatives regarding
negotiations with employee organizations regarding the
salaries, salary schedules or compensation paid in the form
of fringe benefits of employees of the city.
6.Discussions or consultations with designated
representatives of the city council in order to consider
its position and instruct its representatives regarding
negotiations for the purchase,sale or lease of real
property.
B.Minutes of executive sessions shall be kept confidential except
from members of the council, officers, appointees or employees
who were subject of discussion or consideration in executive
session,or in case of an official investigation,from
investigating officials,as authorized under applicable state
C.
law.
No executive session may bo held for the purpose of taking any
final action or making any final decision.
Sec. 2-4-4.Quorum
A majority of the councilmembers shall constitute a quorum for
transacting business, but a lesser number may recess from tite to
time and compel the attendance of absent members, in such a manner
and under such penalty as the council may by ordinance have
previously prescribed.Councilmembers may appear for a meeting
telephonically or by video conferencing.
Sec. 2-4-5 Agenda
Prior to .each council meeting or on or before a time fixed by the
council for preparation and distribution of an agenda, whichever is
earlier,' the city manager shall collect .all written reports,
communications,ordinances,resolutions,contracts and other
documents which are to be submitted to the council, and shall prepare
an agenda according to the order of business set forth below in
Section 2-4-6.A copy of the agenda and pertinent material,as
approved by the city manager, shall be furnished to the mayor and
council,city manager,and each pertinent department and the city
attorney by the city clerk.
Sec. 2-4-6 Order of Business
,The business of the council shall be considered,numbered on the
agenda and disposed of in the -order listed below.However,the
council may change the order at the discretion of the mayor.
A.Call to Order.The mayor shall take the chair preciSely at the
hour set for the meeting and shall immediately call the council
to order. In the absence of the mayor, the vice mayor shall call
the council to order. In.the absence of both the mayor and vice
'mayor,the city clerk shall call the council to order and an
acting mayor shall be selected to chair the meeting.Upon
arrival of the mayor or the ,vice mayor, the vice mayor or the
acting mayor shall immediatelyrelinquish the chair upon the
conclusion of the business immediately before the council. The
mayor shall preserve'orderand-decortim,..,decide all questions of
order and conduct the :proceedings of the meetings in accordance
with the parliamentary ,-tule contained'in Webster's New World
Robert's Rules of Order,Copyright 1999 by Robert McConnell
Productions or as may be TeviSed: Any conflict under these rules
with state law shall render such rules unenforceable and state
law and/or other local regulations may apply. The city attorney
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may serve as parliamentarian or a parliamentarian may be
appointed by the council for regular and special meetings.
B.Invocation and Pledge of Allegiance.The mayor shall call upon
the vice mayor, member of council or a member of the public for
an Invocation and the pledge of allegiance.
C.Roll Call.Before proceeding further on the agenda,the city
clerk or deputy city clerk shall call the roll of the members,
and the names of those present shall be entered in the minutes.
If. a quorum is not present, the members may adjourn pursuant to
Section 2-4-4 of this code.
D.Consent Agenda.The council may,at this time,take single
action on any or all items listed as consent agenda items. These
items may include, but are not limited to, acceptance of agenda,
acceptance of minutes;appointments, acceptance of resignations
and adoption of certain resolutions and other items which do not
require a public hearing. The.consent_Agenda is a time saving
device of which the mayor ,cind city 'council is to receive
documentation on these iteiTta from the.city manager for their
review prior to the meeting,Any member- of the council may
remove any item from the consent ,Agend for .discussion and cause
a separate vote on the ma'tter laterintiie agenda.
E.Awards,Presentations,Proclamations,and Acknowledgement of
Distinguished Guests and Visitors,and Staff Presentation of
Receipt of Grant or Donated Funds.Awards, presentations from
other organizations,proclamations issued by the mayor,and
acknowledgement of distinguished guests and visitors, and staff
presentation of receipt of grant or donated funds are permitted
at this time.
F.Call to the Public.At this time the council shall, as it deems
necessary, consider all business not specifically provided for
herein.Requests,petitions,remonstrances,communications,_
cOmments or suggestions from citizens present shall be heard.
All speakers must submit a written "Request to Speak" form to
the city clerk in advance of this item. All such remarks shall
be addressed to the council as a whole and not to any member
thereof. The Council may not answer questions of the speaker but
may, at the conclusion: 1) respond to criticism by.a speaker; 2)
ask staff to review a matter; 3) ask staff to place the matter
on a future agenda.Council shall not discuss or take legal
action on matters raised at Call to the Public unless the
matters have been properly noticed for discussion and legal
action. Each speaker must approach the podium, speak into the
microphone, provide their name and address. There is a three (3)
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minute time limit per speaker. Call to the Public is typically
limited to items within the jurisdiction of the city.If the
content of the information, relates to a public hearing,the
mayor may advise the Speaker to wait for the public hearing on
the.particular issue.•
G.Announcement of Current Events.The mayor or any member of
council may at this time present a brief summary of current
events. However, no discussion shall take place on such items
except for clarifying comments related to substance, time and
locatiOn.
H.City Manager's Report.The city manager, members of the city
staff or those individuals designated by the manager may present
information pertinent to items under consideration or
information related to the operation of the city. There shall
however be no discussion at this time except for clarification
inquiries.-
I.Public Hearings.Public hearings required by applicable law
shall be conducted by the. council and any person shall be given
the opportunity to speak. All yethajcs shall be addressed to the
council as a whole and not -tO any member thereof. Such remarks
shall be limited tojive (5) minutes unless additional time is
granted by the mayor. This time limitation shall not apply to
applicants and their agents appearing • before the council.
J.Old Business.The council shall consider any business that has
been previously considered and which' is still unfinished to
include those items previously postponed or tabled. No member of
the public shall be permitted to speak on these items unless
invited to do so by the mayor after first submitting a written
request to speak form with the city clerk.
K.New Business.The council shall consider any business not yet
considered. No member of the public shall be permitted to speak
on these items unless invited to do so by the mayor after first
submitting a written request to speak form with the city clerk.
L.Council Direction to Staff.This item allows the mayor and city
council to direct staff on specifically listed matters.
M.Adjournment.The mayor shall at the conclusion of all items on
the agenda, adjourn the meeting without the necessity of a vote.
Sec. 2-4-7 Committees, Boards and Commissions
The council may create such committees, boards and commissions,
standing,advisory,or special,as it deems necessary.Such
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committees, boards and commissions shall consist of as many members
and shall perform such duties as the council may require and shall
exist at the pleasure of the coUncii.No employee or appointed
officer of the city may serve as a voting member of any such
committee, board or commission.
Sec. 2-4-8 Voting
A.The mayor shall vote as a member of the council.
B.The ayes and nays upon all questions shall be taken and entered
in the minutes by roll call.
Article 2-5 ORDINANCES, RESOLUTIONS AND COUNCIL ACTIONS
2-5-1 Prior Approval
2-5-2 Reading of Ordinance
2-5-3 Requirements for an Ordinance
2-5-4 EffectiVe Date of Ordinances
2-5-5 Signatures Required
2-5-6 Publishing Required
2-5-7 Posting Required
Section 2-5-1 Prior Approval
All ordinances, resolutions and contract documents shall, before
formal presentation to the council, have been reviewed as to form by
the city attorney.When there are substantive matters of
administration involved,all ordinances,resolutions and contract
documents shall_ be referred to the person who will be charged with
the administration of such ordinance, resolution or contract. Such
person shall have an opportunity to present comments, suggestions and
objections, if any, prior to the passage of the ordinance, resolution
or acceptance of the contract.
Sec. 2-5-2 Reading of Ordinance
Unless requested to be read in full by a majority vote of
councilmembers present,the city clerk shall read the proposed
ordinance by title only. Upon completion 6f the vote on reading by
title only, the mayor and council-shaI1—V6te on the text after the
main motion is seconded..
Sec. 2-5-3 Requirements, for an Ordinance'
Each ordinance may have only one subject,the nature of which is
clearly expressed in the title. Whenever possible,each ordinance
shall.be introduced as an amendment to Volume I or II of the city
code or to an existing ordinance and, in such case, the title of the
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chapter, article and section proposed to be amended shall be included
in the ordinance.
Sec.-2-5-4 Effective bate of Ordinances
No ordinance, resolution or franchise shall become operative until
thirty (30)calendar days after its passage by the council and
signature by the mayor, except measures necessary for the immediate
preservation of the peace,health or safety of the city.Such an
emergency measure shall not become immediately operative unless -it
states in a separate section the reason why it is necessary that it
should become immediately operative, and unless it is approved by the
affirmative vote of three -fourths (3/4) of all the members elected to
the council taken by ayes and nays.
Sec. 2-5-5 Signatures Required
Every ordinance passed by the counpil shall,before it become
effective, be signed by the mayor and attested by the city clerk.
Sec. 2-5-6 Publishing Required
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•.-..Only such orders, resolutions, MotionS; regulations or proceedings of
the council shall be published as may be required by applicable
_federal or state law, city code or expreSsIY ordered by the council.
Sec. 2-5-7 Posting Required
Every ordinance imposing any penalty,fine,forfeiture or other
punishment shall, after passage, be posted by the city clerk in three
(3) or more public places within the city and an affidavit of the
person who posted the ordinance shall be filed in the office of the
city clerk as proof of posting.
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