HomeMy Public PortalAbout038-2020 - General Ordinance - Amends agenda format, etc.COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA
AMENDED ORDINANCE NO.38-2020
A GENERAL ORDINANCE AMENDING RICHMOND
CITY CODE SECTION 30.08 AND 30.12
(DELETION OF THIRD READING REQUIREMENT)
WHEREAS, Richmond City Code ("RCC") Chapter 30 (titled "Common Council") sets forth the
duties and authority of City of Richmond, Indiana ("City"), in connection with the
passage and adoption of various ordinances that are submitted and proposed to the
Common Council as the legislative and fiscal body of the City; and
WHEREAS, Said RCC Chapter 30 follows the general rules and requirements set forth in Indiana
Code (IC) 36=4z&I et seq. in order to, among other things, advance a proposed
ordinance through the public hearing process and keep the public advised of matters
on the table during the meetings; and
WHEREAS, The second reading of an ordinance opens the floor and table at the meetings and
hearings for purposes of holding public hearings on each of the ordinances and for the
purposes of opening each the ordinances for amendments; and
WHEREAS, When second -reading amendments are generally concluded, the next questions
entertained from Council members are: (1) on ordering the ordinance to be engrossed
in order that no other amendments except to strike the ordinance are made, unless by
unanimous consent and then (2) on progressing the ordinance through third and final
reading and passage; and
WHEREAS, The Common Council of the City has determined the part of the process known as
"third and final reading" can be modified in order to streamline the process after a
proposed ordinance has been engrossed; and
WHEREAS, The Common Council and City have identified provisions in said Chapter 30 to update
the process upon engrossment so that the unnecessary "third and final reading" portion
of the process is eliminated; and
WHEREAS, Other housekeeping changes have been identified in keeping with the current processes
and practices for submitting agenda items; and
WHEREAS, It is in the best interest of the City of Richmond, Indiana, to amend provisions set forth
in Richmond City Code Section 30.08 and 30.12 to update. the process of passing a
proposed ordinance after the question of engrossment has been taken and finalized.
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NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that
Section 30.08 and 30,12 of the Richmond City Code shall be modified with additions appearing in bold
font and with deletions appearing with stricken font as follows:
30.08 RULE II -ORDINANCES
(a) Classes of ordinances
(1) Ordinances shall be of three distinct classes:
(A) First, appropriation ordinances
(B) Second, special ordinances, pertaining to special matters
(C) Third, general ordinances, relating to the government of
the city
(2) The Clerk shall keep each class of ordinances in distinct files,
according to the number of their reading, and shall give each ordinance
of each class a distinct number in the order of its introduction, and shall
place the files on the Clerk's desk at the opening of each meeting.
However, no ordinance or resolution shall be presented to Council
unless the ordinance or resolution has been placed in the hands of the
City Clerk no later than 12:00 noon on the Thursday Wednesday
preceding Council meeting.
(b) No ordinance shall be permitted to be introduced to the Council unless
it is presented to Council by a member of Council. All ordinances which
require action by Council by existing law or in exercising the Administrative
function of government are considered to be sponsored by the President of
Council.
(c) The City Clerk shall, on receipt of a proposed ordinance, send a copy
of the proposed ordinance to each member of Council for inspection at least
two days before the next Council meeting.
(d) The vote on an ordinance or resolution on suspension of the rules, and
motions to reconsider, must be by roll call vote. Any two members may call
for the ayes and nays on any question or motion. Any member may call for a
division of a question when the sense will admit of it.
(e) Each ordinance shall be read through by title and the sections on
introduction and the ordinance shall then be referred by.the President to the
proper committee or to the Committee of the Whole. However, with. the.
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unanimous consent of the members of Council in attendance, any ordinance
may be read on first reading by title only.
(f) After introduction of an ordinance, the ordinance shall not be
considered for a second and final reading until the next scheduled meeting,
or at a special meeting called pursuant to Rules of Council, unless this rule be
suspended by unanimous consent, and then only in case there are present
and voting at least two-thirds of all the members of the Council.
(g) Each ordinance shall be read by title only on second and final reading,
at which time it shall be open for amendments. The next question will be on
ordering it engrossed. No. amendment, except to strike out, shall be in order
after the engrossment of an ordinance, unless by unanimous consent.
(h) Aftor se nd Feadinn on eFdmnan all not ho r.nnsideFe i fOF o thirr7
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Galled PUFs-ant_to Rules of rounnil, unlossthis Ulo be suspended by
two third of the members _clone of Geun„il_ After engrossment, any
member of Council may make a motion to call the vote for approval or
other disposition of the ordinance.
(i) (j) A two-thirds (213) vote of all the elected members after unanimous
consent of the members present to consider the ordinance is required to pass
an ordinance of the legislative body on the same day or at the same meeting
at which it is introduced.
An ordinance may be stricken from the files at any time by a vote of
two-thirds of all members of Council, or by a majority vote after the ordinance
shall have passed second and final reading.
(k) kl) Any ordinance failing to receive a majority vote upon engrossment will
be considered as still in its second and final reading and awaiting
engrossment, unless stricken from the files or otherwise disposed of by order
or permission of the Council.
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(1) {m) An ordinance failing to receive a sufficient number of votes on final
passage will be considered as lost and stricken from the files, provided that
the vote is not reconsidered within the time limit and manner authorized by
Section 30.10.
(m) "An amendment to an ordinance may be referred, delayed, or
otherwise disposed of, without delay or prejudice to the ordinance itself.
(n) {9) Ordinances reported back to the Council by Committees or officers will
take their proper place on first; or second erd reading.
,(o) (p) Ordinances, resolutions, and reports may be committed and
recommitted at the pleasure of the Council.
(p) {q} When any subject is referred to a Standing Committee or Special
Committee, the member introducing it shall be a member of the committee
during its deliberations thereon, but shall have no power to vote. He or she
shall be notified by the Chairman of the committee of the time and place of
meeting of the committee.
(q) 04 All reports from committees shall be made in writing or verbally. All
committees, including the Committee of the Whole, shall report on it to the
Council not later than the second regular meeting after the ordinance is
introduced and referred, provided, that the Council may, at is discretion,
extend the time for making the report.
(r) (s) After an ordinance, order or resolution passed by the Council has been
signed by the presiding officer, the Clerk shall present it to the Mayor, and
record the time of the presentation. (I.C. 36-4-6-15) Within 10 days after an
ordinance, order or resolution is presented to him, the Mayor shall, either
approve the ordinance, order or resolution by signing it and sending the
Council a message announcing his approval, or veto the ordinance, order or
resolution by returning it unsigned to the Council with a message announcing
his veto and stating his reasons for the veto. The Mayor may approve or.veto
separate items of an ordinance appropriating money or levying a tax. If the
,Mayor fails to act hereunder, the ordinance, order or resolution is considered
vetoed. Whenever an ordinance, order or resolution is vetoed by the Mayor, it
is considered defeated unless the Council, at it's first regular or special
meeting after the 10 day period prescribed herein, passes the ordinance,
order or resolution over his veto by a two-thirds vote. (I.C. 36-4-6-16) After
an ordinance, order or resolution has been signed by the Mayor, it shall be
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attested by the Clerk and placed in the official records of the Common
Council.
(s) # After the call of ayes and nays has been answered to by any member,
it shall not be in order for any member to offer any remarks except in
explanation of his vote, and no explanation shall be in order under the
operation of the previous question, or motion to lay on the table.
(t) (u) No ordinance which has failed to receive a sufficient number of votes
on final passage or which has been stricken from the files shall be permitted
to be reintroduced nor shall it be considered again by this body for a period of
at least one year after the ordinance has been so stricken from the files.
However, any ordinance may be reintroduced or reconsidered at any time by
a two-thirds vote of the members of Council.
(Ord. 38-2020)
30.12 RULE VI - ORDER OF BUSINESS
(a) The following order of business shall be observed by the Common
Council at its meetings:
(1) Call the meeting to order
(2) Devotions
(3) Call of the roll and note absentees
(4) Reading and correction of the journal of the previous meeting
(5) Time for presenting of petitions, memorials, or remonstrances,
and introductions, motions, resolutions, and so forth. These
must be in writing and must be submitted to the City Clerk's
office before noon on the Wednesday prior to the meeting.
(6) Communication from the Mayor
(7) Report of the Board of Public Works and Safety.
(8) Special reports from city departments if requested and placed
upon the agenda
(9) Reports from standing committees
(10) Reports from special committees
(11) Introduction of miscellaneous business
(12) Introduction of ordinances on first reading
(13) Ordinances on second reading and public hearing -,a -Rd
cnnr�c3ment (awaiting engrossment)
(14) Ordinances awaiting engrossment (public hearing
previously closed).
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(15) 44) Ordinances on third rearlin.. engrossed (awaiting
disposition)
(16) (5) Unfinished business
(17) 46a) Call for adjournment
(b) The reading of the journal may be dispensed with at any time by a
majority vote of Council.
(c) Special orders may be taken up immediately after Reports from Special
Committees, if so ordered by Council.
(d) The Council may return to any order of business after the call of the
regular order of business, by a majority vote of Council or at the discretion of
the President.
(Ord. 38-2020)
NOW, THEREFORE, be it further ordained by the Common Council of the City of Richmond, Indiana,
that this Ordinance shall have no effect upon any other section of the Richmond .City Code or
ordinances not specifically changed by this Ordinance, except as herein provided, and all other sections
of the Richmond City Code not inconsistent herewith shall remain the same.
NOW THEREFORE, be it further ordained by the Common Council of the City of Richmond, Indiana,
that if any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said holding shall in no way effect the validity of the
remaining portions of this Ordinance.
NOW, THEREFORE, be it further ordained by the Common Council of the City of Richmond, Indiana,
that upon passage and adoption of this Ordinan it shall immediately be in full force and effect.
Passed and adopted this 6�1 day o , 2020, by the Common Council of the
City of Richmond, Indiana.
President
(Ron Oler, Ph.D.)
ATTES rk
(Karen Chasteen, IAMC, MMC)
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PRESENTED to the Mayor of the City of Richmond, Indiana, thije day 020,
at 9:00 a.m.
Jerk
aren Chasteen, IAMC, MMC)
APPROVED by me, David M. Snow, Mayor of the City of Richmond, Indiana, this Z O day of
2020, atA5-.m.
Mayor.
ATTEST,,.-,
(Karen Chasteen, IAMC, MMC)
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