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G57-05 CITY OF ELGIN ORDINANCE NO. G57-05 AN ORDINANCE AMENDING TITLE 2 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 8TH DAY OF JUNE 2005 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 10th day of June 2005. r elbk STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on June 8, 2005, the Corporate Authorities of such municipality passed and approved Ordinance No. G57-05, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G57-05, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on June 10, 2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on June 10, 2005. nare:vim-ek 71/e.c4-4-vin Municipal Clerk s � :y: Depu unicipal Clerk (SEAL) r Ordinance No. G57-05 [ AN ORDINANCE AMENDING TITLE 2 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.08 of the Elgin Municipal Code, 1976, as amended, entitled "City Council" be and is hereby further amended to read as follows: CHAPTER 2.08 CITY COUNCIL 2.08.010: POWERS AND DUTIES: The powers of the City Council shall be purely legislative except as otherwise provided by statute or ordinance. The Council shall approve for payment all expenses and liabilities of the Municipality except as may otherwise be provided by ordinance. 2.08.020: MINUTES OF MEETING: r A journal of the minutes of each meeting of the City Council shall be kept by the City Clerk and a copy of the minutes of the last meeting shall be delivered to each Councilman prior to the convening of the next regular meeting. 2.08.030: QUORUM: A majority of the corporate authorities shall constitute a quorum to do business. Except as required by the statutes of the State,enacted ordinances of the City,or the rules set out in this Chapter,action may be taken by a majority vote of a quorum. 2.08.040: REGULAR MEETINGS: Regular meetings of the City Council shall be held on the second and fourth Wednesday of each month at seven o'clock(7:00)P.M. at the Municipal Building,unless a different date,time or place shall have been specified by Council action. The Council shall remain in session until adjournment by a majority vote of the members present. 2.08.050: SPECIAL MEETINGS: Special meetings may be held at any time by call of the Mayor or by the call of three (3) or more Councilmen; the call for such meetings shall be in writing duly signed and presented to the City Clerk who shall proceed to prepare notice of the special meeting and shall cause the notice to be served personally or by mail on the Mayor and all members of the Council at least twenty four(24) hours before the meeting. Such notice shall specify the time and place of the special meeting and the matters to be considered at the special meeting. Notice of a special meeting may be waived by attendance at such meeting or by written waiver of notice. No business other than that provided by the call shall be in order at any special meeting. No vote of the City Council shall be reconsidered or rescinded at a special meeting unless there are present at the special meeting as many Council members as were present when the vote was taken. Special meetings may also be called by a motion adopted at a regular meeting,specifying the matters to be considered. No notice shall be required for special meetings announced at a regular meeting except to members not present at the time such motion was adopted. 2.08.060: OPEN MEETINGS; EXCEPTIONS: All meetings of the City Council shall be open to the public and the news media unless as excepted in the Open Meetings Act (5 ILCS 120/1 et seq., as amended) and closed in accordance with the Open Meetings Act. 2.08.070: AGENDA AND ORDER OF BUSINESS: The City Manager shall be responsible for the preparation of the agenda of City Council meetings. The City Manager shall also place matters on the City Council agenda which are requested to be placed on the agenda by the Mayor or a member of the City Council. Requests from citizens for matters to be added to the agenda of the City Council shall be presented in written form to the City Manager not less than fourteen(14) days prior to the date of the meeting. The City Manager shall determine whether to place such matters requested by citizens on the City Council agenda. The City Manager shall inform the City Council of all requests by citizens to add matters to the agenda. The order of business to be observed at all meetings of the City Council shall be as follows, unless a majority vote of all Councilmen present suspends the established order of business: A. Calling the meeting to order; B. Invocation; C. Pledge of allegiance; D. Roll call of members; E. Approval of the minutes of a previous meeting; F. Communications addressed to the Council; G. Recognition of persons present; H. Bids; -2- I. Other business; J. Consent agenda; K. Miscellaneous business including announcements and appointments; L. Adjournment. 2.08.080: RULES OF PROCEDURE: A. The Mayor shall preside at all meetings of the Cit y Council and shall decide all questions of priority of business without debate and shall decide all other questions of order. B. The Mayor shall preserve order and decorum. C. Rulings of the Mayor shall be appealable to the City Council and shall be decided by a majority vote without debate. D. No member shall leave the Council chambers during the conduct of business without the consent of the Mayor. E. No member of the Council shall speak until recognized by the Mayor; members of the Council shall seek recognition by saying"Mr. Mayor". No person except a Council member or officer of the City may address the Council unless by consent of the majority of the Council members present. The Mayor with the consent of a majority of Council members present may limit the length of time that any person other than Council members and City officers may address the Council. F. Council members shall address only the Mayor or address each other through the Mayor and shall confine their remarks to the merits of the pending question. G. Members shall refrain from addressing the Mayor or other members through the Mayor personally and shall not engage in personal or degrading comments or attacking the motives of other members. H. Only one subject shall be considered at a time and no new subject shall be considered until there is a decision on the pending matter. I. No Council member shall speak for longer than five (5) minutes on the same subject nor more than twice on the same subject except by consent of a majority of the members present. However,no Council member shall speak a second time on the same subject until all other members have spoken on the subject. J. A roll call vote of "yeas" and "nays" shall be taken and recorded on the journal of proceedings for all ordinances for whatever purpose and any resolutions or motions that -3- create any liability against or obligation on the part of the City, or for the expenditure or appropriation of its money, or on the request of any Council member. K. The unanimous adoption of a motion to approve the consent agenda shall be considered unanimous consent to take a single vote by yeas and nays on the several questions of the passage of any two or more of the designated ordinances, orders, resolutions, or motions placed together for voting purposes on the consent agenda. The unanimous adoption of a motion to take a single vote by yeas and nays on several questions on the passage of any two or more of the designated ordinances,orders,resolutions,or motions on other portions of the agenda shall likewise be considered unanimous consent to take a single vote on such matters. Upon the taking of such a single or omnibus vote the entries of the words"omnibus vote"or "consent agenda" in the City Council minutes shall be made. L. Any matter before the Council may be made a special order of business for any future time by action of the Council. M. A motion is not before the Council until it has been seconded and it shall be reduced to writing upon request of any Council member. N. A motion may be withdrawn at any time before a vote is called. 0. No debate or discussion or comment shall be in order during the taking of the vote on any matter. P. The Mayor shall announce the result of the Council's vote on any roll call. Prior to such announcement any Council member may change his vote. Q. The Mayor or any Council member who in good conscience believes he may have a conflict of interest in any matter before the Council shall disqualify himself from voting thereon. R. Any Council member who does not vote on any matter for which the roll is called shall be counted as having voted with the prevailing side. This rule shall not apply when a Council member has disqualified himself as a result of a conflict of interest. S. When a motion is made and seconded to "put the previous question" said motion shall be stated by the Mayor in this form: "Are you now ready for the question?" If this motion is carried, all further motions and debate shall be excluded and the question shall be put. T. A motion to table any matter is not debatable and if adopted shall end all further debate on the subject. A motion to take a matter from the table may be proposed at the same meeting or at any subsequent meeting. r -4- U. A motion to amend shall always be in order. V. An amendment to modify or change the intent of an original motion shall be in order but no amendment to a motion shall be made which relates to a different subject. W. A substitute for any original motion or proposition may be entertained,and if adopted by the Council, shall entirely supersede the original proposition. The vote taken on any motion (other than a motion to reconsider an appointment by the Mayor to a commission,board or advisory body), proposition or ordinance may be reconsidered at any time of the same meeting or at the next regular meeting. A motion to reconsider shall not be in order unless made by a Council member who voted on the prevailing side; however, when a motion, proposition or ordinance is lost by reason of not having received an extraordinary majority vote, motion to reconsider may be made by any Council member who was present at the previous consideration. Any motion to reconsider properly made may be seconded by any other Council member. When a question is before the Council no motion shall be in order except the following: 1. To adjourn; 2. To lay on the table; 3. Previous question; r 4. To postpone to a certain time; 5. To amend; 6. To postpone indefinitely. The foregoing motions are privileged and have precedence in the order in which they succeed each other in this rule. Motions to adjourn, lay on the table and for the previous question shall be decided without debate. X. A motion to adjourn the Council shall always be in order except: when a member is in possession of the floor;when the"yeas"and"nays"are being called;when the members are voting;when adjournment was the last preceding motion; and when it has been decided that the previous question shall be taken. Y. Special committees of the Council may be appointed at any time by the Council or by the Mayor to consider any special problem and shall continue until discharged by the appointed authority. Z. All persons appearing before the Council shall make such appearance only in their own behalf or as members of some civic, religious,business or neighborhood organization. All persons may also be represented before the Council by their attorneys. -5- AA. Any rule other than the rule relating to the adoption of ordinances may be temporarily suspended at any time by a two-thirds (2/3) vote of Council members present. BB. Any rule may be amended or repealed at any regular meeting of the City Council upon a prior submission thereof in writing by the Mayor or by three (3) or more Council members distributed to the members of the City Council at least one week in advance of the vote thereon,if the proposed amendment or repeal is approved by two-thirds(2/3)of the Council currently holding office. CC. Persons wishing to address the City Council on a matter not on the agenda for the meeting shall register on a form furnished by the City Clerk prior to the meeting. Speakers shall be heard in the order of registration and shall be limited to three(3)minutes and the total time allocated for all speakers shall not exceed thirty(30)minutes at each meeting;speakers who have registered but who are not permitted to speak because of the lapse of time shall be granted time to speak after miscellaneous business. DD. The rules of parliamentary procedure contained in the current edition of Robert's Rules of Order,Newly Revised shall govern the Council in all cases in which they are applicable and not in conflict with the written rules of the Council or any applicable ordinance or State statute. elibk 2.08.090: MAYOR PRO TEM; APPOINTMENT; DUTIES: A. If a temporary absence or temporary disability of the Mayor interrupts him from the performance of his duties but does not create a vacancy in the office of the Mayor,the City Council shall appoint one of its members to act as the Mayor Pro Tern. The Mayor Pro Tem during the absence or disability of the Mayor shall perform the duties and shall possess all the rights and powers of the Mayor. B. The appointment of the Mayor Pro Tem shall be made by a majority vote of Council members in attendance upon notification that the Mayor is or shall be temporarily absent. 2.08.100 REVIEW OF RULES OF PROCEDURE: Within sixty(60)days following each City Council election the City Manager is directed to submit to the City Council at a meeting of the City Council a copy of this Chapter 2.08 for the City Council's review and consideration. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. r -6- Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. d Schock, Mayor Presented: June 8, 2005 Passed: June 8, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 9, 2005 Published: June 10, 2005 Attest: Dolonna Mecum, City Clerk r -7-