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ORDINANCE NUMBER 2025 - 2376 ...
ORDINANCE NUMBER
2025 - 2376
AN ORDINANCE RELATING TO
CITY COUNCIL PROCEDURE
_________________________
WHEREAS, the City Council desires to amend its rules of procedure to conform them to the current practices of the city council, and to account for developments in the law of the land.
THEREFORE, BE IT ORDAINED by the City Council of the City of Athens, Alabama while in regular session on June 16th, 2025 at 4:30 p.m. as follows:
Section 1. Section 2-62 of the Code of Ordinances, City of Athens, Alabama is hereby amended so that it reads as follows:
Sec. 2-62. - Regular meetings; time and place.
Regular meetings of the city council shall be held on the following dates/times/place, except as may be otherwise directed by the city council as needed: (a) the second and fourth Mondays of each month; (b) regular meetings shall convene at 4:30 p.m., at the Athens City Hall; and (c) work sessions shall convene at 4:00 p.m., prior to the regular meeting, at the Athens City Hall.
Section 2. Section 2-64 of the Code of Ordinances, City of Athens, Alabama is hereby amended so that it reads as follows:
Sec. 2-64. - Rules of procedure.
The rules or order of procedure herein contained shall govern deliberations and meetings of the council:
(1) A quorum shall be determined as provided by Code of Ala. 1975, sect. 11-43-48.
(2) The items and order of business at each council meeting shall be arranged and determined by the President of the City Council in advance of the meeting's call to order, and may be changed thereafter by unanimous consent or the adoption of a motion to suspend the rules by a two-thirds vote. Subject to the foregoing, the order of business for a regular meeting of the city council may generally include the following subdivisions:
a. A call to order.
b. Roll call.
c. Invocation.
d. Pledge of Allegiance.
e. Reading of the minutes.
f. Reports of standing committees (if any).
g. Reports of special committees (if any).
h. Report of officers.
i. Public hearings and their related business (if any).
j. Public comment on agenda items
k. Consent calendar--Resolutions, ordinances, orders, and other business.
l. Regular calendar--Resolutions, ordinances, orders, and other business.
m. General public comment on matters pertinent to city business
n. Adjournment.
(3) No member shall speak more than twice on the same subject without permission of the presiding officer.
(4) The "yeas" and "nays" shall be recorded.
(5) All questions of order shall be decided by the presiding officer of the council with the rights of appeal to the council by any member. Robert's Rules of Order may be used by the council as a guide for the conduct and order of business, but it shall not be viewed as determinative.
(6) All meetings of the council shall be public to the extent directed by state law.
(7) A motion for adjournment shall be in order, always.
(8) The propositions submitted to the council that require the expenditure of money shall lie over until the next regular meeting; provided, that such propositions may be considered earlier by unanimous consent of the council. However, this rule shall not apply where the proposition concerns: (i) the current expenses of the city, (ii) contracts previously made with the city, (iii) regular salaries of city officers, (iv) wages of employees of the city, and (v) matters that have been contained or encompassed in budgets that have been previously approved by the council. Moreover, the application of this rule in any given case shall be the decision of the chairperson, and the chairperson's decision shall be final, subject only to reversal by a majority of the council upon an appeal [question of order] made prior to the passage of the proposition. Council actions are not subject to invalidation because the council did not apply this rule to any given proposition.
(9) The clerk-treasurer, attorney, chief of police, and such other officers or employees of the city shall, when requested, attend all meetings of the council and shall remain in the council room for such length of time as the council may direct.
Section 3. Section 2-65 of the Code of Ordinances, City of Athens, Alabama is hereby amended so that it reads as follows:
Sec. 2-65. - Council rules for citizen participation in meetings.
The following rules shall apply concerning citizen participation and public comment in meetings:
(1) To the extent that the council allows public comment at a city council meeting, the comment period shall be designated as a limited public forum. The comment period will be limited to a particular subject matter, such as in a public hearing concerning a specific proposal or subject, or in a public comment period concerning matters that appear on the council's agenda. Alternatively, if a general public comment period is allowed, then it shall be limited to matters that are pertinent to the business of the City. A speaker's remarks shall be limited to such subject matter.
(2) In order for every speaker to be heard, courtesy, and order shall be observed at all times.
(3) A speaker shall not address the council until recognized by the presiding officer.
(4) Only one person may speak at a time.
(5) Each speaker recognized by the presiding officer shall rise and give his/her name and address for the council record before addressing the council.
(6) Speakers may offer differing viewpoints, including comments that are critical. However, a speaker must not engage in abusive behavior, i.e., he or she must not engage in harsh, threatening, ridiculing, or insulting behavior; use language that is habitually cruel, malicious, and/or violent; or use profanity in a threatening or disruptive way. A speaker must not scream, shout, or be riotous. A speaker must not make obscene comments, sexually explicit comments, or use fighting words. A speaker must generally remain at any podium utilized for a comment period.
(7) Speakers are expected to hold their remarks to three minutes, unless invited by the presiding officer as may be needed by the council to gather information about a matter related to advancing city business.
(8) Speakers may not address the council more than once during a comment session, unless invited by the presiding officer as may be needed by the council to gather information about a matter related to advancing city business.
(9) Persons desiring to speak during any of the public comment periods may be required to sign up in advance, through a process established by the Mayor and President of the City Council.
(10) Public comment periods, when provided, are not sessions for dialogue exchanges or "question and answer" periods, but are instead opportunities for citizens to bring their opinions, concerns, or ideas about pertinent city matters to the city council.
(11) Anyone not adhering to the above rules is "out of order" and is subject to removal from the council chamber.
Section 4. If any provision of this Ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this Ordinance are declared to be severable.
Section 5. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein.
Section 6. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code.
Section 7. This Ordinance shall be effective upon its publication as required by law.
ADOPTED this the 16th day of June, 2025.
_________________________
JAMES LUCAS, CITY COUNCIL PRESIDENT
_________________________WILLIAM R. MARKS, MAYOR
ATTEST:
_________________________ANNETTE BARNES-THREET, CITY CLERK
CERTIFICATION OF CITY CLERK
STATE OF ALABAMA )
LIMESTONE COUNTY )
I, Annette Barnes-Threet, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Ordinance duly adopted by the City Council of the City of Athens, Alabama, on the 16th day of June, 2025.
Witness my hand and seal of office this the 16th day of June, 2025.
_________________________ Annette Barnes-Threet, City Clerk
The News Courier
July 09, 2025
2025 - 2376
AN ORDINANCE RELATING TO
CITY COUNCIL PROCEDURE
_________________________
WHEREAS, the City Council desires to amend its rules of procedure to conform them to the current practices of the city council, and to account for developments in the law of the land.
THEREFORE, BE IT ORDAINED by the City Council of the City of Athens, Alabama while in regular session on June 16th, 2025 at 4:30 p.m. as follows:
Section 1. Section 2-62 of the Code of Ordinances, City of Athens, Alabama is hereby amended so that it reads as follows:
Sec. 2-62. - Regular meetings; time and place.
Regular meetings of the city council shall be held on the following dates/times/place, except as may be otherwise directed by the city council as needed: (a) the second and fourth Mondays of each month; (b) regular meetings shall convene at 4:30 p.m., at the Athens City Hall; and (c) work sessions shall convene at 4:00 p.m., prior to the regular meeting, at the Athens City Hall.
Section 2. Section 2-64 of the Code of Ordinances, City of Athens, Alabama is hereby amended so that it reads as follows:
Sec. 2-64. - Rules of procedure.
The rules or order of procedure herein contained shall govern deliberations and meetings of the council:
(1) A quorum shall be determined as provided by Code of Ala. 1975, sect. 11-43-48.
(2) The items and order of business at each council meeting shall be arranged and determined by the President of the City Council in advance of the meeting's call to order, and may be changed thereafter by unanimous consent or the adoption of a motion to suspend the rules by a two-thirds vote. Subject to the foregoing, the order of business for a regular meeting of the city council may generally include the following subdivisions:
a. A call to order.
b. Roll call.
c. Invocation.
d. Pledge of Allegiance.
e. Reading of the minutes.
f. Reports of standing committees (if any).
g. Reports of special committees (if any).
h. Report of officers.
i. Public hearings and their related business (if any).
j. Public comment on agenda items
k. Consent calendar--Resolutions, ordinances, orders, and other business.
l. Regular calendar--Resolutions, ordinances, orders, and other business.
m. General public comment on matters pertinent to city business
n. Adjournment.
(3) No member shall speak more than twice on the same subject without permission of the presiding officer.
(4) The "yeas" and "nays" shall be recorded.
(5) All questions of order shall be decided by the presiding officer of the council with the rights of appeal to the council by any member. Robert's Rules of Order may be used by the council as a guide for the conduct and order of business, but it shall not be viewed as determinative.
(6) All meetings of the council shall be public to the extent directed by state law.
(7) A motion for adjournment shall be in order, always.
(8) The propositions submitted to the council that require the expenditure of money shall lie over until the next regular meeting; provided, that such propositions may be considered earlier by unanimous consent of the council. However, this rule shall not apply where the proposition concerns: (i) the current expenses of the city, (ii) contracts previously made with the city, (iii) regular salaries of city officers, (iv) wages of employees of the city, and (v) matters that have been contained or encompassed in budgets that have been previously approved by the council. Moreover, the application of this rule in any given case shall be the decision of the chairperson, and the chairperson's decision shall be final, subject only to reversal by a majority of the council upon an appeal [question of order] made prior to the passage of the proposition. Council actions are not subject to invalidation because the council did not apply this rule to any given proposition.
(9) The clerk-treasurer, attorney, chief of police, and such other officers or employees of the city shall, when requested, attend all meetings of the council and shall remain in the council room for such length of time as the council may direct.
Section 3. Section 2-65 of the Code of Ordinances, City of Athens, Alabama is hereby amended so that it reads as follows:
Sec. 2-65. - Council rules for citizen participation in meetings.
The following rules shall apply concerning citizen participation and public comment in meetings:
(1) To the extent that the council allows public comment at a city council meeting, the comment period shall be designated as a limited public forum. The comment period will be limited to a particular subject matter, such as in a public hearing concerning a specific proposal or subject, or in a public comment period concerning matters that appear on the council's agenda. Alternatively, if a general public comment period is allowed, then it shall be limited to matters that are pertinent to the business of the City. A speaker's remarks shall be limited to such subject matter.
(2) In order for every speaker to be heard, courtesy, and order shall be observed at all times.
(3) A speaker shall not address the council until recognized by the presiding officer.
(4) Only one person may speak at a time.
(5) Each speaker recognized by the presiding officer shall rise and give his/her name and address for the council record before addressing the council.
(6) Speakers may offer differing viewpoints, including comments that are critical. However, a speaker must not engage in abusive behavior, i.e., he or she must not engage in harsh, threatening, ridiculing, or insulting behavior; use language that is habitually cruel, malicious, and/or violent; or use profanity in a threatening or disruptive way. A speaker must not scream, shout, or be riotous. A speaker must not make obscene comments, sexually explicit comments, or use fighting words. A speaker must generally remain at any podium utilized for a comment period.
(7) Speakers are expected to hold their remarks to three minutes, unless invited by the presiding officer as may be needed by the council to gather information about a matter related to advancing city business.
(8) Speakers may not address the council more than once during a comment session, unless invited by the presiding officer as may be needed by the council to gather information about a matter related to advancing city business.
(9) Persons desiring to speak during any of the public comment periods may be required to sign up in advance, through a process established by the Mayor and President of the City Council.
(10) Public comment periods, when provided, are not sessions for dialogue exchanges or "question and answer" periods, but are instead opportunities for citizens to bring their opinions, concerns, or ideas about pertinent city matters to the city council.
(11) Anyone not adhering to the above rules is "out of order" and is subject to removal from the council chamber.
Section 4. If any provision of this Ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this Ordinance are declared to be severable.
Section 5. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein.
Section 6. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code.
Section 7. This Ordinance shall be effective upon its publication as required by law.
ADOPTED this the 16th day of June, 2025.
_________________________
JAMES LUCAS, CITY COUNCIL PRESIDENT
_________________________WILLIAM R. MARKS, MAYOR
ATTEST:
_________________________ANNETTE BARNES-THREET, CITY CLERK
CERTIFICATION OF CITY CLERK
STATE OF ALABAMA )
LIMESTONE COUNTY )
I, Annette Barnes-Threet, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Ordinance duly adopted by the City Council of the City of Athens, Alabama, on the 16th day of June, 2025.
Witness my hand and seal of office this the 16th day of June, 2025.
_________________________ Annette Barnes-Threet, City Clerk
The News Courier
July 09, 2025
Posted Online 34 weeks ago
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