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Legislation #: 140301 Introduction Date: 4/17/2014
Type: Resolution Effective Date: none
Sponsor: COUNCILMEMBER JOHNSON
Title: Enacting a new Rule 3.10.5 and amending Rules 3.05, 3.10, 3.11 and 9.02 of the Standing Rules of the City Council effective May 1, 2014, to reflect the adoption of amended Sections 502 and 503 of the City Charter establishing ordinances with an accelerated effective date that were formerly known as recognized emergency ordinances and requiring three readings for these ordinances, unless waived.

Legislation History
DateMinutesDescription
4/15/2014 Filed by the Clerk's office
4/17/2014 Referred to Finance, Governance & Ethics Committee
4/23/2014 Immediate Adoption
4/23/2014 Councilmember Circo (Second by Wagner) Move to Reconsider
4/23/2014 Hold On Agenda (4/30/2014)
4/30/2014 Immediate Adoption as a Committee Substitute
5/1/2014 Adopted as Substituted

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Revised Standing Rules-140301 sub.1.docx Other 55K Revised Charter
140301.pdf Authenticated 229K Authenticated
140301com.docx Compared Version 29K compared version
140301 Fact Sheet.pdf Fact Sheet 29K Fact Sheet

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COMMITTEE SUBSTITUTE FOR RESOLUTION NO. 140301

 

Enacting a new Rule 3.10.5 and amending Rules 3.05, 3.10, 3.11 and 9.02 of the Standing Rules of the City Council effective May 1, 2014, to reflect the adoption of amended Sections 502 and 503 of the City Charter establishing ordinances with an accelerated effective date that were formerly known as recognized emergency ordinances and requiring three readings for these ordinances, unless waived.

 

WHEREAS, on April 8, 2014, the voters of Kansas City amended Section 502 of the City Charter to require three readings of all ordinances, including emergency ordinances or ordinances with an accelerated effective date, unless three readings are waived, and amended Section 503 of the City Charter to establish a category of ordinances with accelerated effective dates that were formerly known as recognized emergency ordinances; and

 

WHEREAS, it is necessary to alter the terminology in the Standing Rules of the City Council to reflect this new nomenclature; NOW, THEREFORE

 

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That effective May 1, 2014, a new Standing Rule 3.10.5 is enacted and Standing Rules 3.05, 3.10, 3.11, and 9.02 are amended to reflect the adoption of an amended Section 503 of the City Charter establishing ordinances with an accelerated effective date that were formerly known as recognized emergency ordinances, to read as follows:

 

Rule 3.05 Ordinances - three readings required

 

Ordinances shall not be passed until they shall have been read on three separate days at regular or special meetings of the Council, unless a motion is made to dispense with the requirement of reading on three separate days and adopted upon the affirmative vote of nine Councilmembers. (City Charter Sec. 502(b))

 

Rule 3.10 Emergency ordinances

 

(a)               An ordinance declaring an emergency is an ordinance which in whole or in part is passed upon the affirmative vote of nine Councilmembers for the immediate preservation of the public peace, property, health, safety or morals, in which the emergency is set forth and defined in a preamble to the ordinance. (City Charter Sec. 503(a))

 

(b)               If any ordinance declaring an emergency fails to receive nine affirmative votes, such measure shall cease to be before the Council as a measure declaring an emergency. Thereafter, a motion to amend to strike the clause declaring the emergency shall be in order. If such motion is made and adopted, the ordinance shall be subject to the same three readings as a regular ordinance. If no such motion is made, the ordinance shall be deemed to have failed. (City Charter Sec. 503(a))

 

Rule 3.10.5 Ordinances with an accelerated effective date

 

An ordinance with an accelerated effective date is an ordinance which in whole or in part falls within any of the categories outlined in the City Charter Sec. 503(a)(3) and is recognized in the ordinance as an ordinance with an accelerated effective date. (City Charter Sec. 503(a))

 

Rule 3.11 Reconsideration of ordinances and resolutions

 

After the decision upon any ordinance or resolution, except the adoption or rejection of an ordinance submitted to the Council under the initiative, or an emergency ordinance or an ordinance with an accelerated effective date as defined in Section 503 of the City Charter, any Councilmember who voted with the prevailing side may move for reconsideration thereof at the same or the next meeting. A motion to reconsider shall be adopted upon the affirmative vote of a majority of the votes cast. Once a motion for reconsideration of a decision has been adopted and acted upon, or has been rejected, no other motion for a reconsideration of the decision shall be made at the same meeting without the unanimous consent of the Councilmembers who are present. This rule does not affect the right of the Mayor to require reconsideration under the provisions of Section 505 of the Charter.

 

Rule 9.02 Votes required

 

As a matter of convenience only, the following table gives the number of votes required on various matters pending before the Council:

 

a)                  Simple Majority Vote

 

                                            i.                        All Motions unless otherwise stated in the rules, the City Charter or applicable law.

 

b)                  Two-Thirds Majority Vote

 

                                            i.                        Motion to close debate (previous question) (RONR)

 

                                          ii.                        Motion to suspend the rules (Standing Rule 6.02)

 

c)                  Seven Votes

 

                                            i.                        Passage of an ordinance (City Charter Sec. 502(a))

 

                                          ii.                        Adoption of a resolution (City Charter Sec. 502(a))

 

                                        iii.                        Amendments to the Standing Rules. (Standing Rule 1.02.)

 

                                        iv.                        Creating any new department in the city government. (City Charter Sec. 502(a))

 

                                          v.                        Ordinance with an accelerated effective date. (City Charter Sec. 503(a))

 

                                        vi.                        Authorizing the sale of city property (City Charter Sec. 1210)

 

d)                 Nine Votes

 

                                            i.                        Dispensing with Charter requirement that an ordinance (except an emergency ordinance) be read on three separate days (City Charter Sec. 502(b))

 

                                          ii.                        Adoption of a resolution on the same day it is introduced (Standing Rule 3.07)

 

                                        iii.                        Authorizing the director of finance to borrow money (City Charter Sec. 806)

 

                                        iv.                        Expulsion of a Councilmember from the Council (City Charter Sec. 211)

 

                                          v.                        Vacating any public highway, street, alley, public place, platted addition or subdivision or part thereof (KCMO Code of Ordinances Sec. 75-5)

 

                                        vi.                        Amendments to zoning law when under protest (KCMO Code of Ordinances Sec. 88-515-09)

 

                                      vii.                        Declared emergency (City Charter Sec. 503(a))

 

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