|Ordinance 12-07, City of Millbrook, AL|
|Written by News Desk|
|Thursday, 29 November 2012 14:29|
AN ORDINANCE AMENDING THE MILLBROOK CODE OF ORDINANCES
1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MILLBROOK, ALABAMA, that Chapter 2, Article II, Section 2-31 through and including Section 2-104 of the Code of Ordinances of the City of Millbrook are deleted in their entirety and replaced with the following:
ARTICLE II. MAYOR AND COUNCIL
DIVISION 1. GENERALLY
Sec. 2-31. Salary of mayor and councilmembers.
(a) The salary of the mayor is hereby fixed at the amount of $1,500.00 per month.
(b) The council president's shall be compensated at the sum of $900.00 per month.
(c) Each councilmember shall be compensated at the sum of $600.00 per month.
(Ord. No. 98-20, §§ 1, 2, 10-26-1998) State law references: Authority of council to establish compensation of mayor, Code of Ala. 1975, § 11-43-80(b); authority of council to establish salary of councilmembers, Code of Ala. 1975, § 11-43-8.
Sec. 2-32. Election of Council President.
(a) At the first council meeting in November 2012 and quadrennially thereafter the city council shall elect a council president and a president pro tempore from its members. The council president shall preside over the council. Should the council president be temporarily absent, the president pro tempore shall perform the duties of the president.
(b) Should a vacancy occur in the office of the council president the council shall elect a new president and may elect a new president pro tempore from among its members no later than 30 days following the appointment of a new councilmember.
Secs. 2-33--2-60. Reserved.
DIVISION 2. MEETINGS AND RULES OF PROCEDURE*
*State law references: Council to determine its rules of procedure, Code of Ala. 1975, § 11-43-52.
Sec. 2-61. Generally.
The rules or order of procedure herein contained shall govern deliberations and meetings of the city council.
(Ord. No. 96-20, § 1, 10-7-1996)
Sec. 2-61.1. Agenda.
The agenda will be created by the city clerk at the direction of the council president as the chairperson of the council. Councilmembers will present proposed agenda items to the council president no later than two business days prior to the council meeting, normally before the close of business on Friday prior to the Tuesday council meeting. All resolutions and ordinances and any amendments thereto shall be in writing at the time of presentation to the council president. This rule may be temporarily suspended with the consent of two-thirds of the councilmembers present, but the resolution or ordinance must be in writing at the time it is introduced to the council to comply to with subsection 2-66(d) of these procedures.
(Ord. No. 04-07, § 1.A, 10-4-2004)
Sec. 2-62. Date and time of regular meetings; meetings to be open to public.
(a) Regular meetings of the council shall be held on the second and fourth Tuesdays of each month. In case of a holiday the meeting will be held on Wednesday, unless otherwise directed by the President of the city council. The council will have a work session at 5:30 p.m. prior to each meeting unless cancelled by the President of the city council.
(b) All regular meetings shall convene at 6:00 p.m. at the judicial complex and all meetings, regular and special, shall be open to the public, except when the council meets in executive session as authorized by state law.
(Ord. No. 96-20, §§ 2, 5, 16, 10-7-1996)
State law references: Authority to provide for time and place of holding of council meetings, Code of Ala. 1975, § 11-43-49; when executive sessions may be held, Code of Ala. 1975, § 13A-14-2.
Sec. 2-63. Special meetings.
Special meetings may be held at the call of the council president by serving notice on each member of the council and the mayor not less than 24 hours before the time set for such special meetings; or special meetings may be held as provided by Code of Ala. 1975, § 11-43-50, whenever two councilmembers making the request shall have the right to call such meeting. Notice of all special meetings shall be posted on a bulletin board accessible to the public in accordance with State law.
(Ord. No. 96-20, § 3, 10-7-1996)
Sec. 2-64. Quorum.
A quorum of the council shall be determined as provided by Code of Ala. 1975, § 11-43-48.
(Ord. No. 96-20, § 4, 10-7-1996)
Sec. 2-65. Order of business.
The order of business at council meetings shall be as follows:
(1) Call to order.
(2) Roll call.
(3) Approval of agenda.
(4) Reading and approval of the minutes of previous meeting(s).
(5) Reading of ordinances, resolutions and other matter of business.
(6) Report of Mayor
(7) Report of officers.
(8) Report of council members.
(9) Open to floor.
(10) Vote on ordinances and resolutions.
(Ord. No. 96-20, § 6, 10-7-1996)
Sec. 2-66. Rules of procedure.
(a) No member of the council shall speak more than twice on the same subject without the permission of the presiding officer.
(b) No person, not a member of the council, shall be allowed to address the same while in session without permission of the presiding officer.
(c) Every officer, whose duty it is to report at the regular meetings of the council, who shall be in default thereof, may be fined at the discretion of the council.
(d) Motions shall be reduced to writing when required by the presiding officer of the council or any member of the council. All resolutions and ordinances and any amendments thereto shall be in writing at the time of introduction.
(e) Motions to reconsider must be by a member who voted with a majority and at the same or next succeeding meeting of the council.
(f) Whenever it shall be required by one or more members, the "yeas" and "nays" shall be recorded and any member may call for a division of any question.
(g) All questions of order shall be decided by the presiding officer of the council with the right of appeal to the council by any member.
(h) The presiding officer of the council may, at his discretion, call any member to take the chair, to allow him to address the council, make a motion, or discuss any other matter at issue.
(i) Motions to lay any matter on the table shall be first in order, and on all questions the last amendment, the most distant day, and the largest sum shall be first put.
(j) Each annexation ordinance will include a recommendation for the assignment of the area to be annexed to a specific city council ward and a zoning classification.
(Ord. No. 96-20, §§ 7--15, 10-7-1996; Ord. No. 04-07, § 1.B, 10-4-2004)
Sec. 2-67. Executive session.
The council may meet in executive session only for those purposes authorized by state law. When a councilmember makes a motion to go into executive session for an enumerated purpose, the presiding officer shall put the motion to a vote. If the majority of the council shall vote in favor of the motion to go into executive session, the body shall then move into executive session to discuss the matter for which the executive session was called. No action may be taken in an executive session. When the discussion has been completed, the council shall resume its deliberations in public.
(Ord. No. 96-20, § 17, 10-7-1996)
State law references: When executive sessions may be held, Code of Ala. 1975, § 13A-14-2.
Sec. 2-68. Motion for adjournment.
A motion for adjournment shall always be in order.
(Ord. No. 96-20, § 18, 10-7-1996)
Sec. 2-69. Amendment of rules.
The rules of the council may be amended in the same manner as any other ordinance of a general and permanent operation.
(Ord. No. 96-20, § 19, 10-7-1996)
Sec. 2-70. Suspension of rules.
The rules of the council may be temporarily suspended by a vote of two-thirds of the members present.
(Ord. No. 96-20, § 20, 10-7-1996)
2-71. Reports by committees.
The chair of each respective committee, or the councilmember acting for him or her, shall submit or make all reports to the council when so requested by the presiding officer or any member of the council.
(Ord. No. 96-20, § 21, 10-7-1996)
Sec. 2-72. Ordinances, resolutions or propositions requiring expenditure of money.
(a) All ordinances, resolutions or propositions submitted to the council which require the expenditure of money shall lie over until the next meeting; provided that such ordinances, resolutions, or propositions may be considered earlier by unanimous consent of the councilmembers present; and provided further that this rule shall not apply to the current expenses of, or contracts previously made with, or regular salaries of officers, or wages of employees of the city.
(b) The approval of the city budget is approval for the expenditure of those funds identified for the purposes stated in the budget. All subsequent requests for the expenditure of city funds will be in written format to include a detailed description of the item to be purchased, the justification for the item to be purchased, and the maximum expenditure authorized. A request to solicit bids for an item may not include the authorized expenditure because the approval of the council for the vendor selected will be required prior to the final authorization of the purchase.
(Ord. No. 96-20, § 22, 10-7-1996; Ord. No. 04-07, § 1.C, 10-4-2004)
Sec. 2-73. Attendance at meetings by city officials.
(a). The mayor, city clerk, treasurer, attorney, chief of police, fire chief, and such other officers, contractors or employees of the city, when requested by the council president, shall attend meetings of the council and shall remain in the council room for such length of time as the council may direct.
(b). The mayor is authorized to approve the absence of officers and employees unless their presence is specifically requested by the President of the Council.
(Ord. No. 96-20, § 23, 10-7-1996)
Sec. 2-74. Adoption of ordinance or resolution at meeting at which introduced.
No ordinance or resolution of a general and permanent nature shall be adopted at the council meeting at which it is introduced unless unanimous consent be obtained for the immediate consideration of such ordinance or resolution. Such consent shall be by roll call and the vote thereon spread on the minutes.
(Ord. No. 96-20, § 24, 10-7-1996)
Sec. 2-75. Applicability of Robert's Rules of Order.
Robert's Rules of Order is hereby adopted as the rules of procedure for the council in those situations which cannot be resolved by the rules set out in this division.
(Ord. No. 96-20, § 25, 10-7-1996)
Secs. 2-76--2-100. Reserved.
ARTICLE III. OFFICERS AND EMPLOYEES
DIVISION 1. GENERALLY
Sec. 2-101. Reserved.
Editor's note: Ord. No. 08-02, § 1, adopted May 27, 2008, repealed § 2-101, which pertained to consolidation of offices of clerk and treasurer and derived from Ord. No. 77-2, 5-23-1977.
Sec. 2-102. Indemnification.
The city agrees to indemnify and hold harmless, and shall pay on behalf of all board members, elected and appointed officials, and employees of the city, all sums which said members, officials, and employees become legally obligated to pay as damages arising out of bodily injury, property damage, or negligent and/or wrongful acts caused by an occurrence directly relating to and arising out of and within the line and scope of their employment and legal duties. The city shall have the right and duty to defend any suit against said members, officials, and employees, of the city, in which said suit seeks damages arising out of alleged negligent or wrongful acts performed within the line and scope of their duties. Said payments shall include all reasonable costs relating to court and attorney's fees. The city council shall retain the ultimate authority to investigate and settle any claim or suit as it deems expedient. However, the city shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limits of the city's liability as provided by statute has been exhausted by settlement. Further, the city shall not be obligated to pay any claims, demands, damages, losses, or expenses which are covered by workmen's compensation benefits, motor vehicle insurance, medical insurance, disability benefits, any other third party, or any similar law or insurance, nor shall the city be obligated to pay any damages which are sustained by any board member, elected and appointed official or employee of the city, whether they be directly or indirectly related to his employment or position.
(Ord. No. 86-2, 5-27-1986)
State law references: Indemnification of municipal employees.
Sec. 2-103. Use of city vehicles for commuting to residence.
City vehicles will not be used by city employees to commute between their residence and city hall, unless such residence is located within the city limits or its police jurisdiction. In the event an employee qualifies for residential use of a city vehicle, said vehicle shall not be used for purposes other than to and from the operator's work area or on direction of the mayor or chief of police.
(Ord. No. 86-5, 6-23-1986)
Sec. 2-104. Mileage reimbursement.
(a) The mayor, any city employee, councilmember or officer utilizing his own vehicle on city business is authorized reimbursement at the prevailing rate per mile as determined by the Internal Revenue Service.
(b) Anyone claiming reimbursement must file an expense report with the city treasurer for a recommendation of approval. The report shall then be forwarded to the mayor for approval or disapproval. Approved reports will be given to the city treasurer for payment.
(Ord. No. 01-01, §§ 1, 2, 3-12-2001)
State law references: Reimbursement of municipal officers or employees, Code of Ala. 1975, § 36-7-1.
2. BE IT FURTHER ORDAINED that the index to Chapter 2, Article III, Division 2 on existing 139—2-160: Reserved."
3. BE IT FURTHER ORDAINED that the following Sections be added to Chapter 2, Article III, Division 2 as follows:
Sec. 2-137. There is hereby established for the city, the Department of Information Technology with a Director who shall be classified as a merit system employee. The salary for this position shall be set by the city council as deemed appropriate.
a. The Director will be responsible for the management of information technology systems throughout the city and provide technical advice to the mayor and city council on all matters related to such systems, including but not limited to recommending and planning for and recommending upgraded computer hardware and software requirements, inter and intra-city connectivity, and preparation of a department budget, and all other matters related to information technology.
Sec. 2-138. There is hereby established Department of Economic Development with a Director who shall be appointed by the Mayor. The salary for this position shall be set by the city council as deemed appropriate.
a. The Director will be responsible for seeking development opportunities for the city, including, but not limited to, establishing a network of communications with potential commercial, industrial and service agencies through all available means including advertising and attendance at various commercial seminars and gatherings. To this end the Director shall utilize all available resources including government agencies and other private and semi-private organizations such as the Chamber of Commerce.
4. BE IT FURTHER ORDAINED that Chapter 2, Article III, Division 2, Section 2-162 of the Code of Ordinances of the City of Millbrook is deleted in its entirety and replaced with the following:
Sec. 2-162. Employees in classified service; classified service exceptions.
(a) The classified service shall include all employees serving in continuing positions in the city except the following:
(1) Mayor and members of the city council.
(2) Members of appointed boards and commissions, municipal judges and municipal attorneys.
(3) Administrative officials appointed by the mayor and/or city council, including but not limited to all department heads; less and except the position of superintendent of the street department, director of the utility system, librarian, director of information technology and the court clerk, which shall be classified service positions.
(4) Volunteer personnel who receive no regular compensation from the city.
(5) Persons performing work under contract for the city who are not carried on the payroll as employees.
(b) Nothing herein shall be construed as precluding the mayor and/or city council from filling any excepted positions in the manner in which positions in the classified service are filled.
(Ord. No. 81-6, § II, 7-13-1981; Ord. No. 89-36, § II, 7-17-1989)
5. BE IT FURTHER ORDAINED that Chapter 2, Article III, Division 2, Section 2-164 of the Code of Ordinances of the City of Millbrook is added as follows:
Sec 2-164. The following table delineates the officers and department heads of the city and their appointing authority, if any.
POSITION APPOINTING AUTHORITY AUTHORIZED BY
6. BE IT FURTHER ORDAINED THAT Chapter 10, Section 10-1 of the Millbrook Code of Ordinances is amended as follows:
Animal control officer: Change "superintendent of the building department" to "the Police Chief."
7. BE IT FURTHER ORDAINED THAT Chapter 14, Article 1, Sections 14-1 through and including 14.3 are repealed in their entirety and replaced by the following Sections 14-1 through 14.5.
Sec. 14-1. Establishment of Building Department. There is hereby established a Building Department under the supervision and authority of a Building Official who shall be an officer of the City appointed by the Mayor. The said officer is hereby empowered to enforce all building-related codes as adopted by the city council. (This position was formerly authorized by City of Millbrook Resolution 01-23 which is hereby repealed in its entirety.)
Sec 14-2. Establishment of Planning Department. There is hereby established a Planning Department under the supervision and authority of a Director of Planning, who shall be an officer of the City appointed by the Mayor. This officer is empowered to supervise all matters involving the Planning Commission and Board of Zoning Adjustments as directed by the Mayor. (The Planning/Engineering Department was formerly authorized by City of Millbrook Resolution 01-23 which is hereby repealed in its entirety.)
Sec. 14-3. Issuance of master cards; reciprocity. The city will recognize and accept any master card issued by any municipality in the state, where such city is a member of the Southern Building Code Congress, International, Inc. Should a member of the trades not possess a valid master card issued by another such municipality or state certification, they will have to take the Block Examination for their particular trade. Upon successful completion of the Block Examination, the city will issue them a master card for their trade.
(Ord. No. 86-4, 6-23-1986)
Sec. 14-4. Certificate of occupancy.
It shall be unlawful for any person to occupy, or any contractor to allow any person to occupy, any residential unit subject to this section without first having obtained a certificate of occupancy signed by an official of the city. For any violation of this section, both the contractor and the occupant shall be subject to punishment as provided in section 1-8 of this Code.
(Ord. No. 97-1, §§ I, II, 1-27-1997; Ord. No. 11-01, § 1, 4-11-2011)
Sec. 14-5. Issuance of building permits for structures requiring private sewage disposal facilities.
The city building official will not issue a building permit for buildings requiring sewage disposal facilities until such time as the builder or owner furnishes the building official with a copy of the county health department SAN-3 Report.
(Ord. No. 86-3, 6-23-1986)
Secs. 14-6--14-30. Reserved.
8. BE IT FURTHER ORDAINED THAT Chapter 42, Article I, Sections 42-1 and 42-2 are added as follows:
Section 42-1. The Mayor shall appoint a Chief of Police. The Chief shall be responsible for the operation and control of the Police Department and shall insure that its operations are conducted in accordance with all prevailing laws and other applicable directives.
Section 42-2. The Mayor may provide for the position of Assistant Police Chief.
9. BE IT FURTHER ORDAINED THAT Chapter 46, Article II, Sections 46-31 and 46-32 of the Millbrook Code of Ordinances are deleted in their entirety and replaced with the following:
Sec. 46-31. Established; number of members; appointment of members.
The Millbrook Public Library Board, hereinafter referred to as the "board," shall constitute five members to be appointed by the city council.
Sec. 46-32. Term of members; vacancies.
Each appointee, after the initial members, shall serve for a period of four years. In the event that a member vacates the board prior to the expiration of such term, such vacancy shall be filled by the city council for the remaining portion of the term by electing a successor to fill the unexpired term. Whenever a board vacancy occurs, the existing board members may recommend a replacement to the mayor and city council. The mayor and city council shall give all due consideration to the recommendation of the board; however, they may appoint any person they feel is qualified to serve on the board.
10. BE IT FURTHER ORDAINED THAT Chapter 58, Article I, Section 58-10 of the Code of Ordinances of the City of Millbrook is deleted in its entirety and replaced with the following:
Sec. 58-10. Acting municipal judge.
In the absence from the city, death, disability, or disqualification of a municipal judge, for any reason, the Mayor has the authority under Section 12-14-34, Code of Alabama, 1975 to designate a person, licensed to practice law in the state and a qualified elector of the state, not otherwise employed in any capacity by the city, to serve as acting municipal judge with all power and authority of a duly appointed municipal judge. No such acting judge may serve for more than 30 successive days or a total of 60 days in a calendar year; provided that, when the duly appointed municipal judge is disqualified pursuant to the constitution, the time of service limitations for acting judges shall not apply during such disqualifications.
11. All other sections or provisions of the Millbrook Code of Ordinances not specifically amended herein remain in full force and effect.
12. Should any section or provision of this Ordinance be held invalid, such holding shall not affect any section or provision hereof which is not of itself invalid.
13. This Ordinance shall become effective upon its adoption and publication as required by law.
ADOPTED AND APPROVED THIS 13th DAY OF November, 2012.
Approved: Fred Watts, City Council President
Approved: Al Kelley, Mayor
Attest: Teresa Mercer, City Clerk
|Last Updated on Thursday, 29 November 2012 14:39|
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