Series 104 2003 ORDINANCES/RESOLUTIONS


Section 104-001 Ord. 17541; Amending Chapters 2 and 29 RE: City Council Voting and Astentions


Ordinance No.            17541              Council Bill No.           B 412-02            

AN ORDINANCE

amending Chapters 2 and 29 of the City Code as they relate to city council voting and abstentions; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 2 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 2-53. Voting requirements; abstentions.

    (a)     Except as provided in section 2-53.1, every member who shall be present when a vote is taken on a question shall vote on the question unless excused by a majority of the council.

    (b)     Except as provided in section 2-53.1, Eevery member who intends to abstain shall state the his intentions prior to his vote and his reasons for the abstention, and shall request council permission that he be permitted to abstain. and t The council shall vote on the request prior to commencement or continuance of the vote.

     (1)    Except for votes under section 29-34(b), Aan abstention shall always be counted with the majority and, if the question before the council requires a super majority for passage, the abstention may shall be counted to reach the required super majority.

     (2)    In the event of an abstention on a tie vote, the abstention shall not be counted with either side to break the tie.

. . .

    SECTION 2.  Chapter 29 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 29-34. Petitions for amendments.

. . .

    (b)     Protest Against Amendment. If a protest against such change, as described in the preceding section, shall be presented, duly signed and acknowledged by the owners of thirty (30) per cent or more, either of the area of land (exclusive of streets and alleys) included in such proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not be passed except by a the affirmative vote of two-thirds vote of the members of the council then in office and not disqualified from voting under section 2-53.1.  An abstention shall not be counted either for or against the amendment. In order to be valid, protest petitions must be filed with the city clerk no later than 5:00 p.m. on the Wednesday preceding the council hearing on the proposed amendment.

    (c)     Notice of Hearings. No action on an amendment, change, modification or repeal shall be taken by the council until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official newspaper or newspaper of general circulation in the city.

    SECTION 3.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 6th day of January, 2003.