Chapter 2.08
ORDINANCES AND RESOLUTIONS
Sections:
2.08.010 Acts of the assembly.
2.08.020 Acts required to be by ordinance.
2.08.040 Ordinance form and content.
2.08.050 Emergency ordinances.
2.08.060 Ordinances confined to single subject.
2.08.070 Repeal shall not revive any ordinances.
2.08.090 Codes of regulations.
2.08.100 Formal acts by resolution.
2.08.110 Resolution procedure.
2.08.010 Acts of the assembly.
The assembly shall act only by ordinance, resolution or order. Laws of a general, uniform and permanent nature shall be reduced to ordinance; laws of a temporary or special character shall be reduced to resolution. When the assembly expresses anything by way of command, the form of expression shall be “ordered”; when it expresses opinions, principles, facts or propositions, the form shall be “resolved.” (Code 1986 § 1.20.010)
2.08.020 Acts required to be by ordinance.
In addition to other actions which AS Title 29 requires to be by ordinance, the assembly shall use ordinances to:
A. Establish, alter or abolish borough departments;
B. Fix the compensation of members of the assembly;
C. Provide for a fine or other penalty, or establish rules or regulations for violation of which a fine or other penalty is imposed;
D. Provide for levying of taxes;
E. Make appropriations and supplemental appropriations or transfer appropriations;
F. Grant, renew or extend a franchise;
G. Regulate the rate charged by a borough public utility;
H. Adopt, modify or repeal the comprehensive plan, zoning and subdivision ordinances, building and housing codes, and the official map;
I. Approve the transfer of power to a first or second class borough from a city;
J. Designate the borough seat;
K. Provide for the retention of sale of tax-foreclosed property;
L. Exempt contractors from compliance with general requirements relating to payment and performance bonds in the construction or repair of municipal public works projects within the limitations set out in AS 36.25.025. (Ord. 86-14 § 1, 1986; Code 1986 § 1.20.020)
2.08.030 Ordinance procedure.
A. An ordinance may be presented for consideration only by a member or committee of the assembly or by the mayor at any regular or special meeting of the assembly. Upon presentation of an ordinance, copies shall be furnished to each assembly member and to the mayor. Upon presentation, an ordinance shall be rejected, deferred, referred to committee, or accepted as being introduced. Promptly after introduction the assembly shall publish the ordinance and a notice setting out the time and place for a public hearing on the ordinance. The public hearing of an ordinance shall follow publication by at least 10 days; it may be held at a regular or special assembly meeting and may be adjourned from time to time. At the public hearing copies of the ordinance shall be distributed to all persons present who request them or, in the alternative, the ordinance shall be read in full. All interested persons shall have an opportunity to be heard. After the hearing, the assembly shall consider the ordinance and may adopt it with or without amendment. The assembly shall print and make available copies of adopted ordinances.
B. Ordinances take effect upon adoption or at a later date specified in the ordinance.
C. As used in this section, the term “publish” means that notice shall be given through the media widely available throughout the borough and mailed to each city or village administrator at least 10 days before the hearing, or action, or meeting for which the notice is given. Each administrator to whom notice is mailed shall be requested to post it in at least one public place, but posting is not required for notice to be effective. (Ord. 00-11 § 3, 2000; Ord. 86-11 § 1, 1986; Code 1986 § 1.20.030)
2.08.040 Ordinance form and content.
All ordinances enacted by the assembly shall be in substantially the following form:
A. The proposed ordinance shall have a heading and number.
B. Title. A short summary of the ordinance’s provisions shall be included in a title at the head of the ordinance. The title shall make reference to any penalties imposed by the ordinance.
C. Enacting Clause. The enacting clause shall read: “BE IT ENACTED BY THE ASSEMBLY OF THE NORTHWEST ARCTIC BOROUGH.”
D. Substantive Part of the Ordinance. The provisions of the ordinance will follow the enacting clause. Changes in the substantive part of the ordinance shall be noted in the following manner: words to be added shall be underlined ______, and words to be deleted shall be placed in brackets [ ]. Alternatively, deletions and additions may be shown by computerized redlining in any manner acceptable to the assembly.
E. Signatures. Appropriate places shall be provided for the signatures of the mayor and the president of the assembly.
F. Attestation. The enactment and passage date of the ordinance shall be attested by the clerk.
G. Code Section Numbers. Ordinances which amend, add to or repeal sections of this code shall refer to the code sections by number. (Ord. 95-02 § 2a, 1995; Ord. 88-11 § 2, 1988; Ord. 88-03 § 1, 1988; Ord. 87-25 § 1, 1987; Code 1986 § 1.20.040)
2.08.050 Emergency ordinances.
A. To meet a public emergency the assembly may adopt ordinances effective on adoption. Every emergency ordinance must contain a finding by the assembly that an emergency exists and a statement of the facts upon which the finding is based. The ordinance may be adopted, amended and adopted, or rejected at the meeting at which it is introduced. The affirmative vote of all members present, or the affirmative vote of three-fourths of the total membership, whichever is less, is required for adoption. The assembly must print and make available copies of adopted emergency ordinances.
B. An emergency ordinance may not be used to levy taxes, to grant, renew or extend a franchise, or to regulate the rate charged by a public utility for its services.
C. Emergency ordinances are effective for 60 days. (Code 1986 § 1.20.050)
2.08.060 Ordinances confined to single subject.
Every ordinance shall be confined to one subject unless it is an appropriation ordinance or one codifying, revising or rearranging existing ordinances. Ordinances for appropriations shall be confined to appropriations. The subject of each ordinance shall be expressed in the title. (Code 1986 § 1.20.070)
2.08.070 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Code 1986 § 1.20.080)
2.08.080 Acts by agents.
When an act is required by ordinance and the act may be done as well by an agent as by the principal, such requirement shall be construed as to require and include all such acts performed by an authorized agent. (Code 1986 § 1.20.090)
2.08.090 Codes of regulations.
The assembly may in a single ordinance adopt or amend by reference provisions of a standard published code of regulations. The regular ordinance procedure applies except that neither the ordinance nor its amendments need be distributed to the public or read in full at the hearings. For a period of 15 days before adoption at least five copies of the code must be made available for public inspection at a time and place set out in the hearing notice. Only the adopting ordinance need be printed after adoption. The assembly shall provide for the adopted code to be sold to the public. (Code 1986 § 1.20.100)
2.08.100 Formal acts by resolution.
A. Formal acts by the assembly not required by law to be enacted by ordinance and not being acts of a general and permanent nature may be adopted by resolution. A resolution shall have:
1. The heading “Northwest Arctic Borough, Alaska”;
2. The space for a number to be assigned: “Resolution, No. ____”;
3. A short and concise title descriptive of its subject and purpose;
4. Short premise or whereas clauses descriptive of the reasons for the resolution, if necessary;
5. The resolving clause “Be it Resolved:”;
6. Provisions for signature after the date, and designated lines for the signatures of the mayor and president of the assembly; and
7. An attestation to be signed by the clerk.
B. All resolutions adopted by the assembly whether at the instance of and presented by third parties, or on the motion of the instance of the assembly, shall conform to the requirements set forth in subsection (A) of this section.
C. Resolutions shall not be included in any municipal code of ordinances. (Ord. 96-11 § 3, 1997; Code 1986 § 1.20.110)
2.08.110 Resolution procedure.
A. Every resolution shall be introduced in writing and shall be orally read before any vote for passage thereof is taken.
B. On any vote for passage of the resolution, all persons interested who appear shall be given an opportunity to be heard. After such hearing, the assembly may finally pass such resolution with or without amendments. First reading of any resolution shall be final and no further passage shall be required.
C. After final passage, every resolution shall be posted in full on the borough hall bulletin board. Every resolution, unless it shall specify a later date, shall become effective following final passage, or, if the resolution be submitted at a referendum election when state law or borough charter so requires, then upon a favorable vote of the requisite number of those voting thereon. (Code 1986 § 1.20.120)