Chapter 1.20
ORDINANCES – RESOLUTIONS – TECHNICAL CODES
Sections:
1.20.020 Acts required to be by ordinance.
1.20.040 Ordinance form and content.
1.20.050 Emergency ordinances.
1.20.070 Ordinances confined to single subject.
1.20.080 Repeal shall not revive any ordinances.
1.20.090 Codes of regulations.
1.20.100 Formal acts by resolution.
1.20.110 Resolutions – Reading – Hearing – Adoption – Posting.
1.20.120 Rules and regulations.
1.20.010 Acts of the Council.
The Council shall act only by ordinance or resolution. Law of a general, uniform and permanent nature shall be reduced to ordinance. When the Council expresses opinions, principles, facts or propositions, it shall be in the form of a resolution. [Ord. 01-77 Ch. 3 § 1].
1.20.020 Acts required to be by ordinance.
In addition to other actions which AS Title 29 (Municipal Government) requires to be by ordinance, the Council shall use ordinances to:
(a) Establish, alter or abolish municipal departments;
(b) Amend or repeal an existing ordinance;
(c) Fix the compensation of members of the Council;
(d) Provide for sale of City property valued at more than $25,000;
(e) Provide for a fine or other penalty, or establish rules of regulations for violation of which a fine or other penalty is imposed;
(f) Provide for levying of taxes;
(g) Make appropriations and supplemental appropriations or transfer appropriations;
(h) Grant, renew, or extend a franchise;
(i) Regulate the rate charged by a public utility;
(j) Approve the transfer of a power to a borough;
(k) Adopt, modify or repeal the comprehensive plan, zoning and subdivision ordinances, building and housing codes, and the official map. [Ord. 01-77 Ch. 3 § 2].
1.20.030 Ordinance procedure.
(a) A proposed ordinance may be presented for considered only by a member of the Council or by the Mayor at any regular or special meeting of the Council. Upon presentation, a proposed ordinance shall be rejected, deferred, reworded, or accepted as introduced. Promptly after acceptance by motion the Council shall publish the proposed ordinance and a notice setting out the time and place for a public hearing on the proposed ordinance. The public hearing of a proposed ordinance shall follow publication by at least five days; it may be held at a regular or special Council meeting. At the public hearing copies of the proposed ordinance shall be given to all persons present who request them or the proposed ordinance shall be read in full. All interested persons shall have an opportunity to be heard. If the proposed ordinance is amended after the hearing as to any matter of major substance, the proposed ordinance shall be treated as a newly introduced proposed ordinance. After the hearing, the Council shall consider the proposed ordinance and may adopt it with or without amendment. The Council shall print and make available copies of adopted ordinances.
(b) As used in this section, the term “publish” means that the proposed ordinance and notice of hearing shall be posted in three public places for at least five days. [Ord. 01-77 Ch. 3 § 3].
1.20.040 Ordinance form and content.
All ordinances enacted by the Council 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 Council of the City of Saxman, Alaska:”
(d) Substantive Part of the Ordinance. The provisions of the ordinance shall follow the enacting clause.
(e) Signatures. Appropriate places shall be provided for the signatures of the Mayor and Clerk.
(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.
CITY OF _________, ALASKA
ORDINANCE NO. _________
AN ORDINANCE ___________________
_________________________________
BE IT ENACTED BY THE _________ CITY COUNCIL AS FOLLOWS:
Section 1. _________________________
_________________________________
_________________________________
Section 2. _________________________
_________________________________
_________________________________
Section 3. _________________________
_________________________________
_________________________________
|
DATE INTRODUCED: ____________ |
|
|
DATE OF PUBLIC HEARING: ____________ |
|
|
PASSED AND APPROVED by the ___________________ CITY COUNCIL THIS _______ day of _______________, 20__. |
|
|
|
|
|
|
Mayor |
|
|
|
|
ATTEST: |
|
|
|
Clerk |
[Ord. 01-77 Ch. 3 § 4].
1.20.050 Emergency ordinances.
(a) To meet a public emergency the Council may adopt ordinances effective on adoption. Every emergency ordinance must contain a statement by the Council of why an emergency exists and a statement of the facts about the emergency. 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 Council 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. [Ord. 01-77 Ch. 3 § 5].
1.20.060 Signature.
Each ordinance shall by signed by the Mayor at its adoption and attested by the Clerk. [Ord. 01-77 Ch. 3 § 6].
1.20.070 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. [Ord. 01-77 Ch. 3 § 7].
1.20.080 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. [Ord. 01-77 Ch. 3 § 8].
1.20.090 Codes of regulations.
The Council 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 code of regulations nor its amendments need be distributed to the public or read in full at the hearings. For a period of 15 days before adoption of the regulations at least five copies of the code of regulations 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 Council may sell the adopted code to the public. [Ord. 01-77 Ch. 3 § 9].
1.20.100 Formal acts by resolution.
(a) Formal acts by the Council not required by law to be enacted by ordinance and not being acts of a general or permanent nature may be adopted by resolution. A resolution shall have:
(1) The heading “City of Saxman, 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) Provision for signature after the date, and designated lines for the signatures of the Mayor and Clerk; and
(7) An attestation.
(b) All resolutions adopted by the Council whether at the request of a third party, or on the motion of the Council, 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.
CITY OF _________, ALASKA
RESOLUTION NO. _________
A RESOLUTION ___________________
_________________________________
_________________________________
WHEREAS, _______________________
_________________________________
_________________________________
WHEREAS, _______________________
_________________________________
_________________________________
BE IT RESOLVED: __________________
_________________________________
_________________________________
PASSED AND APPROVED by the ________________ CITY COUNCIL THIS _______ day of _______________, 20__.
|
Mayor |
|
Councilmember |
|
|
|
|
|
Councilmember |
|
Councilmember |
|
|
|
|
|
Councilmember |
|
Councilmember |
|
|
|
|
|
|
|
Councilmember |
|
ATTEST: ____________ |
|
|
|
Clerk |
|
|
[Ord. 01-77 Ch. 3 § 10].
1.20.110 Resolutions – Reading – Hearing – Adoption – Posting.
(a) Every resolution shall be introduced in writing and shall be orally read before any vote for passage is taken.
(b) On any vote to pass the resolution, all persons interested shall be given an opportunity to be heard. After such hearing, the Council may finally pass such resolution with or without amendments.
(c) After adoption, every resolution shall be posted in full on the City bulletin board. Every resolution, unless it shall specify a later date, shall become effective following adoption. If the resolution is submitted at a City election when State law requires, than after a majority of favorable votes of the City voters has been certified by the Council, the resolution may be adopted. [Ord. 01-77 Ch. 3 § 11].
1.20.120 Rules and regulations.
Any rule or regulation made by any administrative officer or Board or Commission shall be posted for 10 days following its approval by the City Council in three public places. [Ord. 01-77 Ch. 3 § 12].