Chapter 1.12
ORDINANCES1
Sections:
1.12.010 Process for introducing and adopting ordinances.
1.12.020 Repealed.
1.12.030 Repealed.
1.12.040 Repealed.
1.12.050 Repealed.
1.12.060 Repealed.
1.12.080 Repeal of ordinances.
1.12.010 Process for introducing and adopting ordinances.
A. An ordinance may be presented by a member or committee of the assembly, the borough mayor, or the borough manager.
B. The department and/or officials which are affected by an ordinance or required to enforce an ordinance will review the ordinance and submit a report or recommendation to the borough manager for the assembly’s information.
C. An ordinance shall be set for public hearing by the affirmative vote of the majority of the membership present. A summary of the ordinance and the time and place of the hearing shall be published by the clerk. The notice shall be published not less than five days prior to the date of public hearing in accordance with AS 29.25.020 and 29.71.800.
D. Copies of the ordinance must be available to all persons present or the ordinance must be read in full. The assembly shall hear all interested persons wishing to be heard.
E. After the hearing the assembly shall consider the ordinance and may adopt it with or without amendment.
F. The clerk shall make printed copies of adopted ordinances available. Each ordinance after adoption shall be codified. [Ord. 967 § 2, 2019.]
1.12.020 Introduction.
Repealed by Ord. 967. [Ord. 355 § 5, 1976; prior code § 27.20.030.]
1.12.030 Number of readings – Passage.
Repealed by Ord. 967. [Ord. 833 § 6, 2009; Ord. 355 § 5, 1976; prior code § 27.20.040.]
1.12.035 Abstentions.
A. All members of the assembly present at any regular or special meeting of the assembly shall be required to vote upon all matters, motions, resolutions and ordinances before the assembly for vote, unless he or she is required to abstain for good and special cause to include a substantial direct or indirect financial interest in the matter to be voted upon.
B. The assembly shall rule upon the validity of any claim of abstention by a vote of the members present at the time of the claim. A simple majority of those voting shall be sufficient to sustain or deny any claim of abstention. The abstaining assembly member’s vote shall not be counted either for or against the matter, motion, resolution or ordinance that is before the assembly after abstention is determined as above. [Ord. 407 § 4, 1980; prior code § 27.20.047.]
1.12.040 Publication.
Repealed by Ord. 967. [Ord. 355 § 5, 1976; prior code § 27.20.055.]
1.12.050 Number.
Repealed by Ord. 967. [Ord. 201 § 5, 1967; prior code § 27.20.060.]
1.12.060 Adoption by reference.
Repealed by Ord. 967. [Ord. 355 § 5, 1976; prior code § 27.20.080.]
1.12.070 Resolutions.
A. Formal acts by the assembly not required by law to be enacted by ordinance, such as authorizing a municipal officer to undertake certain acts and not being acts of a general and permanent nature which should become part of the code, may be adopted by resolution bearing the following:
1. The heading “City and Borough of Wrangell”;
2. Space for the serial number to be assigned, “Resolution No. ___________”;
3. A short and concise title descriptive of the subject and purpose;
4. Short premises or whereas clauses descriptive of the reasons for the resolution if necessary;
5. Resolving clause, “BE IT RESOLVED BY THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA”; and
6. Provision for date after the text, “Adopted (date) ” and designated lines for the signatures of the mayor and clerk.
B. All resolutions adopted by the assembly, whether at the instance of and presented by third parties or on the motion of and instance of the assembly, shall conform to that set forth in subsection (A) of this section.
C. Serial numbers shall be assigned as follows: The first digit(s) shall denote the month, the second digits shall denote the year and the last digits shall be the next consecutive numbers indicating the total number of resolutions passed.
D. Formal acts by the assembly required to be enacted by resolution include establishing salaries and compensation for officers and employees; and establishing classes of positions in the borough’s personnel system.
E. An affirmative vote of a majority of the membership present when the vote is taken is required for adoption of a resolution. [Ord. 967 § 3, 2019; Ord. 355 § 5, 1976; prior code § 27.20.085.]
1.12.080 Repeal of ordinances.
Ordinances and parts of ordinances shall be specifically repealed by ordinance number or by section if only amended or partially repealed. [Ord. 355 § 5, 1976; prior code § 27.20.095.]
For additional provisions on ordinances, see Charter § 2-9 et seq.