Chapter VIII.
ORDINANCES AND RESOLUTIONS

Section 1.  Council to Act by Motion, Resolution, or Ordinance

The Council shall act by motion, resolution, or ordinance.

Section 2.  Ayes and Nays to be Recorded

All votes shall be recorded in the minutes of the Council.

Section 3.  Majority Vote Required

A majority vote of the Council present and establishing a quorum shall be sufficient to pass motions, resolutions, and ordinances, unless otherwise provided by state law or this Charter. All ordinance adoptions shall be done by a roll call vote.

Section 4.  Enacting Style

A.    The enacting clause of all ordinances passed by the Council shall be as follows: “Be it ordained by the Mayor and Council of the City of Litchfield Park, Arizona.”

B.    The enacting clause of all resolutions passed by the Council shall be as follows: “Be it resolved by the Mayor and Council of the City of Litchfield Park, Arizona.”

Section 5.  Actions to be Taken by Ordinance

The following actions by the Council shall, unless otherwise specifically authorized or directed by state law, be taken only by ordinance:

(1)    Providing for the levying of any tax or assessment.

(2)    Providing for the sale, purchase and/or exchange of real property.

(3)    Providing for the establishment or changing of building and zoning regulations, or zoning amendments.

(4)    Providing for the alteration of the municipal boundaries by annexation or otherwise.

(5)    Borrowing money.

(6)    Providing for a sanction or penalty.

Section 6.  Reading and Passage of Ordinances and Resolutions; Effective Date

All proposed ordinances, and resolutions having the effect of ordinances, shall be subject to the following requirements for passage at any meeting of the Council:

A.    Copies of a proposed ordinance, or proposed resolution having the effect of an ordinance, shall be made available to the Mayor and Council not less than twenty-four hours prior to the meeting at which action will be taken on the ordinance or resolution.

B.    All ordinances, except those ordinances that contain an emergency clause, must have at least two separate readings during at least two separate Council meetings, and the expected date of the second reading must be stated at the time of the first reading.

C.    Copies of titles of a proposed ordinance, or resolution heretofore mentioned, shall be posted at the official posting location and such other places as the Council may prescribe not less than twenty-four hours before the meeting at which action is taken thereon. During such period, copies of the entire ordinance, or resolution heretofore mentioned, shall be available for inspection by the public during the City’s regular business hours. If the titles are not posted, or copies made available, as herein set forth, the matter shall not be brought before the Council.

D.    An ordinance, or resolution having the effect of an ordinance, shall be read and considered by number and title only. The Council may request a reading of the title or a full reading of a proposed ordinance, or resolution having the effect of an ordinance. The measure may be passed and adopted at any time after such reading.

E.    If an amendment of substantive nature is proposed during the action taken by the Council upon any ordinance or resolution as heretofore mentioned, such ordinance or resolution containing such proposed amendment shall not be adopted without following the provision set forth in subsection (C) of this section. For this section, the term “amendment of substantive nature” means an amendment which, either by addition, alteration, or deletion, alters the sense, meaning, or effect of the proposed ordinance, but shall not be deemed to include the changing of capitalization for the purpose of uniformity, or the correction of manifest clerical typographical errors.

F.    Ordinances shall become effective thirty days after passage by the Council, except for emergency measures.

G.    Except for ordinances containing an emergency clause, no ordinance shall be introduced and adopted on the same day.

Section 7.  Emergency Measures; Effective Date

An emergency measure is one which is necessary for the immediate preservation of the peace, health, or safety of the City, and one passed by the affirmative vote of three-fourths of the Council. An emergency measure shall take effect immediately upon its passage, provided it states in a separate section the reason it is necessary that it should become immediately operative. An emergency provision may be added to a proposed ordinance or resolution upon its final passage at the same meeting it is introduced upon the affirmative vote of three-fourths of the Council. No emergency resolutions or ordinances regarding franchises, zoning, or increasing or levying taxes shall be allowed.

Section 8.  Motions to Reconsider

When an ordinance, put on final passage, fails to pass, no motion to reconsider shall be made except by a member who voted on the prevailing side, and no motion to reconsider shall be considered within twenty-four hours of the conclusion of the meeting where the vote was heard.

Section 9.  Signing of Ordinances and Resolutions

All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk within five business days after adoption, but failure to so sign and attest shall not affect the validity of such ordinance or resolution.

Section 10.  Publication of Ordinances and Resolutions

All ordinances, and resolutions having the effect of an ordinance, except emergency measures defined in Section 7 of this Article, shall be published as required by state law before they become effective and operative. Emergency measures shall be published as required by state law.

Section 11.  Codification of Ordinances

A.    Any and all City ordinances that were duly enacted and published in the manner required at the time of their adoption, and that have not been repealed, may be compiled, consolidated, revised, indexed, and arranged as a comprehensive code of ordinances, and such code may be adopted by reference, with the same effect as if the full text of the ordinance or code were set out in full in the adopting ordinance.

B.    Such code need not be published in the manner required for other ordinances, but at least one copy thereof shall be filed for use and examination by the public in the office of the City Clerk prior to the adoption thereof.

C.    Amendments to such code must be enacted in the same manner as ordinances.