121.04
LEGISLATION.
(a) General. All legislative action shall be done by ordinance or resolution, except when otherwise required by the Constitution or the laws of the State of Ohio, but departmental procedure and administrative matters may be transacted by motion recorded in the minutes and actions.
(b) Format.
(1) All legislation is to be prepared and/or submitted by the Law Department.
(2) Every resolution and ordinance shall contain one (1) subject only, which subject shall be clearly expressed in its title. (Charter 3.11)
(3) Every resolution and ordinance shall reflect, somewhere on its first page, who initially sponsored it for the City Council's consideration.
(Charter 3.11)
(4) Every resolution and ordinance shall be fully and distinctly read by title only on three different days, unless at least two-thirds of the members of the City Council vote to suspend this rule. If this rule is suspended, then the resolution or ordinance shall be so read by title at least once before passage. (Charter 3.11)
(c) Posting. All ordinances, resolutions, statements, orders, proclamations, notices and reports required by law, or by the Charter, to be published, shall be posted at City Hall, the Public Library, the Post Office, the City Website and in no less than two (2) other of the most public places in the City, as determined by Council. (Charter 3.11)
Please refer to Section 123.01
of Aurora’s Codified Ordinances for a listing of posting locations. The documents listed above shall be posted for a period of not less than fifteen (15) days prior to taking effect, except as may otherwise be provided in the Charter or applicable Ohio law. If legislation was passed as an emergency, it shall be posted for fifteen (15) days after passage by the City Council.
(d) Passage.
(1) No ordinance, resolution, measure, or other action shall be passed without the concurrence of at least a majority of the members of the City Council, unless a different number is required by the provisions of the Charter or applicable Ohio law. (Charter 3.11
)
(2) If the competitive bid process has been bypassed, then approval by at least 2/3rds of the members of Council is needed for passage. (Charter 6.02)
(3) On the passage of every ordinance, resolution, measure, or other action, the votes shall be taken by yeas and nays and each City Council member's vote shall be included in the minutes. (Charter 3.11)
(4) All legislation must be presented to the Mayor no more than forty-eight (48) hours after passage by the City Council, for approval or disapproval. If the Mayor approves the legislation, he/she must sign it and file it with the Clerk of Council within ten days. If the Mayor does not return it within this time period, it shall become effective in the same manner as if it were signed. (Charter 4.06
)
(5) All legislation shall go in effect thirty (30) days after the signing of the Mayor, unless the legislation contains an emergency clause.
(6) Any legislation with an emergency clause must state the reason for the emergency, and be approved by a vote of at least two-thirds of the total members of the City Council, to go in effect immediately upon the signing of the Mayor. If the ordinance passes by less than the required number of votes to become an emergency, then it shall go in effect after thirty (30) days.
(e) Reconsideration.
(1) A motion to reconsider can only be made by a member who voted on the prevailing side. It may be seconded by any member.
(2) A majority vote is required to pass a motion for reconsideration.
(3) Reconsideration of legislation can only occur prior to the approval of the minutes from the meeting where the adoption or defeat of the legislation occurred.
(4) No legislation shall be reconsidered after going into effect.
(f) Veto.
(1) If the Mayor disapproves a piece of legislation, the Mayor shall return it, with the objections, in writing to the Clerk of Council within ten days after it is presented to the Mayor by the Clerk, which objections shall be entered in full in the minutes and actions of the City Council. (Charter 4.06)
(2) For the next meeting of the City Council, the Clerk of Council shall place on the agenda, immediately following the roll call, the question of whether the City Council wishes to sustain or override the veto of the Mayor.
A. Sustain - If the City Council agrees with the veto of the Mayor, it will be sustaining the veto. This agreement must be indicated by either no motion for reconsideration, or a motion for reconsideration with a failing vote for passage.
B. Override - If the City Council does not agree with the veto of the Mayor, it will be overriding the veto. This disagreement must be indicated by a motion for reconsideration, followed by passage of the legislation.
C. The City Council may choose to reconsider a vetoed piece of legislation at its next meeting. This motion will require a majority vote of the City Council. If reconsidered, a two-thirds or more vote will be required for passage of the ordinance and overriding of the veto.
D. A vetoed piece of legislation, which has been overridden by the City Council, shall not be forwarded for the Mayor's signature. The legislation shall take effect based on the rules of the Charter.
(Ord. 2024-028. Passed 2-26-24.)