(A) All legislation of the city shall be by ordinance or by resolution. The word RESOLUTION, as used in this chapter, shall be the official action of the Council in the form of a motion; the action shall be limited to matters required or permitted to be done by resolution by this chapter or by state or federal law and to matters pertaining to the internal affairs or concerns of the city government. All other acts carrying a penalty for the violation thereof, shall be by ordinance. Each ordinance shall be identified by a number and short title, or by a code section number when a codification or compilation of ordinances is completed. Ordinances shall be numbered in order as they are passed, but dispatched in order as they are introduced, except when the Council shall direct otherwise.
(1) Each proposed ordinance shall begin after a preliminary “Statement of Purpose and Intent” by the following: “NOW, THEREFORE, BE IT ORDAINED by the Council of the City, Indiana, as follows:” and a section by section format shall follow.
(2) In all proposed ordinances containing words which shall add words to an existing ordinance, the added words shall be underlined ( ).
(3) All proposed ordinances requesting deletions of words from an existing ordinance shall indicate the deletion by a dash through the word or words (- - - - - - - - - - - -).
(4) All ordinances and resolutions must be accompanied with a letter stating who requested the ordinance or resolution and the purpose for the ordinance or resolution.
(5) Every proposed ordinance and resolution shall be examined and approved as to form by the City Attorney, or another attorney designated by the City Attorney, prior to the time it is presented to the Clerk. After such examination and approval, the City Attorney, or the attorney designated by the City Attorney, shall assign an ordinance or resolution number and shall place the proposed ordinance or resolution in the possession of the Clerk of the Council who shall introduce the ordinance or resolution as prescribed herein.
(B) Every ordinance shall be read by title, 3 times before its passage, unless pursuant to division (C) below, the ordinance is read in full on the second reading, but no ordinance shall be read the third time at the same meeting it is introduced unless by unanimous vote of all Council members present, there being present at least 2/3 of the Council members (6 Council members), this rule may be suspended by a yea and nay vote.
(C) Every ordinance shall be read by title on second reading unless the Council members request by majority voice vote of all the Council members present, and there being present at least 2/3 of the Council members, that the ordinance be read in full, in which case the ordinance shall be read in full on second reading.
(D) No item shall appear on the agenda of a regular meeting of the Council unless the item has been filed in the office of the City Clerk on or before 12:00 noon on the Thursday immediately prior to the regular meeting. This division is not applicable to special meetings.
(E) When an ordinance is introduced, it shall be read by title, after which the chair shall state “This is the first reading of the ordinance; if there is no objection by anyone in the Council Chambers, it shall be set for second reading.” If there is no objection, the ordinance shall be set for second reading. If there is objection, it shall be in order for any Council member to make a proper motion for disposition of the ordinance.
(F) Any ordinance may be stricken from the files at any time before passage by a 2/3 vote of all Council members elected.
(G) Any ordinance failing to receive a sufficient number of votes will be considered as lost and stricken from the files, provided the vote is not reconsidered, as authorized by § 30.14(G)(10). All votes on the passage of ordinances and resolutions, and on motions to reconsider shall be by roll call.
(H) When a resolution is introduced, it shall be read by title only, after which, if there is no objection, it shall stand ready for adoption. If there is objection, it shall be in order for any Council member to make a proper motion for disposition of the resolution.
(I) No proposition to rescind or change any standing rule or order of the Council shall be passed at the same meeting it is submitted, nor shall any proposition having the force and effect of a by-law or a standing rule or the like relating to the government of the Council or the duties of any of the city officers be passed except in the form of an ordinance and according to the forms prescribed for the passage of ordinances.
(J) The effective date of all ordinances shall be prescribed therein; however, no ordinance shall become effective before publication thereof.
(K) Unless an ordinance shall expressly provide to the contrary, if any portion of an ordinance or the application thereof to any person or circumstances shall be found to be invalid by a court of competent jurisdiction, the invalidity shall not affect the remaining portions or applications of the ordinance which can be given effect without the invalid portion or application, provided the remaining portions or applications are not determined by the court to be inoperative and to this ordinance are declared to be severable.
(L) When a motion has been made and carried or lost, it shall be in order for any member of the prevailing side, as described at § 36(a) of the latest edition of Robert’s Rules of Order, at the same or the next regular meeting, to move for the reconsideration thereof. Such a motion upon being made may be seconded by any Council member and may be made at any time. It shall be debatable and requires a majority vote of at least 5 votes to prevail.
(1979 Code, § 30.15) (Ord. 3116, passed 7-2-1979; Am. Ord. 4099, passed 1-25-1993; Am. Ord. 4441, passed 8-16-1999)