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Each ordinance or resolution providing for the appropriation of money, an annual tax levy for current expenses, improvements petitioned for by the owners of the requisite majority of the front footage or of the area of the property benefited and to be especially assessed therefor, submission of any question to the electorate or the determination to proceed with an election, providing for the approval of a revision, codification, recodification, rearrangement of ordinances and resolutions, or publication thereof in book form, and any emergency ordinance or resolution shall take effect, unless a later time be specified therein, immediately upon its passage. No other ordinance or resolution shall go into effect until thirty days following its passage by the Council.
Each ordinance or resolution shall be authenticated by the signature of the Mayor and the Clerk of Council; however, the failure or refusal of such officers to sign such ordinances or resolutions shall not invalidate an otherwise properly enacted ordinance or resolution.
Each ordinance or resolution shall be recorded in a book, or other record prescribed by the Council, established and maintained for that purpose. The Clerk of Council or a duly authorized deputy to said Clerk, shall, upon the request of any person and upon the payment of a fee, as established by the Council, certify true copies of any ordinance or resolution.
No ordinance or resolution or any section thereof, shall be revised or amended unless the new ordinance or resolution contains the entire ordinance, resolution or section or subsection as revised or amended, and the ordinance, resolution or section or sub-section so amended shall be repealed. This requirement shall not prevent the amendment of an ordinance or resolution by the addition of a new section, sections, sub-section or sub-sections and in such case the full text of the former ordinance or resolution need not be set forth.
Except in the case of a codification or recodification of ordinances and resolutions, a separate vote shall be taken on each ordinance or resolution proposed to be amended.
Ordinances and resolutions that have been introduced and have received their first reading, or their first and second reading, but have not been voted on as to passage, may be amended or revised upon approval by a vote of at least four members of the Council, and such amended or revised ordinance or resolution need not receive further readings or be re-read.
Each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses, or regulations shall be referred to the Planning Commission. Within twenty-five days of such referral the Planning Commission shall cause such ordinance or resolution to be returned to the Clerk of Council together with the written recommendations of the majority of the members of such commission unless said time is extended by Council.
No such ordinance or resolution which violates, differs from, or departs from the written recommendation of the Planning Commission shall take effect unless passed and approved by a vote of not less than four members of the Council.
(Amended November 3, 1987)
The Mayor or other presiding officer of the Council shall set a date for a public hearing on each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses, or regulations, which hearing shall be after the twenty-five day period provided in Section 4.12 within which the Planning Commission is required to return its written recommendations to the Clerk of Council. The Clerk of Council shall cause a notice of such public hearing to be published one time in a newspaper determined by the Council to be of circulation within the Municipality or cause such notice to be published on the City website at least ten days prior to the date of such public hearing, and when such amendment, revision, change, or repeal involves ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by certified mail with return receipt, at least ten days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels to the addresses of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and to such other lists as may be required by the Council. The failure of delivery of such mail notice and the failure to publish, or error or omission in said publication, shall not invalidate any such ordinance or resolution.
(Amended November 3, 1987; Amended February 8, 2021 (approved November 3, 2020))
Council may, by ordinance or resolution, adopt standard ordinances and codes prepared by the State or any department, board or other agency or political subdivision of the State, or any standard or model ordinance or code prepared and promulgated by a public or private organization, including but not limited to codes and regulations pertaining to fire, fire hazards, fire prevention, plumbing code, electrical code, building code, refrigeration machinery code, piping code, boiler code, heating code, air conditioning code, housing code, and such other matters as the Council may determine to be appropriate for adoption by reference, by incorporation by reference. The ordinance adopting any such standard ordinance or code shall make reference to the date and source of such standard ordinance or code without reproducing the same at length in the ordinance. In such cases, publication of the standard ordinance or code shall not be required, but at least three copies of such code shall be kept at all times in the office of the Clerk of Council and available for reference by interested persons and copies of such standard ordinance and code shall be available for sale by said Clerk. If the standard ordinance or code, after its adoption by reference by the Council, is amended, the Council may adopt the amendment or change by incorporation by reference in an ordinance under the same procedure as is established herein for the adoption of the original standard ordinance or code without the necessity of setting forth in full in the ordinance the provisions either of the amendment or change to the original ordinance or the standard ordinance or code.
A. By a vote of not less than four of the members of Council, the Council may cause the ordinances and resolutions of the Municipality to be revised, codified, recodified, rearranged, or published in book form. Such revisions, codification, recodification, rearrangement or publication of ordinances and resolutions in book form shall be immediately effective upon approval of not less than four members of the Council and may contain new matter therein.
B. The Clerk of Council shall cause a notice of such proposed revision, codification, recodification, rearrangement or publication of ordinances and resolutions in book form to be published one time in a newspaper determined by the Council to be of circulation within the Municipality or cause such notice to be published on the City website at least seven days prior to the final approval thereof by the Council. The notice that is to be published shall state the date, time and place of the meeting. The full text of the revision, codification, recodification, rearrangement or publication of ordinances and resolutions in book form need not be published.
C. A current service supplementing such revision, codification, recodification, rearrangement or publication of ordinances and resolutions in book form shall be maintained in the manner prescribed by the Council.
(Amended February 8, 2021 (approved November 3, 2020))
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