(a) Ordinances. The term “ordinance” refers to the type of action by Council which is of a general or permanent nature, creates a right, grants a franchise, involves the expenditure of money or the levying of a tax or authorizes the purchase, lease, sale or transfer of property. Ordinances shall be presented to Council in writing, including the name of the reviewing Committee or waiver of Committee action. Ordinances shall not be placed on the agenda unless submitted by a member of Council, the City Manager, or Mayor.
(b) Resolutions. The term “resolution” is used in connection with an action of Council in passing legislation generally referred to as a declaration of intent or purpose, the authorization of some temporary act or administrative procedure. A resolution may initiate, direct or carry out administrative duties and functions which are granted to Council under statutory laws or City ordinances. Resolutions shall be presented to Council in writing including the name of the reviewing committee. Resolutions shall not be placed on the agenda unless submitted by a member of Council, the City Manager, or Mayor.
(c) Suspension of Rules. Suspension of rules regarding the reading of ordinances or resolutions shall be as provided in Charter Section 2.05. When a motion is properly made and seconded to suspend the rule requiring a reading at three separate meeting days, debate may be permitted on the motion.
(d) Emergency Legislation. Emergency legislation shall be enacted as provided by Charter Section 2.05(F).
(Ord. 80-77. Passed 12-16-80; Ord. 2012-65. Passed 12-18-12.)
(f) Zoning Ordinances. No zoning ordinance or any amendment thereto shall be passed unless it is first submitted to the Planning Commission for approval, disapproval or recommendations. Council shall hold a public hearing on the zoning ordinance or amendment with notice of the time and place as required by Section 1272.08(d) and (e) of the Codified Ordinances. No such ordinance or amendment which violates, differs from or departs from the Planning Commission recommendation, plan or report shall take effect unless passed by an affirmative vote of at least two-thirds (2/3's) of Council members voting, but not less than the affirmative vote of four (4) Council members. No such ordinance or amendment which agrees with the recommendation, plan or report of the Planning Commission shall take effect unless passed by a majority of Council.
(Ord. 98-46. Passed 7-7-98; Ord. 2002-33. Passed 4-16-02; Ord. 2012-65. Passed 12-18-12.)
(g) Pending Legislation.
(1) All ordinances and/or resolutions that have been tabled or postponed in excess of six months shall be considered null and void, and any further action on the subjects covered shall be reintroduced as new legislation.
(Ord 80-77. Passed 12-16-80.)
(2) Any ordinance and/or resolution tabled to a date indefinite or definite shall be removed from the table upon a motion to remove the ordinance and/or resolution from the table with the appropriate second and upon passage by a majority of Council. Any ordinance and/or resolution so removed from the table shall receive the same procedural or legislative reading, subject to the provisions of paragraph (g)(1) hereof, that such ordinance and/or resolution would have received had it not been tabled. Consequently, for purposes of illustration, an ordinance or resolution which is tabled prior to its first procedural reading, upon being removed from the table shall receive its first procedural reading.
(Ord. 83-28. Passed 7-19-83.)
(h) Amending Legislation. Any new language or any additions to existing ordinances or resolutions may be printed in capital letters so that any change is readily apparent.
(i) Law Director's Certification. Before an ordinance or resolution is adopted it shall be accompanied by a statement made by the Law Director that it has been reviewed by him or her and that it is correct as to form and legality of purpose.
(Ord. 80-77. Passed 12-16-80; Ord. 2007-44. Passed 11-20-08; Ord. 2008-87. Passed 1-6-09; Ord. 2011-09. Passed 3-15-11.)