(A) Classes of ordinances:
(1) Ordinances shall be of three distinct classes:
(a) First, appropriation ordinances;
(b) Second, special ordinances, pertaining to special matters; and
(c) Third, general ordinances, relating to the government of the city.
(2) The Clerk shall keep each class of ordinances in distinct files, according to the number of their reading, and shall give each ordinance of each class a distinct number in the order of its introduction, and shall place the files on the Clerk’s desk at the opening of each meeting. However, no ordinance or resolution shall be presented to Council unless the ordinance or resolution has been placed in the hands of the City Clerk no later than 12:00 noon on the Wednesday preceding Council meeting.
(B) No ordinance shall be permitted to be introduced to the Council unless it is presented to Council by a member of Council. All ordinances which require action by Council by existing law or in exercising the administrative function of government are considered to be sponsored by the President of Council.
(C) The City Clerk shall, on receipt of a proposed ordinance, send a copy of the proposed ordinance to each member of Council for inspection at least two days before the next Council meeting.
(D) The vote on an ordinance or resolution on suspension of the rules, and motions to reconsider, must be by roll call vote. Any two members may call for the ayes and nays on any question or motion. Any member may call for a division of a question when the sense will admit of it.
(E) Each ordinance shall be read through by title and the sections on introduction and the ordinance shall then be referred by the President to the proper committee or to the Committee of the Whole. However, with the unanimous consent of the members of Council in attendance, any ordinance may be read on first reading by title only.
(F) After introduction of an ordinance, the ordinance shall not be considered for a second reading until the next scheduled meeting, or at a special meeting called pursuant to Rules of Council, unless this rule be suspended by unanimous consent, and then only in case there are present and voting at least two-thirds of all the members of the Council.
(G) Each ordinance shall be read by title only on second and final reading, at which time it shall be open for amendments. The next question will be on ordering it engrossed. No amendment, except to strike out, shall be in order after the engrossment of an ordinance, unless by unanimous consent.
(H) After engrossment, any member of Council may make a motion to call the vote for approval or other disposition of the ordinance.
(I) A two-thirds vote of all the elected members after unanimous consent of the members present to consider the ordinance is required to pass an ordinance of the legislative body on the same day or at the same meeting at which it is introduced.
(J) An ordinance may be stricken from the files at any time by a vote of two-thirds of all members of Council, or by a majority vote after the ordinance shall have passed second and final reading.
(K) Any ordinance failing to receive a majority vote upon engrossment will be considered as still in its second and final reading and awaiting engrossment, unless stricken from the files or otherwise disposed of by order or permission of the Council.
(L) An ordinance failing to receive a sufficient number of votes on final passage will be considered as lost and stricken from the files, provided that the vote is not reconsidered within the time limit and manner authorized by § 30.023.
(M) An amendment to an ordinance may be referred, delayed or otherwise disposed of, without delay or prejudice to the ordinance itself.
(N) Ordinances reported back to the Council by Committees or officers will take their proper place on first or second reading.
(O) Ordinances, resolutions and reports may be committed and recommitted at the pleasure of the Council.
(P) When any subject is referred to a standing committee or special committee, the member introducing it shall be a member of the committee during its deliberations thereon, but shall have no power to vote. He or she shall be notified by the Chairperson of the committee of the time and place of meeting of the committee.
(Q) All reports from committees shall be made in writing and must be signed by a majority of the members thereof. All committees, including the Committee of the Whole, shall report on it to the Council not later than the second regular meeting after the ordinance is introduced and referred, provided, that the Council may, at is discretion, extend the time for making the report.
(R) After an ordinance, order or resolution passed by the Council has been signed by the presiding officer, the Clerk shall present it to the Mayor, and record the time of the presentation (I.C. 36-4-6-15). Within ten days after an ordinance, order or resolution is presented to him or her, the Mayor shall either approve the ordinance, order or resolution by signing it and sending the Council a message announcing his or her approval, or veto the ordinance, order or resolution by returning it unsigned to the Council with a message announcing his or her veto and stating his or her reasons for the veto. The Mayor may approve or veto separate items of an ordinance appropriating money or levying a tax. If the Mayor fails to act hereunder, the ordinance, order or resolution is considered vetoed. Whenever an ordinance, order or resolution is vetoed by the Mayor, it is considered defeated unless the Council, at its first regular or special meeting after the ten-day period prescribed herein, passes the ordinance, order or resolution over his or her veto by a two-thirds vote (I.C. 36-4-6-16). After an ordinance, order or resolution has been signed by the Mayor, it shall be attested by the Clerk and placed in the official records of the Common Council.
(S) After the call of ayes and nays has been answered to by any member, it shall not be in order for any member to offer any remarks except in explanation of his or her vote, and no explanation shall be in order under the operation of the previous question, or motion to lay on the table.
(T) No ordinance which has failed to receive a sufficient number of votes on final passage or which has been stricken from the files shall be permitted to be reintroduced, nor shall it be considered again by this body for a period of at least one year after the ordinance has been so stricken from the files. However, any ordinance may be reintroduced or reconsidered at any time by a two-thirds vote of the members of Council.
(Prior Code, § 30.08) (Ord. 38-2020, passed - -2020)