(a) Except for any action to remove the city attorney under city charter § 4.03 or a city council appointed employee, all proposed ordinances, resolutions and other documents requiring city council approval shall, before presentation to the council, have been approved as to form and legality by the city attorney’s office. All proposed ordinances and resolutions involving substantive matters of administration shall also be reviewed by the head of the department under whose jurisdiction the administration of the subject matter of the ordinance, resolution or other document would devolve. The sponsor(s) of any proposed ordinance, resolution or other document shall provide a written background and objective of the proposed item to the city clerk’s office with a completed agenda approval form. The background and objective shall be posted to the city’s website by the city clerk’s office. All proposed ordinances may be assigned or referred to a council committee for consideration and recommendation.
(b) Except for removing the city attorney under city charter § 4.03 or a city council appointed employee, ordinances, resolutions and other matters or subjects requiring action by the city council must be introduced and sponsored by two members of the city council or the mayor. The mayor may present ordinances, resolutions, and other matters or subjects to the city council. Any city council member may move that these ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered. The city council members who sponsor any regular agenda item that requires action by the city council shall be identified by name as sponsors on the regular agenda item. Any regular agenda item requiring action by the city council that is sponsored by the mayor shall identify the mayor on the agenda item unless the item is being presented on behalf of a private applicant. Private applicant shall mean those individuals or businesses that make application to the Planning Commission or Public Works Department. Any regular agenda item presented by the mayor on behalf of a private applicant shall identify the applicant by name on the regular agenda item. Any action approving the removal of the city attorney under city charter § 4.03 must be introduced and sponsored by four members of the city council or by the mayor. The title of the motion shall include the following statement: “A motion to approve the removal of {Insert Employee Name} from employment as city attorney with the City of Sioux Falls.” Any action approving the removal of a city council appointed employee must be introduced and sponsored by four members of the city council. The title of the motion shall include the following statement: “A motion to approve the removal of {Insert Employee Name} from employment with the City of Sioux Falls.”
(c) No ordinance shall relate to more than one subject. The subject shall be clearly expressed in the title.
(d) When a proposed ordinance is referred to a committee of the city council, the committee shall give a report of the proposed ordinance’s status to the city council at a subsequent city council meeting or informational meeting. The proposed ordinance shall stand for final action in accordance with the report of the committee, notwithstanding that the committee reports an amended or substituted ordinance, provided that the amendment or substitution is germane to the title of the ordinance originally referred to the committee.
(e) The yes and no votes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the city council.
(f) An affirmative vote of at least five city council members shall be necessary to pass an ordinance. Unless otherwise provided in charter, a resolution, motion or any other proposition may be adopted by a majority of those present. When any vote is called, each city council member shall respond “yes” or “no.”
(g) Upon passage, a number shall be assigned to each ordinance or resolution by the city clerk or the city clerk’s designee.
(h) When passed by the council, unless an ordinance has been vetoed by the mayor, an ordinance shall be signed by the mayor and be attested by the city clerk. If the mayor does not veto an ordinance, but fails to sign the ordinance, the city clerk shall so note the failure to sign on the ordinance, shall attest and file the ordinance.
(i) Any member of the city council may request formal written city attorney opinions relating to city business.
(j) Any member of the city council may, for purposes of inquiry, request verbal or written opinion or advice on city legal matters directly from the city attorney.
(k) When the annual appropriation ordinance authorizes the maximum property tax allowed by law, the annual appropriation ordinance title shall include the following statement: “authorizing an increase in property tax revenue pursuant to SDCL 10-13-35.”
(1992 Code, § 2-23) (Ord. 50-95, passed 3-20-1995; Ord. 117-99, passed 11-15-1999; Ord. 121-99, passed 12-6-1999; Ord. 52-11, passed 7-11-2011; Ord. 24-12, passed 4-2-2012; Ord. 81-15, passed 8-18-2015; Ord. 66-20, passed 8-11- 2020; Ord. 80-22, passed 8-2-2022; Ord. 54-23, passed 7-5-2023)