(A) DEFINITIONS AND USES:
(1) ORDINANCE: The formal, written enactment of the legislative authority of the municipality in the exercise of the governmental power vested by the Charter or statutes of the municipality for the regulation of the conduct of its citizens or others subject to its control, and intended to be of a permanent duration. "By-law" and "ordinance" have substantially the same meaning.
Council actions requiring the use of an ordinance:
(a) Any action resulting in a change in one of the codified laws of the City;
(b) Any action resulting in an addition to the codified laws of the City;
(c) Any action to enact or levy taxes;
(d) Any permanent zoning regulations;
(e) Any action to grant, renew or extend franchises;
(f) Any action establishing, regulating, or changing the rates charged by any public utility for its use;
(g) Any action authorizing the municipality to borrow money or issue bonds or notes;
(h) Any action authorizing the purchase, lease or transfer of public property.
(2) RESOLUTIONS: The formal, written enactment of a municipal legislative authority of a less permanent nature, not prescribing any permanent rules of conduct and usually required or applied to the preliminary declaration of legislative intent to be effectuated by the subsequent passage of an ordinance, or for the disposition of a specific matter not required by statute or charter provision to be done by ordinance.
Council actions that may be done by a resolution, including but not restricted to, those listed as follows:
(a) Authorization of the purchase of equipment or materials for the City;
(b) Authorization of receiving of bids of works on City projects for maintenance and/or repairs to City property or equipment;
(c) Authorization of repairs to City streets, buildings, park property, etc.;
(d) Business relations with other municipal, state or federal governments or agencies that will not result in a change in the city codes;
(e) Hiring of employees where Council action is required.
(3) MOTION: The use of a Motion is ordinarily in the parliamentary procedure to expedite and control the deliberations of the legislative authority in the transition of the business.
Council actions by use of a Motion:
(a) Normal procedural actions for the routine functions of the Council;
(b) Action on issues already enacted as Ordinances or Resolutions to complete the purposes for which they were passed;
(c) Instructions and requests by Council to employees of Council or auxiliary groups established by or responsible to Council.
(B) FORM: Every proposed ordinance or resolution shall be introduced in writing and in the form for final adoption. All ordinances and resolutions are to be prepared or reviewed as to form and correctness by the Director of Law. No ordinance or resolution shall contain more than one subject which shall be clearly expressed in its title. The enacting clause of each ordinance or resolution shall be "The municipality of Tipp City hereby ordains -(resolves) ." Appropriation ordinances or resolutions shall specify the various accounts and amounts for which monies are to be appropriated. Any ordinance or resolution which repeals or amends an existing ordinance or resolution or part of the municipal code shall set out in full the ordinance or resolution, or the sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter by underscoring or by italics.
(C) PROCEDURE: An ordinance or resolution may be introduced by any member at any regular or special meeting of the Council. Upon introduction of any ordinance or resolution, the Clerk of Council shall distribute a copy to each Councilmember and to the Manager, shall file a reasonable number of copies in the office of the Clerk of Council and such other public places as the Council may designate, and shall publish in summary form any ordinance together with a notice setting out the time and place for a public hearing thereon, and for its consideration by the Council. The public hearing shall follow the publication by at least five days; may be held separately or in connection with a regular or special Council meeting; and, may be adjourned from time to time. All persons interested shall have an opportunity to be heard. After the hearing, the Council may adopt the ordinance or resolution with or without amendment; or, reject it; but, if it is amended as to any matter of substance; the Council may not adopt it until the ordinance or resolution or its amended section(s) have been subjected to all the procedures hereinbefore required in the case of a newly introduced ordinance or resolution.
A resolution enacted for the purpose of honoring or bestowing recognition upon any person, group, or activity, or for any other clearly ceremonial purpose shall require only one reading, and shall not be subject to the codification requirements of this Charter. Fourteen (14) days after adoption of any ordinance or resolution, the Clerk of Council shall have it published together with a notice of its adoption.
(D) EFFECTIVE DATE: Except as otherwise provided in this charter, every adopted ordinance shall become effective thirty (30) days after its adoption by the Council. A resolution shall become effective ten (10) working days after one reading and its adoption.
(E) "PUBLISH" DEFINED: As used in this section, the term "Publish" means to print in one or more newspapers of general circulation in the municipality or publish on the municipality’s web page and posted at the Government Center:
(1) The ordinance and/or resolution or a brief summary thereof, and
(2) The places where copies of it have been filed and the times when they are available for public inspection.
(Revision approved by the voters 11-3-92; Revision approved by the voters 11-8-16)