(a) The City Council shall act by ordinance, resolution or verbal motion. (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)
(b) The ayes and noes shall be taken upon the adoption of all ordinances and resolutions and entered upon the minutes of the proceedings of the City Council. Upon request of any member, the ayes and noes shall be taken and recorded on any vote. No member shall be excused from voting except:
(1) Upon matters involving the consideration of his own official conduct.
(2) Matters in which he declares a conflict of interest.
(3) He is absent during the vote.
In all other cases a failure to vote shall be entered on the minutes as an affirmative vote. (Election: 12/6/77; Gen. Elec. 12/1/81)
(c) No ordinance or resolution shall be adopted or become effective without receiving the affirmative votes of a majority of all the members of the City Council. (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)
(d) Every ordinance shall be preceded by a brief title which shall indicate the subject and purport thereof. (Gen. Elec. 12/6/77)
(e) The enacting clause of all ordinances shall be: “Be it ordained by the City Council of the City of Yuma as follows:” and the enacting clause of all resolutions shall be: “Be it resolved by the City Council of the City of Yuma as follows:”. (Gen. Elec. 12/6/77)
(f) No ordinance shall be adopted by the City Council on the day of its introduction, nor within five (5) days thereafter, nor at any other time than at a regular meeting. (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)
(g) In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the City Council shall be by ordinance which: (Gen. Elec. 12/6/77)
(1) Levy any tax or assessments; (Gen. Elec. 12/6/77)
(2) Acquire, sell, lease or dispose of public real property except for leases with a term less than 5 years; (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)
(3) Establish or change a zoning district; (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)
(4) Impose or provide for imposing a fine or other penalties; (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)
(5) Adopt a code by reference or amend the City Code; (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)
(6) Establish, alter or abolish any City department, or office; (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)
(7) Authorize the borrowing of money; (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)
(8) Grant, renew or extend a franchise; (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)
(9) Amend or repeal any ordinance; (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)
(10) Authorize the expenditure of any public money in excess of the sum of $5,000.00 unless the amount has been appropriated in the officially adopted budget for the expenditure requested. (Gen. Elec. 12/1/81; Gen. Elec. 11/6/01)
Editor's Note:
Art. VII, Secs. 6(g)(4) through (10) were renumbered as a result of Gen. Elec. 11/6/01, which deleted "(3) Establish or change fire limits or zones."
Art. VII, Secs. 6(g)(4) through (10) were renumbered as a result of Gen. Elec. 11/6/01, which deleted "(3) Establish or change fire limits or zones."
(h) When an ordinance is put upon its final adoption and fails to adopt, and a motion to reconsider is adopted, the vote upon the final adoption of the ordinance shall not be taken except at a meeting of the City Council held not less than one week after the meeting at which such passing motion to reconsider was made. (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)
(i) No ordinance shall be revised, re-enacted or amended by reference to its title only, but the ordinance to be revised or re-enacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto, shall be set forth and adopted in the manner provided in this Section for the adoption of ordinances. (Gen. Elec. 12/6/77)
(j) After adoption by the City Council, all ordinances, resolutions and franchises shall be signed by the mayor, attested by the city clerk, and transcribed in the proper books therefor. No ordinance, resolution or franchise shall take effect and become operative until thirty (30) days after its adoption by the City Council, except measures necessary for the immediate preservation of the peace, health or safety of the City. No such emergency measure shall be immediately operative unless it shall state in a separate section the reasons why it is necessary that it should become immediately operative. Such emergency measures further must be adopted by the affirmative vote of five-sevenths (5/7) of the members constituting the City Council. The vote on such emergency measure shall be taken by roll call. (Elections: 11/1/38; 4/7/70; 12/6/77; 12/1/81; Gen. Elec. 12/1/87; Gen. Elec. 11/6/01)
All ordinances and resolutions having the effect of ordinances and other measures required to be published, with the exception of emergency measures, shall be published one (1) time, except where otherwise provided in the Charter, prior to the effective date. When properly adopted pursuant to this section, emergency measures shall become immediately effective without any necessity for prior publication. Such emergency legislation shall, however, be published one (1) day for notice purposes. The official newspaper must be a daily newspaper and one printed and published in the City of Yuma. (Election: 11/1/38; 4/7/70; 12/6/77; 12/1/81; Gen. Elec. 12/1/87)
Except as otherwise provided in this Charter, the following matters are not to be classified as “emergencies” for the purpose of adopting emergency measures: levying taxes; granting, renewing or extending franchise; regulating the rate charged by any public utility for its services; annexing property; and rezoning property. (Election: 12/1/81; Gen. Elec. 12/1/87)
(k) Ordinances and resolutions adopted pursuant to Section (j) above shall be prima facie evidence of the contents of such ordinance or resolution and of the due adoption and publication of the same, and shall be admissible in evidence in any court in the State of Arizona, or in any proceeding where the contents of such ordinance or resolution, or any of them in question; provided, however, that nothing herein contained shall be construed to prevent the proof of the adoption and publication of an ordinance or resolution in the manner otherwise prescribed by law. (Gen. Elec. 12/6/77; Gen. Elec. 11/6/01)