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HomeMy WebLinkAboutOrd1980-491 7/7/80 JES:jes . . . . aOduced By: City Manager Introduction Date: 9/22/80 Public Hearing and Enactment: 10/27/80 CITY OF SEWARD, ALASKA ORDINANCE NO. 491 AN ORDINANCE RELATING TO LEGISLATIVE ACTION, REPEALING ARTICLE VII, SECTIONS 2-73 THROUGH 2-80, AND CREATING SECTIONS 2.60.010 THROUGH 2.60.090 OF THE SEWARD CITY CODE THE CITY OF SEWARD ORDAINS: Section 1. Article VII. Sections 2-73 through 2-80 of the Seward City Code are hereby repealed. There is hereby created Seward City Code Sections 2.60.010 through 2.60.090 to read as follows: SECTION 2-60 ORDINANCES AND RESOLUTIONS Sec. 2.60.010 Methods of Council action. The City Council shall take legislative action only by means of an ordinance or resolution. (see also Sec. 2.20.080) Sec. 2.60.020 Preparation. All ordinances, except ordinancffiinitiated by the electors of the City under the provisions of the Horne Rule Charter Section 4.6, shall be prepared in writing and approved as to form by the city attorney. No ordinance shall be prepared for presentation to the Council unless ordered by the majority vote of the Councilor requested by the city manager, or prepared by the city attorney on his own initiative. Sec. 2.60.030 Title. Each ordinance and resolution shall be preceded by a brief title which shall indicate the subject or contents thereof. Sec. 2.60.040 Ordaining clause. shall be: enacted by The ordaining clause of all ordinances enacted by the City Council "The City of Seward Ordains". The ordaining clause of all ordinances the people shall be: "The People of The City of Seward Ordain". . . . . . City of Seward, Alaska Ordinance No. 491 Page Two Sec. 2.60.050 Prior approval by city attorney, etc. All ordinances, except ordinances initiated by the electors of the City under the provisions of Horne Rule Charter Section 4.6, resolutions and contract documents, before presentation to the Council shall have been approved as to form by the city attorney or his authorized representative, or if sub- stantial matters in the administration are involved, shall have been examined for the administration by the city manager or his authorized representative. Sec. 2.60.060 Introduction, public hearing, amendment, publication. (a) Ordinances and resolutions must be introduced and sponsored by a member of the Councilor the city manager. Ordinances and resolutions may be introduced by reading the title only and shall be read in full only when requested by a majority of the Councilor unless otherwise provided by law. When an ordinance or resolution has been introduced, copies thereof shall be made available to the public in the Council chambers and by the office of the city clerk. (b) No ordinance except an emergency ordinance shall be passed at the same meeting at which it is introduced. An ordinance shall be set for hearing by the affirmative vote of a majority of the votes authorized on the question. A summary of the ordinance and its amendments, together with a notice of time and place for public hearing, shall be posted on the bulletin board at City Hall and shall be published in one or more of the newspapers of the city. The publication must precede the public hearing by at least five days. Copies of the ordinance must be available to all persons present or the ordinance must be read in full. The Council shall hear all interested citizens wishing to be heard. (c) After the hearing, the Council shall consider the ordinance and may enact it with or without amendments; provided, any amendments do not change the general scope and original intent of the ordinance. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of this section. (d) Each ordinance or Code prOV1Slon and each resolution involving financial matters, elections and real property transactions or establishing rules and regulations affecting the public, or as required by the Council in the passage of the specific resolution, shall be posted on the bulletin board at City Hall within a reasonable time after enactment and for the number of days between enactment and the effective date, and a notice of the place of posting and a brief statement of the purpose of the ordinance or Code provision shall be published in one or more of the newspapers of the city within a reasonable time. . . . . - City of Seward, Alaska Ordinance No. 49~ Page Three Sec. 2.60.070 Emergency ordinances. (a) No ordinance shall be passed at the same meeting at which it is introduced unless an emergency is declared to exist by the Council. Any ordinance declared by the Council as being necessary as an emergency nature for preserving the public health, welfare and safety must contain a statement of the facts upon which the emergency finding is based. This exception shall not be employed for the sole reason that the rules for introduction, reading, etc. of legislation are waived to permit passage on the first reading due to the existence of an emergency. The ordinance may be enacted, amended and enacted, or rejected at the meeting at which it is introduced. The affirmative vote of all members present, or the affirmative vote of three-fourths of the total membership, whichever is less, is required for enactment. The city clerk shall print and make available copies of enacted emergency ordinances and provide for the posting and publication as set forth in Sec. 2.60.060(d). (b) An emergency ordinance may not be used to levy taxes, to grant, renew or extend a franchise, or to regulate a charge for a City service. (c) Emergency ordinances are effective for 60 days. Sec. 2.60.080 Signatures. The mayor shall sign all ordinances and resolutions as enacted and approved by the Council at the meetings in which he is in attendance, and if he is absent, the vice-mayor may sign such documents as have been enacted and approved by the Council. In the absence of the mayor and vice-mayor, the acting mayor may sign such documents that have been enacted and approved at the meeting at which he presided. Sec. 2.60.090 Effective Date. (a) The effective date of each ordinance or Code provision or resolution shall be stated therein. (b) Ordinances: All ordinances or Code prOV1Slons enacted by the Council shall become effective ten days after enactment; except, that: (1) All Code provisions which provide for or establish a tax shall become effective not less than thirty days after enactment. (2) All Code provisions which provide for or establish a salary for an elective office shall become effective on the Monday following the next general municipal election or such later date as the official elected to said office qualified for office. (3) An ordinance or Code prOV1Slon may become effective immediately upon enactment providing an emergency described therein and declared to require the enactment of such legislation to alleviate the emergency is declared to exist, pursuant to Sec. 2.60.070. . . . ~ ~ City of Seward, Alaska Ordinance No. 491 Page Four Sec. 2.60.090 (cont'd) (c) Resolutions: All resolutions passed by the Council become effective immediately; except, that: (1) Those involving real property transactions shall become effective not less than thirty days following passage and approval. (2) Those establishing rules and regulations affecting the public shall become effective not less than ten days following approval, or as otherwise provided by law. Section 2. This ordinance takes effect ten days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 27th day of October 1980. CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: CAMPBELL, CRIPPS, GILLESPIE, HUGLI, SORIANO AND VINCENT NONE SWARTZ ATTEST: APPROVED AS TO FORM: Q,fh.". C~"!IJ~ Jo nne E. Shanley City Clerk Ranald H. Jarrell Attorney for the City of Seward, Alaska (City Seal)