Chapter 1.15
ORDINANCES AND RESOLUTIONS
Sections:
1.15.010 Legislative power to be exercised by ordinance.
1.15.030 Adoption of ordinances.
1.15.040 Recording, numbering and certification of ordinances.
1.15.050 Ordinances to be published or posted – Adoption of published codes by reference permitted.
1.15.060 Effective date of ordinances.
1.15.070 Purpose of resolutions.
1.15.100 Publication and effective date.
1.15.010 Legislative power to be exercised by ordinance.
Except as otherwise specifically provided the city council shall exercise its legislative powers through ordinance. (Section 10-3-701, Utah Code Annotated 1953) [Code 1988 § 1-5-1.1].
1.15.020 Form of ordinances.
All ordinances shall contain and be in substantially the following order and form:
A. A number;
B. A title which indicates the nature of the subject matter of the ordinance;
C. A preamble which states the need or reason for the ordinance;
D. An ordaining clause which states “Be it ordained by the city council of Helper City, Utah”;
E. The body or subject of the ordinance, prepared in a manner consistent with the form and outline of this code;
F. When applicable, a statement indicating the penalty for violation of the ordinance or a reference that the penalty is covered by HMC 1.30.010 prescribing the fines and terms of imprisonment for violation of a municipal ordinance;
G. A statement authorizing the insertion of replacement pages in the “official” copies of the city code, reflecting the provisions enacted by the amending ordinance;
H. A statement indicating the effective date of the ordinance;
I. A line for the signature of the mayor or acting mayor; and
J. A place for the city recorder to attest the ordinance and fix the seal of the city.
Notwithstanding the above, no ordinance shall be void or unlawful by reason of its failure to conform to the provisions of subsection (A), (B), (C), (D) or (G) of this section. (Sections 10-3-704 and 10-3-705, Utah Code Annotated 1953) [Code 1988 § 1-5-1.2].
1.15.030 Adoption of ordinances.
The ordinances shall be adopted by roll call vote and shall be recorded. The minimum number of yes votes required to pass any ordinances shall never be less than three. Every ordinance shall be in writing before the vote is taken. (Sections 10-3-506 and 10-3-507, Utah Code Annotated 1953) [Code 1988 § 1-5-1.3].
1.15.040 Recording, numbering and certification of ordinances.
The city recorder shall record, in a book used exclusively for that purpose, all ordinances passed by the city council. The recorder shall give each ordinance a number if the council has not already done so. Immediately following each ordinance the recorder shall make or cause to be made a certificate stating the date of passage and of the date of publication or posting, as required by law. The record and memorandum, or a certified copy thereof, shall be prima facie evidence of the contents, passage, and publication or posting of the ordinance. (Section 10-3-713, Utah Code Annotated 1953) [Code 1988 § 1-5-1.4].
1.15.050 Ordinances to be published or posted – Adoption of published codes by reference permitted.
All ordinances, before taking effect, shall be deposited in the office of the city recorder and a short summary thereof published at least once in a newspaper published within the city or if there is no newspaper published therein, by posting complete copies in three public places within the city.
Any ordinance, code, or book relating to building or safety standards, municipal functions, administration, control or regulations, may be adopted and shall take effect without further publication or posting, if reference is made to the code or book and at least three copies thereof have been filed for use and examination by the public in the office of the city recorder prior to the adoption of the ordinance by the city council. Provisions of state law may be similarly adopted by reference. Any exception or other modification to any code, book or state law adopted by reference or any changes necessary to conform such code, book or state law with the city’s ordinances shall be noted in the ordinance adopting such code, book or state law.
The ordinance which adopts such code, book or state law shall be published in the manner provided in this section and by state law. (Section 4-3-711, Utah Code Annotated 1953) [Code 1988 § 1-5-1.5].
1.15.060 Effective date of ordinances.
Ordinances shall become effective 20 days after publication or posting or 30 days after final passage by the city council, whichever is more remote from the date of final passage, but ordinances may become effective at an earlier or later date after publication or posting if so provided in the ordinance. (Sections 10-2-711 and 10-3-712, Utah Code Annotated 1953) [Code 1988 § 1-5-1.6].
1.15.070 Purpose of resolutions.
Unless otherwise required by law, the city council may exercise all administrative powers by resolution including but not limited to (A) establishing water and sewer rates; (B) charges for garbage collection and fees charged for municipal services; (C) establishing personnel policies and guidelines; and (D) regulating the use and operation of municipal property.
Punishment, fines or forfeitures may not be imposed by resolution. (Section 10-3-717, Utah Code Annotated 1953) [Code 1988 § 1-5-2.1].
1.15.080 Form of resolution.
Any resolution passed by the city council shall be in a form and contain sections substantially similar to that prescribed for ordinances. (Section 10-3-718, Utah Code Annotated 1953) [Code 1988 § 1-5-2.2].
1.15.090 Adoption, recording.
All resolutions shall be adopted and recorded in the manner prescribed for ordinances as set forth under HMC 1.15.030. Every resolution shall be in writing before the vote is taken. (Sections 10-3-506 and 10-3-507, Utah Code Annotated 1953) [Code 1988 § 1-5-2.3].
1.15.100 Publication and effective date.
Resolutions may become effective without publication or posting and may take effect on passage or at a later date as the city council may determine, but resolutions may not become effective more than three months from the date of passage. (Section 10-3-719, Utah Code Annotated 1953) [Code 1988 § 1-5-2.4].