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Chapter 1.15
ORDINANCES – RESOLUTIONS – REGULATIONSSections:
1.15.010 Acts of the assembly.
1.15.020 Acts required to be by ordinance.
1.15.030 Ordinance procedure.
1.15.040 Ordinance form and content.
1.15.050 Amendments to code – Effect of new ordinances – Amendatory language.
1.15.060 Supplements or revisions to the Denali Borough Code.
1.15.070 Emergency ordinances.
1.15.080 Ordinances confined to single subject.
1.15.090 Requirements for passage.
1.15.100 Signature.
1.15.110 Ordinance file.
1.15.120 Repeal shall not revive any ordinance.
1.15.130 Formal acts by resolution.
1.15.140 Procedures for resolutions.
1.15.150 Requirements for passage of resolutions.
1.15.160 Rules and regulations.
1.15.170 Codes of regulations.
1.15.010 Acts of the assembly.
The assembly shall act only by ordinance, resolution, or motion. Law of a general, uniform, and permanent nature shall be reduced to ordinance. When the assembly expresses opinions, principles, facts, or propositions, it shall be in the form of a resolution. [Code 1989 § 3-1.]
1.15.020 Acts required to be by ordinance.
In addition to other actions which the Alaska Statutes require to be by ordinance, the assembly shall use ordinances to:
A. Establish, alter, or abolish borough departments;
B. Amend or repeal an existing ordinance;
C. Fix the compensation of members of the assembly, boards, commissions and committees;
D. Provide for the sale of borough property;
E. Provide for a fine or other penalty, or establish rules or regulations for violation of which a fine or other penalty is imposed;
F. Provide for the levying of taxes;
G. Make appropriations, including supplemental appropriations or transfer of appropriations;
H. Grant, renew, or extend a franchise;
I. Adopt, modify, or repeal the comprehensive plan, land use and subdivision regulations, building and housing codes, and the official map;
J. Approve the transfer of a power to a first or second class borough;
K. Designate the borough seat;
L. Provide for the retention or sale of tax-foreclosed property;
M. Regulate the rate charged by a public utility;
N. Exempt contractors from compliance with general requirements relating to payment and performance bonds in the construction or repair of municipal public works projects within the limitations set out in AS 36.25.025;
O. Provide for the acquisition and disposal of land and interest in land;
P. Provide for a comprehensive personnel system, including, but not limited to, regulating all appointments, promotions, demotions, suspensions, and removal of Denali Borough officers and employees on the basis of merit;
Q. Create or designate itself to be a board of review, adjustment, equalization, or canvassing board. [Code 1989 § 3-2.]
1.15.030 Ordinance procedure.
A. A proposed ordinance is introduced in writing by the mayor or other assembly members, or by a committee of assembly members, at any lawful assembly meeting.
B. Upon presentation of an ordinance, copies shall be furnished to each assembly member and to the mayor. Upon presentation, an ordinance shall be rejected, deferred, referred to committee, or accepted as being introduced. After the ordinance is introduced, the assembly shall vote on whether to set the time and date for a public hearing on the ordinance.
C. If there are at least five votes in favor of setting a public hearing, the draft ordinance shall be assigned a reference number and the assembly shall publish the proposed ordinance and notice setting out the time and place for the public hearing on the proposed ordinance. The public hearing on the proposed ordinance shall follow the date the notice was published by at least 10 days. The public hearing may be held at any lawful assembly meeting.
D. At the public hearing, copies of the proposed ordinance shall be given to all persons present who request them or the proposed ordinance shall be read in full. During the public hearing the assembly shall hear all interested persons wishing to be heard. After the hearing, the assembly shall consider the proposed ordinance and may adopt it with or without amendment. The assembly shall type or print and make available copies of the adopted ordinance.
E. If a proposed ordinance is amended by the assembly after the public hearing, and the amendments are so substantial that they change the ordinance’s basic character, the proposed ordinance shall be treated as a newly introduced proposed ordinance. [Code 1989 § 3-3.]
1.15.040 Ordinance form and content.
All ordinances enacted by the assembly shall be in substantially the following form:
A. The heading “Denali Borough, Alaska”;
B. The ordinance number;
C. “Introduced by:”;
D. The title, which summarizes the ordinance’s provisions and includes any penalties imposed;
E. The enacting clause, which shall read: “Be it enacted by the assembly of the Denali Borough, Alaska:”;
F. The provisions of the ordinance;
G. The dates of introduction, first reading, and public hearing;
H. The date of adoption;
I. Space for the signature of the mayor; and
J. Space for the clerk/treasurer’s signature as an attestation to the signature of the mayor.
Form 1.15.040 appearing at the end of this chapter illustrates the form set out in this section and is suggested for use by assembly members. [Ord. 91-13 § 2; Code 1989 § 3-4.]
1.15.050 Amendments to code – Effect of new ordinances – Amendatory language.
A. All ordinances passed subsequent to this code which amend, repeal, or in any way affect this code shall be numbered according to the numbering system of this code and be printed for inclusion. In the case of chapters, sections, and subsections or any part thereof repealed by subsequent ordinances, the repealed portions shall be excluded from the code by omission from reprinted pages affected.
B. Amendments to any of the provisions of this code shall be made by specific reference to the section number of this code in substantially the following language: “Chapter ___, Section ____ of the code of ordinances of the Denali Borough, Alaska is hereby amended to read as follows:” The new chapter or section shall then be set out in full as desired.
C. If a new chapter or section not heretofore existing in the code is to be added, the following language shall be used: “The code of ordinances of the Denali Borough, Alaska is hereby amended by addition of a chapter or section, to be numbered ____, which chapter or section reads as follows:” The new chapter or section shall then be set out in full as desired.
D. All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be. [Code 1989 § 3-5.]
1.15.060 Supplements or revisions to the Denali Borough Code.
A. Amendments and supplements to this code shall be typed or printed and included within this code within 90 days after adoption by the assembly.
B. The Denali Borough Code shall be supplemented at regular intervals or if the assembly considers that supplementation of the code is unnecessary, the code shall be revised and printed every five years. [Code 1989 § 3-6.]
1.15.070 Emergency ordinances.
A. To meet public emergencies the assembly may adopt emergency ordinances effective on adoption. Each emergency ordinance shall contain a finding by the assembly that an emergency exists and a statement of the facts upon which the finding is based. The ordinance may be adopted, amended and adopted, 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 assembly membership, whichever is less, is required for adoption. The assembly must type or print and make available copies of adopted emergency ordinances.
B. An emergency ordinance may not be used to levy taxes; to grant, renew, or extend a franchise; or to regulate the rate charged by a public utility for its services.
C. An emergency ordinance is effective for 60 days. [Code 1989 § 3-7.]
1.15.080 Ordinances confined to single subject.
Every ordinance shall be confined to one subject unless it is an appropriation ordinance or one codifying, revising, or rearranging existing ordinances. Ordinances for appropriations shall be confined to appropriations. The subject of each ordinance shall be expressed in the title. [Code 1989 § 3-8.]
1.15.090 Requirements for passage.
A. Five affirmative votes are required for the passage of an ordinance.
B. The final vote on an ordinance is a recorded roll call vote. [Code 1989 § 3-9.]
1.15.100 Signature.
Each ordinance shall be signed by the mayor upon its adoption and attested by the clerk/treasurer. [Code 1989 § 3-10.]
1.15.110 Ordinance file.
The clerk/treasurer shall keep separate, permanent files for ordinances that are available for public inspection. These files shall contain all introduced, passed, failed and repealed ordinances. [Code 1989 § 3-11.]
1.15.120 Repeal shall not revive any ordinance.
The repeal of an ordinance shall not repeal the enacting clause of such ordinance or revive any ordinance which has been repealed. [Code 1989 § 3-12.]
1.15.130 Formal acts by resolution.
A. Formal acts by the assembly not required by law to be enacted by ordinance and not being acts of a general and permanent nature may be adopted by resolution.
B. A resolution shall have:
1. The heading “Denali Borough, Alaska”;
2. The space for a number to be assigned: “Resolution No. ___”;
3. A short and concise title descriptive of the resolution’s subject and purpose;
4. Short premises or “whereas” clauses descriptive of the reasons for the resolution, if necessary;
5. The resolving clause “Be It Resolved”;
6. The date of adoption;
7. Space for the signature of the mayor; and space for the clerk/treasurer’s signature as an attestation to the signature of the mayor.
C. All resolutions adopted by the assembly, whether at the request of a third party or on the motion of the assembly, shall conform to the requirements set forth in this section.
D. Resolutions shall not be included in the code, but shall be kept in a separate, permanent file by the clerk/treasurer and shall be available for public inspection.
E. Form 1.15.130 appearing at the end of this chapter illustrates the form set out and is suggested for use by assembly members. [Code 1989 § 3-13.]
1.15.140 Procedures for resolutions.
A. Every resolution shall be introduced in writing and shall be orally read before any vote for passage is taken.
B. On any vote to pass a resolution, all persons interested shall be given an opportunity to be heard. After the hearing, the assembly may pass the resolution with or without amendments.
C. After adoption, every resolution shall be published. Every resolution, unless it shall specify a later date, shall become effective upon adoption. If the resolution is submitted at a borough election when state law requires, then after a majority of favorable votes of the borough voters has been certified by the assembly, the resolution may be adopted. [Code 1989 § 3-14.]
1.15.150 Requirements for passage of resolutions.
A. Five affirmative votes are required for the passage of a resolution.
B. The final vote on each resolution is a recorded roll call vote. [Code 1989 § 3-15.]
1.15.160 Rules and regulations.
Any rule or regulation made by an administrative officer or board or commission shall be published at least 15 days prior to its adoption to give adequate public notice. [Code 1989 § 3-16.]
1.15.170 Codes of regulations.
The assembly may in a single ordinance adopt or amend by reference provisions of a standard published code of regulations. The regular ordinance procedure applies except that neither the code of regulations nor its amendments need be distributed to the public or read in full at the hearings. For a period of 15 days before adoption of an ordinance under this section at least five copies of the code of regulations shall be made available for public inspection at a time and place set out in the hearing notice. Only the adoption ordinance need be printed after adoption. The assembly shall provide for an adopted code of regulations to be made available to the public at no more than cost. [Code 1989 § 3-17.]
Form 1.15.040
DENALI BOROUGH, ALASKA
ORDINANCE NO.
INTRODUCED BY:
AN ORDINANCE ___________________________________________________________
___________________________________________________________________________
BE IT ENACTED BY THE ASSEMBLY OF THE DENALI BOROUGH:
Sections:
1.
2.
3.
Section 1 ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Section 2 ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Section 3 ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
DATE INTRODUCED: ___________________
FIRST READING: _______________________
PUBLIC HEARING: ______________________
PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this ___ day of _________, 20__.
_________________________________
Mayor
ATTEST: _________________________
Borough Clerk/Treasurer
Form 1.15.130
DENALI BOROUGH, ALASKA
RESOLUTION NO.
A RESOLUTION_____________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
WHEREAS, ________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
WHEREAS, ________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
AND WHEREAS, ____________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
BE IT RESOLVED: __________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this ___ day of _________, 20__.
___________________________
Mayor
ATTEST: ___________________
Borough Clerk/Treasurer
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