Chapter 2.12
ORDINANCES AND RESOLUTIONS

Sections:

2.12.010    Acts of the assembly.

2.12.020    Acts required to be by ordinance.

2.12.030    Procedure for adopting ordinances.

2.12.040    Emergency ordinances.

2.12.050    Form of ordinances.

2.12.060    Codes of regulations – Adoption by reference.

2.12.070    Ordinances confined to a single subject.

2.12.080    Repealing clause.

2.12.090    Acts by agents.

2.12.100    Formal acts by resolution.

2.12.110    Resolutions.

2.12.120    Codification.

2.12.130    Repeal of ordinances.

2.12.010 Acts of the assembly.

The assembly shall act only by ordinance, resolution or order. Laws of a general, uniform and permanent nature shall be reduced to ordinance; laws of a temporary nature or special character shall be reduced to resolution. When the assembly expresses anything by way of command, the form of expression shall be “ordered.” When it expresses opinions, facts or propositions, the form shall be “resolved.”

2.12.020 Acts required to be by ordinance.

In addition to acts which AS 29 requires to be by ordinance, the charter requires the following acts to be by ordinance:

A. Establish, alter, or abolish borough departments;

B. Provide for a fine or other penalty, or establish rules and regulations for violations for which a fine or other penalty is imposed;

C. Provide for the levying of taxes;

D. Make appropriations, including supplemental appropriations or transfer of appropriations;

E. Grant, renew or extend a franchise;

F. Adopt, amend or repeal the comprehensive plan, land use and subdivision regulations, building and housing codes, or similar land use control measures;

G. Transfer powers from the borough to another municipality;

H. Provide for the retention or sale of tax-foreclosed property;

I. Exempt contractors from compliance with general requirements relating to payment and performance bonds in the construction or repair of borough public works projects within the limitations set out in Alaska Statute;

J. Regulate the rate charged by a public utility when such regulation is consistent with Alaska Statutes;

K. Adopt or amend administrative code;

L. Authorize borrowing of money;

M. Sell, convey, or lease (or authorize the sale, conveyance, or lease) of any interest in lands and real property of the borough, in accordance with requirements of the comprehensive plan;

N. Establish, alter, consolidate, or abolish service areas.

2.12.030 Procedure for adopting ordinances.

A. An ordinance must be introduced in the form required by this title.

B. The following procedure governs the enactment of all ordinances except emergency ordinances:

1. An ordinance may be introduced by the mayor or a member of the assembly;

2. An ordinance shall be set by the assembly for two public hearings, to be held at two separate borough assembly meetings. The ordinance shall be set for such hearings by the affirmative vote of a majority of the votes authorized on the question;

3. At least seven days before the public hearings a summary of the ordinance shall be published, together with a notice of the time and place for the hearings. The mayor or the assembly may order publication of the full text of the proposed ordinance instead of a summary;

4. Copies of the ordinance shall be available to all persons present at the hearings, or the ordinance shall be read in full;

5. During the hearings the assembly shall hear all interested persons wishing to be heard;

6. After the second public hearing the assembly shall consider the ordinance, and may adopt it with or without amendment;

7. The assembly shall print and make available copies of an ordinance that is adopted;

8. An ordinance takes effect upon adoption or at a later date specified in the ordinance.

C. As used in this section, the term “publish” means to appear at least once in a newspaper of general circulation distributed within the borough and posted in three public places.

2.12.040 Emergency ordinances.

A. To meet a public emergency the assembly may adopt an emergency ordinance 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. An emergency 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 membership, whichever is less, is required for adoption of an emergency ordinance. The assembly shall 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 or a shorter time specified in the ordinance.

2.12.050 Form of ordinances.

A. All ordinances introduced shall be substantially in the following form and conform to the following requirements:

1. Heading. The proposed ordinance shall have a heading and number: “Haines Borough, Alaska, Ordinance No. ___.”

2. Title. A short summary of the ordinance’s provisions shall be included in a title at the head of the ordinance. The title shall make reference to any penalties imposed by the ordinance.

3. Premises. Whereas clauses may be necessary to describe the reasons for the proposed ordinance.

4. Enacting Clause.

a. The enacting clause of all ordinances passed by the assembly shall read: “BE IT ENACTED BY THE HAINES BOROUGH ASSEMBLY:”

b. The enacting clause of all ordinances proposed by the voters under their power of initiative shall read: “BE IT ENACTED BY THE PEOPLE OF THE HAINES BOROUGH, ALASKA:”

5. Classification. Section one of each ordinance shall classify the contents of the ordinance as between those of a general permanent nature intended to be filed as a part of the borough code, and those whose contents are of a less than permanent or less general interest not intended to be included as part of the code. If of a permanent nature, the section shall read:

Sec. 1. This ordinance is of a general and permanent nature and the code sections hereby adopted shall become part of the borough code.

Ordinances authorizing the conveyance of property, salary ordinances, appropriation ordinances or those for the annual levy of general taxes are examples of ordinances of a temporary nature.

6. Code Ordinances. Ordinances classified and intended for code filing shall also contain on the first page, and subsequent pages, if necessary, additional sections containing the formal parts of the ordinance not necessary for filing in the code, in order as follows:

a. Sec. 1. Classification.

b. Sec. 2. Severability Clause.

c. Sec. 3. Effective Date.

d. Sec. 4. Purpose.

e. Sec. 5. Repealer Clause.

f. Sec. 6. Adoption Clause.

g. Sec. 7. Penalty Clause (if in addition to general penalties).

h. ADOPTED BY A DULY CONSTITUTED QUORUM OF THE HAINES BOROUGH ASSEMBLY THIS __ DAY OF ______, 20__.

i. Signatures. Appropriate places for the mayor’s signature and attestation by the clerk shall be provided.

j. Borough seal.

B.1. Code Text Format. Those sections of the ordinance which make changes to the code shall set forth the number of each title, chapter and section of the code being added, amended, repealed or repealed and reenacted and shall state the type of change being made. Sections of the code being amended shall be set out in full, and shall include both the material which is being added and that which is being deleted. Material being deleted shall be shown by strikeout. New material shall be shown in bold type and underlined.

2. Page Headings. All pages intended for code filing should bear the heading in the center of the page at the top “Haines Borough Ordinance No. _____” and “Page __ of ___”, as needed.

3. All ordinances shall be submitted on clean white paper, eight and one-half by 11 inches.

4. Margins shall be no less than: left, one inch; right, three-fourths of an inch; top, one inch; and bottom, three-fourths of an inch.

5. Type or Printing. All ordinances shall be consistently submitted in black pica or similar plain font in 12-point type, single spaced on one side only in a manner suitable for photocopy or other means of duplication for permanent filing.

6. Noncode Ordinances. Ordinances of a less than general or permanent nature and not intended to become part of the code shall conform to the requirements of code ordinances excepting those provisions relating to codification procedures, except that appropriations ordinances may be in a different type style and size to accommodate importation from databases. (Ord. 09-08-216 § 4)

2.12.060 Codes of regulations – Adoption by reference.

The assembly may in a single ordinance accept or amend by reference provisions of a published code of borough regulations. The procedure under AS 29.25.020 applies to an ordinance adopted under this section, except that neither the ordinance nor its amendments must be distributed to the public or read in full at the public hearing. 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 ordinance must be printed after it is adopted under this section. The assembly shall provide for an adopted code of regulations to be made available to the public at no more than cost.

2.12.070 Ordinances confined to a single subject.

Every ordinance shall be confined to one subject unless it is an appropriation ordinance or one codifying, revising or rearranging existing ordinances or the code. Ordinances for appropriations shall be confined to appropriations.

2.12.080 Repealing clause.

The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.

2.12.090 Acts by agents.

When an act is required by ordinance and the act may be done as well by an agent as by the principal, such requirement shall be construed as to require and include all such acts performed by an authorized agent.

2.12.100 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. A resolution shall have:

1. The heading: “Haines Borough, Alaska.”

2. The space for a number to be assigned: “Resolution No._____.”

3. A short and concise title descriptive of its 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 BY THE ASSEMBLY OF THE HAINES BOROUGH, ALASKA.”

6. Provisions for the passage and date.

7. Provisions for the mayor’s signature and the clerk’s attestation.

B. All resolutions adopted by the borough assembly shall conform to the margin and printing requirements contained in HBC 2.12.050(B)(3), (4), and (5) and shall be permanently filed by the clerk in order of passage but shall not be included in any borough code of ordinances.

2.12.110 Resolutions.

A. Every resolution shall be introduced in writing and shall be noticed with the posted agenda.

B. A resolution may appear on a consent agenda provided assembly members and other interested persons may request removal from the consent agenda and thereby be provided an opportunity to be heard. After such hearing, the assembly may finally pass such resolution with or without amendments. First hearing of any resolution shall be final and no further passage shall be required.

C. After final passage, every resolution shall be posted in full on the borough website and a printed reference copy shall be permanently maintained in the clerk’s office. Every resolution, unless it shall specify a later date, shall become effective following final passage, or, if the resolution be submitted at a referendum election when state law or Borough Charter so requires, then upon a favorable vote of the requisite number of those voting thereon. (Ord. 12-07-298 § 6; Ord. 11-11-277 § 7)

2.12.120 Codification.

A. Each ordinance shall be codified after it is adopted.

B. The borough code shall be kept current by regular supplements.

C. In subsection (A) of this section, “codified” means:

1. The ordinance has been given a serial number or other permanent identifying number, and, bearing a notation of the date of adoption and the adopting authority, it has been entered by the borough clerk in a properly indexed book maintained for the purposes of organizing and recording the ordinances; or

2. The ordinance is a provision that establishes a rule of conduct or behavior and that is included, or to be included, in a code of ordinances or other complete system of law enacted and kept current at reasonable intervals.

2.12.130 Repeal of ordinances.

Ordinances and parts of ordinances shall be specifically repealed by ordinance number or by section if only amended or partially repealed. This section is not intended to prevent the re-codification of ordinances or titles as necessary to implement HBC 2.12.120.