CHAPTER 1.25: ENACTMENT OF ORDINANCES, RESOLUTIONS AND REGULATIONS
Section
1.25.010 Acts required to be by ordinance
1.25.060 Formal acts by resolution
1.25.070 Codes of technical regulations [Repealed]
1.25.080 Codification [Repealed]
1.25.090 Revisor of ordinances [Repealed]
Statutory reference:
For provisions regarding codification of borough ordinances and resolutions, see A.S. 29.25.050 and 29.25.060
1.25.010 ACTS REQUIRED TO BE BY ORDINANCE.
(A) Those acts of the assembly shall be by ordinance which:
(1) establish, alter or abolish any borough department;
(2) fix the compensation of the members of the assembly or mayor;
(3) provide for a fine or other penalty, or establish a rule or regulation for violation of which a fine or other penalty is imposed;
(4) levy taxes;
(5) make appropriations, supplemental appropriations or transfer appropriations;
(6) grant, renew or extend a franchise;
(7) [Repealed by Ord. 04-081, § 29, 2004]
(8) authorize the borrowing of money within limits as will not create a greater indebtedness or liability of any kind in any year than the current revenue of the borough for that year;
(9) [Repealed by Ord. 04-081, § 29, 2004]
(10) adopt, modify, or repeal the comprehensive zoning plan, the official map, land use, subdivision regulations, and building and housing codes;
(11) approve the transfer of a power to the borough from a city;
(12) adopt codes of technical regulations;
(13) provide for licensing, impounding and disposition of animals;
(14) control water pollution;
(15) control air pollution;
(16) designate the borough seat;
(17) provide for the retention or sale of tax-foreclosed property;
(18) 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 A.S. 36.25.025; and
(19) such additional acts of the assembly as provisions of law require to be by ordinance.
(B) This section grants no authority or power not otherwise granted by law, but rather obligates the assembly to use ordinances in exercising certain powers.
(Ord. 04-081, § 29, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)
1.25.020 EMERGENCY ORDINANCES.
(A) To meet a public emergency affecting life, health, welfare or property, the assembly may adopt emergency ordinances; but emergency ordinances may not be used to levy taxes, to grant, renew or extend a franchise, or to regulate the rate charged by any public utility for its services.
(B) Every emergency ordinance shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the claimed emergency in clear and specific terms. Except as indicated, the emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally. An emergency ordinance may be considered and may be adopted with or without amendment or rejected at the meeting at which the emergency ordinance is introduced. The affirmative vote of all the assembly members present, or the affirmative vote of three-fourths of those elected, is required for adoption of the ordinance. After the adoption of an emergency ordinance, the assembly shall print the ordinance as prescribed for other adopted ordinances. An emergency ordinance is effective upon adoption.
(C) Every emergency ordinance, including any amendment made after its adoption, is invalid after the sixty-first day following the date on which the emergency ordinance was adopted.
(Ord. 04-081, § 30, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)
1.25.030 FORM OF ORDINANCE.
(A) To be eligible for introduction, all ordinances shall be in the following form, contain the following elements, and conform to the following requirements:
(1) Header. “By: ______” on the upper right-hand side of the document; “Code Ordinance” or “Non-Code Ordinance” on the upper left-hand side of the document.
(2) Heading. “Matanuska-Susitna Borough.”
(3) Number provision. “Ordinance Serial No.”
(4) Title. A descriptive title, including references to penalties if imposed by ordinance.
(5) Premises or whereas clauses. As may be necessary to describe the reasons for the ordinance.
(6) Enacting clause. “Be it enacted....”
(7) Contents. Section one of the ordinance shall classify the contents of the ordinance as between those of a general and permanent nature, intended to be listed as part of the borough code of ordinances, and contents of a less permanent nature not intended for filing as part of the code. If of a permanent nature, the ordinance shall state: “This ordinance is of a general and permanent nature and shall become a part of the borough code.”
(8) Code ordinances. Where the ordinance is classified as of a permanent nature intended for code filing, subsequent sections shall be numbered consecutively.
(9) Last section of ordinance. The last-numbered section of the code ordinance shall contain language as follows:
“Section ______. Effective Date ___________.
This ordinance shall take effect upon adoption by the Matanuska-Susitna Borough Assembly.”
(10) Date of adoption. Directly above the signatures the following shall appear:
“Adopted by the Matanuska-Susitna Borough this ____ day of ____________, 2____.”
(11) [Repealed by Ord. 04-081, § 31, 2004]
(12) [Repealed by Ord. 04-081, § 31, 2004]
(13) [Repealed by Ord. 04-081, § 31, 2004]
(14) Signature of mayor. An appropriate place shall be provided for the signature of the mayor.
(15) Signature and seal of clerk. Appropriate places shall be provided for “attest” and “seal” by the clerk.
(Ord. 04-081, § 31, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 90-134, § 2, 1990; Ord. 84-34, § 2 (part), 1984)
1.25.040 NON-CODE ORDINANCES.
(A) Ordinances of less than general and permanent nature, and not intended to become a part of the code shall conform to the requirements of MSB 1.25.030.
(Ord. 04-081, § 32, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)
1.25.050 ENACTMENT PROCEDURES.
(A) The following procedure shall govern the enactment of all ordinances, except emergency ordinances:
(1) Introduction. An ordinance may be introduced by any member or committee of the assembly, or by the mayor or manager, at any regular or special meeting of the assembly. Each ordinance shall be assigned a serial number, and shall be introduced in writing in the form required by ordinance. The clerk shall be provided with the original ordinance and shall make and distribute copies to the assembly, mayor, and manager for introduction.
(2) Action. After introduction, an ordinance shall be set for public hearing by the affirmative vote of a majority of the assembly.
(3) Publication. The proposed ordinance shall be published by its title, summarizing the proposed action and with a notice setting out the time and place for public hearing on the ordinance, and the time and place for its consideration by the assembly. A copy of the proposed ordinance shall be available at the clerk’s office.
(4) Hearing. The public hearing shall follow the publication by at least five calendar days. At the hearing, copies of the ordinance shall be distributed to any persons present who request them, or the ordinance shall be read aloud in full. All interested persons present shall have an opportunity to be heard. The hearing shall be only for the purpose of receiving testimony and comments concerning the ordinance. The hearing may be held separately or in connection with a regular or special meeting and may be adjourned as necessary.
(5) Adoption. After the hearing, the assembly shall consider the ordinance and may adopt it with or without amendment, or reject it. The borough clerk shall print and make available copies of the adopted ordinance.
(6) Effective date. Ordinances take effect upon adoption or at a date specified in the ordinance.
(Ord. 04-081, § 33, 2004; Ord. 97-060, § 2, 1997; Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)
1.25.060 FORMAL ACTS BY RESOLUTION.
(A) Formal acts by the assembly not required by law to be enacted by ordinance and not being an act of general and permanent nature which should become a part of the code may be adopted by resolution.
(B) The form of resolution shall include:
(1) heading: “Matanuska-Susitna Borough”;
(2) the space for the serial number to be assigned “Resolution Serial 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 “NOW, THEREFORE, BE IT RESOLVED by the Matanuska-Susitna Borough Assembly”;
(6) provisions for the signature after the text “ADOPTED by the Matanuska-Susitna Borough Assembly this ______ day of _______, 20__.”
(7) an appropriate place shall be provided for the signature of the mayor.
(8) appropriate places shall be provided for “attest” and “seal” by the clerk.
(C) [Repealed by Ord. 94-001AM, § 2 (part), 1994]
(D) Persons wishing to be heard may testify under the audience participation part of the agenda. The assembly may pass or reject the resolution with or without amendments. The first reading of any resolution shall also be the final reading.
(E) Resolutions become effective, subject to the mayor’s veto power, upon adoption or at an effective date as specified in the resolution.
(Ord. 04-081, § 34, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 90-154, § 2, 1991; Ord. 90-134, § 3, 1990; Ord. 84-34, § 2 (part), 1984)