Chapter 2.07
LEGISLATION*

Sections:

2.07.005    Forms of legislation.

2.07.007    Council-initiated legislation requests.

2.07.010    Ordinance format.

2.07.020    Ordinance enactment procedures.

2.07.030    Noncode ordinances.

2.07.040    Emergency ordinances.

2.07.050    Resolution format and passage procedure.

2.07.060    Codes of technical regulations.

2.07.070    Codification.

2.07.080    Revisor of ordinances.

*    For Charter provisions on legislation, see Charter Ch. 4.

2.07.005 Forms of legislation.

The council shall act only by ordinance, resolution or order. All ordinances, resolutions, orders and motions shall be confined to one subject. Laws of a general, uniform and permanent nature shall be reduced to ordinance; laws of a more temporary or special character shall be reduced to resolution. When the council expresses anything by way of command, the form of expression shall be “ordered”; when it expresses opinions, principles, facts or propositions, the form shall be “resolved.” (Ord. 648 § 6, 2005)

2.07.007 Council-initiated legislation requests.

At a regular meeting, two council members may direct the city attorney, the manager or the clerk to prepare legislation, as described in PMC 2.07.005, for action at a subsequent meeting; provided, however, the majority of the council may vote to override the direction. The direction and motion to override may occur even though neither is on the agenda. (Ord. 07-020 § 4, 2007; Ord. 06-008 § 3, 2006)

2.07.010 Ordinance format.

To be eligible for introduction, all ordinances shall be in a form to be determined by the clerk. Each ordinance must contain the following elements:

A. Header. “Introduced by:,” “date:,” “public hearing:,” “action:,” and “vote:” on the upper right-hand side of the document.

B. Heading. “City of Palmer, Alaska.”

C. Number Provision. “Ordinance No. __.”

D. Title. A descriptive title, including references to penalties if imposed by ordinance.

E. Premise or Whereas Clauses. As may be necessary to describe the reasons for the ordinance.

F. Enacting Clause. “The City of Palmer ordains....”

G. 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 Palmer Municipal Code, 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 shall be permanent in nature and shall be incorporated into the Palmer Municipal Code.”

H. Last Section of Ordinance. The last-numbered section of the code ordinance shall contain language as follows: “Section ____. Effective Date. Ordinance No. _______ shall take effect upon adoption by the City of Palmer City Council. Passed/failed and approved/not approved this ______ date of _________, _____.

I. Signature of Mayor. An appropriate place shall be provided for the signature of the mayor.

J. Signature and Seal of Clerk. Appropriate places shall be provided for “attest” and “seal” by the clerk.

K. Amendment Format. Amendments to an existing ordinance or code provisions shall be shown by underlining material which is added and by striking material which is deleted. (Ord. 648 § 6, 2005)

2.07.020 Ordinance enactment procedures.

The following procedure shall govern the enactment of all ordinances, except emergency ordinances:

A. Introduction. An ordinance may be introduced by two council members, the mayor or manager at any regular or special meeting of the council. Each ordinance shall be assigned a serial number by the clerk. The ordinance shall be set for public hearing by the affirmative vote of a majority of the council.

B. Publication. The proposed ordinance shall be published by title, with a brief summary and with a notice setting out the date, time and place for public hearing on the ordinance. Copies of the proposed ordinance shall be made available to the public at the meeting and at the clerk’s office.

C. 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 the 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.

D. Adoption. After the hearing, the council shall consider the ordinance and may adopt it with or without amendment, or reject it. The clerk shall print and make available copies of the adopted ordinance.

E. Effective Date. Ordinances take effect upon adoption or at a later date specified in the ordinance. (Ord. 06-008 § 4, 2006; Ord. 648 § 6, 2005)

2.07.030 Noncode 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 PMC 2.07.010.

B. Section one of the ordinance shall classify the contents as noncode. Subsequent sections shall contain the appropriate text. (Ord. 648 § 6, 2005)

2.07.040 Emergency ordinances.

A. To meet a public emergency the council may adopt emergency ordinances that become effective upon the same date as introduction. Every emergency ordinance must contain a finding by the council 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 membership, whichever is less, is required for adoption. Copies of adopted emergency ordinances must be available to the public at the meeting or the clerk’s office.

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. Emergency ordinances are effective for a period of 60 days. (Ord. 648 § 6, 2005)

2.07.050 Resolution format and passage procedure.

A. Formal acts by the council 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. A resolution may be introduced by any council member, including the mayor, or the city manager.

B. The form of resolution shall include:

1. Header. “Introduced by:,” “date:,” “action:,” and “vote:” on the upper right-hand corner of the document.

2. Heading. “City of Palmer, Alaska.”

3. Number Provision. “Resolution No. ___.”

4. Title. A short and concise title descriptive of its subject and purpose.

5. Premise or Whereas Clause. Short premise or whereas clauses descriptive of the reasons for the resolution, if necessary.

6. The Resolving Clause. “NOW, THEREFORE, BE IT RESOLVED by the Palmer City Council.”

7. Last Section of Ordinance. “ADOPTED by the Palmer City Council this ___ day of _____, _____.”

8. Signature by Mayor. An appropriate place shall be provided for the signature of the mayor.

9. Signature by Clerk. Appropriate places shall be provided for “attest” and “seal” by the clerk.

C. All persons who appear shall be given an opportunity to be heard. After such opportunity the council may pass or reject the resolution with or without amendments. The first reading of any resolution shall also be the final reading.

D. Resolutions take effect upon adoption or at a later effective date as specified in the resolution. (Ord. 648 § 6, 2005)

2.07.060 Codes of technical regulations.

A. The council may adopt any standard published code of technical regulations in a single ordinance which shall be governed, except as otherwise provided in this section, by the procedure and requirements prescribed for ordinances generally. Upon introduction of the ordinance, the council shall make available at least one copy for public inspection for 15 calendar days before adoption;

B. The procedures in this section shall govern the adoption of the ordinance;

C. The council shall provide for an adopted code of regulations to be made available to the public at no more than cost. (Ord. 648 § 6, 2005)

2.07.070 Codification.

A. Each ordinance shall be codified after it is adopted, by being assigned a serial number or other permanent identifying number, together with the date of adoption and the designation of the adopting authority, and entered by the clerk into an indexed system maintained to organize and record the ordinances.

B. The clerk, with the advice and assistance of the attorney, shall revise and republish the city code at least every five years unless the code is kept current by regular supplements.

C. The clerk, with advice and assistance of the attorney, shall cause each ordinance having the force and effect of the law to be printed as promptly as possible following its adoption. The printed ordinances shall be sold to the public at no more than cost. (Ord. 648 § 6, 2005)

2.07.080 Revisor of ordinances.

A. The clerk, with the advice of the attorney, is the revisor of ordinances and shall revise for consolidation into the city code all ordinances of a general and permanent nature.

B. The revisor shall edit and revise the ordinances for consolidation, without changing the meaning of any ordinance, in the following manner:

1. Assign numbers to sections, renumber sections, parts of sections, articles, chapters and titles;

2. Change the wording of section or subsection titles, or delete subsection titles, and change or provide new titles for articles, chapters and titles;

3. Change capitalization for the purpose of uniformity;

4. Substitute the proper designation for the terms “the preceding section,” “this act,” and like terms;

5. Substitute the proper calendar date for “effective date of this ordinance,” “date of passage of this ordinance,” and other phrases of similar import;

6. Strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity;

7. Correct manifest errors which are clerical, typographical, or errors in spelling, or errors by way of additions or omissions;

8. Correct manifest errors in references to ordinances;

9. Rearrange sections, combine sections or parts of sections with other sections or parts of sections, divide long sections into two or more sections, and rearrange the order of sections to conform to a logical arrangement of subject matter as may most generally be followed in the code;

10. Change all sections when possible to read in the present tense, indicative mood, active voice and, if the use of personal pronouns cannot be avoided in a section, change the section to read in the third person, and singular number, or any other necessary grammatical change in the manner generally followed in the code;

11. Delete or change sections or parts of sections if a deletion or change is necessary because of other council amendments which did not specifically amend or repeal them;

12. Omit all temporary ordinances, all titles to ordinances, all enacting, amending and repealing clauses, all declarations of emergency, and all purpose, validity, whereas and construction clauses unless, from their nature, it may be necessary to retain some of them to preserve the full meaning and intent of the ordinance.

C. The revisor shall edit and revise the ordinances as they are enacted by the council, without changing the meaning of any law, so as to avoid the use of pronouns denoting masculine or feminine gender.

D. Any changes made by the revisor of ordinances pursuant to subsection (B)(11) of this section shall be reported to the council in an informational memorandum. (Ord. 648 § 6, 2005)