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Article 7: Ordinances and Resolutions

Sec. 1. Council to act by resolution, ordinance or motion.

The council shall act by resolution, ordinance or motion.

In addition to other acts required by law or by specific provision of this charter to be done by ordinance, acts of the council shall be by ordinance if they:

    1. adopt, amend, or repeal any city ordinance or law, or establish, alter, or abolish any city department, office, or agency; 

       

    2. provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;

       

    3. levy taxes; 

       

    4. regulate the rates charged for utility services provided by the city;

       

    5. authorize the borrowing of money;

       

    6. change a property’s zoning district(s).

Sec. 2. Ayes and nays to be recorded.

The ayes and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the record of the proceedings of the council.

Sec. 3. When majority or larger than majority vote required.

A majority vote of all the members of the council shall be necessary to pass any ordinance, resolution or motion except where a larger than majority vote is required by this charter, ordinance, or state or federal law.

Sec. 4. Enacting style.

The enacting clause of all ordinances passed by the council shall be in these words: "Be it ordained by the Council of the City of Scottsdale as follows:".

Sec. 5. Reading or posting and passage of ordinances and resolutions; effective date.

All proposed ordinances shall either be read in full or posted in a public place at least twenty-four (24) hours prior to their adoption, provided that if any amendments are proposed to a posted ordinance such amendments shall be presented and discussed during the public meeting prior to their adoption.

Measures, ordinances or any other referable actions without the emergency clause shall take effect and become operative thirty (30) days after the date of their passage.

Sec. 6. Emergency measures; effective date.

An emergency measure is one necessary for the immediate preservation of the public peace, health or safety, in which the emergency is set forth and defined. Passage of an emergency measure shall require the affirmative vote of at least five (5) members of the council, or such other number of affirmative votes as may be required by law, taken by ayes and nays. An emergency measure shall take effect immediately upon its passage.

Sec. 7. Signing of ordinances and resolutions.

All ordinances and resolutions shall be signed by the mayor and attested by the city clerk.

Sec. 8. Publication of ordinances and resolutions.

All ordinances and resolutions having the effect of law shall be published, as required by state law or ordinance, once within fifteen (15) days of their passage.

Sec. 9. How ordinances are to be revised; reenacted and amended.

Ordinances shall not be revised, reenacted or amended by reference to title only, but the ordinance to be revised or reenacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto, shall be set forth and adopted in the method provided in this charter for the adoption of ordinances.

Sec. 10. How ordinances or resolutions are to be repealed or suspended.

No ordinance or resolution, or section thereof, shall be repealed or suspended except by ordinance or resolution adopted in the manner provided in this charter.

Sec. 11. Ordinances and resolutions to be filed, recorded and certified; ordinances and resolutions as evidence.

All ordinances and resolutions shall be filed and safely kept by the city clerk and duly recorded and certified by him in books for that purpose marked "city ordinances" and "city resolutions" respectively; and record copies thereof certified by the city clerk, or the originals thereof shall be prima facie evidence of the contents of such ordinances or resolutions and of the due passage and publication of the same, and shall be admissible in evidence in any court of this state, or in any proceeding where the contents of such ordinance or resolution, or any of them, is in question; provided, however, that nothing herein contained shall be construed to prevent the proof of passage and publication of any ordinance or resolution in the manner otherwise prescribed by law.

Sec. 12. Procedure for adoption by reference.

The council may enact the provisions of a code or public record by reference in an ordinance, as provided by state law, without setting forth such provisions, but the adopting ordinance shall be published in full. Copy(s) of the code or public record shall be filed in the office of the city clerk and kept available for public use and inspection, as provided by state law. A code or public record enacted by reference may be amended in the same manner.

 

No penalty clause shall be enacted by reference thereto. A penalty clause contained in a code or public record adopted by reference shall be set forth in full in the adopting ordinance.

Sec. 13. Codification of ordinances.

Any or all ordinances of the city which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of any ordinance for such purpose. Such code need not be published in the manner required for other ordinances but one (1) copy shall be filed for use and examination by the public in the office of the city clerk prior to adoption.

 

Ordinances codified shall be repealed as of the effective date of the code amendments. Amendments to the code shall be enacted in the same manner as ordinances.