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PROPER WAYS TO PASS ORDINANCES AND
RESOLUTIONS Ordinances and Resolutions
A city or town council can take official
action in two ways: it can pass a resolution and/or ordinance. Both
actions play important roles in their own respective ways and they share
certain similarities. However, there are distinctions between the two, and
it is important to know the differences.
Resolutions
A resolution is an expression of the will of
the council. Resolutions are used to state the council's opinion on
various matters — for example, supporting or opposing legislation pending
at the State Capitol. Resolutions usually affect items of a temporary or
administrative nature, such as letting contracts, approving large
purchases or entering into agreements with other governmental units. A
resolution is the official expression of the council and may be adopted by
the council at one reading. Ordinances
An ordinance is a local law that usually
regulates persons or property and usually relates to a matter of a general
and permanent nature. An ordinance is more formal and authoritative than a
resolution. Therefore, we recommend the approval of your city attorney of
the legal structure and content of pro-posed city ordinances. An ordinance
should not conflict with federal or state law. It should also be in
harmony with applicable court decisions. Six (6) rules to remember about
passing an ordinance.
- Ordinances must be reasonable.
- They must not be oppressive.
- They must not be discriminating or
partial.
- They must not unduly restrain lawful
trade.
- They must not violate civil rights.
- They must not be ambiguous.
The passage of an ordinance typically
involves three (3) steps. The first step is the introduction of the
proposed ordinance at a council meeting. The second step is the city
clerk's or city attorney's reading the ordinance, then allowing the
person(s) proposing it to explain it. Third, the council debates the
ordinance and either defeats, postpones, refers it to a committee for
study or approves it. It is then signed by the mayor and attested to by
the city clerk. Remember that
all ordinances must be read fully and distinctly on three different days
(usually three different meetings), unless two-thirds of the members of
the council shall suspend the rule (Hdbk. 14-55-202). Please note,
however, that an emergency clause requires a separate and distinct vote
of the council and is valid only if there is a two-thirds vote of
approval by the council (Hdbk. Const. Amend. 7).
Without the adoption of the emergency
clause, municipal ordinances generally become effective 30 to 90 days
after their passage (Hdbk. 14-55-203). All ordinances must be published
in a newspaper of general circulation in those municipalities where a
newspaper is published. However, the law provides that in municipalities
where no newspaper is published, written or printed notice posted in
five (5) of the most public places (designated by ordinance or minutes)
shall be sufficient publication of any law or ordinance (Hdbk.
14-55-206). Additional and
more detailed information about resolutions and ordinances may be
obtained from the Handbook, Title 14, Chapter 55, Subchapters 1-7. |
Clintons
Classification Information
The Duties of
Mayor
The Duties of
Aldermen/Council Members
The Duties of
Recorder/Treasurer
City and Town
Council Rules of Procedure and Different Types of Meetings
Proper Ways to
Pass Ordinances and Resolutions
Personnel
Budgeting and
Finances
The Freedom of
Information Act
Complete Guidebook for Municipal
Officials, Handbook for Arkansas Municipal Officials, Procedural Rules for
Municipal Officials and the Handbook for Arkansas Municipal Clerks,
Recorders and Treasures are available in the City Clerk's office for you
convenience.
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