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.

1. Ordinances must be reasonable.
2. They must not be oppressive.
3. They must not be discriminating or partial.
4. They must not unduly restrain lawful trade.
5. They must not violate civil rights.
6. 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.