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CHAPTER VI LEGISLATION
Section 6.1 Prior City Legislation.
Section 6.2 Council Acts.
Section 6.3 Voting.
Section 6.4 Action by Ordinance Required.
Section 6.5 Form of Ordinance--Effective Date.
Section 6.6 Procedure for Passage of Ordinances.
Section 6.7 Veto by Mayor.
Section 6.8 Emergency Ordinances.
Section 6.9 Publication of Ordinances.
Section 6.10 Codification.
Section 6.11 Codes Published by Reference.
Section 6.12 Disposition of Ordinances.
Section 6.1 Prior City Legislation.
(a) All by-laws, ordinances, resolutions, rules and regulations of the City
which are not inconsistent with this Charter and which are in force and effect
on the effective date of this Charter shall continue in full force and effect
after the effective date of this Charter until repealed or amended.
(b) If any such by-law, ordinance, resolution, rule or regulation provides
for the appointment of any officers or any members of any board or commission by
the Mayor, such officers or members of any board or commission shall, after the
effective date of this Charter, be appointed by the Council, except as otherwise
provided in this Charter.
(c) Those provisions of any effective valid by-law, ordinance, resolution,
rule or regulation which are inconsistent with this Charter are hereby
repealed.
Section 6.2 Council Acts.
Council shall act only by ordinance, resolution or motion. All legislative
enactments must be in the form of ordinances; all other actions, except as
herein provided, may be in the form of resolutions or motions. All ordinances
and resolutions shall be confined to one subject except in case of repealing
ordinances, and ordinances making appropriations shall be confined to the
subject of appropriations.
Section 6.3 Voting.
A vote by 'Yes' or 'No' shall be taken upon the passage of all ordinances,
resolutions and motions and entered upon the records, except that where the vote
is unanimous it shall only be necessary to state that the vote was unanimous.
Every ordinance shall require the affirmative vote of the majority of the
membership of the entire Council for final passage and, pursuant to Section 4.4
the Mayor shall vote on ordinances in case of a tie vote. Resolutions and
motions shall require the affirmative vote of a majority of the members present
for passage. Every member, when present, must vote upon ordinances, resolutions
and motions, except he shall be excused from voting on matters involving the
consideration of his own official conduct or when his personal or financial
interest is involved. For every member excused from voting, the quorum and
total membership of Council shall be reduced by one for the purpose of action on
each and every ordinance, resolution and motion. (Amendment passed 11/2/76;
Amendment passed 11/2/04).
Section 6.4 Action by Ordinance Required.
In addition to such acts of the Council as are required by other
provisions of this charter to be by ordinance, every act making an
appropriation, creating an indebtedness, authorizing borrowing of money, levying
a tax, establishing any rule or regulation for the violation of which a penalty
is imposed, or placing any burden upon or limiting the use of private property,
shall be by ordinance; provided, however, that this section shall not apply to
the adoption of the budget and levying of an ad valorem tax, as provided in this
Charter.
Section 6.5 Form of Ordinance--Effective Date.
All ordinances shall be introduced in written or printed form and no
ordinance or section thereof shall be amended or repealed except by an ordinance
regularly adopted. The enacting clause of all ordinances shall be “Be it
ordained by the City Council of the City of Broomfield, Colorado.” With
the exception of emergency ordinances, the effective date of all ordinances
shall be seven days after public notice following final passage unless a later
date is prescribed in the ordinance, or it is vetoed by the mayor as provided in
Section 6.7 of this charter.
Section 6.6 Procedure for Passage of Ordinances.
Except for emergency ordinances, ordinances making general codification
of existing ordinances, and ordinances adopting standard codes, the following
procedure for enactment of ordinances shall be followed:
(a) The ordinance shall be introduced at any regular or special meeting
of the Council by any member thereof.
(b) The ordinance shall be read in full, or in cases where copies of the
ordinance are available to the Council and to those persons in attendance at
said Council meetings, said ordinance may be read by title only.
(c) After the first reading of the ordinance, the same shall be approved
or rejected by a vote of the Council.
(d) If the ordinance is approved on first reading, it shall be published
in full unless otherwise provided herein. The Council shall set a day, hour and
place at which Council shall hold a public hearing on the ordinance and notice
of said day, hour and place shall be included in the first publication.
(e) The ordinance shall be introduced at Council a second time, at a
meeting not earlier than seven days after first publication for final approval,
rejection, or other action as may be taken by vote of the Council. This meeting
may be the same meeting at which the public hearing on the ordinance is held.
The ordinance may be amended before final approval by vote of the Council.
(f) Except as otherwise provided in this Charter, an ordinance, if
amended in substance, shall be published in full after final passage, but if not
amended in substance, it shall be published either by title or in full as the
Council may determine.
(g) Whenever an ordinance shall be published by reference or by title,
the publication shall contain a summary of the subject matter of said ordinance
and shall contain a notice to the public that copies of the proposed ordinance
are available at the office of the City Clerk. The publication of any ordinance
by reference or by title as provided herein must set forth in full any penalty
clause contained in said ordinance.
Section 6.7 Veto by Mayor.
The Mayor shall have the power to veto any ordinance passed by Council
subject to the following:
(a) The Mayor must veto the ordinance passed by Council and must
exercise the power of veto with a complete written explanation of the reasons
thereof addressed and delivered to each Council member not later than seven (7)
days from the date of its final passage.
(b) The Mayor's veto may be overridden only by an affirmative vote of
two-thirds (2/3) membership of the entire Council at the next regular Council
meeting following the veto.
(c) If the Mayor does not exercise the veto power, ordinances shall take
effect as provided elsewhere in this Charter.
Section 6.8 Emergency Ordinances.
(a) An ordinance which is declared therein to be an emergency ordinance
and which is immediately necessary for the preservation of the public peace,
health, safety or welfare may be enacted at the regular or special meeting at
which it is introduced by unanimous minus one vote of councilmembers present and
without any requirement of publication and without any requirement of a second
reading and passage. The purpose of the emergency must be clearly stated in the
ordinance. Such emergency ordinances, after passage, shall take effect eight
days therefrom, but shall for information purposes, be published as required in
this Charter for ordinances after final passage.
(b) No ordinance granting any special privilege, levying taxes,
incurring indebtedness, authorizing borrowing money or fixing rates charged by
any City-owned utility shall ever be passed as an emergency measure, except as
provided by Section 12.10(b), Emergency Appropriations, and Section 14.2,
Short-Term Notes.
(c) The Mayor shall not have veto power on an emergency ordinance.
(Amendment passed 6/2/76).
Section 6.9 Publication of Ordinances.
Pursuant to requirements for publication of ordinances as provided
elsewhere in this Charter, said ordinances shall be published in a newspaper of
general circulation in the City.
Section 6.10 Codification.
The Council shall cause the ordinances to be codified and maintained
thereafter in current form. Revisions to the codes may be accomplished by
reference as provided in this Charter.
Section 6.11 Codes Published by Reference.
Standard codes, promulgated by the Federal Government, the State of
Colorado, or by an agency of either of them, or by any municipality within the
State of Colorado, or by recognized trade or professional organizations, or
amendments or revisions thereof, may be adopted by reference; provided the
publication of the ordinance adopting any said code shall advise that copies
thereof are available for inspection at the office of the City Clerk, and
provided that any penalty clause in said codes may be adopted only if set forth
in full and published in the adopting ordinance.
Section 6.12 Disposition of Ordinances.
A true copy of every ordinance, as adopted by Council, shall be numbered
and recorded in the official records of the City. Its adoption and publication
shall be authenticated by the signature of the Mayor, or Mayor Pro-Tem, and the
City Clerk, and by the certificate of publication. A true copy of every
ordinance, as adopted by the vote of the electors of the City, shall be
separately numbered and recorded commencing with “Peoples' Ordinance No.
1.” But the failure to so file and authenticate such ordinance shall not
invalidate it or suspend its operation.
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