City Council Study Session Agenda and Packet 2019 11 12

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document file that can be placed online. In this way, for both citizens and other interested parties, codification of local laws helps simplify the complex research that otherwise would be necessary just to know what the law is. Good municipal codes should be organized carefully and indexed thoroughly. Care should be exercised in both determining the format of the code and in selecting the party responsible for preparing and maintaining it. Resolutions. Resolutions are legislative enactments that lack the formal requirements mandated for ordinances. Generally, while ordinances are used to enact laws of a general and permanent nature, resolutions are used to accomplish acts of a comparatively temporary or transient character. Resolutions may suffice for administrative or executive matters (such as setting annual fine schedules or evidencing official approval of contracts and purchases), or for statements of general policy. In Colorado, state statutes do not provide any requirements for the form or procedure for enactment of resolutions; therefore, no title or number is required for their passage nor must they be published unless, in a home rule municipality, the charter or ordinances provide otherwise. However, because resolutions are still official actions of the governing body, they only may be adopted by a majority of those voting at regular or special meetings at which a quorum is present. It is customary, but not required, for the mayor to sign all resolutions, and unlikely that a mayor would veto any resolutions. Legal counsel should be consulted whenever there is a question concerning whether to accomplish a specific desired act by ordinance or resolution. Motions. Motions are required to bring any matter before the governing body for a vote — including ordinances and resolutions. However, in cases in which the formality of neither an ordinance nor a resolution is needed, a motion approved by the governing body and duly recorded in the minutes of the meeting may serve certain purposes. Examples of purposes that may be accomplished by motion include the approval of meeting minutes, the award of contracts, and the approval of applications for licenses and permits. While ordinances and resolutions are customarily presented in writing, motions are usually not. Votes on motions should be recorded as part of the official minutes of the governing body's meeting. Proclamations. Proclamations may be issued by the governing body, and by the mayor when authorized by ordinance. They frequently are used to express support or opposition in regard to various community events or issues, or to recognize special accomplishments of its citizens. Often, proclamations are used to increase community awareness of certain topics for a specified period of time. Thus, it is common for proclamations to be issued that relate to such matters as fire -prevention month, clean-up week, harvest -festival week, and other similar occasions. Proclamations have no legal effect, but rather they convey the governing body's "thoughts" to the community in regard to matters in which the public may be interested but not requiring official action by the governing body. ORDINANCE PROCEDURES AND REQUIREMENTS Requirements for valid ordinances. An ordinance may be ruled invalid because its subject matter is in conflict with the state or federal constitution, or because it attempts to exercise powers not authorized by the state legislature or is in conflict with state statute. Additionally, all ordinances must be reasonable, fair and impartial, and not arbitrary or oppressive.121 Whether an ordinance is reasonable is ultimately a matter to be resolved by the courts. However, the courts have held that governing bodies are presumed to be acting in good faith when they enact ordinances. The burden of proving an ordinance unreasonable will rest with the person challenging the ordinance, and not the municipality.122 Of course, no ordinance may contain a provision that violates the United States or Colorado constitutions. The Fourteenth Amendment of the United States Constitution places two fundamental restrictions on the lawmaking powers of states and their local governments. First, the due process clause requires the substance of all ordinances to be "rational." Second, the Equal Protection clause prohibits laws that arbitrarily treat against one or more groups of people differently than others. Depending on the group, the municipality may be required to meet increasingly higher standards of scrutiny, particularly if the ordinances touches up the rights of a "protected class" (such as race, religion, or gender) or attempts to regulate a fundamental right (such as voting). Municipal governments are strongly encouraged to consult their attorneys when there is any suggestion that a proposed ordinance might affect constitutionally protected rights. 121 See, e.g., Moffit v. City of Pueblo, 133 P. 754, 755 (Colo. 1913). 122 Colo. Postal Tel. Co. v. City of Colorado Springs, 158 P. 816, 818 (Colo. 1916). Heather Balser / City of Louisville OrdCopyright by r er Date: ]ois vzol9 COLORADO MUNCIPAL GOVERNMENT. AN INTRODUCTION Copyright by Ci�