City Council Study Session Agenda and Packet 2019 11 12

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Another general rule is that a legislative body may not use ordinances to wholly delegate its legislative power to administrative officials or employees. At the same time, municipal governing bodies may by ordinance establish specific standards of conduct or policy that lower administrators or employees must follow in performing their duties, such as issuing certain business licenses and building permits, including the authority to establish the details and procedures by which such authority is to be exercised.12' Indeed, providing guidelines and delegating some specific, specialized administrative duties often will help the governing body in managing its responsibilities and in defending the propriety of any delegations of power it may choose to make. Finally, any ordinance must be written clearly so the intent of the governing body is discernible. Any ambiguous or vague ordinance might be declared void if challenged in court. In this regard, definitions may be essential whenever a word in an ordinance is intended to mean something other than its usual meaning, when it may be arguably ambiguous, or different meanings can be ascribed to a single word or phrase. Additionally, state statutes applicable to specific types of ordinances or realms of subject matter should be reviewed to determine whether any specific requirements for adoption of specific kinds of ordinances exist.1 ' Proper form. There are a number of statutory requirements regarding the form and procedures for adopting a valid ordinance. The ordinance should begin with the title that briefly expresses the scope and nature of the particular ordinance. An "enacting clause," must follow the title. It must read, "Be it ordained by the city council or board of trustees of ... "1" The body of the ordinance then will contain the substantive provisions of the ordinance itself. If the governing body deems it necessary that the ordinance take effect after passage rather than after 30 days, it must include an "emergency clause" declaring that the ordinance "is necessary to the immediate preservation of the public health or safety," and containing the reasons why it feels that this is true. Such a declaration also will have the effect of preventing the ordinance from being repealed by referendum. Following the body or the safety provisions, ordinances may include a severability clause that provides that if one or more of the provisions of the ordinance are declared void for some reason by a court, all other provisions remain effective. After being drafted and passed, the mayor and the clerk authenticate the ordinance by signing it and the municipal seal is placed upon it. Municipalities often use model ordinances or adopt ordinances that originated in another municipality. When doing so, governing bodies should be especially careful in using ordinances enacted by municipalities in other states, since procedural and substantive legal requirements, and relevant state statutes may be different. Whatever the source of the ordinance, the municipal attorney should review proposed ordinances for legal sufficiency and potential conflict before they are enacted. Procedure for adoption. Generally, municipalities adopt ordinances using the following procedures that are based upon pertinent statutes and commonly accepted practices. Special procedures may be set forth in the statutes for adopting certain types of ordinances. When in doubt, the League suggests elected officials consult a municipal attorney. 1. The municipal attorney should write or review the ordinance, based on official's descriptions of what they would like to see it accomplish. 2. The governing body will place the ordinance on the agenda of its next regular or (if necessary) special meeting. 3. At the meeting, a member of the governing body will introduce the proposed ordinance. 4. The municipal clerk will read the title of the ordinance if a written copy has been provided to each member of the governing body; and, if no written copies have been provided, the entire ordinance must be read.126 123 See generally, McQuillin, Mun. Corp. § 12.67 (3d ed. 1996). 124 E.g., requirements for public hearings in the case of zoning ordinances and rezoning. 125 C.R.S. § 31-16-102. 126 While this procedure is required for statutory cities, it is merely recommended for statutory towns. C.R.S. § 31-16-106; Town of Wray v. Grant, 111 P. 69 (Colo. 1910). Heather Balser / City of Louisville Order #azzov CQr�rLNN Xb&� UNICIPAL LEAGUE 15 opyright by C