City Council Study Session Agenda and Packet 2019 11 12

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5. The governing body may then take any of the following actions: Approve the proposed ordinance (which may be done by voice vote, provided the votes are recorded) following any desired debate. For an ordinance requiring two readings, the body must then set the time for the second reading). b. Refer the proposed ordinance to an official or a committee for study and recommendation. c. Defeat the proposed ordinance. 6. If approved, the ordinance must be recorded in a book "kept for that purpose," and the ordinance must be published in a newspaper of general circulation. If, and only if, no newspaper of such general circulation exists within the municipality, the ordinance may instead be posted in three public places.12' 7. Finally, to become effective, an ordinance must have been properly published: a. For towns, unless of a type specifically regulated differently,126 ordinances require only one reading and become effective 30 days after publication.121 b. For cities, two readings of each ordinance are required. The ordinance must be published once in full after the first reading and at least 10 days before the second reading. After second reading, the ordinance must be republished, but such republication may be limited to merely the title and amendments made since first reading. For cities, ordinances become effective 30 days after the second publication.131 Mayor's veto or approval. In general, a mayor does not have the power to veto an ordinance except under certain limited circumstances. A city or town may provide by ordinance that the mayor shall not be entitled to vote on any matter before the council, except in the case of a tie vote.13' However, if such an ordinance is adopted, it shall also provide that any ordinance adopted and all resolutions authorizing the expenditure of money or the entering into of a contract shall be subject to disapproval by the mayor.132 Where a municipality has adopted a nonvoting mayoral veto system, an ordinance passed by the council for the expenditure of money or the award of a contract must be presented to the mayor within 48 hours for his or her signature. If the mayor disapproved the ordinance, the mayor may return it to the governing body at its next regular meeting, together with his or her objections in writing. These objections must be recorded in the minutes of the meeting. The members may then vote whether to pass the ordinance over the mayor's veto. If two-thirds of all the members elected to the governing body vote to pass the ordinance notwithstanding the mayor's objections, the ordinance then becomes law. If the mayor fails to return the ordinance to the next meeting of the governing body it shall become a valid ordinance as if he or she had approved it.133 Publication. Whenever an ordinance is adopted, it must be recorded in a book kept for that purpose and authenticated by the presiding officer of the governing body and the clerk.134 All ordinances of a general or permanent nature, and those imposing any fine, penalty, or forfeiture, must be published in a newspaper published within the municipality or, if there is none, in a newspaper of general circulation within the municipality. If there is no newspaper published or that has general circulation within the limits of the municipality, the governing body may, by resolution, direct that copies of the ordinance be posted in at least three public places within the municipality to be designated by them.131 In statutory cities, if the initial publication following an ordinance's introduction was in a newspaper, then the requirement of subsequent publication after adoption may be met by publishing only the title if in the same newspaper and containing the date of the initial publication. However, any section, subsection, or paragraph that was amended after the initial publication must be reprinted in fu11.136 Also, electors of any municipality may vote to 127 C.R.S. § 31-16-105. 128 See, e.g., C.R.S §§ 31-16-201 et seq. (adopting codes by reference); C.R.S. § 31-32-103 (granting franchises). 129 C.R.S. § 31-16-105. 130 C.R.S. §§ 31-16-105, 106. 131 C.R.S. § 31-14-102; C.R.S. § 31-4-302. 132 C.R.S. § 31-14-102; C.R.S. § 31-4-302. 133 C.R.S. § 31-16-104. 134 C.R.S. § 31-16-105. 135 C.R.S. § 31-16-105. 136 C.R.S. § 31-16-106. Heather Balser / City of Louisville Order#er Date: 10/3 vzol9 Copyright byby CM COLORADO MUNCIPAL GOVERNMENT. AN INTRODUCTION CopC