City Council Study Session Agenda and Packet 2019 11 12

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publish all ordinances by title only rather than by publishing the ordinance in full.137 This action tends to save the town or city publishing expenses and is being utilized more and more frequently, especially considering the ease with which municipalities are able to "publish" the text of ordinances at no expense on town and city websites. Effective date. In general, no ordinance may take effect before 30 days after its final passage and publication.131 However, if an ordinance calls for a special election, or is declared necessary for the immediate preservation of the public health or safety and includes the reasons for the necessity in a separate section, it may take effect immediately after adoption by an affirmative vote of three -fourths of the governing body.131 This latter type of ordinance is often referred to as an "emergency" ordinance. If an ordinance has been adopted pursuant to § 31-4-102(3) (in statutory cities) or § 31-4-302 (in statutory towns) where the mayor has been granted veto power, subsequent ordinances only can take effect after compliance with the provisions for the mayor's approval.140 Finally, if a valid referendum petition is filed with the clerk within 30 days after publication of a nonemergency ordinance, the ordinance's date of effect will be suspended immediately pending repeal by the governing body or a vote by the electors of the municipality.141 Required number of votes for ordinance passage. Except for emergency ordinances, and ordinances for the appropriation of money and the award of contracts, all other ordinances only require the approval of a majority of a quorum of the members of the governing body present and voting at valid meetings where a quorum is present. 142 Emergency ordinances and ordinances that call for a special election require approval by three -fourths of all the members elected to the governing body.143 Ordinances, resolutions, and orders for the appropriation of money or the award of contracts require the concurrence of the majority of the total number of all board or council members.144 In municipalities that have a mayoral veto power, any ordinance passed over the veto of the mayor must receive approval of two-thirds of the members of the governing body before it becomes Iaw.148 ADOPTION OF CODES BY REFERENCE Basic requirements. In Colorado, municipalities may adopt existing published codes "by reference"141 (that is, without full publication) by adopting an ordinance. Codes that are eligible for adoption by reference are "any published compilation of statutes, ordinances, rules, regulations or standards adopted by the federal government or the State of Colorado, by an agency of either of them, or by any municipality or other political subdivision in this state.11147 In most instances, the code to be adopted may be altered by the municipality in the process by adding or excluding specific provisions to meet the municipality's particular needs. However, all changes and additions to any code to be adopted must be published in the same manner that is required for ordinances, except that clerical, organizational, and other changes to the proposed code that are not substantive in nature do not have to be published.141 Further, all penalty provisions must be set forth in full and published in the adopting ordinance.141 One common arena in which this procedure commonly is used is in connection with the adoption of detailed and common regulatory codes such as building codes, fire codes, electrical and plumbing codes, and traffic codes. Another common use of this procedure is in the adoption of the codification of a municipality's ordinances.110 137 C.R.S. § 31-16-105. 138 C.R.S. § 31-16-105. 139 C.R.S. § 31-11-105(1). 140 C.R.S. § 31-16-104. 141 C.R.S. § 31-11-105(3). 142 C.R.S. § 31-16-103. 143 C.R.S. § 31-11-105(1). 144 C.R.S. §§ 31-16-103, 108. 145 C.R.S. § 31-16-104. 146 See C.R.S. §§ 31-16-201 et seq. 147 C.R.S. § 31-16-201(2). 148 C.R.S. § 31-16-204. 149 C.R.S. § 31-16-204. 150 See C.R.S. § 31-16-201(2). Heather Balser / City of Louisville Order #4zzov CQr�rLMM Xb&� UNICIPAL LEAGUE 17 opyright by C