ORD 2020-07 Adopted 0 0
ORDINANCE NO. 2020-07
ORDINANCE TO AMEND SECTION 2-33, ENTITLED ORDINANCES,
RESOLUTIONS, MOTIONS AND CONTRACTS—PROCEDURE
WHEREAS, Section 2-33 provides the procedure for preparing Ordinances
and Resolutions for presentment to Mayor and City Council; and,
WHEREAS, the procedure as set forth in the existing Ordinance has been in
effect,with virtually no change since at least 1956; and,
WHEREAS, since that time the operation of City Government has had some
changes,to include the establishing of the position of City Administrator; and,
WHEREAS, There have also been changes made in State Law that have
impact on the manner in which Council operates; and,
WHEREAS, Council has determined that it would be appropriate and in the
best interest of the citizens that such procedure be updated.
NOW,THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the City of North Augusta, South Carolina, in meeting duly assembled and by the authority
thereof,that:
I. Section 2-33, entitled ORDINANCES, RESOLUTIONS, MOTIONS
AND CONTRACTS-PROCEDURE is hereby amended by deleting the
entire section as currently drawn and inserting in its place the following,
so that such Ordinance, when revised,would read as follows:
(A)PREPARATION OF ORDINANCES
All Ordinances shall be prepared by or under the supervision of the
City Attorney. No Ordinance shall be prepared for presentation to
Council unless requested in writing by the Mayor or the City
Administrator or a minimum of two(2)Council members or prepared
by the City Attorney on such attorney's own initiative.
(B)PRIOR REVIEW BY ADMINISTRATIVE STAFF
All Ordinances, Resolutions and Contract documents shall, before
presentation to the Council have been approved as to form and legality
by the City Attorney or such attorneys authorized representative, and
shall have been examined and approved by the City Administrator.
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All such instruments shall also have been referred to the head of the
department under whose jurisdiction the administration of the subject
matter of the Ordinance, Resolution or Contract document would
devolve.If such department head objects to the document,notification
of such objection shall be provided, in writing to the City
Administrator. As a result of such objection,the City Administrator
can direct that the Ordinance, Resolution etc. be redrafted to satisfy
the objection of the department head or present the document as
initially prepared. If any Ordinance, Resolution, Contract or other
document to be presented to Council is objected to by a department
head, Council shall be provided with the written objection of such
department head.
(C)INTRODUCING FOR PASSAGE OR APPROVAL
1. Every proposed Ordinance shall be introduced in writing and
in the form required for final adoption
2. All Ordinances shall have two (2)separate readings.
3. No Ordinance shall have the force of law until it shall have
been read two (2)times on two (2) separate days with at least
six (6)days between each reading.
4. No Ordinance shall relate to more than one (1) subject, what
shall be clearly expressed in its title and no Ordinance, or
section thereof, shall be amended or repealed unless the new
Ordinance contains the title of the Ordinance or section
amended or repealed, and when practicable all Ordinances
shall be introduced as amendments to existing Ordinances or
sections thereof; provided, however, this section shall not
prevent the adoption by Ordinance of a Code of Ordinances or
other Code by reference, without enumerating the detailed
subjects and the title.
(D) EMERGENCY LEGISLATION
Notwithstanding any provision of Subsections (A), (B) or (C) of this
section to the contrary, to meet public emergences affecting life health
safety or the property of the people, Council may adopt emergency
Ordinances; But such Ordinances shall not levy taxes, grant, renew or
extend a franchise or impose or charge a service rate. Every emergency
Ordinance shall be enacted by the affirmative vote of at least two-thirds
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(2/3) of the members of Council present. An emergency Ordinance is
effective immediately upon its enactment without regard to any reading,
public hearing, publication requirements or public notice requirements.
Emergency Ordinances shall expire automatically as of the W day
following the date of enactment.
II. All Ordinances or parts of Ordinances in conflict herewith or,to the extent of
such conflict,hereby repealed.
111. This Ordinance shall become effective immediately upon its adoption on third
and final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OFITY F NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF ,2020.
First Reading: A• Il•AodD
Second Reading: A• Il• ADA0 ROBERTA.PETTIT,MAYOR
Third Reading: .Ao'R0 ATTEST: ��pp
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SHARON LAMAR,CITY CLERK