A. Ordinances and Resolutions to be Approved as to Form. Prior to introduction, all ordinances and resolutions shall be submitted to and approved by the clerk as to form and draftsmanship, except that the council at its discretion may elect to do a first reading of an ordinance by title only. As used herein, the term "ordinance" shall be an ordinance having the force of law. Resolutions shall not have the force of law but shall express the opinion or decision of council concerning a particular thing or matter.

B. Ordinances and Resolutions to be in Writing. All proposed ordinances and resolutions should be in writing, either typed or printed, and in sufficient number of copies for each member of the council to be provided at the time of introduction.

C. Reading of Ordinances and Resolutions. If all members of council are furnished with copies of a proposed ordinance or resolution, a verbatim reading thereof shall not be required unless a member specifically requests such reading. All ordinances, with the exception of emergency ordinances, as hereinafter set out, shall be read at three meetings on three separate days with an interval of not less than seven days between the second and third readings.

D. Introduction and Required Readings of Ordinances or Resolutions.

1. Introduction of Ordinances. Any member or committee of council may introduce an ordinance for first reading at any meeting of the council, and no advance notice of such introduction shall be required. The county administrator may add ordinances to the written agenda in advance.

2. Public hearings. Before final council action on the seven items listed below, a fifteen (15) day advance notice of the time and place of such hearing shall be made and published in a newspaper of general circulation in the county.

a. Adopt annual operational and capital budgets.

b. Make appropriations, including supplemental appropriations.

c. Adopt building, housing, electrical, plumbing, gas, and all other regulatory codes involving penalties.

d. Adopt zoning land use regulations, subdivision regulations, and county road standard regulations.

e. Levy taxes.

f. Sell, lease, or contract to sell or lease real property owned by the county.

g. Adopt any standard code or technical regulation by reference.

3. First reading. At the first reading of an ordinance, the ordinance need not be in writing. Debate or amendment shall be in order. The ordinance shall be referred by the chairman to an appropriate committee unless reference shall be dispensed with by a majority vote or unless the proposed ordinance shall have been introduced by a committee.

4. Adoption of a resolution. A resolution does not have the force and effect of law and may be adopted at any meeting of council by majority vote of the members of council present. Resolutions may be introduced by a member of council or by referral from a committee of council, or placed on the written agenda in advance by the county administrator. Council may by majority vote adopt, refer, defeat, amend, or otherwise dispense with any resolution. If the resolution is referred to a committee or back to the county administrator for additional work, a report of the committee or county administrator shall ordinarily be made at the next meeting, and the resolution may be adopted by council at that meeting or any subsequent meeting. Any resolution which is up for adoption may be amended. All amendments must be germane to the proposed resolution. After all amendments and privileged motions, if any, are dispensed with, the question shall be the adoption of the resolution.

5. Second and third readings. Reports on a proposed ordinance shall ordinarily be made at the next meeting following the meeting in which the ordinance was introduced and received first reading. Second reading may be deferred until the next meeting of the council following the report. At least one day prior to the second reading of an ordinance, complete typewritten or printed copy of the text of the ordinance and the report thereon should be delivered to every member of the council. After all amendments and privileged motions, if any, are disposed of, the question shall be, "Shall the ordinance receive second reading." After the ordinance has been given second reading, it shall be given third reading on a subsequent meeting of the council. Amendments may be proffered on third reading the same as on second reading. After all amendments and privileged motions, if any, are disposed of, the question shall be the passage of the ordinance.

6. Voting on ordinances, resolutions, codes, or policies. No ordinance, resolution, code, or policy shall be passed or adopted unless at least a majority of the members of the council present shall have voted for its approval or passage. Similarly, no amendment to an ordinance, resolution, code or policy shall be passed unless at least a majority of the members of the council present shall have voted for its approval or passage.

7. Emergency ordinances. Council may adopt emergency ordinances. An emergency ordinance shall be effective immediately upon its enactment without regard to any reading, public hearing, public requirements, or public notice requirements. Emergency ordinances shall expire automatically as of the sixty-first (61st) day following the date of enactment. Such ordinances shall not levy taxes, grant, renew or extend a franchise, or impose or charge a service rate. Every emergency ordinance shall be designated as such and given a separate number and shall contain a declaration that an emergency exists and describe the emergency. Every emergency ordinance shall be enacted by the affirmative vote of a majority of the members of the council present.

E. Election and appointments to boards and commissions.

1. Duties of Clerk to Council or Administrator. The clerk to council or administrator shall report to the council at each regularly scheduled meeting concerning any impending vacancy or term expiration. Council may take appropriate action at that time, a subsequent meeting as it deems appropriate, or refer the matter to the appropriate member of council or committee for study and report.

2. Committee Report. At the public meeting of council next preceding the meeting at which the election is to be held, the committee or member of council, if any, to whom the matter was referred under the above section may present to the council nominations to fill such vacancies; but at least two days prior to such meeting the committee shall furnish to all members of the council, in writing, the names of its nominees and also the names of any incumbent board or commission member whose successor are to be elected. At the same meeting, any member of the council may make nominations and thereafter no additional nominations may be made.

3. Election. At the meeting at which the election is to be held, the chairman shall announce the names of all nominees for vacancies to be filled. Should the number of nominees exceed the number of vacancies, the clerk to council or the chairman shall call the names of the nominees in order, and each member of the council shall cast his vote by written ballot for a number of nominees equal to the number of vacancies to be filled. The clerk to council shall then tally the votes and those nominees receiving a majority of the votes cast shall be elected. If no candidate receives a majority, the balloting shall continue until there is an election.

4. Recommendations for Appointment. In cases where the council does not elect but recommends persons for appointment by the governor or otherwise, the same procedure as applied to elections will be followed as to such recommendations.

F. Revenue measures may be referred to committee on county finances.

1. All ordinances and resolutions levying a tax, incurring indebtedness or otherwise affecting county revenue may be referred by the council to the committee on county finance. If referred as provided for herein, the committee shall report thereon before the council shall vote for their passage. Nothing in this section shall be construed to prevent the council from recalling and acting appropriately on any matter within its jurisdiction.

2. Any department, commission, board, agency, office, group, or individual not audited by the county in its general audit and requesting any amount of county funds must submit a copy of the most recent audit, the present budget, and proposed budget before such request will be considered. All departments, offices or agencies of county government must annually submit any changes in their inventory of fixed assets before the next budget request will be considered.

G. Annual Appropriations or Budget Ordinance. At or prior to the second regular meeting of the council preceding the end of the county’s fiscal year, the committee on county finance, the full council, or the county administrator shall introduce for the first reading an appropriations ordinance which shall set forth in detail appropriations for all county purposes and activities during the ensuing fiscal year; and this ordinance, as it may be amended, shall be enacted by the council prior to the commencement of such fiscal year. The total of the appropriations under such ordinance should not exceed the total of anticipated county revenue from all sources as projected by the administrator under the direction of the committee or full council. Such appropriations ordinance may include a "contingency fund" in an amount deemed necessary by the council under this paragraph to cover items of expenditures for which no express provision is made elsewhere in the ordinance.

H. Effective Date of Ordinances and Resolutions. The effective date of each ordinance or resolution passed by the council shall be on the day that the ordinance is given third reading or the date the resolution is adopted unless the effective date of such ordinance or resolution is specifically set out otherwise in the ordinance or resolution.

I. Ordinances and Resolutions to be Printed. Annually, all ordinances and resolutions of the council passed during the preceding twelve (12) months shall be printed and made available for public viewing by the clerk to council. Charges for distributions of the documents to individuals shall be in accordance with established fees set by council, or twenty-five cents ($.25) per printed page in the absence of a specific fee.

J. County Indebtedness. Appropriate ordinances or resolutions in accordance with state law are required before council. (Ord. 01-O-09 §§ 3--3.10, 2001)