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Home My WebLink AboutOrdinance 4339 1 L ORDINANCE NO, 4339 AN ORDINANCE AMENDING §10.15 OF THE CODE OF FAYETTEVILLE BY DELETING THE CURRENT SECTION AND SUBSTITUTING A NEW SECTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . Section 10.15. "Effective date of ordinances" is deleted in its entirety and replaced with the following: "Section 10.15. Effective date of ordinances All Ordinances passed by the City Council without an emergency clause shall take effect on the day next following the deadline fixed by §36.15 of the Code of Fayetteville for the filing of a referendum petition with the city clerk. Ordinances passed with an emergency clause shall go into effect immediately, but shall not be effective to impose a fine, penalty, forfeiture or deprivation of liberty or property until after the ordinance has been published or posted as is otherwise required by law." PASSED and APPROVED this the 181h day of September, 2001 . APPROVED: %f ft 4c * a • r By: u ; AN COODY, Mor tow coo+ By: eather Woodruff, City 6ferk NAME OF FILE: Ordinance No. 4339 CROSS REFERENCE: 09/18/01 Ordinance No. 4339 08/31 /01 Memo to Mayor Coody & City Council Members from Kit Williams, City Attorney regarding § 10. 15 of the Code of Fayetteville 09/18/01 Staff Review Form 09/25/01 Memo to Kit Williams, City Attorney, from Heather Woodruff, City Clerk 09/26/01 Proof of Publication NOTES : copy ORDINANCE NO, AN ORDINANCE AMENDING §10.15 OF THE CODE OF FAYETTEVILLE BY DELETING THE CURRENT SECTION AND SUBSTITUTING A NEW SECTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . Section 10.15. "Effective date of ordinances" is deleted in its entirety and replaced with the following: "Section 10.15. Effective date of ordinances All Ordinances passed by the City Council without an emergency clause shall take effect on the day next following the deadline fixed by §36.15 of the Code of Fayetteville for the filing of a referendum petition with the city clerk. Ordinances passed with an emergency clause shall go into effect immediately, but shall not be effective to impose a fine, penalty, forfeiture or deprivation of liberty or property until after the ordinance has been published or posted as is otherwise required by law." PASSED and APPROVED this the day of September, 2001 . APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk FAYETTEVICLE Mo THE CITY OF FAYETTEVILLE. ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council Members FROM: Kit Williams, City Attorney 1-� DATE: August 31, 2001 RE: §10.15 of the Code of Fayetteville While reviewing the Code of Fayetteville, I noticed that §10.15 " Effective date of ordinances" was misleading and no longer in compliance with state law (A.C.A. 14-55-203) . The state law ties the effective date of ordinances to the period allowed for filing a referendum petition. " In the event that the governing body of the city or town has by ordinance fixed the deadline for filing referendum petitions . . . , then the effective date shall be the day next following the deadline fixed in the ordinance . . . . It A.C.A. §14-55-203 (c) (2) . Since state law is superior to our ordinances, we have been properly following the state law dictates concerning the effective date of our ordinances. However, it would be preferable to have our Fayetteville Code properly reflect state law so I have prepared an ordinance replacing Section 10.15 with language complying with current state law. I have attached A.C.A. §14-55-203 Voting Requirements for passage - Effective dates for your information as well as the current §10.15 of the Fayetteville Code. r 9 ORDINANCES OF MUNICIPALITIES 14-55-601 . 14-55-201. Only one subject, CASE NOTES Zoning ordinances. with one subject, that is, the zoning rules The court would reject the contention for a newly constructed portion of-a road. that a zoning ordinance dealt with multi- Craft v. City of Fort Smith, 335 Ark. 417, ple subjects as it regulated both landscap- 984 S.W.2d 22 (1998). . ing and signage; the ordinance only dealt - 14-55-203. Voting requirements for passage — Effective dates. (a) On the passage of every bylaw,. ordinance, resolution, or order to enter into a contract by the council of any municipal corporation, the yeas and nays shall be called and recorded. (b) To pass any bylaw, ordinance, resolution, or order, a'concurrence of a majority of a whole number of members elected to the council shall be required. (c) The effective dates for ordinances and other local measures of cities of the first class, cities of the second class, and incorporated towns shall be as follows: ( 1) Upon publication or posting as is otherwise required bylaw, but not before ninety-one (91) days after passage by the governing body of the city or town; (2) In the event that the governing body of the city or town has by ordinance fixed the deadline for filing referendum petitions upon ordinances or other local measures at not less than thirty (30) days nor more than ninety (90) days after passage of an ordinance or measure, then the effective date shall be the day next following the deadline fixed in the ordinance; or (3) An ordinance containing an emergency clause shall go into effect immediately upon passage or at the time specified by the emergency clause, regardless of publication or posting, but an emergency clause shall not be effective to impose any fine, penalty, forfeiture, or depriva- tion of liberty or property until after the ordinance has been published or posted as is otherwise required by law. History. Acts 1875, No. 1, § 29, p. 1; C. Amendments. The 2001 amendment & M. Dig., •§ 7528; 'Pope's Dig.; §. 9588; added "Effective dates" in the section A.S.A. .1947; § 19-2403; Acts 2001, No. heading; and added (c). 1187, § 1, d . SUBCHAPTER 6 — ENFORCEMENT AND REMEDIES 14-55-601. Power to enforce generally. CASE NOTES Cited: Jarrett v. City of Marvell, 69 _ Ark. App. 98, 9 S.W.3d 574 (2000). General Provisions 5 § 10.13 Ordii.vnces repealed. section, containing the desired amendment, substituted in its place. This Code, from and after its effective date, shall con- tain all of the provisions of a general nature pertaining to (B) Any ordinance which is proposed to add to the ex- the subjects herein enumerated and embraced. All prior isting Code a new chapter or section shall indicate, with ordinances pertaining to the subjects treated by this Code reference to the arrangement of this Code, the proper shall be deemed repealed from and after the effective date number of such chapter or section. In addition to such of this Code. indication thereof as may appear in the text of the pro- posed ordinance, a caption or title shall be shown in con- cise form above the ordinance. § 10.14 Ordinances unaffected. Editor's note—It should be noted that Ord. No. 3649, § 1, adopted Nov. 10, 1992, provided that § 10.17(A) be waived as to ordinances passed and approved which are necessary to accom• All ordinances of a temporary or special nature and all modate the change to the aldermenic form of government. See other ordinances pertaining to subjects not embraced in also §§ 30.01 and 31.15. this Code shall remain in full force and effect unless herein repealed expressly or by necessary implication. § 10.18 Section histories; statutory references. 10.16 Effective date of ordinances. (A) As histories for the Code sections, the 1965 Code action, the specific number and passage date of the orig- All ordinances passed by the legislative body requiring i ordinance, and all amending ordinances, if any, are publication shall take effect from and after the due publi- list d following the text of the Code section. Example: cation thereof, unless otherwise expressly provided. Ordi- nances not requiring publication shall take effect from ode 1965, § 1-1; Ord. No. 10, 5.13.60; Ord. No. 15, their passage, unless otherwise expressly provided. 1-1.70; Ord. No. 20, 1-1-80; Ord. No. 25, 1.1.85) (B) (1) If a statutory cite is included in the history, this § 10.16 Repeal or modification of ordinance. indicates that the text of the section reads substan- tially the same as the statute. Example: (A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, (A.C.A., § 75.426) (Code 1965, § 1.1; Ord. No. 10, 1-17-90; the ordinance or part of an ordinance thus repealed or Ord. No. 20, 1.1-85) modified shall continue in force until the due publication of the ordinance repealing or modifying it when publica• (2) If a statutory cite is set forth as a statutory refer- tion is required to give effect thereto, unless otherwise ence following the text of the section, this indicates expressly provided. that the reader should refer to that statute for fur- ther information. (B) No suit, proceedings, right, fine, forfeiture, or pen- alty instituted, created, given, secured, or accrued under Example: any ordinance, given, secured, or accrued under any ordi- nance previous to its repeal shall in anywise be affected, § 71.10 Traffic. released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in The city has the authority to regulate traffic within force unless it is otherwise expressly provided. city limits. (C) When any ordinance repealing a former ordinance, (Code 1965, § 1.1; Ord. No. 10, 1-1.80) clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or Statutory reference: Authority of cities to regulate traffic, provision, unless it is expressly provided. ACA., § 75.426. § 10.17 Ordinances which amend or supplement § 10.99 General penalty. Code. (A) Maximum penalties permitted. (A) If the legislative body shall desire to amend any 40 existing chapter or section of this Code, the chapter or (1) The city shall not inflict any fine or penalty, by section shall be specifically repealed and a new chapter or ordinance or otherwise, to a greater sum than Supp. No. 3 • STAFF REVIEW FORM • _XX_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FOR: COUNCIL MEETING OF 09/ 18/ 01 MAYOR'S APPROVAL FROM: Kit Williams Legal City Attorney Name Division Department ACTION REQUIRED: Approval of an ordinance amending §10.15 of the Code of Fayetteville by deleting the current section and substituting a new section. COST TO CITY: Cost of this Request Category/Project Budget Category/Project Name Account Number Funds Used to Date Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acc ti g Mana r Date Internal Auditor Date S -31 -oI City Atlr1 n1•— Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: CROSS REFERENCE Division Head Date New Item: Yes Department Director Date Previous Ordinance/Resolution No.: Administrative Services Director Date Mayor Date FAYETTEV?LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Kit Williams, City Attorney From: Heather Woodruff, City Clerk Date: September 25, 2001 Attached is a copy of Ordinance No. 4339 amending § 10. 15 of the Code of Fayetteville by deleting the current section and substituting a new section. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit SEP 2 8 2001 RECEIVED SEP 28 2001 ansas De I ��I ` � _ w Ll� A,4 ;�A r • DEPT. AFTIDAVIT 01' PUBLICATION MQ ORDIe CE NO. 4M d Ora Cafe d Fa p Sectio akbig EIB CereN Zaw elle 6abamanlA a 1 New Section. 2 d=y tynre AAyy Of the ySeCk0e, A.15. b Sedan1. Sections Me td it its n. date d Udmances'a deleted n its en swear l tel: I am Leal Clerk of- tile ;\rl:;li1J:15 �a�YeMreplacedwiNdtefaa�: SecUori 70.75. EYectNe Este d r nance5 Democrat-GarcfteNcw::paper, printed and publishal al Lota<cll , AU Ordinances passed �� PCwinW anem ahal take effect on theday r4lEli P n9 the deadline fixed! by Sttdon 36.15 9 d the Code d Fayesedle for the fiig Arkuni :wi and that li-Onl illy Owl, PCI-tional km) wicdl;c and parkern vs�ti5on win�C� , emerg .d= ags%oelred rc//tic//rc/iicc to the flies of Said Publication the advcrtiscmcnl of �� .fins;penalty,ag nfodeftunaveaor t eVmafim d Cherry errreen M unN d- �n 33q terneasmOfthas bee indI iawI DOSIBd avid Approi Id lgl�ared law,• Of Septentl App roved tltis ilei day Of September, 2001. . — Approved: By: Dan Coodv Mayor WaS illSel'tcd ill the 1•C,1,11al- editions oil B . Heather WacdnAl, City Clerk Sept 26, 2001 2681724 Publication Chargc — Purchase Ordcrit Subscribed curd sworn to bc&orc Inc this _d2 clay O 2001 . .ice . �turn�u",5 rabu�iy Pub4c retell < • the Sa Catbe State of Act ansas ,1� My commission expires < public. untY a r� • \Vas un •. - ices u.� •. Zi c P.O. Box 1607, 212 N. Bawl Avcuue, 1:aycttcvillc, Arkan:ias 72701 , (501 )571 -6467