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3.02.030 Council Actions.

City Code Section

(Amended by Ordinance 192093, effective October 3, 2025.)

  1. A. Non-emergency ordinance.
    1. 1. Procedure.
      1. a. A non‑emergency ordinance has two public readings of its title.
      2. b. Except as provided in the Charter for ordinances granting a franchise, at least five days must pass between the introduction and passage of a non-emergency ordinance. A non-emergency ordinance cannot be amended within five days of its passage.
      3. c. Public testimony is three minutes per person unless the presiding officer specifies another time, and testimony is limited to the first reading unless the presiding officer states otherwise on the record at the end of testimony at the first reading.
    2. 2. Vote requirement.
      1. a. Quasi-judicial matter. At least seven affirmative votes are required to pass or seven negative votes are required to deny an ordinance approving, approving with conditions, or denying a quasi-judicial matter for which an application or appeal fee has been paid. The item may be continued to the next regular agenda or as directed by the Council.
      2. b. Not a quasi-judicial matter. Except as otherwise provided in the Charter and Subsection a. above, at least seven affirmative votes are required to pass an ordinance. If there are fewer than seven affirmative votes, the ordinance fails.
      3. c. At least seven affirmative votes are required to amend an ordinance prior to passage.
    3. 3. Effective date.
      1. a. A non-emergency ordinance takes effect 30 days after passage unless the ordinance sets a later date or as provided in Subsection b. below. The filing of a referendum petition suspends the effective date.
      2. b. Ordinances making appropriations and the annual tax levy and ordinances relating to local improvements and assessments take effect immediately upon passage unless the ordinance sets a date less than 30 days after passage.
  2. B. Emergency ordinance.
    1. 1. Procedure.
      1. a. An emergency ordinance has one public reading of its title.
      2. b. The ordinance will state that an emergency exists and specify the facts or reasons constituting the emergency.
      3. c. Public testimony is three minutes per person unless the presiding officer specifies another time.
      4. d. The asterisk symbol will precede the title of each emergency ordinance.
    2. 2. Vote requirement. At least nine affirmative votes are required to pass an emergency ordinance. At least seven affirmative votes are required to amend an emergency ordinance prior to passage.
    3. 3. Effective date. Emergency ordinances take effect immediately upon passage unless the ordinance sets a date less than 30 days after passage.
  3. C. Franchise ordinance.
    1. 1. Procedure. Procedures will be consistent with the Charter.
    2. 2. Vote requirement. At least nine affirmative votes are required to pass an ordinance granting a franchise. At least seven affirmative votes are required to amend a franchise ordinance before its passage.
    3. 3. Effective date. An ordinance granting a franchise takes effect 60 days after passage unless the ordinance sets a later date. The filing of a referendum petition suspends the effective date.
  4. D. Resolution.
    1. 1. Procedure. A resolution has one public reading of its title. Public testimony is three minutes per person unless the presiding officer specifies another time.
    2. 2. Vote requirement. At least seven affirmative votes are required to pass a resolution or to amend a resolution before passage.
    3. 3. Effective date. A resolution becomes effective immediately upon passage unless the resolution sets another date.
  5. E. Report.
    1. 1. Procedure. The presiding officer determines whether public testimony is received and the amount of time for each person to testify.
    2. 2. Vote requirement. At least seven affirmative votes are required if acceptance of a report is requested. No vote is required on informative reports which request no Council action; informative reports are placed on file.
    3. 3. Effective date. Acceptance of a report is effective immediately upon acceptance.
  6. F. Quasi-judicial land use decision.
    1. 1. Procedure. Quasi-judicial land use procedures are governed by Title 33 and are identified in the mailed notice for the hearing.
    2. 2. Vote requirement. At least seven affirmative votes are required to deny or affirm an appeal of a quasi‑judicial land use decision and to adopt the findings, conclusion, and order.
    3. 3. Effective date. The effective date of a quasi-judicial land use decision is identified in Title 33.
  7. G. Consent agenda.
    1. 1. Procedure.
      1. a. An item may be removed by a Councilor or any person. A request to remove an item must be made to the Auditor either prior to the meeting or at the meeting but before the vote on the consent agenda. A removed item will be considered individually at the same meeting.
      2. b. The vote is a single Council vote without reading the titles of individual items. Items are not subject to amendment or debate.
    2. 2. Vote Requirement. The unanimous vote of all Councilors in attendance, and no less than nine Councilors, are required to approve the consent agenda.
  8. H. Nine-twelfths agenda.
    1. 1. Procedure. The procedure is the same as the procedure for the type of item.
    2. 2. Vote requirement. The vote requirement is the same as the requirement for the type of item.
  9. I. Ordinance objection.
    1. 1. Within ten days after passage of an ordinance that does not take effect immediately, any three Councilors may submit a written objection to the Auditor. The objection will be considered and voted on at the next regular meeting.
    2. 2. If at least seven affirmative votes sustain the objection, the ordinance is repealed and does not take effect unless again passed in the same manner as a new ordinance.
  10. J.  Tie-breaking vote by Mayor.
    1. 1.  Except for the election of Council officers under Charter Section 2-110, or on matters setting Council’s rules of procedure under Charter Section 2-111, the Mayor casts the deciding vote on final passage of non-emergency ordinances, resolutions, reports, and quasi-judicial matters where the vote by Council is tied six to six. The Mayor does not vote to break a tie on procedural motions, including without limitation, those listed in Subsection 3.02.040 D.
    2. 2.  If the Mayor is unavailable either in person or virtually to cast the tiebreaking vote on final passage during the meeting, the result of the tied vote is deemed inconclusive. If the vote on final passage remains inconclusive at the end of the meeting, the matter will be automatically postponed and rescheduled to the next Council meeting for the sole purpose of the Mayor casting their vote. If the Mayor is not present, it would be considered a no vote as in Subsection J.3.
    3. 3. In determining if a vote is a tie, absences, abstentions and vacancies will be counted as no votes.

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