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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Administration and Finance Item: Compliance with MCA 2009 7-5-103 Ordinance requirements and city council rules Date: October 23, 2009 Prepared by: Renee Mitchell Initiated by: Renee Mitchell Action Required: Review and determine whether City Council actions pertaining to the adoption of ordinances in general with State law MCA 2009 7-5-103 Ordinance requirements and city council rules for the conduct of meetings and business (Rule 24 Adoption of Ordinances). Recommended Motion: I move the City Council… Timeline: Referral to committee: October 26, 2009 Committee discussion: Council acts to set hearing: Public Hearing: Deadline: Background and Alternatives Explored: MCA 2009 7-5-103: 7-5-103. Ordinance requirements. All ordinances must be submitted in writing in the form prescribed by resolution of the governing body. An ordinance passed may not contain more than one comprehensive subject, which must be clearly expressed in its title, except ordinances for codification and revision of ordinances. An ordinance must be read and adopted by a majority vote of members present at two meetings of the governing body not less than 12 days apart. After the first adoption and reading, it must be posted and copies must be made available to the public. After passage and approval, all ordinances must be signed by the presiding officer of the governing body and filed with the official or employee designated by ordinance to keep the register of ordinances. History: En. 47A-3-102 by Sec. 5, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-102(1) thru amd. Sec. 461, Ch. 61, L. 2007. ---PAGE BREAK--- City Council Rules: Rule 24. Adoption of Ordinances Unless otherwise provided by State law, the adoption procedure for City ordinances shall be as follows: 1. The City Council will schedule a public hearing on the ordinance, which constitutes the first reading and adoption as provided in 7-5-103 MCA. 2. A notice of the public hearing containing the date, time, place, subject of the ordinance and information about where copies can be accessed, shall be published at least one week before the hearing, or in accordance with state law, so that adequate public notice is given. 3. The City Council will conduct the public hearing on the ordinance on the appointed day and time. Final action may be taken by the Council once the public hearing is closed, which constitutes the second reading and adoption as provided in 7-5-103 MCA. Between June 22 and October 5, the draft proposal underwent many major changes and amendments by PAZ so many, in fact, that one could reasonably argue that the ordinance adopted at the second hearing is no the same as that which was presented at the first public hearing. And therefore what was read and adopted on October 5 constituted the 1st ready of Title 20, Missoula Zoning Ordinance. Financial Implications: Attachments: