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HomeMy WebLinkAboutOrdinance 2010.06 Amending section 2-5-5 of the town code relating to emergency clausesF. ANN RODRIGUEZ, RECORDER RECORDED BY: RJL ' DEPUTY RECORDER ~,yoF P~ItLr _~ 9544 PE-2 ~~ ~, O SMARA W~ j ~+Z TOWN OF MARANA ~N _ ~ li~ ~b ATTN: TOWN CLERK ~9 _~" Q+ RIZO~ 11555 W CIVIC CENTER DR MARANA AZ 85653 MARANA ORDINANCE NO. DOCKET: 13808 PAGE: 1603 N0. OF PAGES: 2 SEQUENCE: 20100920405 05/13/2010 ORDIN 16:02 MAIL AMOUNT PAID $ 8.00 2010.06 RELATING TO MAYOR AND COUNCIL; AMENDING TOWN CODE SECTION 2-5-5 ("EFFECTIVE DATE OF ORDINANCES") TO CLARIFY WHICH ORDINANCES, RESOLUTIONS AND FRANCHISES REQUIRE AN EMERGENCY CLAUSE IN ORDER TO BE IMMEDIATELY OPERATIVE; AND DESIGNATING AN EFFECTIVE DATE WHEREAS Town Code Section 2-5-5 ("Effective date of ordinances") requires that all ordi- nances, resolutions and franchises adopted by the Town Council must include an emergency clause in order to become immediately operative; and WHEREAS the purpose of the emergency clause requirement is to ensure that legislative ac- tions of the Town Council maybe subject to voter referendum when. appropriate; and WHEREAS purely administrative acts of the Town Council are not subject to voter referen- dum and, therefore, maybe effective immediately upon passage by the Town Council even in the absence of an emergency measure; and WHEREAS the Town Council finds that it will be more efficient and is therefore in the best interests of the Town to amend Section 2-5-5 of the Town Code to clarify that only ordinances, reso- lutions and franchises that are subject to voter referendum require an emergency clause in order to become immediately operative. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA that Marana Town Code Section 2-5-5 ("Effective date of ordinances") is hereby revised to read as follows (with additions shown with double underlining): Section 2-5-5 Effective date of ordinances, resolutions and franchises A. No ordinance, resolution or franchise which is subject to voter referendum shall become operative until 30 days after its passage by the council, except measures immediately necessary for the preservation of the peace, health or safety of the town. Such an emergency measure shall only become immediately operative if it states in a separate section the reason why it is necessary that it should become immediately operative and only if it is approved by the affirmative vote of three fourths of all the members elected to the council. B. In addition to the provisions of subsection A of this section, the town clerk shall certify the minutes of any council meeting at which an ordinance, resolution or franchise, except an emergency measure, is passed. IT IS HEREBY FURTHER ORDAINED that this ordinance shall become effective on the thirty-first day after its adoption. ~~~~» Marana Ordinance 2010.06 {00020125.DOC / 2} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4t1i day of May, 2010. Mayor ~ d Honea ATTEST: elyn C. onson, Town Clerk APPROVED AS TO FORM: .;~~ ,~- j~ y l Frank Cassidy, Town Attb e Marana Ordinance 2010.06 {00020125.DOC / 2} When recorded return to: TOWN OF MARANA ATTN TOWN CLERK 11555 W CIVIC CENTER DR MARANA, AZ 85653 d~~~`~L ~O4y OFFICIAL RECORDS OF ~8 75 a PINAL COUNTY RECORDER ~~ LAURA DEAN-LYTLE DATE/TIME: 05/13/2010 1148 FEE: $12.00 PAGES: 3 FEE NUMBER: 2010-045780 111111 IIIII IIIII IIIII IIIII IIIII IIIN IIIII IIIII IIIII IIII IIII (The above space reserved for recording information) MARANA ORDINANCE NO 2010.06 DOCUMENT TITLE DO NOT DISCARD THIS PAGE. THIS COVER PAGE IS RECORDED AS PART OF YOUR DOCUMENT. THE CERTIFICATE OF RECORDATION WITH THE FEE NUMBER IN THE UPPER RIGHT CORNER IS THE PERMANENT REFERENCE NUMBER OF THIS DOCUMENT IN THE PINAL COUNTY RECORDER'S OFFICE. Form RE-49 r MARANA ORDINANCE N0.2010.06 RELATING TO MAYOR AND COUNCIL; AMENDING TOWN CODE SECTION 2-5-5 ("EFFECTIVE DATE OF ORDINANCES") TO CLARIFY WHICH ORDINANCES, RESOLUTIONS AND FRANCHISES REQUIRE AN EMERGENCY CLAUSE IN ORDER TO BE IMMEDIATELY OPERATIVE; AND DESIGNATING AN EFFECTIVE DATE WHEREAS Town Code Section 2-5-5 ("Effective date of ordinances") requires that all ordi- nances, resolutions and franchises adopted by the Town Council must include an emergency clause in order to become immediately operative; and WHEREAS the purpose of the emergency clause requirement is to ensure that legislative ac- tions of the Town Council maybe subject to voter referendum when appropriate; and WHEREAS purely administrative acts of the Town Council are not subject to voter referen- dum and, therefore, maybe effective immediately upon passage by the Town Council even in the absence of an emergency measure; and WHEREAS the Town Council finds that it will be more efficient and is therefore in the best interests of the Town to amend Section 2-5-5 of the Town Code to clarify that only ordinances, reso- lutions and franchises that are subject to voter referendum require an emergency clause in order to become immediately operative. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA that Marana Town Code Section 2-5-5 ("Effective date of ordinances") is hereby revised to read as follows (with additions shown with double underlining): Section 2-5-5 Effective date of ordinances, resolutions and franchises A. No ordinance, resolution or franchise which is subject to voter referendum shall become operative until 30 days after its passage bythe council, except measures immediately necessary for the preservation of the peace, health or safety of the town. Such an emergency measure shall only become immediately operative if it states in a separate section the reason why it is necessary that it should become immediately operative and only if it is approved by the affirmative vote of three fourths of all the members elected to the council. B. In addition to the provisions of subsection A of this section, the town clerk shall certify the minutes of any council meeting at which an ordinance, resolution or franchise, except an emergency measure, is passed. IT IS HEREBY FURTHER ORDAINED that this ordinance shall become effective on the thirty-first day after its adoption. Marana Ordinance 2010.06 {00020125.DOC / 2} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4~' day of May, 2010. ~ ~, Mayor 'd Honea ATTEST: o lyn C. B onson, Town Clerk Marana Ordinance 2010.06 {00020125.DOC / 2} APPROVED AS TO FORM: