Modesto Municipal Code Ch. 2 Legislation

Legislative action shall be taken by the Council only by means of an ordinance or resolution.

(Sec. 20(a), Ord. 1084-N.S.)

All ordinances shall be prepared in writing by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council or requested in writing by the City Manager, or prepared by the City Attorney on his own initiative.

(Sec. 20(b), Ord. 1084-N.S.)

All ordinances, resolutions and contract documents, before presentation to the Council, shall have been approved as to form legality by the City Attorney or his authorized representative, and, where substantive matters of administration are involved, shall have been examined for administration by the City Manager or his authorized representative, who shall advise the Council of his recommendations thereon.

(Sec. 20(c), Ord. 1084-N.S.)

(a) Ordinances, resolutions and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council; except that the City Manager or City Attorney may present ordinances, resolutions and other matters or subjects to the Council for consideration.

(b) With the sole exception of ordinances which take effect upon adoption referred to in this chapter, no ordinance shall be passed by the Council on the day of its introduction nor within five (5) days thereafter nor at any other time than at a regular or adjourned regular meeting, nor until its publication at least once in full in the official newspaper of the City of Modesto at least two (2) days before its adoption. As an alternative method of publication, the Council may order copies of any ordinance to be posted at least two (2) days prior to its adoption in at least three (3) prominent and distinct locations in the City, together with a single publication in such official newspaper of a notice setting forth the title of the ordinance, the date of its introduction, and a list of the places where copies of such ordinance are posted. In case of an amendment being made to an ordinance before the final adoption of the ordinance, it must in like manner be published in full as amended at least one (1) day before its adoption as amended. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of the foregoing sentence.

(c) Any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five (5) affirmative votes.

(Sec. 20(d)-(1), (2), (3), Ord. 1084-N.S., amended by Ord. 2000-C.S., § 1, effective 1-8-81)

Each ordinance shall be preceded by a brief title which shall indicate the subject purport thereof.

(Sec. 20(e), Ord. 1084-N.S.)

The ordaining clause of all ordinances adopted by the Council shall be substantially as follows: "The Council of the City of Modesto does ordain as follows:"; and the ordaining clause of all ordinances adopted by the people shall be, "The People of the City of Modesto do ordain as follows:".

(Sec. 20(f), Ord. 1084-N.S.)

A roll call vote shall be taken upon the passage of all ordinances and resolutions and be entered upon the journal of the proceedings of the Council. Upon request of any member, a roll call vote shall be taken and recorded on any vote. Whenever a recorded or roll call vote of the Council is in order, the City Clerk shall call the names of the members in alphabetical order, except that the name of the Presiding Officer shall be called last.

(Sec. 20(g), Ord. 1084-N.S.)

In the event that the roll call vote on the introduction or adoption of an ordinance or a resolution results in a tie vote, the motion shall be deemed lost, and the matter shall remain pending on the agenda of the City Council and the Clerk shall automatically place the matter on the Council agenda for each subsequent regular meeting of the Council until the matter is resolved.

(Ord. 1084-N.S., amended by Ord. 532-C.S., effective 11-20-62)

Each legislative act of the Council establishing a fine or penalty, imposing a new or additional tax, granting a franchise, or when required by the Charter of the City of Modesto shall be by ordinance.

(Ord. 1084-N.S., amended by Ord. 688-C.S., effective 12-23-64)

No ordinance shall be revised, re-enacted or amended by reference to its title only; but the ordinance to be revised or re-enacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto, shall be set forth and adopted in the method provided in this chapter for the adoption of ordinances.

(Ord. 1084-N.S., effective 8-6-53)

No ordinance nor section thereof shall be repealed except by an ordinance adopted in the manner provided in this chapter.

(Ord. 1084-N.S., effective 8-6-53)

No ordinance adopted by the Council shall become effective until thirty (30) days from and after the date of its adoption, except the following which shall take effect upon adoption:

(a) An ordinance calling or otherwise relating to an election;

(b) An improvement proceeding ordinance adopted under some law or procedural ordinance;

(c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property;

(d) An emergency ordinance adopted in the manner provided for in this chapter;

(e) An ordinance annexing areas to the City; or

(f) An ordinance providing for tax levy or appropriation for the usual current expenses of the City.

(Ord. 1084-N.S., amended by Ord. 574-C.S., effective 5-1-63)

A true and correct copy of all ordinances shall be kept and certified to by the City Clerk in a book marked "City Ordinances." Such record copy, with such certificate, or the original ordinance, shall be prima facie evidence of the contents of the ordinance and of the due passage and publication of the same, and shall be admissible as such in any court or proceeding. Such records shall not be filed in any case, but shall be returned to the custody of the City Clerk. Nothing herein contained shall be construed to prevent the proof of the passage and publication of an ordinance in the usual way.

(Ord. 1084-N.S., effective 8-6-53)

Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference with the same effect as an ordinance by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three (3) copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Subsequent amendments to sections of the code shall be enacted in the same manner as herein required for the amendment of ordinances generally.

Detailed regulations pertaining to any subject such as the construction of buildings, plumbing, wiring or other subjects which require extensive regulations, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this chapter.

(Sec. 20(n), Ord. 1084-N.S.)