Legislation Procedure

The legislative action of the Marietta City Council shall be by ordinance or resolution, introduced in printed form, each of which shall contain no more than one subject, which subject shall be clearly expressed in the title. Ordinances involving general appropriations, however, may contain the various subjects and accounts for which moneys are appropriated. Any member of council may introduce legislation and every ordinance or resolution introduced in the council shall bear the name(s) of the council member(s) sponsoring said ordinance or resolution. An affirmative vote of a majority of council shall be required for the enactment of every ordinance or resolution, unless a larger number be required. On the passage of each ordinance or resolution, the voting shall be by roll call and the vote of each member shall be recorded in the minutes.

 

All resolutions and ordinances shall be read on three different days, unless three-fourths of all the members elected vote to dispense with the rule. The vote on suspending the rule shall be taken by yeas and nays and entered on the minutes. All ordinances or resolutions shall be read by title only on the day when introduced, provided that Council may require the initial reading to be in its entirety for information purposes by a majority vote. At the next meeting of Council, the same shall be read a second time, and unless otherwise ordered, shall be laid on the table until the next meeting of Council. At such meeting the same shall be read the third time, and unless otherwise disposed of, the final vote shall be taken by yeas and nays thereon, and recorded in the minutes. The second and third readings of such ordinances or resolutions shall be by title only. Any such resolution or ordinance shall require for passage or adoption, except when otherwise provided by law, the concurrence of a majority of all members elected. It shall be in order to amend an ordinance at any time.

 

There are several types of actions considered by city council during regular and special meetings.

 

"Ordinances" are formal enactments of laws, and include subjects such as purchases of items, real estate related transactions, contract authorizations, bid awards, changes to the city's codified ordinances, and other formal action.

 

"Resolutions" are generally non-regulatory actions by council, and could include subjects such as recognition of events, accomplishments, or individuals; and other council actions as deemed appropriate in resolution format.

 

"Emergency Ordinances" - When necessary for the preservation of the public peace, health and welfare or safety, or providing for the usual daily operation of a municipal department or division, the Council, by an affirmative vote of three-fourths of the members, may adopt an emergency ordinance which shall set forth and define the specific facts necessitating the emergency. Such emergency ordinances shall require no public hearings and shall take effect at the time indicated therein. Emergency ordinances shall be published as other ordinances after passage.

 

"Adoption" occurs after a roll call with an affirmative vote of the majority of council. If passed, it is signed by the chairman of the committee, council clerk, president of council and the mayor. The legislation goes into effect 30 days after the mayor's signature. Emergency legislation goes into effect immediately after the mayor's signature.

 

"Codification" - Council may, by ordinance or resolution, adopt ordinances and codes prepared by the state or any department, board, agency or political subdivision of the state, or any standard or model code or ordinance prepared by a public or private organization, pertaining to such subjects as the council may determine to be appropriate for adoption by reference or by incorporation by reference. Subsequent amendments or changes to codes or ordinances adopted by reference may also be adopted by incorporation by reference. The council may revise, codify, recodify, and publish the ordinances and resolutions in book or code form. Codifications and recodifications may contain new matter therein.

 

Mayoral "Proclamations" are ceremonial acts that sometimes appear on a council agenda (but not all proclamations appear on an agenda). Proclamations usually recognize a special event or individual in Marietta for their special significance or accomplishments.

Some "appointments" to the city's citizen-based boards and commissions are made by the mayor and president of council with council's confirmation.

 

AUTHENTICATION OF ORDINANCES AND RESOLUTIONS.

Each ordinance or resolution shall be authenticated by the signature of the president of council, or other presiding officer, and the clerk of council. The failure or refusal of such officers to sign such ordinances or resolutions shall not invalidate an otherwise properly enacted ordinance or resolution.

 

No other resolution or ordinance shall become effective until 30 days after:

(1) Its approval by the mayor, or

(2) The expiration of the time within which it may be vetoed by the mayor, or

(3) Its passage after veto by the mayor, as the case may be.