10
RESOLUTIONS, CONTRACTS,
REPORTS,
AND
ORDINANCES
34. Resolutions and motions to amend agenda items under consideration, shall be presented
in duplicate to the Presiding Officer and be authorized for distribution to other
Councilmembers, unless the Presiding Officer permits, without objection, such motions
to
be oral. Other resolutions and motions shall be subject to Rule 21.
35. Commendatory resolutions may be presented at meetings of the Council if the posted
agenda so provides.
36. A motion may be made to substitute one report or action for another on the same subject
matter provided there is first a majority vote on the question of whether to substitute.
If
approved, a new vote shall be taken on whether to adopt the
substituted
report or action.
*37. No contract shall be
authorized
by the Council until it has been submitted to and approved by
the City Attorney as to form and legality. If the City Attorney questions the legality of any
proposed contract or portion thereof, that office shall express its written opinion thereon,
to
the
Council.
38. Unless otherwise provided herein, no ordinance shall be introduced for adoption by
the
Council until it has been submitted to the City Attorney for review as to form and legality. If
the City Attorney approves the ordinance as to form and legality, the City Attorney will
so
indicate in the transmittal of the ordinance to Council or to a Council Committee and
sign
the ordinance as to form and legality. If the City Attorney questions the legality of any
proposed ordinance or part thereof ordered prepared by the Council or a Committee of
the
Council, the City Attorney shall express the reason(s) for not approving the proposed
ordinance as to form and legality in the letter transmitting the ordinance to the Council or a
Council Committee and shall not sign the ordinance as to form and legality. Before
transmitting to the Council or to the Committee an ordinance that requires enforcement by an
officer, board or commission of the City, the City Attorney, after preparation of the
ordinance shall submit it to such officer, board or commission for comment and
recommendation. The City Attorney shall indicate to the officer, board, or commission,
whether or not the City Attorney is approving the proposed ordinance and the reasons
therefor. Each proposed ordinance, whether or not approved by the City Attorney, shall be
delivered to the Office of the City Clerk, who shall present the same forthwith to the Chair of
the Committee which has had the subject matter under consideration. The Chair
shall
review
the ordinance,
ascertain whether
it
conforms
with the
instruction
of the Council or
the
Committee,
and shall return it to the City Clerk without unnecessary delay for placement on the
Council or
Committee
Agenda.
This Rule shall not require that any zone change, building line or height district ordinance or
any appeal of a zone change, building line or height district ordinance be submitted
to
the
City Attorney for approval as to form and legality. The City Planning Department
shall
review
such ordinance or appeal and shall consult with the City Attorney to assure that the final
ordinance is in proper form, the "Q" conditions are properly prepared and that the correct
findings are prepared for Council adoption. Notwithstanding this exception, the Council,
its Planning and Land Use Management Committee, the City Planning Commission, an
individual member of an Area Planning Commission, an Area Planning
Commission,
or an
individual member of the
Commission
may request City Attorney review. In that event, the
regular process otherwise provided by this Rule shall be followed.