ARTICLE VIII: LEGISLATION AND MEASURES

Rule 70. Types of legislation and measures.

1. Municipal ordinance. A “municipal ordinance” is a measure of legislation considered and passed by the Council which is of a general or permanent nature, creates a right, grants a franchise or involves the appropriation of money, the levying of a tax, or authorizes the purchase, lease, sale or transfer of property. A “municipal ordinance” provides a rule of conduct and, as a law, is binding upon the community.

2. Council resolution. A “council resolution” is a measure of legislation considered and passed by the Council which declares an intent or purpose or the authorization of some temporary act or administrative procedure. A “council resolution” may initiate, direct or carry out administrative duties and functions, which are granted to the Council under statutory laws or municipal ordinances.

3. Proclamation. A “proclamation” is an official declaration issued by motion of the Council or issued by the Mayor making certain announcements known. A proclamation may be issued by the Council or unilaterally by the Mayor.

4. Executive Order. An “executive order” is a written directive issued by the Mayor which assigns, delegates or directs duties, functions and other tasks to be carried out by an executive department, or executes a rule governing the public health and safety authorized by applicable law. Only the Mayor shall have the power to issue an executive order; however, no such executive order shall be issued which contradicts the ordinances, resolutions and policies of the Village, or applicable law.

Rule 71. Drafting of legislation.

Legislation shall be drafted in accordance with the procedure set forth in this Rule.

1. A rough draft of a measure of legislation may be composed by any member of the Council or jointly composed by members of the same or, by the Mayor. Once completed, the rough draft shall be submitted to the Mayor, who, in consultation with the Solicitor, shall review the proposed measure, ensure construction and language meets formality and compose an introductory draft.

2. An introductory draft shall be constructed by the Mayor or Village Solicitor, constructed as provided pursuant to Rule 72 and assigned a number sequential to prior municipal ordinances or council resolutions, whichever applicable. Numbers shall begin with the four digits of the year during which the measure is considered, followed by a hyphen and the next number in sequence, which shall be two digits (e.g. 2022-01). The introductory draft shall contain the name of the member or members of the Council endorsing the legislation and that the same is requested by the Mayor, if applicable.

3. Once completed, the introductory draft shall be filed with the Clerk of Council, who shall place the same upon the agenda and forward to the Council. The proposed measure of legislation shall be introduced to the Council as provided in Rule 74.

4. When any measure of legislation undergoes three readings pursuant to Rule 74 and the measure of legislation is amended during its reading, one copy shall be designated as a mark-up copy and shall thereon contain all deletions and additions and returned to the Mayor or Solicitor prior to the third reading.

5. The Mayor or Solicitor shall create a final draft based upon the additions and deletions of the mark-up copy, if any, and submit the same to the Clerk of Council, who shall forward to the Council. The final draft shall be signed by the Solicitor to indicate approval as to form.

Rule 72. Construction and stylization of ordinances and resolutions.

1. Every ordinance and resolution shall be composed of a title paragraph, located at the heading of the ordinance or resolution, bold Century Schoolbook in font, capitalized, twelve in font size, marginally left with a hanging indention of one half inch. The title paragraph shall summarily state the purpose of the ordinance or resolution.

a. For an ordinance enacting or amending a section of the Rutland Municipal Code or an otherwise uncodified ordinance, the title paragraph shall state, “AN ORDINANCE (ENACTING OR AMENDING) SECTION _____ OF THE (RUTLAND MUNICIPAL CODE OR MUNICIPAL ORDINANCE _____) _____ (summarizing the purpose of the enacted or amended section).”

b. For an ordinance repealing a section of the Rutland Municipal Code, or an otherwise uncodified ordinance, the title paragraph shall state, “AN ORDINANCE REPEALING SECTION _____ OF THE (RUTLAND MUNICIPAL CODE OR MUNICIPAL ORDINANCE _____).

2. Above the title paragraph upon each ordinance and resolution shall be its assigned number, as determined pursuant to Rule 71-2, bold Century in font, twelve in font size, indented two inches from the left edge of the paper.

3. Every ordinance shall be stylized as follows: “Be it Ordained by the Village Council of the Village of Rutland in the County of Meigs, State of Ohio, _____,” followed by its provisions. Every resolution shall be stylized as follows: “Be it Resolved by the Village Council of the Village of Rutland in the County of Meigs, State of Ohio, _____,” followed by its provisions.

4. Upon the conclusion of the provisions of every ordinance and resolution shall be provided as follows:

VILLAGE OF RUTLAND )

STATE OF OHIO ) ss:

Passed in Council this ________ Day of ____________________, ________.

___________________________

Mayor

Attest:

___________________________

Village Clerk-Fiscal Officer

(Seal)

5. The Village Clerk-Fiscal Officer shall attest to all ordinances and resolutions passed by the Village Council.

Rule 73. Reserved.

[Reserved.]

Rule 74. Introduction of legislation.

1. All proposed measures of legislation shall be placed upon the agenda and introduced during a regular session of the Council during the legislative term as provided for in this Rule.

2. The Clerk of Council shall report a proposed municipal ordinance or council resolution before the Council, indicate its assigned number and read the same by title only. Upon conclusion of the reading of title of the proposed municipal ordinance or council resolution by the Clerk of Council, any member of Council may motion that such ordinance or resolution be read in full, such motion subject to passage by majority vote of the Council. If such motion passes, the Clerk of Council shall read the proposed ordinance or council resolution in full.

3. After a proposed municipal ordinance or resolution has been read pursuant to Rule 74-2, any member of Council may introduce by motion an amendment to any provisions of the proposed municipal or council resolution, or introduce by motion a new provision to the same. Such motion shall be seconded by another member of Council, but a vote on the same need not be taken until discussion of the amendment has taken place. Once discussion of the amendment is concluded, the presiding officer shall call the question if the amendment shall be passed and a vote on the same shall be taken by yeas and nays and entered upon the Journal of the Council.

4. In lieu of or in addition to fulfilling the procedure set forth in Rule 74-3, the Council may, by motion, proceed to refer or commit the proposed legislation to the appropriate committee.

Rule 75. Readings of legislation.

Except as otherwise provided in Rule 76, proposed measures of legislation shall undergo three readings as prescribed in paragraphs (1) through (4) of this Rule.

1. Each municipal ordinance and council resolution shall be read by title only, provided the Council may require any reading to be in full by a majority vote of its members.

2. Each municipal ordinance and council resolution shall be read on three (3) different days, provided the Council may dispense with this rule by a vote of at least three-fourths of its members.

3. The vote on the passage of each municipal ordinance or council resolution shall be taken by yeas and nays and entered upon the Journal of the Council.

4. Each municipal ordinance or council resolution shall be passed, subject to the approval of the Mayor, where applicable, except as otherwise provided by law, by a vote of at least a majority of all the members of the legislative authority.

Rule 76. Passage of legislation; authentication; mayor’s veto; notice.

1. Except as otherwise provided in this Rule, any municipal ordinance or council resolution passed by the Council shall be authenticated by the Mayor. If the Mayor approves such ordinance or resolution, he shall sign it, but if he does not approve it, he shall return it to the Council with his objections within ten days thereafter, or if the Council is not then in session, such objections shall be returned at the next regular meeting thereof. The Council shall cause such objections to be entered in full in its Journal.

The Mayor may approve or disapprove the whole or any item or part of any ordinance or resolution appropriating money.

2. When the Mayor refuses to sign any ordinance or resolution, or part thereof, and returns it to the Council with his objections, the Council shall, after the expiration of not less than one week, proceed to reconsider it, and if, upon reconsideration, the ordinance or resolution, or part or item thereof, disapproved by the Mayor is approved by the vote of two thirds of all the members elected to the Council, the Mayor shall then authenticate the ordinance or resolution and it shall then take effect. In all such cases the votes shall be taken by "yeas" and "nays" and entered upon the Journal of the Council.

3. Once a proposed measure of legislation has passed the Council, it shall be authenticated pursuant to Rule 76-1 and attested by the Clerk of Council. The Clerk-Fiscal Officer shall further certify as follows:

I, _______________, as Clerk-Fiscal Officer of the Village of Rutland, Ohio, do hereby certify that the foregoing is a true and correct copy of the Ordinance (or Resolution) adopted by the Council of said Village on the _____ day of _______________, 20 _____; that the publication of such Ordinance (or Resolution) has been made and certified of record according to law; that no proceedings looking to a referendum upon such Ordinance (or Resolution) have been taken; and that such Ordinance (or Resolution) and the certificate of publication thereof are of record in Record of Ordinances No. _____, Page _____.

4. The Clerk-Fiscal Officer shall give public notice, not less than two weeks in length, of all legislation passed by the Council and authenticated by the Mayor as follows:

“Notice is hereby given that, on the _____ day of _______________, 20 _____, the Council of the Village of Rutland passed Ordinance (or Resolution), numbered _____, entitled, _____ (title of the municipal ordinance or council resolution). All municipal legislation enacted may be obtained from or viewed at the Rutland Civic Center-Village Hall, located at 337 Main Street, Rutland, Ohio 45775.” The Fiscal Officer shall certify and attest to the same.”

5. The public notice required by paragraph (3) of this Rule shall be posted as follows:

a. In the lobby or foyer of the Rutland Civic Center;

b. In a conspicuous area of the Rutland Post Office, Fox’s Pizza Den, Rutland Bottle Gas, and Dollar General;

c. Upon the official website and social media of the Village.

Rule 77. Emergency legislation.

Proposed measures of legislation shall not be required to undergo three readings as provided in Rule 75 if such proposed measures of legislation are considered for emergency passage, during which the Council shall, by three-fourths vote of its members, declare the passage of the emergency measure necessary to preserve the immediate health, safety and welfare of the Village of Rutland. Any proposed measure of legislation passed as an emergency measure shall contain a provision as to that effect.

Rule 78. Amending or repealing legislation.

1. If a proposed measure of legislation is amended prior to its passage in such manner that materially alters the proposed measure, such proposed measure shall repeat the first reading; otherwise, the proposed measure may continue forward as provided in Rule 75.

2. Any municipal ordinance which is in current effect may be amended by a separate amending municipal ordinance. The amending municipal ordinance need not contain all provisions of the original municipal ordinance, only the provisions which are to be amended. A subsequent ordinance may repeal an earlier ordinance by implication without an express repealing clause.