Knowledgebase-Ordinance Restricting Failed Motions from Reintroduction


Information Product

Title:Ordinance Restricting Failed Motions from Reintroduction
Summary:An ordinance to amend the Town of Decatur Code pertaining to the re-introduction of failed motions to adopt ordinances and resolutions.
Original Author:Norris, Margaret
Co-Author:
Product Create Date:01/07/2008
Last Reviewed on::06/15/2017
Subject:Municipal ordinances; Meetings--Planning and management
Type:Ordinance
Original Document: Ordinance Restricting Failed Motions from Reintroduction.pdf

Reference Documents:

Text of Document: ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE TOWN OF DECATUR CODE
BY ADDING SECTION 1-105 PERTAINING TO THE
RE-INTRODUCTION OF FAILED MOTIONS TO
ADOPT ORDINANCES AND RESOLUTIONS
WHEREAS, some ordinances, resolutions and motions are repeatedly reintroduced, or in the words of Robert's Rules of Order Newly Revised "renewed," by their proponents in meetings of the board after they have been defeated, and:
(a) the substance of the ordinance, resolution or motion has not changed; or
(b) the circumstances supporting the reintroduction or renewal of the ordinance, resolution or motion in question is not justified by any change in the circumstances between the time of its defeat and its reintroduction or renewal; and

WHEREAS, it is within the authority of the city to impose a reasonable time limit before which such defeated ordinances, resolution, and motions can be reintroduced or "renewed.”

NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen of Decatur, Tennessee that:

Section 1. The Decatur code book is amended by adding the following:

1-105. Re-introduction of Failed Motions to Adopt Resolutions and Ordinances. Pursuant to section 1-104 of this code, failed motions to adopt a resolution or ordinance may not be re-introduced, unless significantly different from the original, until a period of _____ time has passed which represents a difference in the time or circumstances from which the original law was proposed for adoption.

Section 2. If any section, phrase, sentence or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of remaining portions thereof.

Section 3. This ordinance shall take effect upon its final passage, the public welfare requiring it.

1st Reading: ____________________________

Final Reading: __________________________
___________________________________
Mayor

ATTEST: _____________________________
City Recorder

Approved as to form: ___________________________
City Attorney

Please remember that this ordinance was drafted based upon the drafting requirements and authority granted to a particular city or town in its charter and in general law. These drafting requirements and the authority exercised in this ordinance might not apply to your city or town.

Please confer with your city attorney or an MTAS legal consultant, or both, before using this ordinance as a model.