Charter of the City of Stockton

ARTICLE V
CITY COUNCIL ACTIONS

---

SECTION 500. Actions

The City Council shall act only by ordinance, by resolution, or by motion. The individual vote of each member of the City Council shall be entered in the minutes of the City Council, except that where a vote is unanimous, it may be so recorded. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk.

(Amended Election 11/8/94 effective 5/22/95)

SECTION 501. Ordinance

Every proposed ordinance shall be in writing in the form required for adoption. Each ordinance shall contain a title which shall state in general terms the subject or subjects contained in the ordinance.

SECTION 502. Repeals or Amends

Any ordinance which repeals or amends an existing ordinance shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matters to be omitted by inclusion in brackets or by strikeout type and shall indicate new matters by underscoring, italics, or other clearly distinguishable means.

(Amended Election 11/8/94 effective 5/22/95)

*See Historical Notes at end of Article
SECTION 503. Majority Votes

No ordinance or resolution shall become effective without receiving the affirmative votes of a majority of the members of the City Council, except as otherwise specifically provided in this Charter.

(Amended Election 11/8/94 effective 5/22/95)

SECTION 504. Actions by Ordinance

In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the City Council shall be by ordinance which:

(a) Adopt a municipal code or establish or abolish any City department;

(b) Establish a rule or regulation for violation of which a fine or other penalty can be imposed;

(c) Establish procedures for the adoption of fees;

(d) Levy a tax or regulate the rate charged for its services by a public utility;

(e) Establish or change zoning designations; and

(f) Amend or repeal any ordinance previously adopted.

Acts other than those referred to in the preceding sentence may be done by ordinance, resolution, or motion.

SECTION 505. Public Hearing

A public hearing shall be held by the City Council before taking final action on any ordinance, resolution, or motion establishing any tax, assessment, or fee schedule.

(Amended Election 11/8/94 effective 5/22/95)

SECTION 506. Publication of Title

Except as otherwise provided in this Charter, and with the exception of ordinances which take effect immediately upon adoption as hereinafter referred to in this article, no ordinance shall take effect unless the title of the ordinance is published as hereinafter provided in this section.

The title of an ordinance shall be deemed to have been "published," as said term is used in this section if such title is printed in a newspaper of general circulation in the City at least once before its effective date. No part of any ordinance or proposed ordinance, other than its title, need be published.

Ordinances which take effect immediately upon adoption as provided in this Charter shall be published once by title within ten (10) days after their adoption.

(Amended Election 11/8/94 effective 5/22/95)

SECTION 507. Thirty Days After Passage

Except as otherwise provided in this Charter, no ordinance passed by the City Council shall go into effect before thirty (30) days after the time of its final passage.

(Amended Election 11/8/94 effective 5/22/95)
SECTION 508. Exceptions

The preceding section 507 shall not apply to (1) ordinances establishing taxes, assessments, or fee schedules; (2) ordinances in proceedings under the general laws of the state for street work or improvements, or in any case where the procedure must be or is under such laws; or (3) ordinances for the immediate preservation of the public peace, health, or safety, which contain a statement of urgency and are passed by a vote of two-thirds (2/3) of the members of the City Council.

(Amended Election 11/8/94 effective 5/22/95)

SECTION 509. Codified and Reproduced

The City Council may cause ordinances to be codified and reproduced in book, pamphlet, loose-leaf, or other format for the use of the City, its officers, and the public.

(Amended Election 11/8/94 effective 5/22/95)

SECTION 510. Lease or Sale of Real Property

Prior to any action by the City Council for the lease or sale of City's real property, notice shall be published in the official newspaper of the City at least ten (10) days before such action is taken. In the case of leases of City's real property, said notice shall contain the name of the lessee, the term of the lease, the amount of the rental and a general description of the property to be leased. The authorizing resolution shall state explicitly the terms and conditions of the proposed lease; provided, that no lease of City's real property shall be for a longer period than fifty-five (55) years. In the case of the sale of City's real property, notice shall state explicitly the terms and conditions of the proposed sale as well as the names of the parties to the transaction, the amount of the sale, and a general description of the property. The authorizing resolution shall state or incorporate by reference the terms and conditions of the proposed transaction as well as a legal description of such property.

(Amended Election 11/8/94 effective 5/22/95)

SECTION 511. Proceedings Permitted by Law

Except as otherwise provided in this article, the City Council may proceed in any matter permitted or required by law.

(Amended Election 11/8/94 effective 5/22/95)

 

Historical Notes:

* Article V added Election 11/3/92 effective 1/13/93. Prior history includes Election 5/31/32 effective 1/24/33; Election 10/14/47 effective 3/3/48; Election 10/11/49 effective 12/19/49; Election 10/12/65 effective 11/1/65; Election 10/12/71 effective 12/6/71; Election 6/5/84 effective 6/26/84; Election 6/2/92 effective 12/2/92.

* Title added Election 11/8/94 effective 5/22/95