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RulesCommunications Highlights 2010 1123
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RulesCommunications Highlights 2010 1123
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12/2/2010 3:53:32 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Committee Highlights
Document Date (6)
11/23/2010
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_CC Agenda 2010 1206
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\City Clerk\City Council\Agenda Packets\2010\Packet 2010 1206
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SECTION XI <br /> RESOLUTIONS, AND ORDINANCES AND MINUTE <br /> ORDERS <br /> DEFINITIONS <br /> As a rule, it can be said that legislative acts of the City Council (usually a rule of public <br /> conduct for long -term application) are taken by "ordinance," whereas more routine <br /> business and administrative matters (usually more temporary and transitory in nature) are <br /> accomplished by "resolutions." The term "resolution" in its general sense will denote <br /> any action taken affirmatively via a vote of the Council, other than one taken by <br /> ordinance, which is memorialized in a separate document. In this City, however, two <br /> methods of action are in general use to accomplish such non - ordinance actions: <br /> "resolution" and "motion" (the latter recorded by minute order). The two are equally as <br /> legally effective and binding; they vary in the formality of respective memorialization. <br /> The more formal is referred to as a "resolution." This, in addition to being referenced in <br /> the minutes, will be recorded by a separate document, numbered in sequence and <br /> preserved in a separate set of books. Such "resolutions" are used in this City for various <br /> reasons, such as when specifically required by law, when needed as a separate <br /> evidentiary document to be transmitted to another governmental agency, or where the <br /> frequency of future reference back to its contents warrants a separate document (with the <br /> additional "whereas" explanatory material it often recites) to facilitate such future <br /> reference and research. <br /> • The "motion" (assuming it was one which passed) is a Council action which is recorded <br /> simply by a numbered Minute Order, as well as by an item entry in the minutes of the <br /> meeting at which it was accomplished, and no separate claw-- - <br /> it. In this City, procedural actions (such as a motion to continue a hearing) are always <br /> done by motion, and, in addition, many administrative matters (such as directing the City <br /> Manager to furnish a report) are done by motion. <br /> METHOD OF ACTION <br /> Actions of the City Council shall be taken by ordinance, resolution or motion. (San <br /> Leandro Municipal Code, Section 1 -1 -300) <br /> An ordinance or resolution may be adopted by a motion, and shall require the affirmative <br /> votes of a majority of the entire Council membership. (San Leandro Municipal Code, <br /> Section 1 -1 -305) <br /> ORDINANCES AND RESOLUTIONS: READING <br /> At the time of its introduction or adoption, an ordinance or resolution shall be read by <br /> title only, unless a Council Member or the Mayor requests that the ordinance or <br /> resolution be read in full. Any matter designated as a consent item regularly appearing <br /> XI- I <br />
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