Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 38
Procedure after passage of ordinance
Second Class Cities (SCC) CHAPTER 53, ARTICLE 4
§ 38. Procedure after passage of ordinance. Every ordinance of the
common council shall immediately after its passage be separately
engrossed and signed by the president and attested by the clerk. The
clerk shall thereupon present the same to the mayor. If the mayor
approve it he shall sign it and return it to the clerk, and the
ordinance shall thereupon take effect. If he disapprove it, he shall
return it to the clerk with his objections stated in writing, and the
clerk shall present the same with such objections to the common council
at its next regular meeting. The common council may, within thirty days
thereafter, reconsider the same; if, after such reconsideration,
three-fourths of all the members of the common council shall vote to
pass the ordinance the same shall take effect notwithstanding the
objections of the mayor, unless a greater number of members were
necessary according to the provisions of this chapter for the original
passage of the ordinance, in which case unless as many members as were
requisite for the original passage of the ordinance shall vote to pass
the ordinance it shall not take effect. If any ordinance shall not be
returned by the mayor to the clerk within ten days after it shall have
been presented to him, or if such ordinance shall be returned within
such period without the mayor's approval or disapproval, the same shall
take effect in like manner as if the mayor had approved and signed it.
If any ordinance presented to the mayor contains several items of
appropriation of money or embraces more than one distinct subject, the
mayor may approve the provisions relating to one or more items or one or
more subjects and disapprove the others. In such case those items or
subjects which he shall approve shall take effect and he shall append to
the ordinance at the time of signing it a statement of the items or
subjects which he disapproves and said items or subjects so disapproved
shall not take effect. He shall return to the clerk a copy of such
statement and the items or subjects disapproved may be separately
reconsidered by the common council and shall only become effective if
again passed by it as above provided. All the provisions of this section
in relation to ordinances disapproved by the mayor shall apply in cases
in which he shall disapprove any item or subject contained in an
ordinance appropriating money or embracing more than one distinct
subject.