2013 -- S 0906

=======

LC02311

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

AMENDING THE CHARTER OF THE TOWN OF NORTH PROVIDENCE

     Introduced By: Senators Archambault, Ruggerio, Ciccone, Nesselbush, and E O`Neill

     Date Introduced: May 02, 2013

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 2-2-2 of Article 2 of Chapter 23 of the Public Laws of 1973,

1-2

entitled “An Act to Incorporate the town of North Providence” as amended, is hereby further

1-3

amended to read as follows:

1-4

     2-2-2. Procedure.- (a) Ordinances and resolutions shall be introduced only in written or

1-5

typed form.

1-6

     (b) Ordinances and resolutions shall be introduced by a council member, council

1-7

committee, the mayor or on petition of at least twenty-five qualified electors and its title and

1-8

contents shall be read at such meeting.

1-9

     (c) Upon majority vote of the council, a proposed ordinance or resolution shall be

1-10

published by a paid advertisement in a newspaper of general circulation in the town, or as

1-11

otherwise provided by state law or local ordinance, within ten (10) days after its introduction.

1-12

     (d) No ordinance other than an emergency ordinance as defined in section 2-1-6(d) of this

1-13

charter, shall be acted upon at the same regular or special meeting in which it is introduced nor at

1-14

a subsequent meeting held sooner than fifteen (15) days after its introduction, All ordinances and

1-15

resolutions including emergency ordinances and resolutions must be accompanied by a fiscal

1-16

impact note. Any ordinance or resolution that does not incur a monetary outlay does not require a

1-17

fiscal impact note. A fiscal impact note will be prepared by the finance committee of the town

1-18

council. The note will be submitted within thirty (30) days of introduction of any such ordinance

1-19

and/or resolution. The finance committee at its discretion may request from the finance director

1-20

data or any other pertinent information which will assist the committee in the formation of said

2-1

fiscal impact note.

2-2

     (e) Every ordinance or resolution shall be reported at the next regular or special meeting

2-3

held at least fifteen days after its introduction with a recommendation as to action to be taken

2-4

thereon. The council may defer action pending further study, but it shall provide that action shall

2-5

be taken thereon for passage or rejection of the same, and such action shall be taken no later than

2-6

the second subsequent regular meeting thereafter.

2-7

     (f) All ordinances and resolutions, except the annual budget, general codifications and

2-8

revisions thereof shall contain only one subject clearly adequately expressed and titled.

2-9

     (g) No ordinance or resolution shall be so amended on passage as to change its original

2-10

purpose.

2-11

     (h) Ordinances for the annual budget and any supplemental appropriation shall be

2-12

confined to the subject of appropriations.

2-13

     (i) The town clerk shall number serially each ordinance and resolution upon introduction,

2-14

and upon passage of the same he shall make them available, together with any amendments

2-15

thereto, in his office.

2-16

     (j) The town clerk shall furnish to each council member and to the mayor within a

2-17

seventy-two hours after its introduction a copy of each ordinance and resolution introduced.

2-18

     (k) An emergency ordinance shall relate only to the emergency matter for which the

2-19

emergency meeting is held and such ordinance may be enacted at the same meeting in which it is

2-20

introduced.

2-21

     (l) No ordinance or resolution shall be passed until after it is read unless a majority of the

2-22

council members present votes to dispense with the reading in which case only the title need be

2-23

read along with a statement as to its contents.

2-24

     (m) The council or a committee thereof shall hold at least one public hearing on all non-

2-25

budgetary ordinances, other than emergency ordinances, and resolutions, if at least twenty-five

2-26

qualified electors submit a petition to the town clerk at least forty-eight hours before the passage

2-27

of such ordinance or resolution to request the public hearing, and in such event action thereon

2-28

shall be deferred and public notice of the hearing shall be given in a newspaper of general

2-29

circulation in the town, or as otherwise provided by state law or local ordinance, at least one not

2-30

less than three calendar days prior to the holding of such hearing.

2-31

     (n) No ordinance or resolution shall be enacted until and unless the solicitor approves the

2-32

same as to form and legality.

2-33

     (o) Not later than twenty-four hours after its passage, the town clerk shall submit the

2-34

ordinance or resolution to the mayor.

3-1

     (p) Within seven days after its passage, the mayor shall affix his signature to an ordinance

3-2

or resolution and it shall thereupon, or at some other time fixed therein, become effective or he

3-3

shall return it to the council through the town clerk within such period stating his objections

3-4

thereto. Failure to take such action within the period of seven days shall result in automatic

3-5

approval with the same effect as if the mayor had affixed his signature thereto.

3-6

     (q) In the event the mayor returns an ordinance or resolution to the council, action shall

3-7

be taken thereon at the next regular or special meeting and the veto thereof may be overridden by

3-8

a vote of no less than a majority plus one of the members of the council and thereupon or at the

3-9

time fixed therein, it shall become effective.

3-10

     (r) No ordinance affecting zoning and/or planning for usage of land or the erection of

3-11

public works of any kind shall be enacted without first receiving an advisory opinion of the

3-12

planning board.

3-13

     (s) Upon enactment of any ordinance, the town clerk shall give notice to any office,

3-14

department or other agency charged with the enforcement or with the implementation thereof

3-15

within twenty-four hours of its final passage.

3-16

     SECTION 2. This act shall take effect upon passage.

=======

LC02311

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

AMENDING THE CHARTER OF THE TOWN OF NORTH PROVIDENCE

***

4-1

     This act would amend the procedures within the Town Charter of North Providence

4-2

calling for notice in accordance with state laws or local ordinances.

4-3

     This act would take effect upon passage.

=======

LC02311

=======