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Procedure and which then states that the ordinance so des-
<br /> cribed is repealed. Repealing ordinances must also
<br /> M.S. 412.191, Subd. 4 contains the procedural meet all the requirementsset forth in M.S. 412.191,
<br /> requirements for the enactment of ordinances in Subd, 4.
<br /> all statutory cities. It provides in part that all
<br /> ordinances must be: (1) enacted by a majority Resolutions
<br /> vote of all members of the council, except where
<br /> a larger number is required by law; (2) signed The publication (or posting) of resolutions is
<br /> by the mayor and attested by the clerk; (3) pub- not required. (Davis v. Village of Madelia, 205
<br /> lished once in the official newspaper. Minn. 526 at 535, 287 N:W. 1, 1939; A.G. Op.
<br /> March 1, 1937.) In the Madelia case, the court
<br /> This section also requires proof of publication held that the requirements of signing, attesting and
<br /> to be attached and filed with the ordinance and publication of an ordinance do not apply to resolu-
<br /> the recording of the ordinance in the ordinance tions. Statutory cities have authority to publish
<br /> book within 20 days after its publication.To pass, official proceedings, including resolutions and
<br /> 4n ordinance requires a majority vote of all of motions, under M.S. 412.191, Subd. 3, but such
<br /> the members of the council. A resolution may be publication is entirely voluntary.
<br /> passed by a majority vote of those voting on the
<br /> proposal. (See A.G. Op. February 2, 1942; A.G. A resolution enacted by a city council with the
<br /> Op. 471-6, January 19, 1945; A.G. Op. 396g-16, same formalities required for the enactment of an
<br /> October 15, 1957.) ordinance has the same effect as an ordinance.
<br /> (See A.G. Op, 477a-1, March 17, 1967.)
<br /> It is not required that there be several readings
<br /> of proposed ordinances (as in many charter cities) Cities may not, however, avoid the publication
<br /> ancj no specified time must lapse between intro- requirements for ordinances by legislating in the
<br /> duction of the ordinance and final passage. The form of a resolution. The Minnesota Supreme
<br /> statutes permit an ordinance to be introduced and Court has indicated that it will not be guided by
<br /> passed at a single meeting. Requirements for terminology in this field. See Steenerson v. Fon-
<br /> two or three readings with the lapse of a specified taine, 106 Minn. 225 at 227, 119 N.W.400 (1908)
<br /> time between readings are often included in by- stating that, "Where . . . the resolution is passed
<br /> laws, however. Under M.S. 412.191 , Subd. 2 the with all the formality of an ordinance, it thereby
<br /> council is authorized to regulate the mode of its becomes a legislative act, and it is immaterial whe-.
<br /> own procedure. ther it be called an ordinance or a resolution."
<br /> Conversely, if a resolution is in effect a legisla-
<br /> Amendment tive act, it must be adopted with all the formality
<br /> of an ordinance, including proper publication.
<br /> Amending statutory city ordinances requires (See McQuillin Municipal Corporations, vol. 5,
<br /> the same procedures which must be followed in 3rd ed. 1949,sec. 15.02.)
<br /> passing a new ordinance as set forth in M.S.412.191,
<br /> Subd. 4. If the ordinance to be amended is short Adoption by Reference
<br /> or numerous changes are to be made, the usual
<br /> and most desirable practice is to_repass the entire _ M.S. 471 .62 provides that cities may incor-
<br /> ordinance in its amended form, repealing the old porate in an ordinance by reference any statute
<br /> ordinance in a separate section of the new ordi- of Minnesota, any administrative rule or regula-
<br /> nance. If the amended ordinance is extremely long, tion of any department of the State of Minnesota
<br /> an amending ordinance may be passed which sets affecting the municipality, or any code. Any muni-
<br /> forth, in amended form, only the section or subsec- cipality stituated wholly or partly within 20 miles
<br /> tion being changed. An amending ordinance should of the limits of a first class city (Minneapolis,
<br /> be labeled as such and should state the ordinance St. Paul or Duluth) may also adopt by reference
<br /> and the section or sections being changed. To any ordinance of such first class city or of any
<br /> eliminate confusion, single word or single sentence contiguous first class city regulating the con-
<br /> amending should be avoided, and the entire section struction, alteration, repair, or maintenance
<br /> or subsection should be amended. or buildings or the installation of equipment.
<br /> (This authority to adopt first class city ordinances
<br /> Repeal by reference must now be exercised in conformity
<br /> with the uniform state building code law.)
<br /> Ordinances are repealed by passing another ordi-
<br /> nance which states in its body the title, number, All requirements of statutes and charters for
<br /> subject, and date of the ordinance being repealed, the publication or posting of ordinances are
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