oama@lists.imla.org

Oklahoma Association of Municipal Attorneys

View all threads

Repeal and amendment of ordinance

JO
Jones, Orval E
Fri, Nov 22, 2024 6:40 PM

Once an ordinance has been codified, the amendment of the ordinance will be an amendment of the codified ordinance, not an amendment of the adopted ordinance that was later codified.

If the ordinance to be amended has not been codified, but was itself an amendment of a codified ordinance, the procedure is to further amend the codified ordinance "as previously amended" by the recent amending ordinance.

Repeal of a codified ordinance does not require an additional repeal of the adopting ordinance that was later codified.

Orval Jones
City of OKC

-----Original Message-----
From: oama-request@lists.imla.org oama-request@lists.imla.org
Sent: Friday, November 22, 2024 9:50 AM
To: oama@lists.imla.org
Subject: Oama Digest, Vol 60, Issue 9

Send Oama mailing list submissions to
oama@lists.imla.org

To subscribe or unsubscribe via email, send a message with subject or body 'help' to
oama-request@lists.imla.org

You can reach the person managing the list at
oama-owner@lists.imla.org

When replying, please edit your Subject line so it is more specific than "Re: Contents of Oama digest..."

Today's Topics:

  1. Drafting Ordinances (Jared Harrison)

Message: 1
Date: Fri, 22 Nov 2024 15:49:54 +0000
From: Jared Harrison jared.harrison@hmlawoffice.com
Subject: [Oama] Drafting Ordinances
To: "oama@lists.imla.org" oama@lists.imla.org
Message-ID:  <SA1PR17MB4833EC328F3F0F01C1E888938E232@SA1PR17MB4833.nam
prd17.prod.outlook.com>
Content-Type: multipart/related;        boundary="004_SA1PR17MB4833EC
328F3F0F01C1E888938E232SA1PR17MB4833namp
";
type="multipart/alternative"

Good Morning:

I'm helping one of my municipalities draft an ordinance and their proposed draft differs from how I would normally make the changes, but before I suggested that they conform to my way of thinking I wanted to see if I'm just being overly picky.

Normally, when I'm drafting ordinances, I always refer to the sections of the code that I am amending or updating. They are referring to an old ordinance that is being repealed and replaced with new language. However, the old ordinance has been fully included in the code with code sections thanks to an intervening recodification. So, my recommendation was going to be to change the reference to the old ordinance to refer to the code sections that the old ordinance actually became.

Am I being overly particular on that or am I sound in making that suggestion?

Thanks,

Jared Harrison
Harrison & Mecklenburg, Inc.
202 N. 6th Street
P.O. Box 658
Kingfisher, OK 73750
(Phone) 405-375-6484
(Fax) 405-375-6413
Email: jared.harrison@hmlawoffice.commailto:jared.harrison@hmlawoffice.com
Website: http://www.hmlawoffice.com/http://www.hmlawoffice.com/
HM

[AY8OaK+2H4ydAAAAAElFTkSuQmCC]

CONFIDENTIALITY NOTICE:  This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.

Once an ordinance has been codified, the amendment of the ordinance will be an amendment of the codified ordinance, not an amendment of the adopted ordinance that was later codified. If the ordinance to be amended has not been codified, but was itself an amendment of a codified ordinance, the procedure is to further amend the codified ordinance "as previously amended" by the recent amending ordinance. Repeal of a codified ordinance does not require an additional repeal of the adopting ordinance that was later codified. Orval Jones City of OKC -----Original Message----- From: oama-request@lists.imla.org <oama-request@lists.imla.org> Sent: Friday, November 22, 2024 9:50 AM To: oama@lists.imla.org Subject: Oama Digest, Vol 60, Issue 9 Send Oama mailing list submissions to oama@lists.imla.org To subscribe or unsubscribe via email, send a message with subject or body 'help' to oama-request@lists.imla.org You can reach the person managing the list at oama-owner@lists.imla.org When replying, please edit your Subject line so it is more specific than "Re: Contents of Oama digest..." Today's Topics: 1. Drafting Ordinances (Jared Harrison) ---------------------------------------------------------------------- Message: 1 Date: Fri, 22 Nov 2024 15:49:54 +0000 From: Jared Harrison <jared.harrison@hmlawoffice.com> Subject: [Oama] Drafting Ordinances To: "oama@lists.imla.org" <oama@lists.imla.org> Message-ID: <SA1PR17MB4833EC328F3F0F01C1E888938E232@SA1PR17MB4833.nam prd17.prod.outlook.com> Content-Type: multipart/related; boundary="_004_SA1PR17MB4833EC 328F3F0F01C1E888938E232SA1PR17MB4833namp_"; type="multipart/alternative" Good Morning: I'm helping one of my municipalities draft an ordinance and their proposed draft differs from how I would normally make the changes, but before I suggested that they conform to my way of thinking I wanted to see if I'm just being overly picky. Normally, when I'm drafting ordinances, I always refer to the sections of the code that I am amending or updating. They are referring to an old ordinance that is being repealed and replaced with new language. However, the old ordinance has been fully included in the code with code sections thanks to an intervening recodification. So, my recommendation was going to be to change the reference to the old ordinance to refer to the code sections that the old ordinance actually became. Am I being overly particular on that or am I sound in making that suggestion? Thanks, Jared Harrison Harrison & Mecklenburg, Inc. 202 N. 6th Street P.O. Box 658 Kingfisher, OK 73750 (Phone) 405-375-6484 (Fax) 405-375-6413 Email: jared.harrison@hmlawoffice.com<mailto:jared.harrison@hmlawoffice.com> Website: http://www.hmlawoffice.com/<http://www.hmlawoffice.com/> HM [AY8OaK+2H4ydAAAAAElFTkSuQmCC] CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.