Town attorney: Council will follow formal reading in January to pass zoning ordinance


  Town of Terry Attorney David Freedman announced during Thursday’s regular council meeting held last week that the council will be undertaking a formal reading of the proposed zoning ordinance in January in order to adopt the measure. The first reading will be held January 9, during the council’s regularly scheduled meeting, with a second reading following in a special meeting, to be held within 12 days of the first reading.

The decision came after a letter was received by town representatives questioning the council’s action of adopting the zoning ordinance through resolution. An action the council took during a December 3 meeting in order to adopt the zoning ordinance.
“Resolutions and ordinances are two completely different types of legislation,” the letter reads. “A local legislative body either passes a resolution or passes an ordinance; it cannot pass a resolution that adopts an ordinance. In other words, a resolution cannot be used as a tool to avoid the procedural requirements governing all ordinances.”
The two-page letter, dated Dec. 5, was written by a Miles City attorney representing FAB Terry, a local ballot issue committee, that was recently formed in opposition to the town’s zoning proposal.

Published December 18, 2013

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