Changes to Existing Law

The action of the board on the plan shall be filed with the county auditor. A notice18 of fact of the adoption shall be published once in a legal newspaper of the county and take. The plan takes effect on the twentieth fiftieth day after its publication of the plan's adoption unless20 the referendum is invoked. Any notice of fact of adoption published under the provisions of this21 chapter shall contain a notification that the public may inspect the entire comprehensive plan22 at the office of the county auditor during regular business hours. If such a the zoning or subdivision ordinance is adopted, the ordinance is subject to the24 - 5 -HB 1115 provisions of § 7-18A-5 as a comprehensive regulation unless the referendum is invoked.

After the hearing, the board shall by resolution or ordinance, as appropriate, either3 adopt or reject the amendment, supplement, change, modification, or repeal, with or without4 changes. Consideration of any changes to the proposed amendment, supplement, change, modification, or repeal may only be done if the time and place of the hearing is published at6 least ten days in advance in a legal newspaper of the county. If adopted, the board shall publish7 a notice of the fact of adoption once in a legal newspaper of the county and take. The adoption takes effect on the twentieth fiftieth day after publication. The provisions of § 11-2-22 are9 applicable to this section.

The board's decision to incorporate the special zoning area may be referred to a12 vote of the qualified voters of the proposed special zoning area pursuant to §§ 7-18A-17 to 7- 18A-24, inclusive. The qualified voters of the proposed special zoning area may refer the14 decision within twenty fifty days after its the decision's publication by filing a petition signed15 by five percent of the registered voters in the special zoning area, based upon the total number16 of registered voters at the last preceding general election. The filing of a valid petition requires17 the submission of the decision to incorporate the special zoning area to a vote of the qualified18 voters of the proposed special zoning area for its the decision's rejection or approval. The19 effective date of the incorporation of the special zoning area on which a referendum is to be held20 shall be suspended by the filing of a referendum petition until the referendum process is21 completed.22

Except such resolutions or ordinances as may be any resolution or ordinance necessary for the immediate preservation of the public peace, health, or safety, or support of the5 municipal government and its existing public institutions, or which provide that provides for an6 election or for hearing on an improvement or assessment or which call that calls for bids, which that take effect upon the passage and publication thereof, every of the resolution or ordinance, each resolution or ordinance passed by the governing body shall take effect on the twentieth thirty-fifth day after its publication unless suspended by operation of a referendum.

Upon the adoption of an ordinance which that revises the ordinances of the12 municipality by the governing body, the auditor or clerk shall publish a notice of the adoption13 of the revised ordinances once in the official newspaper. Twenty Thirty-five days after the14 completed publication of the notice, unless the referendum is invoked, the ordinance shall become becomes effective without publication in a newspaper. The governing body may publish the revised ordinances in book form. The auditor or clerk17 shall furnish a free copy of the book or the revised ordinances to the circuit clerk of court and18 the county law library of each county in which the municipality is situated.

The title of all ordinances each ordinance shall be read twice with at least five days16 intervening between the first and second reading. The ordinance shall be signed by the mayor17 or acting mayor or president of the Board of Trustees, filed with the auditor or clerk, and18 published once except that. However, an ordinance incorporating and adopting comprehensive19 regulations or a code promulgated, approved, and published by a recognized and established20 national organization prescribing building, electrical, plumbing, safety, fire, health, or milk21 regulations need not be published in a newspaper, but upon. Upon adoption of such an22 ordinance the auditor or clerk shall publish a notice of the fact of adoption once a week for two23 successive weeks in the official newspaper, and twenty thirty-five days after the completed24 - 3 -HB 1115 publication of such the notice, unless the referendum shall have has been invoked, such the ordinance shall become becomes effective.

The required number of voters residing in any municipality may file within twenty thirty-five days after the publication of any ordinance or resolution subject to referendum a22 petition with the auditor or clerk, requiring the submission of any such the ordinance or23 resolution to a vote of the voters of the municipality for its rejection or approval. If filed on the24 - 4 -HB 1115 twentieth thirty-fifth day after publication, such the petitions shall be filed no later than normal1 closing hours of the city hall or city auditor's office on said twentieth day.

A municipal corporation, which that operates its own electric distribution system, whether or not a member of a municipal power agency, may by resolution of its city council and5 utility board, if any, enter into a contract or contracts with one or more municipal power6 agencies for the purchase, sale, exchange, or transmission of electric energy extending for such a term of years and with such provisions for the charges made thereunder in the contract as8 determined in the authorizing resolution or resolutions. Every Each resolution adopted in9 accordance with this section shall be published in the official newspaper of the first or second10 class municipality. No action may be brought and no defense may be interposed in an action11 brought more than twenty thirty-five days after publication of the resolution, placing at issue the12 validity of any provision of the resolution or the power of the municipality to make any contract13 or incur any obligation authorized thereby. The provisions of §§ 9-39-36 to 9-39-39, inclusive, shall do not apply to the resolutions or contracts any resolution or contract made pursuant to this section.

The required number of voters residing in the combined area of the municipality10 and special annexation precinct may file within twenty thirty-five days after the publication of11 the annexation resolution a petition with the municipal finance officer, requiring the submission12 of the annexation resolution to a vote of the voters of the combined area of the municipality and13 special annexation precinct for its the resolution's rejection or approval.