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