[RP TownTalk] EXT : Class: Differences between Resolutions and Ordinances

[McDougall, Sherene (Law)]

Thanks Bob for the information.  

One of Monday's worksession discussion items will be Ordinance 2016-OR-04 regarding Jey’s Auto – Repeal of Authorization for Acquisition by Eminent Domain.  Based on your email explanation below, I am assuming that the ordinance that will be repealed will be - the April 21, 2013 Ordinance 2013-OR-03 that was signed into law requiring the town to acquire Jey's Auto property by eminent domain.

Looking forward to tomorrow's agenda talk with our new Councilwoman.  Thanks.

Sherene

-----Original Message-----
From: towntalk-bounces at riverdale-park.org [mailto:towntalk-bounces at riverdale-park.org] On Behalf Of bob smith
Sent: Friday, June 17, 2016 11:34 AM
To: towntalk at riverdale-park.org
Subject: EXT :[RP TownTalk] Class: Differences between Resolutions and Ordinances

I thought I knew the difference, but this link explains it in greater detail and exactness.

> http://municipal.uslegal.com/ordinances-resolutions-and-other-legislat
> ion/

From the link above, a quick quote and explanation of the differences:

A local ordinance is a municipal legislative enactment.  An ordinance passed in pursuance of express legislative authority is a law and has the same effect as a local law, and it may prevail over a general law upon the same subject[iii].  Therefore, an ordinance is equal to a municipal statute and it governs matters not already covered by federal or state law.


Whereas, a resolution encompasses all actions of the municipal body other than ordinances.  A resolution deals with matters of a special or temporary character and an ordinance prescribes some permanent rule of conduct or government to continue in force until the ordinance is repealed.  An ordinance is a legislative act and a resolution is an expression of opinion or mind or policy concerning some particular item of business coming within the legislative body’s official cognizance[vi].  It is to be noted that an ordinance can be repealed only by another ordinance and not by resolution[vii].

bob smith
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