8.2 Publication of Ordinances
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
07/23/2012 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
8
NO:
BY:
CITY ATTORNEY
FINAL APPROVAL:
ITEM
NO:2
BY: GREG BENGTSON BY:
Page 1
ITEM:
Request for direction to staff rega rding potential implementation of publication of regular ordinances
by summary and whether to continue to require two readings of regular ordinances as a result of
elimination of State law requirement
BACKGROUND:
Publication of ordinances by summary
Historically, regular ordinances have been required by State law to be published in full. Based upon
an agreement between the League of Kansas Municipalities (LKM) and the Kansas Press
Association, the 2012 Kansas Legislature adopted House Bill No. 2166 amending K.S.A. 12-3007 to
give cities the option of publication by summary as long as: (1) the summary explains that it is a
“summary” and that the full text of the ordinance may be obtained from the office of the city clerk; (2)
the city attorney certifies that the summary is legal accurate and sufficient; and (3) the publication
includes the city’s official website address where a copy of the of the original ordinance is available to
the public for a minimum of one week following the summary publication in the newspaper. If the
governing body wishes to utilize the publication by summary option, staff should be directed to prepare
a resolution implementing the transition.
Number of readings for approval of regular ordinances
In a related, but lesser publicized step, House Bill No. 2166 also repealed the following from K.S.A.
12-3001:
That in commission cities of the first class no ordinance other than one providing for the
appropriation of funds, shall be passed finally on the day it is introduced, except in the case of
public emergency, and then only when requested by the mayor in writing, but no ordinance
granting a franchise or special privilege shall ever be passed as an emergency measure.
Salina is one of fifteen commission-manager cities in the state of Kansas. The language above has
been the basis for the City’s two-reading requirement for regular ordinances.Legal staff of the League
of Kansas Municipalities has confirmed legal counsel’s conclusion that the repeal of this language
leaves the Governing Body in a position to determine whether consideration of regular ordinances
should involve one reading, two readings, or any other procedure the Governing Body might wish to
implement. Staff seeks direction from the Governing Body, to be followed by preparation of the
appropriate action for consideration at a subsequent meeting.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
07/23/2012 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
8
NO:
BY:
CITY ATTORNEY
FINAL APPROVAL:
ITEM
NO:2
BY: GREG BENGTSON BY:
Page 2
FISCAL NOTE:
Transitioning to publication of regular ordinances by summary will result in considerable savings in
publication costs. The capacity currently exists to display the full text of the ordinances on the City’s
website .Based upon the City’s experience over the last five years, the City Clerk projects an annual
savings of approximately $30,000.
COMMISSION ACTION OR RECOMMENDED ACTION:
Staff recommends transitioning to publication of regular ordinances by summary. Staff does not have
a recommendation regarding the Governing Body’s preferred process for consideration of regular
ordinances.