12-10649 Publication of OrdinancesSummary published in the Salina Journal on August 117 , 2012
Published on the City of Salina's website from FAugust 20 to September 3, 2012.
ORDINANCE NUMBER 12-10649
AN ORDINANCE AMENDING CHAPTER ONE OF THE SALINA CODE IN
RELATION TO ORDINANCES BY ADDING SECTION 1-5.1 REGARDING
CONSIDERATION OF ORDINANCES AND SECTION 1-5.2 REGARDING
w PUBLICATION OF ORDINANCES.
WHEREAS, K.S.A. 12-3001 and 12-3007 address consideration and publication of
' a ordinances of a city, respectively; and
WHEREAS, the 2012 Kansas Legislature enacted House Bill No. 2166 amending K.S.A.
12-3001 and 12-3007; and
WHEREAS, House Bill 2166 amended K.S.A. 12-3001 to make it uniformly applicable to
all cities; and
WHEREAS, House Bill No. 2166 amended K.S.A. 12-3007 to allow for publication of
summaries of regular ordinances in the official city newspaper as long as the summary explains: (1)
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; and
WHEREAS, House Bill No. 2166 is intended to reduce publication costs incurred by cities; and
WHEREAS, the Governing Body desires to provide for the consideration and publication of
ordinances consistent with state law as amended by House Bill No. 2166 enacted by the 2012
Kansas Legislature.
13E IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment of Chapter One of the Salina Code. Chapter One of the Salina Code
is amended to add the following new section 1-5.1:
Sec. 1-5.1. Consideration of ordinances.
(a) All ordinances of the city shall be introduced and considered on first reading at a public
meeting of the governing body and considered for passage on second reading at a
subsequent public meeting of the governing body conducted on a different day than first
reading, subject to the following exceptions:
(1) An ordinance providing for the budgeting and/or appropriation of funds shall be
considered for final passage on the day it is introduced;
(2) Where a state statute provides a different procedure for passage of an ordinance for a
specific purpose; or
(3) An ordinance may be considered for passage on second reading on the same day it is
introduced and considered on first reading when warranted by a compelling public
purpose, as declared by a vote of the governing body. In order to pass, a motion to
declare that a compelling public purpose exists must receive the same number of
votes in favor of the motion as are necessary to pass the ordinance on second
' reading.
(b) No ordinance shall be considered for passage on second reading unless it shall have
received the same number of votes in favor of the ordinance when considered on first
reading as are necessary to pass the ordinance on second reading.
Section 2. Amendment of Chapter One of the Salina Code. Chapter One of the Salina Code
is amended to add the following new section 1-5.2:
Sec. 1-5.2. Publication of ordinances.
(a) The city clerk shall cause to be published in their entirety and for the number of times
required by state law, all charter ordinances or other ordinances required by state law to
be published in their entirety and for a specified number of times.
(b) In the case of all other ordinances, except appropriation ordinances which shall take
w effect upon passage, the city clerk shall cause to be published a summary of the
ordinance as soon as practicable after it has been passed on second reading and signed
by the mayor, so long as:
' (1) The ordinance includes a section setting forth the summary to be published in the
following format:
Ordinance No. Summary
"On (date) the City of Salina, Kansas, passed Ordinance No.
The ordinance _(description) . A complete
copy of the ordinance is available at www.solino-ks.aov or in the office
of the city clerk, 300 W. Ash Street, free of charge. This summary is
certified by the city attorney. "
(2) The publication is identified as a "summary" and contains notice that the
complete text of the ordinance may be obtained or viewed free of charge at the
office of the city clerk;
(3) The city attorney certifies the summary of the ordinance prior to publication to
insure that the summary is legally accurate and sufficient;
(4) The publication contains the city's official website address where a reproduction
of the original ordinance is available for a minimum of one week following the
summary publication in the newspaper; and
(5) If the ordinance is subject to petition pursuant to state law, then the summary
shall contain a statement that the ordinance is subject to petition.
Section 3. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 12-10649 Summary
On August 13, 2012, the City of Salina, Kansas, passed Ordinance No. 12-10649.
The ordinance amends Chapter 1 of the Salina Code by adding Section 1-5.1
outlining the procedure for passage of ordinances and Section 1-5.2 providing for
publication of ordinances by summary. A complete copy of the ordinance is
available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street,
free of charge. This summary is certified by the city attorney.
Section 4. Effective Date. This ordinance shall be in full force and effect from and after
adoption and publication by summary once in the official city newspaper.
August 6, 2012
;ust 13,;942.
Mayor
Fieunn Elsey, CMC, City