(a)
Ordinances shall be prepared by the City Attorney to embody the legislative
acts of the City upon recommendation of the governing body in the
following matters:
(b)
Prior to introduction of any ordinance, except appropriation ordinances,
the same shall be approved by the City Attorney as to form and content.
All ordinances shall be introduced, at a public meeting of the
governing body, except as otherwise provided by statute.
(a)
Every ordinance shall be introduced by the chairman of a committee
to whom the subject matter may have been referred, or should the committee
chairman not be a member of the governing body, by the chairman of
the ordinance committee.
(b)
Every ordinance shall be introduced for consideration at a regular
or adjourned meeting of the governing body at which amendments, if
any, shall be offered and discussion had. The passage of such ordinances
may be made at the meeting at which the ordinance was introduced or
any subsequent meeting.
There shall be four classes of ordinances:
(a)
Charter which shall include those ordinances by which a City exempts
itself from the whole or a part of a statute which applies to the
City but does not apply uniformly to all cities, and which may or
may not provide substitute or additional provisions; except that no
charter ordinance shall be used to affect a statute prescribing a
limit of indebtedness or relating to annexation, exclusion, consolidation
or dissolution even though such statute does not apply uniformly to
all cities.
(b)
Appropriation which shall include those ordinances whose only purpose
is the bare appropriation of money and which shall include no other
legislative act.
(c)
General which shall include all ordinances designated by the governing
body for inclusion in the Codification of the Ordinances of the City
of Mission Woods and in all supplements thereto and in all subsequent
recodifications.
(d)
Special which shall include all other ordinances including but not
limited to:
(1)
Ordinances pertaining to the acquisition of property or interests
in property by gift, purchase, devise, bequest, appropriation or condemnation;
(2)
Ordinances opening, dedicating, widening, vacating or narrowing
of streets, avenues, alleys and boulevards;
(3)
Ordinances establishing and changing grades of streets, avenues,
alleys and boulevards;
(4)
Ordinances naming or changing the names of streets, avenues
and boulevards;
(5)
Ordinances authorizing or directing public improvements to be
made;
(6)
Ordinances creating districts for public improvements of whatsoever
kind or nature;
(7)
Ordinances levying general taxes;
(8)
Ordinances levying special assessments or taxes;
(9)
Ordinances granting any rights, privileges, easements or franchises
therein mentioned to any person, firm or corporation;
(10)
Ordinances authorizing the issuance of bonds and other instruments
of indebtedness by the City;
(11)
Ordinances authorizing contracts;
(12)
Ordinances establishing the limits of the City or pertaining
to annexation or exclusion of territory;
(13)
Ordinances relating to compensation of officers and employees
of the City;
(14)
Election ordinances.
The vote on any ordinance except as provided herein or as provided
by statute shall be by yeas and nays, which shall be entered on the
journal at large by the City Clerk. No ordinance shall be valid unless
a majority of all the members of the Council vote in favor thereof:
Provided, That where the number of favorable votes is one less than
the required, the Mayor shall have the power to cast the deciding
vote in favor of the ordinance.
After an ordinance shall have passed, an enrolled copy thereof
shall be made by the clerk, and after having been carefully compared
with the original by the ordinance committee, shall be signed by the
Mayor or in his absence by the president of the Council and deposited
with the clerk, who shall file and record the same and secure its
publication as required by law. The Mayor shall have the power to
sign or veto every ordinance passed by the Council: Provided, That
on ordinances on which the Mayor casts the deciding vote and appropriation
ordinances, the Mayor shall have no veto, and the Mayor shall sign
such ordinances if the Mayor be present at the meeting, and if the
Mayor refuses or neglects to sign or be not present at the meeting,
they shall take effect without the Mayor's signature. Any ordinance
vetoed by the Mayor may be passed over the veto by a vote of 3/4 of
the whole number of Council-elect notwithstanding the veto: Provided
further, That if the Mayor does not sign his approval of the ordinance,
or return the same with the Mayor's veto, stating the Mayor's objections
in writing, on or before the next regular meeting of the Council,
the ordinance will take effect without the Mayor's signature, such
fact to be endorsed by the City Clerk on the ordinance and at the
end of the ordinance as entered in the ordinance book: Provided further,
That the president of the Council or acting president of the Council
shall have no power to sign or veto any ordinance.
No ordinance shall contain more than one subject, which shall
be clearly expressed in its title; and no section or sections of an
ordinance shall be amended unless the amending ordinance contains
the entire sections as amended and the section or sections amended
shall be repealed.
The style or ordaining clause of all ordinances shall be "Be
it Ordained by the Governing Body of the City of Mission Woods, Kansas:"
After an ordinance shall have been passed, the City Clerk shall
assign a number: Provided, That the appropriation ordinances shall
be numbered in a separate series; charter ordinances shall be numbered
continuing in the series established prior to the Codification of
the Ordinances of the City of Mission Woods, Kansas, 1975; and all
other ordinances shall be numbered continuing in a series established
prior to the Codification of the Ordinances of the City of Mission
Woods, Kansas, 1975.
The City Clerk shall cause all ordinances, except appropriation
ordinances, as soon as practicable after they have been passed and
signed, passed over the Mayor's veto, or will take effect without
signature; to be published once in the official City newspaper, unless
the statute requires more publications. Ordinances shall take effect
the day of publication, unless a different and later date is stated
in the ordinance or otherwise specified by statute: Provided, That
appropriation ordinances shall take effect upon passage. The publisher
shall print in a line preceding the number of the ordinance a statement
in parentheses as follows: (published _____, 20__) giving the month,
day and year.
(a)
City Clerk shall keep an "Ordinance Book" in which shall be entered
at length the original ordinance typed on paper designed for that
purpose and inserted into a loose-leaf binder immediately after its
publication: Provided, That appropriation ordinances shall be entered
into a separate "Ordinance Book" immediately after passage. Should
the original of any ordinance be not available for inclusion in the
ordinance book, a copy thereof may be inserted, to which the City
Clerk shall append at the end a certification substantially as follows:
"I hereby certify that the foregoing is a true and correct copy of
the original ordinance; that said ordinance was passed on the day
of __________, 20__; that it was published in the (name of official
newspaper) on the day of __________, 20__. One copy of the published
Codification of the Ordinances of the City of Mission Woods, Kansas,
1995, shall be kept on file with the "Ordinance Books" and shall constitute
an "Ordinance Book." Each Ordinance Book shall be appropriately designated
by numbering in accordance with the following:
(b)
All ordinances of the City may be proved by the certificate of the
City Clerk under the seal of the City.
Whenever any ordinance expresses the intent of the governing
body that it shall be made a part of such loose-leaf codification,
the same shall be considered a general ordinance.
(a)
Such inclusion having the same force and effect as if the ordinance
had been included in the original codification at the time of its
adoption by the governing body. Such supplement shall be published
with the enabling ordinance and the certificate of the City Clerk
that the same are true and correct copies in the same manner as required
for the codification. From time to time, upon recommendation of the
ordinance committee to the governing body, the governing body shall
direct by ordinance that all general ordinances, same being those
recommended for inclusion in the codification by the governing body,
shall be published in the form of a loose leaf supplement and one
copy of said supplement shall be kept on file with the "Ordinance
Books" and shall constitute an "Ordinance Book" and designated "Supplement
to Codification of the ordinances of the City of Mission Woods, Kansas."
The governing body shall distribute without cost, copies of
the codification to City personnel and other City officers requiring
the use of same. Copies of codification shall be available for purchase
by the general public, the price of which shall be established by
the governing body by resolution. The governing body shall make provision
for furnishing copies of such supplements to the loose-leaf codification
to City personnel, purchasers, and others having copies of the original
codification. A charge for such subscription service to purchasers
shall be established by a resolution of the governing body at the
time each such supplement shall be issued.
Each individual ordinance that is designated by the governing
body for inclusion in the codification hence shall be a general ordinance,
shall carry section numbers for each substantive section so as to
indicate section inclusion and position in the Codification of the
Ordinances of the City of Mission Woods, Kansas, 1995. Each special
ordinance as passed by the Council shall carry its own section numbers.
The governing body may from time to time republish the Codification
of ordinances, so as to include in their proper sequential order all
substantive sections of the codification which shall at that time
be in force, including the substantive sections of all loose-leaf
supplements issued in the interim, in which case new pages may be
inserted for omitted sections, amended sections, sections of ordinances
passed in the interim and new provisions as well as incorporation
by reference in accordance with the provisions of K.S.A. 12-3302 of
any model codification and the renumbering of pages, chapters, articles
or sections. Any such recodification shall be prepared under the authorization
in accordance with the provisions for the original Codification of
the Ordinances of the City of Mission Woods, Kansas, 1975.
