All ordinances of a City shall be considered at a public meeting
of the Governing Body except as otherwise herein provided or where
a Statute provides a different procedure for an ordinance for a specific
purpose, provided 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 emergencies, 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.
The vote on any ordinance, except as otherwise provided herein,
shall be by "yeas" and "nays", which shall be entered on the journal
by the Clerk. No ordinance shall be valid unless a majority of all
the members-elect of the Council of Council Cities or Mayor and other
Commissioners of Commission Cities vote in favor thereof, provided
that in Council Cities where the number of favorable votes is one
(1) less than required, the Mayor shall have power to cast the deciding
vote in favor of the ordinance.
The Mayor of a Council City shall have the power to sign or
veto any ordinance passed by the Council, provided that ordinances
on which the Mayor casts the deciding vote and appropriation ordinances
the Mayor shall have no veto and he/she shall sign such ordinances
if 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
his/her signature. Any ordinance vetoed by the Mayor may be passed
over the veto by a vote of three-fourths (3/4) of the whole number
of Council members elected, notwithstanding the veto, provided that
if the Mayor does not sign his/her approval of the ordinance, or return
the same with his/her veto, stating his/her objection in writing,
on or before the next regular meeting of the Council, the ordinance
shall 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 (1) 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 section or 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."
After an ordinance shall have been passed, the City Clerk shall
assign to it a number, provided that appropriation ordinances may
be numbered in a separate series.
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 a Statute
requires more publications. Ordinances shall take effect the day of
publication unless a different and later day 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. The manner
of publication and effective date of codifications shall be as hereinafter
provided.
A.
The
City Clerk shall keep an "ordinance book" in which shall be entered
at length in plain and distinct handwriting or typewriting or printed
copy, a copy of every ordinance immediately after its publication,
or in the case of appropriation ordinances, immediately after passage,
provided that if the "ordinance book" be a loose-leaf book the original
ordinance, typed on paper designed for the purpose, may be inserted
therein, provided further that appropriation ordinances may be entered
in a separate "ordinance book". The ordinances as entered in the "ordinance
book" need not be signed by the Mayor or attested by the City Clerk
but such signatures may be written or typed or as shown on an attached
printed copy.
B.
The
City Clerk shall append at the end of each ordinance entered in the
"ordinance book" a certificate 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
the record of the final vote on its passage is found on page ___ of
journal ___; that it was published in the (name of newspaper) on the
___ day of____, 20__."
C.
Each
"ordinance book" shall be appropriately designated by number or by
letter or letters or by years, or otherwise.
D.
All
ordinances of the City may be proved by the certificate of the City
Clerk, under the seal of the City.
Any City is hereby authorized and empowered to incorporate in
an ordinance by reference, in the manner hereinafter provided, any
standard or model code or ordinance, regulation having the effect
of law of a State Officer, board or other agency, or Statute, or portions
thereof on any subject on which a City may legislate, which standard
or model code or ordinance or State regulation is available in book
or pamphlet form, provided that nothing herein shall be deemed to
waive any Statutory procedural requirement concerning a zoning ordinance,
except that any City may incorporate by reference in conformity with
K.S.A. 12-3010 a zoning ordinance or subdivision regulations in code
form as that term is defined in K.S.A. 12-3301(c) if all other procedural
requirements set forth in K.S.A. 12-708 are met.
The provisions of any standard or model code or ordinance, State
regulation or Statute or portions thereof incorporated in an ordinance
by reference shall be as much a part of the ordinance as if the same
had been set out in full therein when the ordinance shall have been
passed by the Governing Body of the City and published in the manner
provided by law, and any Section, Article, Chapter, part or portion
not incorporated shall be clearly and specifically described and declared
to be omitted and any provisions changing or adding to the incorporated
provisions shall be stated in full and published as a part of the
ordinance, provided that instead of incorporating with omissions,
the incorporating ordinance may designate specifically the Sections,
Articles, Chapters, parts or portions of the standard or model code
or ordinance, State regulation or Statute that are incorporated, provided
further that no such ordinance shall be deemed to have incorporated
therein any standard or model code or ordinance or State regulation
unless the same shall be clearly described in the ordinance by name
or title, the name or title of the agency, organization, or group
or State Officer, board or agency which prepared, compiled, published
or promulgated the same, the year or edition of the work or other
sufficiently identifying description, and Statutes or portions thereof
shall be identified by appropriate reference to Session Laws, general
Statutes or supplements thereto, provided further, that not less than
three (3) copies of any such standard or model code or ordinance or
State regulation shall be marked or stamped "official copy as incorporated
by Ordinance No.__," with all Sections or portions thereof intended
to be omitted clearly marked to show any such omission or showing
the Sections, Articles, Chapters, parts or portions that are incorporated,
as the case may be, and to which shall be attached a copy of the incorporating
ordinance, and filed with the City Clerk to be open to inspection
and available to the public at all reasonable business hours, provided
further, that the Police Department, Police Judge and all administrative
departments of the City charged with the enforcement of any such ordinance
shall be supplied, at the cost of the City, such number of official
copies of any such standard or model code or ordinance or State regulation
similarly marked as may be deemed expedient.
All such incorporating ordinances shall include a penal section
or sections within the limits authorized by law to be provided for
the violation of the ordinances of the City, provided that if the
incorporated code or ordinance, State regulation or Statute contains
penalty provisions which the City may or must inflict or if the incorporated
code or ordinance is based upon a Statute whose provisions a City
is specifically authorized to parallel in whole or in part by ordinance
with the same penalties, such incorporating ordinance need not provide
penalties.
The amendment of any standard or model code or ordinance or
the publication of any new and revised such code or ordinance by the
agency, organization, or group sponsoring the same shall in no wise
affect the incorporating ordinance or the code or ordinance but such
ordinance and the code or ordinance as incorporated shall continue
in effect until the incorporating ordinance is repealed or a later
standard or model code or ordinance is incorporated by reference.
Any Statute or Section thereof or any State regulation or portion
thereof which has been incorporated by reference and which is amended
by the legislature or changed by the State Officer, board or agency,
shall cease to be effective until and unless incorporated by amendment
of the incorporating ordinance or another incorporating ordinance.
