Chapter 1.01
CODE ADOPTION
Sections:
1.01.030 Recodification of ordinances.
1.01.010 Code adoption.
A codification of the general ordinances of the City of Gardner, Kansas, including supplements thereto, as authorized by K.S.A. 12-3014 and 12-3015, is hereby ordered, authorized and provided for, the preparation of which shall be done by Code Publishing, Inc., 9410 Roosevelt Way NE, Seattle, WA 98115-2844 as provided by contract. When completed, the codification shall be adopted by ordinance and published together with the adopting ordinance in loose-leaf book form and no fewer than 20 copies shall be published. Such codification shall be entitled “Code of the City of Gardner, Kansas” of the year in which the work is completed and ready for publication. The said code shall be duly certified by the City Clerk. One copy of the code shall be filed in the office of the City Clerk and shall constitute the official ordinance book. Three additional copies shall be filed in the office of the City Clerk and shall be designated for use by the public. (Ord. 2155 § 1)
1.01.020 Codification update.
A. An update to the codification of the general ordinances of the City of Gardner, Kansas, as authorized by K.S.A. 12-3014 and 12-3015, is hereby ordered, authorized, and provided for, the preparation of which shall be done by the City Clerk of the City. The updated codification shall be adopted by separate ordinance and published together with said adopting ordinance in loose-leaf book form and not less than three copies shall be published. Such updated codification shall be titled “The Code of the City of Gardner, Kansas” (hereinafter the “code”). The code shall be duly certified by the City Clerk. One copy of the updated code shall be filed in the office of the City Clerk and shall constitute an ordinance book.
B. The City Clerk or her designee is further authorized to initiate such future compilations, revisions and codifications of the code from time to time as she deems appropriate, subject to adoption by the governing body in accordance with K.S.A. 12-3014 and 12-3015. (Ord. 2272 §§ 1, 2)
1.01.030 Recodification of ordinances.
A. The recodification of ordinances of the City of Gardner, Kansas, authorized by Ordinance No. 2272 and in conformity with K.S.A. 12-3014 and 12-3015, as set out in Titles 1 through 18 and the Appendix, and titled “The Code of the City of Gardner, Kansas, 2008,” is hereby adopted and ordained as “The Code of the City of Gardner, Kansas, 2008,” (hereinafter the “code”) and said recodification shall become effective upon publication of not less than three copies of said code in loose-leaf book form.
B. All ordinances and parts of ordinances of a general nature passed prior to May 19, 2008, in force and effect at the date of publication of not less than three copies of the code and this ordinance, are hereby repealed as of the date of publication of said code except as hereinafter provided.
C. In construing this section, the following ordinances shall not be considered or held to be ordinances of a general nature:
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 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 of 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 issuances 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 officials, officers, and employees of the City; and
14. Ordinances of temporary nature.
Provided, that the above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention to exempt from repeal any and all ordinances not of a general nature and general ordinances specifically excepted by this section.
D. The arrangement and classification of the several titles, chapters, articles, and sections of the code adopted by subsection (A) of this section, and any head notes or footnotes or other references found in a section, are made for the purpose of convenience and orderly arrangement, and do not constitute a part of the ordinances, and therefore, no implication or presumption of legislative intent or construction is to be drawn therefrom.
E. The repeal of ordinances as provided in subsection (B) of this section shall not affect any rights acquired, fines, penalties, forfeitures or liabilities incurred hereunder, or actions involving any of the provisions of said ordinances or parts thereof. Said ordinances above repealed are hereby continued in force and effect after the passage, approval and publication of this ordinance for the purpose of such rights, fines, penalties, forfeitures, liabilities and actions therefor.
F. If for any reason any title, chapter, article, section, subsection, sentence, portion or part of the code or the application thereof to any person or circumstances is declared to be unconstitutional or invalid, such decision will not affect the validity of the remaining portions of the code.
G. The governing body hereby authorizes city personnel to keep the published versions of the code current by the periodic preparation and insertion of loose-leaf supplements, and hereby makes provision for furnishing insertions and supplements to city personnel, purchasers, and others having copies of the code.
H. The minimum number of copies of the published code required by K.S.A. 12-3015, and amendments thereto, shall be kept on file in the office of the City Clerk and made available for inspection by the public at all reasonable business hours. (Ord. 2273 §§ 1 – 8)