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HomeMy WebLinkAboutNB 4a SUMMARIES ORD'S 12-07-81NEW BUSINESS No. 4 12-7-81 AGENDA ITEM: RESOLUTION NO. 81-129 A Resolution of the City Council of the City of Tustin, california, DESIGNATING THE CITY CLE~ OF THE CITY OF TUSTIN AS THE CITY OFFICIAL TO PREPARE SUMMARIES OF ORDINANCES AND AMENDMENTS AND ALTERATIONS THERETO BACKGROUND= At the October 21st Council meeting, staff was directed to look into publishing summarized ordinances. Attached is Resolution No. 81-129 and a memo from the City Attorney on publication of ordinances. RECOMMENDATION= Adoption of Resolution No. 81-129 if the Council desires to s%um~arize ordinances for publication. OATE: TO: FROM: 11/11/81 WYNN, CITY CLERK JAMES G. ROURKE, CITY ATTORNEY Inter-Corn SUB,JEt;T: PUBLICATION OF ORDINANCES Pursuant to your inquiry of October 16, 1981, please be advised that the publication of ordinances may be by either 1) publication of the ordinance in full within fifteen days after passage or 2) by one publi- cation of a summary of the ordinance before adoption and a second publication of a summary of the ordinance after adoption. We advised Ruth Poe of the summary publication alternative some years ago when Government Code Section 36933 was amended to permit publication of summaries. Ordinances to be valid must be published by one of the methods des- cribed below: PUBLICATION IN FULL. The ordinance must be published once within fifteen (15) days after its passage together with the names of the City Council members voting for and against the ordinaqce, in a newspaper of general circulation published and circulated in the City (unless the charges of such newspaper exceed the customary rates charged by the newspaper for publication of private legal notices, in which case the ordinance shall be posted). ALTERNATIVE PROCEDURE OF PUBLICATION OF SUMMARY. 1) The City Council may direct that a summary of a proposed ordin- ance be prepared by an official designated by the City Council. 2) The summary must be published in a newspaper of general circula- tion published and circulated in the City and a certified copy of the full text of the proposed ordinance posted in the office of the City Clerk, each at least five (5) days prior to the City Council meeting at which the proposed ordinance is to be adopted. 3) Within fifteen (15) days after adoption of the ordinance a summary of the ordinance together with the names of the Council members voting for and against the ordinance mustl be published in a newspaper of general circulation published and circulated in the City and a certified copy of the full text posted in the office of the City Clerk together with the names of the City Council members voting for and against the ordinance. SECOND ALTERNATIVE PROCEDURE OF PUBLICATION If the City official designated by the City Council determines it is not feasible to prepare a fair and adequate summary of the ordinance and if the City Council so orders, a display advertisement of at least one-quarter of a page must be published in a newspaper of general circulation published and circulated in the City at least five days prior to the City Council meeting at which the proposed ordinance is to be adopted indicating the general nature of and providing information about the ordinance including information sufficient to enable the public to obtain copies of the complete text of the ordinance. Within fifteen days after adoption of the ordinance a display adver- tisement of at least one-quarter page must be published in a newspaper of general circulation published and circulated in the City, indicat- ing the general nature of and providing information about the ordinance including information sufficient to enable the public to obtain copies of the complete text of the ordinance together with the names of the Council members voting for and against the ordinance. FORMS OF SUMMARY PUBLICATIONS Sample forms of the type of summaries to be published would be as follows: 1. Summary to be published between first and second reading and at least five days before adoption: SUMMARY ORDINANCE NO. (NAME OF ORDINANCE) Ordinance No. of the City of Tustin, an ordinance to (summary) was introduced and con- sidered by the Tustin City Council at their regular meeting of , 19 First reading of Ordinance No. was approved by the following vote: AYES: NOES: ABSENT: Ordinance No. will receive second reading and be considered for adoption at the regular City Council meeting of , 19 . Copies of Ordinance No. ~ are availabl~n the Office of the City Clerk, 300 Centennial Way, Tustin, California (714-544-8890). DATED this day of , 19__ CITY CLERK CITY OF TUSTIN 2. Summary to be published within fifteen days after adoption of the ordinance: SUMMARY ORDINANCE NO. (NAME OF ORDINANCE) Ordinance No. of the City of Tustin, an ordinance to (summary) received second reading and was adopted by the City of Tustin City Council at their regular meeting of 19 , by the following vote: AYES: NOES: ABSENT: Copies of Ordinance No. ~ are available in the Office of the City Clerk, 300 Centennial Way, Tustin, California (714-544-8890). DATED this day of , 19 . CITY CLERK City of Tustin JGR:se:R:ll/ll/81 CC: WH 1 2 $ 5 RESOLUTION NO. 81-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CITY CLERK OF THE CITY OF TUSTIN AS THE CITY OFFICIAL TO PREPARE SUMMARIES OF ORDINANCES AND AMENDMENTS AND ALTERATIONS THERETO. The City Council of the City of Tustin, California hereby resolves as follows: 8 1. Pursuant to the provisions of Section 36933 of the Government Code of the State of California, the City Clerk of 9 the City of Tustin is hereby designated as the official to pre- pare summaries of proposed ordinances and amendments and altera- 10 tions thereto for publication in a newspaper of general circula- tion published and circulated in the City of Tustin. 11 2. The City Clerk is authorized and directed to publish 12 a summary of each proposed ordinance and each proposed amendment and alteration thereto at least five (5) days prior to the City 13 Council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted and within fifteen (15) days 14 after its passage to publish a summary of the ordinance or amend- ment or alteration thereto with the names of those City Council 15 members voting for and against the ordinance or amendment or alteration in a newspaper of general circulation published and 16 circulated in the City of Tustin. Within the time periods speci- fied above for publication, the City Clerk shall post a certified 17 copy of the full text of each proposed ordinance or amendment or alteration and of each adopted ordinance amendment or alteration, 18 together with the names of the Council members voting for and against, in the office of the City Clerk. 19 3. If the City Clerk does not publish a summary of an 20 ordinance or amendment or alteration pursuant to this resolution, publication of the ordinance, amendment or alteration shall be 21 made pursuant to State law. 22 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of 23 , 1981. 24 25 ATTEST: MAYOR 26 CITY CLERK 28 JGR:se:R:ll/ll/81