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
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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