AGO 1989-061.

• Case Date: May 18, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-061. May 18, 1989ATTORNEY GENERAL OPINION NO. 89-61Thomas A. Glinstra Municipal Counsel City of Olathe P.O. Box 768 Olathe, Kansas 66061 Re: Cities and Municipalities--Ordinances of Cities; General Provisions--Style or Ordaining Clause Cities and Municipalities--Ordinances of Cities; Initiative and Referendum Ordinances--Petition for Proposed Ordinance; Requirements Synopsis: K.S.A. 12-3005 prescribes that "[t]he style or ordaining clause of all ordinances shall be: 'Be it ordained by the governing body of the city of ___________". This requirement is mandatory, and a proposed ordinance submitted under the provisions of K.S.A. 12-3013 must include an ordaining clause. As Ordinance No. 112-A of the city of Olathe contains no such clause, it is our opinion that the "ordinance" is void and unenforceable. Cited herein: K.S.A. 12-3005; 12-3013; Kan.Const., Art. 2, § 20. * * * Dear Mr. Glinstra: You pose numerous questions regarding Ordinance No. 112-A of the City of Olathe. For the reasons set forth below, it is our opinion that the ordinance is void and unenforceable, and we will not, therefore, address the questions you pose. The provision in question was initiated pursuant to the provisions of K.S.A. 12-3013, and a copy of the subject petition is attached hereto as Exhibit A. K.S.A. 12-3013 prescribes a procedure whereby "proposed ordinances" may be submitted to a referendum. It is therefore necessary to examine any petition submitted under K.S.A. 12-3013 to determine whether it includes an "ordinance". K.S.A. 12-3005 prescribes that "the style or ordaining clause of all ordinances shall be: 'Be it ordained by the governing body of the city of ____________:' ". The proposition attached hereto as Exhibit A, which was approved by Olathe voters, contains no ordaining clause. In this regard, a 1968 letter opinion of Attorney General Robert C. Londerholm indicates that lack of an ordaining clause is fatal to a petition filed under K.S.A. 12-3013. See 6 Opinions of the Attorney General at pages 104-105. While the Kansas Supreme Court has not considered whether the ordaining language of K.S.A. 12-3005 is mandatory, it has construed an analogous provision of the Kansas Constitution which prescribes the enacting clause for all bills. In State v. Kearns, 229 Kan. 207, 209...