022-09 - Ordinance - Creating New Section 1.04.055 Correction of Scrivener's Errors by City ClerkIntroduced by:
Requested by:
Drafted by:
Reviewed by:
Introduced:
Adopted:
ORDINANCE NO. 022-09
City Clerk
City Clerk
City Clerk
City Attorney
Septembcr 22, 2009
September 22, 2009
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, CREATING A NEW SECTION 1.04.055
CORRECTION OF SCRIVENER'S ERRORS BY CITY CLERK —
PERMITI'ED AND SECTION i.04.o65 IMPROVEMENT OF CODE
WHEREAS, periodically, the City Clerk finds it necessary to make correction of
minor scriveners clerical errors within the City's Municipal Code; and
WHEREAS, the Council has determined that it is in the interest of increased
efficiency of government to authorize the City Clerk to correct minor errors within the City's
Code provisions, so long as the Clerk's corrections do not change the meaning of any law
and are reviewed by the city attorney; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i. Section 1.04.050 of the Port Orchard Municipal Code is hereby
amended to read as follows:
1.04.050 New material adopted.
New material shall be adopted by the city council as separate ordinances prior to the
inclusion thereof in such codification, provided that any ordinance amending the
codification shall set forth in full the section or sections of the codification being
amended, and this shall constitute a sufficient compliance with any statutory or
charter requirement that no ordinance nor any section thereof shall be revised or
amended unless the new ordinance sets forth the revised ordinance or amended
section in full; provided further, that revisions or amendments expressly permitted
under Section 1.04.055 may be performed without requiring compliance with the
requirements of this section.
Ordinance No. 022-09
Page 2 of 3
SECTION 2. Chapter 1.04 of the Port Orchard Municipal Code is hereby
amended by adding a new section 1.04.055 to read as follows:
1.04.0H8 Correction of scrivener's errors by City Clerk - Permitted.
a. The city cleric, subject to review and written approval by the city attorney,
shall have the authority to dbrrect minor scriveners/clerical errors as described in
subsection (b) below and subject to subsection (c) below.
b. The Cleric is permitted to correct minor scrivener's/clerical errors as follows:
1. Renumber sections, parts of titles, chapters, and sections;
2. Change capitalization for the purpose of uniformity
3. Substitute the proper designation for the terms "the preceding section,"
"this ordinance," and like terms;
4. Substitute the proper calendar date for "effective date of this ordinance,"
date of passage of this ordinance," and other phrases of similar import;
5. Strike out figures if they are merely a repetition of written words or vice
versa, or substitute figures for written words or vice versa for the purpose
of uniformity;
6. Correct manifest errors which are clerical, typographical, or errors in
spelling, or errors by way of additions or omissions;
7. Correct manifest errors in references to laws;
8. Rearrange sections, combine sections or parts of sections with other
sections or parts of sections, divide long sections into two or more
sections, and rearrange the order of sections to conform to a logical
arrangement of subject matter as may most generally be followed in this
code;
9. Change all sections, when possible, to read in the present tense, indicative
mood, active voice, and if the use of personal pronouns cannot be avoided
in a section change the section to read in the third person and singular
number or any other necessary grammatical change in the manner general
followed in this code;
ro. Remove from codification all titles to ordinances, all enacting and
repealing clauses, all declarations of emergency, and all purpose, validity,
and construction clauses unless from their nature, it may be necessary to
retain some of them to preserve the full meaning and intent of the
ordinance.
c. In no event shall the cleric editor revise the Municipal Code such that it would
change the meaning of any ordinance.
d. All corrections made pursuant to this section shall be documented by the City
Cleric and such documentation shall be maintained in such a manner as to clearly
demonstrate why the changes were made, when the changes were approved by
the City Attorney, and when the changes were made effective.
Ordinance No.022-09
Page 3 of 3
SECTION .% Chapter 1.04 of the Port Orchard Municipal Code is hereby
amended by adding a new section r.04.o65 to read as follows:
1.04.o65 Improvement of code.
The cleric and/or city attorney shall make recommendations to the council
concerning deficiencies, conflicts, or obsolete provisions in and the need for
reorganization or revision of this code, and, at the direction of the council, shall have
prepared for submission to the council ordinances for the correction or removal of
the deficiencies, conflicts, or obsolete provisions, or to otherwise improve the form
or substance of any portion of the code. This code shall be systematically reviewed
for deficiencies, conflicts, or obsolete provisions.
SECTION 4. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
SECTION c;. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 22nd day of September
2009.
A EST:
'q ""�
Patricia J. KilkPatrick, CMC, City Clerk
APPROVED AS TO FORM: Sponsored By:
Gregory A. Ja ob ty ttorney On Colebank, Councilmember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held September 22, 2009.
ORDINANCE NO. 022-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, CREATING ANEW SECTION 1.04.055
CORRECTION OF SCRIVENER'S ERRORS BY CITY CLERK -
PERMI1TED AND SECTION 1.04.o65 IMPROVEMENT OF
CODE
Copies of Ordinance No. 022-09 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 022-09 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
October 2, 2009