Request By:
Mr. Joseph H. Lyons
P.O. Box 835
Pikeville, Kentucky 41501
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of August 23 in which you enclose a copy of an initiative petition, drawn presumably under the terms of KRS 89.610, and question whether or not it is in compliance with the requirements of said statute.
KRS 89.610 authorizes the filing of a petition signed by at least twenty-five per cent (25%) of the total number of votes cast for the office of mayor at the last preceding election requesting the board of commissioners to pass the ordinance therein set forth. The statute further provides that if such ordinance is one that the board can legally pass and fails to do so in ten (10) days, it shall be submitted to the voters of the city at the next regular election. The statute does not indicate any set form that the proposed ordinance is to follow. It seems to be the general rule, as in the case of every written document, that the language used in an ordinance should be clear and concise so as to express the meaning and intent of the legislative body so far as possible. In other words, any form which clearly signifies the corporate will is sufficient and bad form usually will not invalidate the ordinance. See McQuillin, Mun. Corps., Vol. 5, § 16.11, and Matthews on Drafting Municipal Ordinances.
The form of the proposed ordinance you have submitted is, we believe, sufficient in that it requests the passage of an ordinance declaring:
"No community center, neighborhood community facility, civic center, auditorium, or other such facility or building, shall be built or constructed by the city of Pikeville without first submitting the question as to whether such should be built to a vote at the next regular election following the proposal of construction of the same."
Concerning the procedure for filing such a petition with the board of commissioners, including the time element, we are enclosing a copy of OAG 65-708. You will note particularly our conclusion that the question must be certified to the county clerk prior to the printing of the ballots. You will note also the time and manner of publication required of the proposed ordinance, prior to the election.