Printable Format12-1651. Official newspaper in cities of second and third classes; qualifications. (a) The governing body of each city of the second and third class shall designate by resolution a newspaper to be the official city newspaper. Once designated the newspaper shall be the official city newspaper until such time as the governing body designates a different newspaper.
(b) The newspaper selected for the official publications of cities of the second and third class shall be one which has the following qualifications:
(1) It must be published at least weekly 50 times each year and have been so published for at least one year prior to the publication of any official city publication.
(2) It must be entered at the post office of publication as second-class mail matter.
(3) More than 50% of the circulation must be sold to the subscribers either on a daily, weekly, monthly or yearly basis.
(4) It shall have general paid circulation on a daily, weekly, monthly or yearly basis in the county and shall not be a trade, religious or fraternal publication.
History: L. 1929, ch. 113, § 1; L. 1959, ch. 79, § 2; L. 1986, ch. 75, § 1; May 8.
Attorney General's Opinions:
Public officers and employees; conflicts of interest. 81-170.
Official newspaper in second and third class cities; qualifications. 91-132.
Newspapers in which legal publications may be made; statutory requirements. 95-32.
Legal publications of unified school districts; newspaper of general circulation. 97-74.
Term "general paid circulation" does not require a specific percentage of subscribers, but must have some paid subscribers and be source of news of the day to public. 2003-10.
Mayor of a city of the second or third class is a member of the city's governing body for the purpose of designating an official city newspaper. 2018-7.
Home rule authority permits exemption by charter ordinance from requirement that second and third class cities designate official city newspaper because provision not uniformly applicable. Use of website to publish official city business is permissible unless other form of publication is specifically required by law. 2023-5.
CASE ANNOTATIONS
1. Designation of official city newspaper annually is directory rather than mandatory. Cook v. City of Enterprise, 233 Kan. 1039, 666 P.2d 1197 (1983).