Title 19 - Charter Ordinances

Charter Ordinance No. Twenty-One

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. SEVEN OF THE CITY OF OVERLAND PARK, KANSAS.

WHEREAS, Charter Ordinance No. Seven exempts the City of Overland Park, Kansas, from the provisions of KSA 79-1950; and

WHEREAS, KSA 79-1950 was amended in 1975 to allow cities of the first class with populations of more than 60,000 and less than 130,000 to "levy taxes in each year for the general fund and other city purposes," except as limited therein; and

WHEREAS, it is in the best interests of the City to be governed by the provisions of KSA 79-1950, as amended:

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. That Charter Ordinance No. Seven be and the same is hereby repealed.

SECTION 2. This ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

SECTION 3. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 7th day of February, 1977.

Jack Walker

Mayor

ATTEST:

Bernice Crummett

Finance Director/City Clerk

APPROVED AS TO FORM:

Phillip L. Harris, City Attorney

Passed: 2/7/77

Published: 2/11/77

2/18/77

Effective: 4/20/77

Effective on: 1/1/1901

Charter Ordinance No. Thirty-Seven

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK FROM THE PROVISIONS OF K.S.A. 1985 SUPP. 13-7,101, WHICH AUTHORIZES A LIMITED TAX LEVY FOR THE PROVISION OF FIRE PROTECTION, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 1985 Supp. 13-7,101 and provide substitute and additional provisions as hereinafter set forth in this Charter ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this City but are not applicable uniformly to all cities.

SECTION 2. Overland Park is hereby authorized to make an annual levy of taxes upon the assessed valuation of all taxable tangible property in the City for the provision of fire protection services within the corporate limits of the City. Such tax levy shall be in addition to all other tax levies authorized or limited by law, except that no other tax levies for fire protection purposes shall be made on such property.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case, the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than two-thirds of the members elect voting in favor thereof, this 20th day of January, 1986.

ATTEST: Ed Eilert, Mayor

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Robert J. Watson, City Attorney

Passed: 1/20/86

Published: 1/24/86

1/31/86

Effective: 4/2/86

Effective on: 1/1/1901

Charter Ordinance No. Fifty-Five

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 16-707 WHICH RELATE TO THE RESIDENCY REQUIREMENTS OF PRECIOUS METAL DEALERS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 16-707 relating to the residency requirements of precious metal dealers and hereby provides substitute and additional provisions as set forth herein. Such referenced statute is applicable to this city but not uniformly applicable to all cities.

SECTION 2. No license or any renewal thereof shall be granted to:

1. a.
   Any person who is not a citizen of the United States;
2. b.
   Any person who has not been an actual resident of the state of Kansas for at least two (2) years immediately preceding the date of his application;
3. c.
   Any person who has been convicted of or has pleaded guilty to a felony under the laws of this state, or any other state, or of the United States, or shall have forfeited his bond to appear in court to answer charges for any such offense within the ten (10) years immediately prior to such person's application for a license;
4. d.
   Any person who has had his license revoked for cause under the provisions of this act;
5. e.
   Any person who is not at least twenty-one (21) years of age;
6. f.
   Any person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;
7. g.
   Any person who does not own the premises for which a license is sought, unless he has a written lease therefor for at least three-fourths of the period for which the license is to be issued;
8. h.
   Any person whose spouse would be ineligible to receive a license hereunder for any reason other than the age, citizenship and residence requirements;
9. i.
   Any partnership, unless all of the partners shall be eligible to receive a license as an individual; and
10. j.
    A corporation, if any officer, manager, director or stockholder would be ineligible to receive a license as an individual, provided, that corporate officers, directors and stockholders of an applicant corporation that have resided in Cass County, Clay County, Platte County and Jackson County, Missouri, for the two years immediately preceding the date of application, are not subject to the residency requirements of this section. Provided further, each premises operated by a corporate licensee must have an in-store manager who is a resident of the state of Kansas.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official city newspaper.

SECTION 4. This is a charter ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED by the governing body not less than two-thirds of the members elect voting in favor thereof the 20th day of January, 1992.

Ed Eilert, Mayor

ATTEST:

Kristy Cannon

Assistant City Manager/Acting City Clerk

APPROVED AS TO FORM:

Michael R. Santos

Assistant City Attorney

Passed: 1/20/92

Published: 1/22/92

1/29/92

Effective: 3/30/92

Effective on: 1/1/1901

Charter Ordinance No. Fifty-Six

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-10,115, 13-10,116, 13-10,117 AND 13-10,118 CONCERNING STREETS; RELATING TO, IN PART, THE DECLARATION OF CERTAIN STREETS IN CITIES IN COUNTIES WITH A POPULATION OVER 120,000 TO BE MAJOR TRAFFIC STREETS; RELATING TO THE IMPROVEMENT OR REIMPROVEMENT THEREOF; AND RELATING TO THE PAYMENT OF THE COST THEREOF BY THE ISSUANCE OF NOTES AND BONDS; PROVIDING SUBSTITUTE PROVISIONS THEREFOR; AND PROVIDING ADDITIONAL PROVISIONS RELATING TO, IN PART, THE DECLARATION OF CERTAIN STREETS IN OVERLAND PARK TO BE RESIDENTIAL STREETS; RELATING TO THE IMPROVEMENT OR REIMPROVEMENT THEREOF; AND RELATING TO THE PAYMENT OF THE COST THEREOF BY THE ISSUANCE OF GENERAL OBLIGATION NOTES AND BONDS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 13-10,115, 13-10,116, 13-10,117 and 13-10,118 concerning streets; relating to, in part, the declaration of certain streets in cities in counties with a population over 120,000 to be major traffic streets; relating to the improvement or reimprovement thereof; and relating to the payment of the cost thereof by the issuance of notes and bonds; and hereby provides substitute provisions and additional provisions as set forth herein. Such referenced K.S.A. 13-10,115, 13-10,116, 13-10,117 and 13-10,118 are applicable to this City but not uniformly applicable to all cities.

SECTION 2. The governing body of the City of Overland Park, Kansas, may by resolution declare any street to be in its opinion a major traffic street and declare its intention to improve or reimprove such street. The resolution shall describe in general terms the improvement or reimprovement to be made and the cost thereof and shall provide that the cost or a percentage of the cost shall be paid by the city-at-large out of the fund for the improvement and maintenance of streets or by the issuance of general obligation bonds. If the cost is to be paid by the issuance of general obligation bonds, temporary notes may be issued as provided by K.S.A. 10-123 and amendments thereto, during the progress of the work, and after the improvement is completed and the total cost ascertained, the general obligation bonds may be issued by ordinance.

SECTION 3. The city may cooperate with the state or with the federal government or with both in the planning and financing of the improvement and if state or federal funds are available to apply on the cost, the city may enter into such agreements or contracts with the state or federal government as may be necessary.

SECTION 4. The improvement or reimprovement of major traffic streets may include the acquisition of right-of-way and easements necessary for the improvement or reimprovement. The improvement or reimprovement may also include construction of necessary bridges, culverts, drainage, gutters, curbing, sidewalks, street lighting, signalization and signage, utility relocation and any incidentals to the construction of the major traffic street. For the purpose of this charter ordinance, the resolution declaring a street to be a major traffic street shall be conclusive that such street is a major traffic street.

SECTION 5. The governing body of the City of Overland Park, Kansas may by resolution declare any street to be in its opinion a residential street and declare its intention to improve or reimprove such street. The resolution shall describe in general terms the improvement or reimprovement to be made and the cost thereof and shall provide that the cost or a percentage of the cost shall be paid by the city-at-large out of the fund for the improvement and maintenance of streets or by the issuance of general obligation bonds. If the cost is to be paid by the issuance of general obligation bonds, temporary notes may be issued as provided by K.S.A. 10-123 and amendments thereto, during the progress of the work, and after the improvement is completed and the total cost ascertained, the general obligation bonds may be issued by ordinance.

SECTION 6. The improvement or reimprovement of residential streets may include the acquisition of right-of-way and easements necessary for the improvement. The improvement or reimprovement may also include construction of necessary bridges, culverts, drainage, gutters, curbing, sidewalks, street lighting, signalization and signage, utility relocation and any incidentals to the construction of the residential street. For the purpose of this charter ordinance, the resolution declaring a street to be a residential street shall be conclusive that such street is a residential street.

SECTION 7. This charter ordinance shall be supplemental to all other charter ordinances or statutes relating to the improvement of streets and it shall not prevent the use of other charter ordinances or statutes for the improving of any such streets.

SECTION 8. It is the intention of the City that the provisions of this charter ordinance are severable and if any provision is declared unconstitutional or otherwise invalid by any court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining provisions of this charter ordinance as the same would have been enacted without the incorporation into this charter ordinance of such unconstitutional or invalid provision.

SECTION 9. This charter ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 10. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN SIXTY DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than two-thirds of the members elect voting in favor thereof, this 17th day of February, 1992.

Ed Eilert, Mayor

ATTEST:

Kristy Cannon

Acting City Clerk

APPROVED AS TO FORM:

Jane Neff-Brain

Assistant City Attorney

Passed: 2/17/92

Published: 2/19/92

2/26/92

Effective: 4/27/92

Effective on: 1/1/1901

Charter Ordinance No. Sixty-Nine

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS FROM THE PROVISIONS OF K.S.A. 79-1950 RELATING TO THE AUTHORITY OF CITIES OF THE FIRST CLASS HAVING A POPULATION BETWEEN 60,000 AND 130,000 TO LEVY AN AD VALOREM PROPERTY TAX, AND RELATING TO LIMITATIONS ON THE RATES OF LEVY FOR CERTAIN PURPOSES; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS AUTHORIZING THE CITY OF OVERLAND PARK TO LEVY AN AD VALOREM PROPERTY TAX.

WHEREAS, the statutory authority of the City of Overland Park to levy its ad valorem property tax for the general fund and other city purposes is contained in K.S.A. 79-1950, which is applicable to cities of the first class having a population between 60,000 and 130,000; and

WHEREAS, K.S.A. 79-1950 will no longer provide such authority for the City of Overland Park when the population of the City officially exceeds 130,000 persons; and

WHEREAS, the most recent population figures available from the United States bureau of the census as certified to the secretary of state of Kansas by the division of the budget on July 1, 1996, pursuant to K.S.A. 11-201 show the population of the City of Overland Park to be 128,879 persons; and

WHEREAS, the limitations on the rates of levy contained in the statute are inapplicable in the City of Overland Park.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas by power vested in it by Article 12, Section 5 of the Constitution of the state of Kansas, hereby elects to exempt itself from and make inapplicable to it provisions of K.S.A. 79-1950 relating to the authority of cities of the first class having a population between 60,000 and 130,000 to levy an ad valorem property tax and relating to limitations on the rates of levy for certain purposes, and hereby provides substitute and additional provisions as set forth herein. Such referenced statute is applicable to this City but not uniformly applicable to all cities.

SECTION 2. The City of Overland Park is hereby authorized to levy an ad valorem property tax for the general fund and other city purposes.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than twothirds of the members elect voting in favor thereof the 2nd day of June, 1997

Ed Eilert, Mayor

ATTEST:

Norma Moffet, City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 6/2/97

Published: 6/4/97

6/11/97

Effective: 8/11/97

Effective on: 1/1/1901

Charter Ordinance No. Seventy-Nine

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF THE WATER POLLUTION CONTROL ACT, K.S.A. 12-3101 THROUGH K.S.A. 12-3107, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING TO THE ESTABLISHMENT, OPERATION, MAINTENANCE, IMPROVEMENT, AND REGULATION OF SEWER SYSTEMS, INCLUDING BUT NOT LIMITED TO, STORM AND SURFACE WATER DRAINAGE SYSTEMS AND FLOOD PROTECTION WORKS, AND TO THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR THE PROPERTY AND IMPROVEMENTS NECESSARY FOR ALL ASPECTS OF THE MANAGEMENT OF THESE SYSTEMS.

SECTION 1.  The City of Overland Park, Kansas (the "City"), by virtue of the powers vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself and make inapplicable to it Sections 12-3101, 12-3102, 12-3103, 12-3104, 12-3105, 12-3106, and 12-3107 of the Kansas Statutes Annotated, which apply to the City, acting as a city of the first class, and which are not uniformly applicable to all cities, and the City hereby provides further substitute and additional provisions as set forth herein.

SECTION 2.  Definitions.  

For the purpose of this Charter Ordinance, the following words and phrases shall have the meaning ascribed to them in this section:

     A.    "Person" shall mean any person, firm, corporation, association, partnership, political unit, or organization.

    B.    "Sewer," "Sewer System," and "Sewer Systems" shall mean surface water and storm sewers that exist at the time this Charter Ordinance is adopted or that are hereafter established and all appurtenances necessary in the maintenance, operation, regulation, and improvement of the same, including, but not limited to, pumping stations; enclosed storm sewers; outfall sewers; surface drains; street, curb and alley improvements associated with storm or surface water improvements; natural and manmade wetlands; channels; ditches; rivers; streams; detention and retention facilities; and other flood control facilities and works for the collection, conveyance, pumping, treating, controlling, managing and disposing of water carried pollutants or storm or surface water.

    C.    "Storm Water Customer" shall mean the owner of any real property served, whether voluntarily or involuntarily, by the function of any Sewer, Sewer System, or Sewer Systems, which captures, controls, conveys, discharges, manages, or regulates the flow or water quality of storm and surface waters within and from the City, or is served by the administration, activities and operation of the Storm Water Management Program of the City.  This service shall include, but not be limited to, capturing, controlling, conveying, discharging, improving, managing, and regulating the flow and water quality of storm and surface water from a property or from other properties situated at higher or lower elevations that might otherwise be subservient in right, and the administrative, planning, technical, regulatory and enforcement actions necessary to provide these services.

    D.    "Storm Water Management Program" shall mean all aspects of work necessary to perform and provide storm and surface water services in the City, including but not limited to administration, planning, engineering, operations, maintenance, best management practices, control measures, public education, citizen participation, regulation and enforcement, protection, and capital improvement of systems and facilities, plus such non-operating expenses as reserves and bond debt service coverage associated with provision of the Storm Water Management Program.

SECTION 3.  Sewer Systems; Powers of the City.

The City shall have all powers necessary or convenient to plan, study, design, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, protect, manage, and regulate and enforce the proper use of a Sewer System or Sewer Systems, including the powers that the City may, from time to time, establish by way of ordinances and/or resolutions adopted by the Governing Body of the City and including, but not by way of limitation, the following powers:

    A.    To impose service fees on Storm Water Customers.  The method of calculating and fixing these service fees shall be as established by ordinary ordinances or by rules and regulations heretofore or hereafter adopted;

    B.    To provide that service fees authorized in subparagraph (A) above may be certified by the City Clerk to the County Clerk of Johnson County, Kansas, to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as taxes;

    C.    To use the proceeds of the service fees authorized in subparagraph (A) above, together with any other available revenues, to pay the costs of the Storm Water Management Program, including but not limited to the costs to plan, study, design, engineer and operate the Storm Water Management Program and to plan, study, design, engineer, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, manage, protect, acquire real or personal property by purchase, lease, donation, condemnation, or otherwise for, and regulate and enforce the use of a Sewer System or Sewer Systems;

    D.    To use and to pledge the proceeds of the service fees authorized in subparagraph (A) above, and any available taxes, to pay the principal and interest on general obligation or revenue bonds heretofore or hereafter issued; and pending the issuance of the general obligation bonds or revenue bonds to issue temporary financing for these purposes;

    E.    To contract with agencies of the federal government, the State of Kansas, other states, counties, cities, drainage districts, public bodies of the state, or other states, or with any person to jointly plan, study, design, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, protect, acquire real or personal property by purchase, lease, donation, condemnation, or otherwise for a Sewer System or Sewer Systems; regulate the use of a Sewer System or Sewer Systems; and to plan, study, design, engineer, operate, administer, maintain, and manage the Storm Water Management Program;

    F.    To contract with agencies of the federal government, State of Kansas, other states, counties, cities, drainage districts, public bodies of the state, or other states, or with any person for receiving and treating storm or surface water from outside the limits of the City;

    G.    To carry out the Storm Water Management Program, including but not limited to the power to plan, study, engineer, design, administer, manage, maintain, and operate the Storm Water Management Program and to plan, study, design, engineer, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, protect, acquire real or personal property by purchase, lease, donation, condemnation, or otherwise for and regulate the use of a Sewer System or Sewer Systems within or outside the City;

    H.    To borrow money and to apply for and accept advances, loans, grants, contributions, or any other form of financial assistance from the federal government, the State of Kansas, other states, counties, cities, drainage districts, or any other public body for the purposes of this act, and the City may, when contracting with the federal government for financial assistance, include in any contract the conditions imposed pursuant to federal law as the City may deem reasonable and appropriate;

    I.    To, under the authority granted herein, establish a storm and surface water utility to be accounted for as a separate enterprise fund or special revenue fund of the City, as deemed reasonable and appropriate by the Governing Body of the City; and

    J.    To utilize any mechanism deemed reasonable and appropriate by the Governing Body of the City to deliver billings to Storm Water Customers for services.

SECTION 4.  Rules and Regulations Authorized; Billing and Collection

of Service Fees.

The City shall have the power by ordinance or resolution to adopt rules and regulations that shall relate to the management and operation of its Storm Water Management Program and Sewer System or Sewer Systems; the method of calculating and fixing the service fees applicable to properties served by the Sewer System or Sewer Systems or activities associated therewith; security for the payment thereof, and methods and rules of collection; and the disposition of the revenue therefrom.  In the event any person served by the City's Sewer System or Sewer Systems shall neglect, fail or refuse to pay service fees fixed by the Governing Body of the City, as authorized by rules and regulations adopted under the authority of this section and if a billing system has been established for the delivery and collection of service fees, the City may take any action authorized by law to collect any fees that are due and owing.

SECTION 5. Issuance of Sewer System revenue bonds; requirements.

A. The Governing Body of the City shall have the power to issue revenue bonds from time to time in its discretion, without an election, to finance the planning, altering, enlarging, extending, improving, constructing, and reconstructing of a Sewer System or Sewer Systems under this Charter Ordinance. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the City derived from or held in connection with its Sewer System or Sewer Systems: Provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the federal government.

B. Bonds issued under this section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and shall not be subject to the provisions of any other law relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of this Charter Ordinance are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.

C. Bonds issued under this section shall be authorized by ordinance or resolution of the governing body and may be issued in one or more series and shall bear such date or dates, be payable on demand or mature at such time or times, bear interest at such rate or rates, not exceeding the maximum rate of interest prescribed by K.S.A. 10-1009, be in such denomination or denominations, be in such form, have such rank or priority, be executed in such manner, and be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics as may be provided by such ordinance or resolution issued pursuant thereto.

SECTION 6.  Powers supplemental and additional.  

The power granted herein with respect to the Storm Water Management Program, including but not limited to the power to plan, study, design, engineer, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, manage, maintain, protect, acquire real or personal property by purchase, lease, donation, condemnation, or otherwise for and regulate the use of a Sewer System or Sewer Systems and to issue bonds shall be supplemental to and not amendatory of the provisions of all other laws heretofore or hereafter in force and shall not be construed to limit the City's authority under the provisions of any other laws.

SECTION 7. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 8. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than twothirds of the members elect voting in favor thereof the 11th day of June, 2001.

Ed Eilert, Mayor

ATTEST:

Marian Cook, City Clerk

APPROVED AS TO FORM:

Jane NeffBrain

Senior Assistant City Attorney

Passed: 6-11-01

Published: 6-13-01

6-20-01

Effective: 8-20-01

Effective on: 1/1/1901

Charter Ordinance No. Ninety-Four

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS,

FROM SECTIONS 13-14a01, 13-14a02, 13-14a03, 13-14a04, 13-14a05, 13-14a06, 13-14a07, 13-14a08, 13-14a09, 13-14a11, 13-14a12, AND 13-14a13 OF THE KANSAS STATUTES ANNOTATED PERTAINING TO FIRE AND POLICE DEPARTMENT RETIREMENT SYSTEMS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT AND REPEALING OVERLAND PARK CHARTER ORDINANCE NUMBER NINETY-TWO.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the state of Kansas, hereby elects to exempt itself from and make inapplicable to it Sections 13-14a0l, 13-14a02, 13-14a03, 13-14a04, 13-14a05, 13-14a06, 13-14a07, 13-14a08, 13-14a09, 13-14a11, 13-14a12, and 13-14a13 of the Kansas Statutes Annotated and provide substitute and additional provisions therefor; said sections relate to Fire and Police Department Retirement Systems, an enactment of the legislature which is applicable to the City of Overland Park, but not uniformly applicable to all cities.

SECTION 2. The Overland Park, Kansas, Police Department Retirement Plan (the “Police Department Plan”) and the Overland Park, Kansas, Police Department Retirement Trust Agreement (the “Police Department Trust Agreement”), as previously established under authority of Overland Park Charter Ordinance Number Eight and Overland Park Ordinances PEN-497, PEN-497A, PEN-497B and PEN-842 and reestablished by Charter Ordinance Number Twenty Seven, Charter Ordinance No. Eighty-Three, and Charter Ordinance No. Ninety-Two are hereby further reestablished and reaffirmed.

The Overland Park, Kansas, Fire Department Retirement Plan, as originally established by the Overland Park Fire Department, Incorporated, as of January 1, 1969, subsequently amended and restated by the Overland Park Fire Department, Incorporated, and then assumed by the City of Overland Park, Kansas, as of September 1, 2003 (the “Fire Department Plan”), and the Overland Park, Kansas, Fire Department Retirement Trust, as established by the Overland Park Fire Department, Incorporated, and then assumed, amended, and restated by the City of Overland Park, Kansas, as of September 1, 2003 (the “Fire Department Trust Agreement”), and reestablished by Charter Ordinance No. Eighty-Three and Charter Ordinance No. Ninety-Two are hereby reestablished and reaffirmed.

The Governing Body is authorized to amend, by resolution, either the Police Department Plan or Trust Agreement or the Fire Department Plan or Trust Agreement, provided that such amendments shall not conflict with any provisions of this Charter Ordinance.

SECTION 3. Effective as of January 1, 2011, the Police Department Plan and Trust Agreement and the Fire Department Plan and Trust Agreement shall be amended to provide that the Police Department Plan and the Fire Department Plan will be governed by the City Manager or the City Manager’s designee. At that same time, the Boards of Trustees currently serving under the Police Department Trust Agreement and the Fire Department Trust Agreement shall be replaced by one or more institutional Trustees, which shall be subject to direction by the City Manager or the City Manager’s designee.

SECTION 4. Police officers and fire fighters (collectively, “Public Safety Officers”) who are first employed by the City on or after January 1, 2011, will not be eligible to participate in either the Police Department Plan or the Fire Department Plan. Instead, pursuant to the City’s 1965 affiliation with the Kansas Public Employees Retirement System (“KPERS”), such Public Safety Officers shall participate in the Kansas Police and Firemen’s Retirement System (“KP&F”), a division of KPERS, upon the City’s affiliation with KP&F pursuant to K.S.A. 74-4954.

SECTION 5. One or more policies providing disability income and life insurance for the benefit of Public Safety Officers and their dependents shall be purchased and maintained to supplement, to the extent provided in the Plans, the provisions of the Police Department Plan, the Fire Department Plan, and their related Trust Agreements. In addition, one or more policies providing life insurance for the benefit of Public Safety Officers and their dependents shall be purchased and maintained to supplement the provisions of KP&F.

SECTION 6. For the purposes of funding the Police and Fire Department Plans, honoring the City’s obligation to make contributions to KP&F, and purchasing any insurance described in Section 5 of this Charter Ordinance, the City shall make annual contributions from the City’s General Fund. Contributions to the Police and Fire Department Plans shall be made in compliance with K.S.A. 2009 Supp. 12-5002 or any amendments thereto, and shall be maintained in order to fund the Plans on an actuarially-sound basis. Contributions to KP&F shall be made in accordance with the KP&F statutory provisions (K.S.A. 74-4951 et seq.).

SECTION 7. Existing Overland Park Charter Ordinance Number Ninety-Two is hereby repealed.

SECTION 8. This ordinance shall be published once each week for two consecutive weeks in an official City newspaper.

SECTION 9. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless within 60 days of its final publication a petition signed by a number of electors of the city of overland park equal to not less than ten percent of the number of electors who voted at the last preceding regular city election shall be filed in the office of the city clerk of overland park demanding an election on the charter ordinance, in which case the charter ordinance shall become effective only if and when approved by a majority of the electors voting thereon.

PASSED by the Governing Body, not less than two-thirds of the members-elect voting in favor thereof, the 13th day of September, 2010.

(s) Carl Gerlach

Carl Gerlach, Mayor

ATTEST:

(s) Marian Cook

Marian Cook

City Clerk

APPROVED AS TO FORM:

(s) Michael R. Santos

Michael R. Santos

Deputy City Attorney

Passed: September 13, 2010

Published: September 22, 2010

September 29, 2010

Effective: November 29, 2010

Effective on: 1/1/1901

CHARTER ORDINANCE NO. NINETY-EIGHT

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 79-41a04(d), AND AMENDMENTS THERETO, PERTAINING TO LOCAL ALCOHOLIC LIQUOR FUNDS; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS CONCERNING THE SAME SUBJECT.

WHEREAS, the City of Overland Park, Kansas, receives funds from the State of Kansas local alcoholic liquor fund pursuant to K.S.A. 79-41a04; and

WHEREAS, the use and expenditure of the funds deposited in the City’s special alcohol and drug programs fund is governed by the provisions of K.S.A. 79-41a04(d); and

WHEREAS, the provisions of K.S.A. 79-41a04(d) governing special alcohol and drug program funds have been the subject of differing interpretations, including interpretations limiting the appropriate use of such funds; and

WHEREAS, the Governing Body desires to clarify and amend the possible uses for funds in its special alcohol and drug programs fund to better reflect the priorities and needs of the community as the Governing Body determines.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

Section 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and make inapplicable to it the provisions of K.S.A. 79-41a04(d), which is part of an enactment that applies to the City of Overland Park but is not uniformly applicable to all cities.

Section 2. Pursuant to Article 12, Section 5, of the Constitution of the State of Kansas, the Governing Body hereby adopts the following language as substitute and additional provisions for K.S.A. 79-41a04(d):

The City’s Chief Financial Officer, upon receipt of any moneys distributed by the State of Kansas pursuant to K.S.A. 79-41a04, and amendments thereto, shall deposit the full amount in the City treasury and shall credit 1/3 of the deposit to the general fund of the City, 1/3 to a special parks and recreation fund in the City treasury and 1/3 to a special alcohol and drug programs fund in the City treasury. Moneys in such special funds shall be under the direction and control of the Governing Body of the City. Moneys in the special parks and recreation fund may be expended only for the purchase, establishment, maintenance or expansion of park and recreational services, programs and facilities. Moneys in the special alcohol and drug programs fund may be expended on such programs, activities, efforts, services, equipment, personnel, and capital expenditures, or a portion thereof, that the Governing Body determines have as a primary purpose, include as a partial element, or will result in one or more of the following:

1. 1.
   Prevention of alcohol and drug abuse, including but not limited to encouraging healthy youth and family development, counseling those affected by substance abuse or domestic violence, providing shelter to victims of substance abuse or domestic violence, and assisting persons with mental health issues;
2. 2.
   Education about alcohol and drug abuse, including but not limited to public information efforts, educating the public and City personnel about alcohol and drug abuse, education related to overdoses and treatment of overdose victims, and supporting research related to alcoholism and drug abuse;
3. 3.
   Alcohol and drug detoxification, including but not limited to helping alcoholics and drug abusers enroll in detoxification programs;
4. 4.
   Intervention in alcohol and drug abuse or for persons who are in danger of becoming alcoholics or drug abusers, including but not limited to law enforcement, prosecution, correction, rehabilitation, and court activities and programs, or portions thereof, that are related to alcohol or drugs, persons who abuse alcohol or drugs, or persons in danger of becoming alcoholics or drug abusers; and
5. 5.
   Treatment of persons who abuse alcohol or drugs or persons who are in danger of becoming alcoholics or drug abusers, including but not limited to screening and evaluation, case management and counseling, community-based recovery services during and after treatment to sustain treatment and recovery, providing and coordinating services needed to successfully complete recovery and reintegration, and assistance with supportive services such as travel to detoxification, treatment, or evaluation.

Moneys in the special alcohol and drug programs fund may also be expended on the administrative costs of any City personnel, independent contractor, or alcohol and drug advisory committee that reviews applications to receive funds from the City’s special alcohol and drug programs fund, makes recommendations to the Governing Body concerning the award of such funds, or monitors the expenditure of such funds.

In determining compliance with the provisions of this Ordinance, the appropriation of funds by the Governing Body for programs, activities, efforts, services, equipment, personnel, capital expenditures, and other costs shall be conclusive of compliance with provisions of this Ordinance and separate findings shall not be required.

Section 3. This Ordinance shall be published once each week for two consecutive weeks in an official City Newspaper.

Section 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, the 5th day of March, 2018.

CITY OF OVERLAND PARK, KANSAS

(s) Carl Gerlach                                           

Carl Gerlach, Mayor

ATTEST:

(s) Elizabeth Kelley                                            

Elizabeth Kelley, City Clerk

APPROVED AS TO FORM:

(s) Michael Koss                                                   

Michael Koss
Assistant City Attorney II

Effective on: 1/1/1901

Charter Ordinance No. Ninety-Nine

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM ALL THE PROVISIONS OF K.S.A. 12-1692, 12-1693, 12-1694, 12-1694b, AND K.S.A. 12-1695, WHICH RELATE TO THE LEVY OF A TRANSIENT GUEST TAX BY CITIES LOCATED WITHIN COUNTIES HAVING A POPULATION OF MORE THAN THREE HUNDRED THOUSAND (300,000); FROM ALL THE PROVISIONS OF K.S.A. 12-1696, RELATING TO DEFINITIONS PERTAINING TO TRANSIENT GUEST TAX; FROM THE PROVISIONS OF K.S.A. 12-1697 (a) RELATING TO THE LEVY OF TRANSIENT GUEST TAX; FROM THE PROVISIONS OF K.S.A. 12-1698 (e), RELATING TO CITY TRANSIENT GUEST TAX FUND; FROM ALL THE PROVISIONS OF K.S.A. 12-16,101, RELATING TO A COMMITTEE TO MAKE RECOMMENDATIONS FOR PROGRAMS AND EXPENDITURES; AND FROM ALL THE PROVISIONS OF K.S.A. 12-16,113, RELATING TO AN ANNUAL ACCOUNTING OF EXPENDITURES; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND FURTHER REPEALING CHARTER ORDINANCE NUMBERS THIRTY-FIVE, FORTY-ONE, FIFTY-SEVEN, SEVENTY, AND NINETY-ONE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

Section 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it all the provisions of K.S.A. 12-1692, 12-1693, 12-1694, 12-1694b, and K.S.A. 12-1695, which relate to the levy of a transient guest tax by cities located within counties having a population of more than three hundred thousand (300,000); all the provisions of K.S.A. 12-1696, relating to definitions pertaining to transient guest tax; the provisions of Subparagraph (a) of K.S.A. 12-1697 and the provisions of Subparagraph (e) of K.S.A. 12-1698, which relate to the levy of a transient guest tax, to the maximum rate thereof, and to the purposes for which transient guest tax revenues may be spent; all the provisions of K.S.A. 12-16,101, relating to a committee to make recommendations for programs and expenditures; and all the provisions of K.S.A. 12-16,113, relating to an annual accounting of expenditures; and hereby provides substitute and additional provisions on the same subjects as set forth herein; hereby authorizes the issuance of transient guest tax revenue bonds without an election thereon; hereby authorizes expenditure of transient guest tax revenues for the purpose of paying the principal and interest on sales tax revenue bonds, transient guest tax revenue bonds or other bonds issued by the City for certain purposes; hereby authorizes a pledge solely and only of transient guest tax revenues to the payment of transient guest tax revenue bonds without an election thereon; hereby authorizes the appointment or establishment of a body to make recommendations for programs and expenditures; and hereby authorizes an annual accounting of expenditures. Such referenced statutes are applicable to the City of Overland Park but are part of enactments that are not uniformly applicable to all cities in Kansas.

Section 2. The City of Overland Park, Kansas, a city of the first class, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from all the provisions of K.S.A. 12-1692, 12-1693, 12-1694, 12-1694b, and 12-1695, which are part of enactments that apply to said city, but not uniformly to all cities, and provides the following substitute and additional provisions on the same subject:

“The City of Overland Park is a city of the first class authorized by law to levy transient guest tax. The transient guest tax levied by the City shall be administered and collected by the Kansas Department of Revenue in accordance with K.S.A. 12-1696 et seq. and amendments thereto and this Ordinance.”

Section 3. The City of Overland Park, Kansas, a city of the first class, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from all the provisions of K.S.A. 12-1696, which is part of an enactment that applies to said city, but not uniformly to all cities, and provides the following substitute and additional provisions on the same subject:

“As used in this act, the following words and phrases have the meaning respectively ascribed to them herein:

1. a.
    “Person” means an individual, firm, partnership, corporation, joint venture or other association of persons;
2. b.
   “Hotel, motel or tourist court” means: (1) any structure or building which contains rooms furnished for the purposes of providing lodging, which may or may not also provide meals, entertainment or various other personal services to transient guests, and which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient or permanent guests and having more than two bedrooms furnished for the accommodation of such guests; or (2) any short-term rental.
3. c.
   “Transient guest” means a person who occupies a room in a hotel, motel or tourist court for not more than 28 consecutive days;
4. d.
   “Business” means any person engaged in the business of renting, leasing or letting living quarters, sleeping accommodations, rooms or a part thereof in connection with any hotel, motel or tourist court, including any short-term rental company;
5. e.
   “Accommodations broker” means any business which maintains an inventory of two or more rooms in one or more locations which are offered for pay to a person or persons for not more than 28 consecutive days.
6. f.
   “Short-term rental” means any home, cabin, apartment, condominium, or other residential dwelling where one or more rooms is offered for pay to a person or persons, and which is advertised online through a short-term rental company.
7. g.
   “Short-term rental company” means a person or an affiliate of the person that: (1) provides a platform through which an unaffiliated person, or the agent of an unaffiliated person, offers one or more short-term rentals in exchange for payment, and (2) the person or an affiliate of the person collects or processes the payment for the short-term rentals.

Section 4. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from, and makes inapplicable to it, the provisions of K.S.A. 12-1697(a), which is part of an enactment that applies to said city, but not uniformly to all cities, and provides the following substitute and additional provisions on the same subject:

"(a) The Governing Body of the City of Overland Park, Kansas, is hereby authorized to levy a transient guest tax at a rate not to exceed nine percent (9%) upon the gross receipts derived from or paid by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel or tourist court. The percentage of such tax shall be determined by the Governing Body and shall be specified in an ordinary ordinance authorizing the same.”

Section 5. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from, and makes inapplicable to it, the provisions of K.S.A. 12-1698(e), which is part of an enactment that applies to said city, but not uniformly to all cities, and provides the following substitute and additional provisions on the same subject:

“(e)(i) Revenues received by the City from the transient guest tax shall be expended solely and only for the purpose of promoting activities relating to conventions and tourism; for the purpose of paying all or a part of the cost of designing, acquiring, constructing, reconstructing, improving, equipping, furnishing, repairing, enlarging, remodeling, operating and maintaining capital projects relating to conventions and tourism, including, but not limited to real estate, buildings, improvements, furnishings, machinery and equipment for a convention center, exposition hall, public auditorium and related facilities; for the purpose of paying the principal and interest on sales tax revenue bonds, transient guest tax revenue bonds or other bonds issued by the City, the proceeds of which are used to design, acquire, construct, reconstruct, improve, equip, furnish, repair, enlarge and remodel such capital projects; and for the purpose of paying for economic development in an amount up to $50,000 per year. The revenues received by the City from the transient guest tax shall be credited to such fund or funds of the City and shall be apportioned among the above-listed purposes in an ordinary ordinance.

(ii) The City of Overland Park is hereby authorized to issue transient guest tax revenue bonds for the purpose of paying all or part of the cost of designing, acquiring, constructing, reconstructing, improving, equipping, furnishing, repairing, enlarging or remodeling capital projects relating to conventions and tourism, including, but not limited to, real estate, buildings, improvements, furnishings, machinery and equipment for a convention center, exposition hall, public auditorium and related facilities, and to pledge solely and only transient guest tax revenues to the payment of the transient guest tax revenue bonds, all without an election thereon. In no event shall such bonds be a general obligation of the City of Overland Park, nor constitute an indebtedness of the City of Overland Park for which the faith and credit of the City of Overland Park is pledged, nor give rise to a charge against the general credit or taxing powers of the City of Overland Park, and such bonds shall so state on their face.”

Section 6. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from, and makes inapplicable to it, the provisions of K.S.A. 12-16,101, which is part of an enactment that applies to said city, but not uniformly to all cities, and provides the following substitute and additional provisions on the same subject:

“The City may adopt a resolution setting forth substitute and additional provisions for establishing or appointing a committee or other body to make recommendations concerning the use of transient guest taxes to serve the needs of the City.”

Section 7. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from, and makes inapplicable to it, the provisions of K.S.A. 12-16,113, which is part of an enactment that applies to said city, but not uniformly to all cities, and provides the following substitute and additional provisions on the same subject:

“Any entity which receives transient guest tax revenues from the City in the aggregate in any year in excess of $25,000 for the purpose of paying the costs of tourism and convention activities pursuant to any charter ordinance, ordinance, or resolution which imposes a transient guest tax, shall provide for the separate accounting of the receipt and disbursement of such funds and shall provide to the city an accounting of the receipt and expenditures of such funds that is acceptable to the City after the end of the fiscal year of such entity.”

Section 8.  Rules and Regulations. The City Manager is authorized to adopt reasonable rules and regulations as may be necessary for the lawful implementation of this Ordinance.

Section 9.  Severability. It is hereby declared to be the intention of the governing body that the sections, subsections, paragraphs, sentences, clauses and phrases of this charter ordinance are severable, and if any phrase, clause, sentence, paragraph, subsection or section of this charter ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, subsections and sections of this charter ordinance, since the same would have been enacted by the governing body without the incorporation into this charter ordinance of any unconstitutional or otherwise invalid phrase, clause, sentence, paragraph, subsection or section.

Section 10. Charter Ordinance Nos. Thirty-Five, Forty-One, Fifty-Seven, Seventy, and Ninety-One are hereby repealed.

Section 11.  This Ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

Section 12.  THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, the 20th day of July, 2020.

CITY OF OVERLAND PARK

(s) Carl Gerlach                                  

Carl Gerlach, Mayor

ATTEST:

(s) Elizabeth Kelley                            

Elizabeth Kelley, City Clerk

APPROVED AS TO FORM:

(s) Michael Koss                                 

Michael Koss, Senior Assistant City Attorney

Effective Date 10/4/2020

Effective on: 1/1/1901

Charter Ordinance No. One Hundred

A CHARTER ORDINANCE RELATING TO THE FORM OF GOVERNMENT OF THE CITY OF OVERLAND PARK, KANSAS; EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM K.S.A. 12-104a, 12-3003, 13-502, 13-506, 13-507, 13-508, 13-510, 13-511, 13-512, 13-513, 13-515, 13-516, 13-518, 13-526a, 13-527, 13-1410, 25-2107(b), 25-2108a, 25-2113, AND 25-21a01(d); REPEALING CHARTER ORDINANCE NUMBERS ELEVEN AND NINETY-SEVEN; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ESTABLISHING A MAYOR-COUNCIL-MANAGER FORM OF GOVERNMENT FOR THE CITY OF OVERLAND PARK, KANSAS.

WHEREAS, on November 6, 1962, the citizens of the City of Overland Park voted to adopt the mayor-council-manager form of government; and

WHEREAS, pursuant to the City’s home rule powers and K.S.A. 12-184b, the City may reaffirm its citizens’ adoption of the mayor-council-manager form of government; and

WHEREAS, pursuant to the City’s home rule powers and K.S.A. 12-184b, the City hereby reaffirms the vote of its citizens and adopts the mayor-council-manager form of government;

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

Article I. Statutes made inapplicable.

The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-104a, 12-3003, 13-502, 13-506, 13-507, 13-508, 13-510, 13-511, 13-512, 13-513, 13-515, 13-516, 13-518, 13-526a, 13-527, 13-1410, 25-2107(b), 25-2108a, 25-2113, and 25-21a01(d), and provide substitute and additional provisions as hereinafter set forth in this charter ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this city but are not applicable uniformly to all cities.

Article II. City council, mayor and council president.

Section 2.1. Composition and eligibility.

1. A.
   Composition. The governing body shall consist of a mayor elected by the city as a whole and twelve (12) council members elected by wards. Each ward shall be represented by two council members.
2. B.
   Eligibility. The mayor and each council member shall be a citizen of the United States and a qualified elector of Overland Park, Kansas, and must reside in the city at the time of filing for election and thereafter for the duration of their terms. Council members from wards shall be residents of their respective wards at the time of filing for election and thereafter for the duration of their terms unless removal from the ward is the result of reapportionment.

Section 2.2.  Elections and terms.

1. A.
   Nonpartisan elections.  City elections shall be nonpartisan.  Laws applicable to elections occurring at the same time as city elections shall apply to city elections to the extent that the same are not in conflict with the provisions of Article 21 of Chapter 25 of the Kansas Statutes Annotated.
2. B.
   Date of primary and general city elections.  The primary election of the city officers shall be held on the first Tuesday in August of every odd-numbered year.  The general election of the city officers shall be held on the Tuesday succeeding the first Monday in November of every odd-numbered year.  Both elections shall be conducted in the manner prescribed in this charter ordinance and applicable state law.
3. C.
   Filing deadlines for city elections. 

   1. 1.
      The filing deadline for all city elections shall be twelve noon on June 1, prior to the primary election in odd-numbered years, or if such date falls on a Saturday, Sunday or holiday, then before twelve noon of the next day that is not a Saturday, Sunday or holiday. Any person who meets the qualifications for the office sought may become a candidate for municipal office by filing a declaration of intent to become a candidate with the Johnson County Election Office.
   2. 2.
      Any person desiring to become a candidate for a city office elected at large may file with the Johnson County Election Office a nomination petition signed by five hundred (500) qualified electors of the city or a number of qualified electors of the city equal to 5% of the ballots cast at the last general city election, whichever is less.
4. D.
   Procedure for conduct of primary city elections.

   1. 1.
      In 2005 and in each subsequent year in which the term of the mayor expires, if no more than two (2) candidates have filed for the office of mayor, both such candidates shall automatically be listed on the general city election ballot; but if more than two (2) candidates have filed for the office of mayor, a primary city election at large shall be held for the nomination of two (2) candidates for the office.  Each qualified elector of the city shall be entitled to vote for one (1) candidate.  The two (2) candidates receiving the highest number of votes cast shall be placed on the general city election ballot as the candidates nominated for election as mayor.
   2. 2.
      In 2005 and in each subsequent year in which the term of a council member expires, if no more than two (2) candidates have filed for the office of council member to be filled, both such candidates shall automatically be listed on the general city election ballot; but if more than two (2) candidates have filed for the office of council member to be filled, a primary city election shall be held within each such ward for the nomination of two (2) candidates from that ward.  Each qualified elector who is a resident of the ward shall be entitled to vote for one (1) candidate from his or her ward.  The two (2) candidates from each such ward receiving the highest number of votes cast shall be placed on the general city election ballot as the candidates nominated for election from the ward.
5. E.
   Procedure for conduct of general city elections. 

   1. 1.
      In the general city election in 2005 and in each subsequent year in which the term of the mayor expires, all qualified electors of the city shall be entitled to vote on the election of the mayor.  Of the candidate or candidates nominated or automatically listed for the office of mayor, the candidate receiving the highest number of votes in the general city election shall be elected as mayor.
   2. 2.
      In the general city election in 2005 and in each subsequent year in which the term of a council member expires, all qualified electors of the ward shall be entitled to vote on the election of the council member from that ward.  Of the two (2) candidates nominated or automatically listed from each ward, the candidate receiving the highest number of votes in the general city election shall be elected as council member from the ward.
6. F.
   Terms of office.

   1. 1.
      The incumbent members of the governing body shall continue in office for the duration of their terms as heretofore established.
   2. 2.
      At the primary and general city elections held in 2005 the position of mayor shall be filled by election, and the person so elected in 2005 shall succeed to the position of mayor.  The person elected as mayor in 2005 and in subsequent elections shall hold the position of mayor for a term of four (4) years and until the person’s successor has been duly elected and qualified.
   3. 3.
      At the primary and general city elections held in 2005 all council member positions which were last filled by election in 2001 and the Ward Six council member position filled for an initial two-year term in 2003, shall be filled by election, and those persons so elected in 2005 shall succeed to those council member positions.  Those persons elected as council members in 2005, and in subsequent elections, shall hold their positions for a term of four (4) years and until their successors are duly elected and qualified.
   4. 4.
      At the primary and general city elections held in 2007 all council member positions which were last filled by election in 2003 except for the Ward Six council member position filled for an initial two-year term in 2003 shall be filled by election.  Those persons elected as council members in 2007, and in subsequent elections, shall hold their positions for a term of four (4) years and until their successors are duly elected and qualified.
   5. 5.
      The term of the mayor and those council members whose terms were to expire in April 2017, shall expire on the second Monday in January of 2018, when the succeeding mayor and council members elected in the November 2017 general election take office. Those council members whose terms were to expire in April 2019, shall expire on the second Monday in January of 2020, when the succeeding council members elected in the November 2019 general election take office. The term of the council president whose term was to expire in April 2017, shall expire on the date of the second regular meeting in February of 2017, when the succeeding council president shall be elected and take office.
   6. 6.
      The term of the mayor and those council members whose terms were to expire on the second Monday in January of 2022, shall expire when the succeeding mayor and council members elected in the November 2021 general election take office. The term of those council members whose terms were to expire on the second Monday in January of 2024, shall expire when the council members elected in the November 2023 general election take office. The term of the mayor and council members elected in the November 2021 general election, and the term of the council members elected in the November 2023 general election, shall commence on or after December 1 following the certification of the election for each respective office and no later than the second Monday in January following certification of the election for each respective office, which date shall be established by resolution. Those persons elected as mayor and council members in 2021 and 2023, and in subsequent elections, shall hold their positions for a term of four (4) years and until their successors are duly elected and qualified. The term of the council president whose term was to expire at the first regular City Council meeting after the second Monday in January 2022, shall expire on a date after the mayor and council members elected in the November 2021 general election take office and upon the succeeding council president being elected and taking office, which date shall be established by resolution.

Section 2.3. Wards.

1. A.
   Number of Wards. The city shall be divided into six wards numbered one through six for purposes of the city elections held in 2003 and thereafter.
2. B.
   Ward Boundaries. Dividing lines between wards shall follow precinct boundaries established by the Johnson County Election Commissioner. The governing body of the city may, by ordinance, adjust the ward boundaries to reflect approximately equal population effective in December of any even-numbered year. The governing body shall, by ordinance, adjust the ward boundaries to reflect approximately equal population effective in December of every even-numbered year in which the maximum population deviation equals or exceeds 10%. The governing body shall certify the boundaries so adjusted to the Johnson County Election Commissioner.

Section 2.4.  Council president, election of, powers and duties. 

1. A.
   On a date established by resolution, the council shall elect, by seven (7) affirmative votes cast by signed written ballot, one of its members as president of the council who, in the absence or disability of the mayor shall become acting mayor. Abstentions and blanks shall not be counted as votes cast. Such council member shall retain all his or her voting rights and other prerogatives as council member while acting as mayor; may sign all ordinances, resolutions, and agreements approved by the council while the council member was acting as mayor, provided the mayor may veto such ordinances and resolutions prior to their effective date; and shall not have the power to veto any ordinance or resolution.
2. B.
   Whenever the council president succeeds to the office of mayor pursuant to Section 2.5 B, below, the remaining membership of the council shall elect a new council president in the manner set out in Section 2.4 A, above.
3. C.
   If there is a vacancy in the office of mayor and council president, and the council has not yet elected a council president as set out in Section 2.4 A, the interim acting mayor shall be the first eligible Chairperson of the Council Committees in the following rotation: Public Safety; Public Works; Finance, Administration and Economic Development; and Community Development.

Section 2.5. Filling vacancies in office of mayor and council member.

1. A.
   The mayor and council members shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the position of mayor, the president of the council shall serve as acting mayor until the Council elects a member to serve as mayor. The Council shall elect a member to serve as mayor within thirty days of the vacancy in the office of mayor. If such vacancy occurs before May 1 of an odd-numbered year leaving an unexpired term of more than two (2) years from said May 1, such successor shall serve in such position until a special election is held at the same time as the next regular city primary and general election and the succeeding mayor takes office. Such special election shall be held for the purpose of electing a replacement mayor to serve in such position for the remainder of the unexpired term. Such special election shall be held in the same manner as if the term were expiring and the term of the successor shall end upon election and taking of office of a mayor for the unexpired term. In all other cases, the successor shall serve the remainder of the unexpired term. Any vacancy on the Council created by the Council’s election of a member to the position of mayor would be filled in accordance with the provisions of this Section.
2. B.
   Should the president of the council be elected mayor in accordance with the provisions of this Section, there shall be a vacancy in the position of council president, which shall be filled by the remaining members of the council pursuant to Section 2.4, above, no later than the first regular council meeting following the date of occurrence of the vacancy. When the president of the council becomes mayor, there also shall be a vacancy in such council member's position on the council. Whenever a vacancy occurs for any reason in the position of council member, a screening committee composed of the mayor, president of the council and chair of the Finance, Administration and Economic Development Committee of the council shall recommend to the remaining members of the committee of the whole of the council and the mayor not to exceed two (2) persons as potential replacements within thirty (30) days from the date the vacancy is declared to have occurred by the members of the council remaining after the vacancy. The remaining members of the council and the mayor shall so declare a vacancy to have occurred at the first regular council meeting following the date of occurrence of the vacancy. Upon receipt of such recommendation from the screening committee, the committee of the whole of the council, by majority vote of the remaining members thereof and the mayor, may recommend to the remaining members of the council and the mayor either recommended replacement or may reject both such recommended replacements. Should the remaining members of the committee of the whole of the council and the mayor reject both such recommended replacements, the screening committee shall make a second recommendation of not to exceed two (2) persons other than the two persons originally recommended, as potential replacements for consideration by the remaining members of the committee of the whole of the council and the mayor within fifteen (15) days of such rejection. Upon receipt of the second recommendation from the screening committee, the committee of the whole of the council, by majority vote of the remaining members thereof and the mayor, may recommend to the remaining members of the council and the mayor either such recommended replacement or may reject both such recommended replacements. Should the remaining members of the committee of the whole of the council and the mayor reject both such recommended replacements, the council, by majority vote of the remaining members thereof and the mayor, shall appoint an elector qualified to fill the vacant position.
3. C.
   If such vacancy occurs in the position of council member before May 1 of an odd-numbered year leaving an unexpired term of more than two (2) years from said May 1, such appointed replacement shall serve in such position until a special election is held at the same time as the next regular city primary and general election and the succeeding council member takes office. Such special election shall be held for the purpose of electing a replacement to serve in such position for the remainder of the unexpired term. Such special election shall be held in the same manner as if the term were expiring and the term of the appointed member, if any, shall end upon election and taking of office of a member for the unexpired term. In all other cases, the appointed replacement shall serve the remainder of the unexpired term.

Section 2.6. General powers and duties of the governing body; voting.

1. A.
   General powers and duties. All powers of the city shall be vested in the governing body, except as the Constitution and Statutes of Kansas or this or other charter ordinances may provide otherwise. The governing body shall provide for the performance of all duties and obligations imposed on the city by law.
2. B.
   Voting.

   1. 1.
      Any ordinance shall be passed by an affirmative vote of seven (7) council members unless a greater number of votes are specifically required by another provision of law; provided, that where the number of favorable votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the ordinance.
   2. 2.
      Any resolution, motion or any other action of the governing body except charter ordinances, upon which the mayor's vote shall be counted on every occasion, and except as otherwise provided herein or by law, shall be passed at a meeting at which a quorum is present if more than half of the votes cast by council members are affirmative votes; provided, that abstentions shall not be counted as votes cast and where the number of affirmative votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the resolution, motion or other action.

Section 2.7. Powers and duties of the mayor.

The mayor shall be the titular head of the city and shall preside at all meetings of the council. The mayor shall sign all ordinances and resolutions passed by the council; provided, that the mayor shall have the power to veto any ordinance or resolution passed by the council, except the mayor shall have no power to veto a charter ordinance, or appointments by the council for vacancies on the council. Any ordinance or resolution vetoed by the mayor may be passed over the veto by the vote of two-thirds of the whole number of the council members-elect, notwithstanding the veto; and if the mayor has failed to sign or veto such ordinance or resolution by the first regular meeting following the adoption of such ordinance or resolution, the same shall take effect without the mayor’s signature. It shall be the duty of the mayor to sign all contracts and agreements authorized by the governing body, except those contracts and agreements designated by the governing body to be entered into and signed by the city manager or his/her designee. The mayor shall represent the city governing body at all official city functions and shall be the official representative of the governing body at all meetings, conferences and negotiations relating to policy matters involving other governmental units and shall recommend council action relating thereto. The mayor shall be the official representative of the governing body at all conferences and meetings with citizens' groups and organizations interested in promoting the welfare and development of the city and shall recommend council action relative thereto. The mayor may annually communicate to the council in writing such information as he or she may possess with reference to the condition of the city, and recommend such measures as he or she may deem necessary and expedient. The mayor may inform the council concerning questions of policy and may make policy recommendations to the council.

Article III. City manager.

Section 3.1.  In general.

The governing body and the city manager shall be governed by the original text of the provisions of L. 1917, ch. 86, sec. 9 to L. 1917, ch. 86, sec. 10, both sections inclusive, L. 1943, ch. 87, sec. 1, and L. 1951, ch. 135, sec. 1, in the organization and administration of the city.

Section 3.2. Powers and duties of the city manager.

The city manager shall be responsible for the administration of all of the affairs of the city. The city manager shall see that the laws and ordinances of the city are enforced. The city manager shall have the authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove all heads of departments, and all subordinate officers and employees of the city. All such appointments shall be made upon merit and fitness alone. Provided that, the city manager may delegate at his or her discretion such authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove subordinate officers and employees of the city to department directors and division heads. In addition, the city manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. The city manager shall prepare and submit the annual budget to the governing body and also keep the city fully advised as to the financial conditions and needs of the city. The city manager may make recommendations to the governing body on all matters concerning the welfare of the city and shall have a seat, but no vote, in all of the public meetings of the governing body. The city manager, or his/her designee, may enter into, execute, approve and accept, on behalf of the city, all contracts, agreements and other documents as designated by the governing body.

Article IV. Civil service commission.

Notwithstanding the provisions of Article III, above, the city shall have a civil service commission and such civil service commission shall have the jurisdiction, powers, duties and responsibilities as set forth in the ordinary ordinances of the city.

Article V. Repeal of charter ordinances.

That Charter Ordinance Nos. Eleven and Ninety-Seven be and the same are hereby repealed.

Article VI. Severability.

It is hereby declared to be the intention of the governing body that the sections, subsections, paragraphs, sentences, clauses and phrases of this charter ordinance are severable, and if any phrase, clause, sentence, paragraph, subsection or section of this charter ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, subsections and sections of this charter ordinance, since the same would have been enacted by the governing body without the incorporation into this charter ordinance of any unconstitutional or otherwise invalid phrase, clause, sentence, paragraph, subsection or section.

Article VII. Publication.

This ordinance shall be published once each week for two consecutive weeks in an official City Newspaper.

Article VIII. Effectiveness.

THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 20th day of July, 2020.

CITY OF OVERLAND PARK

(s) Carl Gerlach                                  

Carl Gerlach, Mayor

ATTEST:

(s) Elizabeth Kelley                            

Elizabeth Kelley, City Clerk

APPROVED AS TO FORM:

(s) Michael Koss                                            

Michael Koss, Senior Assistant City Attorney

Effective Date 10/4/2020

Effective on: 1/1/1901

Charter Ordinance No. 102

A CHARTER ORDINANCE RELATING TO THE MUNICIPAL COURT OF THE CITY OF OVERLAND PARK, KANSAS; EXEMPTING THE CITY FROM ALL THE PROVISIONS OF K.S.A. 12-4105, K.S.A. 12-4106, K.S.A. 12-4107, K.S.A. 12-4509, K.S.A. 12-4511, AND K.S.A. 13-628a, AND AMENDMENTS THERETO, WHICH RELATE TO MUNICIPAL COURT JUDGES; EXEMPTING THE CITY FROM ALL THE PROVISIONS OF K.S.A. 12-4108, K.S.A. 12-4109, K.S.A. 12-4112, AND K.S.A. 12-4501, AND AMENDMENTS THERETO, WHICH RELATE TO MUNICIPAL COURT ADMINISTRATION, PROCEDURES, TIMES, LOCATION, AND COSTS; EXEMPTING THE CITY FROM ALL THE PROVISIONS OF K.S.A. 12-4113(g), K.S.A. 12-4202, K.S.A. 12-4203, K.S.A. 12-4204, K.S.A. 12-4205a, K.S.A. 12-4206, K.S.A. 12-4207, K.S.A. 12-4209, K.S.A. 12-4211, K.S.A. 12-4212, K.S.A. 12-4213, AND K.S.A. 12-4301, AND AMENDMENTS THERETO, WHICH RELATE TO COMPLAINTS, NOTICES TO APPEAR, WARRANTS, DETENTIONS AND ARRESTS, APPEARANCE BONDS, AND POWERS OF MUNICIPAL LAW ENFORCEMENT OFFICERS; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NUMBERS FIFTY-TWO, SIXTY-TWO, SIXTY-SIX, SIXTY-SEVEN, EIGHTY-FIVE, NINETY-THREE, AND NINETY-FIVE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

Section 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it all the provisions of:

1. a.
   K.S.A. 12-4105, K.S.A. 12-4106, K.S.A. 12-4107, K.S.A. 12-4509, K.S.A. 12-4511, and K.S.A. 13-628a, and amendments thereto, relating to municipal court judges’ appointments, qualifications, compensation, terms, sentencing and paroles powers, and other powers and duties;
2. b.
   K.S.A. 12-4108, K.S.A. 12-4109, K.S.A. 12-4112, and K.S.A. 12-4501, and amendments thereto, relating to the appointment of personnel to carry out the functions of the municipal court; municipal court courtrooms, supplies, sessions, records, times, and location; assessments of costs and fees in municipal court; and
3. c.
   K.S.A. 12-4113(g), K.S.A. 12-4202, K.S.A. 12-4203, K.S.A. 12-4204, K.S.A. 12-4205a, K.S.A. 12-4206, K.S.A. 12-4207, K.S.A. 12-4209, K.S.A. 12-4211, K.S.A. 12-4212, K.S.A. 12-4213, and K.S.A. 12-4301, and amendments thereto, relating to complaints; notices to appear; warrants; detentions and arrests; appearance bonds; and the powers of municipal law enforcement officers filing criminal cases in the municipal court.

Such referenced statutes are applicable to the City of Overland Park but are part of enactments that are not uniformly applicable to all cities in Kansas.

Section 2.  The City of Overland Park, Kansas, a city of the first class, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from all the provisions of K.S.A. 12-4105, K.S.A. 12-4106, K.S.A. 12-4107, K.S.A. 12-4509, K.S.A. 12-4511, and K.S.A. 13-628a, and amendments thereto, which are part of enactments that apply to said city, but not uniformly to all cities, and provides the following substitute and additional provisions on the same subjects:

“The Governing Body shall provide by ordinary ordinance or resolution for its municipal court judges’ appointments, qualifications, compensation, terms, sentencing and parole powers, and other powers and duties.”

Section 3.  The City of Overland Park, Kansas, a city of the first class, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from all the provisions of K.S.A. 12-4108, K.S.A. 12-4109, K.S.A. 12-4112, and K.S.A. 12-4501, and amendments thereto, which are part of enactments that apply to said city, but not uniformly to all cities, and provides the following substitute and additional provisions on the same subjects:

“The Governing Body shall provide by ordinary ordinance or resolution for the effective administration and operation of the municipal court; for the appointment, duties, and authority of personnel to carry out the functions of the municipal court; for municipal court courtrooms, supplies, sessions, records, times, and location; and for the assessment of costs and fees in municipal court.”

Section 4.    The City of Overland Park, Kansas, a city of the first class, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from all the provisions of K.S.A. 12-4113(g), K.S.A. 12-4202, K.S.A. 12-4203, K.S.A. 12-4204, K.S.A. 12-4205a, K.S.A. 12-4206, K.S.A. 12-4207, K.S.A. 12-4209, K.S.A. 12-4211, K.S.A. 12-4212, K.S.A. 12-4213, and K.S.A. 12-4301, and amendments thereto, which are part of enactments that apply to said city, but not uniformly to all cities, and provides the following substitute and additional provisions on the same subjects:

“The Governing Body shall provide by ordinary ordinance provisions related to complaints; notices to appear; warrants; detentions and arrests; appearance bonds; and the powers of municipal law enforcement officers filing criminal cases in the municipal court.”

Section 5.  Existing Charter Ordinance Nos. Fifty-Two, Sixty-Two, Sixty-Six, Sixty-Seven, Eighty-Five, Ninety-Three, and Ninety-Five are hereby repealed.

Section 6. This ordinance shall be published once each week for two consecutive weeks in an official City newspaper.

Section 7. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 21st day of October, 2024.

CITY OF OVERLAND PARK

(s) Curt Skoog

Curt Skoog

Mayor

ATTEST:

(s) Elizabeth Kelley

Elizabeth Kelley

City Clerk

APPROVED AS TO FORM:

(s) Michael Koss

Michael Koss

City Attorney

Effective on: 1/1/1901

CHARTER ORDINANCE NO. 103

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM K.S.A. 13-1017 RELATING TO THE MAKING OF PUBLIC IMPROVEMENTS; REPEALING CHARTER ORDINANCE NO. SEVENTY-ONE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK:

Section 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 13-1017 relating to the making of public improvements. Said enactment is applicable to this City but is not uniformly applicable to all cities.

Section 2. The City may by ordinary ordinance enact substitute or additional provisions related to the subject matter contained in the statute being chartered from.

Section 3.  Charter Ordinance No. Seventy-One is hereby repealed.

Section 4.  This Charter Ordinance shall be published once each week for two consecutive weeks in an official City newspaper.

Section 5.  THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof this 2nd day of December, 2024.

CITY OF OVERLAND PARK, KANSAS

(s) Curt Skoog

Curt Skoog, Mayor

ATTEST:                                                                  

(s) Elizabeth Kelley

Elizabeth Kelley, City Clerk   

APPROVED AS TO FORM:

(s) Stephen B. Horner

Stephen B. Horner 

Senior Assistant City Attorney

Effective on: 1/1/1901

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 2nd day of June, 2025.

CITY OF OVERLAND PARK

(s) Curt Skoog                                  

Curt Skoog, Mayor

ATTEST:

(s) Elizabeth Kelley               ____          

Elizabeth Kelley, City Clerk

APPROVED AS TO FORM:

(s) Trevor Stiles                    ____         

Senior Assistant City Attorney

Effective on: 8/18/2025

CHARTER ORDINANCE NO. 106

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM K.S.A. 13-1024a, K.S.A. 13-1024b, K.S.A. 13-1024c, AND K.S.A. 12-1737, RELATING TO THE ACQUISITION AND IMPROVEMENT OF PUBLIC FACILITIES AND PROPERTY AND FOR THE PAYMENT THEREOF; REPEALING CHARTER ORDINANCE NO. FIFTY-THREE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK:

Section 1. The City of Overland Park, Kansas (the “City”), by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 13-1024a, 13-1024b, 13-1024c, and 12-1737 relating to the acquisition and improvement of public facilities or property and for the payment thereof. Such referenced statutes are applicable to this City but are not uniformly applicable to all cities in Kansas.

Section 2. “Public facility or property” shall mean any structure, building or facility owned or to be owned by the City, including the real property necessary therefor, including but not limited to streets, infrastructure, traffic signalization, off-street parking facilities, offices, maintenance facilities, public libraries, auditoriums, airport facilities, public parks, public golf courses, public safety facilities, fire facilities, police facilities, health care facilities, community buildings, recreational facilities, public meeting facilities, waterworks, bridges, viaducts, sewage disposal plants, electric light plants, other public utility plants, and related improvements.

Section 3. The City may, within and without the City, erect or construct, acquire by gift, purchase, condemnation or lease a public facility or property, vehicles, or equipment, and may improve, design, alter, repair, reconstruct, remodel, renovate, replace, extend or make additions to, furnish and equip a public facility or property, and the City may borrow money and issue its bonds to pay for the same. The authority herein conferred may also be exercised jointly or in cooperation with any other governmental unit so empowered, upon such terms and conditions as shall be agreed upon by the City and of such cooperating governmental unit or units.

Section 4. The City may, for the purposes hereinbefore authorized and provided: (a) Receive and expend gifts; (b) receive and expend grants-in-aid of state or federal funds; (c) issue general obligation bonds and temporary notes of the City; (d) levy ad valorem property taxes pursuant to applicable limits; (e) issue no-fund warrants; (f) use moneys from the general operating fund or other appropriate budgeted funds when available; (g) use moneys received from the sale of public buildings or facilities or portions thereof; (h) use moneys provided to the City for off-street parking purposes; (i) combine any two or more such methods of financing for the purposes herein authorized.

Section 5. The City may by ordinary ordinance enact substitute or additional provisions related to the subject matter contained in the statutes being chartered from.

Section 6. If any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidity shall not affect any other provision of this Charter Ordinance. In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.

Section 7. Charter Ordinance No. Fifty-Three is hereby repealed.

Section 8. This Charter Ordinance shall be published once each week for two consecutive weeks in an official City newspaper.

Section 9. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof this 21st day of July, 2025.

CITY OF OVERLAND PARK

(s) Curt Skoog                                  

Curt Skoog, Mayor

ATTEST:

(s) Elizabeth Kelley               ____          

Elizabeth Kelley, City Clerk

APPROVED AS TO FORM:

(s) Michael Koss                    ____   

City Attorney

Effective on: 10/6/25

Effective on: 1/1/1901

Charter Ordinance No. 107

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM K.S.A. 12-1738, RELATING TO THE LEASE OF ALL OR PART OF PUBLIC BUILDINGS BY THE CITY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK:

Section 1. The City of Overland Park, Kansas (the “City”), by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1738, and any amendments thereto, relating to the lease of any public building now owned or hereafter acquired by the City. Such referenced statute is applicable to this City but is not uniformly applicable to all cities in Kansas.

Section 2. The City may by ordinary ordinance enact substitute or additional provisions related to the subject matter contained in the statute being chartered from.

Section 3. If any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidity shall not affect any other provision of this Charter Ordinance. In such an instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.

Section 4. This Charter Ordinance shall be published once each week for two consecutive weeks in an official City newspaper.

Section 5. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof this 1st day of December, 2025.

CITY OF OVERLAND PARK

(s) Curt Skoog                                  

Curt Skoog, Mayor

ATTEST:

(s) Elizabeth Kelley               ____          

Elizabeth Kelley, City Clerk

APPROVED AS TO FORM:

(s) Michael Koss                    ____   

City Attorney

Effective on: 2/15/26

Effective on: 1/1/1901

Charter Ordinance No. One (Section 2 repealed by Ch. Ord. No. One-C, Section 4 repealed by Ch. Ord.)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTION 12-1036b, 12-1036c, 12-1036f, OF THE 1961 SUPPLEMENT TO THE GENERAL STATUTES OF KANSAS, 1949, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, PROVIDING FOR ELECTION OF MAYOR AND TEN COUNCILMEN, ELECTION OF PRESIDENT OF COUNCIL, TIE VOTE, TERMS OF OFFICE AND VACANCIES, DIVISION OF CITY INTO FIVE DISTRICTS AND ADJUSTMENT OF SAID DISTRICTS, POWERS AND DUTIES OF MAYOR, SPECIAL MEETINGS.

Be it Ordained by the Governing Body of the City of Overland Park, Kansas:

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council city of the first class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it Section 12-1036b, 12-1036c, 12-1036d, and 12-1036f of the 1961 Supplement to the General Statutes of Kansas, 1949, said sections being part of Chapter 101 of the Laws of Kansas, 1961, but apply only to Mayor-Council-City Manager cities of the first class, and to provide substitute and additional provisions as hereinafter provided.

*SECTION 2. The Governing Body shall consist of a mayor elected by the city as a whole and ten councilmen elected by districts as hereinafter provided. Qualifications, oaths and bonds of the mayor and councilmen shall be as provided in the general laws establishing and relating to the mayor-council form in cities of the first class. After every regular city election, the council shall elect one of its members as president of the council who, in the absence or disability of the mayor, shall become acting mayor: Provided, That such councilman shall retain all his voting rights and other prerogatives as councilman while acting as mayor. All powers now exercised by cities of the first class which are not inconsistent with this charter ordinance, or which shall hereafter be conferred upon them shall be exercised by the governing body herein provided for: Provided, That any ordinance shall be passed by a vote of six councilmen unless a greater number of votes are specifically required by another provision of law: Provided, That where the number of favorable votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the ordinance: Provided, That any resolution, motion or any other action of the governing body except charter ordinances, upon which the mayor's vote shall be counted on every occasion, shall be passed by a majority vote of the councilmen present, and where the number of favorable votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the resolution, motion or other action.

**SECTION 3. The city shall be divided into five districts, to be numbered one through five; said districts shall have the same boundaries as the present five districts of the city except that Precinct One (1) of Ward Five (5) shall be added to Ward Two (2) and detached from Ward Five (5) and be numbered as Precinct Six (6) of Ward Two (2). The precincts in Ward Five (5) shall be renumbered One (1) through Seven (7). Dividing lines between districts shall follow precinct boundaries. The governing body of the city may, by ordinance, adjust the district boundaries to reflect approximate equal population in December of 1964 and in December every two (2) years thereafter but shall adjust these boundaries in December every four (4) years thereafter.

***SECTION 4. At the first regular city election following the adoption of this charter ordinance, a mayor shall be elected and two councilmen shall be elected by each of the five districts within the city. At such election, from each district, there shall be one councilman elected for a term of one year, and one councilman elected for a term of two years. Thereafter, each councilman shall be elected for a term of two years so that each district shall elect one councilman each year. The mayor shall hold office for a term of two years, and the mayor and councilmen shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the office of mayor, the president of the council, upon being qualified, shall become mayor until the next city election and, as the case may be, until a mayor has been duly elected for a full term and has qualified: Provided, That when the president of the council becomes mayor there shall be a vacancy in the city council. A vacancy in the office of councilman shall be filled by the council, as the case may be, until the next regular city election and a councilman has been duly elected for the unexpired two-year term and has qualified, or until the next regular city election and a councilman has been duly elected for a full term and has qualified.

****SECTION 5. The mayor shall be the titular head of the city and shall preside at all meetings of the council. He shall sign all ordinances and resolutions passed by the council: Provided, that he shall have the power to veto any ordinance or resolution passed by the governing body except a charter ordinance. Any ordinance or resolution vetoed by the mayor may be passed over the veto by the vote of four-fifths of the whole number of the councilmen elect notwithstanding the veto; and if the mayor has failed to sign or veto such ordinance or resolution by the second regular meeting following the adoption of such ordinance or resolution, the same shall take effect without his signature. It shall be the duty of the mayor to sign all contracts authorized by the governing body before the city shall be liable thereon. He shall represent the city governing body at all official city functions and shall be the official representative of the governing body at all meetings, conferences and negotiations relating to policy matters involving other governmental units and shall recommend council action relating thereto. He shall be the official representative of the governing body at all conferences and meetings with citizen's groups and organizations interested in promoting the welfare and development of the city and shall recommend council action relative thereto. He may annually communicate to the council in writing such information as he may possess with reference to the condition of the city, and recommend such measures as he may deem necessary and expedient. He may inform the council concerning questions of policy, and may make policy recommendations to the council.

SECTION 6. This ordinance shall be published once each week for two consecutive weeks in the official newspaper.

SECTION 7. This is a charter ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF THE THIRD DAY OF DECEMBER, 1962.

(SEAL) Roy L. Owen, Mayor

ATTEST:

Bernice Heck, City Clerk

Passed: 12-3-62

Published: 12-12-62

12-19-62

Effective: 2-18-63

* Section 2 repealed by Charter Ordinance No. One-C

** Section 3 repealed by Charter Ordinance No. Thirty-Four

*** Section 4 repealed by Charter Ordinance No. One-A and One-B

**** Section 5 repealed by Charter Ordinance No. Four

Entire ordinance repealed by Charter Ordinance No. Thirty-Four

Effective on: 1/1/1901

Charter Ordinance No. One-A (Repealed by Ch. Ord. No. Thirty-Four)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHAPTER ORDINANCE AMENDING SECTION 4 OF CHARTER ORDINANCE NO. 1 OF THE CITY OF OVERLAND PARK, REPEALING SAID ORIGINAL SECTION AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, ELECTION OF MAYOR AND COUNCILMEN.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND

*SECTION 1. Section 4 of Charter Ordinance No. 1 is hereby amended to read as follows:

SECTION 4. At the first regular City election following the adoption of this Charter Ordinance, a mayor shall be elected and two councilmen shall be elected by each of the five districts within the City. At such election, from each district, there shall be one councilman elected for a term of one year, and one councilman elected for a term of two years. Thereafter, each councilman shall be elected for a term of two years so that each district shall elect one councilman each year. The Mayor shall hold office for a term of two years, and the mayor and councilmen shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the office of mayor, the president of the council, upon being qualified, shall become mayor until the next City election and, as the case may be, until a mayor has been duly elected for a full term and has qualified: Provided, That when the president of the council becomes mayor, there shall be a vacancy in the City council. A vacancy in the office of the councilman shall be filled by the council, from a recommendation submitted to the council by the precinct committee people from the political party represented by the councilman being replaced, and shall be communicated to the council by the party City chairman, as the ease may be, until the next regular City election and a councilman has been duly elected for the unexpired two-year term and has qualified, or until the next regular City election and a councilman has been duly elected for a full term and has qualified.

SECTION 2. Section 4 of Charter Ordinance No. 1 is hereby repealed.

SECTION 3. This Ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the Ordinance as provided in Article 12, Section 5, Subsection c(3) of the Constitution of Kansas, in which case the Ordinance shall become effective as approved by a majority of the electors voting hereupon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS VOTING IN FAVOR THEREOF THE 25TH DAY OF SEPTEMBER, 1967.

Duard Enoch, Jr., Mayor

ATTEST:

Bernice Heck, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Donald A. Culp

Assistant City Attorney

Passed: 9-25-67

Published: 10-18-67

10-25-67

Effective: 12-25-67

* Section 1 repealed by Charter Ordinance No. One-B

Entire ordinance repealed by Charter Ordinance No. Thirty-Eight

Effective on: 1/1/1901

Charter Ordinance No. One-B (Repealed by Ch. Ord. No. Twelve)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING SECTION 4 OF CHARTER ORDINANCE NO.

ONE AND ONE-A OF THE CITY OF OVERLAND PARK, KANSAS, REPEALING SAID ORIGINAL SECTION AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS PERTAINING TO THE ELECTION OF MAYOR AND COUNCILMEN:

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1 Section 4 of Charter Ordinance No. One is hereby amended as follows:

SECTION 4 At the first regular City election following the effective date of this Charter Ordinance, being the regular City election in the calendar year 1969, a mayor shall be elected and one councilman shall be elected by each of the five districts within the City, said mayor and said councilmen shall be elected for a term of three years. The Mayor and councilmen shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the office of mayor, the president of the council, upon being qualified, shall become mayor until the next City election and, as the case may be, until a mayor has been duly elected for a full term and has qualified: Provided, That when the president of the council becomes mayor, there shall be a vacancy in the City Council. A vacancy in the office of the councilman shall be filled by the council, from a recommendation submitted to the council by the precinct committee people from the political party represented by the councilman being replaced, and shall be communicated to the council by the party City chairman, as the case may be, until the next regular City election and a councilman has been duly elected for the unexpired two-year term and has qualified, or until the next regular City election and a councilmen has been duly elected for a full term and has qualified.

SECTION 2. Section 4 of Charter Ordinance No. One is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect sixty-one (61) final publication unless a sufficient petition for a referendum is filed and a referendum held on the Ordinance as provided in Article 12, Section 5, Subsection c (3) of the Constitution of Kansas, in which case the Ordinance shall become effective as approved by a majority of the electors voting hereupon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS VOTING IN FAVOR THEREOF THE 5th DAY OF FEBRUARY, 1968.

Duard Enoch, Jr.

Mayor

ATTEST:

Bernice Heck

City Clerk

APPROVED AS TO FORM AND LEGALITY:

Donald A. Culp

Assistant City Attorney

Passed: 2/5/68

Published: 2/14/68

2/21/68

Effective: 4/22/68

Entire ordinance repealed by Charter Ordinance No. Twelve

Effective on: 1/1/1901

Charter Ordinance No. One-C (Repealed by Ch. Ord. No. Twenty-Five)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING SECTION 2 OF CHARTER ORDINANCE NO. ONE AND AMENDMENTS THERETO OF THE CITY OF OVERLAND PARK, KANSAS, REPEALING SAID ORIGINAL SECTION AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT BEING THE ELECTION OF PRESIDENT OF COUNCIL, PASSAGE OF ORDINANCES, AND TIE VOTE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS: .

SECTION 1. Section 2 of Charter Ordinance No. One is hereby and hereinafter amended to read as follows:

The Governing Body shall consist of a mayor elected by the City as a whole and ten councilmen elected by districts as hereinafter provided. Qualifications, oaths and bonds of the mayor and councilmen shall be as provided in the general laws establishing and relating to the mayor-council form in cities of the first class. On the second Monday after the first Tuesday in the month of April of each year, the Council shall elect, by majority of the votes cast in secret ballot, one of its members as president of the Council who, in the absence or disability of the mayor shall become acting mayor; Provided, that such councilman shall retain all his voting rights and other prerogatives as councilman while acting as mayor. All powers now exercised by cities of the first class which are not inconsistent with this charter ordinance, or which shall hereafter be conferred upon them shall be exercised by the Governing Body herein provided for; Provided, that any ordinance shall be passed by a vote of six councilmen unless a greater number of votes are specifically required by another provision of law; Provided that where the number of favorable votes is one less than required the mayor shall have the power to cast the deciding vote in favor of the ordinance; Provided, that any resolution, motion or any other action of the Governing Body except charter ordinances, upon which the mayor's vote shall be counted on every occasion, shall be passed by a majority vote of the councilmen present, and where the number of favorable votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the resolution, motion or other action.

SECTION 2. Section 2 of Charter Ordinance No. One is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect sixty-one (61) days after its final publication unless within sixty (60) days of its final publication a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS-ELECT VOTING IN FAVOR THEREOF THE 6TH DAY OF APRIL, 1970.

Duard Enoch, Mayor

ATTEST:

Bernice Heck, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Donald A. Culp, Acting City Attorney

Passed: 4/6/70

Published: 4/14/70

4/23/70

Effective: 6/23/70

Entire ordinance repealed by Charter Ordinance No. Twenty-Five

Effective on: 1/1/1901

Charter Ordinance No. Two (Sections 2 and 3 repealed by Ch. Ord. No. Six.; Repealed by Ch. Ord. No,)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS

FROM SECTION 12-1036e OF THE 1961 SUPPLEMENT TO THE GENERAL STATUTES OF KANSAS, 1949, AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council city of the first class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it Section 12-1036e of the 1961 Supplement to the General Statutes of Kansas, 1949, said section being part of Chapter 101 of the Laws of Kansas, 1961, but applies only to Mayor-Council-City Manager cities of the first class, and to provide substitute provisions as herein provided.

*SECTION 2. The fee of the mayor shall be $1200 per year, payable monthly, and the fee of the city councilmen shall be $900 per year, payable monthly.

*SECTION 3. The fee payable to the mayor and city councilmen shall commence and be paid beginning with the governing body taking office in April of 1963, and shall continue for subsequent governing bodies thereafter.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the official newspaper.

SECTION 5. This is a charter ordinance and shall take effect sixty one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c) (3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF THE 29TH DAY OF DECEMBER, 1962.

Roy L. Owen

Mayor

(SEAL)

Bernice Heck

City Clerk

Passed: 12/29/62

Published: 1/4/63

1/12/63

Effective: 3/14/63

* Sections 2 and 3 repealed by Charter Ordinance No. Six

Entire ordinance repealed by Charter Ordinance No. Thirty-Two

Effective on: 1/1/1901

Charter Ordinance No. Three (Section 2 repealed by Ch. Ord. No. Forty-Three, Section 3 repealed by C)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS FROM SECTION 12-1036g OF THE 1961 SUPPLEMENT TO THE GENERAL STATUTES OF KANSAS, 1949, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

Be it Ordained by the Governing Body of the City of Overland Park, Kansas:

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council city of the first class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it Section 12-1036g of the 1961 Supplement to the General Statutes of Kansas, 1949, said section being part of Chapter 101 of the laws of Kansas, 1961, but applies only to Mayor-Council-City Manager cities of the first class, and to provide substitute and additional provisions as hereafter provided.

*SECTION 2. The Governing Body and the City Manager shall be goverened by the provisions of Section 12-1009 to 12-1014, both sections inclusive, of the General Statutes of 1949 and any amendments thereto, and Section 12-1015 of the General Statues Supplement of 1959 and any amendments thereto, in the organization and administration of the City, except as follows hereafter.

**SECTION 3. The Governing Body may, by ordinance, provide that the Governing Body shall appoint either or all of the following City officers: City Attorney, City Clerk and City Police Judge, to hold office at the pleasure of the Governing Body.

***SECTION 4. The Governing Body shall appoint by resolution auditors, accountants, engineers, attorneys, counselors and architects or any other person, firm or corporation who may be employed by the City for any special purpose.

SECTION 5. This Ordinance shall be published once each week for two consecutive weeks in the official newspaper.

SECTION 6. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the Ordinance as provided in Article 12, Section 5, subdivision (c)(3)of the Constitution of Kansas, in which case the Ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF THE 21ST DAY OF JANUARY, 1963.

Roy L. Owen

ATTEST: Mayor

Bernice Heck

City Clerk

Passed: 1/21/63

Published: 1/24/63

1/31/63

Effective: 4/1/63

* Section 2 repealed by Charter Ordinance No. Forty-Three

** Section 3 repealed by Charter Ordinance No. Three-A

*** Section 4 repealed by Charter Ordinance No. Eighteen

Entire ordinance repealed by Charter Ordinance No. Fifty-Two

Effective on: 1/1/1901

Charter Ordinance No. Three-A (Repealed by Ch. Ord. No. Fifty-Two)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING SECTION 3 OF CITY OF OVERLAND PARK CHARTER ORDINANCE NO. THREE.

Be it Ordained by the Governing Body of the City of Overland Park, Kansas:

SECTION 1. Section 3 of City of Overland Park Charter Ordinance No. Three is hereby and hereinafter amended to read as follows:

Section 3. The Governing Body may, by ordinance, provide that the Governing Body shall appoint the Municipal Court judges to hold office at the pleasure of the Governing Body.

SECTION 2. This ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

SECTION 3. This is a Charter Ordinance and shall take effect sixty (60) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF THIS 2ND DAY OF AUGUST, 1971. Those members voting in favor of this Charter Ordinance are as follows: Richard K. Landtiser, Milton E. Erickson, W. Jack Sanders, Stanley E. Fackrell, Janis L. Meyers, Ellis J. Garrison, Ben M. Sykes, and Tim M. Roudebush. Those members voting against this Charter Ordinance are as follows: None.

Jack Walker

ATTEST: Mayor

Bernice Heck

City Clerk

APPROVED AS TO FORM AND LEGALITY:

Donald A. Culp

Acting City Attorney

Passed: 8/2/71

Published: 8/5/71

8/12/71

Effective: 10/11/71

Entire ordinance repealed by Charter Ordinance No. Fifty-Two

Effective on: 1/1/1901

Charter Ordinance No. Four (Repealed by Ch. Ord. No. Thirty-Four)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING SECTION 5 OF CHARTER ORDINANCE NO. ONE OF THE CITY OF OVERLAND PARK, REPEALING SAID ORIGINAL SECTION AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, POWERS AND DUTIES OF MAYOR.

Be it Ordained by the Governing Body of the City of Overland Park:

SECTION 1. Section 5 of Charter Ordinance No. One is hereby amended to read as follows:

Section 5. The Mayor shall be the titular head of the City and shall preside at all meetings of the Council. He shall sign all ordinances and resolutions passed by the Council: Provided, That he shall have the power to veto any ordinance or resolution passed by the Council, except the Mayor shall have no power to veto a Charter Ordinance, or appointments by the Council for vacancies on the Council. Any ordinance or resolution vetoed by the Mayor may be passed over the veto by the vote of two-thirds of the whole number of the Councilmen-elect, notwithstanding the veto; and if the Mayor has failed to sign or veto such ordinance or resolution by the first regular meeting following the adoption of such ordinance or resolution, the same shall take effect without his signature. It shall be the duty of the mayor to sign all contracts authorized by the governing body before the city shall be liable thereon. He shall represent the city governing body at all official city functions and shall be the official representative of the governing body at all meetings, conferences and negotiations relating to policy matters involving other governmental units and shall recommend council action relating thereto. He shall be the official representative of the governing body at all conferences and meetings with citizen's groups and organizations interested in promoting the welfare and development of the city and shall recommend council action relative thereto. He may annually communicate to the council in writing such information as he may possess with reference to the condition of the city, and recommend such measures as he may deem necessary and expedient. He may inform the council concerning questions of policy and may make policy recommendations to the council.

SECTION 2. Section 5 of Charter Ordinance No. One is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF THE THIRTIETH DAY OF SEPTEMBER, 1963.

(SEAL) Marvin E. Rainey, Mayor

ATTEST:

Bernice Heck, City Clerk

Passed: 9/30/63

Published: 10/8/63

10/15/63

Effective: 12/15/63

Entire ordinance repealed by Charter Ordinance No. Thirty-Four

Effective on: 1/1/1901

Charter Ordinance No. Five (Repealed by Ch. Ord. Nos. Fourteen and Fifteen)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS,

FROM G.S. 1949, 13-1420, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; PROVIDING FOR DESIGNATION OF THE CFFICIAL CITY NEWSPAPER.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council-City of the first class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to, and exempts itself from, and makes inapplicable to it. G.S. 1949, 13-1420, said section applying only to cities of the first class, and providing substitute and additional provisions as hereinafter set forth.

SECTION 2. The governing body shall designate an official newspaper for the official advertising of the City of Overland Park, Kansas, from time to time, by ordinance duly passed.

SECTION 3. The paper selected for the official advertising of the City of Overland Park shall have been published for at least one year prior to the publication of any official advertisement.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the official newspaper.

SECTION 5.This is a charter ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c) (3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS VOTING IN FAVOR THEREOF THE 14th DAY OF SEPTEMBER, 1964.

/s/Marvin E. Rainey

ATTEST: Mayor

/s/Bernice Heck, City Clerk

APPROVED AS TO FORM AND LEGALITY:

/s/Donald C. Amrein

City Attorney

Passed: 9/14/64

Published: 9/16/64

9/23/64

Effective: 11/23/64

Entire ordinance repealed by Charter Ordinance Nos. Fourteen and Fifteen

Effective on: 1/1/1901

Charter Ordinance No. Six (Repealed by Ch. Ord. No. Nine)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING SECTION 2 AND SECTION 3 of CHARTER ORDINANCE TWO OF THE CITY OF OVERLAND PARK, KANSAS, REPEALING SAID ORIGINAL SECTIONS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, THE SALARIES OF THE MAYOR AND CITY COUNCILMEN.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

*SECTION 1. Section 2 of Charter Ordinance No. Two is hereby amended to read as follows:

Section 2. The fee of the Mayor shall be $2,100.00 per year, payable monthly, and the fee of each City Councilman shall be $1,200.00 per year, payable monthly.

*SECTION 2. Section 3 of Charter Ordinance No. Two is hereby amended to read as follows:

Section 3. The fees payable to the Mayor and City Councilmen shall commence on July 1, 1966.

SECTION 3. Section 2 and Section 3 of Charter Ordinance No. Two are hereby repealed.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

SECTION 5. This is a Charter Ordinance and shall take effect sixtyone (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c) (3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWOTHIRDS OF THE MEMBERS-ELECT VOTING IN FAVOR THEREOF THE TWENTIETH MAY OF JUNE, 1966.

/s/Marvin E. Rainey

ATTEST: Mayor

/s/Bernice Heck

City Clerk

/s/Donald A. Culp

Assistant City Attorney

Passed: 6/20/66

First Published: 6/27/66 & 6/30/66

Published: 8/8/66 & 8/15/66

Effective: 10/15/66

* Sections 1 and 2 repealed by Charter Ordinance No. Nine

Entire ordinance repealed by Charter Ordinance No. Thirty-Two

Effective on: 1/1/1901

Charter Ordinance No. Seven (Section 2 repealed by Ch. Ord. No. Twenty-One)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM K.S.A. 79-1950, AND PROVIDING SUBSTITUTES AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AUTHORIZING A LEVY FOR A CONSOLIDATED TAX FOR THE PURPOSE OF GENERAL REVENUE FOR THE SUPPORT OF ALL FUNCTIONS OF GENERAL GOVERNMENT OF THE CITY, AUTHORIZING A LEVY FOR FIRE PROTECTION IN AREAS NOT SERVICED BY FIRE DISTRICTS AND AUTHORIZING A LEVY FOR BAND PURPOSES.

Be it Ordained by the Governing Body of the City of Overland Park, Kansas:.

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council-Manager city of the first class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to, and exempts itself from, and makes inapplicable to it, K.S.A. 79-1950, said statute applying to cities of the first class having a population of more than 60,000 and less than 130,000, and hereby provides substitute and additional provisions as hereinafter set forth.

SECTION 2. A levy for a consolidated tax is hereby authorized to be made each year for the purpose of general revenue for support of all functions of general government of the City.

SECTION 3. The amount raised by such consolidated levy shall be placed in a consolidated fund to be known as the General Operating Fund. Such fund shall be included in the budget as a single fund for the support of the several functions of City government.

SECTION 4. There is also hereby authorized a levy not to exceed three (3) mills for fire protection in those areas in the City not served by Fire Districts.

SECTION 5. There is also hereby authorized a levy not to exceed one-tenth of a mill for band purposes.

SECTION 6. Such levy for a consolidated tax is hereby limited to eighteen (18) mills on each dollar of assessed tangible valuation of the City. Provided, that levies for the payment of bonds and interest thereon, levies for fire protection, levies for fire and police department pension funds, levies for band purposes, and levies for the control and eradication of noxious weeds may be made outside the aggregate limit of eighteen (18) mills and in addition thereto. Provided further, such other city-wide tax levies authorized by law and specifically exempted by such law from aggregate levy limits, may be made outside said aggregate levy limit.

SECTION 7. Ordinance No. TL-266 is hereby repealed.

SECTION 8. This Ordinance shall be published once each week for two consecutive weeks in the official newspaper.

SECTION 9. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS-ELECT VOTING IN FAVOR THEREOF THE TWENTY-SECOND DAY OF MAY, 1967.

ATTEST:

Bernice Heck, City Clerk Duard Enoch, Jr., Mayor

APPROVED AS TO FORM AND LEGALITY:

Donald C. Amrein, City Attorney

Passed: 5/22/67

Published: 6/12/67

6/19/67

Effective: 8/19/67

Entire ordinance repealed by Charter Ordinance No. Twenty-One

Effective on: 1/1/1901

Charter Ordinance No. Eight (Repealed by Ch. Ord. No. 27)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTIONS 13-14a01 TO 13-14a14 INCLUSIVE OF THE KANSAS STATUTES ANNOTATED, RELATING TO EMPLOYEES RETIREMENT SYSTEMS.

Be it Ordained by the City of Overland Park, Kansas:

SECTION 1. The City of Overland Park, Kansas, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to make inapplicable to it and exempts itself from Sections 13-14a0l to 13-14a14 inclusive, Kansas Statutes Annotated, which apply to said city but not uniformly to all cities.

SECTION 2. This ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

SECTION 3. This is a charter ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance is provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED by the Governing Body, not less than two-thirds (2/3's) of the members-elect voting in favor thereof, this 26th day of February, 1968.

Duard Enoch, Jr.

Mayor

ATTEST:

Bernice Heck

City Clerk

APPROVED AS TO FORM AND LEGALITY:

Donald A. Culp

Assistant City Attorney

Passed: 2/26/68

Published: 3/6/68

3/13/68

Effective: 5/13/68

Entire ordinance repealed by Charter Ordinance No. Twenty-Seven

Effective on: 1/1/1901

Charter Ordinance No. Nine (Repealed by Ch. Ord. No. Twenty)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING SECTION 1 AND SECTION 2 OF CHARTER ORDINANCE NO. SIX OF THE CITY OF OVERLAND PARK, KANSAS, REPEALING SAID ORIGINAL SECTIONS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, THE SALARIES OF THE MAYOR AND CITY COUNCILMEN.

Be it Ordained by the Governing Body of the City of Overland Park, Kansas:

*SECTION 1. Section 1 of Charter Ordinance No. Six is hereby amended to read as follows:

Section 1. The fee of the Mayor shall be $6,000.00 per year payable monthly, and the fee of each City Councilman shall be $3,000.00 per year, payable monthly.

*SECTION 2. Section 2 of Charter Ordinance No. Six is hereby amended to read as follows:

Section 2. The fees payable to the Mayor and City Councilmen shall commence on October 15, 1969.

SECTION 3. Section 1 and Section 2 of Charter Ordinance No. Six are repealed.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

SECTION 5. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS-ELECT VOTING IN FAVOR THEREOF THE TWENTY-SECOND DAY OF JULY 1969.

Duard Enoch. Jr.

Mayor

ATTEST:

Bernice Heck

City Clerk

APPROVED AS TO FORM AND LEGALITY:

Donald A. Culp

Assistant City Attorney

Passed: 7/22/69

Published: 7/25/69

8/1/69

Effective: 10/1/69

* Sections 1 and 2 repealed by Charter Ordinance No. Twenty

Entire ordinance repealed by Charter Ordinance No. Thirty-Two

Effective on: 1/1/1901

Charter Ordinance No. Ten

(Retired)

Effective on: 1/1/1901

Charter Ordinance No. Eleven (Repealed by Ch. Ord. No. One Hundred)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM 13-526 KANSAS STATUTES ANNOTATED AND 13-2107 KANSAS STATUTES ANNOTATED, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, DEPOSIT OF FUNDS.

Be it Ordained by the Governing Body of the City of Overland Park, Kansas:

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council-City Manager city of the first class, by the power invested in it by Article XII, Section 5 of the Constitution of the State of Kansas hereby elects to and exempts itself from and makes inapplicable to it 13-526 and 13-2107 K.S.A., said section applying only to cities of the first class, and providing substitute and additional provisions as hereinafter set forth in this ordinance.

SECTION 2. The City Treasurer shall give bond to the City as may be required by and which shall be approved by the Governing Body and filed with the City Clerk. He shall deposit at reasonable times all money in some responsible bank or banks to be designated by the Governing Body, in the name of such treasurer as such officer. Before making such deposits the Council shall take from such bank or banks a good and sufficient bond or bonds, in a sum to be designated by the Council, conditioned and that such deposit shall be promptly paid on the check or draft of said treasurer; and in the monthly report of said treasurer he shall state the amount deposited in and drawn out of such bank or banks during the previous month; and no funds shall be paid by said treasurer except by check or draft on such bank or banks, and all checks and drafts drawn by said treasurer on such bank or banks shall be countersigned by the City Clerk, who shall keep an accurate record of each check or draft so countersigned by him; and it shall further be the duty of the City Treasurer, in his monthly report to the Council to make an itemized statement of the various sums received and paid out by him during the preceding month, from whom received, and on what account; and said treasurer shall keep a separate account of each fund received by him, and shall credit each account with the funds received therefor, and charge each account with the amount legally drawn thereon or paid out therefrom; and no money shall be paid out of one fund which belongs to another. All money paid to the City for licenses, taxes, or for any other purpose whatever, shall be paid to the City Treasurer, who shall issue duplicate receipts therefor, one of which shall be filed with the City Clerk, who shall enter and charge to the treasurer the same in a book kept for this purpose, and the City Clerk shall not issue any license until there is first filed with him a receipt from the City Treasurer showing that the full amount of said license has been paid.

SECTION 3. The City Treasurer shall give a good and sufficient surety company bond to the City in such amount and in such form as may be required by the Governing Body, and the cost of such bond, if any, shall be borne by such City; and said bond, before its acceptance, shall be approved by the Mayor and Governing Body, and shall be conditioned for the faithful discharge of his duties, and that such treasurer shall safely keep all public moneys entrusted to his care, and save such city free and harmless from all loss caused by neglect of duty or malfeasance in office. Said board shall require the treasurer to give a new bond whenever, in theft opinion, the existing bond is insufficient; and whenever such new bond is required, he shall perform no official act until such bond shall be given and approved in the manner aforesaid. It shall be his duty to receive and keep all money belonging to said city, and to pay out the same on warrants drawn by the City Clerk under the Seal of such city, and signed by the Mayor and countersigned by the Auditor or City Clerk, and not otherwise.

All moneys belonging to such city and received by any officer or agent thereof, from collection, fines, or any other source whatsoever, shall be by him deposited with the City Treasurer daily. For all moneys received the City Treasurer shall give duplicate receipts in all cases, one to the party paying the said money into the treasury and one to the Auditor or City Clerk. All persons charged with the collection of any money under this act, or ordinance passed in pursuance thereof, shall promptly pay the same over to the Treasurer, under such penalty as may be prescribed by ordinance, and shall forthwith hand the Treasurer's receipt to the Auditor or City Clerk, who shall countersign the original receipt and retain the duplicate. The party paying shall then hold said original receipt. Said Treasurer shall render a full and correct itemized statement of all receipts and payments to the Governing Body at their first regular meeting in each month, and at such other times as may be required by said Governing Body or the Mayor.

The City Treasurer shall make deposits in some responsible bank or banks as shall be received by him from all sources of revenue whatsoever, to his credit as Treasurer of such city, and said banks to be selected by said Governing Body. The said bank shall also execute and deliver to such city a good and sufficient surety company bond, to be approved by said Governing Body, conditioned that such bank will safely keep and account for and pay over said money promptly on the check or draft of said Treasurer; or in lieu thereof the said bank may deposit with the City Treasurer and said City Treasurer is authorized to accept as security for the deposit of said money, such bonds of the United States, of the State of Kansas, or of some city, school district, or municipality of the State of Kansas, to be approved by said Governing Body, to be kept by said City Treasurer in accordance with the requirements of Section 9-142 of the General Statutes of 1935, and amendments thereto, or such other securities as are by law provided, as a pledge that such bank will safely keep and account for and pay over said money promptly on the check or draft of said Treasurer; and, in the event that such bank does not safely keep and account for and pay over said money promptly on the check or draft of said Treasurer, the joint control of said custody of such bonds deposited as security for the City's deposit, shall cease when the city shall have given three days' notice of such default to the depositing bank and to the company having control of the safety-deposit vault in which the same are deposited, after which date the Governing Body of said city is empowered to immediately take possession of said securities given as such pledge and advertise the same for sale by three days' publication in a designated newspaper of general circulation, published in said city, and sell the same not less than ten days from and after the date of the last publication of said advertisement to the highest bidder for cash, and shall apply the funds so received, first, to the payment of said city of the funds on deposit in said bank at the time of said default; and, second, if the proceeds of said bonds when sold, exceed the amount of such deposit, the remainder of such proceeds, less the costs of said sale, shall be paid by said city to said bank and/or its legal representative; and no funds shall be paid out by said Treasurer except by check or draft upon such bank or banks, and all cheeks or drafts drawn by said Treasurer on such bank or banks shall be countersigned by the Auditor or City Clerk, who shall keep an accurate record of each check or draft so countersigned by him.

Said Treasurer shall also keep a separate account of each fund, and shall credit each account with the funds received therefor, and charge each account with the amount legally paid out therefrom; and no money shall be paid out of any one fund for any object or purpose other than that for which the fund was created. The City Clerk shall issue no license until there is filed with him a receipt from the City Treasurer, showing that the full amount of said license fee has been paid. The City Treasurer shall perform such other duties as may be required of him by the Governing Body. He shall receive such salary as agreed upon by the Governing Body, which shall be fixed by ordinance.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

SECTION 5. TAKE EFFECT.

This is a Charter Ordinance and shall take effect sixty-one (61 ) days after its publication unless within sixty (60) days of its final publication a sufficient petition for a referendum is filed and a referdum held on the ordinance as provided in Article XII, Section 5, subdivision (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS-ELECT VOTING IN FAVOR THEREOF THIS SEVENTEENTH DAY OF AUGUST, 1970.

ATTEST:

Bernice Heck, City Clerk Duard Enoch, Jr., Mayor

APPROVED AS TO FORM AND LEGALITY:

Donald A. Culp, City Attorney

Passed: 8/17/70

Published: 8/29/70

9/5/70

Effective: 11/5/70

(History:  Charter Ord. No. 100 §5, 2020) 

Effective on: 1/1/1901

Charter Ordinance No. Twelve (Section 5 repealed by Ch. Ord. No. Twelve-A; Repealed by Ch. Ord. No.)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

AN ORDINANCE AUTHORIZED BY Article XII, SECTION 5, SUBPARAGRAPH (c) OF THE KANSAS CONSTITUTION, EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTIONS 25-2107, 25-2108, 25-2109 OF THE 1969 SUPPLEMENT TO THE KANSAS STATUTES ANNOTATED (1964), SAID SECTIONS BEING PART OF CHAPTER 274 OF THE 1968 KANSAS SESSION LAW; FURTHER EXEMPTING SAID CITY FROM THE PROVISIONS OF SECTION 13-304 OF THE 1969 SUPPLEMENT TO THE KANSAS STATUTES ANNOTATED (1964), SAID SECTION BEING PART OF CHAPTER 90 OF THE 1969 KANSAS SESSION LAWS; REPEALING CITY OF OVERLAND PARK CHARTER ORDINANCE ONE-B; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS FOR THE ELECTION OF A MAYOR AND COUNCIMEN AND THE TERMS OF OFFICE FOR SUCH OFFICERS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS.

SECTION 1. PREAMBLE

The City of Overland Park, Kansas, a Municipal Corporation and city of the first class, organized and existing under the laws of the State of Kansas, by the power invested in it by Article XII, Section 5, Sub-paragraph (c) of the Constitution of the State of Kansas, hereby makes inapplicable to the said City by adoption of this Charter Ordinance the provisions of Section 25-2107, 25-2108, 25-2109 of the 1969 Supplement to the Kansas Statutes Annotated (1964), said sections being part of Chapter 274 of the 1968 Kansas Session Laws; further exempting said City from the provisions of Section 13-304 of the 1969 Supplement to the Kansas Statutes Annotated (1964), said section being part of Chapter 90 of the 1969 Kansas Session Laws, and repealing City of Overland Park Charter Ordinance One-B, and that said City shall hereafter be exempted therefrom by the substitute and additional provisions hereinafter provided.

SECTION 2. ELECTION OF OFFICERS

In the year 1971 there shall be elected a Mayor from the City at Large. Councilmen elected in April, 1968, shall have terms expiring in 1971. Councilmen elected in April, 1969, shall have terms expiring in 1972.

SECTION 3. TERMS OF OFFICE

In each odd-numbered year succeeding 1971, there shall be an election for such offices, the terms of which expire in that year. All such officers, including the Mayor, shall hold their offices for two (2) years and until their successors are elected and qualified. In each even-numbered year succeeding 1972, there shall be an election for such offices, the terms of which expire in that year. Thereafter, all such officers so elected shall hold their offices for two (2) years and until their successors are elected and qualified.

SECTION 4. DATE OF GENERAL ELECTION

The general election of the City officers provided for hereinabove shall be held on the first Tuesday in April of each year.

*SECTION 5. DATE OF PRIMARY ELECTION

The primary election of the City officers provided for hereinabove shall be on the Tuesday preceding by four (4) weeks the first Tuesday in April of every year. No primary election of City officers shall be held on any other date.

No primary election of City officers shall be held unless by holding such primary one or more persons will be eliminated as candidates for office. In the event there are not more than two candidates for any one office, the names of the candidates for such office shall not appear on the primary election ballots, and there shall be no primary election for such office, but the names of such candidates shall be placed on the general City election ballot. [Section 5 is repealed by Charter Ordinance No. Twelve-A]

SECTION 6. FILING DEADLINE FOR CITY ELECTION

The filing deadline for all City elections shall be 12:00 noon of the Tuesday preceding by seven (7) weeks the first Tuesday in April of each year.

SECTION 7. FILLING VACANCY IN OFFICE OF MAYOR

The Mayor and Councilmen shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the office of Mayor, the president of the council, upon being qualified, shall become Mayor until the next City election and, as the case may be, until a Mayor has been duly elected for a full term and has qualified; Provided, that when the president of the council becomes Mayor, there shall be a vacancy in the City council. A vacancy in the office of the councilman shall be filled by the council, from a recommendation submitted to the council by the precinct committee people from the political party represented by the councilman being replaced, and shall be communicated to the council by the party City chairman, as the case may be, until the next regular City election and a councilman has been duly elected for the unexpired two-year term and has qualified, or until the next regular City election and a councilman has been duly elected for a full term and has qualified.

SECTION 8. REPEAL

Charter Ordinance One-B is hereby repealed.

SECTION 9. PUBLICATION

This ordinance shall be published once each week for two (2) consecutive weeks in the official City newspaper.

SECTION 10. TAKE EFFECT

This is a Charter Ordinance and shall take effect sixty (60) days after its final publication unless a legally sufficient petition for a referendum is filed and a referendum election is held thereon as provided in Article XII, Section 5, Sub-paragraph (c)(3) of the Kansas Constitution, in which event the ordinance shall become effective upon approval by a majority of the electors voting thereon.

Passed by the Governing Body this 9th day of November, 1970, upon the affirmative vote of not less than two-thirds of the members elect. Those members voting in favor of this Charter Ordinance were as follows: Robert Knight, Jack VanHercke, Ben M. Sykes, Richard K. Landtiser, Stanley E. Fackrell, Milton E. Erickson, Sid R. Messer, and W. Jack Sanders. Those voting against enactmant of the Charter Ordinance were as follows: Janis L. Meyers, and Ellis J. Garrison.

ATTEST: Duard Enoch, Jr., Mayor

Bernice Heck, City Clerk

APPROVED AS TO FORM:

Lawrence E. Sheppard, Assistant City Attorney

Passed: 11/9/70

Published: 11/14/70

11/21/70

Effective: 1/20/71

* Section 5 repealed by Charter Ordinance No. Twelve-A

Entire ordinance repealed by Charter Ordinance No. Thirteen

Effective on: 1/1/1901

Charter Ordinance No. Twelve- A (Repealed by Ch. Ord. No. Thirteen)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING SECTION 5 OF CITY OF OVERLAND PARK, KANSAS, CHARTER ORDINANCE NO. TWELVE, REPEALING SAID SECTION 5 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, DATE OF PRIMARY ELECTION.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 5 of City of Overland Park, Kansas, Charter Ordinance Twelve is hereby and hereinafter amended to read as follows:

SECTION 5. DATE OF PRIMARY ELECTION

The primary election of the City officers provided for hereinabove shall be on the Tuesday preceding by four (4) weeks the first Tuesday in April of every year. No primary election of City officers shall be held on any other date.

No primary election of City officers shall be held unless, by holding such primary, one or more persons will be eliminated as candidates for office. In the event there is not more than one (1) candidate for each party nomination for any one office, the name of the candidate for such office shall not appear on the primary election ballots, and there shall be no primary election for such party nomination for such office, but the name of such candidate shall be placed on the general City election ballot.

SECTION 2. REPEAL

Section 5 of City of Overland Park Charter Ordinance Twelve is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two (2) consecutive weeks in the official City newspaper.

SECTION 4. TAKE EFFECT

This is a Charter Ordinance and shall take effect sixty (60) days after its final publication unless a legally sufficient petition for a referendum is filed and a referendum election is held thereon as provided in Article XII, Section 5, Sub-paragraph (c) (3) of the Kansas Constitution, in which event the ordinance shall become effective upon approval by a majority of the electors voting thereon.

Passed by the Governing Body this 2nd day of December, 1970, upon the affirmative vote of not less than two-thirds of the members elect.

Those members voting in favor of this Charter Ordinance were as follows: W. Jack Sanders, Ben M. Sykes, Jack Van Hercke, Richard K. Landtiser, Stanley E. Fackrell, Milton E. Erickson, Sid R. Messer, Janis L. Meyers, and Ellis J. Garrison. Those voting against enactment of the Charter Ordinance were as follows: None.

ATTEST: Duard Enoch, Jr., Mayor

Bernice Heck, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Donald A. Culp, City Attorney

Passed: 12/2/70

Publication: 12/4/70

12/11/70

Effective: 2/9/71

Entire ordinance repealed by Charter Ordinance No. Thirteen

Effective on: 1/1/1901

Charter Ordinance No. Thirteen (Section 4 and 5 repealed by Ch. Ord. No. Twenty-Eight, Section 6 re)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. TWELVE AND TWELVE, A, OF THE CITY OF OVERLAND PARK, KANSAS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS FOR THE ELECTION OF A MAYOR AND COUNCILMEN AND THE TERMS OF OFFICE FOR SUCH OFFICERS.

Be it Ordained by the Governing Body of the City of Overland Park, Kansas:

SECTION 1. PREAMBLE

The City of Overland Park, Kansas, a municipal corporation and a city of the first class, organized and existing under the laws of the State of Kansas, by the power invested in it by Article XII, Section 5, Sub-paragraph (c) of the Constitution of the State of Kansas, hereby repeals Charter Ordinance No. Twelve and Charter Ordinance No. Twelve-A of the City of Overland Park, Kansas, and hereinafter provides substitute and additional provisions for the elction of a mayor and councilmen and the terms of office for such officers.

SECTION 2. ELECTION OF OFFICERS AND TERMS OF OFFICE

In the year 1971 there shall be elected a mayor from the City at Large and five (5) councilmen to succeed to the offices held by those members elected in April, 1968, and such officers, including the mayor, shall hold office for a two-year term expiring in 1973. Thereafter, all such officers so elected shall hold their office for four (4) years and until their successors are elected and qualified.

Those councilmen elected in 1969 shall have terms expiring in 1972 and shall in 1972 stand for election to a three-year term expiring in 1975. Thereafter, all such officers elected in 1975 shall hold their office for a term of four (4) years and until their successors are elected and qualified.

SECTION 3. DATE OF GENERAL ELECTION

The general election of the City officers provided for hereinabove shall be held on the first Tuesday in April of the year 1971 and each succeeding odd-numbered year thereafter; Provided that, in the year 1972 there shall be a general election of those City officers described in Section 2 hereinabove whose terms expire in 1972.

*SECTION 4. DATE OF PRIMARY ELECTION

The primary election of the City officers provided for in Section 2 hereinabove shall be on the Tuesday preceding by four (4) weeks the first Tuesday in April of every odd-numbered year, except in 1972 when such primary election shall be held o n the Tuesday preceding by four (4) weeks the first Tuesday in April of 1972, and no primary election of City officers shall be held on any other date.

No primary election of City officers shall be held unless by holding such primary one or more persons will be eliminated as candidates for an office. In the event that there is not more than one candidate for each party nomination for any one office, the name of the candidate for such office shall not appear on the primary election ballot and there shall be no primary election for such party nomination for such office, but the name of such candidate shill be placed on the general City election ballot.

**SECTION 5. FILING DEADLINE FOR CITY ELECTION

The filing deadline for all City elections shall be 12:00 noon. of the Tuesday preceding by seven (7) weeks the first Tuesday in April of each election year.

***SECTION 6. FILLING VACANCY IN OFFICE OF MAYOR

The mayor and councilmen shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the office of mayor, the president of the council, upon being qualified, shall become mayor and shall serve in such office until the next City election and until a mayor has been duly elected and qualified for a full term in such office; Provided that, when the president of the council becomes Mayor, there shall be a vacancy of such councilman's office on the City Council. A vacancy in the office of the councilman shall be filled by the council from a .recommendation submitted to the council by the precinct committee people from the political party represented by the councilman whose office is vacated and such recommendation shall be communicated to the council by the party's City chairman and thereafter such person shall serve in such office until the next regular City election and until a councilman has been duly elected and qualified for the unexpired term, or until the next regular City election and a councilman has been duly elected for a full term and has qualified.

SECTION 7. PUBLICATION

This ordinance shall be published once each week for two (2) consecutive weeks in the official City newspaper.

SECTION 8. TAKE EFFECT

This is a Charter Ordinance and shall take effect sixty (60) days after its final publication unless a legally sufficient petition for a referendum is filed and a referendum election is held thereon as provided in Article XII, Section 5, sub-paragraph (c)(3) of the Kansas Constitution, in which event the ordinance shall become effective upon approval by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY THIS FOURTH DAY OF JANUARY, 1971, UPON THE AFFIRMATIVE VOTE OF NOT LESS THAN TWO-THIRDS OF THE MEMBERS-ELECT. Those members voting in favor of this Charter Ordinance were as follows: Milton E. Erickson; Stanley E. Fackrell; Ellis J. Garrison; Robert Knight; Richard Landtiser; Sid Messer; Jack Sanders; and Ben Sykes. Those members voting against this Charter Ordinance were as follows: Janis L. Meyers; Jack Van Hercke.

ATTEST:

Bernice Heck, City Clerk Duard Enoch, Jr., Mayor

APPROVED AS TO FORM:

Lawrence E. Sheppard, Assistant City Attorney

Passed: 1/4/71

Published: 1/7/71

1/14/71

Effective: 3/15/71

*Section 4 repealed by Charter Ordinance No. Twenty-Eight

**Section 5 repealed by Charter Ordinance. Nos. Nineteen and Twenty-Eight

***Section 6 repealed by Charter Ordinance No. Sixteen

Entire ordinance repealed by Charter Ordinance No. Thirty-Four

Effective on: 1/1/1901

Charter Ordinance No. Fourteen (Repealed by Ch. Ord. No. Fifteen)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM 13-1420 KANSAS STATUTES ANNOTATED, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; PROVIDING FOR THE DESIGNATION OF THE OFFICIAL CITY NEWSPAPER.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. PREAMBLE

The City of Overland Park, Kansas, a Mayor-Council-City Manager city of the first class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to, and exists itself from, and makes inapplicable to it, 13-1420 K.S.A., said section applying only to cities of the first class, and providing substitute and additional provisions as hereinafter set forth.

SECTION 2.

The Governing Body shall designate a newspaper or newspapers as the official City newspaper or newspapers for the official advertising of the City of Overland Park, Kansas, from time to time, by ordinance duly passed.

SECTION 3.

The newspaper or newspapers selected for the official advertising of the City of Overland Park, Kansas, shall have been published for at least one year prior to the publication of any official advertisement.

SECTION 4. REPEAL

Charter Ordinance No. Five is hereby repealed.

SECTION 5.

This ordinance shall be published once each week for two consecutive weeks in the official newspaper.

SECTION 6.

This is a Charter Ordinance and shall take effect sixty (60) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c) (3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof this l0th day of January, 1972.

ATTEST: Jack D. Walker, Mayor

Bernice Heck, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Wright W. Crummett, City Attorney

Passed: 1/10/72

Published: 1/13/72

1/20/72

Effective: 3/21/72

Entire ordinance repealed by Charter Ordinance No. Fifteen

Effective on: 1/1/1901

Charter Ordinance No. Fifteen (Repealed by Ch. Ord. No. Forty-Five)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCES NO. FIVE AND FOURTEEN; EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THAT PART OF A CERTAIN LEGISLATIVE ENACTMENT DESIGNATED K.S.A. 13-1420, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND PRESCRIBING THE QUALIFICATIONS AND METHOD OF DESIGNATING OFFICIAL CITY NEWSPAPERS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Charter Ordinances No. Five and Fourteen of the City of Overland Park, Kansas, are hereby repealed.

SECTION 2. Whereas K.S.A. 13-1420 is a part of a legislative enactment which applies to the City of Overland Park, Kansas, but said enactment is not applicable uniformly to all cities, the City of Overland Park, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby exempts itself from and make inapplicable to it K.S.A. 13-1420 and provides substitute and additional provisions on the same subject as hereinafter set forth.

SECTION 3. The Governing Body shall designate by ordinance a newspaper or newspapers as the official City newspaper or newspapers for the official advertising of the City of Overland Park, Kansas, from time to time.

SECTION 4. The newspaper or newspapers designated for the official advertising of the City shall have been published for at least one year prior to the publication of any official advertisement.

SECTION 5. In the event more than one newspaper at any given time is designated as an official City newspaper, each ordinance passed shall designate by name the official City newspaper which is to publish the said ordinance. Publication in such newspaper shall constitute the official publication of the ordinance.

SECTION 6. This ordinance shall be published once each week for two consecutive weeks in The Daily News.

SECTION 7. This is a Charter Ordinance and shall take effect sixty (60) days after its final publication unless a sufficient petition for a referendum is filed within such sixty days and a referendum is held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall not take effect until approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY, NOT LESS THAN TWO-THIRDS OF THE MEMBERS-ELECT VOTING IN FAVOR THEREOF, THE THIRD DAY OF APRIL, 1972.

ATTEST:

Bernice Heck, City Clerk Jack Walker, Mayor

APPROVED AS TO FORM:

Wright W. Crummett, City Attorney

Passed: 4/3/72

Published: 4/5/72

4/12/72

Effective: 6/12/72

Entire ordinance repealed by Charter Ordinance No. Forty-Five

Effective on: 1/1/1901

Charter Ordinance Sixteen (Repealed by Ch. Ord. No. Thirty-Four)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING SECTION 6 OF CHARTER ORDINANCE THIRTEEN: REPEALING SAID EXISTING SECTION AND PRESCRIBING A PROCEDURE FOR THE FILLING OF VACANCY IN THE OFFICE OF MAYOR OR COUNCILMAN.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 6 of City of Overland Park, Kansas, Charter Ordinance Thirteen is hereby amended to read as follows:

SECTION 6. FILLING VACANCY IN OFFICE OF MAYOR OR COUNCILMAN.

(a) The mayor and councilmen shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the office of mayor, the president of the council, upon being qualified, shall become mayor and shall serve in such office until the next regular City election and a successor has been duly elected and qualified. If the mayor who vacated the office had a term which would not expire at such regular City election, then the successor elected at such regular City election is elected to serve such unexpired term.

(b) When the president of the council becomes mayor, there shall be a vacancy of such councilman's office on the City council. A vacancy for any reason in the office of councilman shall be filled by the council from a recommendation submitted to the council by the precinct committee people from the political party represented by the councilman whose office is vacated and such recommendation shall be communicated to the council by the party's City chairman and thereafter such person shall serve in such office until the next regular City election and a successor has been duly elected and qualified. If the councilman who vacated the office had a term which would not expire at such regular City election, then the successor elected at such regular City election is elected to serve such unexpired term.

(c) In the event the councilman who vacates his office is an independent who belongs to no organized political party, the vacancy shall be filled by a majority vote ol remaining councilmen and thereafter such person shall serve in such office until the next regular City election and a successor has been duly elected and qualified. If councilman who vacated the office had a term which would not expire at such regular City election, then the successor elected at such regular City election is elected to serve such unexpired term.

SECTION 2. Section 6 of Charter Ordinance Thirteen is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Johnson County Scout.

SECTION 4. This is a Charter Ordinance and shall take effect sixty (60)days after its final publication unless a sufficient petition for a referendum is filed within such sixty days and a referendum is held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall not take effect until approved by a majority of the electors voting thereon.

PASSED by the Governing Body, not less than two-thirds of the members-elect voting in favor thereof, the 15th day of January, 1973.

ATTEST: Jack Walker, Mayor

Bernice Heck

APPROVED AS TO FORM:

Wright W. Crummett, City Attorney

Passed: 1/15/73

Published: 1/24/73

1/31/73

Effective: 4/2/73

Entire ordinance repealed by Charter Ordinance No. Thirty-Four

Effective on: 1/1/1901

Charter Ordinance No. Seventeen

(Proposed  Withdrawn)

Effective on: 1/1/1901

Charter Ordinance No. Eighteen

A CHARTER ORDINANCE AMENDING SECTION 4 OF CHARTER ORDINANCE NO. THREE; REPEALING SAID EXISTING SECTION AND PRESCRIBING A PROCEDURE FOR THE APPOINTMENT OF CERTAIN PERSONS, FIRMS OR CORPORATIONS WHO MAY BE EMPLOYED BY THE CITY FOR ANY SPECIAL PURPOSE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK. KANSAS:

SECTION 1. Section 4 of City of Overland Park, Kansas, Charter Ordinance Three is hereby amended to read as follows:

SECTION 4. The governing body shall appoint, by motion, auditors, accountants, engineers, attorneys, counselors, and architects or any other person, firm or corporation who may be employed by the City for any special purpose; or the governing body may direct the City Manager, by motion, to employ such person, firm or corporation as in his judgment is qualified to perform special services on behalf of the City.

SECTION 2. Section 4 of Charter Ordinance Three is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Johnson County Scout.

SECTION 4. This is a Charter Ordinance and shall take effect sixty (60) days after its final publication unless a sufficient petition for a referendum is filed within such sixty days and a referendum is held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall not take effect until approved by a majority of the electors voting thereon.

PASSED by the Governing Body, not less than two-thirds of the members-elect thereof, the 2nd day of April, 1973.

Jack Walker, Mayor

ATTEST:

Bernice Heck

APPROVED AS TO FORM

Wright W. Crummett, City Attorney

Passed: 4/2/73

Published: 4/6/73

4/13/73

Effective: 6/12/73

Effective on: 1/1/1901

Charter Ordinance No. Nineteen (Repealed by Ch. Ord. No. Twenty-Eight)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING SECTION 5 OF CHARTER ORDINANCE NO. THIRTEEN; REPEALING SAID EXISTING SECTION AND PROVIDING SUBSTITUTE PROVISIONS. REPEALING OVERLAND PARK MUNICIPAL CODE SECTION 2.03.050 AND PROVIDING SUBSTITUTE PROVISIONS THERETO.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 5 of Charter Ordinance No. Thirteen and Section 2.03.050 of the Overland Park Municipal Code are hereby amended to read as follows:

SECTION 5. The filing deadline for all city elections shall be twelve noon of the Tuesday preceding by nine weeks the first Tuesday in April of each election year.

SECTION 2. Section 5 of Charter Ordinance No. Thirteen and Section 2.03.050 of the Overland Park Municipal Code are hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Daily News.

SECTION 4. This is a Charter Ordinance and shall take effect sixty (60) days after its final publication unless a sufficient petition for a referendum is filed within such sixty days and a referendum is held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall not take effect until approved by a majority of the electors voting thereon.

PASSED by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, the 14th day of January, 1974.

ATTEST: Jack Walker, Mayor

Bernice Heck, City Clerk

APPROVED AS TO FORM:

Phillip L. Harris, City Attorney Passed: 1/14/74

Published: 1/17/74

1/24/74

Effective: 3/25/74

Entire ordinance repealed by Charter Ordinance No. Twenty-Eight

Effective on: 1/1/1901

Charter Ordinance No. Twenty (Repealed by Ch. Ord. No. Thirty-Two)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING SECTION 1 AND SECTION 2 OF CHARTER ORDINANCE NO. NINE OF THE CITY OF OVERLAND PARK, KANSAS, REPEALING SAID ORIGINAL SECTIONS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBIECT, THE SALARIES OF THE MAYOR AND CITY COUNCILMEN.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 1 of Charter Ordinance No. Nine is hereby amended to read as follows:

Section 1. The fee of the Mayor shall be $7,800.00 per year, payable monthly, and the fee of each City Councilman shall be $4,800.00 per year, payable monthly.

SECTION 2. Section 2 of Charter Ordinance No. Nine is hereby amended to read as follows:

Section 2. The fees payable to the Mayor and City Councilmen shall commence on May 1, 1979.

SECTION 3. Section 1 and Section 2 of Charter Ordinance No. Nine are hereby repealed.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the official City newspaper, The Johnson County Herald.

SECTION 5. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section S, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members-elect voting in favor thereof the 1st day of November, 1976.

Jack Walker

Mayor

ATTEST:

Bernice Crummett

City Clerk/Finance Director

APPROVED AS TO FORM:

Phillip H. Schuley

Assistant City Attorney

Passed: 11/1/76

Published: 11/17/76

11/24/76

Effective: 5/1/79 (see Sec. 2)

Entire ordinance repealed by Charter Ordinance No. Thirty-Two

Effective on: 1/1/1901

Charter Ordinance No. Twenty-Two (Repealed by Ch. Ord. No. Thirty-Six)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM KANSAS STATUTES ANNOTATED 13-1234B and 13-1234D, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, PROVIDING FOR ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURCHASE OF EQUIPMENT AND MATERIAL FOR MODERN STREET LIGHTING FOR SUCH CITY AND THE LIMITATIONS THEREON.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

Section 1. The City of Overland Park, Kansas, a Mayor-Council city of the first class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to the K.S.A. 13-1234B and 13-1234D, and to provide substituted and additional provisions as hereinafter provided.

Section 2. The Governing Body of the City of Overland Park, Kansas, is hereby authorized to issue general obligation bonds of such city for the purpose of purchasing equipment and material for modern street lighting for such city.

Section 3. The Governing Body shall be authorized to issue general obligation bonds of the City of Overland Park, Kansas, in the amount of FIVE HUNDRED THOUSAND and 00/100 ($500,000.00) DOLLARS in any one year which bonds may be issued without a vote of the people and shall be issued as provided by law, provided, however, that the City of Overland Park, Kansas, may issue general obligation bonds in the amount of THREE MILLION and 00/100 ($3,000,000.00) DOLLARS in any one year for not to exceed three (3) years immediately following the effective date of this act; for the purpose of purchasing any existing street lighting equipment and material presently located within the corporate limits of said city.

Section 4. This ordinance shall be published once each week for two consecutive weeks in the official newspaper.

Section 5. This is a charter ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c) (3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF THE 21st DAY OF FEBRUARY, 1977.

Jack D. Walker

Mayor

ATTEST:

Bernice Crummett

Finance Director/City Clerk

APPROVED AS TO FORM:

Phillip L. Harris, City Attorney

Passed: 2/21/77

Published: 2/25/77

3/4/77

Effective: 5/4/77

Entire ordinance repealed by Charter Ordinance No. Thirty-Six

Effective on: 1/1/1901

Charter Ordinance No. Twenty-Three (Repealed by Ch. Ord. No. Twenty-Six)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTION l3-l0l7 OF THE KANSAS STATUTES ANNOTATED AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK,

KANSAS:

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council city of the first class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it Section 13-1017 of the Kansas Statutes Annotated, said section applying only to cities of the first class, and provides substitute and additional provisions as hereafter indicated.

SECTION 2. Estimate of cost of improvements; contracts; bids; bond issue, when.

Before undertaking the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer or any other public improvement in any street, highway or public grounds, or of any public building or facility, or any other kind of public improvement in the City of Overland Park shall be commenced or ordered by the governing body, or under its authority, a detailed estimate of the cost of such improvements shall be made under oath by the city engineer (or other competent person, appointed for such purposes by the governing body) and said estimate shall be submitted to the governing body for its action thereon; and in all cases where the estimated cost of the contemplated building, facility or public improvement amounts to more than five thousand dollars ($5,000), sealed proposals for the building or construction thereof shall be invited by advertisement, published by the city clerk in the official city paper for at least three (3) consecutive days, and the governing body shall let all such work by contract to the lowest responsible bidder, if there by any such whose bid does not exceed the estimate.

If no responsible person shall propose to enter into the contract at a price not exceeding the estimated cost, all bids shall be rejected and the same proceedings as before repeated, until some responsible person by sealed proposal shall offer to contract for the work at a price not exceeding the estimated cost: Provided, that if no responsible bid shall be received within the estimate, the governing body shall have power to make said improvement within the estimated cost thereof, and shall further have the power to purchase the necessary tools, machinery, apparatus, materials, employ the necessary labor, construct the necessary plant or plants for the purpose of carrying into effect the provisions of this act. In no case shall the City be liable for anything beyond the estimated cost or the original contract price for doing such work or making such improvements.

Before any type of public improvements shall be commenced, the money to pay for the same must be available in the City treasury as provided by law; or provision may be made for the issuance of internal improvement bonds to pay for any such improvement as provided by law: Provided, that this section shall not be construed to include any repair or maintenance work not amounting to substantial alteration, addition or change in any structure, street or facility; and "public improvement" as used herein shall not include the making of repairs or the maintenance of any building, street, sidewalk or other public facility in such cities by employees of said cities or the making of any expenditures from the City budget for such purposes. And further provided that this section shall not be construed to include improvements financed by industrial revenue bonds issued pursuant to K.S.A. 12-1740, et seq.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the governing body not less than two-thirds of the members elect voting in favor thereof the lst day of October, 1979 .

Ben M. Sykes

Mayor

ATTEST:

Bernice Crummett

City Clerk

APPROVED AS TO FORM:

Phillip L. Harris

City Attorney

Passed: 10/1/79

Published: 10/5/79

10/12/79

Effective: 12/12/79

Entire ordinance repealed by Charter Ordinance No. Twenty-Six

Effective on: 1/1/1901

Charter Ordinance No. Twenty-Four (Repealed by Ch. Ord. No. Thirty)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTION 12-4205 OF THE KANSAS STATUES ANNOTATED PERTAINING TO UNIFORM COMPLAINT AND NOTICE TO APPEAR AS PROVIDED FOR IN THE CODE OF PROCEDURE FOR MUNICIPAL COURTS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article l2, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it Section 12-4205 of the Kansas Statutes Annotated, and provide substitute and additional provisions therefor. Section 12-4205 of the Kansas Statutes Annotated is part of the Code of Procedure For Municipal Courts, Kansas Statutes Annotated 12-4101 et seq., an enactment of the legislature which is applicable to the City of Overland Park, but not uniformly applicable to all cities, and the legislature has not established classes of cities for the purpose of imposing limitations on procedures in municipal courts.

SECTION 2. In all cases a complaint and notice to appear may be made in the form of the "uniform complaint and notice to appear" which shall be deemed sufficient if in substantially the following form, to wit:

The foregoing provisions notwithstanding, however, and notwithstanding the provisions of Kansas Statutes Annotated 12-4113 (g), or any amendments thereto, whenever a law enforcement officer issues a Uniform Complaint and Notice to Appear for violation of any City traffic ordinance, and such Uniform Complaint and Notice to Appear includes information required by and is signed by the officer preparing the same, then such Uniform Complaint and Notice to Appear shall be deemed lawful for purposes of prosecution under this Act even though the same has not been sworn to before a Municipal Judge, Court Clerk, Assistant Court Clerk or Notary Public.

SECTION 3. This ordinance shall be published once every week for two consecutive weeks in the official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members-elect voting in favor thereof the 1st day of October, 1979.

Ben M. Sykes, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

James L. Robinson

Assistant City Attorney

Passed: 10/1/79

Published: 10/5/79

10/12/79

Effective: 12/12/79

Entire ordinance repealed by Charter Ordinance No. Thirty

Effective on: 1/1/1901

Charter Ordinance No. Twenty-Five (Repealed by Ch. Ord. No. Thirty-Four)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE REPEALING AND AMENDING SECTION l OF CHARTER ORDINANCE ONE-C OF THE CITY OF OVERLAND PARK, KANSAS; PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT, THE ELECTION OF PRESIDENT OF COUNCIL, PASSAGE OF ORDINANCE, AND TIE VOTE; REPEALING CHARTER ORDINANCE ONE-C.

BE IT ORDAINED by the Governing Body of the City of Overland Park, Kansas:

SECTION 1. Section 2 of Charter Ordinance No. One is hereby amended to read as follows:

Section 2. The Governing Body shall consist of a mayor elected by the City as a whole and ten councilmen elected by districts as hereinafter provided. Qualifications, oaths and bonds of the mayor and councilmen shall be as provided in the general laws establishing and relating to the mayor-council form in cities of the first class. On the second Monday after the first Tuesday in the month of April of each year, the council shall elect, by majority of the votes cast by signed written ballot, one of its members as president of the council who, in the absence or disability of the mayor shall become acting mayor; Provided, that such councilman shall retain all his voting rights and other prerogatives as councilman while acting as mayor. All powers now exercised by cities of the first class which are not inconsistent with this charter ordinance, or which shall hereafter be conferred upon them shall be exercised by the Governing Body herein provided for; Provided, that any ordinance shall be passed by a vote of six councilmen unless a greater number of votes are specifically required by another provision of law; Provided, that where the number of favorable votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the ordinance; Provided, that any resolution, motion or any other action of the Governing Body except charter ordinances, upon which the mayor's vote shall be counted on every occasion, shall be passed by a majority vote of the councilmen present, and where the number of favorable votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the resolution, motion or other action.

SECTION 2. Charter Ordinance No. One-C is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect sixty-one (61) days after its final publication unless within sixty (60) days of its final publication a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the member select voting in favor thereof the 7th day of January, 1980.

Ben M. Sykes

ATTEST: Mayor

Bernice Crummett

City Clerk

APPROVED AS TO FORM:

Phillip L. Harris

City Attorney

Passed: 1/7/80

Published: 1/11/80

1/18/80

Effective: 3/12/80

Entire ordinance repealed by Charter Ordinance No. Thirty-Four

Effective on: 1/1/1901

Charter Ordinance No. Twenty-Six (Repealed by Ch. Ord. No. Thirty-Three)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTION l 3-1017 OF THE KANSAS STATUTES ANNOTATED AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT; REPEALING CHARTER ORDINANCE TWENTY-THREE:

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council city of the first class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it Section 13-1017 of the Kansas Statutes Annotated, said section applying only to cities of the first class, and provides substitute and additional provisions as hereafter indicated.

SECTION 2. Estimate of cost of improvements; contracts; bids; bond issue, when.

Before undertaking the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer or any other public improvement on any street, highway or public grounds, or of any public building or facility, or any other kind of public improvement in the City of Overland Park shall be commenced or ordered by the governing body, or under its authority, a detailed estimate of the cost of such improvements shall be made under oath by the city engineer (or other competent person, appointed for such purposes by the governing body) and said estimate shall be submitted to the governing body for its action thereon; and in all cases where the estimated cost of the contemplated building, facility or public improvement amounts to more than five thousand dollars ($5,000), sealed proposals for the building or construction thereof shall be invited by advertisement, published by the city clerk once in the official City newspaper, and the governing body shall let all such work by contract to the lowest responsible bidder, if there is any whose bid does not exceed the estimate.

If no responsible person shall propose to enter into the contract at a price not exceeding the estimated cost, all bids shall be rejected and the same proceedings as before repeated, until some responsible person by sealed proposal shall offer to contract for the work at a price not exceeding the estimated cost: Provided, that if no responsible bid shall be received within the estimate, the governing body shall have power to make said improvement within the estimated cost thereof, and shall further have the power to purchase the necessary tools, machinery, apparatus, materials, employ the necessary labor, and construct the necessary plant or plants for the purpose of carrying into effect the provisions of this act. In no case shall the City be liable for anything beyond the estimated cost or the original contract price for doing such work or making such improvements.

Before any type of public improvements shall be commenced, the money to pay for the same must be available in the City treasury as provided by law; or provision may be made for the issuance of internal improvement bonds to pay for any such improvement as provided by law: Provided, that this section shall not be construed to include any repair or maintenance work not amounting to substantial alteration, addition or change in any structure, street or facility. "Public improvement" as used herein shall not include the making of repairs or the maintenance of any building, street, sidewalk or other public facility in the City by employees of the City or the making of any expenditures from the City budget for such purposes And further provided that this section shall not be construed to include improvements financed by industrial revenue bonds issued pursuant to K.S.A. 12-1740, et seq.

SECTION 3. Charter Ordinance No. Twenty-Three is hereby repealed.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 5. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the governing body not less than two-thirds of the members elect voting in favor thereof the 25th day of July, 1983.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Jane Neff-Brain, Assistant City Attorney

Passed: 7/25/83

Published: 7/29/83

8/5/83

Effective: 10/4/83

Entire ordinance repealed by Charter Ordinance No. Thirty-Three

Effective on: 1/1/1901

Charter Ordinance No. Twenty-Seven (Repealed by Ch. Ord. No. Eighty-Three)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS,

FROM SECTIONS 13-14a01, 13-14a02, 13-14a03, 13-14a04, 13-14a05, 13-14a06, 13-14a07, 13-14a08, 13-14a09, 13-14a11, 13-14a12, AND 13-14a13 OF THE KANSAS STATUTES ANNOTATED PERTAINING TO FIRE AND POLICE DEPARTMENT RETIREMENT SYSTEMS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; REPEALING OVERLAND PARK CHARTER ORDINANCE NUMBER EIGHT; REPEALING OVERLAND PARK ORDINANCES PEN-497, PEN-497A, PEN-497B, AND PEN-842.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the state of Kansas, hereby elects to exempt itself from and make inapplicable to it Sections 13-14a0l, 13-14a02, 13-14a03, 13-14a04, 13-14a05, 13-14a06, 13-14a07, 13-14a08, 13-14a09, 13-14a11, 13-14a12, and 13-14a13 of the Kansas Statutes Annotated and provide substitute and additional provisions therefor; Said sections relate to Fire and Police Department Retirement Systems, an enactment of the legislature which is applicable to the City of Overland Park, but not uniformly applicable to all cities.

SECTION 2. The Overland Park, Kansas, Police Department Revised Retirement Plan and Revised Retirement Trust Agreement previously established under authority of Overland Park Charter Ordinance Number Eight and Overland Park Ordinances PEN-497, PEN-497A, PEN-497B and PEN-842 is hereby reestablished and reaffirmed.

The Governing Body is authorized to amend said plan and trust agreement by resolution, provided that such amendments shall not conflict with any provisions of this Charter Ordinance.

SECTION 3. There shall be five trustees to act as provided in the agreement. The Mayor shall appoint one trustee and, in addition thereto, the Mayor shall appoint two additional trustees, the appointment of such two additional trustees shall be with the consent of the City Council. The three trustees to be appointed by the Mayor shall be residents of the City of Overland Park, Kansas. Beginning in 1982, such trustees shall be appointed for designated terms of three years, two years, and one year and until their successors are appointed and qualified. In future years after 1982, each appointed trustee shall serve three years and until their successors are appointed and qualified.

Two additional trustees shall be selected from the participating membership by a majority vote of the participating members of the Police Department. In 1982, trustees elected by the participating members of the Police Department shall serve for specified terms of two years and three years and until their successors are appointed and qualified. At each future election, a trustee elected from the participating membership by a majority vote of the participating

members of the Police Department shall serve for a period of three years and until their successor is appointed and qualified.

The term of each trustee shall commence on the second Tuesday of April following their appointment or election.

SECTION 4. A "Disability Income Insurance Policy" providing disability income insurance and life insurance for the benefit of police officers and their dependents shall be purchased and maintained to supplement the provisions of the Overland Park Police Department Revised Retirement Plan and Revised Retirement Trust Agreement. Said policy shall provide two thousand dollars of life insurance and the payment of long-term disability benefits of sixty percent of earnings and shall provide a waiting period for accident and sickness benefits of ninety days.

SECTION 5. For the purpose of funding said plan and purchasing the required insurance as set out within this Charter Ordinance, the City shall make annual contributions from the General Fund. Said contributions shall be made in compliance with K.S.A. 1980 Supp. 12-5002 or any amendments thereto, and shall be maintained in order to fund said plan on an actuarially-sound basis.

In addition thereto, funds shall be utilized for said plan and insurance which are obtained by gifts, grants, bequests, gratuities and proceeds from lost or stolen securities, money or personal property which shall remain unclaimed in the possession of the City for six months, together with the proceeds of all unclaimed or confiscated property of any nature which shall have been in the possession of the City for a period of six months, and the City is hereby authorized to sell at public auction any such lost, stolen or unclaimed property.

SECTION 6. Payments upon retirement, discharge, disability, or death to either a member or beneficiary shall be established and paid out in accordance with said plan and trust agreement which has been reestablished and affirmed herein.

SECTION 7. Overland Park Charter Ordinance Number Eight and Overland Park Ordinances PEN-497, PEN-497A, PEN-497B and PEN-842 are hereby repealed.

SECTION 8. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 9. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members-elect voting in favor thereof the 18th day of January, 1982.

Ed Eilert

Mayor

ATTEST:

Bernice Crummett

City Clerk

APPROVED AS TO FORM:

James L. Robinson

Assistant City Attorney

Passed: 1/18/82

Published: 1/22/82

1/29/82

Effective: 3/31/82

Entire ordinance repealed by Charter Ordinance No. Eighty-Three.

Effective on: 1/1/1901

Charter Ordinance No. Twenty-Eight (Repealed by Ch. Ord. No. Thirty-Four)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING EXISTING SECTION 4 OF CHARTER ORDINANCE NO. THIRTEEN AND OVERLAND PARK MUNICIPAL CODE SECTION 2.03.040, DATE OF PRIMARY ELECTION; REPEALING CHARTER ORDINANCE NO. NINETEEN, WHICH AMENDS EXISTING SECTION 5 OF CHARTER ORDINANCE NO. THIRTEEN AND AMENDING AND REPEALING EXISTING OVERLAND PARK MUNICIPAL CODE SECTION 2.03.050, FILING DEADLINE FOR CITY ELECTION; AND PROVIDING SUBSTITUTE PROVISIONS THEREFOR.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1.

Section 4 of Charter Ordinance No. Thirteen and Overland Park Municipal Code Section 2.03.040 are hereby amended to read as follows:

Section 4. Date of Primary Election.

The primary election of the City officers provided for in Section 2 hereinabove shall be on the Tuesday preceding by five (5) weeks the first Tuesday in April of every odd numbered year.

No primary election of City officers shall be held unless by holding such primary one or more persons will be eliminated as candidates for an office. In the event that there is not more than one candidate for each party nomination for any one office, the name of the candidate for such office shall not appear on the primary election ballot and there shall be no primary election for such party nomination for such office, but the name of such candidate shall be placed on the general City election ballot.

SECTION 2.

Section 5 of Charter Ordinance No. Thirteen and Section 2.03.050 of the Overland Park Municipal Code are hereby amended to read as follows:

Section 5. Filing Deadline for City Election.

The filing deadline for all city elections shall be twelve noon of the Tuesday preceding by ten (10) weeks the first Tuesday in April of each election year.

SECTION 3. Section 4 of Charter Ordinance No. Thirteen, all of Charter Ordinance Nineteen, Overland Park Municipal Code Sections 2.03.040 and 2.03.050 are hereby repealed.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 5. This is a Charter Ordinance and shall take effect sixty (60) days after its final publication unless a sufficient petition for a referendum is filed within such sixty days and a referendum is held on the ordinance as, provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall not take effect until approved by a majority of the electors voting thereon.

PASSED by the Governing Body, not less than two-thirds of the members-elect voting in favor thereof, the 25th day of July, 1983.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Phillip L. Harris, City Attorney

Passed: 7/25/83

Published: 7/29/83

8/5/83

Effective: 10/4/83

Entire ordinance repealed by Charter Ordinance No. Thirty-Four

Effective on: 1/1/1901

Charter Ordinance No. Twenty-Nine

(Retired)

Effective on: 1/1/1901

Charter Ordinance No. Thirty (Repealed by Ch. Ord. No. Forty-Four)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTIONS 12-4202 and 12-4215 OF THE KANSAS STATUTES ANNOTATED PERTAINING TO COMPLAINTS AND NOTICES TO APPEAR AS PROVIDED FOR IN THE CODE OF PROCEDURE FOR MUNICIPAL COURTS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; REPEALING CHARTER ORDINANCE NO. TWENTY-FOUR.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it Section 12-4205 of the Kansas Statutes Annotated, and provide substitute and additional provisions therefor. Sections 12-4202 and 12-4205 of the Kansas Statutes Annotated are part of the Code of Procedure For Municipal Courts, Kansas Statutes Annotated 12-4101 et seq., an enactment of the legislature which is applicable to the City of Overland Park, but not uniformly applicable to all cities, and the legislature has not established classes of cities for the purpose of imposing limitations on procedures in municipal courts.

SECTION 2. A complaint shall be in writing and shall be signed by the complainant. More than one violation may be charged in the same complaint. A complaint shall be deemed sufficient if in substantially the form of the complaint set out in Section 3 below or in substantially the following form:

The foregoing provisions notwithstanding, and notwithstanding the provisions of Kansas Statutes Annotated 12-4113(g), or any amendments thereto, whenever a law enforcement officer issues a complaint for the violation of any City ordinance, and such complaint includes information required by law and is signed by the officer preparing the same, then such complaint shall be deemed lawful for purposes of prosecution under this Act even though the sane has not been sworn to before a Municipal Judge, Court Clerk, Assistant Court Clerk, or Notary Public.

SECTION 3. In all cases a complaint and notice to appear may be made in the form of the "Uniform Complaint and Notice to Appear" which shall be deemed sufficient if in substantially the following form:

The foregoing provisions notwithstanding, and notwithstanding the provisions of Kansas Statutes Annotated 12-4113 (g), or any amendments thereto, whenever a law enforcement officer issues a Uniform Complaint and Notice to Appear for the violation of any City ordinance, and such Uniform Complaint and Notice to Appear includes information required by law and is signed by the officer preparing the same, then such Uniform Complaint and Notice to Appear shall be deemed lawful for purposes of prosecution under this Act even though the same has not been sworn to before a Municipal Judge, Court Clerk, Assistant Court Clerk, or Notary Public.

SECTION 4. Charter Ordinance No. Twenty-Four is hereby repealed.

SECTION 5. This ordinance shall be published once every week for two consecutive weeks in the official City newspaper.

SECTION 6. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 15th day of August, 1983.

Ed Eilert

Mayor

ATTEST:

Bernice Crummett

City Clerk

APPROVED AS TO FORM:

Karen Arnold-Burger

Assistant City Attorney

Passed: 8/15/83

Published: 8/17/83

8/24/83

Effective: 10/23/83

Entire ordinance repealed by Charter Ordinance No. Forty-Four

Effective on: 1/1/1901

Charter Ordinance No. Thirty-One (Repealed by Ch. Ord. No. Sixty-Seven)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTIONS 12-4211 AND 12-4212 OF THE KANSAS STATUTES ANNOTATED PERTAINING TO THE POWERS OF A LAW ENFORCEMENT OFFICER TO DETAIN AND ARREST PERSONS AS PROVIDED FOR IN THE CODE OF PROCEDURE FOR MUNICIPAL COURTS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it Sections 12-4211 and 12-4212 of the Kansas Statutes Annotated are part of the Code of Procedure for Municipal Courts, Kansas Statutes Annotated 12-4101 et seq., an enactment of the legislature which is applicable to the City of Overland Park, but not uniformly applicable to all cities, and the legislature has not established classes of cities for the purpose of imposing limitations on procedures in municipal courts.

SECTION 2.

A law enforcement officer may detain a person when:

1. a.
   He or she has a warrant commanding that such person be arrested; or
2. b.
   He or she has no warrant, but the officer has reason to believe that a warrant for the person's arrest has been issued by any court in this state, or by any court in any other jurisdiction for a felony committed therein; or
3. c.
   He or she has probable cause to believe that the person is committing or has committed

   1. 1.
      A felony; or
   2. 2.
      A misdemeanor or ordinance violation, and the officer has probable cause to believe that:

      1. i.
         Such person will not be apprehended or evidence of the crime will be irretrievably lost unless such person is immediately detained; or
      2. ii.
         Such person may cause injury to himself, herself, or others or damage to property unless immediately detained; or
4. d.
   Any crime (felony, misdemeanor, or ordinance violation) has been or is being committed by such person in the officer's view.

A law enforcement officer having detained a person pursuant to the preceding paragraph, except subsection (a) or (b) thereof, may release the person or may prepare and serve upon such person a complaint and notice to appear, as provided by Charter Ordinance No. Thirty and shall then release such accused person from such detention, except in such instances where the law enforcement officer has power and authority to arrest such accused person as hereinafter set forth.

SECTION 3.

A law enforcement officer may arrest a person when:

1. a.
   He or she has a warrant commanding that such person be arrested; or
2. b.
   He or she has no warrant, but the officer has probable cause to believe that a warrant for the person's arrest has been issued by any court in this state, or by any court in any other jurisdiction for a felony committed therein; or
3. c.
   He or she has probable cause to believe that the person is committing or has committed

   1. 1.
      A felony; or
   2. 2.
      A misdemeanor or ordinance violation, and the officer has probable cause to believe that:

      1. i.
         Such person will not be apprehended or evidence of the crime will be irretrievably lost unless such person is immediately arrested; or
      2. ii.
          Such person may cause injury to himself, herself, or others or damage to property unless immediately arrested; or
4. d.
   Any crime (felony, misdemeanor, or ordinance violation) has been or is being committed by such person in the officer's view.

SECTION 4. This ordinance shall be published once every week for two consecutive weeks in the official City newspaper.

SECTION 5. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members-elect voting in favor thereof the 15th day of August, 1983.

ATTEST: Ed Eilert, Mayor

Bernice Crummett, City Clerk

Karen Arnold-Burger

Assistant City Attorney

Passed: 8/15/83

Published: 8/17/83

8/24/83

Effective: 10/23/83

Entire ordinance repealed by Charter Ordinance No. Sixty-Seven

Effective on: 1/1/1901

Charter Ordinance No. Thirty-Two (Repealed by Ch. Ord. No. Sixty-Three)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS FROM SECTION 12-1036e OF THE KANSAS STATUTES ANNOTATED; PROVIDING SUBSTITUTE PROVISIONS ON THE SALARIES OF THE MAYOR AND CITY COUNCILPERSONS; AND REPEALING CHARTER ORDINANCES TWO; SIX; NINE AND TWENTY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. City of Overland Park, Kansas, a Mayor-Council-City Manager city of the first class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it, Section 12-1036e of the Kansas Statutes Annotated, which law applies only to Mayor-Council-City Manager cities of the first class, and to provide substitute provisions as herein provided.

SECTION 2. Commencing January 1, 1985, the salary of the Mayor shall be $10,200 per year, payable monthly; and commencing January 1, 1987, the salary of the Mayor shall be $12,000 per year, payable monthly.

SECTION 3. Commencing January 1, 1985, the salary of the President of the Council shall be $6,600 per year, payable monthly.

SECTION 4. Commencing January 1, 1985, the salary of each City Councilperson shall be $6,000 per year, payable monthly.

SECTION 5. The salaries of the Mayor, President of the Council, and Councilpersons shall be reviewed in the year 1988 as part of the 1989 budget process of the City and every four years thereafter.

SECTION 6. Charter Ordinances Two, Six, Nine and Twenty are hereby repealed effective January 1, 1985.

SECTION 7. This ordinance shall be published once each week for two consecutive weeks in the official City newspaper, Overland Park Sun.

SECTION 8. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members-elect voting in favor thereof the 23rd day of July, 1984.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett

City Clerk/Finance Director

Phillip L. Harris, City Attorney

Passed: 7/23/84

Published: 7/27/84

8/3/84

Effective: 1/1/85

Entire ordinance repealed by Charter Ordinance No. Sixty-Three

Effective on: 1/1/1901

Charter Ordinance No. Thirty-Three (Repealed by Ch. Ord. No. Seventy-One)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTION 13-1017 OF THE KANSAS STATUTES ANNOTATED AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT; REPEALING CHARTER ORDINANCE TWENTY-SIX.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, a Mayor-Council-Mayor city of the first class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it Section 13-1017 of the Kansas Statutes Annotated, said section applying only to cities of the first class, and provides substitute and additional provisions as hereafter indicated.

SECTION 2. Estimate of cost of improvements; contracts; bids; bond issue, when.

Before undertaking the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer or any other public improvement on any street, highway or public grounds, or of any public building or facility, or any other kind of public improvement in the City of Overland Park shall be commenced or ordered by the Governing Body, or under its authority, a detailed estimate of the cost of such improvements shall be made under oath by the city engineer, any department director or any other competent person appointed for such purposes by the Governing Body, and the estimate shall be submitted to the Governing Body for its action thereon. In all cases where the estimated cost of the contemplated public improvement amounts to more than Five Thousand Dollars ($5,000), sealed proposals for the public improvement shall be invited by advertisement, published by the city clerk once in the official City newspaper, and the Governing Body shall let all such work by contract to the lowest and best responsible bidder. Notwithstanding the foregoing, the Governing Body reserves the right to refuse all or any part of any bid when it is felt that such action is in the best interest of the City.

If no qualified responsible person shall propose to enter into the contract at a price not exceeding the estimated cost, all bids may be rejected and the same proceedings as before repeated. In the alternative, if all bids exceed the estimated cost, the Governing Body may accept the bid and let the work by contract to the lowest and best responsible bidder; but if that cost is greater than seven percent over the estimated cost, the department director of the department letting the bids or his/her designee shall give a full explanation to the Governing Body of the reason for the discrepancy. In no case shall the City be liable for anything beyond the original contract price for doing the work or making the improvements.

Before any type of public improvements shall be commenced, the money to pay for the same must be available in the City treasury as provided by law; or provision may be made for the issuance of internal improvement bonds to pay for any such improvement as provided by law: Provided, that this section shall not be construed to include any repair or maintenance work not amounting to substantial alteration, addition or change in any structure, street or facility. "Public improvement" as used herein shall not include the making of repairs or the maintenance of any building, street, sidewalk or other public facility in the City by employees of the City or the making of any expenditures from the City budget for such purposes. And further provided that this section shall not be construed to include improvements financed by industrial revenue bonds issued pursuant to K.S.A. 12-1740, et seq.

SECTION 3. Charter Ordinance No. Twenty-Six is hereby repealed.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 5. This is a Charter Ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the governing body not less than two-thirds of the members elect voting in favor thereof the 10th day of December, 1984.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Jane Neff-Brain

Assistant City Attorney

Passed: 12/10/84

Published: 12/14/84

12/21/84

Effective: 2/20/85

Entire ordinance repealed by Charter Ordinance No. Seventy-One

Effective on: 1/1/1901

Charter Ordinance No. Thirty-Four (Repealed by Ch. Ord. No. Eighty-Four)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AUTHORIZED BY Article XII, SECTION 5 SUB-PARAGRAPH (e) OF THE KANSAS CONSTITUTION, EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTIONS 12-1036b, 12-1036c, 12-1036d, AND 12-1036f, OF THE 1961 SUPPLEMENT TO THE GENERAL STATUTES OF KANSAS, 1949: AND SECTIONS 25-2107 1969 SUPPLEMENT, 25-2108a 1982 SUPPLEMENT, 25-2109 1982 SUPPLEMENT; AND FURTHER EXEMPTING SAID CITY FROM THE PROVISIONS OF K.S.A. 13-304 1969 SUPPLEMENT; PROVIDING SUBSTITUTE PROVISIONS THEREFOR; PROVIDING FOR ELECTION OF MAYOR AND TEN COUNCILMEMBERS, ELECTION OF PRESIDENT OF COUNCIL, TIE VOTE, TERMS OF OFFICE AND VACANCIES, DIVISION OF CITY INTO FIVE WARDS, AND ADJUSTMENT OF SAID WARDS, POWERS AND DUTIES OF MAYOR. REPEALING CHARTER ORDINANCES NOS. ONE, FOUR, THIRTEEN, SIXTEEN, TWENTY-FIVE AND TWENTY-EIGHT.

BE IT ORDAINED BY THE GOVERNING OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council City of the first class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it Sections 12-1036b, 12-1036c, 12-1036d and 12-1036f of the 1961 Supplement to the General Statutes of Kansas, 1949; and Sections 25-2107 1969 Supplement, 25-2108a 1982 Supplement, 25-2109 1982 Supplement; 13-304 1969 Supplement and provides substitute and additional provisions as hereinafter provided.

*SECTION 2. MEMBERS-PRESIDENT OF COUNCIL-POWERS AND DUTIES OF GOVERNING BODY.

The Governing Body shall consist of a Mayor elected by the City as a whole and ten Councilmembers elected by wards as hereinafter provided. Qualifications, oaths and bonds of the Mayor and Councilmembers shall be as provided in the general laws establishing and relating to the Mayor-Council form in cities of the first class. On the second Monday after the first Tuesday in the month of April of each year, the Council shall elect, by majority of votes cast by signed written ballot, one of its members as president of the Council who, in the absence or disability of the Mayor shall become acting Mayor; Provided, that such Councilmember shall retain all his voting rights and other prerogatives as Councilmember while acting as Mayor. All powers now exercised by cities of the first class which are not inconsistent with this charter ordinance, or which shall hereafter be conferred upon them shall be exercised by the Governing Body herein provided for; Provided, that any ordinance shall be passed by a vote of six Councilmembers unless a greater number of votes are specifically required by another provision of law; Provided, that where the number of favorable votes is one less than required, the Mayor shall have the power to cast the deciding vote in favor of the ordinance; Provided, that any resolution, motion or any other action of the Governing Body except charter ordinances, upon which the Mayor's vote shall be counted on every occasion, shall be passed by a majority vote of the Councilmembers present, and where the number of favorable votes is one less than required, the Mayor shall have the power to cast the deciding vote in favor of the resolution, motion or other action.

**SECTION 3. WARDS.

The City shall be divided into five wards to be numbered one through five. Dividing lines between wards shall follow precinct boundaries. The Governing Body of the City shall, by ordinance, adjust the ward boundaries to reflect approximately equal population in December of 1985 and may likewise adjust ward boundaries in December every two years thereafter but shall adjust these boundaries in December every four years thereafter.

***SECTION 4. ELECTION OF OFFICERS AND TERMS OF OFFICE.

In the year 1971 there shall be elected a Mayor from the City at Large and five Councilmembers to succeed to the offices held by those members elected in April, 1968, and such officers, including the Mayor, shall hold office for a two-year term expiring in 1973. Thereafter, all such officers so elected shall hold their office for four years and until their successors are elected and qualified.

Those Councilmembers elected in 1969 shall have terms expiring in 1972 and shall in 1972 stand for election to a three-year term expiring in 1975. Thereafter, all such officers elected in 1975 shall hold their office for a term of four years and until their successors are elected and qualified.

SECTION 5. DATE OF GENERAL ELECTION.

The general election of the City officers provided for hereinabove shall be held on the first Tuesday in April of every odd-numbered year.

****SECTION 6. DATE OF PRIMARY ELECTION.

The primary election of the City officers shall be on the Tuesday preceding by five weeks the first Tuesday in April of every odd-numbered year.

No primary election of City officers shall be held unless by holding such primary one or more persons will be eliminated as candidates for an office. In the event that there is not more than one candidate for each party nomination for any one office, the name of the candidate for such office shall not appear on the primary election ballot and there shall be no primary election for such party nomination for such office, but the name of such candidate shall be placed on the general City election ballot.

SECTION 7. FILING DEADLINE FOR CITY ELECTION.

The filing deadline for all City elections shall be twelve noon of the Tuesday preceding by ten weeks the first Tuesday in April of each election year.

*****SECTION 8. DUTIES OF THE MAYOR.

The Mayor shall be the titular head of the City and shall preside at all meetings of the Council. He shall sign all ordinances and resolutions passed by the Council; Provided, that he shall have the power to veto any ordinance or resolution passed by the Council, except the Mayor shall have no power to veto a Charter Ordinance, or appointments by the Council for vacancies on the Council. Any ordinance or resolution vetoed by the Mayor may be passed over the veto by the vote of two-thirds of the whole number of the Councilmembers-elect, notwithstanding the veto; and if the Mayor has failed to sign or veto such ordinance or resolution by the first regular meeting following the adoption of such ordinance or resolution, the same shall take effect without his signature. It shall be the duty of the Mayor to sign all contracts authorized by the Governing Body before the City shall be liable thereon. He shall represent the City Governing Body at all official City functions and shall be the official representative of the Governing Body at all meetings, conferences and negotiations relating to policy matters involving other governmental units and shall recommend Council action relating thereto. He shall be the official representative of the Governing Body at all conferences and meetings with citizens' groups and organizations interested in promoting the welfare and development of the City and shall recommend Council action relative thereto. He may annually communicate to the Council in writing such information as he may possess with reference to the condition of the City, and recommend such measures as he may deem necessary and expedient. He may inform the Council concerning questions of policy and may make policy recommendations to the Council.

******SECTION 9. FILLING VACANCY IN OFFICE OF MAYOR AND COUNCILMEMBER.

1. a.
   The Mayor and Councilmembers shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the office of Mayor, the president of the Council, upon being qualified, shall become Mayor and shall serve in such office until the next regular City election and a successor has been duly elected and qualified. If the Mayor who vacated the office had a term which would not expire at such regular City election, then the successor elected at such regular City election is elected to serve such unexpired term.
2. b.
   When the president of the Council becomes Mayor, there shall be a vacancy of such Councilmember's office on the City Council. A vacancy for any reason in the office of Councilmember shall be filled by the Council from a recommendation submitted to the Council by the precinct committee people from the political party represented by the Councilmember whose office is vacated and such recommendation shall be communicated to the Council by the party's City chairman and thereafter such person shall serve in such office until the next regular City election and a successor has been duly elected and qualified. If the Councilmember who vacated the office had a term which would not expire at such regular City election, then the successor elected at such regular City election is elected to serve such unexpired term.
3. c.
   In the event the Councilmember who vacates his office is an independent who belongs to no organized political party, the vacancy shall be filled by a majority vote of the remaining Councilmembers and thereafter such person shall serve in such office until the next regular City election and a successor has been duly elected and qualified. If the Councilmember who vacated the office had a term which would not expire at such regular City election, then the successor elected at such regular City election is elected to serve such unexpired term.

SECTION 10. Charter Ordinances Nos. One, Four, Thirteen, Sixteen, Twenty-Five, and Twenty-Eight are hereby repealed.

SECTION 11. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 12. This is a Charter Ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the governing body not less than two-thirds of the members elect voting in favor thereof the 10th day of September, 1984.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Jane Neff-Brain

Assistant City Attorney

Passed: 9/10/84

Published: 9/14/84

9/21/84

Effective: 11/20/84

*Section 2 repealed by Charter Ordinance No. Fifty-Four

**Section 3 repealed by Charter Ordinance No. Forty-Seven

***Section 4 repealed by Charter Ordinance No. Seventy-Seven

****Section 6 repealed by Charter Ordinance Nos. Seventy-Six and Seventy-Seven

*****Section 8 repealed by Charter Ordinance No. Seventy-Eight

******Section 9 repealed by Charter Ordinance No. Forty

Entire ordinance repealed by Charter Ordinance No. Eighty-Four.

Effective on: 1/1/1901

Charter ordinance No. Thirty-Five (Repealed by Ch. Ord. No. Ninety-Nine)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF KSA 12-16,101, WHICH RELATE TO THE ESTABLISHMENT OF A CONVENTION AND TOURISM COMMITTEE IN ACCORDANCE WITH THE TRANSIENT GUEST TAX PROVISIONS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of KSA 12-16,101 relating to the establishment of a Convention and Tourism Committee under its transient guest tax. Such referenced statute is applicable to this City but not uniformly applicable to all cities.

SECTION 2. The City elects to establish a Convention and Tourism Committee by adoption of a resolution setting forth substitute and additional provisions for such committee as shall serve the needs of the City.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case, the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than two-thirds of the members elect voting in favor thereof, this 4th day of February,1985.

ATTEST: Ed Eilert, Mayor

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Phillip L. Harris, City Attorney

Passed: 2/4/85

Published: 2/20/85

2/27/85

Effective: 4/28/85

(History: Charter Ord. No. 99 §10, 2020)

Effective on: 1/1/1901

Charter Ordinance No.Thirty-Six

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. TWENTY-TWO, WHICH EXEMPTED THE CITY OF OVERLAND PARK FROM THE PROVISIONS OF K.S.A. 13-1234b. AND 13-1234d. PERTAINING TO LIMITATIONS ON THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURCHASE OF EQUIPMENT AND MATERIAL FOR STREET LIGHTING AND TRAFFIC SIGNALS FOR CERTAIN CITIES; AND WHICH PROVIDED SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SUBJECT OF LIMITATIONS ON THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURCHASE OF EQUIPMENT AND MATERIALS FOR STREET LIGHTING FOR THE CITY OF OVERLAND PARK.

WHEREAS, Charter Ordinances may be used only for the purpose of making inapplicable those state statutes which are applicable to the City of Overland Park but are not uniformly applicable to all cities in Kansas; and

WHEREAS, the provisions of K.S.A. 13-1234b., 13-1234c. and 13-1234d. by their own terms are inapplicable to the City of Overland Park, Kansas; and

WHEREAS, Charter Ordinance No. Twenty-Two purports to make K.S.A. 13-1234b. and 13-1234d. inapplicable to the City of Overland Park, and is therefore unnecessary.

THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does hereby repeal Charter Ordinance No. Twenty-Two.

SECTION 2. This ordinance shall be published once each week for two (2) consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 3. This is a charter ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF THE 10th DAY OF FEBRUARY, 1986.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett

Finance Director/City Clerk

APPROVED AS TO FORM:

Robert J. Watson, City Attorney

Passed: 2/10/86

Published: 2/19/86

2/26/86

Effective: 4/28/86

Effective on: 1/1/1901

Charter Ordinance No. Thirty-Eight

A CHARTER ORDINANCE RELATING TO THE ELECTION OF THE MAYOR AND COUNCILMEMBERS; REPEALING CHARTER ORDINANCE NO. 1-A OF THE CITY OF OVERLAND PARK, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to and hereby does repeal Charter Ordinance No. 1-A.

SECTION 2. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 3. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case, the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than two-thirds of the members elect voting in favor thereof, this 21st day of April, 1986.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Robert J. Watson, City Attorney

Passed: 4/21/86

Published: 4/25/86

5/2/86

Effective: 7/2/86

Effective on: 1/1/1901

Charter Ordinance No. Thirty-Nine (Repealed by Ch. Ord. No. Forty-Six)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF SUB-PARAGRAPH (a) OF KSA 12-1697, WHICH RELATE TO THE LEVY OF A TRANSIENT GUEST TAX, TO THE MAXIMUM RATE THEREOF, AND TO THE PURPOSES FOR WHICH SUCH TRANSIENT GUEST TAX MONIES MAY BE SPENT; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of sub-paragraph (a) of KSA 12-1697 relating to the levy of a transient guest tax, to the maximum rate thereof, and to the purposes for which such transient guest tax monies may be spent. Such referenced sub-paragraph (a) of KSA 12-1697 is applicable to this City but not uniformly applicable to all cities.

SECTION 2. In order to provide revenues to promote tourism and conventions, the Governing Body of the City of Overland Park, Kansas, is hereby authorized to levy a transient guest tax at not to exceed the rate of five percent (5%) upon the gross receipts derived from or paid by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel or tourist court. The percentage of such tax shall be determined by the Governing Body and shall be specified in the resolution authorizing the same.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case, the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than two-thirds of the members elect voting in favor thereof, this 29th day of September,1986.

ATTEST: Ed Eilert, Mayor

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Robert J. Watson, City Attorney

Passed: 9/29/86

Published: 10/3/86

10/10/86

Effective: 12/10/86

Entire ordinance repealed by Charter Ordinance No. Forty-Six

Effective on: 1/1/1901

Charter Ordinance No. Forty (Repealed by Ch. Ord. No. Eighty-Four)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING EXISTING SECTION 9 OF CHARTER ORDINANCE NO. THIRTY-FOUR RELATING TO VACANCIES ON THE COUNCIL AND PROVIDING A METHOD FOR FILLING SUCH VACANCIES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

*SECTION 1. Section 9 of Charter Ordinance No. 34 of the City of Overland Park, Kansas, be and the same is hereby amended to read as follows:

SECTION 9. FILLING VACANCY IN OFFICE OF MAYOR AND COUNCILMEMBER.

(a) The Mayor and Councilmembers shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the office of Mayor, the president of the Council, upon being qualified, shall become Mayor and shall serve in such office until the next regular City election and a successor has been duly elected and qualified. If the Mayor who vacated the office had a term which would not expire at such regular City election, then the successor elected at such regular City election is elected to serve such unexpired term.

(b) When the president of the Council becomes Mayor, there shall be a vacancy of such Councilmember's office on the City Council. Whenever a vacancy occurs for any reason in the office of Councilmember, the precinct committee persons who represent the precincts located within the ward from which the vacating Councilmember was elected, and who were elected by the political party of the vacating Councilmember, shall recommend a replacement to the Council. Such recommendation shall be communicated to the Council by the party's City chairman. Upon receipt of such recommendation, the Council by majority vote of the remaining members thereof may either appoint such recommended replacement or may reject such recommended replacement. Should the remaining members of the Council reject such recommended replacement, the precinct committee persons shall recommend another person for Council consideration, and shall continue to make recommendations successively until the remaining members of the Council have appointed a replacement. The appointed replacement shall serve in such office until the next regular City election and until a successor has been duly elected and qualified. If the Councilmember who vacated the office had a term which would not expire at such regular City election, then the successor elected at such regular City election is elected to serve such unexpired term.

(c) In the event the Councilmember who vacates his office is an independent who belongs to no organized political party, the vacancy shall be filled by a majority vote of the remaining Councilmembers and thereafter such person shall serve in such office until the next regular City election and a successor has been duly elected and qualified. If the Councilmember who vacated the office had a term which would not expire at such regular City election, then the successor elected at such regular City election is elected to serve such unexpired term.

SECTION 2. Existing Section 9 of Charter Ordinance No. Thirty-Four is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the governing body not less than two-thirds of the members elect voting in favor thereof the 20th day of April, 1987.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

John S. Anderson

Assistant City Attorney

Passed: 4/20/87

Published: 4/24/87

5/1/87

Effective: 7/1/87

*Section 1 repealed by Charter Ordinance No. Forty-Nine

Entire ordinance repealed by Charter Ordinance No. Eighty-Four.

Effective on: 1/1/1901

Charter Ordinance No. Forty-One (Repealed by Ch. Ord. No. Ninety Nine)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-1692, 12-1693, K.S.A. 1986 Supp. 12-1694, 12-1694b, and K.S.A. 12-1695, WHICH RELATE TO THE LEVY OF A TRANSIENT GUEST TAX BY CITIES LOCATED WITHIN COUNTIES HAVING A POPULATION OF MORE THAN THREE HUNDRED THOUSAND (300,000).

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1692, 12-1693, K.S.A. 1986 Supp. 12-1694, 12-1694b., and K.S.A. 12-1695 relating to the levy of a Transient Guest Tax by cities located within counties having a population of more than Three Hundred Thousand (300,000). Such referenced statutes are applicable to this city but not uniformly applicable to all cities.

SECTION 2. This charter ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 3. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case, the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than two-thirds of the members elect voting in favor thereof, this 6th day of July, 1987.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Robert J. Watson, City Attorney

Passed: 7/6/87

Published: 7/10/87

7/17/87

Effective: 9/15/87

(History: Charter Ord. No. 99 §10, 2020)

Effective on: 1/1/1901

Charter Ordinance No. Forty-Two (Repealed by Ch. Ord. No. Seventy)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF SUB-PARAGRAPH (d) OF K.S.A. 1986 SUPP. 12-1698, WHICH RELATES TO THE PURPOSES FOR WHICH TRANSIENT GUEST TAX MONIES MAY BE SPENT; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of sub-paragraph (d) of KSA 1986 Supp. 12-1698 and provide substitute and additional provisions as hereinafter set forth in this ordinance. Such referenced sub-paragraph (d) of 1986 Supp. KSA 12-1698 is applicable to this City but not uniformly applicable to all cities.

SECTION 2. Revenue received by the City from the transient guest tax shall be credited to such fund or funds of the City and shall be expended for such purposes and in such priority as shall be set out by the City in an ordinary ordinance.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case, the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than two-thirds of the members elect voting in favor thereof, this 6th of July, 1987.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett

City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 7/6/87

Published: 7/10/87

7/17/87

Effective: 9/15/87

Entire ordinance repealed by Charter Ordinance No. Seventy

Effective on: 1/1/1901

Charter Ordinance No. Forty-Three (Repealed by Ch. Ord. No. Eighty-Four)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING EXISTING SECTION 2 OF CHARTER ORDINANCE NO. THREE RELATING TO THE APPLICABILITY OF K.S.A. 12-1009 THROUGH 12-1015 TO THE CITY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 2 of Charter Ordinance No. Three of the City of Overland Park be and the same is hereby amended to read as follows:

SECTION 2. The Governing Body and the City Manager shall be governed by the provisions of K.S.A. Section 12-1009 to 12-1013, both sections inclusive, and K.S.A. 12-1015, and any amendments thereto, in the organization and administration of the City.

*SECTION 2. The City Manager shall be responsible for the administration of all of the affairs of the City. He or she shall see that the laws and ordinances are enforced. The City Manager shall have the authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove all heads of departments, and all subordinate officers and employees of the City. All such appointments shall be made upon merit and fitness alone. Provided that, such authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove subordinate officers and employees of the City may be delegated to department heads by the City Manager at his or her discretion. In addition, he or she may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. He or she shall prepare and submit the annual budget to the Governing Body and also keep the City fully advised as to the financial conditions and needs of the City. He or she may make recommendations to the Governing Body on all matters concerning the welfare of the City and shall have a seat, but no vote, in all of the public meetings of the Governing Body.

**SECTION 3. Notwithstanding the provisions of Section 2, above, the City shall have a Civil Service Commission and such Civil Service Commission shall determine the merit and fitness of any and every person appointed to any position within the jurisdiction of the Civil Service Commission, as established by ordinances of the City. No officer or employee who is under the Civil Service shall be discharged or removed from the office or position of employment he or she holds at the time of such adoption except for cause and then only in the manner prescribed by the Civil Service ordinance or rules in force at the time such removal or discharge is sought.

SECTION 4. Existing Section 2 of Charter Ordinance No. Three is hereby repealed.

SECTION 5. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 6. This is a Charter Ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the governing body not less than two-thirds of the members elect voting in favor thereof the 15th day of June, 1987.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 6/15/87

Published: 6/19/87

6/25/87

Effective: 8/25/87

*Section 2 is repealed by Charter Ordinance No. Sixty-Eight

**Section 3 is repealed by Charter Ordinance No. Seventy-Three

Entire ordinance repealed by Charter Ordinance No. Eighty-Four.

Effective on: 1/1/1901

Charter Ordinance No. Forty-Four (Section 2 Amended by Ch. Ord. No. Sixty; Repealed by Ch. Ord. No.)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF KSA 12-4202 (1986 SUPP.), 12-4203 (1982), 12-4204 (1982), 12-4205 (1986 SUPP.), AND 12-4207 (1982),AND ANY AMENDMENTS THERETO, WHICH RELATE TO THE FILING AND SERVICE OF COMPLAINTS AND NOTICES TO APPEAR; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; REPEALING CITY OF OVERLAND PARK CHARTER ORDINANCE NO. THIRTY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby elects to exempt itself and make inapplicable to it the provisions of KSA 12-4202 (1986 Supp.), 12-4203 (1982), 12-4204 (1982), 12-4205 (1986 Supp.) and 12-4207 (1982) and any amendments thereto. Such referenced provisions are part of the Kansas Code of Procedure for Municipal Courts, an enactment of the legislature which is applicable to the City of Overland Park but not uniformly applicable to all cities.

*SECTION 2. "City officer" shall mean City Attorney, City Prosecutor, Assistant City Attorney, Fire Chief, Chief of Fire Prevention, Fire Inspector, Battalion Chief, Environmental Health Officer, Code Inspector, Public Officer, Building Inspector, Plans Examiner, Codes Administrator, Systems Inspector, Building Official, Animal Control Officer, Animal Control Supervisor, Parking Control Officer, or Code Enforcement Officer. Said officers shall have the authority to investigate violations of City ordinances, order compliance and issue complaints and notices to appear.

SECTION 3. Complaint; requirements form.

A Complaint shall be in writing and shall be signed by the complainant. More than one violation may be charged in the same complaint. A complaint shall be deemed sufficient if in substantially the form of complaint set forth in Section 4 herein or in substantially the following form:

The foregoing provisions notwithstanding, and notwithstanding the provisions of Kansas Statutes Annotated 12-4113(g) (1986 Supp.), or any amendments thereto, whenever a law enforcement officer or city officer issues a complaint for the violation of any City ordinance, and such complaint includes information required by law and is signed by the officer preparing the same, then such complaint shall be deemed lawful for purposes of prosecution under this Act even though the same has not been sworn to before a Municipal Judge, Court Clerk, Assistant Court Clerk, or Notary Public.

SECTION 4. In all cases a complaint and notice to appear may be made in the form of the "Uniform Complaint and Notice to Appear" which shall be deemed sufficient if in substantially the following form:

(This complaint is not required to be sworn to if it is signed by a law enforcement officer or city officer.)

SECTION 5. Notice to appear; contents; form.

A notice to appear shall describe the offense charged, shall summon the accused person to appear, shall contain a space in which the accused person may agree, in writing, to appear at a time not less than five (5) days after such notice to appear is given, unless the accused person shall demand an earlier hearing. A notice to appear may be signed by a municipal judge, the clerk of the municipal court, or any law enforcement officer or city officer of the city.

A notice to appear shall be deemed sufficient if in substantially the form of the notice to appear set out below:

SECTION 6. Same; service; return.

The notice to appear shall be served upon the accused person by delivering a copy to him or her personally, or by leaving it at the dwelling house of the accused person or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the last known address of said person. A notice to appear may be served by any law enforcement officer or city officer and, if mailed, shall be mailed by a law enforcement officer, city officer, or the clerk of the municipal court. Upon service by mail, the law enforcement officer or City officer shall execute a verification to be filed with a copy of the notice to appear. Said verification shall be deemed sufficient if in substantially the following form:

The undersigned hereby certifies that on the ________ day

of __________________, 19__ a copy of notice to appear

was mailed to __________________________________ at

_________________ _______________ ________________

_______________________________

Signature of Law Enforcement Officer,

or Clerk of Municipal Court or

City Officer

SECTION 7. Same; how used; issuance of warrant; refusal to issue; effect.

A copy of the complaint shall be served, together with a notice to appear or a warrant, by a law enforcement officer or city officer upon the accused person, and forthwith, the complaint shall be filed with the municipal court. Provided further that the complaint need not be sworn to at the time of service but where required must be sworn to before filing the same with the municipal court. A complaint may be filed initially with the municipal court, and if so filed, a copy of the complaint shall forthwith be delivered to the City Attorney. The City Attorney shall cause a notice to appear to be issued, unless he or she has good reason to believe that the accused person will not appear in response to a notice to appear, in which case the City Attorney may request that a warrant be issued. Such warrant will be issued if the complaint is positively sworn to and the municipal judge has probable cause to believe that (a) there has been the commission of a violation of a municipal ordinance, (b) the accused person committed such violation and (c) the accused person will not appear in response to a notice to appear.

If a City Attorney fails either to cause a notice to appear or to request a warrant to be issued, on a complaint initially filed with the municipal court, the municipal judge may, upon affidavits filed with him or her alleging the violation of an ordinance, order the City Attorney to institute proceedings against any person. Any such municipal judge shall be disqualified from sitting in any case wherein such order was entered and is further prohibited from communicating about such case with the municipal judge pro tem appointed by the municipal judge to preside therein.

SECTION 8. Charter Ordinance No. Thirty is hereby repealed.

SECTION 9. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 10. This is a Charter Ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the governing body not less than two-thirds of the members elect voting in favor thereof the 19th day of October, 1987.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Karen Arnold-Burger

Assistant City Attorney

Passed: 10/19/87

Published: 10/23/87

10/30/87

Effective: 12/30/87

*Section 2 is repealed by Charter Ordinance No. Sixty

Entire ordinance repealed by Charter Ordinance No. Ninety-Three

Effective on: 1/1/1901

Charter Ordinance No. Forty-Five (Repealed by Ch. Ord. No. Ninety)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK FROM K.S.A. 1991 SUPP. 64-101 WHICH RELATES TO THE QUALIFICATIONS AND METHOD OF DESIGNATING OFFICIAL CITY NEWSPAPERS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NO. FIFTEEN OF THE CITY OF OVERLAND PARK, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 1991 Supp. 64-101 which relates to the qualifications and method of designating official City newspapers and hereby provides substitute and additional provisions as set forth herein. Such referenced statute, K.S.A. 1991 Supp. 64-101 is applicable to this City but is not uniformly applicable to all cities.

SECTION 2. No legal notices, advertisements, or publications of any kind required or provided by any of the laws of Kansas or the City of Overland Park, Kansas, to be published in a newspaper shall have any force or effect unless the same be published in an official City newspaper.

SECTION 3. The Governing Body shall designate by resolution a newspaper or newspapers as the official City newspaper or newspapers for publication of legal notices, advertisements, or publications of any kind which may be required or provided by the laws of the state of Kansas or the City of Overland Park, Kansas, to be published in a newspaper.

SECTION 4. Any newspaper designated as an official City newspaper must meet the following qualifications:

1. a.
   It must be published at least weekly fifty (50) times a year and have been so published for at least five (5) years prior to publication of any official publication; and
2. b.
   It shall have a general circulation on a daily or weekly basis in Johnson County, Kansas, and shall not be a trade, religious or fraternal publication; and
3. c.
   It must be printed in the state of Kansas and published in Johnson County, Kansas.

SECTION 5. In the event more than one newspaper at a given time is designated as an official City newspaper, any action requiring publication in an official City newspaper shall designate by name the official City newspaper which is to provide such publication. Publication in such newspaper shall constitute official publication.

SECTION 6. Nothing in this Charter Ordinance shall invalidate the publication in any newspaper which at the time of publication had been designated as an official City newspaper.

SECTION 7. Charter Ordinance No. Fifteen is hereby repealed.

SECTION 8. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case, the ordinance shall become effective if approved by a majority of the electors voting thereon.

SECTION 9. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than two-thirds of the members elect voting in favor thereof, this 23rd day of September, 1991.

Ed Eilert, Mayor

ATTEST:

Kristy Cannon, Acting City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 9/23/91

Published: 9/27/91

10/4/91

Effective: 12/4/91

Entire ordinance repealed by Charter Ordinance No. Ninety.

Effective on: 1/1/1901

Charter Ordinance No. Forty-Six (Repealed by Ch. Ord. No. Seventy)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF SUB-PARAGRAPH (a) OF KSA 12-1697, WHICH RELATE TO THE LEVY OF A TRANSIENT GUEST TAX, TO THE MAXIMUM RATE THEREOF, AND TO THE PURPOSES FOR WHICH SUCH TRANSIENT GUEST TAX MONIES MAY BE SPENT; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS; REPEALING CHARTER ORDINANCE NO. THIRTY-NINE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of sub-paragraph (a) of KSA 12-1697 relating to the levy of a transient guest tax, to the maximum rate thereof, and to the purposes for which such transient guest tax monies may be spent. Such referenced sub-paragraph (a) of KSA 12-1697 is applicable to this City but not uniformly applicable to all cities.

SECTION 2. In order to provide revenues to promote tourism and conventions, the Governing Body of the City of Overland Park, Kansas, is hereby authorized to levy a transient guest tax at not to exceed the rate of five percent (5%) upon the gross receipts derived from or paid by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel or tourist court; provided however, transient guest tax reserve fund revenues may be used, upon annual review and approval of the Governing Body, to fund economic development activities and the amount which may be expended from said reserve fund may not annually exceed $50,000. The percentage of such tax shall be determined by the Governing Body and shall be specified in the resolution authorizing the same.

SECTION 3. Charter Ordinance No. Thirty-Nine is hereby repealed.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 5. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case, the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than two-thirds of the members elect voting in favor thereof, this 6th day of June, 1988.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk/Finance Director

John S. Anderson, Assistant City Attorney

Passed: 6/6/88

Published: 6/10/88

6/17/88

Effective: 8/17/88

Entire ordinance repealed by Charter Ordinance No. Seventy

Effective on: 1/1/1901

Charter Ordinance No. Forty-Seven (Repealed by Ch. Ord. No. Seventy-Seven)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING EXISTING SECTION 3 OF CHARTER ORDINANCE NO. 34 RELATING TO THE DATES FOR ADJUSTING WARD BOUNDARIES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 3 of Charter Ordinance No. 34 of the City of Overland Park, Kansas, be and the same is hereby amended to read as follows:

SECTION 3. WARDS.

The City shall be divided into five wards to be numbered one through five. Dividing lines between wards shall follow precinct boundaries. The Governing Body of the City shall, by ordinance, adjust the ward boundaries to reflect approximately equal population effective in December of 1990 and shall do so again effective in December of 1992. The Governing Body of the City may likewise adjust ward boundaries effective in December every two years thereafter but shall adjust these boundaries effective in December every four years thereafter.

SECTION 2. Existing Section 3 of Charter Ordinance No. 34 is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the governing body not less than twothirds of the members elect voting in favor thereof the 20th day of November, 1989.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 11/20/89

Published: 11/22/89

11/29/89

Effective: 1/29/90

Entire ordinance repealed by Charter Ordinance No. Seventy-Seven

Effective on: 1/1/1901

Charter Ordinance No. Forty-Eight (Repealed by Ch. Ord. No. Fifty-One)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4106, 12-4509, AND 12-4511 WHICH RELATE TO THE SENTENCING POWERS OF MUNICIPAL COURT JUDGES AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-4106, 12-4509 and 12-4511 relating to the sentencing powers of municipal court judges and hereby provides substitute and additional provisions as set forth herein. Such referenced statutes are applicable to this City but not uniformly applicable to all cities.

SECTION 2. Municipal judges; powers and duties.

The municipal judge shall have the power to administer oaths and enforce due obedience to all orders, rules and judgments made by him or her, and may fine or imprison for contempt committed in court or for failure to obey process issued by him or her, in the same manner and to the same extent as the district court.

The municipal judge shall have the power to hear and determine all cases properly brought before him or her, to grant continuances, to sentence those found guilty to a fine or confinement in jail, or both, to commit accused persons to jail in default of bond, to determine applications for parole, to release on probation, to grant time in which a fine may be paid, to correct a sentence, to suspend imposition of a sentence, to set aside a judgment, to permit time for post trial motions and to discharge accused persons.

The municipal judge shall maintain a docket in which he or she shall enter every cause commenced before him or her. Said docket shall contain the names of the accused persons and complainant, the nature or character of the offense, the date of trial, the names of all witnesses sworn and examined, the finding of the court, the judgment and sentence, the date of payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in each case.

All of the above-listed powers and duties of municipal judges may be modified, restricted, or expanded by ordinances duly enacted by the Governing Body.

SECTION 3. Sentencing.

1. a.
   Whenever an accused person is found guilty of the violation of an ordinance, the municipal judge may:

   1. 1.
      Release the accused person without imposition of sentence; or
   2. 2.
      Release the accused person on probation after the imposition of sentence without imprisonment or the payment of a fine or a portion thereof, subject to conditions imposed by the court; or
   3. 3.
      Impose such sentence of fine, imprisonment, or both, as may be authorized for the ordinance violation.
2. b.
   Whenever an accused person is found guilty of the violation of an ordinance and there is evidence that the act constituting the violation of the ordinance was substantially related to the possession, use or ingestion of a cereal malt beverage or an alcoholic beverage by such person, the judge may:

   1. 1.
      Order any of the dispositions authorized by subsection (a); or
   2. 2.
      Order such person to attend and satisfactorily complete a suitable educational or training program directed to the effects of alcohol or other chemical substances when ingested by humans; or
   3. 3.
      Any appropriate combination of paragraphs (1) and (2) of this subsection.

All sentencing options set forth herein and the power of the municipal court judges to implement such sentencing options may be modified, restricted or expanded by ordinances duly enacted by the Governing Body.

SECTION 4. Parole.

The municipal judge may parole any person confined to jail as a result of a conviction of a violation of a city ordinance. The judge may set such conditions and restrictions as he or she sees fit to impose for a term not exceeding one year and may at any time discharge such person for good cause shown.

After notice and hearing, the municipal judge may terminate such parole for violation of conditions by directing the chief of police to execute the sentence and again confine the accused person to jail for the time specified by the court, which shall not exceed the initial sentence imposed, less the time served.

The municipal court judges' authority pursuant to this section may be modified, restricted or expanded by ordinances duly enacted by the Governing Body.

SECTION 5. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 6. This is a Charter Ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 22nd day of January, 1990.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 1/22/90

Published: 1/24/90

1/31/90

Effective: 4/2/90

Entire ordinance repealed by Charter Ordinance No. Fifty-One

Effective on: 1/1/1901

Charter Ordinance No. Forty-Nine (Repealed by Ch. Ord. No. Seventy-Six Effective 4/7/2003)

(Note: All or parts of this charter ordinance have been repealed effective April 7, 2001. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING EXISTING SECTION 1 OF CHARTER ORDINANCE NO. 40 RELATING TO VACANCIES IN THE OFFICE OF MAYOR AND COUNCILMEMBER AND PROVIDING A METHOD FOR FILLING SUCH VACANCIES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 1 of Charter Ordinance No. 40 of the City of Overland Park, Kansas, be and the same is hereby amended to read as follows:

Section 1. Section 9 of Charter Ordinance No. 34 of the City of Overland Park, Kansas, be and the same is hereby amended to read as follows:

SECTION 9. FILLING VACANCY IN OFFICE OF MAYOR AND COUNCILMEMBER.

(a) The Mayor and Councilmembers shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the office of Mayor, the president of the Council, upon being qualified, shall become Mayor and shall serve in such office until the next regular City election and a successor has been duly elected and qualified. If the Mayor who vacated the office had a term which would not expire at such regular City election, then the successor elected at such regular City election is elected to serve such unexpired term.

(b) When the president of the Council becomes Mayor, there shall be a vacancy of such Councilmember's office on the City Council. Whenever a vacancy exists for any reason in the office of Councilmember, the precinct committee people who represent the precincts located within the ward which the vacating Councilmember represented, and who were elected by the political party of the vacating Councilmember, shall recommend a replacement to the Council within 30 days from the date the vacancy is declared to have occurred by the remaining members of the Council. The remaining members of the Council shall so declare a vacancy to have occurred at the first regular Council meeting following the date of occurrence of the vacancy. Such recommendation shall be communicated to the Council by the party's City chairman or County chairman. Upon receipt of such recommendation, the Council by majority vote of the remaining members thereof may either appoint such recommended replacement or may reject such recommended replacement. Should the remaining members of the Council reject such recommended replacement, the precinct committee people shall recommend another person for Council consideration within fifteen (15) days of such rejection, and shall continue to make such timely recommendations successively until the remaining members of the Council have appointed a replacement. The remaining members of the Council shall act upon each successive recommendation by no later than the second regularly scheduled Council meeting following the Council meeting at which such recommendation was received.

(c) Should the precinct committee people fail to make such timely initial recommendation to the Council, or fail to make any such timely recommendation to the Council of another person when the Council has rejected the previously recommended person, the remaining member or members of the Council who are members of the same political party as the vacating Councilmember, or if none of the remaining members of the Council are members of the same political party as the vacating Councilmember, the Mayor shall recommend a replacement to the Council within fifteen (15) days of the previous Council rejection. Such recommended replacement, if made by the Mayor, shall be a member of the same political party as the vacating Councilmember. Upon receipt of such recommendation, the Council by majority vote of the remaining members thereof may appoint such recommended replacement or may reject such recommended replacement. Should the remaining members of the Council reject such recommended replacement, the remaining members of the Council of the same party as the vacating member, or the Mayor, as applicable, shall recommend another person for Council consideration within fifteen (15) days of such rejection and shall continue to make such timely recommendations successively until the remaining members of the Council have appointed a replacement. The remaining members of the Council shall act upon each successive recommendation by no later than the second regularly scheduled Council meeting following the Council meeting at which such recommendation was received.

(d) If such vacancy occurs before January 1 of an odd-numbered year leaving an unexpired term of more than two (2) years from said January 1, such appointed replacement shall serve in such position until an election is held at the same time as the next regular City primary and general election. Such election shall be held for the purpose of electing a replacement to serve in such position for the remainder of the unexpired term. Such election shall be held in the same manner as if the term were expiring and the term of the appointed member, if any, shall end upon election of a member for the unexpired term. In all other cases, the appointed replacement shall serve the remainder of the unexpired term.

(e) Should the remaining members of the Council of the same party as the vacating member, or should the Mayor, as applicable, fail to make such timely initial recommendation to the Council, or fail to make any such timely recommendation to the Council of another person when the Council has rejected the previously recommended person, and should such failure to timely recommend or to recommend another person occur more than 180 days prior to the filing deadline for the next regular City election, the Election Commissioner of Johnson County shall be so notified by the City Clerk and shall call a special City ward election, at City expense, for the purpose of filling the vacancy with a replacement from the same political party as the vacating Councilmember. The special City ward election shall be held on a Tuesday not sooner than 90 days and not later than 120 days following such notification by the City Clerk. Such special City ward election otherwise shall be governed, to the extent possible, by the election laws contained in Kansas statutes and charter ordinances of the City. The winner at such special City ward election shall fill the vacated position until the next regular City election and until a successor has been duly elected and qualified. If the Councilmember who vacated the office had a term which would not expire at such regular City election, then the successor elected at such regular City election is elected to serve such unexpired term.

(f) In the event the Councilmember who vacates his office is an independent who belongs to no organized political party, the vacancy shall be filled by a majority vote of the remaining Councilmembers and thereafter such person shall serve in such office until the next regular City election and a successor has been duly elected and qualified. If the Councilmember who vacated the office had a term which would not expire at such regular City election, then the successor elected at such regular City election is elected to serve such unexpired term.

SECTION 2. Existing Section 1 of Charter Ordinance No. Forty is hereby repealed.

SECTION 3. It is hereby declared to be the intention of the governing body that the sections, subsections, paragraphs, sentences, clauses and phrases of this charter ordinance are severable, and if any phrase, clause, sentence, paragraph, subsection or section of this charter ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, subsections and sections of this charter ordinance, since the same would have been enacted by the governing body without the incorporation into this charter ordinance of any unconstitutional or otherwise invalid phrase, clause, sentence, paragraph, subsection or section.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 5. This is a Charter Ordinance and shall take effect sixtyone days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective if and when approved by a majority of the electors voting thereon.

PASSED by the governing body not less than twothirds of the members elect voting in favor thereof the 26th day of March, 1990.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

John S. Anderson

Assistant City Attorney

Passed: 3/26/90

Published: 3/28/90

4/4/90

Effective: 6/4/90

Entire ordinance repealed by Charter Ordinance No. Seventy-Six effective April 7, 2003.

Effective on: 1/1/1901

Charter Ordinance No. Fifty (Retired by Committee Action)

(Retired by committee action)

Effective on: 1/1/1901

Charter Ordinance No. Fifty-One (Section 2 Repealed by Ch. Ord. No. Sixty-One; Repealed by Ch. Ord.)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 1989 SUPP. 12-4106; K.S.A. 1989 SUPP. 12-4509; AND K.S.A. 12-4511 WHICH RELATE TO THE SENTENCING POWERS OF MUNICIPAL COURT JUDGES AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; REPEALING CITY OF OVERLAND PARK CHARTER ORDINANCE NO. FORTY-EIGHT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 1989 Supp. 12-4106; K.S.A. 1989 Supp. 12-4509; and K.S.A. 12-4511 relating to the sentencing powers of municipal court judges and hereby provides substitute and additional provisions as set forth herein. Such referenced statutes are applicable to this City but not uniformly applicable to all cities.

*SECTION 2. Municipal judges; powers and duties.

1. a.
   The municipal judge shall have the power to administer oaths and enforce due obedience to all orders, rules and judgments made by him or her, and may fine or imprison for contempt committed in court or for failure to obey process issued by him or her, in the same manner and to the same extent as the district court.
2. b.
   The municipal judge shall have the power to hear and determine all cases properly brought before him or her, to grant continuances, to sentence those found guilty to a fine or confinement in jail, or both, to commit accused persons to jail in default of bond, to determine applications for parole, to release on probation, to grant time in which a fine may be paid, to correct a sentence, to suspend imposition of a sentence, to set aside a judgment, to permit time for post trial motions and to discharge accused persons.
3. c.
   The municipal judge shall promptly make such reports and furnish the information requested by any departmental justice or the judicial administrator, in the manner and form prescribed by the supreme court.
4. d.
   The municipal judge shall maintain a docket in which he or she shall enter every cause commenced before him or her. Said docket shall contain the names of the accused persons and complainant, the nature or character of the offense, the date of trial, the names of all witnesses sworn and examined, the finding of the court, the judgment and sentence, the date of payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in each case.
5. e.
   All of the above-listed powers and duties of municipal judges, except those powers and duties set forth in subsection (c), may be modified, restricted, or expanded by ordinances duly enacted by the Governing Body.

SECTION 3. Sentencing.

1. a.
   Whenever an accused person is found guilty of the violation of an ordinance, the municipal judge may:

   1. 1.
      Release the accused person without imposition of sentence; or
   2. 2.
      Release the accused person on probation after the imposition of sentence without imprisonment or the payment of a fine or a portion thereof, subject to conditions imposed by the court; or
   3. 3.
      Impose such sentence of fine, imprisonment, or both, as may be authorized for the ordinance violation.
2. b.
   In addition to or in lieu of any other sentence authorized by law, whenever a person is found guilty of the violation of an ordinance and there is evidence that the act constituting the violation of the ordinance was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the judge may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the administrative judge of the judicial district or licensed by the secretary of social and rehabilitation services.
3. c.
   Except as provided in subsection (d), in addition to or in lieu of any other sentence authorized by law, whenever a person is convicted of having violated, while under 21 years of age, an ordinance prohibiting an act prohibited by the uniform controlled substances act (K.S.A. 65-4101 et seq. and amendments thereto) or K.S.A. 41-719, 41-727, 41-804, 41-2719, 41-2720, 65-4152, 65-4153, 65-4154 or 65-4155, and amendments thereto, the municipal judge shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee not to exceed the fee established by the statute for such evaluation. If the judge finds that the person is indigent, the fee may be waived.
4. d.
   If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (c) are permissive and not mandatory.
5. e.
   All sentencing options set forth herein and the power of the municipal court judges to implement such sentencing options may be modified, restricted or expanded by ordinances duly enacted by the Governing Body.

SECTION 4. Parole.

The municipal judge may parole any person confined to jail as a result of a conviction of a violation of a city ordinance. The judge may set such conditions and restrictions as he or she sees fit to impose for a term not exceeding one year and may at any time discharge such person for good cause shown.

After notice and hearing, the municipal judge may terminate such parole for violation of conditions by directing the chief of police to execute the sentence and again confine the accused person to jail for the time specified by the court, which shall not exceed the initial sentence imposed, less the time served.

The municipal court judges' authority pursuant to this section may be modified, restricted or expanded by ordinances duly enacted by the Governing Body.

SECTION 5. Charter Ordinance No. Forty-Eight is hereby repealed.

SECTION 6. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 7. This is a Charter Ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 19th day of March, 1990.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 3/19/90

Published: 3/21/90

3/28/90

Effective: 5/28/90

*Section 2 is repealed by Charter Ordinance No. Sixty-One

Entire ordinance repealed by Charter Ordinance No. Sixty-Six

Effective on: 1/1/1901

Charter Ordinance No. Fifty-Two

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-1036g. RELATING TO APPLICATION OF CERTAIN LAWS TO THE CITY AND RELATING TO APPOINTMENT OF VARIOUS CITY OFFICIALS; K.S.A. 1989 SUPP. 12-4105 RELATING TO MUNICIPAL COURT JUDGES, APPOINTMENT, QUALIFICATIONS AND COMPENSATION; K.S.A. 12-4107 RELATING TO MUNICIPAL COURT JUDGES, ABSENCE, VACANCY AND JUDGE PRO TEMPORE; K.S.A. 12-4109 RELATING TO MUNICIPAL COURT, COURTROOM SUPPLIES, SESSIONS, RECORDS, TIME AND PLACE; AND K.S.A. 13-628a. RELATING TO MUNICIPAL COURT JUDGES; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SUBJECT OF THE APPOINTMENT AND TERMS OF MUNICIPAL COURT JUDGES; AND REPEALING CHARTER ORDINANCE NO. THREE AND CHARTER ORDINANCE NO. THREE,A.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1036g. relating to application of certain laws to the City and relating to appointment of various city officials; K.S.A. 1989 Supp. 12-4105 relating to the Municipal Court Judges, appointment, qualifications and compensation; K.S.A. 12-4107 relating to Municipal Court Judges, absence, vacancy and judge pro tempore; K.S.A. 12-4109 relating to municipal court, courtroom supplies, sessions, records, time and place; and K.S.A. 13-628a. relating to Municipal Court Judges, and hereby provides substitute and additional provisions as set forth herein. Such referenced statutes are applicable to this City but not uniformly applicable to all cities.

SECTION 2. The Governing Body shall provide by ordinance or resolution for the appointment and terms of Municipal Court Judges.

SECTION 3. Charter Ordinance Nos. Three and Three,A are hereby repealed.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 5. This is a Charter Ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 24th day of September, 1990.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

John S. Anderson

Assistant City Attorney

Passed: 9/24/90

Published: 9/26/90

10/3/90

Effective: 12/3/90

Effective on: 1/1/1901

Charter Ordinance No. Fifty-Three

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-1024a, WHICH RELATE TO GENERAL

IMPROVEMENTS AND ACQUIRING LAND THEREFOR; BORROWING MONEY AND ISSUING BONDS THEREFOR; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 13-1024a relating to general improvements and acquiring land therefor, borrowing money and issuing bonds therefor, and hereby provides substitute and additional provisions as set forth herein. Such referenced K.S.A. 13-1024a is applicable to this City but not uniformly applicable to all cities.

SECTION 2. General improvements and land therefor; borrowing money and bond issues.

For the purpose of paying for any bridge, viaduct, public building or facility, including the land necessary therefor, for lands for public parks and public golf courses and developing the same, within or without the City, or for the improvement, repair or extension of any waterworks, sewage disposal plant, electric light plant, or other public utility plant owned by the city, and for the purpose of rebuilding, adding to or extending to the same from time to time, as the necessities of the city may require, the city may borrow money and issue its bonds for the same.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case, the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than twothirds of the members elect voting in favor thereof, this 7th day of January, 1991.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett

City Clerk/Finance Director

APPROVED AS TO FORM:

Jane Neff-Brain

Assistant City Attorney

Passed: 1/7/91

Published: 1/9/91

1/16/91

Effective: 3/18/91

Effective on: 1/1/1901

Charter Ordinance No. Fifty-Four (Repealed by Ch. Ord. No. 77)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING EXISTING SECTION 2 OF CHARTER ORDINANCE NO. 34 RELATING TO MEMBERS; PRESIDENT OF COUNCIL; POWERS AND DUTIES AND VOTING OF THE GOVERNING BODY; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1.

Section 2 of Charter Ordinance No. 34 of the City of Overland Park, Kansas, is hereby amended to read as follows:

SECTION 2. MEMBERS-PRESIDENT OF COUNCIL-POWERS AND DUTIES AND VOTING OF THE GOVERNING BODY.

The Governing Body shall consist of a Mayor elected by the City as a whole and ten Councilmembers elected by wards as hereinafter provided. Qualifications, oaths and bonds of the Mayor and Councilmembers shall be as provided in the general laws establishing and relating to the Mayor-Council form in cities of the first class. On the second Monday after the first Tuesday in the month of April of each year, the Council shall elect by six affirmative votes cast by signed written ballot, provided that abstentions and blanks shall not be counted as votes cast, one of its members as president of the Council who, in the absence or disability of the Mayor shall become acting Mayor; Provided, that such Councilmember shall retain all his voting rights and other prerogatives as Councilmember while acting as Mayor. All powers now exercised by cities of the first class which are not inconsistent with this charter ordinance, or which shall hereafter be conferred upon them shall be exercised by the Governing Body herein provided. Any ordinance shall be passed by an affirmative vote of six Councilmembers, excluding abstentions, unless a greater number of votes are specifically required by another provision of law, and where the number of affirmative votes is one less than required, the Mayor shall have the power to cast the deciding vote in favor of the ordinance. Any resolution, motion or any other action of the Governing Body except charter ordinances, upon which the Mayor's vote shall be counted on every occasion, shall be passed at a meeting at which a quorum is present if more than half of the votes cast by Councilmembers are affirmative votes, provided that abstentions shall not be counted as votes cast, and where the number of affirmative votes is one less than required, the Mayor shall have the power to cast the deciding vote in favor of the resolution, motion or other action.

SECTION 2. Existing Section 2 of Charter Ordinance No. 34 is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the governing body not less than two-thirds of the members elect voting in favor thereof the 4th day of March, 1991.

Ed Eilert, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

John S. Anderson

Assistant City Attorney

Passed: 3/4/91

Published: 3/6/91

3/13/91

Effective: 5/13/91

Entire ordinance repealed by Charter Ordinance No. Seventy-Seven

Effective on: 1/1/1901

Charter Ordinance No. Fifty-Seven (Repealed by Ch. Ord. No. Ninety-Nine)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF SUB-PARAGRAPH (e) OF SECTION 2, CHAPTER 114, 1992 SESSION LAWS OF KANSAS WHICH WILL BE CODIFIED AT SUB-PARAGRAPH (e) OF K.S.A. 1992 SUPP. 12-1696, AND WHICH IS THE DEFINITION OF CONVENTION AND TOURISM PROMOTION AND RELATES TO THE EXPENDITURES OF TRANSIENT GUEST TAX REVENUES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of sub-paragraph (e) of Section 2, Chapter 114, 1992 Session Laws of Kansas which will be codified at sub-paragraph (e) of K.S.A. 1992 Supp. 12-1696 and which is the definition of "convention and tourism promotion" and relates to the expenditure of transient guest tax revenues. Such referenced sub-paragraph (e) of Section 2, Chapter 114, 1992 Session Laws of Kansas which will be codified at sub-paragraph (e) of K.S.A. 1992 Supp. 12-1696 is applicable to this City but not uniformly applicable to all cities.

SECTION 2. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 3. This is a Charter Ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the governing body not less than two-thirds of the members elect voting in favor thereof the 6th day of July, 1992.

Ed Eilert, Mayor

ATTEST:

Norma Moffet, City Clerk

APPROVED AS TO FORM:

John S. Anderson

Assistant City Attorney

Passed: 7/6/92

Published: 7/10/92

7/17/92

Effective: 9/16/92

(History: Charter Ord. No. 99 §10, 2020)

Effective on: 1/1/1901

Charter Ordinance No. Fifty-Eight

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF THE SECOND SENTENCE OF THE SECOND PARAGRAPH OF K.S.A. 12-189 AS AMENDED BY SECTION NO. 2 OF CHAPTER 251 OF THE 1992 SESSION LAWS OF KANSAS, AND FROM THE PROVISIONS OF THE FIRST SENTENCE OF K.S.A. 12-191; RELATING GENERALLY TO THE COUNTYWIDE AND CITY RETAILERS' SALES TAX; RELATING TO THE APPLICATION OF SUCH TAX TO CERTAIN SALES; RELATING TO THE EXEMPTION OF CERTAIN SALES FROM THE APPLICATION OF SUCH TAX; AND PROVIDING SUBSTITUTE PROVISIONS THEREFOR AND AN ADDITIONAL PROVISION EFFECTIVE JANUARY 1, 1993, EXEMPTING GROSS RECEIPTS RECEIVED FROM THE SERVICE OF INSTALLING OR APPLYING TANGIBLE PERSONAL PROPERTY IN CONNECTION WITH THE ORIGINAL CONSTRUCTION OF A BUILDING OR FACILITY OR THE CONSTRUCTION, RECONSTRUCTION, RESTORATION, REPLACEMENT OR REPAIR OF A BRIDGE OR HIGHWAY FROM IMPOSITION OF THE CITY OF OVERLAND PARK'S CITY-WIDE RETAILERS' SALES TAX.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS;

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of the second sentence of the second paragraph of K.S.A. 12-189 as amended by Section No. 2 of Chapter 251 of the 1992 Session Laws of Kansas, which sentence reads as follows:

Except as otherwise specifically provided in K.S.A. 12-189a, and amendments thereto, such tax shall be identical in its application, and exemptions therefrom, to the Kansas retailers' sales tax act and all laws and administrative rules and regulations of the state department of revenue relating to the Kansas retailers' sales tax shall apply to such local sales tax insofar as such laws and rules and regulations may be made applicable.

Such referenced provisions are either enactments or a part thereof which are applicable to this city but are not uniformly applicable to all cities.

SECTION 2. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions for those provisions exempted from in SECTION 1, above:

Such tax shall be identical in its application, and exemptions therefrom, to the Kansas retailers' sales tax act and all laws and administrative rules and regulations of the state department of revenue relating to the Kansas retailers' sales tax shall apply to Overland Park's city-wide retailers' sales tax insofar as such laws and rules and regulations may be made applicable, except as otherwise specifically provided in K.S.A. 12-189a, and amendments thereto, and except that, effective January 1, 1993, the City of Overland Park's city-wide retailers' sales tax shall not be imposed upon gross receipts received from the service of installing or applying tangible personal property in connection with the original construction of a building or facility or the construction, reconstruction, restoration, replacement or repair of a bridge or highway.

SECTION 3. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of the first sentence of K.S.A. 12-191, which sentence reads as follows:

All retail transactions consummated within a county or city having a retail sales tax, which transactions are subject to the Kansas retailers' sales tax, shall also be subject to such county or city retail sales tax, except as otherwise expressly provided in K.S.A. 12-190, and amendments thereto.

Such referenced provisions are either enactments or a part thereof which are applicable to this city but are not uniformly applicable to all cities.

SECTION 4. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions for those provisions exempted from in SECTION 3, above:

All retail transactions consummated within the City of Overland Park, Kansas, which transactions are subject to the Kansas retailers' sales tax, shall also be subject to the City of Overland Park's city-wide retailers' sales tax, except that, effective January 1, 1993, the City of Overland Park's city-wide retailers' sales tax shall not be imposed upon gross receipts received from the service of installing or applying tangible personal property in connection with the original construction of a building or facility or the construction, reconstruction, restoration, replacement or repair of a bridge or highway.

SECTION 5. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official city newspaper.

SECTION 6. THIS IS A CHARTER ORDINANCE AND IT SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN SIXTY DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the governing body, not less than two-thirds of the members elect voting in favor thereof the 14th day of September, 1992.

Ed Eilert, Mayor

ATTEST:

Norma Moffet

City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 9/14/92

Published: 9/16/92

9/23/92

Effective: 11/23/92

Entire ordinance repealed by Charter Ordinance No. Sixty-Five

Effective on: 1/1/1901

Charter Ordinance No. Fifty-Nine (Did not take effect)

(Note: This Charter Ordinance did not take effect.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-1737 WHICH RELATES TO THE METHODS OF FINANCING THE ACQUISITION OR CONSTRUCTION OF PUBLIC BUILDINGS AND SITES; ISSUANCE OF BONDS; TAX LEVY; USE OF PROCEEDS; INVESTMENT OF FUND; ISSUANCE OF NO-FUND WARRANTS; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1737 relating to the methods of financing the acquisition or construction of public buildings and sites; issuance of bonds; tax levy; use of proceeds; investment of fund; issuance of no-fund warrants, and hereby provides substitute and additional provisions as set forth herein. Such referenced K.S.A. 12-1737 is applicable to this City but not uniformly applicable to all cities.

SECTION 2. The governing body of the City of Overland Park, Kansas, may, for the purposes hereinbefore authorized and provided:

1. a.
   Receive and expend gifts;
2. b.
   receive and expend grants-in-aid of state or federal funds;
3. c.
   issue bonds of the city;
4. d.
   levy an annual tax upon all taxable tangible property in such city for the purpose of creating a building fund to be used for the purposes herein provided and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774 and amendments thereto;
5. e.
   issue no-fund warrants;
6. f.
   use moneys from the general operating fund or other appropriate budgeted fund when available;
7. g.
   use moneys received from the sale of public buildings or buildings and sites; or
8. h.
   combine any two or more of such methods of financing for the purposes herein authorized.

If bonds are to be issued, they shall be issued in accordance with the provisions of the general bond law.

No levies shall be made for the purpose of creating a building fund under the provisions of this act until a resolution authorizing the making of such levies is adopted by the governing body of the city. Such resolution shall state the specific purpose for which the tax levy is made, the total amount proposed to be raised and the number of years the tax levy shall be made. The resolution shall be published once each week for two consecutive weeks in the official city paper.

The levy authorized by this section shall be in addition to and not limited by any other act authorizing or limiting the tax levies of the city. The building fund may be used for the purposes provided by this act. If there are insufficient moneys in the building fund for expenditures for such purposes, the governing body of the city may issue bonds of the city in the manner provided by the general bond law of the state and in an amount which, together with the amount raised by the tax levy authorized by this act, will not exceed the total amount stated in the resolution creating such fund. The City is hereby authorized to invest any portion of the special building fund which is not currently needed in investments authorized by K.S.A. 12-1675 and amendments thereto in the manner prescribed therein or in direct obligations of the United States government maturing or redeemable at par and accrued interest within three years from date of purchase, the principal and interest whereof is guaranteed by the government of the United States. All interest received on any such investment shall upon receipt thereof be credited to the special building fund.

No-fund warrants issued under the authority of this act shall be issued in the manner and form and bear interest and be redeemed as prescribed by K.S.A. 79-2940 and amendments thereto, except that they may be issued without the approval of the state board of tax appeals and without the notation required by K.S.A. 79-2940 and amendments thereto. The governing body of the city issuing such warrants shall levy a tax for the first tax levying period after such warrants are issued, sufficient to pay such warrants and the interest thereon. All such tax levies shall be in addition to all other levies authorized or limited by law, and none of the tax limitations provided by Article 19 of Chapter 79 of the Kansas Statutes Annotated and amendments thereto shall apply to such levies.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than two-thirds of the members elect voting in favor thereof the 18th day of January, 1993.

Ed Eilert, Mayor

ATTEST:

Norma Moffet, City Clerk

APPROVED AS TO FORM:

Jane Neff-Brain

Senior Assistant City Attorney

Passed: 1/18/93

Published: 1/20/93

1/27/93

This charter ordinance did not take effect.

Effective on: 1/1/1901

Charter Ordinance No. Sixty (Repealed by Ch. Ord. No. Ninety-Three)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING SECTION 2 OF CHARTER ORDINANCE NO. FORTY-FOUR RELATING TO THE DEFINITION OF "CITY OFFICER" AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

WHEREAS, on January 13, 1993, the Public Safety Committee of the Council recommended passage of Charter Ordinance No. Sixty to the Governing Body; and

WHEREAS, on January 18, 1993, the Governing Body passed Charter Ordinance No. Sixty, not less than two-thirds of the members elect voting in favor thereof; and

WHEREAS, on January 20 and January 27, 1993, Charter Ordinance No. Sixty was published in The Overland Park Sun, an official city newspaper; and

WHEREAS, subsequent to its second publication but prior to its effective date it was discovered that the introductory sentence to the quotation in Section 1 of the charter ordinance and the final sentence of the quote in Section 1 of the charter ordinance inadvertently had been omitted; and

WHEREAS, on February 15, 1993, the Governing Body, after proper notice of its intention to do so had been given, voted to rescind its passage of Charter Ordinance No. Sixty in the form that it took on January 18, 1993, not less than two-thirds of the members elect voting in favor thereof.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 2 of Charter Ordinance No. Forty-Four of the City of Overland Park, Kansas, be and the same is hereby amended to read as follows:

Section 2. "City officer" shall mean those individuals designated as a city officer by the City Manager. Said officers shall have the authority to investigate violations of City ordinances, order compliance and issue complaints and notices to appear.

SECTION 2. Existing Section 2 of Charter Ordinance No. Forty-Four is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN

ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 15th day of February, 1993.

Ed Eilert, Mayor

ATTEST:

Norma Moffet, City Clerk

APPROVED AS TO FORM:

Michael R. Santos

Senior Assistant City Attorney

Passed: 2/15/93

Published: 2/17/93

2/24/93

Effective: 4/26/93

Entire ordinance repealed by Charter Ordinance No. Ninety-Three

Effective on: 1/1/1901

Charter Ordinance No. Sixty-One (Repealed by Ch. Ord. No. Sixty-Six)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING SECTION 2 OF CHARTER ORDINANCE NO. FIFTY-ONE PERTAINING TO THE POWERS OF MUNICIPAL COURT JUDGES AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 2 of Charter Ordinance No. Fifty-One of the City of Overland Park, Kansas, be and the same is hereby amended to read as follows:

SECTION 2. Municipal judges; powers and duties.

1. a.
   The municipal judge shall have the power to administer oaths and enforce due obedience to all orders, rules and judgments made by him or her, and may fine or imprison for contempt committed in court or for failure to obey process issued by him or her, in the same manner and to the same extent as the district court
2. b.
   The municipal judge shall have the power to hear and determine all cases properly brought before him or her, to grant continuances, to sentence those found guilty to a fine or confinement in jail, or both, to commit accused persons to jail in default of bond, to determine applications for parole, to release on probation, to grant time in which a fine may be paid, to correct a sentence, to suspend imposition of a sentence, to set aside a judgment, to permit time for post trial motions and to discharge accused persons.
3. c.
   The municipal judge shall promptly make such reports and furnish the information requested by any departmental justice or the judicial administrator, in the manner and form prescribed by the supreme court.
4. d.
   The municipal judge shall maintain a docket in which he or she shall enter every cause commenced before him or her. Said docket shall contain the names of the accused persons and complainant, the nature or character of the offense, the date of trial, the names of all witnesses sworn and examined, the finding of the court, the judgment and sentence, the date of payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in each case.
5. e.
   All of the above-listed powers and duties of municipal judges, except those powers and duties set forth in subsection (c), may be modified, restricted, or expanded by ordinances duly enacted by the Governing Body.
6. f.
   Court services officers.

   1. 1.
      The Administrative Judge of the Municipal Court is authorized to appoint court services officers, in such numbers and for such compensation that is in accordance with the annual budget adopted by the Governing Body. The court services officers shall serve under the direction and control of the Administrative Judge, who shall set the qualifications for appointment to that office consistent with the requirements of law. The Mayor may issue commissions and badges for the court services officers upon the recommendation of the Administrative Judge.
   2. 2.
      The duties of a court services officer shall include enforcing and serving court orders and processes, maintaining public order in the court operations and facilities, protecting the court and its officers in the exercise of their judicial functions, and executing all orders issued or made by lawful authority of the municipal court. A court services officer may, subject to the direction and control of the Administrative Judge as set forth in subsection (f)(1), exercise the power to make an arrest or otherwise take a person into custody, detain or otherwise restrain a person, carry firearms, concealed or otherwise, serve process, or exercise any other lawful power necessary to execute or enforce municipal court orders or perform their duties as specified in this subsection.

SECTION 2. Existing Section 2 of Charter Ordinance No. Fifty-One is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than twothirds of the members elect voting in favor thereof the 1st day of March, 1993.

Ed Eilert, Mayor

ATTEST:

Norma Moffet, City Clerk

APPROVED AS TO FORM:

Michael R. Santos

Senior Assistant City Attorney

Passed: 3/1/93

Published: 3/10/93

3/17/93

Effective: 5/17/93

Entire ordinance repealed by Charter Ordinance No. Sixty-Six

Effective on: 1/1/1901

Charter Ordinance No. Sixty-Two

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS FROM THE PROVISIONS OF K.S.A. 1992 SUPP. 12-4112 RELATING TO ASSESSMENT OF COSTS IN MUNICIPAL COURT AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas by power vested in it by Article 12, Section 5 of the Constitution of the state of Kansas, hereby elects to exempt itself from and make inapplicable to it provisions of K.S.A. 1992 Supp. 12-4112 relating to assessments of costs in Municipal Court and hereby provides substitute and additional provisions as set forth herein. Such referenced statute is applicable to this City but not uniformly applicable to all cities.

SECTION 2. The Governing Body shall provide by ordinance for the assessment of costs and fees in Municipal Court.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two thirds of the members elect voting in favor thereof the 12th day of April, 1993.

Ed Eilert, Mayor

ATTEST:

Norma Moffet, City Clerk

APPROVED AS TO FORM:

John S. Anderson

Senior Assistant City Attorney

Passed: 4/12/93

Published: 4/14/93

4/21/93

Effective: 6/21/93

Effective on: 1/1/1901

Charter Ordinance No. Sixty-Three (Repealed by Ch. Ord. No. Seventy-Two)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS FROM SECTION 12-1036e OF THE KANSAS STATUTES ANNOTATED; PROVIDING SUBSTITUTE PROVISIONS ON THE SALARIES OF THE MAYOR AND CITY COUNCILMEMBERS; AND REPEALING CHARTER ORDINANCE THIRTY-TWO.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. City of Overland Park, Kansas, a Mayor-Council-City Manager city of the first class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it, Section 12-1036e of the Kansas Statutes Annotated, which law applies only to Mayor-Council-City Manager cities of the first class, and to provide substitute provisions as herein provided.

SECTION 2. Commencing January 1, 1995, the salary of each City Councilmember shall be $7,800 per year, payable monthly.

SECTION 3. Commencing January 1, 1995, the City Councilmember who serves as President of the Council shall also receive an additional $1,200 per year, payable monthly while serving in that capacity.

SECTION 4. Commencing January 1, 1995, the salary of the Mayor shall be $15,600 per year, payable monthly.

SECTION 5. The salaries of the Councilmembers, President of the Council and Mayor shall be reviewed at least once every four years.

SECTION 6. Charter Ordinance Thirty-Two is hereby repealed effective January 1, 1995.

SECTION 7. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 8. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members-elect voting in favor thereof the 8th day of August, 1994.

Ed Eilert, Mayor

ATTEST:

Norma Moffet

City Clerk

John S. Anderson

Senior Assistant City Attorney

Passed: 8/8/94

Published: 8/10/94

8/17/94

61 days: 10/17/94

Effective: 1/1/95

Entire ordinance repealed by Charter Ordinance No. Seventy-Two

Effective on: 1/1/1901

Charter Ordinance No. Sixty-Four

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-194; RELATING TO PROHIBITION OF CERTAIN EXCISE TAXES; AND PROVIDING A SUBSTITUTE AND ADDITIONAL PROVISION AUTHORIZING THE CITY OF OVERLAND PARK, KANSAS, TO LEVY AN EXCISE TAX ON THE ACT OF PLATTING REAL PROPERTY IN THE CITY, TO GRANT REBATES OF EXCISE TAXES PAID ON THE PRIVILEGE OF ENGAGING IN THE BUSINESS OF PLATTING REAL PROPERTY IN THE CITY FOR CONTRIBUTIONS PREVIOUSLY MADE FOR THOROUGHFARE IMPROVEMENTS, TO GRANT CREDITS AGAINST EXCISE TAXES PAID ON THE ACT OF PLATTING REAL PROPERTY IN THE CITY FOR CONTRIBUTIONS PREVIOUSLY MADE FOR THOROUGHFARE IMPROVEMENTS, TO GRANT EXEMPTIONS, AND TO PLEDGE THE REVENUES THEREFROM FOR IMPROVING THOROUGHFARES IN THE CITY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-194, which provision reads as follows:

No city or county shall levy or impose an excise tax or a tax in the nature of an excise, other than a retailers' sales tax and a compensating use tax, upon the sale or transfer of personal or real property, or the use thereof, or the rendering of a service, but the provisions of this section shall not be construed as prohibiting any city from (a) contracting with a utility for a fixed charge based upon a percentage of gross receipts derived from the service permitted by grant, right, privilege or franchise to such utility; (b) imposing an occupational tax or license fee for the privilege of engaging in any business, trade, occupation or profession, or rendering or furnishing any service, but the determination of any such license fee shall not be based upon any amount the licensee has received from the sale or transfer of personal or real property, or for the rendering or furnishing of a service, or on the income of the licensee; or (c) levying any occupation tax or license fee imposed by such city prior to the effective date of this act. No license fee described in subsection (b) of this section shall be imposed upon any utility contracting with and subject to a charge, described in subsection (a) of this section, by such city.

Such referenced provisions are either enactments or a part thereof which are applicable to this city but are not uniformly applicable to all cities.

*SECTION 2. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions for those provisions exempted from in SECTION 1, above:

No city or county shall levy or impose an excise tax or a tax in the nature of an excise, other than a retailers' sales tax and a compensating use tax, upon the sale or transfer of personal or real property, or the use thereof, or the rendering of a service, but the provisions of this section shall not be construed as prohibiting any city from (a) contracting with a utility for a fixed charge based upon a percentage of gross receipts derived from the service permitted by grant, right, privilege or franchise to such utility; (b) imposing an occupational tax or license fee for the privilege of engaging in any business, trade, occupation or profession, or rendering or furnishing any service, but the determination of any such license fee shall not be based upon any amount the licensee has received from the sale or transfer of personal or real property, or for the rendering or furnishing of a service, or on the income of the licensee; (c) levying any occupation tax or license fee imposed by such city prior to the effective date of this act; or (d) levying an excise tax on the act of platting real property in the city, granting rebates of excise taxes paid on the privilege of engaging in the business of platting real property in the city for contributions previously made for thoroughfare improvements, granting credits against excise taxes paid on the act of platting real property in the city for contributions previously made for thoroughfare improvements, granting exemptions, and pledging the revenues therefrom for improving thoroughfares in the city. No license fee described in subsection (b) of this section shall be imposed upon any utility contracting with and subject to a charge, described in subsection (a) of this section, by such city.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official city newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND IT SHALL TAKE EFFECT 61 DAYS AFTER ITS FINAL PUBLICATION UNLESS WITHIN SIXTY DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the governing body, not less than two-thirds of the members elect voting in favor thereof the 1st day of August, 1994.

Ed Eilert, Mayor

ATTEST:

Norma Moffet

City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 8/1/94

Published: 8/3/94

8/10/94

Effective: 10/10/94

*Section 2 is repealed by Charter Ordinance No. Eighty-Seven.

**Entire Ordinance was repealed by Chapter 204 of the 2005 Session Laws of Kansas, effective July 1, 2006.

Effective on: 1/1/1901

Charter Ordinance No. Sixty-Five

A CHARTER ORDINANCE RELATING TO THE SALES TAX ON NEW CONSTRUCTION; REPEALING CHARTER ORDINANCE NO. FIFTY-EIGHT OF THE CITY OF OVERLAND PARK, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS;

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to and hereby does repeal Charter Ordinance No. Fifty-Eight.

SECTION 2. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 3. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than twothirds of the members elect voting in favor thereof, this lst day of May, 1995.

Ed Eilert, Mayor

ATTEST:

Norma Moffet, City Clerk

APPROVED AS TO FORM:

John S. Anderson

Assistant City Attorney

Passed: 5/1/95

Published: 5/3/95

5/10/95

Effective: 7/10/95

Effective on: 1/1/1901

Charter Ordinance No. Sixty-Six

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS FROM THE PROVISIONS OF K.S.A. 1995 SUPP. 12-4106; K.S.A. 12-4509 AND K.S.A. 12-4511 WHICH RELATE TO THE POWERS AND DUTIES OF MUNICIPAL COURT JUDGES AND THE SENTENCING AND PAROLE POWERS OF JUDGES IN THE MUNICIPAL COURT AND PROVIDING FOR THE ENACTMENT OF SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT THROUGH THE ENACTMENT OF AN ORDINARY ORDINANCE AND REPEALING EXISTING CHARTER ORDINANCES FIFTY-ONE AND SIXTY-ONE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas by power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it provisions of K.S.A. 1995 Supp. 12-4106; K.S.A. 12-4509 and K.S.A. 12-4511 relating to the powers and duties of municipal court judges and the sentencing and parole powers of municipal court judges and providing for the enactment of substitute and additional provisions on the same subjects through the enactment of ordinary ordinance. Such referenced statutory provisions are applicable to this City but are not uniformly applicable to all cities.

SECTION 2. The Governing Body shall establish the powers and duties of municipal court judges and the sentencing and parole powers of municipal court judges in an ordinary ordinance.

SECTION 3. Existing Charter Ordinance No. Fifty-one and Charter Ordinance No. Sixty-one are hereby repealed.

SECTION 4. This Ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 5. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, the 1st day of July, 1996.

Ed Eilert, Mayor

ATTEST:

Norma Moffet, City Clerk

APPROVED AS TO FORM:

Michael R. Santos

Assistant City Attorney

Passed: 7/1/96

Published: 7/3/96

7/10/96

Effective: 9/9/96

Effective on: 1/1/1901

Charter Ordinance No. Sixty-Seven

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS FROM THE PROVISIONS OF K.S.A. 12-4211 AND K.S.A. 12-4212 WHICH RELATE TO THE DETENTION AND ARREST POWERS OF MUNICIPAL LAW ENFORCEMENT OFFICERS AND PROVIDING FOR THE ENACTMENT OF SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT THROUGH THE ENACTMENT OF AN ORDINARY ORDINANCE AND REPEALING EXISTING CHARTER ORDINANCE THIRTY-ONE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas by power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it provisions of K.S.A. 12-4211 and K.S.A. 12-4212 relating to the detention and arrest powers of municipal law enforcement officers filing criminal cases in the municipal court and providing for the enactment of substitute and additional provisions on the same subjects through the enactment of ordinary ordinance. Such referenced statutory provisions are applicable to this City but are not uniformly applicable to all cities.

SECTION 2. The Governing Body shall establish the detention and arrest powers of municipal law enforcement officers filing criminal cases in the municipal court in an ordinary ordinance.

SECTION 3. Existing Charter Ordinance Thirty-one is hereby repealed.

SECTION 4. This Ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official newspaper.

SECTION 5. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, the 15th day of July, 1996.

Ed Eilert, Mayor

ATTEST:

Norma Moffet, City Clerk

APPROVED AS TO FORM;

Michael R. Santos

Assistant City Attorney

Passed: 7/15/96

Published: 7/17/96

7/24/96

Effective: 9/23/96

Effective on: 1/1/1901

Charter Ordinance No. Sixty-Eight (Repealed by Ch. Ord. No. Seventy-Eight)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING EXISTING SECTION 2 OF CHARTER ORDINANCE NO. FORTY-THREE RELATING TO THE RESPONSIBILITIES OF THE CITY MANAGER.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 2 of Charter Ordinance No. Forty-Three of the City of Overland Park be and the same is hereby amended to read as follows:

SECTION 2. The City Manager shall be responsible for the administration of all of the affairs of the City. The City Manager shall see that the laws and ordinances of the City are enforced. The City Manager shall have the authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove all heads of departments, and all subordinate officers and employees of the City. All such appointments shall be made upon merit and fitness alone. Provided that, the City Manager may delegate at his or her discretion such authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove subordinate officers and employees of the City to department directors and division heads. In addition, the City Manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. The City Manager shall prepare and submit the annual budget to the Governing Body and also keep the City fully advised as to the financial conditions and needs of the City. The City Manager may make recommendations to the Governing Body on all matters concerning the welfare of the City and shall have a seat, but no vote, in all of the public meetings of the Governing Body.

SECTION 2. Existing Section 2 of Charter Ordinance No. Forty-Three is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY

A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the governing body not less than twothirds of the members elect voting in favor thereof the 14th day of October, 1996.

Ed Eilert, Mayor

ATTEST:

Norma Moffet, City Clerk

APPROVED AS TO FORM:

John S. Anderson

Senior Assistant City Attorney

Passed: 10/14/96

Published: 10/16/96

10/23/96

Effective: 12/23/96

Entire ordinance repealed by Charter Ordinance No. Seventy-Eight

Effective on: 1/1/1901

Charter Ordinance No. Seventy (Repealed by Ch. Ord. No. Ninety-Nine)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF SUBPARAGRAPH (a) OF K.S.A. 12-1697 AND FROM THE PROVISIONS OF SUBPARAGRAPH (e) OF K.S.A. 12-1698, WHICH RELATE TO THE LEVY OF A TRANSIENT GUEST TAX, TO THE MAXIMUM RATE THEREOF, AND TO THE PURPOSES FOR WHICH TRANSIENT GUEST TAX REVENUES MAY BE SPENT; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS; AUTHORIZING THE ISSUANCE OF TRANSIENT GUEST TAX REVENUE BONDS WITHOUT AN ELECTION THEREON; AUTHORIZING EXPENDITURE OF TRANSIENT GUEST TAX REVENUES FOR THE PURPOSE OF PAYING THE PRINCIPAL AND INTEREST ON SALES TAX REVENUE BONDS, TRANSIENT GUEST TAX REVENUE BONDS OR OTHER BONDS ISSUED BY THE CITY FOR CERTAIN PURPOSES; AUTHORIZING A PLEDGE SOLELY AND ONLY OF TRANSIENT GUEST TAX REVENUES TO THE PAYMENT OF TRANSIENT GUEST TAX REVENUE BONDS WITHOUT AN ELECTION THEREON; AND REPEALING CHARTER ORDINANCE NOS. FORTY-TWO AND FORTY-SIX.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of Subparagraph (a) of K.S.A. 12-1697 and the provisions of Subparagraph (e) of K.S.A. 12-1698, which relate to the levy of a transient guest tax, to the maximum rate thereof, and to the purposes for which transient guest tax revenues may be spent; hereby provides substitute and additional provisions on the same subjects as set forth herein; hereby authorizes the issuance of transient guest tax revenue bonds without an election thereon; hereby authorizes expenditure of transient guest tax revenues for the purpose of paying the principal and interest on sales tax revenue bonds, transient guest tax revenue bonds or other bonds issued by the City for certain purposes; and hereby authorizes a pledge solely and only of transient guest tax revenues to the payment of transient guest tax revenue bonds without an election thereon. Such referenced statutes are applicable to the City of Overland Park but are not uniformly applicable to all cities in Kansas.

*SECTION 2. The Governing Body of the City of Overland Park, Kansas, is hereby authorized to levy a transient guest tax at a rate not to exceed six percent (6%) upon the gross receipts derived from or paid by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel or tourist court. The percentage of such tax shall be determined by the Governing Body and shall be specified in an ordinary ordinance authorizing the same.

SECTION 3. Revenues received by the City from the transient guest tax shall be expended solely and only for the purpose of promoting activities relating to conventions and tourism; for the purpose of paying all or a part of the cost of designing, acquiring, constructing, reconstructing, improving, equipping, furnishing, repairing, enlarging, remodeling, operating and maintaining capital projects relating to conventions and tourism, including, but not limited to real estate, buildings, improvements, furnishings, machinery and equipment for a convention center, exposition hall, public auditorium and related facilities; for the purpose of paying the principal and interest on sales tax revenue bonds, transient guest tax revenue bonds or other bonds issued by the City, the proceeds of which are used to design, acquire, construct, reconstruct, improve, equip, furnish, repair, enlarge and remodel such capital projects; and for the purpose of paying for economic development in an amount up to $50,000 per year. The revenues received by the City from the transient guest tax shall be credited to such fund or funds of the City and shall be apportioned among the above-listed purposes in an ordinary ordinance.

SECTION 4. The City of Overland Park is hereby authorized to issue transient guest tax revenue bonds for the purpose of paying all or part of the cost of designing, acquiring, constructing, reconstructing, improving, equipping, furnishing, repairing, enlarging or remodeling capital projects relating to conventions and tourism, including, but not limited to, real estate, buildings, improvements, furnishings, machinery and equipment for a convention center, exposition hall, public auditorium and related facilities, and to pledge solely and only transient guest tax revenues to the payment of the transient guest tax revenue bonds, all without an election thereon. In no event shall such bonds be a general obligation of the City of Overland Park, nor constitute an indebtedness of the City of Overland Park for which the faith and credit of the City of Overland Park is pledged, nor give rise to a charge against the general credit or taxing powers of the City of Overland Park, and such bonds shall so state on their face.

SECTION 5. Charter Ordinance No. Forty-Two and Charter Ordinance No. Forty-Six are hereby repealed.

SECTION 6. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 7. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 6th day of October, 1997.

Ed Eilert, Mayor

ATTEST:

Norma Moffet

City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 10/6/97

Published: 10/8/97

10/15/97

Effective: 12/15/97

*Section 2 repealed by Charter Ordinance No. Ninety-One

(History: Charter Ord. No. 99 §10, 2020)

Effective on: 1/1/1901

Charter Ordinance No. Seventy-One

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTION 13-1017 OF THE KANSAS STATUTES ANNOTATED AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT; REPEALING CHARTER ORDINANCE THIRTY-THREE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it Section 13-1017 of the Kansas Statutes Annotated, said section applying only to cities of the first class, and provides substitute and additional provisions as hereinafter set forth.

SECTION 2. Estimate of cost of improvements; contracts; bids; bond issue, when.

Before the City of Overland Park undertakes the construction or reconstruction of any public improvement, including but not limited to, sidewalks, curbs, gutters, sewers, bridges, pavements, streets, highways, public grounds, public buildings and public facilities a detailed estimate of the cost of such improvement shall be made under oath by the city engineer, any department director or any other competent person appointed for such purposes by the Governing Body, and the estimate shall be submitted to the Governing Body for its action thereon.

In all cases where the estimated cost of the contemplated public improvement amounts to more than Fifty Thousand Dollars ($50,000), sealed proposals for the public improvement shall be invited by advertisement, published by the city clerk once in the official City newspaper, and the Governing Body shall let all such work by contract to the lowest and best responsible bidder. Notwithstanding the foregoing, the Governing Body reserves the right to refuse all or any part of any bid when it is felt that such action is in the best interest of the City.

If no qualified responsible person shall propose to enter into the contract at a price not exceeding the estimated cost, all bids may be rejected and the same proceedings as before repeated. In the alternative, if all bids exceed the estimated cost, the Governing Body may accept the bid and let the work by contract to the lowest and best responsible bidder; but if that cost is greater than seven percent over the estimated cost, the department director of the department letting the bids or his/her designee shall give a full explanation to the Governing Body of the reason for the discrepancy. In no case shall the City be liable for anything beyond the original contract price for doing the work or making the improvement.

Before any type of public improvement shall be commenced, the money to pay for the same must be available in the City treasury as provided by law; or provision may be made for the issuance of internal improvement bonds to pay for any such improvement as provided by law.

The bidding process herein set forth may be waived by an affirmative vote of a majority of the Governing Body, if the best interest of the City would be so served.

This section shall not apply to:

1. a.
   any repair or maintenance work not amounting to substantial alteration, addition or change in any public improvement.
2. b.
   the construction, reconstruction, repair or the maintenance of any public improvement by employees of the City .
3. c.
   improvements financed by economic development revenue bonds issued pursuant to K.S.A. 12-1740, et seq..

SECTION 3. Charter Ordinance No. Thirty-Three is hereby repealed.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 5. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 2nd day of February, 1998.

Ed Eilert, Mayor

ATTEST:

Norma Moffet, City Clerk

APPROVED AS TO FORM:

Jane Neff-Brain

Senior Assistant City Attorney

Passed: 2/2/98

Published: 2/6/98

2/13/98

Effective: 4/15/98

Effective on: 1/1/1901

Charter Ordinance No. Seventy-Two (Repealed by Ch. Ord. No. Eighty)

(Note: All or parts of this Charter Ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTION 12-1036e OF THE KANSAS STATUTES ANNOTATED; PROVIDING SUBSTITUTE PROVISIONS ON THE SALARIES OF THE MAYOR AND CITY COUNCIL MEMBERS; AND REPEALING CHARTER ORDINANCE NO. SIXTY-THREE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council.-City Manager city of the first class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and make inapplicable to it, Section 12-1036e of the Kansas Statutes Annotated, which law applies only to Mayor-Council-City Manager cities of the first class, and to provide substitute provisions as herein provided.

SECTION 2. Commencing January 1, 1999, the salary of each City Council Member shall be an amount not to exceed $10,200 per year, payable monthly.

SECTION 3. Commencing January 1, 1999, the City Council Member who serves as President of the Council also shall receive an additional amount not to exceed $1,800 per year, payable monthly while serving in that capacity.

SECTION 4. Commencing January 1, 1999, the salary of the Mayor shall be an amount not to exceed $20,400 per year, payable monthly.

SECTION 5. The procedure for determining the amount of the salary of each Council Member, the President of the Council and the Mayor, up to the not to exceed amount, shall be determined by resolution of the governing body.

SECTION 6. The not to exceed amount of the salaries of the Council Members, President of the Council and Mayor shall be reviewed at least once every four years.

SECTION 7. Charter Ordinance No. Sixty-Three is hereby repealed effective January 1, 1999.

SECTION 8. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 9. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL, PUBLICATION A PETITION-SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER (IF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 3rd day of August, 1998.

Ed Eilert, Mayor

ATTEST:

Norma Moffet

City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 8/3/98

Published: 8/5/98

8/12/98

61 days: 10/12/98

Effective: 10/12/98

Entire ordinance repealed by Charter Ordinance No. Eighty, effective January 1, 2002.

Effective on: 1/1/1901

Charter Ordinance No. Seventy-Three (Repealed by Ch. Ord. No. Eighty-Four)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING EXISTING SECTION 3 OF CHARTER ORDINANCE NO. FORTY-THREE RELATING TO THE CIVIL SERVICE COMMISSION.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Existing Section 3 of Charter Ordinance No. Forty-three of the City of Overland Park is hereby amended to read as follows:

SECTION 3. Notwithstanding the provisions of Section 2 of Charter Ordinance No. Forty-three, as amended by Charter Ordinance No. Sixty-eight, the City shall have a Civil Service Commission and such Civil Service Commission shall have the jurisdiction, powers, duties and responsibilities as set forth in the ordinary ordinances of the City.

SECTION 2. Existing Section 3 of Charter Ordinance No. Forty-three is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT SIXTY-ONE DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 15th day of February, 1999.

Ed Eilert, Mayor

ATTEST:

Norma Moffet, City Clerk

APPROVED AS TO FORM:

Michael R. Santos

Senior Assistant City Attorney

Passed: 2/15/99

Published: 2/17/99

2/24/99

Effective: 4/26/99

Entire ordinance repealed by Charter Ordinance No. Eighty-Four.

Effective on: 1/1/1901

Charter Ordinance No. Seventy-Four (Repealed by Chapter 201 of the 2005 Session Laws of Kansas)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 41-719 RELATING TO THE CONSUMPTION OF ALCOHOLIC LIQUOR IN CERTAIN PLACES AND PROVIDING FOR SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. That the Governing Body of the City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects and exempts itself from and makes inapplicable to it, the provisions of K.S.A. 41-719 relating to the consumption of alcoholic liquor in certain places and hereby provides substitute and additional provisions as hereinafter set forth. Such referenced statute is applicable to this City but not uniformly applicable to all cities.

*SECTION 2. The Governing Body shall provide by ordinary ordinance for the consumption and sale of alcoholic liquor in public places.

SECTION 3. This ordinance shall be published once each week for two (2) consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 18th day of October, 1999.

Ed Eilert, Mayor

ATTEST:

Marian Cook

City Clerk

APPROVED AS TO FORM:

Michael R. Santos

Senior Assistant City Attorney

Passed: 10/18/99

Published: 10/22/99

10/29/99

Effective: 12/28/99

*Section 2 repealed by Charter Ordinance No. Seventy-Five

Entire ordinance was repealed by Chapter 201 of the 2005 Session Laws of Kansas, effective November 15, 2005.

Effective on: 1/1/1901

Charter Ordinance No. Seventy-Five (Repealed by Chapter 201 of the 2005 Session Laws of Kansas)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING EXISTING SECTION 2 OF CHARTER ORDINANCE NO. SEVENTY-FOUR RELATING TO THE APPLICABILITY OF K.S.A. 41-719 TO THE CITY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 2 of Charter Ordinance No. Seventy-Four of the City of Overland Park be and the same is hereby amended to read as follows:

SECTION 2. The Governing Body shall provide by ordinary ordinance for the consumption, sale, dispensing and serving of alcoholic and intoxicating liquor in public and private places.

SECTION 2. This ordinance shall be published once each week for two (2) consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 3. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 20th day of March, 2000.

ATTEST: Ed Eilert, Mayor

Marian Cook

City Clerk

APPROVED AS TO FORM:

Michael R. Santos

Senior Assistant City Attorney

Passed: 3/20/2000

Published: 3/24/2000

3/31/2000

Effective: 5/31/2000

Entire ordinance was repealed by Chapter 201 of the 2005 Session Laws of Kansas, effective November 15, 2005.

Effective on: 1/1/1901

Charter Ordinance No. Seventy-Six (Repealed by Ch. Ord. No. Eighty-Four)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE CHANGING CITY ELECTIONS IN THE CITY OF OVERLAND PARK, KANSAS, FROM PARTISAN TO NONPARTISAN ELECTIONS; CHANGING THE METHOD OF FILLING VACANCIES IN THE OFFICE OF COUNCIL MEMBER IN THE CITY OF OVERLAND PARK, KANSAS, FROM A PARTISAN TO A NON-PARTISAN METHOD; EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM K.S.A. 25-2113 AND 13-513; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS; REPEALING SECTION 6 OF CHARTER ORDINANCE NO. 34; REPEALING CHARTER ORDINANCE NO. 49 EFFECTIVE APRIL 7, 2003; AND SUBJECTING THIS CHARTER ORDINANCE TO A VOTE OF THE ELECTORS OF THE CITY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Statutes made inapplicable. The City of Overland Park, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 25-2113 and 13-513 and provide substitute and additional provisions as hereinafter set forth in this charter ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this city but are not applicable uniformly to all cities.

SECTION 2. Nonpartisan elections. City elections shall be nonpartisan. Laws applicable to elections occurring at the same time as city elections shall apply to city elections to the extent that the same are not in conflict with the provisions of Article 21 of Chapter 25 of the Kansas Statutes Annotated.

*SECTION 3. Date of primary city election; procedure for conduct of primary and general city elections.

1. A.
   Date of primary city election. The primary election of the city officers shall be on the Tuesday preceding by five weeks the first Tuesday in April of every odd-numbered year.
2. B.
   Procedure for conduct of primary city elections.

   1. 1.
      In 2005 and in each subsequent year in which the term of the mayor expires, if no more than two (2) candidates have filed for the office of mayor, both such candidates shall automatically be listed on the general city election ballot; but if more than two (2) candidates have filed for the office of mayor, a primary city election at large shall be held for the nomination of two (2) candidates for the office. Each qualified elector of the city shall be entitled to vote for one candidate. The two (2) candidates receiving the highest number of votes cast shall be placed on the general city election ballot as the candidates nominated for election as mayor.
   2. 2.
      In 2003 and in each subsequent year in which the term of a council member expires, if no more than two (2) candidates have filed for the office of council member to be filled, both such candidates shall automatically be listed on the general city election ballot; but if more than two (2) candidates have filed for the office of council member to be filled, a primary city election shall be held within each such ward for the nomination of two (2) candidates from that ward. Each qualified elector who is a resident of the ward shall be entitled to vote for one candidate from his or her ward. The two (2) candidates from each such ward receiving the highest number of votes cast shall be placed on the general city election ballot as the candidates for election from the ward.
3. C.
   Procedure for conduct of general city elections.

   1. 1.
      In the general city election in 2005 and in each subsequent year in which the term of the mayor expires, all qualified electors of the city shall be entitled to vote on the election of the mayor. Of the candidate or candidates nominated or automatically listed for the office of mayor, the candidate receiving the highest number of votes in the general city election shall be elected as mayor.
   2. 2.
      In the general city election in 2003 and in each subsequent year in which the term of a council member expires, all qualified electors of the ward shall be entitled to vote on the election of the council member from that ward. Of the candidate or candidates nominated or automatically listed from each ward, the candidate receiving the highest number of votes in the general city election shall be elected as council member from the ward.

SECTION 4. Filling vacancies in office of mayor and council member. Effective on and after April 7, 2003:

1. A.
   The mayor and council members shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the position of mayor, the president of the council, upon being qualified, shall become mayor. If such vacancy occurs before January 1 of an odd-numbered year leaving an unexpired term of more than two (2) years from said January 1, such successor shall serve in such position until a special election is held at the same time as the next regular city primary and general election. Such special election shall be held for the purpose of electing a replacement mayor to serve in such position for the remainder of the unexpired term. Such special election shall be held in the same manner as if the term were expiring and the term of the successor shall end upon election of a mayor for the unexpired term. In all other cases, the successor shall serve the remainder of the unexpired term.
2. B.
   When the president of the council becomes mayor, there shall be a vacancy in such council member's position on the council. Whenever a vacancy occurs for any reason in the position of council member, a screening committee composed of the mayor, president of the council and chair of the finance, administration and economic development committee of the council shall recommend not to exceed two (2) persons as potential replacements to the council within thirty (30) days from the date the vacancy is declared to have occurred by the members of the council remaining after the vacancy. The remaining members of the council and the mayor shall so declare a vacancy to have occurred at the first regular council meeting following the date of occurrence of the vacancy. Upon receipt of such recommendation, the council, by majority vote of the remaining members thereof and the mayor, may appoint either recommended replacement or may reject both such recommended replacements. Should the remaining members of the council and the mayor reject both such recommended replacements, the screening committee shall make a second recommendation of not to exceed two (2) persons other than the two persons originally recommended, as replacements for council consideration within fifteen (15) days of such rejection. Upon receipt of the second recommendation, the council, by majority vote of the remaining members thereof and the mayor, may appoint either such recommended replacement or may reject both such recommended replacements. Should the remaining members of the council and the mayor reject both such recommended replacements, the council, by majority vote of the remaining members thereof and the mayor, shall appoint an elector qualified to fill the vacant position.
3. C.
   If such vacancy occurs in the position of council member before January 1 of an odd-numbered year leaving an unexpired term of more than two (2) years from said January 1, such appointed replacement shall serve in such position until a special election is held at the same time as the next regular city primary and general election. Such special election shall be held for the purpose of electing a replacement to serve in such position for the remainder of the unexpired term. Such special election shall be held in the same manner as if the term were expiring and the term of the appointed member, if any, shall end upon election of a member for the unexpired term. In all other cases, the appointed replacement shall serve the remainder of the unexpired term.
4. D.
   SECTION 5. Repeal of charter ordinances. Section 6 of Charter Ordinance No. 34 be and the same is hereby repealed and Charter Ordinance No. 49 of the City of Overland Park, Kansas, be and the same is hereby repealed effective April 7, 2003.

SECTION 6. Severability. It is hereby declared to be the intention of the Governing Body that the sections, subsections, paragraphs, sentences, clauses and phrases of this charter ordinance are severable, and if any phrase, clause, sentence, paragraph, subsection or section of this charter ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, subsections and sections of this charter

ordinance, since the same would have been enacted by the Governing Body without the incorporation into this charter ordinance of any unconstitutional or otherwise invalid phrase, clause, sentence, paragraph, subsection or section.

SECTION 7. Publication of charter ordinance. This charter ordinance shall be published once each week for two (2) consecutive weeks in The Overland Park Sun, an official city newspaper.

SECTION 8. Election on charter ordinance. This is a charter ordinance and its effectiveness is hereby made subject to a vote of the electors of the City of Overland Park, Kansas. It shall take effect only if and when approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY, NOT LESS THAN TWO-THIRDS OF THE MEMBERS-ELECT VOTING IN FAVOR THEREOF, THE 5TH DAY OF FEBRUARY, 2001.

Ed Eilert, Mayor

ATTEST:

Marian Cook, City Clerk

APPROVED AS TO FORM:

Robert J. Watson, City Attorney

Passed: 2/5/2001

Published: 2/7/2001

2/14/2001

Election: 4/3/2001

Effective: 4/6/2001

*Section 3 amended by Subsection A of Section 4 of Charter Ordinance No. Seventy-Seven and therefore repealed.

Entire ordinance repealed by Charter Ordinance No. Eighty-Four.

Effective on: 1/1/1901

Charter Ordinance No. Seventy-Seven (Repealed by Ch. Ord. No. Eighty-Four)

(Note: All or parts of this charter ordinance have been repealed or did not take effect by operation of law. See notes at the end of the ordinance.)

A CHARTER ORDINANCE ADDING A SIXTH WARD IN THE CITY OF OVERLAND PARK, KANSAS; REPEALING SECTIONS 4 AND 6 OF CHARTER ORDINANCE NUMBER THIRTY-FOUR AND REPEALING CHARTER ORDINANCE NUMBERS FORTY-SEVEN AND FIFTY-FOUR; AND SUBJECTING THIS CHARTER ORDINANCE TO A VOTE OF THE ELECTORS OF THE CITY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

**SECTION 1. Composition of the Governing Body and eligibility for election thereto.

1. A.
   Composition. The Governing Body shall consist of a mayor elected by the City as a whole and ten (10) council members elected by wards; provided, for purposes of the City elections in 2003 and thereafter, the Governing Body shall consist of a mayor elected by the City as a whole and twelve (12) council members elected by wards. Each ward shall be represented by two council members.
2. B.
   Eligibility. The mayor and each council member shall be a citizen of the United States and a qualified elector of Overland Park, Kansas, and must reside in the City at the time of filing for election and thereafter for the duration of their terms. Council members from wards shall be residents of their respective wards at the time of filing for election and thereafter for the duration of their terms.

SECTION 2. Number of wards. The City shall be divided into five wards to be numbered one through five; provided, effective in December, 2002, the City shall be divided into six wards numbered one through six for purposes of the City elections held in 2003 and thereafter.

SECTION 3. Ward boundaries. Dividing lines between wards shall follow precinct boundaries established by the Johnson County Election Commissioner. The Governing Body of the City shall, by ordinance, adjust the ward boundaries to reflect approximately equal population effective in December of 2002. The Governing Body of the City may likewise adjust ward boundaries effective in December every two years thereafter but shall adjust the boundaries effective in December every four years thereafter. The Governing Body shall certify the boundaries so adjusted to the Johnson County Election Commissioner.

SECTION 4. Date of primary City election; procedure for conduct of primary and general City elections.

1. A.
   If Charter Ordinance No. Seventy-Six is approved by a majority of the electors on April 3, 2001, Section 3 of Charter Ordinance No. Seventy-Six is hereby amended to read as follows:

   1. 1.
      Date of primary City election. The primary election of the City officers shall be on the Tuesday preceding by five weeks the first Tuesday in April of every odd-numbered year.
   2. 2.
      Procedure for conduct of primary City elections.

      1. a.
         In 2005 and in each subsequent year in which the term of the mayor expires, if no more than two (2) candidates have filed for the office of mayor, both such candidates shall automatically be listed on the general City election ballot; but if more than two (2) candidates have filed for the office of mayor, a primary City election at large shall be held for the nomination of two (2) candidates for the office. Each qualified elector of the City shall be entitled to vote for one (1) candidate. The two (2) candidates receiving the highest number of votes cast shall be placed on the general City election ballot as the candidates nominated for election as mayor.
      2. b.
         In 2003 and in each subsequent year in which the term of a council member expires, if no more than two (2) candidates have filed for the office of council member to be filled, both such candidates shall automatically be listed on the general City election ballot; but if more than two (2) candidates have filed for the office of council member to be filled, a primary City election shall be held within each such ward for the nomination of two (2) candidates from that ward. Each qualified elector who is a resident of the ward shall be entitled to vote for one candidate from his or her ward. The two (2) candidates from each such ward receiving the highest number of votes cast shall be placed on the general City election ballot as the candidates nominated for election from the ward; provided, in Ward Six in 2003 the two (2) Ward Six council positions shall be designated as Position No. 1 and Position No. 2 and both council positions shall be filled. A candidate may file for either Position No. 1 or Position No. 2, but not for both positions. If no more than two (2) candidates have filed for either or both such Ward Six positions, the candidates for such Ward Six position or positions shall automatically be listed on the general City election ballot; but if more than two (2) candidates have filed for either or both of the Ward Six positions, a primary City election shall be held for the nomination of two (2) candidates for such Ward Six position or positions. Each qualified elector who is a resident of Ward Six shall be entitled to vote for one (1) candidate for each Ward Six position. The two (2) candidates for each Ward Six position receiving the highest number of votes shall be placed on the general City election ballot as the candidates nominated for election to that Ward Six position.
   3. 3.
      Procedure for conduct of general City elections.

      1. a.
         In the general City election in 2005 and in each subsequent year in which the term of the mayor expires, all qualified electors of the City shall be entitled to vote on the election of the mayor. Of the candidate or candidates nominated or automatically listed for the office of mayor, the candidate receiving the highest number of votes in the general City election shall be elected as mayor.
      2. b.
         In the general City election in 2003 and in each subsequent year in which the term of a council member expires, all qualified electors of the ward shall be entitled to vote on the election of the council member from that ward. Of the two (2) candidates nominated or automatically listed from each ward, the candidate receiving the highest number of votes in the general City election shall be elected as council member from the ward; provided, in the general City election of 2003, all qualified electors of Ward Six shall be entitled to vote on the election of one council member for each Ward Six position. Of the candidate or candidates nominated or automatically listed for each Ward Six position, the candidate receiving the highest number of votes shall be elected to that Ward Six position.
2. B.
   *If Charter Ordinance No. Seventy-Six is not approved by a majority of the electors on April 3, 2001, the following provisions shall take effect:

   1. 1.
      Date of primary election. The primary election of the City officers shall be on the Tuesday preceding by five weeks the first Tuesday in April of every odd-numbered year.
   2. 2.
      Procedure for conduct of primary City elections.

      1. a.
         In 2005 and in each subsequent year in which the term of the mayor expires, if no more than one (1) candidate has filed for the office of mayor from any officially recognized political party, such candidate shall automatically be listed on the general City election ballot as the candidate from that party; but if more than one (1) candidate has filed for the office of mayor from any officially recognized political party in Kansas entitled to have its candidate nominated by a primary election, a primary City election at large shall be held for the nomination of a candidate for the office from that party. Each qualified elector of the City who is eligible to vote in that party’s partisan primary under the election laws of the State of Kansas shall be entitled to vote for one (1) candidate. The candidate from that party receiving the highest number of votes cast shall be placed on the general City election ballot as the candidate from that party nominated for election as mayor. If more than one (1) candidate has filed for the office of mayor from any officially recognized political party other than one entitled to have its candidate nominated by a primary election, the nominee of that party shall be chosen by a delegate or mass convention. All independent candidates for the office of mayor shall automatically be listed on the general City election ballot.
      2. b.
         In 2003 and in each subsequent year in which the term of a council member expires, if no more than one (1) candidate from any officially recognized political party has filed for the office of council member to be filled, such candidate shall automatically be listed on the general election ballot as the candidate from that party; but if more than one (1) candidate from any officially recognized political party in Kansas entitled to have its candidate nominated by a primary election has filed for the office of council member to be filled, a primary City election shall be held within each such ward for the nomination of a candidate from that party from that ward. Each qualified elector who is a resident of the ward and who is eligible to vote in that party’s partisan primary under the election laws of the state of Kansas, shall be entitled to vote for one (1) candidate from his or her ward. The party candidate from each such ward who receives the highest number of votes cast shall be placed on the general City election ballot as the candidate nominated for election from that party from that ward; provided, in Ward Six in 2003 the two (2) Ward Six council positions shall be designated as Position No. 1 and Position No. 2 and both council positions shall be filled. A candidate may file for either Position No. 1 or Position No. 2, but not for both positions. If no more than one (1) candidate has filed for either or both of the Ward Six positions from any officially recognized political party, such candidate shall automatically be listed on the general election ballot as the candidate from that party for that position; but if more than one (1) candidate from any officially recognized political party in Kansas entitled to have its candidate nominated by a primary election has filed for either or both Ward Six positions, a primary City election shall be held for the nomination of one (1) candidate from that party for that Ward Six position. Each qualified elector who is a resident of Ward Six and who is eligible to vote in a partisan primary under the election laws of the State of Kansas shall be entitled to vote for one (1) candidate for each Ward Six position. The party candidate for each Ward Six position who receives the highest number of votes shall be placed on the general City election ballot as the candidate for election from that party for that Ward Six position. If more than one (1) candidate has filed for the office of council member from any officially recognized political party other than one entitled to have its candidate nominated by a primary election, the nominee of that party shall be chosen by a delegate or mass convention. All independent candidates for the office of council member shall automatically be listed on the general City election ballot.
   3. 3.
      Procedure for conduct of general City elections.

      1. a.
         In the general City election in 2005 and in each subsequent year in which the term of the mayor expires, all qualified electors of the City shall be entitled to vote on the election of the mayor. Of the candidate or candidates nominated or automatically listed for the office of mayor, the candidate receiving the highest number of votes in the general City election shall be elected as mayor
      2. b.
         In the general City election in 2003 and in each subsequent year in which the term of a council member expires, all qualified electors of the ward shall be entitled to vote on the election of the council member from that ward. Of the candidates nominated from each ward or listed automatically on the general City election ballot from that ward, the candidate receiving the highest number of votes in the general City election shall be elected as council member from the ward; provided, in the general City election of 2003, all qualified electors of Ward Six shall be entitled to vote on the election of one council member for each Ward Six position. Of the candidate or candidates nominated or listed automatically on the general City election ballot for each Ward Six position, the candidate receiving the highest number of votes in the general City election shall be elected to that Ward Six position.

SECTION 5. Terms of office.

1. A.
   At the primary and general City elections held in 2003 all council member positions which were last filled by election in 1999 shall be filled by election, and those persons so elected in 2003 shall succeed to those council member positions. Also, at the primary and general City elections held in 2003 both council positions in Ward Six shall be filled by election. Those persons elected as council members in 2003 shall hold their positions for a term of four (4) years and until their successors are duly elected and qualified; provided, the candidate elected to council Position No. 1 in Ward Six in 2003 shall hold the position for an initial term of two (2) years.
2. B.
   At the primary and general City elections held in 2005 the position of mayor and all council member positions which were last filled by election in 2001 and the Council member position in Ward Six filled by election to a two year term in 2003 shall be filled by election, and those persons so elected in 2005 shall succeed to those mayor and council member positions. Those persons elected as mayor and council members in 2005, and in subsequent elections, shall hold their positions for a term of four (4) years and until their successors are duly elected and qualified.

SECTION 6. Council president, election of, powers and duties. On the second Monday after the first Tuesday in the month of April of each year, the council shall elect by six (6) affirmative votes cast by signed written ballot, provided that abstentions and blanks shall not be counted as votes cast, one of its members as president of the council who, in the absence or disability of the mayor shall become acting mayor; provided, beginning in the month of April of 2003 the president of the council shall be elected by seven (7) affirmative votes. Such council member shall retain all his voting rights and other prerogatives as council member while acting as mayor.

SECTION 7. General powers and duties of the Governing Body; voting.

1. A.
   General Powers and duties. All powers of the City shall be vested in the governing body, except as the Constitution and Statutes of Kansas or this or other charter ordinances may provide otherwise. The governing body shall provide for the performance of all duties and obligations imposed on the City by law.
2. B.
   Voting.

   1. 1.
      Any ordinance shall be passed by an affirmative vote of six (6) council members unless a greater number of votes are specifically required by another provision of law; provided, that where the number of favorable votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the ordinance; and further provided that beginning on April 7, 2003, an ordinance shall be passed by an affirmative vote of seven (7) council members.
   2. 2.
      Any resolution, motion or any other action of the governing body except charter ordinances, upon which the mayor's vote shall be counted on every occasion, shall be passed at a meeting at which a quorum is present if more than half of the votes cast by council members are affirmative votes; provided, that abstentions shall not be counted as votes cast and where the number of affirmative votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the resolution, motion or other action.

SECTION 8. Repeal of charter ordinances. That Sections 4 and 6 of Charter Ordinance Number Thirty-Four, and Charter Ordinance Numbers Forty-Seven and Fifty-Four of the City of Overland Park, Kansas, be and the same are hereby repealed.

SECTION 9. Severability. It is hereby declared to be the intention of the governing body that the sections, subsections, paragraphs, sentences, clauses and phrases of this charter ordinance are severable, and if any phrase, clause, sentence, paragraph, subsection or section of this charter ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, subsections and sections of this charter ordinance, since the same would have been enacted by the governing body without the incorporation into this charter ordinance of any unconstitutional or otherwise invalid phrase, clause, sentence, paragraph, subsection or section.

SECTION 10. Publication of charter ordinance. This charter ordinance shall be published once each week for two (2) consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 11. Election on charter ordinance. This is a charter ordinance and its effectiveness is hereby made subject to a vote of the electors of the City of Overland Park, Kansas. It shall take effect only if approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY, NOT LESS THAN TWO-THIRDS OF THE MEMBERS-ELECT VOTING IN FAVOR THEREOF, THE 5TH DAY OF FEBRUARY, 2001.

Ed Eilert, Mayor

ATTEST:

Marian Cook, City Clerk

APPROVED AS TO FORM:

Robert J. Watson, City Attorney

Passed: 2/5/2001

Published: 2/7/2001

2/14/2001

Election: 4/3/2001

Effective: 4/6/2001

*Subsection B of Section 4 did not take effect by operation of law.

**Section 1 repealed by Charter Ordinance No. Eighty-One

Entire ordinance has been repealed by Charter Ordinance No. Eighty-Four.

1. A.

   office of council member from any officially recognized political party other than one entitled to have its candidate nominated by a primary election, the nominee of that party shall be chosen by a delegate or mass convention. All independent candidates for the office of council member shall automatically be listed on the general City election ballot.

Effective on: 1/1/1901

Charter Ordinance No. Seventy-Eight (Repealed by Ch. Ord. No. Eighty-Four)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE RELATING TO THE FORM OF GOVERNMENT OF THE CITY OF OVERLAND PARK, KANSAS; CONCERNING THE POWERS AND DUTIES OF THE MAYOR AND THE CITY MANAGER; EXEMPTING THE CITY FROM K.S.A. 13-506; REPEALING CHARTER ORDINANCE NO. SIXTY-EIGHT AND EXISTING SECTION 8 OF CHARTER ORDINANCE NO. THIRTY-FOUR.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it K.S.A. 13-506, said section applying only to cities of the first class.

SECTION 2. POWERS AND DUTIES OF THE MAYOR

The Mayor shall be the titular head of the City and shall preside at all meetings of the Council. He shall sign all ordinances and resolutions passed by the Council; Provided, that he shall have the power to veto any ordinance or resolution passed by the Council, except the Mayor shall have no power to veto a Charter Ordinance, or appointments by the Council for vacancies on the Council. Any ordinance or resolution vetoed by the Mayor may be passed over the veto by the vote of twothirds of the whole number of the Councilmemberselect, notwithstanding the veto; and if the Mayor has failed to sign or veto such ordinance or resolution by the first regular meeting following the adoption of such ordinance or resolution, the same shall take effect without his signature. It shall be the duty of the Mayor to sign all contracts and agreements authorized by the Governing Body, except those contracts and agreements designated by the Governing Body to be entered into and signed by the City Manager or his/her designee. He shall represent the City Governing Body at all official City functions and shall be the official representative of the Governing Body at all meetings, conferences and negotiations relating to policy matters involving other governmental units and shall recommend Council action relating thereto. He shall be the official representative of the Governing Body at all conferences and meetings with citizens' groups and organizations interested in promoting the welfare and development of the City and shall recommend Council action relative thereto. He may annually communicate to the Council in writing such information as he may possess with reference to the condition of the City, and recommend such measures as he may deem necessary and expedient. He may inform the Council concerning questions of policy and may make policy recommendations to the Council.

SECTION 3. POWERS AND DUTIES OF THE CITY MANAGER

The City Manager shall be responsible for the administration of all of the affairs of the City. The City Manager shall see that the laws and ordinances of the City are enforced. The City Manager shall have the authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove all heads of departments, and all subordinate officers and employees of the City. All such appointments shall be made upon merit and fitness alone.

Provided that, the City Manager may delegate at his or her discretion such authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove subordinate officers and employees of the City to department directors and division heads. In addition, the City Manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. The City Manager shall prepare and submit the annual budget to the Governing Body and also keep the City fully advised as to the financial conditions and needs of the City. The City Manager may make recommendations to the Governing Body on all matters concerning the welfare of the City and shall have a seat, but no vote, in all of the public meetings of the Governing Body. The City Manager, or his/her designee, may enter into, execute, approve and accept, on behalf of the City, all contracts, agreements and other documents as designated by the Governing Body.

SECTION 4. Charter Ordinance No. Sixty-Eight and existing Section 8 of Charter Ordinance No. Thirty-Four are hereby repealed.

SECTION 6. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 7. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than twothirds of the members elect voting in favor thereof the 5th day of March, 2001.

Ed Eilert, Mayor

ATTEST:

Marian Cook, City Clerk

APPROVED AS TO FORM:

Jane NeffBrain

Senior Assistant City Attorney

Passed: 3/5/2001

Published: 3/7/2001

3/14/2001

Effective: 5/14/2001

Entire ordinance repealed by Charter Ordinance No. Eighty-Four.

Effective on: 1/1/1901

Charter Ordinance No. Eighty (Repealed by Charter Ord. No. Eighty-Eight)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTION 12-1036e OF THE KANSAS STATUTES ANNOTATED; PROVIDING SUBSTITUTE PROVISIONS ON THE SALARIES OF THE MAYOR AND CITY COUNCIL MEMBERS; AND REPEALING CHARTER ORDINANCE NO. SEVENTY-TWO.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council-City Manager city of the first class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and make inapplicable to it, Section 12-1036e of the Kansas Statutes Annotated, which law applies only to Mayor-Council-City Manager cities of the first class, and to provide substitute provisions as herein provided.

SECTION 2. Commencing January 1, 2002, the salary of each City Council Member shall be an amount not to exceed $12,000 per year, payable monthly.

SECTION 3. Commencing January 1, 2002, the City Council Member who serves as President of the Council also shall receive an additional amount not to exceed $2,400 per year, payable monthly while serving in that capacity.

SECTION 4. Commencing January 1, 2002, the salary of the Mayor shall be an amount not to exceed $24,000 per year, payable monthly.

SECTION 5. The procedure for determining the amount of the salary of each Council Member, the President of the Council and the Mayor, up to the not to exceed amount, shall be determined by resolution of the governing body.

SECTION 6. The not to exceed amount of the salaries of the Council Members, President of the Council and Mayor shall be reviewed at least once every four years.

SECTION 7. Charter Ordinance No. Seventy-Two is hereby repealed effective January 1, 2002.

SECTION 8. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 9. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL, PUBLICATION A PETITION-SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 13th day of August, 2001.

Ed Eilert, Mayor

ATTEST:

Marian Cook

City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 8/13/01

Published: 8/17/01

8/24/01

61 days: 10/24/01

Effective: 10/24/01

Entire ordinance repealed by Charter Ordinance No. Eighty-Eight

Effective on: 1/1/1901

Charter Ordinance No. Eighty-One (Repealed by Charter Ord. No. Eighty-Eight)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING EXISTING SECTION 1 OF CHARTER ORDINANCE NO. SEVENTY-SEVEN RELATING TO THE REQUIREMENT THAT COUNCIL MEMBERS BE RESIDENTS OF THEIR WARDS FOR THE DURATION OF THEIR TERMS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 1 of Charter Ordinance No. Seventy-Seven of the City of Overland Park be and the same is hereby amended to read as follows:

SECTION 1. Composition of the Governing Body and eligibility for election thereto.

1. A.
   Composition. The Governing Body shall consist of a mayor elected by the City as a whole and ten (10) council members elected by wards; provided, for purposes of the City elections in 2003 and thereafter, the Governing Body shall consist of a mayor elected by the City as a whole and twelve (12) council members elected by wards. Each ward shall be represented by two council members.
2. B.
   Eligibility. The mayor and each council member shall be a citizen of the United States and a qualified elector of Overland Park, Kansas, and must reside in the City at the time of filing for election and thereafter for the duration of their terms. Council members from wards shall be residents of their respective wards at the time of filing for election and thereafter for the duration of their terms, unless removal from the ward is the result of reapportionment.

SECTION 2. Existing Section 1 of Charter Ordinance No. Seventy-Seven is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than twothirds of the members elect voting in favor thereof the 9th day of September, 2002.

Ed Eilert, Mayor

ATTEST:

Marian Cook, City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Published: 9-13-02

9-20-02

Effective: 11-20-02

Entire ordinance repealed by Charter Ordinance No. Eighty-Four.

Effective on: 1/1/1901

Charter Ordinance No. Eighty-Two (Repealed by Chapter 201 of the 2005 Session Laws of Kansas)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 41-712 PROHIBITING ALCOHOLIC LIQUOR SALE ON SUNDAY AND CERTAIN HOLIDAYS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT ALLOWING ALCOHOLIC LIQUOR SALES ON SUNDAY AND CERTAIN HOLIDAYS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. That the Governing Body of the City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas hereby elects and exempts itself from and makes inapplicable to it, the provisions of K.S.A. 41-712, which applies to this city but is part of an enactment commonly known as the Kansas Liquor Control Act, as enacted in Chapter 242 of the Session Laws of 1949, which enactment applies to this city but does not apply uniformly to all cities relating to the sale of alcoholic liquor on Sunday and certain holidays and hereby provides substitute and additional provisions as hereinafter set forth.

SECTION 2. The following is hereby substituted for the provisions of K.S.A. 41-712, as amended:

Sale at retail; forbidden on certain days; hours of sale, exception. No person shall sell at retail any alcoholic liquor: (1) on Thanksgiving Day or Christmas Day; or (2) before 9:00 a.m. or after 11:00 p.m. Monday through Saturday; or (3) before 11:00 a.m. or after 8:00 p.m. on Sunday.

SECTION 3. This ordinance shall be published once each week for two (2) consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF THE 19th DAY OF MAY, 2003.

Ed Eilert, Mayor

ATTEST:

Marian Cook

City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 5/19/03

Published: 5/22/03

5/29/03

Effective: 7/29/03

Entire ordinance was repealed by Chapter 201 of the 2005 Session Laws of Kansas, effective November 15, 2005.

Effective on: 1/1/1901

Charter Ordinance No. Eighty-Three

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS,

FROM SECTIONS 13-14a01, 13-14a02, 13-14a03, 13-14a04, 13-14a05, 13-14a06, 13-14a07, 13-14a08, 13-14a09, 13-14a11, 13-14a12, AND 13-14a13 OF THE KANSAS STATUTES ANNOTATED PERTAINING TO FIRE AND POLICE DEPARTMENT RETIREMENT SYSTEMS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT AND REPEALING OVERLAND PARK CHARTER ORDINANCE NUMBER TWENTY- SEVEN.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the state of Kansas, hereby elects to exempt itself from and make inapplicable to it Sections 13-14a0l, 13-14a02, 13-14a03, 13-14a04, 13-14a05, 13-14a06, 13-14a07, 13-14a08, 13-14a09, 13-14a11, 13-14a12, and 13-14a13 of the Kansas Statutes Annotated and provide substitute and additional provisions therefor; Said sections relate to Fire and Police Department Retirement Systems, an enactment of the legislature which is applicable to the City of Overland Park, but not uniformly applicable to all cities.

SECTION 2. The Overland Park, Kansas, Police Department Retirement Plan (the “Police Department Plan”) and the Overland Park, Kansas, Police Department Retirement Trust Agreement (the “Police Department Trust Agreement”), as previously established under authority of Overland Park Charter Ordinance Number Eight and Overland Park Ordinances PEN-497, PEN-497A, PEN-497B and PEN-842 and reestablished by Charter Ordinance Number Twenty Seven, are hereby further reestablished and reaffirmed.

The Overland Park, Kansas, Fire Department Retirement Plan, as originally established by the Overland Park Fire Department, Incorporated, as of January 1, 1969, subsequently amended and restated by the Overland Park Fire Department, Incorporated, and then assumed by the City of Overland Park, Kansas, as of September 1, 2003 (the “Fire Department Plan”), and the Overland Park, Kansas, Fire Department Retirement Trust, as established by the Overland Park Fire Department, Incorporated, and then assumed, amended, and restated by the City of Overland Park, Kansas, as of September 1, 2003 (the “Fire Department Trust Agreement”), are hereby reestablished and reaffirmed.

The Governing Body is authorized to amend, by resolution, either the Police Department Plan or Trust Agreement or the Fire Department Plan or Trust Agreement, provided that such amendments shall not conflict with any provisions of this Charter Ordinance.

SECTION 3.

1. A.
   Police Department Trust Agreement. There shall be five trustees to act as provided in the Police Department Trust Agreement. The Mayor shall appoint three trustees, although the appointment of two trustees shall be with the consent of the City Council. The three trustees to be appointed by the Mayor shall be residents of the City of Overland Park, Kansas. Beginning in 1982, such trustees shall be appointed for designated terms of three years, two years, and one year and until their successors are appointed and qualified. In years after 1982, each appointed trustee shall serve three years and until his or her successor is appointed and qualified.

   Two additional trustees shall be elected from among the participating membership of the Police Department Retirement Plan, by a majority vote of the members of the Plan casting ballots. In 1982, trustees elected by the participating members shall serve for specified terms of two years and three years and until their successors are appointed and qualified. At each future election, a trustee elected by the participating members shall serve for a period of three years and until his or her successor is appointed and qualified.

   The term of each trustee of the Police Department Trust Agreement shall commence on the second Tuesday of April following his or her appointment or election. Other provisions concerning the appointment, election, resignation, or removal of a trustee may be specified in the Police Department Trust Agreement, so long as such provisions do not conflict with any provisions of this Charter Ordinance.

2. B.
   Fire Department Trust Agreement. There shall be five trustees to act as provided in the Fire Department Trust Agreement. The Mayor shall appoint three trustees, although the appointment of two such trustees shall be with the consent of the City Council. The three trustees to be appointed by the Mayor shall be residents of the City of Overland Park, Kansas. Effective as of September 1, 2003, such trustees shall be appointed for designated terms of three years, two years, and one year and until their successors are appointed and qualified. In years after 2003, each appointed trustee shall serve three years and until his or her successor is appointed and qualified.

   Two additional trustees shall be elected from among the participating membership of the Fire Department Retirement Plan, by a majority vote of the members of the Plan casting ballots. Such trustees in office as of September 1, 2003, shall serve remaining terms of two years and one year and until their successors are elected and qualified. In future years, a trustee elected by the participating members shall serve for a period of three years and until his or her successor is elected and qualified.

   The term of each trustee of the Fire Department Trust Agreement shall commence immediately upon such trustee’s acceptance of his or her appointment or election. Other provisions concerning the appointment, election, resignation, or removal of a trustee may be specified in the Fire Department Trust Agreement, so long as such provisions do not conflict with any provisions of this Charter Ordinance.

SECTION 4. One or more policies providing disability income and life insurance for the benefit of police officers, fire fighters and their dependents shall be purchased and maintained to supplement the provisions of the Police Department Plan, the Fire Department Plan, and their related Trust Agreements.

SECTION 5. For the purpose of funding the Plans and purchasing any insurance described in Section 4 of this Charter Ordinance, the City shall make annual contributions from the General Fund. Said contributions shall be made in compliance with K.S.A. 2002 Supp. 12-5002 or any amendments thereto, and shall be maintained in order to fund the Plans on an actuarially-sound basis.

In addition thereto, funds shall be utilized for the Plans and said insurance which are obtained by gifts, grants, bequests, gratuities and proceeds from lost or stolen securities, money or personal property which shall remain unclaimed in the possession of the City for six months, together with the proceeds of all unclaimed or confiscated property of any nature which shall have been in the possession of the City for a period of six months, and the City is hereby authorized to sell at public auction any such lost, stolen or unclaimed property.

SECTION 6. Payments upon retirement, discharge, disability, or death to any member or beneficiary of the Police Department Plan or the Fire Department Plan shall be established and paid out in accordance with the terms of the Plans and the Trust Agreements.

SECTION 7. Existing Overland Park Charter Ordinance Number Twenty-Seven is hereby repealed.

SECTION 8. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 9. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless within 60 days of its final publication a petition signed by a number of electors of the city of overland park equal to not less than ten percent of the number of electors who voted at the last preceding regular city election shall be filed in the office of the city clerk of overland park demanding an election on the charter ordinance in which case the charter ordinance shall become effective only if and when approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members-elect voting in favor thereof the 11th day of August, 2003.

Ed Eilert, Mayor

ATTEST:

Marian Cook

City Clerk

APPROVED AS TO FORM:

Michael R. Santos

Senior Assistant City Attorney

Passed: 8/11/03

Published: 8/14/03

8/21/03

Effective: 10/21/03

Entire ordinance repealed by Charter Ordinance No. Ninety-Two

Effective on: 1/1/1901

Charter Ordinance No. Eighty-Four (repealed by Ch. Ord. No. NINETY-SEVEN EFFECTIVE 12/31/2016)

(Note: All or parts of this charter ordinance have been repealed effective December 31, 2016. See notes at the end of the ordinance.)

A CHARTER ORDINANCE RELATING TO THE FORM OF GOVERNMENT OF THE CITY OF OVERLAND PARK, KANSAS; EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM K.S.A. 12-1009 THROUGH 12-1015, 12-1036a. THROUGH 12-1036h., 25-2107, 25-2108a., 25-2109, AND 25-2113; REPEALING CHARTER ORDINANCE NUMBERS THIRTY-FOUR, FORTY, FORTY-THREE, SEVENTY-THREE, SEVENTY-SIX, SEVENTY-SEVEN, SEVENTY-EIGHT AND EIGHTY-ONE AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ESTABLISHING A MAYOR-COUNCIL-MANAGER FORM OF GOVERNMENT FOR THE CITY OF OVERLAND PARK, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

Article I. Statutes made inapplicable.

The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1009 through 12-1015, 12-1036a. through 12-1036h., 25-2107, 25-2108a., 25-2109, and 25-2113, and provide substitute and additional provisions as hereinafter set forth in this charter ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this city but are not applicable uniformly to all cities.

Article II. City council, mayor and council president.

Section 2.1. Composition and eligibility.

1. A.
   Composition. The governing body shall consist of a mayor elected by the city as a whole and twelve (12) council members elected by wards. Each ward shall be represented by two council members.
2. B.
   Eligibility. The mayor and each council member shall be a citizen of the United States and a qualified elector of Overland Park, Kansas, and must reside in the city at the time of filing for election and thereafter for the duration of their terms. Council members from wards shall be residents of their respective wards at the time of filing for election and thereafter for the duration of their terms unless removal from the ward is the result of reapportionment.

Section 2.2. Elections and terms.

1. A.
   Nonpartisan elections. City elections shall be nonpartisan. Laws applicable to elections occurring at the same time as city elections shall apply to city elections to the extent that the same are not in conflict with the provisions of Article 21 of Chapter 25 of the Kansas Statutes Annotated.
2. B.
   Date of primary and general city elections. The primary election of the city officers shall be held on the Tuesday preceding by five weeks the first Tuesday in April of every odd-numbered year. The general election of the city officers shall be held on the first Tuesday in April of every odd-numbered year. Both elections shall be conducted in the manner prescribed in this charter ordinance and applicable state law.
3. C.
   Filing deadlines for city elections. The filing deadline for all city elections shall be twelve noon of the Tuesday preceding by ten weeks the first Tuesday of April of each election year.
4. D.
   Procedure for conduct of primary city elections.

   1. 1.
      In 2005 and in each subsequent year in which the term of the mayor expires, if no more than two (2) candidates have filed for the office of mayor, both such candidates shall automatically be listed on the general city election ballot; but if more than two (2) candidates have filed for the office of mayor, a primary city election at large shall be held for the nomination of two (2) candidates for the office. Each qualified elector of the city shall be entitled to vote for one (1) candidate. The two (2) candidates receiving the highest number of votes cast shall be placed on the general city election ballot as the candidates nominated for election as mayor.
   2. 2.
      In 2005 and in each subsequent year in which the term of a council member expires, if no more than two (2) candidates have filed for the office of council member to be filled, both such candidates shall automatically be listed on the general city election ballot; but if more than two (2) candidates have filed for the office of council member to be filled, a primary city election shall be held within each such ward for the nomination of two (2) candidates from that ward. Each qualified elector who is a resident of the ward shall be entitled to vote for one (1) candidate from his or her ward. The two (2) candidates from each such ward receiving the highest number of votes cast shall be placed on the general city election ballot as the candidates nominated for election from the ward.
5. E.
   Procedure for conduct of general city elections.

   1. 1.
      In the general city election in 2005 and in each subsequent year in which the term of the mayor expires, all qualified electors of the city shall be entitled to vote on the election of the mayor. Of the candidate or candidates nominated or automatically listed for the office of mayor, the candidate receiving the highest number of votes in the general city election shall be elected as mayor.
   2. 2.
      In the general city election in 2005 and in each subsequent year in which the term of a council member expires, all qualified electors of the ward shall be entitled to vote on the election of the council member from that ward. Of the two (2) candidates nominated or automatically listed from each ward, the candidate receiving the highest number of votes in the general city election shall be elected as council member from the ward.
6. F.
   Terms of office.

   1. 1.
      The incumbent members of the governing body shall continue in office for the duration of their terms as heretofore established.
   2. 2.
      At the primary and general city elections held in 2005 the position of mayor shall be filled by election, and the person so elected in 2005 shall succeed to the position of mayor. The person elected as mayor in 2005 and in subsequent elections shall hold the position of mayor for a term of four (4) years and until the person’s successor has been duly elected and qualified.
   3. 3.
      At the primary and general city elections held in 2005 all council member positions which were last filled by election in 2001 and the Ward Six council member position filled for an initial two-year term in 2003, shall be filled by election, and those persons so elected in 2005 shall succeed to those council member positions. Those persons elected as council members in 2005, and in subsequent elections, shall hold their positions for a term of four (4) years and until their successors are duly elected and qualified.
   4. 4.
      At the primary and general city elections held in 2007 all council member positions which were last filled by election in 2003 except for the Ward Six council member position filled for an initial two-year term in 2003 shall be filled by election. Those persons elected as council members in 2007, and in subsequent elections, shall hold their positions for a term of four (4) years and until their successors are duly elected and qualified.

*Section 2.3. Wards.

1. A.
   Number of wards. The city shall be divided into six wards numbered one through six for purposes of the city elections held in 2003 and thereafter.
2. B.
   Ward boundaries. Dividing lines between wards shall follow precinct boundaries established by the Johnson County Election Commissioner. The governing body of the city shall, by ordinance, adjust the ward boundaries to reflect approximately equal population effective in December of 2004. The governing body of the city may likewise adjust ward boundaries effective in December every two years thereafter but shall adjust the boundaries effective in December every four years thereafter. The governing body shall certify the boundaries so adjusted to the Johnson County Election Commissioner.

Section 2.4. Council president, election of, powers and duties.

1. A.
   On the second Monday after the first Tuesday in the month of April of each year, the council shall elect, by seven (7) affirmative votes cast by signed written ballot, one of its members as president of the council who, in the absence or disability of the mayor shall become acting mayor. Abstentions and blanks shall not be counted as votes cast. Such council member shall retain all his voting rights and other prerogatives as council member while acting as mayor.
2. B.
   Whenever the council president succeeds to the office of mayor pursuant to Section 2.5 B, below, the remaining membership of the council shall elect a new council president in the manner set out in Section 2.4 A, above.

**Section 2.5. Filling vacancies in office of mayor and council member.

1. A.
   The mayor and council members shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the position of mayor, the president of the council, upon being qualified, shall become mayor. If such vacancy occurs before January 1 of an odd-numbered year leaving an unexpired term of more than two (2) years from said January 1, such successor shall serve in such position until a special election is held at the same time as the next regular city primary and general election. Such special election shall be held for the purpose of electing a replacement mayor to serve in such position for the remainder of the unexpired term. Such special election shall be held in the same manner as if the term were expiring and the term of the successor shall end upon election of a mayor for the unexpired term. In all other cases, the successor shall serve the remainder of the unexpired term.
2. B.
   When the president of the council becomes mayor, there shall be a vacancy in the position of council president, which shall be filled by the remaining members of the council pursuant to Section 2.4, above, no later than the first regular council meeting following the date of occurrence of the vacancy. When the president of the council becomes mayor, there also shall be a vacancy in such council member's position on the council. Whenever a vacancy occurs for any reason in the position of council member, a screening committee composed of the mayor, president of the council and chair of the Finance, Administration and Economic Development Committee of the council shall recommend to the remaining members of the committee of the whole of the council and the mayor not to exceed two (2) persons as potential replacements within thirty (30) days from the date the vacancy is declared to have occurred by the members of the council remaining after the vacancy. The remaining members of the council and the mayor shall so declare a vacancy to have occurred at the first regular council meeting following the date of occurrence of the vacancy. Upon receipt of such recommendation from the screening committee, the committee of the whole of the council, by majority vote of the remaining members thereof and the mayor, may recommend to the remaining members of the council and the mayor either recommended replacement or may reject both such recommended replacements. Should the remaining members of the committee of the whole of the council and the mayor reject both such recommended replacements, the screening committee shall make a second recommendation of not to exceed two (2) persons other than the two persons originally recommended, as potential replacements for consideration by the remaining members of the committee of the whole of the council and the mayor within fifteen (15) days of such rejection. Upon receipt of the second recommendation from the screening committee, the committee of the whole of the council, by majority vote of the remaining members thereof and the mayor, may recommend to the remaining members of the council and the mayor either such recommended replacement or may reject both such recommended replacements. Should the remaining members of the committee of the whole of the council and the mayor reject both such recommended replacements, the council, by majority vote of the remaining members thereof and the mayor, shall appoint an elector qualified to fill the vacant position.
3. C.
   If such vacancy occurs in the position of council member before January 1 of an odd-numbered year leaving an unexpired term of more than two (2) years from said January 1, such appointed replacement shall serve in such position until a special election is held at the same time as the next regular city primary and general election. Such special election shall be held for the purpose of electing a replacement to serve in such position for the remainder of the unexpired term. Such special election shall be held in the same manner as if the term were expiring and the term of the appointed member, if any, shall end upon election of a member for the unexpired term. In all other cases, the appointed replacement shall serve the remainder of the unexpired term.

Section 2.6. General powers and duties of the governing body; voting.

1. A.
   General powers and duties. All powers of the city shall be vested in the governing body, except as the Constitution and Statutes of Kansas or this or other charter ordinances may provide otherwise. The governing body shall provide for the performance of all duties and obligations imposed on the city by law.
2. B.
   Voting.

   1. 1.
      Any ordinance shall be passed by an affirmative vote of seven (7) council members unless a greater number of votes are specifically required by another provision of law; provided, that where the number of favorable votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the ordinance.
   2. 2.
      Any resolution, motion or any other action of the governing body except charter ordinances, upon which the mayor's vote shall be counted on every occasion, and except as otherwise provided herein or by law, shall be passed at a meeting at which a quorum is present if more than half of the votes cast by council members are affirmative votes; provided, that abstentions shall not be counted as votes cast and where the number of affirmative votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the resolution, motion or other action.

Section 2.7. Powers and duties of the mayor.

The mayor shall be the titular head of the city and shall preside at all meetings of the council. The mayor shall sign all ordinances and resolutions passed by the council; provided, that the mayor shall have the power to veto any ordinance or resolution passed by the council, except the mayor shall have no power to veto a charter ordinance, or appointments by the council for vacancies on the council. Any ordinance or resolution vetoed by the mayor may be passed over the veto by the vote of two-thirds of the whole number of the council members-elect, notwithstanding the veto; and if the mayor has failed to sign or veto such ordinance or resolution by the first regular meeting following the adoption of such ordinance or resolution, the same shall take effect without the mayor’s signature. It shall be the duty of the mayor to sign all contracts and agreements authorized by the governing body, except those contracts and agreements designated by the governing body to be entered into and signed by the city manager or his/her designee. The mayor shall represent the city governing body at all official city functions and shall be the official representative of the governing body at all meetings, conferences and negotiations relating to policy matters involving other governmental units and shall recommend council action relating thereto. The mayor shall be the official representative of the governing body at all conferences and meetings with citizens' groups and organizations interested in promoting the welfare and development of the city and shall recommend council action relative thereto. The mayor may annually communicate to the council in writing such information as he or she may possess with reference to the condition of the city, and recommend such measures as he or she may deem necessary and expedient. The mayor may inform the council concerning questions of policy and may make policy recommendations to the council.

Article III. City manager.

Section 3.1. In general.

The governing body and the city manager shall be governed by the provisions of K.S.A. 12-1009 to 12-1013, both sections inclusive, and K.S.A. 12-1015, and any amendments thereto, in the organization and administration of the city.

Section 3.2. Powers and duties of the city manager.

The city manager shall be responsible for the administration of all of the affairs of the city. The city manager shall see that the laws and ordinances of the city are enforced.

The city manager shall have the authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove all heads of departments, and all subordinate officers and employees of the city. All such appointments shall be made upon merit and fitness alone. Provided that, the city manager may delegate at his or her discretion such authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove subordinate officers and employees of the city to department directors and division heads. In addition, the city manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. The city manager shall prepare and submit the annual budget to the governing body and also keep the city fully advised as to the financial conditions and needs of the city. The city manager may make recommendations to the governing body on all matters concerning the welfare of the city and shall have a seat, but no vote, in all of the public meetings of the governing body. The city manager, or his/her designee, may enter into, execute, approve and accept, on behalf of the city, all contracts, agreements and other documents as designated by the governing body.

Article IV. Civil service commission.

Notwithstanding the provisions of Article III, above, the city shall have a civil service commission and such civil service commission shall have the jurisdiction, powers, duties and responsibilities as set forth in the ordinary ordinances of the city.

Article V. Repeal of charter ordinances.

That Charter Ordinance Nos. Thirty-Four, Forty, Forty-Three, Seventy-Three, Seventy-Six, Seventy-Seven, Seventy-Eight and Eighty-One be and the same are hereby repealed.

Article VI. Severability.

It is hereby declared to be the intention of the governing body that the sections, subsections, paragraphs, sentences, clauses and phrases of this charter ordinance are severable, and if any phrase, clause, sentence, paragraph, subsection or section of this charter ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, subsections and sections of this charter ordinance, since the same would have been enacted by the governing body without the incorporation into this charter ordinance of any unconstitutional or otherwise invalid phrase, clause, sentence, paragraph, subsection or section.

Article VII. Publication.

This charter ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

Article VIII. Effectiveness.

THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 3rd day of November, 2003.

Ed Eilert, Mayor

ATTEST:

Marian Cook

City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: November 3, 2003

Published: November 6, 2003

November 13, 2003

61 days: January 13, 2004

Effective: January 13, 2004

*Section 2.3 is repealed by Charter Ordinance No. Eighty-Six.

**Section 2.5 is repealed by Charter Ordinance No. Eighty-Nine.

***Entire Charter Ordinance repealed by Charter Ordinance No. Ninety-Seven.

Effective on: 1/1/1901

Charter Ordinance No. Eighty-Five

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4209, AS AMENDED BY SECTION 3 OF CHAPTER 71, 2004 SESSION LAWS OF KANSAS; K.S.A. 12-4213, AS AMENDED BY SECTION 4 OF CHAPTER 71, 2004 SESSION LAWS OF KANSAS; K.S.A. 12-4301, K.S.A. 12-4501, PERTAINING TO THE KANSAS CODE OF PROCEDURE FOR MUNICIPAL COURTS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. That the Governing Body of the City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby elects to exempt itself and make inapplicable to it the provisions of K.S.A. 12-4209, as amended by Section 3 of Chapter 71, 2004 Session Laws of Kansas; K.S.A. 12-4213, as amended by Section 4 of Chapter 71, 2004 Session Laws of Kansas; K.S.A. 12-4301, K.S.A. 12-4501; and hereby provides substitute and additional provisions as hereinafter set forth in Section 2 of this Charter Ordinance. Such referenced provisions are part of the Kansas Code of Procedure for Municipal Courts, an enactment of the legislature which is applicable to the City of Overland Park, but not uniformly applicable to all cities.

SECTION 2. Substitute and additional provisions on the subjects addressed by K.S.A. 12-4209, as amended by Section 3 of Chapter 71, 2004 Session Laws of Kansas; K.S.A. 12-4213, as amended by Section 4 of Chapter 71, 2004 Session Laws of Kansas; K.S.A. 12-4301 and K.S.A. 12-4501 will be contained in an ordinary ordinance.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless within 60 days of its final publication a petition signed by a number of electors of the city of overland park equal to not less than ten percent of the number of electors who voted at the last preceding regular city election shall be filed in the office of the city clerk of overland park demanding an election on the charter ordinance in which case the charter ordinance shall become effective only if and when approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members-elect voting in favor thereof the 12th day of July, 2004.

Ed Eilert, Mayor

ATTEST:

Marian Cook

City Clerk

APPROVED AS TO FORM:

Michael R. Santos

Senior Assistant City Attorney

Passed: July 12, 2004

Published: July 15, 2004

July 22, 2004

Effective: September 21, 2004

Effective on: 1/1/1901

Charter Ordinance No. Eighty-Six (REPEALED BY CH. ORD. NO. NINETY-SEVEN EFFECTIVE 12/31/2016)

(Note: All or parts of this charter ordinance have been repealed effective December 31, 2016. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING EXISTING SECTION 2.3 OF CHARTER ORDINANCE NO. EIGHTY-FOUR RELATING TO WARD BOUNDARIES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 2.3 of Charter Ordinance No. Eighty-Four of the City of Overland Park be and the same is hereby amended to read as follows:

Section 2.3. Wards.

1. A.
   Number of Wards. The city shall be divided into six wards numbered one through six for purposes of the city elections held in 2003 and thereafter.
2. B.
   Ward Boundaries. Dividing lines between wards shall follow precinct boundaries established by the Johnson County Election Commissioner. The governing body of the city may, by ordinance, adjust the ward boundaries to reflect approximately equal population effective in December of any even-numbered year. The governing body shall, by ordinance, adjust the ward boundaries to reflect approximately equal population effective in December of every even-numbered year in which the maximum population deviation equals or exceeds 10%. The governing body shall certify the boundaries so adjusted to the Johnson County Election Commissioner.

SECTION 2. Existing Section 2.3 of Charter Ordinance No. Eighty-Four is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 11th day of October, 2004.

Ed Eilert, Mayor

ATTEST:

Marian Cook

City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

*Entire Charter Ordinance repealed by Charter Ordinance No. Ninety-Seven.

Passed: 10-11-04

Published: 10-14-04

10-21-04

61 days: 12-21-04

Effective: 12-21-04

Effective on: 1/1/1901

Charter Ordinance No. Eighty-Seven (Repealed by Chapter 205 of the 2005 Session Laws of Kansas)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE AMENDING AND REPEALING EXISTING SECTION 2 OF CHARTER ORDINANCE NO. SIXTY-FOUR RELATING TO PROHIBITION OF CERTAIN EXCISE TAXES; AND PROVIDING A SUBSTITUTE AND ADDITIONAL PROVISION AUTHORIZING THE CITY OF OVERLAND PARK, KANSAS, TO LEVY AN EXCISE TAX ON THE ACT OF PLATTING REAL PROPERTY IN THE CITY, TO GRANT CREDITS AGAINST EXCISE TAXES PAID ON THE ACT OF PLATTING REAL PROPERTY IN THE CITY FOR CONTRIBUTIONS PREVIOUSLY MADE FOR THOROUGHFARE IMPROVEMENTS, TO GRANT EXEMPTIONS, TO LEVY AN EXCISE TAX ON ADMISSIONS TO EVENTS TO BE HELD IN AN ARENA TO BE CONSTRUCTED AND OWNED BY THE CITY ON LAND TO BE OWNED BY THE CITY ON THE NORTH SIDE OF 115TH STREET EAST OF METCALF AVENUE, AND TO LEVY AN EXCISE TAX ON CONCESSION SERVICES AND FOOD AND BEVERAGE SERVICES SOLD IN AN ARENA TO BE CONSTRUCTED AND OWNED BY THE CITY ON LAND TO BE OWNED BY THE CITY ON THE NORTH SIDE OF 115TH STREET EAST OF METCALF AVENUE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 2 of Charter Ordinance No. Sixty-Four of the City of Overland Park be and the same is hereby amended to read as follows:

No city or county shall levy or impose an excise tax or a tax in the nature of an excise, other than a retailers’ sales tax and a compensating use tax, upon the sale or transfer of personal or real property, or the use thereof, or the rendering of a service, but the provisions of this section shall not be construed as prohibiting any city from (a) contracting with a utility for a fixed charge based upon a percentage of gross receipts derived from the service permitted by grant, right, privilege or franchise to such utility; (b) imposing an occupational tax or license fee for the privilege of engaging in any business, trade, occupation or profession, or rendering or furnishing any service, but the determination of any such license fee shall not be based upon any amount the licensee has received from the sale or transfer of personal or real property, or for the rendering or furnishing of a service, or on the income of the licensee; (c) levying any occupation tax or license fee imposed by such city prior to the effective date of this act; (d) levying an excise tax on the act of platting real property in the city, granting credits against excise taxes paid on the act of platting real property in the city for contributions previously made for thoroughfare improvements, and granting exemptions; (e) levying an excise tax on admissions to events to be held in an arena to be constructed and owned by the city on land to be owned by the city on the north side of 115th Street east of Metcalf Avenue; or (f) levying an excise tax on

concession services and food and beverage services sold within an arena to be constructed and owned by the city on land to be owned by the city on the north side of 115th Street east of Metcalf Avenue. No license fee described in subsection (b) of this section shall be imposed upon any utility contracting with and subject to a charge, described in subsection (a) of this section, by such city.

SECTION 2. Existing Section 2 of Charter Ordinance No. Sixty-Four is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 18th day of October, 2004.

Ed Eilert, Mayor

ATTEST:

Marian Cook

City Clerk

APPROVED AS TO FORM:

Robert J. Watson

City Attorney

Passed: 10-18-04

Published: 10-21-04

10-28-04

61 days 12-28-04

Effective: 12-28-04

*Entire Ordinance was repealed by Chapter 204 of the 2005 Session Laws of Kansas, effective July 1, 2006.

Effective on: 1/1/1901

Charter Ordinance No. Eighty-Eight

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTION 12-1036e OF THE KANSAS STATUTES ANNOTATED; PROVIDING SUBSTITUTE PROVISIONS ON THE SALARIES OF THE MAYOR AND CITY COUNCIL MEMBERS; PROVIDING FOR MAYOR AND COUNCIL MEMBER BENEFITS AND ALLOWANCES; AND REPEALING CHARTER ORDINANCE NO. EIGHTY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council-City Manager city of the first class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and make inapplicable to it, Section 12-1036e of the Kansas Statutes Annotated, which law applies only to Mayor-Council-City Manager cities of the first class, and to provide substitute provisions as herein provided.

SECTION 2. Commencing January 1, 2002, the salary of each City Council Member shall be an amount not to exceed $12,000 per year, payable monthly.

SECTION 3. Commencing January 1, 2002, the City Council Member who serves as President of the Council also shall receive an additional amount not to exceed $2,400 per year, payable monthly while serving in that capacity.

SECTION 4. Commencing January 1, 2002, the salary of the Mayor shall be an amount not to exceed $24,000 per year, payable monthly.

SECTION 5. The procedure for determining the amount of the salary of each Council Member, the President of the Council and the Mayor, up to the not to exceed amount, shall be determined by resolution of the governing body.

SECTION 6. The not to exceed amount of the salaries of the Council Members, President of the Council and Mayor shall be reviewed at least once every four years.

SECTION 7. Effective May 1, 2006, the Mayor shall continue to receive a monthly “automobile expense allowance” of $400 and the Council President and Council members shall receive a monthly “automobile expense allowance” of $100. In addition to the monthly “automobile expense allowance,” the Mayor, Council President and Council members may also receive a mileage reimbursement for “long distance trips.” Reimbursement for such “long distance trips” shall be subject to the same standards, limitations and rates applicable to the reimbursement of

City employees who receive automobile allowances for comparable long distance mileage expenses at the time the Mayor, Council President or Council members submit a request for reimbursement for such “long distance trips.”

SECTION 8. Members of the Governing Body may choose not to receive the monthly “automobile expense allowance.” Members of the Governing Body who choose not to receive the “automobile expense allowance” shall continue to be eligible to submit documented receipts and statements for mileage reimbursement in accordance with existing City policy.

SECTION 9. Future changes in the amount of the “automobile expense allowance” shall be established by ordinary ordinance.

SECTION 10. Governing Body benefits not related to salary or expense allowances shall be established by resolution of the Governing Body.

SECTION 11. Charter Ordinance No. Eighty is hereby repealed.

SECTION 12. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 13. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL, PUBLICATION A PETITION-SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 6th day of February, 2006.

(s) Carl Gerlach

ATTEST: Carl Gerlach, Mayor

(s) Marian Cook

Marian CookCity Clerk

APPROVED AS TO FORM: Passed: 2/6/06

(s) Michael R. Santos Published: 2/9/06 and 2/16/06

Michael R. Santos 61 days: 4/18/06

Senior Assistant City Attorney Effective: 4/18/06

Entire ordinance repealed by Charter Ordinance No. Ninety-Six

Effective on: 1/1/1901

Charter Ordinance No. Eighty-Nine (REPEALED BY CH. ORD. NO. NINETY-SEVEN EFFECTIVE 12/31/2016)

(Note: All or parts of this charter ordinance have been repealed effective December 31, 2016. See notes at the end of the ordinance.)

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 2.5 of Charter Ordinance No. Eighty-Four of the City of Overland Park be and the same is hereby amended to read as follows:

Section 2.5. Filling vacancies in office of mayor and council member.

1. A.
   The mayor and council members shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the position of mayor, the president of the council shall serve as acting Mayor until the Council elects a member to serve as Mayor. The Council shall elect a member to serve as Mayor within thirty days of the vacancy in the office of Mayor. If such vacancy occurs before January 1 of an odd-numbered year leaving an unexpired term of more than two (2) years from said January 1, such successor shall serve in such position until a special election is held at the same time as the next regular city primary and general election. Such special election shall be held for the purpose of electing a replacement mayor to serve in such position for the remainder of the unexpired term. Such special election shall be held in the same manner as if the term were expiring and the term of the successor shall end upon election of a mayor for the unexpired term. In all other cases, the successor shall serve the remainder of the unexpired term. Any vacancy on the Council created by the Council’s election of a member to the position of Mayor would be filled in accordance with the provisions of this Section
2. B.
   Should the president of the council be elected mayor in accordance with the provisions of this Section, there shall be a vacancy in the position of council president, which shall be filled by the remaining members of the council pursuant to Section 2.4, above, no later than the first regular council meeting following the date of occurrence of the vacancy. When the president of the council becomes mayor, there also shall be a vacancy in such council member's position on the council. Whenever a vacancy occurs for any reason in the position of council member, a screening committee composed of the mayor, president of the council and chair of the Finance, Administration and Economic Development Committee of the council shall recommend to the remaining members of the committee of the whole of the council and the mayor not to exceed two (2) persons as potential replacements within thirty (30) days from the date the vacancy is declared to have occurred by the members of the council remaining after the vacancy. The remaining members of the council and the mayor shall so declare a vacancy to have occurred at the first regular council meeting following the date of occurrence of the vacancy. Upon receipt of such recommendation from the screening committee, the committee of the whole of the council, by majority vote of the remaining members thereof and the mayor, may recommend to the remaining members of the council and the mayor either recommended replacement or may reject both such recommended replacements. Should the remaining members of the committee of the whole of the council and the mayor reject both such recommended replacements, the screening committee shall make a second recommendation of not to exceed two (2) persons other than the two persons originally recommended, as potential replacements for consideration by the remaining members of the committee of the whole of the council and the mayor within fifteen (15) days of such rejection. Upon receipt of the second recommendation from the screening committee, the committee of the whole of the council, by majority vote of the remaining members thereof and the mayor, may recommend to the remaining members of the council and the mayor either such recommended replacement or may reject both such recommended replacements. Should the remaining members of the committee of the whole of the council and the mayor reject both such recommended replacements, the council, by majority vote of the remaining members thereof and the mayor, shall appoint an elector qualified to fill the vacant position.
3. C.
   If such vacancy occurs in the position of council member before January 1 of an odd-numbered year leaving an unexpired term of more than two (2) years from said January 1, such appointed replacement shall serve in such position until a special election is held at the same time as the next regular city primary and general election. Such special election shall be held for the purpose of electing a replacement to serve in such position for the remainder of the unexpired term. Such special election shall be held in the same manner as if the term were expiring and the term of the appointed member, if any, shall end upon election of a member for the unexpired term. In all other cases, the appointed replacement shall serve the remainder of the unexpired term.

SECTION 2. Existing Section 2.5 of Charter Ordinance No. Eighty-Four is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Overland Park Sun, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 16th day of October, 2006.

(s) Carl Gerlach

Carl Gerlach, Mayor

ATTEST:

(s) Marian Cook

Marian Cook

City Clerk

APPROVED AS TO FORM:

(s) Robert J. Watson

Robert J. Watson

City Attorney

*Entire Charter Ordinance repealed by Charter Ordinance No. Ninety-Seven.

Passed: October 16, 2006

Published: October 26, 2006

November 9, 2006

November 16, 2006

61 days: January 16, 2007

Effective: January 16, 2007

Effective on: 1/1/1901

Charter Ordinance No. Ninety

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK FROM K.S.A. 64-101 WHICH RELATES TO THE QUALIFICATIONS AND METHOD OF DESIGNATING OFFICIAL CITY NEWSPAPERS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NO. FORTY-FIVE OF THE CITY OF OVERLAND PARK, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 64-101 which relates to the qualifications and method of designating official City newspapers and hereby provides substitute and additional provisions as set forth herein. Such referenced statute, K.S.A. 64-101 is applicable to this City but is not uniformly applicable to all cities.

SECTION 2. No legal notices, advertisements, or publications of any kind required or provided by any of the laws of Kansas or the City of Overland Park, Kansas, to be published in a newspaper shall have any force or effect unless the same be published in an official City newspaper.

SECTION 3. The Governing Body shall designate by resolution a newspaper or newspapers as the official City newspaper or newspapers for publication of legal notices, advertisements, or publications of any kind which may be required or provided by the laws of the state of Kansas or the City of Overland Park, Kansas, to be published in a newspaper.

SECTION 4. Any newspaper designated as an official City newspaper must meet the following qualifications:

1. a.
   It must be published at least weekly fifty (50) times a year and have been so published for at least five (5) years prior to publication of any official publication; and
2. b.
   It shall have a general circulation on a daily or weekly basis in Johnson County, Kansas, and shall not be a trade, religious or fraternal publication; and
3. c.
   It must be published in Johnson County, Kansas.

SECTION 5. Nothing in this Charter Ordinance shall invalidate the publication in any newspaper which at the time of publication had been designated as an official City newspaper.

SECTION 6. Charter Ordinance No. Forty-Five is hereby repealed.

SECTION 7. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL, PUBLICATION A PETITION-SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

SECTION 8. This ordinance shall be published once each week for two consecutive weeks in The Olathe Daily News, an official City newspaper.

PASSED by the Governing Body of the City of Overland Park, Kansas, not less than two-thirds of the members elect voting in favor thereof, this 4th day of December, 2006.

(s) Carl Gerlach

Carl Gerlach, Mayor

ATTEST:

(s) Marian Cook

Marian Cook, City Clerk

APPROVED AS TO FORM:

(s) Michael R. Santos

Michael R. Santos

Deputy City Attorney

Passed: 12/4/2006

Published: 12/7/2006

12/14/2006

61 days: 2/13/2007

Effective: 2/13/2007

Effective on: 1/1/1901

Charter Ordinance No. Ninety-One (Repealed by Ch. Ord. No. Ninety-Nine)

A CHARTER ORDINANCE AMENDING AND REPEALING EXISTING SECTION 2 OF CHARTER ORDINANCE NO. SEVENTY RELATING TO THE TRANSIENT GUEST TAX RATE AND INCREASING THE TRANSIENT GUEST TAX RATE AUTHORITY FROM 6% TO 9%.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. Section 2 of Charter Ordinance No. Seventy of the City of Overland Park, Kansas, be and the same is hereby amended to read as follows:

SECTION 2. The Governing Body of the City of Overland Park, Kansas, is hereby authorized to levy a transient guest tax at a rate not to exceed nine percent (9%) upon the gross receipts derived from or paid by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel or tourist court. The percentage of such tax shall be determined by the Governing Body and shall be specified in an ordinary ordinance authorizing the same.

SECTION 2. Existing Section 2 of Charter Ordinance No. Seventy is hereby repealed.

SECTION 3. This ordinance shall be published once each week for two consecutive weeks in The Olathe News, an official City newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 8th day of January, 2007.

(s) Carl Gerlach

Carl Gerlach, Mayor

ATTEST:

(s) Marian Cook

Marian Cook

City Clerk

APPROVED AS TO FORM:

(s) Robert J. Watson

Robert J. Watson

City Attorney

Passed: 1/8/07

Published: 1/11/07

1/18/07

Effective: 3/20/07

(History: Charter Ord. No. 99 §10, 2020)

Effective on: 1/1/1901

Charter Ordinance No. Ninety-Two (Repealed by Ch. Ord. No. 94)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS,

FROM SECTIONS 13-14a01, 13-14a02, 13-14a03, 13-14a04, 13-14a05, 13-14a06, 13-14a07, 13-14a08, 13-14a09, 13-14a11, 13-14a12, AND 13-14a13 OF THE KANSAS STATUTES ANNOTATED PERTAINING TO FIRE AND POLICE DEPARTMENT RETIREMENT SYSTEMS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT AND REPEALING OVERLAND PARK CHARTER ORDINANCE NUMBER EIGHTY-THREE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the state of Kansas, hereby elects to exempt itself from and make inapplicable to it Sections 13-14a0l, 13-14a02, 13-14a03, 13-14a04, 13-14a05, 13-14a06, 13-14a07, 13-14a08, 13-14a09, 13-14a11, 13-14a12, and 13-14a13 of the Kansas Statutes Annotated and provide substitute and additional provisions therefor; said sections relate to Fire and Police Department Retirement Systems, an enactment of the legislature which is applicable to the City of Overland Park, but not uniformly applicable to all cities.

SECTION 2. The Overland Park, Kansas, Police Department Retirement Plan (the “Police Department Plan”) and the Overland Park, Kansas, Police Department Retirement Trust Agreement (the “Police Department Trust Agreement”), as previously established under authority of Overland Park Charter Ordinance Number Eight and Overland Park Ordinances PEN-497, PEN-497A, PEN-497B and PEN-842 and reestablished by Charter Ordinance Number Twenty Seven and Charter Ordinance No. Eighty-Three are hereby further reestablished and reaffirmed.

The Overland Park, Kansas, Fire Department Retirement Plan, as originally established by the Overland Park Fire Department, Incorporated, as of January 1, 1969, subsequently amended and restated by the Overland Park Fire Department, Incorporated, and then assumed by the City of Overland Park, Kansas, as of September 1, 2003 (the “Fire Department Plan”), and the Overland Park, Kansas, Fire Department Retirement Trust, as established by the Overland Park Fire Department, Incorporated, and then assumed, amended, and restated by the City of Overland Park, Kansas, as of September 1, 2003 (the “Fire Department Trust Agreement”), and reestablished by Charter Ordinance No. Eighty-Three are hereby reestablished and reaffirmed.

The Governing Body is authorized to amend, by resolution, either the Police Department Plan or Trust Agreement or the Fire Department Plan or Trust Agreement, provided that such amendments shall not conflict with any provisions of this Charter Ordinance.

SECTION 3.

1. A.
   Police Department Trust Agreement. There shall be five trustees to act as provided in the Police Department Trust Agreement. The Mayor shall appoint three trustees, although the appointment of two trustees shall be with the consent of the City Council. Beginning in 1982, such trustees shall be appointed for designated terms of three years, two years, and one year and until their successors are appointed and qualified. In years after 1982, each appointed trustee shall serve three years and until his or her successor is appointed and qualified.

   Two additional trustees shall be elected from among the participating membership of the Police Department Retirement Plan, by a majority vote of the members of the Plan casting ballots. In 1982, trustees elected by the participating members shall serve for specified terms of two years and three years and until their successors are appointed and qualified. At each future election, a trustee elected by the participating members shall serve for a period of three years and until his or her successor is appointed and qualified.

   The term of each trustee of the Police Department Trust Agreement shall commence on the second Tuesday of April following his or her appointment or election. Other provisions concerning the appointment, election, resignation, or removal of a trustee may be specified in the Police Department Trust Agreement, so long as such provisions do not conflict with any provisions of this Charter Ordinance.

2. B.
   Fire Department Trust Agreement. There shall be five trustees to act as provided in the Fire Department Trust Agreement. The Mayor shall appoint three trustees, although the appointment of two such trustees shall be with the consent of the City Council. Effective as of September 1, 2003, such trustees shall be appointed for designated terms of three years, two years, and one year and until their successors are appointed and qualified. In years after 2003, each appointed trustee shall serve three years and until his or her successor is appointed and qualified.

   Two additional trustees shall be elected from among the participating membership of the Fire Department Retirement Plan, by a majority vote of the members of the Plan casting ballots. Such trustees in office as of September 1, 2003, shall serve remaining terms of two years and one year and until their successors are elected and qualified. In future years, a trustee elected by the participating members shall serve for a period of three years and until his or her successor is elected and qualified.

   The term of each trustee of the Fire Department Trust Agreement shall commence immediately upon such trustee’s acceptance of his or her appointment or election. Other provisions concerning the appointment, election, resignation, or removal of a trustee may be specified in the Fire Department Trust Agreement, so long as such provisions do not conflict with any provisions of this Charter Ordinance.

SECTION 4. One or more policies providing disability income and life insurance for the benefit of police officers, fire fighters and their dependents shall be purchased and maintained to supplement the provisions of the Police Department Plan, the Fire Department Plan, and their related Trust Agreements.

SECTION 5. For the purpose of funding the Plans and purchasing any insurance described in Section 4 of this Charter Ordinance, the City shall make annual contributions from the General Fund. Said contributions shall be made in compliance with K.S.A. 2002 Supp. 12-5002 or any

amendments thereto, and shall be maintained in order to fund the Plans on an actuarially-sound basis.

In addition thereto, funds shall be utilized for the Plans and said insurance which are obtained by gifts, grants, bequests, gratuities and proceeds from lost or stolen securities, money or personal property which shall remain unclaimed in the possession of the City for six months, together with the proceeds of all unclaimed or confiscated property of any nature which shall have been in the possession of the City for a period of six months, and the City is hereby authorized to sell at public auction any such lost, stolen or unclaimed property.

SECTION 6. Payments upon retirement, discharge, disability, or death to any member or beneficiary of the Police Department Plan or the Fire Department Plan shall be established and paid out in accordance with the terms of the Plans and the Trust Agreements.

SECTION 7. Existing Overland Park Charter Ordinance Number Eighty-Three is hereby repealed.

SECTION 8. This ordinance shall be published once each week for two consecutive weeks in the Overland Park Sun, an official City newspaper.

SECTION 9. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless within 60 days of its final publication a petition signed by a number of electors of the city of overland park equal to not less than ten percent of the number of electors who voted at the last preceding regular city election shall be filed in the office of the city clerk of overland park demanding an election on the charter ordinance in which case the charter ordinance shall become effective only if and when approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members-elect voting in favor thereof the 7th day of January, 2008.

Carl Gerlach, Mayor

ATTEST:

Marian Cook

City Clerk

APPROVED AS TO FORM:

Michael R. Santos

Deputy City Attorney

Passed: January 7, 2008

Published: January 10, 2008

January 17, 2008

Effective: March 18, 2008

Entire ordinance repealed by Charter Ordinance No. Ninety-Four

Effective on: 1/1/1901

Charter Ordinance No. Ninety-Three

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4202, K.S.A. 12-4203 (2007 Supp.), K.S.A. 12-4204, K.S.A.12-4205a, K.S.A. 12-4206, AND K.S.A. 12-4207 AND ANY AMENDMENTS THERETO, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SUBJECT MATTERS CONTAINED IN THESE STATUTORY PROVISIONS THROUGH THE ENACTMENT OF AN ORDINARY ORDINANCE, AND REPEALING OVERLAND PARK CHARTER ORDINANCE NUMBERS FORTY-FOUR AND SIXTY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK,

KANSAS:

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby elects to exempt itself and make inapplicable to it the provisions of K.S.A. 12-4202, K.S.A. 12-4203 (2007 Supp.), K.S.A. 12-4204, K.S.A.12-4205a, K.S.A. 12-4206, and K.S.A. 12-4207 and any amendments thereto and provides for substitute and additional provisions as hereinafter set forth in this Charter Ordinance. The above referenced statutory provisions are part of the Kansas Code of Procedure for Municipal Courts, an enactment of the legislature which is applicable to the City of Overland Park but not uniformly applicable to all cities.

SECTION 2. The Governing Body shall enact, by ordinary ordinance, substitute and additional provisions related to the subject matters contained in the statutes being chartered from.

SECTION 3. Existing Overland Park Charter Ordinance Numbers Forty-Four and Sixty are hereby repealed.

SECTION 4. This ordinance shall be published once each week for two consecutive weeks in an official City newspaper.

SECTION 5. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT SIXTY-ONE (61) DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members-elect voting in favor thereof the 21st day of July, 2008.

(s) Carl Gerlach

Carl Gerlach, Mayor

ATTEST

(s) Marian Cook

Marian Cook

City Clerk

APPROVED AS TO FORM:

(s) John J. Knoll

John J. Knoll

Senior Assistant City Attorney

Passed: July 21, 2008

Published: July 30, 2008

August 6, 2008

Effective: October 6, 2008

Effective on: 1/1/1901

Charter Ordinance No. Ninety-Five

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS FROM THE PROVISIONS OF K.S.A. 12-4108 WHICH RELATE TO THE APPOINTMENT OF THE CLERK OF THE MUNICIPAL COURT AND THE OBLIGATIONS OF THE CLERK OF THE MUNICIPAL COURT IN CARRYING OUT THE DUTIES AND RESPONSIBILITIES OF THE MUNICIPAL COURT AND PROVIDING FOR THE ENACTMENT OF SUBSTITUTE AND ADDITIONAL PROVISIONS PERTAINING TO THE ADMINISTRATION OF THE MUNICIPAL COURT AND THE DUTIES AND RESPONSIBILITIES OF COURT PERSONNEL THROUGH THE ENACTMENT OF AN ORDINARY ORDINANCE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it provisions of K.S.A. 12-4108 relating to the appointment of the clerk of the municipal court and the duties, responsibilities and authority of the clerk of the municipal court in carrying out the functions of the municipal court and providing for the enactment of substitute and additional provisions on the same and related subjects through the enactment of an ordinary ordinance. Such referenced statutory provisions are applicable to this City but are not uniformly applicable to all cities.

SECTION 2. The Governing Body shall establish as it deems appropriate and necessary to the effective administration and operation of the municipal court, the procedures for the appointment of a court administrator, court clerk and other such related positions and provide for the duties, responsibilities and authority of such positions and other matters related to carrying out the functions and obligations of the municipal court through the enactment of an ordinary ordinance.

SECTION 3. This Ordinance shall be published once each week for two consecutive weeks in an official City Newspaper.

SECTION 4. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, the 24th day of September, 2012.

(s) Carl Gerlach

Carl Gerlach, Mayor

ATTEST:

(s) Marian Cook

Marian Cook

City Clerk

APPROVED AS TO FORM:

(s) Michael R. Santos

Michael R. Santos

Deputy City Attorney

Passed: September 24, 2012

Published: October 2, 2012

October 9, 2012

Effective: December 9, 2012

Effective on: 1/1/1901

Charter Ordinance No. Ninety-Six (Repealed by Ch. Ord. No. One Hundred One)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTION 12-1036e OF THE KANSAS STATUTES ANNOTATED; PROVIDING SUBSTITUTE PROVISIONS REGARDING THE SALARIES OF THE MAYOR, COUNCIL PRESIDENT, CHAIRPERSONS OF THE FOUR STANDING COUNCIL COMMITTEES AND CITY COUNCIL MEMBERS AND ESTABLISHING A PROCEDURE FOR FUTURE CHANGES IN THESE SALARY AMOUNTS; PROVIDING FOR MAYOR AND COUNCIL MEMBER BENEFITS AND ALLOWANCES AND REPEALING CHARTER ORDINANCE NO. EIGHTY-EIGHT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

SECTION 1. The City of Overland Park, Kansas, a Mayor-Council-City Manager city of the first class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and make inapplicable to it, Section 12-1036e of the Kansas Statutes Annotated, which law applies only to Mayor-Council-City Manager cities of the first class, and to provide substitute provisions as herein provided.

SECTION 2. Commencing April 1, 2014, the annual salary of the Mayor shall be $32,000 per year, payable monthly, subject to future change as set forth in Section 5 below.

SECTION 3. Commencing April 1, 2014, the annual salary of the Council Member who serves as President of the Council and the annual salary of each Council Member who serves as chairperson of the four Standing Council Committees shall be an amount equal to 45% of the Mayor's annual salary, payable monthly while serving in that capacity, subject to future change as set forth in Section 5 below.

SECTION 4. Commencing April 1, 2014, the annual salary of each Council Member shall be an amount equal to 40% of the Mayor's annual salary, payable monthly, subject to future change as set forth in Section 5 below.

SECTION 5. The annual salaries of the Mayor, President of the Council, Council Committee Chairs and Council Members shall be reviewed every four years and any changes shall be determined and approved by resolution of the Governing Body; provided, any increase in the annual salaries shall be equal to, but no more than four times the equivalent of the four-year average salary increase percentage received by full-time City employees covered by the City's salary band system in each of the previous four years.

SECTION 6. The Mayor shall receive a monthly “automobile expense allowance” of $400 and the Council President and Council members shall receive a monthly “automobile expense allowance” of $100. In addition to the monthly “automobile expense allowance,” the Mayor, Council President and Council members may also receive a mileage reimbursement for “long distance trips.” Reimbursement for such “long distance trips” shall be subject to the same standards, limitations and rates applicable to the reimbursement of City employees who receive automobile allowances for comparable long distance mileage expenses at the time the Mayor, Council President or Council members submit a request for reimbursement for such “long distance trips.”

SECTION 7. The Mayor, Council President and each Council Member may choose not to receive the monthly “automobile expense allowance.” Those elected officials that choose not to receive the “automobile expense allowance” shall continue to be eligible to submit documented receipts and statements for mileage reimbursement in accordance with existing City policy.

SECTION 8. Future changes in the amount of the “automobile expense allowance” for the Mayor, Council President and each Council Member shall be established by resolution of the Governing Body.

SECTION 9. Governing Body benefits not related to salary or automobile expense allowances shall be established by resolution of the Governing Body.

SECTION 10. Charter Ordinance No. Eighty-eight is hereby repealed.

SECTION 11. This ordinance shall be published once each week for two consecutive weeks in an official City newspaper.

SECTION 12. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION-SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 16th day of December, 2013.

(s) Carl Gerlach

Carl Gerlach, Mayor

ATTEST:

(s) Marian Cook

Marian Cook

City Clerk

APPROVED AS TO FORM:

(s) Michael R. Santos

Michael R. Santos

City Attorney

Passed: December 16, 2013

Published: December 24, 2013

December 31, 2013

61 days: March 2, 2014

Effective: March 2, 2014

Repealed: May 20, 2024

Effective on: 1/1/1901

Charter Ordinance No. Ninety-Seven (Repealed by Ch. Ord. No. One Hundred)

A CHARTER ORDINANCE RELATING TO THE FORM OF GOVERNMENT OF THE CITY OF OVERLAND PARK, KANSAS; EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM K.S.A. 12-104a, 12-3003, 13-506, 13-513, 25-2107(b), 25-2108a., 25-2113, AND 25-21a01(d); REPEALING CHARTER ORDINANCE NUMBERS  EIGHTY-FOUR, EIGHTY-SIX, AND EIGHTY-NINE; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ESTABLISHING A MAYOR-COUNCIL-MANAGER FORM OF GOVERNMENT FOR THE CITY OF OVERLAND PARK, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

Article I. Statutes made inapplicable.

The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-104a, 12-3003, 13-506, 13-513, 25-2107(b), 25-2108a., 25-2113, and 25-21a01(d), and provide substitute and additional provisions as hereinafter set forth in this charter ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this city but are not applicable uniformly to all cities.

Article II. City council, mayor and council president.

Section 2.1. Composition and eligibility.

A.  Composition. The governing body shall consist of a mayor elected by the city as a whole and twelve (12) council members elected by wards. Each ward shall be represented by two council members.

B.  Eligibility. The mayor and each council member shall be a citizen of the United States and a qualified elector of Overland Park, Kansas, and must reside in the city at the time of filing for election and thereafter for the duration of their terms. Council members from wards shall be residents of their respective wards at the time of filing for election and thereafter for the duration of their terms unless removal from the ward is the result of reapportionment.

Section 2.2. Elections and terms.

A. Nonpartisan elections.  City elections shall be nonpartisan.  Laws applicable to elections occurring at the same time as city elections shall apply to city elections to the extent that the same are not in conflict with the provisions of Article 21 of Chapter 25 of the Kansas Statutes Annotated.

B. Date of primary and general city elections.  The primary election of the city officers shall be held on the first Tuesday in August of every odd-numbered year.  The general election of the city officers shall be held on the Tuesday succeeding the first Monday in November of every odd-numbered year.  Both elections shall be conducted in the manner prescribed in this charter ordinance and applicable state law.

C. Filing deadlines for city elections. 

1.  The filing deadline for all city elections shall be twelve noon on June 1, prior to the primary election in odd-numbered years, or if such date falls on a Saturday, Sunday or holiday, then before twelve noon of the next day that is not a Saturday, Sunday or holiday. Any person who meets the qualifications for the office sought may become a candidate for municipal office by filing a declaration of intent to become a candidate with the Johnson County Election Office.

2.  Any person desiring to become a candidate for a city office elected at large may file with the Johnson County Election Office a nomination petition signed by five hundred (500) qualified electors of the city or a number of qualified electors of the city equal to 5% of the ballots cast at the last general city election, whichever is less.

D.  Procedure for conduct of primary city elections.

1.  In 2005 and in each subsequent year in which the term of the mayor expires, if no more than two (2) candidates have filed for the office of mayor, both such candidates shall automatically be listed on the general city election ballot; but if more than two (2) candidates have filed for the office of mayor, a primary city election at large shall be held for the nomination of two (2) candidates for the office.  Each qualified elector of the city shall be entitled to vote for one (1) candidate.  The two (2) candidates receiving the highest number of votes cast shall be placed on the general city election ballot as the candidates nominated for election as mayor.

2.  In 2005 and in each subsequent year in which the term of a council member expires, if no more than two (2) candidates have filed for the office of council member to be filled, both such candidates shall automatically be listed on the general city election ballot; but if more than two (2) candidates have filed for the office of council member to be filled, a primary city election shall be held within each such ward for the nomination of two (2) candidates from that ward.  Each qualified elector who is a resident of the ward shall be entitled to vote for one (1) candidate from his or her ward.  The two (2) candidates from each such ward receiving the highest number of votes cast shall be placed on the general city election ballot as the candidates nominated for election from the ward.

E.  Procedure for conduct of general city elections.

1.  In the general city election in 2005 and in each subsequent year in which the term of the mayor expires, all qualified electors of the city shall be entitled to vote on the election of the mayor.  Of the candidate or candidates nominated or automatically listed for the office of mayor, the candidate receiving the highest number of votes in the general city election shall be elected as mayor.

2.  In the general city election in 2005 and in each subsequent year in which the term of a council member expires, all qualified electors of the ward shall be entitled to vote on the election of the council member from that ward.  Of the two (2) candidates nominated or automatically listed from each ward, the candidate receiving the highest number of votes in the general city election shall be elected as council member from the ward.

F.  Terms of office.

1.  The incumbent members of the governing body shall continue in office for the duration of their terms as heretofore established.

2.  At the primary and general city elections held in 2005 the position of mayor shall be filled by election, and the person so elected in 2005 shall succeed to the position of mayor.  The person elected as mayor in 2005 and in subsequent elections shall hold the position of mayor for a term of four (4) years and until the person’s successor has been duly elected and qualified.

3.  At the primary and general city elections held in 2005 all council member positions which were last filled by election in 2001 and the Ward Six council member position filled for an initial two-year term in 2003, shall be filled by election, and those persons so elected in 2005 shall succeed to those council member positions.  Those persons elected as council members in 2005, and in subsequent elections, shall hold their positions for a term of four (4) years and until their successors are duly elected and qualified.

4.  At the primary and general city elections held in 2007 all council member positions which were last filled by election in 2003 except for the Ward Six council member position filled for an initial two-year term in 2003 shall be filled by election.  Those persons elected as council members in 2007, and in subsequent elections, shall hold their positions for a term of four (4) years and until their successors are duly elected and qualified.

5.  The term of the mayor and those council members whose terms were to expire in April 2017, shall expire on the second Monday in January of 2018, when the succeeding mayor and council members elected in the November 2017 general election take office. Those council members whose terms were to expire in April 2019, shall expire on the second Monday in January of 2020, when the succeeding council members elected in the November 2019 general election take office. The term of the council president whose term was to expire in April 2017, shall expire on the date of the second regular meeting in February of 2017, when the succeeding council president shall be elected and take office.

Section 2.3. Wards.

A.     Number of Wards. The city shall be divided into six wards numbered one through six for purposes of the city elections held in 2003 and thereafter.

B.     Ward Boundaries. Dividing lines between wards shall follow precinct boundaries established by the Johnson County Election Commissioner. The governing body of the city may, by ordinance, adjust the ward boundaries to reflect approximately equal population effective in December of any even-numbered year. The governing body shall, by ordinance, adjust the ward boundaries to reflect approximately equal population effective in December of every even-numbered year in which the maximum population deviation equals or exceeds 10%. The governing body shall certify the boundaries so adjusted to the Johnson County Election Commissioner.

Section 2.4. Council president, election of, powers and duties.

A.  Effective January 1, 2018, at the first regular City Council meeting after the second Monday in January of each year, the council shall elect, by seven (7) affirmative votes cast by signed written ballot, one of its members as president of the council who, in the absence or disability of the mayor shall become acting mayor. Abstentions and blanks shall not be counted as votes cast. Such council member shall retain all his or her voting rights and other prerogatives as council member while acting as mayor.

B.  Whenever the council president succeeds to the office of mayor pursuant to Section 2.5 B, below, the remaining membership of the council shall elect a new council president in the manner set out in Section 2.4 A, above.

C.  If there is a vacancy in the office of mayor and council president, and the council has not yet elected a council president as set out in Section 2.4 A, the interim acting mayor shall be the first eligible Chairperson of the Council Committees in the following rotation: Public Safety; Public Works; Finance, Administration and Economic Development; and Community Development.

Section 2.5. Filling vacancies in office of mayor and council member.

A.     The mayor and council members shall remain in office until their successors have been duly elected and qualified. When there is a vacancy in the position of mayor, the president of the council shall serve as acting Mayor until the Council elects a member to serve as Mayor. The Council shall elect a member to serve as Mayor within thirty days of the vacancy in the office of Mayor. If such vacancy occurs before May 1 of an odd-numbered year leaving an unexpired term of more than two (2) years from said May 1, such successor shall serve in such position until a special election is held at the same time as the next regular city primary and general election and the succeeding council member takes office. Such special election shall be held for the purpose of electing a replacement mayor to serve in such position for the remainder of the unexpired term. Such special election shall be held in the same manner as if the term were expiring and the term of the successor shall end upon election and taking of office of a mayor for the unexpired term. In all other cases, the successor shall serve the remainder of the unexpired term. Any vacancy on the Council created by the Council’s election of a member to the position of Mayor would be filled in accordance with the provisions of this Section.

B.     Should the president of the council be elected mayor in accordance with the provisions of this Section, there shall be a vacancy in the position of council president, which shall be filled by the remaining members of the council pursuant to Section 2.4, above, no later than the first regular council meeting following the date of occurrence of the vacancy. When the president of the council becomes mayor, there also shall be a vacancy in such council member's position on the council. Whenever a vacancy occurs for any reason in the position of council member, a screening committee composed of the mayor, president of the council and chair of the Finance, Administration and Economic Development Committee of the council shall recommend to the remaining members of the committee of the whole of the council and the mayor not to exceed two (2) persons as potential replacements within thirty (30) days from the date the vacancy is declared to have occurred by the members of the council remaining after the vacancy. The remaining members of the council and the mayor shall so declare a vacancy to have occurred at the first regular council meeting following the date of occurrence of the vacancy. Upon receipt of such recommendation from the screening committee, the committee of the whole of the council, by majority vote of the remaining members thereof and the mayor, may recommend to the remaining members of the council and the mayor either recommended replacement or may reject both such recommended replacements. Should the remaining members of the committee of the whole of the council and the mayor reject both such recommended replacements, the screening committee shall make a second recommendation of not to exceed two (2) persons other than the two persons originally recommended, as potential replacements for consideration by the remaining members of the committee of the whole of the council and the mayor within fifteen (15) days of such rejection. Upon receipt of the second recommendation from the screening committee, the committee of the whole of the council, by majority vote of the remaining members thereof and the mayor, may recommend to the remaining members of the council and the mayor either such recommended replacement or may reject both such recommended replacements. Should the remaining members of the committee of the whole of the council and the mayor reject both such recommended replacements, the council, by majority vote of the remaining members thereof and the mayor, shall appoint an elector qualified to fill the vacant position.

C.     If such vacancy occurs in the position of council member before May 1 of an odd-numbered year leaving an unexpired term of more than two (2) years from said May 1, such appointed replacement shall serve in such position until a special election is held at the same time as the next regular city primary and general election and the succeeding council member takes office. Such special election shall be held for the purpose of electing a replacement to serve in such position for the remainder of the unexpired term. Such special election shall be held in the same manner as if the term were expiring and the term of the appointed member, if any, shall end upon election and taking of office of a member for the unexpired term. In all other cases, the appointed replacement shall serve the remainder of the unexpired term.

Section 2.6. General powers and duties of the governing body; voting.

A.     General powers and duties. All powers of the city shall be vested in the governing body, except as the Constitution and Statutes of Kansas or this or other charter ordinances may provide otherwise. The governing body shall provide for the performance of all duties and obligations imposed on the city by law.

B.     Voting.

1.      Any ordinance shall be passed by an affirmative vote of seven (7) council members unless a greater number of votes are specifically required by another provision of law; provided, that where the number of favorable votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the ordinance.

2.      Any resolution, motion or any other action of the governing body except charter ordinances, upon which the mayor's vote shall be counted on every occasion, and except as otherwise provided herein or by law, shall be passed at a meeting at which a quorum is present if more than half of the votes cast by council members are affirmative votes; provided, that abstentions shall not be counted as votes cast and where the number of affirmative votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the resolution, motion or other action.

Section 2.7. Powers and duties of the mayor.

The mayor shall be the titular head of the city and shall preside at all meetings of the council. The mayor shall sign all ordinances and resolutions passed by the council; provided, that the mayor shall have the power to veto any ordinance or resolution passed by the council, except the mayor shall have no power to veto a charter ordinance, or appointments by the council for vacancies on the council. Any ordinance or resolution vetoed by the mayor may be passed over the veto by the vote of two-thirds of the whole number of the council members-elect, notwithstanding the veto; and if the mayor has failed to sign or veto such ordinance or resolution by the first regular meeting following the adoption of such ordinance or resolution, the same shall take effect without the mayor’s signature. It shall be the duty of the mayor to sign all contracts and agreements authorized by the governing body, except those contracts and agreements designated by the governing body to be entered into and signed by the city manager or his/her designee. The mayor shall represent the city governing body at all official city functions and shall be the official representative of the governing body at all meetings, conferences and negotiations relating to policy matters involving other governmental units and shall recommend council action relating thereto. The mayor shall be the official representative of the governing body at all conferences and meetings with citizens' groups and organizations interested in promoting the welfare and development of the city and shall recommend council action relative thereto. The mayor may annually communicate to the council in writing such information as he or she may possess with reference to the condition of the city, and recommend such measures as he or she may deem necessary and expedient. The mayor may inform the council concerning questions of policy and may make policy recommendations to the council.

Article III. City manager.

Section 3.1.  In general.

The governing body and the city manager shall be governed by the original text of the provisions of L. 1917, ch. 86, sec. 8 to L. 1917, ch. 86, sec. 10, both sections inclusive, L. 1943, ch. 87, sec. 1, and L. 1951, ch. 135, sec. 1, in the organization and administration of the city.

Section 3.2. Powers and duties of the city manager.

The city manager shall be responsible for the administration of all of the affairs of the city. The city manager shall see that the laws and ordinances of the city are enforced. The city manager shall have the authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove all heads of departments, and all subordinate officers and employees of the city. All such appointments shall be made upon merit and fitness alone. Provided that, the city manager may delegate at his or her discretion such authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove subordinate officers and employees of the city to department directors and division heads. In addition, the city manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. The city manager shall prepare and submit the annual budget to the governing body and also keep the city fully advised as to the financial conditions and needs of the city. The city manager may make recommendations to the governing body on all matters concerning the welfare of the city and shall have a seat, but no vote, in all of the public meetings of the governing body. The city manager, or his/her designee, may enter into, execute, approve and accept, on behalf of the city, all contracts, agreements and other documents as designated by the governing body.

Article IV. Civil service commission.

Notwithstanding the provisions of Article III, above, the city shall have a civil service commission and such civil service commission shall have the jurisdiction, powers, duties and responsibilities as set forth in the ordinary ordinances of the city.

Article V. Repeal of charter ordinances.

That Charter Ordinance Nos. Eighty-Four, Eighty-Six, and Eighty-Nine be and the same are hereby repealed.

Article VI. Severability.

It is hereby declared to be the intention of the governing body that the sections, subsections, paragraphs, sentences, clauses and phrases of this charter ordinance are severable, and if any phrase, clause, sentence, paragraph, subsection or section of this charter ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, subsections and sections of this charter ordinance, since the same would have been enacted by the governing body without the incorporation into this charter ordinance of any unconstitutional or otherwise invalid phrase, clause, sentence, paragraph, subsection or section.

Article VII. Publication.

This ordinance shall be published once each week for two consecutive weeks in an official City Newspaper.

Article VIII. Effectiveness.

THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 17^th day of October, 2016.

CITY OF OVERLAND PARK

/s/ Carl Gerlach                                               

Carl Gerlach, Mayor

ATTEST:

/s/ Marian Cook                                  

Marian Cook

City Clerk

APPROVED AS TO FORM:

/s/ Tammy M. Owens                          

Tammy M. Owens

City Attorney

Passed: October 17, 2016

Published: October 25, 2016

November 1, 2016

Effective: December 31, 2016

(History: Charter Ord. No. 100 §5, 2020)

Effective on: 1/1/1901

Charter Ordinance No. One Hundred One

CHARTER ORDINANCE NO. ONE HUNDRED ONE A CHARTER ORDINANCE RELATING TO THE SALARIES OF THE MAYOR, COUNCIL PRESIDENT, CHAIRPERSONS OF THE FOUR STANDING COUNCIL COMMITTEES AND CITY COUNCIL MEMBERS OF THE CITY OF OVERLAND PARK, KANSAS; AND REPEALING CHARTER ORDINANCE NUMBER NINETY-SIX.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

Section 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to and hereby does repeal Charter Ordinance No. Ninety-Six.

Section 2. This ordinance shall be published once each week for two consecutive weeks in an official City newspaper.

Section 3. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 20th day of May, 2024.

                                                                        CITY OF OVERLAND PARK

                                                                       (s) Curt Skoog                                     

                                                                        Curt Skoog, Mayor

ATTEST:

(s) Elizabeth Kelley                                                                          

Elizabeth Kelley, City Clerk

APPROVED AS TO FORM:

(s) Michael Koss                                                      

Michael Koss, City Attorney

Effective on: 1/1/1901

CHARTER ORDINANCE NO. 104

A CHARTER ORDINANCE RELATING TO THE APPOINTMENT OF CERTAIN PERSONS, FIRMS, OR CORPORATIONS WHO MAY BE EMPLOYED FOR A SPECIAL PURPOSE BY THE CITY OF OVERLAND PARK, KANSAS; AND REPEALING CHARTER ORDINANCE NO. EIGHTEEN.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:
 

Section 1. The City of Overland Park, Kansas, by the power vested in it by Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to and hereby does repeal Charter Ordinance No. Eighteen.

Section 2. This Charter Ordinance shall be published once each week for two consecutive weeks in an official City newspaper.

Section 3. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof the 2nd day of December, 2024.

CITY OF OVERLAND PARK

(s) Curt Skoog                                  

Curt Skoog, Mayor

ATTEST:

(s) Elizabeth Kelley               ____          

Elizabeth Kelley, City Clerk

APPROVED AS TO FORM:

(s) Michael Koss                    ____   

City Attorney

Effective on: 1/1/1901