Title 19 - Charter Ordinances

Active 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 That Charter Ordinance No. Seven be and the same is hereby repealed.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:

a.
Any person who is not a citizen of the United States;
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;
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;
d.
Any person who has had his license revoked for cause under the provisions of this act;
e.
Any person who is not at least twenty-one (21) years of age;
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;
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;
h.
Any person whose spouse would be ineligible to receive a license hereunder for any reason other than the age, citizenship and residence requirements;
i.
Any partnership, unless all of the partners shall be eligible to receive a license as an individual; and
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.
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.
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.
Alcohol and drug detoxification, including but not limited to helping alcoholics and drug abusers enroll in detoxification programs;
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.
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:

a.
“Person” means an individual, firm, partnership, corporation, joint venture or other association of persons;
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.
c.
“Transient guest” means a person who occupies a room in a hotel, motel or tourist court for not more than 28 consecutive days;
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;
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.
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.
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.

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. 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.
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.
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.
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.

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.

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.
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 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.
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. 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:

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;
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
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

CHARTER ORDINANCE NO. 105

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. NINETY.

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:

a. 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

b. 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. Ninety is hereby repealed.

Section 7. This Charter Ordinance shall be published once each week for two consecutive weeks in 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

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 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