Title 19 - Charter Ordinances

Active Charter Ordinances

CHARTER ORDINANCE NO. NINETY-EIGHT

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

CITY OF OVERLAND PARK, KANSAS

 

(s) Carl Gerlach                                           

Carl Gerlach, Mayor

 

ATTEST:

 

(s) Elizabeth Kelley                                            

Elizabeth Kelley, City Clerk

 

APPROVED AS TO FORM:

 

(s) Michael Koss                                                   

Michael Koss
Assistant City Attorney II

 

 

Effective on: 1/1/1901