Title 19 - Charter Ordinances

Charter Ordinance No. Ninety-Five

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS FROM THE PROVISIONS OF K.S.A. 12-4108 WHICH RELATE TO THE APPOINTMENT OF THE CLERK OF THE MUNICIPAL COURT AND THE OBLIGATIONS OF THE CLERK OF THE MUNICIPAL COURT IN CARRYING OUT THE DUTIES AND RESPONSIBILITIES OF THE MUNICIPAL COURT AND PROVIDING FOR THE ENACTMENT OF SUBSTITUTE AND ADDITIONAL PROVISIONS PERTAINING TO THE ADMINISTRATION OF THE MUNICIPAL COURT AND THE DUTIES AND RESPONSIBILITIES OF COURT PERSONNEL THROUGH THE ENACTMENT OF AN ORDINARY ORDINANCE.

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

SECTION 1. The City of Overland Park, Kansas by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it provisions of K.S.A. 12-4108 relating to the appointment of the clerk of the municipal court and the duties, responsibilities and authority of the clerk of the municipal court in carrying out the functions of the municipal court and providing for the enactment of substitute and additional provisions on the same and related subjects through the enactment of an ordinary ordinance. Such referenced statutory provisions are applicable to this City but are not uniformly applicable to all cities.

SECTION 2. The Governing Body shall establish as it deems appropriate and necessary to the effective administration and operation of the municipal court, the procedures for the appointment of a court administrator, court clerk and other such related positions and provide for the duties, responsibilities and authority of such positions and other matters related to carrying out the functions and obligations of the municipal court through the enactment of an ordinary ordinance.

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

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

PASSED by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, the 24th day of September, 2012.

(s) Carl Gerlach

Carl Gerlach, Mayor

ATTEST:

(s) Marian Cook

Marian Cook

City Clerk

APPROVED AS TO FORM:

(s) Michael R. Santos

Michael R. Santos

Deputy City Attorney

Passed: September 24, 2012

Published: October 2, 2012

October 9, 2012

Effective: December 9, 2012

Effective on: 1/1/1901