Title 2 - Administration and Personnel

Contents:

2.09 City Manager/Governing Body

Contents:

Article I. General Provisions

2.09.060 Officer To Perform Duties of City Manager.

The City Manager shall have the power to designate a city official as acting City Manager to perform any and all duties of the office of City Manager whenever he shall be absent from his office or the community by reason of illness, vacation, business or any other reason, for a period of more than one day.

(History: Ord. ACM-799 §1, 74; ACM-404 §1, 66)

Effective on: 1/1/1901

2.09.070 Application of 2.09.060.

In the event the City Manager is incapacitated or for any other reason is unable to designate an acting City Manager or the City Manager is absent from his office due to illness, extended leave, vacation or any other reason for a period of time exceeding one month, the Governing Body shall designate a city official to serve as acting City Manager.

(History: Ord. ACM-799 §2, 74; ACM-404 §2, 66)

Effective on: 1/1/1901

2.09.071 Appointments to Boards, Commissions and Subordinate Bodies

Members of boards, commissions, and other subordinate bodies of the City may be appointed by the Mayor with the consent of the City Council; provided no statute, ordinance, or resolution establishes a different appointment procedure for such members. All members of boards, commissions, and subordinate bodies of the City, including those with a fixed term of office, serve at the pleasure of the Governing Body, and may be removed at any time by the Mayor with the consent of the City Council. The Mayor may accept resignations from members of boards, commissions, and subordinate bodies of the City.

(History: Ord. ROB-3253 §1, 19)

Effective on: 7/2/2019

Article II. Rules of Business

2.09.080 Authority To Establish Procedures.

The Governing Body may, by resolution, establish rules of procedures to govern its meetings and those of committees of the council.

(History: Ord. ROB-926 §1, 77; ROB-506 §1, 68)

Effective on: 1/1/1901

2.09.090 Procedures.

All rules of procedure so adopted shall be included and maintained in a separate section of the Policy Manual of the city. The City Clerk shall have responsibility for maintenance of that manual.

(History: Ord. ROB-926 §2, 77; ROB-506 §1, 68)

Effective on: 1/1/1901

2.09.100 Review.

The Finance and Administration Committee shall have the duty to hear requests for revision of all council procedures and make recommendations to the Governing Body for action.

In addition, the committee shall review all procedures at least once every two years and recommend changes.

(History: Ord. ROB-926 §3, 77; ROB-506 §1, 68)

Effective on: 1/1/1901

Article III. Emergency Powers

2.09.320 Determination of Emergency - Powers of Mayor or Authorized Person.

When in the judgment of the Mayor an emergency is deemed to exist or the threat thereof is imminent, the Mayor may proclaim in writing the existence of an emergency. Any proclamation declaring an emergency shall be given prompt and general publicity and shall be filed promptly with the City Clerk.

For the purposes of this ordinance, an emergency shall be defined as:

A.

Any natural disaster, public health emergency, or human-made calamity including, but not limited to, flood, conflagration, tornado, earthquake, severe weather event, pandemic, terrorist attack, substantial utility or infrastructure failure, significant cybersecurity incident, or explosion within or affecting the City resulting in the occurrence or threat of death or injury of persons or the damage or destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety or welfare; or
B.

A riot, as defined by K.S.A. 21-6201 and amendments thereto, or unlawful assembly, as defined by K.S.A. 21-6202, and amendments thereto.

After proclamation of an emergency by the Mayor, the Mayor, in the interests of public health, safety or welfare, may exercise any or all of the following powers:

A.

Order a general curfew applicable to such geographic areas of the City or to the City as a whole, as deemed advisable, and applicable during such hours deemed necessary. For the purposes of this section, a curfew is defined as a prohibition against any person or persons walking, running, loitering, standing or being in or on any vehicle upon any alley, street, highway, public parking lot, park, public property or vacant premises within the City during the hours in which a curfew has been imposed; provided, that physicians, nurses, and ambulance operators performing medical services, utility personnel maintaining essential public services, firefighters and city authorized or requested law enforcement officers and personnel may be exempted from such curfew;
B.
To the extent permitted by state law, order the closing of businesses that sell, distribute, dispense, or give away:
1. 1.
  
  intoxicating liquor, beer, or cereal malt beverage;
2. 2.
  
  flammable or combustible products; or
3. 3.
  
  firearms, ammunition or other potentially dangerous weapons or instrumentalities that can be used as weapons, projectiles or ammunition, or any other item that presents a threat due to the nature of the emergency;
C.

To the extent permitted by state law, order the discontinuance of the sale, distribution, dispensing or giving away of any of the items covered by subsection (B);
D.

Order that no person within the City shall carry or possess any rock, bottle, club, brick, weapon, projectile or other object capable of being used unlawfully against the person or property of another;
E.

Order, or authorize the City Manager or their designee to order, the complete or limited evacuation of any designated area of the City and order that no person or vehicle shall enter any area designated as a restricted area unless in the performance of official duties or with permission from the Mayor, the Mayor's designee, the City Manager, or the City Manager's designee;
F.

Issue any other lawful order that the Mayor deems imminently necessary for the protection of life or property;
G.

Call upon law enforcement agencies under provisions of the Kansas Mutual Aid System or the mutual emergency policy protection compact, to assist in preserving and keeping the peace within the City;
H.

Order that any and all law enforcement agencies, organizations and their individual officers shall have the full power and authority to make arrests and to act on behalf of the City in order to enforce the provisions provided for herein and any and all other City ordinances that might be violated as a result of any immediate threat to public health, safety, or welfare;
I.

Enter into a mutual emergency policy protection compact with any and all governing bodies within the Kansas City Metropolitan area.
J.

Make effective the policies and procedures set forth in the City of Overland Park Emergency Operations Plan.
K.

Authorize the City Manager to approve emergency-related expenses within the limitations of the annual City budget to protect the public health, safety, or welfare.

(History: Ord. EGA-3448 §1, 2024; Ord. EGA-1928 §1, 95; EGA-834 §1, 75; MA-450 §2,67)

Effective on: 1/1/1901

2.09.330 Effective Date of Proclamation of Emergency.

The Proclamation of Emergency shall become effective upon its issuance and dissemination to the public by appropriate news media.

(History: Ord. EGA-834 §2, 75)

Effective on: 1/1/1901

2.09.335 Succession of Emergency Powers.

If the mayor is not able to exercise the powers and discharge the duties specified in this ordinance, or is unavailable, the order of succession for the exercise of emergency powers shall be as follows:

A.
The Council President;
B.
The Chairpersons of the Council Committees in the following order: Public Safety; Public Works; Finance, Administration and Economic Development; and Community Development.

If all such officers are not able or are unavailable to discharge the emergency powers specified in this ordinance, the City Manager, or the official designee of the City Manager, shall exercise these powers.

(History: Ord. EGA-2641 §1, 2006; EGA-1928 §2, 95)

Effective on: 1/1/1901

2.09.340 Termination or Extension of Proclamation of Emergency.

Any emergency proclaimed in accordance with the provisions of 2.09.320 through 2.09.350 shall terminate after a period of seven days from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; provided, however, that such emergency may be terminated sooner or may be extended for such additional periods of time as determined necessary by the Governing Body.

(History: Ord. EGA-3448 §2, 2024; Ord. EGA-1928 §3, 95; EGA-834 §3, 75; MA-450 §3, 67)

Effective on: 1/1/1901

2.09.350 Violation of Sections 2.09.320 through 2.09.340.

Any person who shall willfully fail or refuse to comply with the terms of any proclamation of an emergency or any order issued pursuant to that proclamation or the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency as authorized herein shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in Section 1.12.010.

(History: Ord. EGA-3448 §3, 2024; Ord. EGA-1928 §4, 95; EGA-834 §4, 75; MA-450C §1, 70)

Effective on: 1/1/1901

2.09.360 Form for Proclamation of Emergency.

A form to be used in the declaration of an emergency, approved by the City Attorney and the Mayor, shall be kept readily available by the City Clerk, the City Manager and the Emergency Management Coordinator. If an emergency situation should make such form unavailable, any written document signed by the Mayor or designated successor shall suffice.

(History: Ord. EGA-3448 §4, 2024; Ord. EGA-1928 §5, 95; EGA §5, 75; MA-450)

Effective on: 1/1/1901

2.14 Business Improvement District

Contents:

2.14.010 Boundaries and Name of District.

A Business Improvement District, as provided for in K.S.A. 12-1781, et seq., shall be established for the Downtown Business District of the City of Overland Park, Kansas (the “District”).

A.
The boundaries of the District are legally described as follows:

Beginning at the intersection of the center lines of Newton St. and 78th Street in Section 19, Township 12 South, Range 25 East, in the City of Overland Park, Johnson County, Kansas; thence easterly along the center line of 78th Street to a point 753.34 feet east of the center line of Metcalf Ave., said point being at the intersection of the center line of 78th St. and the northerly extension of the east line of Lot 5, Early Place, a subdivision of land in the City of Overland Park; thence southerly along said extension and along said east line and its southerly extension to a point 165 feet north of the south line of Section 20, Township 12 South, Range 25 East; thence easterly and parallel to the south line of said Section 20 to a point 800 feet east of the west line of said Section 20; thence southerly and parallel to the west line of said Section 20 to a point on the south line of said Section 20; thence westerly along said south line to a point 795 feet east of the southwest corner of said Section 20; thence southerly and parallel to the west line of Section 29, Township 12 South, Range 25 East to a point on the north line of Lot 13, Kirkbride Place, a subdivision of land in the City of Overland Park; thence westerly along said north line to the northeast corner of Lot 14, Kirkbride Place; thence southerly along the east line of said Lot 14 and its southerly extension to the center line of 80th St.; thence west along the center line of 80th St. to its intersection with the center line of Broadmoor Lane; thence south along the center line of Broadmoor Lane to its intersection with the north line of Lot 2, Conser’s Addition, a subdivision of land in the City of Overland Park; thence easterly along the north line of said Lot 2 to a point 138 feet east of the northwest corner of said Lot 2; thence southerly and parallel to the west line of said Lot 2 a distance of 320 feet; thence westerly and parallel to the north line of said Lot 2 a distance of 138 feet to the intersection with the east line of Lot 1, Conser’s Addition, a subdivision of land in the City of Overland Park; thence southerly along the east line of said Lot 1 and its southerly extension to the center line of 82nd St.; thence westerly along the center line of 82nd St. to its intersection with the center line of Travis St.; thence southerly along the center line of Travis St. to its intersection with the center line of 83rd St. thence westerly along the center line of 83rd St. to its intersection with the southwesterly extension of the westerly line of Lot 5, Block 10, Overland Heights No. 2, a subdivision of land in the City of Overland Park; thence northeasterly along said extension and along said westerly line of Lot 5 and its northeasterly extension to a point on the center line of Overland Park Drive; thence northwesterly along the center line of Overland Park Drive to its intersection with the center line of Valley View Dr.; thence southwesterly along the center line of Valley View Dr. to its intersection with the southeasterly extension of the southwesterly line of Lot 4, Overland Acres, a subdivision of land in the City of Overland Park; thence northwesterly along said extension and along the southwesterly line of said Lot 4 to the east corner of Lot 2, Overland Acres; thence southwesterly along the southeasterly line of said Lot 2 to the northeast corner of Lot 1, Overland Acres; thence south along the west line of said Lot 1 to the southeast corner of said Lot 1; thence west along the south line of said Lot 1 and its westerly extension to its intersection with the center line of Robinson St.; thence northerly along the center line of Robinson St. to its intersection with the center line of 81st St.; thence easterly along the center line of 81st St. to its intersection with the southerly extension of the east line of Lot 13, Block 6, Overland Park, a subdivision of land in the City of Overland Park; thence northerly to the northeast corner of Lot 24, Block 2, Overland Park; thence northerly to the southwest corner of Lot 34, Marty’s First Addition to Overland, a subdivision of land in the City of Overland Park; thence westerly and along the south line of Lot 33, Marty’s 1st Addition to Overland, and its westerly extension to its intersection with the center line of Newton St.; thence northerly along the center line of Newton St. to its intersection with the center line of 78th St. and the Point of Beginning.
B.
The District, for the purpose of assessing the BID Fee, shall be divided into three tiers, legally described as follows:

“Tier 1”

Beginning at the northeast corner of Section 30, Township 12 South, Range 25 East, in the City of Overland Park, Johnson County, Kansas; thence southerly along the east line of said Section 30 to its intersection with the centerline of Hamilton Drive; thence westerly along the centerline of Hamilton Drive to an intersection with Floyd Street; thence northerly along the centerline of Floyd Street to an intersection with the easterly extension of the south line of Lot 1, The Vue; thence westerly along said extension and the south line of said Lot 1 and its westerly extension to an intersection with the centerline of Marty Street; thence southerly along the centerline of Marty Street to an intersection with the centerline of 81st Street; thence westerly along the centerline of 81st Street to an intersection with the centerline of Overland Park Drive; thence southerly along the centerline of Overland Park Drive to an intersection with Valley View Drive; thence southwesterly along the centerline of Valley View Drive to an intersection with the southeasterly extension of the northeast line of Lot 21, Resurvey of Overland Heights; thence northwesterly along the northeast line of said Lot 21 and its extension to the northwest to an intersection with the centerline of Santa Fe Drive; thence southwesterly along the centerline of Santa Fe Drive to an intersection with the centerline of Conser Street; thence northerly along the centerline of Conser Street to an intersection with the westerly extension of the south line of Lot 13, Block 5, Overland Park; thence easterly to the southeast corner of said Lot 13; thence northeasterly and northerly along the east lines of Lots 13, 14, 15, 16 and 17, Block 5, Overland Park, to the northeast corner of said Lot 17; thence northeasterly to a point on the south line of Lot 12, Block 1, Overland Park, and 90.5 feet west of the southeast corner of said Lot 12; thence northerly to a point on the north line of Lot 11, Block 1, Overland Park, and 90.5 feet west of the northeast corner of said Lot 11; thence easterly along the north line of said Lot 11 and its easterly extension to the intersection with the centerline of Foster Street; thence northerly along the centerline of Foster Street to an intersection with the centerline of 78th Street; thence easterly along the centerline of 78th Street to an intersection with the centerline of Marty Street; thence southerly along the centerline of Marty Street to an intersection with the westerly extension of the south line of Lot 41, Overland Summit; thence easterly to the southeast corner of said Lot 41; thence northerly to the northwest corner of Lot 53, Overland Summit; thence easterly to the northeast corner of said Lot 53; thence southeasterly to the southwest corner of Lot 88, Overland Summit; thence easterly to the southeast corner of said Lot 88; thence northerly to the northwest corner of Lot 107, Overland Summit; thence easterly along the north line of said Lot 107 and its easterly extension to an intersection with the east line of Section 19, Township 12 South, Range 25 East; thence southerly along the east line of said Section 19 to the Point of Beginning.

“Tier 2”

Beginning at the intersection of the east line of Section 19, Township 12 South, Range 25 East, and the centerline of 78th Street, in the City of Overland Park, Johnson County, Kansas; thence westerly along the centerline of 78th Street to the intersection with the centerline of Marty Street, thence southerly along the centerline of Marty Street to an intersection with the westerly extension of the south line of Lot 41, Overland Summit; thence easterly to the southeast corner of said Lot 41; thence northerly to the northwest corner of Lot 53, Overland Summit; thence easterly to the northeast corner of said Lot 53; thence southeasterly to the southwest corner of Lot 88, Overland Summit; thence easterly to the southeast corner of said Lot 88; thence northerly to the northwest corner of Lot 107, Overland Summit; thence easterly along the north line of said Lot 107 and its easterly extension to an intersection with the east line of Section 19, Township 12 South, Range 25 East; thence southerly along the east line of Section 19, Township 12 South, Range 25 East to an intersection with the centerline of Hamilton Drive; thence westerly along the centerline of Hamilton Drive to an intersection with Floyd Street; thence northerly along the centerline of Floyd Street to an intersection with the easterly extension of the south line of Lot 1, The Vue; thence westerly along said extension and the south line of said Lot 1 and its westerly extension to an intersection with the centerline of Marty Street; thence southerly along the centerline of Marty Street to an intersection with the centerline of 81st Street; thence westerly along the centerline of 81st Street to an intersection with the centerline of Overland Park Drive; thence southerly along the centerline of Overland Park Drive to an intersection with the centerline of Hamilton Drive; thence easterly along the centerline of Hamilton Drive to an intersection with the west lot line of Lot 2, Overland Park Community Center; thence southeasterly along the west lot line of said Lot 2 to the southwestern corner of said Lot 2; thence northeasterly along the southern lot line of said Lot 2 and its northeasterly extension to an intersection with the centerline of Marty Street; thence southeasterly along the centerline of Marty Street to an intersection with the east line of Section 30, Township 12 South, Range 25 East; thence northerly along said east line to an intersection with the centerline of 82nd Street; thence easterly along the centerline of 82nd Street to an intersection with the southerly extension of the east line of Lot 1, Conser’s Addition; thence northerly along the east line of said Lot 1 to an intersection with the south line of Lot 1, Cypress Springs at a point that is 138 feet west of the southeast corner of said Lot 1; thence northerly along the east line of said Lot 1 and its northerly extension to an intersection with the centerline of 81st Street; thence westerly along the centerline of 81st Street to an intersection with the centerline of Broadmoor Lane; thence northerly along the centerline of Broadmoor Lane to an intersection with the centerline of 80th Street; thence westerly along the centerline of 80th Street to an intersection with the southerly extension of the east line of Lot 1, O’Neill Honda East; thence northerly along the east line of said Lot 1 to the northeast corner of said Lot 1; thence easterly to a point 525.6 feet east and 331.65 feet south of the northwest corner of Section 29, Township 12 South, Range 25 East; thence northerly to an intersection with the north line of Section 29, Township 12 South, Range 25 East at a point 525.6 feet east of the northwest corner of said Section 29; thence westerly along the north line of said Section 29 to an intersection with the southerly extension of the east line of Lot 1, Metcalf 7801; thence northerly along the east line of said Lot 1 and its northerly extension to an intersection with the centerline of 78th Street; thence westerly along the centerline of 78th Street to the point of beginning;

and

Beginning at the intersection of the north line of Section 30, Township 12 South, Range 25 East and the centerline of Foster Street; thence southerly along the centerline of Foster Street to an intersection with the easterly extension of the north line of Lot 11, Block 1, Overland Park; thence westerly along the north line of said Lot 11 to a point 90.5 feet west of the northeast corner of said Lot 11; thence southerly to an intersection with the south line of Lot 12, Block 1, Overland Park at a point 90.5 feet west of the southeast corner of said Lot 12; thence southwesterly to the northeast corner of Lot 17, Block 5, Overland Park; thence southerly and southwesterly along the east lines of Lots 17, 16, 15, 14, and 13, Block 5, Overland Park to the southeast corner of said Lot 13; thence westerly along the south line of said Lot 13 and its westerly extension to an intersection with the centerline of Conser Street; thence southerly along the centerline of Conser Street to an intersection with Santa Fe Drive; thence northeasterly along the centerline of Santa Fe Drive to an intersection with the northwesterly extension of the northeast line of Lot 21, Resurvey of Overland Heights; thence southeasterly along the northeast line of said Lot 21 and its southeasterly extension to an intersection with the centerline of Valley View Drive; thence southwesterly along the centerline of Valley View Drive to an intersection with the centerline of Newton Avenue; thence northwesterly along the centerline of Newton Avenue to an intersection with the centerline of Santa Fe Drive; thence southwesterly along the centerline of Santa Fe Drive to an intersection with the centerline of Newton Street; thence northerly along the centerline of Newton Street to an intersection with the centerline of 81st Street; thence easterly along the centerline of 81st Street to an intersection with the southerly extension of the west line of Lot 12, Block 6, Overland Park; thence northerly along the west lines of Lots 1 through 12, Block 6, Overland Park to the northwest corner of said Lot 1; thence northerly to the southwest corner of Lot 12, Block 2, Overland Park; thence northerly along the west lines of Lots 1 through 12, Block 2, Overland Park to the northwest corner of said Lot 1; thence northerly to the southwest corner of Lot 34, Marty’s 1st Addition to Overland; thence easterly along the south line of said Lot 34 to the southeast corner of said Lot 34; thence easterly to the southwest corner of Lot 36, Marty’s 1st Addition of Overland; thence northerly along the west line of said Lot 36 for a distance of 167.8 feet; thence east along a line 167.8 feet north of the south line of said Lot 36 to an intersection with the centerline of Foster Street; then southerly along the centerline of Foster Street to the point of beginning.

“Tier 3”

Beginning at the intersection of the centerline of 78th Street with the northerly extension of the east line of Lot 1, Metcalf 7801; thence southerly along the east line of said Lot 1 and its southerly extension to an intersection with the north line of Section 29, Township 12 South, Range 25 East; thence easterly along the north line of said Section 29 to a point 525.6 feet east of the northwest corner of said Section 29; then southerly to a point 525.6 feet east and 331.65 feet south of the northwest corner of said Section 29; thence westerly to the northeast corner of Lot 1, O’Neill Honda East; thence southerly along the east line of said Lot 1 and its southerly extension to an intersection with the centerline of 80th Street; thence easterly along the centerline of 80th Street to an intersection with the southerly extension of the east line of Lot 14, Kirkbride Place; thence northerly along the east line of said Lot 14 to the northeast corner of said Lot 14; thence easterly to a point 795.04 feet east and 331.53 feet south of the northwest corner of Section 29, Township 12 South, Range 25 East; thence northerly to a point on the north line of Section 29, Township 12 South, Range 25 East 795.04 feet east of the northwest corner of said Section 29; thence easterly along the north line of said Section 29 to a point 800 feet east of the northwest corner of said Section 29; thence northerly and parallel to the west line of Section 20, Township 12 South, Range 25 East, to a point 165 north of the south line of said Section 20; thence westerly and parallel to the south line of said Section 20 to an intersection with the southerly extension of the east line of Lot 5, Early Place; thence northerly along the east line of said Lot 5 and its extension to an intersection with the centerline of 78th Street; thence westerly along the centerline of 78th Street to the Point of Beginning;

and

Beginning at the intersection of the centerline of 82nd Street with the east line of Section 30, Township 12 South, Range 25 East; thence easterly along the centerline of 82nd Street to an intersection with the centerline of Travis Street; thence southerly along the centerline of Travis Street to an intersection with the centerline of 83rd Street; thence westerly along the centerline of 83rd Street to an intersection with the southwesterly extension of the west line of Lot 5, Block 10, Overland Heights No. 2; thence northeasterly along the west line of said Lot 5 and its northeasterly extension to an intersection with the centerline of Overland Park Drive; thence northwesterly along the centerline of Overland Park Drive to an intersection with the centerline of Hamilton Drive; thence northeasterly along the centerline of Hamilton Drive to an intersection with the west line of Lot 2, Overland Park Community Center; thence southeasterly along the west line of said Lot 2 to the southwest corner of said Lot 2; thence northeasterly along the south line of said Lot 2 and its northeasterly extension to an intersection with the centerline of Marty Street; thence southeasterly along the centerline of Marty Street to an intersection with the east line of Section 30, Township 12 South, Range 25 East; then northerly along the east line of said Section 30 to the point of beginning;

and

Beginning at the intersection of the centerline of Valley View Drive and the centerline of Newton Street in Section 30, Township 12 South, Range 25 East; thence northwesterly along the centerline of Newton Street to an intersection with the centerline of Santa Fe Drive; thence southwesterly along the centerline of Santa Fe Drive to an intersection with the centerline of Newton Street; thence northerly along the centerline of Newton Street to an intersection with the centerline of 81st Street; thence westerly along the centerline of 81st Street to an intersection with the centerline of Robinson Street; thence south along the centerline of Robinson Street to an intersection with the westerly extension of the south line of Lot 1, Overland Acres; thence easterly along the south line of said Lot 1 and its extension to the southeast corner of said Lot 1; thence northerly along the east line of said Lot 1 to the southern corner of Lot 2, Overland Acres; thence northeasterly along the southeast line of said Lot 2 to the eastern corner of said Lot 2; then southeasterly along the north line of Lot 5, Overland Acres, and its southeasterly extension to an intersection with the centerline of Valley View Drive; thence northeasterly along the centerline of Valley View Drive to the Point of Beginning;

and

Beginning at the intersection of the centerline of 78th Street and the centerline of Foster Street in Section 19, Township 12 South, Range 25 East; thence westerly along the centerline of 78th Street to an intersection with the centerline of Newton Street; thence southerly along the centerline of Newton Street to an intersection with the westerly extension of the south line of Lot 33, Marty’s 1st Addition to Overland; thence easterly along the south lines of Lots 33 and 34, Marty’s 1st Addition to Overland to the southeast corner of said Lot 34; thence easterly to the southwest corner of Lot 35, Marty’s 1st Addition to Overland; thence easterly to the southeast corner of said Lot 35; thence northerly along the west line of Lot 36, Marty’s 1st Addition to Overland for a distance of 167.8 feet; thence east along a line 167.8 feet north of and parallel to the south line of said Lot 36 to an intersection with the centerline of Foster Street; thence northerly along the centerline of Foster Street to the point of beginning.

(History: Ord. BID-3272 §1, 2019; Ord. BID-2978 §1, 2012; BID-2844 §1, 2009; BID-1988 §1, 96; BID-1525 §1, 88)

Effective on: 1/1/1901

2.14.020 Services To Be Provided.

The District shall be created to provide for the administration and financing of Services to the Businesses in the District as adopted by the Governing Body in the annual City budget. The Services may include and are limited to: administration, operating expenses, general downtown promotions, open air markets, transportation, parking, streets, street lighting, traffic controls, refuse collection and disposal, security, snow removal, beautification, parks and recreation, programs for special populations and capital improvements, which do not require multi-year funding and that are not otherwise provided for in the annual City budget.

The City may contract with a not-for-profit corporation or any other entity for the provision of specified Services within the District; and the City may use the BID Fees to finance the same.

(History: Ord. BID-2978 §2, 2012; BID-1525 §2, 88)

Effective on: 1/1/1901

2.14.030 Methods Used to Finance Services.

The Services shall be financed through a business improvement service fee assessed by the City (the “BID Fee”), established by annual ordinance, against the Businesses within the District according to reasonable classification based on any or all of the following factors:

A.
Type of Business
B.
Building or land square footage
C.
Location within defined tiers of the District
D.
Number of residential dwelling units available for lease or rent

(History: Ord. BID-3096 §1, 2015; BID-2978 §3, 2012; BID-1988 §2, 96; BID-1525 §3, 88)

Effective on: 1/1/1901

2.14.040 BID Advisory Board.

The Downtown Business Improvement District Advisory Board (the “BID Advisory Board”) is hereby established in accordance with the provisions of the Business Improvement District Act. The duties of the BID Advisory Board shall be:

A.
To monitor and oversee the provision of Services financed by the BID Fees.
B.
To submit to the Governing Body the following recommendations:
1. 1.
  A recommended program of Services to be performed or provided within the District during the coming assessment year, and a proposed budget to accomplish the same. (To be submitted no later than May 15th of each year.)
2. 2.
  A proposed schedule of the BID Fees for assessment on the Businesses within the District for the Services. (To be submitted no later than November 1st of each year.)
C.
To act as an appeals board for any disputes concerning methods of the assessment of the BID Fee on Businesses within the District. Such appeals shall be submitted to the City Clerk in writing. The written appeal must provide the basis of the appeal and the correction being requested. Unless otherwise coordinated with the appellant, the BID Advisory Board shall consider the appeal no later than sixty (60) days following receipt of the appeal.

(History: Ord. BID-2978 §4, 2012; ROCR-2245 §1, 2001; BID-1525 §4, 88)

Effective on: 1/1/1901

2.14.050 Number, Appointment, and Terms of BID Advisory Board.

There shall be seven (7) board members of the BID Advisory Board who shall be appointed by the Mayor with consent of the City Council. Board members shall be representative of Businesses located within the District. Nothing herein shall prohibit the board members from also serving on the board of directors of a not-for-profit corporation with which the City may contract to provide specified services within the District; provided, however, no board member shall, directly or indirectly, receive compensation for service on the board.

Of the board members first appointed to the BID advisory Board, four (4) shall be appointed for a term of one (1) year and three (3) shall be appointed for two (2) years. On the expiration of the term of each board member, subsequent terms shall be for a period of two (2) years. No person shall be a board member for a period in excess of six (6) consecutive years.

(History: Ord. BID-2978 §5, 2012; BID-1830 §1, 93; BID-1525 §5, 88)

Effective on: 1/1/1901

2.14.060 Definitions.

A.

Business – shall mean any individual, sole proprietorship, corporation, partnership or other organization engaged in the exchange, purchase, sale, provision or manufacturing of any commodities, products or services, including, but not be limited to, the commercial use of property for retailing, business services, personal services, office functions, utilities, manufacturing, warehousing, repair, entertainment, or wholesaling purposes.

The term “Business” shall also include:

1. 1.
  The ownership of buildings or structures, or parts thereof, which are unoccupied and which are held for investment purposes, and which are or could be offered for sale or lease, excluding residential properties that are owner occupied or which contain 9 or fewer residential units for lease.
2. 2.
  The ownership of parcels of vacant commercial land or parcels of land where new buildings are under construction but not yet occupied, which is held for investment purposes, for sale or lease, or for development purposes.
3. 3.
  A multi-unit residential Business, meaning a Business providing residential living space of at least 10 apartments, units or rooms under common ownership. Examples, include, but are not limited to, apartment complexes, condominium complexes, independent and assisted living facilities (such as for the elderly or disabled), nursing homes and similar facilities.

Notwithstanding the above, all property owned or used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and charitable purposes shall be excluded from the provisions of this ordinance in accordance with K.S.A. 12-1782. Evidence of non-profit status shall include but not be limited to exemption from state property taxes, or designation by the Federal Internal Revenue Service as a Section 501(C) organization.

Effective on: 1/1/1901

B.
BID Fee shall mean a business improvement service fee assessed on Businesses as established by Section 2.14.030, in the amounts established under by Section 2.14.070, and as administered by Section 2.14.080.

Effective on: 1/1/1901

C.
District – shall mean the Downtown Business District of the City of Overland Park, Kansas, the boundaries of which are set forth in Section 2.14.010.

Effective on: 1/1/1901

D.
Services shall mean governmental functions, programs, activities, facilities improvements and other services which the City is authorized to perform or provide, as identified further in Section 2.14.020.

Effective on: 1/1/1901

E.
Total Building Area - shall mean the gross building area for all buildings on the property as reported by the Johnson County Appraiser, less a 10 percent allowance for common areas and mechanical spaces. Total Building Area shall not include parking structures. Where a property contains both commercial and residential business uses, the Total Building Area shall be divided into separate portions for the commercial and residential components as reported by the Johnson County Appraiser.

(History: Ord. BID-3272 §2, 2019; Ord. BID-3096 §2, 2015; BID-2978 §6, 2012; BIS-1526 §1, 88)

Effective on: 1/1/1901

2.14.070 Methods of Assessment.

A.
As set forth in Section 2.14.080 A., the property owners of each Business within the District shall be assessed a BID Fee for each assessment year.
B.
A BID Fee assessment ordinance shall be adopted for each assessment year in accordance with the requirements of the Kansas Statutes. The BID Fee assessment ordinance shall establish for the assessment year:
1. 1.
  A rate for the Total Building Area of commercial business use;
2. 2.
  A rate for the Total Building Area of residential business use; and
3. 3.
  A rate for the gross land area of land parcels that are vacant or under construction.

The BID Fee shall not increase from year to year without a public hearing to consider the increase.

C.
For the purposes of the BID Fee calculation:
1. 1.
  A fee shall be calculated for each parcel or contiguous group of parcels of land under common ownership;
2. 2.
  The fee shall be the sum of the fee calculations for Total Building Area for commercial businesses, Total Building Area for residential businesses, and gross land area for parcels of land that are vacant or under construction; and
3. 3.
  A parcel of land or multiple contiguous parcels of land shall be considered to be in the tier which contains the majority of the gross land area.

(History: Ord. BID-3272 §3, 2019; Ord. BID-2978 §7, 2012; BID-2586 §1, 2005; BID-2368 §1, 2002; BID-1988 §3, 96; BID-1614 §1, 89; BIS-1526 §2, 88)

Effective on: 1/1/1901

2.14.080 Administration of Assessment.

A.
Annual BID Fee Assessment.
1. 1. 1.
    The property owners of each parcel or contiguous group of parcels within the District shall be assessed the BID Fee for each assessment year. Each assessment year shall run from January 1st to December 31st.
  2. 2.
    The City shall assess the BID Fee prior to December 31st. The BID Fee is due upon issuance of the assessment and shall be considered past due if not paid on or before February 1st.
  3. 3.
    When assessments for the BID Fee are prepared, all unpaid past due amounts (for outstanding BID Fees, late fees and costs) shall be added to the amount of the current assessment.
B.
BID Fee Assessment Years 2020-2024.
1. 1.
  For Assessment Years 2020 through 2024 (only), the property owner shall have the option of either: (1) paying the entire BID Fee; or (2) requesting that the BID Fee be allocated and assessed to individual tenants which will have business leases active on and after January 1st of the upcoming assessment year; provided however, the property owner shall be responsible for any portion of the BID Fee not allocated to any tenants.
2. 2.
  For property owners selecting the second option, the property owner must provide the City no later than December 15th a roster of tenants which will have business leases active on and after January 1st of the upcoming assessment year. The roster shall include: (1) the name of each tenant; (2) each tenant’s contact and contact address; and (3) the percentage of the BID Fee which should be allocated to each tenant based upon their leased space as a percentage of the Total Building Area. The City shall then assess each tenant for their proportional share of the BID Fee. Where the Total Building Area is greater than the sum of all allocated tenant leased spaces, the remaining percentage of the BID Fee shall be allocated to the property owner.
3. 3.
  In the event a property owner selects the second option and a tenant fails to pay the amount it was assessed by April 1st, the City may: (1) (re)assess the property owner for the outstanding amount; or (2) add the outstanding amount to the assessment for the following year as set forth in Subsection A.3. above. In either event, any late fee ascribed to the tenant shall not be assessed to the property owner, provided, however, a late fee may be assessed to the property owner if the outstanding amount is then not paid within 30 days of (re)assessment.
C.
Late Fee. A late fee of 25 percent shall be assessed when any BID Fee becomes past due.
D.
Refund. No refunds for any BID Fee paid will be given to any Business properly assessed a BID Fee, regardless of when the Business vacates the premises and whether or not a new Business subsequently assumes that location during the balance of the year for which the BID Fee was paid.
E.
Appeal. If a Business feels that it received an assessment in error or that the amount of the assessment was miscalculated or based upon incorrect information, then the Business may submit a written appeal to the City Clerk’s office on or before February 1st (or within 30 days of the initial assessment). The written appeal must provide the basis of the appeal, the correction being requested and an address or email address for the appellant to receive the City’s response. The written appeal shall be reviewed by the Director of Finance, the Director of Planning & Development Service and the City Attorney (or their designees). Following such review, the City will send either a revised assessment if the appeal is determined to have merit, or a written notice stating that the appeal has been denied. The Business shall then have 30 days from the date of the revised assessment or the written notice to make payment before such amount is considered past due, or alternatively, to file an appeal with the BID Advisory Board pursuant to O.P.M.C. Section 2.14.040 C.
F.
Collection. If it becomes necessary to utilize the services of a collection agency, attorney or court action in order to collect any outstanding BID Fee, late fees or costs due and owing from a Business, the cost of said collection agency, attorney or court action shall be added to the amount due to the City and shall become a legal obligation of said Business.
G.
Agent. The City may use BID Fees to contract with any person or organization, including, but not limited to, the not-for-profit corporation with which the City contracts for other specified services within the District, to do the tasks of compiling a list of Businesses in the District, determining their respective floor area or land area and/or to assist with the assessment or collection of the BID Fee.

(History: Ord. BID-3298 §1, 2020; Ord. BID-3272 §4, 2019; Ord. BID-2978 §8, 2012; BID-2889 §1, 2010; BID-2494 §1, 2004; BID-2368 §2, 2002; BID-1988 §4, 96; BID-1614 §2, 89; BIS-1526 §3, 88)

Effective on: 1/1/1901

2.14.090 Protest Petition.

In the event a protest petition is filed as provided for by K.S.A. 12-1789, the voting system shall be one vote per each Business assessed, except ownership of unoccupied real estate which shall have one vote per separate location. Separate location shall be defined as each individual building with unoccupied real estate.

(History: Ord. BID-2978 §9, 2012; BIS-1526 §4, 88)

Effective on: 1/1/1901

2.14.100 Enforcement.

A.
The amount of any unpaid BID Fee, together with any late fees, the payment of which is required hereunder, shall constitute a debt due to the City. No civil judgment shall bar or prevent a criminal prosecution for each and every violation of this Chapter.
B.
It shall be unlawful for any person who is the owner, manager, operator, or person in control of any Business required to pay a BID Fee pursuant to this Chapter, to continue to operate said Business after the BID Fee or any late fee has become past due and remains unpaid. It shall also be unlawful for any property owner required to pay a BID Fee pursuant to this Chapter to allow a tenant to continue to operate a Business on the property owner’s property that is subject to a BID Fee pursuant to this Chapter. Any person convicted of a violation of this Section shall be fined in a sum no greater than $500.00 and assessed court costs as determined by the court. Each day of said violation shall constitute a separate offense.

(History: Ord. BID-3298 §2, 2020; Ord. BID-2978 §10, 2012; BID-2844 §2, 2009; BIS-1526 §5, 88)

Effective on: 1/1/1901

2.14.110 Validity.

Should any section, subsection, paragraph, clause or provision of this Chapter be declared by a court of competent jurisdiction to be invalid or unconstitutional, the same shall not affect the validity of the Chapter as a whole or any part thereof, other than the part so declared to be invalid or unconstitutional. The Governing Body hereby declares that it would have passed this Chapter and each section, subsection, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases be declared invalid.

(History: Ord. BID-2978 §11, 2012; BIS-1526 §6, 88)

A.
The City Manager may approve, on behalf of the City:
1. 1.
  
  All non-monetary contracts and agreements after consultation with the law department; and
2. 2.
  
  All monetary contracts and agreements when consideration does not exceed $150,000, subject to availability of authorized funding.
B.

The City Manager shall provide a written report on a no less than quarterly basis to the Governing Body listing those contracts and agreements that the City Manager has approved during the previous period.
C.

The City Manager is authorized to delegate authority to approve contracts and agreements to Department Directors and other designees, provided the consideration does not exceed $50,000.
D.
The following words and phrases when used in this Chapter shall have the meanings respectively ascribed to them:
1. 1.
  
  "Contract" means an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. Contracts include leases and licenses of City property, and leases and licenses of other property by the City.
2. 2.
  
  "Agreement" means a mutual understanding between two or more persons about their relative rights and duties regarding past or future performances.

(History: Ord. CM-3504 §1; Ord. CM-3473 §1, 2025; CM-3406 §1, 2023; Ord. CM-3232 §1, 2019; Ord. CM-2989 §1, 2013; CM-2290 §1, 2001)

Effective on: 1/1/1901

2.18.080 City Manager Authorized to Accept or Approve Certain Documents and Actions on Behalf of the City.

Notwithstanding anything to the contrary found in existing ordinances and resolutions of the City, the City Manager or designee may accept or approve, on behalf of the City:

A.

all easement documents;
B.

deeds of dedication;
C.

contract work orders;
D.

utility relocation and right-of-way certifications and agreements;
E.

funding, grant and donation agreements and documents, where the City is receiving the funding, grant or donation;
F.

the termination of a contract or agreement; and
G.

the initiation of litigation related to conditions or provision within a contract or agreement that has been offered to, approved, or entered into by the City.

Before the City Manager initiates any termination or litigation under this Section, the City Manager must provide the Governing Body with reasonable advance notice of such action. Any such action must also be included in the City Manager's written report to the Governing Body as required by O.P.M.C Section 2.18.070.

(History: Ord. CM-3504 §2; Ord. CM-3232 §2, 2019; Ord. CM-2290 §2, 2001)

Effective on: 1/1/1901

2.18.090 City Manager Authorized to Approve Certain Change Orders on Behalf of the City.

A.
The City Manager may approve, on behalf of the City:
1. 1.
  
  All nonmonetary change orders after consultation with the law department; and
2. 2.
  
  All monetary change orders to existing contracts and agreements when the aggregate amount of the change order does not exceed $150,000, subject to the availability of authorized funding.
B.

The City Manager shall provide a written report on a no less than quarterly basis to the Governing Body listing those change orders that the City Manager has approved during the previous period.
C.

The City Manager is authorized to delegate authority to approve monetary change orders to existing contracts and agreements to Department Directors and other designees, provided the aggregate amount of the change orders does not exceed $50,000.
D.

"Change order" means modification, amendment, or addition to an existing contract or agreement issued to cover additional costs or address changes that may be needed after the contract or agreement is approved or a bid is let.

(History: Ord. CM-3473 §2, 2025; CM-3232 §3, 2019; Ord. CM-2989 §2, 2013; CM-2290 §3, 2001)

Contents:

Article I. Code of Ethics for City Employees

2.22.010 Adoption of Code of Ethics for City Employees and Declaration of Policy

There is hereby established a Code of Ethics for all City employees, whether paid in whole or in part by the City, or unpaid. The purpose of this Code is to establish ethical standards of conduct for all City employees by setting forth those acts or actions that are incompatible with the best interests of the City. The provisions and purpose of this Code and such rules and regulations as may be established by the City Manager are hereafter declared to be in the best interests of the City of Overland Park, Kansas.

(History: Ord. COE-3303 §2, 2020; Ord. COE-1694 §1, 91)

Effective on: 1/1/1901

2.22.020 Responsibilities of Public Office

City employees hold employment for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of the State of Kansas and to carry out impartially the laws of the nation and state, as well as the City of Overland Park, Kansas, and thus to foster respect for all government. They are bound to discharge faithfully the duties of their employment, regardless of personal considerations, recognizing that the public interest must be their primary concern.

(History: Ord. COE-1694 §2, 91)

Effective on: 1/1/1901

2.22.030 Substantial Interest Defined

A.
"Substantial interest" means any of the following: (a) If an employee or an employee’s spouse, either individually or collectively, has owned within the preceding 12 months a legal or equitable interest exceeding $5,000 or 5% of any business, whichever is less, the employee has a substantial interest in that business.
B.
If an employee or an employee's spouse, either individually or collectively, has received during the preceding calendar year compensation which is or will be required to be included as taxable income on federal income tax returns of the employee and spouse in an aggregate amount of $2,000 from any business or combination of businesses, the employee has a substantial interest in that business or combination of businesses.
C.
If an employee or an employee's spouse, either individually or collectively, has received in the preceding 12 months, without reasonable and valuable consideration, goods or services having an aggregate value of $500 or more from a business or combination of businesses, the employee has a substantial interest in that business or combination of businesses.
D.
If an employee or an employee's spouse holds the position of officer, director, associate, partner or proprietor of any business, other than an organization exempt from federal taxation of corporations under section 501(c)(3), (4), (6), (7), (8), (10) or (19) of Chapter 26 of the United States Code, the employee has a substantial interest in that business, irrespective of the amount of compensation received by the employee or employee’s spouse.
E.
If an employee or an employee’s spouse receives compensation which is a portion or percentage of each separate fee or commission paid to a business or combination of businesses, the employee has a substantial interest in any client or customer who pays fees or commissions to the business or combination of businesses from which fees or commissions the employee or the employee's spouse, either individually or collectively, received an aggregate of $2,000 or more in the preceding calendar year.

(History: Ord. COE-1694 §3, 91)

Effective on: 1/1/1901

2.22.040 Participation in City Contracts

A.
No City employee shall, in the capacity of such an employee, make or participate in the making of a contract with any person or business by which the employee is employed or in whose business the employee has a substantial interest;
B.
No person or business shall enter into any contract where any City employee, acting in that capacity, is a signatory to or a participant in the making of the contract and is employed by or has a substantial interest in the person or business.
C.
A City employee does not make or participate in the making of a contract if the employee abstains from any action in regard to the contract.
D.
This section shall not apply to the following:
1. 1.
  Contracts let after competitive bidding has been advertised for by published notice; and
2. 2.
  Contracts for property or services for which the price or rate is fixed by law.
E.
Any City employee who has a substantial interest in a business submitting a bid for award of a City contract must inform the City in writing as part of the bid submission, that the employee has a substantial interest in the business and the nature of the substantial interest. For purposes of this subparagraph only, the term "substantial interest" shall mean the following: If an employee or an employee’s spouse, either individually or collectively, has owned within the preceding twelve months a legal or equitable interest exceeding five percent of any business.

(History: Ord. COE-2370 §1, 2002; COE-1694 §4, 91)

Effective on: 1/1/1901

2.22.050 Participation in Other Matters

A.
Any City employee who has not filed a disclosure of substantial interests shall, before acting upon any matter which will affect any business in which the employee has a substantial interest, file a written report of the nature of the interest with the Johnson County Election Commissioner.
B.
A City employee does not pass or act upon any matter if the employee abstains from any action in regard to the matter.

(History: Ord. COE-1694 §5, 91)

Effective on: 1/1/1901

2.22.060 Disclosure of Tax Exempt Corporations

Although a City employee does not have a substantial interest in a notforprofit organization which is exempt from federal taxation under Section 501(c) (3), (4), (6), (7), (8), (10) or (19) of Chapter 26 of the United States Code by virtue of holding the position of officer, director, associate, partner or proprietor, the employee must disclose this interest if he/she intends to participate in any matter between the City and the organization. The disclosure must be filed with the Johnson County Election Officer before the employee acts on the matter.

(History: Ord. COE-1694 §6, 91)

Effective on: 1/1/1901

2.22.070 Restrictions on Former Employees in Matters Connected with their Former Duties

A.
It shall be a breach of ethical standards for any former employee knowingly to act as a principal, or as an agent for anyone other than the City, in connection with any:
1. 1.
  judicial or other proceeding, application, request for a ruling, or other determination;
2. 2.
  contract;
3. 3.
  claim; or
4. 4.
  charge or controversy,

in which the employee participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, investigation, or otherwise while employed by the City, and where the City is a party or has a direct and substantial interest.

B.
It shall be a breach of ethical standards for any former employee, within one year after cessation of the former employee's official responsibility, knowingly to act as a principal, or as an agent for anyone other than the City, in connection with any:
1. 1.
  Judicial or other proceeding, application, request for a ruling, or other determination;
2. 2.
  contract;
3. 3.
  claim; or
4. 4.
  charge or controversy,

which arose during the employment of the former employee and which were within the official responsibility of the former employee; provided that the City is a party or has a direct or substantial interest in the matter.

(History: Ord. COE-1694 §7, 91)

Effective on: 1/1/1901

2.22.080 Restriction on Former Employees in Selling to the City

It shall be a breach of ethical standards for any former employee to engage in selling or attempting to sell supplies, services, or construction to the City for one year following the date employment ceased.

The term "sell" as used herein means signing a bid, proposal, or contract; negotiating a contract; contacting any employee for the purpose of obtaining, negotiating, or discussing changes in specifications, price, cost allowances, or other terms of a contract; settling disputes concerning performance of a contract; or any other liaison activity with a view toward the ultimate consummation of a sale although the actual contract therefor is subsequently negotiated by another person; provided, however, that this Section is not intended to preclude a former employee from accepting employment with private industry solely because the former employee's employer is a contractor with this city, nor shall a former employee be precluded from serving as a consultant to this City.

This section shall not apply to the following:

1.
If the former employee, before he/she engages in or attempts to sell, makes a full disclosure to the Governing Body of the former employee's date of employment and position with the City, and the Governing Body determines that it is in the best interest of the City to permit the former employee to sell or attempt to sell such supplies, services, or construction.
2.
Participation in the competitive bidding process after competitive bidding has been advertised for by published notice or to contracts let after such competitive bidding, provided the former employee must make a full disclosure of the former employee’s dates of employment and position with the City. This disclosure shall be in the form of a cover letter attached to the bid documents submitted by the former employee.
3.
Contracts for property or services for which the price or rate is fixed by law.

(History: Ord. COE-2596 §1, 2006; COE-1694 §8, 91)

Effective on: 1/1/1901

2.22.090 Sanctions

Violations shall be an administration matter. For violations of the provisions of Section 4 of this ordinance, the employee shall be terminated. Violations of any provisions of this ordinance, except Section 4, may constitute a cause for suspension, termination, or other disciplinary action. Violations of any provision of this ordinance may constitute cause to cancel any contract, cease negotiations on any contract and rescind or modify any previous action based upon any such violation.

Elected and appointed officials of the City shall not commit official misconduct. Official misconduct includes:

A.
Discrimination. Elected and appointed officials shall not discriminate on the basis of sex, race, color, ethnic background, religion, age, national origin, gender, sexual orientation, disability, gender identity, or gender expression of employees in their employment with the City or individuals in their use and enjoyment of the services, privileges, and advantages of the City. This provision does not prohibit officials from making appointments, filling vacancies, or otherwise engaging the public in such way as to include community members with diverse backgrounds based on sex, race, color, ethnic background, religion, age, national origin, gender, sexual orientation, disability, gender identity, or gender expression.
B.
Nepotism. In order to avoid conflicts of interest or perceptions of a conflict, family members of the Governing Body should not be appointed to serve as a member of a Plural Authority, and elected or appointed officials shall not request or recommend family members for employment with the City. This provision shall not prevent an official from providing a recommendation for their minor child(ren)’s temporary employment with the City, or an official’s minor child(ren) from being appointed to a Plural Authority. For purposes of this provision, “family member” is defined as the spouse, child, or parent of the official.
C.
Personal Gifts and Favors. Elected and appointed officials shall not accept personal gifts where they know or should know a personal gift worth more than a nominal value ($50.00 or more) would not be extended to them except for their official position, or where they know or should know a personal gift is intended to influence their official actions. This provision shall not apply to: a) an award publicly presented in recognition of public service, b) gifts conferred on account of kinship or other personal, professional, or business relationships independent of the official status of the receiver, or c) trivial gifts involving no substantial risk of undermining official impartiality.
D.
Pre-Acquisition of Interest. Elected or appointed officials shall not acquire a personal financial interest in a contract or transaction which is under consideration by the City if the official learns while acting within the scope of their official duties that they will obtain a personal financial benefit by the action of the City on such contract or transaction.
E.
Private Use of Public Resources. Elected and appointed officials shall not use public resources that they may use in their official capacity (e.g. City-owned vehicles, City staff time, equipment, supplies, property, etc.) for private gain, personal purposes, or other activities not related to City business unless otherwise authorized by law or City policy. Prohibited activities that are not related to City business include using public resources to post or otherwise interact on social media pages, pursue personal commercial endeavors, or conduct political activity to include the activity prohibited by K.S.A. 25-4169a, and amendments thereto.
F.
Representation of Private Interests. To avoid creating the appearance of impropriety, undue influence, and impartiality, elected and appointed officials shall not appear on behalf of the private interests of any person or business entity before the City Council, Council Committee, or any Plural Authority to which they have been appointed, unless they are representing themselves, their spouse, or their minor child(ren). This provision does not prohibit an elected or appointed official from attending City Council, Council Committee, or Plural Authority meetings in the performance of public or civic obligations.
G.
Use or Disclosure of Confidential Information. Elected and appointed officials shall not, without proper legal authorization, disclose any confidential or privileged information provided to them in their official capacity, nor use such information to advance their personal, financial, or other private interests. For the purposes of this provision, “confidential or privileged information” includes any material information discussed in a closed or executive meeting that is specifically related to the basis for the closed or executive meeting and has not previously been made available to the public, and any record or information therein that has not previously been made available to the public and the official knows or should know is confidential.

(History: Ord. No. COE-3303 §5, 2020)

Effective on: 1/1/1901

2.22.140 Advisory Opinions

Any elected or appointed official may submit a written request to the City Attorney for an advisory opinion regarding whether their own proposed actions or conduct would violate a provision of this Article. The official shall have the opportunity to present the official’s interpretation of the facts at issue and of the applicability of provisions of this Article before such advisory opinion is made. When determining if there is clear and convincing evidence that an official who is the subject of the alleged violation violated a provision of this Article, the Independent Counsel shall presume that the official did not violate a provision of this Article if the official has received an advisory opinion and acted in accordance with its provisions.

(History: Ord. No. COE-3303 §6, 2020)

Effective on: 1/1/1901

2.22.150 Enforcement

A.
Complaints.
1. 1.
  If an elected or appointed official believes another elected or appointed official has violated a provision of this Article, the official with that belief should first advise the other official of their belief. If the official initiating the concern does not believe the matter has been satisfactorily resolved, the official may file a written complaint with the City Attorney who will forward the complaint to the Independent Counsel and the official accused of the violation.
2. 2.
  Any person that is not an elected or appointed official may submit a written complaint regarding an apparent violation of this Article to the City Attorney who will forward the complaint to the Independent Counsel and the official accused of the violation.
B.
Investigations.
1. 1.
  The City Attorney shall select Independent Counsel to investigate complaints and if necessary present investigative findings to the Council Committee of the Whole. The Independent Counsel should have experience conducting investigations or in the area of governmental ethics.
2. 2.
  The Independent Counsel shall investigate the complaint if they determine that the allegations in the complaint, if true, would constitute a violation of the provisions of this Article. If the Independent Counsel does not believe the allegations in the complaint, if true, would constitute a violation of this Article, the Independent Counsel shall provide their reasons for this finding in writing to the City Attorney who will forward those reasons to the complainant and the official accused of the violation.
3. 3.
  If Independent Counsel proceeds with an investigation, they will also determine whether the alleged violation of the provisions of this Article would also constitute a violation of State or other local law.
4. 4.
  The Independent Counsel or City Attorney may also determine that a complaint is frivolous, or that repeated complaints are intended to disrupt essential functions of the City or harass an elected or appointed official. If the Independent Counsel makes such a determination, the Independent Counsel shall present that finding to the City Attorney. If a determination has been made that a complaint is frivolous or is intended to disrupt essential functions of the City or harass an elected or appointed official, the City Attorney may dismiss the complaint and refuse to accept another complaint from the complainant for up to one (1) year following notice to the complainant. Such determination may be appealed to the City Manager and the right to appeal shall be included in the notice to the complainant. For the purposes of this provision, a frivolous complaint is a complaint that has no basis in law or fact and is brought either in bad faith or for the purpose of harassment.
C.
Investigative Findings.
1. 1.
  Upon concluding the investigation of a complaint, if the Independent Counsel finds that there is clear and convincing evidence that the official who is the subject of the complaint violated a provision of this Article, they shall notify the City Attorney and the City Manager, and the City Manager shall coordinate issuance of a Call and Notice for a Special Formal Meeting of the Council Committee of the Whole. Prior to the meeting of the Council Committee of the Whole, the City Attorney shall present the investigative findings to the official accused of the violation. The Independent Counsel shall present their investigative findings at the meeting of the Council Committee of the Whole where the matter is discussed, and the official who is accused of the violation shall have the right to present evidence on their behalf at the meeting. After reviewing the investigative findings and the presentation of any evidence, the Council Committee of the Whole will determine whether or not the official accused of the violation committed official misconduct.
2. 2.
  If the Independent Counsel concludes that there is clear and convincing evidence that an official has violated a provision of this Article and that such violation also constitutes a violation of State or other local law, the Independent Counsel shall include this information in the investigative findings they present to the City Manager, City Attorney, and Council Committee of the Whole.
3. 3.
  Upon concluding the investigation of a complaint, if the Independent Counsel finds that there is not clear and convincing evidence that the official who is the subject of the alleged violation violated a provision of this Article, the Independent Counsel shall not present the investigative findings to the Council Committee of the Whole but shall provide their reasons for this finding in writing to the City Attorney who will forward those reasons to the complainant and the official accused of the violation.

(History: Ord. No. COE-3303 §7, 2020)

Effective on: 1/1/1901

2.22.160 Sanctions

If the Council Committee of the Whole determines an official who is the subject of an investigation under this Article committed official misconduct, the Committee may recommend to the City Council and the City Council may approve one or more of the following actions:

a.
No action be taken;
b.
Requiring that the official participate in ethics training. Failure to complete such training after it has been ordered by the City Council shall constitute a separate and additional violation of the provisions of this Article;
c.
Issuing a written warning or an informal reprimand;
d.
Adopting a formal resolution of public censure;
e.
In the case of appointed members of a Plural Authority, recommending that the Governing Body remove the member from such position in accordance with Section 2.09.071 of the Overland Park Municipal Code; or
f.
Other lawful action that the City Council deems appropriate.

(History: Ord. No. COE-3303 §8, 2020)

Effective on: 1/1/1901

2.22.170 Violations of State and Other Local Laws

Violations of State or other local laws by elected and appointed officials of the City may involve independent proceedings and penalties. If a complaint alleges a violation of any State or other local law, or if the Independent Counsel concludes that an official has violated a provision of this Article and such violation also constitutes a violation of State or other local law, the City Manager, City Attorney, or Governing Body may submit to the Chief of Police, the Kansas Governmental Ethics Commission, the Kansas Attorney General, the Johnson County District Attorney, or other appropriate official a request for review, investigation, or other appropriate action pursuant to State or local law, including but not limited to initiation of criminal or civil proceedings, forfeiture of office, or ouster proceedings if appropriate.

(History: Ord. No. COE-3303 §9, 2020)

Effective on: 1/1/1901

2.27 City Treasurer

Contents:

2.27.020 Duties.

The Chief Financial Officer for the City is hereby designated as the City Treasurer. This designation shall not affect the Chief Financial Officer's status as an employee of the City, and shall remain effective during the Chief Financial Officer's employment by the City and shall apply with equal force to all successors. Whenever the position of Chief Financial Officer is vacant, the City Manager shall designate another City employee with appropriate education, training, and experience to serve as Interim City Treasurer. The Chief Financial Officer, in the capacity as City Treasurer, may take such actions that are authorized by the City Manager and by law, and shall perform all duties as may be prescribed by the City Manager and by law.

(History: Ord. No. CT-3306 §1, 2020; Charter Ord. 11 §2, 70)

Effective on: 1/1/1901

2.27.030 Requirements of Bond.

The City Treasurer shall give a good and sufficient surety company bond to the City in such amount and in such form as may be required by the Governing Body or City Manager, and the cost of such bond, if any, shall be borne by the City; and the bond shall be conditioned for the faithful discharge of the City Treasurer’s duties, and the City Treasurer shall safely keep all public moneys entrusted to their care, and save the City free and harmless from all loss caused by neglect of duty or malfeasance in office.

(History: Ord. No. CT-3306 §2, 2020; Charter Ord. 11 §3(part), 70)

Effective on: 1/1/1901

2.27.040 Deposit of Moneys with City Treasurer.

All moneys belonging to the City and received by any officer or agent thereof, from collection, fines, or any other source whatsoever, shall be deposited with the City Treasurer. All persons charged with the collection of any money under this ordinance shall promptly pay the same over to the City Treasurer, under such penalty as may be established by law.

(History: Ord. No. CT-3306 §3, 2020; Charter Ord. 11 §3(part), 70)

Effective on: 1/1/1901

2.27.050 Deposits in Bank - Bond - Bank Duties.

The City Treasurer shall make deposits in some responsible bank or banks to their credit as City Treasurer of the City. The bank or banks shall be selected by the Governing Body by resolution and enter into agreements with the City in accordance with K.S.A. 9-1401, and amendments thereto. The bank or banks shall either execute and deliver to the City a good and sufficient surety company bond or provide a security interest in accordance with K.S.A. 9-1402, and amendments thereto.

(History: Ord. No. CT-3306 §4, 2020; Charter Ord. 11 §3(part), 70)

Effective on: 1/1/1901

2.33 Municipal Court

Contents:

2.33.285 Definitions

The definitions within K.S.A. 12-4113, and amendments thereto, shall apply when the words or phrases defined therein are used in this Chapter, except where this Section or another Section in this Chapter provides a different definition or a particular context clearly requires a different meaning. In addition, the following words and phrases whenever used in this Chapter shall be understood as defined in this Section except where a different definition in the Code clearly applies or a particular context clearly requires a different meaning:

Administrative Function means the establishment and maintenance of adequate fiscal, personnel, clerical, and administrative policies and procedures for the efficient functioning of the municipal court, including but not limited to:

i.

Responsibility for all personnel and administrative matters involving all municipal court employees, to include providing the necessary direction and supervision regarding compliance with the direction of the municipal court judges relating to the administration of the Judicial Function of the municipal court.
ii.

Responsibility to the presiding judge of the municipal court for the implementation of the policies of the municipal court with respect to the Judicial Functions of the municipal court.
iii.

Issuing all process of the municipal court, administer oaths, file and preserve all papers, docket cases and set the same for trial and performing such further acts as may be necessary to carry out the duties, responsibilities, and administration of the municipal court.
iv.

Collecting, receiving, accounting for, and paying to appropriate City or State official monthly all fines, costs, fees, and forfeited bonds paid into the municipal court or assessed as part of a judgment.
v.

Making reports to the judicial administrator of the State of Kansas and furnishing the information when requested by the judicial administrator or a departmental justice on such forms furnished by the judicial administrator, and approved by the Kansas Supreme Court.
vi.

Providing direct supervision to offenders as set forth in sentencing orders or diversion agreements; meeting with offenders to ensure compliance regarding education, treatment, fines, jail and other requirements; and performing such other duties as the City Manager or their designee may deem appropriate.
vii.

Responsibility for the security, safety and orderly function of the municipal court.
viii.

Enforcing and serving court orders and processes, maintaining public order in the court operations and facilities, protecting the court and its officers in the exercise of their Judicial Functions, and executing all orders issued or made by lawful authority of the municipal court and the municipal court judges.
ix.

Making arrests or otherwise taking persons into custody; detaining or otherwise restraining persons; carrying firearms, concealed or otherwise; serving process; or exercising any other lawful power necessary to execute or enforce municipal court orders or performing duties as specified in this Chapter or as those duties might be determined by the City Manager or their designee or the municipal court judges.

City Officer means those individuals designated as a City Officer by the City Manager or pursuant to O.P.M.C. Chapter 2.66. Said officers shall have the authority to investigate violations of City ordinances, order compliance, and issue complaints and notices to appear.

Complaint means a sworn written statement, or a written statement by a law enforcement officer or City Officer, of the essential facts constituting a violation of an ordinance.

Confinement, confine, imprisonment or imprison means any restrained environment in which the court and law enforcement agency intend to retain custody and control of the accused person including, but not limited to any adult detention center, a juvenile detention center as allowed by law, house arrest, assignment to a community corrections residential center or any other environment approved by the City.

Judicial Function means a municipal court judge or presiding judge’s exercise of the powers set forth in O.P.M.C. Section 2.33.290.

(History: Ord. No. MCC-3463 §1, 2024)

Effective on: 1/5/2025

2.33.290 Municipal Court Judges; Powers and Duties.

A.

The municipal court judges shall have the power to administer oaths and enforce due obedience to all orders, rules and judgments made by them; may fine or imprison for contempt; and issue and enforce orders directing that an accused person shall not have direct or indirect contact with another person, in the same manner and to the same extent as the district court.
B.

The municipal court judges shall have the power to hear and determine all cases properly brought before them; to grant continuances; to sentence those found guilty to a fine or confinement in jail or in a house arrest program, or both such fine and confinement; to commit accused persons to jail in default of bond; to determine applications for parole; to release on probation and impose conditions thereon; to order evaluation, education, counseling, and training; to grant time in which a fine may be paid; to correct a sentence; to suspend imposition of a sentence; to set aside a judgment; to permit time for post trial motions; and to discharge accused persons.
C.

The municipal court judges shall promptly make such reports and furnish the information requested by any departmental justice or the judicial administrator, in the manner and form prescribed by the Kansas Supreme Court.
D.

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

Subject to the employment, personnel administration and supervisory authority of the City Manager as set forth in O.P.M.C Section 2.33.292 below, the municipal court judges shall have the authority to direct the staff of the municipal court in all matters involving the daily operation and administration of the Judicial Function of the municipal court as necessary to provide for the effective and efficient administration of the Judicial Function of the municipal court.
F.

The municipal court judges shall have the authority to establish the sessions, dockets and locations of the municipal court as set forth in O.P.M.C. Section 2.33.291.

(History: Ord. MCC-3463 §2, 2024; Ord. MCC-2981 §1, 2012; MCC-2572 §1, 2005; MCC-2498 §5, 2004; MCC-2351 §1, 2002; MCP-1987 §1, 96; Ch. Ord. 61)

Effective on: 1/5/2025

2.33.291 Sessions, Dockets and Locations of the Municipal Court.

A.

Subject to O.P.M.C. Section 2.33.292, the Municipal Court shall be held on such days and times as determined by the Presiding Judge, or a municipal court judge if the Presiding Judge is unavailable. Dockets of the Municipal Court shall be established and scheduled by the Presiding Judge.
B.
Municipal Court shall convene in the W. Jack Sanders Justice Center located at 12400 Foster, Overland Park, Kansas, except the Presiding Judge, or a municipal court judge if the Presiding Judge is unavailable may:
1. 1.
  
  authorize the use of remote proceedings; or
2. 2.
  
  in consultation with the City Manager or their designee, designate an alternative location for the Municipal Court when the W. Jack Sanders Justice Center facility is uninhabitable or unavailable for court, provided the alternative location is as close to the W. Jack Sanders Justice Center as reasonably possible.

(History: Ord. MCC-3463 §3, 2024; Ord. MCC-2351 §2, 2002)

Effective on: 1/5/2025

2.33.292 Municipal Court Personnel

The City Manager or their designee may hire personnel as necessary for the effective and efficient Administrative Function of the municipal court, and establish the days and times such personnel shall be available to operate the municipal court. The City Manager, or their designee shall be responsible for the hiring, discipline, compensation and all personnel and administrative matters related to the employment of municipal court employees; provided that the municipal court judges shall have the authority to direct the staff as set forth in O.P.M.C. Section 2.33.290.

The Mayor in accordance with O.P.M.C. Section 2.66.1080, the City Manager, or the City Manager’s designee may issue a commission and badge, which authorize certain powers including to arrest and issue notices to appear, to the municipal court personnel responsible for making arrests, serving court orders and processes, and protecting the court and its officers in the exercise of their Judicial Functions.

(History: Ord. MCC-3463 §4, 2024; Ord. MCC-2981 §2, 2012)

Effective on: 1/5/2025

2.33.294 Sentencing

A.
Whenever an accused person is found guilty of the violation of an ordinance, the municipal court judge may:
1. 1.
  
  Release the accused person without imposition of sentence; or
2. 2.
  
  Release the accused person on probation after the imposition of sentence without imprisonment or the payment of a fine or a portion thereof, subject to conditions imposed by the court as provided in subsection F; or
3. 3.
  
  Impose such sentence of fine, imprisonment, or both, as may be authorized for the ordinance violation; or
4. 4.
  
  Impose a sentence of house arrest as provided in K.S.A. 21-6609 and amendments thereto.
5. 5.
  
  Suspend any sentence or fine imposed subject to conditions imposed by the court as provided in subsection F; or
6. 6.
  
  After any portion of said imprisonment has been served, release the accused person on parole, probation or suspended sentence, subject to conditions imposed by the court as provided in subsection F.
B.

In addition to or in lieu of any other sentence authorized by law, whenever a person is found guilty of the violation of an ordinance and there is evidence that the act constituting the violation of the ordinance was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the judge may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the administrative judge of the judicial district or appropriate state licensing agency.
C.

Except as provided in subsection D, in addition to or in lieu of any other sentence authorized by law, whenever a person is convicted of having violated, while under 21 years of age, an ordinance prohibiting an act prohibited by the uniform controlled substances act (K.S.A. 65-4101 et seq. and amendments thereto) or K.S.A. 41-719, 41-727, 41-804, 41-2719, 41-2720, 65-4152, 65-4153, 65-4154 or 65-4155, and amendments thereto, the Municipal Court Judge shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee not to exceed the fee established by the statute for such evaluation. If the judge finds that the person is indigent, the fee may be waived.
D.

If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection C are permissive and not mandatory.
E.
The court may impose any conditions of probation, parole or suspension of sentence that the court deems proper. In the case of a probation or parole, the following conditions or any additional conditions the court deems proper may be ordered by the court. Those conditions may include that the defendant shall:
1. 1.
  
  Not violate the laws of the United States or of any state or city with the exception of minor traffic infractions;
2. 2.
  
  Not use, consume, possess or ingest any intoxicating liquor, cereal malt beverage, or any other mood altering substance or drug without a doctor’s prescription;
3. 3.
  
  Notify the City employee designated to monitor their probation of an address change as directed by the probation contract.
4. 4.
  
  Submit to a test of saliva, breath, blood, or urine at any time during the term of Probation, if requested to do so by any City employee acting within the scope of their employment, any probation officer, any prosecutor, judge, or any law enforcement officer at their own expense and further agrees that the results of said tests shall be admitted against them in their probation revocation hearing and stipulates to the evidentiary foundation thereof;
5. 5.
  
  If a motion to revoke is filed during the term of the probation, continue to report as directed and continue to abide by the terms and conditions of the probation;
6. 6.
  
  Notify the City employee designated to monitor their probation in writing within 72 hours of any arrest. The term “arrest” shall include instances during which a person is stopped or questioned by a law enforcement officer regarding violation of the law, whether or not charges are filed at that time, as well as instances where a person is released upon the issuance of a ticket or Notice to Appear or released pending the mailing of charges in the future;
7. 7.
  
  Report to the City employee designated to monitor their probation at such times and in such a manner as directed by the Court or the City employee designated to monitor their probation. Failure to report to the Court as ordered may result in the summary revocation of the probation by the Court;
8. 8.
  
  Clear all outstanding warrants within thirty (30) days and remain warrant free during the term of probation;
9. 9.
  
  Comply with all recommendations of their evaluation, if one was ordered;
10. 10.
  
  Pay any applicable fine, costs, or restitution in the matter as directed by the court.
11. 11.
  
  Report to jail, weekend intervention, work release, house arrest, education classes, counseling, victim impact panels, offender mediation and/or treatment as ordered by the court.
12. 12.
  
  Be prohibited from contacting a(n) identified person(s), either directly or indirectly, including in person, by phone, text or email message, any social media, or in any other way or manner, as the court deems necessary and appropriate.
F.

In addition to or in lieu of any other sentence authorized by law, whenever a person is found guilty of the violation of an ordinance, the judge may order such person to reimburse the City for all or a part of the reasonable expenditures by the City to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall consider the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.
G.

The term of probation, parole or suspended sentence shall not exceed two years, although the judge may discharge the person at any time for good cause shown. If the person has been convicted of violating municipal ordinance provisions that prohibit conduct comparable to a misdemeanor under the Kansas criminal statutes, the term of probation, parole or suspension ordered by the court is subject to renewal and extension for additional periods not exceeding an additional two years upon the court’s finding that the defendant has not yet successfully completed the conditions imposed therein within the original term of probation.
H.

The Municipal Court Judge may revoke such probation, parole or suspended sentence for violation of conditions by directing the appropriate law enforcement officers to execute the sentence and imprison the defendant for the time specified by the court, which shall not exceed the initial sentence imposed, less any time served and may order the payment of any previously probated, suspended or paroled fines and fees. Upon an affidavit submitted to the court, the court may order the defendant incarcerated pending a hearing to revoke probation, parole, or suspended sentence. The affidavit, which shall contain a request for incarceration pending a hearing, shall be served on the defendant.

(History: Ord. MCC-3463 §5, 2024; Ord. MCC-2664 §1, 2007; MCC-2498 §6, 2004; MCP-1987 §2, 96; Ch.Ord. 51)

Effective on: 1/5/2025

2.33.300 Schedule of Costs and Fees.

A.

The schedule of costs and fees for the administration of justice in the municipal court may be established by resolution.
B.

Costs and fees shall be assessed as required by state statutes.
C.

Additional court costs and fees may be assessed by the municipal court for any lawful purpose.
D.

Such costs and fees shall be assessed as part of the judgment and shall be collected by the municipal court.
E.

The costs and fees assessed pursuant to this section shall be in addition to the fine imposed.

(History: Ord. MCC-3463 §6, 2024; Ord. MCC-2492 §1, 2004; MCC-2351 §3, 2002; MCC-2252 §1, 2000; MCC-2179 §1, 2000; MCC-2082 §1, 97; MCC-2052 §1, 97; MCC-1909 §1, 94; MCC-1802 §1, 93)

Effective on: 1/5/2025

2.33.310 Municipal Court; Detention Authority of Law Enforcement Officers; Service of Complaint and Summons.

A law enforcement officer may detain a person when:

A.
He or she has a warrant commanding that such person be arrested; or
B.
he or she has reason to believe that a warrant for the person's arrest has been issued by any municipal court of this state; or
C.
he or she has probable cause to believe that the person is committing or has committed a violation of an ordinance, and the law enforcement officer has probable cause to believe that such person will not be apprehended or evidence of the violation of the ordinance will be irretrievably lost unless such person is immediately detained, or such person may cause injury to himself, herself or others or damage to property unless immediately detained; or
D.
any violation of an ordinance has been or is being committed by such person in his or her view.

A law enforcement officer having detained a person pursuant to the preceding paragraph, except subsection A or B thereof, may release the person or may prepare and serve upon such person a complaint and notice to appear, and shall then release such accused person from such detention, except in such instances where the law enforcement officer has power and authority to arrest such accused person as set forth in O.P.M.C. 2.33.320.

(History: Ord. MCP-1997 §1, 96)[See Ch. Ord. 67 eff. 9-23-96]

Effective on: 1/1/1901

2.33.320 Municipal Court; Arrest Authority of Law Enforcement Officers.

A.
Except as provided in subsection B, a law enforcement officer may arrest a person under any of the following circumstances:
1. 1.
  The officer has a warrant commanding that the person be arrested.
2. 2.
  A warrant for the person's arrest has been issued by a municipal court in this state.
3. 3.
  The officer has probable cause to believe that the person is committing or has committed a violation of an ordinance and that the person has intentionally inflicted bodily harm to another person.
4. 4.
  The law enforcement officer detained the person pursuant to subsection C or D of O.P.M.C. 2.33.310 and:
  1. a.
    The person refuses to give a written promise to appear in court when served with a notice to appear;
  2. b.
    the person is unable to provide identification of self by presenting a valid driver's license or other identification giving equivalent information to the law enforcement officer;
  3. c.
    the person is not a resident of the state of Kansas; or
  4. d.
    the law enforcement officer has probable cause to believe that the person may cause injury to self or others or may damage property unless immediately arrested.
B.
A law enforcement officer may not arrest a person who is charged only with committing an ordinance traffic infraction or an ordinance cigarette or tobacco infraction unless the person charged has received service of a notice to appear and has failed to appear for the infraction.

(History: Ord. MCP-1997 §2, 96) [See Ch. Ord. 67 effective 9-23-96]

Effective on: 1/1/1901

2.33.325 Persons Under Arrest; Procedures; Right to Post Bond; Release on Personal Recognizance.

Any person arrested by a law enforcement officer shall be taken immediately by the law enforcement officer to the police station of the city or the office in the city designated by the Municipal Judge. At that time, the person shall have the right to post bond for the person's appearance, in accordance with 2.33.330 and K.S.A. 12-4302, and amendments thereto and the Municipal Court Bond Schedule.

However, if the law enforcement officer has probable cause to believe that such person may cause injury to himself, herself or others, or damage to property, and there is no responsible person or institution to which the person might be released, the person shall remain in the protective custody of the law enforcement officer, in a city or county jail for a period not to exceed six hours, at which time such person shall be given an opportunity to post bond for his or her appearance. While so held in protective custody, the person shall be permitted to consult with counsel or other persons on the person's behalf.

Any person who does not make bond for the person's appearance shall be placed in the city or county jail, to remain there until the person makes bond for the person's appearance, or appears before the Municipal Court at the earliest practical time, except that the person shall be released on the person's personal recognizance to appear at a later date if the person has not made bond, has not appeared before the Municipal Court within 48 hours after arrest and if no warrant has been issued for the person's arrest. At said court appearance, the Municipal Judge shall review the complaint, any affidavits filed with the complaint, or any other evidence and shall determine whether there is sufficient probable cause to believe that a crime has been committed by the accused and sufficient basis to continue to hold the accused for trial in accordance with 2.33.340. The judge will give the accused an opportunity to address the court. The judge will advise the accused of the charges, the possible penalties, and advise the accused of the right to counsel.

(History: Ord. MCC-2498 §1, 2004)

Effective on: 1/1/1901

2.33.330 Appearance bonds; methods of securing appearance.

A person having the right to post bond for appearance shall, in order to do so, execute in writing a promise to appear at the Municipal Court at a stated time and place. Such appearance bond shall be in an amount as determined by the Municipal Court Judge. Such bond may be secured by any one of the following methods, and when so secured, such person shall be released from custody.

The methods of securing the appearance of an accused person are as follows:

A.

Payment of cash, except that the Municipal Court Judge may permit a payment by credit or debit card in lieu of cash;
B.

The execution of an appearance bond by a responsible individual residing within the state of Kansas, as surety with the approval of the Municipal Court Judge; or
C.

A guaranteed surety bond certificate issued by a company authorized by the Presiding Judge to write surety bonds in the Overland Park Municipal Court.

A municipal court judge may order any additional restrictions or obligations as conditions of a defendant’s bond.

(History: Ord. MCC-3463 §7, 2024; Ord. MCC-2498 §2, 2004)

Effective on: 1/5/2025

2.33.350 City Officer, Defined.

"City officer" shall mean those individuals designated as a city officer by the City Manager. Said officers shall have the authority to investigate violations of City ordinances, order compliance and issue complaints and notices to appear.

(History: Ord. MCC-2768 §1, 2008)

Effective on: 1/1/1901

2.33.355 Complaint; Requirements Form.

A Complaint shall be in writing and shall be signed (either personally or electronically) by the complainant. A Complaint shall be deemed to be "in writing" if the information is inscribed on a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form. Electronic signatures must be obtained in compliance with the K.S.A. 12-4215 and amendments thereto, K.S.A. 16-1601 et. seq., and/or Kansas Supreme Court Rule 122. More than one violation may be charged in the same complaint.

(History: Ord. MCC-3463 §8, 2024; Ord. MCC-2768 §2, 2008)

Effective on: 1/5/2025

2.33.360 Same; How Used; Issuance of Warrant; Refusal to Issue; Effect.

A copy of the complaint shall be served, together with a notice to appear or a warrant, by a law enforcement officer or city officer upon the accused person, and forthwith, the complaint shall be filed with the municipal court, except that a complaint may be filed initially with the municipal court, and if so filed, a copy of the complaint shall forthwith be delivered to the city attorney. The city attorney shall cause a notice to appear to be issued, unless he or she has good reason to believe that the accused person will not appear in response to a notice to appear, in which case the city attorney may request that an arrest warrant be issued. Such arrest warrant will be issued if the complaint is positively sworn to and the municipal judge has probable cause to believe that (a) there has been the commission of a violation of a municipal ordinance, (b) the accused person committed such violation and (c) the accused person will not appear in response to a notice to appear.

"Filing" as used herein shall either be by manual delivery of a copy of the complaint and notice to appear or warrant to the clerk of the municipal court, or by electronic submission to the municipal court in a secure manner of a record containing the data required by Section 2.33.355.

(History: Ord. MCC-2768 §3, 2008)

Effective on: 1/1/1901

2.33.365 Notice to Appear; Contents; Form.

A.

A law enforcement officer or City Officer may serve a notice to appear upon any person who commits an act punishable as a violation of City ordinance.
B.

A notice to appear shall describe the offense charged and shall summon the accused person to appear in court at a specified time and place. A notice to appear may be signed by a municipal court judge, the clerk of the municipal court, the city attorney, an assistant city attorney, a law enforcement officer or a City Officer.
C.

If the person receiving the notice fails to appear at the time and place stated, a warrant may be issued for the person’s arrest.

(History: Ord. MCC-3463 §9, 2024; Ord. MCC-2768 §4, 2008)

Effective on: 1/5/2025

2.33.370 Complaint and Notice to Appear in Municipal Court.

In all cases a complaint and notice to appear in municipal court may be made in the form of a complaint and notice to appear which shall be deemed sufficient if it contains the information listed in subsection (b) of K.S.A. 8-2106, and amendments thereto; provided, the complaint and notice to appear may exclude any information about vehicles, hazardous materials, and licenses that is not relevant to the ordinance violation being charged.

(History: Ord. MCC-3463 §10, 2024; Ord. MCC-2768 §5, 2008)

Effective on: 1/5/2025

2.33.375 Notice to Appear; When Used.

A notice to appear shall be used in all cases involving the violation of a municipal ordinance, except when an arrest warrant is issued.

(History: Ord. MCC-2768 §6, 2008)

Effective on: 1/1/1901

2.33.380 Same; Service; Return.

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

The undersigned hereby certifies that on the ________ day of ________, ________, a copy of notice to appear was served, mailed, or delivered to ________ at ________, ________,

____________________________

Signature of Person Serving

Notice to Appear

(History: Ord. MCC-2768 §7, 2008)

Contents:

2.63.010 Generally.

The mayor and the council find that City employees should be reimbursed for those reasonable expenses incurred by them in the use of their personal automobile in the performance of City business. In addition, certain officers and employees of the City are required to have automobile transportation readily available to properly perform their duties; and it is in the best interest of the City if such officers and employees provide their own automobile transportation and receive an allowance therefor in lieu of the City purchasing automobiles, providing fuel, insurance, maintenance, and security for such automobiles.

(History: Ord. AEA-659 §1, 72)

Effective on: 1/1/1901

2.63.040 Insurance.

Any person when receiving the allowance provided by 2.63.010 shall furnish to the City satisfactory evidence that he has insured the City against liability in the use of such vehicle for the claims and in the amounts set forth in K.S.A. 1971 Supp. 12-2608, and amendments thereto. The additional expense of such insurance and emergency vehicle insurance shall be paid by the City.

The City Manager or his or her designee shall make all appointments to the commissioned law enforcement officer position of Deputy Chief of Police. The number of Deputy Chief of Police positions within the police department shall be determined by the City Manager or his designee. Persons appointed to the position of Deputy Chief of Police shall not be subject to the provisions of the Civil Service Ordinance; provided, however, they shall be subject to the employment provisions of the Overland Park Employee Handbook. Persons appointed to the position of Deputy Chief of Police shall hold the rank of “Lieutenant Colonel.”

(History: Ord. CSC-2697 §1, 2007; PD-2372 §1, 2002; SC-1983 §2, 96) [Source or prior law: 2.66.020]

Effective on: 1/1/1901

2.66.1015 Appointment to the Position of Major of Police.

The City Manager or his or her designee shall make all appointments to the commissioned law enforcement position of “Major of Police.” The number of “Major of Police” positions within the police department shall be determined by the City Manager or his or her designee. Persons appointed to the position of “Major of Police” shall not be subject to the provisions of the Civil Service Ordinance or the jurisdiction of the Civil Service Commission; provided, however, persons holding the position of “Major of Police” shall be subject to the disciplinary and other non-police provisions of the Overland Park Employee Handbook.

(History: Ord. PD-2372 §2, 2002; CSC-2158 §1, 99)

Effective on: 1/1/1901

2.66.1016 Appointment to the Position of Captain of Police.

The City Manager or his or her designee shall make all appointments to the commissioned law enforcement position of Captain of Police. The number of Captain of Police positions within the police department shall be determined by the City Manager or his or her designee. Persons appointed to the position of Captain of Police shall not be subject to the provisions of the Civil Service Ordinance or the jurisdiction of the Civil Service Commission; provided, however, persons holding the position of Captain of Police shall be subject to the disciplinary and other non-police provisions of the Overland Park Employee Handbook.

(History: Ord. CSC-2697 §2, 2007)

Effective on: 1/1/1901

2.66.1020 Other Appointments to the Police Department.

The City Manager or his or her designee shall make all appointments to the commissioned law enforcement positions of sergeant and police officer based upon merit and overall qualification for the position and as provided herein.

(History: Ord. CSC-2945 §1, 2012; CSC-2697 §3, 2007; CSC-2594 §1, 2005; PD-2372 §3, 2002; CSC-2158 §2, 99; CSC-1983 §3, 96) [Source or prior law: 2.66.020]

Effective on: 1/1/1901

2.66.1030 Commissioned Officer Oath of Office.

The Chief of Police, Lieutenant Colonels of Police, Majors of Police, Captains of Police and all other commissioned officers appointed pursuant to this Ordinance shall take the following oath administered by an officer authorized to administer oaths as set out in K.S.A. 54-101, and amendments thereto:

"I do solemnly (swear)(affirm) that I will support the Constitution of the United States, the Constitution and laws of the state of Kansas and the ordinances of the City of Overland Park and that I will faithfully discharge the duties of (the position appointed to), so help me God."

(History: Ord. CSC-3046 §1, 2014; CSC-2697 §4, 2007; PD-2372 §4, 2002; CSC-2158 §2, 99; CSC-1983 §4, 96) [Source or prior law: 2.66.030]

Effective on: 1/1/1901

2.66.1040 Reserve Officers, Appointment and Training.

The City Manager or his or her designee shall appoint as he or she deems necessary "reserve" commissioned police officers. Reserve police officers shall be citizen volunteers and will receive a salary of one dollar for each year of service. Reserve police officers are not "employees" and are not subject to the provisions of the Civil Service ordinance or the Employee Handbook; provided, however, as volunteers they are subject to workers compensation protection as provided by law and City policy. Reserve officers shall be used as an augmentation of the full-time commissioned officer force; provided, reserve officers assigned law enforcement duties will have the full legal authority and powers of full-time commissioned officers when fulfilling lawful duties and responsibilities. Reserve officers shall meet the minimal hiring and training requirements established by the Chief of Police and shall be subject to the rules and regulations of the police department. Failure to comply with the rules and regulations of the police department, failure to obey the orders of superior officers or other misconduct shall subject reserve officers to revocation of their reserve police commission and prohibition from further volunteer reserve service. The Chief of Police shall establish rules and regulations to govern volunteer reserve police officers.

(History: Ord. CSC-1983 §5, 96) [Source or prior law: 2.66.060]

Effective on: 1/1/1901

2.66.1050 Powers of Commissioned Police Officers.

Commissioned police officers shall at all times have the power and authority to make arrests and such other authority as provided by law.

(History: Ord. CSC-1983 §6, 96) See also 2.33.310 & 2.33.320 [Source or prior law: 2.66.040]

Effective on: 1/1/1901

2.66.1070 Police Badges and Insignia.

The Chief of Police shall have the power and authority to prescribe an appropriate form of badge and other insignia to be worn by commissioned law enforcement officers, by which such officers and members of the department may be known. The Chief of Police shall establish rules and regulations for the wearing of badges and insignias and for the issuance and accountability of the same.

(History: Ord. CSC-1983 §8, 96)

Effective on: 1/1/1901

2.66.1080 Police Commissions.

The Mayor, upon submission of names by the Chief of Police, may issue "police" commissions as follows:

1.
"Commissioned law enforcement officer commissions" to those persons granted by law the authority to arrest and issue notices to appear.
2.
“Fire investigator commissions” to those persons certified by the State Fire Marshal’s Office who are granted by law authority to make arrests, carry firearms and conduct searches and seizures while investigating any fire or explosion in which arson or attempted arson is suspected or in which there is an attempt or suspected attempt to defraud an insurance company.
3.
"City officials' commissions" to the Mayor, City Councilmembers, City Manager and Civil Service Commission members.
4.
"City officer commissions" to those City employees granted by law the authority to issue notices to appear; provided, department directors shall be responsible for insuring only qualified individuals are issued such commissions and that commissions are retired when no longer needed.

The Chief of Police shall establish rules for the issuance of police commissions that will provide for qualification standards, records, revocation, invalidation and accountability.

(History: Ord. CSC-2576 §1, 2005; CSC-1983 §9, 96) [Source or prior law: 2.66.120]

Effective on: 1/1/1901

2.66.1090 Property Defined.

"Property" as used in 2.66.1100 through 2.66.1120 means and includes any and all personal property recovered by the police department in the conduct of its authorized duties and activities of the department; provided that any property confiscated by the department for use as evidence in any criminal proceeding in the municipal court shall not be sold and appropriated hereunder until the judge of the court, or the chief judicial officer of any other judicial tribunal having jurisdiction over the property, has released the same as evidence and caused the same to be delivered to the police department.

(History: Ord. CSC-1983 §10, 96) [Source or prior law: 2.66.300]

Effective on: 1/1/1901

2.66.1100 Disposal of Property.

The Governing Body herein authorizes the Police Department of the City to sell or otherwise dispose of unclaimed property on or after 45 days if a bicycle and 90 days for all other property from the date upon which the department acquires custody of property described in Section 2.66.1090.

(History: Ord. CSC-2757 §1, 2008; CSC-1983 §11, 96) [Source or prior law: 2.66.310]

Effective on: 1/1/1901

2.66.1110 Publication of Notice of Sale of Property.

Whenever property is to be sold as provided for in Sections 2.66.1090 and 2.66.1100, the Police Department will cause to be published in appropriate media outlets including, at a minimum, an official legal newspaper of the City notice:

a.
If a public auction in the City, notice that a public sale of the property will occur that contains the date, hour and place of the sale; provided that the notice is published in the newspaper once weekly for two consecutive weeks preceding the date of public sale. The Police Department will also cause notice of the public sale to be posted on the City of Overland Park’s website;
b.
If the public auction is conducted on the internet, notice that a public sale of the property will occur identifying the website hosting the auction; provided that the notice is published in the newspaper once weekly for two consecutive weeks preceding the date of the first internet auction, and thereafter twice per year. The Police Department will also cause notice of internet auctions to be posted on the City of Overland Park's website.

(History: Ord. CSC-2757 §2, 2008; CSC-1983 §12, 96) [Source or prior law: 2.66.320]

Effective on: 1/1/1901

2.66.1120 Deposit of Proceeds from Sale.

Proceeds from the sale of property described in 2.66.1090 through 2.66.1110 shall be deposited in the general revenue fund of the city.

(History: Ord. CSC-1983 §13, 96) [Source or prior law: 2.66.330]

Effective on: 1/1/1901

2.66.1125 Hiring Process.

To fill the commissioned officer staffing needs of the police department, the Chief of Police shall develop a hiring process that complies with the provisions of AP-105 and other City policies. The Director of Human Resources shall assist the Chief of Police in the development and administration of the hiring process. The Chief of Police shall develop and implement the necessary rules and regulations to insure the proper and effective administration of the hiring process to include but not limited to insuring each applicant for a commissioned police officer position shall meet the requirements of the State of Kansas relating to the qualifications of a commissioned police officer.

(History: Ord. CSC-1983 §31, 96) [Source or prior law: 2.66.640]

Effective on: 1/1/1901

2.66.1310 Probationary Period.

Promotions made from the lists of persons certified by the Civil Service Commission and appointments shall be for such probationary periods as set forth in the Employee Handbook. If the performance of a newly appointed police officer be unsatisfactory during the probationary period, the individual shall be notified in writing that their performance is unsatisfactory and he or she will not be retained. The termination is not subject to appeal to the Civil Service Commission. If the performance of a newly promoted individual be unsatisfactory, the individual shall be notified in writing that their performance is unsatisfactory and they are being demoted to their former rank. The demotion is not subject to appeal to the Civil Service Commission.

(History: Ord. CSC-1983 §32, 96)[Source or prior law: 2.66.660 and 2.66.690]

Effective on: 1/1/1901

2.66.1320 Disciplinary Suspension, Demotion and Termination.

No police officer below the rank of Captain who has successfully completed the probationary period shall be suspended, demoted or terminated for disciplinary reasons, except for misconduct, insubordination, failure to perform his or her required duties or disobedience of his or her orders or material false statements, deception or fraud (practiced or attempted) in the hiring process. The Chief of Police may suspend, demote or terminate any such officer for such disciplinary reasons; provided, the officer shall have the right to appeal such action as provided herein.

(History: Ord. CSC-2697 §11, 2007; PD-2372 §8, 2002; CSC-2158 §2, 99; CSC-1983 §33, 96) [Source or prior law: 2.66.770]

Effective on: 1/1/1901

2.66.1330 Appeals to Civil Service Commission.

Any police officer below the rank of Captain who is subject to the jurisdiction of the Civil Service Commission, who has successfully completed the probationary period, may, within five days, appeal any discharge, suspension or demotion, except in the case of a reduction in force, to the Civil Service Commission, which shall fully hear and determine the matter in accordance with rules and regulations promulgated by the Commission for the conduct of such hearings. Such police officers must notify in writing the police department and the Civil Service Commission of his or her intent to appeal within the five-day period. The Civil Service Commission shall have the power to enforce the attendance of witnesses, the production of books or papers and the power to administer oaths. The Commission shall have the authority, after a full and complete hearing on an appeal, to sustain or alter the disciplinary action; provided, it does not have the power to enhance the disciplinary action. The decision of the Commission is binding upon such officer and the Police Department. Either party may appeal such decision to the District Court of Johnson County as provided by law.

(History: Ord. CSC-2697 §12, 2007; PD-2372 §9, 2002; CSC-2158 §2, 99; CSC-1983 §34, 96) [Source or prior law: 2.66.775]

Effective on: 1/1/1901

2.66.1340 Reduction in Force.

A.
Reappointment. In the event any commissioned police officer position is abolished due to a reduction in force and recreated within two years, the person who held such position at the time it was abolished shall be reappointed to the position without examination provided the person has remained an employee of the police department during the period.
B.
Reemployment. In the event any position of sergeant is abolished due to a reduction in force and the employee holding the position is not retained by the City, the employee's name shall be entered by the Civil Service Commission on any eligibility list for the rank the person previously held and given priority in filling subsequent vacancies in that position or other positions for which the person is eligible. In the event any police officer position below the rank of Captain is abolished due to a reduction in force and the employee holding the position is not retained by the City, the employee's name shall be retained by the City for the position, and the person will be given priority over new applicants in filling subsequent vacancies for such position. Individuals whose names are placed on the eligibility list or are eligible for a patrol officer position as provided herein shall be dropped at the expiration of one year; provided, however, that the employee shall retain all of his or her rights under the Veterans Reemployment Act and other applicable state and federal law.

Contents:

2.70.010 Purpose.

The purpose of creating the City of Overland Park Land Bank is to implement the authority granted to the City’s Governing Body, by HB2155 adopted by the Kansas Legislature in 2009, to establish or dissolve a City Land Bank by adoption of an ordinance. The City Land Bank will be a quasi-governmental entity with the primary responsibility and authority for acquiring, maintaining and selling abandoned property in order to address the problems and issues created by these distressed properties.

Among the goals the creation of the Land Bank is intended to help achieve are the elimination of blight, the enhancement of neighborhood viability and stability, the creation of opportunities for affordable and mixed income home ownership and rental, and the encouragement of economic development. The Land Bank is intended to assist in the aggregate and responsible holding of properties for future use, help in the elimination of barriers to return properties to productive use, and to help facilitate the strategic conveyance of property.

(History: Ord. LB-2814 §1, 2009)

Effective on: 1/1/1901

2.70.020 Definitions

For the purpose of this Chapter the words set out in this Section shall have the following meanings:

A.
City means the City of Overland Park, Kansas.

Effective on: 1/1/1901

B.
Board means the Board of Trustees of the City Land Bank established pursuant to this Ordinance.

Effective on: 1/1/1901

C.

Bank means the City Land Bank established pursuant to this Ordinance.

Effective on: 1/1/1901

D.
Governing Body means the Governing Body of the City.

(History: Ord. LB-2814 §1, 2009)

Effective on: 1/1/1901

2.70.030 Land Bank Board of Trustees; Appointment, Terms and Dissolution.

A.
There is hereby established a Land Bank Board of Trustees. The Board shall be composed of the entire membership of the Governing Body of the City, ex officio, who shall be the voting members, and one additional member appointed by the Mayor who shall be a non-voting member and who shall be a City staff member.
B.
The term of office of each voting member of the Board of Trustees shall be coterminous with that member's term of office on the Governing Body of the City. The non-voting member of the Board of Trustees shall serve at the pleasure of the City Governing Body.
C.
The Bank may be dissolved by ordinance of the Governing Body. In such case, all property of the Bank shall be transferred to and held by the City and may be disposed of as otherwise provided by law.

(History: Ord. LB-2831 §1, 2009; LB-2814 §1, 2009)

Effective on: 1/1/1901

2.70.040 Land Bank Board of Trustees; Powers and Duties.

The Land Bank Board of Trustees shall have the following powers and duties:

A.
To sue and be sued.
B.
To enter into contracts.
C.
To appoint and remove staff and provide for the compensation thereof.
D.
To acquire, by purchase, gift or devise, and convey any real property, including easements and reversionary interests, and personal property, subject to the provisions of this Ordinance and state law. Any property acquired by the City, Johnson County or any other city or taxing subdivision within Johnson County may be transferred to the Bank. The Board may accept or refuse to accept any property authorized to be transferred pursuant to this Ordinance or state law. The transfer of any property pursuant to this Subsection shall not be subject to any bidding requirements and shall be exempt from any provisions of law requiring a public sale.
E.
The fee simple title to any real estate which is sold to Johnson County in accordance with the provisions of K.S.A. 79-2803 and 79-2804, and amendments thereto, and upon acceptance by the Board may be transferred to the Bank by a good and sufficient deed by the County Clerk upon a written order from the Board of County Commissioners.
F.
To rebate all, or any portion thereof, the taxes on any property sold or conveyed by the Bank.
G.
The Board shall assume possession and control of any property acquired by it under this Ordinance or state law and shall hold and administer such property. In the administration of property, the Board shall:
1. 1.
  Manage, maintain and protect or temporarily use for a public purpose such property in the manner the Board deems appropriate;
2. 2.
  Compile and maintain a written inventory of all such property. The inventory shall be available for public inspection and distribution at all times;
3. 3.
  Study, analyze and evaluate potential, present and future uses for such property which would provide for the effective reutilization of such property;
4. 4.
  Plan for and use the Board’s best efforts to consummate the sale or other disposition of such property at such times and upon such terms and conditions deemed appropriate;
5. 5.
  Establish and maintain records and accounts reflecting all transactions, expenditures and revenues in relation to the Bank’s activities, including separate itemizations of all transactions, expenditures and revenues concerning each individual parcel of property acquired; and
6. 6.
  Thirty days prior to the sale of any property owned by the Bank, publish a notice in the official City newspaper announcing such sale.
H.
To exercise any other power which may be delegated to the Bank by the Governing Body.
I.
To exercise any other incidental power which is necessary to carry out the purposes of the Land Bank, this Ordinance and state law.
J.
The Board may establish separate neighborhood or City advisory committees consisting of persons living or owning property within the City, Johnson County or the neighborhood, and determine the boundaries of each neighborhood committee. In the absence of a Resolution by the Board providing otherwise, each advisory committee shall consist of not less than five and no more than nine persons, to be appointed by the Board for two-year overlapping terms. The Board shall consult with each advisory committee as needed to review the operations and activities of the bank and to receive the advice of the members of the advisory committee concerning any matter which comes before the committees.

(History: Ord. LB-2814 §1, 2009)

Effective on: 1/1/1901

2.70.050 Land Bank; Operational Requirements.

The Land Bank shall be subject to the following requirements:

A.
The Bank shall be subject to the provisions of the Cash Basis Law, K.S.A.10-1101 et seq., and amendments thereto.
B.
The budget of the Bank shall be prepared, adopted and published as provided by law for other political subdivisions of the State of Kansas. No budget shall be adopted by the Board until it has been submitted to, reviewed and approved by the Governing Body. If the Governing Body elects not to ratify the budget, it must reject the plan in its entirety and remand it back to the Board with specific recommendations for reconsideration
C.
The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Board.
D.
All records and accounts shall be subject to public inspection pursuant to K.S.A. 45-216 et seq., and amendments thereto.
E.
Any moneys of the Bank which are not immediately required for the purposes of the Bank shall be invested in the manner prescribed by K.S.A. 12-1675, and amendments thereto.
F.
The Bank shall make an annual report to the Governing Body on or before January 31 of each year, showing receipts and disbursements from all funds under its control and showing all property transactions occurring in each year. Such report shall include an inventory of all property held by the Bank. A copy of such inventory shall also be published in the official City newspaper on or before January 31 of each year.
G.
The Bank shall be subject to the statutory requirements for the deposit of public money as provided in K.S.A. 9-1401 et seq., and amendments thereto.
H.
The Board, without competitive bidding, may sell any property acquired by the Board at such times, to such persons, and upon such terms and conditions, and subject to such restrictions and covenants deemed necessary or appropriate to assure the property’s effective reutilization.
I.
The sale of any real property by the Board, under the provisions of this ordinance or state law, on which there are delinquent special assessments to finance public improvements shall be conditioned upon the approval of the Governing Body.
J.
The Board, for the purpose of land disposition, may consolidate, assemble or subdivide individual parcels of property acquired by the Bank.
K.
Until sold or otherwise disposed of by the Bank, and except for special assessments levied by the City to finance public improvements, any property acquired by the Bank shall be exempt from the payment of ad valorem taxes levied by the State of Kansas and any other political or taxing subdivision of the state.
L.
Except for special assessments levied by the City to finance public improvements, when the Board acquires property pursuant to this Ordinance and state law, the Johnson County Treasurer shall remove from the tax rolls all taxes, assessments, charges, penalties and interest that are due and payable on the property at the time of acquisition by the Board.
M.
Property held by the Bank shall remain liable for special assessments levied by the City for public improvements, but no payment thereof shall be required until such property is sold or otherwise conveyed by the Bank.
N.
The Governing Body may abate part or all of any special assessments which it has levied on property acquired by the Bank, and the Bank and the Governing Body may enter into agreements related thereto. Any special assessments that are abated shall be removed from the tax rolls by the County Treasurer as of the effective date of the abatement.
O.
Any moneys derived from the sale of property by the Bank shall be retained by the Bank for the purposes and operations thereof; provided, however, that the Board may use all or part of the proceeds from such sale to reimburse the City for delinquent special assessments due on such property.

(History: Ord. LB-2814 §1, 2009)

Effective on: 1/1/1901

2.70.060 Land Bank Board; Organization.

A.
The Board shall select, annually, from its membership, a chairperson, a vice-chairperson and a treasurer. The treasurer shall be bonded in such amounts as the Governing Body may require.
B.
The Board may appoint such officers, agents and employees as it may require for the performance of its duties, and shall determine the qualifications and duties and fix the compensation of such officers, agents and employees.
C.
The Board shall fix the time and place at which its meetings shall be held. Meetings shall be held within the City and shall be subject to the Kansas Open Meeting Act, K.S.A. 75-4317 et seq., and amendments thereto.
D.
A majority of the Board shall constitute a quorum for the transaction of business. No action of the Board shall be binding unless taken at a meeting at which at least a quorum is present.
E.
The members of the Board shall be subject to the provisions of the laws of the State of Kansas which relate to conflicts of interest of county officers and employees, including, but not limited to, K.S.A. 75-4301 et seq., and amendments thereto.
F.
Subject to the provisions of the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., and amendments thereto, if any action at law or equity, or other legal proceeding, shall be brought against any member of the Board for any act or omission arising out of the performance of duties as a member of the Board, such member shall be indemnified in whole and held harmless by the Board for any judgment or decree entered against such member and, further, shall be defended at the cost and expense of the Bank in any such proceeding.

(History: Ord. LB-2814 §1, 2009)

Effective on: 1/1/1901

Repealed Sections of Title 2 Administration and Personnel

Effective on: 1/1/1901

2.12 Arboretum/Botanical Garden Board (Repealed)

(This entire chapter has been repealed.)

Contents:

2.12 Arboretum/Botanical Garden Board (Repealed)

2.12.010 Creation.

Repealed.

(History: Ord. REP-2701 §1, 2007; ABGB-1510 §1, 88)

Effective on: 1/1/1901

2.12.020 Purpose.

Repealed.

(History: Ord. REP-2701 §1, 2007; ABGB-1510 §2, 88)

Effective on: 1/1/1901

2.12.030 Membership.

Repealed.

(History: Ord. REP-2701 §1, 2007; AC-2534 §1, 2005; ABGB-1510 §3, 88)

Effective on: 1/1/1901

2.12.040 Administration.

Repealed.

(History: Ord. REP-2701 §1, 2007; ABGB-1510 §4, 88)

Effective on: 1/1/1901

2.13 Downtown Development Review Board (Repealed)

Contents:

2.13 Downtown Development Review Board (Repealed)

2.13.010 Creation. (Repealed)

Repealed.

(History: Ord. ZRR-2005 §4, 97; DRB-1414 §1, 86; DRB-1134 §1, 81)

Effective on: 1/1/1901

2.13.020 Responsibility. (Repealed)

Repealed.

(History: Ord. ZRR-2005 §4, 97; DRB-1414 §2, 86; DRB-1134 §2, 81)

Effective on: 1/1/1901

2.13.025 Procedure. (Repealed)

Repealed.

(History: Ord. ZRR-2005 §4, 97; DRB-1468 §1, 87; DRB-1414 §3, 86)

Effective on: 1/1/1901

2.13.030 Membership. (Repealed)

Repealed.

(History: Ord. ZRR-2005 §4, 97; DRB-1468 §2, 87; DRB-1134 §3, 81)

Effective on: 1/1/1901

2.15 Planning Commission (Repealed)

Contents:

2.15 Planning Commission (Repealed)

2.15.010 Authority for Continuation. (Repealed. See 18.120)

Repealed. See 18.120.

(History: Ord. ZRR-1725 §2, 92;CPC-657 §1, 1971)

Effective on: 1/1/1901

2.15.020 Membership-Terms-Vacancies. (Repealed. See 18.120)

Repealed. See 18.120.

(History: Ord. ZRR-1725 §2, 92; CPC-657 §2, 1971)

Effective on: 1/1/1901

2.15.030 Meetings-Chairmen-Records. (Repealed. See 18.120)

Repealed. See 18.120.

(History: Ord. ZRR-1725 §2, 92;CPC-657 §3, 1971)

Effective on: 1/1/1901

2.15.040 Powers and Duties of Commission. (Repealed. See 18.120)

Repealed. See 18.120.

(History: Ord. ZRR-1725 §2, 92;CPC-657 §4, 1971)

Effective on: 1/1/1901

2.16 Arts Commission (Repealed)

Contents:

2.16 Arts Commission (Repealed)

2.16.010 Creation. (Repealed)

Repealed.

(History: Ord. AC-2534 §2, 2005; AC-958 §1, 78)

Effective on: 1/1/1901

2.16.020 Purpose and Responsibility. (Repealed)

Repealed.

(History: Ord. AC-2534 §§2, 2005; AC-958 §2, 78)

Effective on: 1/1/1901

2.16.030 Membership. (Repealed)

Repealed.

(History: Ord. AC-2534 §§2, 2005; AC-2436 §1, 2003; AC-1513 §1, 88; AC-958 §3, 78)

Effective on: 1/1/1901

2.16.040 Existing and Future Programs; Responsibility for. (Repealed)

Repealed.

(History: Ord. AC-2534 §§2, 2005; AC-958 §4, 78)

Effective on: 1/1/1901

2.17 Landmarks Commission

Contents:

2.17 Landmarks Commission (Repealed)

2.17.110 Severability Clause. (Repealed)

Repealed.

Repealed.

Repealed.

(History: AP-853 §14, 75; CT-365 §3, 65)

Contents:

2.36 Public Works (Repealed)

Repealed. See 2.66.540.

(History: Ord. CSC-1449 §17, 87; CSC-165 §20, 62)

Effective on: 1/1/1901

2.69 Benefit Districts - Professional Services (Repealed)
- Article I. Project Engineers
- Article II. Project Attorneys

Article I. Project Engineers¹

1.
Prior ordinance history: Ord. EBD-198, 63.

Effective on: 1/1/1901

2.69.230 Application of Fee Schedule-Time Schedule-Statement of Policy. (Repealed)

(History: Repealed by Ord. REP-1062 §1,80; ABD-795 §13)

Effective on: 1/1/1901