Title 19 - Charter Ordinances

Active Charter Ordinances

Charter Ordinance No. 102

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

CITY OF OVERLAND PARK

 

(s) Curt Skoog

Curt Skoog

Mayor

 

ATTEST:

 

(s) Elizabeth Kelley

Elizabeth Kelley

City Clerk

 

APPROVED AS TO FORM:

 

(s) Michael Koss

Michael Koss

City Attorney

 

 

 

 

Effective on: 1/1/1901