APPENDIX A
CHARTER ORDINANCES*
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Editor's note: Printed herein are the charter ordinances that are still in force and effect. Code section 1-10 saves charter ordinances from repeal. Repealed charter ordinances and charter ordinances that only repeal other charter ordinances are not printed in full in this appendix, but are accounted for herein. Amendments to charter ordinances made by other charter ordinances appear in the text of the amended ordinance and the amendment is indicated by a parenthetical history note following the amended provision. The absence of an amendment indicates that the provision remains unchanged from the original charter ordinance. Obvious misspelling and punctuation errors have been corrected without notation. For stylistic purposes, headings and catchlines have been made uniform, and the same system of capitalization, citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances have been used. Additions made for clarity are indicated by brackets.
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Charter Ordinance No. 1
Charter Ordinance No. 2
Charter Ordinance No. 3
Charter Ordinance No. 4
Charter Ordinance No. 5
Sec. 1. Exemption from statute.
Sec. 2. Publications.
Sec. 3. Effective date.
Charter Ordinance No. 6
Sec. 1. Exemption from statute.
Sec. 2. Airport acquisition, bonds.
Sec. 3. Publication.
Sec. 4. Effective date.
Charter Ordinance No. 7
Charter Ordinance No. 8
Sec. 1. Exemption from statute.
Sec. 2. Meetings of governing body.
Sec. 3. Publication.
Sec. 4. Effective date.
Charter Ordinance No. 9
Sec. 1. Exemption from statute.
Sec. 2. Passage of ordinances.
Sec. 3. Publication.
Sec. 4. Effective date.
Charter Ordinance No. 10
Charter Ordinance No. 11
Sec. 1. Exemption from statute.
Sec. 2. Terms of commissioners.
Sec. 3. Reelection.
Sec. 4. Term length.
Sec. 5. Publication.
Sec. 6. Effective date.
Charter Ordinance No. 12
Sec. 1. Exemption from statute.
Sec. 2. Urban renewal projects.
Sec. 3. Publication.
Sec. 4. Effective date.
Charter Ordinance No. 13
Sec. 1. Exemption from statute.
Sec. 2. Financing of public improvements.
Sec. 3. Publication.
Sec. 4. Effective date.
Charter Ordinance No. 14
Sec. 1. Exemption from statute.
Sec. 2. Sale of alcoholic liquor at golf course.
Sec. 3. Publication.
Sec. 4. Effective date.
Charter Ordinance No. 15
Charter Ordinance No. 16
Sec. 1. Exemption from statute.
Sec. 2. Election of commissioners.
Sec. 3. Vacancy in office.
Sec. 4. Filling vacancy at next general election.
Sec. 5. Effective date.
Charter Ordinance No. 17
Sec. 1. Exemption from statute.
Sec. 2. Municipal court costs.
Sec. 3. Publication.
Sec. 4. Effective date.
Charter Ordinance No. 18
Sec. 1. Exemption from statute.
Sec. 2. Municipal judge; powers and duties.
Sec. 3. Publication.
Sec. 4. Effective date.
Charter Ordinance No. 19
Sec. 1. Exemption from statute.
Sec. 2. Service of complaints and notices to appear.
Sec. 3. Publication.
Sec. 4. Effective date.
Charter Ordinance No. 20
Sec. 1. Exemption from statute.
Sec. 2. Tax levy provisions excepted.
Sec. 3. Publication.
Sec. 4. Effective date.
Sec. 5. Repealer.
Charter Ordinance No. 21
Charter Ordinance No. 22
Sec. 1. Exemption from statute.
Sec. 2. Sale of alcoholic liquor at airport.
Sec. 3. Effective date.
Charter Ordinance No. 23
Sec. 1. Exemption from statute; tax limitations for recreation commission.
Sec. 2. Publication.
Sec. 3. Effective date.
Charter Ordinance No. 24
Charter Ordinance No. 25
Sec. 1. Exemption from statute.
Sec. 2. Procedure for public improvements.
Sec. 3. Publication.
Sec. 4. Effective date.
Charter Ordinance No. 26
Charter Ordinance No. 27
Sec. 1. Exemption from statute.
Sec. 2. Compensation of members of the governing body.
Sec. 3. Repealer.
Sec. 4. Publication.
Sec. 5. Effective date.
CHARTER ORDINANCE NO. 1
Editor's note: Charter Ordinance No. 1 was adopted on July 26, 1967, and was repealed by Charter Ordinance No. 20.
CHARTER ORDINANCE NO. 2
Editor's note: Charter Ordinance No. 2 was adopted on August 14, 1968, and made now repealed K.S.A. 12-1640 inapplicable to the city.
CHARTER ORDINANCE NO. 3
Editor's note: Charter Ordinance No. 3 was adopted on November 27, 1968, and made now K.S.A. 14-423 inapplicable to the city and provided for substitute provisions. Such statute is applicable to cities of the second class. The city is now a city of the first class.
CHARTER ORDINANCE NO. 4
Editor's note: Charter Ordinance No. 4 was adopted on March 12, 1969, and was repealed by Charter Ordinance No. 15.
(Published in the Garden City Telegram on the 16th and 23rd day of September, 1969.)
CHARTER ORDINANCE NO. 5
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM K.S.A. 12-1411, RELATING TO THE STATUTE REQUIRING A SURETY BOND IN DOUBLE THE AMOUNT OF THE CEMETERY ENDOWMENT FUND.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas by the power invested in it by article 12, section 5 of the constitution of the State of Kansas, hereby elects to make inapplicable to it and exempts itself from K.S.A. 12-1411, which applies to said city but not uniformly to all cities.
Sec. 2. Publications.
This ordinance shall be published once each week for two consecutive weeks as provided by law, in the Garden City Telegram, the official city newspaper.
Sec. 3. Effective date.
This is a charter ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed requiring a referendum be held on the ordinance as provided in article 12, section 5, subdivision (c)(3) of the constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.
Passed by the governing body, not less than two-thirds of the members-elect voting in favor thereof, September 10, 1969.
Signed by the mayor.
| Russell Wells | |
| Mayor | |
| ATTEST: | |
| Charles R. Peebles | |
| City Clerk |
(Published in the Garden City Telegram on September 16th and 23rd, 1969.)
CHARTER ORDINANCE NO. 6
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS FROM THE PROVISIONS OF K.S.A. 3-113 and K.S.A. 3-113a AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO MUNICIPAL AVIATION FIELDS AND AIRPORTS; SAFETY ZONES; BONDS; AND TAX LEVY.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas, being a city of the second class by the power vested in it by article 12, section 5 of the constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from, and make inapplicable to it K.S.A. 3-113 and K.S.A. 3-113a which are not applicable uniformly to all cities, and the legislature, not having established classes of cities for the purpose of imposing tax limitations and prohibitions, and provides substitute and additional provisions as hereinafter provided.
Sec. 2. Airport acquisition, bonds.
That whenever in the opinion of the governing body, the public safety, service and welfare can be advanced thereby, such governing body of this city may acquire within or without the city limits, by purchase, lease, or otherwise, and equip, improve, operate, maintain and regulate a municipal airport or a municipal field for aviation purposes, and in order to provide aerial safety zones for the landing and taking off of aircraft utilizing such airport or field, may acquire by purchase, lease or otherwise, such servitudes or easements over surrounding lands as are necessary to provide safe and unobstructed approaches thereto, the expense thereof to be paid out of the general funds of the city or out of funds raised by the tax levy hereinafter authorized. Such airport or field may be used for the service of all aircraft and pilots desiring to use the same, subject, however, to such regulations not in conflict with state laws as may be imposed by ordinance of the city controlling the municipal airport or field.
For (the) purpose of purchase, lease, development and equipping municipal airports and fields for aviation purposes, and all things incidental thereto, the governing body may issue bonds after an election as provided by law, or for the purpose of purchasing, leasing, equipping, improving, operating, maintaining and regulating the same may levy a tax not to exceed one mill per year; which levy shall be in addition to all other levies now authorized by law and in addition to any limitation provided by law; provided, that in time of war the governing body shall have the power to issue bonds without an election for the purpose of co-operating with the federal government or any of its agencies for the enlargement or improvement of its airport.
Sec. 3. Publication.
This Ordinance shall be published once each week for two consecutive weeks in the Garden City Telegram, the official newspaper of the city.
Sec. 4. Effective date.
This is a charter ordinance and shall take effect 61 days after final publication, unless a sufficient petition for referendum is filed and a referendum held on the ordinance as provided in article 12, section 5, subdivision (c)3 of the constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.
Passed and adopted by the governing body by a unanimous vote of the members elect voting in favor thereof, this September 10, 1969.
| Russell Wells | |
| Mayor | |
| ATTEST: | |
| Charles R. Peebles | |
| City Clerk |
CHARTER ORDINANCE NO. 7
Editor's note: Charter Ordinance No. 7 was adopted on September 23, 1970, and made now K.S.A. 14-1502 inapplicable to the city and provided for substitute provisions. Such statute is applicable to cities of the second class. The city is now a city of the first class.
(Published in the Garden City Telegram the 1st and 8th day of August, 1973.)
CHARTER ORDINANCE NO. 8
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-1009, WHICH PROVIDES FOR WEEKLY MEETINGS OF THE CITY COMMISSION FOR CITIES OF THE FIRST CLASS IN THE STATE OF KANSAS, AND PROVIDING A SUBSTITUTE THEREFOR MEETINGS OF SAID GOVERNING BODY AS HEREINAFTER SET FORTH.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas, under the authority of article 12, section 5 of the State of Kansas, hereby elects to exempt itself from and to make inapplicable to it the provisions of K.S.A. 12-1009 which apply to the city, but which do not apply uniformly to all cities and to provide substitute and additional provisions on the same subject.
Sec. 2. Meetings of governing body.
The governing body of the city is hereby authorized and empowered to set the time, the number of regular meetings per month, the day on which those regular meetings shall take place, and the location of such regular meetings. A call signed by a majority of the commission shall be sufficient warrant for a special meeting. A regular or special meeting shall always be open to the public.
Sec. 3. Publication.
This ordinance shall be published once each week for two consecutive weeks in the official city paper.
Sec. 4. Effective date.
This charter ordinance shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed requiring a referendum be held on the ordinance as provided in article 12, section 5, subsection C-3 of the constitution of the State of Kansas in which case the ordinance shall be effective if approved by a majority of the electors voting thereon.
Passed and approved by the governing body, not less than two-thirds of the members-elect voting in favor thereof; this July 25, 1973.
Signed by the mayor.
| D. C. Garcia | |
| Mayor | |
| ATTEST: | |
| Chas. R. Peebles | |
| City Clerk |
(Published in the Garden City Telegram on the 1st and 8th day of August, 1973.)
CHARTER ORDINANCE NO. 9
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-3001, WHICH PROVIDES THAT AN ORDINANCE, OTHER THAN ONE PROVIDING FOR THE APPROPRIATION OF FUNDS, SHALL NOT BE PASSED FINALLY ON THE DAY IT IS INTRODUCED, AND PROVIDING A SUBSTITUTE ON THE SAME SUBJECT WHICH DESCRIBES WHEN ORDINANCES CAN BE PASSED AND APPROVED.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas, under the authority of article 12, section 5 of the State of Kansas, hereby elects to exempt itself from and to make inapplicable to it the provisions of K.S.A. 12-3001 which applies to the city, but which does not apply uniformly to all cities and to provide substitute and additional provisions on the same subject.
Sec. 2. Passage of ordinances.
The governing body of the city may pass any ordinance finally on the day it is introduced, but no ordinance granting a franchise or special privilege shall ever be passed on the day introduced.
Sec. 3. Publication.
This ordinance shall be published once each week for two consecutive weeks in the official city paper.
Sec. 4. Effective date.
This charter ordinance shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed requiring a referendum be held on the ordinance as provided in article 12, section 5, subsection C-3 of the Constitution of the State of Kansas, in which case the ordinance shall be effective if approved by a majority of the electors voting thereon.
Passed and approved by the governing body, not less than two-thirds of the members-elect voting in favor thereof; this July 25, 1973.
Signed by the mayor.
| D. C. Garcia | |
| Mayor | |
| ATTEST: | |
| Chas. R. Peebles | |
| City Clerk |
CHARTER ORDINANCE NO. 10
Editor's note: Charter Ordinance No. 10 was repealed by Charter Ordinance No. 20.
(Published in the Garden City Telegram on the 2nd and 9th days of April, 1974.)
CHARTER ORDINANCE NO. 11
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 1972 SUPP. 13-1702, WHICH PROVIDES FOR THE EXPIRATION OF THE TERMS OF ALL ELECTIVE OFFICERS AT THE APRIL CITY ELECTION AT THE NEXT ODD-NUMBERED YEAR FOLLOWING THE CHANGE IN CLASSIFICATION FROM CITY OF THE SECOND TO CITY OF THE FIRST CLASS, AND PROVIDING A SUBSTITUTE THEREFOR OF THE TERMS OF THE ELECTED OFFICERS.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas, under the authority of article 12, section 5 of the State of Kansas, thereby elects to exempt itself from and to make inapplicable to it the provisions of K.S.A. 13-1702 which apply to the city, but which do not apply uniformly to all cities and to provide substitute and additional provisions on the same subject.
Sec. 2. Terms of commissioners.
The terms of the two city commissioners elected for a four-year term in the April city election of 1973, shall expire at the April city election of 1977. The terms of the two city commissioners elected for a four-year term in the April city election of 1971, shall expire at the April city election of 1975. The term of the one city commissioner elected for a two-year term in the April election of 1973, shall expire at the April city election of 1975.
Sec. 3. Reelection.
Nothing in this charter ordinance shall be so construed as to prohibit an individual, once elected to the city commission of Garden City, Kansas, from running for re-election as often as that individual desires.
Sec. 4. Term length.
The length of the terms of the elected city commissioners shall be determined as prescribed in K.S.A. 12-1005K.
Sec. 5. Publication.
This ordinance shall be published once each week for two consecutive weeks in the official city paper.
Sec. 6. Effective date.
This charter ordinance shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed requiring a referendum be held on the ordinance as provided in article 12, section 5, subdivision C-3 of the constitution of the State of Kansas, in which case the ordinance shall be effective if approved by a majority of the electors voting thereon.
PASSED AND APPROVED by the governing body, not less than two-thirds of the members-elect voting in favor thereof; this March 27, 1974.
Signed by the mayor.
| D. C. Garcia | |
| Mayor | |
| ATTEST: | |
| Chas. R. Peebles | |
| City Clerk |
(Published in the Garden City Telegram the 17th and 24th days of December, 1974.)
CHARTER ORDINANCE NO. 12
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 17-4756(a) AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE EXERCISE OF URBAN RENEWAL POWERS BY CITIES.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas, by the power vested in it by article 12, section 5, of the constitution of the State of Kansas, hereby elects to exempt itself from, and make inapplicable to it, the provisions of K.S.A. 17-4756(a) and provide substitute and additional provisions as hereinafter set forth in this ordinance. Such referenced provision is either an enactment or a part thereof which is applicable to this city, but is not applicable uniformly to all cities.
Sec. 2. Urban renewal projects.
(a) A municipality may itself exercise its urban renewal project powers (as herein defined) or may, if the governing body of the municipality by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency created by K.S.A. 17-4757, except the powers listed in K.S.A. 17-4748(h). In the event the governing body of the municipality makes such determination, the urban renewal agency shall be vested with all of the urban renewal powers in the same manner as though all such powers were conferred on such agency or authority instead of the municipality. The governing body of any municipality which has elected to have such powers exercised by an urban renewal agency may, when it shall deem such action to be in the best interest of the municipality, elect by resolution to divest such agency of the powers previously conferred upon it and restore such powers to the municipality. The governing body electing to divest any urban renewal agency of urban renewal project powers to exercise the same shall assume, on behalf of the municipality, all debts, contracts and obligations lawfully incurred or entered into by the urban renewal agency during the period such powers were exercised by such agency.
Sec. 3. Publication.
This ordinance shall be published once each week for two consecutive weeks in the official city newspaper.
Sec. 4. Effective date.
This is a charter ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and referendum held on the ordinance as provided in article 12, section 5, subdivision (c)(3) of the constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.
PASSED BY the governing body, not less than two-thirds of the members elect voting in favor thereof, this December 11, 1974.
| R. H. Calihan, Jr. | |
| Mayor | |
| ATTEST: (SEAL) | |
| Charles R. Peebles | |
| City Clerk |
(Published in the Garden City Telegram this 31st day of May and 7th day of June, 1975.)
CHARTER ORDINANCE NO. 13
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 1972 SUPP. 13-1024a, WHICH PROVIDES FOR GENERAL IMPROVEMENTS AND LAND THEREOF, BORROWING MONEY AND BOND ISSUES, AND WHEN ELECTIONS ARE NECESSARY, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas, under the authority of article 12, section 5 of the State of Kansas, thereby elects to exempt itself from and to make inapplicable to it the provisions of K.S.A. 13-1024a which apply to said city, but which do not apply uniformly to all cities and to provide substitute and additional provisions on the same subject.
Sec. 2. Financing of public improvements.
For the purpose of paying for any bridge, viaduct, public building, including the land necessary therefor, for lands for public parks and developing the same, within or without the city, for the improvement, repair or extension of any airport, for public transportation improvements, for the establishment and construction of crematories, desiccating or reduction works, including the land necessary therefor, within or without the city, or for the improvement, repair or extension of any waterworks, sewage disposal plant, electric light plant, crematory, desiccating or reduction work or other public utility plant owned by the city, and for the purpose of rebuilding, adding to or extending to the same from time to time, as the necessities of the city may require, the city may borrow money and issue its bonds for the same, PROVIDED that the total amount of bonds issued without such bonds having been authorized by a vote of the people shall not exceed the sum of $350,000.00 in any one year.
Sec. 3. Publication.
This ordinance shall be published once each week for two consecutive weeks in the official city paper.
Sec. 4. Effective date.
This charter ordinance shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed requiring a referendum be held on the ordinance as provided in article 12, section 5, subdivision C-3 of the constitution of the State of Kansas, in which case the ordinance shall be effective if approved by a majority of the electors voting thereon.
PASSED AND APPROVED by the governing body, not less than two-thirds of the members-elect voting in favor thereof, this May 28, 1975.
| Tony Jewell | |
| Mayor | |
| ATTEST: | |
| Chas. R. Peebles | |
| City Clerk |
(Published in the Garden City Telegram on the 27th day of July, 1975 and 5th day of August, 1975.)
CHARTER ORDINANCE NO. 14
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 41-719, WHICH PROHIBITS THE SALE OF ALCOHOLIC LIQUORS UPON PROPERTY OWNED BY THE CITY OF GARDEN CITY, KANSAS, AND PROVIDING A SUBSTITUTE ON THE SAME SUBJECT.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas, under the authority of article 12, section 5 of the State of Kansas, hereby elects to exempt itself from and to make inapplicable to it the provisions of K.S.A. 41-719 which apply to said city, but which do not apply uniformly to all cities and to provide substitute provisions on the same subject.
Sec. 2. Sale of alcoholic liquor at golf course.
The governing body of said city hereby exempts the following described real property from the limitations and restrictions of K.S.A. 41-719, to-wit:
The Garden City Municipal Golf Course, also known as The East Half (E/2) of Section Eighteen (18), Township Twenty-Five (25) South, Range Thirty-Two (32) West in Finney County, Kansas, all other provisions of K.S.A. 41-719 shall remain effective.
Sec. 3. Publication.
This ordinance shall be published once each week for two consecutive weeks in the official city paper.
Sec. 4. Effective date.
This ordinance shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed requiring a referendum be held on the ordinance as provided in article 12, section 5, subsection C-3 of the constitution of the State of Kansas, in which case the ordinance shall be effective if approved by a majority of the electors voting thereon.
PASSED AND APPROVED by the governing body, not less than two-thirds of the members-elect voting in favor thereof; this July 23, 1975.
Signed by the mayor.
| Tony Jewell | |
| Mayor | |
| ATTEST: | |
| Chas. R. Peebles | |
| City Clerk |
CHARTER ORDINANCE NO. 15
Editor's note: Charter Ordinance No. 15 was adopted on July 26, 1978, and was repealed by Charter Ordinance No. 21.
(Published in the Garden City Telegram on the 15th and 22nd days of October, 1984.)
CHARTER ORDINANCE NO. 16
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM K.S.A. 12-1005K AND 13-1806, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO ELECTION OF COMMISSIONERS, FILLING VACANCIES IN OFFICE OF COMMISSIONER; TERMS OF OFFICE AND ELECTION.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas, under the authority of article 12, section 5 of the State of Kansas, hereby elects to exempt itself from and to make inapplicable to it the provisions of K.S.A. 12-1005K and 13-1806 which applies to said city, but which does not apply uniformly to all cities and to provide substitute and additional provisions on the same subject.
Sec. 2. Election of commissioners.
At each regular off-numbered year city elections, city commissioners shall be elected as follows:
There shall be elected two commissioners for a four-year term and one commissioner for a two-year term. The candidates receiving the largest and second largest number of votes, respectively, shall be elected for a four-year term and the candidate receiving the third largest number of votes shall be elected for the two-year term.
Sec. 3. Vacancy in office.
In case of any vacancy from any cause in the office of any city commissioner, the board of commissioners shall, by a majority vote of all the remaining members thereof, elect some eligible person to serve in such capacity until the next city general election. In case the remaining members of the board of commissioners cannot agree upon some such eligible person, they shall call in the city attorney who shall cast the decisive vote for such appointment. The resignation of any commissioner elected under this ordinance shall be in writing to the board of commissioners for their action thereon. If any commissioner shall move themselves from the territorial limits of such city, such removal shall ipso facto be deemed to create a vacancy in his or her office.
Sec. 4. Filling vacancy at next general election.
Notwithstanding the provisions of section 2, at the next city general election where the vacancy so filled as provided in section 3 was in a term of office that otherwise does not expire at such election, any candidate for this position at such election shall seek election for a full term of office. The general election shall be conducted so as to elect four commissioners at large. There shall be elected two commissioners for a four-year term and two commissioners for a two-year term. The candidates receiving the largest and second largest number of votes, respectively, shall be elected for a four-year term, and the candidates receiving the third and fourth largest number of votes, respectively, shall be elected for a two-year term.
Sec. 5. Effective date.
This charter ordinance shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed requiring a referendum be held on the ordinance as provided in article 12, section 5, subsection C-3 of the Constitution of the State of Kansas, in which case the ordinance shall be effective if approved by a majority of the electors voting thereon.
PASSED AND APPROVED by the governing body, not less than two-thirds of the members-elect voting in favor thereof; this October 10, 1984.
| Bonnie Talley | |
| Mayor | |
| ATTEST: | |
| Michael A. Warren | |
| City Clerk |
(Published in the Garden City Telegram this 10th day of November and 17th day of November, 1984.)
CHARTER ORDINANCE NO. 17
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4112; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS FOR MUNICIPAL COURT PROCEDURE; NAMELY THE IMPOSITION OF COURT COSTS.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas, under authority of article 12, section 5 of the constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-4112 which provision applies to said city, but which does not apply uniformly to all cities and to provide substitute and additional provisions on the same subject.
Sec. 2. Municipal court costs.
The municipal court judge is hereby authorized to assess court costs against the defendant or a complainant in all matters brought before the municipal court and such costs shall be determined by ordinance; provided, however, no court costs shall be assessed against a defendant found "not guilty."
Sec. 3. Publication.
This ordinance shall be published once each week for two consecutive weeks in the official city newspaper.
Sec. 4. Effective date.
This charter ordinance shall take effect 61 days after final publication unless a sufficient petition for referendum is filed requiring a referendum be held on the ordinance as provided in article 12, section 5, subdivision (c)(3) of the constitution of the State of Kansas, in which case the ordinance shall be effective if approved by a majority of the electors voting thereon.
PASSED BY the governing body not less than two-thirds of the members elect in favor thereof, this November 7, 1984.
| Bonnie Talley | |
| Mayor | |
| ATTEST: | |
| Tim Knoll | |
| City Clerk |
(Published in the Garden City Telegram this 12th and 19th day of February, 1985.)
CHARTER ORDINANCE 18
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4106 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO POWERS AND DUTIES OF THE MUNICIPAL COURT JUDGE.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas, under the authority of article 12, section 5, constitution of the State of Kansas, hereby elects to exempt itself from and to make inapplicable to it the provisions of K.S.A. 12-4106 which applies to said city, but which does not apply uniformly to all cities, and to provide a substitute and additional provision on the same subject.
Sec. 2. Municipal judge; powers and duties.
The municipal judge shall have the power to administer the oaths and enforce due obedience to all orders, rules and judgments made by him or her, and may fine or imprison for contempt in the same manner and to the same extent as the district court.
The municipal judge shall have the power to hear and determine all cases properly brought before him or her, to grant continuances, to sentence those found guilty to a fine or confinement in jail, or both, to commit accused persons to jail in default of bond, to determine applications for parole, to release on probation, 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 person.
Sec. 3. Publication.
This ordinance shall be published once each week for two consecutive weeks in the official city newspaper.
Sec. 4. Effective date.
This charter ordinance shall take effect 61 days after final publication unless a sufficient petition for referendum is filed requiring a referendum be held on the ordinance as provided in article 12, section 5, subdivision (c)(3) of the constitution of the State of Kansas, in which case the ordinance shall be effective if approved by a majority of the electors voting thereon.
PASSED by the governing body not less than two-thirds of the members elect in favor thereof, this February 8, 1985.
| Bonnie Talley | |
| Mayor | |
| ATTEST: | |
| Tim Knoll | |
| City Clerk |
(Published in the Garden City Telegram on the 18th day and 25th day of June, 1985.)
CHARTER ORDINANCE NO. 19
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM K.S.A. 12-4207 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO SERVICE OF UNIFORM NOTICES TO APPEAR AND COMPLAINTS FILED WITH THE GARDEN CITY MUNICIPAL COURT.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas, that the Code of Ordinances, City of Garden City, Kansas is hereby amended by adding a section, to be numbered 9-10.1; which section reads as follows:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas, by the power vested in it by article 12, section 5, of the constitution of the State of Kansas, hereby elects to make inapplicable to it and exempts itself from K.S.A. 12-4207 relating to service of complaints and notices to appear filed in the municipal court, which applies to said city but not uniformly to all cities, and provides substitute and additional provisions on the same subject as hereinafter provided.
Sec. 2. Service of complaints and notices to appear.
Complaints and notices to appear shall be served upon the accused persons 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 complaint and notice to appear may be served by a law enforcement officer, fire marshal or duly appointed Garden City building official, code enforcement officer or zoning officer within the state and, if mailed, shall be mailed by a Garden City law enforcement officer or the clerk of the municipal court. Absent a showing of good cause for not returning the notice of receipt and acknowledgement of mailed service, of a complaint or notice to appear, within 20 days after its mailing, the person to be served may be ordered to pay the reasonable costs of obtaining alternative personal service. Said payment shall be collected as a court cost of prosecution and shall be collected in the same manner of court costs and other costs of prosecution. No provisions of this charter ordinance shall be construed to empower fire marshals, building officials, code enforcement officers, zoning enforcement officers or court clerks with powers of arrest, search, detention or other powers of law enforcement officers, except as provided by law. Upon service by mail the law enforcement officer or court clerk shall execute a verification to be filed with a copy of the notice to appear. Said verification shall be deemed sufficient if in substantially the following form:
The undersigned hereby certifies that on the ________ day of ________, 19________, a copy of the Complaint and Notice to Appear was mailed to ________, at ________, ________, ________, ________. (Signature of law enforcement officer or Clerk of Court)
Sec. 3. Publication.
This charter ordinance shall be published once each week for two consecutive weeks in the official city newspaper.
Sec. 4. Effective date.
This charter ordinance shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in article 12, section 5, subdivision (C)(3), of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.
PASSED by the governing body, not less than two-thirds of the members elected voting in favor thereof, this June 12, 1985.
| Duane W. Hays | |
| Mayor | |
| ATTEST: | |
| Tim Knoll | |
| City Clerk |
(Published in the Garden City Telegram this 19th and 26th days of December, 1985.)
CHARTER ORDINANCE NO. 20
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM K.S.A. 79-1951 AND 79-5001 TO 79-5017, INCLUSIVE AND ANY AMENDMENTS THERETO: REPEALING EXISTING CITY OF GARDEN CITY ORDINANCE NOS. 1 AND 10.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, 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 K.S.A. 79-1951 and 79-5001 to 79-5017, inclusive and any amendments thereto, which is an enactment of the legislature applicable to this city but which is not applicable uniformly to all cities.
Sec. 2. Tax levy provisions excepted.
The provisions of K.S.A. 79-1951 and 79-5001 to 79-5017, inclusive, and any amendments thereto, shall not apply to any taxes levied by the City of Garden City.
Sec. 3. Publication.
This charter ordinance shall be published once each week for two consecutive weeks in the official city newspaper.
Sec. 4. Effective date.
This charter ordinance shall take effect 61 days after its final publication, unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in article 12, section 5, subsection (c)(3) of the constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.
Sec. 5. Repealer.
That existing City of Garden City charter ordinance Nos. 1 and 10 are hereby repealed.
PASSED by the governing body, not less than two-thirds of the members-elect voting in favor thereof, this December 11, 1985.
| Duane W. Hays | |
| Mayor | |
| ATTEST: | |
| Tim Knoll | |
| City Clerk |
CHARTER ORDINANCE NO. 21
Editor's note: Charter Ordinance No. 21 was adopted on April 12, 1989, and was repealed by Charter Ordinance No. 27.
(Published in the Garden City Telegram on the 22nd day of July, 1990 and the 3rd day of August, 1990.)
CHARTER ORDINANCE NO. 22
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 41-719(c), WHICH PROHIBITS THE CONSUMPTION OF ALCOHOLIC LIQUORS UPON PROPERTY OWNED BY THE CITY OF GARDEN CITY, KANSAS.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas, under the authority of article 12, section 5 of the constitution of the State of Kansas, hereby elects to exempt itself from and to make inapplicable to it the provisions of K.S.A. 41-719(c), regulating the consumption of alcoholic liquor on public property. The referenced provision applies to the city, but does not apply uniformly to all cities.
Sec. 2. Sale of alcoholic liquor at airport.
The governing body of the city hereby exempts the following described real property owned by the city from the limitations and restrictions of K.S.A. 41-719(c), to-wit:
The Flight Deck Restaurant, or any subsequent restaurant, located at the Garden City Municipal Airport.
All other provisions of K.S.A. 41-719 shall remain effective, and the exemption set forth herein shall not apply to any other areas of the Garden City Municipal Airport.
Sec. 3. Effective date.
This charter ordinance shall take effect 61 days after final publication, unless a sufficient petition for a referendum is filed and a referendum held on the charter ordinance as provided in article 12, section 5, subsection (c)(3) of the constitution of the State of Kansas, in which case the charter ordinance shall become effective if approved by a majority of the electors voting thereon.
PASSED AND APPROVED by the governing body, not less than two-thirds of the members-elect voting in favor thereof, this May 22, 1990.
| George A. Hopkins | |
| Mayor | |
| ATTEST: | |
| Tim Knoll | |
| City Clerk |
(Published in the Garden City Telegram May 16 and May 23, 1992.)
CHARTER ORDINANCE NO. 23
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, FINNEY COUNTY, KANSAS, AND THE GARDEN CITY RECREATION COMMISSION FROM THE PROVISIONS OF K.S.A. 1991 SUPP. 79-5021 TO 79-5033, INCLUSIVE, (AGGREGATE TAX LEVY LIMITATIONS) AND REVERTING TO THE FUND LEVY LIMITS CONTAINED IN K.S.A. 12-1927.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute; tax limitations for recreation commission.
The City of Garden City, Kansas, by the power vested in it by K.S.A. 1991 Supp. 79-5036(a) and (c) and K.S.A. 19-101b, and Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself and the Garden City Recreation Commission, created pursuant to K.S.A. 12-1922 et seq., from the provisions of K.S.A. 1991 Supp. 79-5021 to 79-5033, inclusive, and any amendments thereto, only to the extent as the delineated statutes apply to the application of the aggregate tax levy limitations to the Garden City Recreation Commission, for the purpose of allowing the Garden City Recreation Commission to set its annual tax levy pursuant to K.S.A. 12-1927.
Sec. 2. Publication.
Now, therefore, be it resolved that this charter ordinance shall be published once each week for two consecutive weeks in the Garden City Telegram.
Sec. 3. Effective date.
This charter ordinance shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the ordinance as provided in K.S.A. 19-101b, and article 12, section 5, subsection (c)(3) of the constitution of the State of Kansas, in which case this ordinance shall become effective if approved by a majority of the electors voting thereon.
PASSED AND APPROVED by the governing body, not less than two-thirds of the members-elect voting in favor thereof, this May 12, 1992.
| Bonnie Talley | |
| Mayor | |
| ATTEST: | |
| Jean Solze | |
| City Clerk |
CHARTER ORDINANCE NO. 24
Editor's note: Charter Ordinance No. 24 was adopted on September 22, 1992, and was repealed by Charter Ordinance No. 26.
(Published in the Garden City Telegram on the 20th and 27th day of April, 1993.)
CHARTER ORDINANCE NO. 25
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-1017 RELATING TO PUBLIC IMPROVEMENTS, ESTIMATE OF COST OF IMPROVEMENTS, CONTRACTS AND BIDS, AND BOND ISSUES; AUTHORIZING THE GOVERNING BODY TO ENACT SUBSTITUTE PROVISIONS ON SUCH SUBJECTS BY RESOLUTION OR ORDINANCE.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The governing body of the City of Garden City, 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 provisions of K.S.A. 13-1017, which is an enactment applicable to this city, but is not uniformly applicable to all cities.
Sec. 2. Procedure for public improvements.
The governing body of the City of Garden City, Kansas, may by resolution or ordinance enact substitute or additional provisions on the several subjects addressed in K.S.A. 13-1017, including, but not limited to, the procedure by which certain public improvements will be authorized, the procedures for making and accepting bids, and the authority to contract for improvements.
Sec. 3. Publication.
This charter ordinance shall be published once each week for two consecutive weeks in the official city newspaper.
Sec. 4. Effective date.
This is a charter ordinance, and it shall take effect 61 days after final publication, unless a sufficient petition for a referendum is filed and a referendum held on the charter ordinance as provided in article 12, section 5, subsection (c)(3) of the constitution of the State of Kansas, in which case this charter ordinance shall become effective if approved by a majority of the electors voting thereon.
PASSED by the governing body, not less than two-thirds of the members-elect, voting in favor thereof, this April 13, 1993.
| Michael E. Scheopner | |
| Mayor | |
| ATTEST: | |
| Jean E. Solze | |
| City Clerk | |
| APPROVED AS TO FORM: | |
| Randall D. Grisell | |
| City Counselor | |
CHARTER ORDINANCENO. 26
Editor's note: Charter Ordinance No. 26, adopted December 28, 1993, repealed Charter Ordinance No. 24.
CHARTER ORDINANCE NO. 27
A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-1008, WHICH PROVIDES FOR COMPENSATION OF THE MEMBERS OF THE GOVERNING BODY OF THE CITY; PROVIDING FOR COMPENSATION OF THE MEMBERS OF THE GOVERNING BODY OF THE CITY; REPEALING CHARTER ORDINANCE NO. 21; ALL TO THE CODE OF ORDINANCES OF THE CITY OF GARDEN CITY, KANSAS.
BE IT ORDAINED by the governing body of the City of Garden City, Kansas:
Sec. 1. Exemption from statute.
The City of Garden City, Kansas (city), by virtue of 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 to make inapplicable to it, the provisions of K.S.A. 12-1008, which applies to the city, but does not apply uniformly to all cities, establishing compensation of members of the governing body of the city. The city, through enactment of this charter ordinance, shall establish a substitute to K.S.A. 12-1008.
Sec. 2. Compensation of members of the governing body.
Members of the governing body, with the exception of the mayor, shall be paid compensation for his or her services at the rate of $5,200.00 per year. The mayor shall be paid compensation for his or her services at the rate of $6,000.00 per year. All compensation shall be paid in equal monthly installments. The rate of compensation established by this charter ordinance shall become effective April 10, 2007.
Sec. 3. Repealer.
Charter ordinance no. 21, passed on April 12, 1989, is hereby repealed to be replaced on the effective date of this charter ordinance.
Sec. 4. Publication.
This charter ordinance shall be published once each week for two consecutive weeks in the Garden City Telegram, the official city newspaper.
Sec. 5. Effective date.
This is a charter ordinance, and it shall take effect 61 days after final publication, unless a sufficient petition for a referendum is filed and a referendum held on the charter ordinance as provided in article 12, section 5, subsection (c)(3) of the constitution of the State of Kansas, in which case this charter ordinance shall become effective if approved by a majority of the electors voting thereon.
PASSED by the governing body of the City of Garden City, Kansas, not less than two-thirds of the members-elect voting in favor thereof, this October 24, 2006.
| Gary E. Fuller | |
| Mayor | |
| ATTEST: | |
| Stacey L. Frizzell | |
| City Clerk | |
| APPROVED AS TO FORM: | |
| Randall D. Grisell | |
| City Counselor | |