APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 12

A CHARTER ORDINANCE OF THE CITY OF EUDORA, KANSAS, EXEMPTING THE CITY FROM CERTAIN OF THE PROVISIONS OF K.S.A. 14-101 THROUGH 14-310, AND K.S.A. 14-440, REGARDING THE ORGANIZATION AND ELECTION OF THE GOVERNING BODIES OF CITIES OF THE SECOND CLASS,THE POWERS OF THE MAYOR AND OTHER OFFICERS, AND CONTRACTS AND ESTIMATES, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBECTS.

WHEREAS, on December 8, 2010, the Governor of the State of Kansas issued its proclamation establishing the City of Eudora, Kansas (the “City”), as a city of the second class under the provisions of K.S.A. 14-101, et seq.;

WHEREAS, as a result of such proclamation, any previous ordinances and charter ordinances of the City regarding the form and powers of the governing body of the City, and its members thereof, are void or no longer of any force or effect;

WHEREAS, the Governing Body believes it to be in the best interest of the City to exempt the City from certain provisions of the act governing cities of the second class, to-wit:  K.S.A. 14-101 through K.S.A. 14-310; and K.S.A. 14-440.

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

SECTION I.  The City of Eudora, Kansas, a city of the second class, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself and make inapplicable to it all of the provisions of K.S.A. 14-101 through K.S.A. 14-310, inclusive, and amendments thereto, which apply to this City but are parts of an enactment which does not apply uniformly to all cities.

SECTION II.  Effective upon the proclamation of the Governor of the State of Kansas establishing the City of Eudora, Kansas, as a city of the second class, all land within the corporate limits of the City of Eudora, Kansas, whether at this time or hereafter, shall no longer be located within the territory of any township.

SECTION III.  The governing body of the City shall consist of one (1) mayor and five (5) council members who shall be citizens of the City and shall be qualified electors therein under the Constitution of the State of Kansas.  The governing body of the City holding office at the time of the proclamation of the Governor of Kansas establishing the City as a city of the second class shall continue to be the governing body of the City, and the members of such body shall hold their respective offices until the expiration of the current terms to which they were elected.

SECTION IV.  On the first Tuesday in April, 2011, there shall be elected those members of the governing body of the City (mayor and/or council members, as the case may be) whose terms will have then expired pursuant to former Charter Ordinance No. 1 of the City, such terms having commenced on or about April 2007.  The candidates so elected shall be declared elected for a term of four (4) years.  On the first Tuesday in April, 2013, there shall be elected those remaining members of the governing body of the City (mayor and/or council members, as the case may be) whose terms will have then expired pursuant to former Charter Ordinance No. 1 of the City, such terms having commenced on or about April 2009.  Succeeding elections for all such offices shall be for four (4) year terms, or until the successors to such offices are qualified.

SECTION V.  The mayor, with the consent of the council, may appoint, at the first regular meeting of the governing body in May of each year (subject to the below-described terms of office), the following city officers:  a city treasurer, a municipal judge of the municipal court, a city attorney, and such other officers as deemed necessary.  Such officers shall hold an initial term of office of not to exceed one (1) year and until their successors have been appointed and qualified.  Any officers who are reappointed shall hold their offices for a term of one (1) year and until their successors are appointed and qualified.  The duties and pay of the various officers shall be regulated by ordinance, resolution, fee schedule, or other method adopted or authorized by the governing body.  Any officer may be removed by a majority vote of the total membership elected or appointed to the council and may be suspended at any time by the mayor.

SECTION VI.  The City of Eudora, Kansas, a city of the second class, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself and make inapplicable to it all of the provisions of K.S.A. 14-440, and amendments thereto, which applies to this City but is part of an enactment which does not apply uniformly to all cities.

(12-27-2010; Repealed by C.O. No. 14)