A CHARTER ORDINANCE EXEMPTING THE CITY OF EUDORA, KANSAS, FROM CERTAIN PROVISIONS OF KANSAS L. 2015, CH. 88, SEC. 11, RELATING TO THE CITY MANAGER FORM OF GOVERNMENT, AND AMENDING CERTAIN PROVISIONS OF THE EUDORA CITY CODE, AS PREVIOUSLY ADOPTED UNDER CHARTER ORDINANCE NO. 14 (2012).
WHEREAS, the citizens of Eudora, Kansas, have previously adopted by a majority vote the commission-manager form of government, which form was subsequently codified pursuant to Charter Ordinance No. 14 (2012);
WHEREAS, pursuant to such Charter Ordinance No. 14 (2012), the City previously exempted itself from the provisions of Chapter 12, Article 10, and Chapter 14, Articles 11 through 18, inclusive, of the Kansas Statutes Annotated;
WHEREAS, the Kansas Legislature passed L. 2015, ch. 88 (H.B. 2104), which amended and transferred the statutory provisions for the commission-manager form of government, and L. 2015, ch. 88, sec. 8(a) states that a city shall continue to operate under its current form of government if established at an election until such time that city’s form of government is changed;
WHEREAS, the statutory provisions for the commission-manager form of government have been recodified in L. 2015, ch. 88, sec. 11;
WHEREAS, L. 2015, ch. 88, sec. 8(b) states that all existing ordinances and charter ordinances relating to a city’s form of government shall remain in effect until amended or repealed by such city;
WHEREAS, the City of Eudora, Kansas, wishes to exempt itself from provisions within L. 2015, ch. 88, sec. 11.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EUDORA, KANSAS:
SECTION I. Exemption from L. 2015, Ch. 88, Sec. 11. The City of Eudora, Kansas, a commission-manager 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 the provisions of L. 2015, ch. 88, sec. 11, and amendments thereto, which apply to this City but are parts of enactments which do not apply uniformly to all cities.
SECTION II. Continuing Commission-Manager Form. The City of Eudora, Kansas, continues to operate under the commission-manager form of government and pursuant to all existing ordinances and charter ordinances relating to its form of government.
SECTION III. The Governing Body.
(a) The governing body of the City shall consist of a board of five (5) commissioners. As to those two (2) commissioners elected as city commissioners in April 2013, with terms that would have expired in April 2017, such commissioners shall continue in their offices and their terms shall be deemed extended until their successors to such offices are qualified as provided herein. On the first Tuesday in November, 2017, there shall be elected two (2) commissioners to replace those two (2) members of the governing body elected as city commissioners in April 2013, and the two (2) candidates for commissioner receiving the highest votes shall be declared elected for a term of four (4) years each, with their terms to expire on the second Monday of January 2018, when such newly-elected commissioners shall take office.
(b) As to those three (3) commissioners elected as city commissioners in April 2015, with terms that would have expired in April 2019, such commissioners shall continue in their offices and their terms shall be deemed extended until their successors to such offices are qualified as provided herein. On the first Tuesday in November, 2019, there shall be elected three (3) commissioners to replace those three (3) members of the governing body elected as city commissioners in April 2015, and the three (3) candidates for commissioner receiving the highest votes shall be declared elected for a term of four (4) years each, with their terms to expire on the second Monday of January 2020, when such newly-elected commissioners shall take office.
(c) Succeeding elections for all such offices shall be for four (4) year terms, until the successors to such offices are qualified. Each commissioner shall be a resident and qualified elector of the City of Eudora, Kansas.
(d) In accordance with K.S.A. 25-205, and amendments thereto, any person may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by any fee required by law. The nomination petition must be signed by ten percent (10%) of the qualified electors of the City of Eudora.
SECTION IV. Mayor.
(a) The commission shall determine its own order of business, and shall annually, in January of each calendar year or as soon as reasonably practical thereafter, choose its own chairperson from among the commissioners. The chairperson shall have the title of mayor during the year of his or her office; provided, that as to the commissioner selected as mayor as of the date of this charter ordinance, and so as to allow the City to accommodate the election cycles set forth in Section III above, the term of such mayor shall expire on that date in January 2017 (or as soon as reasonably practical thereafter, as set forth above) on which the subsequent mayor shall be selected and qualified.
(b) The Mayor shall serve as the official head of the City on formal occasions. The mayor shall preside at all meetings of the board of commissioners, except as herein otherwise provided. The mayor shall sign all ordinances passed by the board of commissioners and shall have the right to vote as a member of the board on all questions which may arise, but the mayor shall have no veto power. The mayor shall also execute formal agreements requiring the signature of the mayor, but shall have no administrative duties.
SECTION V. Vice-Mayor. The commission shall choose a vice-chairperson annually, who shall have the title of vice-mayor mayor during the year of his or her office. In the absence of the mayor, the vice-mayor shall preside at all meetings of the board of commissioners and shall otherwise exercise the duties of mayor.
SECTION VI. Vacancies. In case of any vacancy from any cause in the office of mayor or any commissioner, the remaining members of the board of commissioners within ten (10) days after the occurrence of the vacancy shall elect some suitable person to fill the vacancy for the balance of the unexpired term of such office. If the remaining members cannot agree upon some such suitable person, then they shall call in the then Municipal Judge who shall cast the decisive vote for such appointment. The resignation of the mayor or any commissioner elected shall be made in writing for their action thereon. If the mayor or any commissioner shall remove from the territorial limits of the city, such removal shall ipso facto be deemed to create a vacancy in such person’s office.
SECTION VII. Meetings. The commission shall meet regularly twice a month, on the second and fourth Mondays of each month, commencing at 7:00 pm, or more often if the public business requires. A call signed by a majority of the commission shall be sufficient warrant for a special meeting. The call for any special meeting shall be given by written notice, specifying the time and the place of such meeting, and filed with the city clerk. Thereupon, the city clerk shall give notice of such meeting to each member of the commission. Regular or special meetings shall always be open to the public.
SECTION VIII. Powers of Commission Generally. It shall be the duty of the commission to pass all ordinances needful for the welfare of the City. Except where a greater percentage for approval is required by law, no ordinance shall be valid unless a majority of all members of the commission vote in favor of the same. The commission shall provide for such offices as shall be necessary to carry out the business of the City and determine salaries for the same. All other powers now to be exercised by cities of the second class, or which shall hereafter be conferred upon them, shall be exercised by the commission, except to the extent they conflict with the powers of the city manager.
SECTION IX. City Manager.
(a) The administration of the City’s business shall be in the hands of a manager. The manager shall be appointed by the commission, and shall hold office at the pleasure of the board, and the commission shall be responsible for the manager’s efficient administration of the City’s business. The manager shall be chosen solely upon the basis of administrative ability; provided, that the City shall be permitted to, but shall not be required to, impose or adopt non-retroactive residence qualifications.
(b) The manager shall be responsible for the administration of all of the affairs of the City. He or she shall see that the laws and ordinances are enforced. The manager shall appoint and remove all heads of departments, and all subordinate officers and employees of the City. He or she shall be responsible for the discipline of all appointive officers, and may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. He or she shall prepare and submit the annual budget to the governing body and also keep the City fully advised as to the financial conditions and needs of the City. He or she may make recommendations to the commissioners on all matters concerning the welfare of the City, and shall have a seat, but no vote, in all of the public meetings of the governing body. No member of the city commission shall directly or indirectly interfere with the conduct of any department, or any personnel or administrative matters of such department.
(c) Notwithstanding the foregoing, and as provided for in Ordinance No. 984, and other applicable laws, the city manager shall comply with purchasing policy of the City and any limits on spending authority provided for therein.
SECTION X. Administrative Departments. Administrative departments shall be created by the commission as the public business may demand. All appointments shall be made by the manager. All department heads shall make regular reports to the manager, and be ready at all times to furnish him or her with such information as he or she may require.
SECTION XI. Abandonment of Commission Form. Notwithstanding anything in this charter ordinance to the contrary, or the City’s exemption from the provisions of Chapter 12, Article 10 of the Kansas Statutes Annotated, the City may abandon the commission-manager form of government in accordance with the procedures set forth in L. 2015, ch. 88, sec. 12, as amended.
SECTION XII. Charter Ordinance No. 14, and any portions thereof codified in the City Code, shall be and are hereby deemed repealed and of no further force and effect, it being the intent of this charter ordinance that the provisions of this charter ordinance be substituted in place thereof; provided, that the City’s previous actions exempting itself from, and making inapplicable to it the provisions of Chapter 12, Article 10, and Chapter 14, Articles 11 through 18, inclusive, of the Kansas Statutes Annotated, and amendments thereto, shall remain in force and effect.