A CHARTER ORDINANCE EXEMPTING THE CITY OF EUDORA, KANSAS, FROM CERTAIN PROVISIONS OF THE KANSAS STATUTES REGARDING COMMISSION-MANAGER FORMS OF GOVERNMENT, TO-WIT: CHAPTER 12, ARTICLE 10, AND CHAPTER 14, ARTICLES 11 THROUGH 18, INCLUSIVE, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AND REPEALING CHARTER ORDINANCE NOS. 1 AND 12, RELATING TO THE ELECTION OF COMMISSIONERS, THE MAYOR, THEIR TERMS OF OFFICE, AND THE FILLING OF VACANCIES.
WHEREAS, the question of adopting the commission-manager form of government was submitted to and approved by the electorate of the City of Eudora, Kansas, as required by K.S.A. 12-1018 and K.S.A. 12-184; and
WHEREAS, the Governing Body believes it to be in the best interest of the City of Eudora, Kansas, to exempt itself from certain provisions of the Kansas city-manager plan statutes, K.S.A. 12-1001 et seq., as further provided herein, and K.S.A. 14-204.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EUDORA, KANSAS:
SECTION I. 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 Chapter 12, Article 10, and Chapter 14, Articles 11 through 18, inclusive, of the Kansas Statutes Annotated, and amendments thereto, which apply to this City but are parts of enactments which do not apply uniformly to all cities.
SECTION II. The Governing Body. The Governing Body of the city shall consist of a board of five (5) commissioners. On the first Tuesday in April, 2013, there shall be elected two (2) commissioners to replace those two (2) members of the governing body elected as city council members in April 2009, and the two (2) candidates for commissioner receiving the highest votes shall be declared elected for a term of four (4) years. Those three (3) members of the governing body elected as city council members in April 2011, for a term of four (4) years, shall continue to serve as commissioners until their respective terms expire, and on the first Tuesday in April, 2015, there shall be elected three (3) commissioners, and the three (3) candidates for commissioner receiving the highest votes shall be declared elected for a term of four (4) years. Succeeding elections for all such offices shall be for four (4) year terms, or until the successors to such offices are qualified.
SECTION III. Mayor. The commission shall choose its own chairperson annually and determine its own order of business. The chairperson shall have the title of mayor during the year of his or her office, to the end that the city shall have an official head 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. Notwithstanding the foregoing, the person elected as mayor of the city in April 2009 for a four (4)-year term shall continue in such role in an ex officio and non-voting capacity through the expiration of his term.
SECTION IV. 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 V. 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 VI. 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 VII. 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 VIII. 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 IX. 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 X. 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 K.S.A. 12-1019 and/or K.S.A. 12-1038, as amended.
SECTION XI. By operation of law and the adoption of the commission-manager form of government, and pursuant to this charter ordinance, effective as of the date all commissioners are qualified for office, Charter Ordinance Nos. 1 and 12, 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.
SECTION XII. This ordinance shall be published once each week for two (2) consecutive weeks in the Lawrence Journal World, the official newspaper of said City.
SECTION XIII. This is a charter ordinance and shall take effect sixty-one (61) days after its final publication unless a sufficient petition for a referendum is filed and a referendum is 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 charter ordinance shall not take effect until approved by a majority of the electors voting thereon.
Passed and approved by the Governing Body of the City of Eudora, Kansas, with not less than two-thirds (2/3) of the members elect voting in favor thereof, on this 12th day of November, 2012.
(11-12-2012)