CHARTER ORDINANCE NO. 114

A CHARTER ORDINANCE of the City of Kansas City, Kansas, amending section 2.10 of Charter Ordinance No. 84 relating to rules and procedures of the governing body, establishing procedures for the passage of ordinances by the Unified Government of Wyandotte County, Kansas City, Kansas, and repealing original section 2.10 of Charter Ordinance No. 84 and repealing the following sections of Charter Ordinance No. 84 and Charter Ordinance 90 which are inconsistent with the recommendations of the Wyandotte County, Kansas City, Kansas, Consolidation Study Commission: sections 2.1, 2.2, 2.3, 2.5, 2.6, 2.7, 2.8, 2.9, 3.1., 3.2, 3.3, 4.2, 4.3, 5.1, and 5.2 of Charter Ordinance No. 84, and sections 2.4, 4.1, and 5.6 of Charter Ordinance No. 90.

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

Section 1. That said original section 2.10 of Charter Ordinance No. 84 of the 1988 Code of Ordinances City of Kansas City, Kansas, is hereby amended to read as follows:

Section 2.10. Unified Board of Commissioners Rules and Procedures for Passing Ordinances.

A.

Voting. No ordinance shall be valid unless six commissioners affirmatively vote in favor thereof: Provided, where the number of favorable votes is one less than required, the chief executive/mayor shall have the power to cast the deciding vote in favor of the ordinary ordinance.

B.

Veto. The chief executive/mayor shall have the power to sign or veto any ordinance passed by the commission except the chief executive/mayor shall not have the power to veto a Charter ordinance or an administrative ordinance not involving policy making: provided that, for ordinances on which the chief executive/mayor casts the deciding vote, the chief executive/mayor shall have no veto and he shall sign such ordinance if present at the meeting and, if the chief executive/mayor refuses or neglects to sign or is not present at the meeting, the ordinance shall take effect without his signature. Any ordinance vetoed by the chief executive/mayor may be passed over the veto by a vote of seven of the commissioners elected, notwithstanding the veto: provided that, if the chief executive/mayor does not sign his or her approval of the ordinance or return the same with his or her veto, stating his objection in writing, on or before the next regular meeting of the unified board of commissioners, the ordinance shall take effect without the chief executive/mayor's signature, such fact to be endorsed by the clerk of the unified government on the ordinance and at the end of the ordinance as entered in the ordinance book. The chief executive/mayor pro tem shall have no power to sign or veto any ordinance.

C.

Form. Proposed ordinary ordinances and resolutions shall be introduced in the commission only in written or printed form. No ordinary ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause of all ordinary ordinances shall be "Be it Ordained by the Unified Board of Commissioners of Wyandotte County, Kansas City, Kansas."

D.

Procedure. Except where Kansas Statutes or other applicable law provide a different procedure for passage of ordinances for a specific purpose, every proposed ordinary ordinance shall be read by title in one open commission meeting before passage. A copy of each proposed ordinary ordinance shall be provided for each commission member and the chief executive/mayor and the county administrator at the time of its introduction and at least three copies shall be provided for public inspection in the office of the unified government clerk or such other office as the unified board of commissioners may designate until it is finally adopted or fails adoption. Persons interested in a proposed ordinary ordinance shall be given an opportunity to be heard before the unified board of commissioners or a standing committee in accordance with such rules and regulations as the unified board of commissioners may adopt.

E.

Publication. The unified government clerk and such other officers as designated by the unified board of commissioners shall cause all ordinances, as soon as practicable after they have been passed and signed, passed over the chief executive/mayor's veto or which take effect without signature to be published once in the official unified government newspaper unless a statute requires more publications. Ordinances shall take effect the day of publication unless a different later date is stated in the ordinance or otherwise specified by statute.

F.

Emergency ordinances. An ordinary ordinance may be passed as an emergency measure on the day of its introduction without publication if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency. Neither an ordinance granting, reviewing or extending a franchise nor a Charter ordinance will be passed as an emergency ordinance.

Section 2. That original section 2.10 of Charter Ordinance No. 84 of the 1988 Code of Ordinances City of Kansas City, Kansas, be and the same is hereby repealed.

Section 3. That sections 2.1, 2.2, 2.3, 2.5, 2.6, 2.7, 2.8, 2.9, 3.1., 3.2, 3.3, 4.2, 4.3, 5. 1, and 5.2, of Charter Ordinance No. 84 and sections 2.4, 4. 1 and 5.6 of Charter Ordinance No. 90 be and the same are hereby repealed and the recommendations of the consolidation study commission adopted by the voters of Wyandotte County on April 1, 1997, pursuant to K.S.A. 1996 supp. 12-343 are hereby substituted therefor.

Section 4. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper, the Kansas City Kansas.

Section 5. This is a Charter Ordinance and 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 Kansas, in which case the ordinance shall become effective if approved by a majority of electors voting thereon.

Section 6. If a court of competent jurisdiction should hold the consolidation of Kansas City, Kansas, and Wyandotte County as authorized by K.S.A. 12-340 et seq. to be void and null, the city's governing body shall continue to govern and operate as if Charter Ordinances No. 84 and 90 were not amended or repealed by this Charter ordinance.

PASSED BY THE GOVERNING BODY OF THE CITY OF KANSAS CITY, KANSAS, NOT LESS THAN TWO-THIRDS OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF, THIS 7th DAY OF AUGUST, 1997.

Approved:

Carol Marinovich

Mayor

Attest:

________

City Clerk

Approved as to Form:

Harold T. Walker

City Attorney