CHARTER ORDINANCE NO. 84

CHARTER ORDINANCE changing the form of government of the City of Kansas City, Kansas, from the three-commissioner form of government to a mayor-council-administrator form; exempting the City of Kansas City, Kansas, from K.S.A. 12-1674a., 12-3001 through 12-3008, 13-103, 13-205, 13-206, 13-303, 13-304 as amended by section 1 of Senate Bill No. 613, 1982 session of the Kansas Legislature, K.S.A. 13-305, 13-431, 13-436, 13-443, 13-502, 13-506—13-516, 13-518, K.S.A. 1981 supp. 13-526a., K.S.A. 13-527, 13-701—13-704, 13-771—13-776, K.S.A. 1981 supp. 13-777, K.S.A. 13-778—13-790, 13-905—13-907, 13-1013—13-1016, 13-1023, 13-10,140, 13-1407, 13-1410, 13-1411, 13-1417, 13-1424—13-1428, K.S.A. 1981 supp. 13-1501, K.S.A. 13-1702, 13-1702a., 13-1704, 13-1706, 13-1707a.—13-1707d., 13-1709, 13-1801, 13-1802, 13-1804, 13-1805, K.S.A. 1981 supp. 13-1806, K.S.A. 13-1807, 13-1808, 13-1810, K.S.A. 1981 supp. 13-1812, K.S.A. 13-1813, 13-1901, 13-1903, 13-1904, 13-2001—13-2003, 13-2005—13-2011, 13-2101—13-2106, 13-2108 as amended by section 2 of Senate Bill No. 800, 1982 session of the Kansas Legislature, K.S.A. 13-2109—13-2110, 13-2117—13-2124, K.S.A. 1981 supp. 13-2201, K.S.A. 13-2202—13-2213, K.S.A. 1981 supp. 13-2214 and 13-2215, K.S.A. 13-2215a.—13-2220, 13-2401—13-2405, K.S.A. 1981 supp. 13-2406, K.S.A. 13-2407, K.S.A. 1981 supp. 13-2408, K.S.A. 13-2409—13-2412, 13-2501, K.S.A. 1981 supp. 13-2507, K.S.A. 13-2508—13-2544, 13-2701, K.S.A. 1981 supp. 13-2702, K.S.A. 13-2703—13-2711, 13-2903—13-2906, K.S.A. 1981 supp. 13-2907, K.S.A. 13-2908, 25-2107, 25-2108a. as amended by section 5 of House Bill No. 2999, 1982 session of the Kansas Legislature, K.S.A. 25-2110(a) and (d), 25-2110a.(a) and (d), 25-2117 and 73-407; repealing Charter Ordinance Numbers 1, 2, 5, 7, 16, 22, 23, 25, 28, 29, 33, 35, 37, 45, 46, 48, 55, 56, 57, 65, 70, 73 and 74, of the City of Kansas City, Kansas; and providing substitute and additional provisions establishing a mayor-council-administrator form of government for the City of Kansas City, Kansas.

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

Article I. Statutes Made Inapplicable

The City of Kansas 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. 12-1674a., 12-3001—12-3008, 13-103, 13-205, 13-206, 13-303, 13-304 as amended by section 1 of Senate Bill No. 613, 1982 session of the Kansas Legislature, K.S.A. 13-305, 13-431, 13-436, 13-443, 13-502, 13-506—13-516, 13-518, K.S.A. 1981 supp. 13-526a, K.S.A. 13-527, 13-701—13-704, 13-771—13-776, K.S.A. 1981 supp. 13-777, K.S.A. 13-778—13-790, 13-905—13-907, 13-1013—13-1016, 13-1023, 13-10,140, 13-1407, 13-1410, 13-1411, 13-1417, 13-1424—13-1428, K.S.A. 1981 supp. 13-1501, K.S.A. 13-1702, 13-1702a., 13-1704, 13-1706, 13-1707a.—13-1707d., 13-1709, 13-1801, 13-1802, 13-1804, 13-1805, K.S.A. 1981 supp. 13-1806, K.S.A. 13-1807, 13-1808, 13-1810, K.S.A. 1981 supp. 13-1812, K.S.A. 13-1813, 13-1901, 13-1903, 13-1904, 13-2001—13-2003, 13-2005—13-2011, 13-2101—13-2106, 13-2108 as amended by section 2 of Senate Bill No. 800, 1982 Session of the Kansas Legislature, K,S.A. 13-2109—13-2110, 13-2117—13-2124, K.S.A. 1981 supp. 13-2201, K.S.A. 13-2202—13-2213, K.S.A. 1981 supp. 13-2214 and 13-2215, K.S.A. 13-2215a.—13-2220, 13-2401—13-2405, K.S.A. 1981 supp. 13-2406, K.S.A. 2407, K.S.A. 1981 supp. 13-2408, K.S.A. 13-2409—13-2412, 13-2501, K.S.A. 1981 supp. 13-2507, K.S.A. 13-2508—13-2544, 13-2701, K.S.A. 1981 supp. 13-2702, K.S.A. 13-2703—13-2711, 13-2903—13-2906, K.S.A. 1981 supp. 13-2907, K.S.A. 13-2908, 25-2107, 25-2108a. as amended by section 5 of House Bill No. 2999, 1982 Session of the Kansas Legislature, K.S.A. 25-2110(a) and (d), 25-2110a.(a) and (d), 25-2117, and 73-407, and provide substitute and additional provisions as hereinafter set forth in this Charter ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this city but are not applicable uniformly to all cities.

Article II. City Council and Mayor [Unified Board of Commissioners
and Chief Executive/Mayor]

Sections 2.1—2.9. Reserved.

Editor's note— Section 3 of Charter Ordinance No. 114 repealed sections 2.1, 2.2, 2.5—2.9 of Charter Ordinance No. 84. Section 2.4 was previously repealed by Charter Ordinance No. 90, which enacted amended provisions. (The provisions of Charter Ordinance No. 90 which amended section 2.4 were also repealed by section 3 of Charter Ord. No. 114.)

Section 2.10. Reserved.

Editor's note— Section 2 of Charter Ordinance No. 114 repealed section 2.10. Section 1 of Charter Ordinance No. 114 enacted new provisions; see Charter Ordinance No. 114.

Article III. Reserved

Sections 3.1—3.3. Reserved.

Editor's note— Section 3 of Charter Ordinance No. 114 repealed Art. III, §§ 3.1—3.3 of Charter Ord. No. 84.

Article IV. Reserved

Sections 4.1—4.3. Reserved.

Editor's note— Section 3 of Charter Ordinance No. 114 repealed sections 4.2, 4.3 of Charter Ordinance No. 84, section 4 of Charter Ordinance No. 90 had previously repealed section 4.1.

Article V. Transition Provisions

Sections 5.1, 5.2. Reserved.

Editor's note— Section 3 of Charter Ordinance No. 114 repealed sections 5.1 and 5.2 of Charter Ordinance [No.] 84.

Section 5.3. Schedule of implementation.

A.

Time of taking partial effect. At the time of its approval by the electors of the city, this Charter ordinance shall be in effect only to the extent necessary to carry out the provisions of this article V, and to provide for the first election of the mayor and district members of the council. The board of city commissioners shall adopt ordinances or take whatever steps are required to cause such election to be held in accord with this Charter ordinance and applicable laws of Kansas.

B.

Time of taking full effect. This Charter ordinance shall be in full effect for all purposes on and after the date and time of the first meeting of the newly elected council.

C.

First meeting of the council. On Tuesday, April 12, 1983, at 7:00 p.m., the newly elected council shall hold its first regular meeting for the purpose of (1) considering and initiating the employment of a city administrator; (2) adopting any ordinary ordinances and resolutions necessary to effect the transition of government under this Charter ordinance and to maintain effective government during that transition; (3) choosing one of its members for the office of deputy mayor; (4) introducing an ordinary ordinance establishing a regular schedule of meeting times and dates for the next two years. Such schedule shall provide for no fewer than two meetings each month; (5) such other business as may be necessary and appropriate.

Section 5.4. Preservation of existing offices.

During the period subsequent to approval of this Charter ordinance by the electors of Kansas City, Kansas, and prior to the time of the first meeting of the newly elected council, the board of city commissioners as interim governing body shall create by ordinary ordinances the offices of city clerk, city auditor, city treasurer, city attorney and all other city offices as they shall exist at the time of approval of this Charter ordinance by the electors of the city. Such ordinary ordinances shall prescribe the functions, organization and all rules and regulations for operation of said offices as they are now prescribed in Kansas statutes or in Charter ordinances of the City of Kansas City, Kansas. Such ordinary ordinances shall provide an effective date of April 12, 1983, at 7:00 p.m.

Section 5.5. Preservation of the civil service commission.

During the period subsequent to the approval of this Charter ordinance by the electors of Kansas City, Kansas, and prior to the time of the first meeting of the newly elected council, the board of city commissioners as interim governing body shall create by ordinary ordinance the civil service commission and civil service system as it shall exist at the time of approval of this Charter ordinance by the electors of the city. Such ordinary ordinance shall prescribe the functions and organization of said civil service commission and shall recreate the details of the civil service system as they are then prescribed in Kansas statutes, in Charter ordinances of the City of Kansas City, Kansas, or in other applicable law. Such ordinary ordinance shall provide an effective date of April 12, 1983, at 7:00 p.m., and shall remain in effect unless and until replaced by the administrative code mandated by section 4.1 of this Charter ordinance. The existing regulations for operation of said civil service system heretofore adopted by the civil service commission and codified at appendix B of the Code of Ordinances of the City of Kansas City, Kansas, shall remain in effect until replaced or continued in effect by any successor civil service commission, if any be provided for in the administrative code mandated by section 4.1 of this Charter ordinance and/or in the personnel code mandated by section 4.3 of this Charter ordinance.

Section 5.6. Reserved.

Editor's note— Section 5.6 of Charter Ordinance No. 84 was repealed by section 4 of Charter Ordinance No. 90. A new section 5.6 of Charter Ordinance No. 84 was enacted by section 3 of Charter Ordinance No. 90. For provisions of new section 5.6, see Charter Ordinance No. 90.

Section 5.7. Ordinances to remain in force.

All ordinances, resolutions, policies, rules and regulations in force at the time this Charter ordinance takes full effect, which are not inconsistent with the provisions of this Charter ordinance, shall remain and be in force until altered, modified or repealed by or under authority of this Charter ordinance.

Section 5.8. Pending actions and proceedings.

No action or proceeding, civil or criminal, brought by or against the city or any appointive or elective officer or employee thereof, and which is pending at the time this Charter ordinance shall take effect, shall be affected or abated by the adoption of this Charter ordinance or by anything herein contained.

Section 5.9. Continuation of contracts, public improvements and taxes.

All contracts and memoranda of agreement entered into by the city, or for its benefit, prior to the taking full effect of this Charter ordinance, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time this Charter ordinance takes full effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws. All taxes and assessments levied or assessed, all fines and penalties imposed, and all other obligations owing to the city which are uncollected at the time this Charter ordinance becomes fully effective, shall continue in full force and effect and shall be collected as if no change had been made.

Article VI. Repeal of Charter Ordinances

That Charter Ordinance Nos. 1, 2, 5, 7, 16, 22, 23, 25, 28, 29, 33, 35, 37, 45, 46, 48, 55, 56, 57, 65, 70, 73 and 74 of the City of Kansas City, Kansas, be and the same are hereby repealed.

Article VII. Severability

If a court of competent jurisdiction should hold any section or part of this Charter ordinance invalid, such holding shall not affect the remainder of this Charter ordinance nor the context in which such section or part so held invalid may appear, except to the extent that an entire section or part may be inseparably connected in meaning and effect with that section or part.

If a court of competent jurisdiction holds a part of this Charter ordinance invalid, or if a change in the Constitution of the State of Kansas or in the Statutes of Kansas or applicable federal law, renders a part of this Charter ordinance invalid or inapplicable, the council may take such appropriate action as will enable the city government to function properly.

Article VIII. Publication of Charter Ordinance

This Charter ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

Article IX. Election on Charter Ordinance

This is a Charter ordinance and its effectiveness is hereby made subject to a vote of the electors of the City of Kansas City, Kansas. It shall take effect in the manner set out in subsections 5.3 A. and 5.3 B. above, only 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, THE 13th DAY OF MAY, 1982.

Approved:

/s/ ___________

Mayor

Attest:

/s/ ___________

City Clerk

Approved as to Form:

/s/ ___________

City Attorney of Kansas City, Kansas