A CHARTER ORDINANCE BY THE CITY OF PARK CITY, KANSAS, REPEALING PARK CITY, KANSAS, CHARTER ORDINANCES 3-82 AND 4-82, AND EXEMPTING THE CITY OF PARK CITY, KANSAS FROM THE PROVISIONS OF K.S.A. 14-103, 14-201, THE FIRST PARAGRAPH OF 14-204, 14-207, AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECTS REGARDING ELECTING COUNCIL MEMBERS AT LARGE, ELECTIVE AND APPOINTIVE OFFICERS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PARK CITY, KANSAS:
Section 1.
The City of Park City is a duly incorporated city of the third class within the State of Kansas, but shall be declared and proclaimed a city of the second class within the State of Kansas effective July 1, 1994, and by the powers vested in the said city by Article 12, Section 5, of the Constitution of the State of Kansas, thereby exempts the city from the operation of and provides substitute provisions to K.S.A. 14-103, 14-201, the first paragraph of 14-204, 14-207, which respectively pertain to the general provision of government by mayor and council and laws relating to electing council members at large, elective and appointive officers of cities of the second class; and said substitute provisions for those statutes shall be as set forth in this Charter Ordinance.
Section 2. AUTHORITY:
In order to maintain a form of government, determined by the governing body of the City of Park city, Kansas, to be more consistent with the nature and needs of the City of Park City, Kansas, the governing body of the City of Park City, Kansas, pursuant to Article 12, Section 5, of the Constitution of the State of Kansas, hereinbelow retains and adopts for its use, the mayor and council form of city government and its general laws applicable to the election of council members at large, elective, and appointive officers.
Section 3. COMPOSITION OF COUNCIL:
The council of the city shall consist of five (5) members, elected by the city at large. The population of the City shall be ascertained, when necessary, by a census taken under an ordinance of the city.
Section 4. OFFICERS: QUALIFICATIONS AND VACANCIES:
The officers elected shall be qualified electors of said city. Appointed officers should be electors of the city whenever practical or possible, except the city may appoint non-residents as officers when the Governing Body deems it advisable, necessary and in the best interest of the city to appoint as an officer a non-resident; provided that, nothing herein shall authorize the appointment of non-residents of this State or Sedgwick County. The removal from the city of any officer elected under this act who is required to be a qualified elector thereof, shall occasion a vacancy in such office. All vacancies in office, except in the office of mayor or council member, may be filled until the next regular time for appointments by appointment of the Governing Body. Every appointment to office, and the date thereof, shall be entered into the journal of the proceedings of the Council.
Section 5.
On the first Tuesday in April, 1983, there was in Park City, Kansas, elected a mayor and five (5) council members. At said election, the mayor was declared to be elected for a term of two (2) years and the two (2) candidates receiving the highest number of votes were declared to be elected for a term of four (4) years. The candidates for council member receiving the next three (3) highest number of votes were declared to have been elected for a term of two (2) years. The City of Park City, Kansas, continues to adopt and follow the election of those council positions by the city at large every four (4) years. Succeeding elections for all such offices shall continue to be for four (4) year terms, or until the successor to such offices are qualified, except for the office of Mayor which shall continue to be for a term of two (2) years.
Section 6. VACANCIES IN OFFICE:
A. In case of a vacancy in the office of mayor, the president of council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.
B. In case of vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor by and with the advice and consent of the remaining council members shall appoint some suitable elector to fill the vacancy until the next regular election for that office. In case any person elected as council member neglects or refuses to qualify within thirty (30) days after his election or appointment, he shall be deemed to have refused to accept such office and a vacancy shall exist. Thereupon, the mayor by and with the advice and consent of the remaining council members shall appoint a suitable elector to fill such vacancy.
Section 7. APPOINTMENT OF CITY OFFICERS:
At the first meeting of the Governing Body in May of each year, the mayor, by and with the advice and consent of council, may appoint the following city officers: municipal court judge, attorney (who may also serve or designate a council approved prosecutor), zoning administrator, clerk, treasurer, chief of police, and any other such officers as deemed necessary. Such officers shall hold an initial term of office 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. Any officer may be removed by a majority vote of the total membership elected or appointed to the council and be suspended at any time by the mayor.
(04-26-1994)