September 1, 2014

Legal Notice

Charter Ordinance No. 20

A CHARTER ORDINANCE EXEMPTING THE CITY OF EDGERTON, KANSAS FROM THE PROVISIONS OF SECTION 12-4110 AND SECTION 12-4112 OF THE KANSAS STATUTES ANNOTATED AS ADOPTED BY THE KANSAS LEGISLATURE; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT; PRESCRIBING CONDITIONS UNDER WHICH THE CITY ATTORNEY FOR THE CITY OF EDGERTON SHALL PROSECUTE CASES HEARD BY THE MUNICIPAL COURT OF THE CITY OF EDGERTON, KANSAS; AND AUTHORIZING THE ASSESSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL COURT OF THE CITY OF EDGERTON, KANSAS AND FURTHER REPEALING CHARTER ORDINANCE NO. 8.

Section 1. The City of Edgerton, Kansas, a city of the third 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 exempt and does exempt itself from and makes it inapplicable to it, Section 12-4110 of the Kansas Statutes Annotated as adopted by the Kansas Legislature which are not uniformly applicable to all cities, the legislature having made special provisions applying to certain classes of cities in said enactment.

Section 2. In lieu of Kansas Statutes Annotated 12-4110, the Governing Body of the City of Edgerton, Kansas, hereby adopts the following provision:

The City Attorney of Edgerton, in person or by his assistants such as the named prosecuting attorney, shall prosecute all contested cases in the Municipal Court, and shall appear to prosecute such other cases as the Judge of the Municipal Court of the City of Edgerton shall deem necessary.

Section 3. In lieu of Kansas Statutes Annotated 12-4112, the Governing Body of the City of Edgerton, Kansas hereby adopts the following provision:

The Municipal Court Judge by Administrative Order shall establish and assess court costs to the defendant for each and every case that shall result in a conviction in the Municipal Court.

Section 4. Charter Ordinance No. 8 is hereby repealed upon the effective date of this Charter Ordinance.

Section 5. This Charter Ordinance shall take effect 61days after final publication unless a sufficient petition for a referendum is filed and a referendum held on this Charter Ordinance as provided in Article 12, Section 5, Subdivision (c) (3) of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective if approved by the majority of the electors voting thereon.

Adopted and approved this 9th day of January 2014, by the Governing Body of the City of Edgerton, Kansas.

Donald Roberts, Mayor

ATTEST:

Janeice L. Rawles, City Clerk

Approved as to Form:

Patrick G. Reavey, City Attorney

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