August 27, 2014

LEGAL NOTICE

CHARTER ORDINANCE NO. 26
A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE 19, EXEMPTING THE CITY OF GARDNER, KANSAS FROM THE PROVISIONS OF K.S.A. 14-103, 14-109, 14-111, 14- 201, 14-204, 14-205, 14-207, AND 14-308, PROVIDED THAT ONLY THOSE PROVISIONS OF K.S.A. 14-109 AND 14-205 RELATING TO THE QUALIFICATIONS OF THE MEMBERS OF THE GOVERNING BODY ARE NOT HEREBY SUBSTITUTED AND REPLACED; RELATING TO THE COMPOSITION AND METHOD OF ELECTING MEMBERS OF THE GOVERNING BODY AND THE APPOINTMENT OF CERTAIN OFFICERS AND EMPLOYEES OF THE CITY; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS: SECTION 1. The title of Charter Ordinance No. 19 of the City of Gardner Kansas shall be amended to provide as follows: “A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDNER, KANSAS FROM THE PROVISIONS OF K.S.A. 14-103, 14-109, 14-111, 14- 201, 14-204, 14-205, 14-207, AND 14-308, PROVIDED THAT ONLY THOSE PROVISIONS OF K.S.A. 14-109 AND 14-205 RELATING TO THE QUALIFICATIONS OF THE MEMBERS OF THE GOVERNING BODY ARE NOT HEREBY SUBSTITUTED AND REPLACED; RELATING TO THE COMPOSITION AND METHOD OF ELECTING MEMBERS OF THE GOVERNING BODY AND THE APPOINTMENT OF CERTAIN OFFICERS AND EMPLOYEES OF THE CITY; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS; AND REPEALING CHARTER ORDINANCE NOS. 4, 7 AND 13.” SECTION 2. Section 1 of Charter Ordinance No. 19 of the City of Gardner, Kansas shall be amended to provide as follows: “The City of Gardner, Kansas (the “City”), by virtue of the powers vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself and hereby makes inapplicable to it Sections 14-103, 14-109, 14-111. 14-201, 14-204, 14- 205, 14-207, and 14-308, Kansas Statutes Annotated, which apply to said City, and which are not uniformly applicable to all cities, and the City provides further substitute and additional provisions as set forth herein.”SECTION 3. Section 2 of Charter Ordinance No. 19 of the City of Gardner, Kansas shall be deleted in its entirety.SECTION 4. Section 3 of Charter Ordinance No. 19 of the City of Gardner, Kansas shall be amended to provide as follows: “The City, by virtue of the powers vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provision (replacing K.S.A. 14-103, 14-109, 14-201, 14-204, 14-205 and 14-308, provided that only those provisions of K.S.A. 14-109 and 14-205, as may be amended, relating to the qualifications of the members of the governing body are not substituted and replaced by this Charter Ordinance with the remainder of such statutes being substituted and replaced hereby and further replacing Charter Ordinance No.4): Election of officers; terms; vacancies. The mayor and five councilmembers shall constitute the governing body of the city and shall be elected at-large for four-year terms or until their successors are qualified. Those members of the governing body elected in the year 2011 shall have a term expiring in 2015. Those members of the governing body elected in 2013 shall have terms expiring in 2017. The officers elected hereunder shall be qualified pursuant to the laws of the State of Kansas. The removal from the City of any officer elected hereunder who is required by State law to be a qualified elector thereof, shall occasion a vacancy in such office. In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the governing body shall appoint a qualified elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within 30 days after election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. The governing body shall appoint a qualified elector to fil1 the vacancy. In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the councilmember becoming mayor.”SECTION 5. Section 4 of Charter Ordinance No. 19 of the City of Gardner, Kansas shall be amended to provide as follows:“The City, by virtue of the powers vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provision (replacing K.S.A. 14-111 and replacing Charter Ordinance No. 13): Meetings of council; quorum. Regular meetings of the council shall be held at such times as shall be prescribed by ordinance. Special meetings may be called by the mayor or acting mayor, on the written request of any three members of the council, specifying the object and purpose of such meeting, which request shall be read at the meeting, and entered at length on the journal. In all cases, it shall require four (4) members of the council to constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the council by ordinance may have previously prescribed. In the event of a vacancy on the council, the number of members of the council required to constitute a quorum shall be reduced from four (4) members to three (3).”SECTION 6. Section 5 of Charter Ordinance No. 19 of the City of Gardner, Kansas shall be amended to provide as follows:“The City, by virtue of the powers vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby enacts the fol1owing substitute and additional provision (replacing K.S.A. 14-201 and 14-205 and replacing Charter Ordinance No.7):Appointive officers and employees; rules and procedures; vacancies. The mayor with the consent of the Council may establish rules and procedures for the appointment, removal and other conditions of employment for as many officers and employees as they may deem necessary, in the best interest of the City, to perform its lawful services and functions. All vacancies in office, except in the offices of mayor and council member, may be filled until the next regular time for appointment by appointment by the governing body. Every appointment to office, and the date thereof, shall be entered on the journa1 of proceedings of the council.” SECTION 7. Those provisions stated within Charter Ordinance No. 19 of the City of Gardner, Kansas which are inconsistent with the foregoing are hereby repealed. SECTION 8. This Charter Ordinance shall be published once each week for two consecutive weeks in the official City newspaper. SECTION 9. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed requiring a referendum to be held on this ordinance as provided in Article 12, Section 5, Subdivision (e)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective 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 19th day of May, 2014. /s/ Chris Morrow, Chris Morrow, Mayor (SEAL) ATTEST: /s/ Katie Asbury, Katie Asbury, Interim City Clerk.

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