APPENDIX A - CHARTER ORDINANCES

NOTE: The charter ordinances included herein are for information only. Each of them contains the substance as adopted by the governing body but enacting clauses, publication clauses and signatures have been omitted to conserve space. Complete copies of each charter ordinance as adopted are on file in the office of the city clerk and with the Kansas secretary of state. Date of passage by the governing body of each charter ordinance is shown in parentheses at the end of the text.

CHARTER ORDINANCE NO. 1

A CHARTER ORDINANCE EXEMPTING THE CITY OF NICKERSON, KANSAS FROM THE PROVISIONS OF K.S.A. 1971 SUPP. 14-103, 14-201, 25-2107 AND 25-2108 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE ELECTION AND APPOINTMENT OF CITY OFFICERS AND THE TERMS OF OFFICE.

(Repealed by C.O. No. 14)

CHARTER ORDINANCE NO. 2

CHARTER ORDINANCE EXEMPTING THE CITY OF NICKERSON, KANSAS FROM ARTICLES 41, 42, 43, 44, 45, 46 OF CHAPTER 12 OF KANSAS STATUTES ANNOTATED, 1973, SUPPLEMENT, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, PROVIDING FOR A CODE OF PROCEDURE FOR THE MUNICIPAL COURT OF NICKERSON, KANSAS.

Section 1. The City of Nickerson, Kansas, a mayor-council city of the second class, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, elects to and hereby exempts itself from and makes inapplicable to it Articles 41, 42, 43, 44, 45, 46, of Chapter 12 of Kansas Statutes Annotated, 1973 Supplement, which apply uniformly only to cities of the second and third class, and elects to and hereby does provide substitute and additional provisions as hereinafter set out.

Section 2. There is hereby incorporated by reference under the provision of K.S.A. 12-3009, 1973 Supplement for the purpose of specifically adopting a procedural code for the municipal court of Nickerson, Kansas, the provisions of Articles 21 through 26, 28, 29, 32 through 36, 38, 39, and 45, Chapter 22, Kansas Statutes Annotated, 1973 Supplement.

(05-06-74)

CHARTER ORDINANCE NO. 3

A CHARTER ORDINANCE EXEMPTING THE CITY OF NICKERSON, KANSAS FROM THAT PORTION OF K.S.A. 14-201 THAT REQUIRES THAT THE MAYOR, WITH THE CONSENT OF THE COUNCIL, APPOINT A MUNICIPAL JUDGE AND A CITY ATTORNEY; AND PROVIDING A MANNER FOR THE CONTRACTING OF LEGAL SERVICES.

Section 1. Authority. The City of Nickerson, Kansas, a city of the second class, by the power vested in it by Article 12, Section 5 of the Constitution of Kansas, hereby elects to exempt and does exempt itself from and makes inapplicable to it that portion of K.S.A. 14-201 that requires the mayor, with the consent of the council, to appoint a municipal judge and a city attorney for the City of Nickerson, which statute is not applicable uniformly to all cities. The city does not exempt itself from any portion of said statute except that expressly set out in this ordinance.

Section 2. Definitions. The term law firm, as used in this ordinance, shall mean a partnership or association of two or more attorneys licensed by the State of Kansas affiliated together for the practice of law.

Section 3. Mayor to Contract for Legal Services. The mayor, with consent of the council, shall contract with a law firm within Reno County, Kansas, to provide legal services as needed to the city council for the council’s advice and representation.

Section 4. Mayor to Contract for Judicial Services. The mayor, with the consent of the council, shall contract with a law firm, other than the law firm which shall provide legal services to the city, to provide judicial services to the city as needed.

Section 5. Independent Contractors. Both law firms, shall be independent contractors and shall not be employees or officer of the City of Nickerson. Each law firm shall decide which of its members shall represent the city in a legal or judicial capacity on any particular occasion or occasions.

(09-07-76)

CHARTER ORDINANCE NO. 4

A CHARTER ORDINANCE EXEMPTING THE CITY OF NICKERSON, KANSAS, FROM K.S.A. 1976 SUPP. 79-5011; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND AUTHORIZING THE LEVYING OF TAXES TO CREATE A SPECIAL FUND FOR THE PURPOSE OF PAYING UTILITY SERVICE COSTS.

Section 1. The City of Nickerson, 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 K.S.A. 1976 Supp. 79-5011, and to provide substitute and additional provisions as hereinafter set forth in this charter ordinance.

Section 2. The provisions of K.S.A. 1976 Supp. 79-5001 to 79-5016, inclusive, shall not apply to or limit the levy of taxes by the City of Nickerson for the payment of:

(a)    Principal and interest upon bonds and temporary notes;

(b)    No-fund warrants issued with the approval of the State board of tax appeals;

(c)    Legal judgments rendered against the city;

(d)    Special assessments charged against the city at large;

(e)    Utility service costs, whether paid from a separate property tax levy fund of the city or from any other tax supported fund.

Section 3. Amounts produced from any levy specified or authorized in this charter ordinance, including any levy or purpose authorized to be levied in addition to or exempt from the aggregate levy limit of the city, shall not be used in computing any aggregate limitation under Article 50 of Chapter 79 of the 1976 Supplement to the Kansas Statutes Annotated.

Section 4. The City of Nickerson is hereby authorized to levy a tax for the purpose of paying utility service costs. As used in this charter ordinance, utility service costs shall include payments made by the city to an electric or natural gas system, company or utility for the purpose of obtaining street lighting or traffic control signals or for the lighting, heating, cooling or supplying of water or energy to any city building or facility or for the operation or performance of any function or service by the city.

(07-05-77)

CHARTER ORDINANCE NO. 5

A CHARTER ORDINANCE EXEMPTING THE CITY OF NICKERSON, KANSAS, FROM K.S.A. 79-5001 TO 79-5018, INCLUSIVE, AND AUTHORIZING THE LEVYING OF TAXES TO CREATE A SPECIAL FUND FOR THE PURPOSE OF ESTABLISHING A CEMETERY FUND.

Section 1. The City of Nickerson, 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 K.S.A. 79-5011, and to provide substitute and additional provisions as hereinafter set forth in this charter ordinance. K.S.A. 79-5011 is a part of an enactment of the legislature applicable to this city but not applicable uniformly to all cities.

Section 2. The provisions of K.S.A. 79-5001 to 79-5018, inclusive, shall not apply to or limit the levy of taxes by the City of Nickerson for the payment of:

(a)    Those expenses attributable to make permanent improvements in cemeteries and upkeep of the same.

Section 3. The provisions of Article 50 of Chapter 79 of the Kansas Statutes Annotated shall not apply to any taxes levied by the City of Nickerson, under the provisions of K.S.A. 12-1405.

Amounts produced from any levy specified or authorized in this charter ordinance, including any levy or purpose authorized to be levied in addition to or exempt from the aggregate levy limit of the city, shall not be used in computing any aggregate limitation under Article 50 of Chapter 79 of the Kansas Statutes Annotated.

Section 4. The City of Nickerson is hereby authorized to levy a tax against all taxable tangible personal property in the city for the purpose of creating a fund for permanent improvements in cemeteries and upkeep of the same.

(12-07-81)

CHARTER ORDINANCE NO. 6

A CHARTER ORDINANCE EXEMPTING THE CITY OF NICKERSON, KANSAS,

FROM K.S.A. 14-301, AND PROVIDING FOR THE SUPERVISION OF CITY EMPLOYEES BY THE CITY COUNCIL.

(Repealed by C.O. No. 9)

CHARTER ORDINANCE NO. 7

A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 1 OF THE CITY OF NICKERSON AND PROVIDING FOR TWO-YEAR TERMS FOR THE MAYOR AND COUNCILPERSONS.

(Revised by C.O. No. 12)

CHARTER ORDINANCE NO. 8

A CHARTER ORDINANCE EXEMPTING THE CITY OF NICKERSON, KANSAS, FROM K.S.A. 14-205, AND AUTHORIZING THE APPOINTMENT OF NON-RESIDENTS OF THE CITY TO OFFICER AND EMPLOYEE POSITIONS OF THE CITY.

Section 1. The City of Nickerson, 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 K.S.A. 14-205, and to provide substitute and additional provisions as hereinafter set forth in this charter ordinance. K.S.A. 14-205 is a part of an enactment of the legislature applicable to this city but not applicable uniformly to all cities.

Section 2. Present section 2-607 of the Nickerson City Code is hereby repealed.

Section 3. The following is substituted in its place:

"2-607. Qualifications. Every appointed officer and employee of this city shall be a resident of the city prior to accepting appointment, except that non-residents may be hired when deemed necessary by the council.

Officers and employees shall take an oath administered by the mayor or the city clerk and shall give bond, if required by the council. Such oath shall be filed in the office of the city clerk.

The officer or employee so appointed shall receive a certificate of appointment signed by the mayor and attested by the city clerk. The neglect or refusal of any person appointed to any office of this city to qualify within three days after receiving notice of his appointment shall be deemed a refusal to accept the office."

(07-16-84)

CHARTER ORDINANCE NO. 9

A CHARTER ORDINANCE REPEALING THE EXEMPTION OF THE CITY OF NICKERSON, KANSAS, FROM K.S.A. 14-301, RELATIVE TO THE SUPERVISION OF CITY EMPLOYEES.

Section 1. The City of Nickerson, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to repeal Charter Ordinance No. 6 relative to the supervision of city employees.

(01-04-88)

CHARTER ORDINANCE NO. 11

A CHARTER ORDINANCE EXEMPTING THE CITY OF NICKERSON, KANSAS, FROM K.S.A. 12-4202, 4203 AND 4204, INCLUSIVE; AND PROVIDING PROCEDURES FOR THE ISSUANCE OF COMPLAINTS AND NOTICES TO APPEAR AND THE FORM THEREOF.

Section 1. The City of Nickerson, 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 K.S.A. 12-4202, 4203, and 4204, and to provide substitute and additional provisions as hereinafter set forth in this charter ordinance. K.S.A. 12-4202, 4203, and 4204 are parts of an enactment of the legislature applicable to this city but not applicable uniformly to all cities.

Section 2. In place of the statutes above cited, the city hereby ordains:

(a)    Complaint Requirements. A complaint shall be in writing and signed by the complainant. It shall be deemed sufficient if in substantially the form of the complaint set forth in K.S.A. 12-4202 and amendments thereto, except that the complaint is not required to be sworn if it is signed by an authorized representative of an agency contracting with the city to provide security and other services.

(b)    Same; How Used; Issuance of Warrant. A copy of the complaint shall be served upon the accused person, together with a notice to appear or a warrant, by a law enforcement officer, by an authorized representative of an agency contracting with the city to provide security and other services, or by the city clerk, and the complaint shall be filed with the municipal court, except that a complaint may be filed initially with the municipal court.

(c)    Notice to Appear; Contents; Form. A notice to appear shall describe the offense charged, shall summon the accused person to appear, and shall contain a space in which the accused person may agree, in writing, to appear at a time not less than five days after such notice to appear is given. A notice to appear may be signed by the municipal judge, the city clerk or an authorized representative of an agency contracting with the city to provide security and other services.

A notice to appear shall be deemed sufficient if in substantially the form of the notice to appear set out in K.S.A. 12-4205.

(10-18-93)

CHARTER ORDINANCE NO. 12

A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE 7 OF THE CITY OF NICKERSON AND CHARTER ORDINANCE 10 OF THE CITY OF NICKERSON AND PROVIDING FOR TERMS OF OFFICE FOR THE MAYOR AND COUNCIL PERSONS.

(Repealed by C.O. No. 14)

CHARTER ORDINANCE NO. 13

A CHARTER ORDINANCE OF THE CITY OF NICKERSON, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 13-1024a RELATING TO GENERAL IMPROVEMENTS AND THE ISSUANCE OF BONDS THEREFOR AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO.

Section 1. Exemption-K.S.A. 13-1024a. The City, by the power vested in it by the Act, hereby elects to exempt itself from the make inapplicable to it, the provisions of K.S.A. 13-1024a and does hereby provide the following substitute and additional provisions in place thereof:

For the purpose of paying (a)(i) for any bridge, viaduct, public building, street and sidewalk, and the land necessary therefor, (ii) for lands for public parks and recreation facilities and for developing and constructing parks and recreation facilities, and for developing and constructing parks and recreation facilities, within or without the City, (iii) for the establishment and construction of crematories, desiccating or reduction works, including the land necessary therefor, within or without the City, or (iv) for the improvement, repair or extension of any waterworks, sewage disposal plant, electric light plant, crematory, desiccating or reduction works or other public utility plant owned by the City, and (b) for rebuilding, adding to or extending the structures, buildings and facilities described in sub-section (a) hereof, from time to time, as the necessities of the City may require, the City may borrow money and issue its bonds for the same.

Section 2. Severability. Any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidity shall not affect any other provision of this Charter Ordinance. In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.

Section 3. Effective Date. This Charter Ordinance shall be published once a week for two consecutive weeks in the official city newspaper, and shall take effect sixty (60) days after final publication, unless a petition signed by a number of electors of the City equal to not less than ten percent (10%) of the number of electors who voted at the last preceding regular City election shall be filed in the office of the City Clerk, demanding that this Charter Ordinance b submitted to a vote of the elector, in which event this Charter Ordinance shall take effect when approved by a majority of the electors voting at an election held for such a purpose.

(1-21-08)

CHARTER ORDINANCE NO. 14

A CHARTER ORDINANCE EXEMPTING THE CITY OF NICKERSON, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-103 AND K.S.A. 14-201, RELATING TO THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, THE APPOINTMENT OF OFFICERS, AND NOMINATION PETITIONS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NO. 1 and 12 AND REPEALING NICKERSON CITY CODE; CHAPTER 6, ARTICLE 2, SECTIONS 6-201 AND 6-202.

Section 1. The City of Nickerson, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A. 14-103 AND K.S.A. 14-201, which apply to this city, but are parts of enactments which do not apply uniformly to all cities.

Section 2. (a) The governing body shall consist of a mayor and 6 council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Nickerson, Kansas.

(b) The governing body of the city may, by ordinance, divide the city into wards and precincts, establish the boundaries thereof, and number the same. No ordinance redefining wards and precincts shall become effective less than 30 days prior to the next regular city election.

Section 3. Those governing body positions with terms formally set to expire in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office. Those governing body positions with terms formally set to expire in April 2019, shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office.

Section 4. A general election of city officers take place on the Tuesday succeeding the first Monday in November 2017. Succeeding elections will be held every two years for all such governing body positions whose terms have expired. One council member from each ward shall be elected at one election, and the other council member from that ward shall be elected at the succeeding election. The council members shall have four year terms. The Mayor shall have a two year term.

Section 5. The mayor shall appoint, by and with the consent of the council, a municipal judge of the municipal court, city clerk, city attorney, and any other officers deemed necessary. Any officers appointed and confirmed shall hold an initial term of office of not to exceed one year and until their successors are appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. The council shall by ordinance specify the duties and compensation of the office holders, and by ordinance may abolish any office created by the council whenever deemed expedient.

Section 6. In accordance with K.S.A. 25-205, and amendments thereto, any person may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by any fee required by law. The nomination petition must be signed by 10% of the qualified electors of the City of Nickerson.

Section 7. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

Section 8. This Charter Ordinance shall take effect 61 days after the final publication unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the ordinance as provided by Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case this charter Ordinance shall become effective upon approval by the majority of the electors voting thereon.

(1-26-16)