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 BAXTER SPRINGS, KANSAS, FROM SECTION 32 OF CHAPTER 274 OF THE 1968 SESSION OF THE KANSAS LEGISLATURE, WHICH SECTION AMENDED K.S.A. 1967 SUPP. 14-201; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE ELECTION AND APPOINTMENT OF CITY OFFICERS AND THE TERM OF OFFICERS.

(Repealed by C.O. No. 6)

CHARTER ORDINANCE NO. 2

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, KANSAS, FROM THE PROVISIONS OF K.S.A. 1978 SUPP. 41-2702; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE SALE OF CEREAL MALT BEVERAGES AND ESTABLISHING LICENSE FEES.

Section 1. The City of Baxter Springs, Kansas, a city of the second class, 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. 1978 Supp. 41-2702 and hereby provides substitute provisions as hereinafter set forth.

Section 2. The following license fees for retail sales of cereal malt beverages hereby established, to-wit:

(a) General Retailer. For each place of business where cereal malt beverages are sold generally at retail and for consumption on the premises – $250 per calendar year.

(b) Limited Retailer. For each place of business where cereal malt beverages are sold at retail in original and unopened containers and not for consumption on the premises – $150 per calendar year.

All licenses issued hereunder shall expire at 12:00 midnight December 31 following issuance; the full amount of the license fee shall be paid regardless of the time of the year in which the license is issued.

Section 3. Any ordinance or parts of ordinance in conflict herewith are hereby repealed.

(12-22-80)

CHARTER ORDINANCE NO. 3

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, KANSAS FROM THE PROVISIONS OF K.S.A. 1979 SUPP. 75-1120, 75-1120A, 75-1121, 75-1122, AND CHAPTER 64, SECTION 5, 1980 SESSION LAWS OF KANSAS, RELATING TO FIXED ASSET MUNICIPAL ACCOUNTING AND AUDIT REQUIREMENTS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

Section 1. The City of Baxter Springs, Kansas, a city of the second class, 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 made inapplicable to it K.S.A. 1979 Supp. 75-1120, 75-1120a, 75-1121, 75-11122, and Chapter 64, Section 5, 1980 Session Laws of Kansas, which all apply to the city, but the provisions of which do not apply uniformly to all cities, and to provide substitute and additional provisions on the same subject.

Section 2. K.S.A. 1979 Supp. 75-1120 is hereby made inapplicable to the city and the following substitute and additional provisions are adopted on the same subject:

There is hereby authorized and there shall be a system of fiscal procedure, accounting and reporting for the city required by Section 5 of this charter ordinance, to have its accounts examined and audited at least once each year, which system shall be uniform in its application to all officers of the same grade and kind and all accounts of the same kind of municipality to which it is applicable, and shall be used by such municipality and its officers and employees when directed by the state municipal accounting board. The city may use or adopt such forms as it shall deem best suited for its particular needs so long as all necessary information is shown on such forms. No copyrighted form or forms, books or records shall be adopted. The system adopted shall be obtainable upon the open market. Provided, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure.

Section 3. K.S.A. 1979 Supp. 75-1120a is hereby made inapplicable to the city and the following substitute and additional provisions are adopted on the same subject:

Except as hereinafter otherwise provided, the city shall utilize accounting procedures and fiscal procedures in the preparation of financial statements and financial reports that conform to generally accepted accounting principals as promulgated by the national committee on governmental accounting and the American institute of certified public accountants and adopted by rules and regulations of the municipal accounting board. Provided, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure.

Section 4. K.S.A. 1979 Supp. 75-1121 is hereby made inapplicable to the city and the following substitute and additional provisions are adopted on the same subject:

The city shall follow all fiscal procedures and regulations adopted by the director of accounts and reports, by and with the approval of the state municipal accounting board; and the director, by and with the approval of the board, may in person or by representatives, conduct such investigation as he or she may deem necessary to determine if provisions of this charter ordinance are being fully complied with. Provided, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure.

Section 5. K.S.A. 1979 Supp. 75-1122 is hereby made inapplicable to the city and the following substitute and additional provisions are adopted on the same subject:

The city shall have the accounts of the city examined and audited by a licensed municipal public account or accountants, or certified public accountant or accountants. Provided, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure.

Section 6. Chapter 64, Section 5, 1980 Session Laws of Kansas is hereby made inapplicable to the city and the following substitute and additional provisions are adopted on the same subject:

In conducting examinations and audits provided for by this charter ordinance, or other applicable laws, the licensed municipal public accountant or certified public account so engaged shall follow the minimum standard audit program, or the applicable portions thereof, prescribed by the director of accounts and reports with the approval of the municipal accounting board. The city so audited shall install and put such standardized accounting system into effect as soon as possible after such audit. Provided, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure and the city’s auditor shall not be required to examine any such fixed asset account and may merely refer to this charter ordinance as authority for the absence of a fixed asset accounting system.

(10-26-81)

CHARTER ORDINANCE NO. 4

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, CHEROKEE COUNTY, KANSAS FROM SECTION 12-4110 AND SECTION 12-4112 OF THE KANSAS STATUES ANNOTATED AN SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT, AUTHORIZING THE ASSESSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL COURT OF THE CITY OF BAXTER SPRINGS, KANSAS.

(Repealed by C.O. No. 7)

CHARTER ORDINANCE NO. 5

A CHARTER ORDINANCE EXEMPTING THE JOHNSON PUBLIC LIBRARY OF THE CITY OF BAXTER SPRINGS, CHEROKEE COUNTY, KANSAS, FROM SECTIONS 79-5001 et seq. OF THE KANSAS STATUTES ANNOTATED.

Section 1. Exemption Election. The City of Baxter Springs, a city of the second 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 and does exempt Johnson Public Library from and make inapplicable to it the provisions of K.S.A. 59-50012 et seq.

(3-13-84)

CHARTER ORDINANCE NO. 6

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, KANSAS FROM K.S.A. 1988 SUPP. 14-201; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME SUBJECT, RELATING TO THE ELECTION AND APPOINTMENT OF CITY OFFICERS AND THE TERM OF OFFICERS.

(Repealed by C.O. No. 20)

CHARTER ORDINANCE NO. 7

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, CHEROKEE COUNTY, KANSAS, FROM SECTION 12-4112 OF THE KANSAS STATUTES ANNOTATED AND SUBSTITUTING ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AUTHORIZING THE ASSESSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL COURT OF THE CITY OF BAXTER SPRINGS, KANSAS, AND REPEALING CHARTER ORDINANCE NO. 4.

(Repealed by C.O. No. 10)

CHARTER ORDINANCE NO. 8

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, CHEROKEE COUNTY, KANSAS, FROM SECTION 25-2108a OF THE KANSAS STATUTES ANNOTATED.

Section 1. Exemption Election. The City of Baxter Springs, a city of the seconded 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 and does exempt itself from and make inapplicable to it the provisions of K.S.A. 59-5001 et seq.

(2-25-92)

CHARTER ORDINANCE NO. 9

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, KANSAS FROM K.S.A. 79-5021 TO 79-5033 INCLUSIVE, RELATING TO AGGREGATE TAX LEVY LIMITS.

Section 1. The City of Baxter Springs, 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. 79-5021 to 79-5033 inclusive, pursuant to the provisions of K.S.A. 1992 Supp. 79-5036.

(4-7-93)

CHARTER ORDINANCE NO. 10

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, CHEROKEE COUNTY, KANSAS, FROM SECTION 12-4112 OF THE KANSAS STATUTES ANNOTATED AND SUBSTITUTING ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AUTHORIZING THE ASSESSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL COURT OF THE CITY OF BAXTER SPRINGS, KANSAS, AND REPEALING CHARTER ORDINANCE NO. 7.

(Repealed by C.O. No. 12)

CHARTER ORDINANCE NO. 11

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-205 AND ALL AMENDMENTS THERETO, RELATING TO THE QUALIFICATION OF OFFICERS AND APPOINTMENT OF NONRESIDENTS AS MUNICIPAL OFFICERS.

(Repealed by C.O. No. 13)

CHARTER ORDINANCE NO. 12

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, FROM SECTION 12-4112 OF THE KANSAS STATUTES ANNOTATED AND SUBSTITUTING ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AUTHORIZING THE ASSESSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL COURT OF THE CITY OF BAXTER SPRINGS, KANSAS, AND REPEALING CHARTER ORDINANCE NO. 10.

(Repealed by C.O. No. 14)

CHARTER ORDINANCE NO. 13

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-205 AND ALL AMENDMENTS THERETO, RELATING TO THE QUALIFICATION OF OFFICERS AND APPOINTMENTS OF NONRESIDENT AS MUNICIPAL OFFICERS.

(Repealed by C.O. No. 15)

CHARTER ORDINANCE NO. 14

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, FROM SECTION 12-4112 OF THE KANSAS STATUTES ANNOTATED AND SUBSTITUTING ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AUTHORIZING THE ASSESSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL COURT OF THE CITY OF BAXTER SPRINGS, KANSAS, AND REPEALING CHARTER ORDINANCE NO.12.

Section 1. Exemption Election. The City of Baxter Springs, a city of the second class as defined under Kansas statutes, by virtue of the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and make inapplicable to it the provision of K.S.A 12-4112, which is not uniformly applicable to all cities, the legislature having made special provision applying to certain classes of the cities in the enactment.

Section 2. Court Costs. In lieu of the provisions of K.S.A. 12-4112, the governing body of the city hereby adopts the following: In each municipal court case where the accused person pleads guilty or nolo contendere, or is found guilty or enters into a diversion agreement, such person shall be assessed costs in the amount of $50.00 for the administration of justice in the municipal court of Baxter Springs, Kansas, and in addition thereto the municipal judge of the City of Baxter Springs, Kansas, is authorized and empowered to assess blood alcohol test fees, witness fees, and mileage permitted and allowed pursuant to K.S.A. 12-4112.

Section 3. Repeal. Charter Ordinance No.12 is hereby repealed.

(8-27-02)

CHARTER ORDINANCE NO. 15

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, KANSAS, FROM THE PROVISIIONS OF K.S.A. 14-205 AND ALL AMENDMENTS THERETO, RELATING TO THE QUALIFICATION OF OFFICERS AND APPOINTMENTS OF NONRESIDENT AS MUNICIPAL OFFICERS; REPEALING CHARTER ORDINANCE NUMBER 13.

Section 1. Authority. That the City of Baxter Springs, Kansas, under the authority of Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself and make inapplicable to it, K.S.A. 14-205, and all amendments thereto, which apply to said city, which same provisions do not apply uniformly to all cities, and to provide substitute and additional provisions on the same subject.

Section 2. Elected Officers. All city officers elected by the voters shall be qualified electors of the City of Baxter Springs, and residents of the City of Baxter Springs, Kansas.

Section 3. Appointed Officers. The City may appoint individuals to appointed position(s) whether or not they are residents of the City, County or the State of Kansas. Appointed officials are not required to be residents when deemed necessary by the Governing Body. The City may appoint or hire resident or nonresident expert employees as Municipal Judge, City Attorney or as Law Enforcement Officers when deemed necessary by the Governing Body. Expert employees shall be defined to include the appointed offices of Municipal Judge, City Attorney or such other positions requiring specialized expertise as shall be defined by and deemed necessary by the Governing Body.

Section 4. Other Personnel. All other employees, including reserve officers of any department, not referenced in Section 2 or Section 3 above shall reside within a twenty five (25) mile buffer zone around the City of Baxter Springs, Kansas.

Section 5. Removal from Office. The removal of residency from the City of Baxter Springs, Kansas, of any elected officer shall occasion an immediate vacancy in such office. The failure of any appointed officer, department head, employee, or any other personnel, including reserve officers, to comply with the residency requirements above shall constitute an immediate vacancy in office, removed from reserve roster or termination of employment as is applicable.

Section 6. Repeal. Charter Ordinance No. 13 is hereby repealed.

(4-24-07)

CHARTER ORDINANCE NO. 16

A CHARTER ORDINANCE ESTABLISHING A TRANSIENT GUEST TAX FOR THE CITY OF BAXTER SPRINGS, KANSAS.

(Superseded by C.O. No. 17)

CHARTER ORDINANCE NO. 17

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE 16 AND ESTABLISHING A TRANSIENT GUEST TAX FOR THE CITY OF BAXTER SPRINGS, KANSAS.

1. Definitions. As used in this ordinance the following words and phrases shall have the meanings respectively ascribed to them herein:

(a) Person means an individual, firm, partnership, corporation, joint venture or other association of persons.

(b) Hotel, motel or tourist court means any structure or building which contains rooms furnished for the purposes of providing lodging, which may or may not also provide meals, entertainment or various other personal services to transient guests, and which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient or permanent guests.

(c) Transient guest means a person who occupies a room in a hotel, motel or tourist court for not more than 28 consecutive days.

(d) Business means any person engaged in the business of renting, leasing or letting living quarters, sleeping accommodations, rooms or a part thereof in connection with any motel, hotel, or tourist court.

2. Levied Amounts. Beginning January 1, 2010, a transient guest tax of eight (8) percent shall be levied in the City of Baxter Springs, Kansas, upon the gross rental receipts derived from or paid by transient guests for lodging or sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel, or tourist court.

3. Basis of Tax. The Transient Guest tax levied pursuant to this ordinance shall be based upon the gross rental receipts collected by any business.

4. Collection and Payment. The tax levied pursuant to this ordinance shall be paid by the consumer or user to the business and it shall be the duty of each and every business to collect from the consumer or user the full amount of any such tax, or an amount equal as nearly possible or practicable to the average equivalent thereto. Each business collecting the tax levied hereunder shall be responsible for paying over the same to the City of Baxter Springs, Kansas in the manner prescribed by this ordinance and the City of Baxter Springs, Kansas shall administer and enforce the collection of such tax.

5. When Due and Payable, Reporting and Record Keeping Requirements. The tax levied and collected pursuant to section 2 and 3 of this ordinance shall become due and payable by the business monthly, on or before the 15th day of the month immediately succeeding the month in which it is collected, with the first payment due and payable on or before the 15th day of February 2010 subject to the conditions and provisions herein. Each business shall make a true report to the City of Baxter Springs, Kansas of revenue, on a form prescribed by the secretary of revenue, providing such information as may be necessary to determine the amounts to which such tax shall apply for all gross rental receipts for the applicable month or months, which report shall be accompanied by the tax disclosed thereby. Records of gross rental receipts shall be kept separate and apart from the records of other retail sales made by a business in order to facilitate the examination of books and records as provided herein.

6. Examination and Inspection of Books and Records. The City of Baxter Springs authorized representative shall have the right at all reasonable times during business hours to make such examination and inspection of the books and records of a business as may be necessary to determine the accuracy of such reports.

7. Failure to Pay Tax, File Return and Penalties. If with respect to sections 2 through 6 herein, inclusive, any taxpayer shall fail to pay any tax levied, fail to file a return, fail to supply information necessary to determine the accuracy of the taxpayer’s returns, files a false or fraudulent return, or willfully violates regulations of the secretary of revenue, then such taxpayer shall be subject to interest and penalties as set out in K.S.A. 12-1698a.

Administration and Collection of Tax. The administration and collection of said tax shall be by the City of Baxter Springs, Kansas, in the same manner as provided in subsection (c) of K.S.A. 12-1698 et. seq. and herein.

9. Transient Guest Tax Fund Established. There is hereby established within the city financial records a special revenue fund to be designated as the transient guest tax fund. All moneys received by the City, as provided herein, shall be credited to the transient guest tax fund.

10. Purposes for Which Moneys in Fund May Be Used. The moneys on deposit in the transient guest tax fund, subject to lawful budget appropriations, may be used for the following purposes:

(a) To contract with any agency, organization or group of firms to promote conventions and tourism within the city;

(b) To provide for the operation, maintenance, expansion or development of city facilities connected with conventions and tourism;

(c) To defray the cost of providing municipal services to convention and tourism functions, including police, fire, Street department or park and recreation department functions;

(d) To create innovative projects and activities promoting Conventions and tourism; and

(e) To promote the general economic welfare of the city and its environs, including the attraction of industry.

(10-13-09)

CHARTER ORDINANCE NO. 18

A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE 17 AND ESTABLISHING A TRANSIENT GUEST TAX RATE FOR THE CITY OF BAXTER SPRINGS, KANSAS.

SECTION I. That Section 2 of Charter Ordinance 17 is hereby repealed.

SECTION II. The new Section 2 of Charter Ordinance 17 shall read as follows:

2. LEVIED AMOUNTS. Beginning February 1, 2010, a transient guest tax of four (4) percent shall be levied in the City of Baxter Springs, Kansas, upon the gross rental receipts derived from or paid by transient guests for lodging or sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel, or tourist court.

(2-23-10)

CHARTER ORDINANCE NO. 19

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-16,128 RELATING TO THE MAYOR’S AUTHORITY AND POWER TO MAKE APPOINTMENTS.

(Did not take effect)

CHARTER ORDINANCE NO. 20

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-201 RELATING TO THE MAYOR’S AUTHORITY AND POWER TO MAKE APPOINTMENTS.

(Repealed by C.O. No. 22)

CHARTER ORDINANCE NO. 21

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-570 AND K.S.A. 14-571 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO PUBLIC IMPROVEMENTS AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IMPROVEMENTS.

SECTION 1. Exemption. The City, by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 14-570 and K.S.A. 14-571, and shall be governed by the following substitute and additional provisions contained herein.

SECTION 2. Master Plan for Public Improvements. Whenever the city engineer, or other city employee or consultant, has prepared a master capital improvements plan (the “Plan”) for the physical development of the City within the boundaries of the City, which Plan (a) may include City infrastructure and utility improvements, the acquisition of necessary land, and the acquisition of equipment, vehicles or other personal property to be used in relation thereto, (b) may provide for assumption and payment of benefit district indebtedness heretofore created for public improvements and for refunding payments made on assessments when such benefit district indebtedness is assumed by the City, and (c) may require a number of years to execute, and such Plan is or has been approved by the Governing Body, the City is hereby authorized to issue its general obligation bonds (the “Bonds”) in an amount sufficient to carry out such Plan and associated costs.

SECTION 3. Procedure for Issuance of Bonds. Before any Bonds are authorized or issued pursuant to this Charter Ordinance, the City shall adopt a resolution specifying the amount of such Bonds and the purpose of the issuance thereof, which resolution shall be published one time in the official City newspaper. Such resolution may contain a provision that the issuance of the Bonds be subject to a provision that if within 30 days after the date of publication of the resolution, a petition in opposition to the issuance of the Bonds, signed by not less than ten percent of the qualified electors of the City is filed with the City Clerk, the City shall not have the authority to issue the Bonds until such question is submitted to the electors of the City at a special election called for that purpose or at the next general election and approved by a majority of the electors of the City voting at such election. If such resolution is subjected to the foregoing protest provision and no such written protest is filed, or if such resolution is not subjected to the foregoing protest provision, the City may proceed to issue the Bonds. Any election required by this section shall be conducted in the manner set forth in K.S.A. 10-120 by the election officer of the county in which the City is located.

(5-28-13)

CHARTER ORDINANCE NO. 22

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, KANSAS, FROM THE PROVISIONS OF (K.S.A. 14-103) AND/OR (K.S.A. 14-201) AND/OR (K.S.A. 14-204), 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. 20.

SECTION 1. The City of Baxter Springs, 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/OR (K.S.A. 14-201) AND/OR (K.S.A. 14-204), that 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 [4-12] 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 Baxter Springs, 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 expiring 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 expiring 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 2016. Succeeding elections will be held every year 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 two 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, a chief of police, 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 by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by any fee required by law.

SECTION 7. All elections for the City of Baxter Springs, Kansas shall be nonpartisan.

SECTION 8. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

SECTION 9. 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.

(12-13-16)

CHARTER ORDINANCE NO. 23

A CHARTER ORDINANCE EXEMPTING THE CITY OF BAXTER SPRINGS, KANSAS FROM THE PROVISIONS OF K.S.A. 12-1222 RELATING TO THE REQUIREMENT THAT MEMBERS OF THE MUNICIPAL LIBRARY BOARD BE RESIDENTS OF THE MUNICIPALITY.

SECTION 1. The portion of K.S.A. 12-1222 requiring members of a municipal library board to be residents of the municipality shall not apply to the City of Baxter Springs.

SECTION 2. Prospective board members who are not residents of the City of Baxter Springs, Kansas may be considered in the same manner as those prospective members who reside within the City of Baxter Springs, Kansas.

SECTION 3. Membership of the Library Board for the City of Baxter Springs, Kansas shall be made up of seven members, no less than five of which shall be residents of the City of Baxter Springs, and no more than two of which may be chosen from persons residing outside the City of Baxter Springs, Kansas. Nothing shall prevent membership of the library board to consist of more than the minimum number of residents of the City of Baxter Springs as provided herein, but in no event shall members chosen from those persons residing outside the City of Baxter Springs exceed the number provided herein.

SECTION 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed accordingly.

SECTION 5. This Charter Ordinance shall take effect sixty-one days after final publication, unless a sufficient petition for a referendum is filed and a referendum held on the ordinance, as provided in Article 12, Section 5, Subdivision C (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.

(9-12-17)