A CHARTER ORDINANCE EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-4112 AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 12, SECTION 5 OF THE CONSTITUTION OF THE STATE OF KANSAS
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WINCHESTER, KANSAS:
WHEREAS, pursuant to Article 12, Section 5 of the Kansas Constitution, hereinafter referred to as the “Constitution,” cities of the State of Kansas, hereinafter referred to as the “State,” may by charter ordinance elect, in the manner prescribed in the Constitution, that the whole or any part of any enactment of the State legislature applying to such city shall not apply to such city unless such enactment is of statewide concern applicable uniformly to all cities, is otherwise applicable uniformly to all cities or unless such enactment prescribes limits of indebtedness; and
WHEREAS, pursuant to the Constitution, no charter ordinance shall take effect until sixty (60) days after its final publication; provided, however, if within sixty (60) days of its final publication 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 clerk of such city demanding that such ordinance be submitted to a vote of the electors, such charter ordinance shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon; and
WHEREAS, K.S.A. 12-4112, hereinafter referred to as the “Act,” is an enactment of the State legislature which is applicable to the City of Winchester, Kansas, hereinafter referred to as the “City,” but not uniformly applicable to all cities; and
WHEREAS, the Act is not: 1) an enactment of the legislature of statewide concern applicable uniformly to all cities; 2) any other enactment of the legislature applicable to all cities; or 3) an enactment of the legislature prescribing limits of indebtedness; and
WHEREAS, the governing body of the City now wishes to exempt itself from the Act and to adopt certain substitute provisions to the Act, which in accordance with the provisions of the Constitution, may be accomplished only upon the adoption of a charter ordinance.
NOW THEREFORE, BE IT ORDERED BY THE GOVERNING BODY OF THE CITY OF WINCHESTER, KANSAS THAT:
Section 1. The Governing Body of the City of Winchester, Kansas, by 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 and make inapplicable to it K.S.A. 12-4112, which applies to the City but does not apply uniformly to all cities.
Section 2. The following is hereby substituted for the provisions of K.S.A. 12-4112, as amended:
Costs. The Governing Body shall provide by ordinary ordinance for the assessment of costs for the administration of justice in any municipal court case, above and beyond those costs required by state statute.
(12-10-2013)