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CHARTER ORDINANCE NO. 1 A CHARTER ORDINANCE EXEMPTING THE CITY OF INDEPENDENCE, KANSAS, FROM THE PROVISIONS OF K.S.A. 79-1952 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT AUTHORIZING AND LIMITING TAX LEVIES IN ANY ONE YEAR ON EACH DOLLAR OF ASSESSED TANGIBLE VALUATION AND PRESCRIBING AN AGGREGATE FOR ALL CITYWIDE TAX LEVIES. Charter Ordinance number 1 was repealed by Charter Ordinance number 5. CHARTER ORDINANCE NO. 2 A CHARTER ORDINANCE EXEMPTING THE CITY OF INDEPENDENCE, KANSAS, FROM THE PROVISIONS OF SECTION 12-1009 OF THE KANSAS STATUTES ANNOTATED RELATING TO MEETINGS OF THE BOARD OF COMMISSIONERS, THE CITY HAVING ADOPTED THE CITY MANAGER PLAN OF GOVERNMENT, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT. Charter Ordinance number 2 was repealed by Charter Ordinance number 4. CHARTER ORDINANCE NO. 3 A CHARTER ORDINANCE EXEMPTING THE CITY OF INDEPENDENCE, KANSAS, FROM CERTAIN PROVISIONS OF K.S.A. 12-681, RELATING TO THE AMOUNT OF BONDS WHICH MAY BE ISSUED IN ANY ONE YEAR PURSUANT TO K.S.A. 12-681. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF INDEPENDENCE, KANSAS: SECTION 1. The governing body of the City of Independence, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it that part of K.S.A. 12-681, pertaining to the amount of bonds that may be issued in any one year under the authority of said Section, as follows: "Provided, That the total amount of bonds issued for such improvements in any one year shall not exceed an amount equal to one-third of one percent of the assessed tangible valuation of such city, except that in such cities of the first class said amount shall not exceed one-half of one percent of said valuation." SECTION 2. The City of Independence, Kansas may issue bonds pursuant to the authority and for the purposes set forth in K.S.A. 12-681 in any amount it shall deem appropriate in any one year; except that, as provided in said K.S.A. 12-681, the bonds for such improvements shall not be outstanding at any one time in an amount in excess of one per cent (1%) of the assessed tangible valuation of the City. Said K.S.A. 12-681 shall continue to be applicable to the City of Independence, Kansas, except only as provided in Section 1 hereof. SECTION 3. This Ordinance shall be published once each week for two (2) consecutive weeks in the official city newspaper. SECTION 4. This is a Charter Ordinance and will take effect sixty (60) days after final publication hereof unless a sufficient petition for a referendum is filed and a referendum held on this Ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of the State of Kansas, in which case this Ordinance shall become effective if approved by a majority of the electors voting thereon. PASSED AND APPROVED by the City Commission of the City of Independence, Kansas, not less than two-thirds of the members elect voting in favor thereof, the 21st day of March, 1979.
CHARTER ORDINANCE NO. 4 A CHARTER ORDINANCE EXEMPTING THE CITY OF INDEPENDENCE, KANSAS, FROM THE PROVISIONS OF SECTION 12-1009 OF THE KANSAS STATUTES ANNOTATED RELATING TO MEETINGS OF THE BOARD OF COMMISSIONERS, THE CITY HAVING ADOPTED THE CITY-MANAGER PLAN OF GOVERNMENT, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT. Charter Ordinance number 4 was repealed by Charter Ordinance number VIII. CHARTER ORDINANCE NO. 5 A CHARTER ORDINANCE EXEMPTING THE CITY OF INDEPENDENCE, KANSAS, FROM K.S.A. 79-5011; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF INDEPENDENCE, KANSAS: SECTION 1. The City of Independence, 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 establishing an aggregate tax levy limitation applicable to this city but not applicable uniformly to all cities, and the legislature has not established classes of cities for the purpose of imposing aggregate limitations under said constitutional provision. SECTION 2. The Provisions of K.S.A. 79-5001 to 79-5016, inclusive, shall not apply to or limit the levy of taxes by the City of Independence 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) Public safety costs whether paid from a separate property tax levy fund of the City or from any other tax supported fund. 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 Independence, Kansas, levied under the provisions of K.S.A. 12-16,102, 13-1441, and K.S.A. 75-6110, or to any tax levies required for the payment of employer contributions to any pension and retirement program, or to any other taxes authorized by state law to be levied in addition to or exempt from the aggregate levy limitations of the City of Independence. 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 Independence, Kansas, is hereby authorized to levy a tax for the purpose of paying public safety costs. As used in this Charter Ordinance, "public safety costs" shall mean the City's cost for salaries, equipment, commodities, and services necessary for the provision of police and fire protection, and emergency medical services. SECTION 5: Any revenue derived from the motor vehicle and motor fuel taxes shall be budgeted to the credit of the highways department of the general operating fund and shall be used exclusively for the purposes for which received. SECTION 6: Charter Ordinance No. 1 is hereby repealed. SECTION 7: This charter ordinance shall be published once each week for two (2) consecutive weeks in the official city newspaper. SECTION 8: This is a charter ordinance and shall take effect sixty-one (61) days after its 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 Kansas, in which case the ordinance shall become effective if approved by the 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 25th day of January, 1980.
CHARTER ORDINANCE NO. 6 A CHARTER ORDINANCE EXEMPTING THE CITY OF INDEPENDENCE, KANSAS, FROM THE PROVISIONS OF THE 1978 SUPPLEMENTS TO KANSAS STATUTES ANNOTATED 75-1117, 75-1120, 75-1121 AND 75-1122, SO AS TO NOT REQUIRE SAID CITY TO MAINTAIN FIXED ASSET RECORDS AND ACCOUNTINGS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF INDEPENDENCE, KANSAS: Section 1. That the City of Independence, Kansas, a city of the second class, who and 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 itself and does hereby exempt itself from the provisions of K.S.A. 75-1117, 75-1120, 75-1121 and 75-1122 as amended by the 1978 supplements thereto, and makes said statutes inapplicable to said city insofar as said statutes require the City of Independence, Kansas to maintain fixed asset records and accountings. Section 2. This ordinance shall be published once each week for two (2) consecutive weeks in the Independence Daily Reporter, the official city newspaper. Section 3. This is a charter Ordinance and shall take effect sixty-one (61) days after its final publication unless a sufficient petition for a referendum is filed 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 upon approval by a majority of electors voting at an election held on the ordinance.
PASSED by the Governing Body of the City of Independence, Kansas, by more than two-thirds
(
2/3
rds) of the members elect voting in favor thereof this 1st day of December 1980.
APPROVED by the Mayor of the City of Independence, Kansas, this 1st day of December 1980.
CHARTER ORDINANCE NO. VII A CHARTER ORDINANCE EXEMPTING THE CITY OF INDEPENDENCE, KANSAS, FROM THE PROVISIONS OF SECTION 12-1009 OF THE KANSAS STATUTES ANNOTATED RELATING TO MEETING OF THE BOARD OF COMMISSIONERS, THE CITY HAVING ADOPTED THE CITY MANAGER PLAN OF GOVERNMENT, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME SUBJECT. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF INDEPENDENCE, KANSAS: SECTION 1. The City of Independence, Kansas, under the authority of Article XII, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from, and to make inapplicable to it, Section 12-1009 of the Kansas Statutes Annotated, which applies to said 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. The Governing Body shall hold its regular meetings at nine-thirty a.m. every other Wednesday, the first such meeting to be held on July 22, 1987, provided that, whenever a regular meeting falls on a legal holiday, such meeting shall be held on the following Thursday. Regular meetings shall be held without notice to any Commissioner. SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the official city newspaper. SECTION 4. This Charter Ordinance shall take effect on July 15, 1987, unless sufficient petition for a referendum is filed as provided in Article XII, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective upon approval by a majority of the electors voting at an election held on the ordinance.
SECTION 5. Charter Ordinance No. 4 of the Code of the City of Independence is hereby
repealed.
PASSED By the Governing Body, not less than two-thirds of the members-elect voting in favor thereof, this 8th day of May, 1987.
Editor's note— Charter Ordinance number VII was repealed by Charter Ordinance number 12. CHARTER ORDINANCE NO. VIII A CHARTER ORDINANCE EXEMPTING THE CITY OF INDEPENDENCE, KANSAS, FROM THE PROVISIONS OF K.S.A. 79-1952, REGARDING THE MILL LEVY LIMITATION FOR LIBRARY PURPOSES AND PROVIDING A SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF INDEPENDENCE, KANSAS: Section 1. The City of Independence, Kansas, a City of the Second Class, hereby elects to exempt and exempts itself from and makes inapplicable to it, that portion of K.S.A. 79-1952 regarding a mill levy limitation for library purposes; said statute not being applicable uniformly to all cities for the purpose of imposing tax limitations and prohibitions. Section 2. The Governing Body of the City of Independence, Kansas, hereby provides the following substitute and additional provision to that portion of K.S.A. 79-1952 regarding mill levy limitation for library purposes: The Governing Body of the City of Independence, Kansas, does hereby authorize and empower the levy each year for library purposes at a rate not to exceed four (4.00) mills on each dollar of assessed tangible valuation of the said city. Section 3. This ordinance shall be published once each week for two consecutive weeks in the official city newspaper. Section 4. This is a charter ordinance and shall take effect sixty-one (61) days after the final publication, unless a sufficient petition for a referendum is filed and a referendum is 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. PASSED by the Governing Body, not less than two-thirds ( 2/3 rds) of the members-elect voting in favor thereof, on the 22nd day of June, 1988.
CHARTER ORDINANCE NO. 9 A CHARTER ORDINANCE OF THE CITY OF INDEPENDENCE, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-187, K.S.A. 12-189 AND K.S.A. 12-189c RELATING TO THE LEVYING AND COLLECTION OF LOCAL RETAILERS' SALES TAXES AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO, INCLUDING THE IMPOSITION OF A ONE-HALF PERCENT (.50%) CITYWIDE RETAILERS' SALES TAX (THE "WASTEWATER SALES TAX") FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF CONSTRUCTING A WASTEWATER TREATMENT FACILITY FOR THE CITY AND ALL NECESSARY IMPROVEMENTS APPURTENANT THERETO (THE "WASTEWATER IMPROVEMENTS"), SUCH WASTEWATER SALES TAX TO EXPIRE TEN YEARS AFTER ITS COMMENCEMENT OR UPON THE PAYMENT OF ALL COSTS INCURRED IN CONSTRUCTING AND FINANCING THE WASTEWATER IMPROVEMENTS, WHICHEVER IS EARLIER; AND AUTHORIZING AND PROVIDING FOR THE CALLING OF A SPECIAL QUESTION ELECTION IN THE CITY FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY THE QUESTION OF WHETHER SUCH CHARTER ORDINANCE SHALL TAKE EFFECT. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF INDEPENDENCE, KANSAS: SECTION 1. Exemption-K.S.A. 12-187. The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it, the provisions of K.S.A. 12-187 and does hereby provide the following substitute and additional provisions in place thereof: Citywide retailers' sales taxes; procedure for imposition; election required; rate; use of revenue. (a) The City may impose a retailers' sales tax under the provisions of K.S.A. 12-187 et seq. and this Charter Ordinance, provided that the Governing Body must first submit such proposition to and such proposition must receive the approval of a majority of the electors of the City voting thereon at an election called and held therefor. The Governing Body may submit the question of imposing a retailers' sales tax and the Governing Body shall be required to submit the question upon submission of a petition signed by electors of the City equal in number to not less than 10% of the electors of the City. (b) Notwithstanding the election requirements of subsections (a) and (d) of this Section 1, the City may impose, without the necessity of an election, a one-half percent (.50%) City-wide retailers' sales tax (the "Wastewater Sales Tax") for the purpose of financing all or a portion of the costs of constructing a wastewater treatment facility for the City and all other necessary improvements appurtenant thereto (the "Wastewater Improvements"), including the payment of debt obligations incurred by the City in the financing thereof, with the balance of such costs to be paid from revenues derived from the operation of the City's wastewater collection and treatment system. The collection of such Wastewater Sales Tax shall commence as early as possible in 2001 and shall expire ten years after its commencement, or upon the payment of all costs incurred in constructing and financing of the Wastewater Improvements, whichever is earlier. (c) The City (i) shall have the same power to levy and collect a city retailers' sales tax that a class A city is authorized to levy and collect under K.S.A. 12-189, in effect as of the date of this Charter Ordinance, and (ii) may submit to the City electors the question of imposing an additional City retailers' sales tax in the amount of .25%, .5%, .75%, 1%, 1.25% or 1.5%. The City may apply the revenue received from such sales taxes for such purposes as permitted by the election authorizing such sales taxes, except that the revenue received from the Wastewater Sales Tax shall be applied for the purposes described in subsection (b) of this Section 1. (d) The City, when proposing to adopt a retailers' sales tax pursuant to subsection (a) of this Section 1, shall give notice of its intention to submit such proposition for approval by the electors in the manner required by K.S.A. 10-120, and amendments thereto. The notices shall state the time of the election and the rate and effective date of the proposed tax. If a majority of the electors voting thereon at such election fail to approve the proposition, such proposition may be resubmitted under the conditions and in the manner provided in this act for submission of the proposition. If a majority of the electors voting thereon at such election shall approve the levying of such tax, such tax shall be implemented in accordance with subsection (g) of this Section 1. (e) The sufficiency of the number of signers of any petition filed under this Section 1 shall be determined by the county election officer. Every election held under this act shall be conducted by the county election officer. (f) The Governing Body, when proposing to levy any retailers' sales tax, other than the Wastewater Sales Tax, shall specify the purpose or purposes for which the revenue would be used, and a statement generally describing such purpose or purposes shall be included as a part of any ballot proposition relating to such sales tax. (g) The Governing Body shall provide by ordinance for the levy of any sales tax. Any repeal of such tax or any reduction or increase in the rate thereof, within the limits prescribed by this Charter Ordinance, and amendments thereto, shall be accomplished in the manner provided herein and in K.S.A. 12-187 et seq. for the adoption and approval of such tax except that the repeal of any such City retailers' sales tax may be accomplished by the adoption of an ordinance so providing. SECTION 2. Exemption-K.S.A. 12-189 and K.S.A. 12-189c. The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-189 and K.S.A. 12-189c and does hereby provide substitute and additional provisions in place thereof as follows: Same; rates; administration and collection by state; refunds; remittance to city; monthly reports. The aggregate rate of City retailers' sales taxes shall be fixed in the amount of .25%, .5%, .75%, 1%, 1.25%, 1.5%, 1.75%, 2%, 2.25% or 2.5%, which amount shall be determined by the Governing Body. The City is hereby prohibited from administering or collecting any City retailers' sales tax locally, but shall utilize the services of the state department of revenue to administer, enforce and collect such tax. Except as otherwise specifically provided in K.S.A. 12-189a, and amendments thereto, such tax shall be identical in its application, and exemptions therefrom, to the Kansas retailers' sales tax act and all laws and administrative rules and regulations of the state department of revenue relating to the Kansas retailers' sales tax shall apply to such local sales tax insofar as such laws and rules and regulations may be made applicable. The state director of taxation shall administer, enforce and collect such local sales taxes and shall adopt such rules and regulations as may be necessary for the efficient and effective administration and enforcement thereof. Upon receipt of a certified copy of an ordinance authorizing the levy of a City retailers' sales tax, the state director of taxation shall cause such taxes to be collected within or without the boundaries of the City at the same time and in the same manner provided for the collection of the state retailers' sales tax. All moneys collected by the director of taxation under the provisions of this section shall be credited to the City retailers' sales tax fund which fund has been established in the state treasury. Any refund due on any City retailers' sales tax collected pursuant to K.S.A. 12-187 et seq. and this Charter Ordinance shall be paid out of the sales tax refund fund and reimbursed by the director of taxation from collections of City retailers' sales tax revenue. All retailers' sales tax revenue collected within the City pursuant to K.S.A. 12-187 et seq. and this Charter Ordinance shall be apportioned and remitted at least quarterly by the state treasurer, on instruction from the director of taxation, to the treasurer of the City. The director of taxation shall provide, upon request by the City Clerk or City Treasurer, a monthly report identifying each retailer having a place of business in the City and setting forth the amount of such tax remitted by each retailer during the preceding month. Such report shall be made available to the City Clerk or City Treasurer within a reasonable time after it has been requested from the director of taxation. The director of taxation shall be allowed to assess a reasonable fee for the issuance of such report. Information received by the City pursuant to this section shall be confidential, and it shall be unlawful for any officer or employee of the City to divulge any such information in any manner. Any violation of this paragraph by a City officer or employee is a class B misdemeanor, and such officer or employee shall be dismissed from office. SECTION 3. Calling of Election on Charter Ordinance. It is hereby authorized, ordered and directed pursuant to the Act and K.S.A. 10-120 that a special question election shall be and is hereby called to be held in the City on November 7, 2000, in conjunction with the general election to be held that date, at which time there shall be submitted to the qualified electors of the City the following proposition: Shall Charter Ordinance No. 9 of the City of Independence, Kansas, entitled: A CHARTER ORDINANCE OF THE CITY OF INDEPENDENCE, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-187, K.S.A. 12-189 AND K.S.A. 12-189c RELATING TO THE LEVYING AND COLLECTION OF LOCAL RETAILERS' SALES TAXES AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO, INCLUDING THE IMPOSITION OF A ONE-HALF PERCENT (.50%) CITYWIDE RETAILERS' SALES TAX (THE "WASTEWATER SALES TAX") FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF CONSTRUCTING A WASTEWATER TREATMENT FACILITY FOR THE CITY AND ALL NECESSARY IMPROVEMENTS APPURTENANT THERETO (THE "WASTEWATER IMPROVEMENTS"), SUCH WASTEWATER SALES TAX TO EXPIRE TEN YEARS AFTER ITS COMMENCEMENT OR UPON THE PAYMENT OF ALL COSTS INCURRED IN CONSTRUCTING AND FINANCING THE WASTEWATER IMPROVEMENTS, WHICHEVER IS EARLIER; AND AUTHORIZING AND PROVIDING FOR THE CALLING OF A SPECIAL QUESTION ELECTION IN THE CITY FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY THE QUESTION OF WHETHER SUCH CHARTER ORDINANCE SHALL TAKE EFFECT take effect? SECTION 4. Special Question Election Procedures. Such election shall be conducted in the same manner as elections for City officers and by the officers handling such elections and the vote at said election shall be by ballot, and the proposition stated above shall be printed on the ballot, together with voting instructions as provided by law. The City Clerk shall cause the Montgomery County election officer to give notice of the election as provided by law by publishing a Notice of Special Question Election once each week for two (2) consecutive weeks in a newspaper of general circulation in the City, with the first publication to be not less than twenty-one (21) days prior to the date of the election, and the last publication being not more than ninety (90) days prior to the date of the election. SECTION 5. Effective Date. The City Clerk is directed to cause this Charter Ordinance to be published once each week for three consecutive weeks in the official City newspaper and this Charter Ordinance shall not be effective until approved by a majority of the electors voting on the proposition hereinbefore set forth. PASSED by the governing body, and SIGNED by the Mayor of the City of Independence, Kansas, on September 14, 2000.
CERTIFICATE I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said Ordinance was passed on September 14, 2000; that the record of the final vote on its passage is found on page _______ of journal _______; and that it was published in the Independence Daily Reporter once a week for three consecutive weeks, commencing on September 21, 2000. DATED: October 6, 2000.
CHARTER ORDINANCE NO. 10 A CHARTER ORDINANCE EXEMPTING THE CITY OF INDEPENDENCE, KANSAS FROM THE PROVISIONS OF KSA 12-4112 RELATING TO THE ASSESSMENT OF COURT COSTS IN MUNICIPAL COURT, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT Now therefore, be it ordained by the Governing Body of the City of Independence, Kansas: Section 1. The City of Independence, by virtue of the power vested in it by Article XII, Section V, of the Kansas Constitution, hereby elects to and does exempt itself and make inapplicable to it, KSA 12-4112 which applies to this City, but is part of an enactment which does not apply uniformly to all cities. Section 2. Court costs may be assessed against the accused person for the administration of justice in any municipal court case where the accused person pleads guilty or nolo contendere or is found guilty. Costs shall be assessed as provided by ordinary City ordinance and, in addition thereto, the municipal judge may assess witness fees and mileage as set forth in KSA 12-4411. Section 3. If it appears to the municipal court that prosecution was instituted without probable cause and from malicious motives, the Court may require the complaining witness or other person instituting the prosecution to appear and answer concerning his or her motives for instituting the prosecution. If upon hearing, the Court determines that the prosecution was instituted without probable cause and from malicious motives, all costs in the case shall be assessed against the complaining witness or other person initiating the prosecution. Section 4. This charter ordinance shall be published once each week for two consecutive weeks in the official City newspaper. Section 5. This is a charter ordinance and shall take effect 61 days after final publication, unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article XII, Section V, (c)(3), of the Kansas Constitution, in which case the ordinance shall become effective if approved by the majority of the electors voting thereon. Adopted by the Governing Body of the City of Independence, Kansas, on the 29 th day of April, 2010.
ATTEST:
CHARTER ORDINANCE NO. 11 A CHARTER ORDINANCE EXEMPTING THE CITY OF INDEPENDENCE, 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. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF INDEPENDENCE, KANSAS, AS FOLLOWS: 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 has filed with the Governing Body a master capital improvements plan (the "Plan") for the physical development of the City within the boundaries of the City, including the acquisition of land necessary therefore, the acquisition of equipment, vehicles or other personal property to be used in relation thereto, and may provide for assumption and payment of benefit district indebtedness heretofore created for public improvements, and which Plan may require a number of years to execute, and such Plan is 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. Such resolution may contain a provision that the issuance of the Bonds be subject to: (a) publication of the resolution one time in the official City newspaper; (b) publication of the resolution one time in the official City newspaper, and 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 10% 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; or (c) approval by a majority of the electors of the City voting on such question at a special election called for that purpose or at the next general election. If no such written protest is filed pursuant to subsection (b), 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. SECTION 4. Severability. If 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 5. 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 be submitted to a vote of the electors, in which event this Charter Ordinance shall take effect when approved by a majority of the electors voting at an election held for such purpose. PASSED with at least a two-thirds (2/3) vote of the entire Governing Body of the City of Independence, Kansas, on May 23, 2013, and SIGNED by the Mayor.
CERTIFICATE I hereby certify that the above and foregoing is a true and correct copy of Charter Ordinance No. 11 of the City of Independence, Kansas, adopted by the governing body on May 23, 2013, as the same appears of record in my office. DATED: May 23, 2013.
CHARTER ORDINANCE NO. 12
Now therefore, be it ordained by the Governing Body of the City of Independence, Kansas: Section 1. Charter Ordinance No. 7 is hereby repealed. Section 2. This Ordinance shall be published once per week for two consecutive weeks in the official City newspaper and shall thereafter be effective 61 days after the date of final publication unless a sufficient petition for referendum is filed according to law. Adopted by the Governing Body of the City of Independence, Kansas, by not less than two-thirds of the members elect voting in favor thereof on this 8 day of July, 2013.
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