A CHARTER ORDINANCE OF THE CITY OF OZAWKIE, KANSAS AMENDING CHARTER ORDINANCE NO. 3 WHICH EXEMPTED THE CITY FROM THE PROVISIONS OF K.S.A. 12-4112 AND PROVIDED FOR 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 OZAWKIE, 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, on or about February 8, 1988 the City of Ozawkie, pursuant to Charter Ordinance No. 3, exempted itself from the provisions of K.S.A. 12-4112 which allowed the City to establish its own court costs; and
WHEREAS, a Charter Ordinance can only be amended by subsequent Charter Ordinance; and
WHEREAS, the governing body of the City now wishes to amend the language of Charter Ordinance No. 3 which established a flat fee for court costs to allow those costs to be established by ordinance, and such action may be accomplished only upon the adoption of a Charter Ordinance.
NOW THEREFORE, BE IT ORDERED BY THE GOVERNING BODY OF THE CITY OF OZAWKIE, KANSAS THAT:
Section 1. The Governing Body of the City of Ozawkie, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby amends Charter Ordinance No 3. as follows:
Section 2. Section 2 of Charter Ordinance No. 3 of the City of Ozawkie, Kanas is hereby amended as follows:
Section 2. 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.
(02-20-2017)