A CHARTER ORDINANCE EXEMPTING THE CITY OF DE SOTO, KANSAS FROM THE PROVISIONS OF K.S.A. 14-103, 14-109, 14-201, 14-204, 14-207, AND 14-440, RELATING TO THE DIVISION OF THE CITY INTO WARDS, ELECTIONS AND TERMS OF COUNCIL MEMBERS, ELECTIVE AND APPOINTIVE OFFICERS, AND ENGINEERING ESTIMATES, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DE SOTO:

SECTION 1. That the City of De Soto, Kansas, 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 and make inapplicable to it K.S.A. 14-103, 14-109, 14-201, 14-204, 14-207, and 14-440, which apply to this city, but are part of an enactment which does not apply uniformly to all cities.

SECTION 2. [AMENDED BY CHARTER ORDINANCE NOS. 25 and 27]

Governing Body. The mayor and five councilmembers shall constitute the governing body of the city and shall be elected for four year terms, or until their successors are qualified. The determination of when terms are up for election shall relate back to those members of the governing body elected in the year 1965 having a term that expired in 1969 and those members of the governing body elected in the year 1967 having a term that expired in 1971.

No person shall be eligible for the office of mayor or councilmember who is not at the time of election an actual resident of the city. If any member of the governing body no longer maintains their residence in the city during the term of their office, the office shall be deemed vacant.

SECTION 3. Vacancies. The council shall elect from its membership a president of the council. In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the councilmember becoming mayor. In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining councilmembers, shall appoint some suitable elector to fill the vacancy until the next election for that office. In case any person elected as a councilmember neglects or refuses to qualify within 30 days after his election, he shall be deemed to have refused to accept such office and a vacancy shall exist, and thereupon the mayor may, with the consent of the remaining councilmen, appoint some suitable elector to fill said vacancy.

SECTION 4. Meetings. Regular meetings of the council shall be held at such times as shall be prescribed by ordinance, but not less than once each month. Special meetings may be called by the mayor or acting mayor, on written request of any three members of the council, specifying the object and purpose of such meeting which shall be read at the meeting and recorded in the journal of minutes of the meetings of the council. In all cases it shall require four of the five councilmembers elect to constitute a quorum to do business; but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as the city council, by ordinance, may have previously prescribed.

SECTION 5. [AMENDED BY CHARTER ORDINANCE NO. 25]

Appointment and Removal of City Officers. The mayor shall appoint, by and with the consent of the council, a municipal judge, prosecutor, city attorney, city engineer, city administrator, city treasurer, fire chief, and assistant fire chief, and such other officers as the mayor and council deem necessary. All officers so appointed shall hold their offices for an indefinite term. However, unless an ordinance or written contract between the city and officer provides otherwise, all officers may be removed, with or without cause, upon a two-thirds vote of all members of the governing body.

SECTION 6. Residency of Officers. The officers elected pursuant to statute shall be qualified electors of said city. The removal from such city of any officer elected pursuant to statute shall occasion a vacancy in such office. All appointed officials or officers of the city shall be residents of the State of Kansas. Appointed officials or officers, by way of example, include, but are not limited to, the city administrator, the city treasurer, the city engineer, the city attorney, the prosecuting attorney, the municipal judge, the pro tempore municipal judge and law enforcement officers. Provided, however, that, notwithstanding the foregoing, if the official or officer is appointed to perform a service for the city involving a profession requiring the issuance of, and credentials for, a Kansas license to engage in such profession, and the officer or official holds such license and is in good standing with the issuer of such license, then nothing herein, including a residency requirement, shall prohibit the city from appointing such official or officer. In the event that any appointed officer or official does not meet the requirements of this Section, then a vacancy in the office shall be deemed to have occurred.

SECTION 7. Duties of City Administrator. The city administrator shall supervise the day-to-day operations of the city, including the offices of the city clerk and city finance officer, and the department of public works. Except as provided in this charter ordinance and subject to the limitations imposed by any other ordinance of the city, the city administrator shall be responsible for the hiring and the continued employment of all city employees. All department heads shall make regular reports to the city administrator and shall be ready at all times to furnish him or her with such information as he or she may require.

SECTION 8. Severability. If a court of competent jurisdiction should hold any section or part of this charter ordinance invalid, such holding shall not affect the remainder of this charter ordinance nor the context in which such section or part so held invalid may appear, except to the extent that an entire section or part may be inseparably connected in meaning and effect with that section or part. If a court of competent jurisdiction holds part of this charter ordinance invalid, or if a change in the constitution of the State of Kansas or in the statutes of Kansas or applicable federal law renders a part of this charter ordinance invalid or inapplicable, the governing body may take such appropriate action as will enable the city government to function properly.

SECTION 9. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

SECTION 10. Existing Charter Ordinance 22 is hereby repealed.

(03-07-2009; Amended by C.O. No. 25 and C.O. No. 27)