A CHARTER ORDINANCE THAT REPEALS CHARTER ORDINANCE NO. 29-19 AND MAKES INAPPLICABLE TO THE CITY OF MAIZE, KANSAS, ALL OF THE LAWS CONTAINED IN K.S.A. CHAPTER 14 – CITIES OF THE SECOND CLASS; WHICH LAWS APPLY TO THE CITY OF MAIZE, KANSAS BUT DO NOT APPLY UNIFORMLY TO ALL CITIES IN KANSAS. IN ADDITION, THIS CHARTER ORDINANCE PROVIDES SUBSTITUTE AND ADDITIONAL PROVISIONS TO THE ABOVE-CITED LAWS.
BE IT ORDAINED BY THE CITY OF MAIZE, KANSAS:
Section 1. The City of Maize, Kansas (the “City”) by powers vested in the City by Article 12, Section 5 of the Constitution of the State of Kansas, elect to exempt and make unapplicable to the City the laws contained in K.S.A. Chapter 14-Cities of the Second Class., which laws apply to the City of Maize, Kansas but do not apply uniformly to all cities in Kansas. The following contains substitute and additional provisions to laws contained K.S.A. Chapter 14.
Section 2. Effective on the effective date of this charter ordinance, the City declares that the City has a current population of between 2,000 and 15,000 and is a city of the second class.
Section 3. The City will continue to operate under the Mayor/Council form of government established by Charter Ordinance No. 28-16.
Section 4 Four Council members must be present to constitute a quorum to do City business. A majority of a quorum necessary to pass or reject any item of business consists of three Council members or consists of two City Council members and the Mayor when the Mayor casts a tiebreaker vote.
Section 5. The Mayor, with the consent of the City Council, will appoint the City Attorney and the Municipal Court Judge, who will be at-will employees and will serve at the pleasure of the City Council.
Section 6. The Mayor, with the consent of the City Council, will appoint members of City boards, such as the Planning Commission, unless appointment to a City Board is addressed otherwise in a state statute or city ordinances or charter ordinances.
Section 7. The Mayor and City Council members must always be qualified electors of the City when they hold office and when they file to run for office. The Mayor will be elected at large. City Council members will be elected at large in elections at which all electors vote on all City Council candidates who are on the ballot.
Section 8. The Mayor serves as the spokesperson for the City. The Mayor presides at all meetings of the Governing Body and has a tie-breaking vote when the City Council is equally divided and when the Mayor’s vote is part of a majority of a quorum. The Mayor casts a vote when the governing body is considering the adoption of a charter ordinance. The Mayor votes when the Governing Body is considering entering into or amending the City Manager’s employment agreement. The City is a council city, and the Mayor has the power to sign or veto ordinances under authority set in K.S.A. 12-3003 and the City Council has authority to override a Mayor’s veto under authority of K.S.A. 12-3003.
Section 9. The position of City Manager has been established. The City Council, and the Mayor, by majority vote of the City Council and the Mayor will appoint the City Manager who will be an at-will employee and will hold office at the pleasure of the City Council plus the Mayor. The City Manager will be selected based upon administrative ability and professional competence. The City Manager will appoint, promote, transfer, assign, demote, discipline, reduce in force (lay off), suspend, discharge, or remove department heads and subordinate employees of the City, except for the City Attorney and the Municipal Court Judge. The City Manager will perform other job functions as required by federal and state laws and regulations and as required by City ordinances.
Section 10.
(a) The members of the Governing Body and the City Manager will observe the relationship and the respective authority of each as provided by statute, charter and city ordinances and Governing Body rules and procedures. The Governing Body will function as a policy-making body, except as specifically provided by statute and charter and City ordinances; and the City Manager will function as the administrative head of the City. The Governing Body will delegate to the City Manager all administrative duties not specifically required by law to be performed by the Governing Body. Individual members of the Governing Body will not interfere with the operation of any municipal department. Instructions and directions to the City Manager will be given by a majority of a quorum of the City Council or the Governing Body if the Mayor’s vote is a tiebreaker.
(b) The City
Manager will function as the administrative head of the City and in such
capacity will direct the affairs of the City within the limits of the budget,
the policies established by the Governing Body and the requirements of
statutes, charter ordinances and city ordinances. The City Manager will prepare
agendas and will attend all meetings of the Governing Body unless excused by
the Mayor. The City Manager will prepare and submit the annual budget to the
Governing Body, will keep the Governing Body advised as to the financial
condition and requirements of the City and will make recommendations to the
Governing Body on all matters concerning the welfare of the City. The City
Manager will have no vote in the public meetings of the Governing Body and will
refrain from attempting to establish policy except as he or she makes
recommendations to the Governing Body as a whole. The City Manager will conduct
himself or herself to observe the highest standard of ethics of the City
Manager profession. The City Manager will advise the council on all matters
pertaining to the affairs of the City. The City Manager will see that laws and
ordinances are enforced.
(c) The City
Manager has authority to enter contracts, agreements and make purchases when
the sum does not exceed $25,000.00 The City Manager, when entering contracts,
agreements, and making purchases must
comply with the City’s purchasing policies. Department Heads have authority to
enter contracts, agreements and make purchases that do not exceed $5,000.00,
when the City Manager is not available to approve the expenditure and when the
purchase must be made immediately.
Section 11. Charter Ordinance 29-19 is repealed.
Section 12. Publication. This charter ordinance will be published once each week for two (2) consecutive weeks in the official city newspaper.
Section 13. Effective Date. This charter ordinance takes effect, on January 1st, 2024, unless sixty-one (61) days after final publication a sufficient petition for referendum is filed requiring a referendum be held on the charter ordinance, as provided at Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case the ordinance will become effective on January 1st 2024, if it is approved by a majority of the electors voting thereon or on the date it is approved by a majority of the electors voting thereon, whichever date comes last.
(6-29-2023)