APPENDIX A - CHARTER ORDINANCES

NOTE: The charter ordinances included herein are for information only. Each of them contains the substance as adopted by the governing body but enacting clauses, publication clauses and signatures have been omitted to conserve space. Complete copies of each charter ordinance as adopted are on file in the office of the city clerk and with the Kansas secretary of state. Date of passage by the governing body of each charter ordinance is shown in parentheses at the end of the text.

CHARTER ORDINANCE NO. 1

CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM SECTION 15-731 OF THE GENERAL STATUTES SUPPLEMENT OF 1961, RELATING TO THE ISSUANCE OF BONDS TO PAY THE COSTS OF CERTAIN STREET AND HIGHWAY IMPROVEMENTS BY CITIES OF THE THIRD CLASS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

(04-08-63)

CHARTER ORDINANCE NO.2

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS FROM THE PROVISIONS OF SECTIONS 7, 8 AND 44 CHAPTER 274, SESSIONS LAWS OF 1968, (NOW K.S.A. 25-2107, 25-2108 & 15-201) AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT CONCERNING ELECTIONS, DATES OF CITY ELECTIONS, TERMS OF OFFICE, QUALIFICATION, AND MATTERS RELATED THERETO.

This Charter Ordinance was passed on July 24, 1972, as shown by the Record of Proceedings of the Governing Body, page 296, by a vote of 5 for and 0 against, but not being less than two-thirds of the members-elect of the governing body, published in the Tonganoxie Mirror, the official city newspaper, on July27 and August 3, 1972, being once each week for two consecutive weeks. A petition of protest containing 160 signatures being filed demanding that it be submitted to a vote, the Ordinance was submitted to a vote on November 7, 1972 and failed to carry.

CHARTER ORDINANCE NO.3

CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM THE PROVISIONS OF SECTIONS 7, 8 AND 44 CHAPTER 274, SESSION LAWS OF 1968, (NOW K.S.A. 25-2107, 25-2108, & 15-201) AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT MATTER CONCERNING ELECTIONS, TERMS OF OFFICE, QUALIFICATION, AND MATTERS RELATED THERETO.

Section 1. The City of Tonganoxie, Kansas, by the power invested 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 Sections 7, 8 and 44 of Chapter 274, Session Laws of 1968, (now K.S.A. 25-2107, 25-2108, & 15-201) and provide substitute and additional provisions as hereinafter set forth in this ordinance.

Section 2. The general election of city officers shall be held on the first Tuesday in April of each odd numbers year and the terms of city officers shall be four years. There shall be no primary election for city officers.

Section 3. In April, 1975 and every four years thereafter in the City of Tonganoxie there shall be elected a mayor and two councilmen. In April, 1977 and every four years thereafter there shall be elected three councilmen. All such elected councilmen and mayors shall hold their offices for four years and until there successors are elected and qualified. Elected officials in office at the time of passage of this ordinance shall be continued in office for the unexpired term for which they were elected. Provided that all councilmen shall be elected in April, 1975, as follows:

The two councilmen receiving the highest vote total in April, 1975, shall hold their office for four years and the three councilmen receiving the next highest votes in April, 1975, shall hold their offices for two years.

Section 4. The mayor shall appoint by and with the consent of the council, a municipal judge of the municipal court, a municipal judge pro tern, a city marshal, chief of police, a city clerk, a city treasurer, a city attorney, and may appoint policemen and such other officers as they deem necessary. Officers so appointed and confirmed shall hold their offices for a term of one year and until their successors are appointed and qualified. The council shall by ordinance specify their duties and compensation and by ordinance may abolish any office created by them whenever they deem it expedient.

(01-13-75)

CHARTER ORDINANCE NO.4

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM THE PROVISIONS OF THE 1978 SUPPLEMENTS TO THE KANSAS STATUTES ANNOTATED 75-1117, 75-1120, 75-1121, 75-1122, SO AS TO NOT REQUIRE SAID CITY TO MAINTAIN FIXED ASSET RECORDS AND ACCOUNTINGS.

(04-14-80)

CHARTER ORDINANCE NO. 5

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM K.S.A. 79-5011; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND AUTHORIZING THE LEVYING OF

TAXES TO CREATE A SPECIAL FUND FOR THE PURPOSE OF PAYING EMPLOYEE BENEFIT COSTS.

Section 1. The City of Tonganoxie, Kansas, by the power invested 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 applicable to the city but not applicable uniformly to all cities.

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 Tonganoxie for payment of: Employee Benefit Costs.

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 Tonganoxie, levied under 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 limitation of the City of Tonganoxie.

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 Tonganoxie is hereby authorized to levy a tax for the purpose of paying the city’s share of employee benefits costs. As used in this charter ordinance, "employee benefits costs" shall include payments made by the city for employee benefits, exclusive of any salary, wages, or other direct payments to such employees, as may be prescribed by ordinance of the governing body.

(12-10-84)

CHARTER ORDINANCE NO. 6

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS FROM THE PROVISIONS OF SECTION 13, CHAPTER 90, SESSION LAWS OF 1967 (NOW K.S.A. 15-209) AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT CONCERNING QUALIFICATION OF OFFICERS AND MATTERS RELATED THERETO.

(Repealed by C.O. No. 29)

CHARTER ORDINANCE NO. 7

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS FROM THE PROVISIONS OF K.S.A. 12-4112 AND ANY AMENDMENTS THERETO, SHALL NOT APPLY TO THE CITY OF TONGANOXIE, KANSAS AND EXEMPTING THE CITY OF TONGANOXIE, KANSAS THEREFROM, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; PROVIDING FOR THE AUTHORIZATION FOR THE ASSESSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL COURT OF THE CITY OF TONGANOXIE, KANSAS.

(Repealed by C.O. No. 10)

CHARTER ORDINANCE NO. 7(A)

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS FROM THE PROVISIONS OF K.S.A. 15-104 AS IT RELATES TO TAX LEVIES FOR TOWNSHIPS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

Section 1. The City of Tonganoxie, 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 exempt itself from, and makes inapplicable to itself, the provisions of K.S.A. 15-104 as it relates to tax levies for townships and to provide substitute provisions as hereinafter set forth by this ordinance. Referenced provisions are enactments, which are applicable to the City of Tonganoxie but are not uniformly applicable to all cities.

Section 2. The City of Tonganoxie, its citizens and the property lying within its boundaries, is hereby exempt and shall not be subject to any tax levy for any township.

Section 3. The City of Tonganoxie shall otherwise remain a part of the corporate limits of Tonganoxie Township.

(06-22-92)

CHARTER ORDINANCE NO.8

A CHARTER ORDINANCE PLEDGING THE GENERAL PURPOSE FOR THE FUTURE USE OF THE REVENUES TO BE RECEIVED BY THE CITY OF TONGANOXIE FROM THE ONE PERCENT COUNTY WIDE SALES TAX IF THE SAME IS APPROVED BY THE VOTERS.

(Repealed by C.O. No. 11)

CHARTER ORDINANCE NO. 9

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM PROVISIONS OF K.S.A. 79-1953, AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT AND AUTHORIZING AND LIMITING THE LEVY IN ANY ONE YEAR ON EACH DOLLAR OF ASSESSED TANGIBLE VALUATION FOR THE LIBRARY FUND.

Section 1. In accordance with the authority granted to cities by K.S.A. 795036(a), as amended and Article 12, Section 5 of the constitution of the State of Kansas, hereby elects to exempt itself from and to make applicable to the City of Tonganoxie, the provisions of K.S.A. 79-1953 as it concerns libraries as set forth in this ordinance. The provisions of the above-mentioned statute apply to the City of Tonganoxie, but does not apply uniformly to all cities.

Section 2. The governing body of the City of Tonganoxie is hereby authorized and empowered to levy taxes in each year for the general fund and other city purposes. Said purposes shall include all of the operations of the city library except as limited by the provisions of Section 3 of this ordinance. The governing body may levy an amount necessary to meet the requirements of its adopted budget.

Section 3. The rate of levy in any one year for library purposes shall not exceed 5.95 mills.

(10-13-97)

CHARTER ORDINANCE NO. 10

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4112 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE ASSESSMENT PROVISIONS ON THE SAME SUBJECT RELATING TO THE ASSESSMENT OF COSTS IN THE MUNICIPAL COURT AND REPEALING CHARTER ORDINANCE NO. 7 OF THE CITY OF TONGANOXIE, KANSAS.

Section 1. The City of Tonganoxie, 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 and make inapplicable to it the provisions of K.S.A. 12-4112 and to provide for substitute and additional provisions.

Section 2. In lieu of the provisions of K.S.A. 12-4112 the governing body of the City of Tonganoxie hereby adopts the following provisions.

"Every person entering a plea of guilty or no contest or found guilty of a violation of the ordinances of the City of Tonganoxie shall be assessed costs for the administration of justice in the municipal court of the City of Tonganoxie in an amount as set by Ordinance."

Section 3. Charter Ordinance No. 7 is hereby repealed.

(06-22-98)

CHARTER ORDINANCE NO. 11

A CHARTER ORDINANCE PLEDGING THE GENERAL PURPOSE FOR THE FUTURE USE OF THE REVENUES TO BE RECEIVED BY THE CITY OF TONGANOXIE FROM THE ONE PERCENT COUNTYWIDE SALES TAX AND REPEALING CHARTER ORDINANCE NO. 8.

Section 1. That the general purposes for the future use of the city’s share of the 10 year county-wide sales tax is pledged as follows:

(a) The city shall, from its share of the one percent citywide sales tax, annually remit to Leavenworth County Treasurer an amount prorated in conjunction with the incorporated cities of Leavenworth County an amount sufficient to pay the principal and interest on general obligation bonds issued by the county to finance the judicial center, said bond to be amortize over 10 years an not to exceed $21,700,000 in principal amount.

(b) The city shall use a part of the sales tax revenue to finance capital improvement projects, facilities and the purchases of equipment.

(07-26-99)

CHARTER ORDINANCE NO. 12

A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 6 OF THE CITY OF TONGANOXIE RELATED TO THE PROVISIONS OF SECTION 13, CHAPTER 90, SESSION LAWS OF 1967 (NOW K.S.A. 15-209).

Section 1. That line 6 of Section 2 of Charter Ordinance No. 6 is hereby amended by inserting the following:

The city clerk shall be a qualified elector of Leavenworth County or an adjoining county."

This charter ordinance was passed on January 8, 2001, by a vote of 5 for and 0 against, but not being less than two-thirds of the members-elect of the governing body, published in the Tonganoxie Mirror, the official city newspaper, on January 10 and January 17, 2001, being once each week for two consecutive weeks. A petition of protest containing more than the 42 signatures being filed demanding that it be submitted to a vote, the ordinance was submitted to a vote on May 22, 2001 and failed to carry.

CHARTER ORDINANCE NO. 13

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM ALL THE PROVISIONS OF K.S.A. 12-1696, RELATING TO DEFINITIONS PERTAINING TO TRANSIENT GUEST TAX; FROM THE PROVISIONS OF K.S.A. 12-1697 (a), RELATING TO THE LEVY OF TRANSIENT GUEST TAX; FROM THE PROVISIONS OF K.S.A. 12-1698 (e), RELATING TO CITY TRANSIENT GUEST TAX FUND; FROM ALL THE PROVISIONS OF K.S.A. 12-16,101, RELATING TO A COMMITTEE TO MAKE RECOMMENDATIONS FOR PROGRAMS AND EXPENDITURES; AND FROM ALL THE PROVISIONS OF K.S.A. 12-16,113, RELATING TO AN ANNUAL ACCOUNTING OF EXPENDITURES; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

Section 1. The City of Tonganoxie, Kansas, a city of the third class, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from all the provisions of K.S.A. 12-1696, which reads as follows:

As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein:

(a) Person means an individual, firm, partnership, corporation, joint venture or other association of persons;

(b) Hotel, motel or tourist court means any structure or building which contains rooms furnished for the purposes of providing lodging, which may or may not also provide meals, entertainment or various other personal services to transient guests, and which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient or permanent guests and having more than two bedrooms furnished for the accommodation of such guests;

(c) Transient guest means a person who occupies a room in a hotel, motel or tourist court for not more than 28 consecutive days;

(d) Business means any person engaged in the business of renting, leasing or letting living quarters, sleeping accommodations, rooms or a part thereof in connection with any motel, hotel or tourist court;

(e) Convention and tourism promotion means: (1) Activities to attract visitors into the community through marketing efforts, including advertising, directed to at least one of the five basic convention and tourism market segments consisting of group tours, pleasure travelers, association meetings and conventions, trade shows and corporate meetings and travel; and (2) support of those activities and organizations which encourage increased lodging facility occupancy;

(f) Accommodations broker means any business which maintains an inventory of two of more rooms in one or more locations which are offered for pay to a person or persons for not more than 28 consecutive days.

Section 2. The City of Tonganoxie, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions for those provisions exempted from in Section 1 above:

As used in this act, the following words and phrases have the meaning respectively ascribed to them herein:

(a) Person means an individual, firm, partnership, corporation, joint venture or other association of persons;

(b) Hotel, motel, or tourist court means any structure or building which contains rooms furnished for the purposes of providing lodging, which may or may not also provide meals, entertainment or various other personal services to transient guests, and which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient or permanent guests and having more than two bedrooms furnished for the accommodation of such guests;

(c) Transient guest means a person who occupies a room in a hotel, motel or tourist court for not more than 28 consecutive days;

(e) Economic development promotion means (1) activities to attract the location or relocation of business into the community through marketing efforts, including advertising; (2) activities designed to encourage retention and expansion of existing businesses in the community; and (3) convention and tourism promotion activities designed to attract visitors into the community through marketing efforts, including advertising, directed to at least one of the five basic convention and tourism market segments consisting of group tours, pleasure travelers, association meetings and conventions, trade shows and corporate meetings and travel and support of those activities and organizations which encourage increased lodging facility occupancy."

Section 3. The City of Tonganoxie, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from, and makes inapplicable to it, the provisions of K.S.A. 12-1697 (a), which reads as follows:

(a) In order to provide revenues to promote tourism and conventions, the governing body of any county or the governing body of any city is hereby authorized to levy a transient guest tax at not to exceed the rate of 2% upon the gross receipts derived from or paid by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel or tourist court.

The percentage of such tax shall be determined by the board of county commissioners or by the city governing body and shall be specified in the resolution or ordinance authorizing the same.’

Section 4. The City of Tonganoxie, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions for those provisions exempted from in Section 3 above:

(a) In order to provide revenues to promote economic development, tourism and conventions, the governing body is hereby authorized to levy a transient guest tax at not to exceed the rate of four percent upon the gross receipts derived from or paid by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel, or tourist court.

Section 5. The City of Tonganoxie, 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 the provisions of K.S.A. 12-1698 (e), which reads as follows:

(e) Except as otherwise provided in K.S.A. 12-1774, and amendments thereto, all such moneys received by the county or city treasurer from disbursements from the county or city transient guest tax fund shall be credited to the tourism and convention promotion fund of such county or city and shall only be expended for convention and tourism promotion.

Section 6. The City of Tonganoxie, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions for those provisions exempted from in Section 5, above:

(e) All such monies received by the city treasurer from disbursements from the city transient guest tax shall be credited to the Economic Development/Tourism Promotion Fund and shall only be expended for the following purposes:

1. Economic development promotion, including convention and tourism promotion, pursuant to the terms of an agreement or agreements approved by the Governing Body for economic development promotion services.

2. Revenues may be utilized for the operation, maintenance, expansion and development of city facilities connected with convention or tourism.

3. Revenue may be utilized to make payments for principal or interest for bonds issued to construct convention or community centers, parks, or recreation facilities that may be used in connection with conventions or tourism. Further, economic development purposes that may include purchase of property or infrastructure improvements for sale to business of improved property.

Revenues may be utilized to defray the cost of providing municipal services to convention and tourism functions, such as but not limited to police, fire or streets.

Section 7. The City of Tonganoxie, 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 and does exempt itself from, and makes inapplicable to it the provisions of K.S.A. 12-16,101, which reads as follows:

The governing body of any city or county which levies a transient guest tax pursuant to this act shall establish a convention and tourism committee to make recommendations concerning the programs and expenditures for promotion of conventions and tourism. Such board of county commissioners or city governing body shall appoint 10 members to such committee, a majority of which shall be representatives of businesses coming within the terms of this act. In appointing such members, the board of county commissioners or city governing body shall attempt to create a representative balance of large and small businesses and businesses from the various geographic areas of such county. The board of county commissioners or city governing body shall provide, by resolution, for the appointments and terms of service not to exceed four years for such members. The board of county commissioners or city governing body adopting such tax shall have the authority to contract for convention and tourism programs to be implemented.

Section 8. The City of Tonganoxie, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions for those provisions exempted from in Section 7 above:

(a) The governing body hereby establishes an Economic Development/Tourism Council to make recommendations concerning the programs and expenditures for economic development promotion. Such council shall be composed of the Mayor of Tonganoxie, or a duly authorized representative; the Tonganoxie City Administrator, or duly authorized representative; the President of the Tonganoxie Area Chamber of Commerce, who shall act as its secretary; and up to three additional members selected by the three named members and specifically approved by the governing body.

Section 9. The City of Tonganoxie, 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 the provisions of K.S.A. 12-16,113, which reads as follows:

Any entity to which funds which in the aggregate in any year exceed $25,000, are provided for convention and tourism promotion purposes from moneys received pursuant to K.S.A. 12-1693 or K.S.A. 12-1697, and amendments thereto, or pursuant to any charter ordinance or resolution which imposes a transient guest tax, shall provide for the separate accounting of the receipt and disbursement of such funds and shall provide to the city or county, as the case requires, an accounting of the receipt and expenditures of such funds in accordance with generally accepted accounting principles within 120 days after the end of the fiscal year of such entity. In the event no such accounting is provided within such time period, funds shall not be provided to the entity unless and until the accounting is provided.

Section 10. The City of Tonganoxie, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions for those provisions exempted from in Section 9, above:

The Tonganoxie Area Chamber of Commerce shall provide the separate accounting of the receipt and disbursement of all funds from the Economic Development/Tourism Promotion Fund, and shall provide to the city an accounting of the receipt and expenditures of such funds in accordance with generally accepted accounting principles unless exempted by statute within 120 days after the end of its fiscal year. In the event no such accounting is provided within such time period, funds shall not be provided until the accounting is provided.

(01-22-01)

CHARTER ORDINANCE NO. 14

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS FROM THE PROVISIONS OF K.S.A. 12-194; RELATING TO PROHIBITION OF CERTAIN EXCISE TAXES; AND PROVIDING A SUBSTITUTE AND ADDITIONAL PROVISION AUTHORIZING THE CITY OF TONGANOXIE, KANSAS TO LEVY AN EXCISE TAX ON THE ACT OF PLATTING REAL PROPERTY AND BUILDING IN THE CITY, TO GRANT CREDITS AGAINST EXCISE TAXES PAID ON THE ACT OF PLATTING REAL PROPERTY OR BUILDING PREVIOUSLY MADE FOR CERTAIN TRANSPORTATION IMPROVEMENTS, TO GRANT EXEMPTIONS, AND TO PLEDGE THE REVENUES THEREFROM FOR TRANSPORTATION IMPROVEMENTS TO THE CITY.

Section 1. The City of Tonganoxie, 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 the provisions of K.S.A. 12-194, which provisions read as follows:

No city or county shall levy or impose an excise tax or a tax in the nature of an excise, other than a retailers’ sales tax and a compensating use tax, upon the sale or transfer of personal or real property, or the use thereof, or the rendering of a service, but the provisions of this section shall not be construed as prohibiting any city from (a) contracting with a utility for a faxed charge based upon a percentage of gross receipts derived from the service permitted by grant, right, privilege or franchise to such utility; (b) imposing an occupational tax or license fee for the privilege of engaging in any business, trade, occupation or profession, or rendering or furnishing any service, but the determination of any such license fee shall not be based upon any amount the licensee has received from sale or transfer of personal or real property, or for the rendering or furnishing of a service, or on the income of the licensee; or (c) levying any occupation tax or license fee imposed by such city prior to the effective date of this act. No license fee described in subsection (b) of this section shall be imposed upon any utility contracting with and subject to a charge, described in subsection (a) of this section, by such city.

Such referenced provisions are either enactments or a part thereof, which are applicable to this city but are not uniformly applicable to all cities.

Section 2. The City of Tonganoxie, Kansas by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions in lieu of those provisions from which it is exempted pursuant to Section 1 above.

The City of Tonganoxie, Kansas, shall not levy or impose an excise tax or a tax in the nature of an excise, other than a retailers’ sales tax and a compensating use tax, upon the sale or transfer of personal or real property, or the use thereof, or the rendering of a service, but the provisions of this section shall not be construed as prohibiting the city from (a) contracting with a utility for a faxed charge based upon a percentage of gross receipts derived from the service permitted by grant, right, privilege or franchise to such utility; (b) imposing an occupational tax or license fee for the privilege of engaging in any business, trade, occupation or profession, or rendering or furnishing any service, but the determination of any such license fee shall not be based upon any amount the licensee has received from sale or transfer of personal or real property, or for the rendering or furnishing of a service, or on the income of the licensee; or (c) levying any occupation tax or license fee imposed by such city prior to the effective date of this ordinance; or (d) levying an excise tax on the act of platting real property in the city, granting credits against excise taxes paid on the act of platting real property in the city for contributions previously made for transportation improvements, granting exemptions, and pledging revenues therefrom for transportation improvements in the city.

(03-12-01)

CHARTER ORDINANCE NO. 15

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM THE PROVISIONS OF K.S.A. 41-712 PROHIBITING ALCOHOLIC LIQUOR SALE ON SUNDAY, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT ALLOWING ALCOHOLIC LIQUOR SALES ON SUNDAY AND CERTAIN HOLIDAYS.

Section 1. The City of Tonganoxie, Kansas, by 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. 41-712, which applies to this city but is part of the enactment commonly known as the Kansas Liquor Control Act, as enacted in Chapter 242 of the Session Laws of 1949, which applies to this city but does not apply uniformly to all cities.

Section 2. The following is hereby substituted for the provisions of K.S.A. 41-712, as amended:

Sale at retail: forbidden on certain days: hours of sale, exception. No person shall sell at retail any alcoholic liquor: (1) on Easter Day, Thanksgiving Day, Christmas Day; or (2) before 9:00 a.m. or after 11:00 p.m. Monday through Saturday; or (3) before 11:00 a.m. or after 7:00 p.m. on Sunday.

(9-8-2003)

*This charter ordinance was passed on September 8, 2003, by a vote of 5 for and 0 against, but not being less than 2/3 of the members elect of the governing body, published in the Tonganoxie Mirror, the official city newspaper, on September 17, 2003, and September 24, 2003, being once each week for two consecutive weeks. A Petition of Protest was received containing sufficient signatures to protest the ordinance and demanding that such ordinance be submitted to a vote of the electors of Tonganoxie City. At their December 8, 2003, meeting, the city council unanimously agreed that it was a consensus of the council to not proceed with the charter ordinance by having a special election and allow the ordinance to die as allowed by law.

CHARTER ORDINANCE NO. 16

A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 3 OF THE CITY OF TONGANOXIE RELATED TO APPOINTMENT OF CITY OFFICERS BY ELIMINATING THE APPOINTMENT OF POLICE OFFICER POSITIONS BY THE MAYOR AND PROVIDING SAID POSITIONS AS EMPLOYEES.

Section 1. The City of Tonganoxie, 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 such part of K.S.A. 15-204 which directs the appointment of law enforcement officers by the Mayor with the consent of the council, which applies to this city as enacted in 1871, which enactment applies to this city but does not apply uniformly to all cities.

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TONGANOXIE, KANSAS:

Section 1. That Section 4 of Charter Ordinance No. 3 is hereby amended to read as follows:

SECTION 4: The Mayor, by and with the consent of the council, may appoint the following city officers, to-wit: a police chief, a municipal judge of the municipal court, city clerk, a treasurer, a city attorney, and other such officers as deemed necessary by the governing body. Officers so appointed and confirmed shall hold their offices for a term of one (1) year and until their successors are appointed and qualified.

SECTION 4a: Full time, part time and reserve Police Officers shall hereinafter be hired by the governing body upon the recommendation of the Police Chief and the City Administrator.

CHARTER ORDINANCE NO. 17

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM PROVISIONS OF K.S.A. 15-106, AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT.

Section 1: Exemption. The City of Tonganoxie, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to do and does exempt itself and make inapplicable to it K.S.A. 15-106 which applies to this city but does not apply uniformly to all cities.

Section 2: Regular and Special Meeting. 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 shall 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 council members 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.

CHARTER ORDINANCE NO. 18

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-1222 RELATIVE TO RESIDENCE REQUIREMENTS OF LIBRARY BOARD MEMBERS AND PROVIDING A SUBSTITUTE PROVISION ON THE SUBJECT OF RESIDENCE REQUIREMENTS FOR LIBRARY BOARD MEMBERS.

Section 1. The City of Tonganoxie, Kansas, under the authority of Article 12, Section 5, of the Constitution of the State of Kansas, elects to and does hereby exempt itself from, and make inapplicable to it, the provisions of K.S.A. 12-1222 relative to residence requirements for library board members, being part of an enactment applicable to such city, but not applicable uniformly to all cities, and further provides for a substitute provision on the subject of residence requirements for library board members for the Tonganoxie Public Library.

Section 2. At least five (5) members appointed to the Library Board shall be residents of the city of Tonganoxie, Kansas and the balance of the members shall be a resident of the USD #464 school territory.

CHARTER ORDINANCE NO. 19

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE FROM THE PROVISIONS OF K.S.A 66-1801 ET SEQ., THE KANSAS UNDERGROUND UTILITY DAMAGE PROTECTION ACT, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT.

Section 1. The City of Tonganoxie, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects and does exempt itself and make inapplicable to it K.S.A. 66-1801 through K.S.A. 66-1816, the enactment known as the Kansas Underground Utility Damage Protection Act, which enactment applies to this city, but does not apply uniformly to all cities.

Section 2. All underground water and wastewater facilities installed after July 1, 2008 shall be locatable.

Section 3. Any excavator may, prior to excavating, call the city and request that the city locate any underground wastewater and water facilities.

CHARTER ORDINANCE NO. 20

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS FROM THE PROVISIONS OF K.S.A. 12-16,128, AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT.

Section 1. Exemption: The City of Tonganoxie, 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. 12-16,128, which applies to this city but is part of the enactment concerning certain municipalities, as enacted in Chapter 163 of the Session Laws of 2008, which enactment applies to this city but does not apply uniformly to all cities.

CHARTER ORDINANCE NO. 21

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS FROM THE PROVISION OF K.S.A. 15-204 and amending Charter Ordinance number 3, AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT.

Section 1. Exemption. The City of Tonganoxie, 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 a provision of K.S.A. 15-204 regarding the appointment of a marshal-chief of police and clerk, which applies to this city but is part of the enactment regarding the appointment of officers by the Mayor, as enacted in Chapter 60 of the Session Laws of 1879, which enactment applies to this city but does not apply uniformly to all cities.

Section 2. Appointment of city officers; duties and compensation. The mayor, with the consent of the council, may appoint at the first regular meeting of the governing body in May of each year, the following city officers: A municipal judge of the municipal court, a municipal judge pro tem, a city attorney, a treasurer and such other officers as deemed necessary. Such officers shall hold an initial term of office of not to exceed one year and until their successors have been appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. The duties and pay of the various officers shall be regulated by ordinance. Any officer may be removed by a majority vote of the total membership elected or appointed to the council and may be suspended at any time by the mayor.

CHARTER ORDINANCE NO.22

EXEMPTING THE CITY OF TONGANOXIE, KANSAS, BY CHARTER ORDINANCE, FROM THE PROVISIONS OF K.S.A. 12-621, AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT.

Section 1. Exemption. The City of Tonganoxie, Kansas, by virtue of the power vested in it by Chapter 12, Article 6, of the Constitution of the State of Kansas, hereby elects to and does exempt itself and make inapplicable to it K.S.A. 12-621, which applies to this city but does not apply uniformly to all cities.

Section 2. Application. The limitation imposed upon cities by K.S.A. 12-621, which restricts issuance of general obligation bond for sewage disposal facilities to an amount not to exceed three hundred thousand dollars ($300,000.00), shall not apply to the City of Tonganoxie, Kansas.

CHARTER ORDINANCE NO. 23

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS (the "City") FROM CERTAIN TERMS AND PROVISIONS OF K.S.A. 14-201 AND PROVIDING SUBSTITUTE PROVISIONS RELATING TO THE ELECTION OF THE POSITION OF CITY TREASURER.

Section 1. Exemption

The City of Tonganoxie, 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 make inapplicable to it and exempts itself from the provision of K.S.A. 14-201 requiring the position of city treasurer be elected.

In exempting itself, the City finds that such provision is applicable to cities of the second class, but not uniformly applicable to all cities. Therefore, the City of Tonganoxie, Kansas hereby adopts substitute and additional provisions on the same subject as hereinafter provided.

Section 2. Appointive City Treasurer Position Established

The city treasurer shall be an appointive officer of the City of Tonganoxie, Kansas pursuant to the provisions contained in K.S.A. 14-201.

Section 3. Existing City Treasurer Position

The existing City Treasurer of the City of Tonganoxie, Kansas shall hold office until her successor has been appointed and qualified as provided for above.

CHARTER ORDINANCE NO. 24

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS (the "City") FROM CERTAIN TERMS AND PROVISIONS OF K.S.A. 14-560.

Section 1. Exemption

The City of Tonganoxie, 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 make inapplicable to it and exempts itself from the provision of K.S.A. 14-560 requiring the City to hold an election to issue bonds for longer than 10 years for street resurfacing or repair.

Section 2. Bond Debt longer than 10 years can be issued on street resurfacing or repair

The City Council shall have the authority to issue bond debt for longer than 10 years without a vote of the electorate pursuant to K.S.A. 14-560.

CHARTER ORDINANCE NO. 25

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS (the "City") FROM CERTAIN TERMS AND PROVISIONS OF K.SA. 14-101c and K.S.A. 14-103.

Section 1. Exemption

The City of Tonganoxie, 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 make inapplicable to it and exempts itself from the provision of K.S.A. 14-101c and K.S.A. 14-103 requiring the City to divide into wards.

Section 2. City Councilmembers Elected At-Large

The City shall consist of five (5) Councilmembers elected at-large by the City electorate pursuant to the provisions contained in K.S.A. 14-101.

CHARTER ORDINANCE NO. 26

A CHARTER ORDINANCE ESTABLISHING THE POSITION OF CITY MANAGER, EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM CERTAIN TERMS AND PROVISIONS OF K.S.A. 14-201, K.S.A. 14-301 AND K.S.A. 14-307, AND PROVIDING SUBSTITUTE PROVISIONS RELATING TO THE POWERS AND DUTIES OF CERTAIN OFFICERS OF THE CITY, INCLUDING THE POSITION OF CITY MANAGER.

Section 1. Exemption

The City of Tonganoxie, Kansas, by virtue of the power vested in it by Article 12, Section 5(c)(1) of the Constitution of the State of Kansas, hereby elects to make inapplicable to it and exempts itself from the provisions of K.S.A. 14-201, K.S.A. 14-301 and K.S.A. 14-307 relating to the powers and duties of certain officers of the City of Tonganoxie, Kansas.

In exempting itself, the City of Tonganoxie, Kansas, finds that such provision is applicable to cities of the second class, but not uniformly applicable to all cities. Therefore, the City of Tonganoxie, Kansas, hereby adopts substitute and additional provisions on the same subject as hereinafter provided.

Section 2. Position of City Manager Established

There is hereby established the position of city manager of the City of Tonganoxie, Kansas. The title of city administrator is hereby deemed equal and interchangeable with the title of city manager for the purpose of identifying the same office as defined in Section 5 herein.

Section 3. Appointments

Subject to the provisions of K.S.A. 2008 Supp. 12-16,128, and amendments thereto, the mayor shall appoint, by and with the consent of the council, a municipal judge of the municipal court and a city attorney. Any officers so appointed shall hold an initial term of office not to exceed one year. Any officers who are reappointed shall hold their offices for a term of one year. All reappointments shall be confirmed by a majority vote of the governing body in January of each year. Notwithstanding the above, any appointed officers may be suspended or removed at any time by the governing body. All such appointments shall be made upon merit and fitness alone. The council may by resolution specify the duties and compensation of the appointed office holders.

The mayor shall appoint, from time to time as needed, with confirmation by the council, the city manager and members to community boards and commissions as representatives of the municipality. The mayor shall also appoint, with confirmation by a majority of the council, members to the planning commission, recreation commission, and the library board for the duration of time that these boards exist.

Section 4. Mayor and City Council

The mayor shall preside at all meetings of the council and shall have the casting vote when the council is equally divided. The mayor shall designate a mayor pro-tem from the members of the council in the event of the mayor’s absence from a public meeting.

The mayor shall sign all ordinances and resolutions passed by the council. It is hereby a duty that the mayor may enter into and execute contracts and agreements directed by the council in lieu of the city manager.

The mayor shall be the primary representative of the governing body for public relations and public events. The mayor shall be the primary official representative of the governing body at meetings, conferences, and negotiations relating to policy matters, including policy matters of other governing jurisdictions, and may recommend council action relating thereto. The mayor may delegate municipal representation at various events to council members or persons on the city staff. The mayor may annually, or on a more frequent basis, communicate to the council and citizens such information as the mayor may possess with reference to the state of the city, and recommend such measures as he or she may deem necessary and expedient. The mayor may inform the council concerning questions of policy and make policy recommendations to the council.

Members of the governing body shall be concerned with the advancement of the public interest in all matters and endeavor to faithfully represent the qualified electors in keeping with the trust and dignity of public office as a servant of the people of Tonganoxie. The governing body, by a majority, shall set policy for the municipality.

Direction to any department may only be enacted by a majority decision of the governing body during a public meeting through the city manager and no single member of the governing body may unilaterally provide direction to departments.

Section 5. City Manager

The city manager shall be responsible for the superintending administration of all of the affairs of the municipality and the proper discharge of the duties of the respective city administrative officers and employees. The city manager shall see that the laws and ordinances of the municipality are enforced. The city manager shall have the authority to appoint, promote, hire, transfer, assign, demote, discipline, lay off, suspend, discharge, and remove all heads of departments, all subordinate officers, and employees of the municipality, except the municipal judge of the municipal court and city attorney. Such officers of the municipality include the chief of police, fire chief, city clerk, city treasurer, and police officers. All such appointments shall be made upon merit and fitness alone. The city manager may delegate at his or her discretion such authority to appoint, promote, hire, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove subordinate officers and employees of the municipality to department heads. In addition, the city manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. The city manager shall provide for the preparation and submission of the annual budget to the governing body and also keep the municipality fully advised as to the financial conditions and needs of the municipality. The city manager may make recommendations to the governing body on all matters concerning the welfare of the municipality and shall have a seat, but no vote, in all of the public meetings of the governing body. The city manager, or city manager’s designee, may enter into, execute, approve and accept, on behalf of the municipality, all contracts, agreements, and other legally binding documents as designated by the governing body.

CHARTER ORDINANCE NO. 27

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-103 AND K.S.A. 14-201 AND K.S.A. 14-204, RELATING TO THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, THE APPOINTMENT OF OFFICERS, AND NOMINATION PETITIONS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NO. 3 AND REPLACING CHAPTER 6 ARTICLE 1, SECTION 6-102 OF THE CODE OF THE CITY OF TONGANOXIE.

Section 1. The City of Tonganoxie, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of (K.S.A. 14-103) and (K.S.A. 14-201 and (K.S.A. 14-204), that apply to this city, but are parts of enactments which do not apply uniformly to all cities.

Section 2. (a) The governing body shall consist of a mayor and five (5) council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Tonganoxie, Kansas.

(b) The governing body of the city may, by ordinance, divide the city into wards and precincts, establish the boundaries thereof, and number the same. Nor ordinance redefining wards and precincts shall become effective less than 30 days prior to the next regular city election.

Section 3. Those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office. Those governing body positions with terms expiring in April 2019, shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office.

Section 4. The mayor shall appoint, by and with the consent of the council, a municipal judge of the municipal court, city clerk, city attorney, and any other officers deemed necessary. Any officers appointed and confirmed shall hold an initial term of office of not to exceed one year and until their successors are appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. The council shall by ordinance specify the duties and compensation of the office holders, and by ordinance may abolish any office created by the council whenever deemed expedient.

Section 5. In accordance with K.S.A. 25-205, and amendments thereto, any person may become a candidate for city office elected by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by any fee required by law. The nomination petition must be signed by at least 1%, or 10, of the qualified electors of the City of Tonganoxie, whichever is less.

Section 6. All elections for the City of Tonganoxie, Kansas shall be nonpartisan.

Section 7. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

Section 8. This Charter Ordinance shall take effect 61 days after the final publication unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the ordinance as provided by Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case this charter Ordinance shall become effective upon approval by the majority of the electors voting thereon.

Section 9. This ordinance shall repeal any and all existing City Code provisions or Ordinances that are in effect and inconsistent herewith in the City of Tonganoxie.

(01-03-17)

CHARTER ORDINANCE NO. 28

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-3107, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING TO THE ESTABLISHMENT, OPERATION, MAINTENANCE, IMPROVEMENT, AND REGULATION OF STORM WATER SYSTEMS, INCLUDING BUT NOT LIMITED TO, STORM AND SURFACE WATER DRAINAGE SYSTEMS AND FLOOD PROTECTION WORKS, AND TO THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR THE PROPERTY AND IMPROVEMENTS NECESSARY FOR ALL ASPECTS OF THE MANAGEMENT OF THESE SYSTEMS

Section I. The City of Tonganoxie, Kansas, by virtue of the powers vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself and hereby makes inapplicable to it Section 12-3101, 12-3102, 12-3104, 12-3105, 12-3106 and 12-3107, Kansas Statutes Annotated, which apply to the City of Tonganoxie, Kansas, but do not apply uniformly to all Kansas cities.

Section II. The City of Tonganoxie, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions in lieu of those provisions from which it is exempted pursuant to Section I, above:

Section 1. Definitions. For the purpose of this Charter Ordinance, the words and phrases:

(a) “Improve” shall mean to plan, map, engineer, design, alter, enlarge, extend, construct, reconstruct, develop and redevelop a storm water system, and all things appurtenant thereto.

(b) “Person” shall mean any person, firm, corporation, association, partnership, political unit, or organization.

(c) “Storm Water” or “Storm Water System” shall mean storm sewers that exist at the time this Charter Ordinance is adopted or that are hereafter established and all appurtenances necessary in the maintenance and operation of the same, including, but not limited to, pumping stations, main sewers, intercepting sewers, outfall sewers, street, curb and alley improvements associated with storm water improvements, surface drains, channels, drainage ways or easements, levees, detention and retention facilities, streams and other flood control facilities and works for the collection, transportation, quality treatment, pumping, treating, and disposing of storm water or surface waters.

(d) “Storm Water Management Program” shall mean all aspects of work necessary to perform and provide storm and surface water services in the City, including but not limited to administration, planning, engineering, operations, maintenance, best management practices, control measures, public education, citizen participation, regulation and enforcement, protection, and capital improvement of systems and facilities, plus such non-operating expenses as reserves and bond debt service coverage associated with provision of the Stormwater Management Program.

Section 2. Storm Water Systems; Powers of City. The City of Tonganoxie, Kansas, shall have all the powers necessary or convenient to Improve and operate a Storm Water System, including such powers as the City of Tonganoxie may, from time to time, establish by way of ordinances adopted by the Governing Body of the City and including, but not by way of limitation, the following powers:

(a) To impose service charges on property served by the City’s Storm Water System. The method of calculating and fixing such service charges, and the method of billing and collecting such charges, shall be established by rules and regulations heretofore or hereafter adopted. In the event any person, firm, corporation, political unit or organization living or operating on property served by the City’s storm water system shall neglect, fail or refuse to pay the service charges fixed by the Governing Body of the City, the City may, as authorized by rules and regulations adopted under the authority of this Section, refuse the delivery of water through the pipes and mains of its publicly owned waterworks until such time as such charges are fully paid.

(b) To provide that Storm Water service charges authorized in subparagraph (a) above shall, when delinquent, be certified by the Clerk of the City to the County Clerk of Leavenworth County to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as other taxes, and such charges shall, thereafter, constitute a lien upon the real estate served by the Storm Water System and against which such charges are made; provided however, that any action by the City under this subparagraph shall be subject to approval by Leavenworth County.

(c) To use the proceeds of Storm Water service charges authorized in subparagraph (a) and such other lawful available revenue sources, to improve, operate and maintain a Storm Water System pursuant to an adopted comprehensive storm water management plan and adopted policies implementing such plan, including policies regarding the financing of Storm Water improvements;

(d) To use and to pledge the proceeds of the service fees authorized in subparagraph (a) above, and any available taxes, to pay the principal and interest on general obligation or revenue bonds heretofore or hereafter issued and pending the issuance of the general obligation bonds or revenue bonds to issue temporary financing for these purposes;

(e) To improve a Storm Water System pursuant to K.S.A. 12-6a01 et seq., the General Improvement and Assessment Law or other applicable statutes;

(f) To contract with agencies of the federal government, the State of Kansas, the County, the drainage district, other public bodies of this State, or with any private person or body for jointly improving, operating and maintaining a Storm Water System, provided that such agreements may include commitments regarding the financing of such improvements;

(g) To borrow money and to apply for and accept advances, loans, grants, contributions or any other form of financial assistance from the federal government, the State of Kansas, the County, the drainage district, other public bodies of this State, or with any private person or body for improving, operating and maintaining a Storm Water System;

(h) To acquire property, right-of-way, or easements, within or outside the City limits; by purchase, gift, transfer, or eminent domain for the purposes set forth in this Charter Ordinance;

(i) To improve, maintain and operate a Storm Water System outside the City limits of the City pursuant to approval of the County;

(j) To establish a Storm Water utility, a Storm Water utility fund, Storm Water Management program, and other such administrative conveniences as may be deemed necessary;

(k) To prohibit or regulate the discharge into the Storm Water System of matter deleterious to the property operation of the Storm Water System and the general health, safety and welfare of the community, and to establish such other regulations regarding the use of the Storm Water System as are beneficial;

(l) To, under the authority granted herein, establish a Storm Water Utility to be accounted for as a separate enterprise fund or special revenue fund of the City as deemed reasonable or appropriate by the Governing Body of the City.

Section 3. Powers herein supplemental and additional. The powers herein granted to improve, operate and maintain a storm water system and to issue bonds shall be supplemental to and not amendatory of the provisions of all other laws and shall not be construed to limit the City’s authority under the provisions of other laws.

Section III. Issuance of Storm Water System revenue bonds; requirements.

(a). The Governing Body of the City shall have the power to issue revenue bonds from time to time in its discretion, without an election, to finance the planning, altering, enlarging, extending, improving, constructing, and reconstructing of a Storm Water System or Storm Water Systems under this Charter Ordinance. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the City derived from or held in connection with its Storm Water Systems: provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any unencumbered municipal revenues including sales tax and impact fee/system development charges and any loan, grant or contribution from the federal government, the State of Kansas, other public bodies of the State or other persons or entities.

(b) Pending the issuance of revenue bonds authorized by this Charter Ordinance, the Governing Body of the City may issue revenue anticipation bonds of the City for the purpose of providing interim financing for a project. Revenue anticipation bonds shall be payable from revenue bonds issued to provide permanent financing for activities authorized by this Charter Ordinance and from the income, proceeds, revenue and funds derived by the City from, or held in connection with, its Storm Water Systems.

(c) Bonds issued under this Section shall be authorized by ordinance or resolution of the Governing Body and may be issued in one or more series and shall bear such date or dates, be payable on demand or mature at such time or times, bear interest at such rate or rates, not exceeding the maximum rate of interest prescribed by K.S.A. 10-1009, be in such denomination or denominations, be in such form, have such rank or priority, be executed in such manner, and be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics as may be provided by such ordinance or resolution issued pursuant thereto.

Section IV. In the event that any portion of this Charter Ordinance is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, that decisions shall not in any manner affect the remaining portions which shall remain in full force and effect.

Section V. This Charter Ordinance shall be published once each week for two (2) consecutive weeks in the official City newspaper.

Section IV. THIS CHARTER ORDINANCE SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS A SUFFICIENT PETITION FOR A REFERENDUM IS FILED, REQUIRING A REFERENDUM TO BE HELD ON THE ORDINANCE AS PROVIDED IN ARTICLE 12, SECTION 5 OF THE CONSTITUTION OF THE STATE OF KANSAS, IN WHICH CASE THIS CHARTER ORDINANCE SHALL BECOME EFFECTIVE UPON APPROVAL BY A MAJORITY OF THE ELECTORS VOTING THEREON.

Section VII. Upon its effective date, this Charter Ordinance shall be recorded by the City Clerk in a book maintained for charter ordinances of the City and shall be filed with the Secretary of the State of Kansas.

(01-22-18)

CHARTER ORDINANCE NO. 29

A CHARTER ORDINANCE EXEMPTING THE CITY OF TONGANOXIE, KANSAS FROM THE PROVISIONS OF K.S.A. 14-205 AND PROVIDING SUBSTITUTE PROVISIONS THEREFORE, AND REPEALING CHARTER ORDINANCE No. 6 AS IT IS NO LONGER APPLICABLE.

Section 1. The City of Tonganoxie, Kansas, by the power invested in it by Article XII, Section 5 of the Constitution of the State of Kansas, hereby exempts itself from and makes inapplicable to it K.S.A. 14-205, a legislative enactment which is not applicable uniformly to all cities in the State of Kansas.

Section 2. The following substitute provisions for K.S.A.14-205 will be applicable upon this Ordinance taking effect:

Qualifications of officers; appointment of nonresidents; removal of officer, effect; oaths and bonds. All officers elected or appointed shall be qualified electors of said city, except that the city may appoint nonresidents of the city or state as city attorney, municipal judge and as law enforcement officers when deemed necessary, including the appointment of nonresidents who also serve as city attorney, municipal judge or law enforcement officers of another municipality or public agency. However, if the 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, said officer must hold such license and be in good standing with the issuer of such license. The city attorney need not be a qualified elector of the county in which said city is located or of an adjoining county. The removal from such city of any officer required to be a qualified elector shall occasion a vacancy in such office. The clerk shall enter every appointment to office, and the date thereof, on the journal of proceedings. The council may require all city officers, elected or appointed, to take and subscribe an oath and give bonds and security for the faithful performances of their duties.

Section 3. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

Section 4. This Charter Ordinance shall take effect 61 days after final publication, unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the Ordinance as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective upon approval by a majority of the electors voting thereon.

Section 5. Charter Ordinance No. 6 is hereby repealed as it is no longer applicable.

(04-01-19)