Part I. CHARTER ORDINANCES, Code of Ordinances, Arkansas City

CHARTER ORDINANCE NO. 1444-1

CHARTER ORDINANCE OF THE CITY OF ARKANSAS, CITY, KANSAS, PROVIDE THAT SECTION 14-10a05 OF THE GENERAL STATUTES OF KANSAS 1949 SHALL NOT APPLY TO SAID CITY AND 0045 EXEMPTING SAID CITY THEREFROM AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS UPON THE SAME SUBJECT, PROVIDING SAID CITY MAY ACCUMULATE A SUM NOT TO EXCEED $50,000.00 IN THE FIREMEN'S PENSION FUND.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

Section 1. The City of Arkansas City, Kansas, a second class city by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from the Fifteen Thousand Dollar limitation in G. S. 14-10a05 and make inapplicable to it said provision in Section 14-10a05 of the General Statutes of Kansas 1949. This section applies only to cities of the second class and applying to said city, and to provide substitute and additional provisions as hereinafter provided.

Section 2. Hereafter the City of Arkansas City, Kansas, may accumulate a sum of $50,000.00 in the Policemen's Pension Fund and $50,000.00 in the Firemen's Pension Fund.

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 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 a 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 4 day of June, 1963.

CHARTER ORDINANCE NO. 2

A CHARTER ORDINANCE EXEMPTING THE CITY OF ARKANSAS CITY, 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 CITY-WIDE TAX LEVIES.

CHARTER ORDINANCE NO. 3

A CHARTER ORDINANCE EXEMPTING THE CITY OF ARKANSAS CITY, KANSAS FROM THE PROVISIONS OF ARTICLE 15, CHAPTER 12 OF THE KANSAS STATUTES ANNOTATED, BEING K.S.A. 12-1501 TO 12-1507 INCLUSIVE, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS THEREFORE RELATING TO CERTIFICATION OF PLUMBERS, EXAMINATION AND FEES THEREFORE AND REPEALING SECTION 5.12.010 TO 5.12.100 OF THE ARKANSAS CITY MUNICIPAL CODE.

CHARTER ORDINANCE NO. 4

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 2.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

SECTION ONE. That Charter Ordinance No. 2 be and the same is hereby repealed.

SECTION TWO. This Ordinance shall be published once each week for two consecutive weeks in the Arkansas City Traveler, the official newspaper for the City.

SECTION THREE. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient Petition for Referendum is filed and the referendum is held on this ordinance as provided in Article 12, Section 5, Subdivision C of the Constitution of the State of Kansas and in which the ordinance will become effective if approved by a majority of the voters voting thereon.

PASSED AND ADOPTED by the Governing Body, by not less than two-thirds ( 2/3 's) of the members elect voting in favor thereof, this 3rd day of May, 1977.

SIGNED by the Mayor this 4th day of May, 1977.

CHARTER ORDINANCE NO. 5

A CHARTER ORDINANCE EXEMPTING THE CITY OF ARKANSAS CITY, 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 ARKANSAS CITY, KANSAS:

Section 1. That the City of Arkansas City, 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 unapplicable [inapplicable] to said city insofar as said statutes require the City of Arkansas City, 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 Arkansas City Daily Traveler, the official city paper.

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 Arkansas City, Kansas, by more than two-thirds ( 2/3 rds) of the members elect voting in favor thereof this 21st day of August, 1979.

CHARTER ORDINANCE NO. 6

A CHARTER ORDINANCE EXEMPTING THE CITY OF ARKANSAS CITY, KANSAS, A MUNICIPAL CORPORATION OF THE SECOND CLASS, FROM THE MINIMUM POPULATION RESTRICTION AS CONTAINED IN K.S.A. 1979 Supp. 41-719(c) SO AS TO ALLOW PERSONS TO DRINK OR CONSUME ALCOHOLIC LIQUOR UPON PUBLIC PROPERTY, SPECIFICALLY LIMITED TO THE RESTAURANT BUILDING AND CAFETERIA LOCATED SOUTH AND ADJACENT TO THE TERMINAL BUILDING OF THE STROTHER FIELD AIRPORT-INDUSTRIAL PARK, JOINTLY OWNED BY THE CITIES OF WINFIELD AND ARKANSAS CITY, KANSAS, PROVIDED THE SUBJECT PREMISES ARE A "RESTAURANT" AS DEFINED BY LAW AND A PROPER LIQUOR LICENSE HAS BEEN SECURED AS PROVIDED BY LAW.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

SECTION ONE. The City of Arkansas City, Kansas, a municipal corporation of the second class, 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 the minimum population restriction as contained in K.S.A. 1979 Supp. 41-719(c) so as to allow persons to drink or consume alcoholic liquor upon public property, specifically limited to the restaurant building and cafeteria located South and adjacent to the Terminal Building of the Strother Field Airport-Industrial Park, jointly owned by the Cities of Winfield and Arkansas City, Kansas, provided the subject premises are a "restaurant" as defined by law and a proper liquor license has been secured as provided by law.

SECTION TWO. K.S.A. 1979 Supp. 41-719(c) is an enactment of the Kansas Legislature allowing cities having a population of more than 200,000 to exempt themselves from the prohibition against consuming alcoholic liquor upon public property. This statute is not applicable uniformly to all cities, nor has the Legislature established classes of cities allowing the aforesaid exemption.

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

SECTION FOUR. 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 AND ADOPTED by the Governing Body, not less than two-thirds of the members-elect voting in favor thereof, the 17th day of March, 1980.

CHARTER ORDINANCE NO. 7

A CHARTER ORDINANCE EXEMPTING THE CITY OF ARKANSAS CITY, KANSAS, A MUNICIPAL CORPORATION OF THE SECOND CLASS FROM K.S.A. 14-644 AS AMENDED: PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME STATUTORY SUBJECT BY ESTABLISHING A BOARD OF HOSPITAL TRUSTEES TO MANAGE, OPERATE AND CONTROL THE ARKANSAS CITY MEMORIAL HOSPITAL AND NURSES TRAINING SCHOOL; AND AUTHORIZING THE LEASING OF THE SAID HOSPITAL UPON SUCH TERMS AND CONDITIONS AS THE GOVERNING BODY MAY BY ORDINANCE DECLARE SUBJECT TO THE APPROVAL BY THE BOARD OF HOSPITAL TRUSTEES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

SECTION ONE. The City of Arkansas City, 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. 14-644 as amended, and to provide substitute and additional provisions for the management of the Arkansas City Memorial Hospital as hereinafter set forth in this charter ordinance. K.S.A. 14-644 is a part of an enactment of the legislature of the State of Kansas applicable to this City, but not uniformly applicable to all cities nor has the legislature established classes of cities imposing this restrictive statutory language under said constitutional provision.

SECTION TWO. The power, authority and control of the Arkansas City Memorial Hospital and Nurses Training School shall be vested in a hospital board of trustees pursuant to the provisions hereinafter set forth.

SECTION THREE. Board of Trustees.

Appointment. The Governing Body shall appoint seven trustees chosen from citizens of said city with reference to their fitness for such office who shall constitute a board of trustees for the Arkansas City Memorial Hospital. At no time shall more than one member of the board be a physician.

Term. The said trustees shall hold their offices until their successors are appointed and qualified. The trustees first appointed shall hold their offices, two for two years, two for three years and three for four years. Upon the expiration of the term of any member, his successor shall be appointed by the Governing Body for a term of four years. Any vacancy in the membership of the board of trustees shall be filled by the Governing Body for the unexpired term.

No person who has been appointed for two (2) consecutive four-year terms to the said board of trustees shall be eligible for further appointment to such board until two (2) years after the expiration of the second term; provided, appointments made prior to the effective date of this ordinance shall not be counted in determining eligibility for appointment hereunder.

Members of such board shall receive no compensation for their services but shall be allowed their actual and necessary expenses in attending meetings and in carrying out their duties as members.

Officers of Board; Meetings. Said trustees shall within ten days after their appointment, qualify by taking the oath of civil officers and meet and organize by the annual election of a chairman, a secretary and a treasurer and such other officers as they may deem necessary. No bond shall be required of any officer except the treasurer, to be approved by the Governing Body and filed in the office of the City Clerk.

The board shall fix the date and place of its regular meetings which shall occur at least once each month. Special meetings may be called by the chairman or upon written request of a majority of the members; a complete record of all proceedings whether regular or special shall be maintained. Written notice, stating the time and place of any special meeting and the purpose for which called, shall, unless waived, be given each member of the board at least two (2) days in advance of such meeting, and no business other than that stated in the notice shall be transacted at such meeting.

Trustees' Powers. The board of hospital trustees shall:

(1)

Make and adopt such bylaws, rules and regulations for their own guidance and for the government of the hospital as may be deemed expedient for the economical and proper conduct thereof not inconsistent with the laws of the State of Kansas or the ordinances of this City; all physicians, nurses, attendants, the persons sick therein and all persons approaching or coming within said hospital and/or nurses training school, and all furniture and other articles used or brought there, shall be subject to such rules and regulations.

(2)

Have exclusive control of the expenditure of all moneys collected to the credit of the hospital fund and the purchase of site or sites, the purchase or construction of any hospital building or buildings and of the supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased, or set apart for that purpose; PROVIDED, that all money received for such hospital shall be deposited in the treasury of the board of trustees and paid out only by claims and warrants or warrant checks as provided by K.S.A. 10-801 et seq. and 12-105a and 12-105b, as amended and supplemented.

(3)

Have the power to appoint a suitable administrator and necessary assistants, or employ a hospital management team, fix their compensation and shall have the power to remove such appointees and to do all and everything necessary to properly conduct said hospital.

(4)

Establish and fund pension and deferred compensation plans for hospital employees and procure contracts insuring hospital employees, their dependents, or any class or classes thereof under a policy or policies of life, disability income, health, accident, accidental death and dismemberment, hospital surgical and medical expense insurance and workers' compensation insurance. The employee's contribution, if any, to the plan and the premium for such insurance may be deducted by the employer from the employee's salary upon written consent of the respective employee, when such contribution and deduction is not required by law.

(5)

File with the Governing Body of the City, an annual report of the proceedings with reference to such hospital and a statement of all receipts and expenditures during the year and shall at such time, certify the amount necessary to maintain, equip and improve said hospital for the ensuing year.

(6)

For the benefit of all inhabitants of said City, and any person falling sick or being injured or maimed, establish and fix a reasonable compensation for occupancy, nursing, care, medicine and attendants, which compensation may be adjusted from time to time as the trustees may determine or applicable state or federal laws may dictate.

(7)

Have authority to expend funds deemed necessary in recruitment of professional staff.

Eminent Domain. If the Board of Hospital Trustees and the owner of any property desired by them for hospital purposes can not agree as to the price to be paid therefor, they shall report the facts to the Governing Body and condemnation proceedings shall be instituted by the Governing Body and prosecuted in the name of the City by the City Attorney, as provided by law.

SECTION FOUR. Leases. The Governing Body of the City shall have the power to lease, let or rent to any person, firm, corporation or other legally organized society upon such terms and conditions, including special rates for City utilities, as the Governing Body may by Ordinance deem to the best interest of the City; PROVIDED, no contract for the leasing, letting or renting of the same shall be made unless and until the terms and provisions thereof have been approved by the Board of Trustees.

SECTION FIVE. This charter ordinance shall be published once each week for two (2) consecutive weeks in the official City newspaper.

SECTION SIX. 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 AND ADOPTED by the Governing Body, not less than two-thirds of the members-elect voting in favor thereof, the 20th day of January, 1981.

CHARTER ORDINANCE NO. 8

A CHARTER ORDINANCE EXEMPTING THE CITY OF ARKANSAS CITY, KANSAS, A MUNICIPAL CORPORATION OF THE SECOND CLASS FROM THE LIMITATIONS ON TAX LEVIES APPLICABLE TO CITIES OF THE SECOND CLASS PERTAINING TO THE ARKANSAS CITY MUNICIPAL LIBRARY ESTABLISHED AND MAINTAINED PURSUANT TO K.S.A. 12-1218 AND ALL ACTS AMENDATORY THEREOF AND SUPPLEMENTAL THERETO, AND SUBSTITUTING IN LIEU OF SUCH EXEMPTION A MILL LEVY NOT TO EXCEED 4.00 MILLS IN ANY ONE YEAR ON EACH DOLLAR OF ASSESSED TANGIBLE VALUATION OF SUBJECT CITY.

CHARTER ORDINANCE 95-11-C08A

A CHARTER ORDINANCE EXEMPTING THE CITY OF ARKANSAS CITY FROM K.S.A. 79-1952 AND ALL ACTS AMENDATORY THEREOF OR SUPPLEMENTAL THERETO INSOFAR AS THE RATE OF LEVY FOR LIBRARY PURPOSES IS CONCERNED AND SUBSTITUTING AN ADDITIONAL RATE OF LEVY THEREFORE.

CHARTER ORDINANCE NO. 9

A CHARTER ORDINANCE EXEMPTING THE CITY OF ARKANSAS CITY, KANSAS, A MUNICIPAL CORPORATION OF THE SECOND CLASS, FROM THE PROVISIONS OF K.S.A. 12-1696 TO 12-16,101, INCLUSIVE, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE LEVY OF A TRANSIENT GUEST TAX FOR TOURISM AND CONVENTIONS.

WHEREAS, K.S.A. 12-1696 to 12-16,101, inclusive, authorizes a levy by cities of a transient guest tax, which provisions are not uniformly applicable to all cities; and

WHEREAS, pursuant to Article 12, Section 5 of the Constitution of the State of Kansas, cities may exempt themselves from such provisions and provide substitute and additional provisions therefor.

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

SECTION ONE. The City of Arkansas City, Kansas, a municipal corporation of the second class, 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. 12-1696 to 12-16,101, inclusive, and to provide substitute and additional provisions as hereinafter set forth in this ordinance. The referenced provisions are either enactments or parts thereof which are applicable to this city, but are not applicable uniformly to all cities.

SECTION TWO. As used in this ordinance, the following words and phrases shall be defined as follows:

(a)

"Person" means an individual, firm, partnership, corporation, joint venture or other association of persons.

(b)

"Hotel or motel" 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.

(c)

"Transient guest" means a person who occupies a room in a hotel or motel for not more than 28 consecutive days.

(d)

"Hotel or motel business" means any person engaged in the business of renting, leasing or letting quarters, sleeping accommodations, rooms or a part thereof in connection with any hotel or motel.

(e)

"Tourism" means the practice of touring or traveling for recreation, business or education.

(f)

"Touring" means a trip, excursion or circular journey for business, recreation or education.

SECTION THREE: A transient guest tax shall be levied in the City of Arkansas City, Kansas, at 4% percent upon the gross rental receipts derived from or paid by transient guests for lodging or sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel or motel.

SECTION FOUR. The transient quest tax levied pursuant to this ordinance shall be based upon the gross rental receipts collected by any hotel or motel doing business within the corporate limits of City.

SECTION FIVE. The tax levied pursuant to this ordinance shall be paid by the consumer or user to the hotel or motel business and it shall the duty of each and every such business to collect from the consumer or user the full amount of any such tax, or an amount equal as nearly possible or practicable to the average equivalent thereto. Each hotel or motel business collecting the tax levied hereunder shall be responsible for paying it over to the State Department of Revenue in the manner prescribed by K.S.A. 12-1698, and any amendments thereto, and the State Department of Revenue shall administer and enforce the collection of such tax as provided therein.

SECTION SIX. The tax levied and collected pursuant to Section 3 of this ordinance shall become due and payable in a manner prescribed by K.S.A. 12-1698, and amendments thereto, except that all taxes remaining after the 2 percent deduction for expenses of the Department of Revenue in administration and enforcement of the collection thereof shall be remitted to the City of Arkansas City, Kansas, and shall be credited to the "Tourism and Convention Fund" hereinafter established and shall only be expended out of said fund as hereinafter provided.

SECTION SEVEN. A "Tourism and Convention Fund" is hereby established to receive disbursements of money from the Secretary of Revenue of the State of Kansas, as provided in subsection (d) of K.S.A. 12-1698.

SECTION EIGHT. Moneys in the "Tourism and Convention Fund" shall only be expended as follows:

(a)

The Convention and Tourism Committee hereinafter established shall annually consider all requests for expenditure of transient guest tax funds, and shall prepare a budget of expenditures for each year to be submitted to the Governing Body for its approval.

(b)

The Governing Body shall consider the expenditures proposed from the Tourism and Convention Fund by the Convention and Tourism Committee, and shall adopt a budget of such expenditures which may vary from the proposal of the Convention and Tourism Committee in the discretion of the Governing Body. The Governing Body may at any time seek further advice and recommendations from the Convention and Tourism Committee regarding such expenditures but reserves the exclusive authority to make final decisions of them.

(c)

Such funds may be used:

(1)

To operate or contract with any agency, organization or group of firms to operate a bureau to promote conventions and tourism within the City and its environs;

(2)

To provide for the operation, maintenance, expansion or development of City facilities connected with convention and tourism;

(3)

To defray the cost of providing municipal services to convention and tourism functions, including police, fire, street department or park and recreation department functions;

(4)

To create innovative projects and activities promoting conventions and tourism;

(5)

To promote the general economic welfare of the City and its environs, including the attraction of industry.

(d)

All expenditures of such funds shall be paid to vendors of services or materials through the City offices in the same manner as other City operating accounts.

SECTION NINE. A "Convention and Tourism Committee" is hereby established to advise the Governing Body and make recommendations concerning programs and expenditures for conventions and tourism. The committee shall consist of seven (7) members appointed by the Mayor and confirmed by the City Commission. Initially, the City Commission shall appoint three (3) members for a 2 year term and four (4) members for a 1 year term, in order that only four (4) positions on the committee shall be vacated in any one year.

Any vacancies in the membership of the committee shall be filled by the appointment of a new member as in the case of the original appointment, to fill the unexpired term of the member whose office is vacant.

SECTION TEN. Membership on the committee shall be as follows:

One Member and Chairman	Vice-Mayor of the Commission
2 Members	Public at Large
1 Member	Chamber of Commerce Representative
3 Members	Hotel/Motel Owner or Operators

The committee shall hold regular monthly meetings at a time and place to be established by them, subject to approval of the Governing Body. All meetings shall be open to the public. No member of the committee shall receive any compensation for service thereon. Any member who is absent without excuse for three consecutive regular meetings shall be deemed to have resigned and a successor shall be appointed.

SECTION ELEVEN. That the City of Arkansas City shall have authority to contract for the expenditure moneys from the Tourism and Convention Fund.

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

SECTION THIRTEEN. This is a Charter Ordinance which shall take effect 61 days after its final publication unless a sufficient petition for a referendum is filed, and a referendum is held on the ordinance provided in Article 12, Section 5(c)(3) of the Constitution of the State of Kansas and K.S.A. 12-137 and all acts amendatory thereof and supplemental thereto, 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.

PASSED AND ORDAINED this 3rd day of June, 1986.

CHARTER ORDINANCE NO. 9-A

A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 9, EXEMPTING THE CITY OF ARKANSAS CITY, KANSAS, FROM CERTAIN STATUTORY PROVISIONS PERTAINING TO THE LEVY OF A TRANSIENT GUEST TAX FOR TOURISM AND CONVENTIONS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

SECTION ONE. Charter Ordinance No. 9, duly adopted by the Governing Body of the City of Arkansas City on the 3rd day of June, 1986, and pertaining to the levy of a transient guest tax for tourism and conventions is hereby amended to read as follows:

The City of Arkansas City, Kansas, a municipal corporation of the second class, 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. 12-1696 to 12-16,101, inclusive, except and deleting from the charter ordinance subsection (c) of K.S.A. 12-1697, subsections (a), (b), (c) of K.S.A. 1985 Supp. 12-1698 and K.S.A. 1985 Supp. 12-1698(a), and where exempt to provide substitute and additional provisions as hereinafter set forth in this ordinance. The referenced provisions are either enactments or parts thereof which are applicable to this city, but are not applicable uniformly to all cities.

SECTION TWO. As used in this ordinance, the following words and phrases shall be defined as follows:

(a)

"Person" means an individual, firm, partnership, corporation, joint venture or other association of persons.

(b)

(c)

"Transient guest" means a person who occupies a room in a hotel or motel for not more than 28 consecutive days.

(d)

"Hotel or motel business" means any person engaged in the business of renting, leasing or letting quarters, sleeping accommodations, rooms or a part thereof in connection with any hotel or motel.

(e)

"Tourism" means the practice of touring or traveling for recreation, business or education.

(f)

"Touring" means a trip, excursion or circular journey for business, recreation or education.

SECTION THREE. A transient guest tax shall be levied in the City of Arkansas City, Kansas, at 4% percent upon the gross rental receipts derived from or paid by transient guests for lodging or sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel or motel.

SECTION FOUR. The transient quest tax levied pursuant to this ordinance shall be based upon the gross mental receipts collected by any hotel or motel doing business within the corporate limits of City.

SECTION FIVE. The tax levied pursuant to this ordinance shall be paid by the consumer or user to the hotel or motel business and it shall be duty of each and every such business to collect from the consumer or user the full amount of any such tax, or an amount equal as nearly possible or practicable to the average equivalent thereto. Each hotel or motel business collecting the tax levied hereunder shall be responsible for paying it over to the State Department of Revenue in the manner prescribed by K.S.A. 12-1698, and any amendments thereto, and the State Department of Revenue shall administer and enforce the collection of such tax as provided therein.

SECTION EIGHT. Moneys in the "Tourism and Convention Fund" shall only be expended as follows:

(a)

(b)

(c)

Such funds may be used:

(1)

To operate or contract with any agency, organization or group of firms to operate a bureau to promote conventions and tourism within the City and its environs;

(2)

To provide for the operation, maintenance, expansion or development of City facilities connected with convention and tourism;

(3)

To defray the cost of providing municipal services to convention and tourism functions, including police, fire, street department or park and recreation department functions;

(4)

To create innovative projects and activities promoting conventions and tourism;

(5)

To promote the general economic welfare of the City and its environs, including the attraction of industry.

(d)

All expenditures of such funds shall be paid to vendors of services or materials through the City offices in the same manner as other City operating accounts.

SECTION TEN. Membership on the committee shall be as follows:

One Member and Chairman	Vice-Mayor of the Commission
2 Members	Public at Large
1 Member	Chamber of Commerce Representative
3 Members	Hotel/Motel Owner or Operators

SECTION ELEVEN. That the City of Arkansas City shall have authority to contract for the expenditure moneys from the Tourism and Convention Fund.

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

PASSED by the Governing Body, not less than two-thirds ( 2/3 rds) of the members elect voting in favor thereof.

All provisions of Charter Ordinance No. 9 as adopted by the Governing Body June 3, 1986, not in which are conflict herewith are hereby repealed.

PASSED AND ORDAINED this 2nd day of September, 1986.

CHARTER ORDINANCE NO. 9-B

A CHARTER ORDINANCE AMENDING SECTION TEN OF CHARTER ORDINANCE NO. 9-A PERTAINING TO THE COMPOSITION OF THE CONVENTION AND TOURISM COMMITTEE HAVING AUTHORITY TO CONSIDER REQUESTS FOR EXPENDITURE OF TRANSIENT GUEST TAX FUNDS.

WHEREAS, the City of Arkansas City, Kansas, has by Charter Ordinance No. 9, duly adopted by the Governing Body June 3, 1986, and by Charter Ordinance No. 9-A, duly adopted the 2nd day of September, 1986, elected to exempt itself from and make inapplicable provisions of K.S.A. 12-1696 to 12-16,101, inclusive, except and deleting therefrom Subsection (c) of K.S.A. 12-1697; Subsections (a), (b), (c), of K.S.A. 1985 Supp. 12-1698 and K.S.A. 1985 12-1698(a), and providing substitute and additional provisions therefor.

WHEREAS, Section Ten of Charter Ordinance No. 9, as amended by Charter 9-A, specifies the composition of membership to the Convention and Tourism Committee.

WHEREAS, it is deemed in the best interests of the Convention and Tourism Committee and the City of Arkansas City to amend composition of the Committee as hereinafter established.

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

SECTION ONE. Charter Ordinance No. 9-A, Section Ten, and pertaining to membership of the Convention and Tourism Committee is hereby amended to read as follows:

SECTION TEN. Membership on the committee shall be as follows:

One Member and Chairman	Vice-Mayor of the City Commission
2 Members	Public at Large
1 Member	Chamber of Commerce Representative
3 Members	Hotel/Motel Owner or Operators
3 Members	Owners or operators of Hotels, Motels, related businesses or tourist attractions

SECTION TWO. This Charter Ordinance shall be published once each week for two (2) consecutive weeks in the official City newspaper and shall take effect sixty-one (61) days after its 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(c)(3) of the Constitution of the State of Kansas, and K.S.A. 12-137 and all acts amendatory thereof and supplemental thereto, in which case this Ordinance shall become effective only if approved by a majority of the electors voting thereon.

SECTION THREE. All other provisions of Charter Ordinance No. 9 and Charter Ordinance No. 9-A, which are in conflict with this amendatory Ordinance are hereby repealed, otherwise all of the provisions are ratified and confirmed.

PASSED AND ORDAINED by not less than two-thirds ( 2/3 rds) of the members elect of the Governing Body of the City of Arkansas City, Kansas, voting in favor thereof this 16th day of August, 1988.

CHARTER ORDINANCE NO. 9-C

A CHARTER ORDINANCE AMENDING SECTION TEN OF CHARTER ORDINANCE NO. 9 PERTAINING TO THE COMPOSITION OF THE CONVENTION AND TOURISM COMMITTEE HAVING AUTHORITY TO CONSIDER REQUESTS FOR EXPENDITURE OF TRANSIENT GUEST TAX FUNDS.

WHEREAS, the City of Arkansas City, Kansas, has by Charter Ordinance No. 9, duly adopted by the Governing Body June 3, 1986, as amended by Charter Ordinance No. 9-A, duly adopted the 2nd day of September, 1986, as amended by Charter Ordinance No. 9-B, duly adopted the 16th day of August, 1988, elected to exempt itself from and make inapplicable provisions of K.S.A. 12-1696 to 12-16,101, inclusive, except and deleting therefrom Subsection (c) of K.S.A. 12-1697; Subsections (a), (b), (c), of K.S.A. 1985 Supp. 12-1698 and K.S.A. 1985 12-1698(a), and providing substitute and additional provisions therefor.

WHEREAS, Section Ten of Charter Ordinance No. 9, as amended by Charter Ordinance 9-A and 9-B, specifies the composition of membership to the Convention and Tourism Committee.

WHEREAS, it is deemed in the best interests of the Convention and Tourism Committee and the City of Arkansas City to amend composition of the Committee as hereinafter established.

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

SECTION ONE. Charter Ordinance No. 9, Section Ten, as amended by Charter Ordinance No. 9-A and 9-B, and pertaining to membership of the Convention and Tourism Committee is hereby amended to read as follows:

SECTION TEN. Membership on the committee shall be as follows:

One Member and Chairman	Vice Mayor of the City Commission
One Member and Chairman	A Member of the City Commission
2 Members	Public at Large
1 Member	Chamber of Commerce Representative
3 Members	Owners or operators of Hotels, Motels, related businesses or tourist attractions

SECTION THREE. All other provisions of Charter Ordinance No. 9 and Charter Ordinance No. 9-A, and Charter Ordinance No. 9-B, which are in conflict with this amendatory Ordinance are hereby repealed, otherwise all of the provisions are ratified and confirmed.

PASSED AND ORDAINED by not less than two-thirds ( 2/3 rds) of the members elect of the Governing Body of the City of Arkansas City, Kansas, voting in favor thereof this 2nd day of May, 1989.

CHARTER ORDINANCE NO. 10

A CHARTER ORDINANCE EXEMPTING THE CITY OF ARKANSAS CITY, KANSAS, A MUNICIPAL CORPORATION OF THE SECOND CLASS, FROM THE PROVISIONS OF K.S.A. 12-4112, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME SUBJECT RELATING TO THE ASSESSMENT OF COSTS IN THE MUNICIPAL COURT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

SECTION ONE. The City of Arkansas City, Kansas, a municipal corporation of the second class, by virtue of the power invested in it by Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to exempt itself and hereby exempts itself from the provisions of K.S.A. 12-4112 in as much as said statute prohibits the collection of costs for the administration of justice in Municipal Courts. The remaining portion of K.S.A. 12-4112 in as much as it allows for the collection of witness fees and mileage shall not be effected by the passage of this Ordinance.

SECTION TWO. Court Costs. There shall be a Twenty Dollar ($20.00) assessment taxed to each case filed in the Municipal Court of the City of Arkansas City, Kansas, payable by the Defendant, if convicted, in addition to all witness fees and mileage as authorized under K.S.A. 12-4411. Said assessment shall be designated as court costs and shall be in addition to any fine or order of restitution as may be imposed by the Municipal Court Judge.

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

SECTION FOUR. This Ordinance shall take effect sixty-one (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 by Article 12, Section 5, Sub-division (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 AND ORDAINED by not less than a majority of the elected officials of the Governing Body of the City of Arkansas City, Kansas on this 7th day of October, 1986.

CHARTER ORDINANCE NO. 10-A

A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 10 PERTAINING TO THE ASSESSMENT OF COSTS IN THE MUNICIPAL COURT OF ARKANSAS CITY.

WHEREAS, the City of Arkansas City, Kansas, has by Charter Ordinance No. 10, duly adopted by the Governing Body October 7, 1986, elected to exempt itself and make inapplicable the provisions of K.S.A. 12-4112, and all acts amendatory thereof or supplemental thereto, and authorizing court costs of $20.00 per case to be assessed.

WHEREAS, it is deemed in the best interests of the City of Arkansas City, Kansas to amend assessment of court costs as hereinafter specified.

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

SECTION ONE. Charter Ordinance No. 10, pertaining to assessment of court costs is hereby amended:

Court costs as imposed under Section Two of Charter Ordinance No. 10, and bench warrant costs as hereby authorized by this Home Rule Enactment, shall be set by Ordinance.

SECTION THREE. All other provisions of Charter Ordinance No. 10, which are in conflict with this amendatory Ordinance are hereby repealed, otherwise all of the provisions are ratified and confirmed.

PASSED AND ORDAINED by not less than two-thirds ( 2/3 rds) of the members elect of the Governing Body of the City of Arkansas City, Kansas, voting in favor thereof this 20th day of June, 1989.

CHARTER ORDINANCE NO. 11

A CHARTER ORDINANCE IN CONJUNCTION WITH THE CITY OF WINFIELD, KANSAS, EXEMPTING THE STROTHER FIELD AIRPORT/INDUSTRIAL PARK, WAIVING THE ANNUAL REQUIREMENT OF FIXED ASSET ACCOUNTING AS REQUIRED BY K.S.A. 75-1120(a) AND ALL ACTS AMENDATORY THEREOF OR SUPPLEMENTAL THERETO.

WHEREAS, the Strother Field Airport/Industrial Park has determined that the annual financial statements and financial reports to be prepared in conformity with the requirements of K.S.A. 75-1120(a) relative to fixed asset accounting are not relevant to the requirements of the cash basis and budget laws of this State insofar as they relate to the operation of Strother Field Airport/Industrial Park, and accordingly, are of no significant value to the Strother Field Board, (its owners) the respective Cities of Arkansas City or Winfield, Kansas, or the members of the general public; and

WHEREAS, there are no revenue bond ordinances or other ordinances or resolutions of Strother Field Airport/Industrial Park which require financial statements and financial reports to be prepared in conformity with said act on an annual basis.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, IN CONJUNCTION WITH THE CITY OF WINFIELD, KANSAS:

SECTION ONE. The City of Arkansas City, Kansas, a municipal corporation of the second class and a participant in the Interlocal Agreement between the City of Arkansas City and the City of Winfield for the management and operation of the Strother Field Airport/Industrial Park hereby elects to exempt the Strother Field Airport/Industrial Park from the provisions of K.S.A. 75-1120(a) as amended or supplemented making said statute inapplicable insofar as said statute requires the Strother Field Airport/Industrial Park to maintain fixed asset records and accountings.

SECTION TWO. The City of Arkansas City in conjunction with the City of Winfield, parties to the mutual contract for the management and operation of the Strother Field Airport/Industrial Park request the Director of Accounts and Reports to waive the requirement of said law as it relates to fixed asset accounting as it is applied to the annual audit of the Strother Field Airport/Industrial Park.

SECTION THREE. This ordinance shall be published once each week for two consecutive weeks in the Arkansas City Daily Traveler, the officially designated City paper for the City of Arkansas City, Kansas.

SECTION FOUR. This is a Charter Ordinance and shall take effect sixty-one (61) days after its final publication unless 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 with the County Election Officer of the County in which such City is entirely or primarily located, demanding that such ordinance be submitted to a vote of the electors and accordingly it shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon.

PASSED AND ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, in conjunction with the City of Winfield, Kansas, by not less than two-thirds ( 2/3 ) of the members elect voting in favor thereof this 7th day of April, 1987.

CHARTER ORDINANCE NO. 12

A CHARTER ORDINANCE AMENDING IN PART SECTION THREE OF CHARTER ORDINANCE NO. 7 AS DULY ADOPTED BY THE GOVERNING BODY JANUARY 20, 1981, AND PERTAINING TO THE NUMBER OF TRUSTEES TO BE APPOINTED AS THE GOVERNING BODY OF THE ARKANSAS CITY MEMORIAL HOSPITAL.

WHEREAS, the City of Arkansas City, Kansas, a municipal corporation of the second class, has, by Charter Ordinance No. 7, adopted January 20, 1981, in accordance with Article 12, Section 5, of the Constitution of the State of Kansas, exempted itself from the statutory restrictions and provisions of K.S.A. 14-644 and all acts amendatory thereof or supplemental thereto, said statute not uniformly applicable to all cities of the state or to classes of cities as established by the Kansas legislature imposing this particular statute, and accordingly, said statute being subject to amendment by home rule authority, and in exercise of said home rule authority, the city has provided substitute and additional provisions for the management and governance of the Arkansas City Memorial Hospital.

WHEREAS, it is deemed advisable and in the best interests of the community and the hospital that Section Three of said Charter Ordinance providing for the appointment of Trustees to manage and govern said hospital and providing for their respective terms of appointment, be amended by increasing the number of trustees from seven (7) to nine (9) and thereby altering their respective terms of appointment to coincide with this modification.

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

SECTION ONE. Paragraphs A and B of Section Three of Charter Ordinance No. 7 duly enacted by the Governing Body of the City of Arkansas City, January 20, 1981, is hereby amended to read as follows:

SECTION THREE: Board of Trustees.

A. Appointment. The Governing Body shall appoint seven nine trustees chosen from citizens of said city with reference to their fitness for such office who shall constitute a board of trustees for the Arkansas City Memorial Hospital. At no time shall more than one two members of the board be physicians.

B. Term. The said trustees shall held their offices until their successors are appointed and qualified. Newly appointed trustees, pursuant to this legislative act, shall hold their offices, one for two (2) years and one for three (3) years so that upon the expiration of their initial term of appointment, his successor shall be appointed by the Governing Body for a term of four (4) years. Any vacancy in the membership of the Board of Trustees shall be filled by the Governing Body for the unexpired term.

No person who has been appointed for two (2) consecutive four year terms to the said Board of Trustees shall be eligible for further appointment to such board until two (2) years after the expiration of the second term; provided, appointments made prior to the effective date of this Ordinance shall not be counted in determining eligibility for appointment hereunder.

Members of such board shall receive no compensation for their services but shall be allowed their actual and necessary expenses in attending meetings and in carrying out their duties as members.

SECTION TWO. All other provisions of Charter Ordinance No. 7 in conflict with this amendatory Ordinance are hereby repealed; otherwise all of the provisions of Charter Ordinance No. 7 are ratified and confirmed.

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

SECTION FOUR. This amendatory Charter Ordinance 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 AND ORDAINED by the Governing Body, not less than two-thirds ( 2/3 ) of the members-elect voting in favor thereof, this 19th day of May, 1987.

CHARTER ORDINANCE NO. 90-7-C013

A CHARTER ORDINANCE EXEMPTING THE CITY OF ARKANSAS CITY, KANSAS, A MUNICIPAL CORPORATION OF THE SECOND CLASS, FROM THE PROVISIONS OF K.S.A. 79-5028 AS AMENDED BY 1990 HOUSE BILL NO. 2700, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

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

SECTION ONE. The City of Arkansas City, Kansas, a municipal corporation of the second class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, and as provided by K.S.A. 79-5036(a) as amended by 1990 House Bill NO. 2700, hereby elects to exempt itself from the provisions of K.S.A. 79-5028, as amended by 1990 House Bill No. 2700. K.S.A. 79-5028 as amended was part of an enactment as properly known as the Kansas Property Tax Lid Law, which enactment applies to this City but does not apply uniformly to all cities.

SECTION TWO. The following is hereby substituted for the provisions of K.S.A. 79-5028, as amended:

THE PROVISIONS OF K.S.A. 79-5021 TO 79-5035, INCLUSIVE, AND AMENDMENTS THERETO, SHALL NOT LIMIT THE LEVY OF TAXES BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, TO LEVY IN ADDITION TO THE MAXIMUM TAX LEVY NOW AUTHORIZED BY LAW, AD VALOREM TAXATION UPON ALL TAXABLE, TANGIBLE PROPERTY WITHIN ITS JURISDICTION TO GENERATE $300,000 FOR TAXABLE YEAR 1991 TO ASSIST IN THE PAYMENT OF OPERATIONAL EXPENSES, CAPITAL OUTLAY, AND BONDED INDEBTEDNESS OF THE ARKANSAS CITY MEMORIAL HOSPITAL UPON REQUEST AND APPROVAL OF THE CITY COMMISSION.

THE AMOUNT PRODUCED FROM THE TAXES LEVIED FOR HOSPITAL PURPOSES AS SPECIFIED ABOVE, SHALL NOT BE USED IN COMPUTING ANY AGGREGATE LIMITATION APPLICABLE TO THE CITY; IN ADDITION, AMOUNTS NEEDED TO BE PRODUCED FROM THE LEVY OF TAXES TO REPLACE THE DIFFERENCE BETWEEN THE AMOUNT OF REVENUE ESTIMATED TO BE RECEIVED FROM SPECIAL VEHICLE TAXES, PURSUANT TO K.S.A. 79-5101, IN 1990, AND THE AMOUNT OF SUCH REVENUE ESTIMATED TO BE RECEIVED IN EACH YEAR THEREAFTER MAY BE LEVIED BY THE CITY.

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

SECTION FOUR. This is a Charter Ordinance which shall take effect 61 days after its final publication unless a sufficient petition for a referendum is filed, and a referendum is held on the ordinance provided in Article 12, Section 5(c)(3) of the Constitution of the State of Kansas and all acts amendatory thereof and supplemental thereto, in which case the Charter 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 ) of the members elect voting in favor thereof.

PASSED AND ORDAINED this 3rd day of July, 1990.

CHARTER ORDINANCE NO. 90-12-C.O.-14

A CHARTER ORDINANCE EXEMPTING THE CITY OF ARKANSAS CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 68-584, AND PROVIDING FOR SUBSTITUTE PROVISIONS ON THE SAME SUBJECT RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS TO PAY FOR CERTAIN ROAD IMPROVEMENTS.

WHEREAS, Article 12, Section 5 of the Kansas Constitution provides that any city may by charter ordinance elect that the whole or any part of any enactment of legislature applying to said city, other than enactments of statewide concern applicable uniformly to all cities, other enactments applicable uniformly to all cities, and enactments prescribing the limits of indebtedness, shall not apply to such city; and

WHEREAS, the City of Arkansas City, Kansas (the "City") deems it necessary to exempt itself from and provide substitute provisions of a portion of an enactment of the legislature that is applicable to the City but is not applicable uniformly to all cities.

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

SECTION 1. The City of Arkansas City, Kansas (the "City"), pursuant to Article 12, Section 5 of the Kansas Constitution, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 68-584, and provide substitute provisions as hereinafter set forth in this Charter Ordinance; such statute being applicable to the City, but part of an enactment (L. 1981, ch. 173), which is not uniformly applicable to all cities.

SECTION 2. If the governing body of the City determines that any of the costs incurred or to be incurred by the City in carrying out the provisions of K.S.A. 68-581, 68-582 and 68-583, and amendments thereto, in relation to any street, road or highway should be paid by moneys derived from the issuance of general obligation bonds of the City, the Governing Body may issue such bonds for such purpose or purposes. Bonds issued under the provisions of this Charter Ordinance not exceeding 2% of the assessed valuation of the City shall not be subject to or be included in computing limitations upon bonded indebtedness of the City prescribed under the provisions of Article 3 of Chapter 10 of the Kansas Statutes Annotated and amendments thereto.

SECTION 3. This Charter Ordinance shall be published once each week for two consecutive weeks in the official City newspaper and shall take effect 61 days after final publication, unless a petition signed by a number of electors of the City equal to not less than ten percent of the number of electors who voted at the last preceding regular city election shall be filed in the office of the City Clerk and a referendum on this Charter Ordinance is conducted as provided in Article 12, Section 5 of the Kansas Constitution, in which case the Charter Ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED AND APPROVED by the Governing Body of the City of Arkansas City, Kansas, on December 18, 1990.

CHARTER ORDINANCE NO. 93-11-14

A CHARTER ORDINANCE PARTIALLY EXEMPTING THE CITY OF ARKANSAS CITY FROM THE PROVISIONS OF THE WATER POLLUTION ACT AS CONTAINED IN K.S.A. 12-3101 ET SEQ. BY PROVIDING ADDITIONAL PROVISIONS RELATING TO THE ESTABLISHMENT, OPERATION, AND MAINTENANCE OF A STORM WATER UTILITY THEREBY ADDING CHAPTER 14.06 TO THE ARKANSAS CITY MUNICIPAL CODE.

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

SECTION ONE. The City of Arkansas City, 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 partially exempt itself from the provisions of the Water Pollution Act as contained in K.S.A. 12-3101 et seq. by providing additional provisions relating to the establishment, operation, and maintenance of a Storm Water Utility thereby adding Chapter 14.06 creating a Storm Water Utility to read as follows:

14.06 Storm Water Utility

Sections:

14.06.010 Creation of Storm Water Utility.

14.06.020 Program Responsibility

14.06.030 Operating Budget

14.06.040 Fee Schedule Established

14.06.050 Storm Water Utility Fund

14.06.010 Creation of Storm Water Utility.

There is hereby established a Storm Water Utility, the purpose of which is to assist the City of Arkansas City in its responsibility for the operation, construction, maintenance, and repair of storm water drainage system facilities to provide adequate systems of collection, conveyance, detention, treatment, and release of storm water and the reduction of potential hazards to property and life resulting from storm water runoff.

14.06.020 Program Responsibility.

The City Manager of the City of Arkansas City shall be empowered to administer the Storm Water Utility and may delegate such duty and responsibility as is necessary to carry out the provisions of this Ordinance within the limits of the budget, directives, and storm drainage regulations adopted by the City Commission for this utility, the City Manager or his designee shall have the following responsibilities:

(1)

To develop a plan for construction, operation, reconstruction, repair and maintenance of the various facilities that make up the City's storm drainage system including but not limited to curbs and gutters, storm drain inlets, storm drain pipes, ditches, culverts, canals, detention basins, berms and levees;

(2)

To develop a recommended five (5) year capital plan for needed improvements to existing facilities or new facilities;

(3)

To carry out a program of work as adopted by the City Commission;

(4)

To enforce all regulations pertaining to storm water including the retention of or discharge from private property;

(5)

Review private systems as necessary to determine the compliance of such systems with this Ordinance;

(6)

Advise the Mayor, City Commission, and staff on matter relating to this utility;

(7)

Prepare and review a comprehensive drainage plan for the City of Arkansas City;

(8)

Review plans and approve, deny, inspect, and accept extensions and connections to the system.

14.06.030 Operating Budget.

The City shall adopt an operating budget for each fiscal year. The operating budget shall set forth for each fiscal year the estimated revenues and the estimated costs for operations and maintenance extension, replacement, and debt service. The initial operating budget shall be for the fiscal year commencing January 1, 1995.

14.06.040 Fee Schedule Established.

(1)

There is hereby imposed the following storm water fees:

(a)

Residential customers of the City: $1.00 per month.

(b)

Commercial and business customers of the City: $4.00 per month.

(2)

All accounts payable to the City for Storm Water Utility shall be included within the monthly billing for water and other services provided by the City; the bill is due and payable upon receipt. Those accounts not paid within fifteen (15) days shall be deemed delinquent and a 4% penalty thereon shall be assessed; the amount thereof shown on the face of the initial bill. For those accounts not paid in full on or before the 25th day of the month following the billing date, all accounts and charges currently owned shall become immediately due and shall be deemed delinquent.

(3)

Service at other locations or new service to any address may be refused by the City until the previous delinquent account, as indexed against the new customer, are paid in full; should officials of the City become aware of service to an existing account which is delinquent for nonpayment at another address, existing service may be terminated, upon compliance with the sections of the code pertaining to notice and opportunity for hearing (see Chapter 14.04.191 et seq.)

14.06.050 Storm Water Utility Fund.

(1)

All Storm Water Utility fees collected shall be paid into an Enterprise Fund which is hereby created to be known as the Storm Water Utility Fund. Such funds shall be used for the purpose of paying the costs of operation, construction, reconstruction, repair and maintenance of the storm water facilities of the City and to carry out all other purposes of this utility. To the extent that the Storm Water Utility fees collected are insufficient to construct the needed storm water drainage facilities, the costs of same may be paid from such City funds as may be determined by the City Commission, but the City may order reimbursement of such fund if additional fees are thereafter collected. When the fund has surplus dollars on hand in excess of current needs, the surplus dollars shall be invested to return the highest yield consistent with proper safeguards. Any interest earned on invested surplus dollars shall be placed in the Storm Water Utility fund.

(2)

The fees and charges paid and other income received shall not be used for general or other governmental or proprietary purposes of the City.

(3)

Nothing in this Chapter shall be so construed as to limit or restrict the planning, engineering, construction, reconstruction, repair, operation, or maintenance of storm water facilities through other means including but not limited to other City fees and taxes, grants, special improvement districts, contributions from other agencies, interlocal cooperation agreements, or private contributions.

SECTION TWO. Any provisions of the existing City Code inconsistent or in conflict with the provisions of this amendatory Ordinance are hereby repealed to the extent of any such conflict; otherwise, all other provisions of the Code are hereby ratified and confirmed.

SECTION THREE. The City Clerk shall make proper publication of this Charter Ordinance once each week for two (2) consecutive weeks in the official City newspaper. This Charter Ordinance will take effect 61 days after final publication unless a sufficient Petition for a referendum is filed requiring a referendum to be held on this Ordinance as provided in Article 12, Section 5(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 BY THE GOVERNING BODY NOT LESS THAN TWO-THIRDS ( 2/3 RDS) OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF, this 2nd day of November, 1993.

CHARTER ORDINANCE 94-12-0015

A CHARTER ORDINANCE AMENDING IN PART SECTION THREE OF CHARTER ORDINANCE NO. 7 AS SUBSEQUENTLY AMENDED BY CHARTER ORDINANCE NO. 12, DULY ADOPTED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY AND PERTAINING TO THE NUMBER OF TRUSTEES TO BE APPOINTED THE GOVERNING BODY OF THE ARKANSAS CITY MEMORIAL HOSPITAL AND THE MANNER OF APPOINTMENT.

WHEREAS, the City of Arkansas City, Kansas, a Municipal Corporation of the Second Class, has, by Charter Ordinance No. 7 adopted January 20, 1981, in accordance with Article 12, Section 5 of the Constitution of the State of Kansas, exempted itself from the Statutory restrictions and provisions of K.S.A. 14-644 and all acts amendatory thereof or supplemental thereto, said Statute not uniformly applicable to all Cities of the State or to classes of cities as established by the Kansas legislature imposing this particular Statute and, accordingly, such Statute is subject to amendment by Home Rule Authority and, in exercise of Home Rule Authority, the City has provided substitute and additional provisions for the management and governance of the Arkansas City Memorial Hospital; and

WHEREAS, the City of Arkansas City, Kansas, a Municipal Corporation of the Second Class, has, by Charter Ordinance No. 12 adopted May 19, 1987, in accordance with Kansas law, authorized the increase of the number of Trustees to govern said Arkansas City Memorial Hospital from seven (7) members to nine (9) members and in connection therewith altered the terms of service for said Trustees; and

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

SECTION ONE. Paragraphs A and B of Section Three of Charter Ordinance No. 7, adopted January 20, 1981 and subsequently amended by Charter Ordinance No. 12, adopted May 19, 1987, is hereby amended to read as follows:

SECTION THREE: BOARD OF TRUSTEES. The Board of Trustees shall consist of the following:

The Governing Body shall appoint nine (9) Trustees chosen from citizens of said City with reference to their fitness for such office who shall constitute a Board of Trustees for the Arkansas City Memorial Hospital. At no time shall more than two (2) members of the Board of Trustees be physicians.

In addition, the Chief of the Medical Staff of the Hospital shall be an advisory member of the Board of Trustees with voting privileges. The Chief of the Medical Staff shall be considered in regard to the limitations imposed for number of physician members of the Board of Trustees.

In addition, the City Manager or his designee shall be an advisory member of the Board of Trustees serving without voting privileges.

Said Trustees shall hold their offices until April 1 of the year their appointment is scheduled to expire or until their successors are appointed and qualified.

Trustees appointed subsequent to the enactment of Charter Ordinance No. 7 are appointed for a primary term of four (4) years, thereby creating continuity of experience and leadership by staggering the expiration of such terms of appointment.

Any Trustee who has served a full term of appointment of four (4) years and who indicates a willingness to serve an additional appointment of four (4) years shall be reappointed unless:

(1)

The Mayor provides written Notice to the Chairman of the Board of Trustees of the hospital and to the City Commissioners, with good cause shown, at least thirty (30) days prior to the date the appointment is scheduled to expire, his/her intention to not so reappoint; or

(2)

The Trustee has failed to comply with requirements of the By-Laws of the Board of Trustees during his/her term of appointment.

Any vacancy in the membership of the Hospital Board of Trustees shall be filled by:

(1)

Recommendation of the Hospital Board of Trustees;

(2)

Nomination of the Mayor; and

(3)

Ratification of the City Commission for the unexpired term.

No person who has been appointed for two (2) consecutive four (4) year terms to the Board of Trustees of the Hospital shall be eligible for further appointment until two (2) years after the expiration of the second term.

Trustees shall receive no compensation for their services but shall be allowed their actual and necessary expenses in attending meeting and carrying out their duties as members of the Board of Trustees.

SECTION TWO. All other provisions of Charter Ordinance No. 7 in conflict with this amendatory Ordinance are hereby repealed; otherwise the provisions of Charter Ordinance No. 7 are ratified and confirmed. Charter Ordinance No. 12 is hereby superseded by this Amendatory Ordinance.

SECTION THREE. This Amendatory Charter Ordinance shall be published once (1) time each week for two (2) consecutive weeks in the official City newspaper.

SECTION FOUR. This Amendatory Charter Ordinance 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 AND ORDAINED by the Governing Body, not less than two-thirds ( 2/3 rds) of the members-elect voting in favor thereof, this 20th day of December, 1994.

CHARTER ORDINANCE NO. 16

CHARTER ORDINANCE NO. 2005-05-C017

A CHARTER ORDINANCE EXEMPTING THE CITY OF ARKANSAS CITY, KANSAS, A MUNICIPAL CORPORATION OF THE SECOND CLASS, FROM CERTAIN STATUTORY PROVISIONS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING TO THE LEVY OF A TRANSIENT GUEST TAX FOR TOURISM AND CONVENTIONS.

WHEREAS, K.S.A. 12-1696 to 12-16,101, inclusive, authorizes a levy by cities of a transient guest tax, which provisions are not uniformly applicable to all cities; and

WHEREAS, pursuant to Article 12, Section 5 of the Constitution of the State of Kansas, cities may exempt themselves from such provisions and provide substitute and additional provisions therefore.

NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

SECTION ONE. The City of Arkansas City, Kansas, a municipal corporation of the second class, 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. 12-1696 to 12-16,101, inclusive, except and deleting from the charter ordinance subsection (c) of K.S.A. 12-1697, subsections (a), (b), (c) of K.S.A. 12-1698, and where exempt to provide substitute and additional provisions as hereinafter set forth in this ordinance. The referenced provisions are either enactments or parts whereof which are applicable to this city, but are not applicable uniformly to all cities.

SECTION TWO. As used in this Ordinance, the following words and phrases shall be defined as follows:

(a)

"Person" means an individual, firm, partnership, corporation, joint venture or other association of persons.

(b)

(c)

"Transient guest" means a person who occupies a room in a hotel or motel for not more than 28 consecutive days.

(d)

"Hotel or motel business" means any person engaged in the business of renting, leasing or letting quarters, sleeping accommodations, rooms or a part thereof in connection with any hotel or motel.

(e)

"Tourism" means the practice of touring or traveling for recreation, business or education.

(f)

"Touring" means a trip, excursion or circular journey for business, recreation or education.

SECTION THREE. A transient guest tax shall be levied in the City of Arkansas City, Kansas, at 6 percent upon the gross rental receipts derived from or paid by transient guests for lodging or sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel or motel.

SECTION FOUR. The transient guest tax levied pursuant to this ordinance shall be based upon the gross rental receipts collected by any hotel or motel doing business within the corporate limits of City.

SECTION FIVE. The tax levied pursuant to this ordinance shall be paid by the consumer or user to the hotel or motel business and it shall by the duty of each and every such business to collect from the consumer or user the full amount of any such tax, or an amount equal as nearly possible or practicable to the average equivalent thereto. Each hotel or motel business collecting the tax levied hereunder shall be responsible for paying it over to the State Department of Revenue in the manner prescribed by K.S.A. 12-1698, an any amendments thereto, and the State Department of Revenue shall administer and enforce the collection of such tax as provided therein.

SECTION EIGHT. Moneys in the "Tourism and Convention Fund" shall only be expended as follows:

(a)

(b)

(c)

Such funds may be used:

(1)

To operate or contract with any agency, organization or group of firms to operate a bureau to promote conventions and tourism within the City and its environs;

(2)

To provide for the operation, maintenance, expansion or development of City facilities connected with convention and tourism;

(3)

To defray the cost of providing municipal services to convention and tourism functions, including police, fire, street department or park and recreation department functions;

(4)

To create innovative projects and activities promoting conventions and tourism;

(5)

To promote the general economic welfare of the City and its environs, including the attraction of industry;

(d)

All expenditures of such funds shall be paid to vendors of services or materials through the City offices in the same manner as other City operating accounts.

SECTION TEN. Membership on the committee shall be as follows:

One Member and Chairman	A member of the City Commission
2 Members	Public at Large
1 Member	Chamber of Commerce Representative
3 Members	Owners or operators of Hotels, Motels or related business or tourist attractions

SECTION ELEVEN. That the City of Arkansas City shall have authority to contract for the expenditure monies from the Tourism and Convention Fund.

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

SECTION THIRTEEN. This is a Charter Ordinance which shall take effect 61 days after its final publication unless a sufficient petition for a referendum is filed, and a referendum is held on the ordinance provided in Article 12, Section 5©(3) of the Constitution of the State of Kansas and K.S.A. 12-137 and all acts amendatory thereof and supplemental thereto, 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 ) of the members elect voting in favor thereof.

All provisions of Charter Ordinance No. 9, as amended by Charter Ordinance 9-A, 9-B, and 9-C, as adopted by the Governing Body June 3, 1986, September 2, 1986, August 16, 1988, and May 2, 1989, are hereby repealed.

PASSED AND ORDAINED by the Governing Body of the City of Arkansas City this 17th day of May 2005.

CHARTER ORDINANCE NO. 18

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY, KANSAS, EXEMPTING SUCH CITY FROM THE PROVISIONS OF K.S.A. 12-1758 AND K.S.A. 12-1767 RELATING TO PUBLIC BUILDING COMMISSIONS AND THE ISSUANCE OF REVENUE BONDS THEREBY, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO.

WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the "Act") provides that cities may exercise certain home rule powers, including adopting charter ordinances which exempt such cities from enactments of the Kansas Legislature; and

WHEREAS, the City of Arkansas City, Kansas (the "City") is a city, as defined in the Act, duly created and organized under the laws of the State of Kansas (the "State"); and

WHEREAS, K.S.A. 12-1758 and K.S.A. 12-1767 are a part of an enactment of the Kansas Legislature (K.S.A. 12-1757, et seq. ) relating to public building commissions and the issuance thereby of revenue bonds, which enactment is applicable to the City but is not uniformly applicable to all cities within the State; and

WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 12-1758 and K.S.A. 12-1767, and to provide substitute and additional provisions therefor in order to provide (a) additional and alternative methods for financing certain public buildings and facilities in the City; and (b) an alternative method of authorizing the issuance of revenue bonds.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AS FOLLOWS:

Section 1. Exemption-K.S.A. 12-1758. 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. 12-1758 and does hereby provide the following substitute and additional provisions in place thereof:

(a)

The City, by appropriate ordinance, may create a public building commission for any one or more of the purposes of acquiring fee simple title or a leasehold interest in one or more sites, and of constructing, reconstructing, equipping and furnishing, or purchasing or otherwise acquiring, one or more buildings or other facilities of any kind which are of a revenue producing character, including indoor and outdoor parking, health care and recreational facilities, and including any type of equipment in relation to any of the foregoing. Any such sites, buildings, facilities or equipment shall be maintained and operated for any public purpose by any city, county or school district, by any federal governmental agency or instrumentality, by the State of Kansas or any agency or instrumentality thereof, by any other municipal or quasi-municipal corporation, political subdivision or body politic or agency or instrumentality thereof, or by any non-profit corporation organized under the laws of the State of Kansas.

(b)

A public building commission created by the City may acquire fee simple title or a leasehold interest in land, buildings and facilities adjacent to or near any educational institution under the supervision and/or control of the state board of regents or may acquire by lease land, buildings and facilities constituting a part of the campus of any such institution. Any public building commission may construct, reconstruct, equip and furnish such buildings or facilities on such land and lease such land, buildings and facilities to the official governing body of such institution. Any such lease entered into shall pledge the net revenue from such land, buildings and facilities.

Section 2. Exemption-K.S.A. 12-1767. 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. 12-1767 and does hereby provide substitute and additional provisions in place thereof as follows:

(a)

Any revenue bonds proposed to be issued by a public building commission created by the City shall be issued as provided in K.S.A. 10-1201 et seq., and amendments thereto, except to the extent that such statutes are in conflict with K.S.A. 12-1757 et seq., as amended by this Charter Ordinance. Before any revenue bonds are authorized or issued under the provisions of K.S.A. 12-1757, et seq., as amended by this Charter Ordinance, the public building commission shall adopt a resolution specifying the amount of such bonds and the purpose of the issuance thereof.

(b)

The resolution adopted by such public building commission shall be published one time in the official City newspaper and in a newspaper having general circulation in the county where the City is located if the lease is with such county or a school district located within such county. The resolution shall become effective upon such publication(s). If the public building commission intends to enter into a lease with a county or school district the resolution shall contain, and if the public building commission is entering into a lease with the City or any other authorized entity the resolution may contain, a provision that if within 30 days after the last required date of publication of the resolution, a petition in opposition to the resolution, signed by not less than 5% of the electors of the City, or 5% of the electors of the county or school district if the lease is with such entities, is filed with the Clerk of the City, the public building commission shall not have the authority to issue such bonds until such question is submitted by the election officer of the county where the City is located to the electors of the entity proposing to enter into the lease with the public building commission at an election called for that purpose or at the next general election. As an alternative to the foregoing, the resolution may require that the public building commission shall not have the authority to issue such bonds until such question is submitted by the election officer of the county where the City is located to the electors of the entity proposing to enter into the lease with the public building commission at an election called for that purpose or at the next general election. Any such election shall be conducted in the manner set forth in K.S.A. 10-120.

(c)

No construction contract shall be let or approved by a public building commission until after the publication of the resolution adopted pursuant to subsection (a) hereof, or if such resolution contains a provision requiring a provision for protest or an election, upon the expiration of the protest period or a successful election, if required, as provided under subsection (b) hereof.

Section 3. 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 or section of this Charter Ordinance. In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision or section had not been contained herein.

Section 4. 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 a purpose.

PASSED by the governing body of the City by not less than two-thirds of the members-elect of the governing body on July 1, 2008 and signed by the Mayor.

CHARTER ORDINANCE NO. 19

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY, KANSAS, REPEALING CHARTER ORDINANCE 8 AND 8A, AND EXEMPTING SUCH CITY FROM THE PROVISIONS OF K.S.A. 12-1220 RELATING TO LIBRARIES, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO.

WHEREAS, the City of Arkansas City, Kansas (the "City") is a city, as defined in the Act, duly created and organized under the laws of the State of Kansas (the "State"); and

WHEREAS, K.S.A. 12-1220 is a part of an enactment of the Kansas Legislature (K.S.A. 12-1218, et seq. ) relating to libraries, which enactment is applicable to the City but is not uniformly applicable to all cities within the State; and

WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 12-1220, and to provide substitute and additional provisions therefor in order to provide a mill levy limitation to operate the City library.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AS FOLLOWS:

Section 1. Exemption-K.S.A. 12-1220. 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. 12-1220 and does hereby provide the following substitute and additional provisions in place thereof (modifications to the statutory language in italics):

The governing body of any municipality may by resolution, and shall, upon presentation of a petition signed by ten percent (10%) of the qualified electors of such municipality determined upon the basis of the total vote cast for the secretary of state at the last preceding general election, cause to be submitted to the voters of such municipality at the first local or general election thereafter, or if the petition so requires, at a special election called for that purpose, the question of the establishment and maintenance of a library by such municipality. If a majority of the votes cast at such election on such proposition shall be in the affirmative, the governing body shall forthwith establish such library and is hereby authorized to and shall annually levy a tax for the maintenance and employee benefits of such library in such sum as the library board shall determine within the limitations fixed by law, but in no event shall the amount of such levy exceed six mills, and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.

Such tax shall be levied and collected in like manner as other taxes of the municipality and, except for an amount to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, shall be kept in a separate fund to be known as the library fund of such municipality. If the territory of the municipality includes another municipality which is then maintaining a library, the proposition to establish a library by the larger municipality shall not be voted upon by the residents of the included municipality, nor shall a levy to establish or maintain such library be assessed against property therein, unless the library board and governing body of the included municipality shall give notice in writing that they desire to participate in the library to be established and to pay the tax for the establishment and maintenance thereof as other parts of the municipality establishing such library.

Section 2. Repeal. As the mandates contained in Section 1 conflict with the mandates contained in Charter Ordinance 8 and 8A, and the statute modified by those Charter Ordinances has been repealed by the State of Kansas, those Charter Ordinances are hereby repealed in full.

Section 3. Non-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, this entire Ordinance shall be invalid.

PASSED by the governing body of the City by not less than two-thirds of the members-elect of the governing body on August 5, 2008 and signed by the Mayor.

CHARTER ORDINANCE NO. 20

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY, KANSAS, EXEMPTING SUCH CITY FROM THE PROVISIONS OF K.S.A. 12-1222 RELATING TO LIBRARIES, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO.

WHEREAS, the City of Arkansas City, Kansas (the "City") is a city, as defined in the Act, duly created and organized under the laws of the State of Kansas (the "State"); and

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AS FOLLOWS:

Section 1. Exemption-K.S.A. 12-1222. 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. 12-1222 and does hereby provide the following substitute and additional provisions in place thereof (additions to the statutory language in italics; deletions to the statutory language struck through):

Upon the establishment of a library under this act the official head of a municipality shall appoint, with the approval of the governing body, a library board for such library. In the case of a city library seven members shall be appointed, one for a term expiring the first April 30 following date of appointment, two for terms expiring the second April 30 following date of appointment, two for terms expiring the third April 30 following date of appointment, and two for terms expiring the fourth April 30 following date of appointment. In addition to the se appointed members of the board, the official head of the municipality one Commissioner of the Board of Commissioners, upon appointment by the official head of the municipality and approval by the governing body, shall be ex officio a member of the library board with the same powers as appointed members, but no person holding any office in the municipality, other than a commissioner, shall be appointed a member while holding such office.

Upon the expiration of the terms of members first appointed succeeding members shall be appointed in like manner for terms of four years. Members of library boards holding office at the effective date of this act shall continue to hold their offices until April 30 following the expiration of the terms for which appointed, and on or before May 1 following the first expiration of a term a sufficient number shall be appointed by the official head of the municipality with the approval of the governing body for terms of four years to constitute a library board of the number of members prescribed by this act.

All members appointed to a library board shall be residents of the municipality. Vacancies occasioned by removal from the municipality, resignation or otherwise, shall be filled by appointment for the unexpired term. No person who has been appointed for two consecutive four-year terms to a library board shall be eligible for further appointment to such board until one year after the expiration of the second term. Appointments made prior to the effective date of this act shall not be counted in determining eligibility for appointment hereunder. Members of library boards shall receive no compensation for their services as such but shall be allowed their actual and necessary expenses in attending meetings and in carrying out their duties as members.

Any member of the library board may be removed by the governing body for any one of the following:

Refusal to comply with library by-laws, library rules and regulations, or applicable statute or municipal law regarding the library;

Violation of the fiduciary duty owed to the library by the member;

Conviction of a misdemeanor or felony; or

Absence for three (3) consecutive regular meetings of the library board, or absence for six (6) regular meetings of the library board within a one-year period.

Section 2. Repeal. To the extent this Charter Ordinance conflicts with any prior legislation adopted by the City, the conflicting provisions of any and all prior legislation are hereby repealed in full.

PASSED by the governing body of the City by not less than two-thirds of the members-elect of the governing body on November 18, 2008 and signed by the Mayor.

CHARTER ORDINANCE NO. 21

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY, KANSAS, AMENDING PROVISIONS OF CHARTER ORDINANCES 7, 12, AND 15 REGARDING THE CITY-OWNED HOSPITAL, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO, AND MODIFYING MUNICIPAL CODE TO SO REFLECT.

WHEREAS, the City of Arkansas City, Kansas (the "City") is a city, as defined in the Act, duly created and organized under the laws of the State of Kansas (the "State"); and

WHEREAS, K.S.A. 14-644 is a part of an enactment of the Kansas Legislature relating to hospitals, which enactment is applicable to the City but is not uniformly applicable to all cities within the State; and

WHEREAS, the Governing Body of the City previously adopted Charter Ordinances 7, 12, and 15 modifying the application of K.S.A. 14-644 and creating Municipal Code governing the hospital; and

WHEREAS, the Governing Body of the City desires, by charter ordinance, to provide substitute and additional provisions to Municipal Code regarding the City hospital.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AS FOLLOWS:

Section 1. Exemption-K.S.A. 14-644. The City, by the power vested in it by the Act, has previously elected to exempt itself from and make inapplicable to it the provisions of K.S.A. 14-644, and provided substitute and additional provisions in place thereof. The City desires to provide additional substitute and additional provisions, by modifying Municipal Code created by previous Charter Ordinance.

Section 2. The Governing Body of the City of Arkansas City hereby modifies Municipal Code Section 2.77.010, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

2.77.010 Exemption from state statutes.

The City of Arkansas City, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, elects to exempt itself from and make inapplicable to it, Kansas Statutes Annotated 14-644 as amended, and to provide substitute and additional provisions for the management of the City-owned hospital the Arkansas City Memorial Hospital as hereinafter set forth in the Charter ordinance codified in this chapter. Kansas Statutes Annotated 14-644 is a part of an enactment of the legislature of the State of Kansas applicable to this City, but not uniformly applicable to all cities, nor has the legislature established classes of cities imposing this restrictive statutory language under said constitutional provision.

Section 3. The Governing Body of the City of Arkansas City hereby modifies Municipal Code Section 2.77.020, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

2.77.020 Power and authority of Board.

The power, authority and control of the City-owned hospital Arkansas City Memorial Hospital and Nurses Training School shall be vested in a Hospital Board of Trustees and chief executive officer pursuant to the provisions hereinafter set forth in this chapter.

Section 4. The Governing Body of the City of Arkansas City hereby modifies Municipal Code Section 2.77.030, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

2.77.030 Board of Trustees—Organization—Powers.

A. The Board of Trustees shall consist of the following:

1. The Governing Body shall appoint seven (7) nine (9) trustees, one of whom shall be the Chief of the Medical Staff, and the remaining six chosen from citizens of said City with reference to their fitness for such office, who shall constitute a Board of Trustees for the City-owned hospital the Arkansas City Memorial Hospital . At no time shall more than two (2) members of the Board of Trustees be physicians. The Chief of the Medical Staff shall be considered in regard to the limitations imposed physicians for number of physician members of the Board of Trustees.

2. In addition, t T he Chief of the Medical Staff Executive Officer of the Hospital shall be an advisory member of the Board of Trustees with out voting privileges. The chief of the Medical Staff shall be considrfed in regard to the limitations imposed for number of physician members of he Board of Trustees.

3. In addition, t T he City Manager or his or her designee shall be an advisory member of the Board of Trustees serving without voting privileges.

4. A member of the City Commission shall be an advisory member of the Board of Trustees serving without voting privileges.

B. Said trustees shall hold their offices until April 1st of the year their appointment is scheduled to expire or until their successors are appointed and qualified.

1. Trustees appointed subsequent to the enactment of Charter Ordinance No. 7 are appointed for a primary term of four (4) years, thereby creating continuity of experience and leadership by staggering the expiration of such terms of appointment.

2. Any trustee who has served a full term of appointment of four (4) years and who indicates a willingness to serve an additional appointment of four (4) years may shall be reappointed. unless: i. The Mayor provides written notice to the Chairman of the Board of Trustees of the hospital and to the City Commissioners, with good cause shown, at least thirty (30) days prior to the date the appointment is scheduled to expire, his/her intention to not so reappoint; or ii. The trustee has failed to comply with requirements of the bylaws of the Board of Trustees during his/her term of appointment.

3. Any vacancy in the membership of the Hospital Board of Trustees shall be filled by: (1) a written recommendation to the Mayor from the Hospital Board of Trustees, (2) review and consideration of the recommendation, (3) nomination by of the Mayor of either the recommended nominee or other qualified individual as determined by the Mayor; and (4) ratification by of the City Commission for the unexpired term .

4. Except for ex officio members of the Board, n N o person who has been appointed for two (2) consecutive four (4) year terms to the Board of Trustees of the hospital shall be eligible for further appointment until two (2) years after the expiration of the second term.

5. Trustees shall receive no compensation for their services but shall be allowed their actual and necessary expenses in attending meetings and carrying out their duties as members of the Board of Trustees.

6. Despite any provision herein regarding the term and appointment of Trustees, Trustees serve at the pleasure of the Governing Body, and may be removed with or without cause upon a vote of at least four members of the Governing Body.

C. Officers of Board; Meetings. Said Trustees shall within ten days after their appointment, qualify by taking the oath of civil officers and meet and organize by the annual election of a chairman, a secretary and a treasurer and such other officers as they may deem necessary. No bond shall be required of any officer except the treasurer, to be approved by the Governing Body and filed in the office of the City Clerk.

1. The Board shall fix the date and place of its regular meetings which shall occur at least once each month. Special meetings may be called by the chairman or upon written request of a majority of the members; a complete record of all proceedings whether regular or special shall be maintained. Written notice, stating the time and place of any special meeting and the purpose for which called, shall, unless waived, be given each member of the Board at least two (2) days in advance of such meeting, and no business other than that stated in the notice shall be transacted at such meeting.

D. Trustees' Powers. The Board of Hospital Trustees shall:

1. Make and adopt such bylaws, rules and regulations for their own guidance and for the government of the hospital as may be deemed expedient for the economical and proper conduct thereof not inconsistent with the laws of the State of Kansas or the ordinances of this City; all physicians, nurses, attendants, the persons sick therein and all persons approaching or coming within said hospital and/or nurses training school , and all furniture and other articles used or brought there, shall be subject to such rules and regulations;

2. Unless otherwise established by applicable law, h H ave exclusive control of the expenditure of all moneys collected to the credit of the hospital fund and the purchase of site or sites, the purchase or construction of any hospital building or buildings and of the supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased, or set apart for that purpose; provided, that all money received for such hospital shall be deposited in the treasury of the Board of Trustees and paid out only by claims and warrants or warrant checks as provided by Kansas Statutes Annotated 10-801 et seq., and 12-105a and 12-105b, as amended and supplemented;

3. Have the power to appoint a suitable administrator or chief executive officer, and necessary assistants, or employ a hospital management team, fix his or her their compensation, and shall have the power to remove such appointee s , and to approve or disapprove the actions of said appointee do all and everything necessary to properly conduct said hospital ;

4. Establish and fund pension and deferred compensation plans for hospital employees and procure contracts insuring hospital employees, their dependents, or any class or classes thereof under a policy or policies of life, disability income, health, accident, accidental death and dismemberment, hospital surgical and medical expense insurance and workers' compensation insurance. The employee's contribution, if any, to the plan and the premium for such insurance may be deducted by the employer from the employee's salary upon written consent of the respective employee, when such contribution and deduction is not required by law;

5. File with the Governing Body of the City a quarterly report and an annual report no later than thirty days after the end of the relevant period, of the proceedings with reference to such hospital and a statement of all receipts and expenditures during that period the year , and shall at such time certify the amount necessary to maintain, equip and improve said hospital for the ensuing year;

6. For the benefit of all inhabitants of said City, and any person falling sick or being injured or maimed, establish and fix a reasonable compensation for occupancy, nursing, care, medicine and attendants, which compensation may be adjusted from time to time as the trustees may determine or applicable state or federal laws may dictate; and

7. Have authority to expend funds deemed necessary in recruitment of professional staff.

E. Eminent Domain. If the Board of Hospital Trustees and the owner of any property desired by them for hospital purposes cannot agree as to the price to be paid therefor they shall report the facts to the Governing Body, which may institute and the condemnation proceedings shall be instituted by the Governing Body and prosecute d such proceedings in the name of the City by the City Attorney, as provided by law.

Section 5. The Governing Body of the City of Arkansas City hereby creates Municipal Code Section 2.77.035, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

2.77.035 Chief Executive Officer—Powers.

A. The chief executive officer or administrator (hereafter "CEO") shall serve at the pleasure of the Board of Trustees, and be responsible for the administration of all of the affairs of the City-owned hospital. The CEO shall, among other duties assigned by the Board of Trustees:

1. See that the by-laws, rules, and regulations promulgated by the Board of Trustees are enforced;

2. Appoint and remove all heads of departments, and all subordinate officers and employees of the City-owned hospital;

3. Be responsible for the discipline of all appointive officers, and may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined;

4. Prepare and submit the annual budget to the Board of Trustees and also keep the Board of Trustees fully advised as to the financial conditions and needs of the hospital; and

5. Make recommendations to the Board of Trustees on all matters concerning the welfare of the hospital, and shall have a seat, but no vote, in all of the public meetings of the Board of Trustees.

B. No member of the Board of Trustees shall directly interfere with the conduct of any department or the administration of the affairs of the hospital, except at the express direction of the Board of Trustees.

Section 6. The Governing Body of the City of Arkansas City hereby modifies Municipal Code Section 2.77.040, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

2.77.040 Leases.

The Governing Body of the City shall have the power to lease, let or rent hospital facilities, unimproved land, or other hospital structures to any person, firm, corporation or other legally organized society upon such terms and conditions, including special rates for City utilities, as the Governing Body may by resolution ordinance deem to be the best interest of the City; provided, no contract for the leasing, letting or renting of the same shall be made unless and until the terms and provisions thereof have been reviewed approved by the Board of Trustees, which shall timely issue a recommendation regarding same.

Section 7. Repeal. To the extent this Charter Ordinance conflicts with any prior legislation adopted by the City, the conflicting provisions of any and all prior legislation are hereby repealed in full.

Section 8. 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 ruling shall not affect or otherwise invalidate any other provision contained within this Ordinance.

Section 9. 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 a purpose. Once it becomes effective, please send a certified copy of this Charter Ordinance to the Kansas Secretary of State.

PASSED AND ORDAINED by the governing body of the City by not less than two-thirds of the members-elect of the governing body this 7th day of April, 2009, and signed by the Mayor.

CHARTER ORDINANCE NO. 22

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY, KANSAS, AMENDING PROVISIONS OF CHARTER ORDINANCE 17, TO CHANGE THE CHAIRMAN SELECTION OF THE CONVENTION AND TOURISM COMMITTEE.

WHEREAS, the Governing Body of the City previously adopted Charter Ordinances 9, 9-A, 9-B, 9-C, and 17 modifying the application of Kansas statute and, most notably, established the make-up of the Convention and Tourism Committee; and

WHEREAS, the Governing Body of the City desires, by charter ordinance, to provide substitute and additional provisions regarding the make-up of the Convention and Tourism Committee.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AS FOLLOWS:

Section 1. The Governing Body of the City of Arkansas City hereby modifies Section Ten of Charter Ordinance 17 to read as follows (additions in italics; deletions struck through):

SECTION TEN: Membership on the committee shall be as follows:

One Member and Chairman	A member of the City Commission
2 Members	Public at Large
1 Member	Chamber of Commerce Representative
3 Members	Owners or operators of Hotels, Motels or related business or tourist attractions

The committee shall choose its own chairman annually, and hold regular monthly meetings at a time and place to be established by them, subject to approval of the Governing Body. All meetings shall be open to the public. No member of the committee shall receive any compensation for service thereon. Any member who is absent without excuse for three consecutive regular meetings shall be deemed to have resigned and a successor shall be appointed.

Section 2. Repeal. To the extent this Charter Ordinance conflicts with any prior legislation adopted by the City, including any provision contained in Charter Ordinances 9, 9-A, 9-B, 9-C, and/or 17, conflicting provisions of any and all prior legislation are hereby repealed. Otherwise, any provision not repealed herein or by any other charter ordinance, are ratified and confirmed.

PASSED AND ORDAINED by the governing body of the City by not less than two-thirds of the members-elect of the governing body this 5th day of May, 2009, and signed by the Mayor.

CHARTER ORDINANCE NO. 23

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY, KANSAS, EXEMPTING SUCH CITY FROM THE PROVISIONS OF K.S.A. 12-1660 RELATING TO MUSEUMS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING TO THE CHEROKEE STRIP LAND RUSH MUSEUM.

WHEREAS, the City of Arkansas City, Kansas (the "City") is a city, as defined in the Act, duly created and organized under the laws of the State of Kansas (the "State"); and

WHEREAS, K.S.A. 12-1660 is a part of an enactment of the Kansas Legislature (K.S.A. 12-1658, et seq. ) relating to museums, which enactment is not mandatory and may be applicable to the City but is not uniformly applicable to all cities within the State; and

WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 12-1660, and to provide substitute and additional provisions therefor in order to provide a management structure to allow a non-profit corporation unrelated to the City to operate the Cherokee Strip Land Rush Museum.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AS FOLLOWS:

Section 1. Exemption-K.S.A. 12-1660. 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. 12-1660 and does hereby provide the following substitute and additional provisions in place thereof (modifications to the statutory language in italics):

If there is within the city or county in which such historical collection as provided in this act is established, an organized historical society or a non-profit corporation as organized under Internal Revenue Service Code 501(c)(3) organized solely for the purpose of operating a museum, such society or non-profit corporation may be designated by the governing body as supervisor or curator of such historical collection, and the governing body may provide to such society or non-profit corporation compensation, funds or reimbursements for supervising, housing, displaying, caring for and/ or maintaining such collection.

Section 2. Non-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, this entire Ordinance shall be invalid.

Section 3. 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 a purpose.

PASSED AND ORDAINED on the 1st day of March, 2011 and signed by the Mayor.

CHARTER ORDINANCE NO. 24

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY, KANSAS, AMENDING PROVISIONS OF CHARTER ORDINANCES 7, 12, 15, AND 21 REGARDING THE CITY-OWNED MEDICAL CENTER, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO, AND MODIFYING MUNICIPAL CODE TO SO REFLECT.

WHEREAS, the City of Arkansas City, Kansas (the "City") is a city, as defined in the Act, duly created and organized under the laws of the State of Kansas (the "State"); and

WHEREAS, K.S.A. 14-644 is a part of an enactment of the Kansas Legislature relating to Medical Centers, which enactment is applicable to the City but is not uniformly applicable to all cities within the State; and

WHEREAS, the Governing Body of the City previously adopted Charter Ordinances 7, 12,15, and 21 modifying the application of K.S.A. 14-644 and creating Municipal Code governing the Medical Center; and

WHEREAS, the Governing Body of the City desires, by charter ordinance, to provide substitute and additional provisions to Municipal Code regarding the Medical Center.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AS FOLLOWS:

2.77.010. Exemption from state statutes.

The City of Arkansas City, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, elects to exempt itself from and make inapplicable to it, Kansas Statutes Annotated 14-644 as amended, and to provide substitute and additional provisions for the management of the City-owned hospital Medical Center, located at 6401 Patterson Parkway, Arkansas City (hereafter the "Medical Center") as hereinafter set forth in the Charter ordinance codified in this chapter. Kansas Statute Annotated 14-644 is a part of an enactment of the legislature of the State of Kansas applicable to this City, but not uniformly applicable to all cities, nor has the legislature established classes of cities imposing this restrictive statutory language under said constitutional provision.

2.77.020. Power and authority of Board.

The power, authority and control of the City-owned hospital Medical Center, shall be vested in a Hospital Board of Trustees and chief executive officer pursuant to the provisions hereinafter set forth in this chapter.

2.77.030. Board of Trustees—Organization—Powers.

The Board of Trustees shall consist of the following:

The Board of City Commissioners Governing Body shall appoint seven (7) nine (9) trustees , one of whom shall be the Chief of the Medical Staff, and the remaining six eight chosen from citizens of said City the service area with reference to their fitness for such office , who shall constitute a Board of Trustees for the City-owned hospital Medical Center. At no time shall more than two (2) members of the Board of Trustees be physicians. The Chief of the Medical Staff shall be considered in regard to the limitations imposed for number of physician members of the Board of Trustees.

The Chief Executive Officer of the Hospital Medical Center shall be an advisory ex-officio member of the Board of Trustees without voting privileges.

T he City Manager or his or her designee shall be an advisory ex-officio member of the Board of Trustees serving without voting privileges.

A member of the Board of City Commission ers shall be an advisory member of the Board of Trustees serving without voting privileges.

Said trustees shall hold their offices until April 1st of the year their appointment is scheduled to expire or until their successors are appointed and qualified.

Any trustee who has served a full term of appointment of four (4) years and who indicates a willingness to serve an additional appointment of four (4) years may be reappointed, unless:

The Mayor provides written notice to the Chairman of the Board of Trustees of the hospital Medical Center and to the Board of City Commissioners, with good cause shown, at least thirty calendar (30) days prior to the date the appointment is scheduled to expire, his/her intention to not so reappoint; or

ii.

The trustee has failed to comply with requirements of the bylaws of the Board of Trustees during his/her term of appointment.

Any vacancy in the membership of the Hospital Medical Center Board of Trustees shall be filled by: (1) a written recommendation to the Mayor from the Hospital Medical Center Board of Trustees, (2) review and consideration of the recommendation, (3) nomination by of the Mayor of either the recommended nominee or other qualified individual as determined by the Mayor; and (4) ratification by the City Commission.

Except for ex officio members of the Board, no person who has been appointed for two (2) consecutive four (4) year terms to the Board of Trustees of the hospital Medical Center shall be eligible for further appointment until two (2) years after the expiration of the second term.

Trustees shall receive no compensation for their services but shall be allowed their actual and necessary expenses in attending meeting;i§ ..... i; and carrying out their duties as members of the Board of Trustees.

Despite any provision herein regarding the term and appointment of Trustees, Trustees serve at the pleasure of the Governing Body, and may be removed with or without cause upon a vote of at least four members of the Governing Body.

Officers of Board; Meetings. Said Trustees shall within ten days after their appointment, at the next regular meeting of the Board qualify by taking the oath of civil officers and meet and organize by the annual election of a chairman, a secretary and a treasurer and such other officers as they may deem necessary. No bond shall be required of any officer except the treasurer, to be approved by the Board of City Commissioners Governing Body and filed in the office of the City Clerk.

The Board of Trustees shall fix the date and place of its regular meetings which shall occur at least once each month. Special meetings may be called by the chairman or upon written request of a majority of the members; a complete record of all proceedings whether regular or special shall be maintained. Written notice, stating the time and place of any special meeting and the purpose for which called, shall, unless waived, be given each member of the Board at least two (2) days in advance of such meeting, and no business other than that stated in the notice shall be transacted at such meeting.

Trustees' Powers. The Medical Center Board of Hospital Trustees shall:

Make and adopt such bylaws, rules and regulations for their own guidance and for the government of the hospital Medical Center as may be deemed expedient for the economical and proper conduct thereof not inconsistent with the laws of the State of Kansas or the ordinances of this City; all physicians, nurses, attendants, persons sick therein patients and all persons approaching or coming within said hospital Medical Center, and all furniture and other articles used or brought there, shall be subject to such rules and regulations;

Unless otherwise established by applicable law, have exclusive control of the expenditure of all moneys collected to the credit of the hospital Medical Center fund and of the supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased, or set apart for that purpose; provided, that all money received for such hospital Medical Center shall be deposited in the treasury of the Board of Trustees and paid out only by claims and warrants or warrant checks as provided by Kansas Statutes Annotated 10-801 et seq., and 12-105a and 12-105b, as amended and supplemented;

Have the power to appoint a suitable administrator or chief executive officer, fix his or her compensation, remove such appointee s , and to approve or disapprove the actions of said appointee;

Establish and fund pension and deferred compensation plans for hospital Medical Center employees and procure contracts insuring hospital Medical Center employees, their dependents, or any class or classes thereof under a policy or policies of life, disability income, health, accident, accidental death and dismemberment, hospital Medical Center surgical and medical expense insurance and workers' compensation insurance. The employee's contribution, if any, to the plan and the premium for such insurance may be deducted by the employer from the employee's salary upon written consent of the respective employee, when such contribution and deduction is not required by law;

File with the Board of City Commissioners Governing Body of the City a quarterly CEO letter and financial report and an annual audit report no later than thirty days after receiving the annual audit end of the relevant period, of the proceedings with reference to such hospital and a statement of all receipts and expenditures during that period, and shall at such time certify the amount necessary to maintain, equip and improve said hospital for the ensuing year;

For the benefit of all inhabitants of said City service area, and any person falling sick or being injured or maimed Medical Center patients, establish and fix a reasonable compensation for occupancy, nursing, care, medicine and attendants, which compensation may be adjusted from time to time as the trustees may determine or applicable state or federal laws may dictate; and

Have authority to expend funds deemed necessary in recruitment of professional staff.

Eminent Domain. If the Board of Hospital Trustees of the Medical Center and the owner of any property desired by them for hospital Medical Center purposes cannot agree as to the price to be paid therefor e they shall report the facts to the Governing Body , which may institute condemnation proceedings and prosecute such proceedings in the name of the City, as provided by law.

Section 5. The Governing Body of the City of Arkansas City hereby modifies Municipal Code Section 2.77.035, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

2.77.035 Chief Executive Officer—Powers.

The chief executive officer or administrator (hereafter "CEO") shall serve at the pleasure of the Board of Trustees, and will be responsible for the operation and administration of all of the affairs of the City-owned hospital Medical Center. The CEO shall, among other duties assigned by the Board of Trustees, shall:

See that the by-laws, policies, rules, and regulations promulgated by the Board of Trustees are enforced implemented and followed.

Appoint and remove all heads of departments, and all subordinate officers and employees of the City-owned hospital;

Develop a management team and staff which promotes the Vision and Mission of the Medical Center and displays effective leadership in their areas of responsibility and whose actions result in the successful operation of the Medical Center.

Be responsible for the discipline of all appointive officers, and may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined;

Present recommendations to the Board of Trustees on all matters concerning the welfare of the Medical Center.

Prepare and submit the annual budget to the Board of Trustees and also keep the Board of Trustees fully advised as to the financial conditions and needs of the hospital Medical Center.

Make recommendations to the Board of Trustees on all matters concerning the welfare of the hospital, and shall have a seat, but no vote, in all of the public meetings of the Board of Trustees.

Develop new business opportunities to meet the healthcare needs of the medical center's market area, and to keep the Board of Trustees informed of current trends, problems, and activities in community health issues, including working with the Board of Trustees developing and revising the strategic plan.

No member of the Board of Trustees shall directly interfere with the conduct of any department or the administration of the affairs of the hospital Medical Center, except at the express direction of the Board of Trustees.

2.77.040 Leases.

The Board of City Commissioners Governing Body of the City shall have the power to lease, let or rent hospital Medical Center facilities, unimproved land, or other hospital Medical Center structures to any person, firm, corporation or other legally organized society upon such terms and conditions, including special rates for City utilities, as the Board of City Commissioners Governing Body may by resolution deem to be the best interest of the City; provided, no contract for the leasing, letting or renting of the same shall be made unless and until the terms and provisions thereof have been reviewed approved by the Board of Trustees, which shall timely issue a recommendation regarding same.

PASSED AND ORDAINED by the governing body of the City by not less than two-thirds of the members-elect of the governing body this 3rd day of April, 2012, and signed by the Mayor.

CHARTER ORDINANCE NO. 25

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY, KANSAS, REPEALING CHARTER ORDINANCE 3 REGARDING LICENSURE OF PLUMBERS.

WHEREAS, on the 16th day of November, 1976, the Board of City Commissioners adopted Charter Ordinance 3, exempting the City of Arkansas City from now-repealed Kansas statutes on the licensure of plumbers, and created the City's own licensure requirements; and

WHEREAS, Charter Ordinance 3's provisions regarding licensure of plumbers are now obsolete, as (a) additional Kansas statutes apply to such licensure; and (b) Municipal Code already reflects the current statutory requirements for plumbing licensure.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AS FOLLOWS:

Section 1. Repeal. The Board of City Commissioners of the City of Arkansas City hereby repeals Charter Ordinance 3.

Section 2. 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 a purpose. Once effective, this Charter Ordinance shall be sent to the Kansas Secretary of State.

PASSED AND ORDAINED by the governing body of the City by not less than two-thirds of the members-elect of the governing body this 4th day of September, 2012, and signed by the Mayor.

CHARTER ORDINANCE NO. 26

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY, KANSAS, AMENDING CHARTER ORDINANCE 93-11-14 REGARDING ESTABLISHMENT, OPERATION, AND MAINTENANCE OF A STORM WATER UTILITY.

WHEREAS, on November 2, 1993, the Board of City Commissioners adopted Charter Ordinance 93-11-14, exempting the City of Arkansas City from Kansas statutes regarding Storm Water utilities and creating provisions regarding such utility; and

WHEREAS, Charter Ordinance 93-11-14 created specific provisions of Municipal Code, including specific fees to be charged; and

WHEREAS, Kansas law now clearly allows cities to amend Charter Ordinances by regular Ordinance, should a Charter Ordinance provide this authority; and

WHEREAS, to update Municipal Code and out-dated fee structures, the Board of City Commissioners of the City of Arkansas City desires to provide it the authority to amend specific provisions of the City's Storm Water utility by means other than Charter Ordinance.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AS FOLLOWS:

Section 1. Amendment. The Board of City Commissioners of the City of Arkansas City hereby amends Charter Ordinance 93-11-14 to include a new Section FOUR that reads as follows:

SECTION FOUR: Specific provisions of Municipal Code established by this Charter Ordinance may be amended by the Board of City Commissioners by the adoption of a regular Ordinance. Further, any fees established by this Charter Ordinance for the City's Storm Water utility may be set by Resolution of the Board of City Commissioners.

PASSED AND ORDAINED by the governing body of the City by not less than two-thirds of the members-elect of the governing body this 4th day of September, 2012, and signed by the Mayor.

CHARTER ORDINANCE NO. 27

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY EXEMPTING SUCH CITY FROM THE PROVISIONS OF K.S.A. 14-1305 RELATING TO THE APPOINTMENT OF RESIGNED ELECTED PUBLIC OFFICIALS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO.

WHEREAS, the City of Arkansas City, Kansas (the "City") is a city, as defined in the Act, duly created and organized under the laws of the State of Kansas (the "State"); and

WHEREAS, K.S.A. 14-1305 is a part of an enactment of the Kansas Legislature (K.S.A. 14-1101 et seq.) relating commission forms of government in cities of the second class, which enactment is applicable to the City but is not uniformly applicable to all cities within the State; and

WHEREAS, the governing body of the City desires, by Charter Ordinance, to exempt the City from the provisions of K.S.A. 14-1305, and to provide substitute and additional provisions therefor in order to provide the Citizens of such City to elect resigning elected public officials in certain circumstances.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AS FOLLOWS:

Section 1. Exemption—K.S.A. 14-1305. 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. 14-1305 and does hereby provide the following substitute and additional provisions in place thereof:

In case of any vacancy from any cause in the office of mayor or any commissioner, the remaining members of the board of commissioners within 20 days after the occurrence of the vacancy shall appoint some suitable person to fill the vacancy for the shorter of (a) the balance of the unexpired term of such office; or (b) until the next regular City election. In the case of appointment to the next regular City election, the candidates in that election receiving the largest and second largest number of votes, respectively, in that election shall be elected for a four-year term; and the candidates receiving the third and fourth largest number of votes, respectively, in that election shall be elected for a two-year term.

If the remaining members cannot agree by majority vote upon some such suitable person, then they shall call in City Attorney who shall cast the decisive vote for such appointment. The resignation of the mayor or any commissioner elected shall be made in writing for their action thereon. If the mayor or any commissioner shall remove from the territorial limits of the city, such removal shall ipso facto be deemed to create a vacancy in such person's office.

Section 2. 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 or section of this Charter Ordinance. In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision or section had not been contained herein.

PASSED by the governing body of the City by not less than two-thirds of the members-elect of the governing body on January 8, 2013 and signed by the Mayor.

CHARTER ORDINANCE NO. 28

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY EXEMPTING SUCH CITY FROM THE PROVISIONS OF K.S.A. 40-1707 RELATING TO THE PERMISSIBLE USE OF FUNDS BY THE FIREFIGHTERS RELIEF ASSOCIATION, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO.

WHEREAS, the City of Arkansas City, Kansas (the "City") is a city, as defined in the Act, duly created and organized under the laws of the State of Kansas (the "State"); and

WHEREAS, K.S.A. 40-1707 is a part of an enactment of the Kansas Legislature (K.S.A. 14-1101 et seq. ) relating to uses of funds by the firefighters relief association in cities of the second class, which enactment is applicable to the City but is not uniformly applicable to all cities within the State; and

WHEREAS, while that statute authorizes the purchase of life insurance for firefighters in the second class, it only authorizes the purchase of annuities for volunteer firefighters; and

WHEREAS, the Arkansas City Firefighters Relief Association has a member that is not eligible for life insurance, and therefore the association requires specific authorization in the form of a charter ordinance to purchase an annuity in lieu of life insurance; and

WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 40-1707, and to provide substitute and additional provisions therefor in order to provide an option of purchasing an annuity for the relief association members in lieu of life insurance.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AS FOLLOWS:

Section 1. Exemption-K.S.A. 40-1707. 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. 40-1707 and does hereby provide the following substitute and additional provisions in place thereof (substitute provisions in italics; deleted provisions struck through):

(a)

Except as otherwise provided in the firefighters relief act, all moneys received by a firefighters relief association under the provisions of the firefighters relief act shall be held in trust and used as a fund:

(1)

For the relief of any member of the fire department of such city, township, county or fire district when injured or physically disabled in or by reason of the discharge of such member's duties as a firefighter;

(2)

for the payment of a death benefit when any member of such fire department is killed in the discharge of such member's duties as a firefighter, or who dies from the effect of injuries so received or from disease contracted by reason of such member's duties as a firefighter, to the beneficiary or beneficiaries as designated by the member or, in the event that no beneficiary has been designated to receive such death benefit, to the following persons in the following priority:

(A)

If there is a spouse and there are no natural or adopted children of the deceased member, the death benefit shall be for the spouse;

(B)

if there are one or more natural or adopted children and spouse of the deceased member, ½ of the death benefit shall be for the spouse and the remaining ½ of the death benefit shall be for the children, in equal shares thereof;

(C)

if there are one or more natural or adopted children and there is no spouse of the deceased member, the death benefit shall be for the children, in equal shares thereof;

(D)

if there is a father or mother, or both, and there are no natural or adopted children and no spouse of the deceased member, the death benefit shall be for the father or mother, or to both in equal shares thereof if there are both;

(E)

if there are one or more siblings and there is no father or mother or spouse and there are no natural or adopted children of the deceased member, the death benefit shall be for the siblings, in equal shares thereof; and

(F)

if there are no siblings, no father or mother, no natural or adopted children and no spouse of the deceased member, the death benefit shall be for the estate of the deceased member;

(3)

for the payment of the necessary funeral expenses of any member of such fire department when killed in the discharge of such duties as a firefighter, or in the case of death resulting from injuries so received or disease contracted by reason of such member's duties as a firefighter;

(4)

for the further purpose of paying a pension to members of full-paid fire departments who are unfit for service after having served for a period of not less than 20 years with the department, such pension not to exceed ½ of the monthly salary at the date of retirement; or

(5)

for the purchase of insurance which would provide for any or all of the foregoing purposes for which such fund is authorized to be expended.

(b)

In any city of the second class, which maintains a fire department consisting of both salaried and volunteer firefighters, such moneys may be expended for the purchase of, or payment of premiums on, policies of life, accident, or accident and health insurance , and/or annuities upon members of the fire department of such city, which policies and/or annuities may be owned either by the firefighters relief association of such city or by the individual members thereof but, before any premium is paid on such policies of insurance and/or annuities , the provisions thereof shall be approved by such firefighters relief association as suitable to carry out the objects for which such association was established.

(c)

(1)

In any fire department consisting of volunteer firefighters, such moneys may be used to establish an annuity for each firefighter who served for not less than 20 years with such fire department and who attended and fought not less than 75% of the fires which were attended by such fire department during such period of time and which the firefighter was available to attend, as verified by the governing body of such fire department, but such annuity shall not exceed the amount paid to fully paid members of fire departments of comparable size to such volunteer department.

In any full-paid or any volunteer fire department such moneys may be expended for the purchase of group term, group permanent or individual permanent life insurance contracts for members of such department. Any benefits or coverage accruing to individual members of the department under such policies shall be and shall remain the property of the firefighters relief association except as follows:

(A)

A member that has completed 10 years of service with the department and has been covered under such policy for a continuous period of not less than five years, a member who suffers a total and permanent disability or death, or a member who retires under the retirement plan in effect for the fire department, shall, upon termination of employment, be entitled to any benefits or coverage available to an individual member under the provisions of the contract; and

(B)

A member that has not fulfilled one of the requirements set forth in paragraph (A) of this subsection (c)(1) shall, upon termination of employment, be entitled to the same proportion of benefits or coverage available to an individual member as such member's individual premium contributions bear to the total premiums paid on the policy at the time of termination. Any additional coverage or benefits may be obtained by reimbursing the firefighters relief association an equitable and reasonable amount in accordance with procedures set forth in the bylaws of the association.

(2)

Prior to the purchase of any annuity contract for and on behalf of any volunteer firefighter, the provisions thereof shall be approved and the adequacy of the funds available for such purpose shall be established by such firefighters relief association.

(d)

The moneys paid by the commissioner of insurance to the Kansas state firefighters association, inc., as provided in subsection (c) of K.S.A. 40-1706, and amendments thereto, shall be used by the Kansas state firefighters association, inc., in accordance with that statute and as may be regulated by such association in this state at the annual meetings of the Kansas state firefighters association, inc., which shall be held annually at places to be selected by such association within this state. The Kansas state firefighters association, inc., shall make an annual accounting to the commissioner of insurance of all moneys paid to such association as provided in K.S.A. 40-1706, and amendments thereto.

(e)

In the city of El Dorado, in Butler county, which city has by election established a firemen's pension fund under the provisions of K.S.A. 14-10a01 to 14-10a15, inclusive, and amendments thereto, the firefighters relief association of such city may, when the money and securities belonging to such association exceed $35,000, grant from time to time sums not exceeding ½ the earnings of the fund and not exceeding ½ the yearly amount received from the commissioner of insurance under this act to the city to be credited to the firemen's pension fund of such city.

(f)

Any such firefighters relief association is hereby authorized to loan part or all of such funds to the city, township, county or fire district in which such association is located, to be used by such city, township, county or fire district in the improvement of its fire department and equipment thereof, and such city, township, county or fire district is hereby authorized to borrow the same and issue to the treasurer of such firefighters relief association its warrant therefor bearing interest payable semiannually, at a rate not to exceed 6% per annum.

(g)

The commissioner of insurance is hereby authorized to adopt such rules and regulations as are necessary to effect the purposes of the firefighters relief act.

(h)

All assets of any firefighters relief association, which is composed of members of a private fire department and which has ceased to provide fire protection services for an incorporated city, township, county or fire district, shall be transferred to and shall become the property of the firefighters relief association for the fire department which is the immediate successor of such private fire department, after satisfaction of any outstanding obligations. If there is no firefighters relief association for the immediately succeeding fire department, such assets shall become the property of the Kansas state firefighters association, inc., as of the date such private fire department ceased to provide such fire protection services, after satisfaction of any outstanding obligations. The Kansas state firefighters association, inc. shall use all such assets for fire prevention and fire extinguishment education and study.

PASSED by the governing body of the City by not less than two-thirds of the members-elect of the governing body on April 5, 2016 and signed by the Mayor.

CHARTER ORDINANCE NO. 29

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY REGARDING ITS FORM OF GOVERNMENT, BY EXEMPTING ITSELF FROM THE PROVISIONS OF L. 2015, CHAPTER 88, SECTION 71; AMENDING CHARTER ORDINANCE NO. 27; REAFFIRMING THE COMMISSION-MANAGER FORM; AND PROVIDING PROVISIONS FOR THE ELECTION OF OFFICERS, TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, FILLING OF GOVERNING BODY VACANCIES AND NOMINATION PETITIONS.

WHEREAS, on the 4th day of November, 1930, the citizens of the City of Arkansas City, Kansas, adopted by a majority vote the commission-manager form of government; and

WHEREAS, the Kansas Legislature adopted laws in 2015 regarding the commission-city manager form of government, moving City elections to November and providing provisions regarding appointment of vacancies in the Governing Body; and

WHEREAS, the City of Arkansas City, Kansas, wishes to provide its own provisions for the transition to November elections and the filling of its vacancies.

NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

Section 1. The City of Arkansas City, Kansas, hereby re-affirms it shall follow all provisions of the City Commission-City Manager plan as directed by the citizens of Arkansas City by public vote on November 4, 1930. The City of Arkansas City, Kansas, continues to operate under the commission-manager form of government, and pursuant to all existing ordinances and charter ordinances relating to its form of government: The City Governing Body shall appoint a City Manager to be responsible for the administration and affairs of the City. The City Manager shall serve at the pleasure of the Governing Body. The City Manager shall see that all laws and ordinances are enforced. The City Manager shall appoint and remove all heads of departments, and all subordinate officers and employees of the City. All appointments shall be made upon merit and fitness alone.

Section 2. (a) The governing body consists of five commissioners. The commissioners shall be residents and qualified electors of the City of Arkansas City, Kansas. Every two years, an election shall be held for three commissioners. The two candidates receiving the highest number of votes shall hold their offices for four years, and until their successors are elected and qualified; the candidate receiving the third-highest number of votes shall hold his or her office for two years, and until his or her successor is elected and qualified.

(b)

Those positions that would have expired 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.

(c)

Those positions that would have expired 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 3. All elections for the City of Arkansas City, Kansas shall be nonpartisan.

Section 4. The next general election shall take place on the Tuesday succeeding the first Monday in November 2017, and succeeding elections will be held every two years for all such Governing Body positions whose terms have expired. Primary elections shall be held pursuant to Kansas law.

Section 5. In accordance with K.S.A. 25-205 and K.S.A. 25-2110, and amendments thereto, any person may become a candidate for city office elected at large 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 qualified electors residing within the City of Arkansas City equal in number to not less than 4% of the current total of qualified electors of the City, and in no case to be signed by not less than 25 nor more than 5,000 qualified electors.

Section 6. The City of Arkansas City, 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 L. 2015, Chapter 88, Section 71, relating to the filling of Governing Body vacancies, which enactment applies to this City, but does not apply uniformly to all cities.

Section 7. Exemption-K.S.A. 14-1305. The City, by the power vested in it by the Act, reaffirms its election to exempt itself from and make inapplicable to it the provisions of K.S.A. 14-1305, and does hereby provide the following substitute and additional provisions in place thereof (additions to Charter Ordinance 27 in italics; deletions struck through):

In case of any vacancy from any cause in the office of mayor or any commissioner, the remaining members of the Board of Commissioners, including the outgoing member if available , within 20 30 days after the occurrence of notice of the vacancy shall appoint some suitable person to fill the vacancy for the shorter of (a) the balance of the unexpired term of such office; or (b) until the next regular City election. In the event there are more than three vacancies to be filled at case of appointment to the next regular City election, the candidate s in that election receiving the fourth- largest (and fifth-largest, in the event of five vacancies) and second-largest number of votes , respectively, in that election shall be elected for a four-year term; and the candidates receiving the third- and fourth-largest number of votes, respectively, in that election shall be elected for a two-year term , and until his or her successor is elected and qualified .

If the remaining voting members, including the outgoing member if available , cannot agree by majority vote upon some such suitable person, then they shall call in on the City Attorney, who shall cast the decisive vote for such appointment. The resignation of the mayor or any commissioner elected shall be made in writing for their action thereon, and shall become effective upon appointment of a successor . If the mayor or any commissioner shall remove from the territorial limits of the city, such removal shall ipso facto be deemed to create a vacancy in such person's office.

Section 8. 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 or section of this Charter Ordinance. In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision or section had not been contained herein.

Section 9. 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-one (61) 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 in 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 a purpose.

PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas, with not less than two-thirds of the members elect voting in favor thereof, this 21st day of June, 2016, with City officials being authorized and directed to execute any and all documents necessary to consummate the purposes and intents as expressed in this Charter Ordinance, and if executed by the Mayor (or other person authorized by law to act in the event of the absence or inability of the Mayor to act), the City Clerk is directed to attest to and affix the official seal of the City thereon.

CHARTER ORDINANCE NO. 30

A CHARTER ORDINANCE EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. § 12-4207 REGARDING PUBLIC OFFICIALS WITH THE AUTHORITY TO SIGN AND SERVE A MUNICIPAL COURT NOTICE TO APPEAR.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

Section 1. Election to exempt. The City of Arkansas City, Kansas (the "City"), 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 from the provisions of Section 12-4207, Kansas Statutes Annotated, that apply to the City, but do not apply uniformly to all cities, and provide substitute provisions as set forth below.

Section 2. Substitute provisions. The City hereby adopts the following substitute provisions for the above Kansas statutes, and incorporates them into Arkansas City Municipal Code as set forth below (additions to state law in italics; deletions crossed through):

2-362 Service of Notice to Appear

The notice to appear shall be served upon the accused person by delivering a copy to him or her personally, or by leaving it at the dwelling house of the accused person or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the last known address of said person. A notice to appear may be served by any law enforcement Officer within the City state and, if mailed, shall be mailed by an law enforcement Officer of the municipality of its issuance or the clerk of the municipal court. Upon service by mail, the law enforcement Officer shall execute a verification to be filed with a copy of the notice to appear. Said verification shall be deemed sufficient if in substantially the following form:

The undersigned hereby certifies that on the ____________ day of ____________ , 20 ____________ , a copy of notice to appear was ____________ hand-delivered or____________ mailed to ____________ at ____________ , ____________ , ____________ .

Signature of Law Enforcement Officer or Clerk of Municipal Court

For purposes of this Section, the term Officer shall mean: a law enforcement officer, clerk of the municipal court or duly appointed representative, city attorney, fire chief or duly appointed representative (for violations of fire-related code), public service officer and animal control officer (for violations of animal-related code), building inspector (for violations of building codes), zoning inspector or official (for violations of zoning codes), code enforcement officer (for violations of technical codes, nuisance, property maintenance and other such codes), or such other employee or agent of the City of Arkansas City as may be designated by ordinary ordinance.

Section 3. Publication of ordinance. This Charter Ordinance shall be published once each week for two consecutive weeks in the Arkansas City Traveler, the official city newspaper.

Section 4. Effective date. This Charter Ordinance shall take effect sixty (60) days after final publication, unless a sufficient petition is filed and a referendum held on the ordinance as provided in Article 12, Section 5(c) of the Kansas Constitution, in which case this Charter Ordinance shall become effective upon approval by a majority of the electors voting thereon.

PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas with a not less than two thirds of the members elect voting in favor thereof, this 15th day of August, 2016, with City Officials being authorized and directed to execute any and all documents necessary to consummate the purposes and intents as expressed in this Ordinance and if executed by the Mayor (or other person authorized by law to act in the event of the absence or inability of the Mayor to act) and the City Clerk is directed to attest to and affix the official seal of the City thereon.

CHARTER ORDINANCE NO. 31

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY EXEMPTING SUCH CITY FROM THE PROVISIONS OF K.S.A. 14-10a02 RELATING TO LOST OR MISLAID PROPERTY, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO.

WHEREAS, the City of Arkansas City, Kansas (the "City") is a city, as defined in the Act, duly created and organized under the laws of the State of Kansas (the "State"); and

WHEREAS, K.S.A. 14-10a02 is a part of an enactment of the Kansas Legislature (K.S.A. 14-1101 et seq.) relating to use of funds of lost property; and

WHEREAS, that statute authorizes the proceeds of unclaimed property to be placed into the police and fire pension funds; and

WHEREAS, the City of Arkansas City desires to provide an exception to encourage good Samaritans to turn in lost or mislaid property to Arkansas City Police Department and make claim to that property if unclaimed by the rightful owner.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, AS FOLLOWS:

Section 1. Exemption-K.S.A. 14-10a02. 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. 14-10a02 and does hereby provide the following substitute and additional provisions in place thereof (substitute provisions in italics; deleted provisions struck through):

The governing bodies of all cities of the second class, with a population in excess of 6,000 located in counties having a population of 10,000 or more, maintaining an organized police and fire department, may establish and maintain a separate pension fund for each department, which shall be set aside and used exclusively for the payment of pensions and disability benefits as authorized in K.S.A. 14-10a01 et seq., and amendments thereto. Whenever the amount of any benefit is to be determined on the basis of actuarial assumptions, the assumptions shall be specified in a way that precludes employer discretion. Each such pension fund shall be maintained and funded in accordance with the minimum funding standards prescribed in K.S.A. 12-5002, and amendments thereto. For the purpose of creating, maintaining and funding such pension funds, or to fund the Special Law Enforcement Trust Fund , the governing body of each such city of the second class is hereby authorized and shall:

(a)

Accept gifts, grants, bequests, gratuities or any other money and credit the same to the pension fund designated by the donor;

(b)

levy an assessment against each officer and member of each department equal to 7% of such officer's or member's monthly salary or compensation, such assessment amount to be deducted from the regular payroll and to be transferred into such pension fund;

(c)

place into such funds , or if none, then the Special Law Enforcement Trust Fund, the proceeds of all lost or stolen securities, money or personal property which shall remain unclaimed in possession of any department of the city for ninety days six months , together with the proceeds of all unclaimed or confiscated property of any nature which shall have been in custody of the police department for a period of ninety days six months . The city is authorized to sell at public auction such property and place the proceeds into such pension funds in equal shares except that: (1) the Arkansas City Police Department may return lost or mislaid property with no known owner to any person submitting same to the Department, if unclaimed by its owner within ninety days; and (2) if the time and expense of a public auction shall exceed the anticipated proceeds, the Police Chief may use his or her discretion to sell in any manner or otherwise dispose of the items, including donation of any such personal property to a charitable organization.

(d)

transfer into such pension funds the unencumbered balance, including investments, in any existing pension fund or funds, except that if there is more than one pension fund existing in such city then each of such existing funds, other than the firemen's and policemen's relief funds, shall be transferred into the new pension fund of a like classification. Upon the termination of any pension fund or funds, the rights of members to benefits accrued at the date of termination to the extent funded or to the amount in members' accounts at the date of termination are nonforfeitable;

(e)

carry forward the balance in such funds at the close of each budget year as revenue for the next ensuing year;

(f)

transfer into said fund any proceeds from any municipally owned utility at the discretion of the governing body;

(g)

levy annually at the time for the levying of taxes for city purposes, a tax upon all of the taxable tangible property in such city for each pension fund to make annual contributions to each pension fund as required under K.S.A. 12-5002, and amendments thereto, and to maintain and fund each pension fund on an actuarial reserve basis in accordance with the provisions of K.S.A. 14-10a05, and amendments thereto, and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto. In lieu of levying the tax authorized in this section, the annual contribution required of the city may be paid from any employee benefits contribution fund established pursuant to K.S.A. 12-16,102, and amendments thereto; and

(h)

administer such funds in the manner required to satisfy the applicable qualification requirements for governmental plans as specified in the federal internal revenue code of 1954 or 1986, as in effect on July 1, 2008, and as applicable for a governmental plan in accordance with the provisions of K.S.A. 74-49,123, and amendments thereto.

(i)

To the extent any general provision of Kan. Stat. Ann. 58-3934 et seq. or Kan. Stat. Ann. 22-2512 shall conflict with any provision hereunder, this Charter Ordinance shall prevail.

PASSED by the governing body of the City by not less than two-thirds of the members-elect of the governing body on September 20, 2016 and signed by the Mayor.

CHARTER ORDINANCE NO. 32

A CHARTER ORDINANCE OF THE CITY OF ARKANSAS CITY, KANSAS, AMENDING PROVISIONS OF CHARTER ORDINANCES 17 AND 22, REGARDING THE NAME, COMPOSITION, AND LENGTH OF TERMS OF THE CONVENTION AND TOURISM COMMITTEE, AND AMENDING THE POSSIBLE USES OF THE CONVENTION AND TOURISM FUND.

WHEREAS, K.S.A. 12-1696 to 12-16,101, inclusive, authorizes a levy by cities of a transient guest tax, the provisions of which are not uniformly applicable to all cities; and

WHEREAS, the Governing Body of the City previously adopted Charter Ordinances 9, 9-A, 9-B, 9-C, 17 and 22, modifying the application of Kansas statute and, most notably, establishing the composition and powers of the Convention and Tourism Committee, as well as listing the possible uses of the Convention and Tourism Fund; and

WHEREAS, the Governing Body desires, by charter ordinance, to provide substitute and additional provisions regarding the name, composition, and length of terms of the Convention and Tourism Committee, and to amend the possible uses of the Convention and Tourism Fund.

NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:

SECTION 1. Election to exempt. The City of Arkansas City, Kansas, a municipal corporation of the second class, 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. 12-1696 to 12-16,101, inclusive, except and deleting from the charter ordinance subsection (c) of K.S.A. 12-1697, subsections (a), (b), (c) of K.S.A. 12-1698, and where exempt to provide substitute and additional provisions as hereinafter set forth in this ordinance. The referenced provisions are either enactments or parts thereof which are applicable to this city, but are not applicable uniformly to all cities.

SECTION 2. The Governing Body of the City of Arkansas City hereby modifies Section Two of Charter Ordinance 17, and by further effect Municipal Code Section 54-162, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

SECTION TWO. As used in this Ordinance, the following words and phrases shall be defined as follows:

(a)

"Person" means an individual, firm, partnership, corporation, joint venture or other association of persons.

(b)

"Hotel or motel" means any structure or building which that 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.

(c)

"Transient guest" means a person who occupies a room in a hotel or motel for not more than 28 consecutive days.

(d)

"Hotel or motel business" means any person engaged in the business of renting, leasing, or letting quarters, sleeping accommodations, rooms, or a part thereof in connection with any hotel or motel.

(e)

"Tourism" means the practice of touring or traveling for recreation, business, or education.

(f)

"Touring" means a trip, excursion, or circular journey for business, recreation or education.

SECTION 3. The Governing Body of the City of Arkansas City hereby modifies Section Six of Charter Ordinance 17, and by further effect Municipal Code Section 54-165, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

SECTION SIX. The tax levied and collected pursuant to Section 3 of this ordinance shall become due and payable in a manner prescribed by K.S.A. 12-1698, and amendments thereto, except that all taxes remaining after the two ( 2 ) percent deduction for expenses of the Kansas Department of Revenue in administration and enforcement of the collection thereof shall be remitted to the City of Arkansas City, Kansas, and shall be credited to the " Tourism and Convention and Tourism Fund" hereinafter established and shall only be expended out of said fund as hereinafter provided.

SECTION 4. The Governing Body of the City of Arkansas City hereby modifies Section Seven of Charter Ordinance 17, and by further effect Municipal Code Section 54-165, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

SECTION SEVEN. A " Tourism and Convention and Tourism Fund" is hereby established to receive disbursements of money from the Secretary of Revenue of the State of Kansas, as provided in subsection (d) of K.S.A. 12-1698.

SECTION 5. The Governing Body of the City of Arkansas City hereby modifies Section Eight of Charter Ordinance 17, and by further effect Municipal Code Section 54-166, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

SECTION EIGHT. Moneys in the " Tourism and Convention and Tourism Fund" shall only shall be expended as follows:

(a)

The Convention and Tourism Committee Visitors Bureau Board of Directors hereinafter established shall annually consider annually all requests for expenditure of transient guest tax funds , and shall prepare a budget of expenditures for each year to be submitted to the Governing Body for its approval.

(b)

The Governing Body shall consider the expenditures proposed from the Tourism and Convention and Tourism Fund by the Convention and Tourism Committee Visitors Bureau Board of Directors , and shall adopt a budget of such expenditures which may vary from the proposal of the Convention and Tourism Committee Visitors Bureau Board of Directors in the discretion of the Governing Body. The Governing Body may at any time seek further advice and recommendations from the Convention and Tourism Committee Visitors Bureau Board of Directors regarding such expenditures , but reserves the exclusive authority to make final decisions of them .

(c)

Such funds may be used:

(1)

To operate or contract with any agency, organization , or group of firms to operate a bureau to promote conventions and tourism within the City and its environs;

(2)

To provide for the operation, maintenance, expansion or development of City facilities connected with convention;i§ ..... i; and tourism;

(3)

To defray the cost of providing municipal services to convention and tourism functions, including police, fire and emergency medical services , street department public works or park;i§ ..... i; and facilities functions; and/or

(4)

To create innovative projects and activities promoting conventions and tourism ; .

(5)

To promote the general economic welfare of the City and its environs, including the attraction of industry.

(d)

All expenditures of such funds shall be paid to vendors of services or materials through the City offices in the same manner as other City operating accounts.

SECTION 6. The Governing Body of the City of Arkansas City hereby modifies Section Nine of Charter Ordinance 17, and by further effect Municipal Code Section 54-168, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

SECTION NINE. A "Convention and Tourism Committee Visitors Bureau Board of Directors " is hereby established to advise the Governing Body , and make recommendations concerning programs and expenditures for conventions and tourism. The committee Board shall consist of seven (7) six (6) members , appointed by the Mayor and confirmed by the City Commission each serving a term of three years . The seventh member shall be a member of the Governing Body, with full voting privileges. Initially, the City Commission shall appoint three (3) members for a 2 year term and four (4) members for a 1 year term, in order that only four (4) positions on the committee shall be vacated in any one year.

SECTION 7. The Governing Body of the City of Arkansas City hereby modifies Section Ten of Charter Ordinance 22, and by further effect Municipal Code Section 54-168, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

SECTION TEN. Membership on the committee Board shall be as follows:

One (1) Member	A Member of the City Commission Governing Body
Three ( 3 ) Members	Public at Large
1 Member	Chamber of Commerce Representative
Three ( 3) Members	Owners or O perators of Hotels, Motels, R elated B usinesses or T ourist A ttractions

The Convention and Tourism Committee shall hold regular monthly meetings at a time and place to be established by them, subject to approval of the Governing Body. All meetings shall be open to the public. No member of the committee shall receive any compensation for service thereon. Any member who is absent without excuse for three consecutive regular meetings shall be deemed to have resigned and a successor shall be appointed.

SECTION 8. The Governing Body of the City of Arkansas City hereby modifies Section Eleven of Charter Ordinance 17, and by further effect Municipal Code Section 54-167, to read as follows (additions to Municipal Code in italics; deletions to Municipal Code struck through):

SECTION ELEVEN. That the City of Arkansas City shall have authority to contract for the expenditure moneys monies from the Tourism and Convention and Tourism Fund.

SECTION 9. Repeal. To the extent this Charter Ordinance conflicts with any prior legislation adopted by the City, including any provision contained in Charter Ordinances 9, 9-A, 9-B, 9-C, 17 and/or 22, conflicting provisions of any and all prior legislation are hereby repealed. Otherwise, any provision not repealed herein or by any other charter ordinance is hereby ratified and confirmed.

SECTION 10. 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 ruling shall not affect or otherwise invalidate any other provision contained within this Ordinance.

SECTION 11. Further Amendment. Municipal Code provisions created or amended by this Charter Ordinance, or the Charter Ordinances referenced herein, may be amended by regular ordinance, as adopted by a majority of a quorum of the Governing Body.

SECTION 12. Publication and 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 a purpose. Once this Charter Ordinance becomes effective, a certified copy of this Charter Ordinance shall be sent to the Kansas Secretary of State.

PASSED AND ORDAINED by the Governing Body of the City, with not less than two-thirds of the members-elect of the Governing Body voting in favor thereof, this 15 ^th day of November 2016, and signed by the Mayor.