A CHARTER ORDINANCE EXEMPTING THE CITY OF OTTAWA, KANSAS, FROM THE PROVISIONS OF L. 2015, CH. 88, SEC. 11, RELATING TO THE CITY MANAGER FORM OF GOVERNMENT AND SETTING FORTH ALTERNATIVE PROVISIONS FOR THE GOVERNANCE OF THE CITY OF OTTAWA, KANSAS.

WHEREAS, on the 7th day of April, 1970, the citizens of the City of Ottawa, Kansas, adopted by a majority vote the commission-manager form of government;

WHEREAS, the Kansas Legislature passed L. 2015, ch. 88 (H.B. 2104), which amended and transferred the statutory provisions for commission-manager form of government, and L. 2015, ch. 88, sec. 8(a) states that a city shall continue to operate under its current form of government if established at an election until such time that the city's form of government is changed;

WHEREAS, the statutory provisions for the commission-manager form of government have been recodified in L. 2015, ch. 88, sec. 11;

WHEREAS, L. 2015, ch. 88, sec. 8(b) states that all existing ordinances and charter ordinances relating to a city's form of government shall remain in effect until amended or repealed by such city;

WHEREAS, the City of Ottawa, Kansas, wishes to exempt itself from provisions within L. 2015, ch. 88, sec. 11.

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

Section 1. The City of Ottawa, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of L. 2015 ch. 88 sec. 11 that apply to this city, but are parts of enactments which do not apply uniformly to all cities and to provide substitute provisions on the same subject as hereinafter provided.

Section 2. The City of Ottawa, 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 administration of the city’s business shall be in the hands of a manager. The manager shall be appointed by the commission, and shall hold office at the pleasure of the board of commissioners.

Section 3. Those governing body positions with terms 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.  Those governing body positions with terms 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. Thereafter, any city official elected or re-elected in a general election of the city shall begin his or her term of office on the second Monday of the January following the November in which the election took place.

Section 4. General elections 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. The governing body shall consist of five commissioners to be elected to terms as set forth herein.  The commissioners shall be residents and qualified electors of the City of Ottawa, Kansas.  

Section 5. Elections for any city office will be non-partisan.

Section 6. At general city elections there shall be elected two commissioners for a four-year term and one commissioner for a two-year term. The candidates receiving the largest and second largest number of votes, respectively, shall be elected for a four-year term and the candidate receiving the third largest number of votes shall be elected for the two-year term.

Section 7. No distinction shall be made in title or duties among the commissioners.

Section 8. The commission shall choose its own chair and vice chair annually and determine its own order of business. The chair shall have the title of Mayor during the year of his or her office, to the end that the city shall have an official head on formal occasions. The vice-chair shall have the title of Mayor pro tem.  The Mayor shall have such other duties as shall be imposed upon that office by the laws of the state, which shall not be inconsistent with the city manager form of government.  In the absence of the Mayor from any meeting of the Governing Body, the Mayor pro tem shall preside, and in the absence of the Mayor from the city or his or her inability to perform any of the duties imposed upon the office by the ordinances of the city or laws of the State of Kansas, the Mayor pro tem shall exercise the duties of the office of Mayor to the end that the city has an official head on such occasions.

Section 9. Any person desiring to become a candidate for city office elected at large shall file with either the City Clerk or county election officer, before the filing deadline, established in K.S.A. 25–205, and amendments thereto, a declaration of candidacy on a form furnished by the county election officer as specified by the secretary of state. The nomination petition must be signed by one percent of the qualified electors of the City of Ottawa.

Section 10. Sections 2-101, 2-102, 2-103, 2-104, 2-105 of the 2015 Municipal Code of the City of Ottawa are hereby repealed and the City Clerk is directed to codify this ordinance in the appropriate sections of the code.

(10-21-2015; Revised by C.O. No. 22-23)