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Charter Ordinance No. 44 (Second Publication)

Salina, KS  | Official Website News Image

9/17/2024 3:24:00 PM

CHARTER ORDINANCE NUMBER 44

 

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NUMBER 30 AS IT EXEMPTED THE CITY OF SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-1008, PROVIDED SUBSTITUTE AND ADDITIONAL PROVISION RELATING TO SALARIES OF MEMBERS OF THE GOVERNING BODY, AND REPEALED CHARTER ORDINANCE NUMBER 24.

 

       WHEREAS,  The City of Salina, Kansas (the “City”), by virtue of the powers vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, initially elected to exempt itself from K.S.A. 12-1008 regarding salaries of members of governing bodies of certain first class cities [a statute applicable to the City but not uniformly applicable to all cities as part of the city manager plan act (the “CMPA”) codified at K.S.A. 12-1001 et seq.] and to provide substitute and additional provisions applicable to the City by the adoption of Charter Ordinance Number 24, effective November 2, 1988; and

 

       WHEREAS, the City further modified the substitute and additional provisions applicable to it relating to salaries of member of the governing body by the adoption of Charter Ordinance Number 30, including the repeal of Charter Ordinance Number 24, effective March 4, 1999; and

 

      WHEREAS, the 2015 Kansas Legislature repealed the CMPA, including K.S.A. 12-1008, to make the state election laws uniformly applicable to all cities by the enactment of House Bill No. 2104 (Chapter 88, 2015 Session Laws of Kanas, Vol. 2), which included at New Section 8(b) a “savings clause” which provided that:  “All existing ordinances and charter ordinances relating to a city’s form of government, except those provisions relating to the timing of city primary and general elections, shall remain in effect until amended or repealed by such city.”; and

 

       WHEREAS, Salina Code §2-21 was both renumbered as §2-30 and amended by Ordinance Number 16-10830, §11 (published May 6, 2016) and currently addresses compensation of members of the governing body consistently with Charter Ordinance Number 30; and

 

       WHEREAS, as a result of the repeal of K.S.A. 12-1008, Kansas law no longer addresses the matter of the compensation of members of the governing body of the City; consequently, the Governing Body’s desire to amend Salina Code §2-30 can be achieved by the repeal of Charter Ordinance Number 30 and the subsequent adoption of a regular ordinance amending Salina Code §2-30; SO THEREFORE, 


BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:

 

            Section One.  Repeal of Charter Ordinance Number 30.  Charter Ordinance Number 30 of the City of Salina, Kansas, is hereby repealed.

 

            Section Two.  Publication of Ordinance.  The City Clerk shall cause this Charter Ordinance, as soon as practicable after it has been passed and signed, to be published once each week for two consecutive weeks on the City’s website as the designated official City newspaper.

 

            Section Three.   Effective Date. This Charter Ordinance shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on this Charter Ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of the State of Kansas, in which case this 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 of the members elect voting in favor thereof.

 

Introduced and passed:   September 9, 2024,

by a vote of: 5 yes; 0 no; 0 abstain.


Bill Longbine, Mayor

ATTEST:

Nikki Goding, City Clerk

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