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

CHARTER ORDINANCE NO. 890

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM K.S.A. 13-819 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE POLICE JUDGE PRO TEMPORE.

(Repealed by C.O. No. 4)

CHARTER ORDINANCE NO. 896

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS FROM SECTION 13-513 AND SECTION 13-527, OF THE GENERAL STATUTES OF KANSAS, 1949, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE VACANCY IN THE OFFICE OF MAYOR; APPOINTIVE OFFICERS AND EMPLOYEES; TERMS AND SALARIES; VACANCIES AND FILLING VACANCIES.

Section 1. Vacancy in the Office of Mayor; Filling the Vacancy. When any vacancy shall happen in the office of mayor by death, resignation, removal from city, removal from office, or refusal to qualify, the president of the council, or in the case of the mayor-elect's refusal or failure to qualify, the new president of the council shall become mayor until the next regular city election, and a vacancy shall occur in the office of the councilman becoming mayor. Whenever any temporary absence shall happen in the office of mayor, the president of the council for the time being shall exercise the duties of the office of mayor, with all the rights, privileges and jurisdiction of the mayor until the mayor shall return.

(3-15-65)

CHARTER ORDINANCE NO. 3

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM SECTIONS 7, 8 AND 19, CHAPTER 274, SESSION LAWS OF 1968, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, CONCERNING ELECTIONS, DATES OF CITY ELECTIONS, TERMS OF OFFICE AND MATTERS RELATED THERETO.

(Repealed by C.O. No. 11)

CHARTER ORDINANCE NO. 4

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 890 RELATING TO POLICE JUDGE PRO TEMPORE.

Section 1. An ordinance repealing Charter Ordinance No. 890 relating to police judge pro tempore for the reason that it is obsolete.

(2-20-73)

CHARTER ORDINANCE NO. 5

A CHARTER ORDINANCE AMENDING CHAPTER 1, ARTICLE 3, SECTION 1-301, OF THE REVISED ORDINANCES OF PRAIRIE VILLAGE, 1966, ENTITLED "APPOINTIVE OFFICERS' EMPLOYEES" BY REPEALING SECTION 1-301 AND ENACTING IN LIEU THEREOF A NEW SECTION OF LIKE NUMBER AND SUBJECT.

(Repealed by C.O. No. 8)

CHARTER ORDINANCE NO. 6

A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 944 AND SECTION 1.20.010 OF THE PRAIRIE VILLAGE MUNICIPAL, 1973, ENTITLED OFFICIAL CITY NEWSPAPERS, EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM K.S.A. 13-1420 PERTAINING TO THE DESIGNATION OF THE OFFICIAL NEWSPAPERS OF THE CITY.

Section 1. Ordinance No. 944 and Title of the Prairie Village Municipal Code, 1973, entitled General Provisions, is hereby amended by amending Section 1.20.010 of Chapter 1.20 entitled Official Newspapers as follows:

1.20.010. Official City Newspaper. The Johnson County Herald and/or the Sun Publications, Inc. are selected and designated as official newspapers of the City of Prairie Village, Kansas. This ordinance exempts the City of Prairie Village, Kansas from K.S.A. 13-1420.

(2-3-75)

CHARTER ORDINANCE NO. 7

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM THE PROVISIONS PERTAINING TO POLICE DEPARTMENT PENSIONS AS CONTAINED IN ARTICLE 13-14a OF CHAPTER 13 OF KANSAS STATUTES ANNOTATED; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT AND ADOPTING AS AMENDED POLICE PENSION PLAN AND TRUST.

WHEREAS, The governing body of the City of Prairie Village, has adopted by ordinance as amended and revised police pension fund and trust;

WHEREAS, certain provisions of the said revised retirement plan and trust are contrary to the provisions of Chapter 13 of the Kansas Statutes Annotated and it is proper for the City of Prairie Village, Kansas, to exempt itself from said provisions pursuant to the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas.

Section 1. The City of Prairie Village, Kansas, a city of the first 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 form and make inapplicable to it, the provision of K.S.A. 13-14a01 through and including K.S.A. 13-14a101 as they may apply to a revised policy pension trust and plan which was adopted by the City of Prairie Village, Kansas on the 20th day of October, 1975, by Ordinance No. 1383.

(10-20-75)

CHARTER ORDINANCE NO. 8

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 5 AS CODIFIED IN SECTION 2.16.010 OF THE PRAIRIE VILLAGE MUNICIPAL CODE, 1973, ENTITLED APPOINTIVE OFFICERS AND EMPLOYEES — TERMS AND SALARY — VACANCIES.

Section 1. Repeal. The City of Prairie Village, Kansas, a city of the first class, by the power vested in it by Article 12, Section 5 of the constitution of the State of Kansas, hereby repeals Charter Ordinance No. 5 and Section 2.16.010 of the Prairie Village Municipal Code, 1973, entitled Appointive Officers and Employees — Terms and Salary — Vacancies.

(11-17-75)

CHARTER ORDINANCE NO. 9

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM THE PROVISIONS OF K.S.A. 19-1310 AND SUBSTITUTING ADDITIONAL PROVISIONS TO THE PRAIRIE VILLAGE MUNICIPAL CODE RELATING TO A LICENSE REQUIRED FOR MISCELLANEOUS PROFESSIONS.

Section 1. By virtue of the powers vested in it by Article 12, Section 5, of the constitution of the State of Kansas, the City of Prairie Village, Kansas hereby exempts itself from the provisions of K.S.A. 19-1310.

Section 2. The Prairie Village Municipal Code Section 5.04.010 is hereby amended to read as follows:

5.04.9010. License Required. No person, firm or corporation, either as principal officer, agent, servant or employee, shall conduct, pursue, carry on, or operate in the city, any business, trade, occupation, or profession, or render or furnish its service hereinafter specified in this chapter without first making application to the city clerk for license therefore, paying to the office of city clerk the license fee hereinafter prescribed and obtaining an occupational license, from the city. Professions shall include, but shall not be limited to accountants, architects, attorneys, auctioneers, dentists, osteopaths and photographers.

Any person, firm or corporation not required to pay an occupation fee in this city prior to the effective date of this ordinance, but who is required to pay said fee after the effective date of this ordinance shall pay said free for an occupation license on the same basis as a person, firm, or corporation who applies for a license on the effective date of this ordinance, as defined in Section 5.04.060 C of the Prairie Village Municipal Code.

Section 3. Existing Section 5.04.010 of the Prairie Village Municipal Code is hereby repealed.

(10-16-78)

CHARTER ORDINANCE NO. 10

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM K.S.A. 79-5011; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND AUTHORIZING THE LEVYING OF TAXES TO CREATE A SPECIAL FUND FOR THE PURPOSE OF PAYING COSTS FOR CONSTRUCTION AND MAINTENANCE OF STREETS, CURBS, GUTTERS, SIDEWALKS, STORM DRAINAGE FACILITIES, PARKS AND CITY OWNED IMPROVEMENTS.

Section 1. The City of Prairie Village, 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. 79-5011, and to provide substitute and additional provisions as hereinafter set forth in this charter ordinance. K.S.A. 79-5011 is a part of an enactment of the legislature applicable to this city but not applicable uniformly to all cities.

Section 2. The provisions of K.S.A. 79-5001 to 79-5016, inclusive, shall not apply to or limit the levy of taxes by the City of Prairie Village for the payment of:

(a) Principal and interest upon bonds and temporary notes;

(b) No-fund warrants issued with the approval of the state board of tax appeals;

(c) Legal judgments rendered against the city;

(d Rent due under any lease with a public building commission;

(e) Special assessments charged against the city at large;

(f) Costs for construction, repair, maintenance and improvement of streets, curbs, gutters, sidewalks, storm drainage facilities, parks and city owned improvements.

Section 3. The provisions of Article 50 of Chapter 79 of Kansas Statutes Annotated shall not apply to any taxes levied by the City of Prairie Village, levied under the provisions of K.S.A. 40-2305, 72-4424, 74-4920, 74-4967, 12-11a01, 12-1617h, 13-14,100, 19-262 and K.S.A. 1977 Supp. 13-14a01, 19-4004, 19-4011, 19-4102, 19-4443, 71-301 and 72-7074 or to any tax levies required for the payment of employer contributions to any pension and retirement program or to any other taxes authorized by state law to be levied in addition to or exempt from the aggregate levy limitation of the City of Prairie Village.

Amounts produced from any levy specified or authorized in this charter ordinance, including any levy or purpose authorized to be levied in addition to or exempt from the aggregate levy limit of the city, shall not be used in computing any aggregate limitation under Article 50 of Chapter 79 of the Kansas Statutes Annotated.

Section 4. The City of Prairie Village is hereby authorized to levy a tax for the purpose of the payment of costs for the construction, repair, maintenance and improvement of streets, curbs, gutters, sidewalks, storm drainage facilities, parks and city owned improvements. As used in this charter ordinance "costs" for these specific items of construction and maintenance shall mean the city's cost for labor, equipment, materials, commodities and services necessary for their construction, repair, maintenance and improvement.

(5-18-81)

CHARTER ORDINANCE NO. 11

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 3 OF THE CITY OF PRAIRIE VILLAGE, KANSAS AND FURTHER EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM K.S.A. 25-2107, K.S.A. 25-2108(a) AND K.S.A. 13-304 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS, CONCERNING ELECTIONS, DATES OF CITY ELECTIONS, TERMS OF OFFICE AND MATTERS RELATED THERETO.

(Repealed by C.O. No. 13)

CHARTER ORDINANCE NO. 12

CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS FROM CERTAIN PROVISIONS OF K.S.A. 13-1017, RELATING TO PUBLIC IMPROVEMENTS, ESTIMATE OF THE COST OF SUCH IMPROVEMENTS, CONTRACTS, BIDS, BOND ISSUE, WHEN, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

Section 1. The City of Prairie Village, Kansas, by the power vested in it by Article 12, Section 5 of the constitution of the State of Kansas, hereby elects and exempts itself from and makes inapplicable to it, the provisions of K.S.A. 13-1017, which apply only to certain cities of the first class, and to provide substitute and additionally provisions as hereinafter provided.

Section 2. Before undertaking the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer, or any other public improvement of any street, highway, public ground, or public building or facilities, or any other kind of public improvement, shall be commenced or ordered by the governing body, or under its authority, a detailed estimate of the cost of the improvement shall be made under oath by the city engineer (or some other competent person appointed for such purposes by the governing body), and the estimate shall be submitted to the governing body for its action thereon. In all cases where the estimated costs of the contemplated building, facility, or other improvement, amounts to more than $10,000, sealed proposals for the improvement shall be invited by advertisement, published by the city clerk once in the official city paper. The governing body shall let all such work by contract to the lowest responsible bidder, if there is any whose bid does not exceed the estimate. Notwithstanding the foregoing, the governing body reserves the right to refuse all or any part of any bid when it is felt that such action is in the best interest of the city.

If no responsible person proposed to enter into the contract at a price not exceeding the estimated cost, all bids shall be rejected and the same proceedings as before repeated, until some responsible person by sealed proposal offers to contract for the work at a price not exceeding the estimated costs. If no responsible bid is received within the estimate, the governing body shall have the power to make the improvement within the estimated cost thereof, and shall further have the power to purchase the necessary tools, machinery, apparatus and materials; employ the necessary labor; and construct the necessary plant or plants for the purpose of carrying into effect the provisions of this act. In no case shall the city be liable for anything beyond the estimated cost or the original contract price for doing such work or making such improvements.

Before any type of public improvement is commenced, the money to pay for the same must be available in the city treasury as provided by law or provision may be made of the issuance of internal improvement bonds to pay for any such improvement as provided by law. Provided that this section shall not be construed to include any repair or maintenance work not amounting to substantial alteration, addition or change in any structure, street or facility. Public improvement as used herein shall not include the making of repairs or the maintenance of any building, street, sidewalk, or other public facility in Prairie Village by employees of Prairie Village or the making of any expenditures from the city budget for such purposes.

(6-5-89 repealed by Charter Ordinance 19, 04-03-2000)

CHARTER ORDINANCE NO. 13

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 11 OF THE CITY OF PRAIRIE VILLAGE, KANSAS AND FURTHER, EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS FROM K.S.A. 25-2107, K.S.A. 13-304 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS, CONCERNING ELECTIONS, DATES OF CITY ELECTIONS, TERMS OF OFFICE AND MATTERS RELATED THERETO.

Section 1. The City of Prairie Village, Kansas, hereby repeals Charter Ordinance No. 11 pertaining to these same matters codified in the Prairie Village Municipal Code, Sections 2.08.020, 2.08.030, and 2.08.040 enacted in 1983.

Section 2. The City of Prairie Village, Kansas, a mayor-council city of the first 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 makes inapplicable to it K.S.A. 25-2107 and K.S.A. 13-304, and provides substitute and additional provisions therefor as hereinafter provided.

Section 3. In every odd-numbered year, there shall, in the City of Prairie Village, Kansas, be elected a mayor from the city at large, who shall hold office for four years and until a successor is elected and qualified; provided that the mayor elected in 1991 shall have a term expiring in 1995.

In case of a vacancy occurring by reason of resignation, death, removal from office or when the mayor no longer resides in the city, the president of the council will fill the vacancy until the next election for that position.

The mayor of the city shall receive such compensation as may be fixed by ordinance. Adopted April 2, 1990 - Repealed by Charter Ordinance 20

CHARTER ORDINANCE NO. 14

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS FROM K.S.A. 25-2107 AND K.S.A. 13-304 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS, CONCERNING ELECTIONS, DATES OF CITY ELECTIONS, TERMS OF OFFICE AND MATTERS RELATED THERETO.

Section 1. The City of Prairie Village, Kansas, a mayor-council, city of the first 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 makes in applicable to it K.S.A. 25-2107 and K.S.A. 13-304, and provides substitute and additional provisions therefore as hereinafter provided.

Section 2. In each even numbered year commencing with the year 1992, there shall, in the City of Prairie Village, Kansas, be elected one councilmember from each ward who shall hold office for four years and until a successor is elected and qualified; provided that councilmembers elected in April of 1991 shall have terms expiring in April of 1994. In case of a vacancy occurring by reason of resignation, death, removal from office or when a councilmember no longer resides in the ward in which the councilmember has been elected, the mayor by and with the consent of the remaining councilmembers may appoint some suitable elector residing in such ward to fill the vacancy until the next election for that council position.

The mayor may appoint such other officers as are created by statute and/or ordinance, who shall hold their offices for a period of four years, unless sooner removed by the mayor and council. All officers of the city shall receive such compensation as may be fixed by ordinance.

(4-2-90)

CHARTER ORDINANCE NO. 15

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS FROM K.S.A. 25-2113(b) PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, CONCERNING ELECTIONS AND MATTERS RELATED THERETO, BY PROVIDING FOR NON-PARTISAN ELECTIONS.

Section 1. The City of Prairie Village, Kansas, a mayor-council, city of the first 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 makes inapplicable to it those provisions of K.S.A. 25-2113(b) that may require partisan elections by cities of the first class in counties which have been declared urban areas as authorized by Article 2, Section 17 of the constitution of Kansas and provides substitute and additional provisions therefor as hereinafter provided.

Section 2. City elections for mayor and council shall be non-partisan.

Section 3. The general election of city officers, when required, will be held on the first Tuesday of April.

(4-2-90)

CHARTER ORDINANCE NO. 16

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4202 (1989 SUPP.), 12-4203 (1982), 12-4204 (1982), 12-4205 (1989 SUPP.) AND 12-4207 (1982), AND ANY AMENDMENTS THERETO WHICH RELATE TO THE FILING AND SERVICE OF COMPLAINTS AND NOTICES TO APPEAR; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

Section 1. The City of Prairie Village, Kansas, by the power vested in it by Article 12, Section 5 of the constitution of the State of Kansas, hereby elects to exempt itself and make inapplicable to it the provisions of K.S.A. 12-4202 (1989 Supp.), 12-4203 (1982), 12-4204 (1982), 12-4205 (1989 Supp.) and 12-4207 (1982) and any amendments thereto. The above referenced provisions are part of the Kansas Code of Procedure for Municipal Courts, an enactment of the legislature which is applicable to the City of Prairie Village but not uniformly applicable to all cities.

Section 2. City Officer shall mean city attorney, assistant city attorney, city prosecutor, building official, animal control officer, community service officer, code enforcement officer, codes administrator and municipal court clerk. Said individuals shall have the authority to investigate violations of city ordinances, order compliance with city ordinances and issue complaints and notices to appear for noncompliance with the same, and to prepare and serve notice to appear by mail forms as set out below in the same manner as a law enforcement officer. Said authority on the part of a city officer does not include the powers of arrest, search, detention or other power of law enforcement officers, except as provided by law.

Section 3. Complaints; Requirements; Form. A complaint shall be in writing and shall be signed by the complainant. More than one violation may be charged in the same complaint. The complaint shall be deemed sufficient if it is substantially in the form of a complaint set forth in Section 4 herein or substantially in the following form:

IN THE MUNICIPAL COURT OF THE CITY OF PRAIRIE VILLAGE, KANSAS
(Form Inserted Here)

the foregoing provisions notwithstanding, and notwithstanding the provisions of K.S.A. 12-4113(g) (1989 Supp.), or any amendments thereof, whenever a law enforcement officer or city officer as defined herein issues a complaint for violation of any city ordinance, and such complaint includes information required by law and is signed by the officer preparing the same, then such complaint shall be deemed lawful for purposes of prosecution under this act, even though the same has not been sworn to before a municipal judge or notary public.

Section 4. Uniform Complaint and Notice to Appear; Contents; Form. A uniform complaint and notice to appear shall describe the offense charged, shall summon the accused person to appear, shall contain a space in which the accused person may agree, in writing, to appear at a time not less than five days after such notice to appear is given. A uniform complaint and notice to appear may be signed by any law enforcement officer or city officer of the city, and shall be deemed lawful for purposes of prosecution, even though the same has not been sworn to before a municipal judge or notary public.

A uniform complaint and notice to appear shall be deemed sufficient if in substantially the form of the notice to appear set out below;

UNIFORM COMPLAINT AND NOTICE TO APPEAR
(Form Inserted Here)

Section 5. Complaint and Notice to Appear; Contents; Form. A complaint and notice to appear shall describe the offense charged and shall summon the accused person to appear, shall contain a space in which the accused person may agree, in writing, to appear at a time not less than five days after such notice to appear is given. A complaint and notice to appear may be signed by any law enforcement officer or city officer of the city and shall be deemed lawful for purposes of prosecution even though the same has not been sworn to before a municipal judge or notary public.

A complaint and notice to appear shall be deemed sufficient if in substantially the form as set out below:

COMPLAINT AND NOTICE TO APPEAR
(Form Inserted Here)

Section 6. SAME; SERVICE; RETURN. 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 or city officer and, if mailed, shall be mailed by a law enforcement officer or city officer. Upon service by mail, the law enforcement officer or city officer shall execute a verification to be filed with a copy of the notice to appeal. Said verification shall be deemed sufficient if in substantially the following form:

The undersigned hereby certifies that on the _______ day of ________, 19_______ a copy of Notice to Appear was mailed to ________ at ___________.

___________
Signature of Law Enforcement
Officer, or City Officer

Section 7. Same; How Used; Issuance of Warrant; Refusal to Issue; Effect. A copy of the complaint shall be served, together with a notice to appear by a law enforcement officer or city officer upon the accused person, and forthwith, the complaint shall be filed with the municipal court, except that a complaint may be filed initially with the municipal court by any individual, and if so filed, a copy of the complaint shall forthwith be delivered to the assistant city attorney. The assistant city attorney shall cause a notice to appear to be issued unless he or she has good reason to believe that the accused person will not appear in response to a notice to appear, in which case he may request that a warrant be issued. Such warrant will be issued if the complaint is positively sworn to and the municipal judge has probable cause to believe that (a) there has been the commission of a violation of a municipal ordinance, (b) the accused person committed such violation and (c) the accused person will not appear in response to a notice to appear.

If the assistant city attorney fails either to cause a notice to appear or to request a warrant to be issued, on a complaint initially filed with the municipal court, the municipal judge may, upon affidavits filed with him or her alleging the violation of an ordinance, order the assistant city attorney to institute proceedings against any person. Any such municipal judge shall be disqualified from sitting in any case wherein such order was entered and is further prohibited from communicating about such case with the municipal judge pro tem appointed by the municipal judge to preside therein.

(12-3-90)

CHARTER ORDINANCE NO. 17

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS FROM K.S.A. 25-2303, K.S.A. 25-2309, K.S.A. 25-2315 CONCERNING THE CITY'S RESPONSIBILITIES REGARDING VOTER REGISTRATION PRACTICES AND PROCEDURES.

Section 1. The City of Prairie Village, Kansas, a mayor-council, city of the first 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 makes inapplicable to it K.S.A. 25-2303, K.S.A. 25-2309, and K.S.A. 25-2315 and amendments thereto, which apply to this city, but do not apply uniformly to all cities.

(2-18-97)

CHARTER ORDINANCE NO. 18

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM K.S.A. 12-4112, ENTITLED "COSTS," AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE CODE OF PROCEDURE FOR MUNICIPAL COURTS.

Section 1. The City of Prairie Village, Kansas, a mayor-council city of the first 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 makes inapplicable to it K.S.A. 12-4112 and provides substitute and additional provisions on the same subject as hereinafter provided.

Section 2. If the accused person is unable to pay the costs assessed, the costs shall be and remain a judgment against him/her which may be enforced as judgments for payment of money in civil cases. It shall be the duty of the clerk of the court to issue execution for unpaid fines and costs at least one each year.

Section 3. Such costs shall be assessed as provided in the city fee schedule, which may be amended from time to time by the governing body.

(11/17/1997)

CHARTER ORDINANCE 19

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-1017, RELATING TO PUBLIC IMPROVEMENTS, ESTIMATE OF THE COST OF SUCH IMPROVEMENTS, CONTRACTS, BIDS, BOND ISSUE, WHEN AND RELATED MATTERS THERETO AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

WHEREAS, the Governing Body has determined that it is in the best interest of the City to make substitute provisions for the making of estimated costs of public improvements, contracts, bids, and related matters that established by statute, and

Section 1. The Governing Body of the City of Prairie Village, Kansas duly adopted Charter Ordinance No. 12 on the 5 ^th day of June, 1989, and that said ordinance exempted the City from the provisions of KSA 13-1017 and that said ordinance is still in full force and effect and codified as Section 2.62.010 of the Municipal Code of the City of Prairie Village.

Section 2. The City of Prairie Village, Kansas by the power vested in it by Article XII, Section 5 of the Constitution of the State of Kansas, hereby elects and exempts itself from and makes inapplicable to wit, the provisions of KSA 13-1017, which apply only to certain cities of the first class, and to provide substitute and additional provisions as hereinafter.

Section 3. The City of Prairie Village hereby repeals in its entirety Charter Ordinance 12 and Section 2.62.010 of the Prairie Village Municipal Code and adopts in lieu thereof the following new Section 2.62.010.

Chapter 2.62

Section 2.62.010 Public Improvements - Bid Procedures

Before the City undertakes the construction or reconstruction of any public improvement, including but not limited to any sidewalk, curb, gutter, bridge, pavement, sewer, street, highway, public ground or public building, facility, or any kind of public improvement shall be commenced or ordered by the Governing Body, a detailed estimated cost of the improvement shall be made under oath by the Public Works Director, or some other competent person appointed for such purposes by the Governing Body. The City Clerk shall receive and open the estimated costs at the time for receiving bids. The Governing Body shall act on estimated costs and received bids.

In all cases where the estimated costs of the contemplated improvement amounts to more than $50,000, sealed proposals for improvement shall be invited by advertisement, published by the City Clerk once in the Official city paper. The Governing Body shall let all such work by contracting to the lowest and best responsible bidder. Notwithstanding the foregoing the Governing Body reserves the right to refuse all or any part of any bid when it determines that such action is in the best interest of the City.

If no responsible person proposes to enter into the contract at a price not exceeding the estimated costs, the Governing Body may reject all bids and repeat the bidding process. In the alternative, if all bids exceed the estimated costs, the Governing Body may accept and let the work by contract to the lowest and responsible bidder only if that cost is not greater than ten percent over the estimated costs. The Public Works Director or other competent person letting the bid shall give a full explanation to the Governing Body for the reason for the discrepancy. In no case shall the City be liable for anything beyond the estimated cost of the original contract price for dong such work or making such improvements.

This section does not apply to:

• Any repair or maintenance work not amounting to substantial alteration, addition or change in the original use of the public improvement.

• The construction, reconstruction, repair or the maintenance of any public improvement by the employees of the City.

• Improvements financed by economic development bonds issued pursuant to K.S.A. 12-1740, et. seq.

The Governing Body may waive the bidding process set forth therein by an affirmative vote of the majority of the Governing Body, if it determines the best interest of the City would be served.

Before any type of public improvement is commenced, the money to pay for the same must be available in the city treasury as provided by law, or provision may be made for the issuance of internal improvement bonds to pay for any such improvement as provided by law.

(04/03/2000)

CHARTER ORDINANCE 20

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-304 AND K.S.A. 13-513, AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECTS; AND REPEALING AND AMENDING SECTION 3 OF CHARTER ORDINANCE 13 RELATING TO A VACANCY IN THE OFFICE OF MAYOR.

Section I. That Section 3 of Charter Ordinance 13 is hereby repealed and amended to read as follows:

Section III: In every other odd numbered year, a Mayor for the City of Prairie Village shall be elected from the City at large. Once elected, the Mayor shall hold office for four (4) years and until a successor is elected and qualified. The Mayor elected in 1999 shall have a term expiring in 2003.

In case of a vacancy occurring by reason of resignation, death, removal from office or the Mayor no longer residing in the City, the President of the Council will fill the vacancy by serving as Mayor until the Council elects a new Mayor. The Council shall elect, by a majority of those Council Members present, a new Mayor from those Council Members serving at the time of the vacancy within thirty (30) days of the vacancy to serve until the next regularly scheduled City election. The vacancy in the Council created by the Council electing a new Mayor will be filled in accordance with Section 2.08.030 of the Prairie Village Municipal Code.

(06/18/2001)

CHARTER ORDINANCE 21

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS FROM THE PROVISIONS OF K.S.A. 47-712 WHICH PROHIBITS ALCOHOLIC LIQUOR SALE ON SUNDAY AND CERTAIN HOLIDAYS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS AUTHORIZING THE CITY OF PRAIRIE VILLAGE, KANSAS, TO ALLOW ALCOHOLIC LIQUOR SALES ON SUNDAY AND SPECIFIED HOLIDAYS.

WHEREAS, the City of Prairie Village, Kansas, is authorized to exercise the powers, functions and duties of the city of the first class, including home rule powers in the manner and subject to the limitations provided by Article 12, Section 5 of the Constitution of the State of Kansas; and

WHEREAS, K.S.A. 41-712 was adopted in 1949 as part of an enactment in Chapter 242 of the Session Laws that contained statutes that were non-uniform; and that the City of Prairie Village has the authority to exempt itself from the provisions of said statute.

Section One: The City of Prairie Village, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and make inapplicable to it the provisions of K.S.A. 41-712 which applies to this city but is part of enactment commonly known as Kansas Liquor Control Act, as enacted in Chapter 242 of the Session Laws of 1949, which enactment applies to this city but does not apply uniformly to all cities.

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

Sale at retail; forbidden on certain days; hours of sale, exception No person shall sell at retail any alcoholic liquor: (1) before 9:00 a.m. or after 11:00 p.m. Monday through Saturday; or (2) before 11:00 a.m. or after 8:00 p.m. on Sunday, Memorial Day, Independence Day, or Labor Day; or (3) on Christmas Day or Thanksgiving Day.

(07/07/2003)

CHARTER ORDINANCE 22

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 12 OF THE CITY OF PRAIRIE VILLAGE, KANSAS AND FURTHER EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS FROM K.S.A. 13-1017 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS TO ESTABLISH A UNIFORM POLICY FOR BID SOLICITATION, PURCHASE ORDER SYSTEM AND APPROVAL IN ESTABLISHING A BID PROCEDURE FOR PUBLIC IMPROVEMENT PROJECTS.

Section 1. The City of Prairie Village, Kansas, hereby repeals Charter Ordinance No. 12.

Section 2. The City of Prairie Village, Kansas, a Mayor-Council city of the first class by the powers vest in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself and make inapplicable to it all of the provisions of K.S.A. 13-1017, relating to public improvements, estimates of the cost to such improvements, contracts, bids, bond issue and when.

Section 3. The City Council of the City of Prairie Village, Kansas, shall from time to time adopt a policy that provides a procedure for determining when bids are required on public improvement projects and, further, adopt a procedure in determining when construction cost estimates are required and how they are received for public improvement projects. This policy shall be reviewed and amended from time to time by the City Council of this City.

(02/06/2006)

CHARTER ORDINANCE NO. 23

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, JOHNSON COUNTY, KANSAS, FROM THE PROVISIONS OF THE WATER POLLUTION CONTROL ACT, K.S.A. 12-3101 THROUGH K.S.A. 12-3107, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING TO THE ESTABLISHMENT, OPERATION, MAINTENANCE, IMPROVEMENT, AND REGULATIONS OF SEWER SYSTEMS, INCLUDING BUT NOT LIMITED TO, STORM AND SURFACE WATER DRAINAGE SYSTEMS AND FLOOD PROTECTION WORKS, AND TO THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR THE PROPERTY AND IMPROVEMENTS NECESSARY FOR ALL ASPECTS OF THE MANAGEMENT OF THESE SYSTEMS.

WHEREAS, the City of Prairie Village, Johnson County, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, may exempt itself from the provisions of statutory enactment that is not uniformly applicable to all cities, and may adopt substitute and additional provisions thereto; and

WHEREAS, the Water Pollution Control Act, K.S.A. 12-3101, et seq., is applicable to the City, but not uniformly applicable to all cities;

NOW, THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PRAIRIE VILLAGE, JOHNSON COUNTY, KANSAS

SECTION 01 EXEMPTION OF KANSAS STATUES

A.

The City of Prairie Village, Johnson County, 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 and make inapplicable to it Sections 12-3101, 12-3102, 12-3103, 12-3104, 12-3105, 12-3106, and 12-3107 of the Kansas Statues Annotated, which apply to the City, acting as a city of the first class, and which are not uniformly applicable to all cities, and the City hereby provides further substitute and additional provisions as set forth herein.

SECTION 02 DEFINITIONS

A.

For the purpose of this Chapter Ordinance, the following words and phrases shall have the meaning ascribed to them in this section:

a.

"Person" shall mean any person, firm, corporation, association, partnership, political unit, or organization.

b.

"Sewer", "Sewer System", and "Sewer Systems" shall mean surface water and storm sewers that exist at the time this Charter Ordinance is adopted or that are hereafter established and all appurtenances necessary in the maintenance, operation, regulation, and improvements of the same, including, but not limited to, pumping stations; enclosed sewer systems; outfall sewers; surface drains; street, curb and alley improvements associated with storm or surface water improvements; natural and manmade wetlands; channels; ditches; rivers; streams; other Stormwater conveyances; detentions and retention facilities; and other flood control facilities and works for the collection, conveyance, pumping, treating, controlling, managing and disposing of water carried pollutants or storm or surface water.

c.

"Stormwater Customer" shall mean the owner of any real property served or benefited, whether voluntarily or involuntarily, by the function of any Sewer, Sewer System, or Sewer Systems, which captures, controls, conveys, discharges, manages, or regulates the flow or water quality of storm and surface waters within and from the City, or is served or benefited by the administration, activities and operation of the Stormwater Management Program of the City. This service or benefit shall include, but not be limited to, capturing, controlling, conveying, discharging, improving, managing and regulating the flow and water quality of storm and surface water from a property or from other properties situated at higher or lower elevations that might otherwise be subservient in right, and the administrative, planning, technical, regulatory and enforcement actions necessary to provide these services and/or benefits.

d.

"Stormwater Management Program" means all aspects of work necessary to perform and provide storm and surface water services in the City, including but not limited to administration, planning, engineering, operations, maintenance, best management practices, control measures, public education, citizen participation, regulation and enforcement, protection, and capital improvements, plus such non-operating expenses as reserves and bond debt service coverage as are associated with provision of the Stormwater Management Program.

e.

"Stormwater Management System" means surface water and storm sewers and all appurtenances necessary in the maintenance, operation, regulation, and improvement of the same, including, but not limited to, pumping stations; enclosed storm sewers; outfall sewers; surface drains; street, curb and alley improvements associated with storm or surface water improvements; natural and manmade wetlands; channels; ditches; rivers; streams; detention and retention facilities; and other flood control facilities and works for the collection, conveyance, pumping, infiltration, treating, controlling, managing and disposing of water carried pollutants or storm or surface water.

SECTION 03 SEWER SYSTEMS: POWERS OF THE CITY

A.

The City shall have all powers necessary or convenient to plan, study, design, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, protect, manage, and regulate and enforce the proper use of a Sewer System or Sewer Systems, including the powers that the City may, from time to time, establish by way of ordinances, and/or resolutions adopted by the Governing Body of the City and including, but not by way of limitation, the following powers:

B.

To impose service, user, impact, in lieu of construction, buy in and plan review and inspection fees, special assessments, system development and other charges and/or taxes of Stormwater Customers. The method of calculating and fixing these charges and/or taxes shall be as established by regular ordinance or by rules and regulations heretofore or hereafter adopted;

C.

To provide that charges and/or taxes authorized herein, may be certified by the City Clerk to the County Clerk of Johnson County, Kansas, to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as taxes;

D.

To use the proceeds of the charges and/or taxes authorized herein, together with any other available revenues, to pay costs of the Stormwater Management Program, including, but not limited to, the costs to plan, study, design, engineer, and operate the Stormwater Management Program, and to plan, study, design, engineer, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, manage, protect, acquire real or personal property by purchase, lease, donation, condemnation, or otherwise for, and regulate and enforce the use of a Sewer System or Sewer Systems;

E.

To use and to pledge the proceeds of the charges and/or taxes authorized herein and any available taxes, to pay the principal and interest on general obligation or revenue bonds heretofore or hereafter issued; and pending the issuance of the general obligations bonds or revenue bonds to issue temporary financing for these purposes;

F.

To contract with agencies of the federal government, the State of Kansas, other states, counties, cities, drainage districts, public bodies of the state, or other states, or with any person to jointly plan, study, design, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate maintain, protect, acquire real or personal property by purchase, lease, donation, condemnation, or otherwise for a Sewer System or Sewer Systems; regulate the use of a Sewer System or Sewer Systems; and to plan, study, design, engineer, operate, administer, maintain, and manage the Stormwater Management Program;

G.

To contract with agencies of the federal government, the State of Kansas, other states, counties, cities, drainage districts, public bodies of the state, or other states, or with any person for receiving and treating storm or surface water from outside the limits of the City;

H.

To carry out the Stormwater Management Program, including, but not limited to, the power to plan study, design, engineer, design, administer, manage, and operate the Stormwater Management Program and to plan study, design, engineer, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, manage, protect, acquire real or personal property by purchase, lease, donation, condemnation, or otherwise for, and regulate and enforce the use of a Sewer System or Sewer Systems;

I.

To borrow money and to apply for and accept advances, loans, grants, contributions, or any other form of financial assistance from the federal government, the State of Kansas, other states, counties, cities, drainage districts, or any other public body for the purposes of this act, and the City may, when contracting with the federal government for financial assistance, include in any contract the conditions impose pursuant to federal law as the City may deem reasonable and appropriate;

J.

To, under the authority granted herein, establish a stormwater utility to be accounted for as separate enterprise fund or special revenue fund of the City, as deemed reasonable and appropriate by the Governing Body of the City; and

K.

To utilize any mechanism deemed reasonable and appropriate by the Governing Body of the City to deliver billings to Stormwater Customers for services.

SECTION 04 RULES AND REGULATIONS AUTHORIZED:

A.

The City shall have the power by ordinance or resolution to adopt rules and regulations that shall relate to the management and operation of its Stormwater Management Program and Sewer System or Sewer Systems; the method of calculating and fixing the charges and/or taxes applicable to properties served by the Sewer System or Sewer Systems or activities associated therewith; security for the payment thereof, and methods and rules of collection; and the disposition of the revenue therefrom. In the event any person by the City's Sewer System or Sewer Systems shall neglect, fail, or refuse to pay service fees fixed by the Governing Body of the City, as authorized by rules and regulations adopted under authority of this section and if a billing system has been established for the delivery and collection of service fees, the City may take any action authorized by law to collect any fees that are due and owing.

SECTION 05 ISSUANCE OF SEWER SYSTEM REVENUE BONDS

A.

The Governing Body of the City shall have the power to use any unencumbered municipal revenues or to issue revenue bonds from time to time in its discretion, without an election, to finance the planning, altering, enlarging, extending improving, constructing and reconstructing of a Sewer System or Sewer Systems under this Charter Ordinance. These bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the City derived from or held in connection with its Sewer System or Sewer Systems; provided, however, that payment of these bonds, both as to principal and interest, may be further secured by a pledge of other unencumbered municipal revenues and of any loan, grant or contribution from the federal government, the State of Kansas, other states, counties, cities, drainage districts, public bodies of the state or other states or any person.

B.

Bonds issued under this section shall constitute indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and shall not be subject to the provisions of any other law relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of this Charter Ordinance are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.

C.

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

D.

Pending the issuance of revenue bonds authorized by this Charter Ordinance, the Governing Body of the City may issue revenue anticipation bonds of the City for the purpose of providing interim financing for a project, these revenue anticipation bonds being payable from revenue bonds issued to provide permanent financing for activities authorized by this Charter Ordinance and the income, proceeds, revenues and funds of the City derived from or held in connection with its Sewer System or Sewer Systems.

SECTION 06 POWERS SUPPLEMENTAL AND ADDITIONAL

A.

The power granted herein with respect to the Stormwater Management Program , including, but not limited to the power to plan, study, design, engineer, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, manage, protect, acquire real or personal property by purchase, lease, donation, condemnation, or otherwise for, and regulate the use of a Sewer System or Sewer Systems and to issue bonds shall be supplemental to an not amendatory of the provisions of all other laws heretofore or hereafter in force and shall not be construed to limit the City's authority under the provisions of any other laws.

SECTION 07 SEVERABILITY

A.

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

(4/21/2008)

CHARTER ORDINANCE NO. 24

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM THE PROVISIONS OF K.S.A. 25-2108a, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE REQUIREMENTS FOR PRIMARY ELECTIONS FOR CITY OFFICERS

Section I. The City of Prairie Village, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself and make inapplicable to it the provisions of K.S.A. 25-108s and any amendments thereto, which is applicable to the City of Prairie Village but the act of which it is a part is not uniformly applicable to all cities, and the City hereby provides further substitute and additional provisions as set forth herein.

Section 2. Primary Elections

(a)

There shall be a primary election of city officers on the Tuesday preceding by five weeks the first Tuesday in April of every year that the City of Prairie Village has a city election, except as otherwise provided in subsection (b) of this section.

(b)

No primary election for city officers shall be held unless by holding such primary one (1) or more persons will be eliminated as candidates for office. In the event there are not more than two (2) candidates for any one office, the names of the candidates for such office shall not appear on the primary election ballots, and there shall be no primary election for city officers, but the names of such candidates shall be placed on the general city election.

Adopted by the Governing Body June 15, 2009.

CHARTER ORDINANCE NO. 25

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS FROM THE PROVISIONS OF K.S.A. 13-1024a AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO GENERAL IMPROVEMENTS AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IMPROVEMENTS.

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 passing charter ordinances which exempt such cities from non-uniform statutes and acts of the Kansas Legislature; and

WHEREAS, the City of Prairie Village, Kansas (the "City") is a City, as defined in the Act and is a City of the first class, duly created and organized, under the laws of the State of Kansas; and

WHEREAS, K.S.A. 13-1024a is part of an enactment of the Kansas Legislature (K.S.A. 13-1024a et seq.) relating to general improvements and the issuance of bonds for such purposes, which enactment is applicable to the City, but is not uniformly applicable to all cities within the State of Kansas; and

WHEREAS, the Governing Body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 13-1024a, and to provide substitute and additional provisions therefore.

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

SECTION 1. Exemption - K.S.A. 13-1024a. The City of Prairie Village, Kansas (the "City") by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and hereby makes inapplicable to it the provisions of K.S.A. 13-1024a, and does hereby provide the following substitute and additional provisions in place thereof:

For the purpose of paying for any bridge, viaduct, street, sidewalk or pedestrian way improvement, airport, public building or structure, parking improvement, or other public utility or works, including any appurtenances related thereto and the land necessary therefore, for lands for public parks and recreation facilities, including golf courses, stadiums and community centers, and developing and making improvements to the same, within or without the city, for the establishment, development and construction of crematories, desiccating or reduction works, including any appurtenances related thereto and the land necessary therefore, within or without the city, or for the improvement, repair or extension of any waterworks, sanitary sewer facilities, sewage treatment or disposal plant, sewerage system, storm water improvement, electric light plant, crematory, desiccating or reduction works or other public utility plant or works owned by the city, and for the purpose of rebuilding, adding to or extending to the same or acquiring land necessary therefore from time to time, as the necessities of the city may require, or for the acquisition of equipment, vehicles and other personal property to be used in relation to any of the improvements authorized herein, the city may borrow money and issue its general obligation bonds and/or temporary notes for the same.

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

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-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 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 purpose.

PASSED with at least a two-thirds (2/3) vote of the entire Governing Body of the City of Prairie Village, Kansas, on August 3, 2009. This ordinance is currently under appeal.

CHARTER ORDINANCE NO. 26

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-513 AND K.S.A. 12-104a, WHICH RELATE TO VACANCIES IN THE OFFICE OF MAYOR OR COUNCIL MEMBER, AND FROM K.S.A. 25-2108a RELATING TO PRIMARY ELECTIONS, AND REPEALING CHARTER ORDINANCE NOS. 14, 20 AND 24.

Section 1. The City of Prairie Village, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it K.S.A. 13-513 and K.S.A. 12-104a relating to the filling of governing body vacancies, and K.S.A. 25-2108a relating to primary elections, which enactments apply to this City, but do not apply uniformly to all cities, and provides substitute and additional provisions as hereafter set forth.

Section 2. Substitute and additional provision on the subjects addressed by K.S.A. 13-513 and K.S.A. 12-104a relating to the filling of governing body vacancies, and K.S.A. 25-2108a relating to primary elections, are and will be contained in one or more ordinary ordinances.

Section 3. Charter Ordinance Nos. 14, 20 and 24 or other City ordinances, in conflict herewith are hereby repealed.

(11-2-2015)

CHARTER ORDINANCE NO. 27

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM THE PROVISIONS OF SUBPARAGRAPHS (b) AND (f) of K.S.A. 12-1696, SUBPARAGRAPH (a) OF K.S.A. 12-1697 AND FROM THE PROVISIONS OF SUBPARAGRAPH (e) of K.S.A. 12-1698, WHICH RELATE TO THE LEVY OF A TRANSIENT GUEST TAX, TO CERTAIN DEFINITIONS, TO THE MAXIMUM RATE THEREOF, AND TO THE PURPOSES FOR WHICH TRANSIENT GUEST TAX REVENUES MAY BE SPENT; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS.

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

Section 1. The City of Prairie Village, Kansas, is a city of the first class, and by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does hereby exempt, itself from, and makes inapplicable to it, the provisions of subparagraphs (b) and (f) of K.S.A. 12-1696, subparagraph (a) of K.S.A. 12-1697 and the provisions of subparagraph (e) of K.S.A. 12-1698, which relate to the levy of a transient guest tax, to the definitions of "hotel, motel or tourist court" and "accommodations broker", to the levy and maximum rate thereof, and to the purposes for which transient guest tax revenues may be spent, and hereby provides substitute and additional provisions on the same subjects as set forth herein. The referenced statutes are not uniformly applicable to all cities in Kansas.

Section 2. The following is hereby substituted for the provisions of K.S.A. 12-1696(b) and K.S.A. 12-1696(f):

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

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

"Accommodations broker" means any business which maintains an inventory of six or more bedrooms in one location which are offered for pay to a person or persons for not more than 28 consecutive days.

Section 3. A transient guest tax of nine percent (9%) is hereby levied upon the gross receipts derived from or paid directly or through an accommodations broker by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel or tourist court located within the City of Prairie Village. The percentage of such transient guest tax may hereafter be determined by the Governing body by ordinary ordinance.

Section 4. Revenues received by the City from the transient guest tax shall be expended for all, or any portion of, community, economic development and cultural activities which encourage or which are deemed to result in increased economic development, visitors and tourism for the City, and to the payments of principal and interest on bonds issued by the City, including bonds issued pursuant to K.S.A. 12-1774.

Section 5. All other provisions of K.S.A. 12-1696, K.S.A. 12-1697 and K.S.A. 12-1698, not exempted hereby, shall remain the same.

(12-7-2015)

CHARTER ORDINANCE NO. 28

A CHARTER ORDINANCE EXEMPTING THE CITY OF PRAIRIE VILLAGE, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-1024a AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO GENERAL IMPROVEMENTS AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IMPROVEMENTS; AND REPEALING CHARTER ORDINANCE NO. 25.

Section 1. Exemption - K.S.A. 13-1024a. The City by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and hereby makes inapplicable to it the provisions of K.S.A. 13-1024a, and does hereby provide the following substitute and additional provisions in place thereof:

For the purpose of paying for any bridge, viaduct, street, sidewalk or pedestrian way improvement, airport, public building or structure, parking improvement, or other public utility or works, including any appurtenances related thereto and the land necessary therefor, for lands for public parks and recreation facilities, including golf courses, stadiums and community centers, and developing and making improvements to the same, within or without the city, for the establishment, development and construction of crematories, desiccating or reduction works, including any appurtenances related thereto and the land necessary therefor, within or without the city, or for the improvement, repair or extension of any streetlights, waterworks, sanitary sewer facilities, sewage treatment or disposal plant, sewerage system, storm water improvement, electric light plant, crematory, desiccating or reduction works or other public utility plant or works owned by the city, and for the purpose of rebuilding, adding to or extending to the same or acquiring land necessary therefor from time to time, as the necessities of the city may require, or for the acquisition of equipment, vehicles and other personal property to be used in relation to any of the improvements authorized herein, the city may borrow money and issue its general obligation bonds and/or temporary notes for the same.

(7-18-2016)

CHARTER ORDINANCE NO. 29

A CHARTER ORDINANCE OF THE CITY OF PRAIRIE VILLAGE, KANSAS, KANSAS, RELATING TO TRANSIENT GUEST TAX LEVY, EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-1696 THROUGH 12-1698a, INCLUSIVE, PROVIDING FOR ADDITIONAL AND SUBSTITUTE PROVISIONS ON THE SAME SUBJECT, AND REPEALING CHARTER ORDINANCE NO. 27.

SECTION 1. That pursuant to the provisions of Section 5(c) of Article Twelve (12) of the Constitution of the State of Kansas, the City of Prairie Village, Kansas, hereby exempts itself from the provisions of K.S.A. 12-1696 through 12-1698a, inclusive, and adopts the following additional and substitute provisions:

a.

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

i.

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

ii.

"Hotel, motel or tourist court" means any structure or building which contains rooms furnished for the purposes of providing lodging, which may or may not also provide meals, entertainment or various other personal services to transient guests, and which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient or permanent guests and having six or more bedrooms furnished for the accommodation of such guests The terms shall not include group homes (as defined by K.S.A. 12-736, as amended).

iii.

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

iv.

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

v.

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

b.

In order to provide revenues to promote tourism and conventions, the governing body of the City of Prairie Village, Kansas (City) is hereby authorized to levy, and the City hereby does levy, a transient guest tax at not to exceed the rate of nine percent (9%) upon the gross receipts derived from or paid directly or through an accommodations broker by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel or tourist court located within the City of Prairie Village. The percentage of such transient guest tax may hereafter be determined by the Governing body by ordinary ordinance.

c.

Any transient guest tax levied pursuant to this section shall be based on the gross rental receipts collected by any business or accommodations broker.

d.

The transient guest taxes levied pursuant to this section shall be paid by the consumer or user to the business and it shall be the duty of each and every business to collect from the consumer or user the full amount of any such tax, or an amount equal as nearly as possible or practicable to the average equivalent thereto. Each business collecting any of the taxes levied hereunder shall be responsible for paying over the same to the City, and the City shall administer and enforce the collection of such taxes. To the extent the City timely and actually receives transient guest taxes from a third-party provider or platform (whether pursuant to a voluntary collection agreement or otherwise), then a business shall not be responsible for payment of transient guest taxes; provided, that to the extent transient guest taxes are not so timely or actually received, the business will remain responsible for payment of transient guest taxes.

e.

The collection of any City transient guest tax authorized to be levied pursuant to this section has previously commenced under previous Charter Ordinance No. 27, and shall continue as of the effective date of this Charter Ordinance.

f.

Any tax levied and collected shall become due and payable by the business monthly, on or before the 25th day of the month immediately succeeding the month in which it is collected, with the first payment due and payable on or before the 25th day of the month specified in the resolution of the governing body which levies the tax. Each business shall make a true report to the City, on a form prescribed by the City Clerk, providing such information as may be necessary to determine the amounts to which any such tax shall apply for all gross rental receipts for the applicable month or months, which report shall be accompanied by the tax disclosed thereby. Records of gross rental receipts shall be kept separate and apart from the records of other retail sales made by a business in order to facilitate the examination of books and records as provided herein.

g.

The City Clerk or the City's authorized representative shall have the right at all reasonable times during business hours to make such examination and inspection of the books and records of a business as may be necessary to determine the accuracy of such reports.

h.

The City Clerk is hereby authorized to administer and collect any transient guest tax levied pursuant to this Charter Ordinance and to adopt such procedures as may be necessary for the efficient and effective administration and enforcement of the collection thereof. Whenever any business liable to pay any transient guest tax refuses or neglects to pay the same, the amount, including any penalty, shall be collected in the manner prescribed for the collection of the transient guest tax by the Code of Ordinances and amendments thereto. All of the taxes collected under the provisions of this Charter Ordinance shall be remitted by the City to the City Clerk in accordance with the provisions of the Code of Ordinances, and amendments thereto. Upon receipt of each such remittance, the City Clerk shall deposit the entire amount in the City treasury, and the city treasurer shall credit 2% of all taxes so collected to the City general fund to defray the expenses of the department in administration and enforcement of the collection thereof. The remainder of such taxes shall be credited to the City transient guest tax fund, which fund is hereby established.

i.

Revenues received by the City from the transient guest tax shall be expended for all, or any portion of, community, economic development and cultural activities which encourage or which are deemed to result in increased economic development, visitors and tourism for the City, and to the payments of principal and interest on bonds issued by the City, including bonds issued pursuant to K.S.A. 12-1774.

j.

Interest and penalties for failure to pay or untimely payment of transient guest tax shall be as follows:

i.

If any taxpayer shall fail to pay the tax levied pursuant to this Charter Ordinance, and amendments thereto, there shall be added to the unpaid balance of the tax, interest at the rate per month prescribed by the Code of Ordinances, and amendments thereto, from the date the tax was due until paid.

ii.

If any taxpayer due to negligence or intentional disregard fails to pay the tax due at the time required by or under the provisions of this Charter Ordinance, and amendments thereto, there shall be added to the tax a penalty in an amount equal to 10% of the unpaid balance of tax due.

iii.

If any person fails to pay any tax, within sixty (60) days from the date the return or tax was due, except in the case of an extension of time granted by the city manager, there shall be added to the tax due a penalty equal to 25% of the amount of such tax.

iv.

If any taxpayer, with fraudulent intent, fails to pay any tax or make, render or sign any return, or to supply any information, within the time required by or under the provisions of this Charter Ordinance, and amendments thereto, there shall be added to the tax a penalty in an amount equal to 50% of the unpaid balance of tax due.

v.

Penalty or interest applied under the provisions of subsections j.i and j.iv shall be in addition to the penalty added under any other provisions of this section, but the provisions of subsections j.ii and j.iii shall be mutually exclusive of each other.

vi.

The failure of the taxpayer to comply with the provisions of subsections j.ii and j.iii was due to reasonable causes and not willful neglect; the city administrator may waive or reduce any of the penalties upon making a record of the reasons therefor.

vii.

For serious or repeated and/or continuous violations of any of the requirements of this Charter Ordinance, or for interference with the City staff performance of duties, any license to operate or conduct business as a hotel, motel, or tourist court may be suspended and/or permanently revoked after an opportunity for a hearing before the City Council has been provided. Prior to such action, the City Clerk shall notify the license holder in writing, stating the reasons for which the license is subject to suspension and advising that the license shall be temporarily suspended at the end of thirty (30) days following service of such a notice, unless a request for a hearing is filed with the City Clerk, by the license holder, within ten (10) days.

viii.

Hearings provided for in this Charter Ordinance shall be conducted by the City Council at a time and place designated by the City Council. Based upon the record of such hearing, the City Council shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the license holder by the City Clerk.

ix.

In addition to all other penalties provided by this section, any person who willfully fails to pay any tax imposed under this Charter Ordinance, and amendments thereto, or who makes a false or fraudulent return, or fails to keep any books or records necessary to determine the accuracy of the person's reports, or who willfully violates any regulations of the City, for the enforcement and administration of the provisions of this Charter Ordinance, inclusive, and amendments thereto, or who aids and abets another in attempting to evade the payment of any tax imposed or who violates any other provision of this Charter Ordinance, inclusive, and amendments thereto, shall, upon conviction thereof, be fined not less than $100.00 nor more than $1,000.00, or be imprisoned in the city county jail not less than one (1) month nor more than six (6) months, or be both so fined and imprisoned, in the discretion of the court.

SECTION 2. Charter Ordinance No. 27 is hereby deleted and repealed in its entirety.

(7-20-2020)