A CHARTER ORDINANCE EXEMPTING THE CITY OF MCLOUTH, KANSAS FROM PROVISIONS OF 12-4108 REQUIRING APPOINTMENT OF THE MUNICIPAL COURT CLERK BY THE MUNICIPAL COURT JUDGE.

WHEREAS, the City of McLouth, Kansas, by authority vested pursuant to Article 12, section 5(b) of the Constitution of the State of Kansas, which empowers cities with the authority to determine the affairs of local government; and

WHEREAS, the City of McLouth, Kansas finds that K.S.A. 12-4108 does not reflect a matter of statewide concern and does not apply uniformly to all cities; and

WHEREAS, Article 12, Section 5(d) of the Kansas Constitution dictates that the powers and authorities granted under Article 12, Section 5, are to be liberally construed to give to cities the largest measure of self-government.

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

Section 1.  The provisions of K.S.A. 12-4108 granting the power to appoint a Municipal Court Clerk to the Municipal Judge shall not apply to the City of McLouth, Kansas.

Section 2.  The Office of the Municipal Court Clerk has been created as permitted by Kansas law and McLouth City Code Section 9-108.

Section 3.  The appointment of the Municipal Court Clerk shall be made by a majority vote of the governing body of the City of McLouth, Kansas, with the terms and conditions of such employment to be governed by Section 9-108 of the McLouth City Code.

Section 4.  The Charter Ordinance shall take effect sixty-one (61) days after its final publication unless a sufficient petition for referendum is filed and a referendum held on this ordinance as provided in Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by the majority of the electors voting thereon.

(08-21-2012)