CHARTER ORDINANCE NO. 190  


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  • A JOINT CHARTER RESOLUTION EXEMPTING SEDGWICK COUNTY, KANSAS AND CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS FROM CERTAIN PROVISIONS OF K.S.A. 65-201, et seq. RELATING TO JOINT LOCAL BOARDS OF HEALTH AND TO APPOINTMENT OF THE LOCAL HEALTH OFFICER: PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO; AND REPEALING CHARTER RESOLUTION 41 OF SEDGWICK COUNTY, KANSAS AND CHARTER ORDINANCE 136 OF THE CITY OF WICHITA.

    WHEREAS, K.S.A. 19-101 et seq. provides that counties may exercise certain home rule powers, including adopting charter resolutions which exempt such counties from acts of the Kansas legislature, subject to certain restrictions contained in K.S.A. 1993 Supp. 19-101a; and

    WHEREAS, Sedgwick County, Kansas is a county within the meaning of the provisions of K.S.A. 19-101 et seq.; and

    WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas grants home rule authority to cities, including the City of Wichita, Kansas; and

    WHEREAS, K.S.A. 65-201, et seq. is not uniformly applicable to all counties or cities within the state of Kansas; and

    WHEREAS, the Board of Sedgwick County Commissioners desires, by charter resolution, to exempt the County from certain provisions of K.S.A. 65-201, et seq. and to provide substitute and additional provisions therefore; and

    WHEREAS, such proposed action is not restricted or limited by the provisions of K.S.A. 19-101a; and

    WHEREAS, the City of Wichita, Kansas, by charter ordinance hereby elects to exempt itself and makes inapplicable to it certain provisions of K.S.A. 65-201, et seq. and to provide substitute and additional provisions therefore.

    NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS AND ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS THAT:

    SECTION 1. Repeal of Existing Charter Resolution No. 41. Sedgwick County Charter Resolution No. 41 is hereby repealed.

    SECTION 2. Repeal of Existing Charter Ordinance No. 136. City of Wichita Charter Ordinance No. 136 is hereby repealed.

    SECTION 3. Exemption. Sedgwick County, Kansas (the "County") is hereby exempted from the provisions of K.S.A. 65-201, 65-205, 65-206, 65-207, 65-208, and 65-209, inclusive, and shall be governed by the following substitute and additional provisions contained in this charter resolution.

    SECTION 4. Sedgwick County Board of Health. The Board of County Commissioners of Sedgwick County shall act as the Sedgwick County Board of Health. The Sedgwick County Manager shall appoint a person licensed to practice medicine and surgery, preference being given to persons who have training in public health, who shall serve in an advisory capacity to the Sedgwick County Board of Health and as the local health officer. The local health officer shall hold office at the pleasure of the Sedgwick County Manager.

    SECTION 5. Exemption. The City of Wichita, Kansas is hereby exempted from the provisions of K.S.A. 65-201, 65-205, 65-206, 65-207, 65-208, and 65-209, inclusive, and shall be governed by the following substitute and additional provisions contained in this charter ordinance.

    SECTION 6. City of Wichita Public Health Powers. The City of Wichita is hereby authorized to establish by ordinance such governmental structure as it deems appropriate from time to time for the orderly transaction and management of public health matters. The City Manager is authorized to address such matters affecting public health as and in the manner he deems fit within the administration of the affairs and business of the City.

    SECTION 7. Severability. If any provision or section of this joint charter resolution or 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 joint resolution or ordinance. this joint charter resolution and charter ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.

    SECTION 8. Effective Date of Charter Resolution. This charter resolution shall be published once a week for two consecutive weeks in the official County newspaper, and shall take effect on January 1, 2002, unless a sufficient petition for a referendum is filed and a referendum held on the resolution as provided in K.S.A. 19-101b, in which case, the ordinance shall become effective upon approval by a majority of the electors voting thereon.

    SECTION 9. Effective Date of Charter Ordinance. This is a charter ordinance which shall be published once a week for two consecutive weeks in the official City newspaper, and shall take effect on January 1, 2002, 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 the State of Kansas, in which case, the ordinance shall become effective upon approval by a majority of the electors voting thereon.

    Bob Knight, Mayor

    ATTEST:

    Pat Burnett, City Clerk

    Approved as to Form:

    Gary E. Rebenstorf,
    Director of Law and City Attorney