A CHARTER ORDINANCE EXEMPTING THE CITY OF OSAWATOMIE, KANSAS FROM THE PROVISIONS OF K.S.A. 12-4112, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AUTHORIZING THE GOVERNING BODY TO ESTABLISH FEES AND COSTS FOR THE MUNICIPAL COURT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AND REPEALING CHARTER ORDINANCE NO. 11.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OSAWATOMIE, KANSAS AS FOLLOWS:

SECTION ONE:  That the City of Osawatomie, Kansas, a Mayor-Council-Manager City, being a City of the second class, by the power vested in it and conferred upon it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and makes inapplicable to it K.S.A. 12-4112, which statute is not uniformly applicable to all cities, and hereby elects to provide substitute and additional provisions as herein recited.

SECTION TWO:  COURT FEES AND COSTS. The Governing Body of the City of Osawatomie, Kansas shall establish by ordinary ordinance fees and court costs to be imposed in the Osawatomie Municipal Court from time to time, which costs and fees may include court costs, warrant fees, imprisonment fees, medical reimbursement fees and such other fees and costs as are determined by the Governing Body as necessary for proper and efficient administration of justice.  Such fees shall be imposed as assessed to each defendant for each case that shall result in a conviction in the municipal court.

SECTION THREE:  That in any case of extreme hardship, the Municipal Judge is hereby empowered to waive fees and costs as established by ordinance and to permit the payment of the same by installments, or community service at the rate to be established by ordinance.

SECTION FOUR:  That Charter Ordinance No. 11 and all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION FIVE:  That this Ordinance shall be published once each week for two (2) consecutive weeks in the official City newspaper.

SECTION SIX:  That this is a Charter Ordinance and shall take effect sixty-one (61) days after its final publication but should 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 in the last proceeding regular city election, be filed in the office of the City Clerk, demanding that such an ordinance be submitted to a vote of the electors, it shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon, as provided by Article 12, Section 5 of the Constitution of the State of Kansas.

(05-10-2012)