A CHARTER ORDINANCE EXEMPTING THE CITY OF PAOLA, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-1222, WHICH RELATE TO LIBRARY BOARD APPOINTMENTS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME
BE IT ORDAINED by the City Council of the City of Paola, Kansas:
SECTION ONE. The City of Paola, Kansas, a city of the second 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 make inapplicable to it the provisions of K.S.A. 12-1222, which read as follows:
“12-1222. City, county and township libraries; board; appointment; terms; eligibility; vacancies; expenses. Upon the establishment of a library under this act the official head of a municipality shall appoint, with the approval of the governing body, a library board for such library. In the case of a county, except for Johnson County, or township library five members shall be appointed, one for a term expiring the first April 30 following date of appointment, one for a term expiring the second April 30, following date of appointment, one for a term expiring the third April 30 following date of appointment, and two for terms expiring the fourth April 30 following date of appointment. In the case of a city library seven members shall be appointed, one for a term expiring the first April 30 following date of appointment, two for terms of expiring the second April 30 following date of appointment, two for terms expiring the third April 30 following date of appointment, and two for terms expiring the fourth April 30 following date of appointment. In any city having a population of more than 250,000, the governing body of such city may, as an alternative to the membership hereinabove provided for. appoint ten members to the city library board, which members shall, when first appointed, begin serving on May 1, 1975, and shall have terms as follows: Six of such members first appointed shall serve for terms of four years and four of such members first appointed shall serve for terms of two years; thereafter. upon the expiration of the terms. successors shall be appointed in each odd-numbered year to fill the vacancies created, and thereafter each member shall serve for a term of four years. In addition to the appointed members of the board the official head of the municipality shall be ex officio a member of the library board with the same powers as appointed members, but no person holding any office in the municipality shall be appointed a member while holding such office.
Seven members shall be appointed to the Johnson county library board. Such members. when first appointed, shall begin serving on May 1. 1985. and shall have terms as follows: One for a term expiring the first April 30 following date of appointment, two for terms expiring the second April 30 following date of appointment. two for terms expiring the third April 30 following date of appointment. and two for terms expiring the fourth April 30 following date of appointment.
Upon the expiration of the term of members first appointed succeeding members shall be appointed in like manner for terms of four years. Members of library boards holding office at the effective date of this act shall continue to hold their offices until April 30 following the expiration of the terms for which appointed, and on or before May 1 following the first expiration of a term a sufficient number shall be appointed by the official head of the municipality with the approval of the governing body for terms of four years to constitute a library board of the number of members prescribed by this act.
All members appointed to a library board shall be residents of the municipality. Vacancies occasioned by removal from the municipality, resignation or otherwise, shall be filled by appointment for the unexpired term. No person who has been appointed for two consecutive four-year terms to a library board shall be eligible for further appointment to such board until two years after the expiration of the second term. Appointments made prior to the effective date of this act shall not be counted in determining eligibility for appointment hereunder. Members of library boards shall receive no compensation for their services as such but shall be allowed their actual and necessary expenses in attending meetings and in carrying out their duties as members.”
SECTION TWO: The City of Paola, Kansas, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions for those provisions exempted from in Section One above:
Upon the establishment of a library under K.S.A. 12-1201 et. seq., the mayor shall appoint, with the approval of the governing body, a library board for such library. Seven members shall be appointed, one for a term expiring the first April 30 following date of appointment, two for terms of expiring the second April 30 following date of appointment, two for terms expiring the third April 30 following date of appointment, and two for terms expiring the fourth April 30 following date of appointment. Five members appointed to a library board shall be residents of the City of Paola. The remaining two members shall be residents of the City of Paola, or of the following Miami County Townships: Paola, Marysville, Richland, Valley, Ten Mile, Stanton, or Middle Creek. Vacancies occasioned by moving from the city of Paola or eligible townships, resignation or otherwise, shall be filled by appointment for the unexpired term. No person who has been appointed for two consecutive four-year terms to a library board shall be eligible for further appointment to such board until two years after the expiration of the second term. Members of library board shall receive no compensation for their services as such but shall be allowed their actual and necessary expenses in attending meetings and in carrying out their duties as members.
(04-24-2001)