APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 23

AN ORDINANCE REPEALING CHARTER ORDINANCE NOS. 3, 5, 11, AND 14 OF THE CITY OF ANDOVER; CONTINUING TO EXEMPT THE CITY FROM K.S.A. 14-103, 14-201, 14-204, 14-207, AND 14-308; PROVIDING SUBSTITUTE PROVISIONS WHICH UPDATE THE CODE OF THE CITY OF ANDOVER TO REFLECT THE MANDATORY STATUTORY ELECTION LAW CHANGES CONTAINED IN L. 2015, CHAPTER 88, SECTION 8 OF THE KANSAS LEGISLATURE, WHICH WENT INTO EFFECT JULY 1, 2015.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ANDOVER, BUTLER COUNTY, STATE OF KANSAS.

SECTION 1.  REPEAL.  Charter Ordinance Nos. 3, 5, 11 and 14 of the City of Andover, Kansas (the “City”) are hereby repealed.

SECTION 2.  INAPPLICABILITY.  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 continue to exempt itself and hereby makes inapplicable to it K.S.A. 14-103, 14 201, 14-204, 14-207, and 14-308. Such referenced provisions are either enactments or parts thereof which are applicable to this City and not applicable uniformly to all cities, and the City provides further substitute and additional provisions as set forth herein.

SECTION 3.  SUBSTITUTE PROVISIONS.  By virtue of the powers vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, the City hereby enacts the following substitute and additional provisions by amending the Code of the City of Andover, as follows:

Section 1-105, Chapter I, Article 1 of the Code of the City of Andover is hereby deleted and amended as follows:

1-105.           President of Council; Election; Duties.

(a)   The Governing Body shall, at its regular meeting following any city election, elect one of its members as “President of the Council.”  When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or otherwise, the President of the Council for the time being shall exercise the office of Mayor, and all the rights, privileges and jurisdiction of the Mayor, until such vacancy be filled at the next city election or until such disability be removed, or in the case of temporary absence, until the Mayor shall return.

Section 1-106, Chapter I, Article 1 of the Code of the City of Andover is hereby deleted and amended as follows:

1-106.    Vacancies in Governing Body; How Filled.

(a)   In case of a vacancy in the office of Council Member occurring by reason of resignation, death, or removal from office or from the City, the Mayor, by and with the consent of a majority of the remaining Council Members, shall appoint some suitable elector of the City to fill the vacancy until the next election for that Council Member’s position. In case the President of the Council shall become the permanent Mayor, a vacancy shall occur in the office of the Council Member becoming Mayor.

(b)   The procedure for filling vacancies in the governing body shall apply, provided such vacancies have been filled within 60 days of the vacancy.  If a vacancy is not filled within 60 days of the vacancy, the Kansas statutory procedure to fill vacancies shall apply.

Section 1-201, Chapter I, Article 2 of the Code of the City of Andover is hereby deleted and amended as follows:

1-201.    Appointment and Removal of Officers; Mayor and Council, City Board Appointees.

(a)   The Mayor, at the second regular meeting of the Council in January of each year, shall appoint, by and with the consent of the Council, a City Clerk, a Treasurer, a Municipal Judge, a Chief of Police, a City Attorney, a City Engineer, a City Prosecutor and any other officers deemed necessary, whose offices are hereafter provided by Ordinance. All such officers shall qualify in the manner and shall have and perform the duties required by this and other Ordinances of the City and the applicable laws of Kansas.  Unless otherwise resigned or removed, all existing appointed officers shall continue to hold office until their successors have been appointed and qualified.  Every appointment to office, and the date thereof, shall be entered on the journal of proceedings of the Council.

(b)   All persons appointed to various boards and commissions of the City of Andover, Kansas, by the Mayor with approval of the Council shall meet from time to time as provided by law or policy.  Should a board or commission member fail to attend 50% or more of scheduled meetings within a period of twelve consecutive months, such member shall automatically forfeit his or her membership upon such board or commission and shall be replaced as though he or she had resigned.

Section 1-203.1, Chapter I, Article 2 of the Code of the City of Andover is hereby deleted and amended as follows:

1-203.1. City Treasurer; Appointment.

       In accordance with the provisions of City Charter Ordinance Nos. 16 and 23, the Mayor shall appoint, by and with the consent of the Council, a City Treasurer at the second regular meeting of the Council in January of each year or as soon thereafter as is practical.

Section 6-103, Chapter VI, Article 1 of the Code of the City of Andover is hereby deleted and amended as follows:

6-103.    Regular City Elections.

       The Mayor and each member of the City Council shall be qualified electors of the City and serve for a term of four (4) years with three (3) Council Members to be elected during the regular City Election to be held on the Tuesday succeeding the first Monday in November of 2017 with terms commencing on the second Monday in January following certification of the election and the Mayor and three (3) Council Members to be elected thereafter at the Regular City Election to be held on the Tuesday succeeding the first Monday in November 2019 with terms commencing on the second Monday in January following certification of the election.  The existing Mayor and Council Members shall continue to hold office until their successors have been elected and qualified as provided above.  Terms otherwise expiring in April 2017 and April 2019 shall be extended to January of the next succeeding year in accordance with Kansas law.

(11-08-2016)