A CHARTER ORDINANCE EXEMPTING THE CITY OF ANDOVER, KANSAS FROM THE PROVISIONS OF K.S.A. 17-2341 PROVIDING SUBSTITUTE PROVISIONS THEREFOR ON THE SAME SUBJECT RELATING TO THE APPOINTMENT OF COMMISSIONERS FOR THE HOUSING AUTHORITY OF THE CITY OF ANDOVER, KANSAS, AND AMENDING CHAPTER VIII, ARTICLE 4, SECTION 8-402 AND SECTION 8-403 OF THE CODE OF THE CITY OF ANDOVER, KANSAS.

WHEREAS, the City of Andover, Kansas (the “City”) is a city of the second class duly organized and existing under the laws of the State of Kansas; and

WHEREAS, pursuant to Article 12, § 5, of the Constitution of the State of Kansas, cities are empowered to determine their local affairs and government except for legislative enactments applicable uniformly to all cities;

WHEREAS, K.S.A. 17-2341 is applicable to the City but is part of enactments not uniformly applicable to all cities and the City finds and determines it necessary and advisable to exempt itself from and make inapplicable to it the provisions of K.S.A. 17-2341 and to provide substitute provisions for such statute;

WHEREAS, the City has previously adopted Chapter VIII, Article 4 of the Code of the City of Andover, Kansas (the “Code”), which contains provisions creating The Housing Authority; and

WHEREAS, the governing body of the City desires, and finds it necessary and advisable to amend Section 8-402 and Section 8-403 of Chapter VIII, Article 4 of the Code.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ANDOVER, BUTLER COUNTY, KANSAS:

SECTION 1.          Exemption from Statute.  The City, pursuant to Article 12, §5 of the Kansas Constitution, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 17-2341.

SECTION 2.          Enactment of Substitute Provisions for K.S.A. 17-2341. The following provisions are enacted in substitution for K.S.A. 17-2341:

When the governing body of a municipality adopts a resolution pursuant to K.S.A. 17-2340, it shall promptly notify the mayor or board of county commissioners of its adoption. The council and the mayor shall be the commissioners of the authority created for said municipality.

A commissioner shall receive no compensation for his or her services, but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties.

The powers delegated by a municipality to an authority shall be vested in the commissioners thereof in office from time to time. Four (4) commissioners shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the authority upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number. Meetings of the commissioners of an authority may be held anywhere within the perimeter boundaries of the area of operation of the authority or within any additional area where the authority is authorized to undertake a project. The commissioners of an authority may elect a chairman and vice-chairman from among the commissioners.

SECTION 3.          Amendment of Chapter VIII, Article 4 of the Code.  The City hereby amends Section 8-402 and 8-403 of Article 4, Chapter VIII, of the Code to read, as follows:

Section 8-402.            Authority.

The Council and the Mayor shall be the commissioners of the Authority so established in Section 8-401 hereinabove, and are hereinafter referred to as “Commissioners.” The Mayor shall serve as chairman of the Authority and the President of the City Council shall serve as vice-chairman, as the same shall from time to time be elected and installed.

The Commissioners shall receive no compensation for his or her services for the Housing Authority, but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties.

Section 8-403.            Quorum.

Four (4) Commissioners shall constitute a quorum of such Authority for the purpose of conducting business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the Authority upon a vote of a majority of the Commissioners present, unless in any case the bylaws of the Authority shall require a larger number. The Mayor shall have the same vote as any other Commissioner. Meetings of the Commissioners of the Authority may be held anywhere within the perimeter boundaries of the area of operation of the Authority or within any additional area where the Authority is authorized to undertake a project.

(03-13-2021)