AN ORDINANCE ENACTED PURSUANT TO SECTION 5 OF ARTICLE 12 OF THE CONSTITUTION OF THE STATE OF KANSAS, AND ALSO ENACTED PURSUANT TO K.S.A. 12-137, ET SEQ., AND ALL ACTS AMENDATORY AND SUPPLEMENTAL THERETO, AND EXEMPTING THE CITY OF ANDOVER FROM PROVISIONS OF K.S.A. 12-4112 RELATING TO THE LEVYING OF COURT COSTS IN THE MUNICIPAL COURT OF ANDOVER, KANSAS, AND SUPPLEMENTING CERTAIN PROVISIONS OF K.S.A. 12-4411 AND PROVIDING FOR THE PAYMENT OF ANDOVER MUNICIPAL COURT COSTS, AND FURTHER PROVIDING FOR THE PAYMENT OF CERTAIN EXPENSES BEYOND FEES AND COSTS PERMITTED BY K.S.A. 12-4411, AND PROVIDING FOR THE MANNER FOR THE EFFECTING OF OBJECTIONS TO SUCH ORDINANCE AND THE PROVISION FOR THE HOLDING OF AN ELECTION IN THE EVENT THAT A SUFFICIENT NUMBER OF OBJECTIONS ARE FILED WITHIN THE PROPER STATUTORY TIME AS PROVIDED BY K.S.A. 12-138.

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

SECTION 1. This Ordinance is enacted pursuant to Section 5, Article 12 of the Constitution of the State of Kansas, and is enacted in further authority of K.S.A. 12-137, et seq., and all acts amendatory and supplemental thereto.

SECTION 2. That the City of Andover, Kansas hereby declares itself exempt from the provisions of K.S.A. 12-4112, and amendments thereto, as the same became effective on July 1, 1989; provided, however, that nothing herein shall be construed as exempting said City from the assessment required for the training, testing and continuing judicial education of municipal judges.

SECTION 3. That in the discretion of the Judge of the Municipal Court of the City of Andover, Kansas, said Judge may assign and assess costs in each cause of action in an amount not to exceed the limits established by ordinary ordinance, from time to time, by the Governing Body, to cover the expenses of administration of said Municipal Court in each cause brought in said Court, and in addition thereto, such other fees and costs as may be provided for in Section 4 hereinafter, but under no circumstances shall any costs be levied or assessed in any cause in which the defendant is found not guilty.

SECTION 4. That in addition to witness fees and mileage permitted and allowed pursuant to K.S.A. 12-4411, and amendments thereto, the Municipal Judge of the Court of the City of Andover, Kansas hereby is authorized and empowered to assess additional costs above such fees and mileage over and above the costs provided for in the section immediately hereinabove of this Ordinance in the actual amounts of any mileage incurred by said City in the transportation of any defendant to a place of safekeeping or incarceration in each cause, at a rate not to exceed that established by ordinary ordinance, from time to time, by the Governing Body of said City, and in addition thereto the actual costs of taking any blood or other chemical tests and analyses taken at the direction of a police officer of said city deemed by said Judge necessary for the prosecution of said action, provided that proper consents to such tests are obtained prior to the taking of the same when consents to the taking or making of such tests or analyses would otherwise be required by law, and provided also that this cost shall not be assessed when the defendant in such cause of action is found to be not guilty, and to this extent the said K.S.A. 12-4411 is hereby enlarged and supplemented. Nothing herein shall be construed as exempting said City from any provisions of said K.S.A. 12-4411, and amendments thereto, and the same shall remain in full force and effect.

(12-11-1989)