A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 23 BY PROVIDING SUBSTITUTE PROVISIONS TO THE CODE OF THE CITY OF ANDOVER, KANSAS AS TO THE DATE THE PRESIDENT OF THE COUNCIL IS ELECTED, CONTINUING TO EXEMPT THE CITY OF ANDOVER, KANSAS FROM K.S.A. 14-204.

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;

WHEREAS, pursuant to Article 12, Section 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, the City has previously adopted Charter Ordinance No. 23, exempting the City from the provisions of K.S.A. 14-204, among others, and providing substitute and additional provisions therefore;

WHEREAS, the City desires, and finds it necessary and advisable to amend Charter Ordinance 23, Section 3, to hereby provide substitute and additional provisions to Section 1-105, Chapter I, Article 1 of the Code of the City of Andover, Kansas (the “Code”) regarding the date that the President of the Council is elected.

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

SECTION 1.          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 the provisions of K.S.A. 14-204. Such referenced provision 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 provide substitute provisions as set forth herein.

SECTION 2.          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. Section 1-105, Chapter I, Article 1 of the Code is hereby deleted and amended as follows:

The Governing Body shall, at the second regular meeting of the Council in January following any November 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 is filled at the next city election or until such disability be removed, or in the case of temporary absence, until the Mayor shall return. Upon any vacancy of the President of the Council, the Governing Body shall elect from its membership a new President of the Council.

SECTION 3.          Amendment of Charter Ordinance 23. To the extent Charter Ordinance 23 is supplemented or amended by the terms hereof, the same is repealed. The remaining provisions of Charter Ordinance 23 shall continue in full force and effect.

(03-31-21)