PREFACE
This volume contains the Code of the City of Andover, Kansas, 2011. As expressed in the adopting ordinance, the code supercedes all ordinances passed prior to September 27, 2011 which are not included herein or recognized as continuing in force by reference thereto. The code was prepared by Citycode Financial, LLC and Andover city officials under the authority of sections 12-3014:3015 of the Kansas Statutes Annotated.
This code is arranged in chapters, articles, and sections in a manner similar to the Kansas Statutes Annotated arrangement. Headnotes and footnotes are included; however, these do not constitute a part of the code and no implication or presumption of intent or construction is to be drawn therefrom.
Any section of this code may be amended or repealed by ordinary ordinance by reference to the code section number as follows:
“Section 1-105 of the Code of the City of Andover is hereby amended to read as follows: (the new provisions shall then be set out in full).”
A new section not heretofore existing in the code may be added as follows:
“The Code of the City of Andover is hereby amended by adding a section (or article or chapter) which reads as follows: (the new provision shall be set out in full).”
All sections or articles or chapters to be repealed shall be repealed by specific reference as follows:
“Section 1-105 (or article or chapter) of the Code of the City of Andover is hereby repealed.”
An index is included in this volume, and the user’s attention is also directed to indexes which may appear in standard codes incorporated by reference in this Code.
PREPARED AND PUBLISHED BY CITYCODE FINANCIAL, LLC, WICHITA, KS
ORDINANCE NO. 1496
(Published in The Augusta Gazette on the 1st day of October 2011)
AN ORDINANCE ADOPTING THE CODIFICATION OF ORDINANCES OF THE CITY OF ANDOVER, KANSAS, PROVIDING FOR THE REPEAL OF CERTAIN OTHER ORDINANCES NOT INCLUDED THEREIN, EXCEPTING CERTAIN ORDINANCES FROM REPEAL AND SAVING CERTAIN ACCRUED RIGHTS AND LIABILITIES.
Be it Ordained by the Governing Body of the City of Andover, Kansas:
Section 1. Adoption of the Code of the City of Andover, Kansas.
The codification of ordinances of the City of Andover, Kansas, prepared by Citycode, LLC, Wichita, Kansas, as set out in the following chapters, Chapters I to XX and Appendices A and B, all inclusive, and entitled the “Code of the City of Andover, Kansas,” is hereby adopted and ordained as the “Code of the City of Andover, Kansas.” The Code is authorized by ordinance and was made in conformity with K.S.A. 12-3014 and 12-3015 and amendments thereto. Said code shall be duly certified by the City Clerk. One copy of the code shall be filed in the office of the City Clerk and shall be designated as and shall constitute the official ordinance book. Three additional copies shall be filed in the office of the city clerk and shall be designated for use by the public.
Section 2. Repeal of general ordinances.
All ordinances and parts of ordinances of a general nature passed prior to September 27, 2011, are hereby repealed as of the date of publication of said code except as hereinafter provided.
Section 3. Same; excepting certain ordinances from repeal.
In construing this ordinance, the following ordinances shall not be considered or held to be ordinances of a general nature:
(a) Ordinances pertaining to the acquisition of property or interests in property by gift, purchase, devise, bequest, appropriation or condemnation;
(b) Ordinances opening, dedicating, widening, vacating or narrowing streets, avenues, alleys and boulevards;
(c) Ordinances establishing and changing grades of streets, avenues, alleys and boulevards;
(d) Ordinances naming or changing the names of streets, avenues and boulevards;
(e) Ordinances authorizing or directing public improvements to be made;
(f) Ordinances creating districts for public improvements of whatsoever kind or nature;
(g) Ordinances levying general taxes;
(h) Ordinances levying special assessments or taxes;
(i) Ordinances granting any rights, privileges, easements or franchises therein mentioned to any person, firm or corporation;
(j) Ordinances authorizing the issuance of bonds and other instruments of indebtedness by the city;
(k) Ordinances authorizing contracts;
(l) Ordinances establishing the limits of the city or pertaining to annexation or exclusion of territory;
(m) Ordinances relating to compensation of officials, officers and employees of the city;
(n) All charter ordinances;
(o) Any appropriation ordinance or ordinances relating to a specific transfer of funds;
(p) Any zoning ordinance or ordinances changing the zoning classification of any property within the city or amending the city’s zoning map;
(q) Ordinances of a temporary nature;
(r) Any ordinance which is special, although permanent in effect;
(s) Any ordinance, the purpose of which has been accomplished.
Provided, that the above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention to exempt from repeal any and all ordinances not of a general nature and general ordinances specifically excepted by this section. Ordinances which are not of a general nature shall be numbered consecutively, approved by the governing body, published, and filed with the city clerk, but such ordinances shall not be prepared for insertion in this code, nor be deemed a part hereof.
Section 4. Arrangement of and notations throughout the code.
The arrangement and classification of the several chapters, articles, and sections of the code adopted by section 1 of this ordinance and the headnotes and footnotes at the ends of the sections, are made for the purpose of convenience and orderly arrangement, and do not constitute a part of the ordinances, and therefore, no implication or presumption of legislative intent or construction is to be drawn therefrom.
Section 5. Accrued rights and liabilities.
The repeal of ordinances as provided in section 2 hereof, shall not affect any rights acquired, fines, penalties, forfeitures or liabilities incurred thereunder, or actions involving any of the provisions of said ordinances or parts thereof. Said ordinances above repealed are hereby continued in force and effect after the passage, approval and publication of this ordinance for the purpose of such rights, fines, penalties, forfeitures, liabilities and actions therefor.
Section 6. Severability.
If for any reason any chapter, article, section, subsection, sentence, portion or part of the “Code of the City of Andover, Kansas,” or the application thereof to any person or circumstances is declared to be unconstitutional or invalid, such decision will not affect the validity of the remaining portions of this code.
Section 7. Effective date.
This ordinance shall be published in the official city newspaper and shall take effect and be in force from and after the publication of the “Code of the City of Andover, Kansas” as provided in K.S.A. 12-3015.
ADOPTED AND PASSED by the governing body of the City on September 27, 2011 and APPROVED AND SIGNED by the Mayor.
(SEAL) /s/ Ben Lawrence
BEN LAWRENCE, Mayor
ATTEST:
/s/ Susan Renner
Susan Renner, City Clerk