A CHARTER ORDINANCE EXEMPTING THE CITY OF HAYSVILLE, KANSAS FROM THE PROVISIONS OF K.S.A. 14-201, 14-204, and 14-205 RELATING TO THE ELECTION AND APPOINTMENT OF CITY OFFICERS, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AND REPEALING CHARTER ORDINANCE NO. 5A.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HAYSVILLE, KANSAS:

SECTION 1. The City of Haysville, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it, provisions of K.S.A. 14-201, 14-204, and 14-205, and amendments thereto, and provide substitute and additional provisions as hereinafter set forth in this ordinance. Such statutory sections are applicable to this city but are not uniformly applicable to all cities.

SECTION 2. GENERAL ELECTIONS. There shall be elected, on the first Tuesday in April of each odd-numbered year, a mayor and one council member from each ward and on each even-numbered year, one council member from each ward.

SECTION 3. ELECTION OF COUNCIL MEMBERS. Each ward of the city shall have two council members and shall be chosen by the qualified electors of their respective wards. And no person shall be eligible to the office of council member who is not at the time of his or her election or appointment, an actual resident and qualified voter of the ward for which he or she is elected or appointed. If any council member shall move from the ward from which he or she was elected or appointed, his or her office as council member shall thereby become vacated.

SECTION 4. VACANCIES. All vacancies shall be filled by appointment by he remaining members of the city council at a regular council meeting within thirty days of said vacancy. Such appointment shall be for the period from and after the date of appointment and until the date of the next April city election. On such date, the unexpired term shall be filled by election.

SECTION 5. ELECTION TIE. Whenever there shall be a tie in the election of council members, the winner shall be determined by lot by judges of the election of the ward in which it shall happen.

SECTION 6. PRESIDENT OF COUNCIL. The council shall elect from its membership a president of the council. The president of the council shall preside in the absence of the mayor and when any vacancy shall occur in the office of the mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the president of the council shall become mayor until the next regular city election and a vacancy shall occur in the office of the council member becoming mayor. Thereupon, the council shall elect from its membership a new president of the council.

SECTION 7. OFFICERS, APPOINTMENT. The mayor shall appoint, by and with the consent of council, a municipal judge of the municipal court, a chief of police, city clerk, city treasurer, city attorney, and may appoint policemen and such other officers as the mayor may deem necessary. Officers so appointed and con­ firmed shall hold their offices for a term of one year, provided their work has met the standards and requirements so designated by the mayor and city council, and until their successors are appointed and qualified. The council shall, by ordinance, specify the duties and compensation of the appointed officers. The city council may, by ordinance, abolish any office created by them whenever they may deem it expedient except those specifically named herein. The council may retain a licensed professional engineer to act in the capacity of city engineer for specifically defined duties, and provide for reasonable compensation for the services rendered.

SECTION 8. OFFICERS, QUALIFICATIONS. Except where otherwise specifically required or permitted by ordinance, all appointed or elected officers shall be qualified electors of the city, except that the mayor may appoint non-residents as city engineer, municipal judge, city attorney and as law enforcement officers when deemed necessary, including the appointment of non-residents who also serve as municipal judge or law enforcement officers of another municipality or public agency.

SECTION 9. REPEAL. Charter Ordinance No. 5A is hereby repealed, provided further, that any and all provisions of any ordinance and any charter ordinance in conflict with the provisions herein are hereby repealed.

SECTION 10. SEVERABILITY. If any phrase, clause, paragraph or section of this ordinance is declared unconstitutional or invalid by any court of competent jurisdiction, it is hereby declared that the governing body would have enacted the remaining portions of this ordinance without the phrase, clause, paragraph or section so held unconstitutional or invalid.

(11-23-1987; Repealed by C.O. No. 23)