A CHARTER ORDINANCE EXEMPTING THE CITY OF HAYSVILLE, KANSAS, FROM CERTAIN PROVISIONS OF K.S.A. 14-204 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO FILLING VACANCIES IN OFFICES OF COUNCIL MEMBERS.

WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the “Act”), provides that cities may exercise certain home rule powers, including passing charter ordinances which exempt such cities from non-uniform enactments of the Kansas Legislature; and

WHEREAS, the City of Haysville, Kansas (the “City”) is a city, as defined in the Act, duly created and organized, under the laws of the State of Kansas; and

WHEREAS, K.S.A. 14-204 relating to filling vacancies in offices of the mayor or council members, is applicable to the City, but is not uniformly applicable to all cities within the State of Kansas; and

WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from certain provisions of K.S.A. 14-204 regarding filling vacancies in offices of council members, and to provide substitute and additional provisions therefor.

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

Section 1.  Exemption. The City, by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 14-204 regarding filling vacancies of council members, and shall be governed by the substitute and additional provisions contained herein.

Section 2.  Amendment to Article 1 Section 1-203 of the City Code. Article 1, Section 1-203 of The City Code regarding filling vacancies of council members is hereby amended to provide as follows:

1-203. VACANCIES. If a vacancy occurs on the city council by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the vacancy shall be filled by appointment of the governing body of the City within forty-five (45) days following the creation of the vacancy. Such appointee shall serve for the period from and after the date of appointment until the second Monday in January following the next November election. At such November election, an individual will be elected to serve out the remainder of the unexpired term of the position, if any portion of the term remains unexpired. In no event shall the city call for a special election to fill such vacancy

Section 3.  Severability. If any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidity shall not affect any other provision of this Charter Ordinance. In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.

(02-14-2022)