A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 8 OF THE CITY OF HAYSVILLE, KANSAS, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING TO THE POWERS AND DUTIES OF THE CITY AD­ MINISTRATOR AND CONTRACTING FOR LEGAL SERVICES.

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

SECTION 1. INAPPLICABLE PROVISIONS OF KANSAS STATUTES ANNOTATED:

The City of Haysville, Kansas, a mayor-council city of the second class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to make itself exempt from and make inapplicable to it K.S.A. 14-201 and 14-205, which sections apply to said city but not uniformly to all cities of Kansas, and to enact substitute and additional provisions on the same subject as herein provided.

SECTION 4. POWERS AND DUTIES OF THE CITY ADMINISTRATOR AMENDED:

Section 4 of Charter Ordinance No. 8 of the City of Haysville, Kansas, is hereby amended to read as follows:

SECTION 4: POWERS AND DUTIES OF THE CITY ADMINISTRATOR:

The powers and duties of the City Administrator shall include but not be limited to the following:

a.     To see that the laws and ordinances of the city are enforced.

b.    To devote all necessary time and attention to the affairs of the city and be responsible to the governing body and Mayor for the efficient administration of its affairs.

c.     With the approval of the Mayor and confirmation of a majority of the council-elect, to appoint and remove all heads of departments whose positions are established by the governing body, the City Engineer, and the Municipal Judge, and to contract for legal services with a licensed law office or firm within Sedgwick County, Kansas, to provide legal services as needed to the City Council for the Council’s advice and representation. The City Administrator shall hire and discharge all other employees whose positions are authorized by the governing body, at such compensation as may be set or authorized by the governing body. All such employees shall perform their duties subject to the discretion of the City Administrator or that department head or superior to whom the City Administrator may assign such employee. Provided further, that the City Administrator may delegate such authority to hire and discharge employees whose positions are authorized by the governing body. Any such hiring or discharge shall be reported to the governing body at the next regular council meeting.

d.    To supervise all non-elected city employees, officers and appointees, excepting the Municipal Judge.

e.     To attend all meetings of the governing body with the right to take part in the discussion, but having no vote.

f.     Make recommendations to the governing body concerning salary scales, cost of living increases, raises and fringe benefits of appointed officers and employees.

g.     Be responsible for accounting procedures, billing methods, record keeping and computer programming for the city.

h.    Prepare and submit to the governing body a line item budget by July l of each year.

i.     Review all insurance policies of the city on an annual basis and make recommendations to the governing body.

j.     Exercise general supervision and control over all city purchases and expenditures in accordance with the city budget and within guidelines specified by the governing body. Any major deviation ($1,000.00 or more) from the current budget will be coordinated with the governing body prior to purchase or fund commitment.

k.    In conjunction with the planning and park boards, re­ commend to the governing body workable plans for the city improvements and future development.

l.     Maintain current knowledge of state and federal financial grants and available assistance from other agencies, and to prepare, submit and monitor financial grants and applications.

m.   Serve as public relations officer for the city in contacts with residents and businesses in order to maintain a good relationship between city government, county com­ missioners, local citizens and businesses.

n.    Coordinate the work of all boards, volunteer departments and committees appointed by the governing body.

o.    To perform such other duties as may be prescribed by ordinance, resolution or direction of the governing body.

SECTION 11. QUALIFICATION OF OFFICERS; APPOINTMENT OF NONRESIDENTS; REMOVAL OF OFFICER, EFFECT; OATHS AND BONDS; AMENDED:

Section 11 of Charter Ordinance No. 8 of the City of Haysville, Kansas, is hereby ‘ amended to read as follows:

SECTION 11.       QUALIFICATION OF OFFICERS; APPOINTMENT OF NONRESIDENTS; REMOVAL OF OFFICER, EFFECT; OATHS AND BONDS:

All officers elected or appointed except where otherwise by ordinance specifically required or permitted to be nonresidents, shall be qualified electors of said city, except that the city may appoint nonresidents as City Engineer, Municipal Judge, and City Administrator, and as law enforcement officer when deemed necessary, including the appointment of nonresidents who also serve as Municipal Judge or law enforcement officer of another municipality or public agency.

SECTION 12. INDEPENDENT CONTRACTOR:

The law office or firm contracted to perform legal services shall be an independent contractor and shall not be an employee or officer of the City of Haysville, Kansas. The law office or firm shall decide, with approval of the City Administrator, which of its members shall represent the City in a legal capacity on any particular occasion or occasions.

SECTION 13. REPEALING:

Any and all provisions of Ordinances or Charter Ordinances in conflict with the provisions herein are hereby repealed.

SECTION 14. SEPARABILITY:

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.

(12-29-1980; Repealed by C.O. No. 8B)