A CHARTER ORDINANCE EXEMPTING THE CITY OF HAYSVILLE, KANSAS, FROM CERTAIN PROVISIONS OF K.S.A. 14-111 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO SPECIAL MEETINGS.

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. 14-111 relating to meetings of council, which enactment 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. 14-111 regarding the calling of special meetings, 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. 14-111 regarding the procedure for calling of special meetings, and shall be governed by the substitute and additional provisions contained herein.

SECTION 2. Amendment to Article 1 Section 1-305 of the City Code. Article 1, Section 1- 305 of The City Code regarding special meetings is hereby amended to provide as follows:

SPECIAL MEETINGS. Any special meeting may be called either by (i) the mayor or (ii) the mayor on written request of not less than three (3) members of the council addressed to the mayor, specifying the object and purpose of the meeting, which request must be read at the meeting and entered at length on the journal. The call of the mayor for any special meeting shall be issued in such manner as may be required by the rules of the council. Attendance by any member of the governing body at a special meeting thereof shall constitute a waiver of any right or privilege such member may have to challenge any purported or actual non-compliance with the provisions of this section, unless such appearance is limited solely to express formal objection to the call.

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.

(10-26-2020)