AN ORDINANCE ADOPTING THE RECODIFICATION OF ORDINANCES OF THE CITY OF HAYSVILLE, KANSAS, 2023 EDITION, PROVIDING FOR THE EFFECTIVE DATE THEREOF, PROVIDING FOR THE REPEAL OF CERTAIN OTHER ORDINANCES NOT INCLUDED THEREIN, THE ADDITION OF CERTAIN NEW PROVISIONS, SAVING CERTAIN ORDINANCES FROM REPEAL AND SAVING CERTAIN ACCRUED RIGHTS AND LIABILITIES.

Be it Ordained by the Governing Body of the City of Haysville, Kansas:

Section 1.  The recodification of ordinances of the City of Haysville, Kansas, as authorized by K.S.A. 12-3014 and K.S.A. 12-3015 and amendments thereto, as set out in Chapters I to XVII, all inclusive, and entitled the “Code of the City of Haysville, Kansas, 2023,” is hereby adopted.

Codification includes the compilation and revision of the general ordinances of the city; the changing of sections of the Code deemed advisable; the omission of sections of the Code deemed unnecessary; the addition of certain new provisions as provided for herein; and the adoption of the whole by this ordinance and publication in permanently bound or loose-leaf book form.  When the ordinance and the codification, along with a certificate of the city clerk that the same are true and correct copies, are published in book form or in loose-leaf binders, the codification shall take effect.  At least one (1) copy of the published book of codes shall be kept on file in the office of the city clerk and remain available for inspection by the public at all reasonable business hours.

Section 2.  All ordinances and parts of ordinances of a general nature passed prior to December 11, 2023, in force and effect at the effective date of the “Code of the City of Haysville, Kansas, 2023” are hereby repealed as of the date of publication of said code, and incorporated therein.

Section 3.  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, changing or establishing zoning regulations;

(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, corporation or other entity;

(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 and;

(n)   Ordinances of a temporary nature;

(o)   Charter ordinances that were not otherwise specifically repealed by subsequent charter ordinance;

(p)   Ordinances of any nature associated with the City of Haysville Land Bank;

(q)   Ordinances associated with the establishment, management, or adoption of maps of the City’s floodplain. 

Such ordinances hereby remain in full force and effect from the date of passage, until repealed by specific action of the Governing Body.

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 the above section.

Section 4.  The arrangement and classification of the several chapters, articles and sections of the Haysville Municipal 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.  Modifications to the arrangement are authorized to insure the ease of use and correct classification.

Section 5.  If for any reason any chapter, article, section, subsection, sentence, portion or part of the “Code of the City of Haysville, Kansas, 2023,” or the application thereof to any person or circumstance is declared to be unconstitutional or invalid, such determination will not affect the validity of the remaining portions of said code.

Section 6.  This ordinance shall take effect and be in force from and after the publication of the “Code of the City of Haysville, Kansas, 2023” as provided in K.S.A. 12-3015 and as provided by this ordinance.

(12-11-2023)