A CHARTER ORDINANCE OF THE CITY OF CANEY, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF KS.A. 12-1222 RELATING TO CITY LIBRARY BOARDS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO.

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 adopting charter ordinances which exempt such cities from the acts of the Kansas Legislature; and

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

WHEREAS, K.S.A. 12-1222 is a part of an enactment of the Kansas Legislature relating to the city libraries and library boards, which enactment is applicable to the City, but is not uniformly applicable to all cities within the State; and

WHEREAS,·. the governing body desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 12-1222, and to provide substitute and additional provisions therefor in order to provide for the composition of the library board in the City.

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

SECTION 1. · Exemption-K.S.A. 12-1222. The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it, the provisions of KS.A. 12-1222 and does hereby provide the following substitute and additional provisions in place thereof: Composition of City Library Board.

(a) The library board shall consist of seven members, six of whom shall be residents of the city. The seventh member shall be ‘at-large’ and shall reside within the city or within the area defined by the geographical boundary of Unified School District No. 436. Members shall be appointed by the city council for terms of four years. No person who has been appointed for two consecutive four-year terms shall be eligible for further appointment to such board until two years after the expiration of the second term. Vacancies occasioned by removal from the city (or USD 436 as to the ‘at-large’ member), resignation or otherwise, shall be filled by appointment for the unexpired term.

(b) In addition to the appointed members, the mayor shall serve as an ex-officio member of the library board, but shall have no vote on the board.

(c) A member who shall be absent from three (3) consecutive regular meetings shall forfeit his or her position on the board, unless the absences are excused by the board.

(d) The library board may adopt bylaws to govern its policies and procedures, so long as the bylaws are not in conflict herewith.

SECTION 2. Severability. In the event 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.

(10-18-2004; Repealed by C.O. No. 25)