A CHARTER ORDINANCE OF THE CITY OF WINCHESTER, KANSAS AMENDING CHARTER ORDINANCE NO. 6 REGARDING THE RESIDENCY REQUIREMENTS OF WINCHESTER LIBRARY BOARD MEMBERS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 12, SECTION 5 OF THE CONSTITUTION OF THE STATE OF KANSAS

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

WHEREAS, pursuant to Article 12, Section 5 of, the Kansas Constitution, hereinafter referred to as the “Constitution,” cities of the State of Kansas, hereinafter referred to as the “State,” may by charter ordinance elect, in the manner prescribed in the Constitution, that the whole or any part of any enactment of the State legislature applying to such city shall not apply to such city unless such enactment is of statewide concern applicable uniformly to all cities, is otherwise applicable uniformly to all cities or unless such enactment prescribes limits of indebtedness; and

WHEREAS, pursuant to the Constitution, no charter ordinance shall take effect until sixty (60) days after its final publication; provided, however, if within sixty (60) days of its final publication a petition signed by a number of electors of the city equal to not less than ten percent (10%) of the number of electors who voted at the last preceding regular city election shall be filed in the office of the clerk of such city demanding that such ordinance be submitted to a vote of the electors, such charter ordinance shall ,not take effect until submitted to a referendum and approved by a majority of the electors voting thereon; and

WHEREAS, on or about March 3, 1997, the City of Winchester, pursuant to Charter Ordinance No. 6, exempted itself from the provisions of K.S.A. 12-1222 involving the residency requirements of library board members - more specifically, it chartered out of the requirement that all seven members be residents of the City of Winchester and amended that requirement such that two of the seven members could be a township residents; and

WHEREAS, a Charter Ordinance can only be amended by subsequent Charter Ordinance; and

WHEREAS, the governing body of the City now wishes to amend the language of Charter Ordinance No. 6 to state that at least four (4) members of the Library Board must be Winchester residents, with three of the seven positions open to township residents.

NOW THEREFORE, BE IT ORDERED BY THE GOVERNING BODY OF THE CITY OF WINCHESTER, KANSAS THAT:

Section 1. The Governing Body of the City of Winchester, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby amends Charter Ordinance No 6 as follows:

Section 2. Section 2 of Charter Ordinance No. 6 of the City of Winchester, Kanas is hereby amended as follows:

Section 2. At least four (4) members appointed to the Winchester Library Board shall be residents of the City of Winchester, with all of the seven (7) members appointed to the Library Board being residents of Jefferson Township.

(01-04-2023)