A CHARTER ORDINANCE EXEMPTING THE CITY OF ANDALE, KANSAS FROM THE PROVISIONS OF K.S.A. 12-4112 RELATING TO THE ASSESSMENT OF COURT COSTS FOR THE ADMINISTRATION OF JUSTICE IN THE ANDALE MUNICIPAL COURT; AND PROVIDING SUBSTITUTE PROVISIONS RELATING TO THE SAME.

WHEREAS, the City of Andale, Kansas has been designated as a city of the third class; and

WHEREAS, the City of Andale, Kansas deems it advisable to exempt itself from the provisions of K.S.A. 12-4112 relating to the assessment of court costs for the administration of justice in the Andale Municipal Court.

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

Section 1. Exemption. The City of Andale, Kansas, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to make inapplicable to it and exempts itself from the provisions of K.S.A. 12-4112 relating to the assessment of court costs for the administration of justice in the Andale Municipal Court. In exempting itself, the City of Andale, Kansas finds that such provisions are not uniformly applicable to all cities. Therefore, the City of Andale, Kansas hereby adopts substitute and additional provisions on the same subject as hereinafter provided.

Section 2. Assessment of Municipal Court Costs and Fees for the Administration of Justice in the Andale Municipal Court. Municipal Court Costs and Fees may be assessed against accused persons for the administration of justice in any municipal court case where the accused person is found guilty, or where the accused person pleads guilty. Such Costs and Fees may be established by resolution of the governing body of the City of Andale, Kansas. These charges and fees shall be assessed in addition to and not in lieu of the fees and mileage of witnesses which may be assessed in accordance with K.S.A. 12-4411. The judge of the Andale Municipal Court may, upon appropriate findings that the interests of justice would be best served, abate all or a portion of the costs imposed pursuant to this Charter Ordinance except those costs specifically required to be imposes by the provisions of Article 41 of Chapter 12 of the Kansas Statutes Annotated and/or Order of the Kansas Supreme Court.

Section 3. Severability. If any provision, clause, sentence or paragraph of this Charter Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Charter Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Charter Ordinance are declared to be severable.

Section 4. Repeal. All charter ordinances and ordinances, or parts of charter ordinances and ordinances, in conflict herewith are repealed. However, any section of an existing charter ordinance or ordinance not in conflict herewith is not repealed and remains in full force and effect.

(2-26-2018)