AN ORDINANCE ENACTED PURSUANT TO SECTION 5 OF ARTICLE 12 OF THE CONSTITUTION OF THE STATE OF KANSAS AS THE SAME BECAME EFFECTIVE ON JULY 1, 1961, AND ALSO ENACTED PURSUANT TO K.S.A. 12-137 ET SEQ., AND ALL _ACTS AMENDATORY AND SUPPLEMENTAL THERETO AND EXEMPTING SAID CITY FROM PROVISIONS OF K.S.A. 1974 SUPP. 12-4112, RELATING TO THE LEVYING OF COURT COSTS IN THE MUNICIPAL COURT OF WHITEWATER, KANSAS AND SUPPLEMENTING CERTAIN PROVISIONS OF K.S.A. 1972 SUPP. 12-4411 AND PROVIDING FOR THE PAYMENT OF WHITEWATER MUNICIPAL COURT COSTS NOT TO EXCEED THE SUM OF $10 IN EACH CAUSE AND FURTHER PROVIDING FOR THE PAYMENT OF CERTAIN EXPENSES BEYOND FEES AND COSTS PERMITTED BY K.S.A. 1974 SUPP. 12-4411 INCLUDING THE COSTS OF CHEMICAL TESTS AND ANALYSES AND MILEAGE AND OTHER FEES INCURRED IN THE FURTHERANCE OF JUSTICE AND ADMINISTRATION OF SAID MUNICIPAL COURT OF THE CITY OF WHITEWATER, KANSAS AND PROVIDING FOR THE MANNER FOR THE EFFECTING OF OBJECTIONS TO SUCH ORDINANCE AND THE PROVISION FOR THE HOLDING OF AN ELECTION IN THE EVENT THAT A SUFFICIENT NUMBER OF OBJECTIONS ARE FILED WITHIN THE PROPER STATUTORY TIME AS PROVIDED BY K.S.A. 12-138 AND PROVIDING A SAVINGS CLAUSE FOR SAID ORDINANCE.

Section 1.         This ordinance is enacted pursuant to Section 5, Article 12 of the Constitution of the State of Kansas, as the same became effective upon the 1st day of July, 1961, and is enacted in further authority of K.S.A. 12-137 et seq., and all acts amendatory and supplemental thereto.

Section 2.         That the City of Whitewater, Kansas hereby declares itself exempt from the provisions of K.S.A. 1974 Supp. 12-4112 and the provisions of Section 3 of this ordinance shall be deemed to be substituted for such statutory provisions immediately hereinbefore recited.

Section 3.         That in the discretion of the judge of the municipal court of the City of Whitewater, Kansas said judge may assign and assess costs in each cause of action up to but not to exceed the sum of $10 to cover expenses of administration of said municipal court in each cause brought in said court and in addition thereto such other fees and costs as may be provided for in section 4 hereinafter but under no circumstances shall any costs be levied or assessed in any cause in which the defendant is found not guilty.

Section 4.         That in addition to witness fees and mileage permitted and allowed pursuant to K.S.A. 1974 Supp. 12-4411 the municipal judge of the court of the City of Whitewater, Kansas hereby is authorized and empowered to assess additional costs above such fees and mileage over and above the costs provided for in the section immediately hereinabove of this ordinance in the actual amounts of any mileage incurred by said city in the transportation of any defendant to a place of safekeeping or incarceration in each cause at the rate of not to exceed 15¢ per mile and in addition thereto the actual costs of taking any blood or other chemical tests and analyses taken at the direction of a police officer of said city deemed by said judge necessary for the prosecution of said action, provided that proper consents to such tests are obtained prior to the taking of the same when consents to the taking or making of such tests or analyses would otherwise be required by law and provided also that this cost shall not be assessed when the defendant in such cause of action is found to be not guilty and to this extent the said K.S.A. 1974 Supp. 12-4411 is hereby enlarged and supplemented. Nothing herein shall be construed as exempting said city from any provisions of said K.S.A. 1974 Supp. 12-4411 and the same shall remain in full force and effect.

(9-13-1977)