CHARTER ORDINANCE EXEMPTING THE CITY OF KIOWA, KANSAS, FROM SECTION 15-201 OF THE KANSAS STATUTES ANNOTATED AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, PROVIDING FOR THE ELECTION OF THE MAYOR, AND FIVE COUNCILMEN, THEIR TERMS OF OFFICE, QUALIFICATIONS AND OTHER PROVISIONS RELATING TO SAID OFFICES.

WHEREAS, the governing body of the City of Kiowa, Kansas, finds that it is desirable and in the best interest of the City of Kiowa to elect to exempt itself from the provisions of Kansas Statutes Annotated 15- 201 and any amendments thereto, concerning the election of the mayor and five councilmen and make the same inapplicable to the City; and,

WHEREAS, the governing body of the City of Kiowa, Kansas, finds that it is desirable to provide substitute and additional provisions for the election of the mayor and five councilmen, their terms of office, qualifications and other provisions relating to said offices;

BE IT THEREFORE ORDAINED BY THE GOVERNING BODY OF THE CITY OF KIOWA, KANSAS;

Section 1. The City of Kiowa, Kansas, a mayor-council city of the third class, by the power invested in it under and by virtue of Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to and does exempt itself from, and make inapplicable to it, Section 15-201 of the Kansas Statutes Annotated, which statutes apply only to mayor-council cities of the third class, and provides substitute and additional provisions as hereinafter provided.

Section 2. The City of Kiowa, Kansas, shall be governed by five council members and a mayor as provided herein and in the appropriate statutes of the State of Kansas not otherwise specifically referred to herein.

Section 3. Those governing positions with terms expiring with terms expiring in April 2019, shall expire on the first Monday after the fifth day in January 2020, when the city officials elected in the November 2019 general election take office.

Section 4. General elections shall take place on the Tuesday succeeding the first Monday in November 2017. Succeeding elections will be held every two years for all such governing body positions whose terms have expired. A mayor and two council members shall be elected at one election, and the remaining three council members shall be elected at the succeeding election. The mayor and all council members shall have four-year terms or until the successors to such offices are qualified. ·

Section 5. Whenever a tie shall occur in the vote of any of the aforesaid officers, the results shall be decided by lot by the board of canvassers. The city clerk shall, within seven days after the canvass of the returns and determination by the board of canvassers of the persons elected, deliver to each such person a certificate of election, signed by him with the Seal of the City and such certificate shall constitute notice of election. The terms of the officers shall begin at the first regular meeting of the council in January following their election in November and they shall qualify at any time before or at the beginning of said meeting. If any person elected to the office of councilman does not qualify within the required time, he shall be deemed to have refused to accept the office and a vacancy shall exist and, thereupon, the mayor, shall with the consent of a majority of the remaining councilmen, appoint a suitable elector of the city to fill the vacancy for the term to which the refusing person was elected.

Section 6. In case of a vacancy in the office of councilman occurring by reason of resignation, death, refusal to qualify, or removal from office or from the city, the mayor, by and with the consent of the majority of the remaining councilmen, shall appoint some suitable elector of the city to fill the vacancy until the next election for that office.

Section 7. In case of a vacancy in the office of the mayor occurring by reason of resignation, death, removal from office or from the city, refusal to qualify, or otherwise, the president of the council for the time being shall exercise the office of mayor, with all the rights, privileges and jurisdiction of the mayor, until the next regular election for that office. In case of such vacancy, other than a temporary absence or disability, the person exercising the office of mayor shall become mayor. Thereupon the council shall elect from its membership a new president of the council.

Section 8. In accordance with K.S.A 25.205, and amendments thereto, any person may become a candidate for city office elected at large by having filed on their behalf a nomination petition or a declaration of candidacy as provided by the Barber County Election Officer, accompanied by any fee required by law. In the case of nomination by petition, must be signed by fifty (50) of the qualified electors of the City of Kiowa.

(02-16-2018)