A CHARTER ORDTNANCE EXEMPTING THE CITY OF KIOWA KANSAS FROM THE PROVISIONS OF K.S.A. 15-201, RELATING TO THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, THE FILLING OF GOVERNING BODY VACANCIES, AND NOMINATION PETETIONS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NO. 15.

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

Section 1. The City of Kiowa, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A. 15-201, which applies to this city, but is part of an enactment which does not apply uniformly to all cities.

Section 2. The governing body shall consist of a mayor and five council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Kiowa, Kansas.

Section 3. Those governing body positions with terms expiring in April 2017 shall expire on the first Monday after the fifth day in January of 2018, when the city officials elected in the November 2017 general election take office. Those governing body positions with terms expiring in April 2019, shall expire on the first Monday after the fifth day in January of 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 sL1ch 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.

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 or 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, lie 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, 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. Should the vacancy occur within two years of the date the departing councilman took office, the appointee’s term shall count as a full term for term limit purposes. Should the vacancy occur following two years of the date the departing councilman took office, the appointee’s term shall not count as a full term for term limit purposes.

Section 7. 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 had 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 the nomination petition must be signed by fifty (50) of the qualified electors of the City of Kiowa.

Section 8. Charter Ordinance No. 15 is hereby repealed.

(11-9-2015; Repealed by C.O. No. 18)