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.
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 councilmembers and a mayor as
provided herein and in the appropriate statutes of the State of Kansas not
otherwise specifically referred to herein.
Section 3. On the
first Tuesday in April, 1977, there shall be elected a mayor and five
councilmen. At said election, the mayor and the two candidates for councilmen
receiving the highest number of votes shall be declared elected for a term of
four years. The candidates for councilmen receiving the next three highest
number of votes shall be declared elected for a term of two years. Succeeding
elections for all such offices shall be for four year terms, or until the
successors to such offices are qualified, provided however, that no person
shall hold the office of mayor or city councilmen for more than two consecutive
terms.
Section 4. 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 May following their
election in April 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. 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.
In case of a vacancy
in the office of mayor occurring by reason of resignation, death, removal from
office or from the city, the president of the council shall become mayor until
the next regular election for that office and a vacancy shall occur in the office
of the councilman becoming mayor.
(6-7-1976; Repealed by C.O. No. 15)