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. 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. No person shall become a candidate for the office of mayor or councilman unless that person is a bona fide resident of the City of Kiowa, Kansas, at the time of filing for election.

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.   

Section 5. 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 6. 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. Should the vacancy occur within two years of the date the departing mayor took office, the successor’s term shall count as a full term for term limit purposes.  Should the vacancy occur following two years of the date the departing mayor took office, the successor’s term shall not count as a full term for term limit purposes.

Section 7. Charter Ordinance No. 178 is hereby repealed.

Section 8. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper and shall take effect 61 days after its final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c) (3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

(07-13-2015; Repealed by C.O. No. 16)