CHARTER ORDINANCE EXEMPTING THE CITY OF ELLINWOOD, KANSAS, FROM SECTION 15-201 AND SECTION 25-2107 OF THE KANSAS STATUTES ANNOTATED AS AMENDED, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS FOR THE SAME SUBJECT, PROVIDING FOR AN ANNUAL ELECTION, PROVIDING FOR THE ELECTION OF MAYOR AND FIVE COUNCILMEN, TIE VOTE, THEIR TERMS OF OFFICE, QUALIFYING, FAILURE TO QUALIFY OR ACCEPT OFFICE, FILLING VACANCIES AND CERTIFICATES OF ELECTION.

Section 1. The City of Ellinwood, Kansas, a mayor-council city of the third class, by the power invested in it by Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it Section 15-201 of the 1968 Supplement to the Kansas Statutes Annotated and Section 25-2107 of the 1968 Supplement to the Kansas Statutes Annotated, both sections being part of Chapter 274, of the Laws of Kansas, 1968, which apply to mayor-council cities of the third class and applying to said city, and to provide substitute and additional provisions as hereinafter provided.

Section 2. A regular city election shall be held on the first Tuesday in April of each year. On the first Tuesday in April, 1970, an election shall be held for mayor and five councilmen. The mayor so elected shall hold office for one year and until successor is elected and qualified. At the election in 1971 and each two years thereafter, the mayor shall be elected to hold office for two years and until his successor is elected and qualified. At the election in 1970 two councilmen shall be elected to hold office for one year and three councilmen shall be elected to hold office for two years. At the election of 1970, the candidates for councilman receiving the highest, second highest and third highest number of votes shall be elected for two years and the candidates receiving the fourth and fifth highest number of votes shall be elected for one year. At the said election in 1971, and each year thereafter, councilmen shall be elected for two year terms as their respective terms expire.

Section 3. Whenever a tie shall occur in the vote on any of the aforesaid officers, the result shall be decided by the board of canvassers as provided by law. 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 city 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 a majority of the remaining councilmen, shall appoint some suitable elector of the city or fill the vacancy until the next election for that office. In the 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.

(1-12-1970; Repealed by C.O. No. 8)