A CHARTER ORDINANCE EXEMPTING THE CITY OF ELLINWOOD, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-104a (L. 2015, ch. 88, sec. 71), K.S.A. 12-16,128, K.S.A. 15-201, K.S.A. 15-204 AND K.S.A. 25-2108a, RELATING TO THE ELECTION OF GOVERNING BODY MEMBERS, THEIR TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, FILLING OF GOVERNING BODY VACANCIES, AND TIMING OF APPOINTMENTS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCES IN CONFLICT HEREWITH.

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

Section 1. The City of Ellinwood, 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. 12-104a (L. 2015, ch. 88, sec. 71), K.S.A. 12-16,128, K.S.A. 15-201, K.S.A. 15-204 and K.S.A. 25-2108a, which apply to this city, but are parts of enactments which do 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 Ellinwood, Kansas.

Section 3. Those governing body positions with terms expiring in April 2017 (i.e., the mayor elected and two councilmembers elected in April 2015), shall expire on the second Monday 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 2018 (i.e., the three councilmembers elected in April 2016), shall expire on the second Monday in January of 2019, when the city officials elected in the November 2018 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 year for all such governing body positions whose terms have expired. The mayor and council members shall have two-year terms.

Section 5. Charter Ordinance No. 2, Charter Ordinance No. 8, and any other charter ordinances in conflict herewith, are hereby repealed.

Section 6. All elections for the City of Ellinwood, Kansas, shall be non-partisan.

Section 7. In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify 30 days after election, the council member shall be deemed to have refused to accept the office e and a vacancy shall exist. The mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.

Section 8. In case of a vacancy in the office of mayor, 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 council member becoming mayor.

Section 9. 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, accompanied by any fee required by law. The nomination petition must be signed by ten qualified electors of the City of Ellinwood.

(12-13-2016)