A CHARTER ORDINANCE AMENDING SECTION 5 OF CHARTER ORDINANCE 1, WHICH EXEMPTS THE CITY FROM PORTIONS OF K.S.A. 15-201 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, PROVIDING FOR THE TERMS OF OFFICE FOR THE MAYOR AND FIVE COUNCILMEN, AND CERTAIN QUALIFICATIONS AND OTHER PROVISIONS RELATING TO SAID OFFICES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF COLWICH, KANSAS

Section 1. Pursuant to the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, the City of Colwich, Kansas does hereby elect to exempt itself from and make inapplicable to this city K.S.A. 15-201, an Act of the Kansas Legislature that is non-uniform in application, and did make inapplicable to itself through Charter Ordinance 1, which was adopted on April 28, 1975, pertaining to the Mayor and five councilmen, their terms of office, qualifications and other provisions relating to said offices.

Section 2. The City of Colwich, Kansas hereby elects to amend Charter Ordinance 1, adopted on April 28, 1975, pertaining to the Mayor and five councilmen, their terms of office, qualifications and other provisions relating to said offices, by amending Section 5 of that Charter Ordinance as follows:

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 person 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 following their election 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.

(6-20-2011; Superceded by C.O. No. 28)