A CHARTER ORDINANCE EXEMPTING THE CITY OF COLWICH, KANSAS, FROM CERTAIN PROVISIONS OF K.S.A. 25-205 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, PROVIDING FOR THE FILING OF CANDIDATES FOR MUNICIPAL ELECTIONS AND, THE CONDUCT OF SAID ELECTIONS, AND THE TERMS OF OFFICE, AND REPEALING CHARTER ORDINANCES NOS. 1, 2, 13, AND 27.

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

Section 1:The City of Colwich, Kansas, a mayor-council city of the third class, by the power vested 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, certain portions of K.S.A. 25-205, which applies to mayor-council cities of the third class, and provides substitute and additional provisions for the conduct of said elections, the term of offices, and the filing to run for said offices.

Section 2: CONDUCT OF ELECTION. The election of city officials shall be conducted in all respects as provided by the laws governing the holding of city elections (K.S.A. 25-2101 et seq.) Except that the deadline to file for said vacant offices shall be June 1, at noon and if this date falls on a weekend the deadline shall be the next business day at noon. The filing fee shall be $20.00 or the candidate must secure the signature of 5 voters who are registered to vote in the City and citizens of the City of Colwich, Kansas.

Section 3: HOURS OF VOTING. At all city elections the polls shall be open at 6:00 a.m. and close at 7:00 p.m., unless different hours are set and publicly announced by the county election officer.

Section 4: TERMS. The City of Colwich, 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. The mayor and council members elected previously, are hereby confirmed in office for two year terms expiring as follows:

Name                               Office                                        Expiration of Term

Terrence D. Spexarth        Mayor                                       2nd Monday of January, 2017

Stephanie Guy                  Councilmember                         2nd Monday of January, 2017

Pamela Winegarner           Councilmember                         2nd Monday of January, 2017

Angela Banz                     Councilmember                         2nd Monday of January, 2018

Robert Winter                   Councilmember                         2nd Monday of January, 2018

Doyle Dodd                      Councilmember                         2nd Monday of January, 2018

A regular city election shall be held on the first Tuesday following the first Monday in November, 2016, and every year thereafter. At such election, a mayor and two councilmembers shall be elected to fill terms of such officers expiring during the election year. At the election, the mayor and councilmembers shall be elected for a term of two (2) years and until their successor is elected and qualified.

A regular city election shall be held on the first Tuesday following the first Monday in November, 2017. At such election three councilmembers shall be elected to fill terms of such officers expiring during the election year. The candidates shall be elected for terms of two years each and until their successor is elected and qualified. Regular elections shall be held thereafter on the first Tuesday following the first Monday of November in each year to fill expiring terms.

Whenever a tie shall occur in the vote for any of the officers to be elected, the results shall be decided by lot by the board of election canvassers.

Section 5: COMMENCEMENT OF TERMS OF OFFICE; OATHOF OFFICE.

The term of officers elected shall commence on the second Monday in January following certification of the election, and the elected officers shall qualify by taking the oath or affirmation of office to be filed with the city clerk.

Section 6: NOMINATION PETITION AND FILING.

(a)   Any person desiring to become a candidate for city office elected at large shall file with the county election officer before June 1 at noon, at the Sedgwick County Election Office, a declaration of candidacy on a form furnished by the county election officer as specified by the secretary of state. The filing fee shall be $20.00 or the candidate must obtain 5 signatures on the nomination petition to be signed. The nomination petition must be signed by the number as required by law of the qualified electors of the City of Colwich

Section 7: In order to qualify for candidacy to any City office the candidate must be a resident of the City and registered to vote. No one who is a registered sex offender or registered violent offender for an offense that has occurred in the past 10 years will be allowed to run for office.

Section 8: All elections will be non-partisan.

Section 9: Any vacancies to the City Council or Mayor’s office must be filled within 60 days and if they are not a special election shall be held no later than 45 days after the vacancy occurs. Any vacant positions must be certified by the City Clerk to the County Election Office by May 1 of each year.

Section 10: REPEAL. This section repeals Charter Ordinance Nos. 1, 2, 13, and 27, and Ordinance No. 677, and any portions of any ordinances in conflict with this ordinance.

(03-21-2016)