A CHARTER ORDINANCE EXEMPTING THE CITY OF OBERLIN, KANSAS FROM SECTION 15-201 AND 15-210 OF K.S.A. AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE ELECTION OF MAYOR, POLICE JUDGE AND FIVE COUNCILMEN, TIE VOTE, THEIR TERMS OF OFFICE, QUALIFYING OR ACCEPT OFFICE, FILLING VACANCIES AND CERTIFICATES OF ELECTION.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OBERLIN:

SECTION 1. The city of Oberlin, Kansas, by the power invested in it by article 12, section 5 of the Constitution of the State of Kansas, hereby elects to make inapplicable to it and exempts itself from Section 15-210 of K.S.A. which apply to said city but not uniformly to all cities, and provides substitute and additional provisions on the same subject as hereinafter provided.

SECTION 2. A regular city election shall be held on the first Tuesday in April of each odd numbered year. At the regular city election in 1967, there shall be elected a mayor, police judge, and five councilmen. The councilmen receiving the two highest number of votes, together with the candidate elected mayor, shall be declared elected for a term of four years, the other three elected candidates for councilmen shall be declared elected for a term of two years, and the candidate elected police judge shall be declared elected for a term of two years. Succeeding elections for all councilmen and mayor shall be for four year terms. At such elections for the councilmen receiving the two or three (as the case may be) highest number of votes shall be declared elected to fill such vacancies as shall exist. The police judge shall continue to be elected in each instance, for a two year term. Whenever there is a tie vote for two or more candidates and it is necessary to determine which candidate receives the office, the winner shall be determined by lot by the board of canvassers. The city shall, within three 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 and sealed 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 by taking the oath of office and otherwise, if there be other qualifications prescribed, at any time after receiving notice of election and before and or at the beginning of said meeting. If any person elected to the office of police judge or 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 the mayor shall appoint, with the consent of the majority of the councilmen, in case of a councilman, a substitute 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 resignation, death, removal from the city, removal from office, or becoming mayor by reason of being president of the council when a vacancy occurs in the office of mayor, the mayor shall appoint, with the consent of the majority of the remaining councilmen, some suitable elector of the city to fill the vacancy until the expiration date of the term of such office. In case a vacancy in the office of mayor occurring by reason of resignation, death, removal from the city, or refusal or failure to qualify, the president of the council, or in the case of the mayor-elect’s refusal or failure to qualify, the new president of the council, shall become mayor until the expiration of the term, and a vacancy shall occur in the office of the councilman becoming mayor.

(03-07-1966)