A CHARTER ORDINANCE RELATING TO MUNICIPAL ELECTIONS FOR OBERLIN, KANSAS, AMENDING SECTION 2 OF CHARTER ORDINANCE NO. 3, AND REPEALING CHARTER ORDINANCE NO. 4.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OBERLIN IN DECATUR COUNTY, KANSAS:

Section 1. Section 2 of Charter Ordinance No. 3 is amended as follows, and Charter Ordinance No. 4 is hereby repealed. Section 2 hereinbelow replaces Section 2 of Charter Ordinance No. 3.

Section 2. A regular City election shall be held on the first Tuesday in April of each succeeding odd-numbered year. On the first Tuesday in April, 1969, there shall be elected three councilmen to succeed the three councilmen who received the least amount of votes at the regular city election in 1967, and said councilmen shall be declared elected for a term of four years. The mayor and the two councilmen who received the highest number of votes at the regular city election in 1967 and who were declared elected for a term of four years have their terms by this ordinance hereby ratified as said terms were determined by the regular city election of 1967. Succeeding elections for all such offices shall be for four year terms, or until the successors to such offices are qualified. Whenever there is a tie vote for two or more candidates and it is necessary to determine which candidate received the office, the winner shall be determined by lot by the Board of Canvassers. The City Clerk 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 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 the mayor shall appoint, wi.th the consent of the remaining councilmen, in case of a councilman, 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, 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 a majority of the remaining councilmen, some suitable elector of the city to fill the vacancy until the expiration of the term of such office. In case of a vacancy in the office of mayor occurring by reason of resignation, death, removal from office, 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.

(01-1975)