APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\Charter Ordinance No. 3 (Amended)

Charter Ordinance No. 3 (Amended)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OBERLIN, KANSAS, FROM SECTION 44 OF HOUSE BILL NO. 1709, OF THE 1968 SESSION OF THE KANSAS LEGISLATURE, WHICH SECTION AMENDED K.S.A. 1967 SUPP. 15-201, AND FROM K.S.A. 15-210, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE ELECTION OF THE MAYOR AND COUNCILMEN, THEIR TERMS OF OFFICE AND THE FILLING OF VACANCIES.

WHEREAS, Charter Ordinance No. 1 of the City of Oberlin, Kansas exempted said City from section 15-201 and 15-210 of K.S.A., and provided substitute and additional provisions on the same subject, relating to the election of the mayor, police judge and five councilmen; and

WHEREAS, under said Charter Ordinance No. 1 at the regular city election in 1967 there were elected a mayor and two councilmen for terms of four years, and three councilmen for terms of two years, and

WHEREAS, Charter Ordinance No. 1 has been inadvertently repealed by House Bill No. 1709 of the 1968 Session of the Kansas Legislature, and the City of Oberlin, Kansas wishes to retain the officers at their respective terms of office as elected at the regular city election in 1967;

NOW THEREFORE,

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

SECTION 1. The City of Oberlin, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it Section 44 of House Bill No. 1709, of the 1968 session of the Kansas Legislature, and from K.S.A. 15-210, and to provide substitute and additional provisions as hereinafter set forth in this ordinance. Such statutory sections are applicable to the city but are not applicable uniformly to all cities.

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. The candidate elected police judge shall be declared elected for a term of two years. 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 of 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 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 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-elects 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.

(09-12-1968; Amended by C.O. No. 5)