A CHARTER ORDINANCE EXEMPTING THE CITY OF MONTEZUMA, KANSAS, FROM THE PROVISIONS OF K.S.A. 15-201, RELATING TO THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, THE FILLING OF GOVERNING BODY VACANCIES, AND NOMINATION PETITIONS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NO. 200.

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

SECTION 1. The City of Montezuma, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A. 15-201, which applies to this city, but is part of an enactment which does not apply uniformly to all cities.

SECTION 2. The governing body shall consist of a mayor and five council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Montezuma, Kansas.

SECTION 3. Those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office. Those governing body positions with terms expiring in April 2019, shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office.

SECTION 4. General elections shall take place on the Tuesday succeeding the first Monday in November 2017. Succeeding elections will be held every two years for all such governing body positions whose terms have expired. A mayor and two council members shall be elected at one election, and the remaining three council members shall be elected at the succeeding election. The mayor and all council members shall have four-year terms.

SECTION 5. In case of a vacancy in the office of mayor occurring by reason of resignation, death, or 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.

SECTION 6. In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify before or at the first regular meeting following the election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. The mayor shall, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.

SECTION 7. Any person desiring to become a candidate for city office elected at large shall file with the county election officer, before the filing deadline, established in K.S.A. 25-205, and amendments thereto, a declaration of candidacy on a form furnished by the county election officer as specified by the secretary of state. The nomination petition must be signed by three percent of the qualified electors of the City of Montezuma.

SECTION 8. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

SECTION 9. This Charter Ordinance shall take effect 61 days after the final publication unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the ordinance as provided by Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective upon approval by the majority of the electors voting thereon.

SECTION 10. Charter Ordinance No. 200 is hereby expressly repealed.

(10-05-2015)