A CHARTER ORDINANCE EXEMPTING THE CITY OF MONTEZUMA, KANSAS FROM K.S.A. SECTION 15-201 AND K.S.A. 1970 SUPP. SECTION 25-2107, PROVIDING SUBSTITUTES AND ADDITIONAL PROVISIONS RELATIVE TO THE ELECTION OF MAYOR AND COUNCILMEN AND THEIR TERMS OF OFFICE AND FILLING OF VACANCIES, AND REPEALING CHARTER ORDINANCE NO. 145.

Section 1. The City of Montezuma, 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 KS.A. Section 15-201, and K.S.A. Section 25- 2107, 1970 Supp. and provide substitute and additional provisions as hereinafter set forth in this ordinance. Such statutory section is applicable to this city but is not applicable uniformly to all cities.

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 1973 there shall be elected a mayor and five councilmen. At said election the candidates for councilmen receiving the highest, the second highest and third highest number of votes shall be elected for four years, and the candidates for councilmen receiving the fourth and fifth highest number of votes shall be elected for two years. The candidate elected mayor shall be elected for a term of two years. Succeeding elections for all such offices shall be for four year terms.

Section 3. The terms of said officers shall begin as soon as they qualify by subscribing to the proper oaths. If any person elected to the office of mayor or councilman does not qualify by subscribing to the proper oaths before or at the beginning of the first regular meeting following the election, he shall be determined to have refused to accept the office and a vacancy shall exist. Thereupon, the mayor shall, with the consent of a majority of the remaining councilmen appoint a suitable elector of the city to fill the vacancy for the term to which the refusing candidate was elected.

Section 4. In the case of a vacancy in the office of mayor occurring by reason of resignation, death, 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 5. In the case of a vacancy in the office of councilman occurring by reason of resignation, death or removal from office or from the city, the mayor by and with the consent of a majority of the remaining councilmen shall appoint some suitable elector of the city to fill the vacancy until the next election for that office.

(2-7-1972; Repealed by C.O. No. 11)