A CHARTER ORDINANCE EXEMPTING THE CITY OF BALDWIN CITY, KANSAS, FROM K.S.A. 1970 SUPP. 15-201, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, PROVIDING FOR THE ELECTION OF MAYOR AND FIVE COUNCILMEN, TIE VOTE, THEIR TERMS OF OFFICE, QUALIFYING, FAILURE TO QUALIFY OR ACCEPT OFFICE, FILLING OF VACANCIES, AND REPEALING CHARTER ORDINANCE PASSED JANUARY 9, 1967.
Section 1. The City of Baldwin City, Kansas, a
mayor-council city of the third class, by the power vested in it by Article 12,
Section 5, of the Constitution of the State of Kansas, hereby elects to and
does hereby exempt itself from and makes inapplicable to it K.S.A. 1970 Supp.
15-201 which applies only to mayor-council cities of the third class, and which
applies to the City of Baldwin City, Kansas, and to provide substitute and
additional provisions as hereinafter set out. Section 2. A regular city election shall be held on
the first Tuesday in April of each odd-numbered year. On the first Tuesday in
April, 1967, an election was held for the election of a mayor and five
councilmen. The mayor elected held office for two years. At the election in
1967, two councilmen were elected to hold office for two years and three
councilmen were elected to hold office for four years, the candidates for
councilmen receiving the highest, second highest and third highest number of
votes were elected for four-year terms and the candidates for councilmen receiving
the fourth and fifth highest number of votes were elected for two-year terms.
Whenever a tie shall occur in the vote on any of the aforesaid officers, the result
shall be decided by lot by the board of canvassers. At the election in 1969 and
each four years thereafter, the mayor and two councilmen shall be elected to hold
office for four years and until their successors are elected and qualified. At
the election in 1971 and each four years thereafter three councilmen shall be
elected. Section 3. The terms of the offices shall begin at
the first regular meeting of the council in May following their election in
April, and they shall qualify at any time 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 thereupon, the mayor shall, with the
consent of a majority of the councilmen remaining, appoint 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 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. In
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.
(01-11-71; Repealed by C.O. No. 25)