A CHARTER ORDINANCE EXEMPTING THE CITY OF MEDICINE LODGE, KANSAS, FROM K.S.A. 15-201, 1975, AND THAT PORTION OF K.S.A. 25-2107 WHICH PROVIDES AS FOLLOWS: “AND THE TERMS OF CITY OFFICERS SHALL BE TWO YEARS” AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS RELATING TO THE ELECTION OF MAYOR AND FIVE COUNCILMEN, TIE VOTES, TERMS OF OFFICE, QUALIFYING, FAILURE TO QUALIFY OR ACCEPT OFFICE AND FILLING VACANCIES.

Section 1. The City of Medicine Lodge, Barber County, Kansas, by the power invested in it by Article 12, Section 5 of the constitution of the State of Kansas, hereby elects to make inapplicable to it and exempts itself from K.S.A. 15-201, 1975, and that portion of K.S.A. 25-2107 which provides “and the terms of city officers shall be two years” which applies to said city but not uniformly to all cities and provides substitute and additional provisions on the same subjects as herein provided.

Section 2. A regular city election should be held on the first Tuesday of April of each odd numbered year. At the regular city election in 1977 there shall be elected a mayor and five councilmen. At said election the candidate elected mayor shall be declared elected mayor for two years. At said election the candidates for councilman receiving the three highest number of votes shall be declared elected for a term of four years. The candidates for councilman receiving the next two highest votes shall be declared elected for a term of two years. Succeeding elections for all such offices shall be for four year terms. At such elections the candidates for councilman receiving the two of three (as the case may be) highest number of votes shall be declared elected. 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 by the County Board of Canvassers. The election officer conducting such election shall certify to the city governing body the determination of election, as is by statute provided. The terms of said offices shall be for the periods provided herein and shall begin at the first regular meeting of the council following said election and qualification and that officers shall qualify by taking and subscribing an oath or affirmation as provided by statute which may be done before or at said first meeting following their election and certification and that said officers shall serve for the terms prescribed herein and until their successors are elected and qualified.

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 an consent of the remaining councilmen, shall appoint some suitable elector to fill the vacancy until the next election for that office. In case any person elected as a councilman neglects or refuses to qualify within 30 days after his or her election, he or she shall be deemed to have refused to accept such office and a vacancy shall exist, and thereupon the mayor may, with the consent of the remaining councilmen, appoint some suitable elector to fill said vacancy.

In case of a vacancy in the office of mayor, 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 3. The City of Medicine Lodge, Barber County, Kansas, by the power invested in it as hereinafter set forth also exempts itself from that portion of K.S.A. 25-2107 which provides “the terms of city officers shall be two years” and substitutes therefor the following: “the terms of city officers shall be as set forth in Section 2 herein.”

(7-6-1976; Repealed by C.O. No. 20)