A CHARTER ORDINANCE EXEMPTING THE CITY OF BIRD CITY, 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; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND ESTABLISHING REGULAR MEETINGS; AND REPEALING CHARTER ORDINANCE NO. 1 AND SECTIONS 1-101, 1-102, 1-103, 1-107, AND 1-120 OF THE 1998 CODE OF CITY OF BIRD CITY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BIRD CITY, KANSAS:
SECTION 1. The City of Bird City, 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 Bird City, Kansas, having attained an age of not less than twenty-one (21) years of age, a citizen of the United State of America and a resident of the city for not less than two (2) years immediately preceding his or her election.
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. All elections for the City of Bird City, Kansas shall be nonpartisan.
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 within 30 days after election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. The mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.
SECTION 7. 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 council member becoming mayor.
SECTION 8. In accordance with K.S.A. 25–205, and amendments thereto, any person, meeting the requirements of Section 2, may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by any fee required by law. The nomination petition must be signed by five (5) of the qualified electors of the City of Bird City.
SECTION 9. The regular meetings of the governing body of the city shall be held once each month, on the first Monday, except that there shall be an additional regular meeting on the second Monday of January each year, and said meetings shall commence at such time as the governing body directs.
(12-05-2016)