A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN PLAIN, KANSAS FROM SECTION 15-201 OF THE KANSAS STATUTES ANNOTATED AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, PROVIDING FOR THE ELECTION OF THE MAYOR AND FIVE COUNCILMEN, THEIR TERMS OF OFFICE, QUALIFICATIONS AND OTHER PROVISIONS RELATING TO SAID OFFICES.

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

SECTION I. The City of Garden Plain, Kansas, a mayor­ council city of the third class, by the power invested in it under and by virtue of Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself from, and makes inapplicable to it, Section 15-201 of the Kansas Statutes Annotated, which statutes apply only to mayor-council cities of the third class, and provides substitute and additional provisions as hereinafter provided.

SECTION II. The City of Garden Plain, Kansas shall be governed by five council members and a mayor as provided herein and in the appropriate statutes of the State of Kansas not otherwise specifically referred to herein.

SECTION III. A regular city election shall be held on the first Tuesday in April of each year, commencing April, 1977. In April, 1977, an election shall be held for mayor and five councilmen. The mayor shall hold office for two years and until his successor is elected and qualified.

SECTION IV. There shall be elected at the April, 1977 election a board of five councilmen. The two members who shall have received the highest vote at said election shall hold their respective offices for a term of three years each, and the remaining three councilmen elected at said election as aforesaid shall hold their respective offices for a term of two years each. Thereafter, beginning in April, 1979, an election shall be held each year, to provide for election of the respective councilmen whose terms expire during the election year, and all councilmen elected shall hold their respective offices for a term of two years each, and until their successors are elected and qualified

SECTION V, Whenever a tie shall occur in the vote of any of the aforesaid offices, the results shall be decided by lot, by the board of canvassers. The city clerk shall, within seven days after the canvass of the returns and determination by the board of canvassers of the persons elected, deliver to each such person a certificate of election, signed by him with the Seal of the City, and such certificate shall constitute notice of election. The terms of the officers 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, there­ upon, 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 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, 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.

(05-05-1976; Revised by C.O. No. 15)