CHARTER ORDINANCE EXEMPTING THE CITY OF SOUTH HUTCHINSON, KANSAS FROM SECTION 15-201 OF THE 1961 SUPPLEMENT TO THE GENERAL STATUTES OF KANSAS, 1949, AND SECTION 15-210 OF THE GENERAL STATUTES OF KANSAS, 1949, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, PROVIDING FOR AN ANNUAL ELECTION, PROVIDING FOR THE ELECTION OF MAYOR, POLICE JUDGE AND FIVE COUNCILMEN, TIE VOTE, THEIR TERMS OF OFFICE QUALIFYING, FAIL URE TO QUALIFY OR ACCEPT OFFICE, FILLING OF VACANCIES AND CERTIFICATES OF ELECTION.

SECTION 1. The City of South Hutchinson, Kansas, a mayor-council city of the third class, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, elects to and hereby exempts itself from and makes inapplicable to it which apply only to mayor-council cities of the third class, and elects to and hereby does provide substitute and additional provisions as hereinafter set out. (See C.O. No. 4, Sec. 1)

SECTION 2. A regular city election shall be held on the first Tuesday in April, 1965 and every two years thereafter. In 1965 such election shall be held for a mayor, a police judge, and five councilmen. At the election in 1965 there shall be six candidates for councilman. The two candidates receiving the second and third highest number of votes for that office shall be elected for a term of four years and until their successors shall be elected and qualified. The three candidates receiving the fourth, fifth and sixth highest number of votes shall be elected for a term of two years and until their successors shall be elected and qualified. In the election in 1967, and each two years thereafter, the two candidates for councilman receiving the second and third highest number of votes for that office shall be elected to that office for a term of four years and until their successors shall be elected and qualified. The members of the council, so constituted, shall elect one of their number as president of the council to preside over the council in the absence or disqualification of the mayor. (See C.O. No. 4, Sec. 1)

SECTION 3. (Amended C.O. No. 4)

SECTION 4. 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. The city clerk shall, within three days after the canvass of the returns and determination by the board of canvassers of the person 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 police judge or 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 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 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.

(01-17-1964; Amended by C.O. No. 4; Repealed by C.O. No. 16)