A CHARTER ORDINANCE EXEMPTING THE CITY OF SOUTH HUTCHINSON, KANSAS, FROM THE PROVISIONS OF K.S.A. 15-201 AND FROM THOSE SECTIONS OR PORTIONS OF SECTIONS OF L. 2015, CHAPTER 88, SECTION 71, WHICH ARE IN CONFLICT WITH THIS CHARTER ORDINANCE, RELATING TO THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, THE FILLING OF GOVERNING BODY VACANCIES, AND NOMINATION PETITIONS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCES NO. 1 AND 4.

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SOUTH HUTCHINSON, KANSAS,

SECTION 1. The City of South Hutchinson, 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 and from those sections or portions of sections of L. 2015, Chapter 88, Section 71, which are in conflict with this Charter Ordinance, 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 South Hutchinson, Kansas.

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. No person shall be a candidate for, or elected specifically, to the office of mayor. At the first regularly scheduled meeting in January 2017 and each year thereafter, the members of the council so constituted, shall elect one of their members as mayor of said city. Said person shall hold the office of mayor for the term of one year and until his successor shall be elected and qualified. A member of the council may serve successive terms as mayor if so elected.

After completion of his term as mayor, if not re-elected to that office, or otherwise not qualifying, such person shall begin his term as councilman, and serve in that capacity for the remaining of his unexpired terms, if any, and until his successor is elected and qualified. Whenever a tie shall occur, in the vote for any person for mayor, said tie shall be resolved in favor of that councilman who received the largest number of votes in the last election in which he ran for office.

SECTION 5. A regular city election shall be held on the first Tuesday in November 2017 and every two years thereafter. In November 2017 such election shall be held for three councilpersons. The three Councilpersons elected shall serve for a term of four years and until their successors shall be elected and qualified. In the election in 2017, and each two years thereafter, the City shall elect three Councilpersons 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.

SECTION 6. 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 January following their election in November 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 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.

SECTION 7. 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 council member becoming mayor.

SECTION 8. [AMENDED BY CHARTER ORDINANCE NO. 17] In accordance with K.S.A. 25-205, and amendments thereto, any person 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 the required number of the qualified electors of the City of South Hutchinson, Kansas as prescribed by K.S.A. 25-205.

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SECTION 11. Charter Ordinances No. 1 and No. 4 are hereby repealed.

(07-16-2016; Amended by C.O. No. 17)