Charter Ordinance
exempting the City of Oakley, Kansas, from Section 15-201 of the 1959
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 the election of mayor, police
judge and five councilmen, tie vote, their terms of office, qualifying,
failure to qualify or accept office, filling vacancies and certificates of
election.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OAKLEY, KANSAS:
Section 1. The City of Oakley, 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, hereby elects to and exempts itself from and makes inapplicable to it Section 15-201 of the 1959 Supplement to the General Statutes of Kansas, 1949, and Section 15-210 General Statutes of Kansas, 1949, both sections being part of Chapter 60, Laws of Kansas, 1871, as amended which apply only to mayor-council cities of the third class and applying to said city, and to provide substitute and additional provisions as hereinafter provided.
Section 2. A regular
city election shall be held on the first Tuesday in April of each odd-numbered
year. On the first Tuesday in April, 1965, an election shall be held for a
mayor, a police judge and five councilmen. At the election in 1965 and
each four years thereafter, the mayor and two councilmen and the police
judge shall be elected to hold office for four years and until their successors
are elected and qualified. At the election in 1965, three councilmen shall be
elected to hold office for two years and the police judge and two councilmen
shall be elected to hold office for four years. At the election of 1965, the
candidates for councilman receiving the highest, and second highest shall be
elected for four years, and the candidates receiving the third, fourth and
fifth highest number of votes shall be elected for two years. At the election in
1967, and each four years thereafter, three councilmen shall be elected to hold
office for four years and until their successors are elected and qualified. 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 persons elected, deliver to each 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 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 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.
(03-11-1963; Amended by C.O. No. 25)