A CHARTER ORDINANCE AFFIRMING THE FORM OF GOVERNMENT AND TERMS OF OFFICE APPROVED BY CHARTER ORDINANCE NO. 1, THE FILLING OF A VACANCY IN OFFICE, PROVIDING FOR A GOVERNING BODY CONSISTING OF A MAYOR AND FIVE COUNCIL MEMBERS, AND PROVIDING FOR COMPLIANCE WITH THE 2015 LEGISLATIVE MANDATE TO TRANSITION THE TERMS OF SUCH OFFICERS TO A NOVEMBER ELECTION CYCLE IN ACCORDANCE WITH L. 2015, CHAPTER 88, 2015 HOUSE BILL 2104

Whereas, the City of Lake Quivira, Kansas, by the power vested in it by Article XII, Section 5, of the Constitution of the State of Kansas, has duly passed Charter Ordinance Number 1, which related to provisions for a Governing Body consisting of a Mayor and five (5) Council Members, and the terms of office and filling of vacancies of the members of the Governing Body; and

WHEREAS, the 2015 Kansas Legislature enacted L. 2015, Chapter 88, House Bill 2104 mandating new terms for the Governing Body, and scheduling new election dates for those officials, requiring the Governing Body to incorporate those provisions and affirm the continuance of the remaining provisions regarding the ongoing from of existing government as approved by the Governing Body in Charter Ordinance No. 1, on the 1st day of November 1971.

SECTION ONE. Charter Ordinance No. 1, exempting the City from the provisions of K.S.A. 15-201, is hereby affirmed which provides the Governing Body shall consist of a Mayor and five (5) Council Members, all of whom shall be qualified electors of the City, and who shall be elected by the City as a whole.

SECTION TWO. Charter Ordinance No. 1, exempting the City from the provisions of K.S.A. 15-201, is hereby affirmed which provides Council Members shall be declared elected for four (4) year terms and the Mayor shall be declared elected for two (2) year terms.

SECTION THREE. In accordance with the 2015 legislative mandate, general elections shall take place on the Tuesday succeeding the first Monday in November 2017. Succeeding general elections will be held every two (2) years for all such Governing Body positions whose terms have expired. In accordance with Charter Ordinance No. 1, the Mayor and two (2) Council Members shall be elected at one election, and the remaining three (3) Council Members shall be elected at the succeeding election.

As provided in Charter Ordinance No. 1, Section Two, the candidates for Council Member shall be declared elected who receive the highest number of votes for the number of positions to be elected.

SECTION FOUR. In accordance with the 2015 legislative mandates, 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. Officials elected at the November general election shall take office the second Monday in January of the following year.

The current terms and expiring dates of currently elected or serving officials of the City of Lake Quivira, and the new dates for the expiration of such term and the general election thereof are as follows:

Mayor Mike Olson elected April 7, 2015, elected term expires April 2017

Term extended to 2nd Monday of January 2018

General election of office Tuesday succeeding first Monday in November 2017

Council Member Brady Lilja elected April 2, 2013, elected term expires April 2017

Term extended to 2nd Monday of January 2018

General election of office Tuesday succeeding first Monday in November 2017

Council Member Ben C. Kalny elected April 7, 2015, elected term expires April 2019

Term extended to 2nd Monday of January 2020

General election of office Tuesday succeeding first Monday in November 2019

Council Member David White elected April 7, 2015, elected term expires April 2019

Term extended to 2nd Monday of January 2020

General election of office Tuesday succeeding first Monday in November 2019

Council Member Bruce Rimbo elected April 7, 2015, elected term expires April 2019

Term extended to 2nd Monday of January 2020

General election of office Tuesday succeeding first Monday in November 2019

Council Member Betsy Vossman

Appointed pursuant to Charter Ordinance No. 1, to remaining term of Council

Member Mike Olson, elected term expiring April 2017

Term extended to 2nd Monday of January 2018

General election of office Tuesday succeeding first Monday in November 2017

City elections shall be nonpartisan. Laws applicable to elections occurring at the same time as City elections and laws to City elections in general shall apply to City elections hereunder to the extent that the same are not in conflict with the provisions of this Charter Ordinance or Charter Ordinance No. 1.

SECTION FIVE. Charter Ordinance No. 1, exempting the City from the provisions of K.S.A. 15-201, is hereby affirmed which provides that in the 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 SIX. Charter Ordinance No. 1, exempting the City from the provisions of K.S.A. 15-201, is hereby affirmed which provides that in the case of a vacancy in the office of Council Member 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 some suitable 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 thirty (30) days after election, he or she shall be deemed to have refused to accept such office and a vacancy shall exist, and thereupon the Mayor may, with the consent of the remaining Council Members, appoint some suitable elector to fill said vacancy.

SECTION SEVEN. At the first regular City Council meeting in January of each year following a general election, commencing in 2017, the Governing Body shall elect one (1) member of the Council as President of the Council who in the absence or disability of the Mayor shall become acting Mayor, provided that such Council Member shall retain all the voting rights and other prerogatives as a Council Member while acting as Mayor. In the absence of both the Mayor and the President of the Council, the senior Council Member present from point of elective service on the Council shall preside.

SECTION EIGHT. Any person desiring to become a candidate for city office shall file with the County Election Officer, before the filing deadline, established in K.S.A. 25-205, and amendments thereto, a declaration of candidacy on a form furnished by the County Election Officer as specified by the Secretary of State. The nomination petition must be signed by twenty-five (25) of the qualified electors of the City of Lake Quivira.

(12-07-2015; Amended by C.O. No. 22)