Charter Ordinance No. 19

A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS FROM CERTAIN TERMS AND PROVISIONS OF K.SA 15-201, AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECTS RELATING TO THE ELECTION AND THE TENURE OF ELECTED CITY OFFICIALS BY AMENDING SECTION 2 OF CHARTER ORDINANCE NUMBER 3.

WHEREAS, the City of Clearwater, Kansas is a city of the third class; and

WHEREAS, the City of Clearwater, Kansas deems it advisable to exempt itself from the provisions of K.S.A. 15-201 relating to the election and the terms of office of mayor and council members, which are generally applicable to cities of the third class.

NOW, THEREFORE. BE IT ORDAINED BY THE GOVERNING BODY OF THE

CITY OF CLEARWATER, KANSAS:

Section 1. Exemption

The City of Clearwater, Kansas, by virtue of the power vested in it by Article 12. Section 5 of the Constitution of the State of Kansas hereby elects to make inapplicable to it and exempts itself from the provisions of K.S.A. 15-201 relating to the election and the terms of office of mayor and council members.

In exempting itself, the City of Clearwater, Kansas finds that such provisions are applicable to it as a city of the third class with a mayor-council form of government, but not uniformly applicable to all cities. Therefore, the City of Clearwater, Kansas hereby adopts substitute and additional provisions on the same subject as hereinafter provided.

Section 2. Amending Section 2 of Charter Ordinance Number 3

Section 2 of Charter Ordinance Number 3 is hereby amended to read as follows:

Section 2. Mayor and council member elections - Terms.

       On the first Tuesday following the first Monday in November, 2017 and on the first Tuesday following the first Monday in November of every fourth year thereafter, three council members shall be elected for a term of four years. On the first Tuesday following the first Monday in November, 2019 and on the first Tuesday following the first Monday in November of every fourth year thereafter, a mayor and two council members shall be elected for a term of four years. Office shall be held until a successor is elected and qualified.

       The existing council member positions with terms expiring in April 2017 shall be extended until the council members elected in the November 2017 general election are elected and qualified. The existing mayor and council member positions with terms expiring in April 2019 shall be extended until the mayor and council members elected in the November 2019 general election are elected and qualified.

Section 3. The Term “council member”

The term “council member” as used in this Charter Ordinance and the provisions of K.S.A. 15-201 refers also to the terms “councilman” and “councilmen” as used in the sections and provisions of Charter Ordinance Number 3.

Section 4. Other Sections and Provisions of Charter Ordinance

All other sections and provisions of Charter Ordinance Number 3 not in conflict herewith or otherwise amended or repealed shall remain in full force and effect.