Charter Ordinance No. 3

A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM SECTION 15-201, K.S.A. 1968 SUPP. PROVIDING SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT, RELATING TO THE ELECTION OF THE MAYOR AND COUNCILMEN, THEIR TERMS OF OFFICE AND THE FILLING OF VACANCIES.

BE IT ORDAINED by the Governing Boyd of the City of Clearwater:

Section 1.  The City of Clearwater, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it Section 15-201, K.S.A. 1968 Supp., and provide substitute and additional provisions as hereinafter set forth in this ordinance.  Such statutory section is applicable to this city but is not applicable uniformly to all cities.

Section 2. On the first Tuesday in April 1971, there shall be elected a mayor and five councilmen.  At said election the mayor and the two candidates for councilmen receiving the highest number of votes shall be declared elected for a term of four years.  The candidates for councilmen receiving the next three highest number of votes shall be declared elected for a term of two years.  Succeeding elections for all such offices shall be for four year terms, or until the successors to such offices are qualified.

Section 3. In case of vacancy in the office of mayor by reason of resignation, death or removal from office or from the city, the president of the council shall be come mayor until the next regular election for that office and a vacancy shall occur in the office of councilman becoming mayor.

In case of a vacancy in the council 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 councilmen shall appoint some suitable elector to fill the vacancy until the next election for that office.  In case a person elected as a councilman neglects or refuses to qualify within thirty (30) days after his election, he shall be deemed to have refused to accept such office and a vacancy shall be deemed to exist.  Thereupon, the mayor may, with the consent of the remaining councilmen, appoint some suitable elector to fill said vacancy.