A CHARTER ORDINANCE EXEMPTING THE CITY OF ATTICA K.S.A. 15-201 AND THAT PORTION OF K.S.A. 25-2107 THAT PROVIDES THE TERMS OF CITY OFFICERS SHALL BE TWO YEARS AND PROVIDING FOR SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE ELECTION OF MAYOR AND FIVE COUNCILMEN, TIED VOTES, THEIR TERMS IN OFFICE, QUALIFYING, FAILURE TO QUALIFY OR ACCEPT OFFICE, FILLING VACANCIES, CERTIFICATES OF ELECTION, AND REPEALING PRIOR CHARTER ORDINANCES NUMBERED 939 AND G-1058-98-4 DEALING WITH THE SAME TOPICS.

Section 1. Findings.

(a)   The governing body of the City of Attica hereby determines that it is in the best interest of said city to increase the length of the term of service of the mayor and the councilmen of said city; and

(b)   The governing body of the City of Attica hereby determines that it is in the best interest of said city to stagger the terms of the councilmen and of the mayor as a means of providing continuity to the governing body; and

(c)   K.S.A. 15-201 and K.S.A. 25-2107 are not statutes of state-wide concern applicable uniformly to all cities and are not statutes from which cities are forbidden to exempt themselves.

(d)   The governing body of the City of Attica hereby determines that it has authority to make such changes by ordinance passed by the governing body pursuant to Article 12, Section 5, of the Constitution of the State of Kansas upon the finding of appropriate circumstances.

Section 2. Exemption.

The City of Attica, Kansas, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas hereby elects to make inapplicable to the City of Attica and hereby exempts itself from K.S.A. 15-201 and that portion of K.S.A. 25-2107 which provides “and the terms of the city officers shall be two years” which until now has applied to said city and does hereafter provide for substitute and additional provisions of the same subject.

Section 3. Election Procedure.

A regular city election shall be held on the first Tuesday in April of each of the odd-numbered years hereafter. At the regular city election in 1999, there shall be elected a mayor and three (3) members of the city council, such election to be for those council members and the mayor whose four (4) year terms expire in 1999. At said election, the three (3) candidates for the city council receiving the three highest number of votes shall be declared to be elected for a term of four (4) years and the candidate receiving the single highest number of votes as mayor shall be declared elected for a term of two (2) years. At the regular city election in 2001, there shall be elected a mayor and two (2) members of the city council, such election to be for those council members whose four (4) year terms expire in 2001 and the mayor whose two (2) year term expires in 2001. At said election, the two (2) candidates for city council receiving the two highest number of votes and the candidate receiving the single highest number of votes as mayor shall be declared elected for a term of four (4) years. Succeeding elections for all such offices shall be for a term of four (4) years4 At such elections the candidates for City Council membership receiving the two or three (as the case may be) highest number of votes shall be elected and at those elections for the office of mayor the candidate receiving the single highest number of votes s hall be elected. Whenever there is a tie vote for two or more candidates and it is necessary to determine which candidate is to receive the office, the winner shall be determined by lot by the board of canvassers. The city clerk shall, within three (3) days after the canvass of the returns and the determination by the board of canvassers of the persons elected, deliver to each such person so elected a certificate of election, signed by the city clerk and sealed with the seal of the city. Such certificate shall constitute notice of election.

Section 4. Term of Office.

The terms of the officers so elected shall begin at the first regular meeting of the council in May following their election in April and they shall qualify by taking the oath of office and upon their showing that they meet all other qualifications prescribed by law. If any person elected as a council member does not qualify by such time, he or she shall be deemed to have refused to accept the office to which he or she was elected and a vacancy shall exist and the mayor shall appoint, with the consent of the remaining council persons, a suitable elector of the city to fill such vacancy for the term to which the refusing person was elected.

Section 5. Vacancy in Office.

In case of a vacancy in the office of council member occurring by reason of resignation, death, removal from the city, removal from office, refusal to accept office in the first instance, or becoming mayor by reason of being the president of the council when a vacancy occurs in the office of mayor, the mayor shall appoint, with the consent of a majority of the remaining councilmen, some suitable elector of the city to fill the vacancy until the expiration of the term of such office. In case of a vacancy in the office of mayor occurring by reason of resignation, death, removal from office, removal from the city, or refusal or failure to qualify, the president of the council, or in the case of the mayor-elect’s refusal to failure to qualify, the new president of the council shall become mayor until the expiration o f t he said term and a vacancy shall occur in the office of the council person becoming mayor.

(07-06-1998)