A CHARTER ORDINANCE EXEMPTING THE CITY OF HAVEN, KANSAS, FROM FORM SECTION 15-201 OF THE 1961 SUPPLEMENT TO THE GENERAL STATUTUES OF KANSAS, 1949, AND SECTION 15-210 OF THE GENERAL STATUTES OF KANSAS, 1949 AND PROVIDING SUBSTITUTE AND ADDITIOAL PROVISIONS ON THE SAME SUBJECT RELATIONG TO THE ELECTION OF MAYOR, POLICE JUDGE AND FIVE COUNCILMEN, THE VOTE, THEIR TERMS OF OFFICE, QUALIFIYING FAILURE TO QUALIFY OR ACCEPT OFFICE, FILLING VACANCIES AND CERTIFICATES OF ELECTION.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HAVEN, KANSAS:
Section 1. The City of Haven, 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 it and exempts itself from Section 15-201 of the 1961 Supplement to the General Statutes of Kansas, 1949 which apply to said city but not uniformly to all cities, and provides substitute and additional provisions on the same subject as hereinafter provided.
Section 2. A regular city election shall be held on the first Tuesday in April of each odd numbered year. At the regular city election in 1965, there shall be elected a mayor, a police judge and five councilmen. At said election the candidates for councilmen receiving the three (3) highest number of votes shall be declared elected for a term of (4) years. The candidate elected police judge shall be declared elected for a term of four (4) years. The candidates for councilmen receiving the next two (2) highest number of votes shall be declared elected for a term of two (2) years. The candidate elected mayor shall be declared elected for a term of two (2) years. Succeeding elections for all such offices shall be for four (4) year terms. At such elections the candidates for councilmen receiving the two (2) or three (3) (as the case may be) highest number of votes shall be declared elected. Whenever there is a tie vote for two or more candidates and it is necessary to determine which candidate receives the office, the winner shall be determined 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 such person a certificate of the election, signed by him and sealed with the seal of the city, and such certificate shall constitute notice of election. The terms of the officers shall begin at the first regular meeting of the council in May, following their election in April shall qualify by taking oath of office and otherwise, if there be other qualifications prescribed, at any time after receiving notice of election and 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 the mayor shall appoint, with the consent of a majority of the councilmen, in the case of the police judge, or with the consent of the remaining councilmen, in the case of a councilman, 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, 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 or failure to qualify, the new president of the council, shall be come mayor until the expiration of the term, and a vacancy shall occur in the office of the councilman becoming mayor.
Section 3. This ordinance shall be published once each week for two consecutive weeks in the Haven Journal, the official city newspaper.
Section 4. This is a charter ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12 Section 5, Subdivision (c) (3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.
Passed by the governing body, not less than two-thirds of the members-elect voting in favor thereof, the 18th day of January, 1965.
(01-18-1965)