A CHARTER ORDINANCE CALLING FOR THE ELECTION OF THE CITY COUNCIL CONSISTING OF FIVE (5) PERSONS BY ALL OF THE ELECTORS OF THE CITY, BUT WITH THE CANDIDATES FOR CITY COUNCIL TO BE SELECTED FOR GENERAL ELECTION BY A PRIMARY ELECTION WHEREIN THE PERSONS RECEIVING THE MOST VOTES IN EACH OF THE FIVE (5) PRIMARY WARDS ADVANCE TO THE GENERAL ELECTION; EXEMPTING THE CITY OF PARK CITY, KANSAS FROM CERTAIN ENACTMENTS OF THE LEGISLATURE, NAMELY, ALL OF K.S.A. 14-103, 14-201, 14-207, AND THE FIRST PARAGRAPH OF 14-204; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS; AND REPEALING CHARTER ORDINANCE NOS. 3-82 AND 4-82, WHICH PERTAIN TO THE EXEMPTION OF THE CITY FROM ENACTMENTS OF THE LEGISLATURE APPLICABLE UNIFORMLY TO CITIES OF THE THIRD CLASS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PARK CITY, KANSAS:
Section 1. The City of Park City, Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of the first paragraph of K.S.A. 14-204, and all of K.S.A. 14-103, 14-201, and 14-207 and to provide substitute and additional provisions as hereinafter set forth in this ordinance. Such referenced provisions of the Kansas Statutes Annotated are either enactments or part thereof which are applicable to cities of the second class but are not applicable to all cities.
Section 2. ELECTION OF OFFICERS; TERMS; VACANCIES.
a) The Governing Body of the City shall consist of the mayor and five (5) council members, elected by the City at large as hereinafter described.
b) There shall be elected, on the first Tuesday in April of each odd numbered year, a mayor. The mayor shall hold this office for a term of two (2) years or until his/her successor is elected and qualified.
c) Five weeks preceding the first Tuesday in April of each odd numbered year, a primary election shall be held to select a candidate for council member from each of the five (5) wards of the City as further described in Section 4 hereinbelow. The candidate in each ward receiving the greatest number of votes shall be placed on the April ballot for the election of council members as hereinafter described.
d) There shall be elected on the first Tuesday in April of each odd numbered year, council members in the manner hereinafter set forth in this subsection. Council members shall hold their office for four (4) years and until their successors are elected and qualified. Two (2) council members shall be elected on the first Tuesday in April, 1995 and every fourth year following April, 1995; and three (3) council members shall be elected every fourth year commencing April, 1997. The three (3) sitting council members, elected or appointed, with terms expiring April, 1997, shall thereby serve their full four-year terms prior to being subject to re-election under the terms of this charter ordinance.
e) In the case of a vacancy in the office of the 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.
f) In the case of a vacancy in council occurring by reason of resignation, death, or removal from office or from the City, the mayor, with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy for the unexpired term of that office. In case any person elected as a council member neglects or refuses to qualify within thirty (30) days after the election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. The mayor may, with the advice consent of the remaining council members, appoint a suitable elector to fill the vacancy.
Section 3. QUALIFICATION OF OFFICERS, HOW VACANCIES FILLED.
a) The officers elected shall be qualified electors of the City. Appointive officers should be electors of the City whenever practical or possible, except the City may appoint non-residents as officers when the Governing Body deems it advisable, necessary and/or in the best interest of the City; provided, that nothing herein shall authorize the appointment of non-residents of the State of Kansas or Sedgwick County. The removal from the City of any officer elected under this ordinance who is required to be a qualified elector thereof, shall occasion a vacancy in such office. All vacancies in office, except in the office of mayor and council member, may be filled until the next regular time for appointment by appointment of the Governing Body. Every appointment to office, and the date thereof, shall be entered in the journal of the proceedings of the council.
b) The mayor, with the advice and consent of council, shall appoint, at the first regular meeting of the Governing Body in May of each year, the following city officers: municipal court judge, city attorney (who may also serve or designate a council approved prosecutor), zoning administrator, city clerk, treasurer, chief of police and any other such officers as deemed necessary. Such officers shall hold an initial term of office not to exceed one (1) year and until their successors have been appointed and qualified. Any officers who are re-appointed shall hold their offices for a term of one (1) year and until their successors are appointed and qualified. The duties and pay of the various officers shall be provided by ordinance. Any officer may be removed by a majority vote of the total membership (elected or appointed) of the council and be suspended at any time by the mayor for just cause.
Section 4. The City shall be divided into five (5) wards for the purpose of selecting candidates by a primary election for election by all qualified electors of the city at a general election as hereinabove described. The boundaries of each ward shall be determined and approved by the governing body by ordinary ordinance.
Section 5. REPEAL OF CHARTER ORDINANCE. Charter Ordinance Nos. 3-82 and 4-82 which pertain to the exemption of the City from enactments of the legislature applicable uniformly to cities of the third class are hereby repealed.
(09-20-1994)