A CHARTER ORDINANCE EXEMPTING THE CITY OF ENTERPRISE, KANSAS, FROM THE PROVISIONS OF K.S.A. 15-201, RELATING TO THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, THE FILLING OF GOVERNING BODY VACANCIES, AND NOMINATION PETITIONS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NO. 16.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ENTERPRISE, KANSAS:

Section 1: The City of Enterprise, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A. 15-201, which applies to this city, but is part of an enactment which does not apply uniformly to all cities.

Section 2: The governing body shall consist of a mayor and five council members to be elected, on a nonpartisan basis, to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Enterprise, Kansas.

Section 3: Those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office. Those governing body positions with terms expiring in April 2019, shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office.

Section 4: General elections shall take place on the Tuesday succeeding the first Monday in November of each odd year beginning in 2017. Succeeding elections will be held every two years for all such governing body positions whose terms have expired. The mayor shall have a four-year term with the current term scheduled to expire in April, 2017. Said current mayoral term will now expire the second Monday in January 2018 when the mayor elected in November of 2017 general election takes office. At succeeding regular city elections there shall be elected council members, whose position terms have expired, for four-year terms. Likewise, at regular succeeding city elections there shall be elected a mayor whose position has expired on a four-year cycle.

Section 5: 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 consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. The governing body shall appoint by a majority vote of the remaining members, a person to fill the vacancy within 60 days of the vacancy. If the appointment is not made, the governing body shall pass a resolution calling for a special election to fill such vacancy within 45 days of the passage of such resolution.

In case any person elected as a council member neglects or refuses to qualify within 30 days after election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. The mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.

Section 6: In case of a vacancy in the office of 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.

Section 7: In accordance with K.S.A. 25-205, and amendments thereto, any person may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by any fee required by law. The nomination petition must be signed by 3 percent of the qualified electors of the City of Enterprise.

(01-10-2017)