APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\Charter Ordinance No. 749

A CHARTER ORDINANCE EXEMPTING THE CITY OF ENTERPRISE, KANSAS, FROM SECTION 44 OF CHAPTER 274, OF THE 1968 SESSION OF THE KANSAS LEGISLATURE, WHICH SECTION AMENDED K.S.A. 1967 SUPP. 15-201, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS 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 BODY OF THE CITY OF ENTERPRIXE, KANSAS.

Section 1: The City of Enterprise, 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 44 of Chapter 274 of the 1968 session of the Kansas Legislature, and provide substitute and additional provisions as hereinafter set forth in this ordinance. Such statutory sections applicable to this city but is not applicable uniformly to all cities.

Section 2: On the first Tuesday in April 1969, 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 a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and vacancy shall occur in the office of the 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 any 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 exist, and thereupon the mayor may, with consent of the remaining councilmen, appoint some suitable elector to fill said vacancy.

Section 4: This ordinance shall be published once each week for two (2) consecutive weeks in the official city newspaper.

Section 5: 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 if approved by a majority of the electors voting thereon.

(10-10-1968; Repealed by C.O. No. 16)