A CHARTER ORDINANCE EXEMPTING THE CITY OF PEABODY, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-104a, K.S.A. 12-16,128, K.S.A. 15-201, K.S.A. 15-204 and K.S.A. 25-2108a, RELATING TO THE ELECTION OF GOVERNING BODY MEMBERS, THEIR TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, FILLING OF GOVERNING BODY VACANCIES AND TIMING OF APPOINTMENTS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NOS. 2, 11 AND 13.

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

Section 1. The City of Peabody, 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. 12-104a, K.S.A. 12-16,128, K.S.A. 15-201, K.S.A. 15-204 and K.S.A. 25-2108a which apply to this city, but are parts of enactments which do not apply uniformly to all cities.

Section 2. The governing body shall consist of a mayor and five council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Peabody, 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 2017. Succeeding elections will be held every two years for all such governing body positions whose terms have expired. All councilmembers shall have four-year terms. The mayor shall have a two-year term.

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 and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. 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 a fee required by law. The nomination petition must be signed by fifteen (15) of the qualified electors of the City of Peabody.

Section 8. Charter Ordinance Nos. 2, 11 and 13 are hereby repealed.

(05-08-2017)