A CHARTER ORDINANCE EXEMPTING THE CITY OF PEABODY, KANSAS, FROM K.S.A. 1971 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 PEABODY, KANSAS:

SECTION l. The City of Peabody, 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 K.S.A 1971 Supp. 15-201 and provide substitute and additional provisions as hereinafter set forth in this ordinance. Such statutory section is applicable to this city but is not applicable uniformly to all cities.

SECTION 2. On the first Tuesday in April, 1973, there shall be elected a mayor and five councilmen. At said election the mayor shall be declared elected for a term of two (2) years and the two (2) candidates for councilmen receiving the highest number of votes shall be declared elected for a term of four (4) years. The candidates for councilmen receiving the next three highest number of votes shall be declared elected for a term of two (2) years. Succeeding elections for all such officers shall be for four (4) year terms or until the successors to such offices are qualified, except for the office of mayor, which shall be for a term of two (2) years.

SECTION 3. In 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 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 the consent of the remaining councilmen, appoint some suitable elector to fill said vacancy.

(01-09-1973; Repealed by C.O. No. 13)