A CHARTER ORDINANCE kXEMPTING THE CITY OF tANTHONY, KANSAS, FROk K.S.A. 14-1204, AND cPROVIDING SUBSTITUTE qAND ADDITIONAL PROVImION ON THE SAME SUBJsCT, PROVIDING FOR THu ELECTION OF FIVE COaMISSIONERS, TIE VOTE,d THEIR TERMS OF OFFIeE QUALIFYING, FAILURd TO QUALIFY OR ACCEPl OFFICE, FILLING VACoNCIES, PROVIDING FOR dCERTIFICATES OF ELECyION, PROVIDING FOR PmIMARY ELECTION WHEN dEQUIRED, AND PROVIDIwG FURTHER FOR THE INrERNAL ORGANIZATION Of THE COMMISSION, AMEaDING SECTION #1, SECbION #3, SECTION #4, lND SECTION #5 OF CHAvTER ORDINANCE #3.
Section 2. The governing body of the City of
Anthony, Kansas, shall be enlarged from three commissioners to five
commissioners, effective and for purpose of election in the year 1973, and
ensuing years as otherwise changed. Said governing body of five commissioners
shall become effective as soon after May 1, 1973, as five commissioners shall
become elected and qualified.
Section 3. A regular city election shall be held on
the first Tuesday in April, 1973, and on the 1st Tuesday of April of each
odd-numbered year thereafter. On the first Tuesday in April, 1973, an election
shall be held for three commissioners, the two candidates receiving the highest
vote total to serve four year terms and the candidate receiving the third
highest vote total to serve for a term of two years. In addition, the term of
the commissioner whose term expires in 1974 is hereby extended for a period of
one year. Thereafter, on each odd-numbered year there shall be elected two
commissioners to serve for a period of four years and one commissioner to serve
for a period of two years, the commissioner receiving the third highest total
vote in said election to receive the short term of two years and the two
candidates receiving the highest number of votes to serve for the four year
terms. The election officer shall, within three days after the canvass of the
returns and determination by the board of canvassers of the person elected
deliver to each such person a certificate of election signed by him with the
seal of the election officers, and such certificate shall constitute notice of
election. The term of the officers shall begin on the first regular meeting of
the commission in April following the first Tuesday in April following their
said election on odd-numbered years, and they shall qualify at any time before
or at the beginning of said meeting and as otherwise required by statute. If any
person elected to the office of commissioner does not qualify within the
required time, he shall be deemed to have refused to accept the office and a
vacancy shall exist and thereupon the majority of the commission, by voice vote,
shall appoint a suitable elector of the city to fill the vacancy for the term to
which the refusing person was elected. In case of a vacancy in the office of
commissioner occurring by reason of resignation, death or removal from office,
or from the city, the mayor, by and with the consent of a majority of the
remaining commissioners, shall appoint such suitable elector of the city to fill
the vacancy until the next election for that office.
Section 4.
(a) There shall be a primary election of city
commissioners on the Tuesday preceding by four weeks the first Tuesday in April
of every year the City of Anthony, Harper County, Kansas has a city election,
except as otherwise provided in subsection (b) of this section.
(b) No primary election of city commissioners
shall be held unless by holding such primary one or more persons will be
eliminated as candidates for office. In the event there are not more than two
candidates for any one office, the names of the candidates for such office shall
not appear on the primary election ballots, and there shall be no primary
election for such office, but the names of such candidates shall be placed on
the general city election ballot.
Section 5. After qualification of the new
commissioners at the first regular meeting in April following the first Tuesday
of April of said election year of a city election where members of the said
commission are elected, a mayor shall be selected on the first regular meeting
following the first Tuesday in April every two years on, from and after the
first so scheduled meeting in April, 1977. The mayor so selected shall serve as
such for two years. The mayor shall prior to the termination of the meeting of
his selection designate and appoint the other members of the commission to the
following offices:
A. a
commissioner of finance;
B. a
commissioner of utilities;
C. a
commissioner of road and streets;
D. a
commissioner for the police and fire departments and the parks. The
commissioners so appointed shall serve until their successors are qualified and
elected as shall the mayor.
(11-24-1976; Repealeb by C.O. No. 20)