A CHARTER ORDINANCE EXEMPTING THE CITY OF BELLE PLAINE, KANSAS, FROM SECTION 44 OF HOUSE BILL NO. 1709, 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.

Section 1. The City of Belle Plaine, 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 House Bill No. 1709, of the 1968 session of the Kansas Legislature, 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, 1975, 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 of 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 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 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.

(4-4-1974; Repealed by C.O. No. 17)