APPENDIX A - CHARTER ORDINANCESAPPENDIX A - CHARTER ORDINANCES\CHARTER ORDINANCE NO. 96-20

A CHARTER ORDINANCE EXEMPTING THE CITY OF CHERRYVALE, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-103, 14-111, 14-201, and 14-204 AND PROVIDING SUBSTITUTES AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT AUTHORIZING THE CHANGE IN THE CITY GOVERNMENT.

Be it ordained by the governing body of the City of Cherryvale. Kansas:

SECTION 1. The City of Cherryvale, Kansas, being a city of the second class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt and does hereby exempt itself from, 14-103, 14-111, 14-201 and 14-204 which is not applicable uniformly to all cities and hereby provides substitute and additional provisions as hereinafter provided.

SECTION 2. SUBSTITUTE FOR K.S.A. 14-103. DIVISION OF CITY INTO WARDS; ELECTIONS AND TERMS OF CITY COUNCIL PERSONS. The existing city commission and hereafter the city council shall divide the city into wards, which shall be as equal in population as practical, establish the boundaries thereof, and number the same, and the territory of each ward shall be contiguous and compact. One city council member shall be elected from each ward at the city election in each odd numbered year. City council members shall have terms of four years and until successors are elected and qualified.

SECTION 3. SUBSTITUTE FOR K.S.A. 14-111. MEETINGS OF COUNCIL; QUORUM. Regular meetings of the council shall be held at such times, not less than once in each month, as shall be prescribed by ordinance. Special meetings may be called by the mayor or anyone council member, specifying the object and purpose of such meeting, which request shall be read at the meeting, and entered at length on the journal. At all regular and special meetings of the council, a majority of the council members elect and mayor shall be required to constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the council by ordinance may have previously prescribed.

SECTION 4. SUBSTITUTE FOR K.S.A. 14-201. ELECTIVE AND APPOINTIVE OFFICERS; TERMS; COMPENSATION.

[Repealed by C.O. No. 08-22]

There shall be elected on the first Tuesday in April of 1999, and every four years thereafter, a mayor elected at large with the present elected mayor to continue to hold that office until a successor is elected and qualified.

There shall be elected on the first Tuesday in April of 1997, and every four years thereafter, a council member from Ward 1 Position 1 with the present Commissioner of Streets and Utilities to remain on the Governing Body until a successor is elected and qualified in 1997.

There shall be elected on the first Tuesday in April of 1999, and every four years thereafter, a council member from Ward 1 Position 2 with the present Commissioner of Finance and Administration to remain on the Governing Body until a successor is elected and qualified in 1999.

There shall be elected on the first Tuesday in April of 1997, and every four years thereafter, a council member from Ward 2 Position 1 who shall hold that office until a successor is elected and qualified in 2001.

There shall be elected on the first Tuesday in April of 1997, a council member from Ward 2 Position 2 who shall hold that office for two years until a successor is elected and qualified in 1999.

There shall be elected on the first Tuesday in April of 1999, and every four years thereafter, a council member from Ward 2 Position 2 who shall hold that office until a successor is elected and qualified in 2003.

At the first meeting in May of each year, the Mayor, with the consent of the Council, shall appoint a municipal judge of the municipal court, a chief of police, treasurer, city clerk, city attorney, and any other officers deemed necessary. All appointed persons shall hold an initial term of not to exceed one year and until their successors are appointed and qualified. Any persons who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. The council shall by ordinance specify the duties of the appointed office holders, and by ordinance may abolish any office created by the council whenever deemed expedient.

SECTION 5. SUBSTITUTE FOR K.S.A. 14-204. COUNCILMEMBERS, ELECTION, RESIDENCE, VACANCIES IN OFFICES OF MAYOR OR COUNCIL MEMBERS, HOW FILLED; PRESIDENT OF COUNCIL. Each ward of each city governed by this act shall have two council members, who shall be chosen by the qualified electors of their respective wards. No person shall be eligible for the office of council member who is not at the time of election an actual resident of the ward from which elected. If any council member moves from the ward from which elected, the office shall be deemed vacant. Whenever a vacancy occurs, the governing body shall appoint an elector of the ward where the vacancy occurs to be a council member for the balance of the unexpired term.

The council shall elect from its membership a president of the council. The president of the council shall preside in the absence of the mayor. If a vacancy occurs in the office of the mayor by death, resignation, removal from city, removal from office, refusal to qualify, or otherwise, the president of the council shall become mayor to fill the unexpired term of the mayor and the vacancy created in the office of the council member becoming mayor shall be filled by the governing body of the city. Thereupon the council shall elect from its membership a new president of the council.

SECTION 6.

All remaining provisions of Kansas Statutes Annotated set out in Chapter 14 Part I and amendments thereto, not specifically chartered out from by this charter ordinance shall remain in full force and effect

SECTION 7.

Pursuant to election held on November 5, 1996, none of Chapter 14, Part II of Kansas Statutes Annotated shall apply to the City of Cherryvale, Kansas.

(11-11-1996; Section 4 was repealed by C.O. No. 08-22)