A CHARTER ORDINANCE EXEMPTING THE CITY OF CHERRYVALE, KANSAS FROM K.S.A. 14-103 AND ANY AND ALL AMENDMENTS MADE TO THAT SECTION; AND PROVIDING SUBSTITUTE, AND ADDITIONAL PROVISIONS FOR THE ELECTION OF CITY COUNCIL MEMBERS; AND REPEALING ALL CONFLICTING ORDINANCES.

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

SECTION 1: The City of Cherryvale, Kansas, a city organized under the laws of the State of Kansas as a city of the second class, by virtue of its home rule power vested in it by Article 12, §5 of the Constitution of the State of Kansas, hereby elects to exempt and does exempt itself from K.S.A. 14-103 which is not uniformly applicable to all cities as the legislature of the State of Kansas has made special statutory provisions applying to certain classes of cities in the Statutes of the State of Kansas. This exemption applies to K.S.A. 14-103 as it now exists or is hereafter amended.

SECTION 2: In lieu of and as a replacement to K.S.A. 14-103, the governing body of the City of Cherryvale, Kansas hereby adopts the following provisions:

A. The City Council shall divide the City into wards, which shall be as equal in population as is practical, establish the boundaries thereof and number the same for the purpose of providing separate polling places for the population of the City to vote. The territory of each ward shall be contiguous and compact.

1. Names. The City of Cherryvale, with its lawfully established additions, be and the same is hereby divided into two wards, designated respectively as “First” and “Second” ward.

2. Boundaries.

a. The First Ward shall consist of all that portion of the city lying east of the center line of the South East Kansas Railroad Company’s right of way; and

b. The Second Ward shall consist of all that portion of the City lying west of the center line of the South East Kansas Railroad Company’s right of way.

B. The City Council of the City of Cherryvale, Kansas shall consist of four members and a mayor. Two council members shall be residents of the First Ward. Two council member shall be members of the Second Ward. The mayor may be from either ward. All Council members and the mayor shall be elected by the City at large. Each voter shall have one vote for each City Council and/or mayor seat that is up for election. A number of Council members shall be elected based upon each candidate’s vote total with such number being equal to the available number of Council seats.

(11-06-2000)