A CHARTER ORDINANCE EXEMPTING THE CITY OF CHERRYVALE, KANSAS, FROM THE PROVISIONS OF (K.S.A. 14-103) AND/OR (K.S.A. 14-201) AND/OR (K.S.A. 14-204), RELATING TO THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, THE APPOINTMENT OF OFFICERS, AND NOMINATION PETITIONS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE 08-22.

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

SECTION 1.  The City of Cherryvale, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of (K.S.A. 14-103) AND/OR (K.S.A. 14-201) AND/OR (K.S.A. 14-204), that apply to this city, but are parts of enactments which do not apply uniformly to all cities.

SECTION 2.

(a)   The governing body shall consist of a mayor and 4 council members to be elected to terms as set forth herein.  The mayor and council members shall be residents and qualified electors of the City of Cherryvale, Kansas.

(b)   The governing body of the city may, by ordinance, divide the city into wards and precincts, establish the boundaries thereof, and number the same.  No ordinance redefining wards and precincts shall become effective less than 30 days prior to the next regular city election.

SECTION 3.  Those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January 2018, when the city officials elected in the November 2017 general election take office. Those governing body positions with terms expiring in April 2019, shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office.

SECTION 4.  A general election of city officers will take place on the Tuesday succeeding the first Monday in November 2017.  Succeeding elections will be held every two years for all such governing body positions whose terms have expired.  One council member from each ward shall be elected at one election, and the other council member from that ward shall be elected at the succeeding election.  The council members shall have four year terms.  The Mayor shall have a four year term.

SECTION 4.  The mayor shall appoint, by and with the consent of the council, a municipal judge of the municipal court, a chief of police, city clerk, city attorney, and any other officers deemed necessary.  Any officers appointed and confirmed shall hold an initial term of office of not to exceed two years and until their successors are appointed and qualified.  Any officers who are reappointed shall hold their offices for a term no less than one year and until their successors are appointed and qualified.  The council shall by ordinance specify the duties and compensation of the office holders, and by ordinance may abolish any office created by the council whenever deemed expedient.

SECTION 5.  In accordance with K.S.A. 25-205, and amendments thereto, any person may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by any fee required by law.  The nomination petition must be signed by 3% of the qualified electors of the City of Cherryvale.

(11-16-2015)