A CHARTER ORDINANCE EXEMPTING THE CITY OF MILTONVALE, KANSAS, FROM THE PROVISIONS OF K.S.A. 15-201 RELATING TO THE ELECTION OF A MAYOR AND COUNCIL MEMBERS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS THEREFORE.

Section 1. The City of Miltonvale, Kansas, a mayor-council city of the third class, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, does hereby elect to exempt itself from and make inapplicable to it K.S.A. 5-201 and any amendments thereto.

Section 2. On the first Tuesday in April, 1983, there shall be elected a mayor and five councilmembers. At said election the mayor and the two candidates for councilmember receiving the highest and the second highest number of votes shall be declared elected for a term of two years and until their successors are elected and qualified. The three candidates for council member receiving the third, fourth, and fifth highest number of votes shall be declared elected for a term of one year and until their successors are elected and qualified. On the first Tuesday in April, 1985, and each odd-numbered year thereafter an election will be held and three councilmembers shall be elected for a term of two years.

Section 3. In the case of a vacancy in the council occurring by reason of resignation, death, removal from office, or taking up residence outside the city, the mayor, by and with the advice and consent of the remaining councilmembers, shall appoint a suitable elector to fill the vacancy until the new election for that particular councilmember position. In case any person elected as a councilmember neglects or refuses to qualify within 30 days after his or her election, his or her election, he or she shall be deemed to have refused to accept such office and a vacancy shall exist, and hereupon the mayor shall with the consent of the remaining councilmembers, appoint some suitable elector to fill said vacancy.

In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for mayor and a vacancy shall occur in the office of the councilmember becoming mayor. In such instance the mayor thus installed shall, with the advice and consent of the remaining councilmembers, appoint a suitable elector to fill the vacancy until the next election for that councilmember position.

(12-6-1982; Repealed by C.O. No. 12)