A CHARTER ORDINANCE EXEMPTING THE CITY OF HESSTON, KANSAS FROM PROVISIONS OF K.S.A. 14-103, 14-109, 14-201, 14-207 AND 14-440, RELATING TO THE DIVISION OF THE CITY INTO WARDS, ELECTION AND TERMS OF COUNCILMEMBERS, ELECTIVE AND APPOINTIVE OFFICERS AND ENGINEERING ESTIMATES, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; REPEALING CHARTER ORDINANCE NO. 140-1967-001.

Section 1.  That the City of Hesston, Kansas, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself and make inapplicable to it K.S.A. 14-103, 14-109, 14-201, 14-207 and 14-440, which applies to this city, but is part of an enactment which does not apply uniformly to all cities.

Section 2.  A regular city election shall be held on the first Tuesday in April of each odd numbered year.  At such elections, the candidates for councilmembers receiving the two or three (as the case may be) and the candidate for mayor receiving the highest number of votes shall be declared elected.  Whenever there is a tie vote for two or more candidates and it is necessary to determine which candidate receives the office, the winner shall be determined by lot by the board of canvassers.  The city clerk, shall, within three days after the canvass of the returns and determination by the board of canvassers of the persons elected, deliver to such persons a certificate of election, signed by her and sealed with the seal of the city; and such certificate shall constitute notice of election.

Section 3.  City Council; Number Qualifications.  City council shall consist of five citizens of said city who, together with the mayor, shall be qualified electors of the City of Hesston, Kansas under the constitution of the State of Kansas.

Section 4.  Officers; Appointment; Removal.

(Repealed by C.O. No. 140-1996-011)

Section 5.  Vacancies in Offices of Mayor or Councilmember, How Filled; President of Council.  No person shall be eligible for the office of councilmember who is not at the time of election an actual resident of the city.  If any councilmember moves from the city during such councilmember’s term of office, the office shall be deemed vacant.  In case of a vacancy in the office of a councilmember occurring by reason of resignation, death, removal from the city, removal from office, or by becoming mayor by reason of being president of the council when a vacancy occurs in the office of the mayor, the mayor shall appoint, with the consent of a majority of the remaining councilmembers, some suitable elector of the city to fill the vacancy until the expiration of the term of such office. 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 the city, removal from office, refusal to qualify or otherwise, the president of the council shall become mayor until the next regular city election and the vacancy created in the office of the councilmember 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.  That Charter Ordinance 140-1967-001, duly adopted on January 18, 1967 and which was published and became effective as provided by law, and which exempted said city from the provisions of K.S.A. 15 201, as amended, and provided substitute and additional provisions on the subject relating to the terms of elected offices and providing for the same is, hereby repealed.

(02-08-88; Repealed by C.O. No. 140-2016-040)