A CHARTER ORDINANCE EXEMPTING THE CITY OF SUBLETTE, KANSAS, FROM SECTION 15-201 OF THE KANSAS STATUTES ANNOTATED AND PROVIDING SUBSTITUTE AN ADDITIONAL PROVISIONS ON THE SAME SUBJECT, PROVIDING FOR THE ELECTION OF THE MAYOR AND FIVE (5) COUNCILMEN, THEIR TERMS OF OFFICE, QUALIFICATION; AND PROVIDING FOR THE APPOINTMENT OF THE POLICE JUDGE; AND OTHER PROVISIONS RELATNG TO SAID OFFICES.

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

SECTION 1: The City of Sublette, Kansas, a mayor-council city of the third class, by the power vested in it under and by virtue of Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself from, and makes inapplicable to it, Section 15-201 of the Kansas Statutes Annotated, which statutes apply only to mayor-council cities of the third class, and hereby provide substitute an additional provisions as hereinafter set forth.

SECTION 2: The City of Sublette, Kansas, shall be governed by five (5) council members and a mayor as provided herein and in the appropriate Statutes of the State of Kansas not otherwise specifically referred to herein.

SECTION 3: A regular city election shall be held on the first Tuesday in April of each odd numbered year, commencing with April, 1967. In April, 1967, an election shall be held for a mayor and five (5) councilmen. The mayor shall hold office for two (2) years and until his successor is elected and qualified.

SECTION 4. There shall also be elected at the April, 1967, election, a board of five (5) councilmen from the total number of candidates for said board voted upon, and the two (2) candidates who s hall have received the highest vote at said election shall be declared elected and shall hold their respective offices for a term of four (4) years each and the remaining three (3) candidates shall be declared elected councilmen and shall hold their respective offices for a term of two (2) years each. Thereafter, three (3) and two (2) councilmen, alternately, shall be elected in each odd numbered year and shall hold their respective offices for a term of four (4) years each, and until their successors are elected and qualified.

SECTION 5: Whenever a tie shall occur in the vote of any of the aforesaid offices, the result shall be decided by lot by the board of canvassers. The City Clerk shall within seven (7) days after the canvass of returns and determination by the Board of canvassers of the persons elected, deliver to each such person a certificate of election, signed by said clerk with the seal of the city affixed thereto, and such certificate shall constitute notice of election. The terms of the officers shall begin at the first regular meeting of the council in May following their election in April and they shall qualify at any time before -or at the beginning of said meeting. If any person elected to the office of councilman does not qualify within the required time, he shall be deemed to have refused to accept the office and a vacancy shall exist and, thereupon, the mayor shall, with the consent of a majority of the remaining councilmen, appoint a suitable elector of the city to fill the vacancy for the term to which the refusing person was elected. In case of a vacancy, death or removal from office or from the city, the mayor, by and with the consent of a majority of the remaining councilmen, shall appoint some suitable elector of the city to fill the vacancy until the next election for that office.

In the case of a vacancy in the office of mayor occurring by reason of failure or refusal to qualify and accept, resignation, death, removal from office or from the city, the president of the council shall become mayor until the next regular election for that office, and a vacancy shall occur in the office of the councilman becoming mayor, and shall be filled as hereinabove provided.

SECTION 6: Upon the taking effect of this charter ordinance and from and after the expiration of the present term for which the police judge of the City of Sublette, Kansas, is now serving, the office of police judge of the City of Sublette, Kansas, shall cease to be an elective office of said city, and at the first meeting of the newly elected mayor and councilmen in May of 1967, the mayor by and with the consent of a majority of the newly elected councilmen, shall appoint a police judge for said city to serve for a term of two (2) years or until resignation, death, or removal from office or from the city. The police judge may be removed from office by a four-fifth (4/5th) vote of all councilmen present and voting.

(12-05-1966; Repealed by C.O. No. 9)