A CHARTER ORDINANCE EXEMPTING THE CITY OF ABILENE, KANSAS, FROM K;S:A. 14-1204, 12-1005c and 12-1006, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJUCT, PARTICULARLY THE STAGGERED ELECTION OF FIVE COMMISSIONERS, TIE VOTE, TERMS OF OFFICE, QUALIFYING, FAILURE TO QUALIFY OR ACCEPT OFFICE, FILLIMG VACANCIES AND CERTIFICATES OF ELECTION, AND REPEALING CHARTER ORDINANCE NO. 5.

Be it Ordained by the Governing Body of the City of Abilene, Kansas, that:

SECTION 1. The City of Abilene, Kansas, a commission-city manager city, of the second class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects and exempts itself from K.S.A. 14-1204, 12-1005c and 12-1006, which apply only to mayor commission forms of government and are not applicable uniformly to all cities, and provide substitute and additional provisions thereof.

SECTION 2. On each odd-numbered year there shall be elected three commissioners, the two candidates receiving the most votes shall be elected for four year terms and the candidate receiving the third highest number of votes shall serve for a period of two years. Whenever a tie shall occur in a vote on any of the aforesaid offices, the result shall be decided 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 each person a certificate of the election signed by the City Clerk with the seal of the City affixed, and such certificate shall constitute notice of election. The term of the officers shall begin on the first regular meeting of the Commission following their election and they shall qualify at any time before or at the beginning of said meeting and as otherwise required by statute. If any person e1ected to the office of commissioner does not qualify within .the required time, such person shall be deemed to have refused to accept the office and a vacancy shall exist and thereupon a majority of the commission, by voice vote, shall appoint a qualified elector of the city to fill the vacancy for the term to which the refusing person was elected. In case of a vacancy in the office of commissioner occurring by reason of resignation, death or removal from office or from the city, the mayor, by and with the consent of a majority of the remaining commissioners, shall appoint a qualified elector of the city to fill the vacancy until the next election for that office. The commission should be organized as provided by law with the selection of a president of the commission.

SECTION 3. Charter Ordinance No. 5 is hereby repealed in its entirety.

(04-12-1982; Amended by C.O. No. 25)