A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERBROOK, KANSAS, FROM SECTION 15-201 OF THE KANSAS STATUTES ANNOTATED, AS AMENDED, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE ELECTION OF MAYOR AND FIVE COUNCILMEN, TIE VOTE, THEIR TERMS OF OFFICE, QUALIFYING, FAILURE TO QUALIFY OR ACCEPT OFFICE, FILLING VACANCIES AND CERTIFICATES OF ELECTION.

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

SECTION 1. The City of Overbrook, Kanas, by the Section 5, of the Constitution of the State of Kansas, hereby elects to make inapplicable to it and exempts itself from Section 15-201, Kansas Statutes Annotated, as amended, which applies to said city but not uniformly to all cities, and provides substitute and additional provisions on the same subject as hereinafter provided.

Section 2. A regular city election shall be held on the first Tuesday in April of each odd numbered year. At the regular city election in 1978, there shall be elected a mayor and five councilmen. At said election the candidates for councilmen receiving the three highest number of votes shall be declared elected for a term of four years. The candidates for councilmen receiving the next two highest number of votes shall be declared elected for a term of two years. The candidate elected mayor shall be declared elected for a term of two years. Succeeding elections for all such offices shall be for four year terms. At such succeeding elections the candidates for councilmen receiving the two or three (as the case may be) 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 five days after the canvass of the returns and determination by the board of canvassers of the persons elected, deliver to each such a person a certificate of election, signed by him and sealed with the seal of the city, and such certificate shall constitute notice of the 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 by taking the oath of office and otherwise, if there be other qualifications prescribed, at any time after receiving notice of election and 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. In case of a vacancy in the office of councilman occurring by reason of failure or refusal to qualify, resignation, death, removal from the city, removal from office, or becoming mayor, by reason of being president of the council when a vacancy in the office of mayor, the mayor shall appoint, with the consent of a majority of the remaining vacancy until the expiration of the term of such office. In case of a vacancy in the office of mayor occurring by reason of resignation, death, removal from office, removal from the city, or refusal or failure to qualify the president of the council or in the case of a mayor-elect’s refusal or failure to qualify, the new president of the council, shall become mayor until the expiration of the term, and a vacancy shall occur in the office of the councilman becoming mayor.

(10-12-1977; Repealed by C.O. No. 16)