A CHARTER ORDINANCE OF THE CITY OF PAOLA, KANSAS, EXEMPTING THE CITY OF PAOLA, KANSAS, FROM THE PROVISIONS OF K.S.A. 1971 SUPP. 14-103, 14-201, 14-204, 14-205 AND 14-308, INSOFAR AS ANY PORTION THEREOF RELATES TO THE OFFICE OF CITY COUNCILMEN, AND PROVIDING VARIOUS SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT INCLUDING PROVISIONS FOR THE METHOD AND MANNER OF THE ELECTION OF COUNCILMEN IN SAID CITY; THE RESIDENCE REQUIREMENT AND TERM OF OFFICE FOR SUCH COUNCILMEN; A PROCEDURE FOR BREAKING TIE VOTES FOR COUNCILMEN, A PROCEDURE FOR FILLING OF VACANCIES OCCURRING IN OFFICE BY THE REMOVAL OF A COUNCILMAN FROM HIS WARD OR BY HIS DEATH, RESIGNATION, OR FAILURE TO QUALIFY FOR HIS OFFICE OR DISQUALIFICATION FOR THE HOLDING OF SUCH OFFICE; AND PROVIDING FOR THE QUALIFICATION OF COUNCILMEN; AND PROVIDING FOR THE SUBSCRIBING TO HIS OATH; AND REPEALING CHARTER ORDINANCE NO. 3 OF SAID CITY.

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

SECTION 1. That the City of Paola, Kansas, a City of the second class, 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 from and make inapplicable to it the provisions of K.S.A. 1971 Supp., 14-103, 14-201, 14-204, 14-205 and 14-308, insofar as any portion thereof relates to the office of City Councilman and the method and manner of election of councilmen in said city, the residence requirements and term of office of such councilmen, and the procedure for breaking tie votes for councilmen and the procedure for filling vacancies occurring in off ice by the removal of a councilman from his ward or by his death, resignation or failure to qualify for office, and also such provisions as relate to the qualification of councilmen and the provisions relating to his subscribing to his oath.

SECTION 2. That there shall be elected on the first Tuesday in April of each even-numbered year, one (1) councilman from wards two (2) and four (4) of said city, and there shall be elected on the first Tuesday in April of each odd-numbered year one (1) councilman from wards one (1) and three (3) of said city. Councilmen shall hold office for a term of two (2) years. Councilmen elected in 1972 shall have terms expiring in 1974, and councilmen elected in 1973 shall have terms expiring in 1975.

SECTION 3. That each of the four (4) wards in said city shall have one (1) councilman with alternating terms as prescribed by Section 2 of this ordinance, each of which councilmen shall be chosen by the qualified electors of his ward, and no persons shall be eligible for the office of councilman who, at the time of his election, is not an actual resident of the ward from which he was elected and if any councilman shall remove himself from the ward from which he was elected, his office shall become vacant, provided however, that nothing herein shall be construed as disqualifying a councilman from his office for the remainder of the term for which he was elected in the case and event where the governing body, upon redefining the boundaries of wards of said city, shall place the councilman’s residence outside of the ward from which he was elected.

SECTION 4. Whenever there shall be a tie vote in the election of a councilman, the tie vote shall be determined by lot by the canvassing board of the City of Paola, Kansas, at its regular canvassing meeting following the annual City election.

SECTION 5. All vacancies occurring in the office of City Councilmen for the City of Paola, Kansas, whether such vacancies occur by reason of the removal of a councilman from his ward or by his death, resignation, the failure of a councilman to qualify for office, or the disqualification of a councilman for the holding of such office shall be filled by an election held among the remaining members of the city council of said city, and such election must be held at the next regular meeting of the governing body of said city or at a special meeting called therefor for the purpose of filling such vacancy or at an adjournment or continuance of such regular or special meeting and any successor in office elected by the governing body to fill such vacancy must be elected by a majority of the remaining councilmen of said city, and should the remaining councilmen of said city fail to elect a successor in office for the vacancy in office of councilmen after being polled three (3) times by the Mayor, or in his absence, the President of the Council of said city, then and in that event, the Mayor, or in his absence, the President of the Council, of said city, shall appoint a qualified person from the ward in which said vacancy exists to fill such unexpired term, and in the event that any person so elected by the remaining members of the council or appointed by the Mayor or President of the Council in the manner aforesaid, should refuse, fail or neglect to qualify for such office by taking or subscribing to his oath for a period of ten (10) days following such election or appointment, as the case may be, then and in that event, the Mayor of said city shall forthwith appoint another qualified person to fill such vacancy.

SECTION 6. That forthwith, upon the election or appointment of a councilman to fill the vacancy as hereinbefore described in Section 5 of this ordinance, the City Clerk of said city shall forthwith issue a notice to such person appointed or elected to fill such vacancy, and such notice shall be mailed by the City Clerk to the residence of such person within the City of Paola, Kansas.

SECTION 7. That nothing herein shall be construed as rendering invalid any act of the governing body of said city, or during the period of time between the appointment or election of a councilman to fill an unexpired term and prior to his qualification by his taking and subscribing the oath within the time hereinabove specified.

SECTION 8. That nothing herein shall be construed as extending the term of any councilman elected or appointed in the manner aforesaid to the unexpired term for which he was appointed or elected.

SECTION 9. All councilmen elected or appointed under the provisions of this ordinance shall take and subscribe an oath for the faithful performance of their duties within ten (10) days after such appointment or election.

SECTION 10. That upon the effective date of this Charter Ordinance, Charter Ordinance No. 3 and Section 1-1001, Code of the City of Paola, Kansas, 1968 are hereby repealed.

(01-11-1972; Repealed by C.O. No. 6)