City of Lorraine Charter Ordinance # 252 for Elections

(First Published in the Ellsworth County Independent/
Reporter, June 13, 2019)

CHARTER ORDINANCE NO. 252

A CHARTER ORDINANCE RELATING TO THE ELECTION OF THE MAYOR AND CITY COUNCIL, AND REPLACING CHARTER ORDINANCE NUMBER 245, AND
INCORPORATING CHARTER ORDINANCE NUMBER 246 AND CHARTER ORDINANCE NUMBER 248.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LORRAINE, KANSAS:
WHEREAS, the legislature of the State of Kansas, in HB 2104, effective July 1, 2015, changed the dates of elections for members of the governing bodies of Cities in the State of Kansas, and by reason of such changes, it is necessary to modify the election cycles for the Mayor and for members of the City Council of the City of Lorraine.
SECTION 1. Pursuant to the provisions of HB 2104, on and after January 1, 2017, all general elections for members of the governing body and other elected officials of the City of Lorraine, shall be held on the Tuesday following the first Monday of November 2017 and in odd-numbered years on such date thereafter. All elections for the City of Lorraine shall be nonpartisan.
SECTION 2.  (a)  The Governing body of the City of Lorraine, Kansas, shall be comprised of a Mayor and five council members, to be elected pursuant to the following schedule.
       (b)  The position of Mayor shall be filled by the municipal election to be held on the Tuesday succeeding the first Monday in November of 2019, to serve a four year term. At each succeeding election thereafter, the Mayor shall be elected to serve a four year term. The term of the Mayor elected on the first Tuesday of April of 2015, shall be extended until the third Tuesday in December of 2019, when the newly elected Mayor shall take office.
       (c)  For the positions of council members elected in April of 2013 for a four year term (two council member positions), such positions shall be filled by the next municipal election to be held on the Tuesday succeeding the first Monday in November of 2017. At each succeeding election thereafter, such council member positions shall be elected to serve a four year term. The term of those council members elected on the first Tuesday of April of 2013, to serve a four year term, shall be extended until the third Tuesday in January of 2018, when the newly elected council members shall take office. At each succeeding election thereafter, such newly elected council members shall take office on the third Tuesday in December.
      (d)  For the positions of council members elected in April of 2015 (three council member positions), such positions shall be filled by the municipal election to be held on the Tuesday succeeding the first Monday in November of 2019. At each succeeding election thereafter, such council member positions shall be elected to serve a four year term. The term of those council members elected on the first Tuesday of April of 2015, to serve a four year term, shall be extended until the third Tuesday in December of 2019, when the newly elected council members shall take office. The term of those council members elected on the first Tuesday of April of 2015, to serve a two year term, shall be extended until the third Tuesday in December of 2019, when the newly elected council members shall take office.
SECTION 3.  The City of Lorraine, Kansas, by virtue of the power vested in it by Article 12,
Section 5 of the Constitution of the State of Kansas, hereby elects and does exempt itself and
make inapplicable to it L. 2015, Chapter 88, Section 71, relating to the filling of governing body vacancies, which enactment applies to this city, but does not apply uniformly to all cities. If a vacancy in the council occurs by reason of resignation, death, assumption of the duties of the Mayor, removal from office or moving from the City, the Mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy for the unexpired term of that council position. In the event any person elected as a council member neglects or refuses to qualify within 30 days after the election, the Council member shall be deemed to have refused to accept the office and a vacancy shall exist. The Mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy for the unexpired term of that council position.
SECTION 4.  In case of a vacancy in the office of mayor, the President of the Council shall be the acting mayor until the next regular election for the office of the Mayor. The vacancy at the office of the council member acting as Mayor shall be filled as before set out for a council vacancy.
SECTION 5. At such time as this Charter Ordinance becomes effective as set forth herein, then Charter Ordinance No. 209 is hereby repealed. Additionally, those positions of Charter Ordinance No. 245 and any other Ordinances which are in conflict with the provisions of this Charter Ordinance, are hereby repealed.
SECTION 6.  This Charter Ordinance shall be published once each week for two (2) consecutive weeks in the official city newspaper, the Ellsworth County Independent Reporter.
SECTION 7.  This Charter Ordinance shall take effect sixty-one (61) days after final publication unless a sufficient petition for referendum is filed, requiring a referendum to be held on the Charter Ordinance as provided in Article XII, Section 5, Subdivision (c)(3), of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective upon approval by a majority of the electors voting thereon.
PASSED BY THE GOVERNING BODY, NOT LESS THAN TWO-THIRDS OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF, ON THE 21ST  DAY OF MAY, 2019.

Dennis Boyer, Mayor

ATTEST:

Michael Boyer, City Clerk

2t 6/20