A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE 17 EXEMPTING THE CITY OF OSAWATOMIE, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-103 AND 14-201 AND K.S.A. 14-204 RELATING TO THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

WHEREAS, the Kansas legislature passed Senate Bill 105 which allows cities to establish the date when newly elected officials take office. The date selected must be between December 1 following the certification of the election and no later than the second Monday in January following the certification of the election.

WHEREAS, by Charter Ordinance 17 the City, among other things as specifically set out in said Charter Ordinance, exempted itself from certain provisions relating to City elections and by said Charter Ordinance provided that the terms of persons elected in 2017 and subsequent elections would complete their terms in January following their election.

WHEREAS, the City desires to Amend Charter Ordinance 17 by adding Section 6, to provide that for all elections of City Officials occurring after 2019, the date that such officials would take office would be as established by Resolution of the Governing Body.

WHEREAS, the City of Osawatomie does again exempt itself from the provisions of Kansas Statutes Annotated Sections 14-103, 14-201 and 14-204 and Amends Charter Ordinance 17 by adding Section 6 which provides that in all city elections subsequent to 2019 persons elected would take office as established by Resolution of the Governing Body

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OSAWATOMIE, KANSAS THAT CHARTER ORDINANCE 17 IS AMENDED AS FOLLOWS:

Section 1. The City of Osawatomie, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of L. 2015 Chapter 88, Section 11 and Sections 14-103 and 14-201 of Kansas Statutes Annotated and further elects to and does exempt itself and make inapplicable to it the provisions  of L. 2015, Chapter 88, Section 71, which laws apply to this city, but are parts of enactments which do not apply uniformly to all cities.

Section 2. The City of Osawatomie, Kansas, continues to operate under the mayor-council-manager form of government and pursuant to all existing ordinances and charter ordinances relating to its form of government. The governing body shall consist of a mayor and eight council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Osawatomie, Kansas.  The governing body of the city may, by ordinance, divide the city into wards and precincts, establish the boundaries thereof, and number the same. No ordinance redefining wards and precincts shall become effective less than 30 days prior to the next regular city election.

Section 3. Those governing body positions with terms that would have expired in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office. Those governing body positions with terms expiring in April 2016, shall expire when the city officials elected in the April 2016 general election take office. Officials elected in the April 2016 election shall take office at the first regular meeting of the governing body following certification of the election by the County election officer and will expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office.

Section 4. A general election shall take place on the first Tuesday in April of 2016 for the purpose of electing positions on the governing body that will expire in April of 2016.  Commencing in November of 2017, general elections shall take place on the Tuesday succeeding the first Monday in November 2017, and on the Tuesday succeeding the first Monday in November of odd numbered years thereafter for all such governing body positions whose terms will expire in January of the following year.  The governing body shall be elected to terms as set forth herein. Two council members shall be elected from each ward.  The mayor shall be elected at large. Council members shall be elected from the ward in which they are a resident.

Section 5. After the election to be held on November of 2017 elections will be held in odd numbered years for all such governing body positions whose terms will expire in January of the following year. Beginning with the election to be held on November of 2017, the mayor and four council members shall be elected at the election to be held in odd numbered years, and the mayor and the remaining four council members shall be elected at the election to be held in November of 2019. One council member from each ward shall be elected at one election, and the other council member from that ward shall be elected at the succeeding election. The council members shall have four-year terms. The mayor shall have a two-year term.

Section 6. That persons elected in City elections subsequent to November 2019 shall take office as set out by resolution duly passed by the Governing Body.

(09-26-2019)