A CHARTER ORDINANCE REPEALING AND AMENDING SECTION 2 OF CHARTER ORDINANCE NO. 1 AS PASSED AND ADOPTED ON THE 14TH DAY OF NOVEMBER, 1964, AND EXEMPTING SAID CITY FROM THE EFFECT OF K.S.A. 15-201, AS AMENDED, AND PROVIDING FOR THE STAGGERING OF TERMS FOR CITY COUNCILMEN AND FOR THE ELECTION OF A MAYOR AND FOR THE FILLING OF VACANCIES IN THE OFFICE OF MAYOR AND CITY COUNCILMEN PROVIDING FOR CERTIFICATES OF ELECTION.

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

Section 1. That Section 2 of Charter Ordinance No. 1 as passed and adopted on the 14th day of November, 1964, is hereby repealed.

Section 2. That the said city of Andover, Kansas, by 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 makes inapplicable to it K.S.A. 15-201, as amended, and provide substitute and additional provisions on the same subject.

Section 3. That a regular city election shall be held on the first Tuesday in April of each odd numbered year. On the first Tuesday in April, 1979, an election shall be held for a Mayor and five (5) Councilmen. The Mayor then elected shall hold office for four (4) years, and until his successor is elected and qualified, and thereafter an election shall be held for Mayor every four (4) years. At the said regular election held on the first Tuesday in April, 1979, three (3) Councilmen shall be elected to hold office for a term of two (2) years, and two (2) Councilmen shall be elected to hold office for a term of four (4) years. At the said election in 1979; the candidates for Councilmen receiving the highest and the second highest number of votes shall be elected for four (4) years, and the candidates for Councilmen receiving the third, fourth and fifth highest number of votes shall be elected for two (2) years, and thereafter, commencing with the regular election held in April, 1981, three (3) Councilmen shall be elected for a term of four (4) years and in the regular election held in April, 1983, two (2) Councilmen shall be elected for a term of four (4) years, and each two years thereafter such Councilmen shall be elected to fill the expiring terms of Councilmen for a term of four (4) years. The terms of such officers shall begin at the first regular meeting of the Governing Body following their election in April and they shall qualify by subscribing to the proper oaths at any time before or at the beginning of said meeting. If any person so elected to the office of Mayor or Councilman does not qualify within the required time, he shall be determined to have refused to accept the office and a vacancy shall exist, and thereupon the Mayor shall, with the consent of a majority of the remaining Councilmen, appoint a suitable elector of the city to fill the vacancy for the term to which the refusing candidate was elected. In case of a vacancy in the office of Councilman 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 Councilmen, shall appoint some suitable elector of the City to fill the vacancy until the next election for that office. In case of a vacancy in the office of Mayor occurring by reason of resignation, death, removal from office or from the City, the President of the Council shall become Mayor until the next regular election for that office, and a vacancy shall occur in the office of the Councilman becoming Mayor.

(10-10-1977; Repealed by C.O. No. 23)