A CHARTER ORDINANCE EXEMPTING THE CITY OF CONCORDIA, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-104A RELATING TO FILLING VACANCIES OF THE GOVERNING BODY.

WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the "Act"), provides that cities may exercise certain home rule powers, including passing charter ordinances which exempt such cities from non-uniform enactments of the Kansas Legislature; and

WHEREAS, the City of Concordia, Kansas (the "City") is a city, as defined in the Act, duly created and organized, under the laws of the State of Kansas; and

WHEREAS, K.S.A. 12-104a is part of an enactment of the Kansas Legislature relating to governing bodies of municipalities that is applicable to the City, but is not uniformly applicable to all cities within the State of Kansas; and

WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 12-104a, and to provide substitute and additional provisions therefor by ordinary ordinance.

NOW THEREFORE, BE IT ORDAINED by the governing body of the City of Concordia, Kansas:

SECTION 1. The City of Concordia, by the power vested in the city by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it those parts of K.S.A. 12-104a, relating to the filling of governing body vacancies.

SECTION 2. All vacancies occurring in the officer of city commissioner for the City of Concordia, Kansas, whether such vacancies occur by reason of the removal of a commissioner by death, resignation, the failure of a commissioner to qualify for office, or the disqualification of a commissioner for the holding of such office shall be filled by an election held among the remaining members of the city commission 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 thereto for the purpose of filling such vacancy or at an adjournment or continuance of such regular or special meeting. Any successor in office elected by the governing body to fill such vacancy must be elected by a majority of the remaining commissioners of said city, and should the remaining commission of said city fail to elect a successor in office for the vacancy in office of commissioner within sixty (60) days of the vacancy, the mayor of said city shall appoint a qualified person in which said vacancy exists to fill such expired term. In the event that any person so elected by the remaining members of the city commission or appointed by the mayor in the manner set forth above should refuse, fail or neglect to qualify for such office by taking or subscribing to his oath for a period of thirty (30) days following such election or appointment, then and in that event the mayor said city shall appoint another qualified person to fill such vacancy.

SECTION 3.  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 commissioner to fill an unexpired term and prior to his qualification by his taking and subscribing the oath within the time herein above specified.

SECTION 4.  All city commissioners elected or appointed under the provisions of this ordinance shall take and subscribe to oath for the faithful performance of their duties within thirty (30) days after such appointment or election.

(11-16-2022)