A CHARTER ORDINANCE EXEMPTING THE CITY OF ANTHONY, KANSAS, FROM K.S.A. 14-1204, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT, PROVIDING FOR THE ELECTION OF FIVE COMMISSIONERS, TIE VOTE, THEIR TERMS OF OFFICE QUALIFYING, FAILURE TO QUALIFY OR ACCEPT OFFICE, FILLING VACANCIES, PROVIDING FOR CERTIFICATES OF ELECTION, PROVIDING FOR PRIMARY ELECTION WHEN REQUIRED, AND PROVIDING FURTHER FOR THE INTERNAL ORGANIZATION OF THE COMMISSION, AMENDING SECTION #1, SECTION #3, SECTION #4, AND SECTION #5 OF CHARTER ORDINANCE #3.

Section 2. The governing body of the City of Anthony, Kansas, shall be enlarged from three commissioners to five commissioners, effective and for purpose of election in the year 1973, and ensuing years as otherwise changed. Said governing body of five commissioners shall become effective as soon after May 1, 1973, as five commissioners shall become elected and qualified.

Section 3. A regular city election shall be held on the first Tuesday in April, 1973, and on the 1st Tuesday of April of each odd-numbered year thereafter. On the first Tuesday in April, 1973, an election shall be held for three commissioners, the two candidates receiving the highest vote total to serve four year terms and the candidate receiving the third highest vote total to serve for a term of two years. In addition, the term of the commissioner whose term expires in 1974 is hereby extended for a period of one year. Thereafter, on each odd-numbered year there shall be elected two commissioners to serve for a period of four years and one commissioner to serve for a period of two years, the commissioner receiving the third highest total vote in said election to receive the short term of two years and the two candidates receiving the highest number of votes to serve for the four year terms. The election officer shall, within three days after the canvass of the returns and determination by the board of canvassers of the person elected deliver to each such person a certificate of election signed by him with the seal of the election officers, and such certificate shall constitute notice of election. The term of the officers shall begin on the first regular meeting of the commission in April following the first Tuesday in April following their said election on odd-numbered years, and they shall qualify at any time before or at the beginning of said meeting and as otherwise required by statute. If any person elected to the office of commissioner does not qualify within the required time, he shall be deemed to have refused to accept the office and a vacancy shall exist and thereupon the majority of the commission, by voice vote, shall appoint a suitable elector of the city to fill the vacancy for the term to which the refusing person was elected. In case of a vacancy in the office of commissioner 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 commissioners, shall appoint such suitable elector of the city to fill the vacancy until the next election for that office.

Section 4.

(a)   There shall be a primary election of city commissioners on the Tuesday preceding by four weeks the first Tuesday in April of every year the City of Anthony, Harper County, Kansas has a city election, except as otherwise provided in subsection (b) of this section.

(b)   No primary election of city commissioners shall be held unless by holding such primary one or more persons will be eliminated as candidates for office. In the event there are not more than two candidates for any one office, the names of the candidates for such office shall not appear on the primary election ballots, and there shall be no primary election for such office, but the names of such candidates shall be placed on the general city election ballot.

Section 5. After qualification of the new commissioners at the first regular meeting in April following the first Tuesday of April of said election year of a city election where members of the said commission are elected, a mayor shall be selected on the first regular meeting following the first Tuesday in April every two years on, from and after the first so scheduled meeting in April, 1977. The mayor so selected shall serve as such for two years. The mayor shall prior to the termination of the meeting of his selection designate and appoint the other members of the commission to the following offices:

A.        a commissioner of finance;

B.         a commissioner of utilities;

C.         a commissioner of road and streets;

D.        a commissioner for the police and fire departments and the parks. The commissioners so appointed shall serve until their successors are qualified and elected as shall the mayor.

(11-24-1976; Repealed by C.O. No. 20; Amended by C.O. No. 23)