A CHARTER ORDINANCE OF THE CITY OF WINCHESTER, KANSAS AMENDING CHARTER ORDINANCE NO. 10 TO CLARIFY THE TERM LENGTH OF THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 12, SECTION 5 OF THE CONSTITUTION OF THE STATE OF KANSAS

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

WHEREAS, pursuant to Article 12, Section 5 of the Kansas Constitution, hereinafter referred to as the “Constitution,” cities of the State of Kansas, hereinafter referred to as the “State,” may by charter ordinance elect, in the manner prescribed in the Constitution, that the whole or any part of any enactment of the State legislature applying to such city shall not apply to such city unless such enactment is of statewide concern applicable uniformly to all cities, is otherwise applicable uniformly to all cities or unless such enactment prescribes limits of indebtedness; and

WHEREAS, pursuant to the Constitution, no charter ordinance shall take effect until sixty (60) days after its final publication; provided, however, if within sixty (60) days of its final publication a petition signed by a number of electors of the city equal to not less than ten percent (10%) of the number of electors who voted at the last preceding regular city election shall be filed in the office of the clerk of such city demanding that such ordinance be submitted to a vote of the electors, such charter ordinance shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon; and

WHEREAS, on or about the 11th day of July, 2016, the City of Winchester, pursuant to Charter Ordinance No. 9, exempted itself from the provisions of K.S.A. 15-201 involving the election of officers, their terms of office, transitions to November elections, nominating petitions and the filling of governing body vacancies; and

WHEREAS, a Charter Ordinance can only be amended by subsequent Charter Ordinance; and

WHEREAS, the governing body of the City now wishes to amend the language of Charter Ordinance No. 9 which incorrectly established that the Mayor and Council would have two year terms when in fact the correct term length is four year terms and such action may be accomplished only upon the adoption of a Charter Ordinance.

NOW THEREFORE, BE IT ORDERED BY THE GOVERNING BODY OF THE CITY OF WINCHESTER, KANSAS THAT:

Section 1. The Governing Body of the City of Winchester, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby amends Charter Ordinance No 9 as follows:

Section 2. Section 4 of Charter Ordinance No. 9 of the City of Winchester, Kansas is hereby amended as follows:

Section 4. General elections shall take place on the Tuesday succeeding the first Monday in November 2017. Succeeding elections will be held every two years for all such governing body positions whose terms have expired. A mayor and two council members shall be elected at one election, and the remaining three council members shall be elected at the succeeding election. The mayor and all council members shall have four year terms.

(03-13-2017)