CHARTER ORDINANCE NO. 43

A CHARTER ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A 2015 SUPP. 12-104a, AND AMENDMENTS THERETO, PERTAINING TO VACANCIES ON THE GOVERNING BODY, AND PROVIDING SUBSTITUE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

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

SECTION 1. Pursuant to Section 5(c)(2) of Article 12 of the Constitution of the State of Kansas, the City hereby elects to exempt itself from, and to make inapplicable to it, K.S.A. 2015 Supp. 12-104a, and amendments thereto, pertaining to vacancies on the governing body, which applies to the City, but is part of an enactment that does not apply uniformly to all cities.

SECTION 2. When an office of Commissioner becomes vacant, the Governing Body shall appoint – as soon as practicable -- by a majority vote of the remaining Commissioners, a person, who shall meet all qualifications for Commissioner established at Chapter 1, Article 2 of the City Code, as amended, to fill the vacant office. The Governing Body shall have the discretion to choose the method for selecting a person to fill the vacant office. The person appointed to fill a vacant office shall, upon taking the oath of office, assume the term of office of the Commissioner that vacated the office.

SECTION 3. This Charter Ordinance shall be published once each week for two consecutive weeks as provided by law.

SECTION 4. This Charter Ordinance shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held as provided in Section 5(c)(3) of Article 12 of the Constitution of the State of Kansas, in which case the Charter Ordinance shall only be effective if approved by a majority of the qualified electors voting thereon.

SECTION 5. Upon this Charter Ordinance becoming effective, the City Clerk shall record the Charter Ordinance, with a statement describing the manner of passage, in the City Ordinance book and shall forward to the Kansas Secretary of State a certified copy of this Charter Ordinance.

PASSED by the Governing Body of the City of Lawrence, Kansas, with not less than two-thirds of the members of the Governing Body voting in favor thereof, this ____ day of May, 2016.

APPROVED:

___________________________________

Mike Amyx

Mayor

ATTEST:

__________________________________

Brandon McGuire

Acting City Clerk

APPROVED AS TO FORM:                   

__________________________________

Toni R. Wheeler

City Attorney

*****

NOTICE TO PUBLISHER

Publish once each week for two consecutive weeks and return one Proof of Publication to the City Clerk and to the City Attorney.