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Legislation #: 060508 Introduction Date: 5/4/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SKAGGS
Title: Calling for submission to the voters of Kansas City, at a special election to be held on August 8, 2006, a question amending the Charter of Kansas City to provide for a vote by the Mayor to fill a vacancy in the office of Council member only in the event of a tie; directing the City Clerk to notify the responsible election authorities of the election on or after May 26, 2006, but not later than May 30, 2006; and recognizing this ordinance to be an emergency measure.

Legislation History
DateMinutesDescription
5/3/2006 Filed by the Clerk's office
5/4/2006 Referred to Finance and Audit Committee
5/10/2006 Advance and Do Pass, Debate
5/11/2006 Councilmember Eddy Move To Re-refer
5/11/2006 Re-Referred Finance and Audit Committee
5/17/2006 Advance and Do Pass, Debate
5/18/2006 Passed

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ORDINANCE NO. 060508

 

Calling for submission to the voters of Kansas City, at a special election to be held on August 8, 2006, a question amending the Charter of Kansas City to provide for a vote by the Mayor to fill a vacancy in the office of Council member only in the event of a tie; directing the City Clerk to notify the responsible election authorities of the election on or after May 26, 2006, but not later than May 30, 2006; and recognizing this ordinance to be an emergency measure.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That an election is called on August 8, 2006, for the purpose of submitting to the voters of Kansas City an amendment to the City Charter.

 

Section 2. NOTICE TO ELECTION AUTHORITIES BY CITY CLERK. That following passage of this ordinance the City Clerk shall deliver certified copies of this ordinance and notice of election to the Clerk of Cass County, Board of Election Commissioners of Clay County, Board of Election Commissioners of Kansas City, and Board of Election Commissioners of Platte County, on or after May 26, 2006, but not later than May 30, 2006, which shall be the authority of each election authority of the City to submit the amendment to the electors of Kansas City and to give public notice as provided by law.

 

Section 3. NOTICE OF ELECTION. The notice of election shall read as follows:

 

==================================================

 

NOTICE OF ELECTION

 

KANSAS CITY, MISSOURI

 

Notice is hereby given that the City of Kansas City has called a special election to be held on Tuesday, August 8, 2006, between the hours of 6:00 a.m. and 7:00 p.m., at which election all qualified voters residing within Kansas City, Missouri will be given the opportunity to vote.

 

The official ballot will be in substantially the following form:

 


OFFICIAL BALLOT

CITY OF KANSAS CITY

 

SPECIAL ELECTION, AUGUST 8, 2006

 

QUESTION NO. _____

(Fill Council Vacancies)

 

Should the Charter of Kansas City be amended by authorizing the Mayor to vote for a candidate to fill a vacancy on the Council only in the event of a tie?

 

_____ Yes

_____ No

 

(Instructions to voters will be supplied by the election authorities.)

 

A full and complete copy of Ordinance No. 060___ (as it may be amended) submitting the above amendment to the electorate is on file in the office of the City Clerk of Kansas City, Missouri where the same is open for inspection and copying.

 

The polling places for the election will be (INSERT LIST OF POLLING PLACES IN LAST PUBLICATION ONLY)

 

==================================================

 

I hereby certify that the foregoing is the legal notice to be published pursuant to Section 115.127, RSMo, as amended.

 

Given under my hand and the official seal of the Kansas City, Missouri, this _____ day of May, 2006.

 

 

(SEAL) _____________________________

MILLIE CROSSLAND

City Clerk of Kansas City, Missouri

 

Before me, a notary public, personally appeared Millie Crossland, to me known to be the City Clerk of Kansas City, Missouri, and the person who acknowledged to me that she executed the same for the purposes therein stated.

 

 

__________________________________

Notary Public

 

My Commission Expires:____________________________


Section 4. AMENDMENTS TO BECOME THE CHARTER OF THE CITY OF KANSAS CITY FILLING VACANCIES. If a majority of the voters favor the question for providing for filling vacancies on the Council, then the amendment to the Charter of the City of Kansas City shall become effective September 1, 2006, which amendment shall read as follows:

 

BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:

 

That the Charter of the City of Kansas City is amended by repealing Section 208 of the Charter proposed by Committee Substitute for Ordinance 050953 (as it may be amended) if it is adopted by the people, and enacting a new Section 208 to read as follows:

 

Sec. 208. Vacancy.

 

(a) First thirty months. Any vacancy in the office of a member of the Council, including the office of Mayor, occurring before the beginning of the thirty-first month of a term shall be filled by a special election to be called by the Council. Nominations and the election shall be as provided in this Charter, except that there shall not be a primary election and a candidate receiving a majority of the votes cast shall be declared elected for the balance of the term. If no candidate receives a majority of the votes cast, then the Council shall call a special runoff election of the two candidates who receive the highest number of votes in the special election.

 

(b)               Final eighteen months.

 

(1)               Mayor. Any vacancy in the office of Mayor occurring after the end of the thirtieth month of a term shall be filled for the unexpired term by the Mayor pro tem.

 

(2)               Council member. Any vacancy in the office of a member of the Council occurring after the end of the thirtieth month of a term shall be filled for the unexpired term by appointment of the Council. The Mayor shall be permitted to vote only in the event of a tie vote of the remaining members of the Council.

 

(c) Vacancy caused by recall. Any vacancy resulting from a recall election or from the resignation of the Council member or Mayor after the filing of an affidavit for the Council members or Mayors recall, when followed within thirty days next thereafter by the filing of a petition for the Council members or Mayors recall, or from the resignation of the Council member or the Mayor following the filing of a petition for the Council members or Mayors recall, shall be filled as provided in Article VII of this Charter.

 

Alternatively, if the amendments proposed by Committee Substitute for Ordinance 050953 (as it may be amended) are not adopted by the people, but if a majority of the voters favor the question on filling Council vacancies, then Section 6.3 of the Charter of Kansas City shall be repealed and a new Section 6.3 enacted to read as follows.

 

Sec. 6.3. Vacancy.

 

Any vacancy occurring in the council, including the office of mayor, which shall occur before the tenth day of October of the third year during any term shall be filled by a special election to be called by the council. Nominations and the election shall be as provided in article XVI of the City Charter except that there shall not be a primary election and a candidate receiving a majority of the votes cast shall be declared elected for the balance of said term. If no candidate receives a majority of the votes cast, then the council shall call a special runoff election of the two (2) candidates who shall have received the highest number of votes in such special election.

 

Any vacancy occurring in the council, including the office of mayor, which shall occur on or after the tenth day of October of the third year during any term, except a vacancy resulting from a recall election or from the resignation of a member after the filing of an affidavit for his recall, when followed within thirty (30) days next thereafter by the filing of a petition for his recall, or from the resignation of a member following the filing of a petition for his recall, shall be filled for the unexpired term by a majority vote of the remaining members. The Mayor shall be permitted to vote only in the event of a tie vote of the remaining members of the Council. Should the vacancy to be filled be in the office of Mayor, the Mayor Pro Tem shall be permitted to vote only in the event of a tie vote of the remaining members of the Council.

 

A member chosen to fill a vacancy, except in the office of mayor, must reside in the district in which the vacancy occurs.

 

Section 5. EMERGENCY RECOGNIZED. This ordinance, providing for the submission of Charter amendments to the people of Kansas City, Missouri, is hereby recognized to be an emergency measure within the meaning of Section 15, Article II, of the Charter, and as such shall become effective immediately upon its passage.

____________________________________________________

 

Approved as to form and legality:

 

 

____________________________________

William Geary

Assistant City Attorney