A CHARTER ORDINANCE EXEMPTING THE CITY OF BENNINGTON, KANSAS FROM THE PROVISIONS OF K.S.A. 15-201 AND 15-204, RELATING TO THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, AND THE FILLING OF GOVERNING BODY VACANCIES; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NO. 1; AMENDING BENNINGTON CITY CODE SECTIONS 1-101, 1-102, 1-107, AND 1-301; AND REPEALING EXISTING SECTIONS 1-101, 1-102, 1-107, AND 1-301.
WHEREAS, on January 6, 1976, the governing body of the City of Bennington, Kansas (“City”) adopted Charter Ordinance No. 1, exempting the City from the provisions of K.S.A. 15-201, and providing substitute and additional provisions on the same subject, relating to the election of council members and the mayor, their terms of office, and the filling of vacancies;
WHEREAS, the 2015 Kansas Legislature passed L. 2015, ch. 88 (H.B. 2104) (referred to in this charter ordinance as the “Act”), which moved city governing body elections from the spring of odd-numbered years to the fall of odd-numbered years, which is in conflict with Charter Ordinance No. 1, and imposed certain related requirements on cities relating to elections.
BE IT ORDAINED by the Governing Body ofBem1ington, Kansas:
Section 1. Election to Exempt. The City of Bennington, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A. 15-201 and 15-204, which apply to the City, but are parts of an enactments that do not apply uniformly to all Kansas cities.
Section 2. City Elections. When Held; Officers Elected. 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 with terms expiring the following January. 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. All elections for members of the governing body shall be nonpartisan.
Section 3. Amendment. Section 1-101 of the Bennington City Code is amended to read as follows:
1-101 CITY ELECTIONS. WHEN HELD; OFFICERS ELECTED. 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 with terms expiring the following January. 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. All elections for members of the governing body shall be non-partisan.
Section 4. Vacancy in Office of Mayor. In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.
Section 5. Amendment. Section 1-102 of the Bennington City Code is amended to read as follows:
1-102 VACANCY IN OFFICE OF MAYOR. In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.
Section 6. Vacancy in Office of Council Member. In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within twenty (20) days after election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. Subject to the provisions of K.S.A. 12-16,128, and amendments thereto the mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.
Section 7. Amendment. Section 1-107 of the Bennington City Code is amended to read as follows:
1-107 VACANCY IN OFFICE OF COUNCIL MEMBER. In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within twenty (20) days after election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the mayor may, with the consent of the remaining council members. appoint a suitable elector to fill the vacancy.
Section 8. Officers; Appointment, Removal. Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the mayor, with the consent of the council, may appoint, at the first regular meeting of the governing body in February of each year, the following city officers: A municipal judge of the municipal court. a clerk, a treasurer, a marshal-chief of police, law enforcement officers and such other officers as deemed necessary. Such officers shall hold an initial term of office of not to exceed one year and until their successors have been appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. The duties and pay of the various officers shall be regulated by ordinance. Any officer may be removed by a majority vote of the total membership elected or appointed to the council and may be suspended at any time by the mayor.
Section 9. Amendment. Section 1-301 of the Bennington City Code is amended to read as follows:
1-301 OFFICERS; APPOINTMENT, REMOVAL. Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the mayor, with the consent of the council, may appoint. at the first regular meeting of the governing body in February of each year, the following city officers: A municipal judge of the municipal court a clerk, a treasurer. a marshal-chief of police, law enforcement officers and such other officers as deemed necessary. Such officers shall hold an initial term of office of not to exceed one year and until their successors have been appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. The duties and pay of the various officers shall be regulated by ordinance. Any officer may be removed by a majority vote of the total membership elected or appointed to the council and may be suspended at any time by the mayor.
Section 10. Repeal. Existing Charter Ordinance No. 1 is hereby repealed, it being the intent of this Charter Ordinance that the provisions hereof be substituted in place thereof. Existing Bennington City Code Sections 1-101, 1-102, 1-107, and 1-301 are repealed.
(01-23-2017)