HomeMy Public PortalAboutCharter Ord 17 Elections- Repealing Charter Ordinance 3 Charter Ordinance 7 and Charter Ordinance 16(First published in The Ark valley News on January 21,2016and again on January 2g,
20r6])
CHARTER ORDINANCE NO. 17
A CHARTER ORDINANCE EXEMPTING THE CITY OF BEL AIRE,KANSAS, FROM ALL PROVISIONS OF K.S.A. 14-103, 14-204, 14-308, AND L.2ors, cH. gg, sEC. 7l (codified at r2-104a), pRovIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS FOR THE SAME,AND REPEALING CHARTER ORDINANCE 3, CHARTERORDINANCE 7 , AND CHARTER ORDINANCE 16.
Be it ordained by the Governing Body of the city of Bel Aire, Kansas,
Section l. Exemption.
Pursuant to the power vested in it by Article 12, section 5, of the constitution of the stateof Kansas, the City of Bel Aire, Kansas does hereby elect to exempt itself from and makeinapplicable to this city all portions of the following statutes which are Acts of thenon-uniform in application: K.S.A. 14_103, regardingK.S.A. 14-204, regarding selecting councilmembeis fromted with vacancy in the office of Mayor; K.S.A. l4_30g,
legar_ding vacancy in ^th9 office of Mayor or council; and L. zOis, ctr. gg, Sec. 7l(codified at K'S'A- l2,104a), regarding vacancies in the office of a member of theGoverning Body. Additionally, this charter ordinance serves to repeal all previouscharter ordinances legislating upon these matters, which are charter brdinances,3,7,and 16, and to adopt the following substitute provisions:
There are hereby established five council member positions, which shall be elected atlarge from the City of Bel Aire, Kansas. Two councii member positions shall be filled byelection on the first Tuesday in April in 1999. The remaining three council memberpositions shall be filled by election on th( first Tuesday in April of 2001. Councilpersons four (4) year terrns. The term oi ttre Mayor shall be fortwo (2) uary l, 2017, all general elections for members of theGoverni the Tuesday ,u.".l"ding the first Monday in November.Persons elected to serve as a member of the GoverniniBody in an April election heldprior to January l,2ol7, whose term of office was to""^pi." in 2017, shall continue toserve until the second Monday in January, 2018, and those whose term *u, to "*pi." in2019, shall continue to serve until the second Monday in Januaty,2020.
Section 2.
Section 3.
The members of the Bel Aire
been elected and qualified as
City Council shall hold
provided for above.
office until their successors haveIf a vacancy occurs on the Citv
Council by death, resignation, removal
qualify, or otherwise, the vacancv shall
of the City inl
from the city, removal from office, refusal to
be filled by appointment of the Governing Body
the
includes a position for an unexpired term
tv election. In any November election thaiof a council position, the top vote recipientswill fill the open full term positions, and
position with the unexpired term.
the next highest vote recipient will fill the
Section 4. wards in the city and president of the councii.
The City hereby elects to make inapplicable to it, and does exempt itself, from theprovisions of K.S.A. 14-103, and those portions of K.S.A. l4-z}4,requiring the creationof wards and the election of two council members from each ward foi twolear terms atthe City election.
Council shall elect from its membership a President of the Council, in February of eachyear' The President of the Council shall exercise the duties of the office of the Mayorwhen th shall retain the rights and obligationsof a cou ce of the Mayor b! death, resignation,removal
orthe c ,"."" l:,1uf,1iry;#::::il':?:n:l:THlolflce. A vacancy will be created in the office of the council -"-b", becoming Mayor,which shall be filled in the same manner as any other council position vacancy. Thecouncil shall elect from its membership a new president of the council.
Section 5. Saving Clause.
If any phrase, clause, paragraph or section of this Charter Ordinance is declaredunconstitutional or invalid by any court of competent jurisdiction, it is hereby declaredthat the Governing Body would have enacted the remaining portions of this Charterordinance without such phrase, clause, paragraph or section so held unconstitutional orlnvalld.
Section 6. Effective Date.
This charter ordinance shall be published once each week for two consecutive weeks inthe official city newspaper, and shall take effect sixty-one days after its final publication,tion for a referendum is filed in conformance with Articre 12,titution of the State of Kansas. If a referendum is held, thiseffective on the day after approved by a majority of the electors
. ^,h , Passed by two-thirds vote of the members elect of the Bel Aire City Council thisl9tn day of January, 2016.
Approved by the Mayor this lgth day of January,20l6.
MAYOR DAVID AUSTIN
ATTEST:
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