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. 2015, CH. 88, SEC. 71 (codified at 12-104a), PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS FOR THE SAME, AND REPEALING CHARTER ORDINANCE 3, CHARTER ORDINANCE 7, AND CHARTER ORDINANCE 16.
Be it ordained by the Governing Body of the City of Bel Aire, Kansas:
Section 1. Exemption.
Pursuant to the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, the City of Bel Aire, Kansas does hereby elect to exempt itself from and make inapplicable to this City all portions of the following statutes which are Acts of the Kansas Legislature that are non-uniform in application: K.S.A. 14-103, regarding dividing the City into Ward; K.S.A. 14-204, regarding selecting councilmembers from Wards and provisions associated with vacancy in the office of Mayor; K.S.A. 14-308, regarding vacancy in the office of Mayor or Council; and L. 2015, Ch. 88, Sec. 71 (codified at K.S.A. 12-104a), regarding vacancies in the office of a member of the Governing Body. Additionally, this Charter Ordinance serves to repeal all previous Charter Ordinances legislating upon these matters, which are Charter Ordinances, 3, 7, and 16, and to adopt the following substitute provisions:
Section 2. Governing Body Positions and Term of Office Established:
[Amended by Charter Ordinance No 20]
Section 3. Existing Council Position and Vacancies.
The members of the Bel Aire City Council shall hold office until their successors have been elected and qualified as provided for above. If a vacancy occurs on the City Council by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the vacancy shall be filled by appointment of the Governing Body of the City within 120 days following the creation of the vacancy. Such appointee shall serve for the period from and after the date of appointment until the next regular November election, and the appointee shall serve until the second Monday in January following such November city election. In any November election that includes a position for an unexpired term of a council position, the top vote recipients will fill the open full term positions, and the next highest vote recipient will fill the position with the unexpired term.
Section 4. Wards in the City and President of the Council.
The City hereby elects to make inapplicable to it, and does exempt itself, from the provisions of K.S.A. 14-103, and those portions of K.S.A. 14-204, requiring the creation of wards and the election of two council members from each ward for two year terms at the City election.
Council shall elect from its membership a President of the Council, in February of each year. The President of the Council shall exercise the duties of the office of the Mayor when the Mayor is temporarily unable to serve but shall retain the rights and obligations of a council member. If a vacancy occurs in the office of the Mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the President of the Council shall become mayor and shall serve until the next regular election for that office. A vacancy will be created in the office of the council member becoming Mayor, which shall be filled in the same manner as any other council position vacancy. The Council 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 declared unconstitutional or invalid by any court of competent jurisdiction, it is hereby declared that the Governing Body would have enacted the remaining portions of this Charter Ordinance without such phrase, clause, paragraph or section so held unconstitutional or invalid.
(01-19-2016; Amended by C.O. No. 20)