A CHARTER ORDINANCE EXEMPTING THE CITY OF BELOIT, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-104a, 14-103, 14-201, 14-204 and 25-2110a RELATING TO THE TRANSITION TO A MAYOR-COUNCIL-MANAGER FORM OF GOVERNMENT, TRANSITIONS TO NOVEMBER ELECTIONS, ELECTIONS OF CITY OFFICERS, FILLING OF GOVERNING BODY VACANCIES, NOMINATION PETITIONS, AND THE APPOINTMENT OF APPOINTIVE OFFICERS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS, AND REPEALING CHARTER ORDINANCES 2, 7, 10, 12, AND 14 AND AMENDING SECTION 2 OF CHARTER ORDINANCE 1.
Whereas, the question of adopting the mayor-council-manager form of government, with a mayor elected at-large, six council members -three elected from each of two wards, and a city manager appointed by the council was submitted and approved by the electorate of the City of Beloit, Kansas as required by K.S.A. 12-1039; and
Whereas, the Governing Body believes it to be in the best interest of the City of Beloit, Kansas, to exempt itself from K.S.A. 12-104a, 14-103, 14-201, 14-204 and 25-2110a.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BELOIT, KANSAS:
Section 1: [REPEALED BY
CHARTER ORDINANCE NO. 20] The City of Beloit, Kansas, a
mayor-council-manager city of the second class, by virtue of the power vested
in it by Article 12, Section 5 of the Constitution of the State of Kansas,
hereby elects to and does exempt itself and make inapplicable to it Sections
12-104a, 14-103, 14-201, 14-204, and 25-2110a of the Kansas Statutes Annotated,
as amended, which apply to this City but are parts of enactments which do not
apply uniformly to all cities.
Section 2: [REVISED BY
CHARTER ORDINANCE NO. 20] The governing body shall consist of a mayor and
six council members to be elected to terms as set forth herein. The mayor and
council members shall be residents and qualified electors of the City of
Beloit, Kansas. The governing body may, by ordinance, divide the city into
wards, establish the boundaries thereof, and number the same.
Section 3: [REPEALED BY
CHARTER ORDINANCE NO. 20] Each ward of the city shall have three council
members, who shall be chosen by the qualified electors of their respective
wards. No person shall be eligible for the office of council member who is not
at the time of election an actual resident of the ward from which elected. If
any council member moves from the ward from which elected, the office shall be
deemed vacant.
Section 4: [REVISED BY
CHARTER ORDINANCE NO. 18] The terms of those city officers elected in the
April 2016 election shall expire on the second Monday in January of 2020, when
the city officers elected in the November 2019 general election take office.
Those city officers with terms expiring in April 2018 shall expire on the
second Monday in January of 2018, when the city officers elected in the
November 2017 general election take office.
Section 5: [REVISED BY
CHARTER ORDINANCE NO. 20] A general election of city officers shall take
place on the Tuesday succeeding the first Monday in November 2017 at which time
two council members, one from each ward, shall be elected. A general election
of city officers shall take place on the Tuesday succeeding the first Monday in
November 2019 at which time four council members, two from each ward, shall be
elected. The council members shall have four year terms. One council member
from each ward shall be elected at one election, and the other two council
members from that ward shall be elected at the succeeding election. Succeeding
elections will be held every two years for all such governing body positions
whose terms have expired. The Mayor shall have a four year term.
Section 6: 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.
Section 7: [REVISED BY
CHARTER ORDINANCE NO. 20] No council member may be elected for more than two
consecutive terms in any one position. Nothing herein shall prevent a council
member, if eligible, from serving in another ward or as Mayor. Nothing herein
shall prevent the Mayor from serving as a council member after being out of
office as Mayor for one term. There shall be no term limit for the Mayor.
Section 8: All elections for the City of Beloit, Kansas shall be nonpartisan.
Section 9: [REVISED BY
CHARTER ORDINANCE NO. 20] In accordance with K.S.A. 25-205 and 25-2110, and
amendments thereto, any person may become a candidate for mayor by having had
filed on their behalf, a nomination petition or a declaration of candidacy,
accompanied by any fee required by law. The nomination petition must be signed
by 25 of the qualified electors of the City of Beloit, Kansas.
Section 10: [REPEALED
BY CHARTER ORDINANCE NO. 20] Any person desiring to become a candidate for
council member shall file with the city clerk before the filing deadline a
nomination petition or statement of such candidacy on a form furnished by the
county election officer as specified by the secretary of state. The city clerk
shall record the same and transmit it, together with the petition herein
provided, within three business days to the county election officer. The
nomination petition or statement of candidacy must be signed by 25 of the
qualified electors of the potential candidate’s ward. Within three days from
the date of the filing of a nomination petition or statement of candidacy, the
county election officer shall determine the validity of such petition or
declaration. If a nomination petition or declaration is found to be invalid,
the county election officer shall notify the candidate on whose behalf the
petition or declaration was filed that such nomination petition or declaration
has been found to be invalid and the reason for the finding. Such candidate may
make objection to the finding of invalidity by the county election officer in
accordance with K.S.A. 25-308, and amendments thereto.
Section 11: [REVISED BY
CHARTER ORDINANCE NO. 20] After each election, when the new council members
take office in January, the council shall elect from its membership a president
of the council. The president of the council shall preside in the absence of
the mayor. 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 until the next
regular city election and the vacancy created in the office of the council
member becoming mayor shall be filled by the governing body of the city.
Thereupon the council shall elect from its membership a new president of the
council.
Section 12: The mayor shall appoint, by and with the consent of the council, a municipal judge and city attorney and may appoint such other appointive officers as they deem necessary. Officers so appointed and confirmed shall hold their offices for a term of one (1) year and until their successors are appointed and qualified. The council may retain a licensed professional engineer to act in the capacity of engineer for specifically defined duties.
Section 13: The Governing Body shall select and by majority vote appoint a City Manager to perform the duties and exercise the authority of such position as set forth in the charter ordinances and ordinances of the City and the laws of the state of Kansas. The City Manager shall be an employee at will and his/her compensation, benefits, and other terms and conditions of employment shall be established pursuant to written contract. The duties of the City Manager shall be specified by ordinance. The City Manager shall, consistent with the terms of such contract and ordinances, serve at the pleasure of the Governing Body. The City Manager shall be a qualified elector of the City of Beloit, Kansas.
Section 14: Section 2 of Charter Ordinance 1 is hereby amended to read as follows:
Section 2. The mayor and council members of the City of Beloit, Kansas, shall each receive a monthly stipend for their services to the City of Beloit, Kansas. The amount of monthly stipend shall be established by ordinary ordinance.
Section 15: Charter Ordinances 2, 7, 10, 12, and 14 are hereby repealed.
(02-07-2017; Revised by C.O. Nos. 17, 18 and 20)