A CHARTER ORDINANCE EXEMPTING THE CITY OF BELOIT, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-103, 14-201, AND 14-204 RELATING TO THE ELECTIONS OF CITY OFFICERS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS, AMENDING AND RESTATING CERTAIN SECTIONS OF CHARTER ORDINANCE NO. 15, REPEALING CERTAIN PROVISIONS IN CHARTER ORDINANCE 15, AND REPEALING CERTAIN CITY CODE SECTIONS.

Whereas, the question of transitioning to a five-member council, plus a mayor, with all members of the council elected at-large was submitted and approved by the electorate of the City of Beloit, Kansas at the November 2020 general election; 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. 14-103, 14-201, and 14-204.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BELOIT, KANSAS:

Section 1: 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 14-103, 14-201, and 14-204, 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.

That portion of Section 1 of Charter Ordinance 15 which exempts the city from K.S.A. 25- 2110a is hereby repealed as it is no longer applicable to the City of Beloit.

Section 2: Section 2 of Charter Ordinance 15 is hereby amended and restated as follows:

       The governing body shall consist of a mayor and five council members to be elected at large, to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Beloit, Kansas.

Section 3: Section 3 of Charter Ordinance 15 is hereby repealed. Ordinance 2203 and Sections 5-101, 5-102, and 5-103 of the Beloit City Code are hereby repealed.

Section 4: Section 4 of Charter Ordinance 15 as amended by Section 1 of Charter Ordinance 18 concerning when city officers take office remains unchanged.

Section 5: Section 5 of Charter Ordinance 15 is hereby amended and restated as follows:

       A general election of city officers shall take place on the Tuesday succeeding the first Monday in November 2021 at which time two council members shall be elected at-large with the candidates receiving the largest and second largest number of votes being elected. A general election of city officers shall take place on the Tuesday succeeding the first Monday in November 2023 at which time a mayor and three council members shall be elected at-large with the council candidates receiving the largest, second largest, and third largest number of votes being elected and the mayoral candidate with the largest number of votes being elected. Succeeding elections will be held every two years for all such governing body positions whose terms have expired. The Mayor and all council members shall have four-year terms.

Section 6: Section 6 of Charter Ordinance 15 concerning the filling of vacancies remains unchanged.

Section 7: Section 7 of Charter Ordinance 15 is hereby amended and restated as follows:

       No council member may be elected for more than two consecutive terms in any one position. Nothing herein shall prevent a council member from serving as Mayor after having served as a council member. 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: Section 8 of Charter Ordinance 15 concerning non-partisan elections remains unchanged.

Section 9: Section 9 of Charter Ordinance 15 is hereby amended and restated as follows:

       In accordance with K.S.A. 25-205 and KSA 25-2110, and amendments thereto, any person may become a candidate for city office elected at large 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: Section 10 of Charter Ordinance 15 is hereby repealed.

Section 11: Section 11 of Charter Ordinance 15 is hereby amended and restated as follows:

       After each election, when the new council members take office, 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: Section 5-201 of the Beloit City Code is repetitive of provisions in Charter Ordinance 15 and this Charter Ordinance and is unnecessary. Section 5-201 of the Beloit City Code is hereby repealed.

(01-20-2021)