APPENDIX A - CHARTER ORDINANCESAPPENDIX A - CHARTER ORDINANCES\CHARTER ORDINANCE NO. 3

A CHARTER ORDINANCE REPEALING AND AMENDING SECTION 2 OF CHARTER ORDINANCE NO.2 AS PASSED AND ADOPTED ON THE 4TH DAY OF SEPTEMBER, 1961, AND PROVIDING FOR THE STAGGERING OF TERMS FOR CITY COUNCILMEN AND FOR THE ELECTION OF A MAYOR AND THE APPOINTMENT OF A MUNICIPAL JUDGE, AND FOR THE FILLING OF VACANCIES IN THE OFFICE OF MAYOR AND CITY COUNCILMEN, AND PROVIDING FOR CERTIFICATES OF ELECTION.

Section 1. That Section 2 of Charter Ordinance No. 2 as passed and adopted on the 4th day of September, 1961, is hereby repealed.

Section 2. That the said City of Benton, Kansas, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and makes inapplicable to it K.S.A. 15-201, as amended, and K.S.A. 15-210, as amended.

Section 3. That a regular city election shall be held on the first Tuesday in April of each odd numbered year. On the first Tuesday in April, 1971, an election shall be held for a mayor and five councilmen. The mayor then elected shall hold office for four years and until his successor is elected and qualified, and thereafter an election shall be held for mayor every four years. At the said regular election held on the first Tuesday in April, 1971, two councilmen shall be elected to hold office for a term of two years, and three councilmen shall be elected to hold office for a term of four years. At the said election in 1971, the candidates for councilmen receiving the highest, the second highest, and the third highest number of votes, shall be elected for four years, and the candidates for councilmen receiving the fourth and fifth highest number of votes shall be elected for two years, and thereafter, commencing with the regular election held in April, 1973, two councilmen shall be elected for a term of four years and in the regular election held in April, 1975, three councilmen shall be elected for a term of four years, and each two years thereafter such councilmen shall be elected to fill the expiring terms of councilmen for a term of four years. The terms of such officers shall begin at the first regular meeting of the governing body in May following their election in April and they shall qualify by subscribing to the proper oaths at any time before or at the beginning of said meeting. If any person so elected to the office of mayor or councilman does not qualify within the required time, he shall be determined to have refused to accept the office and a vacancy shall exist, and thereupon the mayor shall, with the consent of a majority of the remaining councilmen, appoint a suitable elector of the city to fill the vacancy for the term to which the refusing candidate was elected. In case of a vacancy in the office of councilman occurring by reason of resignation, death, or removal from office or from the city, the mayor by and with the consent of a majority of the remaining councilmen, shall appoint some suitable elector of the city to fill the vacancy until the next election for that office. In case of a vacancy in the office of mayor occurring by reason of resignation, death, removal from office or from the city, 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 councilman becoming mayor.

Section 4. That the judge of the municipal court of said city shall hold office for a term of two years, commencing with his appointment by the mayor with the consent of a majority of councilmen elected at the first regular meeting in May following each regular city election, and any vacancy occurring in the office of the judge of the municipal court shall be filled for the unexpired term by appointment by the mayor, with the consent of a majority of the councilmen.

(8-4-69)