A CHARTER ORDINANCE REPEALING SECTION 3 OF CHARTER ORDINANCE NO. 3 AS PASSED AND ADOPTED ON THE 4TH DAY OF AUGUST, 1969, AND AMENDING CHAPTER 6 SECTION 103 OF THE BENTON CITY CODE, AND PROVIDING FOR THE STAGGERING OF TERMS FOR CITY COUNCILMEMBERS AND FOR THE ELECTION OF A MAYOR AND FOR THE FILLING OF VACANCIES IN THE OFFICE OF MAYOR AND CITY COUNCILMEMBERS, AND PROVIDING FOR CERTIFICATES OF ELECTION.

NOW, THEREFORE, be it ordained by the governing body of the City of Benton, Kansas: 

Section 1: REPEALED SECTION

That Section 3 of Charter Ordinance No. 3 as passed and adopted on the 4th day of August 1969, is hereby repealed.

Section 2: REGULAR CITY ELECTIONS.

A regular city election shall be held on the Tuesday succeeding the first Monday in November of even-numbered years. The terms of such officers shall begin the second Monday in January following certification of even-year elections. If any person so elected to the office of mayor or councilmember does not qualify within the required time, he or she 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 councilmembers, 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 councilmember 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 councilmembers, shall appoint a 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 councilmember becoming mayor. A regular city election shall be held on the Tuesday succeeding the first Monday in November of even-numbered years.

Section 3:  TERMS OF OFFICE; COMMENCEMENT OF TERMS OF OFFICE

(a)   Newly elected councilmembers and mayor shall serve a term of 4 years.

(b)   The term of office for newly elected councilmembers and mayor shall commence on the second Monday in January following certification of the election.

(c)   The term of the two councilmembers that would have expired in April 2017, shall expire on the second Monday in January of 2019, when the new councilmembers elected in the November 2018 general election take office.

(d)   The term of the three councilmembers and the term of the mayor that would have expired in April 2019, shall expire on the second Monday in January of 2021, when the councilmembers and mayor elected in the November 2020 general election take office.

Section 4:  OATH OF OFFICE.

Every person elected or appointed to city office, before entering upon the duties of such office shall take and subscribe an oath or affirmation as specified in K.S.A. 54-106, and amendments thereto, and every such oath or affirmation shall be filed with the city clerk.  (K.S.A. 25–2120)

Section 5:  NOMINATION PETITION.

Any person desiring to become a candidate for city office elected at large shall file with the county election officer, before the filing deadline, established in K.S.A. 25–205, and amendments thereto, a declaration of candidacy on a form furnished by the county election officer as specified by the secretary of state. Each such filing shall be accompanied by a filing fee of $20 or, in lieu of such filing fee, by a petition signed by a number of such qualified electors of the city equal to not less than 10% of the ballots cast at the last general city election. (K.S.A. 25–2110)

(10-17-2016; Amended by C.O. No. 8 and C.O. No. 9)