A CHARTER ORDINANCE EXEMPTING THE CITY OF HESSTON, KANSAS FROM PROVISIONS OF K.S.A. 14-103, 14-201, 14-204, 14-207, 14-308, AND 14-440; REPEALING CHARTER ORDINANCE NOS. 140-1988-007 AND 140-1996-011; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT TO BE INCLUDED IN THE MUNICIPAL CODE.
WHEREAS, the governing body of the City of Hesston, Kansas (the “City) is authorized by Article 12, § 5 of the Constitution of the State of Kansas to determine its local affairs and government and to elect by charter ordinance that the whole or any part of a statutory enactment applicable to the City but not uniformly applicable to all cities shall not apply to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HESSTON, KANSAS.
Section 1. REPEAL. Except to the extent that the same repeals prior law, Charter Ordinance Nos. 140-1988-007 and 140-1996-011 are hereby repealed.
Section 2. INAPPLICABILITY. The City of Hesston, Kansas (the “City”), by virtue of the power vested in it by Article 12, § 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself and make inapplicable to it K.S.A. 14-103, 14-201, 14-204, 14-207, 14-308, and 14-440, which applies to this City, but is part of an enactment which does not apply uniformly to all cities.
Section 3. SUBSTITUTE PROVISIONS.
A. Section 1-201, Chapter I, Article 2 of the Code of the City of Hesston is hereby deleted and amended to read as follows:
1-201. GOVERNING BODY; CITY COUNCIL NUMBER; QUALIFICATIONS.
The City Council shall consist of five citizens of the City who, together with the Mayor, shall be qualified electors of the City of Hesston, Kansas under the Constitution of the State of Kansas. The City Council and the Mayor shall serve for a term of four years.
(C.O. 140-2016-040, Sec. 3)
B. Section 1-206, Chapter I, Article 2 of the Code of the City of Hesston is hereby deleted and amended to read as follows:
1-206. PRESIDENT OF THE COUNCIL.
The City 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 City Council shall elect from its membership a new President of the Council.
(C.O. 140-2016-040, Sec. 3)
C. Section 1-208, Chapter I, Article 2 of the Code of the City of Hesston is hereby deleted and amended to read as follows:
1-208. VACANCIES IN GOVERNING BODY; PROCEDURE; DEADLINE.
(a) No person shall be eligible for the office of Council Member who is not at the time of election an actual resident of the City. If any Council Member moves from the City during such Council Member’s term of office, the office shall be deemed vacant. In case of a vacancy in the office of a Council Member occurring by reason of resignation, death, removal from the City, removal from office, or by becoming Mayor by reason of being President of the Council when a vacancy occurs in the office of Mayor, the Mayor shall appoint, with the consent of a majority of the remaining Council Members, some suitable elector of the City to fill the vacancy until the expiration of the term of such office.
(b) The procedure for filling vacancies in the governing body shall apply, provided such vacancies have been filled within 60 days of the vacancy. If a vacancy is not filled within 60 days of the vacancy, the Kansas statutory procedure to fill vacancies shall apply.
(C.O. 140-2016-040, Sec. 3)
D. Section 1-301, Chapter I, Article 3 of the Code of the City of Hesston is hereby deleted and amended to read as follows:
1-301. OFFICERS; APPOINTMENT; REMOVAL.
The Mayor shall appoint, by and with the consent of the City Council, a Municipal Judge of the Municipal Court, a Chief of Police, City Clerk, City Administrator, City Treasurer, Director of Emergency Services, and City Attorney, all of whom shall serve a term of one year, unless specified by contract, and shall appoint such other officers and employees as the Mayor and City Council may deem necessary; and may retain a licensed professional engineer to act in the capacity of city engineer for specified duties. The terms of office for all City officers serving on the effective date of adoption of this ordinance shall end at the regular City Council meeting in February. The duties and pay of such officers shall be regulated by ordinance.
(C.O. 140-2016-040, Sec. 3)
E. Section 6-103, Chapter VI, Article I of the Code of the City of Hesston is hereby deleted and amended to read as follows:.
6-103. ELECTIONS; TIMING; CONDUCT.
(a) A regular City election shall be held on the Tuesday succeeding the first Monday in November of each odd numbered year.
(b) At regular City elections, the candidates for council members receiving the two or three highest number of votes (as the case may be) and the candidate for Mayor receiving the highest number of votes shall be declared elected. Whenever there is a tie vote for two or more candidates and it is necessary to determine which candidate receives the office, the winner shall be determined by lot by the board of canvassers. The City Clerk shall, within three days after the canvass of the returns and determination by the board of canvassers of the persons elected, deliver to such persons a certificate of election, signed by him or her and sealed with the seal of the City; and such certificate shall constitute notice of election.
(C.O. 140-2016-040, Sec. 3)
F. Section 6-104, Chapter VI, Article I of the Code of the City of Hesston is hereby deleted and amended to read as follows:
6-104. COMMENCEMENT OF TERMS OF OFFICE; OATH OF OFFICE.
(a) The county election officer who conducts the City election shall promptly certify to the City Governing Body the determination of election results made by the county board of canvassers. The term of office shall commence on the second Monday in January following certification of the election. Terms otherwise expiring in April 2017 and April 2019 shall be extended to January of the next succeeding year in accordance with Kansas law.
(b) 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.