A CHARTER ORDINANCE MAKING K.S.A. 25-313 INAPPLICABLE TO THE CITY AND PROVIDING SUBSTITUTE PROVISIONS AS PART OF SECTION 2 OF CHARTER ORDINANCE NO. 24 PERTAINING TO THE TERMS OF OFFICE FOR ELECTED OFFICERS
WHEREAS, Section 2 of existing City Charter Ordinance No. 24, as amended by Charter Ordinance No. 25, specifies that terms of office for existing governing body members expire on the second Monday in January when newly elected members take office; and
WHEREAS, newly enacted K.S.A. 25-313, effective July 1, 2019, permits cities to establish terms of office for governing body members by resolution of the city, which terms may commence on or after December 1 of each year following the certification of the election, but no later than the second Monday in January following certification of the election; and
WHEREAS, the City of De Soto governing body wishes to establish its terms of office to commence as soon as possible after certification of the election but would like to establish the terms via an ordinary ordinance (and include the established term as part of the City Code) instead of “by resolution of the city” as provided for in K.S.A. 25-313; and
WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the “Act”), provides that cities may exercise certain home rule powers, including passing charter ordinances which exempt such cities from non-uniform statutes and acts of the Kansas Legislature; and
WHEREAS, the City of De Soto, Kansas is a City, as defined in the Act, duly created and organized, under the laws of the State of Kansas; and
WHEREAS, K.S.A. 25-313 is part of an enactment of the Kansas Legislature relating to elections, which enactment is applicable to the City, but is not uniformly applicable to all cities within the State of Kansas; and
WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 25-313, and to provide substitute and additional provisions therefor.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DE SOTO, KANSAS, AS FOLLOWS:
SECTION 1. Exemption – K.S.A. 25-313. The City of De Soto, Kansas by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and hereby makes inapplicable to it K.S.A. 25-313, and does hereby provide the following substitute and additional provisions which shall appear as part of the below new Section 2 of Charter Ordinance No. 24:
Elections, Governing Body, and Terms of Office. All elections to elect governing body members for the City of De Soto, Kansas shall be held in November of each odd-numbered year, and the elections shall be nonpartisan. A mayor and five councilmembers shall constitute the governing body of the city and each shall be elected for four-year terms, or until their successors are qualified. The determination of what year a term is up for election shall relate back to those members of the governing body elected in the year 1965 having a term that expired in 1969 and those members of the governing body elected in the year 1967 having a term that expired in 1971.
The regular term of office for all city officers shall begin and end on dates established by ordinary ordinance of the city and incorporated into the city code.
No person shall be eligible for the office of mayor or councilmember who is not at the time of election an actual resident and qualified elector of the city. If any member of the governing body no longer maintains their residence in the city or is otherwise no longer a qualified elector of the city during the term of their office, the office shall be deemed vacant.
SECTION 2. Severability. If any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidity shall not affect any other provision of this Charter Ordinance. In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.
(06-20-2019)