A CHARTER ORDINANCE INCREASING THE GOVERNING BODY FROM THREE COMMISSIONERS TO FIVE COMMISSIONERS .AND PROVIDING FOR TERMS OF OFFICE, ELECTION CYCLING AND TRANSITIONING PROVISIONS; REPEALING CHARTER ORDINANCE #4 INCLUDING ITS CODIFIED VERSION AND ALSO AMENDING TITLE 1, CHAPTER 8, SECTION 1 AND SECTION 13 OF THE MUNICIPAL COPE; REPEALING EXISTING PROVISIONS OF SAID TITLE 1, CHAPTER 8, SECTION 1 AND SECTION 13; EXCEPTING THE· CITY FROM THE PROVISIONS OF K.S.A. 25-2120 RELATING TO CERTIFICATION OF ELECTION RESULTS, COMMENCEMENT OF TERM AND OATH OF OFFICE, AND PROVIDING SUBSTITUTE PROVISIONS RELATING THERETO.
WHEREAS, the City of Garnett Kansas, has since 1964 been organized as a Commission-Manager government; and for an even longer time has been governed by a Commission consisting of three members, and has elected one commissioner for a three-year term in each year so as to provide continuity in the membership of the said Commission; and,
WHEREAS, the City of Garnett, Kansas, in 1969 memorialized such election procedure, as an exception from Kansas law, by way of Charter Ordinance No. 4; and,
WHEREAS, the·City Commission of the City of Garnett, Kansas, has discussed expanding the membership of the Commission from three members to five members and on such issue through an advisory election found there was support among the electors voting in said election for such an expansion; and,
WHEREAS, the City Commission of the City of Garnett, Kansas, desires to maintain the three-year terms and annual election process in the expansion of the membership of the Commission to five members.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BQDY OF THE CITY OF GARNETT, KANSAS:
SECTION 1: The City of Garnett, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby adopts this Charter Ordinance.
SECTION 2: Title 1, Chapter 8 1 Section 1 of the Municipal Code is hereby amended to read as follows:
SECTION 3: Title 1, Chapter 8, Section 13 of the Municipal Code is hereby amended to read as follows:
1-8-13: TERMS OF COMMISSIONERS; TRANSITION; METHOD OF ELECTION; CANDIDACY:
(B) In order to maintain the staggered terms of elected commissioners, a long-standing tradition in the City of Garnett, and as formally provided in Charter Ordinance No. 4 (adopted January 27, 1969; effective March 27, 1969) municipal elections in the city of Garnett, Kansas, shall take place on the Tuesday succeeding the first Monday in November each year. Each commissioner shall be a resident and qualified elector of the City of Garnett, Kansas, and shall at such election be elected to a three-year term, expiring with the first regular meeting in December immediately succeeding said election.
(C) In order to transition to a five-member commission and thereafter maintain the same,
1. Two additional commissioners shall be elected in the November, 2020 election; the terms of each such commissioner shall be for three (3) years, expiring with the first regular meeting in December; 2023.
2. The.commission position that presently expires on the second Monday in January of 2021 shall be extended to and shall expire on the second Monday in January of 2022. Two commissioners shall be elected in the November 2021 election; the terms of such commissioners shall be for three (3) years, expiring with the first regular meeting in December, 2024.
3. One commissioner shall·be elected in the November, 2022 election for a term of three (3) years, expiring with the first regular meeting in December, 2025.
4. Thereafter, either one or two commissioners as needed to maintain a five-member commission shall be elected annually each to a term of three (3) years.
(D) In any such municipal election
1. In years in which two (2) commissioners are to be elected, the candidate receiving the greatest number of votes and the candidate receiving the next greatest number of votes shall be declared the winners.
2. In a year in which one·(1) commissioner is to be elected, the candidate receiving the greatest number of votes·shall be declared the winner.
(E) Any person desiring to become a candidate for commissioner shall file with the county election officer before the filing deadline established in K.S.A. 25-205 or any amendment thereto ; either a petition signed by not fewer than twenty-five (25) of the qualified electors of the City of Garnett or by a declaration of intent to become a candidate accompanied by any filing fee required by law. Any such petition or declaration shall be on a form furnished by the county election officer and as specified by the secretary of state.
SECTION 4: Charter Ordinance No. 4 is hereby repealed; including its codified version in Title 1 Chapter 8 Section 12 of the Municipal Code. Title 1 Chapter 8 Section 13 of the Municipal Code as the same presently exists, is hereby repealed.
SECTION 5: The City of Garnett, Kansas, does hereby elect to exempt itself from and make inapplicable to it, the provisions of K.S.A. 25~2120 and.does hereby provide the following substitute and additional provisions in place thereof, to-wit: 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 of commissioner shall commence with the first regular meeting of the Governing Body in December of each year immediately following said election. 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.8.A. 54-106, and every such oath or affirmation shall be filed with the City Clerk.
(06-11-2019)