Section 2.5.  Annexed Area Representation.
   (A)   Any single area annexed to the City of Battle Creek at one time and by means of a popular vote thereon, having a population of 3,500 or more on the date of said election, shall be entitled to elect an additional member to the City Commission for a period of not less than three nor more than four years as provided in this section. Said additional member shall have all of the rights, powers and duties of a duly elected City Commissioner and shall receive the same compensation. Said population shall be determined by the existing City Commission on a basis of such evidence as may be available including the last previous Federal census, school censuses, tax records, election records, or a special census conducted for the purpose, and its decision shall be final.  A special election in the annexed area shall be called and conducted by the City Commission as soon as it is reasonably practicable after the effective date of the annexation. At this election prior registration records may be used if available. Subject to the provisions of this section, the election chapter of this Charter and the State election laws shall be followed. The annexed area representative to be elected shall have been a resident of the area for at least two (2) years prior to the date of election and nominations shall be made by petition as provided in the election chapter hereof for City Commissioners. If only one person is nominated within the time limited, the City Commission shall declare such person an additional member of the City Commission and cancel the election. Said additional member shall hold office from the Tuesday following the canvass of the election of the declaration above provided to the Tuesday following the canvass of the regular April Municipal election which is conducted more than one year thereafter, at which election said additional membership shall again be voted upon for a full two-year term. At the end of the full two-year term so provided, said additional membership shall expire. Only registered electors residing within the annexed area shall be entitled to vote upon the additional membership. In filling any vacancy in such additional membership, the remaining members of the City Commission shall be limited to the selection of a person having qualifications to be a candidate for such membership. In performing the mandates of this section, the City Commission shall act promptly and in good faith and for failure thereof, mandamus shall lie.
(Amended April 1, 1985)
   (B)   In the event of annexation to the City of Battle Creek of an entire township having a population in excess of 18,000 people at the effective date of said annexation, and in the further event the regular membership of the Commission has not increased to fourteen (14) members elected at large as hereinafter provided, the foregoing election procedure for providing annexed area representation for said annexed township shall be inapplicable, and in lieu thereof each individual serving as Township Officer and/or Trustee immediately prior to said effective date shall serve as a member of the City Commission for a period of two (2) years or until such time as their term as Township Officer or Trustee would otherwise have ended through expiration, death, resignation, or removal, whichever first occurs. Said former Township Officers and Trustees, but not their replacements, if any, while serving as City Commissioners, shall receive compensation equivalent to the compensation which they would otherwise have received as Township Officers and Trustees. The terms of City Commissioners elected at large in the second regular Municipal election following said annexation of an entire township having a population in excess of 18,000 people shall be one (1) year each. At the time of the first regular Municipal election occurring not less than two (2) years from such an annexation of an entire township having a population in excess of 18,000 people and thereafter, the Commission shall again be composed of nine (9) members elected as set forth in Section 2.2 or 2.4, whichever is appropriate. In the event of a conflict between this section and Section 2.4, this section shall prevail.
(Amended August 7, 1984; March 10, 2020)
   (C)   City Commissioners who have become Commissioners by operation of Section 2.5(B) and whose terms expire between regular City elections by the operation of Section 2.5(B) shall have their terms extended for the period of time necessary for their terms to expire at the next regular City election following their expiration under the operation of Section 2.5(B). This paragraph shall apply to former Battle Creek Township Trustees and Officers and any future Township Trustees and Officers who have become City Commissioners by operation of this section. The compensation of such Township Officers and Trustees which shall have been continued after they became City Commissioners by operation of this section shall terminate at the time that their township offices would have terminated but for the annexation and thereafter they shall receive compensation pursuant to this Charter.
(Amended November 6, 1984)