CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 2. GOVERNING BODY

The governing body of the city shall consist of the mayor and five councilmembers to be elected as set out in section 6-101 of this code.

(Code 2014; C.O. No. 26)

All powers exercised by cities of the third class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor and council as governing body of the city.

(K.S.A. 12-103; Code 2014)

(a)   Regular meetings of the governing body shall be held on the first and third Monday of each month at 7:00 p.m. In the event the regular meeting day shall be a legal holiday, the governing body shall meet on the next regular working day at the same place and time.

(b)   Special meetings may be called by the mayor at any time upon written request of no fewer than three members of the council. The request shall state the matters to be discussed at such special meeting and no other matters may be considered at such meeting.

(c)   Regular or special meetings of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body shall determine in its motion to adjourn.

(K.S.A. 15-105; Code 1974, 2.08.010:030; Code 2014)

At all meetings of the governing body, a majority of the councilmembers-elect shall constitute a quorum to do business.

(K.S.A. 15-106; Code 2014)

The mayor shall preside at all meetings of the governing body. The mayor shall have the tie-breaking vote on all questions when the members present are equally divided. The mayor shall:

(a)   Have the superintending control of all officers and affairs of the city;

(b)   Take care that the ordinances of the city are complied with;

(c)   Sign the commissions and appointments of all officers elected or appointed;

(d)   Endorse the approval of the governing body on all official bonds;

(e)   From time to time communicate to the city council such information and recommend such measures as he or she may deem advisable;

(f)    Have the power to approve or veto any ordinance as the laws of the state shall prescribe;

(g)   Sign all orders and drafts drawn upon the city treasury for money.

(Code 2014)

The city council shall elect one of its own body as president of the council. The president of the council shall preside at all meetings of the council in the absence of the mayor. In the absence of both the mayor and the president of the council, the council shall elect one of its members as “acting president of the council.” The president and acting president, when occupying the place of mayor, shall have the same privileges as other councilmembers.

(K.S.A. 15-310; Code 2014)

(a)   In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within 30 days after election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. The mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.  In the event that the vacancy is not filled within 60 days after the vacancy occurs, then a special election shall be called to fill the vacancy.

(b)   In case of a vacancy in the office of mayor, 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 council member becoming mayor. Once elected by the members of the council, the President of the Council shall serve in such capacity until a new president has been elected from the members, provided that the President of the council remains a member of the council.

(K.S.A. 12-104a; K.S.A. 15-201; K.S.A. 15-311; C.O. No. 26)