Chapter 1 · Administration

Article 2. Governing Body

Sections 1-201 to 1-211 · 11 sections

1-201 Governing body.

The governing body shall consist of a mayor and council to be elected as set out in Chapter 6 of this code.

(Code 2004)

1-202 Same; powers generally.

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 2004)

1-203 Same; meetings.

(a)Regular meetings of the governing body shall be held on the second (2nd) Monday of January and the 3rd Monday thereafter at 7:00 p.m. In the event the regular meeting day shall fall on any legal holiday or any day observed as a holiday by the city offices, the governing body shall fix the succeeding day not observed as a holiday as a meeting day.

(b)Special meetings may be called by the mayor or acting mayor, on the written request of any three members of the council, specifying the object and purpose of such meeting, which request shall be read at a meeting of the Governing Body and entered at length on the journal.

(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.

(d)When a request has been made for verbatim minutes of any council, planning commission, or ad hoc committee meeting, the city will hire a transcriptionist with all associated costs being paid by the person making the request prior to the production of such specially created document(s) and subject to section 1-614.

(K.S.A. 15-106; Ord. 495, Secs. 1:2; Ord. 498, Sec. 1; C.O, No. 14, Sec. 2; Code 2004; Ord. 695)

1-204 Same; quorum.

In all cases, it shall require three of the five councilmembers elect to constitute a quorum to do business; but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as the city council, by ordinance, may have previously prescribed.

(K.S.A. 15-106; C.O. No. 14, Sec. 2; Code 2004)

1-205 Powers of the mayor.

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.

(K.S.A. 15-301:302, 305:406, 308:309; Code 2004)

1-206 President of the council.

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 but shall exercise no veto.

(K.S.A. 15-301:311; Code 2004)

1-207 Administrative powers.

The governing body may designate whether the administration of a policy or the carrying out of any order shall be performed by a committee, an appointive officer, or the mayor. If no administrative authority is designated it shall be vested in the mayor.

(Code 2004)

1-208 Vacancies in governing body; how filled.

If any person elected to the office of councilmember does not qualify within the required time, he/she shall be deemed to have refused to accept the office and a vacancy shall exist and, thereupon, the mayor shall, with the consent of a majority of the remaining councilmembers appoint a suitable elector of the city to fill the vacancy for the term to which the refusing person was elected. In case of a vacancy in the office of councilmember occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the consent of the majority of the remaining, councilmembers shall appoint a suitable elector of the city to fill the vacancy until the next election for that office.

In case of a vacancy in the office of mayor occurring by reason of resignation, death, removal from office or from the city, 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 councilmember becoming mayor.

Any vacancies to the City Council or Mayor’s office must be filled within 60 days and if they are not a special election shall be held no later than 45 days after the vacancy occurs. Any vacant positions must be certified by the City Clerk to the County Election Office by May 1 of each year.

(K.S.A. 15-201; C.O. No. 1, Sec. 5; Code 2004; K.S.A. 12-104a; C.O. No. 28; C.O. No. 31)

1-209 Compensation.

Members of the governing body shall receive as compensation such amounts as may be fixed by the governing body.

(Code 2004)

1-210 Expenses.

Each member of the governing body shall receive for his or her services and as reimbursement for his or her expenses, compensation as follows:

(a)Mileage at the same rate as is established by law by the state of Kansas for state employees for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or council.

(b)Reimbursement for actual food and lodging expenses upon the performance of duties assigned by the mayor and/or council provided such expenses shall be documented by proper receipts.

1-211 Incorporating code of procedure for Kansas cities.

There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city council meetings of the City of Colwich, Kansas, that certain code known as the “Code of Procedure for Kansas Cities,” Fourth Edition (2017), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. At least one copy of said Code of Procedure for Kansas Cities shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Colwich, Kansas,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Code 2020)