Chapter I · 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 five councilmembers to be elected as set out in Chapter 6 of this code.

(Code 2012)

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 councilmembers as governing body of the city.

(K.S.A. 12-103; Code 2012)

1-203 Same; meetings.

(a)There will be one regular meeting of the governing body every month. It shall be held at 7:00 p.m. on the third Tuesday of each month. In the event the regular meeting 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 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.

(K.S.A. 15-106; Code 1984, 1-202; Code 2012; Ord. 2013-1)

1-204 Same; quorum.

In all cases, it shall require a majority of the councilmembers-elect to constitute a quorum to do business.

(K.S.A. 15-106; Code 2012)

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. 15-301:305; Code 1984, 1-204; Code 2012)

1-206 President of the council.

The city council shall, yearly at the first meeting in May, 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. 15-310:311; Ord. 2010-06; Code 1984, 1-205; Code 2012)

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 2012)

1-208 Vacancies in governing body; how filled.

(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.

(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.

(K.S.A. 12-104a; K.S.A. 15-201; K.S.A. 15-311; C.O. No. 2010-30; Ord. 2016-08; Code 2020)

1-209 Compensation.

The governing body members shall receive no compensation.

(Ord. 2002-09; Code 2012; Code 2020)

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.

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

(Code 2012)

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 McLouth, Kansas, that certain code known as the “Code of Procedure for Kansas Cities,” Edition of 2006, 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. 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 McLouth, 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 2012)