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

The governing body of the city shall consist of a mayor and eight council members, who shall be elected and hold office as provided in section 6-101.

(Code 1973, 1-101; Code 2017)

The mayor and each member of the council shall be qualified electors of the city.

(K.S.A. 14-109; Code 1973, 1-102)

No person shall be eligible to the office of councilmember who is not at the time of his or her election an actual resident of the ward for which he or she is elected; and if any councilmember shall remove from the ward for which he or she was elected, his or her office as councilmember shall thereby become vacated.

(K.S.A. 14-204; Code 1973, 1-103)

The mayor shall:

(a)   Preside at all meetings of the city council;

(b)   Have the tie-breaking vote when the council is evenly divided and none other;

(c)   From time to time, communicate to the council such information and recommend such measures as, in his or her opinion, may tend to the improvement of the finances, the police, health, safety and welfare of the city;

(d)   Have and exercise such other powers and duties as may be conferred upon him or her by the laws of the State of Kansas and the ordinances of the city.

(K.S.A. 14-301, 14-305; Code 1973, 1-106; Ord. 1875)

The council shall annually elect one of its members as president of the council. When any vacancy shall occur in the office of the mayor by death, resignation, removal from the city, removal from office, refusal to qualify or otherwise, the president of the council shall become mayor. In case of temporary absence of the mayor, the president of the council shall not lose his or her vote as a member of the council when presiding at meetings of the council, but he or she shall not have the power to cast an additional vote when the council is equally divided.

(K.S.A. 14-308; Code 1973, 1-108)

(a)   Regular meetings of the Governing Body shall be held on the third Tuesday of each month at 4:30 p.m. in the City Council Room at the City Hall. Should the regular meeting day fall on a legal holiday, the Governing Body shall meet on the following day at the same hour.

(b)   Work study sessions for the Governing Body shall be held on the first Tuesday of each month at 4:30 p.m. in the City Council Room at the City Hall. Should such day fall on a legal holiday, the work study session shall be held on the following day at the same hour. Work study sessions are for the purpose of studying issues concerning the City and no binding action will be taken during a work study session.

(K.S.A. 14-111; Code 1973, 1-109; Ord. 1506; Ord. 1543; Ord. 1612; Ord. 1715; Ord. 1729, Sec. 1; Ord. 1875)

In all cases it shall require a majority of the councilmembers 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.

(K.S.A. 14-111; Code 1973, 1-110)

The first meeting of the governing body following the annual city election in each year and following the administration of the oath of office to all newly elected members of the council and mayor, as the case may be, shall be known as the organizational meeting.

(Code 1973, 1-111)

Any meeting held by the governing body, which meeting is not held at the time and place of the regular meeting as specified hereinabove in section 1-206, shall be known and referred to as a special meeting and shall be called and conducted in the manner specified in K.S.A. 14-111. Such special meetings may be called by the mayor or the president of the councilor the acting -president upon the written request of any three members of the council. Such request shall specify the object and purpose of such meeting and which request shall be read at length at the meeting and entered at length upon the journal of the city.

(K.S.A. 14-111; Code 1973, 1-112)

All requests for special meetings shall be made by at least three councilmembers in writing and shall be in substantially the following form:

REQUEST FOR SPECIAL COUNCIL MEETING

 

                                    Russell, Kansas

                                                                        , 20     

 

The Honorable                                                ,

Mayor of Russell, Kansas:

 

We, the undersigned councilmembers of the City of Russell, Kansas, hereby respectfully request you to call a special meeting of the governing body of said city to be held at the City Hall,     ___________ ___, 20__, at o’clock ____ .m., the object and purpose of said meeting being

(herein specify the object and the purpose of the meeting).

Signed:

 

                                               

                                               

                                               

Councilmembers of the City of Russell

(Code 1973, 1-113)

Upon receipt by the mayor of a request for special meeting in substantially the form hereinabove set out, the mayor may call such special meeting by providing notice to all councilmembers available and able to attend such meeting. Such call shall be made a sufficient time in advance of the meeting to allow any councilmember who desires or is able to attend such meeting to be present at the meeting.

(Code 1973, 1-114)

Notice of any special meeting may be waived by any council member either before or at such special meeting. Any waiver made before a special meeting shall be made in writing and signed by the councilmember waiving such notice, and filed with the city clerk before or at the meeting; any written waiver shall be made a part of the minutes of the special meeting. Waiver of notice of any special meeting may be made orally by any councilmember present at the special meeting, and every oral waiver shall be noted in the minutes of the special meeting.

(Code 1973, 1-115)

Any special or regular meeting of the governing body may be adjourned to a definite date and time. All such adjourned meetings shall be held in the same place as the regular or special meeting from which such meeting was adjourned. In the event that at a regular or special meeting, a quorum of councilmembers are not present, then such councilmembers may adjourn the meeting from definite time to definite time until a quorum is obtained.

(Code 1973, 1-116)

(a)   There is hereby incorporated by reference for the purpose of establishing a code for procedure for the conduct of city council meetings and meetings of other boards and committees for the City of Russell, Kansas, that certain model code known as the “Code of Procedure for Kansas Cities,” Second Edition (2006), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas save and except for such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed.

(b)   At least three copies of the “Code of Procedure for Kansas Cities” shall be marked or stamped OFFICIAL COPY AS INCORPORATED BY ORDINANCE NO. 1746, 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 said ordinance or this code section. All official copies shall be filed with the city clerk to be open to inspection by the public during all reasonable business hours. Official copies of the “Code of Procedure for Kansas Cities” shall be furnished to all persons or departments charged with the enforcement of the code or to whom the Code is applicable and to such others as may be deemed necessary. All such copies shall be furnished at the cost of the city.

(c)   Sections 36, 38, and 41 of the “Code of Procedure for Kansas Cities” relating to the Commission Form of Government are hereby declared to be and are omitted and deleted.

(d)   Section 12 of the “Code of Procedure for Kansas Cities” is hereby changed to read as follows: Order of Business. At the hour appointed for the meeting, the mayor shall call the meeting to order. The president of the council shall chair the meeting in the absence of the mayor. Upon having a quorum present, the Governing Body shall proceed to business, which shall be conducted in the following order:

I.     Call meeting to order

II.    Invocation

III.  Agenda Approval

IV.  Public Comments on Agenda Items

V.   Presentations and Public Hearings

VI.  Consent Calendar

VII. Council Action Items

VIII.       Department Reports

XI.  Executive Sessions if needed

X.   Public Comment

XI.  Mayor, City Council and City Manager Comments

XII. Adjournment

The Governing Body may at any meeting, by the approval of a motion, change the Order of Business for that meeting. In addition, the agenda may be amended at any time during the meeting to add or delete items.

(Code 1973, 1-129; Ord. 1746; Code 2017)

In the event of a catastrophe in which all or a majority of the members of the governing body are fatally injured the interim governing body shall be composed of the surviving members, the city attorney, the city clerk and a sufficient number of the appointed officials selected in the order of the greatest seniority in office to make up a governing body of the prescribed number.

(Code 1983)