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 1976; C.O. No. __; Code 2015)

The regular meeting of the Committees of the Governing Body of the City of Cottonwood Falls, Kansas, shall be held at the hour of 7:00 p.m. on Thursday of each week, except that when the meeting date falls on a legal holiday, no meeting shall be held on that week.

(Ord. 750; Ord. 772; Code 2015)

All powers conferred upon cities of the third class, by the laws of the State of Kansas shall be exercised by the governing body subject to such limitations as may be prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the Mayor and City Council of the City of Cottonwood Falls, Kansas, as the governing body of said city.

Special meetings of the governing body may be called by the Mayor or acting Mayor on written request of any three members of the Council, specifying the object and purpose of such meeting, which request shall be read at the meeting and entered at length on the journal by the City Clerk. The call of the Mayor for any such meeting shall be endorsed upon the written request and shall specify the time and place of such meeting, and shall be filed with the City Clerk. Thereupon, the City Clerk shall give notice of such meeting to each member of the governing body.

(K.S.A. 15-106)

Any regular or special meeting of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body may determine in the motion to adjourn.

At all meetings of the governing body, a majority of the Councilmen elected shall constitute a quorum to do business, but any less number may adjourn from day to day and compel the attendance of the absent members of the governing body.

(K.S.A. 15-106)

The Mayor shall preside at all meetings of the governing body, and shall have a casting vote when the governing body is equally divided upon any question, except upon the passage of ordinances.

(K.S.A. 15-301)

The City Council shall elect one of their own body as “president of the City Council”, who shall preside at all meetings of the Council in the absence of the Mayor; and in the absence of the president of the Council, shall elect one of their own body to occupy his position temporarily, who shall be styled “acting president of the Council.” The president and acting president, when occupying the place of the Mayor, shall have the same privileges as other members of the Council.

(K.S.A. 15-310)

(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. Subject to the provisions of K.S.A. 12-104a, and amendments thereto, 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. __; Code 2015)

Standing committees of the governing body shall consist of two (2) members each to be appointed by the Mayor, by and with the consent of the Council, at a regular meeting of the governing body following the city election. The member first appointed shall be the chairman of the committee. Special committees of the governing body may be appointed from time to time by motion duly motion duly made and carried for the purpose. The following standing committees shall be appointed:

(a)   Economic Development, Taxation and Finance;

(b)   Parks and Recreation;

(c)   Staff Policy and Relations;

(d)   Street, Alley and Property;

(e)   Utilities and Services.

(Ord. 784; Code 2015)

It shall be the duty of each committee to act promptly and faithfully in all matters referred to it to make a report thereof at the next meeting of the governing body. The governing body may designate whether the administration of a policy or the carrying out of any order of the governing body shall be performed by a governing body committee, an appointive officer of the city or the Mayor. If no administrative authority is designated by ordinance or other action of the governing body, the action shall be exercised by the Mayor as provided by law.

(K.S.A. 15-301; 302; 305; 306; 308)

The ordaining clause of all ordinances shall be “Be It Ordained by the Governing Body of the City of Cottonwood Falls, Kansas.” All ordinances shall be read and considered section by section at a public meeting of the governing body, at which time amendments may be made to any section or sections upon motion duly made and carried; and upon the reading and final consideration of the ordinance, the question shall be stated by the presiding officer “Shall the ordinance be passed as read?” (or “as read and amended”), and a vote of the governing body for final passage of the ordinance shall then be taken by a showing of hands of those in favor of the ordinance and those opposed to the ordinance, which shall be entered on the journal of proceedings of the governing body by the City Clerk (or in the absence of the Clerk by a member of the governing body designated by the governing body to act as Clerk pro tempore) No ordinance shall be passed unless a majority of all the members of the governing body elect shall vote in favor thereof.

(a)   No ordinance, except those appropriating money, shall be in force until published in the official city newspaper by the city clerk. One publication of any such ordinance shall be sufficient unless additional publications are required by statute or ordinance. The publisher of the newspaper shall prefix such published ordinance by a line in parentheses stating the month, day and year of such publication.

(b)   In lieu of full publication of an ordinance pursuant to this section, a city may opt to publish a summary of the ordinance so long as:

(1)   The publication is identified as a “summary’’ and contains notice that the complete text of the ordinance may be obtained or viewed free of charge at the office of the city clerk;

(2)   the city attorney certifies the summary of the ordinance prior to publication to ensure that the summary is legally accurate and sufficient; and

(3)   the publication contains the city’s official website address where a reproduction of the original ordinance is available for a minimum of one week following the summary publication in the newspaper. If an ordinance is subject to petition pursuant to state law, then the summary shall contain a statement that the ordinance is subject to petition.

(K.S.A. 12-3007; Code 2015)

Except where a state statute or city ordinance specifically requires otherwise, all resolutions and motions shall be passed if voted upon favorably by a majority of a quorum of the council.

In the event of a catastrophe in which all, or a majority, of the members of the governing body are injured to the extent that they are unable to serve, the interim governing body shall be composed of the surviving number of the appointed officials selected in the order of the greatest seniority in the office to make up a governing body of the prescribed number.