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 and Appendix A of this code.

(Code 1988; C.O. No. 15)

1-202 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 city council as governing body of the city.

(K.S.A. 12-103; Code 1988)

1-203 Regular meeting location and dates.

Regular meetings of the governing body shall be held on the second Monday of each month at 7:00 pm. In the event the regular meeting day shall fall on any legal holiday or in the event quorum is unable to meet on a regular meeting day, the governing body shall fix an alternate meeting date. All regular meetings shall be held at the Kiowa City Hall.

(C.O. No. 7, Sec. 2; Ord. 278; Ord. 301; Ord. 342; Code 2015; Ord. 18-455; Ord. 464)

1-204 Same; quorum.

In all cases, it shall require four (4) council members to constitute a quorum to do business.

(K.S.A. 15-106; Code 1988; C.O. No. 7; Code 2015)

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 1988)

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. 15-310:311; Code 1988)

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 1988)

1-208 Vacancies in governing body; how filled.

(a)In case of a vacancy in the office of councilman occurring by reason of resignation, death, refusal to qualify, or removal from office or from the city, the mayor, by and with the consent of the majority of the remaining councilmen, shall appoint some suitable elector of the city to fill the vacancy until the next election for that office.

(b)In case of a vacancy in the office of the mayor occurring by reason of resignation, death, removal from office or from the city, refusal to qualify, or otherwise, the president of the council for the time being shall exercise the office of mayor, with all the rights, privileges and jurisdiction of the mayor, until the next regular election for that office. In case of such vacancy, other than a temporary absence or disability, the person exercising the office of mayor shall become mayor. Thereupon the council shall elect from its membership a new president of the council.

(c)Should a vacancy occur following two years of the date the departing councilman or mayor took office, the successor’s term shall not count as a full term for term limit purposes.

(C.O. No. 178; C.O. No. 15; Code 2015; C.O. No. 16; Ord. 425; C.O. No. 18; Ord. 19-456; Ord.19-457)

1-209 Compensation.

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

(Code 1988)

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 IRS rate for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or city council.

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

(Code 1988; Code 2015)

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 Kiowa, Kansas, that certain code known as the “Code of Procedure for Kansas Cities,” 2^nd Edition, 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. 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 Kiowa, 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 1988; Code 2015)