The governing body shall consist of a mayor and five city councilmembers to be elected as set out in Chapter 6 of this code.
(C.O. No. 24, Sec. 2; Code 2009; C.O. No. 25)
All powers exercised by cities of the second 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 2009)
(a) Regular meetings of the Governing Body shall be held on the 1st and 3rd Thursday of each month at 7:00 p.m., except that -- in January of each even numbered year -- the meeting which would have occurred on the 1st Thursday of January will instead be held on the second Monday in January at 7:00 p.m. so that newly elected officers can commence their terms of office in accordance with K.S.A. 25-2120. From time to time the Governing Body may hold workshops to supplement its regular meetings. These workshops, which are open to the public, will be announced at a regular meeting, or otherwise noticed in the same manner as a special meeting. No votes will be taken during a workshop. In the event the regular meeting shall fall on any legal holiday, or any day observed as a holiday by the City offices, no meeting shall be held unless otherwise determined by the Governing Body.
(b) Special meetings may be called by the mayor or acting mayor, on the written request of any three members of the Governing Body, specifying the object and purpose of such meeting, which request shall be read at a meeting 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) Unless otherwise determined and announced by the Governing Body, all meetings and workshops of the Governing Body shall be held at De Soto City Hall, 32905 West 84th Street, De Soto, Kansas.
(C.O. No. 24, Sec. 4; Code 2009; Ord. 2430)
In all cases, it shall require four of the council members 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. 14-111; C.O. No. 24, Sec. 4; Code 2009)
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. 14-301:307; Code 1998)
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. The president, when occupying the place of mayor, shall have the same privileges as other councilmembers but shall exercise no veto.
(K.S.A. 14-308; C.O. No. 24, Sec. 3; Code 2009)
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 councilman becoming mayor.
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 councilmembers, shall appoint some suitable elector to fill the vacancy until the next election for that office. In case any person elected as a councilman neglects or refuses to qualify within 30 days after his election, he shall be deemed to have refused to accept such office and a vacancy shall exist, and thereupon the mayor may, with the consent of the remaining councilmembers appoint some suitable elector to fill said vacancy.
(C.O. No. 24, Sec. 3; Code 2009)
The compensation for Governing Body members and appointed officers shall be determined by the governing body by resolution.
(Ord. 1035, Sec. 1; Code 2009; Ord. 2370)
Each member of the governing body shall receive for his or her services and as reimbursement for his or her expenses, compensation as budgeted for the following:
(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 governing body.
(b) Reimbursement for actual food and lodging expenses upon the performance of duties assigned by the mayor and/or governing body, provided such expenses shall be documented by proper receipts.
The following shall constitute guidelines for the rules and order of business of the city.
Rule 1. Adjourned Meetings. Adjourned meetings of the governing body may be held at such time and place as the governing body may determine in the motion to adjourn.
Rule 2. Special Meetings. Special meetings may be held at any time upon a call signed by a majority of the governing body, in accordance with section 1-203 of code.
A notice of such special meeting, stating the time, place, and object of the meeting, directed to the councilmember shall be communicated by the city clerk.
Rule 3. Order of Business. At the hour appointed for meeting, the governing body shall be called together by the mayor, and in his or her absence by the acting mayor. The city clerk shall call the roll and note the absentees and announce whether a quorum be present. Upon the appearance of a quorum the governing body shall proceed to business, in accordance with the approved agenda.
Rule 4. Order. The mayor shall preserve order and decorum and shall decide questions of order subject to an appeal to the council.
Rule 5. Decorum. Every member previous to his or her speaking shall address himself or herself to the chair and shall not proceed until recognized by the chair. He or she shall indulge in no personalities and confine his or her remarks to the matter under debate.
Rule 6. Voting; Abstaining From Voting. When a question is put by the chair, every member present shall vote unless for special reasons the chair shall excuse him or her. Except for votes on ordinances, for those questions for which an abstention is permitted, such a vote shall be counted as a vote cast in favor of the position taken by the majority of those persons present and voting. In doubtful cases the chair may direct, or any member may call for, a division. The yeas and nays shall be called upon a requisition of the chair or any member, and upon the final passage of all ordinances in which case the names of the members voting and their votes shall be recorded in the minutes.
Rule 7. Passing of Ordinances. No ordinance, unless required by law, will be read or requested by the council. Prior to voting on ordinances, any amendment may be offered and considered by the governing body. If amendments are made the chair shall so report, and each section shall be read as amended before the vote on the passage of the ordinance is taken. After reading and amendment (if any) of the ordinance, the vote will be taken. The vote on the final passage of an ordinance shall be taken by yeas and nays, which shall be entered on the journal by the clerk; and no ordinance shall be valid unless a majority of (or otherwise as required by law) the members of the council vote in favor thereof. Provided, that all ordinances and amendments must conform to section 1-109 of the code.
(K.S.A. 12-3002, 12-3004)
Rule 8. Signing and Engrossing Ordinances. After an ordinance shall have passed it shall be correctly entered in the original ordinance book and the original and the book copy shall be signed by the mayor, or in the absence of the mayor by the acting mayor, and attested by the clerk, who shall secure publication of the ordinance as required by law.
Rule 9. Robert's Rules of Order. In all points not covered by these rules the governing body shall be governed in its procedure by Robert's Rules of Order.