CHAPTER 1. ADMINISTRATIONCHAPTER 1. ADMINISTRATION\Article 2. Governing Body

The term “governing body” as used in this code shall be defined to include the mayor and members of the council of the city.

(K.S.A. 12-104; Code 1971; Sec. 1-102; C.O. No. 2; C.O. No. 5A; Code 2003)

All powers conferred upon cities of the second class by the constitution and laws of the state of Kansas shall be exercised by the governing body subject to such limitations as may be prescribed by law that are uniformly applicable to all cities. All executive and administrative authority shall be vested in the mayor and council of the city as the governing body of the city.

(K.S.A. 12-103; Kansas Constitution, Article 12, Section 5; Code 1971; Sec. 1-103; Code 2003)

The governing body shall have the care, management and control of the city and its finances and shall have the power to enact, ordain, alter, modify, or repeal any and all ordinances. The governing body shall ordain such ordinances in conformity with Article 12, Section 5 of the Kansas Constitution, and this article.

(Code 1971; Sec. 1-104)

The governing body shall have regular meetings on the second Monday of each month at 7:00 p.m. and additional meetings at any time of the year at any other time deemed proper. When the date fixed for a regular meeting shall fall on any legal holiday, or a day observed as a holiday in the city, the regular meeting shall convene on the next regular or business day thereafter that is not observed as a legal holiday, or as ordered by the governing body at any previous meeting, regular or special.

(K.S.A. 14-111; Ord. 357; C.O. No. 27; Code 2022)

Any special meeting may be called either by (a) the mayor or (b) the mayor on written request of not less than three (3) members of the council addressed to the mayor, specifying the object and purpose of the meeting, which request must be read at the meeting and entered at length on the journal. The call of the mayor for any special meeting shall be issued in such manner as may be required by the rules of the council. Attendance by any member of the governing body at a special meeting thereof shall constitute a waiver of any right or privilege such member may have to challenge any purported or actual non-compliance with the provisions of this section, unless such appearance is limited solely to express formal objection to the call.

(Ord. 1971; Sec. 1-106; Code 1984; Code 2003; C.O. No. 26; Code 2022)

The mayor shall preside at all meetings of the city council, and shall have a vote when the council is equally divided and as may otherwise be provided by law and shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city and all applicable laws are complied with.

(C.O. No. 8; K.S.A. 14-301; Code 2003)

A salary may be established for the mayor of the city.

(Ord. 560; Ord. 603; Code 1984; Code 2003; Code 2007; Code 2022)

A salary may be established for members of the city council. The council members’ salary shall be payable the first day of each calendar month.

(Ord. 564; Code 1984; Code 2003; Code 2007; Code 2024)

The council shall elect from its membership a president of the council. The president of the council shall preside in the temporary absence of the mayor, but shall retain the authority of the president’s council position. The president of the council shall assume the position of mayor 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 until the next regular city election, and a vacancy shall occur in the office of the council member becoming mayor. Such appointee shall serve only for the period from and after the date of assuming the position of mayor until the second Monday in January following the next November election. At such November election, an individual will be elected to serve out the remainder of the unexpired term of the position, if any portion of the term remains unexpired. Upon the president of the council assuming the office of mayor, the council shall elect from its membership a new president of the council.

(Code 1971, Sec. 1-108; C.O. No. 11; Code 2003; C.O. No. 22; C.O. No. 23)

All ordinances of the city shall be considered at a public meeting of the governing body, except as otherwise provided by law. The vote on any ordinance shall be by “yeas” and “nays” which shall be entered on the journal by the city clerk. No ordinance shall be valid unless a majority of all members elect of the city council shall vote in favor thereof: PROVIDED, that where the number of favorable votes is one (1) less than required, the mayor shall have power to cast the deciding vote in favor of the ordinance.

(K.S.A. 12-3001: 3002; Code 1971, Sec. 1-109)

The mayor shall have the power to sign or veto any ordinance passed by the council: PROVIDED, that on those ordinances in which the mayor casts the deciding vote and appropriation ordinances, he or she shall have no veto and he or she shall sign such ordinance if he or she is present at the meeting and if the mayor refuses or neglects to sign or is not present at the meeting, they shall take effect without the mayor’s signature. Any ordinance vetoed by the mayor may be passed over the veto by a vote of ¾ of the whole number of council members elect notwithstanding the veto: PROVIDED FURTHER, that if the mayor does not sign his or her approval of the ordinance or return the same with his or her veto stating his or her objection in writing on or before the next regular meeting of the council, the ordinance shall take effect without the mayor’s signature, such fact to be endorsed in the ordinance book: PROVIDED FURTHER, that the president of the council or acting president of the council shall have no power to sign or veto any ordinance.

(K.S.A. 12-3003; Code 1971; Section 1-110; Code 2003)

After the last section of each ordinance there shall be a statement substantially as follows:

“Passed by the council this _____ day of ______, 20___.” followed by “(Approved) (Signed) by the mayor” with the signature of the mayor; or “Passed over the mayor’s veto.” or “The mayor not having approved the ordinance on or before the next regular meeting, took effect without the mayor’s signature”; or in the case of appropriation ordinances where the mayor refuses or neglects to sign or is absent from the meeting, an appropriate statement. The city clerk shall attest the signature and affix the seal of the city thereto.

(K.S.A. 12-3003; Code 1971; Sec. 1-111; Code 2003)

No ordinance shall contain more than one (1) subject which shall be clearly expressed in its title; and no section or sections of an ordinance shall be amended unless the amending ordinance shall contain the entire section or sections as amended and the section or sections amended shall be repealed. The style of the ordaining clause of all ordinances shall be “Be it Ordained by the Governing Body of the City of Haysville.”

(K.S.A. 12-3004; 3005; Code 1971; Sec. 1-112)

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 Haysville, Kansas, that certain code known as the “Code of Procedure for Kansas Cities,” Fourth Edition (2017), 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 Haysville, 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 1971; Sec. 1-113; Ord. 386; Ord. 531; Ord. 746; Code 2003; Code 2022)