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

The governing body shall consist of a mayor and eight councilmembers to be elected as set out in Chapter 6 and Appendix A of this code.

(Code 1987)

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 the city council as governing body of the city.

(K.S.A. 12-103; Code 1987)

(a)   Regular meetings of the governing body shall be held at 7:00 pm the first and third Monday of each month. In the event of the regular meeting day shall fall on any legal holiday or any day observed as a legal holiday by the city offices, the governing body shall meet the Tuesday following the Monday holiday at 7:00pm, in lieu of meeting on such legal holiday or day observed as a holiday by the city offices.

(b)   Special meetings shall be called by the mayor or acting mayor, on the written request of any five members of the city council, 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)   The first regularly-scheduled meeting of the governing body in January of even-numbered years will be for the purpose of allowing newly elected city governing body members to take office, and for the conduct of such other business as the governing body may desire.

(K.S.A. 14-111; Ord. 703; Code 1987; Ord. 1050; K.S.A. 25-2120; Code 2021)

In all cases, it shall require five of the councilmembers-elect to constitute a quorum to do business.

(C.O. No. 10; C.O. No. 16; Code 2021)

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. That ordinances on which the mayor cast the deciding vote and appropriation ordinances, the mayor shall have no veto and he or she shall sign such ordinances if present at the meeting, and if the mayor refuses or neglects to sign or not be present at the meeting, they shall take effect without his or her signature. Any ordinance vetoed by the mayor may be passed over the veto by a vote of 3/4 of the whole number of council members elected, notwithstanding the veto. 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 by the city clerk on the ordinance as entered in the “Ordinance Book”. The president of the council or acting president of the council shall have no power to sign or veto any ordinance.

(g)   Sign all orders and drafts drawn upon the city treasury for money.

(h)   On February 1st of every year or the first regularly scheduled city council meeting thereafter, appoint four members of the city council to the following committees: safety; administrative; public works; parks and public lands. All such appointments by the mayor shall be subject to approval by a majority of a quorum of the city council. The governing body may create and appoint members to other committees as may be deemed necessary. The governing body shall determine the scope of authority for all committees.

(K.S.A. 14-305:307; Code 1987; Ord. 880, Sec. 1; Ord. 1050; Code 2021)

(a)   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 of the council when occupying the place of mayor, shall have the same rights, privileges and jurisdiction as the mayor. The president of the council shall be elected annually on February 1st or the first city council meeting thereafter of every year.

(b)   The President of the Council shall have the power and authority to sign contracts and all other legal documents on the behalf of Yates Center, Kansas and Mayor thereby legally binding the City.

(K.S.A. 14-204, 14-308; Code 1987; Ord. 1135; Code 2021)

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 1987)

(a)   In case of a vacancy in the council occurring because 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. 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. 14-204, 14-308; Code 1987; C.O. No. 20)

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

(Code 1987)

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 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 the city council.

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

(Code 1987)

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 Yates Center, Kansas, that certain code known as the “Code of Procedure for Kansas Cities,” 2nd 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 Yates Center, 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 2021)