Chapter I · Administration

Article 2. Governing Body

Sections 1-201 to 1-209 · 9 sections

1-201 Governing body.

The governing body of the city shall consist of the mayor and five councilmembers to be elected as set out in chapter 6 of this code.

(Code 2018)

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

(K.S.A. 12-103; Code 2018)

1-203 Meetings.

(a)A regular meeting of the governing body shall be held on the second Wednesday of each month at 6 p.m. and the fourth Thursday of each month for a work session commencing at 6:00 p.m. In the event the regular meeting day shall be a legal holiday, the governing body shall meet on the next regular working day at the same place and time.

(b)Special meetings may be called by the mayor at any time upon written request of no fewer than three members of the council. The request shall state the matters to be discussed at such special meeting and no other matters may be considered at such meeting.

(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.

(K.S.A. 15-105; Ord. 173; Ord. 250; Ord. 261; Ord. 265; Ord. 277; Ord. 298; Code 2018; Ord. 424; Ord. 429; Ord. 452)

1-204 Quorum.

At all meetings of the governing body, a majority of the councilmembers-elect shall constitute a quorum to do business.

(K.S.A. 15-106; Code 2018)

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.

(Code 2018)

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.

(K.S.A. 15-310; Code 2018)

1-207 Vacancies on the governing body; how filled.

(a)(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)(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. 1; C.O. No. 17; Code 2018)

1-208 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 Overbrook, 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 Overbrook, 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 2018)

1-209 Compensation for governing body.

(a)No compensation shall be paid to members of the governing body of the city for any activities of the governing body including but not limited to attendance of regular or special meetings of the governing body.

(b)Nothing in this section shall be construed to limit or prohibit reimbursement to a member of the governing body for necessary expenses reasonably incurred in the discharge of his or her duties as member of the governing body.

(Ord. 286; Ord. 349; Code 2018)