CHAPTER I. ADMINISTRATIONCHAPTER I. 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 of Wakefield.

(K.S.A. 12-104; R.O. 1965, Sec. 1-201)

All powers conferred upon cities of the third class by the laws of the State of Kansas shall be exercised by the Governing Body, subject to such limitations as may be prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the Mayor and Council of the City as the Governing Body of the City.

(K.S.A. 12-103; R.O. 1965, Sec. 1-202)

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 not repugnant to the Constitution and laws of the State of Kansas and such as it shall deem expedient for the good government of the City, the preservation of peace and good order, the suppression of vice and immorality, the benefit of trade and commerce, the health of inhabitants thereof and such other ordinances, rules and regulations as may be necessary to carry such power into effect.

(R.O. 1965, Sec. 1-203)

The regular meetings of the Governing Body shall be held at 7:00 p.m. on the second Monday of each month, provided that when a day fixed for a regular meeting shall fall on a holiday regularly observed in the City of Wakefield, the meeting shall be held on the next succeeding secular or business day at the appointed hour.

(K.S.A. 15-106; R.O. 1965, Sec. 1-204; Ord. 1305)

Special meetings of the Governing Body may be called by the Mayor (or Acting Mayor in the absence of the Mayor from the City) or on the written request of any three (3) members of the council, specifying the object and purpose of such meeting, which request shall be read at the meeting and entered at length on the minutes of said meeting by the City Clerk. The call of the Mayor for any such special meeting shall be endorsed upon the written request and shall specify the time and place of such meeting, and shall be filed with the City Clerk. Thereupon, the City Clerk shall give notice of such meeting to each Councilperson.

(K.S.A. 15-106; R.O. 1965, Sec. 1-205)

Any regular or special meeting of the Governing Body may be adjourned for the completion of its business at such subsequent time and place as the council may determine in the motion to adjourn.

(K.S.A. 15-106; R.O. 1965, Sec. 1-206)

At all meetings of the Governing Body, a majority of the Councilpersons-elect shall constitute a quorum to do business, but any less number may adjourn from day to day and compel the attendance of absent members of the Governing Body in such manner and under such penalties as the Governing Body, by ordinance, may have previously prescribed.

(K.S.A. 15-106; R.O. 1965, Sec. 1-207)

The Mayor shall preside at all meetings of the City Council and shall have general supervision over the affairs of the City. The Mayor shall have a casting vote when the Governing Body is equally divided, and none other.

(K.S.A. 15-301; R.O. 1965, Sec. 1-208)

The Governing Body shall, at its first regular meeting in the month of May elect one of its members as “President of the Council.” When any vacancy shall happen in the office of Mayor, the President of the Council for the time being shall exercise the office of the Mayor, and all of the rights, privileges and jurisdiction of the Mayor, until such vacancy be filled at the next City election, or until such disability be removed, or in the case of temporary absence, until the Mayor shall return. In the absence of the President of the Council, the Governing Body shall elect one of their own members to occupy the President’s place temporarily, who shall be styled “Acting President of the Council.” The President of the Council and the Acting President, when occupying the place of the Mayor’s presiding officer, shall have the same privileges as other members of the Governing Body.

(K.S.A. 15-310, 311; R.O. 1965, Sec. 1-209:210)

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 of the City Clerk. No ordinance shall be valid unless a majority of all members-elect of the Governing Body shall vote in favor thereof, Provided, that where the number of favorable votes is one (l) less than required, the Mayor shall have the power to cast the deciding vote in favor of the ordinance.

(K.S.A. 12-3001:3002; R.O. 1965, Sec. 1-211)

The Mayor shall have the power to sign or veto any ordinance passed by the Governing Body, Provided, that ordinances on which the Mayor casts the deciding vote and appropriation ordinances, the Mayor shall have no veto, and he or she shall sign such ordinance if he or she be present at the meeting, and if he or she refuses or neglects to sign or be not present at the meeting, the ordinance shall take affect without his or her signature. Any ordinance vetoed by the Mayor may be passed over the veto by a vote of three-fourths (3/4) of the whole number of the Governing Body-elect, notwithstanding the veto, Provided further, that if the Mayor does not sign his or her approval of an 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 Governing Body, the ordinance shall take effect without his or her signature. If an ordinance shall take effect without signature, such fact shall be endorsed by the City Clerk on the ordinance book. 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; R.O. 1965, Sec. 1-212)

After the last section of each ordinance there shall be a statement substantially as follows: “passed by the Governing Body this __ day of _______________”, 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 his signature”; or in the case of an appropriation ordinance 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.

(K.S.A. 12-3003; R.O. 1965, Sec. 1-213)

No ordinance shall contain more than one (l) 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 Wakefield, Kansas.”

(K.S.A. 12-3004, 3005; R.O. 1965, Sec. 1-214)