Chapter 1 · Administration

Article 2. Governing Body

Sections 1-201 to 1-210 · 10 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 2020)

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 of the city as governing body of the city.

(Code 2005, 1-201; K.S.A. 12-103; Code 2020)

1-203 Regular meetings of council.

The regular monthly meeting of the Enterprise City Council shall be held on the second Tuesday of each calendar month at 7:00 p.m. in the meeting room of the Enterprise City Building provided that when such meeting date shall be a holiday regularly observed by the City, or in the event of other recognized conflict, the regular meeting shall convene on the next Tuesday immediately following at the appointed hour or such other date and time as the Enterprise City Council may lawfully designate.

(Code 2005, 1-203; Ord. 1582; Ord. 1641; Ord. 1670; Code 2020)

1-204 Special meetings; calling; minutes.

Special meetings of the council may be called by the mayor (or acting mayor in the absence of the mayor from the city) on written request of any three 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 journal 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 member of the council.

(Code 2005, 1-204; K.S.A. 15-106; Code 2020)

1-205 Adjourned meeting; time and place.

Any regular or special meeting of the city council 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.

(Code 2005, 1-205; Code 2020)

1-206 Quorum; attendance of members.

At all meetings of the city council, a majority of the council members 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 council by attachment issued in the name of the city and directed to the chief of police demanding him or her to arrest such absent members and bring them before the council.

(Code 2005; K.S.A. 15-106; C.O. No. 14; Code 2020)

1-207 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 2020)

1-208 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 2020)

1-209 Vacancies on the governing body; how filled.

(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 consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. The governing body shall appoint by a majority vote of the remaining members, a person to fill the vacancy within 60 days of the vacancy. If the appointment is not made, the governing body shall pass a resolution calling for a special election to fill such vacancy within 45 days of the passage of such resolution. 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. 12-104a; K.S.A. 15-201; K.S.A. 15-311; C.O. No. 17; Code 2020)

1-210 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 Enterprise, 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 Enterprise, 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 2005, 1-211; K.S.A. 12-3002; 3004; Code 2020)