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.

(Code 1975, 1-101; Code 1991; Code 2010)

The governing body shall have the power to enact, ordain, alter, modify or repeal any and all regular ordinances and charter ordinances not repugnant to the constitution or the laws of the State of Kansas, and such as it shall deem expedient for the good government of the city, the preservation of the peace and good order, the suppression of the vice and immorality, the benefit of trade and commerce, and the health of the inhabitants and such other ordinances, rules and regulations as may be necessary to carry such power into effect, and the governing body shall be responsible for the city manager’s efficient administration of the city’s business. The governing body shall have such other powers and duties as may be now or hereafter conferred on governing bodies by law. The governing body shall further have the power to cause inquiry to be made at any time into the affairs and business of the city, but no member of the governing body shall directly interfere with the conduct of any department, except at the express direction of the governing body.

(K.S.A. 12-103; Code 1975, 1-106)

(a)   Regular meetings of the governing body shall be held on the first and third Monday of each month at 7:00 p.m. In the event the regular meeting day shall fall on any legal holiday or any day observed as a holiday by the city offices, the governing body shall fix the succeeding day not observed as a holiday as a meeting day.

(b)   Special meetings may be called by the mayor or acting mayor, on the written request of any three 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.

(K.S.A. 14-111; Code 1975, 1-110,112:116; Ord. 1835, Sec. 1; Ord. 1991; Code 2010)

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

(K.S.A. 14-111; Code 1975, 1-110; Code 1991)

The mayor shall preside at all meetings of the city council and shall communicate to the city council such information and recommend such measures as he or she may deem advisable. He or she shall be the official head and chief executive officer of the city on all formal occasions and the mayor shall have the power to remit fines and forfeitures and grant reprieves and pardons for offenses arising under the ordinances of the city, by and with the consent of the council, in the manner prescribed in K.S.A. 14-310. The mayor shall have further power to appoint with the consent of the majority of the councilmembers, all members to all city boards and commissions when the terms of such members expire or the office becomes vacant unless a different procedure for appointment is specified by ordinance or by the laws or constitution of the State of Kansas.

(K.S.A. 14-301:302, 14-305, 14-310; Code 1975, 1-107)

The city council shall elect one of its own body as president of the council, on the date of the first regular meeting in January after the election 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 but shall exercise no veto.

(K.S.A. Supp. 14-308; Code 1975, 1-108; Code 1991; Code 2010; Ord. 2159; Code 2020)

All vacancies occurring in the office of city councilmembers for the city, whether such vacancies occur by reason of the removal of a council member from his or her ward or by his or her death, resignation, the failure of a council member to qualify for office, or the disqualification of a council member for the holding of such office shall be filled by an election held among the remaining members of the city council of said city, and such election must be held at the next regular meeting of the governing body of the city or at a special meeting called thereto for the purpose of filling such vacancy or at an adjournment or continuance of such regular or special meeting and any successor in office elected by the governing body to fill such vacancy must be elected by a majority of the remaining councilmembers of the city, and should the remaining councilmembers of the city fail to elect a successor in office for the vacancy in office of council member after being polled three times by the mayor, or in his absence, the president of the council of said city, then and in the event, the mayor, or in his or her absence, the president of the council of the city, shall appoint a qualified person from the ward in which said vacancy exists to fill such unexpired term; and in the event any person so elected by the remaining members of the council or appointed by the mayor or president of the council in the manner aforesaid, should refuse, fail or neglect to qualify for such office by taking or subscribing to his or her oath for a period of 30 days following such election or appointment, as the case may be, then and in that event the mayor of said city shall forthwith appoint another qualified person to fill such vacancy.

(C.O. No. 8, Sec. 5)

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

(Code 1991; Ord. 2168)

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, city council and/or city manager.

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

(Code 1991; Code 2010)

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 Augusta, Kansas, that certain code known as the “Code of Procedure for Kansas Cities,” current edition, 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. No fewer than three copies of said Code of Procedure for Kansas Cities shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Augusta, 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 2010)

The “Code of Procedure for Kansas Cities” as incorporated by reference in 1-210, shall have the following amendments: The first sentence in Section 42 is hereby changed to read as follows: “For those matters not covered by these rules, the procedure shall be as decided by Robert’s Rules of Order.”

Section 40 of the “Code of Procedure for Kansas Cities” relating to confirmation of mayoral appointments to elected positions is hereby declared to be and is omitted and deleted.