The governing body of the city shall consist of the mayor and four councilmembers to be elected as set out in section 6-101 of this code.
(C.O. No. 00-21; Code 2001, 1-101; Ord. 09-4573; Code 2014; C.O. No. 15-4668)
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 council as governing body of the city.
(K.S.A. 12-103; C.O. No. 00-21; Ord. 09-4573; Code 2014)
(a) A regular meeting of the Council shall be held at 6:00 p.m. on the third Monday of each of month, or the Tuesday following the third Monday if a City Holiday falls on the third Monday.
(b) A regular council workshop shall be held at 6:00 p.m. on the first Monday of each month, or the Tuesday following the first Monday if a City Holiday falls on the first Monday.
(c) Special meetings may be called by the Mayor or any one council member, with the following requirements:
(1) the request must be in writing,
(2) the object and purpose of such meeting shall be clearly stated,
(3) an agenda must be attached or incorporated into the request,
(4) the request shall be read at the meeting, and entered at length on the journal, and
(5) no action shall be transacted at the special meeting except that mentioned in the agenda/notice of special meeting.
(K.S.A. 14-111; K.S.A. 14-1403; C.O. No. 96-19; Code 2001, 1-112; Ord. 09-4573; Code 2014; Ord. 18-4702)
At all regular and special meetings of the Council, a majority of the Council Members elect and the Mayor shall be required to constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the Council by ordinance may have previously prescribed.
(K.S.A. 14-111; Code 2001, 1-112; Ord. 08-4568; Ord. 09-4573; Code 2014)
(a) The Mayor shall have all powers and duties granted or implied by Kansas Statutes Annotated for mayors of cities of the second class as modified by City of Cherryvale Charter Ordinances. The Mayor shall preside at all meetings of the City Council, and shall have a casting vote when the Council is equally divided and none other, and shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city and this act are complied with.
(b) The Mayor may appoint various commission, board, and committee members from time to time with the consent of the council. Any commission, board, or committee appointment sent to council must be confirmed within 30 days or the appointment becomes null and void. The council may reject an appointment with or without cause and no further explanation shall be needed. The Mayor may cast the tie breaking vote in a case where the council is split.
(K.S.A. 14-301; C.O. No. 96-20; Code 2001, 1-106; Ord. 09-4573; Code 2014)
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. 14-204; C.O. No. 96-20; Code 2014)
(a) When any vacancy shall happen in the office of mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the president of the council for the time being shall exercise the office of mayor, with all the rights, privileges and jurisdiction of the mayor, other than the appointment of officers pursuant, until such vacancy be filled or such disability be removed, or, in case of temporary absence, until the mayor shall return. During the time the president of the council shall exercise the office of the mayor, the president shall receive the same compensation that the mayor would be entitled to; and in case of vacancy, other than a temporary absence or disability, the person exercising the office of mayor shall become mayor. Thereupon the council shall elect from its membership a new president of the council.
(b) Whenever a vacancy shall occur in the office of council member, the governing body shall appoint an elector of the ward where the vacancy occurs to be council member for the balance of the unexpired term
(K.S.A. 14-308; C.O. No. 96-20; Code 2001, 1-105; Ord. 09-4573; Code 2014)
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 Cherryvale, 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. 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 Cherryvale, 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 2014)