The governing body shall consist of a mayor and five councilmembers to be elected as set out in Chapter 6 and Appendix A of this code.

(Code 1971, 1-101, 1-103; Code 1985; C.O. No. 25; C.O. No. 26)

(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 accordance with the following procedures:

(1)          The City Clerk shall publish notice one time in a newspaper having general circulation in the City stating that the vacancy has occurred and that the governing body is seeking applicants to fill the vacancy.

(2)          Applicants shall have 15 days from the date of such publication to submit to the City Clerk: (i) a written statement expressing interest in being appointed to fill the vacancy; and (ii) a completed Statement of Substantial Interests as promulgated by the Kansas Governmental Ethics Commission.

(3)          The applicants shall be available for a public meeting to be scheduled by the Mayor so that the governing body may interview the applicants and consider any and all relevant factors of applicants.

(4)          Within a reasonable period of time, not to exceed 21 days after such public meeting, the council members shall provide to the Mayor written feedback regarding the applicants which may include identifying a preferred applicant to be appointed to fill the vacancy.

(5)          At a meeting of the governing body after the Mayor has received feedback from the council members, the Mayor shall announce the person to be appointed to the vacancy and the governing body shall take formal action on the Mayor’s appointment.

(b)     In case any person elected or appointed as a council member neglects or refuses to qualify within 30 days after the election, the council member shall be deemed to have refused to accept the office anda  vacancy shall exist. The Mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy in accordance with the procedures of subsection (a).

(c)      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.

(C.O. No. 2, Sec. 3; Code 1971, 1-101, Sec. 3; C.O. No. 25; C.O. No. 26)

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

(b)     In all cases it shall require a majority of the councilmen elect 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.

(C.O. No. 17, Sec. 2; Code 2005; C.O. No. 23; K.S.A. 15-106; Code 2011; Ord. 1293; Ord. 1356)

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.

(K.S.A. 15-301:305; Code 1971, 1-110; Code 1985)

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 but shall exercise no veto.

(K.S.A. 15-310:311; Code 1971, 1-111:112; Code 1985)

Standing committees of the governing body, each committee consisting of at least two council members, may be appointed by the mayor, by and with the consent of the council. The member first appointed shall be the chairperson of the committee. Special committees of the governing body may be appointed from time to time by motion duly made and carried for the purpose. The following standing committees may be appointed:

(a)      Finance;

(b)     Public Health and Safety;

(c)      Public Works;

(d)     Utilities; and

(e)      Community Development.

(Ord. 880, Sec. 1)

It shall be the duty of each committee to act promptly and faithfully in all matters referred to it and to make a report thereof at the next meeting of the governing body.

(Ord. 880, Sec. 2)

In the event of a catastrophe in which all, or a majority, of the members of the governing body are fatally injured, the interim governing body shall be composed of any remaining members of the governing body, the city clerk, city administrator, chief of police, director of public works, and director of electric utilities.

(Code 2005)

Each member of the council and the mayor shall receive for his or her services and as reimbursement for his or her expenses, compensation as follows:

(a)      The salary of the duly qualified and acting mayor of the city shall be the sum of $300.00 per month.

(b)     The duly elected, qualified and acting councilmembers of the city shall receive the sum of $40.00 per month.

(c)      Mileage at the standard mileage rate established by the most recent edition of the United States Internal Revenue Code for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or council.

(d)     Reimbursement for actual food and lodging expenses upon the performance of duties assigned by the council and/or mayor, provided such expenses shall be documented by proper receipts.

(Ord. 828, Sec. 1; Ord. 841, Sec. 1; Ord. 882, Sec. 1)

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 Baldwin City, Kansas, that certain code known as the “Code of Procedure for Kansas Cities,” Edition of 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 Baldwin City, 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; Ord. 1234)

(a)      All proposed ordinances shall first be read at a meeting of the Governing Body (the “Initial Reading”). Following the Initial Reading of a proposed ordinance occurs, members of the Governing Body may submit amendments to a proposed ordinance but no vote shall be taken to enact such proposed ordinance at that meeting. Any proposed amendment made at the Initial Reading shall be submitted to a vote of the Governing Body and, if approved by a majority, shall be incorporated into the proposed ordinance.

(b)     At a meeting of the Governing Body subsequent to the meeting at which the Initial Reading was made, the proposed ordinance, as such may have been amended at the meeting of the Governing Body at which the Initial Reading was made, shall be submitted to the Governing Body for a vote as to whether such proposed ordinance should be enacted. After discussion by the Governing Body of the proposed ordinance and further amendment (if any) of the proposed ordinance, the Mayor or presiding member of the Governing Body shall present the proposed ordinance to the Governing Body for vote.

(c)      The vote on the final passage of an ordinance shall be taken by yeas and nays, which shall be entered on the journal by the clerk; and no ordinance shall be valid unless a majority of (except as otherwise required by law) the members of the council vote in favor thereof.

(d)     No ordinance shall contain more than one subject, which shall be clearly expressed in its title, and no section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the section or sections amended shall be repealed.

(e)      In the case of an emergency as declared by a majority vote of the Governing Body, the requirements of this Section 1-211 may be waived. An ordinance presented under emergency conditions must be approved by a super-majority vote.

(K.S.A. 12-3002; 3004; Ord. 1093, Sec. 1; Code 2008; Ord. 1093B)