CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 2. GOVERNING BODY

The governing body of the city shall consist of five (5) commissioners to be elected as set out in Chapter 6 of this code.

(Code 1985; C.O. No. 14; C.O. No. 17; Code 2016)

It shall be the duty of the commission to pass all ordinances needful for the welfare of the city.  Except where a greater percentage for approval is required by law, no ordinance shall be valid unless a majority of all members of the commission vote in favor of the same.  The commission shall provide for such offices as shall be necessary to carry out the business of the city and determine salaries for the same.  All other powers now to be exercised by cities of the second class, or which shall hereafter be conferred upon them, shall be exercised by the commission, except to the extent they conflict with the powers of the city manager.

(C.O. No. 17; Code 2016)

The governing body shall have the care, management and control of the city and its finances and shall have 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.

(Code 1985)

(a)   The commission shall determine its own order of business, and shall annually, in January of each calendar year or as soon as reasonably practical thereafter, choose its own chairperson from among the commissioners.  The chairperson shall have the title of mayor during the year of his or her office.

(b)   The Mayor shall serve as the official head of the city on formal occasions.  The mayor shall preside at all meetings of the city commission, except as herein otherwise provided.  The mayor shall sign all ordinances passed by the city commission and shall have the right to vote as a member of the board on all questions which may arise, but the mayor shall have no veto power.  The mayor shall also execute formal agreements requiring the signature of the mayor, but shall have no administrative duties.

(C.O. No. 17; Code 2016)

The commission shall choose a vice-chairperson annually, who shall have the title of vice-mayor during the year of his or her office.  In the absence of the mayor, the vice-mayor shall preside at all meetings of the city commission and shall otherwise exercise the duties of mayor.

(C.O. No. 17; Code 2016)

In case of any vacancy from any cause in the office of mayor or any commissioner, the remaining members of the city commission within ten (10) days after the occurrence of the vacancy shall elect some suitable person to fill the vacancy for the balance of the unexpired term of such office.  If the remaining members cannot agree upon some such suitable person, then they shall call in the then municipal judge who shall cast the decisive vote for such appointment.  The resignation of the mayor or any commissioner elected shall be made in writing for their action thereon.  If the mayor or any commissioner shall remove from the territorial limits of the city, such removal shall ipso facto be deemed to create a vacancy in such person’s office.

(C.O. No. 17; Code 2016)

There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city commission meetings of the City of Eudora, 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 Eudora, 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 2016)

All persons affected by any past action or proposed action or conduct of the city shall be entitled to be heard in a hearing conducted by the governing body concerning the past action, the proposed action or conduct by the city, and for any and all claims against the city. All interested parties may attend and participate in the hearing. Any person aggrieved by any action of the city shall be given an opportunity to be heard concerning the matter presented.

(Ord. 458; Sec. 1; Code 2016)

The governing body of the city shall be available for hearings so requested on the second and fourth Mondays of each month, commencing at 7:00 p.m. and the governing body may adjourn or continue the hearing to other times and places as may be required. Any person desiring a hearing shall give the governing body written notice delivered to the city clerk at least ten (10) days prior to the date for hearing. The notice shall state the name and address of the person to be heard and the subject for consideration at the hearing and shall also request the date desired to be heard. Upon receipt of the request, the city clerk shall furnish each member of the governing body with a copy of same, and shall place the matter for hearing on the agenda of the governing body on the date of the meeting specified in the request. Upon being called on the agenda, the governing body shall sit as a hearing board and receive any evidence and hear any arguments from those participating in the hearing. It shall be noted in the minutes of the governing body that the hearing was held, and the city attorney shall prepare additional minutes, findings of fact, and conclusions of law for the examination, amendment, or approval by the city governing body as required by circumstances. Once the minutes, findings and conclusions are approved, a copy of the document shall be mailed to the person requesting the hearing. This procedure shall be construed as an administrative remedy which must be exhausted by any person prior to commencing any form of legal action against the city.

(Ord. 999; Code 2016)