CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 1. GOVERNING BODY

The regular meetings of the Governing Body of the City of Andover, Kansas shall be held semi-monthly on the second and last Tuesday of each month, in the Council Chambers in the City Hall of Andover, Kansas, commencing at 7:00 p.m.  In addition to the foregoing regular meetings there shall also be a monthly workshop meeting on the last Monday before the last Tuesday of each month, which meeting shall be at the Central Park Lodge and which shall commence at 6:00 p.m.  The Council shall be permitted to conduct any business which comes before it during any one of the three regular meetings established herein with the primary purpose of the workshop meeting being to provide the Council with a regular time during which to discuss and establish policy and to devote its attention to issues requiring in-depth analysis.  At any time during a State of Emergency described in Section 1-102.2, the Mayor may cancel any City Council, Planning Commission or other municipal government meeting which he or she deems non-essential with advance notice to the affected body, so long as the remainder of regular meetings shall fulfill the requirements of Kansas Law.

(K.S.A. 14-111; C.O. 14, Sec. 3; Ord. 229; Ord. 1054; Ord. 1161; Ord. 1207; Ord. 1300; Ord. 1589; Ord. 1757)

All powers conferred upon cities of the second class by the laws of the State of Kansas shall be exercised by the governing body subject to such limitations as may be prescribed by law.  All executive and administrative authority granted or limited by law shall be vested in the Mayor and council of the City of Andover, as the Governing Body of said City.

(K.S.A. 12-103; Ord. 1, Sec. 2)

During a state of emergency and in the absence of the Mayor, the office of the Mayor shall be filled by the President of the City Council during the absence of the Mayor.  In the further absence of the President of the Council, the office of Mayor shall be filled by the member of the City Council with the most seniority as a member of the Governing Body, and in the absence of all members of the Governing Body, the office of the Mayor shall be filled by the City Administrator, whose privileges and duties however shall be limited to the declaration of a state of emergency in order to secure emergency aid assistance from federal, state, and county agencies formed for the purpose of responding to emergency situations.

(Ord. 1307, Sec. 1)

Section 102.1 shall be applicable only to circumstances in which a state of emergency exists within the City of Andover, Kansas.  For purposes of this section a state of emergency shall be deemed to exist whenever circumstances exist which have given rise or are imminently likely to give rise to widespread property damage, bodily injury or death within the City of Andover, Kansas.  Such circumstances may include but are not limited to a tornado strike or strikes, widespread flooding, widespread fire or the escape of hazardous materials or rioting within the City of Andover, Kansas.  The provisions contained within this section shall no longer be applicable upon the cessation of circumstances giving rise to the state of emergency.

(Ord. 1307, Sec. 1)

The Mayor shall communicate to the City Council such information and recommend such measures as may be deemed advisable.  The Mayor shall have the power to approve or veto any ordinance in such a manner as the laws of the state shall prescribe.  The Mayor shall be the official head of the City on formal occasions.  The Mayor shall preside over the City Council and shall vote only in the case of a tie, subject to such restrictions as are imposed by law.  The Mayor shall be responsible for the enforcement of the laws and ordinances and for the proper discharge of the duties of respective city administrative officers and employees.  The Mayor with consent of council may hereafter by resolution create such departments and officers in said city as are not incompatible with the laws of the State of Kansas, and may establish such fidelity bonds for employees as meet with the approval of the Governing Body.

(K.S.A. 14-301; Ord. 1, Sec. 3, Sec. 5; C.O. 14, Sec. 3)

In the absence of the Mayor, the president of the council shall preside at meetings of the Governing Body.  In the absence of the Mayor and president of the council, the council shall elect one (1) of its members to preside who shall be styled “Acting President of the Council.”  The president of the council and acting president, when occupying the place of the Mayor as presiding officer shall have the same privileges as other members of the governing body.

(K.S.A. 14-308; C.O. 14, Sec. 3)

The Governing Body shall, at the second regular meeting of the Council in January following any November city election, elect one of its members as “President of the Council.”  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, and all the rights, privileges and jurisdiction of the Mayor, until such vacancy is filled at the next city election or until such disability be removed, or in the case of temporary absence, until the Mayor shall return. Upon any vacancy of the President of the Council, the Governing Body shall elect from its membership a new President of the Council.

(K.S.A. 14-204; K.S.A. 14-308; C.O. No. 14, Sec. 3; C.O. No. 23; C.O. No. 25A)

(a)   In case of a vacancy in the office of Council Member occurring by reason of resignation, death, or removal from office or from the City, the Mayor, by and with the consent of a majority of the remaining Council Members, shall appoint some suitable elector of the City to fill the vacancy until the next election for that Council Member’s position. In case the President of the Council shall become the permanent Mayor, a vacancy shall occur in the office of the Council Member becoming Mayor.

(b)   The procedure for filling vacancies in the governing body shall apply, provided such vacancies have been filled within 60 days of the vacancy.  If a vacancy is not filled within 60 days of the vacancy, the Kansas statutory procedure to fill vacancies shall apply.

(K.S.A. 14-308; C.O. No. 14, Secs. 2:3; Code 2011; K.S.A. 12-104a; C.O. No. 23)

Any special meeting may be called by the Mayor on the written request of not less than three (3) members of the Council addressed to the Mayor, specifying the object and purpose of the meeting, which request must be read at the meeting and entered at length on the Journal.

(Ord. 2, Sec. 2.)

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 City Police commanding him to arrest such absentee members and bring them forthwith before the Council and the Council may fine such absentees in any amount not exceeding ten dollars ($10.00) unless a reasonable excuse be offered.

(Ord. 2, Sec. 3.)

Any regular or special meeting of the Governing Body may be adjourned for the completion of its business at such subsequent time and place as the Governing Body may determine in the motion to adjourn.

(Code 2011)

No ordinance shall be adopted by the City of Andover, Kansas without the same being read and considered by a quorum of the Governing Body.  Unless otherwise required by applicable law, an ordinance shall take effect upon its passage by a majority vote of a quorum of the Governing Body and upon its publication in the official city newspaper.

(Ord. 980)

The Governing Body of the City shall designate by resolution from time to time an official city newspaper that meets one of the qualifications set forth below. Once designated the publication method shall be the official city newspaper until such time as the governing body designates a different official city newspaper by resolution.

(a)   The newspaper selected as the official city newspaper may be a printed newspaper which has the following qualifications: (i) It must be published at least weekly 50 times each year and have been so published for at least one year prior to the publication of any official city publication; (ii) It must be entered at the post office of publication as second class mail matter; (iii) More than 50% of the circulation must be sold to the subscribers either on a daily, weekly, monthly or yearly basis; and (iv) It shall have general paid circulation on a daily, weekly, monthly or yearly basis in the county and shall not be a trade, religious or fraternal publication; or

(b)   In the alternative, the official city newspaper may be a designated website which has the following qualifications: (i) It must be a public facing website available to website users at all times, except during website maintenance as reasonably determined necessary by the City Administrator; (ii) The website must be the easily accessible from the City's website home page (https://www.AndoverKS.com); (iii) It must be available to website users free of charge; and (iv) All current notices and unrepealed ordinances uploaded to the website for publication shall be uploaded in their entirety during any period they are in effect.

(c)   The City hereby designates the official city newspaper to be https://www.AndoverKS.com, which is commonly referred to as City of Andover, Kansas' website.

(C.O. No. 25B; Res. 22-02)