Chapter 2.15
CITY COUNCIL – MAYOR

Sections:

2.15.010    Compensation.

2.15.020    Time of governing body meetings – To be open to the public.

2.15.030    Preparation of agenda.

2.15.040    Adding items.

2.15.050    Ordinances and resolutions.

2.15.060    Financial impact statement – When required.

2.15.070    Veto procedures.

2.15.080    Filling of vacancies in the office of mayor or councilmember.

2.15.090    Council districts.

    Cross References: Charter ordinance pertaining to city council and mayor, Appx. A, § A2-21 et seq.

    The following sections refer to city council and mayor responsibilities: Boards and commissions, Chapter 2.05 TMC; seal and crest, TMC 2.10.030; citizens government review committee, Chapter 2.13 TMC; city manager, TMC 2.14.010; city records, TMC 2.20.020, 2.20.070; departments, established positions, and employees, TMC 2.25.020, 2.25.050, 2.25.060, 2.25.100; board of building and fire appeals, Chapter 2.40 TMC; board of zoning appeals, TMC 2.45.020; human relations commission, TMC 2.55.030; landmarks commission, TMC 2.60.010; planning commission, TMC 2.65.020, 2.65.080, 2.65.100, 2.65.120, 2.65.130, 2.65.140, 2.65.150, 2.65.160; public building commission, TMC 2.70.020, 2.70.030; office of the arts, Chapter 2.75 TMC; sustainability advisory board, TMC 2.95.020; disaster assistance, TMC 2.100.030; community development, TMC 2.105.040, 2.105.060, 2.105.070, 2.105.090, 2.105.120; municipal court, TMC 2.110.100, 2.110.330; fire department, TMC 2.115.030; law enforcement, TMC 2.120.040, 2.120.090, 2.120.120; civil service for police officers and firefighters, TMC 2.125.030, 2.125.350; firemen’s relief association, TMC 2.130.050, 2.130.080; affirmative action programs, TMC 2.135.130; benefits, TMC 2.140.150, 2.140.170, 2.140.200, 2.140.260, 2.140.390; revenue and finance, TMC 3.05.020, 3.05.050; expenses and fees, TMC 3.10.020, 3.10.040; funds, TMC 3.25.040, 3.25.100, 3.25.110, 3.25.130, 3.25.150, 3.25.160; contracts and purchases, TMC 3.30.010, 3.30.020, 3.30.130, 3.30.310, 3.30.330, 3.30.340, 3.30.350; claims and awards, TMC 3.35.040; downtown business improvement district advisory board, TMC 3.40.040; special assessments, TMC 3.45.020, 3.45.090, 3.45.120; property taxes, TMC 3.55.010, 3.55.020, 3.55.040, 3.55.050, 3.55.060, 3.55.070, 3.55.080, 3.55.110, 3.55.120, 3.55.150; reimbursement of motor and special fuel tax to mass transportation system, Chapter 3.60 TMC; business improvement district advisory board, TMC 3.65.040; business licenses, TMC 5.05.100, 5.05.110; alarm business, TMC 5.15.080; all night retailers, TMC 5.20.070, 5.20.080; ambulance services, TMC 5.25.030, 5.25.060, 5.25.080, 5.25.090, 5.25.100; automobile buses, TMC 5.35.030, 5.35.060; bathhouses and massage salons, TMC 5.40.050, 5.40.100, 5.40.120; cereal malt beverage retailers, TMC 5.55.070, 5.55.100, 5.55.110, 5.55.150; dances and dancehalls, TMC 5.65.100, 5.65.130; merchant or private police, TMC 5.90.130, 5.90.140; secondhand dealers, TMC 5.140.030; septic tank cleaners, TMC 5.145.020; taxicabs, TMC 5.155.030, 5.155.070, 10.65.120, 10.65.130; tree, shrub and vine services, TMC 5.165.100; burglar and holdup alarm systems, TMC 8.05.060; vacant property registration, TMC 8.65.010; fire insurance proceeds, TMC 8.80.020; advertising, TMC 9.10.010; alcoholic beverages, TMC 9.15.020; offenses against public peace and order, TMC 9.45.170; general rules of vehicle operation, TMC 10.20.040; stopping, standing and parking, TMC 10.60.080, 10.60.120, 10.60.200; zoological park, TMC 11.35.040; streets, sidewalks and public property, TMC 12.05.040, 12.05.080, 12.05.110; obstructions and encroachments, TMC 12.10.010; private streets, TMC 12.15.020, 12.15.030; railroads, TMC 12.25.020; sidewalk construction and maintenance, TMC 12.35.060; street and highway construction, TMC 12.45.020; street parking, TMC 12.50.030, 12.50.040; trafficway impact fees, TMC 12.55.060, 12.55.100, 12.55.120, 12.55.130; vacating streets, alleys and easements, TMC 12.60.010, 12.60.020; special events – parades – block parties, TMC 12.70.050, 12.70.070, 12.70.130; utilities, TMC 13.05.017, 13.05.060, 13.10.030, 13.10.050, 13.10.310, 13.10.497, 13.10.650; sewers and sewage disposal, TMC 13.20.100, 13.20.680; stormwater utility, TMC 13.25.030, 13.25.120; building permits, TMC 14.10.070; building code, TMC 14.20.060; mechanical code, TMC 14.50.030; construction adjacent to flood control levees, TMC 17.20.050; floodplain management, TMC 17.30.070; comprehensive metropolitan plan, TMC 18.05.010, 18.05.030, 18.05.040; subdivisions, TMC 18.35.210, 18.35.230, 18.35.240, 18.35.250, 18.40.020, 18.45.010, 18.45.040, 18.45.050, 18.45.070, 18.45.080; zoning, TMC 18.50.080, 18.50.090, 18.50.100, 18.65.030, 18.70.030, 18.75.030, 18.80.030, 18.85.030, 18.90.030, 18.95.030, 18.100.030, 18.105.030, 18.125.030, 18.130.030, 18.135.030, 18.140.030, 18.145.030, 18.150.030, 18.155.030, 18.165.030, 18.170.030, 18.180.030, 18.185.050, 18.190.040, 18.190.050, 18.190.060, 18.190.070, Chapter 18.225 TMC, TMC 18.240.040, Chapter 18.245 TMC, TMC 18.265.030; conditional use permits, Chapter 18.215 TMC; communication towers, TMC 18.250.020; historic preservation, TMC 18.255.030, 18.255.040, 18.255.060, 18.255.110, 18.255.120; wind energy, TMC 18.265.030; neighborhood conservation districts, TMC 18.270.020, 18.270.030, 18.270.060, 18.270.070.

2.15.010 Compensation.

The salaries of the mayor and councilmembers shall be in the following amounts, per annum:

(a) Mayor, $40,000 effective January 1, 2017.

(b) Each councilmember, $20,000 effective January 1, 2017.

(c) That the salaries of the mayor and councilmembers will be considered every four years hereafter in conjunction with the normal budget process; and, further, that if any adjustments are deemed appropriate, said adjustments will reflect the change in the consumer price index for all urban consumers as published by the United States department of labor for the preceding cumulative calendar years. (Ord. 20042 § 1, 12-13-16.)

    Cross References: Restrictions on compensation of mayor and council, Appx. A, § A2-27.

2.15.020 Time of governing body meetings – To be open to the public.

(a) The governing body shall meet in the council chambers/municipal court complex on the second floor of the municipal building, the first three Tuesdays of each month at 6:00 p.m. except that the governing body shall meet on the second Monday, rather than the second Tuesday, in the month of January following the general municipal election.

(b) Notwithstanding subsection (a) of this section, when the date of a meeting falls on a legal holiday or any city primary or general election, the meeting may be rescheduled to another day fixed in advance by the governing body.

(c) Notwithstanding subsection (a) of this section, a meeting may be canceled under any of the following circumstances; provided, that the number of meetings in a month is not less than that required by Appendix A, Section A2-26:

(1) By a majority vote of the governing body;

(2) When the mayor, with the concurrence of the deputy mayor, determines that special circumstances exist, including but not limited to the scheduling of a special event or a lack of agenda items; or

(3) By the city manager in the event of inclement weather. (Ord. 20009 § 1, 6-21-16.)

2.15.030 Preparation of agenda.

The city manager shall prepare the agenda for all council meetings. The city clerk shall prepare and circulate the agenda containing the items of business to be considered by the council. (Ord. 19875 § 1, 1-14-14.)

    Cross References: City clerk, TMC 2.30.010.

2.15.040 Adding items.

Items may be added to the agenda at council meetings. The item to be added shall be introduced at the beginning of the meeting by the city clerk. The councilmember(s) or the city manager who wishes to have an item added to the agenda shall explain for the record the necessity for adding the item, and the item shall only be added if its addition is approved by a majority of the council. (Ord. 19875 § 1, 1-14-14.)

    Cross References: City clerk, TMC 2.30.010.

2.15.050 Ordinances and resolutions.

(a) The title of every ordinance and resolution shall summarize the subject matter of the ordinance, and shall set forth the name of the city manager, councilmember or members introducing each ordinance and resolution to the city council.

(b) When any ordinance or resolution is amended, a draft shall be prepared and circulated to the members of the city council in such a manner that material proposed for elimination shall be shown stricken and material proposed for addition shall be underlined. (Ord. 18381 § 4, 1-25-05; Ord. 17269 § 1, 6-2-98; Ord. 17226 § 9, 1-27-98. Code 1995 § 2-30.)

2.15.060 Financial impact statement – When required.

(a) Financial impact statements shall be provided for all ordinances or amendments to any ordinance introduced to the city council which would increase or decrease city revenues, make city appropriations or increase or decrease existing appropriations or the fiscal liability of the city, or impose functions or responsibilities on the city which will increase its expenditures or fiscal liability.

(b) The financial impact statement required by this section shall, if possible, include a reliable estimate in dollars of the anticipated change in revenue, expenditures or fiscal liability under the provisions of the ordinance or amendment. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the statement shall contain information to that effect, setting forth the reasons why no dollar estimate can be given.

(c) No comment or opinion shall be included in the statement regarding the merits of the measure for which the statement is prepared. (Ord. 17226 § 10, 1-27-98. Code 1995 § 2-31.)

2.15.070 Veto procedures.

(a) General Procedures.

(1) The mayor, following council adoption of an ordinance for which state law gives the mayor the right to veto, may, on or before the next governing body meeting, exercise veto authority as provided by law. If the veto authority is not so exercised, the ordinance shall then take effect without the mayor’s signature. If the mayor fails to exercise the veto authority and fails to sign the ordinance on or before the next governing body meeting, the city clerk shall endorse at the end of the ordinance that it took effect without the signature of the mayor.

(2) Neither the deputy mayor, any councilmember, or any other person shall have the authority to exercise the mayor’s veto authority.

(3) If the mayor exercises veto authority, the veto shall be established by a written statement giving the objections and reasons. The statement of objection shall be presented to each councilmember, whereupon the councilmembers shall have 30 days to override the mayor’s veto by a vote of at least seven councilmembers.

(4) The question to override may be placed before the council, whether or not on the agenda, by any member of the council.

(b) Veto Authority. Substantial compliance by the mayor with the procedures stated in this section shall be deemed an effective exercise of veto authority. (Ord. 20009 § 2, 6-21-16.)

    Cross References: City clerk, TMC 2.30.010.

2.15.080 Filling of vacancies in the office of mayor or councilmember.

Subject to Appendix A, Section A2-29, as amended, the following process shall be followed when filling vacancies in the offices of mayor or councilmember:

(a) Within one week of a vacancy in the office of mayor or councilmember, the city clerk shall cause to be published in the official city newspaper a notice that applications are being sought for the filling of the open position.

(b) The deadline for applications shall be at 5:00 p.m. on the day two weeks from the date of publication of the notice for the office of councilmember and four weeks from the date of publication of the notice for the office of mayor. Applications shall be submitted to the city clerk.

(c) The application shall include the following information:

(1) A statement of qualifications and personal background.

(2) A statement addressing why the applicant wishes to serve in the office of mayor or councilmember (as applicable).

(3) A statement addressing what the applicant sees as the number one problem facing Topeka city government and how the applicant would seek to address the problem if chosen to serve.

(d) Application for the office of mayor shall include the $100.00 filing fee or a petition signed by 100 qualified electors of the city or one percent of the cast vote in the last city general election. Application for the office of district councilmember shall include the $50.00 fee or a petition signed by 50 qualified electors of the council district.

(e) Unless an alternative date and/or time is established by the governing body, the members shall interview each applicant at the next governing body meeting following the application deadline.

(f) At least one day prior to the interview date, the mayor and councilmembers may each submit one question to be asked of all applicants during the interviews.

(g) Interviews shall be conducted in the order that applications are received.

(h) Interviews shall consist of an opening statement by the applicant and the asking and answering of all submitted questions.

(i) At the conclusion of the interviews the governing body may conduct an election to fill the vacant position, subject to the following rules:

(1) The election shall be conducted only during a governing body meeting. The election may be deferred to a subsequent meeting. In no event shall an election be deferred later than the next governing body meeting.

(2) Each councilmember and the mayor shall vote for one person on each ballot by indicating in writing his or her choice and signing the ballot before submitting it to the city clerk.

(3) The city clerk shall read the result of each ballot.

(4) Balloting shall end any time one applicant receives a majority vote of the remaining members of the governing body.

(5) If no applicant receives a sufficient number of votes, additional ballots shall be cast until one of the applicants receives a sufficient number of votes or the matter is deferred until a date certain, which shall not be later than the next governing body meeting.

(6) The council and mayor may confer after any ballot in any manner consistent with the Kansas Open Meetings Act. (Ord. 20009 § 3, 6-21-16.)

    Cross References: City clerk, TMC 2.30.010.

2.15.090 Council districts.

The districts from which the city of Topeka councilmembers shall be nominated shall be based on the ward and precinct descriptions as follows, effective January 1, 2013:

 

District Number

Ward

Precinct

1

2

11

 

3

1, 2, 3, 4, 5, 6, 7, 8, 9, 10

 

4

14

 

7

1, 2, 3, 7

2

1

1, 2, 3, 4, 5, 6, 7, 8

 

2

1, 2, 3, 5, 8, 9, 10

3

2

4, 6, 7

 

4

1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 15

 

6

1

4

4

7, 8

 

5

1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 91

 

15

1, 2, 3, 4

5

5

7

 

6

2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13

 

9

4, 5, 6, 9, 10, 11

 

12

12

6

7

5, 6, 10, 11

 

8

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11

 

9

1, 2, 3, 12

7

9

8

 

11

10

 

12

5, 6, 7, 8, 9, 11, 16

 

13

1, 6, 7

 

14

1, 2, 3, 4, 5

8

11

4, 5, 6, 7, 8, 9

 

12

2, 3, 4, 13, 14, 15, 20, 31, 41

 

13

2, 4, 9, 12, 13, 21, 22

9

7

4, 9

 

10

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14

 

11

1, 2, 3

 

12

1, 19, 81, 91, 92, 93

 

13

3, 5, 8, 30

(Ord. 19785 § 1, 12-18-12.)