CHAPTER I. ADMINISTRATION
Article 1. General
Article 2. Governing
Article 3. Officers
Article 4. Oaths
Article 5. Personnel
and Employee Benefits
Article 5a. Personnel
Article 6. Elections
Article 7. Investment
of Idle Funds
Article 8. Open
ARTICLE 1. GENERAL PROVISIONS
DESIGNATED. The chapters, articles
and sections herein shall constitute and be designated as "The Code of the
City of Hugoton, Kansas," and may be so cited.
The Code may also be cited as the "Hugoton City Code." (Code
AND RULES OF CONSTRUCTION. In the
construction of this code and of all ordinances of the city, the following
definitions and rules of construction shall be observed, unless they are
inconsistent with the manifest intent of the governing body or the context
clearly requires otherwise:
The words "the city" shall mean the City of Hugoton, Stevens
(b) Computation of Time.
The time within which an act is to be done shall be computed by excluding
the first and including the last day. If
the last day is Sunday, that day shall be excluded.
The words "the county" mean the County of Stevens in the State
(d) Joint Authority.
All words giving a joint authority to three or more persons or officers
shall be construed as giving such authority to a majority of such persons or
The word "may" permits discretion to act.
Words used in the singular include the plural and words used in the
plural include the singular.
The word "oath" includes an affirmation in all cases in which,
by law, an affirmation may be substituted for an oath, and in such cases the
words "swear" and "sworn" are equivalent to the words
(h) Or, And.
The word "or" may be read as "and," and the word
"and" as "or," where the sense requires it.
The word "owner" applied to a building or land, shall include
not only the owner of the whole, but any part owner, joint owner, tenant in
common or joint tenant of the whole or a part of such building or land.
The word "permit" means to permit, suffer, establish or
The word "person" includes an individual, a firm, partnership,
association of persons, corporation, organization or any other group acting as a
(l) Personal Property.
The words "personal property" include every species of
property, except real property.
(m) Preceding, Following.
The words "preceding" and "following" mean next
before and next after, respectively.
(n) Real Property.
The words "real property" include lands, tenements and
The word "shall" makes action mandatory.
The word "sidewalk" means any portion of a street right-of-way
intended for the use of pedestrians.
The word "street" means and includes public streets, avenues,
boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches
thereto, and all other public thoroughfares within the city.
(r) Tenant, Occupant.
The words "tenant" and "occupant" applied to a
building or land, mean any person who occupies the whole or a part of such
building or land, whether alone or with others.
Words used in the past or present tense include the future as well as the
past and present.
(t) Writing, Written.
The words "writing" and "written" include
typewriting, printing on paper or any other mode of representing words and
The word "year" shall mean a calendar year.
AND REFERENCE MATTER. The matter in
parentheses at the end of sections is not a part of the code but is designed to
show the source and legislative history and the text may or may not be changed
by this code. Reference matter not
in parentheses is for information only and is not a part of this code.
1-104. CATCHLINES OR
HEADINGS OF SECTIONS. The catchlines
or headings of the sections of this code are intended as mere catch words to
indicate the contents of the sections and shall not be deemed or taken to be
titles of such sections, nor as any part of any section, nor, unless expressly
so provided, shall they be so deemed when any section, including its catchline,
is amended or reenacted. (Code 1983)
NUMBERS. The number preceding the
catchline or heading of a section is for the purpose of indexing, citing,
amending and repealing. The figure
preceding the hyphen indicates the chapter number.
The digit or digits immediately following the hyphen indicates the
article number and the following digit or digits indicate the section number of
the article. Thus, 13-116, means
chapter 13, article 1, section 16. The
entire number, e.g. 13-116, is a section number of this code and is to be cited
as "Section 13-116 of The Code of the City of Hugoton, Kansas."
REPEAL. Any portion of this
code may be amended by specific reference to the section number as follows:
"That section ______ of the code of the City of Hugoton is hereby
amended to read as follows: (the new
provision shall then be set out in full)..."
A new section not heretofore existing in the code may be added as
follows: "That the code of the
City of Hugoton is hereby amended by adding a section (or article or chapter)
which reads as follows:...(the new provisions shall be set out in full)..."
All sections, or articles, or chapters to be repealed shall be repealed
by specific reference as follows: Section
(or article or chapter)________ of the code of the City of Hugoton is hereby
repealed." (Code 1983)
The ordaining clause of all ordinances shall be:
"Be it ordained by the governing body of the City of Hugoton."
All ordinances shall be read and considered at a public meeting of the
governing body at which time amendments may be made to any section or sections
upon motion duly made and carried. The
vote on final passage of the ordinance shall be taken by "yes's" and
"no's" which shall be entered on the journal of proceedings of the
governing body by the city clerk. No
ordinance shall be passed unless a majority of all the members of the governing
body elect shall vote in favor thereof. Except,
where the number of favorable votes is one less than required, the mayor shall
have power to cast the deciding vote in favor of the ordinance.
(K.S.A. 12-3002; Code 1983)
PUBLICATION. No ordinance, except
those appropriating money, shall be in force until published in the official
city newspaper by the city clerk. One
publication of any such ordinance shall be sufficient unless additional
publications are required by statute or ordinance.
The publisher of the newspaper shall prefix such published ordinance by a
line in brackets stating the month, day and year of such publication.
(K.S.A. 12-3007; Code 1971, 1-115)
ORDINANCE BOOK. Following final
passage and approval of each ordinance, the city clerk shall enter the same in
the ordinance book of the city as provided by law.
Each ordinance shall have appended thereto the manner in which the
ordinance was passed, the date of passage, the page of the journal containing
the record of the final vote on its passage, the name of the newspaper in which
published and the date of publication. (K.S.A.
12-3008; Code 1971, 1-115)
MOTIONS. Except where a state
statute or city ordinance specifically requires otherwise, all resolutions and
motions shall be passed if voted upon favorably by a majority of a quorum of the
council. (Code 1983)
GOVERNMENT. 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 the surviving
members, the city attorney, the city clerk, and a sufficient number of the
appointed officials selected in the order of the greatest seniority in office to
make up a governing body of the prescribed number.
1-112. CONFLICT OF
No city officer or employee shall be a signatory upon, discuss in an
official capacity, vote on any issue concerning, or otherwise participate in his
or her capacity as a public official or employee in the making of any contract
with any person or business:
(1) In which said officer or
employee owns a legal or equitable interest exceeding five thousand dollars or
five percent, whichever is less, individually or collectively with his or her
(2) From which said officer
or employee receives, in the current or immediately preceding or succeeding
calendar year, any salary, gratuity, other compensation or a contract for a
promise or expectation of any such salary, gratuity or other compensation or
remuneration having a dollar value of one thousand dollars or more; or
(3) In which he or she shall
hold the position of officer or director, irrespective of the amount of
compensation received from or ownership held in said business.
(b) The prohibitions
contained in subsection (a) of this section shall not apply to the following:
(1) Contracts let after
competitive bidding has been solicited by published notice; and
(2) Contracts for property or
services for which the price or rate is fixed by law.
(K.S.A. 75-4301; Code 1983)
If for any reason any chapter, article, section, subsection, sentence,
clause or phrase of this code, or the application thereof to any person or
circumstance, is declared to be unconstitutional or invalid such decision shall
not affect the validity of any remaining chapter, article, section, subsection,
sentence, clause or phrase of this code. (Code
1-114. SCOPE OF
The doing of any of the acts or things prohibited, made unlawful, or
misdemeanor, or the failing to do any of the things commanded to be done, as
specified and set forth in this code, within the jurisdictional limits of the
city shall be deemed an offense against the good order, public peace, morals,
health, proper government and welfare of the city.
(b) Any person convicted of
violating subsection (a) of this section shall be deemed guilty of a misdemeanor
and punished as provided in section 1-115 of this article.
(c) Each day any violation of
this code continues shall constitute a separate offense.
Whenever any offense is declared by any provision of this code, absent a
specific or unique punishment prescribed, the offender shall be punished as
provided in this section:
(a) Fined not less than $10
nor more than $1,000; or
(b) Imprisonment in the city
jail for not more than 180 days; or
(c) Both fined and imprisoned
not to exceed subsections (a) and (b) of this section.
ARTICLE 2. GOVERNING BODY
BODY DEFINED. The term
"governing body" as used in this code shall be defined to include the
mayor and members of the council of the City of Hugoton.
(Code 1971, 1-101)
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-council of the City of Hugoton as the governing body of the city.
(b) 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 1971, 1-102:103)
MEETINGS OF COUNCIL. The governing
body shall have regular meetings on the first Monday after the fourth day of
each month at the hour of 7:30 p.m., and shall convene in the council chamber in
the city hall. When a day fixed for
a regular meeting shall fall on a legal holiday, the regular meeting of the
governing body shall convene on the succeeding secular or business day at the
appointed hour. (K.S.A. 14-111; Code
MEETINGS. Special meetings of the
governing body may be called by the mayor (or president of the council in the
absence of the mayor from the city) on the written request of any three (3)
members of the governing body specifying the object and purpose of such meeting.
The request shall be read at the meeting and entered at length on the
journal by the city clerk. The call
of the mayor for any such special meeting shall be endorsed upon the written
request and shall specify the time and place of such meeting, and shall be filed
with the city clerk. Thereupon, the
city clerk shall give notice of such meeting to each member of the governing
body. (K.S.A. 14-111; Code 1971,
MEETING; TIME AND PLACE. 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
ATTENDANCE OF MEMBERS. At all
meetings of the governing body, a majority of the councilmen-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 governing body by
attachment issued in the name of the city and directed to the chief of police
demanding him to arrest such absent members and bring them before the governing
body. (Code 1971, 1-107)
The mayor shall preside at all meeting of the governing body and shall
have a casting vote when the governing body is equally divided and none other.
(K.S.A. 14-301; Code 1971, 1-108)
1-208. SAME; ABSENCE
OF MAYOR. In the absence of the
mayor, the president of the council shall preside at meetings of the governing
body. In the absence of both the
mayor and president of the council, the governing body shall elect one 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 council.
(K.S.A. 14-204; Code 1971,
1-209. PRESIDENT OF
COUNCIL. The governing body shall,
at its first regular meeting in the month of May following any city election,
elect one of its members as "President of the Council."
When any vacancy shall happen in the office of the mayor, 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, until such vacancy be
filled at the next city election or until such disability be removed, or in the
case of temporary absence, until the mayor shall return.
(K.S.A. 14-204; Code 1971, 1-110)
COMMITTEES. Standing committees of
the governing body shall consist of not more than two members each to be
appointed by the mayor by and with the consent of the governing body at the
first regular meeting of the governing body in the month of May following the
city election. 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) Street and Alley;
(b) Utility and Sanitation;
(Code 1971, 1-111)
POWERS. 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.
The governing body may designate whether the administration of a policy
or the carrying out of any order of the governing body shall be performed by a
council committee, an appointive officer of the city or the mayor.
If no administrative authority is designated by ordinance or other action
of the governing body, the authority shall be exercised by the mayor as provided
by law. (Code 1971, 1-112)
APPROVAL; VETO. An enrolled
copy of the ordinance as passed by the governing body shall be submitted to the
mayor for his or her approval. If he
or she approves it, he or she shall affix his or her signature thereto which
shall be attested by the city clerk over his or her signature and title under
the seal of the city. If the mayor
shall not approve any ordinance passed by the governing body, he or she shall
return the same with his or her objections in writing to the governing body at
the next regular meeting thereof. Any
ordinance so objected to and returned to the governing body may be passed over
the veto of the mayor at such meeting by the affirmative vote of two-thirds of
the council-elect and taken on roll call by "yes's" and
"no's" on motion offered by any member of the governing body.
Any such ordinance, so passed by the governing body and any ordinance
which the mayor shall neglect or refuse to sign, or to return to the council
with his or her objections in writing at the succeeding regular meeting of the
governing body shall be of full force and effect, without his or her signature
upon publication of the same as provided by law.
The city clerk shall enter a minute of any such proceeding in the journal
and endorse his or her certificate on such ordinance reciting that the ordinance
as passed over the veto of the mayor, or by reason of the failure of the mayor
to return the same with his or her objections in writing to the council at its
succeeding meeting, as the case may be. (K.S.A.
12-3003; Code 1971, 1-114)
1-213. REMISSION OF
FINES; PARDONS. The mayor shall have
power to remit fines and forfeitures, and to grant reprieves and pardons for
offenses arising under the ordinances of the city by and with the consent of the
governing body; but no such fine or forfeiture shall be remitted or pardon
granted, except at a legal session of the governing body, nor unless the reasons
therefor, together with the order of remission or pardon, be entered on the
journal by the city clerk. (K.S.A.
14-310; Code 1971, 1-116)
ARTICLE 3. OFFICERS AND
(a) The mayor, by and with
the consent of the council, shall appoint, at the first regular meeting of the
governing body in May of each year, the following city officers:
city clerk, city treasurer, chief of police, city attorney, judge of the
municipal court, chief and assistant chief of the fire department, city health
officer, city building inspector, superintendent of utilities, and may appoint
policemen and such other officers as they may deem necessary.
(b) Any officers appointed
and confirmed shall hold their offices for a term of one year and until their
successors are appointed and qualified or until their duties, powers and
responsibilities are transferred to another officer.
(K.S.A. 14-201; Code 1986)
All appointed officers shall be qualified electors of the city, except
that nonresidents may be appointed as municipal judge, city attorney, and as law
enforcement officers when deemed necessary.
1-303. CITY CLERK:
DUTIES. The city clerk shall:
(a) Keep his/her office in
the city building, which office shall be open at such business hours as may be
fixed by the council.
(b) Attend all meetings of
the council; make and keep a record of all proceedings and meetings of the
council in the journal of council proceedings.
In the absence of the clerk from any meeting, the presiding officer shall
appoint a member of the governing body to keep an account of the proceedings and
to report the same to the city clerk.
(c) Carry on all the official
correspondence of the city, giving the same prompt attention and shall present
for the consideration of the mayor and council at each meeting all
correspondence received and replies given by him or her.
(d) Have charge of the
corporate seal of the city and shall affix the same to the official copy of all
ordinances, deeds, contracts and similar documents required to be authenticated.
The clerk shall be authorized to administer oaths for all purposes
pertaining to the business affairs of the city.
(e) Be custodian of all the
city records, books, papers, contracts, petitions, documents and other personal
effects belonging to the city not properly pertaining to any other office and
shall keep suitable files and records of the same.
(f) Receive and audit all
claims against the city and shall present them for consideration of the
governing body at its regular meetings each month.
He/she shall draw warrants (or warrant checks) only when claims against
the city have been approved by the governing body.
(g) Report to the governing
body at its regular meetings each month the financial condition of the funds of
(h) Keep a separate account
of each fund of the city. No money
belonging to one fund shall be placed to the credit of another fund, or be
transferred to another fund unless there is lawful authority for the same.
(i) Assist in preparing the
annual city budget and any ordinance for the levying of taxes, and shall certify
the same to the county clerk in the form and manner required by law together
with a copy of the budget.
(j) Keep an accurate account
of all bonds issued by the city by date, number, amount thereof, rate of
interest, number of each coupon, amount of each, to whom payable, where payable
and when canceled upon return of the same to the city.
(k) Keep a record of all
special assessments made for any purpose and shall certify the assessments to
the county clerk for collection and payment in the manner provided by law.
(l) Act as the withholding
agent of the city for the purpose of the federal revenue (income) act as
authorized by K.S.A. 75-3042, and shall receive from each officer or employee of
the city the withholding certificate required by virtue of the revenue act.
He/she shall maintain a suitable record of the sums so withheld from
wages and salaries and remit the same at such times and in such form as may be
required by regulations. (Code 1983)
The city treasurer shall:
(a) Receive and safely keep
all moneys belonging to the city coming to him/her by virtue of his/her office,
giving his/her receipt therefor and for all moneys received by him/her from any
other source than the city clerk, he/she shall give duplicate receipts causing
one of them to be filed with the city clerk, and shall keep a copy thereof in
his/her own office.
(b) Keep proper accounts of
all moneys received and disbursed by him/her from any source and funds in behalf
of the city specifying the time of receipt and disbursement, from whom received
and to whom disbursed on account of the city.
(c) Publish or cause to be
published a quarterly financial statement of the city in the manner and style
required by K.S.A. 12-1608.
(d) Deposit all funds of the
city coming into his/her hands in his/her official capacity or responsibility in
a depository bank or
(e) Pay out funds of the city
upon warrants (warrant checks) properly signed by the mayor, the city clerk and
countersigned by him/her. He/she
shall cancel all warrants as soon as paid, and in canceling paid warrants, shall
write across the face of such warrant the word "Paid" in red ink and
sign the same. In case a combination
warrant check is used and such warrant is stamped by a depository bank of the
city, the endorsement of the treasurer will not be required.
(K.S.A. 9-1403; 12-608; K.S.A. Supp. 9-1401:1402; 10-801:809, Code 1983)
ATTORNEY: OFFICE AND DUTIES.
The office of city attorney is hereby provided and established.
The city attorney shall be an attorney admitted to practice by the
Supreme Court of the State of Kansas and a resident of Stevens County.
1-306. SAME; ATTEND
GOVERNING BODY MEETINGS. The city
attorney shall attend all meetings of the governing body.
He/she shall advise the governing body and all officers of the city upon
such legal questions affecting the city and its officers as may be submitted to
him. He/she shall, when requested by
the governing body, give his/her opinion in writing upon any such question.
He/she shall draft such ordinances, contracts, leases, easements,
conveyances and other instruments of writing as may be submitted to him/her in
the regular transaction of the affairs of the city.
He/she shall appear for the city in all cases arising under the city
ordinances before the municipal court or the district court of Stevens County
when the prosecution of any such case is necessary, and he/she shall, by
direction of the governing body, represent the city in all suits or proceedings
in which the city may have an interest before any other court, tribunal, board,
commission or officer of the State of Kansas before which such suit or
proceeding may be had. (Code
OF MUNICIPAL UTILITIES. There is
hereby established the office of superintendent of municipal utilities.
The superintendent of municipal utilities shall, as the governing body
may from time to time order and direct, have management of the waterworks and
power plant, highways and streets, sewer maintenance and sewage treatment plant,
parks and public grounds, refuse collection, and such other departments as may
hereafter be established by ordinance. (Code
1-308. SAME; DUTIES.
In carrying out the duties of his/her office, the superintendent of
(a) Have supervision over and
be responsible for the care and maintenance of all land buildings, and equipment
belonging to the city and used or operated in connection with the departments or
functions under his/her jurisdiction.
(b) Recommend to the
governing body projects for the improvement of the departments and functions
under his/her jurisdiction, and shall superintend the making of such
improvements as may be approved by the governing body.
(c) Employ such assistants,
engineers, linemen, mechanics, drivers, laborers and such other persons as may
be necessary for the operation of his/her department and shall assign their
duties and supervise their work.
(d) Attend all regular
meetings of the governing body. He/she
shall keep the governing body informed as to the condition of all properties of
the city in his/her charge and the progress of all work of his/her department,
and shall from time to time make such reports of the same in writing as maybe
required by the governing body. (Code
1971, 1-224:227; Code 1983)
SUPERINTENDENT OF MUNICIPAL UTILITIES. The
assistant superintendent of municipal utilities shall have the same powers
conferred upon the city superintendent. The
assistant superintendent, in the discharge of his/her duty, shall be subject to
the order of the superintendent of utilities.
(Code 1971, 1-228)
INSPECTOR. The building inspector
shall perform the duties of inspector of buildings and construction, plumbing
installations, gas installations, electrical wiring, building sewer drains and
sewer connections, and such other inspections as are now or may hereafter be
required by ordinance. (Code 1971,
OFFICER. The city health officer
shall be a doctor licensed to practice medicine in the state of Kansas and shall
be responsible for carrying out such duties as may be imposed by ordinance or
the laws of the state of Kansas. The
health officer shall be a member of the board of health and shall implement the
policies of such board. (Code 1983)
OFFICERS: GENERAL DUTIES.
The foregoing provisions of this article shall not be construed to limit
the duties of the city officers therein named, but shall in every case create
and establish a city office to be held and discharged by the officers whose
appointment is provided. The
governing body may create other city offices as may be required and may abolish
any office herein established which shall not have been created by the laws of
Kansas for cities of the second class. (K.S.A.
14-201; Code 1971, 1-230)
ASSISTANTS. The employment of
all city employees and office assistants shall be made under the authority of
and subject to the approval of the governing body.
(K.S.A. 14-201; Code 1971, 1-231)
ARTICLE 4. OATHS AND BONDS
REQUIRED. All officers and employees
of the City of Hugoton, whether elected or appointed, either under the laws of
the State of Kansas or ordinances of the city, shall, before entering upon the
duties of their respective offices, take and subscribe an oath or affirmation as
"I do solemnly swear (or affirm, as the case may be) that I will
support the constitution of the United States and the constitution of the State
of Kansas and faithfully discharge the duties of ____________ (here enter name
of office). So help me God."
(K.S.A. 54-106; 75-4308; Code 1971, 1-301)
1-402. OATHS FILED.
All officers and employees required by section 1-401 of this article to
take and subscribe or sign an oath or affirmation shall be supplied the
necessary forms for the purpose at the expense of the city and upon taking and
subscribing or signing any such oath or affirmation, the same shall be filed
with the city clerk. (Code 1971;
(a) The city treasurer shall,
before entering upon the duties of his/her respective office, give a good and
sufficient corporate surety bond to the city, in the amount of $10,000.
(b) All other city officers
and employees shall be covered by a blanket bond in the amount to be determined
by the governing body. (K.S.A.
14-205; Code 1971, 1-303; Code 1983)
1-404. CONDITION OF
BOND. All surety bonds required by
any provision of this article shall be conditioned for the faithful performance
of the duty and of all acts required by the laws of the State of Kansas and the
ordinances of the city, and for the application and payment over to the proper
persons of all moneys or property coming into the hands of each such officer or
employee by virtue of his/her office or employment.
(Code 1971, 1-304)
The premiums on all surety bonds required by this article shall be paid
as a claim against the city. (Code
1-406. APPROVAL OF
BONDS. All bonds given to the city
shall be approved as to form by the city attorney, and as to surety and
sufficiency by the governing body, unless otherwise provided by the laws of the
State of Kansas. (Code 1971, 1-306)
ARTICLE 5. PERSONNEL AND
1-501. CONDITIONS OF
EMPLOYMENT. The conditions of
employment and reemployment of officers and employees of the city shall be as
established and fixed by the governing body by resolution.
(Ord. 486, 1-405)
1-503. LENGTH OF
SERVICE; PROBATION. (a)
The anniversary of the employee's employment shall be used in calculating
length of service. An employee
employed less than six months time will be classified as a part-time or
temporary employee, depending on the assignment of duty.
An employee employed steadily for six months or more will be classified
as a full-time employee for calculating the employee's length of service.
(b) The period from the date
of employment to the date of regular status (365 days or one year) is known as
the employment probationary period for all new employees and/or former employees
being rehired. During such
probationary period, an employee's employment may be terminated at any time by
the city for any reason.
(c) All such employees, after
completion of the first six months of the employment probationary period will be
entitled to sick leave benefits as provided in section 1-514; and after
completion of the balance of the one year probationary period, such employees
will assume the status of regular employee and shall be eligible to participate
in all regular employee benefits. (Ord.
543, Sec. 1)
FIXED BY ORDINANCE AND RESOLUTION. (a) The
officers and employees of the city shall receive as full compensation for their
services sums of money to be determined by resolution, within the minimum and
maximum amounts of money, to be paid monthly as set out in subsection (b) of
(b) The following officers
and employees of the City of Hugoton shall receive monthly as full compensation
for all services required to be performed for and in behalf of the City the base
sum set out in the following specific titles and classifications.
Except as otherwise provided, such compensation shall be paid bi-weekly
or as the Governing Body may direct by resolution:
BASE PAY SCHEDULE
City Administrator/Clerk/Finance Director,
also be ex officio clerk of the
Assistant City Clerk
Outside Utilities Supervisor
Assistant Outside Utilities Supervisor
Power Plants Supervisor
Electric Distribution System Supervisor
Chief of Police
Golf Course Superintendent
Police Master Patrolman
Power Plant Operator
All other city employees under the
and control of the
Utilities Supervisor, Power
Supervisor, or Electric Distribution
All other city employees, including part-time employees, shall be paid on
an hourly rate of not less than the federal minimum wage but not more that
$10.00 per hour, to be determined by the governing body by resolution.
(Ord. 645, Sec. 1)
ANNUAL ADJUSTMENT. The
salaries and compensation paid to all city employees shall be subject to
adjustment annually at the first regular council meeting in each calendar year.
Factors to be considered in adjusting such salaries and compensation
shall be merit, length of employment, financial condition of the city and the
cost of living index established annually by the Bureau of Labor Statistics.
(Ord. 486, 1-511)
MAYOR; COUNCILMEMBERS. (a)
Mayor. The mayor shall
receive as compensation the sum of not less than $200 per month, nor more than
$500 per month; provided, however, that in no instance shall total compensation
paid in any one calendar year exceed the sum of $6,000.
Each councilmember shall receive as compensation the sum of not less than
$100 per month nor more than $250 per month; provided, however, that in no
instance shall total compensation paid to each councilmember in any one calendar
year exceed the sum of $3,000. (Ord.
645, Sec. 1)
ALLOWANCES. The governing body shall
from time to time fix allowances to be paid to officers and employees of the
city using their own automobiles, trucks or other equipment in connection with
their duties, or for other expenses incurred on behalf of the city on business.
(Ord. 486, 1-407)
1-508. RECORDS AND
MONTHLY REPORTS. Department heads
shall cause a suitable record to be made of the appointment of any assistant and
the salary to be paid and shall report such information to the city clerk for
presentation by him/her to the governing body for its approval.
Department heads are also to make monthly reports as to time spent in
each department or fund in order that each department may be properly charged
for such expenditure. (Ord. 486, 1-406)
SCHEDULE. Each city employee shall
receive his or her wages or salary on a bi-weekly basis with paychecks to be
issued on or before the first Thursday following the end of the pay period.
An advance on wages will be granted only in the case of an emergency and
then only by approval of the governing body.
(Ord. 486, 1-506)
1-510. WORK WEEK.
The work week for all employees of the city shall begin at 12:00 midnight
Sunday and end at 12:00 midnight the following Sunday.
For all employees, except the city clerk, superintendent of municipal
utilities, city treasurer, building inspector, city attorney, municipal judge,
janitor and the chief of police, a normal work week, unless other assigned shall
be 40 hours. (K.S.A. 44-1204; Ord.
1-511. (a) OVERTIME
City employees who are classified as executive, administrative or professional
and who are paid on a salary basis are exempt from overtime compensation. All
non-exempt city employees are eligible for overtime when they work more than 40
hours in one week. Overtime shall be paid at one and one-half times the base
salary rate. At the discretion of the applicable supervisor or the direction of
the city council, an employee can be dismissed early later in the week to avoid
the accumulation of an overtime obligation. (K.S.A. 44-1204; Ord. 655, Sec. 1)
(b) COMPENSATORY TIME Non-exempt city employees are also eligible to
choose compensatory time off, in lieu of overtime pay. The time off is to be
awarded at a rate of 1.5 hours of compensatory time for each hour of overtime
actually worked. Each eligible city employee may accumulate up to 40 hours or
five days of compensatory time. Any overtime worked, above the 40-hour cap for
accumulated compensatory time, shall automatically be paid as overtime wages in
the pay period worked. Only 18 days or 144 hours of compensatory time may be
taken off in the calendar year. Exception: Any eligible city employee with 40
years of service shall not be restricted by the annual cap. Any time accumulated
in excess of the annual cap shall be treated as overtime pay. Eligible city
employees will be allowed to take only 16 hours or two days of compensatory time
off at a time. However if compensatory time is taken off in conjunction with a
holiday or vacation, only eight hours or one day will be allowed. Because of the
shift work schedule, power plant operators will be allowed to take 16 hours or
two days in conjunction with their vacation. The 16-hour and 8-hour restrictions
are imposed to ensure the city will have sufficient staff available to perform
daily duties. An employee who has earned compensatory time shall be allowed to
use that time within a reasonable period of time after requesting its use. The
employer is permitted to deny a request to use compensatory time at any time, if
the employee’s absence would impose an unreasonable burden on the employer’s
ability to provide adequate services to the public. A mere inconvenience to the
employer is not sufficient reason to deny the use of compensatory time. If an
employee terminates his or her employment, any unused compensatory time shall be
paid to the employee as a part of the final payroll check. (Ord. 655)
1-512. ABSENCE FROM
WORK. All city employees who are
employed on a daily or hourly basis shall not be paid for time lost or for being
absent from work. (Ord. 486, 1-503)
Vacations for full-time city employees shall be allowed as follows:
(a) All employees shall be
allowed two weeks paid vacation, or ten working days, after completing one
complete year's service with the city.
(b) Three weeks, or 15 days,
paid vacation shall be allowed to each employee completing 10 full years of
service with the city.
(c) Four weeks, or 20 days,
paid vacation shall be allowed after completing 20 years of service with the
(d) All city employees
entitled to vacations as provided in (a), (b), or (c) of this section shall be
required to take their vacations within the calendar year.
No employee shall be paid additionally for working during his/her
vacation time. The superintendent of
municipal utilities shall approve the vacation times of all city employees under
his/her supervision and control. Vacation
times for all other city employees shall be subject to the approval of the
(e) No vacation time shall be
allowed to any employee whose employment is terminated for any reason between
the first and second anniversary dates of employment.
(Ord. 486, 1-504)
1-514. SICK LEAVE.
(a) Each fulltime employee
shall be allowed three-fourths day sick leave for every month of continuous
employment. Such sick leave shall be
accumulative from year to year to a maximum of 90 days.
Such accumulation shall not apply to probationary employees, as defined
in section 1-503 until the six-months probationary period has expired, at which
time such employee shall be credited with four and one-half days sick leave.
(b) No sick leave exceeding
two days shall be allowed unless, upon request, the employee furnishes to
his/her immediate supervisor within 24 hours after he/she returns to work a
written statement from a physician; certifying that his/her illness prevented
the employee from working and that the employee is physically able to return to
(c) Any employee receiving
sick leave time preceding and/or following any holiday or weekend may be
required at the request of his/her supervisor, to furnish a written statement
from a physician certifying that his/her sickness prevented the employee from
(d) An employee shall be
required to take a complete physical examination and to furnish written report
thereof to his/her immediate supervisor following any serious accident or
(e) An employee who has
exhausted all earned sick leave may, subject to authorization from his/her
immediate supervisor, use any unused vacation time during an illness.
(Ord. 486, 1-504)
SHORT-TERM DISABILITY PAY POLICY.
The following short-term disability pay policy is hereby established for
full-time employees of the City of Hugoton, Kansas, who are unable to perform
their duties due to a medical condition.
An eligible employee, who elects to receive the short-term disability
pay, shall begin receiving credit for time for payroll purposes following a
42-calendar day elimination period from the employee’s last day at work.
Payments on the credits shall be equivalent to 70% of the employee’s basic
two-week renumeration. Credits for the short-term disability payments shall end
upon the employee’s return to work or 180-calendar days from the employee’s
last day at work.
Employees may elect to use their sick leave, vacation time, and
compensatory time in order to receive their regular pay in lieu of the
disability payments. (Ord. 663)
DEATH OR RETIREMENT. Upon the
retirement or death of an employee, he/she or his/her estate shall be entitled
to compensation for any unused sick leave time, computed on the basis of 100
percent from the anniversary date of his/her employment and not on the basis of
the calendar year. (Ord. 486, 1-507)
BENEFITS. All full-time city
employees shall be entitled to be enrolled under the city’s group insurance
plan with the Kansas Blue Cross-Blue Shield on the first of the month following
the completion of one month of continuous service. The insurance premiums shall
be paid on behalf of such employees by the city. (Ord. 664)
FOR CONTINUED INSURANCE COVERAGE. Any
person who has been employed by the City of Hugoton for ten (10) years or more
on a regular full-time basis and who is covered by the Kansas Public Employees
Retirement System (KPERS) and that employee's dependents shall be eligible for
continued enrollment as a member of the City of Hugoton's group medical
insurance plan if such employee or dependent meets the following applicable
(a) The employee retires on
an immediate annuity or disability through KPERS or retires at or after age 55
with a minimum of thirty (30) years service with the city but elects not to
exercise the KPERS retirement annuity at the time of discontinuing service with
the City of Hugoton.
(b) The dependent(s) of a
full-time employee who dies after at least ten (10) years service with the city.
The employee must be on the city’s payroll at the time of death.
(c) An election to continue
insurance coverage after retirement or disability must be made in writing not
later than thirty-one (31) days immediately preceding retirement or disability
from active employment with the city or not later than thirty-one (31) days
following the death of an employee. (Ord.
REQUIREMENTS AND RELATED PARTICIPATION COSTS FOR CONTINUED INSURANCE COVERAGE.
(a) An employee with ten (10)
years of service but less than eighteen (18) years of service who retires prior
to age 65 may remain on the city's group medical insurance coverage.
The employee shall reimburse the city for one hundred percent of the
fully insured monthly premium.
(b) An employee with at least
eighteen (18) years of service who retires prior to age 65 may remain on the
city's group medical insurance coverage. The employee shall reimburse the city
at a rate of $250.00 per month.
(c) Any eligible employee
hereunder whose employment with the City of Hugoton is terminated due to
approved permanent and total disability under the Kansas Public Employees
Retirement System may remain on the city's group medical insurance coverage.
If the disability is related to employment with the city, the city shall
pay one hundred percent (100%) of the applicable medical insurance premium.
If the disability is not related to employment with the city, the amount
the employee reimburses the city shall be $250.00 per month.
(d) In the event of the death
of the retired or totally disabled employee, the continued medical insurance
coverage shall be extended to include eligible dependents until an eligible
spouse remarries or until eligible children marry or reach age 23.
The reimbursable costs to the policy holder shall be computed in
accordance with the years-of-service of the employee in accordance with Section
2(a) or 2(b) of this ordinance.
(e) In the event of the death
of a full-time employee who is on the city’s payroll at the time of his or her
death and who has at least ten years service with the city at the time of death,
the continued medical insurance coverage shall be extended to include eligible
dependents until an eligible spouse remarries or until eligible children marry
or reach age 23. The reimbursable
costs to the policy holder shall be computed in accordance with the
years-of-service of the employee in accordance with Section 2(a) or 2(b) of this
(f) Upon reaching age 65 or
retiring at age 65, the employee or eligible dependent shall select Medicare as
primary insurance carrier. The city
shall provide the supplemental insurance coverage offered by its group plan and
shall pay one hundred percent (100%) of the premium.
(g) Eligible dependent(s) who
are not age 65 at the time the employee reaches age 65 may remain on the city's
group medical insurance coverage. The
reimbursable costs to the policy holder shall be computed in accordance with the
years-of-service of the employee in accordance with Section 2(a) or 2(b) of this
ordinance. (Ord. 660, Sec. 2)
All employees of the city who work 1,000 or more hours annually and who
otherwise are qualified, shall become members of the Kansas Public Employees
Retirement System. (K.S.A. 74-4902;
Ord. 486, 1-501)
1-521. NOTICE TO
TERMINATE; HEARING. (a)
All city employees, except the city clerk, superintendent of municipal
utilities, city treasurer, building inspector, city attorney, assistant city
clerk, municipal judge and chief of police, shall be obligated to give the city
two weeks written notice in the event they desire to terminate their services.
The city shall also be obligated to give such employee, beyond his/her
probationary period, two weeks written notice in the event it desires to
terminate the services of such employee for any reason other than for
misconduct, in which event no notice is necessary to terminate such employment.
(b) The city clerk,
superintendent of municipal utilities, city treasurer, building inspector, city
attorney, assistant city clerk, municipal judge and the chief of police shall be
obligated to give the city one month's written notice in the event they desire
to terminate their services. The
city shall also be obligated to give such employee, beyond his/her probationary
period, one month's written notice in the event it desires to terminate the
services of such employee for any reason, other than for misconduct, in which
event no notice is necessary to terminate such employment.
(c) Any city employee, upon
receiving a notice to terminate his or her employment, shall have the right to a
hearing before the governing body at which hearing the city employee may
challenge the grounds for termination. The
hearing shall be held by the governing body no sooner than 14 days, nor later
than 30 days, following a written request for a hearing brought to the mayor by
the employee receiving the notice of termination.
At the hearing the employee shall be afforded a full and accurate
statement of the grounds for termination, and shall be provided with the
opportunity to confront and cross-examine all witnesses appearing and testifying
against the employee. Any employee
requesting a hearing shall have the right to be represented by legal counsel.
All statements made at the hearing, and the findings of the governing
body, shall be on the record. (Ord.
486, 1-509; Code 1983)
Each city employee, at the end of each year, shall receive an additional
payment for faithful service, such additional payment being designated herein as
(b) Such longevity pay shall
be based upon years of service of each respective city employee and shall be
paid by December 20 of each year; provided, in no event shall any longevity pay
exceed the maximum in the schedule set forth in subsection (c) below.
(c) Longevity pay schedule:
Years of Service and
Chief of Police
Assistant City Clerk
All other permanent
(Ord. 538, Sec. 1)
REGULATIONS. The governing body may,
by resolution, from time to time, adopt supplemental provisions and adopt other
policies pertaining to salaries, vacations, holidays, sick leave, emergency
leave, accident leave, military leave, maternity leave, jury duty, attendance at
work, provisions pertaining to health and welfare and other related
employer-employee relations. (Ord.
ARTICLE 5a. PERSONNEL REGULATIONS
1-5a01. EMPLOYMENT OF
General Employment Consideration.
The primary consideration in the employment of personnel will be made on
the basis of competence and integrity of such persons.
Preference will be given to current employees over outside applicants
where qualifications are equal for a vacant position.
(b) Conditions of
Eligibility. An applicant for
any position with the city:
(1) Must be a citizen of the
U.S.A., as evidences by proof of birth or naturalization, and must live in
Stevens County, Kansas.
(2) Must possess physical
abilities suited to the requirements of the position for which he or she is an
(3) A person in the immediate
family of any employee of the city will not be appointed if another equally
qualified person is available. The
governing body may waive this policy when clearly in the best interests of the
(c) Rejection of
applications may be rejected from any applicant:
(1) Whose application clearly
indicates on its face that minimum qualifications required are not fulfilled.
(2) Whose application is not
completely filled out.
(3) Whose application is not
written on the prescribed form.
(4) Who has been convicted of
a felony or misdemeanor other than a traffic violation.
(5) Whose employment has been
terminated from a department of the city.
(6) Who has practiced or
attempted fraud or deception in any statement of fact.
(d) Appointments and
Assignment to Duty. The
responsibility for hiring and discharging personnel is with the city clerk, city
superintendent and the chief of police, with the approval of the governing body,
depending on the department in which the employee works.
All appointments as a city employee are made upon merit and fitness.
Employees are appointed on a probationary and regular basis, except in
the case of temporary and part-time employees.
Regular employees receive vacation, sick leave or retirement benefits as
set forth in Article 5 of this chapter. A
satisfactory probationary employee will usually be given the opportunity to
become a regular employee. Temporary
or part-time employees are to be paid on an hourly basis.
Consideration of each employee's interests and abilities will be given as
much as possible.
(e) Medical Examinations.
An appropriate physical examination will be required of all persons
entering the service of the city. Should
the result of the examination be unsatisfactory in any respect, the city may
cancel the offer of employment or amend the terms of the offer as it considers
necessary. Expense of the medical
examination will be paid by the city.
An employee resigning in good standing from the service of the city, may,
upon acceptance of his or her resignation, be re-employed by complying with all
requirements of a new employee. For
the purposes of computing vacation leave and longevity pay, the re-employed
employee shall receive credit for prior years of service upon completion of one
year of service. The governing body may waive this policy when clearly in the
best interest of the city. (Ord. 669)
Examinations. Appointments to
police positions may be based, in part, on the successful completion of a
written examination administered by the chief of police.
As the need may require, other competitive examinations for city
positions may be required and may be introduced by the governing body.
1-5a02. ABSENCE FROM
WORK. The following policies shall
apply to absences from work and are in addition to those set forth in section
1-512 of this code: All
employees should be at their work stations in accordance with the general
regulations or department regulations. Prompt
appearance for work at the specified time is required of all employees.
If an employee knows that he or she will be late for work, or absent
because of illness or other reasons, he or she should call his or her supervisor
as soon as possible. This enables
the supervisor to make the necessary arrangements to continue the employee's
functions while he or she is absent. When
the employee has been absent from work 60 days, a complete physical examination
will be required to return to work. The
expense of such an examination will be paid by the city.
The following policies shall apply to vacations and are in addition to
those set forth in section 1-513 of the Code of the City of Hugoton, Kansas,
(a) The time an employee
takes his or her vacation will be determined by the supervisor and employee,
taking into consideration the needs of the department.
The supervisor will make every effort to give the employee the requested
dates; however, the need and convenience of the city must come first in
scheduling vacation time. Any
conflicts in requested dates will be resolved by seniority of employment.
Employees shall follow scheduled vacations established by their
respective supervisors and filed with the city clerk on or before April 15th of
each year. Part-time employees are
not eligible for accumulations of vacation time.
(b) For the first two years
of employment, vacation time is computed on the anniversary date of each
employee. Anniversary date is
defined as that date an employee commences to work for the city. As of the first
of the year following the employee’s second anniversary date, employees are
eligible to use vacation time as of the first of the year. If an employee
terminates his or her employment in good standing, any vacation time owed will
be computed on the basis of 100 percent for the calendar year.
(c) All vacations shall be
taken at the minimum rate of five days at a time.
Provided, however, department heads may make arrangements with the city
clerk for vacations to be taken at a lesser rate.
Should any holidays fall within an employee's vacation, they will not be
charged as part of the vacation time. (Ord. 658, Sec. 1)
SICK LEAVE. The following
policies shall apply to sick leave and are in addition to those set forth in
section 1-514:515 of this code:
(a) All city employees hired
before January 1, 1971, shall be deemed to have, as of January 1, 1972, 10 days
sick leave accumulated.
(b) When an employee is sick
and cannot report for work, he or she must call his or her supervisor
immediately preceding the normal working hours.
Failure to do so will not allow the employee to count the day as sick
leave, but will count as absence.
LEAVE FOR FAMILY ILLNESS. In the
event of serious illness of a member of the immediate family of an employee
which requires hospitalization, locally or away from home, the time necessary
for the employee to be away from his or her employment shall be charged against
his or her accumulated sick leave. If
the employee does not have any sick leave accumulated, the time shall be charged
to his or her accumulated vacation time and/or be allowed without pay.
1-5a06. DEATH IN THE
The following policy is hereby established for city employees requiring
time off due to a death in the family.
In the event of the death of a member of the family of an employee, up to
three working days with pay may be allowed for personal matters relating to the
death. The term “family”, as
herein defined, shall include not only those persons of the immediate family but
also the parents, grandparents, brothers and sisters of the employee’s spouse.
The use of the three-day maximum is subject to the approval of the employee’s
supervisor. Additional time off may be arranged, without pay or charged to an
employee's sick leave, vacation or compensatory time, also subject to the
approval of the employee’s supervisor. (Ord. 659, Sec. 1)
If an employee is injured on the job, as defined under the Workmen's
Compensation Act, he or she shall receive his or her regular salary until he or
she is able to return to work or until workmen's compensation insurance becomes
effective, whichever event occurs first. Once
an employee begins receiving workmen's compensation benefits, he or she may
elect to also use any accumulated sick leave or vacation time in order to remain
on the city's payroll. At the
employee's election, he or she may choose to turn over the workmen's
compensation benefits check to the city. Such
action shall enable the city employee to remain on the city's payroll without
the loss of accumulated sick leave or vacation time.
(b) Accident leave may not be
allowed any employee if the injuries are due to his or her own conduct on
off-time activities or injuries related to secondary employment.
(Ord. 591, Sec. 1)
LEAVE. An employee may take military
leave in accordance with state law. Any
employee who is on reserve military status in the Kansas National Guard may,
with the consent of his or her department supervisor, schedule his or her
vacation time to coincide with any field training or summer camp.
If additional time off is necessary, such leave shall be arranged without
1-5a09. JURY DUTY.
(a) It is the civic
obligation of each city employee to serve on a jury if he or she is called.
While on jury duty, or while appearing as a legally-required witness, an
employee shall receive pay from the city in addition to any other fees received.
The city amount of jury pay is to be equivalent to his or her normal
(b) The supervisor shall
require proof of jury service before allowing any time off and pay for jury
(c) Should the employee serve
on a jury during his or her regular vacation period, no deduction from his or
her straight time pay will be made, nor will it be increased.
CITY HOLIDAYS. (a)
Hours of Work. Most
city employees work 40 hours per week. The
work day generally covers the period from 8:00 a.m. to noon and from 1:00 to
5:00 p.m., Mondays through Fridays.
Due to the nature of their operations, the Park, Cemetery, Sanitation,
Police, Fire and Utility Departments work different schedules.
Work schedules for these operations shall be determined by the respective
All employees should be at the work stations in accordance with the
general regulations or department regulations.
Prompt appearance for work at the specified time is required of all
The following are legal holidays for fulltime city employees:
New Year's Day
3rd Monday in February
Friday before Easter
Last Monday in May
1st Monday in September
2nd Monday in October
4th Thursday in November
Taken on the date
(except when it falls on a weekend, whereby it will
be designated by the supervisor)
In compliance with federal and state legislation supporting the Monday
holiday schedule, the above holidays will be set up by the year on the Monday
holiday schedule where feasible.
HEALTH AND WELFARE. The following
policies shall apply to retirement, social security, insurance and workmen's
compensation and are in addition to those set forth in sections 1-516:517 of
All city employees are covered by Kansas Public Employees Retirement
System (KPERS) after one year of regular full-time city service.
Both the employee and the city make contributions to the KPERS fund.
(1) The retirement age for
city employees is 65. However, such
employment may be extended from year to year with the approval of the governing
body. Retirement is mandatory at the
age of 70.
(2) Currently, an employee
contributes 4% to KPERS, the city contributes 4.2%.
An additional .6% is paid by the city for disability and death insurance
on the employee.
(b) Social Security.
Social Security is handled by the federal government and is made up of
joint contributions by the employee and the city, based upon a percentage of the
employee's salary deducted from his or her paycheck.
Complete details of social security benefits are available from the city
(c) Health Insurance.
All full-time city employees shall be entitled to be enrolled under the
city’s group insurance plan with the Kansas Blue Cross-Blue Shield on the
first of the month following the completion of one month of continuous service.
The insurance premiums shall be paid on behalf of such employees by the city. (Ord.
664; Sec. 1)
Compensation. All city employees
are insured against accidents on the job through workmen's compensation
insurance. Should an employee be
injured on the job or contract an occupational disease, he or she will receive
benefits, the amount depending on the seriousness of the injury or illness.
(1) Any injury should be
reported immediately to the department supervisor to ensure that the employee
will receive the benefits from workmen's compensation to which he or she is
(2) Injury or illness from
on-the-job activity will entitle the employee to benefits of workmen's
compensation and sick leave pay in accordance with the Workmen's Compensation
Act and the sick leave policy of the city, as outlined herein and in section
1-514 of this code.
Any city employee who is required to wear a uniform in the performance of
his or her duties shall be provided with such uniform at the expense of the
city. Replacement shall be at such
time and in such amounts as the governing body may designate.
ARTICLE 6. ELECTIONS; WARDS AND PRECINCTS
The city is hereby divided into two wards numbered and designated
respectively as First Ward and Second Ward.
(Code 1971, 1-601)
1-602. FIRST WARD.
The First Ward shall include all that part of the city lying west of Main
Street. (Code 1971, 1-602)
1-603. SECOND WARD.
The Second Ward shall include all that part of the city lying east of
Main Street. (Code 1971, 1-603)
PRECINCT OF FIRST WARD. The First
Precinct of the First Ward shall be all that part of the First Ward lying north
of Sixth Street and west of Main Street. (Code
PRECINCT OF FIRST WARD. The Second
Precinct of the First Ward shall be all that part of the First Ward lying south
of Sixth Street, and west of Main Street. (Code
PRECINCT OF SECOND WARD. The First
Precinct of the Second Ward shall be all that part of the Second Ward lying
north of Sixth Street, east of Main Street, and west of Madison Street.
(Code 1971, 1-606)
PRECINCT OF SECOND WARD. The Second
Precinct of the Second Ward shall be all that part of the Second Ward lying
south of Sixth Street and east of Main Street, and all that part of the Second
Ward lying north of Sixth Street and east of Madison Street.
(Code 1971, 1-607)
1-608. ANNEXATION OF
TERRITORY. When any territory is
annexed to the city, it shall be considered a part of the ward to which it is
annexed. (Code 1971, 1-608)
ARTICLE 7. INVESTMENT OF IDLE FUNDS
1-701. INVESTMENT OF
IDLE FUNDS. Temporarily idle moneys
of the city not currently needed, may in accordance with the procedure hereafter
described be invested in:
(a) Temporary notes or
no-fund warrants of the city;
(b) Time deposits, open
accounts or certificates of deposit in commercial banks or trust companies which
have offices located in the city. If
no commercial bank or trust company is located in the city, then in commercial
banks or trust companies which have offices located in Stevens County, or in the
counties of the State of Kansas adjacent to Stevens County, as provided for, and
subject to the restrictions of, K.S.A. 12-1675;
(c) Time certificates of
deposit with state or federally chartered savings and loan associations which
have offices located in the city;
(d) Repurchase agreements
with commercial banks, trust companies, or state or federally chartered savings
and loan associations with offices located in the city, for direct obligations
of, or obligations that are insured by, the United States government or any
agency thereof. If no commercial
bank, trust company, or state or federally chartered savings and loan
association has an office in the city, then in any commercial bank, trust
company, or state or federally chartered savings and loan association with
offices located in Stevens County. If
no such commercial bank, trust company, or state or federally chartered savings
and loan association will enter into such an agreement at or above the interest
rate set out by K.S.A. 12-1675(b)(4),
then such repurchase agreements may be entered into with commercial banks, trust
companies, or state or federally chartered savings and loan associations which
have offices located in the State of Kansas;
(e) United States treasury
bills or notes with maturities as the governing body shall determine, but not
exceeding six months. Investments
may be made in U.S. treasury bills or notes only if no eligible bank, trust
company, or state or federally chartered savings and loan association can or
will make the investments authorized in subsections (b) and (c) at interest
rates equal to or greater than the average yield before taxes received on 91-day
U.S. treasury bills or the maximum rates such banks, trust companies or savings
and loan associations may pay on investments authorized under subsections (b)
and (c), whichever is lower. (K.S.A.
12-1675; Code 1986)
ARTICLE 8. OPEN RECORDS
(a) It is hereby declared to
be the policy of the city that all public records which are made, maintained or
kept by or are in the possession of the city, its officers and employees, shall
be open for public inspection as provided by, and subject to the restrictions
imposed by, the Kansas Open Records Act.
(b) Any person, upon request,
shall have access to such open public records for the purpose of inspecting,
abstracting or copying such records while they are in the possession, custody
and control of the appointed or designated record custodian thereof, or his or
her designated representative. (Code
CUSTODIANS. The record custodian(s)
appointed and designated pursuant to this article shall preserve and protect all
public records from damage, disorganization and theft and shall assist, in a
timely and efficient manner, any person making request for access to any open
public record. (Code 1986)
REQUEST FOR ACCESS. All city offices
keeping and maintaining open public records shall establish office hours during
which any person may make a request for access to an open public record.
Such hours shall be no fewer than the hours each business day the office
is regularly open to the public. For
any city office not open Monday through Friday, hours shall be established by
the record custodian for each such day at which time any person may request
access to an open public record. (Code
FOR PUBLIC INSPECTION. All city
offices keeping and maintaining open public records shall provide suitable
facilities to be used by any person desiring to inspect and/or copy an open
public record. The office of the
city clerk, being the principal recordkeeper of the city, shall be used as the
principal office for providing access to and providing copies of open records to
the maximum extent practicable. Requesters
of records shall be referred to the office of the city clerk except when the
requested records are not in that office and are available in another city
office. (Code 1986)
FOR INSPECTION. Any person
requesting access to an open public record for purposes of inspecting or copying
such record, or obtaining a copy thereof, shall abide by the procedures adopted
by the governing body for record inspection and copying, including those
procedures established by record custodians as authorized by the governing body.
Such procedures shall be posted in each city office keeping and
maintaining open public records. (Code
OF OFFICIAL CUSTODIANS. The
following city officers are hereby appointed as official custodians for purposes
of the Kansas Open Records Act and are hereby charged with responsibility for
compliance with that Act with respect to the hereinafter listed public records:
(a) City Clerk - All
public records kept and maintained in the city clerk's office and all other
public records not provided for elsewhere in this section.
(b) City Treasurer -
All public records not on file in the office of the city clerk and kept and
maintained in the city treasurer's office.
(c) Chief of Police -
All public records not on file in the office of the city clerk and kept and
maintained in the city police department.
(d) Fire Chief - All
public records not on file in the office of the city clerk and kept and
maintained in the city fire department.
(e) City Attorney -
All public records not on file in the office of the city clerk and kept and
maintained in the city attorney's office.
(f) Clerk of the Municipal
Court - All public records not on file in the office of the city clerk and
kept and maintained in the municipal court.
OF ADDITIONAL RECORD CUSTODIANS. (a)
Each of the official custodians appointed in section 1-606 is hereby
authorized to designate any subordinate officers or employees to serve as record
custodian. Such record custodians
shall have such duties and powers as are set out in the Kansas Open Records Act.
(b) Whenever an official
custodian shall appoint another person as a record custodian he or she shall
notify the city clerk of such designation and the city clerk shall maintain a
register of all such designations. (Code
1-808. DUTIES OF
CUSTODIANS. All city officers and
employees appointed or designated as record custodians under this article shall:
protect public records from damage and disorganization; prevent excessive
disruption of the essential functions of the city; provide assistance and
information upon request; insure efficient and timely action and response to all
applications for inspection of public records; and shall carry out the
procedures adopted by this city for inspecting and copying open public records.
1-809. REQUESTS TO
BE DIRECTED TO CUSTODIANS. (a)
All members of the public, in seeking access to, or copies of, a public
record in accordance with the provisions of the Kansas Open Records Act, shall
address their requests to the custodian charged with responsibility for the
maintenance of the record sought to be inspected or copied.
(b) Whenever any city officer
or employee appointed or designated as a custodian under this article is
presented with a request for access to, or copy of, a public record which record
the custodian does not have in his or her possession and for which he or she has
not been given responsibility to keep and maintain, the custodian shall so
advise the person requesting the record. Further,
the person making the request shall be informed as to which custodian the
request should be addressed to, if such is known by the custodian receiving the
request. (Code 1986)
ADMINISTRATION. The city clerk is
hereby authorized to provide the clerk's office, and the office of each record
custodian, with sufficient cash to enable the making of change for record fee
purposes. Each custodian shall
transmit all record fee moneys collected to the city treasurer whenever the
amount accumulated exceeds $5, but not less than monthly.
Each custodian shall maintain duplicates of all records and copy request
forms, completed as to the amount of fee charged and collected, which amounts
shall be periodically audited by the clerk-finance officer and treasurer of the
city. (Code 1986)
Where a request has been made for inspection of any open public record
which is readily available to the record custodian, there shall be no inspection
fee charged to the requester.
(b) In all cases not covered
by subsection (a) of this section, a record inspection fee shall be charged at
the rate of $5 per hour per employee engaged in the record search.
A minimum charge of $5 shall be charged for each such request.
1-812. COPYING FEE.
(a) A fee of 25 cents per
page shall be charged for photocopying public records, such fee to cover the
cost of labor, materials and equipment.
(b) For copying any public
records which cannot be reproduced by the city's photocopying equipment, the
requester shall be charged the actual cost to the city, including staff time, in
reproducing such records. (Code
1-813. PREPAYMENT OF
A record custodian may demand prepayment of the fees established by this
article whenever he or she believes this to be in the best interest of the city.
The prepayment amount shall be an estimate of the inspection and/or
copying charges accrued in fulfilling the record request.
Any overage or underage in the prepayment shall be settled prior to
inspection of the requested record or delivery of the requested copies.
(b) Prepayment of inspection
and/or copying fees shall be required whenever, in the best estimate of the
record custodian, such fees are estimated to exceed $5.
(c) Where prepayment has been
demanded by the record custodian, no record shall be made available to the
requester until such prepayment has been made.
All fees charged under this article shall be paid to the custodian of the
records inspected and/or copied unless the requester has established an account,
for purposes of billing and payment, with the city.
All fees received shall be paid to the city treasurer whenever the amount
of fees collected totals $5, but not less than monthly.
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