Chapter 2
ADMINISTRATION*
Article I. In General
Sec. 2-1. Class of city; form of government.
Sec. 2-2. Waiver of ordinance, administrative fees.
Secs. 2-3– 2-30. Reserved.
Article II. Governing Body
Sec. 2-31. Vice-chairman; acting mayor.
Sec. 2-32. Time, place; adjourned, special meetings.
Sec. 2-33. Reserved.
Sec. 2-34. Order of business.
Sec. 2-35. Reserved.
Sec. 2-36. City attorney.
Sec. 2-37. Quorum.
Sec. 2-38. Code procedure.
Secs. 2-39– 2-135. Reserved.
Article III. Officers and Employees
Division 1. Generally
Sec. 2-136. Forms; oaths filed.
Secs. 2-137– 2-155. Reserved.
Division 2. Public Ethics
Sec. 2-156. Declaration of policy.
Sec. 2-157. Definitions.
Sec. 2-158. Scope of division.
Sec. 2-159. Prohibited conduct.
Sec. 2-160. Exceptions.
Sec. 2-161. Enforcement.
Sec. 2-162. Penalties; forfeited position; exemptions; injunction.
Sec. 2-163. Distribution.
Sec. 2-164. Provisions supplemental.
Secs. 2-165– 2-180. Reserved.
Division 3. City Manager
Sec. 2-181. Statutory authority.
Sec. 2-182. Expenditure of funds; countersigning of warrants.
Sec. 2-183. Judge of the municipal court.
Secs. 2-184– 2-200. Reserved.
Division 4. City Clerk
Sec. 2-201. Statutory authority.
Secs. 2-202– 2-230. Reserved.
Article IV. Departments
Sec. 2-231. General authority.
Secs. 2-232– 2-435. Reserved.
Article V. Finance
Sec. 2-436. Creation of indebtedness.
Sec. 2-437. Transfer of budgetary appropriation; general operating fund.
Sec. 2-438. Delinquent accounts receivable; interest charge.
Secs. 2-439– 2-540. Reserved.
Article VI. Boards, Commissions and Authorities
Secs. 2-541– 2-740. Reserved.
Article VII. Public Records
Sec. 2-741. Declaration of policy.
Sec. 2-742. Destruction of old city records.
Sec. 2-743. Records to be preserved.
Sec. 2-744. Destruction to be authorized by governing body upon recommendation of manager.
Sec. 2-745. Fees for accessing and/or copying open public records.
State law references: Governing body under managerial plan, K.S.A. 12-1002 et seq.
ARTICLE I. Sec. 2-1. Class of city; form of government.
The municipality is a city of the first class operating under the city manager form of government.
State law references: State law references– City manager form of government, K.S.A. 12-1001 et seq.; cities of the first class, K.S.A. 13-101 et seq.
Sec. 2-2. Waiver of ordinance, administrative fees.
An administrative fee in the amount established in section 42-31 shall be collected from any applicant requesting a waiver from ordinance requirements which regulate the usage or development of property, such fee to be used for related administrative and legal filing costs.
(Code 1968, § 1-10)
Secs. 2-3– 2-30. Reserved.
ARTICLE II. Cross references: Meetings of governing body, app. A, Charter Ord. No. 8; compensation of governing body, app. A, Charter Ord. No. 21.
State law references: Governing body, K.S.A. 12-1002 et seq.
Sec. 2-31. Vice-chairman; acting mayor.
The governing body may choose a vice-chairman. In the absence of the mayor from any meeting of the governing body, the vice-chairman of the governing body shall preside, and in the absence of the mayor from the city or the mayor's inability to perform any of the duties imposed upon that office by this Code or the laws of the state, the vice-chairman shall exercise the duties of the office of mayor to the end that the city has an official head on such occasions. In such cases, the vice-chairman may use the title of "acting mayor."
(Code 1968, § 2-32)
Sec. 2-32. Time, place; adjourned, special meetings.
(a) Regular meetings. The governing body shall have regular meetings on the second and fourth Tuesdays of each month beginning at 1:00 p.m. in the commission chamber at the city administrative center, or at a place so designated by the governing body at the previous regular meeting. Should there be a fifth Tuesday in a month or should regular meeting or study meeting day be a designated city holiday, the governing body shall determine the meeting or session time and place at the previous regular meeting.
(b) Adjourned meetings. Adjourned meetings of the governing body may be held at such time and place as the governing body may determine in the motion to adjourn.
(c) Special meetings. Special meetings may be held at any time upon a call signed by the majority of the governing body.
(Code 1968, § 2-44)
State law references: Open meeting requirements, K.S.A. 75-4317 et seq.
Sec. 2-33. Reserved.
Sec. 2-34. Order of business.
(a) The governing body shall determine its own order of business by ordinance.
(b) At the hour appointed for meeting, the governing body shall be called to order by the mayor, and in the mayor's absence by the vice-chairman. The city clerk shall note the absentees and announce whether a quorum is present. Upon the appearance of a quorum, the governing body shall proceed to business, which shall be conducted in the following order, all as shall be provided by an agenda:
(1) Approval of the minutes of the last meeting and intervening special meetings which, if no corrections are offered, shall stand approved.
(2) Public comments (agenda allowance 30 minutes maximum with a maximum of five minutes per spokesperson).
(3) Presentation of petitions, memorials, and remonstrances.
(4) Report of city manager.
(5) Consideration of appropriation ordinances.
(6) Consideration of ordinances and resolutions.
(7) Unfinished business.
(8) New business, including consent agenda.
(9) Reports of commissioners.
(c) The city manager may cause an agenda of the business to come before the governing body.
(d) The governing body shall not vote on any matter not specified on an agenda other than matters considered in the petitions, memorials and remonstrances, or consent agenda sections. Matters raised by a member of the governing body or public in attendance at a meeting, not contained on an agenda, may be discussed, but other than matters arising in the petitions, memorials, and remonstrances, or consent agenda sections of an agenda, no binding action may be taken on such a matter, until it is placed on an agenda for consideration at a future meeting.
(Ord. No. 2304, § 1, 7-12-05)
Sec. 2-35. Reserved.
Sec. 2-36. City attorney.
The city attorney shall be appointed by the governing body. The term of office and salary of the city attorney shall be established by written agreement.
IN GENERAL
GOVERNING BODY*
| Section 26 | Motion to Adjourn. |
| Section 32 | Votes; Mayor in Council City; Non-Ordinance Matters. |
| Section 33 | Ordinary Ordinance; Council City. |
| Section 34 | Ordinary Ordinance; Council City; Mayor's Vote. |
| Section 35 | Ordinary Ordinance; Council City; Mayor's Veto. |
| Section 37 | Charter Ordinance; Council City. |
| Section 39 | Council City; Confirmation of Mayoral Appointment to Non-Elected Position. |
| Section 40 | Council Cities; Confirmation of Mayoral Appointment to Elected Position. |
(c) Amendment. Section 1 of the Code of Procedure is hereby amended to read as follows:
Section 1. Governing Body. The term governing body shall include the mayor and commissioners.
(d) Amendment. Section 2 of the Code of Procedure is hereby amended to read as follows:
Section 2. Quorum. A quorum shall consist of four (4) members of the governing body, unless amended by ordinance.
(e) Amendment. Section 3 of the Code of Procedure is hereby amended to read as follows:
Section 3. Regular Meetings. Regular meetings of the city will be held at a time, place, and date certain as set by city ordinance and in accordance with applicable state law.
(f) Amendment. Section 4 of the Code of Procedure is hereby amended to read as follows:
Section 4. Special Meetings. Special meetings will be held only for a special purpose and will be called in accordance with applicable city ordinance and state law.
(g) Amendment. Section 7 of the Code of Procedure is hereby amended to read as follows:
Section 7. Public Comment. Any public comment taken on specific agenda or other items shall require a citizen to state his or her name for the minutes. The mayor may limit the time of each citizen.
(h) Amendment. Section 11 of the Code of Procedure is hereby amended to read as follows:
Section 11. Additions to Agenda. Items may be added to the agenda at a regular meeting as allowed by Code section 2.34(d). No items may be added to the agenda of a special meeting.
(i) Amendment. Section 12 of the Code of Procedure is hereby amended to read as follows:
Section 12. Order of Business. At the hour appointed for the meeting, the mayor shall call the meeting to order. Upon having a quorum present, the governing body shall proceed to business, which shall be conducted in the order set by Code section 2.34(b)(1-9).
(j) Amendment. Section 13 of the Code of Procedure is hereby amended to read as follows:
Section 13. Consent Agenda. By request of a member of the governing body, any item may be removed from the consent agenda and considered separately.
(k) Amendment. Section 20 of the Code of Procedure is hereby amended to read as follows:
Section 20. Motion to Pass an Ordinance. All ordinances of the city shall be considered at a public meeting of the governing body. No ordinance shall contain more than one subject, which shall be clearly expressed in its title, and no section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the section or sections amended shall be repealed.
(l) Amendment. Section 24 of the Code of Procedure is hereby amended to read as follows:
Section 24. Motion to go into Executive Session. The motion to go into executive session shall be made as follows: "I move that the governing body recess into executive session pursuant to the ________ exception in order to discuss ________ (general description), the open meeting to resume in the city council (commission) chamber at ________(time)." The motion may also state who is to be present in the executive session, although this is not required. This motion must be made, seconded, and carried. Such motion shall be recorded in the minutes of the meeting.
(m) Amendment. Section 36 of the Code of Procedure is hereby amended to read as follows:
Section 36. Ordinary Ordinance; Commission City. The adoption of an ordinary ordinance requires three (3) affirmative votes of the commission.
(n) Amendment. Section 38 of the Code of Procedure is hereby amended to read as follows:
Section 38. Charter Ordinance; Commission City. The adoption of a charter ordinance requires four (4) affirmative votes of the commission. The mayor is considered a member of the governing body.
(Ord. No. 2398, § 1, 4-8-08)
Secs. 2-39– 2-135. Reserved.
ARTICLE III.
OFFICERS AND EMPLOYEES
DIVISION 1. Sec. 2-136. Forms; oaths filed.
All officers and employees required by law to take and subscribe or file any 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 deposited with the city clerk; provided, that the oath of the city clerk required by K.S.A. 54-106 shall be filed with the city finance director.
(Code 1968, § 21-22)
Secs. 2-137– 2-155. Reserved.
DIVISION 2. State law references: Local governmental ethics, K.S.A. 75-4301a et seq.
Sec. 2-156. Declaration of policy.
The proper operation of democratic government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all city officials and employees is adopted. The purpose of this code of ethics is to establish guidelines for ethical standards of conduct for all such officials and employees by setting forth those acts or actions that are incompatible with the best interests of the city.
(Ord. No. 1875, § 1(2-163), 10-25-94)
Sec. 2-157. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Business means any corporation, association, partnership, proprietorship, trust, joint venture, and every other business interest, including ownership or use of land for income.
Compensation means any money, thing of value or economic benefit conferred on, or received by, any person in return for services rendered, or to be rendered, by that person or another, but shall not mean nor include reimbursement of reasonable expenses if the reimbursement does not exceed the amount actually expended for the expense and it is substantiated by an itemization of expenses.
Contract means agreement, including but not limited to, sale and conveyance of real and personal property, and agreement for the performance of services.
Gift means anything of economic value, regardless of form, without adequate and lawful consideration.
Interest means direct or indirect monetary or material benefit accruing to a public officer or employee as a result of a contract, transaction, zoning decision, or other matter which is or may be the subject of an official act or action by or with the city except for such contracts or transactions which by their terms and by the substance of their provision confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. "Interest" means any of the following:
(1) If an individual or an individual's spouse, either individually or collectively, has owned within the preceding 12 months a legal or equitable interest exceeding $5,000.00 or five percent of any business, whichever is less, the individual has an interest in that business.
(2) If an individual or an individual's spouse, either individually or collectively, has received during the preceding 12 months compensation which is or will be required to be included as taxable income on federal income tax returns of the individual and spouse in an aggregate amount of $2,000.00 from any business or combination of businesses, the individual has an interest in that business or combination of businesses.
(3) If an individual or an individual's spouse, either individually or collectively, has received in the preceding 12 months, without reasonable and valuable consideration, goods or services having an aggregate value of $250.00 or more from a business or combination of businesses, the individual has an interest in that business or combination of businesses.
(4) If an individual or an individual's spouse holds the position of officer, director, associate, partner, or proprietor of any business, other than an organization exempt from federal taxation of corporations under section 501(c)(3), (4), (6), (7), (8), (10), or (19) of chapter 26 of the United States code, the individual has an interest in that business, irrespective of the amount of compensation received by the individual or individual's spouse.
(5) If an individual or an individual's spouse receives compensation which is a portion or percentage of each separate fee or commission paid to a business or combination of businesses, the individual has an interest in any client or customer who pays fees or commissions to the business or combination of businesses from which fees or commissions the individual or the individual's spouse, either individually or collectively, received an aggregate of $2,000.00 or more in the preceding 12 months.
As used in this definition, the words "client" or "customer" mean a business or combination of businesses.
Official act or action means any legislative, administrative, appointive, or discretionary act of any public officer or employee of the city or any agency, board, committee, or commission thereof.
Public employee means any employee of the city or any of its agencies.
Public officer means any elected or appointed officer of the city or any of its agencies, including members of advisory boards and commissions.
Transaction means the carrying on or completion of a business deal, including, but not limited to, purchase of goods and services.
(Ord. No. 1875, § 1(2-164), 10-25-94)
Cross references: Definitions generally, § 1-2.
Sec. 2-158. Scope of division.
The requirements set forth in this division shall constitute a code of ethics establishing reasonable standards and guidelines for the ethical conduct of public officers and employees of the city.
(1) Interest in contract or transaction. No public officer or employee having the power or duty to perform an official act or action related to a contract, transaction, zoning decision, or other matter, which is or may be the subject of an official act or action of the city, shall:
a. Have or thereafter acquire an interest in such contract, transaction, zoning decision, or other matter.
b. Have an interest in any business entity representing, advising, or appearing on behalf of, whether paid or unpaid, any person involved in such contract, transaction, zoning decision, or other matter.
c. Have solicited or accepted present or future employment with a person or business entity involved in such contract, transaction, zoning decision, or other matter.
d. Have solicited, accepted, or granted a present or future gift, favor, service, or thing of value from or to a person involved in such contract, transaction, zoning decision, or other matter.
e. The prohibition against gifts or favors shall not apply to:
1. An occasional non-pecuniary gift, insignificant in value;
2. An award publicly presented in recognition of public service; or
3. Any gift which would have been offered or given to such person if such person were not an officer or employee.
A public officer or employee does not violate the provisions of subsections (1)a. through (1)d. of this section when such officer or employee has such an interest but abstains from any and all action, participation, or vote involving the contract, transaction, zoning decision, or other matter. Any person abstaining shall, upon realization of such conflict, as soon as reasonably possible, state that a conflict exists, leave the room until all discussion and action on the contract, transaction, zoning decision, or other matter has concluded, and direct the city clerk or any recording secretary to reflect such abstention and departure from the proceedings. A reason for abstaining need not be disclosed.
(2) Preacquisition of interest. No public officer or employee with respect to any contract, transaction, zoning decision, or other matter which is or may be the subject of an official act or action of the city shall acquire an interest in such contract, transaction, zoning decision, or other matter at a time when the public officer or employee believes or has reason to believe that it will directly or indirectly be affected by an official act or action of the city.
(3) Incompatible service. No public officer or employee shall engage in or accept private employment or render service, for private interest, when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties.
(4) Appearances. Except as noted herein, no public officer or employee, or any business in which the public officer or employee may have an interest, shall appear in any capacity, or take any action on behalf of any person or business entity before any city agency, board, department, employee, commission, or the municipal court. Public officers or employees may personally appear for themselves, or for their spouses or children, but must abstain from all official acts or action on the matter addressed in the appearance.
(5) Interest in public contract. No public officer or employee shall in the capacity as such officer or employee, make or participate in the making of a contract with any person or business by which such officer or employee is employed or in whose business such officer or employee has an interest, and no such person or business shall enter into any contract where any public officer or employee, acting in such capacity, is a signature to or a participant in the making of such contract and is employed by or has an interest in such person or business. This section shall not apply for:
a. A contract awarded through a process of public notice and competitive bidding; or
b. Contracts for property or services for which the price or rate is fixed by law.
(6) Participation in noncontract transactions. A public officer or employee shall not participate or take any official act or action on any transaction, zoning decision, or other matter involving the city which is noncontractual in nature when such public officer or employee has an interest in the transaction, zoning decision, or other matter. A public officer or employee does not participate or act if such officer or employee abstains from all participation in the transaction, zoning decision, or other matter.
(7) Public property. No public officer or employee shall request or permit the unauthorized use of city-owned vehicles, equipment, materials, or property for personal convenience or profit.
(8) Special treatment. No public officer or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.
(9) Later case interest. No public officer or employee shall, after the termination of service or employment with the city, appear before any board, commission, committee, agency, or the municipal court of the city in relation to any case, proceeding or application in which such officer or employee personally participated during the period of service or employment, or which was under active consideration by such officer or employee.
(10) Disclosure of confidential information. No public officer or employee, with respect to any contract, transaction, zoning decision, or other matter which is or may be subject of an official act or action of the city, shall without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the city, or use such information to advance the financial or other private interest of the officer or employee or others.
(Ord. No. 1875, § 1(2-165), 10-25-94)
Sec. 2-159. Prohibited conduct.
No public officer or employee shall engage in any conduct or act which would be a violation of any federal, state, or municipal statute, law, or ordinance. Any public officer or employee violating federal, state, or municipal laws shall be subject to imposition of all sanctions or discipline authorized by city personnel policy and/or state or municipal law pertaining to termination of employment or removal from elected office. In addition, a determination may be made as to whether there has been a violation of any portion of this division.
(Ord. No. 1875, § 1(2-166), 10-25-94)
State law references: Prohibited contracts by local government officers or employees, K.S.A. 75-4304.
Sec. 2-160. Exceptions.
(a) A commercially reasonable loan made in the ordinary course of business by an institution authorized by the laws of this state to engage in the making of such loans shall not be deemed to create an interest in violation of this division.
(b) A contract or transaction for a commercial retail sale, even though over the value of $250.00 shall not be deemed to create an interest in violation of this division.
(Ord. No. 1875, § 1(2-167), 10-25-94)
Sec. 2-161. Enforcement.
(a) The city attorney shall have the primary responsibility for the enforcement of this division.
(b) The governing body may direct the city attorney to investigate any apparent violation of this division or it may employ or appoint any qualified attorney to investigate any violation or series of violations by one or more persons of this division.
(c) Any person who believes that a violation of any portion of this division has occurred may file a complaint with the city attorney or with the governing body, who may thereafter proceed with appropriate action. However, nothing in this division shall be construed to prevent complainants from instituting direct legal action through the appropriate judicial authority.
(d) The city attorney shall present such investigative findings to the city manager and the governing body.
(e) Where any public officer or employee has a doubt as to the applicability of any provision of this division to a particular situation, or as to the definition of terms used herein, such officer or employee may apply to the city attorney for an advisory opinion. The public officer or employee shall have the opportunity to present an interpretation of the facts at issue and of the applicability of provisions of this division before such advisory opinion is made.
(Ord. No. 1875, § 1(2-168), 10-25-94)
Sec. 2-162. Penalties; forfeited position; exemptions; injunction.
(a) Any public officer or employee who willfully and knowingly violates any of the provisions of this division may be subject to any one or more of the following penalties, listed in no particular order of intended application by the governing body and/or the city manager:
(1) In the case of appointed members of a city board or agency; warning, reprimand, or removal from such position;
(2) In the case of city employees, initiation of discipline pursuant to city personnel rules and regulations;
(3) In the case of elected or appointed members of the governing body, submission to the state attorney general or the county attorney of a request for review, investigation, and appropriate action pursuant to state law.
(b) Any person who is the subject of an alleged violation shall have the right to present evidence on such person's behalf before the governing body. Nothing in this division shall be construed or operate to eliminate any of the procedures or rights afforded to city employees pursuant to the city personnel rules and regulations.
(c) Any contract, transaction, zoning decision, or other matter which was the subject of an official act or action of the city in which there is an interest prohibited by this division, or which involved the violation of a provision of this division, shall be voidable at the option of the city.
(d) The city attorney, as authorized by the governing body and/or city manager, shall have the power, where a violation of the provisions of this division is threatened or has occurred, to bring a civil action or proceeding at law or in equity for a judgment enjoining any violation of the provisions of this division or the voiding of any such contract, transaction, zoning decision, or other matter, taking into account the interests of the city and any third persons who may be injured thereby. Where the city attorney determines that the public interest may best be served by not voiding a contract, transaction, zoning decision, or other matter, entered into in violation of this division, such contract, transaction, zoning decision, or other matter may be enforced and an action or proceeding may be brought against any public officer or employee found in violation of provisions of this division for damages not to exceed twice the damages suffered by the city or twice the profit or gain realized by the public officer or employee, whichever is greater.
(Ord. No. 1875, § 1(2-169), 10-25-94)
Sec. 2-163. Distribution.
The city clerk shall cause a copy of this division to be distributed to every public officer and employee of the city within 30 days after enactment of this division. Each public officer and employee elected, appointed, or engaged thereafter shall be furnished a copy before entering upon the duties of an office or employment.
(Ord. No. 1875, § 1(2-170), 10-25-94)
Sec. 2-164. Provisions supplemental.
The provisions of this division are supplemental to any and all applicable federal, state, county and city laws or regulation and shall not be construed to relieve the public officer or employee from compliance with any such laws or regulations.
(Ord. No. 1875, § 1(2-171), 10-25-94)
Secs. 2-165– 2-180. Reserved.
DIVISION 3. Sec. 2-181. Statutory authority.
The city manager has the powers and duties provided by state law and ordinance, including but not limited to, K.S.A. 12-1014.
(Code 1968, §§ 2-69– 2-75)
Sec. 2-182. Expenditure of funds; countersigning of warrants.
The city manager may expend funds of the city and issue warrants in payment of legal claims against the city on the basis of appropriations in the budget, such warrants or combined warrants and checks to be signed by the director of finance and countersigned by the city manager; provided, that in no case shall warrants be issued to exceed the balance in any fund or funds.
(Code 1968, § 2-76)
Sec. 2-183. Judge of the municipal court.
The city manager shall appoint or remove, subject to approval by the governing body, the judge of the municipal court. The term of office and salary of the judge of the municipal court shall be established by written agreement.
(Ord. No. 2271, § 1, 6-22-04)
Secs. 2-184– 2-200. Reserved.
DIVISION 4. Sec. 2-201. Statutory authority.
The city clerk has the powers and duties provided by state law and city ordinance.
Secs. 2-202– 2-230. Reserved.
ARTICLE IV. Sec. 2-231. General authority.
Administrative departments of city government shall be as established by the governing body.
(Code 1968, §§ 2-111– 2-116, 2-122, 2-128– 2-131, 2-137– 2-139, 2-145, 2-146, 2-152, 2-153, 2-158– 2-161)
------------
State law references: Departments generally, K.S.A. 12-1015.
------------
Secs. 2-232– 2-435. Reserved.
ARTICLE V. ------------
Cross references: Fees, ch. 42; taxation, ch. 82.
------------
Sec. 2-436. Creation of indebtedness.
No officer or employee of the city shall be authorized to create any indebtedness or claim against the city except as provided in this Code and as may be authorized by regulations of the city manager.
(Code 1968, § 2-12)
Sec. 2-437. Transfer of budgetary appropriation; general operating fund.
Inasmuch as the annual budget document of the city, and in particular those budget appropriations for the general operating fund, which provides for the municipal functions of administration, police, planning, engineering, streets, park, pool, zoo, fire, cemetery and inspection, reflect policy decisions as they may pertain to programs and levels of service provided by such functions, transfers of budgetary appropriations within the general operating fund shall not be done without prior approval of the governing body.
(Code 1968, § 2-20)
Sec. 2-438. Delinquent accounts receivable; interest charge.
The city clerk shall impose or cause to be imposed upon all delinquent accounts receivable of the city, excluding those of a utility usage nature for which fees are otherwise set forth in this Code for any and all material and labor services rendered by the city, an interest charge computed on the outstanding balance at the expiration of the monthly billing period at the periodic rate of 1.5 percent per month, which is an annual percentage rate of 18 percent. For purposes of this section, delinquent accounts receivable shall be those accounts receivable that are 30 days or more in arrears, computed forward from the billing date.
(Code 1968, § 1-9)
Secs. 2-439– 2-540. Reserved.
ARTICLE VI. ------------
Editor's note: A housing authority exists pursuant to the provisions of K.S.A. 17-2336 et seq.
Cross references: Plumbing and mechanical board of appeals, § 18-12; building code board of appeals, § 18-48; electrical board, § 18-101; board of health, § 50-31 et seq.; recreation commission, § 66-2; Holcomb-Garden City-Finney County Area Planning Commission, § 70-31 et seq.; city tree board, § 94-31 et seq.
------------
Secs. 2-541– 2-740. Reserved.
ARTICLE VII. ------------
State law references: Open records act, K.S.A. 45-215 et seq.; government records preservation act, K.S.A. 45-401 et seq.
------------
Sec. 2-741. Declaration of policy.
(a) It is declared to be the firm policy and intent of the city that all services, publications, forms, records and information pertaining to the affairs of the city and its general administration are to be supplied and furnished strictly in accordance with ordinances of the city and rules and regulations authorized thereby, and nothing herein shall be construed to deny members of the public access to public information or public records of the city.
(b) It shall be the duty of the city manager to make and enforce rules and regulations governing the use, safeguarding, care and maintenance of all property of the city.
(Code 1968, § 2-1)
Sec. 2-742. Destruction of old city records.
The city clerk or any other officer or employee of the city charged with the custody or having in their custody the following records, documents, or other papers may, subject to the provisions of section 2-743, destroy the same after they have been on file for the period stated:
(1) Claims (and the purchase orders thereto attached) presented and allowed by the governing body of the city or the board, commission, department, bureau or officer authorized to allow such claims, 15 years.
(2) Warrants or warrant checks, whether originals or duplicates, that have been stamped or marked paid as provided by law, five years.
(3) Duplicate of receipts or stubs of receipts issued, five years.
(4) Duplicates of utility bills sent to customers, five years.
(5) Bookkeeping or accounting records of utility customer's accounts, five years, except that the period for the records of deposits to guarantee the payment of bills or the return of meters shall begin when the account is closed or the customer ceases to receive service.
(6) Duplicates or stubs of licenses issued for license fees or occupation taxes, five years.
(7) Registration lists, five years.
(8) Poll books, two years.
(9) Appointment and oaths of judges and clerks of election boards, two years.
(10) Used ballots, as provided by K.S.A. 25-2708.
(11) Bonds of officials, officers, or employees, 15 years, the period to begin at the date of the termination of the term of employment.
(12) Insurance policies, five years, the period beginning at expiration of the policy unless a rate case is pending.
(13) Canceled checks, five years.
(14) Requisition and duplicate purchase orders, five years.
(15) Bonds and coupons stamped paid or canceled and returned by the state fiscal agent, five years, the period beginning at the date of maturity of the bond or coupon.
(Code 1968, § 2-2)
Sec. 2-743. Records to be preserved.
Nothing in section 2-741 shall be deemed to apply to records, documents or papers not specifically mentioned nor to authorize the destruction of records, documents, or papers which in their nature should be preserved permanently, nor to prohibit destruction of records, documents or papers obviously of only temporary value after a reasonable time.
GENERALLY
PUBLIC ETHICS*
CITY MANAGER
CITY CLERK
DEPARTMENTS*
FINANCE*
BOARDS, COMMISSIONS AND AUTHORITIES*
PUBLIC RECORDS*