City of Kingman

CHAPTER I. ADMINISTRATION

Article 1. General Provisions
Article 2. Governing Body
Article 3. Officers and Employees
Article 4. Personnel Policy and Employee Benefits
Article 5. Oaths and Bonds
Article 6. Open Records
Article 7. Investment of Public Funds
Article 8. Capital Improvement Fund

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ARTICLE 1. GENERAL PROVISIONS

1-101. CODE DESIGNATED. The chapters, articles and sections herein shall constitute and be designated as "The Code of the City of Kingman, Kansas," and may be so cited. The Code may also be cited as the "Kingman City Code."
(Code 2010)

1-102. DEFINITIONS. In the construction of this code and of all ordinances of the city, the following definitions and rules shall be observed, unless such construction would be inconsistent with the manifest intent of the governing body or the context clearly requires otherwise:
(a) City - shall mean the City of Kingman, Kansas.
(b) Code - shall mean "The Code of the City of Kingman, Kansas."
(c) 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; and if the last day be a Saturday, Sunday, or legal holiday, that day shall be excluded.
(d) County - means the County of Kingman in the State of Kansas.
(e) Delegation of Authority. - Whenever a provision appears requiring or authorizing the head of a department or officer of the city to do some act or perform some duty, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty unless the terms of the provision designate otherwise.
(f) Electronic Media - (1) Electronic storage media including memory devices in computers (hard drives) and any removable/transportable digital memory medium, such as magnetic tape or disk, optical disk, or digital memory card; or (2) transmission media used to exchange information already in electronic storage media. Transmission media include, for example, the Internet (wide open), extranet (using Internet technology to link a business with information accessible only to collaborating parties), leased lines, dial-up lines, private networks, and the physical movement of removable/transportable electronic storage media. Certain transmissions, including of paper, via facsimile, and of voice, via telephone, are not considered to be transmissions via electronic media, because the information being exchanged did not exist in electronic form before the transmission.
(g) Gender. - Words importing the masculine gender include the feminine and neuter.
(h) Governing Body - shall be construed to mean the Board of Commissioners of the city, or those persons appointed to fill a vacancy in any office as provided in this code.
(i) In the city - shall mean and include all territory over which the city now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
(j) 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 officers.
(k) Month - shall mean a calendar month.
(l) Number. - Words used in the singular include the plural and words used in the plural include the singular.
(m) Oath - includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the word "swear" is equivalent to the word "affirm."
(n) Officers, departments, etc. - Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the city, unless the context clearly indicates otherwise.
(o) 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.
(p) Person - includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit, as well as an individual.
(q) Property - includes real, personal and mixed property.
(r) Real Property - includes lands, tenements and hereditaments, and all rights thereto and interest therein, equitable as well as legal.
(s) Shall, may. - "Shall" is mandatory and "may" is permissive.
(t) Sidewalk - means any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
(u) Signature, subscription - includes a mark when the person cannot write, when his or her name is written near such mark and is witnessed by a person who writes his or her own name as a witness.
(v) State - shall be construed to mean the State of Kansas.
(w) Street - means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city.
(x) Tenant or occupant - applied to a building or land, shall include any person holding a written or oral lease of, or who occupies the whole or a part of such building or land, whether alone or with others.
(y) Tenses. - Words used in the past or present tense include the future as well as the past and present.
(z) Writing or written - may include printing, engraving, lithography and any other mode of representing words and letters, except those cases where the written signature or the mark of any person is required by law.
(aa) Year - means a calendar year, except where otherwise provided.
(Ord. 1892, Sec. 2; Code 2010)

1-103. EXISTING ORDINANCES. The provisions appearing in this code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments. (Code 2010)

1-104. EFFECT OF REPEAL. The repeal of an ordinance shall not revive an ordinance previously repealed, nor shall such repeal affect any right which has accrued, any duty imposed, any penalty incurred or any proceeding commenced under or by virtue of the ordinance repealed, except as shall be expressly stated therein. (Code 2010)

1-105. CATCHLINES OF SECTIONS. The catchlines of the sections of this code printed in capital letters are intended as mere catchwords to indicate the contents of the section 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 2010)

1-106. PARENTHETICAL AND REFERENCE MATTER. The matter in parenthesis at the ends of sections is for information only and is not a par t of the code. Citations indicate only the source and the text may or may not be changed by this code. This code is a new enactment under the provisions of K.S.A. 12-3014 and 12-3015. Reference matter not in parenthesis is for information only and is not a part of this code. (Code 2010)

1-107. AMENDMENTS; REPEAL. Any portion of this code may be amended by specific reference to the section number as follows: "Section _____ of the code of the City of Kingman is hereby amended to read as follows: (the new provisions shall then be set out in full). . ." A new section not heretofore existing in the code may be added as follows: "The code of the City of Kingman 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 Kingman is hereby repealed."
(Code 2010)

1-108. ORDINANCES. The governing body shall have the care, management and control of the city and its finances, and shall pass all ordinances needed for the welfare of the city. All ordinances shall be valid when a majority of all the members-elect of the city commission shall vote in favor.

1-109. SAME; SUBJECT AND TITLE; AMENDMENT. 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. (K.S.A. 12-3004; Code 2010)

1-110. SAME; 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 2010)

1-111. SAME; 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 2010)

1-112. RESOLUTIONS, 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 city commission. (Code 2010)

1-113. CITY RECORDS. The city clerk or any other officer or employee having custody of city records and documents shall maintain such records and documents in accordance with K.S.A. 12-120 to 12-121 inclusive, which is incorporated by reference herein as if set out in full and as provided in the state open records act and the city policy regarding open public records. (K.S.A. 12-120:121; Code 2010)

1-114. ALTERING CODE. It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of this code, or to insert or delete pages, or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the City of Kingman to be misrepresented thereby. This restriction shall not apply to amendments or revisions of this code authorized by ordinance duly adopted by the governing body. (Code 2010)

1-115. SCOPE OF APPLICATION. Any person convicted of doing any of the acts or things prohibited, made unlawful, or the failing to do any of the things commanded to be done, as specified and set forth in this code, shall be deemed in violation of this code and punished in accordance with section 1-116. Each day any violation of this code continues shall constitute a separate offense. (Code 2010)

1-116. GENERAL PENALTY. Whenever any offense is declared by any provision of this code, absent a specific or unique punishment prescribed, the offender shall be punished in accordance with this section.
(a) A fine of not more than $1,000; or,
(b) Imprisonment in jail for not more than 179 days; or,
(c) Both such fine and imprisonment not to exceed (a) and (b) above.
(Code 2010)

1-117. SEVERABILITY. 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 or unenforceable, such decision shall not affect the validity of the remaining portions of this code. (Code 2010)

ARTICLE 2. GOVERNING BODY

1-201. GOVERNING BODY. The governing body shall consist of the Board of Commissioners, to be elected as set out in this Article and Chapter 6 of this code.
(Ord. 1892, Sec. 2; Code 2010)

1-202. ESTABLISHMENT OF COMMISSION-MANAGER GOVERNMENT.
(a) On August 6, 1996, the question was submitted to the qualified electors of the City of Kingman, Kansas, whether or not the form of government of the City of Kingman, Kansas, should be changed from a City Commission form of government to a Commission-Manager form of government under the provisions of K.S.A. 12-1001 et seq. The qualified electors of the City approved said question on August 6, 1996.
(b) The provisions of Charter Ordinance 23 passed under the home rule powers of the City of Kingman, Kansas, pursuant to Article 12, Section 5 of the Constitution of the State of Kansas provides substitute and additional provisions for the Commission-Manager form of government for the City of Kingman, Kansas.
(c) All ordinances, resolutions, policies, rules, and regulations in force at the time Charter Ordinance 23 takes effect, which are not inconsistent with the provisions of Charter Ordinance 23, shall remain and be in force until altered, modified, or repealed by or under the authority of Charter Ordinance 23.
(d) All Charter Ordinances previously adopted by the City of Kingman, Kansas, before the enactment of Charter Ordinance 23 with provisions inconsistent with Charter Ordinance 23 are hereby repealed.
(e) If a court of competent jurisdiction should hold any section or part of Charter Ordinance 23 invalid, such holding shall not affect the remainder of said Charter Ordinance nor the context in which such section or part so held invalid may appear, except to the extent that an entire section or part may be inseparably connect in meaning and effect with that section or part.
(C.O. No. 23, Sec. 8; Code 2010)

1-203. COMPOSITION AND GENERAL POWERS OF GOVERNING BODY.
(a) The governing body of the City of Kingman, Kansas, shall be the Kingman City Commission that shall consist of five (5) commission members.
(b) All powers of the City of Kingman, Kansas, shall be vested in the governing body, except as the Constitution and statutes of the State of Kansas and the Kingman Municipal Code may otherwise provide.
(c) The governing body shall provide for the performance of all duties and obligations imposed upon the City by law.
(d) The governing body shall adopt such codes, rules, and regulations as may be necessary for the establishment of proper authority and direction for the administration of the affairs of the City.
(e) The governing body shall employ a City Manager as set forth herein.
(f) The governing body shall set priorities for budget preparation and adopt the annual budget of the City.
(g) The governing body shall by ordinance fix the salaries of the members of the governing body.
(h) It shall be the duty of the governing body to be the policy-making body of the City; to pass resolutions, ordinances, and contracts necessary for the welfare of the City; to provide for such offices as shall be necessary to carry out the provisions of the Kingman Municipal Code and determine the salaries for each.
(C.O. No. 23, Sec. 2; Code 2010)

1-204. SAME; POWERS GENERALLY; PRESERVING DECORUM.
(a) All powers exercised by cities of the second class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law, and insofar as they do not conflict with statutes relating to the commissioner-manager plan of government.
(b) The mayor or chairman of a board is the presiding officer or
chairperson of the meeting. As presiding officer, he or she is charged
with preserving order and decorum at the meeting. Preserving decorum
shall require every member to address the chair and wait until he or
she is recognized before proceeding. Proper address for the presiding
officer shall be Mr. or Madam Mayor, or Mr. or Madam Chairperson.
(Ord. 1892, Sec. 3; K.S.A. 12-103; Code 2010)

1-205. SAME; MEETINGS.
(a) The Board of Commissioners of the City of Kingman, Kansas, shall meet on each and every second and fourth Thursdays of each month in regular meeting in the City Hall at such times as shall be fixed by said Board of Commissioners, and take under advisement and act upon such business as may come before them.
(b) Special meetings may be called by the mayor or chairman of the board, on the written request of any three members of the city commission, specifying the object and purpose of such meeting, which request shall be read at a meeting and entered at length on the journal.
(c) Regular or special meetings of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body shall determine in its motion to adjourn.
(C.O. No. 18, Sec. 2; Ord. 1892, Sections. 3:4; K.S.A. 14-1403; Code 2010)

1-206. SAME; QUORUM. The majority of said board shall consist of a quorum for the transaction of business. (C.O. No. 23; Ord. 1892, Sec. 3; K.S.A. 14-1308; Code 2010)

1-207. ANNUAL ORGANIZATIONAL MEETING. On the first regular meeting of April, the governing body shall:
(a) Elect from one of its members by majority vote a Mayor to serve until the next regularly scheduled organizational meeting.
(b) Elect from one of its members by majority vote a Vice Mayor who, in the absence, disability, or disqualification of the Mayor, shall become acting Mayor. Such commission member shall retain all voting rights and other prerogatives as a commission member while acting as Mayor.
(c) Conduct, in odd-numbered years, the organizational meeting at the first, regularly scheduled meeting of the governing body after certification of the election.
(d) When there is a vacancy in the office of Mayor, the Vice Mayor, upon being qualified, shall become the Mayor to serve until the next regular organizational meeting.
(C.O. No. 23, Sec. 4; Code 2010)

1-208. POWERS AND DUTIES OF MAYOR. The Mayor of the City of Kingman shall:
(a) Be the titular head of the City and shall preside at all meetings of the governing body.
(b) Sign all ordinances and resolutions passed by the governing body.
(c) Have the right to vote as a member of the governing body on all questions that may arise, but he or she shall not have veto power.
(d) Sign all contracts authorized by the governing body before the City shall be liable thereon.
(e) Represent the governing body at all official City functions and shall be the official representative of the governing body at all meetings, conferences, and negotiations relating to policy matters involving other governmental units and shall recommend governing body action relating thereto.
(f) Be the official representative of the governing body at all conferences and meetings with citizens? groups and organizations interested in promoting the welfare and development of the City and shall recommend governing body action relative thereto.
(g) Inform the governing body concerning questions of policy and may make policy recommendations to the governing body.
(h) Shall be empowered to call special meetings as provided for in
Section 1-205.
(C.O. No. 23, Sec. 5; Code 2009)

1-209. PROHIBITIONS.
(a) Neither the governing body nor any of its individual members shall in any manner direct, supervise, or require the appointment, promotion, transfer, assignment, demotion, discipline, laying off, suspension, discharge, or removal of any officers or employees whom the City Manager is empowered to appoint.
(b) Governing body members may express his or her view and fully and freely discuss with the City Manager anything pertaining to appointment, promotion, transfer, assignment, demotion, suspension, discharge, and removal of such appointive officers and employees whom the City Manager is empowered to appoint.
(c) No member of the governing body shall directly interfere with the conduct of any department, except at the express direction of the governing body.
(d) The governing body and its individual members shall deal with appointive officers and employees solely through the City Manager, but they may request information necessary for work of the governing body.
(C.O. No. 23, Sec. 6; Code 2010)

1-210. VACANCIES IN GOVERNING BODY; HOW FILLED. Incase of a vacancy in the office of commissioner occurring by resignation, death, or removal from office or from the City, the mayor, by and with the consent of a majority of the remaining commissioners, shall appoint such suitable elector of the City to fill the vacancy until the next election for that office. (C.O. No. 23, Sec. 3; Code 2010)

1-211. COMPENSATION. Members of the governing body shall receive as compensation such amounts as may be fixed by ordinance. (Code 2010)

1-212. EXPENSES. Each member of the governing body shall receive for his or her services and as reimbursement for his or her expenses, compensation as shall be set by the Personnel Guidelines for the City of Kingman. (Code 2010)

1-213. INCORPORATING CODE OF PROCEDURE FOR KANSAS CITIES. There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city commission meetings of the City of Kingman, Kansas, that certain code known as the "Code of Procedure for Kansas Cities," Edition of 2006, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three copies of said Code of Procedure for Kansas Cities shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Kingman, Kansas," with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. (Code 2010)

1-214. SAME; AMENDMENTS.
(a) Section 7 of the Code of Procedure for Kansas Cities, shall be amended to read as follows:
Public Comment. If public comment is allowed during a meeting, the citizen desiring to comment on matters of a general nature, not specific to an agenda item, shall sign up in advance of the meeting and shall provide his or her name and address for the purpose of putting both in the minutes of the meeting. The mayor may limit the time of the each citizen based upon the number of people wishing to speak and the amount of time available for the public comment portion of the meeting. The public is not guaranteed the right to speak during a meeting except during public comment. The Mayor or presiding officer shall be the only person to recognize speakers.
(b) Section 12 shall be amended to read as follows:
Order of Business. At the hour appointed for the meeting the Mayor shall call the meeting to order. The Vice-Mayor shall chair the meeting in the absence of the Mayor. Upon having a quorum present, the governing body shall proceed to business which shall be conducted in the following order.
I. Call to Order
II. Kingman Area Ministries, Inc.
III. Approval of Agenda
IV. Approval of Minutes
V. Approval of Bills Payable
VI. Approval of Appointments or License
VII. Notice and Communications
VIII. Engineers Report
IX. Public Comment
X. Ordinances and Resolutions
XI. New Business
XII. Unfinished Business
XIII. Administrative Report
XIV. Building Permits Approved by Inspector
XV. Commissioner Comments
(c) Section 36 shall be amended to read as follows:
Same; Transaction of City Business; Majority Requirement. No transaction of any city business shall be valid unless a majority of the members-elect of the commission vote in favor thereof.
(d) Section 38 shall be amended to read as follows:
Voting; Charter Ordinance; Commission City. The adoption of a charter ordinance requires 4 affirmative votes of the commission. The mayor is considered a member of the governing body.
(Ord. 1895, Sec. 2; Ord. 1892, Sec. 6:7, 13, 15; Code 2010)

1-215. SAME; DELETIONS. Sections 13, 31, 32, 33, 34, 37, 39 and 40 of the Code of Procedure for Kansas Cities, is hereby declared deleted.
(Ord. 1895, Sec. 1; Ord. 1892, Secs. 8-12, 14, 16:17; Code 2010)

1-216. CODE OF ETHICS.
(a) Declaration of Policy - The proper operation of our government requires that public officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels and that the public have confidence in the integrity of its government. In recognition of those goals, there is hereby established a Code of Ethics for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this code is to establish ethical standards by setting forth those acts or actions that are incompatible with the best interests of the city.
(b) Responsibilities of Public Office - Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state, and city and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the long term public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.
(c) Dedicated Service - All officials and employees of the city should be responsive to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rule of work and performance established as the standard for their positions by the appropriate authority.
Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work.
(d) Fair and Equal Treatment - (1) Interest in Appointments. Canvassing of members of the city commission, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the city commission.
(2) Use of Public Property - No official or employee shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as city policy for the use of such official or employee in the conduct of official business.
(3) Obligations to Citizens - No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.
(e) Conflict of Interest - No elected or appointive city official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her duties in the public interest or would tend to impair his or her independence of judgment or action in the performance of his or her official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association.
Specific conflicts of interest are enumerated below for the guidance of officials and employees:
(1) Incompatible Employment - No elected or appointive city official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties.
(2) Disclosure of Confidential Information - No elected or appointive city official or employee, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the city. Nor shall he or she use such information to advance the financial or other private interest of himself, herself or others.
(3) Gifts and Favors. No elected or appointive city official or employee shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee (a) accept any gift, favor or thing of value that may tend to influence him or her in the discharge of his or her duties or (b) grant in the discharge of his or her duties any improper favor, service, or thing of value. The prohibition against gifts or favors shall not apply to: (a) an occasional nonpecuniary gift, of only nominal value or (b) an award publicly presented in recognition of public service or (c) any gift which would have been offered or given to him or her if not an official or employee.
(4) Representing Private Interest Before City Agencies or Courts - No elected or appointive city official or employee whose salary is paid in whole or in part by the city shall appear in behalf of private interest before any agency of this city. He or she shall not represent private interests in any action or proceeding against the interest of the city in any litigation to which the city is a party.
(Code 2010)

1-217. ABANDONMENT.
(a) A proposition to abandon the commission-manager form of government and accept either the mayor and commissioner form of government law or the mayor and council form of government law must first be submitted to a vote of qualified electors of the City of Kingman, Kansas, in the manner proscribed by K.S.A. 12-184.
(b) Whenever the proposition to abandon the commissioner-manager form of government shall have been defeated at any election, another election to vote on such proposition shall not be called until after the expiration of four (4) years from such previous election.
(c) The heading of any petition for a special election to abandon the commission-manager form of government, and any ballot for a special election called on the basis of said petition, must include the specific new government form to be adopted in its place.
(d) Any petition for the submission of a proposition hereunder shall be headed "Petition for a Special Election of the City of Kingman, Kansas, to vote on the abandonment of the commission-manager form of government and adopt the (mayor and commissioner) (mayor and council) form of government."
(e) The form of the ballots to be used at said election on the commission-manager form of government shall be as follows:
"Shall the City of Kingman, Kansas, abandon the commission- manager form of government and become a city operating under the general laws governing (mayor and commissioner) (mayor and council) form of government."
(f) If a majority of the votes cast upon said proposition shall be in favor of abandoning the commission-manager form of government, then at the next regular City election, a new governing body shall be elected in conformance with the proposition and, upon their qualification, the rights, powers, and duties of the City Manager and previous Kingman City Commission shall cease and terminate.
(C.O. No. 23, Sec. 17; Code 2010)

ARTICLE 3. OFFICERS AND EMPLOYEES

1-301. APPOINTMENT; REQUIREMENTS. All officers elected or appointed shall be qualified electors of said city, except that the city may appoint non-residents as city attorney, municipal judge and as law enforcement officers when deemed necessary, including the appointment of nonresidents who also serve as city attorney, municipal judge or law enforcement officers of another municipality or public agency; provided, that nothing herein shall authorize the appointment of nonresidents of this state. The city attorney shall be qualified elector of the county in which said city is located or of an adjoining county. The removal from such city of any officer required to be a qualified elector shall occasion a vacancy in such office. The clerk shall enter every appointment to office, and the date thereof, on the journal of proceedings. The Commission may require all city officers, elected or appointed, to take and subscribe an oath and give bonds and security for the faithful performance of their duties. (C.O. No. 11, Sec. 2; Code 2010)

1-302. APPOINT CITY MANAGER. The governing body shall appoint a city manager as provided in Article 3 of this chapter, and shall be responsible for his or her efficient administration of the city's business. The city manager shall serve at the pleasure of the governing body.
(C.O. No. 23, Sec. 9; K.S.A. 12-1010; Code 2010)

1-303. QUALIFICATIONS; REQUIREMENTS; COMPENSATION.
(a) The governing body shall establish the compensation of the City Manager.
(b) The City Manager shall be appointed primarily upon the basis of executive, managerial, and administrative qualifications as demonstrated by a verified record of training and experience in public administration and shall have such other qualifications as the governing body shall determine to be relevant.
(c) The governing body shall conduct an annual job performance review of the City Manager.
(d) The City Manager need not be a resident of the City at the time of appointment, but he or she must reside in the City while in office.
(e) The terms and conditions of employment of the City Manager shall be reduced to a written contract and approved by the governing body. The governing body shall retain the power to remove the City Manager from office upon reasonable notice at their pleasure as set forth in the contract between the City Manager and the governing body.
(C.O. No. 23, Secs. 11:14; Code 2010)

1-304. POWERS AND DUTIES. The City Manager shall be the chief administrative officer of the City of Kingman and shall be responsible to the governing body for administration of the City's affairs placed in his or her charge by the Kingman Municipal Code. The City Manager shall:
(a) Provide assistance and advice to the governing body as needed.
(b) After appropriate consultation with the governing body, prepare and submit a recommended annual budget to the governing body for final adoption.
(c) Be responsible for administration of the City's budget after the governing body adopts it.
(d) Make recommendations to the governing body on all matters concerning the welfare of the City.
(e) Ensure that all ordinances, resolutions, codes, regulations, rules, policies, directions, and acts of the governing body are faithfully enforced, administered, and executed.
(f) Appoint, promote, transfer, assign, demote, discipline, lay off, suspend, discharge, or remove appointed officers and employees of the City. The City Manager may authorize any appointive officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates of that officer.
(g) Direct and supervise the administration of all offices and all appointive officers and employees of the City.
(h) Attend all governing body meetings, unless excused by the governing body, and have the right to take part in discussions, but the City Manager shall not have the right to vote.
(i) Assist the governing body in the preparation of meeting agendas, ordinances, resolutions, rules, regulations, policies, as well as other such matters as may be requested by the governing body.
(j) Submit to the governing body, and make available to the public, periodic and annual reports on the financial and administrative affairs of the City.
(k) Keep the governing body advised on the financial conditions and needs of the City.
(l) Annually prepare and submit to the governing body recommendations for a capital development and financing program for the City.
(m) Make such other reports as the governing body may require concerning the operations of the City.
(n) Have such other powers and duties consistent with the Kingman Municipal Code as the governing body may prescribe.
(C.O. No. 23, Sec. 16; Code 2010)

1-305. ACTING CITY MANAGER. By written notice filed with the governing body, the City Manager may designate, subject to approval of the governing body, a qualified appointive administrative officer to exercise the powers and perform the duties of City Manager during any temporary absence or disability of the City Manager. (C.O. No. 23, Sec. 15; Code 2010)

1-306. CREATION OF DEPARTMENTS. Administrative departments shall be created by the governing body as the public business may demand. (C.O. No. 23, Sec. 18; Code 2010)

1-307. SAME; ELIGIBILITY FOR OFFICE. No person shall be eligible to any appointive office unless he or she shall be a bona fide resident of the City prior to his or her appointment, except as may be otherwise provided by statute or Section 1-301. Nonresident expert employees may be hired by the City Manager when he or she deems it necessary.
(a) Residency provisions of this section shall not apply to City employees or officers that are employed at the time Charter Ordinance 23 is passed.
(b) Residency provisions shall not at any time apply to volunteer firefighters and emergency medical service employees.
(C.O. No. 23, Sec. 19; Code 2010)

1-308. SAME; APPOINTMENT. All appointments shall be made by the City Manager based upon qualification, competence, and merit. All department heads shall be ready to furnish the City Manager with such information as he or she may require. The offices to be filled are as follows:
(a) City Clerk
(b) City Treasurer
(c) City Attorney
(d) Municipal Judge
(e) Fire Chief
(f) Superintendent of Municipal Power and Light
(g) Chief of Police
(h) Superintendent of Public Works
(i) Health Officer
(j) Any other such officers and assistants as deemed necessary by the governing body for the best interests of the City.
(C.O. No. 23, Sec. 20; Code 2010)

1-309. SAME; REMOVAL AND VACANCIES.
(a) The City Manager shall have the power to remove for cause any and all of the officials named in Section 1-308.
(b) The governing body may at any time deemed necessary or expedient discontinue any office, except those specifically provided for by statute.
(c) In case of the disability or vacancy occurring by death, resignation, or removal by the City Manager of any City officer, the City Manager shall appoint some suitable person to fill the unexpired term.
(d) All resignations of appointive officers shall be made in writing to the City Manager for his or her action thereupon.
(e) An officer moving his or her residence from the territorial limits of the City shall automatically vacate his or her office, except as provided in Section 1-307.
(C.O. No. 23, Sec. 21; Code 2010)

1-310. ACTING CITY ENGINEER DESIGNATED. The City Manager may retain a licensed professional engineer to act in the capacity of City Engineer for specifically defined duties and provide for reasonable compensation for the services rendered. (C.O. No. 23, Sec. 22; Code 2010)

1-311. CITY CLERK. The city clerk shall:
(a) Be custodian of all city records, books, files, papers, documents and other personal effects belonging to the city and not properly pertaining to any other office;
(b) Carry on all official correspondence of the city;
(c) Attend and keep a record of the proceedings of all regular and special meetings of the governing body;
(d) Enter every appointment of office and the date thereof in the journal;
(e) Enter or place each ordinance of the city in the ordinance books after its passage;
(f) Publish all ordinances, except those appropriating money, and such resolutions, notices and proclamations as may be required by law or ordinance.
(Code 2010)

1-312. SAME; SEAL; OATHS. The city clerk shall:
(a) Have custody of the corporate seal of the city and shall affix the same to the official copy of all ordinances, contracts, and other documents required to be authenticated;
(b) Have power to administer oaths for all purposes pertaining to the business and affairs of the city;
(c) Keep suitable files of all such oaths required to be deposited in his or her office.
(Code 2010)

1-313. COLLECTION AND RECORD KEEPING OF DEBTS. The City Clerk shall collect all money due the City as directed by the City Manager or applicable statutes, including water, light and power bills. The City Clerk shall keep a record of the various funds into which the money is paid and shall keep a record of all indebtedness created by the governing body, in such record there shall be shown the date of the making of the contract or the creation of the debt, the amount of the contract or debt, the time payable, and the particular fund from which the payment is to be made. The City Clerk shall, upon request of the City Manager, any member of the governing body, any taxpayer of the City, or any person desiring to enter into any contract with the City or who has any claim against the City, exhibit such records to such person. (C.O. No. 23, Sec. 23; Code 2010)

1-314. SAME; OTHER DUTIES. The City Clerk shall perform all such other duties as required by statute or the City Manager. (C.O. No. 23, Sec. 24; Code 2010)

1-315. CITY TREASURER; RECORD KEEPING AND INSPECTION. The City Treasurer shall keep the City's books and accounts in a regular system as required by statute and the City Manager. Such books and accounts shall at all reasonable times be open to inspection by the governing body, City Manager, City Attorney, or City Clerk. (C.O. No. 23, Sec. 25; Code 2010)

1-316. SAME; DUTIES UNDER "CASH BASIS" LAW. The City Treasurer shall not knowingly pay any order, warrant, check, or other evidence of indebtedness out of the treasury of the City in excess of the amount of funds actually on hand in the treasury at the time for such purpose, unless otherwise provided in the "cash basis" act. The City Treasurer shall keep a record of the amount of money in each particular fund and each order, warrant, check or other evidence of indebtedness drawn on the treasury and paid, giving the date of payment. The City Treasurer shall, upon request of any member of the governing body, the City Manager, any taxpayer of the City, or any person desiring to contract with the City or who has a claim against the City, exhibit such record to such person or give such person a statement in writing, showing the balances on hand in each fund of the City. (C.O. No. 23, Sec. 26; Code 2010)

1-317. EMERGENCY MEDICAL SERVICES; DUTIES OF DIRECTOR AND ASSISTANTS.
(a) Under the direction of the City Manager, the Director of Emergency Medical Services shall have general supervision of the emergency medical services department and direct supervision of all assistants under him or her.
(b) Assistants shall perform such duties as the Director or the City Manager may direct.
(c) The Director of Emergency Medical Services shall supervise and operate, under the ordinances of the City and direction of the City Manager, all emergency medical equipment and emergency medical vehicles of the City.
(C.O. No. 23, Sec. 30; Code 2010)

1-318. SUPERINTENDENT OF MUNICIPAL POWER AND LIGHT; DUTIES OF SUPERINTENDENT AND ASSISTANTS.
(a) Under the direction of the City Manager, the Superintendent of Municipal Power and Light shall have general supervision of the electric power and light system and direct supervision of all assistants under him or her.
(b) Assistants shall perform such duties as the Superintendent or the City Manager may direct.
(C.O. No. 23, Sec. 34:35; Code 2010)

1-319. SUPERINTENDENT OF PUBLIC WORKS; DUTIES OF SUPERINTENDENT AND ASSISTANTS.
(a) Under the direction of the City Manager, the Superintendent of Public Works shall have general supervision of the water works system, sanitary sewer system, and the sewage treatment and disposal plant as well as the streets, parks, and cemetery operations of the City.
(b) Under the direction of the City Manager, the Superintendent of Public Works shall have direct supervision of all assistants under him or her.
(c) Assistants shall perform such duties as the Superintendent or the City Manager may direct.
(C.O. No. 23, Sec. 36:37; Code 2010)

1-320. CITY ATTORNEY; OFFICE; DUTIES. There is hereby established the office of city attorney. No person shall be eligible for the office of city attorney who is not an attorney at law admitted to practice in the Supreme Court of the State of Kansas. The city attorney shall be charged with the general direction and supervision of the legal affairs of the city. The city attorney shall:
(a) Attend meetings of the city commission when so directed to attend;
(b) Advise the city commission and all officers of the city upon such legal questions affecting the city and its offices as may be submitted to him or her;
(c) When requested by the city commission, give opinions in writing upon any such questions;
(d) Draft such ordinances, contracts, leases, easements, conveyances and other instruments in writing as may be submitted to him or her in the regular transaction of affairs of the city;
(e) Approve all ordinances of the city as to form and legality;
(f) Attend planning commission and board of zoning appeals meetings when so directed by the boards;
(g) Appear and prosecute all violations of city ordinances in municipal court when his or her services shall be required;
(h) Perform such other duties as may be prescribed by the governing body and the Kansas statutes.
(Code 2010)

1-321. CITY PROSECUTOR; OFFICE; DUTIES. (a) There is hereby established the office of city prosecutor. No person shall be eligible for the office of city prosecutor who is not an attorney at law admitted to practice law in the State of Kansas. The city prosecutor shall:
(1) Attend meetings of the governing body when so directed to attend by the mayor or city attorney;
(2) Advise the city council and all officers of the city upon legal questions affecting the city and its officers as may be submitted to him or her;
(3) Draft such ordinances and other instruments in writing as may be submitted to him or her in the regular transactions of the affairs of the city;
(4) Appear and prosecute all violations of city ordinances in municipal court;
(5) Perform such other duties as may be prescribed by the governing body and the Kansas statutes.
(b) The governing body may appoint a city prosecutor in accordance with section 1-301. In the event that there is no city prosecutor, the city attorney shall serve in such capacity.
(Code 2010)

1-322. APPOINTMENT OR EMPLOYMENT IN MORE THAN ONE POSITION. The same person may be appointed to more than one appointive office, or employed in more than one department, except that the same person shall not be appointed to incompatible offices. Salaries or wages of such persons shall be prorated between the proper funds of the several offices or departments. (Code 2010)

1-323. CONFLICT OF INTEREST.
(a) No city officer or employee shall be 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 the officer or employee owns a legal or equitable interest exceeding $5,000 or five percent, whichever is less, individually or collectively with his or her spouse; or
(2) From which the officer or employee receives, in the current or immediately preceding or succeeding calendar year, any salary, gratuity, other compensation or a contract for or promise or expectation of any such salary, gratuity or other compensation or remuneration having a dollar value of $1,000 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 the 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 2010)

ARTICLE 4. PERSONNEL POLICY AND EMPLOYEE BENEFITS

1-401. PERSONNEL POLICIES AND GUIDELINES. There is hereby incorporated by reference for the purpose of establishing employee personnel rules and regulations the document entitled "Uniform Personnel Policies and Guidelines for the City of Kingman." No fewer than three copies of said document shall be marked or stamped "Official Copy as adopted by the Code of the City of Kingman" and which there shall be attached a copy of this section. Said official copies shall be filed with the city clerk and shall be open to inspection and available to the public at all reasonable hours. All departments of the city shall be supplied with copies of such rules and regulations as may be deemed necessary. (Code 2010)

ARTICLE 5. OATHS AND BONDS

1-501. OATH; AFFIRMATION. All officers and employees of the city, 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 follows:

Oath: "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 or position). So help me God."

Affirmation: " I do solemnly, sincerely and truly declare and affirm that I will support the Constitution of the United States and of the State of Kansas and faithfully discharge the duties of ___________ (enter name of office or position). This I do under the pains and penalties of perjury.
(K.S.A. 75-4308, 54-104, 54-106; Code 2010)

1-502. OATHS FILED. All officers and employees required to take and subscribe or sign an oath or affirmation shall be supplied the 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 by the city clerk. (Code 2010)

1-503. BONDS REQUIRED. (a) The following city officers shall each, before entering upon the duties of his or her office, give a good and sufficient corporate surety bond to the city. The bond shall be in the following amount, to wit:
(1) City treasurer - $200,000;
(2) City clerk - $200,000;
(3) Clerk of municipal court - $10,000;
(4) Judge of municipal court - $1,000.
(b) The governing body may provide for the coverage by blanket bond of such officers and employees and in such amounts as the governing body may, by resolution, designate. (Code 2010)

1-504. SAME; PREMIUMS. All premiums on surety bonds shall be paid by the city.
(K.S.A. 78-111; Code 2010)

1-505. CONDITION OF BONDS. Each of the bonds required in section 1-503 of this article shall be conditioned for the faithful performance of duty and all acts required by the laws of Kansas and 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 by virtue of his or her office. (Code 2010)

1-506. APPROVAL OF BONDS. All bonds given to the city shall be approved as to their 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 2010)

ARTICLE 6. OPEN RECORDS

1-601. POLICY.
(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 2010)

1-602. RECORD CUSTODIANS.
(a 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.
(b) The official custodian shall prominently display or distribute or otherwise make available to the public a brochure in the form prescribed by the Local Freedom of Information Officer that contains basic information about the rights of a requester, the responsibilities of a public agency, and the procedures for inspecting or obtaining a copy of public records under the Kansas Open Records Act. The official custodian shall display or distribute or otherwise make available to the public the brochure at one or more places in the administrative offices of the city where it is available to members of the public who request public information in person.
(Code 2010)

1-603. LOCAL FREEDOM OF INFORMATION OFFICERS. The Local Freedom of Information Officer shall:
(a) Prepare and provide educational materials and information concerning the Kansas Open Records Act;
(b) be available to assist the city and members of the general public to resolve disputes relating the Kansas Open Records Act;
(c) respond to inquiries relating to the Kansas Open Records Act;
(d) establish the requirements for the content, size, shape and other physical characteristics of a brochure required to be displayed or distributed or otherwise made available to the public under the Kansas Open Records Act. In establishing such requirements for the content of the brochure, the Local Freedom of Information Officer shall include plainly written basic information about the rights of a requester, the responsibilities of the city, and the procedures for inspecting and obtaining a copy of public records under the Act.
(Code 2010)

1-604. PUBLIC 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 2010)

1-605. FACILITIES 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 2010)

1-606. PROCEDURES 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 2010)

1-607. APPOINTMENT 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.
(g) EMS Director - All public records not on file in the office of the city clerk and kept and maintained in the city EMS department.
(Code 2010)

1-608. APPOINTMENT OF LOCAL FREEDOM OF INFORMATION OFFICER. The City Clerk is hereby appointed as the local freedom of information officer and charged with all of the duties as set forth in section 1-603. (Code 2010)

1-609. DESIGNATION OF ADDITIONAL RECORD CUSTODIANS.
(a) Each of the official custodians appointed in section 1-607 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 2010)

1-610. 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 2010)

1-611. FEE 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 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 city clerk and treasurer of the city. (Code 2010)

1-612. INSPECTION FEE.
(a) 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 $15.00 per hour per employee engaged in the record search. A minimum charge of $10.00 shall be charged for each such request. (Code 2010)

1-613. COPYING FEE.
(a) A fee of $0.25 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 2010)

1-614. PREPAYMENT OF FEES.
(a) 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 $100.00.
(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.
(Code 2010)

1-615. PAYMENT. 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. (Code 2010)

ARTICLE 7. INVESTMENT OF PUBLIC FUNDS

1-701. PURPOSE AND GOALS. It is the purpose of this statement to set forth the public policies of the city relating to the investment of public moneys, and establish procedural requirements as to investment management practice. The objective of the investment policy and program of the city shall be as follows:
(a) The safeguarding of all public moneys shall be of the highest priority. Public money shall not be invested or managed in any matter which would jeopardize the safety of the principal.
(b) Consistent with the requirement of safety, the objective of the investment program shall be to aggressively manage and invest all public moneys to maximize net earnings, consistent with the public responsibility to secure maximum, safe investment return possible from moneys assigned to its stewardship, to relieve demands on the property tax and to otherwise reduce the cost of public services.
(Code 2010)

1-702. ACTIVE FUNDS; DESIGNATION OF DEPOSITORIES; ELIGIBLE DEPOSITORIES.
(a) The governing body shall designate the banks, savings and loan associations and savings banks which shall serve as depositories of its funds. The clerk, treasurer or other city officer or employee having the custody of city funds shall deposit such funds only at the designated banks, savings and loan associations and savings banks. Only banks, savings and loan associations and savings banks that have main or branch offices in Kingman County shall be designated as official depositories. No such bank, savings bank or savings and loan association shall be designated as a depository until the city is assured that it can obtain satisfactory security for its deposits.
(b) The clerk, treasurer or other city officer or employee depositing public funds shall deposit all such public funds coming into such person's possession in their name and official title as such officer. If the governing body fails to designate an official depository or depositories, the officer thereof having custody of city funds shall deposit such funds with one or more banks, savings and loan associations or savings banks which have main or branch offices in Kingman County if satisfactory security can be obtained therefore and if not then elsewhere. In such event, the officer or employee shall serve notice in writing on the governing body showing the names and locations of such banks, savings and loan associations and savings banks where such funds are deposited, and upon so doing the officer or employee having custody of such funds shall not be liable for the loss of any portion thereof except for official misconduct or for the misappropriation of such funds by the officer or employee.
(c) If eligible banks, savings and loan associations or savings banks under subsections (a) or (b) cannot or will not provide an acceptable bid, which shall include services, for the depositing of public funds under this section, then banks, savings and loan associations or savings banks which have main or branch offices in any immediately adjoining county may receive deposits of the city's active funds, if such banks, savings and loan associations or savings banks have been designated as official depositories under subsection (a) and the city can obtain satisfactory security therefore. (Code 2010)

1-703. DEFINITIONS. As used in this article the following words and phrases shall mean:
(a) Bank - means any bank incorporated under the laws of the state of Kansas or any other state, or organized under the laws of the United States and which has a main or branch office in Kansas;
(b) Savings and loan association - means any savings and loan association incorporated under the laws of the state of Kansas or any other state, or organized under the laws of the United States and which has a main or branch office in Kansas;
(c) Savings bank - means any savings bank organized under the laws of the United States and which has a main or branch office in Kansas;
(d) Main office - means the place of business specified in the articles of association, certificate of authority or similar document, where the business of the institution is carried on and which is not a branch;
(e) Branch - means any office within this state, other than the main office, that is approved as a branch by a federal or state supervisory agency, at which deposits are received, checks paid or money lent. Branch does not include an automated teller machine, remote service unit or similar device or a loan production office;
(f) Investment rate - means a rate which is the equivalent yield for United States government securities having a maturity date as published in the Wall Street Journal, nearest the maturity date for equivalent maturities. The 0-90 day rate shall be computed on the average effective federal funds rate as published by the federal reserve system for the previous week. (Code 2010)

1-704. INVESTMENT OF IDLE FUNDS. Temporarily idle moneys of the city not currently needed, may in accordance with the procedure hereinafter described be invested:
(a) In temporary notes or no-fund warrants issued by the city;
(b) In time deposit, open accounts, certificates of deposit or time certificates of deposit with maturities of not more than two years:
(1) In banks, savings and loan associations and savings banks, have main or branch offices located in the city; or
(2) If no main or branch office of a bank, savings and loan association or savings bank is located in the city, then in banks, savings and loan associations and savings banks, which have main or branch offices in the county or counties in which all or part of the city is located;
(c) In repurchase agreements with:
(1) Banks, savings and loan associations and savings banks, which have main or branch offices located in the city, for direct obligations of, or obligations that are insured as to principal and interest by, the United States government or any agency thereof; or
(2)
(A) If no main or branch office of a bank, savings and loan association or savings bank, is located in the city; or
(B) If no such bank, savings and loan association or savings bank having a main or branch office located in the city is willing to enter into such an agreement with the city at an interest rate equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto, then such repurchase agreements may be entered into with banks, savings and loan associations or savings banks which have main or branch offices in the county or counties in which all or part of the city is located; or
(3) If no bank, savings and loan association or savings bank, having a main or branch office in such county or counties is willing to enter into such an agreement with the city at an interest rate equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto, then such repurchase agreements may be entered into with banks, savings and loan associations or savings banks located within the State of Kansas;
(d) In United States treasury bills or notes with maturities as the governing body shall determine, but not exceeding two years. Such investment transactions shall only be conducted with banks, savings and loan associations and savings banks; the federal reserve bank of Kansas City, Missouri; or with primary government securities dealers which report to the market report division of the federal reserve bank of New York, or any broker-dealer engaged in the business of selling government securities which is registered in compliance with the requirements of section 15 or 15C of the securities exchange act of 1934 and registered pursuant to K.S.A. 2005 Supp. 17-12a401, and amendments thereto;
(e) In the municipal investment pool fund established in K.S.A. 12-1677a, and amendments thereto;
(f) In the investments authorized and in accordance with the conditions prescribed in K.S.A. 12-1677b, and amendments thereto; or
(g) In multiple municipal client investment pools managed by the trust departments of banks which have main or branch offices located in county or counties where city is located or with trust companies incorporated under the laws of this state which have contracted to provide trust services under the provisions of K.S.A. 9-2107, and amendments thereto, with banks which have main or branch offices located in the county or counties in which the City of Kingman is located. Public moneys invested under this paragraph shall be secured in the same manner as provided for under K.S.A. 9-1402, and amendments thereto. Pooled investments of public moneys made by trust departments under this paragraph shall be subject to the same terms, conditions and limitations as are applicable to the municipal investment pool established by K.S.A. 12-1677a, and amendments thereto.
(h) The investments authorized in subsections (d), (e), (f) or (g) of this section shall be utilized only if the banks, savings and loan associations and savings banks eligible for investments authorized in subsection (b), cannot or will not make the investments authorized in subsection (b) available to the city at interest rates equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto.
(i) In selecting a depository pursuant to subsection (b), if a bank, savings and loan association or savings bank eligible for an investment deposit thereunder has an office located in the city and such financial institution will make such deposits available to the city at interest rates equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto, and such financial institution otherwise qualifies for such deposit, the governing body shall select one or more of such eligible financial institutions for deposit of funds pursuant to this section. If no such financial institution qualifies for such deposits, the city shall select for such deposits one or more eligible banks, savings and loan associations or savings banks which have offices in the county or counties in which all or a part of the city is located which will make such deposits available to the city at interest rates equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto, and which otherwise qualify for such deposits. (Code 2010)

1-705. PROCEDURES AND RESTRICTIONS. The city clerk shall periodically report to the City Manager as to the amount of money available for investment and the period of time such amounts will be available for investment, and shall submit such recommendations as deemed necessary for the efficient and safe management of city finances. The recommendations of the city clerk shall provide for an investment program which shall so limit the amounts invested and shall schedule the maturities of investments so that the city will, at all times, have sufficient moneys available on demand deposit to assure prompt payment of all city obligations. (Code 2010)

1-706. CUSTODY AND SAFEKEEPING. Securities purchased pursuant to this article shall be under the care of the city clerk and city treasurer and shall be held in the custody of a state or national bank or trust company, or shall be kept by such officers in a safety deposit box of the city in a bank or trust company. Securities in the original or receipt form held in the custody of a bank or trust company shall be held in the name of the city, and their redemption, transfer, or withdrawal shall be permitted only upon the written instruction of the city officers. Securities not held in the custody of a bank or trust company shall be personally deposited by such officer in a safety deposit box in the name of the city in a bank or trust company, access to which shall be permitted only in the personal presence and under the signature of two of the abovementioned officers. (Code 2010)

1-707. SALE OR TRANSFER. If, in order to maintain sufficient moneys on demand deposit in any fund as provided in 1-705, it becomes necessary to transfer or sell any securities of such funds, the officers specified in Section 6 may transfer said securities to any other fund or funds in which there are temporarily idle moneys, or shall sell such securities, and for such purpose they shall have authority to make any necessary written direction, endorsement or assignment for and on behalf of the city. (Code 2010)

1-708. INTEREST ON TIME DEPOSITS. The city clerk shall deposit the interest earned on invested idle funds to the general fund, unless otherwise required or authorized by law. (Code 2010)

ARTICLE 8. CAPITAL IMPROVEMENT FUND

1-801. FUND ESTABLISHED. In accordance with the provisions of K.S.A. 12-1,118, there is hereby established a capital improvement fund which shall be used by the City to finance, in whole or in part, in any public improvement needs set forth in the City's capital improvement plan previously adopted by the City. (C.O. No. 24, Sec. 2; Code 2010)

1-802. POLICY OBJECTIVE. It is the policy objective of the governing body that such fund shall be used to provide from current revenues all or part of the financing needed for present and future public infrastructure needs, so as to provide an orderly plan for the completion of such improvements, and to reduce the amount of indebtedness necessary to pay for such needs. (C.O. No. 24, Sec. 3; Code 2010)

1-803. USE FOR STUDIES. Monies in such fund may be used to pay the cost of engineering and other advanced public improvement plans and studies, with the fund to be periodically reimbursed from bonds proceeds, special assessments, or state or federal aid that may be available for completed projects. No expenditures for such purposes shall be made, except on a finding of the governing body of its probable intent to proceed with the improvement following such engineering or advanced study. (C.O. No. 24, Sec. 4; Code 2010)

1-804. PLAN OF OPERATION. The City Manager shall submit to the governing body a plan for the implementation of this ordinance. Such plan shall provide for the annual, revised and adopted capital improvement plan of the City, identifying those improvements to be financed from the fund during the following year. The City Manager shall annually submit, at the same time and as part of the annual operating budget, proposed tax levies, revenue allocations, and budget transfers as may be necessary to fund such portion of the improvements scheduled for completion for the next fiscal year, to be paid from such fund, and to set aside monies to be annually reserved for future improvements, all as provided in the capital improvement plan, as amended from time to time. (C.O. No. 24, Sec. 5; Code 2010)

1-805. LEVY OF TAXES. In the exercise of its Home Rule Powers, pursuant to Article 12, Section 5, of the Kansas Constitution and K.S.A. 12-101, the governing body is hereby authorized to levy taxes, on an annual basis, to provide funds for allocation to the capital improvement fund. Such taxes, if levied, shall be levied as part of the City's annual budget. (C.O. No. 24, Sec. 6; Code 2010)

1-806. INVESTMENTS. Monies in the capital improvement fund shall be invested in accordance with the provisions of K.S.A. 10-131, as amended, and interest thereon shall be credited to the fund. (C.O. No. 24, Sec. 7; Code 2010)