Chapter 1 · Administration

Article 1. General Provisions

Sections 1-101 to 1-117 · 17 sections

1-101 Code designated.

The chapters, articles and sections herein shall constitute and may be designated as the Code of the City of Russell, Kansas, and may be so cited.

(Code 1983)

1-102 Definitions.

The following definitions and rules of construction shall be observed in the construction of this code and of all ordinances unless they are inconsistent with the manifest intent of the governing body or the context clearly requires otherwise:

(a)City — shall mean the City of Russell, in Russell County, Kansas.

(b)Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Sunday or legal holiday, that day shall be excluded.

(c)County — means the County of Russell, Kansas.

(d)Delegation of Authority. Whenever a provision appears requiring or authorizing the head of a department or other 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.

(e)Gender. Words importing the masculine gender include the feminine and neuter.

(f)In the city — means and includes any territory within the corporate limits of the City of Russell, Kansas, and the police jurisdiction thereof and any other territory over which regulatory power has been conferred on the city by law, except as otherwise specified.

(g)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.

(h)Number. Words used in the singular include the plural and words used in the plural include the singular.

(i)Oath — includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath and in such cases, the words

(j)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 buildings or land.

(k)Person — includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit, as well as an individual.

(l)Property — includes real, personal and mixed property.

(m)Real property — includes land, tenements and hereditaments.

(n)Shall and will are mandatory.

(o)Sidewalk — means any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

(p)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.

(q)Tenant, occupant applied to a building or land, means any person who occupies the whole or part of such building or land, whether alone or with others.

(Code 1983)

1-103 Parenthetical and reference matter.

The matter in parenthesis at the ends of sections is for information only and is not a part of the code. Citations to ordinances indicate only the source and the text mayor 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 1983)

1-104 Catchlines.

The catchlines or headings of the sections of this code are intended as mere words to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of any section nor, unless expressly so provided, shall they be so deemed when any section, including its catch line, is amended or reenacted.

(Code 1983)

1-105 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 Russell 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 City of Russell 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 City of Russell is hereby repealed.”

(Code 1983)

1-106 Powers generally.

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 the provisions of statutes relating to the council-manager plan of government.

(K.S.A. 12-1002; Code 1973, 1-105)

1-107 Ordinances.

The governing body shall pass all ordinances needed for the welfare of the city. No ordinance shall be valid unless a majority of all the members-elect of the city council vote in favor.

(K.S.A. 12-3002; Code 1983)

1-108 Same; publication.

(a)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 parentheses stating the month, day and year of such publication.

(b)In lieu of full publication of an ordinance pursuant to this section, a city may opt to publish a summary of the ordinance so long as:

(1)The publication is identified as a “summary” and contains notice that the complete text of the ordinance may be obtained or viewed free of charge at the office of the city clerk;

(2)the city attorney certifies the summary of the ordinance prior to publication to ensure that the summary is legally accurate and sufficient; and

(3)the publication contains the city’s official website address where a reproduction of the original ordinance is available for a minimum of one week following the summary publication in the newspaper. If an ordinance is subject to petition pursuant to state law, then the summary shall contain a statement that the ordinance is subject to petition.

(K.S.A. 12-3007; Code 1983; Code 2018)

1-109 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 1983)

1-110 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 council.

(Code 1983)

1-111 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.

(K.S.A. 12-120:12-121; Code 1983)

1-112 Altering code.

It shall be unlawful for any person, firm or corporation to change, 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 Russell 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 1983)

1-113 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. 75-4-301; Code 1983)

1-114 Scope of application.

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

(Code 1983)

1-115 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 less than $50 or more than $500; or,

(b)Imprisonment for not more than 180 days; or

(c)Both such fine and imprisonment not to exceed (a) and (b) above.

(Code 1983; Code 2018)

1-116 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 1983)

1-117 Appointment to city boards.

The Code for the City of Russell directs the Mayor with the approval of the council to appoint members to various boards. Unless otherwise specifically provided for in the City Code, those board appointments shall take place during the first regular council meeting of the Governing Body in February of each year. Should any board appointment not be filled at that meeting then it shall be filled as soon thereafter as the governing body can fill the same. The term of office for the newly appointed board member shall commence upon him or her taking the appropriate oath provided by state law, with the exception of persons appointed to the library board or planning commission whose term shall commence on the 1st day of May following the appointment.

(Ord. 1946)