Kansas Statutes

Chapter 12: Cities And Municipalities

Article 10: City-Manager Plan

Statutes:

• 12-1001: Adoption of commission-manager plan; election.
• 12-1002: Same; how powers exercised.
• 12-1003: Same; nominations and elections; commissioners in cities between 65,000 and 125,000 and certain cities over 125,000; terms.
• 12-1004: Election and tenure of commissioners in cities of 18,000 or less.
• 12-1005: Same; first and second election.
• 12-1005a: Cities of second class of over 8,000, city-manager plan; election of commissioners; term.
• 12-1005b: Same; cities hereafter adopting city-manager form.
• 12-1005c: Term of commissioners in cities of 8,000 or less.
• 12-1005d: Cities between 18,000 and 65,000; election of commissioners; term.
• 12-1005e: Same; cities hereafter adopting city-manager act.
• 12-1005f: Same; tenure of commissioners.
• 12-1005g: Increasing number of commissioners in commission-manager cities over 8,000.
• 12-1005h: Same; submission of question to electors.
• 12-1005i:
• 12-1005j: Same; petition, heading.
• 12-1005k: Same; election of commissioners.
• 12-1005l: Same; terms of elected commissioners.
• 12-1006: Governing board under commission-manager plan; specific requirements; vacancies.
• 12-1007: Same; chairman of commission as mayor; order of business.
• 12-1008: Same; salaries of members of governing bodies of certain first-class cities fixed by ordinance; bond.
• 12-1009: Same; meetings.
• 12-1010: Same; ordinances; appointment of manager.
• 12-1011: Same; powers and term of manager.
• 12-1012: Same; qualifications of manager.
• 12-1013: Same; salary and bond of manager.
• 12-1014: Same; duties and functions of manager; civil service commission in certain cities; appointments.
• 12-1015: Same; commission-manager cities; administrative departments.
• 12-1016:
• 12-1017: Same; adoption by cities; laws applicable.
• 12-1018: Same; election; first election of commissioners.
• 12-1019: Same; abandonment of plan; election; petition; effect of change in government.
• 12-1020: Same; laws applicable; when act adopted.
• 12-1021: Adoption of manager plan of government by council-government cities.
• 12-1022: Same; election.
• 12-1023: Same; appointment of manager; salary.
• 12-1024: Same; powers, duties and term of manager; administrative functions and departments.
• 12-1025: Same; qualifications of manager.
• 12-1026:
• 12-1027: Abandonment of manager plan; election.
• 12-1028: Same; duties of governing body upon abandonment of manager plan.
• 12-1028a: Appointment of treasurer in certain cities.
• 12-1029: Adoption of council-city manager plan by cities of first class.
• 12-1030: Same; city wards.
• 12-1031: Same; councilman from each ward; terms.
• 12-1032: Same; salary.
• 12-1033: Same; powers and duties of council.
• 12-1034: Same; powers and duties of manager.
• 12-1035: Same; abandonment of plan.
• 12-1036: Same; laws applicable to cities adopting act.
• 12-1036a: Adoption of mayor-council-city manager plan; petition; election; selection of mayor and councilmen.
• 12-1036b: Same; governing body, qualifications, oaths; bonds; president; powers.
• 12-1036c: Same; division of city into four districts, requirements; adjustments.
• 12-1036d: Same; terms of office; vacancies.
• 12-1036e: Same; compensation of mayor and councilmen.
• 12-1036f: Same; powers and duties; mayor; veto; contracts; representative of city; recommendations; special meetings.
• 12-1036g: Same; application of laws to cities adopting act; city attorney, clerk, police judge.
• 12-1036h: Same; abandonment of plan; procedure.
• 12-1037: Certain commission-plan cities of second class over 13,500; adoption of manager-plan and election of five commissioners; terms.
• 12-1038: Abandonment of one form of city of second class city-manager government and adoption of another basic form; petition; ballots; elections; terms of members.

• 12-1001: Adoption of commission-manager plan; election. All cities which shall adopt the provisions of this act, by a majority of all electors voting at a special election called for that purpose, or at any general election, shall be governed by the provisions of this act.

        History:   L. 1917, ch. 86, § 1; Feb. 17; R.S. 1923, § 12-1001.

• 12-1002: Same; how powers exercised. All powers now exercised by cities of the first, second and third classes, respectively, or which shall hereafter be conferred upon them, shall be exercised by the governing board herein provided for, insofar as they do not conflict with the provisions of this act, creating the office of city manager.

        History:   L. 1917, ch. 86, § 2; Feb. 17; R.S. 1923, § 12-1002.

• 12-1003: Same; nominations and elections; commissioners in cities between 65,000 and 125,000 and certain cities over 125,000; terms. All nominations and elections in cities adopting this act shall be governed by the laws of the state of Kansas relating to elections in the cities of the first, second and third classes under commission government, insofar as the same are applicable: Provided, however, That in cities of the first class having a population of more than sixty-five thousand (65,000) and less than one hundred twenty-five thousand (125,000), there shall be elected at the April election of 1921 a board of five (5) commissioners, and the two (2) members who shall have received the highest vote at such election shall hold their respective offices for a term of four (4) years each, and the remaining three (3) commissioners elected at said election as aforesaid shall hold their respective offices for a term of two (2) years each, and thereafter two and three commissioners alternately shall be elected in each odd-numbered year and shall hold their respective offices for a term of four (4) years each and until their successors are elected and qualified: Provided further, That in cities of the first class, having a population of more than one hundred twenty-five thousand (125,000) and located in a county having an assessed tangible valuation of more than two hundred and fifty million dollars ($250,000,000), three (3) commissioners shall be elected at the April election in 1943, at the time and in the manner prescribed by law for the holding of elections in such cities; and at the April election in 1945 two (2) commissioners shall be elected; thereafter, three and two commissioners shall be elected alternately in each odd-numbered year; each of such commissioners when so elected, shall hold office for the term of four (4) years and until a successor shall have been duly elected and qualified; and the two commissioners elected at the April election in 1941 shall be deemed to have been duly elected for the full term of four (4) years and shall hold their office until the April election in 1945, and until their successors shall have been duly elected and qualified.

        History:   L. 1917, ch. 86, § 3; L. 1921, ch. 93, § 1; R.S. 1923, § 12-1003; L. 1943, ch. 103, § 2; L. 1947, ch. 112, § 1; 1957, ch. 88, § 2; April 16.

• 12-1004: Election and tenure of commissioners in cities of 18,000 or less. In all cities of the first class with a population of 18,000 or less now governed by the city-manager act, where commissioners for such cities have heretofore been selected according to existing law, the city commissioners shall be selected hereafter at regular city elections as follows, to wit: Two commissioners shall be elected to hold office until the next regular city election in 1925; one commissioner shall be elected to hold office until the regular election in 1927; all of which commissioners shall be elected at the next regular city election in 1923, the person receiving the largest number of votes at said election shall thereby be elected to the four-year term of office last above mentioned.

        All commissioners elected as provided herein shall hold office until the dates above designated or until their successors shall have been elected and qualified. At the regular election in 1925 one commissioner shall be elected to a two-year term of office and one commissioner shall be elected for a four-year term of office, or until their successors shall have been elected and qualified, the person receiving the largest number of votes at such regular city election to be thereby elected to the four-year term of office. Thereafter, at each ensuing regular city election there shall be elected one city commissioner for a two-year term of office and one city commissioner for a four-year term of office, or until their successors shall have been respectively elected and qualified. At each regular city election as last above provided the person receiving the largest number of votes shall thereby be elected to the four-year term of office as city commissioner.

        History:   L. 1923, ch. 91, § 1; March 3; R.S. 1923, § 12-1004.

• 12-1005: Same; first and second election. Cities of 18,000 or less adopting the city-manager plan of government shall select commissioners at the first regular city election after the adoption of said city-manager plan in the manner as provided for the selection of commissioners in the year 1923, and for the further election of city commissioners at the second regular city election after the adoption of said city-manager plan in the same manner as provided for year 1925 and also at the regular city elections thereafter, as provided in K.S.A. 12-1004.

        History:   L. 1923, ch. 91, § 2; March 3; R.S. 1923, § 12-1005.

• 12-1005a: Cities of second class of over 8,000, city-manager plan; election of commissioners; term. In all cities of the second class having a population in excess of eight thousand now governed by the city-manager act, where commissioners for such cities have heretofore been selected according to existing law, the city commissioners shall be selected hereafter at regular city elections as follows, to wit: Two commissioners shall be elected to hold office until the next regular city election in 1927, one commissioner shall be elected to hold office until the regular election in 1929, all of which commissioners shall be elected at the next regular city election in 1925, the person receiving the largest number of votes at said election shall thereby be elected to the four-year term of office last above mentioned.

        All commissioners elected as provided herein shall hold office until the dates above designated or until their successors shall have been elected and qualified. At the regular election in 1927 one commissioner shall be elected for a two-year term of office and one commissioner shall be elected for a four-year term of office, or until their successors shall have been elected and qualified, the person receiving the largest number of votes at such regular city election to be thereby elected to the four-year term of office. Thereafter, at each ensuing regular city election there shall be elected one city commissioner for a two-year term of office and one city commissioner for a four-year term of office, or until their successors shall have been respectively elected and qualified. At each regular city election as last above provided the person receiving the largest number of votes shall thereby be elected to the four-year term of office as city commissioner.

        History:   L. 1925, ch. 122, § 1; Feb. 28.

• 12-1005b: Same; cities hereafter adopting city-manager form. Cities of the second class in excess of eight thousand population, hereafter adopting the city-manager plan of government, shall select commissioners at the first regular city election after the adoption of said city-manager plan in the manner as provided for the selection of commissioners in the year 1925, and for the further election of city commissioners at the second regular city election after the adoption of said city-manager plan in the same manner as provided for year 1927, and also at the regular city elections thereafter, as provided in K.S.A. 12-1005a.

        History:   L. 1925, ch. 122, § 2; Feb. 28.

• 12-1005c: Term of commissioners in cities of 8,000 or less. In cities having a population of eight thousand (8,000) or less at the time such cities adopt the city-manager plan the terms of office of the commissioners first elected shall be two years. Commissioners elected in April, 1968, shall have terms expiring in 1971. Commissioners elected in April, 1967, shall have terms expiring in 1971.

        History:   L. 1927, ch. 106, § 1; L. 1968, ch. 274, § 15; April 30.

• 12-1005d: Cities between 18,000 and 65,000; election of commissioners; term. Cities under 18,000 population operating under the city-manager act which shall have elected commissioners under the provisions of K.S.A. 12-1004 or 12-1005, and which shall thereafter attain a population of more than 18,000 and not to exceed 65,000 shall be governed by a board of five commissioners, and at the first regular city election after such city attains a population exceeding 18,000 there shall be elected two commissioners for a four-year term and two commissioners for a two-year term.

        The candidates receiving the largest and second largest number of votes respectively shall be elected for the four-year term, and the candidates receiving the third and fourth largest number of votes respectively shall be elected for the two-year term. The commissioner then in office whose term has two years to run shall hold office for the remainder of his or her term. At succeeding regular city elections there shall be elected two commissioners for a four-year term and one commissioner for a two-year term. The candidates receiving the largest and second largest number of votes respectively shall be elected for the four-year term and the candidate receiving the third largest number of votes shall be elected for the two-year term.

        History:   L. 1933, ch. 115, § 1; March 23.

• 12-1005e: Same; cities hereafter adopting city-manager act. In cities having a population of more than 18,000 and not to exceed 65,000 which shall hereafter adopt the city-manager act, and in cities now operating under the city-manager act having a population of more than 18,000 and not to exceed 65,000, there shall be five commissioners, and the candidates receiving the largest and second largest number of votes respectively shall be elected for a four-year term and the candidates receiving the third, fourth and fifth largest number of votes respectively shall be elected for a two-year term. At each succeeding regular city election two commissioners shall be elected for a four-year term and one for a two-year term, the candidates receiving the largest and second largest number of votes respectively shall be elected for the four-year term and the candidate receiving the third largest number of votes shall be elected for the two-year term.

        History:   L. 1933, ch. 115, § 2; March 23.

• 12-1005f: Same; tenure of commissioners. Commissioners elected under this act shall hold office for the term for which elected and until their successors are elected and qualified.

        History:   L. 1933, ch. 115, § 3; March 23.

• 12-1005g: Increasing number of commissioners in commission-manager cities over 8,000. Any city operating under the commission-manager form of government having a population of eight thousand (8,000) or more and having three (3) commissioners may increase the number of commissioners to five (5) in the manner provided by this act.

        History:   L. 1957, ch. 103, § 1; June 29.

• 12-1005h: Same; submission of question to electors. Before the governing body of the city shall be increased to five (5) members, the question "Shall the number of city commissioners of the city ______________ be increased from three to five?" shall be submitted to the qualified electors of the city in the manner provided by K.S.A. 12-184. If a majority of those voting on the question vote "Yes" the governing body of the city shall consist of five (5) commissioners and such increase in the number of commissioners shall become effective as provided in K.S.A. 12-1005k.

        History:   L. 1957, ch. 103, § 2; L. 1976, ch. 76, § 2; July 1.

• 12-1005i:

        History:   L. 1957, ch. 103, § 3; Repealed, L. 1976, ch. 76, § 18; July 1.

• 12-1005j: Same; petition, heading. Each page of a petition requesting the submission of a question hereunder shall be headed, "Petition to the board of commissioners of the city of ______________, Kansas, to increase the number of city commissioners from three (3) to five (5)."

        History:   L. 1957, ch. 103, § 4; L. 1976, ch. 76, § 3; July 1.

• 12-1005k: Same; election of commissioners. At the first regular odd-numbered year city election following the passage of the proposition submitted or provided in K.S.A. 12-1005h, the commissioners shall be elected as follows:

        (a)   If the city has been electing two commissioners every odd-numbered year, one for a four-year term and one for a two-year term, there shall be elected two commissioners for a four-year term and two commissioners for a two-year term. The candidates receiving the largest and second largest number of votes, respectively, shall be elected for the four-year term, and the candidates receiving the third and fourth largest number of votes, respectively, shall be elected for the two-year term. The commissioner then in office whose term has two years to run shall hold office for the remainder of his or her term. At succeeding regular city elections there shall be elected two commissioners for a four-year term and one commissioner for a two-year term. The candidates receiving the largest and second largest number of votes, respectively, shall be elected for a four-year term and the candidate receiving the third largest number of votes shall be elected for the two-year term.

        (b)   If the city has been electing one commissioner each year for a three-year term, the term of the commissioner having one year to run shall be extended a year, and there shall be elected two commissioners for a four-year term and one commissioner for a two-year term. The candidates receiving the largest and second largest number of votes respectively shall be elected for the four-year term, and the candidate receiving the third largest number of votes shall be elected for the two-year term. The two commissioners then in office whose terms will run two more years shall hold office for the remainder of their terms. Regular city elections shall thereafter be held every two years in the odd-numbered years on the day prescribed for city elections. At succeeding regular city elections there shall be elected two commissioners for a four-year term and one commissioner for a two-year term. The candidates receiving the largest and second largest number of votes, respectively, shall be elected for the four-year term and the candidate receiving the third largest number of votes shall be elected for the two-year term.

        History:   L. 1957, ch. 103, § 5; June 29.

• 12-1005l: Same; terms of elected commissioners. Commissioners elected under this act shall hold office for the terms for which elected and until their successors are elected and qualified.

        History:   L. 1957, ch. 103, § 6; June 29.

• 12-1006: Governing board under commission-manager plan; specific requirements; vacancies. The governing board shall consist of the number of commissioners now provided for the several cities by the various commission government acts. No distinction shall be made in title or duties among these commissioners, except as the board shall organize itself for business. Qualifications, terms of office, oaths and bonds of commissioners shall be those provided in the acts herein referred to. Vacancies shall be filled in the manner already provided for by law.

        History:   L. 1917, ch. 86, § 4; Feb. 17; R.S. 1923, § 12-1006.

• 12-1007: Same; chairman of commission as mayor; order of business. The commission shall choose its own chairman annually and determine its own order of business. The chairman shall have the title of mayor during the year of his or her office, to the end that the city shall have an official head on formal occasions.

        History:   L. 1917, ch. 86, § 5; Feb. 17; R.S. 1923, § 12-1007.

• 12-1008: Same; salaries of members of governing bodies of certain first-class cities fixed by ordinance; bond. The governing body of any city having a population of more than one hundred fifty thousand (150,000) and operating under the provisions of this act, shall, by ordinance fix the salary of members of the governing body, including the mayor, but any salary so fixed shall not exceed the sum of three thousand dollars ($3,000) per annum for commissioners, nor more than four thousand dollars ($4,000) per annum for the mayor of such city. Salaries so fixed shall be payable in monthly installments; in cities of the first class with a population of not more than ninety thousand (90,000), each commissioner shall receive such compensation as the governing body shall fix by ordinance but not exceeding one hundred dollars ($100) a year, payable in monthly installments and in cities of the first class shall give the necessary bond required by cities of this class under the commission government.

        History:   L. 1917, ch. 86, § 6; R.S. 1923, § 12-1008; L. 1933, ch. 116, § 1; L. 1935, ch. 97, § 1; L. 1945, ch. 99, § 4; L. 1959, ch. 65, § 2; June 30.

• 12-1009: Same; meetings. The commission shall meet regularly twice a month, or oftener if the public business requires: Provided, That in cities of the first class the commissioners shall meet at least once a week, or oftener if the public business requires. A call signed by a majority of the commission shall be sufficient warrant for a special meeting. Regular or special meetings shall always be open to the public.

        History:   L. 1917, ch. 86, § 7; Feb. 17; R.S. 1923, § 12-1009.

• 12-1010: Same; ordinances; appointment of manager. It shall be the duty of the commission to pass all ordinances needful for the welfare of the city. The commission shall provide for such offices as shall be necessary to carry out the provisions of this act and determine salaries for the same. It shall appoint a manager as hereinafter provided, and shall be responsible for his or her efficient administration of the city's business.

        History:   L. 1917, ch. 86, § 8; Feb. 17; R.S. 1923, § 12-1010.

• 12-1011: Same; powers and term of manager. The administration of the city's business shall be in the hands of a manager. The manager shall be appointed by the commission, and shall hold office at the pleasure of the board.

        History:   L. 1917, ch. 86, § 9; Feb. 17; R.S. 1923, § 12-1011.

• 12-1012: Same; qualifications of manager. The manager shall be chosen solely upon the basis of administrative ability. Choice shall not be limited by any residence qualifications.

        History:   L. 1917, ch. 86, § 10; Feb. 17; R.S. 1923, § 12-1012.

• 12-1013: Same; salary and bond of manager. The manager shall receive a salary to be fixed by the commission and shall give bond for the faithful performance of his or her duties in such amount as may be provided by ordinance.

        History:   L. 1917, ch. 86, § 11; R.S. 1923, § 12-1013; L. 1933, ch. 116, § 2; L. 1935, ch. 98, § 1; L. 1943, ch. 87, § 1; June 28.

• 12-1014: Same; duties and functions of manager; civil service commission in certain cities; appointments. The manager shall be responsible for the administration of all of the affairs of the city. He or she shall see that the laws and ordinances are enforced. The manager shall appoint and remove all heads of departments, and all subordinate officers and employees of the city. All appointments shall be made upon merit and fitness alone: Provided, That if any city operating under the commission form of government adopts the city manager form of government, after January 1, 1947, and at the time of such adoption has a civil service commission, said commission shall have a right to serve out its present time and such city shall continue to have a civil service commission and such civil service commission shall determine the merit and fitness of any and every person appointed to any position within the jurisdiction of the civil service commission, as established by the laws of 1913, chapter 88[*], and acts amendatory thereto: And provided further, That no officer or employee who is under civil service at the time of the adoption of the city manager form of government shall be discharged or removed from the office or position of employment he or she holds at the time of such adoption, except for cause, and then only in the manner prescribed by the civil service law in force at the time such removal or discharge is sought. In all cities adopting the city manager form of government, in which no civil service law is in force at the time of such adoption after January 1, 1947, the manager shall have the option to require the appointment of the civil service commission as established by the provisions of K.S.A. 13-2201 and any amendments thereto.

        The governing board at the request of the manager, shall appoint civil service commissioners as is now or may hereafter be provided for by law for cities of the state of Kansas. He or she shall be responsible for the discipline of all appointive officers, and may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. He or she shall prepare and submit the annual budget to the governing body and also keep the city fully advised as to the financial conditions and needs of the city. He or she may make recommendations to the commissioners on all matters concerning the welfare of the city, and shall have a seat, but no vote, in all of the public meetings of the governing body.

        No member of the city commission shall directly interfere with the conduct of any department, except at the express direction of the commission: Provided, however, That all cities having a population of over one hundred thousand, owning an electric-light plant, a waterworks plant, a municipal airport or other public utilities, which utilities are operated, managed and controlled by a board of public utilities as provided by chapter 126[*] of the laws of Kansas for 1929, and all acts and parts of acts amendatory thereof, the utilities herein enumerated, as well as other utilities, shall be managed, operated and controlled by such boards of public utilities and the city manager shall have no jurisdiction or control over said utilities.

        History:   L. 1917, ch. 86, § 12; R.S. 1923, § 12-1014; L. 1945, ch. 100, § 1; L. 1947, ch. 113, § 1; March 14.

• 12-1015: Same; commission-manager cities; administrative departments. Administrative departments shall be created by the commission as the public business may demand. Insofar as is possible and necessary, these departments shall be the following:

        (1)   Department of law;

        (2)   department of service;

        (3)   department of public welfare;

        (4)   department of safety;

        (5)   department of finance.

        All appointments shall be made by the manager under the limitations herein provided. All department heads shall make regular reports to the manager, and be ready at all times to furnish him or her with such information as he or she may require.

        History:   L. 1917, ch. 86, § 13; R.S. 1923, § 12-1015; L. 1951, ch. 135, § 1; June 30.

• 12-1016:

        History:   L. 1917, ch. 86, § 14; R.S. 1923, § 12-1016; Repealed, L. 1975, ch. 61, § 1; July 1.

• 12-1017: Same; adoption by cities; laws applicable. Any city is hereby authorized to adopt the provisions of this act, and to vote thereon as is herein provided. Except as herein provided, the general laws establishing and relating to the commission form in cities of the first, second and third class shall govern cities adopting this act.

        History:   L. 1917, ch. 86, § 15; Feb. 17; R.S. 1923, § 12-1017.

• 12-1018: Same; election; first election of commissioners. Before the provisions of this act shall apply to and become operative in any city of this state, it shall be submitted in the manner provided by K.S.A. 12-184 to a vote of the legally qualified electors of such city for adoption, and shall receive a majority of all the votes cast thereon at such election.

        The ballots used at said election shall be in the form prescribed by law for the submission of questions to popular vote, and such election shall be held in all other respects according to the law for holding general city elections as far as the same is applicable. If a majority of all the votes cast at any such election shall be in favor of the adoption of the provisions of this act, then at the next annual or regular city election the commissioners herein provided for as constituting the governing board shall be elected as provided herein; and upon their election and qualification the rights, powers, duties and emoluments of the mayor and commissioners or mayor and councilmen of such city shall cease and terminate. Except as herein otherwise provided, the nomination and election of commissioners of said governing board shall be governed by election laws then applicable to city primary and general elections.

        History:   L. 1917, ch. 86, § 16; R.S. 1923, § 12-1018; L. 1976, ch. 76, § 4; July 1.

• 12-1019: Same; abandonment of plan; election; petition; effect of change in government. Any city of the state of Kansas that has operated for four years or more under the provisions of this act, may abandon such form of organization as is herein provided for and accept either the provisions of the commission form of government law or the mayor and council form of government law, then applicable to cities of its population. Before such abandonment, a proposition to abandon such form of organization and accept the provisions, either of the mayor and commissioner form of government law, or the provisions of the mayor and council form of government law, must first be submitted to a vote of the qualified electors of such city in the manner provided by K.S.A. 12-184. Whenever the proposition to abandon such form of organization shall have been defeated at any election, another election to vote on such proposition shall not be called until after the expiration of four years from such first election.

        Any petition requesting the submission of a proposition hereunder shall specify the form of government which the petitioners desire the city to adopt, in case a majority of the votes cast upon the proposition at such election are in favor of abandoning the city-manager form, and whether the city shall accept the provisions of the mayor and commissioner form of government law or the provisions of the mayor and council form of government law.

        The form of the ballots used at any election held hereunder shall be as follows:

        "The city of (naming the city) shall abandon its organization under article 10 of chapter 12 of the Kansas Statutes Annotated and any acts amendatory thereto and become a city under the general law governing cities of like population under (state the form of government, whether the mayor and commissioner or mayor and council form of government)."

  | |;[ ] | |;[ ]

        If a majority of the votes cast upon such proposition, at such election, shall be in favor of abandoning the city-manager plan of government, the city shall become a city under the general law governing cities of like population and according to the form designated in the proposition submitted to the voters at such election. The officers constituting the governing board of such city, at such time, shall continue to hold their offices, and the city shall continue to be governed by them as mayor and commissioners until the next general city election, and, upon the qualification of the newly elected city officers elected at such city election, the term of office of the governing board and their powers shall cease.

        The votes cast at any election hereunder shall be counted, canvassed and declared as required under the laws of the state which are then applicable to the submission of questions at either special or general elections.

        History:   L. 1917, ch. 86, § 17; L. 1919, ch. 107, § 1; R.S. 1923, § 12-1019; L. 1947, ch. 114, § 1; L. 1957, ch. 93, § 1; L. 1976, ch. 76, § 5; L. 1982, ch. 71, § 1; July 1.

• 12-1020: Same; laws applicable; when act adopted. When any city operating under the mayor and council form of government shall adopt the provisions of this act such city shall be deemed to have adopted the commission form of government as qualified by this act as well as the provisions of this act, and such city shall thereafter be governed by the provisions of the laws relating to the government of the cities of the same class under the commission form of government as qualified by this act: Provided, That the classification of any city may be changed in the manner provided by law.

        History:   L. 1917, ch. 86, § 18; L. 1919, ch. 108, § 1; R.S. 1923, § 12-1020; L. 1957, ch. 94, § 1; March 2.

• 12-1021: Adoption of manager plan of government by council-government cities. Any city of the first, second or third class which is now or hereafter operating under the council form of government, may vote upon the question of adopting a city-manager plan of government as in this act provided.

        History:   L. 1935, ch. 103, § 1; L. 1947, ch. 115, § 1; L. 1951, ch. 136, § 1; Feb. 28.

• 12-1022: Same; election. The question of the adoption of a city manager plan of government may be submitted to the qualified electors of a city in the manner provided by K.S.A. 12-184. The ballots used for the submission of such question shall be as follows:

        "Shall the governing body of the

        city (naming the city) appoint a
  YES | |;[ ]

        city manager and fix by ordinance

        the salary of such city manager?"
  NO | |;[ ]

        History:   L. 1935, ch. 103, § 2; L. 1947, ch. 116, § 1; L. 1976, ch. 76, § 6; July 1.

• 12-1023: Same; appointment of manager; salary. If a majority of all the votes cast at such election shall be in favor of the appointment of a city manager, then the governing body of such city shall within sixty days after such election appoint a city manager and by ordinance fix his or her salary.

        History:   L. 1935, ch. 103, § 3; Feb. 21.

• 12-1024: Same; powers, duties and term of manager; administrative functions and departments. If any such city has authorized by vote, as in this act provided, the appointment of a city manager, then after the appointment of such city manager as herein provided, the administration of the city's business shall be in the hands of such manager. The manager shall be appointed by the governing body and shall hold office at the pleasure of the governing body.

        The governing body shall be responsible for the manager's efficient administration of the city's business. All administrative functions and departments of the city shall be established by ordinance. The manager shall be responsible for the enforcement of the laws and ordinances and for the proper discharge of the duties of the respective city administrative officers and employees. The manager shall appoint and remove all nonelective heads of departments, officers and employees of the city. The city manager may perform the duties and act as the head of any department for which he or she is qualified, and may designate one person to be the head of two (2) or more departments or offices of the city.

        History:   L. 1935, ch. 103, § 4; L. 1951, ch. 137, § 1; Feb. 22.

• 12-1025: Same; qualifications of manager. The manager shall be chosen solely upon the basis of administrative ability. Choice shall not be limited by any resident qualifications. The manager shall give bond for the faithful performance of his or her duties, in such amount as may be provided by ordinance.

        History:   L. 1935, ch. 103, § 5; Feb. 21.

• 12-1026:

        History:   L. 1935, ch. 103, § 6; Repealed, L. 1975, ch. 61, § 1; July 1.

• 12-1027: Abandonment of manager plan; election. Any city which has authorized the appointment of a city manager as in this act provided may abandon such city-manager plan at any time after any such city has elected to come under the provisions of this act upon the submission to the qualified electors of such city, pursuant to K.S.A. 12-184, of the question of the abandonment of this act. The form of the ballot used at the election at which such question is submitted shall be as follows:

        "Shall the city of (naming the city) abandon the city-manager plan of government?"

  YES | |;[ ] NO | |;[ ]

        History:   L. 1935, ch. 103, § 7; L. 1976, ch. 76, § 7; July 1.

  12-1028: Same; duties of governing body upon abandonment of manager plan. If a majority of all the votes cast at such election shall be in favor of the abandonment of the city-manager plan, then the governing body of such city shall within sixty days after such election discharge the city manager, and shall then assume the powers and duties delegated to such governing body under the laws of the state of Kansas, in the same manner and to the same extent as though the provisions of this act had never been adopted.

        History:   L. 1935, ch. 103, § 8; Feb. 21.

  12-1028a: Appointment of treasurer in certain cities. Upon the appointment of the city manager after the adoption of the city manager act as provided by K.S.A. 12-1021 to 12-1028, the city treasurer in such cities of the second class shall be appointed by the city manager the same as other appointive city officers, but elected city treasurers in such cities serving at the effective date of this act shall continue to serve for the term for which elected.

        History:   L. 1951, ch. 137, § 2; L. 1967, ch. 90, § 1; July 1.

  12-1029: Adoption of council-city manager plan by cities of first class. Any city of the first class may hereafter adopt the council-city manager form of government at any primary or general city election or state primary or general election. The procedure for adoption shall be the same as now provided for the adoption of the commission-city manager form of government.

        History:   L. 1947, ch. 150, § 1; L. 1976, ch. 76, § 8; July 1.

  12-1030: Same; city wards. If the majority of all the votes cast at such election shall be in favor of the adoption of the council-city manager form of government, the governing body of such city shall within thirty days after such adoption divide the city into wards; the number of such wards shall be determined by the governing body but in no case shall there be less than five and there shall always be an odd number.

        History:   L. 1947, ch. 150, § 2; June 30.

  12-1031: Same; councilman from each ward; terms. Upon the adoption of the council-city manager form of government, there shall be elected at the next city election following such adoption one councilman from each ward and the councilmen elected from the odd-numbered wards shall serve for a term of four years and the councilmen elected from the even-numbered wards shall serve for a term of two years and thereafter all councilmen shall be elected for four-year terms.

        History:   L. 1947, ch. 150, § 3; June 30.

  12-1032: Same; salary. Councilmen serving under this act shall receive such salary as the council by a majority vote shall determine, but in no event to exceed one hundred dollars per year.

        History:   L. 1947, ch. 150, § 4; June 30.

  12-1033: Same; powers and duties of council. All the powers, duties, authority, jurisdiction and liability now or hereafter conferred or imposed by law upon the city commission in cities operating under the commission-city manager form of government are hereby conferred and imposed upon the council under the council-city manager form of government as created by this act.

        History:   L. 1947, ch. 150, § 5; June 30.

  12-1034: Same; powers and duties of manager. All the powers, duties, authority, jurisdiction and liability now or hereafter conferred or imposed by law upon the city manager in cities operating under the commission-city manager form of government are hereby conferred and imposed upon the city manager appointed by the council under the council-city manager form of government as created by this act.

        History:   L. 1947, ch. 150, § 6; June 30.

  12-1035: Same; abandonment of plan. Any city operating under this act may abandon the council-city manager form of government in the same manner as now provided for cities operating under the commission-city manager form of government.

        History:   L. 1947, ch. 150, § 7; June 30.

  12-1036: Same; laws applicable to cities adopting act. Any city adopting the provisions of this act shall thereafter be governed by the laws relating to the government of cities of the first class under the commission-city manager form of government as qualified by this act.

        History:   L. 1947, ch. 150, § 8; June 30.

  12-1036a: Adoption of mayor-council-city manager plan; petition; election; selection of mayor and councilmen. Any city of the first class may adopt the mayor-council-city manager form of government in the manner herein provided and shall thereafter be governed by the provisions of this act. A proposition to adopt such form of government must first be submitted to a vote of the qualified electors of such city in the manner provided by K.S.A. 12-184.

        Any petition for the submission of a proposition hereunder shall be headed "Petition for a special election of the city of ____, Kansas, to vote on the adoption of the mayor-council-city manager form of government".

        The form of the ballots to be used at the election shall be as follows:

        "Shall the city of (name of city) adopt the mayor-council-city manager form of government and become a city operating under the general laws governing cities of like class?"

  Yes | |;[ ] No | |;[ ]

  If a majority of the votes cast upon said proposition shall be in favor of adopting the mayor-council-city manager plan of government, then at the next regular city election the mayor and councilmen hereinafter provided for as constituting the governing body of the city shall be elected as provided herein; and upon their election and qualification the rights, powers and duties of the commissioners or mayor and councilmen of such city shall cease and terminate.

        Except as herein otherwise provided, the nomination and election of the mayor and councilmen of said governing body shall be governed by election laws then applicable to city primary and general elections. Candidates for councilman from a district shall be residents of the district for which they seek election and qualified voters signing a petition for the candidacy of a councilman for a district shall be residents of such district. Only the qualified voters of a district shall vote upon the office of councilman from that district.

        History:   L. 1961, ch. 101, § 1; L. 1976, ch. 76, § 9; July 1.

  12-1036b: Same; governing body, qualifications, oaths; bonds; president; powers. The governing body shall consist of a mayor and two (2) councilmen elected by the city as a whole and four (4) councilmen elected by districts. Qualifications, oaths and bonds of the mayor and councilmen shall be as provided in the general laws establishing and relating to the commission-manager form in cities of the first class. After every regular city election, the council shall elect one of its members as president of the council who in the absence or disability of the mayor shall become acting mayor: Provided, That such councilman shall retain all voting rights and other prerogatives as councilman while acting as mayor. All powers now exercised by cities of the first class which are not inconsistent with this act, or which shall hereafter be conferred upon them shall be exercised by the governing body herein provided for: Provided, That any action taken by the city council shall be by a majority vote of the councilmen serving on the council unless a greater number of votes are specifically required by another provision of law: Provided, That where the number of favorable votes is one less than required, the mayor shall have power to cast the deciding vote in favor of the ordinance, resolution, motion or any other action of the governing body, except charter ordinances, upon which the mayor's vote shall be counted on every occasion.

        History:   L. 1961, ch. 101, § 2; June 30.

  12-1036c: Same; division of city into four districts, requirements; adjustments. Within thirty (30) days after the approval by the electors of a city of a proposition to adopt the mayor-council-city manager form of government, the governing body of the city shall, by ordinance, divide the city into four (4) districts to be numbered one through four. Said districts shall be as nearly equal in population and as compact and contiguous as is practical. Dividing lines between districts shall follow precinct boundaries. Every eighth year thereafter in the month of January, the governing body of the city shall adjust district boundaries to reflect approximately equal population.

        History:   L. 1961, ch. 101, § 3; June 30.

  12-1036d: Same; terms of office; vacancies. At the first regular city election following the adoption of this act, the councilman elected by the city as a whole, receiving the greatest number of votes shall hold office for a term of four (4) years; the councilman elected by the city as a whole, receiving the second highest number of votes shall hold office for a term of two (2) years; the candidate receiving the highest number of votes for district councilman, in each district, shall be elected for a two-year term. The mayor shall hold office for a term of four (4) years. At all subsequent city elections the term for mayor and councilmen-at-large shall be for a period of four (4) years and until a successor has been duly elected and qualified.

        The terms of councilmen from districts shall be for a period of two (2) years and until their successors have been duly elected and qualified. When there is a vacancy in the office of mayor, the president of the council upon being qualified shall become mayor until the next regular city election and, as the case may be, until a mayor has been duly elected for the unexpired two-year term and has qualified or until a mayor has been duly elected for a full term and has qualified: Provided, That when the president of council becomes mayor there shall be a vacancy in the city council. A vacancy in the office of councilman shall be filled by the council, as the case may be, until the next regular city election and a councilman has been duly elected for the unexpired two-year term and has qualified, or until the next regular city election and a councilman has been duly elected for a full term and has qualified.

        History:   L. 1961, ch. 101, § 4; June 30.

  12-1036e: Same; compensation of mayor and councilmen. In cities operating under the provisions of this act, the city governing body shall fix by ordinance the compensation of the mayor at not to exceed ten thousand dollars ($10,000) per year, and the compensation of the city councilmen at not to exceed two thousand dollars ($2,000) per year.

        History:   L. 1961, ch. 101, § 5; June 30.

  12-1036f: Same; powers and duties; mayor; veto; contracts; representative of city; recommendations; special meetings. The mayor shall be the titular head of the city and shall preside at all meetings of the council. The mayor shall sign all ordinances and resolutions passed by the council: Provided, That he or she shall have the power to veto any ordinance or resolution passed by the governing body except a charter ordinance. Any ordinance or resolution vetoed by the mayor, may be passed over the veto by a vote of four (4) councilmen notwithstanding the veto; and if the mayor has failed to sign or veto such ordinance or resolution by the second regular meeting following the adoption of such ordinance or resolution, the same shall take effect without the mayor's signature.

        It shall be the duty of the mayor to sign all contracts authorized by the governing body before the city shall be liable thereon. He or she shall represent the city 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 council action relating thereto. The mayor shall 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 council action relative thereto. He or she may annually communicate to the council in writing such information as he or she may possess with reference to the condition of the city, and recommend such measures as he or she may deem necessary and expedient. The mayor may inform the council concerning questions of policy, and may make policy recommendations to the council. The mayor shall be empowered to call special meetings as provided by ordinance.

        History:   L. 1961, ch. 101, § 6; June 30.

  12-1036g: Same; application of laws to cities adopting act; city attorney, clerk, police judge. The governing body and the city manager of a city adopting this act shall be governed by the provisions of K.S.A. 12-1009 to 12-1014, both sections inclusive, and any amendments thereto, and K.S.A. 12-1015, and any amendments thereto, in the organization and administration of such city, except that the governing body may by ordinance provide that the governing body shall appoint either or all of the following city officers: City attorney, city clerk, and city police judge, to hold office at the pleasure of the governing body.

        History:   L. 1961, ch. 101, § 7; June 30.

  12-1036h: Same; abandonment of plan; procedure. Any city operating under this act may abandon the mayor-council-city manager form of city government in the same manner as is provided in K.S.A. 12-1036a, for the adoption of such form of city government except as herein otherwise provided, and except that the word "abandonment" instead of the word "adoption" shall be used in the petition therefor, and the word "abandon" instead of the word "adopt" shall be used in the form of the ballot and in the election proclamation. If a majority of votes cast upon the proposition shall be in favor of abandoning the mayor-council-city manager form of city government, then the same procedure shall be followed as is provided in the case of cities abandoning the commission-city manager form of city government.

        History:   L. 1961, ch. 101, § 8; L. 1963, ch. 79, § 1; June 30.

  12-1037: Certain commission-plan cities of second class over 13,500; adoption of manager-plan and election of five commissioners; terms. Cities of the second class in excess of thirteen thousand five hundred (13,500) population having the commission plan of government wherein the question of adopting the city-manager plan of government is to be submitted shall elect three (3) commissioners as now provided by law for cities of the second class in excess of eight thousand (8,000) population, except that such city shall elect five (5) commissioners as hereinafter provided if the question of electing five (5) commissioners be submitted pursuant to K.S.A. 12-184 to the qualified electors of the city at the same election.

        The proposition of electing five (5) commissioners shall be stated substantially as follows as a separate proposition on the ballot:

        "Shall the city of ______________ elect five commissioners to constitute the governing body of the city in the event that the city shall adopt the city-manager plan?"

  Yes | |;[ ] No | |;[ ]

        In the event a majority of electors voting on such proposition vote in favor thereof, five (5) commissioners shall be elected as hereinafter provided, but if a majority of such electors shall vote against such proposition, the city shall thereafter elect three (3) commissioners as provided by K.S.A. 12-1005b. In the event such city shall adopt the city-manager plan of government and a majority of the qualified electors shall have voted in favor of the election of five (5) commissioners, the five (5) commissioners shall be elected as follows: If the city-manager plan is adopted in sufficient time prior to the regular city election, otherwise required to be held in an even-numbered year, the five (5) commissioners shall be elected for terms of one year each and their terms shall expire when their successors shall have been elected and qualified following the regular city election held the succeeding odd year. Thereafter and in the event the city-manager plan shall have been adopted sufficiently prior to the regular city election otherwise required to be held in any odd year, two (2) of the said commissioners shall be elected for terms of four (4) years and until their successors shall have been elected and qualified, and three (3) of the said commissioners shall be elected for terms of two (2) years and until their successors shall have been elected and qualified.

        At each regular city election held each odd year thereafter, three (3) commissioners shall be elected. The two (2) commissioners receiving the greatest number of votes respectively shall serve terms of four (4) years, and until their successors shall have been elected and qualified, and the one commissioner receiving the least number of votes of the three (3) elected shall serve for a term of two (2) years, and until a successor shall have been elected and qualified. In the event any city herein shall become a city of the first class after adopting the city-manager plan of government and shall have elected five (5) commissioners, such city shall continue to elect five (5) commissioners in the manner hereinbefore provided.

        History:   L. 1949, ch. 182, § 1; L. 1976, ch. 76, § 10; July 1.

  12-1038: Abandonment of one form of city of second class city-manager government and adoption of another basic form; petition; ballots; elections; terms of members. Any city of the second class of the state of Kansas which shall have operated for four (4) years or more under the provisions of the council-manager form of government may adopt the provisions of the commission-manager form of government, or any city of the second class which shall have operated for four (4) years or more under the provisions of the commission-manager form of government may adopt the provisions of the council-manager form of government, and shall thereafter be governed by the provisions of law applicable to the cities of the basic form that is adopted, as hereinafter provided. A proposition to abandon the then type of city-manager form of government and adopt another type of city-manager form of government must first be submitted, in the manner provided by K.S.A. 12-184, to the vote of the qualified electors of such city. Any petition requesting submission of a proposition hereunder shall specify the manager form of government which the petitioners desire the city to adopt and if petitioners desire to elect five (5) commissioners to constitute the governing body of such city, the petition shall so state.

        The form of ballots used at said election shall be as follows:

        "Shall the city of ______________ abandon the (commission-manager) (council-manager) form of government and adopt the (council-manager) (commission-manager) form of government and become a city operating under the general laws governing cities of like class?"

  Yes | |;[ ] MNo | |;[ ]

        If any petition requests an election upon the question of abandoning the council-manager form of government and the adoption of the commission-manager form of government and the election of a governing body of five (5) commissioners, the form of ballots used at said election shall be as follows:

        "Shall the city of ______________ abandon the council-manager form of government and adopt the commission-manager form of government and elect five (5) commissioners to constitute the governing body of the city and become a city operating under the general laws governing cities of like class?"

  Yes | |;[ ] No | |;[ ]

        If a majority of the votes cast upon said proposition at said election shall be in favor of changing the basic form of city-manager government, the said city shall become a city under the general law governing cities of like population and form operating under such manager type of government. The officers constituting the governing board of such city shall hold their offices and act as the governing body of the city until the next general city election, and at the next general city election the basic form of city governing body specified in the proposition submitted shall be elected as provided by laws relating to such basic city-manager form of government. In cities electing to adopt the commission-manager form of government and elect five (5) commissioners to constitute the governing body of the city, such commissioners shall at the next general city election and thereafter be elected as follows: At the next regular city election following the adoption of the changed form of government, two (2) commissioners shall be elected for terms of four (4) years and until their successors shall have been elected and qualified, and three (3) commissioners shall be elected for terms of two (2) years and until their successors have been elected and qualified.

        At each regular city election thereafter, three (3) commissioners shall be elected. The two (2) commissioners receiving the greatest number of votes respectively shall serve terms of four (4) years and until their successors shall have been elected and qualified and the one commissioner receiving the least number of votes of the three (3) elected shall serve for a term of two (2) years, and until a successor shall have been elected and qualified.

        History:   L. 1949, ch. 181, § 1; L. 1959, ch. 74, § 1; L. 1976, ch. 76, § 11; July 1.