Each year, the Mayor, with the consent of the Council, shall appoint a Municipal Judge for the municipal court, a City Clerk, a City Treasurer, a City Marshal and may appoint a City Attorney, a Street Commissioner, an Assistant Marshal, a Fire Chief, a Superintendent of Sewage and Water and such other officers as may be deemed necessary. The duties and pay of the various officers provided for in this section shall be regulated by ordinance. A majority of all the members of the Council may remove any such officer; or for good cause, the Mayor may remove any such officer, with the consent of the Council.

(K.S.A. 15-204; C.O. No. 13; Code 2016; C.O. No. 14)

Appointed officers of the City of Peabody, Kansas, shall reside in Peabody, Kansas zip code 66866 or own residential property in Peabody, Kansas zip code 66866.  The Office of City Administrator and City Clerk shall be subject to a residency requirement of primary residence within the city limits of the City of Peabody, Kansas. The Office of Municipal Court Judge, City Prosecuting Attorney shall be held by residents of the state of Kansas.

(Ord. 01-2009; C.O. No. 8; C.O. No. 12; Code 2016)

If the City Council shall deem it necessary, they may, by such ordinance, provide for the appointment of a City Attorney, and in such case they shall prescribe his duties and compensation. The Council shall have power to remove the City Attorney from office, by order to be entered on their journal; and they may, by ordinance, abolish the office of City Attorney whenever they deem it best to do so.

(K.S.A. 15-207, K.S.A. 1967 Supp. 15-209)

(a)   The City Clerk shall keep his office open at such times during business hours in the city as may be fixed by the Council.

(b)   The City Clerk shall attend all meetings of the Council and make and keep a record of all proceedings and meetings of the Council in minute form entered in the journal of Council proceedings. In the absence of the City Clerk from any meeting, the presiding officer shall appoint a member of the Council to keep an account of the proceedings and to report the same to the City Clerk.

(c)   He shall carry on all the official correspondence of the City, giving the same prompt attention and shall present for the consideration of the Mayor and Council at each meeting all correspondence received and replies given him.

(d)   He shall have charge of the corporate seal of the city and shall affix the same to the official copy of all ordinances, deeds, contracts and similar documents required to be authenticated, and shall be authorized to administer oaths for the purposes pertaining to the business and affairs of the city.

(e)   He shall be custodian of all the city records, books, papers, contracts, petitions, documents and other personal effects belonging to the city not properly pertaining to any other office and shall keep suitable files and records of the same.

(f)   He shall receive and audit all claims against the city and shall present them for the consideration of the Council at its regular meeting each month, and shall prepare appropriation ordinances for the payment of all claims allowed by the Council. He shall draw warrants (or warrants and checks) only when appropriations to pay claims against the city have been made by ordinance.

(g)   He shall be prepared to report to the Council at its regular meeting each month in regard to the financial condition of the funds of the city so that the Governing Body may not create debts nor authorize the issuance of warrants in violation of the budget law or cash basis law relating to the duties of city officers.

(h)   He shall keep a separate account of each fund of the city, whether the funds be derived from taxation or otherwise, no money belonging to one fund shall be placed to the credit of another fund, or be transferred to another fund unless there is lawful authority for the same. Each separate tax levy shall constitute a separate fund, and income derived from other sources shall be credited to the proper fund of the city.

(i)    He shall render such assistance as may be required by the Governing Body in preparing the annual city budget, any ordinance for the levying of taxes, and shall certify the same to the County Clerk in the form and manner required by law together with a copy of the budget: Provided, That a copy of the budget shall be filed with the State Department of Post Audit.

(j)    He shall keep a record of all special assessments by the City Council for any purpose and shall certify assessments to the County Clerk for collection and payment in manner provided by law.

(k)   He shall keep a fully accurate account of all bonds issued by the city, recording them in the book by date, number, amount of each, to whom payable, where payable and when canceled upon return of the same to the city.

(l)    The City Clerk shall act as the withholding agent of the city for the purpose of the federal revenue (income) act as authorized by K.S.A. 75-3042, and shall receive from each officer or employee of the city withholding certificate required by virtue of said revenue act. He shall maintain a suitable record of the sums so withheld from wages and salaries and remit the same to the Director of Internal Revenue at such times and in such form as may be required by the regulations.

(K.S.A. 15-204)

(a)   The City Treasurer shall receive and safely keep all moneys belonging to the city coming to him by virtue of his office, giving his receipt therefor, and for all moneys received by him from any other source than the City Clerk, he shall give duplicate receipts, causing one of them to be filed with the City Clerk, and shall keep a copy thereof in his own office.

(1)   Any moneys held by the City treasurer not immediately required for the purposes for which moneys were collected or received may be invested as permitted by K.S.A. 1976 Supp. 12-1675 and amendments thereto.

(2)   All moneys earned and collected from the investment of such funds may be credited back to the account from which said monies were taken.

(3)   The Treasurer shall maintain a complete record of all investments and shall make a quarterly written report to the City Council.

(b)   He shall keep proper records and accounts of all moneys received and disbursed by him from any source and funds in behalf of the city specifying the time of the receipt and disbursement, from whom received and to whom disbursed on account of the city.

(c)   He shall publish or cause to be published annually a financial statement of the city in the manner and style required by K.S.A. 12-1608.

(d)   He shall deposit all funds of the city coming into his hands in his official capacity or responsibility in a depository bank or banks within the city, and only after the same has been designated by the Governing Body and after the depository bank shall have given security in those instances when a depository of public moneys must give security. All such deposits shall be made in his name and in his official title as Treasurer of the City of Peabody.

(e)   He shall pay out funds of the city upon warrants (warrants and checks) properly signed by the Mayor attested by the City Clerk and counter signed by him. He shall cancel all warrants as soon as paid, and in canceling paid warrants, he shall write across the face of such warrants the “Paid” in red ink and sign the same: Provided, that in case a combination warrant and check issued and such warrant is stamped by a depository bank of the city, the said endorsement of the Treasurer shall not be required.

(Ord. 7; Ord. 88; K.S.A. 9-1401; 1403; K.S.A. 10-801:809; K.S.A. 12-1608; K.S.A. 15-204; Code 2016)

(a)   The Chief of Police shall at all times by day or by night have power to make arrests.

(b)   It shall be the general duty of the Chief of Police and police officers of the city at all times to the best of their ability to preserve good order, peace and quiet throughout the city as provided by law or ordinance. All persons arrested for violation of any law of the state and who shall not be charged with any offense under an ordinance of the city shall be released to the custody of the Sheriff of the county and such arrest shall be reported to the County Attorney.

(K.S.A. 15-601;604)

(a)   The Street office of Street Commissioner is hereby Commissioner shall perform such duties established for and on behalf of the City as authorized by the Council and directed by the Mayor.

(b)   The Street Commissioner shall have supervision of the maintenance and repair of all streets, alleys, lanes and other public thorough fares of the city, in the performance of which, he shall see that all dirt streets are maintained as soon as possible after each rain; keep in repair all streets that have been chatted or graveled; see that all crosswalks and gutters are properly cleaned; cause to be removed from the streets any obstructions, nuisances and dangerous objects; and shall notify the Council of all repairs needed on the streets of the city.

(c)   The Street Commissioner shall be responsible for the observation of the condition of sidewalks and other footways of the city respecting their safety and state of repair and shall report to the City Clerk all sidewalks believed to be in a dangerous condition or in need of repair.

(d)   The Street Commissioner shall have charge of the trimming of trees standing in the parking of city streets. It shall be the duty of the Street Commissioner to report to the City Clerk all property upon which weeds are growing in violation of the ordinances of the city.

(K.S.A. 15-205, 15-605)

(a)   The office of Water Superintendent is hereby established. The Water Superintendent shall perform such duties for and on behalf of the city as authorized by the Council and directed by the Mayor.

(b)   The Water and Sewer Superintendent shall have supervision of the maintenance and repair of all water wells, pumps, water mains; to read the water meters and install and remove water meters; upon delivery of delinquent water bills from the City Clerk, the said water superintendent shall notify and disconnect the water meter of the delinquent user.

(c)   The Water and Sewer Superintendent shall supervision of the maintenance and repair of all sewer mains, sewage disposal plant and all fire hydrants.

The foregoing provisions of this article shall not be construed to limit the duties of the officers therein named and they shall have additional duties as may be required by the Mayor and Council. The City Council may create other city offices as the city may require hereafter and may abolish any office herein established which shall not have been created by the laws of the State of Kansas for cities of the third class. The Mayor and Council may appoint one person to two (2) or more offices or employments when the performance of the duties of such office or employments shall not be incompatible or prohibited by law.

(K.S.A. Supp. 1967, 15-204,15-207)