(A) Election; term of office. The Mayor of this city shall be elected by the voters of the city at a regular election. A candidate for Mayor shall be a resident of the city for not less than one year prior to his or her election. His or her term of office shall begin on January 1 following his or her election and shall be for four years and until his or her successor qualifies. If a person is elected or appointed as Mayor in response to a vacancy and serves less than four calendar years, then that period of service shall not be considered for purposes of re-election to a term of office.
(B) Qualifications. The Mayor shall be at least 21 years of age, shall be a qualified voter in the city, and shall reside in the city throughout his or her term of office.
(KRS 83A.040(1))
(C) Vacancy. If a vacancy occurs in the office of Mayor, Council shall fill the vacancy within 30 days. If for any reason, any vacancy in the office of Mayor is not filled within 30 days after it occurs, the Governor shall promptly fill the vacancy by appointment of a qualified person who shall serve for the same period as if otherwise appointed.
(KRS 83A.040(6))
(1) When voting to fill a vacancy in the office of Mayor, a member of the City Council shall not vote for himself or herself.
(KRS 83A.040(2)(c))
(2) When voting to fill a vacancy created by the resignation of the Mayor, the resigning Mayor shall not vote on his or her successor.
(KRS 83A.040(3))
(3) No vacancy by reason of a voluntary resignation in the office of Mayor shall occur unless a written resignation which specifies the resignation date is tendered to the City Council. The resignation may be submitted through electronic mail if it originates from the official’s electronic mail address and includes also the official’s handwritten signature. The resignation shall be effective at the next regular or special meeting of the City Council occurring on or after the date specified in the written letter of resignation. If a resignation date is not specified, the written resignation shall be deemed to become effective at the first regular or special meeting of the City Council occurring on or after its receipt.
(KRS 83A.040(7))
(4) If a vacancy occurs in the office of Mayor which is required by law to be filled temporarily by appointment, the City Council or the Governor, whichever is designated to make the appointment, shall immediately notify in writing both the County Clerk and the Secretary of State of the vacancy.
(KRS 83A.040(8))
(5) The City Council shall elect from among its members an individual to preside over meetings of the City Council during any vacancy in the office of the Mayor in accordance with the provisions of KRS 83A.130 to 83A.150.
(KRS 83A.040(2)(d))
(D) Powers and duties.
(1) The executive authority of the city is hereby vested in and exercised by the Mayor. The Mayor shall enforce the Mayor-Council Plan, city ordinances and orders, and all applicable statutes. He or she shall supervise all departments of city government and the conduct of all city officers and employees under his or her jurisdiction and shall require each department to make reports to him or her as required by ordinance or as he or she deems desirable.
(2) The Mayor shall maintain liaison with related units of local government respecting interlocal contracting and joint activities.
(3) The Mayor shall report to the Council and to the public on the condition and needs of city government as he or she finds appropriate or as required by ordinance, but not less than annually. He or she shall make any recommendations for actions by the Council he or she finds in the public interest. (KRS 83A.130(3))
(4) Subject to disapproval of the Council, the Mayor shall promulgate procedures to ensure orderly administration of the functions of city government and compliance with statutes or ordinances. Upon promulgation or upon revision or rescission of the procedures, copies shall be filed with the person responsible for maintaining city records.
(KRS 83A.130(4))
(5) Any delegation of the Mayor’s power, duties or responsibilities to subordinate officers and employees and any expression of his or her official authority to fulfill executive functions shall be made by executive order. Executive orders shall be sequentially numbered by years and kept in a permanent file.
(KRS 83A.130(7))
(6) All bonds, notes, contracts and written obligations of the city shall be made and executed by the Mayor or his or her agent designated by executive order.
(KRS 83A.130(8))
(7) The Mayor shall be the appointing authority with power to appoint and remove all city employees, including police officers, except as tenure and terms of employment are protected by statute, ordinance or contract, and except for employees of the Council.
(KRS 83A.130(9))
(8) The Mayor shall provide for the orderly continuation of the functions of city government at any time he or she is unable to attend to the duties of his or her office by delegating responsibility for any function to be performed, in accordance with division (D)(5) above. However, the Mayor may not delegate the responsibility of presiding at meetings of the Council, and the authority to approve ordinances or promulgate administrative procedures may only be delegated to an elected officer. With approval of the Council, the Mayor may rescind any action taken in his or her absence under this division (D)(8) within 30 days of the action. If for any reason the disability of the Mayor to attend to his or her duties persists for 60 consecutive days, the office of Mayor may be declared vacant by a majority vote of the Council and the provisions of § 31.21(C) shall apply.
(KRS 83A.130(10))
(E) Authority to negotiate terms and to contract.
(1) The Mayor, through Guthrie Natural Gas (Kentucky Energy Systems, LLC), shall have the authority to negotiate individual contracts with large industrial or business consumers of natural gas, pertaining to the provision, sale and/or transportation of large volumes of natural gas, and which such contracts may contain terms, provisions and conditions different from or in conflict with other city code of ordinance sections pertaining to the provision of natural gas services, to the extent permitted by state and federal law.
(2) Only those customers or potential customers with a projected minimum annual average usage of 10,000 dekatherm per month shall be eligible for consideration under this provision.
(3) This division (E) shall not be construed to require the city to enter into any contract, or to agree to any specific terms, conditions or provision, with any natural gas customer.
(4) All contracts entered into pursuant to this division (E) shall be approved by the Mayor and Guthrie Natural Gas (Kentucky Energy Systems, LLC).
(Ord. 2017-9, passed 10-10-2017)