Charter Ordinance No. 139  


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  • A CHARTER ORDINANCE OF THE CITY OF WICHITA, KANSAS, EXEMPTING THE CITY OF WICHITA, KANSAS, FROM THE PROVISION OF KANSAS STATUTES ANNOTATED 13-10,136 AS AMENDED AT CHAPTER 64, 1991 SESSION LAWS OF THE STATE OF KANSAS, 13-10, 137, 13-10, 138 AS AMENDED AT CHAPTER 64, 1991 SESSION LAWS OF THE STATE OF KANSAS, AND 3-10,139; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME SUBJECTS RELATING TO DELAYING OR ABATING PAYMENT OF SPECIAL ASSESSMENT FOR PUBLIC IMPROVEMENTS SUBJECT TO THE CONDITIONS AND IN THE MANNER PROVIDED FOR HEREIN.

    BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

    SECTION 1. Exemption from Kansas Statutes Annotated. The City of Wichita, Kansas, a council-manager city of the first class, by the power vested in it by Article II, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from, and make inapplicable to it the provisions of Kansas States Annotated 13-10,136 as amended at Chapter 64, 1991 Session Laws of the State of Kansas, 13-10,137, 13-10,138 as amended at Chapter 64, 1991 Session Laws of the State of Kansas, and 13-10,139 and amendments thereto, and provides substitute and additional provisions as hereinafter set forth in this Charter Ordinance. Such reference provisions are either enactments or a part thereof which are applicable to the City, but are not applicable uniformly to all cities.

    SECTION 2.  Amended and Repealed. See Charter Ord. 212.

    SECTION 3. City Clerk Shall Not Certify Delayed Special Assessments; Filing of Notice with Register of Deeds; Certification When Payments Become Due. Special assessments for which payment is delayed under Section 2 hereof shall not be certified to the county clerk by the city clerk at the time the ordinance levying such special assessments is adopted by the City Council. Instead, the city clerk shall, for property which is granted a delay in payment of special assessments under Section 2 hereof, file with the Register of Deeds of Sedgwick County, Kansas, a notice stating that special assessments have been delayed and identifying the property and the general nature of the improvement(s) for which the special assessments were levied. At such time as payment of all or any portion of such special assessments is spread against such property, or any portion thereof, the city clerk shall certify such assessments to the county clerk to be collected in the same manner as other taxes.

    SECTION 4. Principal and Interest Payments During Delayed Period; Revenues from Public Improvement Charges; Assessments of Costs Incurred by the City. Whenever the City Council grants a delay in or an abatement of the payment of assessments under the provisions of this ordinance, it shall provide for the payment of the principal and interest of bonds issued for the payment of the costs of such improvement during the period for which such delay has been granted by the levy of a tax upon all the taxable property of the City in the manner provided for the payment of bonds payable by the city at large. The portion of the bonds issued for the payment of the cost of constructing public improvements which are payable by the city at large during the period granted as a delay in the payment of assessments shall be considered bonds payable by the city at large and not bonds the cost of which are repayable from special assessments. Revenues derived from any service charges derived from such improvements may be used to pay the principal and interest thereon. All costs incurred by the city at large by reason of and during the time of the delay in the parent of assessments shall be paid by special assessments against the property against which such costs were originally assessed and the proceeds thereof paid into the general bond and interest fund of the city. In no event shall said amount exceed the original assessment plus prorated interest which would have been charged initially for the installment payment schedule for the special assessment for which the delay was granted.

    SECTION 5. PUBLICATION. This charter ordinance shall be published once each week for two (2) consecutive weeks in the official city newspaper.

    SECTION 6. EFFECTIVE DATE. This is a charter ordinance and shall take effect sixty-one (61) days after final publication, unless a sufficient petition for a referendum is filed requiring a referendum to be held on the ordinance as provided in Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of electors voting thereon.

    PASSED BY THE GOVERNING BODY, not less than 2/3 of the members elect voting in favor thereof, the 22nd day of October, 1991.

    City of Wichita, Kansas

    BOB KNIGHT
    Mayor

    ATTEST:

    PATRICIA L. BURNETT
    Deputy City Clerk