Charter Ordinance No. 144  


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  • A CHARTER ORDINANCE OF THE CITY OF WICHITA PROVIDING ADDITIONAL PROVISIONS ON THE POWER, AUTHORITY, AND CONTROL OF CERTAIN PROPERTY OWNED BY THE CITY OF WICHITA; PROVIDING RESTRICTIONS ON THE USE OF CERTAIN LAND BETWEEN McLEAN BOULEVARD AND THE ARKANSAS RIVER; AND AMENDING CHARTER ORDINANCE NO. 125 BY THE ADDITION OF SUPPLEMENTAL SECTIONS

    WHEREAS, the City of Wichita, Kansas, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, has previously by Charter Ordinance No. 125, elected to exempt itself and make inapplicable to it certain provisions of state law, which provisions were applicable to this City and not applicable uniformly to all cities, and provide substitute and additional provisions as set forth therein; and

    WHEREAS, the City of Wichita, desires to adopt additional provisions relating to restrictions on the use of property owned by the City by the addition of additional sections to Charter Ordinance No. 125;

    NOW THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

    SECTION 1. Charter Ordinance No. 125 of the City of Wichita is hereby amended to add the following section:

    "Section 10. (a) All real property subject to this Section and owned by the City of Wichita or the Board of Park Commissioners shall be subject to the restrictions on use established by this Section. Such restrictions shall apply to such property owned on the date of this ordinance and shall continue to apply to the property whether owned by the City, Board of Park Commissioners, or some other person or entity. These restrictions may hereafter be reduced to a less restrictive use or removed from any or all of the property by action of two-thirds of the members elect of the governing body. Any such action to reduce or remove restrictions shall be by resolution of the governing body.

    "(b) This Section shall apply to that property located between McLean Boulevard and the Arkansas River and between Central Avenue and Douglas Avenue. The street boundaries shall continue to apply in the event of the relocation of any street.

    That portion of the property North of Second Street shall be hereafter restricted to public use, meaning that such property shall be publicly owned and accessible to the public.

    That portion of the property South of Second Street shall be hereafter restricted to and maintained as open space, committed to use for the purpose of public recreation and enjoyment.

    "(c) The restrictions in this Section shall apply only to the property designated in this Section. Nothing in the restrictions of this Section shall be deemed to cause such property to be otherwise designated for park or recreation purposes under the procedures of Section 5.

    SECTION 2. This ordinance shall be published once each week for two consecutive weeks in the official City paper.

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

    Passed by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, this 25th day of February, 1992.

    BOB KNIGHT
    Mayor

    ATTEST:

    PATRICIA L. BURNETT
    Deputy City Clerk