Charter Ordinance No. 189  


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  • A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS FROM THE PROVISIONS OF K.S.A. 17-2341, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, PERTAINING TO THE ESTABLISHMENT OF THE HOUSING AUTHORITY BOARD OF THE CITY OF WICHITA, KANSAS, AND ESTABLISHING THE MEMBERSHIP THEREOF.

    WHEREAS, the City of Wichita hereby resolves and elects to establish the Housing Authority Board pursuant to the provisions of K.S.A. 17-2340, et seq., and exempt itself from certain provisions of said statutes; and

    WHEREAS, the City of Wichita, in order to provide for the composition and membership of the Wichita Housing Authority Board, establishes the members of the governing body of the City of Wichita as the members of the Wichita Housing Authority Board along with one additional member who is a tenant receiving public housing or Section 8 assistance from the City of Wichita; and

    WHEREAS, the City of Wichita grants to such members all powers of authority to govern the Wichita Housing Authority Board and to exercise all power, rights, and control of the Wichita Housing Authority Board; and

    WHEREAS, the City of Wichita intends that the Housing Advisory Board established by Section 2.12.1170 of this Code shall continue in existence in an advisory capacity to the city council, city manager of the Wichita Housing Authority Board;

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

    SECTION 1. 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, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 17-2341, and to provide substitute and additional provisions as hereinafter set forth in this ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this city and not applicable uniformly to all cities.

    SECTION 2. (a) Pursuant to the provisions of K.S.A. 17-2340, there is hereby established and authorized an agency and authority of the City of Wichita to be known as the Wichita Housing Authority Board. The Wichita Housing Authority Board shall be granted all powers and authority to govern the Wichita Housing Authority and to exercise all power, rights and control of the Wichita Housing Authority Board as may be established by state law or delegated by the City of Wichita.

    (b) The membership of the Wichita Housing Authority Board shall consist of the members of the governing body of the City of Wichita, and one additional member who shall be a tenant receiving public housing or Section 8 assistance from the City of Wichita. Such additional member shall be appointed by the mayor with the approval of the city council.

    (c) The members of the Wichita Housing Authority Board who are also members of the governing body of the City of Wichita shall have such qualifications and terms of office as is now or hereafter established by law and ordinance for the governing body of the City of Wichita. The member of the Wichita Housing Authority Board who is a tenant receiving public housing or Section 8 assistance from the City of Wichita shall be subject to the minimum standards of conduct and qualifications of appointive members of boards and commissions as set forth by the City Code.

    (d) The Wichita Housing Authority Board shall have such composition, officers, quorum and procedures for the transaction of business as is now or hereafter established by law and ordinance for the governing body of the City of Wichita. Provided, that when State law or Charter Ordinance requires the Wichita Housing Authority Board to act in a different manner or under different procedures than is required for the governing body of the City of Wichita, such different procedures shall control for actions of the Wichita Housing Authority Board.

    SECTION 3. The City of Wichita shall maintain such offices and employees on behalf of the Wichita Housing Authority Board as is deemed appropriate for the orderly transaction and management of the business of the Board.

    SECTION 4. The City of Wichita is hereby authorized to establish a Housing Advisory Board with such composition, powers, and duties as may hereafter be set forth by ordinance.

    SECTION 5. This Charter Ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

    SECTION 6. 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) of the Constitution of the State of Kansas, in which case the Charter 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 21 day of August, 2001.

    Bob Knight, Mayor

    ATTEST:

    Pat Burnett, City Clerk

    Approved as to Form:

    Gary E. Rebenstorf, Director of Law