Charter Ordinance No. 201  


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  • A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-10,107 AND K.S.A. 13-10,109 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO CONSTRUCTING SEWERS OUTSIDE THE CITY LIMITS OF THE CITY OF WICHITA, KANSAS, INCLUDING AREAS WITHIN THE CITY LIMITS OF OTHER CITIES, ISSUING GENERAL OBLIGATION BONDS OF THE CITY OF WICHITA, KANSAS, TO PAY FOR THE SAME AND SPECIALLY ASSESSING THE COST THEREOF AGAINST PROPERTY DEEMED BENEFITED.

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

    SECTION 1. EXEMPTION OF STATUTE. The City of Wichita, Kansas, a city of the first-class by powers vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby exempts itself from and makes inapplicable to it the provisions of K.S.A. 13-10,107 and K.S.A. 13-10,109, and amendments thereto, and provides substitute and additional provisions as hereinafter set forth in this Charter Ordinance, said statutes being applicable to the City of Wichita, Kansas, but not being applicable uniformly to all cities.

    SECTION 2. SEWER IMPROVEMENTS OUTSIDE THE CITY LIMITS AND/OR WITHIN BOUNDARIES OF OTHER CITIES. The City of Wichita, Kansas, is hereby authorized to make sanitary sewer improvements authorized by and in the manner provided for in the general improvement and assessment law as contained in Chapter 12, Article 6(a), of Kansas Statutes Annotated (the "General Improvement Law"), in those incorporated areas beyond their corporate limits and within five (5) miles thereof, including areas that include territory within other cities within such distance. Financing of the improvements, including the levy of special assessments, shall be made as provided for in the General Improvement Law as if the improvements were within the corporate limits of the City of Wichita, Kansas. The City of Wichita, Kansas, is hereby authorized to impose upon the properties served with sanitary sewers, pursuant to authority granted herein, user fees which may be based upon the cost of operation and maintenance of the sewer improvements and also the recovery of an equitable portion of the capital improvement cost of any such improvements originally charged to or assessed against the property within the corporate limits of such city. The user fees herein authorized shall be a lien against the property served and may be collected in the same manner as delinquent real estate taxes.

    SECTION 3. This ordinance shall be published once each week for two (2) consecutive weeks in the official City of Wichita, Kansas, paper.

    SECTION 4. 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 this ordinance as provided in Article 12, Section 5, subsection (c)(3) of the Constitution of the State of Kansas, in which case, this 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 (2/3) of the members of the elect voting in favor thereof, this 28 day of June, 2005.

    /s/ Carlos Mayans,
         Mayor

       

    ATTEST:

    /s/ Karen Sublett,
         City Clerk

       

    Approved as to Form:

    /s/ Gary E. Rebenstorf
         Director of Law

       

    Effective Date 10-17-06