Charter Ordinance No. 212  


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  • A CHARTER ORDINANCE AMENDING SECTION 2 OF CHARTER ORDINANCE NO. 139 OF THE CITY OF WICHITA, KANSAS, PERTAINING TO DELAY OF SPECIAL ASSESSMENTS, AND REPEALING THE ORIGINAL OF SAID SECTION.

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

    SECTION 1: The provisions of Section 2 of Charter Ordinance No. 139 of the City of Wichita, Kansas, are hereby amended to read as follows:

    SECTION 2. DELAY OF SPECIAL ASSESSMENTS. The City Council may authorize and provide for a delay in or an abatement of the payment of special assessments for the cost of constructing public improvements subject to the conditions and in the manner provided for herein.

    (a) The City Council may authorize and provide for a delay in the payment of a part or all of an assessment for the costs of constructing a parking facility located within a parking district that is being financed under authorization of Charter Ordinance 138 if the property the delay is being sought for, at the time bonds are issued, provides off-street parking on the property that meets off-street parking requirements for the use the property is subject to at that time. Delayed assessments shall be due and payable at the time the use of such property changes to a use that requires more off-street parking spaces than are being provided for on the property. The delay of the payment of assessments may, at the discretion of the City Council, be continued on a partial basis on the portion of the assessment that exceeds the cost of the parking spaces that are needed to meet off-street parking requirements. E.g., if the property was originally assessed for 20 spaces and only 12 spaces are needed, then the delay for payment of assessment can be continued on the portion of the assessment that equals the 8 spaces that will not be used.

    (b) The City Council may authorize and provide for a delay in the payment of special assessments for the cost of constructing public improvements in unplatted and undeveloped areas of the City. The City Council may provide for a delay in the commencement of payment of some or all special assessments upon such property for a designated period not to exceed fifteen years or until such property is platted or developed if the same occurs prior to the conclusion of the period designated. In the event such property has not developed 50% of its area at the conclusion of the period designated, an additional extension of ten years before commencement of payments may be granted to such property. All assessments shall be due and payable at the time such property, or any portion thereof, is platted or developed, or at the expiration of the designated period or any extension of such period. The payments for such property, or any portion thereof, shall be spread against such property, or any portion thereof as if the time for payment of the special assessments had not been delayed. When payments become due on a portion of the property, the payments against such property shall be spread in a pro rata manner based on the ratio the area of such property bears to the area of the entire property originally delayed. For the purpose of this act, undeveloped areas shall mean those areas which:

    (1) are in excess of 2½ acres;

    (2) have not been platted;

    (3) are undeveloped;

    (4) have a population density of less than one family per acre;

    (5) are not served by such public improvement; and,

    (6) neither the owner of such area nor such owner's spouse, nor any entity in which either has greater than 5% ownership interest has petitioned for this improvement.

    (c) In addition, in the case of special assessments for drainage improvements on property which has been platted for development the City Council may authorize and provide for a delay in the payment of special assessments for the cost of constructing storm water drainage improvements on such property, for a designated period of not to exceed five years or such earlier time as of which street improvements are approved for the property, as referenced in (4) below, or the letter or credit referenced in (3), below, is released. Storm water drainage deferral is subject to the following conditions:

    (1) The property for which the storm water drainage improvements are deferred must be platted and must not yet be served by street pavement (either public or private).

    (2) The property eligible for the storm water drainage deferral must not exceed fifty percent (in either size and/or lot count) of the benefit.

    (3) A letter of credit in the amount of 35% of the storm water drainage project cost must be provided per the requirements of the City of Wichita and, for a benefit district utilizing storm water drainage deferral the release of the letter of credit shall end the deferral period.

    (4) If or when street pavement, either publically or privately funded, is approved for any lot within the benefit district for which the storm water sewer assessment is deferred, the development deferral for all lots will expire. Approval of streets will be defined as awarding of the contract for publically constructed streets, or the final plan approval for private street improvements.

    (d) The City Council may authorize and provide for a delay in or abatement of the payment of all or any portion of special assessments for the construction of public improvements levied against residential property when, in the opinion of the City Council such payment would work a hardship on the owners of such property. The City Council may provide conditions and requirements for qualification for any such delay or abatement, either by way of ordinance adopted by the City Council or by way of regulations and policies promulgated by the city pursuant to City Council direction."

    SECTION 2. The original of Section 2 of Charter Ordinance No. 139 of the City of Wichita, Kansas, is hereby repealed.

    SECTION 3. This ordinance shall be published once each week for two consecutive weeks.

    SECTION 4. This is a charter ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum 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 the electors voting thereon.

    PASSED BY THE GOVERNING BODY not less than two-thirds of the members elect voting in favor thereof, this 8th day of June, 2010.

    /s/ CARL BREWER,
         Mayor

       

    ATTEST: (Seal)

    /s/ KAREN SUBLETT,
         City Clerk

       

    Approved as to Form:

    /s/ GARY E. REBENSTORF,
         Director of Law