CHARTER ORDINANCE NO. 100  


Latest version.
  • A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS, FROM THE PROVISIONS OF K.S.A. 75-3338(c) AND K.S.A. 5-3341 AND PROVIDING FOR SUBSTITUTE PROVISIONS ON THE SAME SUBJECT, RELATING TO BLIND PERSON PREFERENCE IN OPERATION OF VENDING FACILITIES.

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

    SECTION 1. The City of Wichita, Kansas, a city of the first class, by 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. 75-3338(c) and K.S.A. 75-3341 and provide substitute provisions as hereinafter set forth in this Ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to the City, but are not applicable uniformly to all cities.

    SECTION 2. The term "vending facilities" includes automatic vending machines, snack bars, curb services, shelters, auxiliary equipment as rules and regulations of the Division of Services for the Blind of the Department of Social and Rehabilitation Services prescribes and as are necessary for the sale of the articles or services referred to in paragraph (4) of Subsection (a) of K.S.A. 75-3339, which are, or may be operated by blind licensees. Provided, however, that "vending facilities" shall not include cafeterias and further provided that the decision to operate any of the above on city premises is in the sole discretion of the City.

    SECTION 3. The City shall not be subject to the mandatory arbitration provision set forth at K.S.A. 75-3341. Any dispute between the City, the blind licensee or the Division of Services for the Blind shall be resolved as a matter of contract rights, if a contract exists, in a court of law if the parties are unable to otherwise resolve their differences.

    SECTION 4. The provisions of this Charter Ordinance shall not be construed to prevent the Division of Services for the Blind of the Department of Social and Rehabilitation Services from bidding and submitting proposals shall comply with all City requirements and specifications for the undertaking.

    SECTION 5. This 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 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.