CHARTER ORDINANCE NO. 125  


Latest version.
  • A CHARTER ORDINANCE OF THE CITY OF WICHITA, KANSAS, VESTING IN THE BOARD OF PARK COMMISSIONERS CERTAIN SEMIAUTONOMOUS POWERS, AUTHORITY, AND CONTROL AND VESTING IN THE GOVERNING BODY OF THE CITY CERTAIN POWERS, AUTHORITY, AND CONTROL AS SET FORTH; CREATING THE DEPARTMENT OF PARKS AND RECREATION; EXEMPTING THE CITY OF WICHITA FROM THE PROVISIONS OF K.S.A. 13-1347, 13-1348, 13-1351, 13-1352, AND 13-1353; AND REPEALING THE ORIGINALS OF CHARTER ORDINANCE NOS. 45 AND 119, § 5.

    WHEREAS, the governing body desires to maintain a Board of Park Commissioners with title to all current park property, to designate certain duties to the Board of Park Commissioners, and to vest in the City of Wichita other authority over parks, parkways and boulevards, recreation, and forestry;

    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 and hereby makes inapplicable to it certain provisions of K.S.A. 13-1347, 13-1348, 13-1351, 13-1352, and 13-1353 and 13-1354, which provisions are applicable to this City and not applicable uniformly to all cities, and provide substitute and additional provisions as hereinafter set forth in this ordinance.

    SECTION 2. The City of Wichita is hereby declared to be the successor in interest to all power and authority and control heretofore vested in the Board of Park Commissioners, including as the same relates to parks, parkways, boulevards, playgrounds, and shade trees; title to all property, real and personal, owned or held by the Board of Park Commissioners, except as set forth in Section 5; and all debts, contracts, and obligations lawfully entered into by the Board of Park Commissioners during the period such powers were exercised by such Board.

    SECTION 3. In K.S.A. 13-1351, 13-1352, and 13-1353 the term "governing body of the City of Wichita" is substituted whenever the terms "board of park commissioners" "board of park commissioners of any city" "board of park commissioners of any city of the first class" or "board of park commissioners of any city of the first class having a population of more than 80,000" is used. All other provisions of said statutes are retained and remain in force and effect for the City of Wichita. The City of Wichita shall have the authority to carry out said provisions on behalf of the Board of Park Commissioners pertaining to any property that continues to be titled in the name of the Board of Park Commissioners.

    SECTION 4. The City of Wichita hereby establishes and continues in effect the Board of Park Commissioners as a board of the City with such appointment, removal, term, officers, and organization as may be set forth by ordinance. The Board of Park Commissioners shall be a semiautonomous board and shall have such powers, authority, and control as are set forth in Section 5 and may hereafter be set forth by ordinance.

    SECTION 5. (a) The Board of Park Commissioners shall be vested with and retain title to all parks and park land and facilities currently held or titled in the name of the Board of Park Commissioners. No title or any interest in such property shall be transferred, encumbered, or disposed of except by action of the Board of Park Commissioners. Any land donated to the Board of Park Commissioners for park purposes shall be held by the Board of Park Commissioners and be used exclusively for park purposes; any funds donated to the Board of Park Commissioners for purposes of purchasing park land shall be held by the Board of Park Commissioners and used exclusively for the purchase of park land by the Board of Park Commissioners. All other land acquired by purchase, transfer, donation, eminent domain, or otherwise for park or recreation purposes after the effective date of this charter ordinance shall be held in the name of the City of Wichita. Such property once acquired shall not be disposed of, encumbered, or transferred without the approval and consent of the Board of Park Commissioners. Property designated permanently for park purposes by the City shall not be converted to other uses or permanently altered without the consent of the Board of Park Commissioners.

    (b) The Board of Park Commissioners shall develop and recommend a proposed park and recreation plan and shall submit the plan, together with a summary of hearings thereon, to the governing body of the City. The governing body may either approve the plan or return it with any change or recommendation to the Park Board for proposed amendment or further recommendation. Thereafter, the governing body shall adopt a final plan as recommended by the Park Board or as further amended by the governing body. Any plan may be amended from time to time by the same procedure.

    (c) The Board of Park Commissioners shall establish the necessary rules and regulations on behalf of the City for the conduct and control of parks and recreation facilities.

    SECTION 6. The City of Wichita shall establish a Department of Park and Recreation with such organization, functions, and duties as may be set forth by ordinance.

    SECTION 7. Charter Ordinance Nos. 45 and 119, § 5, are hereby repealed.

    SECTION 8. This ordinance shall be published once each week for two consecutive weeks in the official City paper.

    SECTION 9. 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.

    SECTION 10. (Added—See Charter Ordinance No. 144)

    PASSED BY THE GOVERNING BODY, not less than two-thirds of the members elect voting in favor thereof this 17 day of April, 1990.

    BOB KNIGHT
    Mayor

    ATTEST: (Seal)

    JOHN MOIR
    Director of Finance/City Clerk