CHARTER ORDINANCE NO. 80

CHARTER ORDINANCE OF THE CITY OF WICHITA, KANSAS, REPEALING CHARTER ORDINANCE NO. 17 OF THE CITY OF WICHITA, KANSAS; PROVIDING THAT K.S.A. 13-1011 AS AMENDED BY SECTION 34, CHAPTER 173 OF THE 1981 SESSION LAWS OF KANSAS SHALL NOT APPLY TO THE CITY OF WICHITA AND EXEMPTING THE CITY OF WICHITA THEREFROM, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME SUBJECT; PROVIDING FOR STREET AND ALLEY IMPROVEMENTS, RESOLUTIONS TO BE ADOPTED, PETITIONS WHICH ARE NECESSARY AND PROVIDING FOR THE MANNER IN WHICH SAID IMPROVEMENT ARE TO BE CONSTRUCTED.

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

SECTION 1. That the governing body of the City of Wichita, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it K.S.A. 13-1011 as amended by Section 34, Chapter 173 of the 1981 Session Laws of Kansas, which applies only to cities of the first class, and applying to said city, and to provide additional provisions as hereinafter provided.

SECTION 2. (a) When the governing body deems it necessary to grade, regrade or improve any street, lane or avenue or alley or any part thereof, within the limits of the City, for which a special tax is to be levied, such body shall by resolution declare the work or improvements to be done. Such resolution shall be published once in the official paper of the City. If the resident owners of more than one-half of the property liable for taxation thereof do not, within twenty (20) days after such publication, file with the Clerk of the City their protest against the work or improvement, the governing body shall have power to cause such work to be done or such improvement to be made and to contract therefore and to levy taxes as provided by law. The work may be done before, during or after the collection of a special assessment.

(b) No provision of this act shall prevent the governing body from grading or regarding any street, lane, or alley or part thereof, and pay therefore out of the general improvement fund of such city.

(c) No resolution to pave, macadamize, grade or repave, remacadamize, or regrade any street, lane or alley shall be valid unless a petition requesting such improvement has been filed with the City Clerk, which petition must be signed by the resident owners of not less than one-half (½) of the feet fronting or abutting upon the street, lane or alley to be improved. The feet fronting or abutting upon such street, lane or alley owned or held by the persons who are not residents of the City shall not be taken into account in determining the sufficiency of any such protest or any such petition. In case of paving, such petition shall state the width of the paving and the kind of material to be used, but shall not include the naming of the brand material or the name of the manufacturer thereof.

(d) As used in this section, "improve" means curb, gutter, pave, macadamize, recurb, regutter, repave or remacadamize.

SECTION 4. This Ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

SECTION 5. 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.

PASSED BY THE GOVERNING BODY, not less than two-thirds of the members elect voting in favor thereof, this 11th day of August, 1981.

R. C. BROWN
Mayor

ATTEST:

DONALD C. GISICK
City Clerk