CHARTER ORDINANCE NO. 88

A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-1008d THROUGH K.S.A. 13-1008h AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO SIDEWALKS AND THE FINANCING OF SAME.

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

SECTION 1. The City of Wichita, Kansas, a commission-manager city of the first class, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from, and makes inapplicable to it, the provisions of K.S.A. 13-1008d through 13-1008h, and provide substitute and additional provisions as hereinafter set forth in this ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to other cities, but are not applicable uniformly to all cites or all cities of the same class.

SECTION 2. (a) Any city of the first class having a population of not less than sixty thousand (60,000) is authorized to construct, reconstruct and/or repair sidewalks within the city and to levy special assessments therefore upon the owners of lots and tracts abutting thereon.

(b) It shall be the duty of the owner of the abutting property to keep sidewalk in repair. When any sidewalk becomes inadequate or unsafe for travel thereon, the Director of Operations and Maintenance or his authorized representative may, after giving five days′ written notice by certified mail, return receipt requested, to the owner or his or her agent, if known, of the necessity therefore, make all necessary repairs, construction or reconstruction at any time. The construction, reconstruction and/or repairs may be made by force account or by contract and an account of the cost thereof shall be kept and reported to the governing body.

(c) The cost of all sidewalks constructed under the provisions of this act shall be assessed to the property abutting on such sidewalks.

(d) When a sidewalk or sidewalks has or have been constructed, reconstructed and/or repaired, special assessments shall be levied for the expense thereof. The governing body shall, as soon as the cost is ascertained, levy an assessment against the lots or pieces of land chargeable therefore, by ordinance, and the property owner shall have thirty (30) days after the publication of the ordinance within which to make full payment of the assessment. The City Clerk shall mail a notice not less than fifteen (15) days prior to the end of the thirty (30) days to the owner of record of the property, but failure of the owner to receive notice shall not affect the validity of the assessment. The governing body of said city may issue bonds in the manner provided in the general bond law to finance the unpaid balance of any such special assessments or the cost of construction, reconstruction and repair may be financed until the assessment is paid, out of the fund provided for the maintenance of streets or general improvement fund if such cost has been budgeted as an expense of such fund, and when the assessment and the interest thereon are paid, they shall be credited to such fund.

(e) The cost of constructing, reconstructing and repairing all sidewalks abutting on lots or pieces of land belonging to the city or the United States, and that portion of the sidewalk extending from the projected property line to the curb and which does not abut on and which is not in front of or along side of any lot or piece of land, shall be paid for by the city unless the United States shall pay the cost of the sidewalk abutting on property owned by the United States, and may be paid for out of the fund provided for the maintenance of streets or general improvement fund or by the issuance of bonds and the levying of taxes to pay such bonds.

(f) The temporary financing of repairs may be borne by the city out of the fund for maintaining streets or out of the general fund or general improvement fund or temporary notes may be issued during construction, reconstruction or repair of such sidewalks and before the issuance of sidewalk bonds.

(g) The assessment may be levied to be paid in one installment or in not more than five install ments at the discretion of the governing body, and when installments are certified to the county clerk, interest at the rates specified on the bonds hereinabove authorized to be issued shall be added; provided, that when bonds are not issued, the interest on the installments shall be equal to the average net interest cost incurred by the city in its issuance of general obligation bonds next preceding the assessment. The assessment shall include the cost of materials, labor, engineering and supervision, publication expense, cost of printing bonds, if applicable, removing old sidewalk, and all other expenses properly chargeable against the project; provided, that certain costs not ascertained at the time of figuring the expense, such as publication of the assessment ordinance, printing of bonds, etc., may be estimated; provided, that the costs relating to bonds shall be deducted if the assessment is paid within the thirty days provided for herein.

SECTION 3. 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, Subdivision (c) (3) of the Constitution of Kansas, in which case the ordinance shall become effective 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 5th day of July, 1983.

MARGALEE WRIGHT
Mayor

ATTEST: (Seal)

DONALD C. GISICK
City Clerk