A CHARTER ORDINANCE EXEMPTING THE CITY OF INMAN, KANSAS FROM SECTIONS 12-1803, 12-1804, 12-1805, 12-1806,12-1809,12-1810,12-1811,12-1812,12-1813 AND 12-1814 OF THE KANSAS STATUTES ANNOTATED; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE CONSTRUCTION OF SIDEWALKS IN THE CITY, THE CREATION OF SIDEWALK BENEFIT DISTRICTS, THE ASSESSMENT OF THE COST OF SIDEWALKS AGAINST PROPERTIES BENEFITTED, AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY TO PAY THE COSTS OF SUCH SIDEWALK CONSTRUCTION.

WHEREAS, the governing body of the city of Inman, Kansas (the “City”) has considered the need of the City’s residents for sidewalks in certain areas of the City in which there are presently no sidewalks constructed, and in certain areas of the City where there are no continuous sidewalks; and

WHEREAS. the governing body of the City has determined that there is a need for construction of sidewalks in such areas of the City to provide for the general safety and welfare of pedestrians: and

WHEREAS, the governing body has considered the state laws providing for the construction of sidewalks, and determine that such state laws are not uniformly applicable to all cities of Kansas, and that such provisions are not suited to the needs of the City.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF INMAN, KANSAS:

Section 1. Exemption from Statutes. The City, a city of the third class under mayor/council form of government, 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 make inapplicable to it sections 12-1803, 12-1804, 12-1805, 12-1806, 12-1809, 12-1810, 12-1811, 12-1813 and 12-1814 of the Kansas Statutes Annotated, which sections apply to the City, but not uniformly to all cities of Kansas, and to enact substitute and additional provisions on the same subject as herein provided.

Section 2. Authorization of Sidewalk Construction. After consideration of the specific need of the residents of a part or parts of the City for sidewalks to protect the safety and welfare of pedestrians in that part of the City, the governing body may, in its discretion, by resolution, order sidewalks constructed in such part or parts of the City.

Section 3. Preliminary Plans, Reports, Estimates and Bids. Before the adoption of a resolution ordering construction of sidewalk improvements, the governing body shall obtain a preliminary estimate of the cost of the sidewalk improvements, which estimate may be prepared by qualified officers of the City or by professional consultants. The governing body may also take such other preliminary steps as it may determine necessary, including among other things, the preparation of plans and specifications, estimates of cost of the sidewalk improvements, and the advertisement for bids for construction of such improvements.

Section 4. Creation of Sidewalk Benefit Districts. Before the adoption of a resolution ordering construction of sidewalk improvements, the governing body shall by resolution create a sidewalk benefit district for such improvements. The governing body shall include within such benefit district all properties which it determines to be specially benefitted from the construction of the proposed sidewalk improvement. Such properties may include properties directly abutting the sidewalk to be constructed, the properties on the opposite side of the street abutting the sidewalk to be constructed and any other properties which, in the discretion of the governing body, will be particularly benefitted by the construction of the proposed sidewalk. The resolution establishing the sidewalk benefit district shall contain a title or designation for the benefit district, the legal description of all properties to be included within the district, a description of the extent and location of sidewalk improvements to be constructed within the district, and estimate of the probable cost of such improvements, the apportionment of the costs of such improvements among the properties on the district, and the proposed method of assessment of such cots against the properties in the district.

Section 5. Notice to Property Owners of Proposed Sidewalk Improvements; Public Hearing. After the governing body has created a particular sidewalk benefit district, and before the adoption of a resolution ordering construction of the proposed sidewalk improvements, the governing body of the city shall hold a public hearing to receive input from the owners of property in the proposed benefit district or districts and from the general public relating to the location of the proposed sidewalk improvements, the apportionment of the costs of such improvements among the properties in each benefitted district, and the proposed method of assessment of such costs. Notice of such public hearing shall be published once in the official city newspaper not less than seven (7) nor more than fourteen (14) days prior to such public hearing, and a copy of the resolution creating the sidewalk benefit district, together with a copy of the notice of public hearing, shall be mailed not less than seven (7) days prior to the public hearing to the record owner or owners of each of the properties included within the benefit district.

Section 6. Request for Sidewalk Improvements; Waiver of Public Hearing. The owner or owners of any property in the City may request construction of sidewalk improvements by filing a written petition therefore with the governing body of the City. If the petition is signed by the owners of all of the property included within the proposed benefit district, and provides for apportionment of the cost of the sidewalk improvements among the properties in the benefit district and for the method of assessment of such costs against such properties in a manner consistent with this ordinance, then the governing body may proceed to adopt a resolution ordering construction of such sidewalk improvements without further notice or public hearing.

Section 7. Authorization of Construction. After the close of the public hearing (of if a public hearing is not required by the provisions of this ordinance), the governing body may by resolution order construction of the sidewalk improvements. The resolution authorizing such construction shall describe the nature” extent and location of the sidewalks to be constructed, and shall describe the nature and extent of the benefit district, the apportionment of costs among the respective properties in the benefit district and the method of assessment, all as finally determined by the governing body.

Section 8. Determination of Final Costs; Levy of Assessments. After completion of construction of the sidewalk improvements, the city clerk shall make a determination of the final costs of each sidewalk project authorized (including financing costs), and shall assess the costs among the various properties in the sidewalk benefit district in accordance with the formula set forth in the governing body’s authorizing resolution. A notice of each proposed assessment shall be mailed to the owner or owners of record of each property liable for the assessment. Not less than seven (7) days after the final mailing of such assessment notices, the governing body shall hold a hearing on the proposed assessments, at which hearing the owner or owners of any property liable for assessment may comment on the propriety of the assessment and its conformity with the provisions of the resolution of the governing body authorizing the construction of the sidewalks. After the public hearing, the governing body may make any modifications to any of the assessments it deems necessary in order to conform them to the provisions of the authorizing resolution, and may at any time thereafter consider and pass an ordinance levying the assessments as proposed, with any modifications made after public hearing.

Section 9. Property Owned by Governmental Units. The costs of constructing sidewalk improvements benefitting or abutting on lots or tracts of land belonging to the City or to the State of Kansas, or to the United States, and that portion of the sidewalk extending from a projected property line to the curb and which does not abut on and which is not in front of or alongside any lot or tract of land may be paid for by the City, or may be assessed as a general benefit to the other properties in a particular benefit district.

Section 10. Assessment Ordinance; Installments; Pay-in Period. Assessments for sidewalks constructed pursuant to this ordinance shall be made by ordinance, which shall provide for certification of the assessments to the county clerk and payment of such assessments in not more than five (5) annual installments. The assessment ordinance may provide for interest to be charged on the assessments, which interest shall begin to accrue at the end of the pay-in period provided for in the assessment ordinance. If bonds or temporary notes are issued as hereinafter provided to finance the costs of the sidewalk improvements, the interest rate charged on the assessments shall be the average interest rate on such bonds or notes. If no bonds or notes are issued to finance any given project, then the governing body may fix an interest rate to be charged on such assessments which shall approximate the yield on United States treasury obligations maturing at the time of payment of the final assessment installment. The owner or owners of each property liable for assessment shall have thirty (30) days after the date of publication of the assessment ordinance in which to pay the assessment levied in cash without interest. All such payments shall be made to the city clerk. At the end of the thirty-day pay -in period, the city clerk shall prepare and file with the county register of deeds an affidavit certifying to the passage and publication of the assessment ordinance, to which a copy of the publication affidavit of such ordinance shall be attached, which affidavit shall state what assessments, if any, have been paid in cash and discharged by the end of the pay-in period.

Section 11. Issuance of Bonds or Notes. The governing body of the City may provide for financing the costs of the sidewalk improvements constructed pursuant to this ordinance by the issuance of general obligation bonds or temporary notes of the City in accordance with the provisions of the Kansas general bond law, K.S.A. 10-101 et seq., as now existing or as hereafter amended. No voter referendum shall be required to approve the insurance of such bonds or notes. Bonds may be issued maturing not later than the fifth year after the year in which the assessments are levied and shall be payable from the assessments received, but if not so paid, then from unlimited ad valorem taxation. Temporary notes may be issued for maximum term permitted by K.S.A. 10-123, as now existing or hereafter amended, and shall be payable from the proceeds of bonds, if issued, and if not, from the same revenue sources as bonds issued pursuant to this section.

Section 12. Severability. If any phrase, clause, paragraph or section of this ordinance is declared unconstitutional or invalid by any court of competent jurisdiction, it is hereby declared that the governing body would have enacted the remaining portions of this ordinance without the phrase, clause, paragraph or section so held unconstitutional or invalid.

(11-15-1999; Repealed 08-12-2013)