Wichita Charter Ordinance No. 236

in effect

CHARTER ORDINANCE NO. 236 A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-1209 AND K.S.A. 13-1210 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO WATERWORKS IMPROVEMENTS AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IMPROVEMENTS. WHEREAS, Article 12, § 5 of the Constitution of the State of Kansas (the "Act") empowers cities to determine their local affairs and government and provides that such power and authority granted thereby to cities shall be liberally construed for the purpose of giving to cities the largest measure of self-government, including passing charter ordinances which exempt such cities from non-uniform statutes and acts of the Kansas Legislature; and WHEREAS, the City of Wichita, Kansas (the "City") is a city duly created and organized, under the laws of the State of Kansas; and WHEREAS, K.S.A. 13-1209 and K.S.A. 13-1210 are part of an enactment of the Kansas Legislature (K.S.A. 13 1209 et seq.) relating to the purchase, construction or extension of waterworks, including in areas outside of the corporate boundaries of the city and the issuance of bonds for such purposes, which enactment is applicable to the City, but is not uniformly applicable to all cities within the State of Kansas; and WHEREAS, the City Council of the City (the "Governing Body") desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 13-1209 and K.S.A. 13-1310, and to provide substitute and additional provisions therefor. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. Exemption. The City, by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and hereby makes inapplicable to it the provisions of K.S.A. 13-1209 and K.S.A. 13-1210, and does hereby provide the following substitute and additional provisions in place thereof: (a) The City of Wichita, Kansas (the "City") shall have full power and authority to purchase, construct or extend waterworks for the purpose of supplying the City and its inhabitants with water, and may maintain, operate and regulate the same, and prescribe the rates at which water shall be furnished; and the City may acquire, by purchase or appropriate proceedings in condemnation, all grounds deemed necessary either within or without the City upon which to erect such works, and upon which to lay pipes and mains for the purpose of conveying water to consumers; and for the purpose of protecting, maintaining and operating such works, the City shall have the same jurisdiction over any grounds acquired outside of the City for such purposes, as if such grounds were within the City. (b) The City is hereby authorized to make waterworks improvements authorized and in the manner provided for in the General Improvement and Assessment law as contained in K.S.A. 12-6a01 et seq. (the "General Improvement Law"), and in those areas beyond the corporate limits of the City and within (5) miles thereof, including areas that include territory within other cities within such distance; provided that such other cities shall have consented to the making of such improvements. The financing of such waterworks improvements, including the levy of special assessments, shall be made as provided for in the General Improvement Law as if the improvements were located within the corporate limits of the City. The City is hereby authorized to impose upon the properties served with waterworks improvements pursuant to the authority granted herein, user fees which may be based upon the cost of operation and maintenance of such waterworks improvements and also the recovery of an equitable portion of the capital improvement cost of any such improvements originally charged to or assessed within the property within the corporate limits of such city. The user fees authorized shall be a lien against the real property served by such waterworks improvements and may be collected in the same manner as delinquent real estate taxes. (c) The City shall have the power and authority to issue general obligation bonds as provided by law, and the proceeds derived from the sale of the same, or such part thereof as may be necessary, may be used by such city for the purpose of acquiring said grounds and for the purpose of purchasing, constructing or extending such waterworks. As an alternative, the City may also issue general obligation bonds to pay the costs of improvements constructed pursuant to the authority provided in subsection (b) hereof; such bonds to be issued as provided for in the General Improvement Law. Section 2. Severability. If any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidity shall not affect any other provision of this Charter Ordinance. In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein. Section 3. Effective Date. This Charter Ordinance shall be published once a week for two consecutive weeks in the official City newspaper, and shall take effect sixty-one (61) days after final publication, unless a petition signed by a number of electors of the City equal to not less than ten percent (10%) of the number of electors who voted at the last preceding regular City election shall be filed in the office of the Clerk, demanding that this Charter Ordinance be submitted to a vote of the electors, in which event this Charter Ordinance shall take effect when approved by a majority of the electors voting at an election held for such purpose. PASSED with at least a two-thirds (2/3) vote of the entire Governing Body of the City of Wichita, Kansas, on September 15, 2020 and signed by the Mayor. (SEAL) /s/ Brandon J. Whipple, Mayor ATTEST: /s/ Karen Sublett, City Clerk APPROVED AS TO FORM: /s/ Jennifer Magaña Director of Law and City Attorney

Source: City of Wichita, Kansas, Code of the City of Wichita and Charter Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ks/wichita/codes/code_of_ordinances?nodeId=CHOR_CHTR_ORDINANCE_NO._236Fetched: 11/1/2026