The governing body adopts the capital improvement plan attached to Ord. No. 2002-2844. The capital improvement plan may be amended from time to time as deemed advisable by the governing body.

(Ord. No. 2002-2844, § 2, 9-4-2002)

(a)   A capital improvements fund is hereby established pursuant to K.S.A. 12-1118.

(b)   The governing body may provide for the budgeted transfer of moneys from other city funds lawfully available for improvement purposes to the capital improvements fund, including moneys in the general fund.

(c)   Any general property tax specifically levied for the use of the capital improvements fund shall be authorized by ordinance adopted under the provisions of section 5 of article 12 of the state constitution.

(d)   Moneys in the capital improvements fund may be used to finance, in whole or in part, any public improvement need set forth in the adopted capital improvement plan, including the repair, restoration and rehabilitation of existing public facilities.

(e)   Disbursements from the capital improvements fund may be made for engineering and other advance public improvement plans and studies.

(f)   Reimbursements may be made to the capital improvements fund from bond proceeds, special assessments or state and federal aid available for the completed projects.

(g)   Except for reimbursed expenses of the kind described in this section, no moneys shall be credited to the capital improvements fund except as may be budgeted annually, or transferred by the annual budget from other funds. The capital improvements fund shall not thereafter be subject to the provisions of K.S.A. 79-2925:2937.

(h)   In making the budget of the city, the amounts credited to, and the amount on hand in, the capital improvements fund and the amount expended therefrom shall be shown thereon for the information of the taxpayers of the city.

(i)    Moneys in the capital improvements fund may be invested in accordance with the provisions of K.S.A. 10-131, with interest thereon credited to the capital improvements fund.

(j)    If the governing body determines that money which has been transferred to the capital improvements fund or any part thereof is not needed for the purposes for which so transferred, the governing body, by adoption of a resolution, may transfer the amount not needed to the general or other fund from which it was derived and the transferred funds and expenditure thereof shall be subject to the budget requirement provisions of K.S.A. 79-2925—79-2937.

(Ord. No. 2002-2844, § 1, 9-4-2002)

(a)   Scope and application.

The city is hereby authorized to utilize the procedures established by K.S.A. 40-3901 et seq., whereby no insurance company shall pay a claim of a named insured for loss or damage to any building or other structure located within the city, arising out of any fire, explosion, or windstorm, where the amount recoverable for the loss or damage to the building or other structure under the policy is in excess of 75 percent of the face value of the policy covering such building or other insured structure, unless there is compliance with the procedures set out in this article.

(b)   Lien created.

The governing body hereby creates a lien in favor of the city on the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure located within the city, caused by or arising out of any fire, explosion, or windstorm, where the amount recoverable for all the loss or damage to the building or other structure under the policy is in excess of 75 percent of the face value of the policy covering such building or other insured structure. The lien arises upon any unpaid tax, special ad valorem levy, or any other charge imposed upon real property by or on behalf of the city which is an encumbrance on real property, whether or not evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has remained undischarged for at least one year prior to the filing of a proof of loss.

(K.S.A. 40-3901 et seq.; Ord. No. 2004-2881, 12-15-2004; Code 2015)

(a)   Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Emergency action” means all exigent activities conducted in order to prevent or mitigate harm to the public health and safety and the environment from a release or threatened release of any material into or upon land, water or air.

“Recoverable expenses” means:

(1)   Other related expenses.

(2)   Compensation of employees for the time and efforts devoted specifically to the emergency action.

(3)   Rental or leasing of equipment used specifically for the emergency action (e.g., protective equipment or clothing, scientific and technical equipment).

(4)   Replacement costs for equipment owned by the city that is contaminated beyond reuse or repair if the equipment was a total loss and the loss occurred during the emergency action (e.g., self-contained breathing apparatus irretrievably contaminated during the response).

(5)   Decontamination of equipment contaminated during the response.

(6)   Special technical services specifically required for the response (e.g., costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the city).

(7)   Other special services specifically required for the emergency action.

(8)   Laboratory costs of analyzing samples taken during the emergency action.

(9)   Any costs of cleanup, storage or disposal of the released material.

(10) Costs associated with the services, supplies and equipment procured for a specific evacuation of persons or property.

(11) Medical expenses incurred as a result of response activities.

(12) Legal expenses that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this article.

“Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into or upon land, water or air of any material which the city determines may be harmful to the public health and welfare or to the environment.

“Threatened release” means any imminent or impending event potentially causing but not resulting in a release but causing the city to undertake an emergency action.

(b)   Strict liability. Any person causing or responsible for a release or threatened release resulting in an emergency action shall be strictly liable to the city for the recoverable expenses resulting from the emergency action. There shall be a rebuttable presumption that any person owning or controlling property causing a release or threatened release is responsible for such release or threatened release.

(c)   Procedure for recovery of expenses generally.

(1)   Itemization of recoverable expenses. City personnel and departments involved in an emergency action shall keep an itemized record of recoverable expenses resulting from an emergency action. Promptly after completion of an emergency action, the appropriate city department shall certify those expenses to the city clerk.

(2)   Submission of claim. The city shall submit a written itemized claim for the total expenses incurred by the city for the emergency action to the responsible person a written notice that unless the amounts are paid in full within 30 days after the date of the mailing of the claim and notice, the city will file a civil action seeking recovery for the stated amount.

(3)   Lien on property. The city may cause a lien in the amount of the recoverable expenses to be placed on any real property located within the city owned by the person causing or responsible for the emergency action.

(4)   Civil suit. The city may bring a civil action for recovery of the recoverable expenses against any and all persons causing or responsible for the emergency action.

(d)   Compliance with state/federal laws. Nothing in this section shall be construed to conflict with state or federal laws requiring persons causing or responsible for releases or threatened releases from engaging in remediation activities and/or paying the costs thereof.

(Code 1971, § 15-69; Code 2015)