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.

(1)   The City is hereby authorized to utilize procedures established by K.S.A. 40-3901 et seq. to ensure structures damaged by natural or manmade causes are demolished or made safe in a timely manner. As such, the City hereby establishes a procedure for payment of 15% of the proceeds of any insurance policy for a covered claim made for damage or loss to a building or other structure which is in excess of 75% of the face value of the policy covering the building or other insured structure.

(2)   The insurer first shall pay all amounts due the holder of a first real estate mortgage against the building or other structure pursuant to the terms of the policy and endorsements thereto, and then shall withhold from the covered claim payment of a sum equal to 15% of the proceeds of insurance claim, and shall pay such monies to the City to deposit in an interest-bearing account, unless the City has issued a certificate pursuant to K.S.A. 40-3906, and amendments thereto.

(3)   The City shall release the insured’s proceeds and any interest which has accrued on such proceeds received under subsection (a)2 within 45 days after receipt of such monies, unless the City has instituted legal proceedings under the provisions of K.S.A. 12-1752, and amendments thereto. If the city has proceeded under the provisions of K.S.A. 12-1752 and amendments thereto, all monies in excess of that necessary to comply with the provisions of K.S.A. 12-1752 et seq. and amendments thereto, for the removal of the building or structure, less salvage value, shall be paid to the insured.

(b)   Lien created.

The city hereby creates a lien in favor of the city on the proceeds of any insurance policy based upon a covered claim payment made for the damage or loss to a building or other structure located within the city, caused by or arising out of any natural or man-made cause, where the amount recoverable for all the loss or damage to the building or structure under the policy is in excess of 75% 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. 2022-3186)

(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)

(a)   Any person liable for the payment of any fee, charge, fine, or other debt of any type or description due and owing to the city, together with any interest accrued thereon, shall pay any and all reasonable costs of collection related thereto.

(b)   The City shall make a good faith effort to collect unpaid debt by billing the debtor at least three (3) consecutive months at the last known address.

(c)   If the City is unable to collect a delinquent account, the amount in full may be submitted to a collection agency, if the City has retained one at such time. The debtor will be subject to the costs of collection in addition to the debt owed the City. Costs of collection include, but are not limited to, court costs, surcharges, attorney fees, and collections agency fees, except that such costs of collection may not include both attorney fees and collection agency fees.

(d)   If the City is unable to collect a delinquent account after twelve (12) months of effort by a collection agency, if the City has retained one at such time, the remaining balance may be certified to the county clerk pursuant to K.S.A. 12-6a10 for assessments if the debtor possesses real estate in the city limits. The assessments are levied as a special tax upon the property of debtor, and shall be payable in fifteen (15) annual installments. All assessments shall bear interest at the rate, not to exceed the maximum allowed by statute. Said interest shall be collected annually at the same time and in the same manner as the principal installments are collected. Such assessments shall be collected and paid over to the City Treasurer in the same manner as other taxes of the City are collected and paid.

Should the City Clerk elect to assess certain debts, the proposed assessment roll shall be maintained on file with the City Clerk and be open for public inspection. Following preparation of the proposed assessment roll, the Governing Body shall hold a public hearing on the proposed maximum assessments on the first regularly scheduled City Commission meeting thereafter after compliance with the notice provisions set forth in this paragraph. The City Clerk shall publish notice of the public hearing for the improvement district at least once not less than 10 days prior to the public hearing, and shall mail to the owner of the property liable to pay the assessments, at its last known post office address, a notice of the hearing and a statement of the cost proposed to be assessed all in accordance with K.S.A. 12-6a09.

(Ord. 2023-3199)

(a)   The Governing Body has reviewed the "Neighborhood Revitalization Plan for Cloud County, Kansas, 2021" as adopted by the Cloud County Board of County Commissioners (hereafter the "Plan"), and finds and determines that the property within the City which lies within the Neighborhood Revitalization District, as set out in Exhibit A to the Plan, meets the definition of "neighborhood revitalization area" in K.S.A. 12-17,115(c).

(b)   Plan Adoption.  Following a properly noticed public hearing, as required by K.S.A. 12-17,117, and consideration of comments from the public and staff, the Plan is hereby adopted and incorporated by reference as if fully set out herein in accordance with the provisions of K.S.A. 12-3301:3305.

(c)   Interlocal Agreement.  The Mayor is authorized, on behalf of the Governing Body, to enter into an interlocal agreement with:  Cloud County; other cities within Cloud County; Unified School District Nos. 224, 333 and 334; and the Cloud County Community College, as necessary to implement the Plan, as provided for in K.S.A. 12-17,119.

(d)   Authority.  Ordinance No. 2020-3161 is adopted under the authority of K.S.A. 12-17,114 et seq., K.S.A. 12-3301 et seq., K.S.A. 12-2901 et seq., and Article 12, Section 5 of the Kansas Constitution.

(Ord. 2020-3161)