A CHARTER ORDINANCE EXEMPTING THE CITY OF ABILENE, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-5249 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO RURAL HOUSING INCENTIVE DISTRICTS.
WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the "Act"). Provides that cities may exercise certain home rule powers, including passing chatter ordinances which exempt such cities from non-uniform enactments of the Kansas Legislature; and
WHEREAS, the City of Abilene, Kansas (the "City") is a city, as defined in the Act. duly created and organized, under the laws of the State of Kansas; and
WHEREAS, K.S.A. 12-5249 is part of an enactment of the Kansas Legislature (K.S.A. 12-5241 et seq.) relating to rural housing incentive districts, which enactment is applicable to the City, but is not uniformly applicable to all cities within the State of Kansas; and
WHEREAS, the governing body of the City (the "Governing Body") desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 12-5249, and to provide substitute and additional provisions therefor.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ABILENE, KANSAS:
Section 1. Exemption. The City, by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-5249. and shall be governed by the following substitute and additional provisions contained herein.
Section 2. Rural Housing Incentive Districts; Bond Proceeds; Limitations on Use.
(a) The City may use the proceeds of special obligation bonds issued under K.S.A. 12-5248, and amendments thereto, or any uncommitted funds derived from those sources of revenue set forth in K.S.A. 12-5248(a)(l), and amendments thereto, to implement specific projects identified within the rural housing incentive district plan including, without limitation:
(1) Acquisition of property within the specific project area or areas, including as provided in K.S.A. 12-5247, and amendments thereto;
(2) payment of relocation assistance;
(3) site preparation;
(4) sanitary and storm sewers and lift stations;
(5) drainage conduits, channels and levees;
(6) street grading, paving, graveling, macadamizing, curbing, guttering and surfacing;
(7) street lighting fixtures, connection and facilities;
(8) underground gas, water, heating. and electrical services and connections located within the public right-of-way;
(9) sidewalks;
(10) water mains and extensions;
(11) payment or reimbursement for prior payment of past, present, and future special assessments levied against property within the district pursuant to K.S.A. 12-6a01 et seq. or K.S.A. 12-6a26 et seq.; and
(12) renovation of buildings or other structures more than 25 years of age primarily for residential use located in a central business district as approved by the secretary of commerce. Certification of the age of the building or other structure shall be submitted to the secretary by the governing body of the city or county with the resolution as provided by K.S.A.12-5244, and amendments thereto. Eligible residential improvements shall include only improvements made to the second or higher floors of a building or other structure. Improvements for commercial purposes shall not be eligible.
(b) None of the proceeds from the sale of special obligation bonds issued under K.S.A. 12-5248, and amendments thereto, shall be used for the construction of buildings or other structures to be owned by or to be leased to any developer of a residential housing project within the district, except for buildings or other structures located in a central business district as approved by the secretary of commerce.
(10-11-2021)