CHAPTER 1. ADMINISTRATIONCHAPTER 1. ADMINISTRATION\Article 7. Revenue, Finance & Community Development

(a)   Fund Established. In accordance with the provisions of K.S.A. 12-1,110, there is hereby established a Capital Improvements Fund, which shall be used by the city to finance in whole or in part any public improvement need set forth in the City's Capital Improvement Plan.

(b)   Policy Objective. It is the policy objective of the governing body that such fund shall be used primarily to provide a financing mechanism for the repair, restoration and rehabilitation of existing public facilities. Further, it is the intent of the governing body to utilize current revenues to be credited to the fund, to the maximum extent possible, to meet the City's present and future public infrastructure needs and to avoid the costs of unnecessary indebtedness.

(c)   Use for Studies. Monies In such fund may be used to pay the cost of engineering and other advanced public improvement plans and studies, with the fund periodically reimbursed from bond proceeds, special assessments or state or federal aid that may be available for the completed project. No expenditures for such purposes shall be made except on a finding of the governing body of Its probable intent to proceed with the improvement following such engineering or advanced study.

(d)   Plan of Operation.

(1)   The governing body shall prepare and adopt a plan of operation for the implementation of this section. Such plan shall provide that the annual, revised or adopted capital improvements plan of the city identify those improvements to be financed from the fund during the following year. The implementation plan shall include information as to the feasibility of home rule action by the city to levy additional taxes or service charges, the revenue from which would be allocated to the capital improvement fund.

(2)   Beginning in 1997, the Governing Body shall annually propose revenue allocations and budget transfers as may be necessary (a) to finance those improvements scheduled for completion in the next year, the cost of which is to be credited to the fund as provided by the capital improvements plan, and (b) to set aside monies to be annually reserved for future improvements, as provided in the capital improvements plan.

(e)   Investing. Monies in the Capital Improvements Fund shall be invested in accordance with provisions of K.S.A. 10-131 and amendments thereto, with interest thereon credited to such fund.

(Ord. 598; Code 2022)

(a)   Fund Established. In accordance with the provisions of K.S.A. 12-1,117, there is hereby established a Municipal Equipment Reserve Fund, which shall be used by the City to finance the acquisition of equipment necessary for the performance of various functions and services of the City. For the purpose of this section, the word “equipment” shall mean machinery, vehicles and other equipment or personal property which has an estimated future purchase or replacement cost in excess of $5,000.00, and a life expectancy of not less than two years.

(b)   Policy Objective. It is the policy objective of the governing body that such Equipment Reserve Fund shall be used as a financing mechanism to secure the planned and orderly acquisition and replacement of equipment necessary for the efficient and effective operation of the City. It is the further intent of the governing body to annually approve in the future the budgeting of current revenues sufficient (a) to finance the acquisition of new equipment needed in the following year, and (b) to finance needed future replacements and acquisitions by setting aside a reserve amount. It is the planned intent of the governing body that the amount annually reserved shall be not less than the current use value of existing city equipment covered by the reserve fund.

(c)   Plan of Operation.

(1)   The Governing Body shall cause to be prepared a plan of operation for the implementation of this section and for the achievement of the policy objectives of the Governing Body.

(2)   In the year 1998, the Governing Body shall include in the proposed budget for 1999 an amount sufficient to cover necessary 1999 equipment acquisition costs.

(3)   Beginning in 2000, the Governing Body shall annually propose an equipment acquisition program for each of the following three years. The proposed budget shall include an amount sufficient to finance proposed equipment acquisitions for the following year, plus an amount to be reserved as set forth in the annually revised and extended equipment acquisition program.

(d)   Investing. Monies in the Equipment Reserve Fund shall be invested in accordance with the provisions of K.S.A. 10-131 and amendments thereto, with interest earnings credited to such fund.

(Ord. 599; Code 2022)

(a)   The City is hereby authorized to enter into, execute and deliver an Interlocal Agreement with Harvey County, Sedgwick County, Kansas and Unified School District No. 439, Sedgwick City, Harvey and Sedgwick County, Kansas, under which the City, Counties and the School District shall cooperate in the consideration, adoption, and coordination of a Neighborhood Revitalization Plan, and the establishment of a Neighborhood Revitalization Fund, upon the terms and conditions as set forth in said Agreement;

(b)   The City shall, and the officers, agents and employees of the City are hereby authorized and directed to, take such action, expend such funds and execute such other documents, certificates and instruments as may be necessary and desirable to carry out and comply with the provisions of this section and to carry out, comply with and perform the duties of the City with respect to the Agreement for Interlocal Cooperation, all as necessary to carry out and give effect to the terms of the Agreement.

(Ord. 653; Code 2022)

(a)   The Governing Body of the City of Sedgwick, Kansas hereby establishes the City of Sedgwick, Kansas Economic Development Grant Program for promotion of economic development within the city in order stimulate economic growth, increase the local tax base, provide for the public good and welfare consistent with the powers granted unto the City under the Kansas Constitution, Article 12, Section 5.

(b)   It shall be the responsibility of the Governing Body, or their designated representative(s), to review, study, investigate counsel, evaluate and revise applications made by persons or organizations seeking funding for economic development projects as outlined under the City of Sedgwick's Economic Grant Program. The Governing Body shall be responsible for evaluating, selecting and approving funding on such applications and projects it deems feasible and consistent with the City's program.

(c)   Any application or project, must be either industrial or commercial in nature. Such project must involve a minimum investment of no less than $2,000,000.00 in improvements. Such project must not qualify for benefits under the currently existing Neighborhood Revitalization Program. This program is intended to be mutually exclusive with the current Neighborhood Revitalization Program and any applicant who qualifies or could have qualified thereunder shall not be eligible for this program. The maximum benefits under this program shall not exceed a tiered 10-year tax rebate identical to that granted under the existing Neighborhood Revitalization Program.

(d)   Consistent with subsections (b) and (c), the Governing Body shall have the responsibility to review and decide upon any applications submitted under this program and their decision shall serve as the determination of eligibility for funds under the program terms.

(Ord. 670; Code 2022)

(a)   Any citizen, debtor, or applicant shall pay any and all charges related to the reasonable costs of collection of any fine, fee, or costs of services, as well as any costs or assessments for clean-up of the property for a municipal violation that is the issue herein. This specifically applies to, but is not limited to, charges for water, trash, electricity, property code violation fines, parking tickets, municipal court fines, fees, court costs, interest accrued thereon, and any other debt due and owing to the municipality. The costs of collection include, but are not limited to, court costs, surcharged, attorney fees, and collection agency fee, except that such costs of collection may not include both attorney fees and collection agency fees.

(b)   Any citizen, debtor, or applicant for any city of Sedgwick, Kansas service, license, permit, or any other related charges shall pay any and all charges related to the reasonable costs of collection of this account/service. The costs of collection include, but are not limited to, court costs, surcharges, attorney fees, and collection agency fee, except that such costs of collection may not include both attorney fees and collection agency fees. All bills which are determined to be bad debt and are turned over for outside collection, including the State of Kansas Setoff Program and any other agency attempting to collect the same on behalf of the City of Sedgwick, Kansas, shall be subject to a fee of thirty percent (30%) of the total of the delinquent amount. This bad debt administrative charge, consistent with Kansas Statues Annotated 12-4119, shall be applied, to the extent such are permitted and in the amount such agency charges, by the agency undertaking such collection in addition to any and all amounts owed to the City of Sedgwick, Kansas and shall not be deducted from the debt owed to municipal court or restitution amounts including any interest or penalties if applicable.

(c)   Any account holder and/or recipient of services of or from the city of Sedgwick, Kansas shall pay any and all charges related to the reasonable costs of collection of this account or service. The costs of collection include, but are not limited to, court costs, surcharges, attorney fees, and collection agency fee, except that such costs of collection may not include both attorney fees and collection agency fees.

(Ord. 864; Ord 871; Code 2022)

A majority of the electors voting thereon having approved, at a scheduled election with a special election question held on the 5th day of November, 2019, the levying of a retailers’ sales tax in the city of Sedgwick, Kansas, for the purpose of generating revenue needed to provide for infrastructure improvements. Specifically, such tax proceeds shall be utilized for street improvements and maintenance, and to pay bonds or other obligations of the city issued to finance the improvements in accordance with and authorized by the provisions of K.S.A. 12-187 et. seq., and amendments thereto, there is hereby levied a city retailers’ sales tax in the amount of one-half percent (.50%) to take effect on the 1st day of January 2020, or as soon thereafter as is legally permissible and end, unless extended by public vote, no later than December 31, 2024, or five years from its initial effective date whichever shall be longer.

Except as otherwise be provided by law, such tax shall be identical in its application and exemptions therefrom to the Kansas Retailers’ Sales Tax Act and all laws and administrative rules and regulations of the Kansas Department of Revenue relating to the state retailers’ sales tax shall apply to such city retailers’ sales tax insofar as such laws and regulations may be made applicable. The services of the Department of Revenue shall be utilized to administer, enforce and collect such tax.

(Ord. 869; Code 2022)

A majority of the electors voting thereon having approved, at a scheduled election with a special election question held on the 7th day of November 2023, the levying of a retailers' sales tax in the City of Sedgwick, Kansas, for the purpose of generating revenue needed to provide mill levy support and paying the costs of street and other public improvements of the city. Specifically, such tax proceeds shall be utilized for mill levy support and paying the costs of street and other public improvements of the city including, but not limited to, payment of debt service on financing issued for such payments in accordance with and authorized by the provisions of K.S.A. 12-187 et. seq., and amendments thereto, there is hereby levied a city retailers' sales tax in the amount of one-half percent (.50%) to take effect on the 1st day of January 2025, or as soon thereafter as is legally permissible.

Except as otherwise be provided by law, such tax shall be identical in its application and exemptions therefrom to the Kansas Retailers' Sales Tax Act and all laws and administrative rules and regulations of the Kansas Department of Revenue relating to the state retailers' sales tax shall apply to such city retailers' sales tax insofar as such laws and regulations may be made applicable. The services of the Department of Revenue shall be utilized to administer, enforce and collect such tax.

(Ord. 900)