A CHARTER ORDINANCE OF THE CITY OF PARK CITY, KANSAS PROVIDING A SUBSTITUTE PROVISIN ON THE SAME SUBJECT FOR KANSAS STATUTES ANNOTATED 19-2786e; PROVIDING THAT THE CITY OF PARK IMPROVEMENT DISTRICT SHALL BE AUTHORIZED TO ENTER INTO CONTRACTS FOR THE DIVISION AND ALLOCATION OF THE DUPLICATE AND OVERLAPPING POWERS, FUNCTIONS, DUTIES AND LIABILITIES AND OBLLIGATIONS; PROVIDING FOR SPECIAL ASSESSMENTS, AND PROVIDING FOR THE FAILURE TO CONTRACT, EFFECT.

Be it Ordained by the Governing Body of Park City, Kansas:

Section 1.  The City of Park City is a duly incorporated City of the Third Class within the State of Kansas, and by power vested in said City by Article 12, Section 5 of the Constitution of the State of Kansas, hereby provides for a substitute provision to Section 19-2786e of the Kansas Statutes Annotated, which applies to cities of all classes excepting newly incorporated cities which boundaries would encompass or enclose less than all of the territory within an Improvement District, said statute not being an act of the legislature which applies uniformly to all cities, and said City of Park City provides a substitute for said Statute as herein after set forth in Section 2.

Section 2.  Since less than all of the territory within the Park City Improvement District is encompasses, included and enclosed within the boundaries of the City of Park City the governing authorities of such city and such improvement district shall be authorized to enter into contracts in regard to the division and allocation of duplicate and overlapping powers, functions and duties between such agencies, and in regard to the use, improvement, control, purchase, assumption and disposition of the properties, assets, debts, liabilities and obligations of such district.  Such City is expressly authorized to enter into agreements with such District for the operation of the district’s utility systems and other properties by such city and may provide for the transfer, conveyance and sale of such systems and properties of whatever kind and wherever situated (including properties outside of the city) to such city and upon such terms and conditions as may be mutually agreed upon by and between the governing bodies of such district and city.  Such operating contract may extend for such period of time not exceeding thirty (30) years as may be agreed upon and shall be subject to amendment, renewal or termination by mutual consent of such governing bodies.  No such contract shall contain any provision impairing the obligation of any existing contract of such city or district.

The city shall assume and pay, as a general obligation of the city any and all special assessments or special taxes levied against any of the lots, parcels or tracts of land by the said improvement district and so included in the boundaries of the city; and such included lots, parcels or tracts of land shall be discharged from the lien of such special assessments or taxes except that the city shall not assume and agree to pay, nor shall any such property be discharged from the lien of any special taxes or assessments which might be levied to pay the costs of the construction of streets, lateral sewers or water distribution systems and such special taxes or assessments shall continue as a lien upon such real property and shall be paid by the owners of such real property as if the same had not been included in the said city.  In the absence of a contract between the city and the improvement district such district shall  be authorized to continue to exercise all the powers and functions which it was empowered to exercise and perform prior to such annexation, and the city shall not duplicate services rendered by the district or the district’s boundaries without the district’s consent but may perform therein all other municipal functions in which the district is not engaged.

(03-26-1981)