CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\Article 8. Revenue, Finance And Community Development

In order to facilitate the movement of through traffic between areas of concentrated activity within the city, the following public streets are hereby designated and established as Main Trafficways and Trafficway Connections:

(a)   Main Street, 1st Street to 18th Street;

(b)   Main Street, Terrace from 18th to 16th.

(c)   Brown Avenue, O’Neal Street to 12th Street;

(d)   Brown Avenue, 14th Street to 18th Street;

(e)   Chestnut Avenue, 4th Street to 12th Street;

(f)   Pacific Avenue, 1st Street to 14th Street;

(g)   Parker Avenue, 11th Street to west city limits; 

(h)   Walnut Avenue, 1st Street to 12th Street;

(i)    1st Street, Carr Avenue to Walnut Avenue;

(j)    3rd Street, Carr Avenue to Kelly Avenue;

(k)   4th Street, Carr Avenue to Kelly Avenue;

(l)    5th Street, Carr Avenue to Kelly Avenue;

(m)  6th Street, north city limits to south city limits;

(n)   8th Street, Carr Avenue to Chestnut Avenue;

(o)   9th Street, South Street to northern levee;

(p)   10th Street, Main Street to Walnut Avenue;

(q)   11th Street, Osawatomie Power Plant to Pacific Avenue;

(r)    12th Street, Parker Avenue to Walnut;

(s)   14th Street, Main Street to Pacific Avenue;

(t)    18th Street, Main Street to Brown Avenue;

(u)   Intersection of 14th and Parker Avenue;

(v)   Oscar Street, E. Mill Street to E. Pacific Avenue; and

(w)  Industrial Drive;

(x)   Parker Avenue 1st to John Brown Park.

(Ord. 3148; Ord. 3158; Code 1977; Ord 3301; Ord. 3313; Ord. 3434; Ord. 3487; Ord. 3518; Ord. 3596; Ord. 3653; Code 2008; Code 2010, 14-209; Ord. 3719; Code 2018; Ord. 3801; Ord. 3817)

(a)   Pursuant to K.S.A. 12-1757 to 12-1768, as amended, (the “Act”), a public building commission is created by the city of Osawatomie, Kansas (the “City”) to be known as the Osawatomie, Kansas Public Building Commission (the “Commission”), which shall be a municipal body corporate and politic.

(b)   The Commission shall consist of nine commissioners who shall be same persons as are then serving as Mayor and Council Members on the governing body of the City, plus the Secretary of Administration of the State of Kansas if the Commission will provide a building that will house offices or agencies of the State of Kansas.  The commissioners shall serve terms simultaneous with their terms as members of the City’s governing body and term as Secretary of Administration.  The commissioners shall serve without compensation.  The commissioners shall appoint a Chairperson, Vice-Chairperson and Secretary.  Initially, the Chairperson shall be the City’s Mayor, the Vice-Chairperson shall be the President of the Council and the Secretary shall be the City Clerk.  The Secretary shall not be a member of the Commission.

(c)   The Osawatomie, Kansas Public Building Commission is authorized to exercise the following powers and functions:

(1)   To exercise all powers and authority conferred on it by the Act and any subsequent charter ordinance of the City, including, but not limited to, the authority to acquire a site or sites, acquire, construct, reconstruct, equip and furnish a building or buildings or other facilities of a revenue producing character to be maintained and operated for city offices or other purposes as are commonly carried on in conjunction with city offices and general city buildings, county courthouse, county offices, administrative offices for school districts, offices for state and federal agencies all as authorized by the Act, particularly including the Osawatomie State Hospital.

(2)   To lease or sublease all or any part of the buildings and facilities owned by the Commission to the State of Kansas, the City, or other agencies or entities, as authorized by the Act;

(3)   To acquire fee simple title to real estate, including easements and reversionary interests in streets, alleys and other public places and personal property required for its purposes, by purchase, gift, devise or other lawful means, and to take title in the corporate name of the Osawatomie, Kansas Public Building Commission;

(4)   To issue revenue bonds in the manner provided by and subject to requirements of the Act, for the purpose of paying the cost or portions of the cost of acquiring real estate or buildings and constructing, reconstructing, equipping and furnishing such facilities; to fix rents, fees and charges for the use of such buildings or facilities; to pledge the revenues from the facilities to secure such revenue bonds and to make covenants with respect to the maintenance, operations, repair and insuring of such improvements;

(5)   To repair, maintain and operate such buildings and facilities owned by the Osawatomie, Kansas Public Commission;

(6)   To sue and be sued;

(7)   To adopt a seal; and

(8)   To do all things necessary or incidental to and consistent with the powers granted to it under this section and the Act.

(Ord. 3758; Code 2018)

A majority of the electors voting thereon having approved, at the general election on August 7, 2018, the levying of an additional retailers' sales tax in the amount of one quarter of one percent (.25%), to take effect on January 1, 2019, and to be levied for eight years until December 31, 2026, on retail sales consummated within the city of Osawatomie, in accordance with the provisions of K.S.A. 12-187 et seq., and amendments thereto. Such tax shall be in addition to the one percent (1.0%) retailers' sales tax currently levied in the City of Osawatomie, Kansas.

(Ord. 3767)

(a)   The City of Osawatomie does hereby adopt the extension of the Neighborhood Revitalization Plan first adopted by Ordinance 3659 on December 11, 2008 which designated a revitalization area as provided in K.S.A. 12-17,114 et seq., and extends the program for a period of ten (10) years from and after January 1, 2024.

(b)   The City of Osawatomie designates the real property described in the Neighborhood Revitalization Plan as the Neighborhood Revitalization Area and finds that the following conditions exist within the area:

(1)   An area in which there is a predominance of buildings or improvements which by reason of dilapidation, deterioration, obsolescence and which is detrimental to the public health, safety or welfare;

(2)   A substantial number of deteriorated or deteriorating structures, which substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is detrimental to the public health, safety or welfare in its present condition and use;

(3)   An area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use.

(Ord. 3780; Ord. 3790; Ord. 3804; Ord. 3819; Ord. 3833)

The City is authorized to contract debt collection services to collect selected delinquent accounts. The debtor account holder owing unpaid utility bills or fines, fees and cost of service charges related to the reasonable costs of collection of any fine/fee/cost of services, as well as any costs/assessments for clean-up of the property for a municipal violation that is the issue therein. This specifically applies to, but is not limited to, charges for water, sewer, trash, property code violations, fines, fees, 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, surcharges, attorney fees, and collection agency fee, except that such costs of collection may not include both attorney fees and collection agency fees.

(Ord. 3797)

A majority of the electors voting thereon having approved, at the general election on November 2, 2021, the levying of an additional retailers’ sales tax in the amount of one half of one percent (.50%), to take effect on January 1, 2022, and to be levied for ten years until December 31, 2031, on retail sales consummated within the city of Osawatomie, in accordance with the provisions of K.S.A. 12-187 et seq., and amendments thereto.  Such tax shall be in addition to the one percent (1.25%) retailers’ sales tax currently levied in the City of Osawatomie, Kansas. 

The revenues derived from the additional retailers’ sales tax levied by this ordinance are hereby pledged for repairing, rebuilding, rehabilitating, upgrading and improving streets, sidewalks and all related street infrastructure and any short- or long-term financing required for such purposes.

The additional retailers’ sales 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 the additional City retailers’ sales tax insofar as such laws and regulations may be made applicable.  The services of the Kansas Department of Revenue shall be utilized to administer, enforce and collect such additional retailers’ sales tax.

(Ord. 3803)

A majority of the electors voting thereon having approved, at the general election on November 7, 2023, the levying of an additional retailers’ sales tax in the amount of one quarter of one percent (.25%), to take effect on January 1, 2027, and to be levied for ten (10) years until December 31, 2036, on retail sales consummated within the city of Osawatomie, in accordance with the provisions of K.S.A. 12-187 et seq., and amendments thereto.  Such tax shall be in addition to the one percent (1.0%) retailers’ sales tax currently levied in the City of Osawatomie, Kansas

(Ord. 3845)