CHAPTER 1. ADMINISTRATIONCHAPTER 1. ADMINISTRATION\Article 8. Revenue, Finance & Community Development

(a)   Fund established. 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 article, the word equipment shall mean machinery, vehicles and other equipment or personal property which has an estimated future purchase or replacement costs in excess of $5,000 and a life expectancy of not less than three 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.

(c)   Plan of operation.

(1)   The city superintendent shall prepare a plan of operation for the implementation of this article and for the achievement of the policy objectives of the governing body.

(2)   In the year 1990, the city superintendent shall include in the proposed budget for 1991 an amount sufficient to cover the necessary 1991 equipment acquisition costs, plus an amount deemed necessary to be added to the reserve fund.

(3)   Beginning in 1991, the city superintendent shall annually submit, at the same time the proposed annual budget is submitted, a proposed 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 a set forth in the annually revised and extended equipment acquisition program.

(d)   Investing. Money in the equipment reserve fund shall be invested in accordance with the provisions of K.S.A. 10-131 and amendments thereto.

(Ord. 843-A; Code 2015)

The city treasurer shall create a Capital Improvement Fund pursuant to K.S.A. 12-6a16 and make all deposits and expenditure therefrom as may be authorized by law and the city council. 

(Ord. 878; Code 2015)

(a)   The following are designated as main trafficways of the city pursuant to K.S.A. 12-685 et seq.

(1)   First Avenue (commonly known as First Street) from the east limit of the city to the west limit of the city

(2)   West Street from the south limit of the city to the north limit of the city

(3)   Fourth Avenue (commonly known as Fourth Street) between Highway U.S. 281 and Main Street

(4)   Main Street from the north limit of the city to the Santa Fe right-of-way

(5)   Broadway Street between Lamoreaux Avenue (commonly known as Lamoreaux Street) and Ninth Street

(6)   Lamoreaux Avenue (commonly known as Lamoreaux Street) between Broadway Street and West Street

(7)   Third Avenue (commonly known as Third Street) between Main Street and Broadway Street

(K.S.A. 12-685; Ord. 837; Code 2006, 14-202; Code 2015)

(a)   The City of St. John, Kansas (herein after “City”), by the power vested in it by K.S.A. 12-5901, et seq., hereby establishes a city land bank.  The land bank will be the centralized point of contact for individuals and developers interested in acquiring developable vacant and abandoned land within the City of St. John, Kansas.  The land bank will be guided in its affairs by a board of trustees.

(b)   Membership.

(1)   Membership of the land bank board of trustees for the City Land Bank of St. John, Kansas shall be amended to consist of six (6) members comprised of the following:

(A)  The Mayor of St. John, Kansas;

(B)  Two members of the City Council of St. John, Kansas selected by the Governing Body of St. John, Kansas annually at the Governing Body’s first meeting of the calendar year; and

(C)  Three appointed members of the public, appointed by the Mayor with the consent of the City Council of St. John, Kansas at the Governing Body’s first meeting of the calendar year.  Appointed members shall serve two-year terms and shall be initially appointed as follows:

(i)    Appointed Member Position 1. Appointed at the first meeting of the Governing Body in the 2021 calendar year to serve an initial one-year term.

(ii)   Appointed Member Position 2.  Appointed at the first meeting of the Governing Body in the 2021 calendar year to serve an initial two-year term.

(iii)  Appointed Member Position 3.  Appointed at the first meeting of the Governing Body in the 2021 calendar year to serve an initial two-year term.

(2)   President of the land bank board of trustees. The land bank board of trustees shall annually choose a President from the members of the board of trustees to preside over meetings and to serve as a liaison to the Governing Body of St. John, Kansas.  The trustees shall choose a President at their first meeting of the City Land Bank of St. John, Kansas in each calendar year but no later than January 31.

(c)   The land bank staff shall consist of the administrative staff of the City of St. John, Kansas.

(d)   CASH BASIS.  The bank shall be subject to the provisions of the cash-basis law, K.S.A. et seq., and amendments thereto, as provided in K.S.A. 12-5903 (a).

(e)   BUDGET.  The budget of the bank shall be prepared, adopted and published as provided by law for other political subdivisions of the state.  No budget shall be adopted by the board until it has been submitted to, reviewed and approved by the Governing Body of the City of St. John.

(f)   For any property acquired by the land bank, the trustees shall:  (1) manage, maintain and protect the same; (2) compile and maintain a written inventory of such property; (3) study, analyze and evaluate potential, present and future uses for such property which would provide for its effective re-utilization; (4) plan for and use the board’s best efforts to consummate the sale or other disposition of such property upon such terms and conditions deemed appropriate; (5) establish and maintain records and accounts reflecting all transactions, expenditures and revenues relating to the banks activities; and (6) develop such policies and procedures as the board determines reasonable and necessary to effectuate the purposes of the land bank.

(g)   Property available for inclusion in the land bank shall include, but not be limited to:  (1) parcels of tax delinquent property foreclosed on by the county of Stafford pursuant to K.S.A. 79-2401, et seq. and requested by the land bank board of trustees pursuant to its authority under K.S.A. 12-5901, et seq.  (Only property that has the potential for development within a reasonable period of time and has been accepted by the land bank board of trustees will be identified for inclusion in the land bank); (2) property currently held in the name of the City of St. John, Kansas; (3) parcels of property donated by other governmental entities; (4) property purchased by the land bank board of trustees to compliment properties previously identified to the land bank through other means; and (5) property offered to and accepted by the land bank.

(h)   The land bank board of trustees may offer such incentives as it deems appropriate to encourage the development of land bank property.

(i)    The land bank staff shall consult with any individuals, organizations and developers which may be affected by a land bank development project and pass on to the land bank board of trustees the recommendations and concerns of individuals, organizations and developers. Proposals will be reviewed by the land bank staff and forwarded to the land bank board of trustees along with recommendations and or concerns of affected individuals, organizations and developers.

(j)    The governing body of the City of St. John, Kansas may advance operating funds to the land bank to pay expenses of the board of trustees and the land bank.

(k)   The land bank is required to make an annual report to the governing body of the City of St. John, Kansas, on or before January 31 of each year, showing receipts and disbursements from all funds under its control.

(l)    Any money derived from the sale of property by the land bank shall be retained by the land bank.  Any funds not immediately required for the purposes of the land bank shall be invested in the manner provided by K.S.A. 12-1675, and amendments thereto.

(m)  Members of the board of trustees shall receive no compensation, but shall be paid their actual expenses in attending meetings and carrying out their duties as members of the board of trustees.

(K.S.A. 12-5901 et seq.; Ord. 1028; Code 2015; Ord. 1078)

(a)   A majority of the electors voting thereon having approved, at a special question election held on August 2, 2016, the levying of a retailer’s sales tax in the City of St. John, for the purposes of funding general services of the city, including but not limited to economic development projects and city infrastructure, as authorized by K.SA 12-187 et seq., and amendments thereto, there is hereby levied a city retailer’s sales tax in the amount of one percent (1.0%), to take effect on the 1st day of January, 2017.

(b)   Except as otherwise be provided by law, such tax shall be identical in its application and exemptions therefrom to the Kansas Retailer’s 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 retailer’s 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 tax.. 

(Ord. 1039)

(a)   The customer of a delinquent utility account turned over to a third party collection agency or collection attorney for the purpose of collection of the outstanding balance on the account shall be responsible for any and all charges related to the reasonable costs of collection paid by the City to the third party collection agency or collection attorney, in addition to the outstanding fees, costs and/ or assessments owed on the account for water, trash, electricity, sewer and/or other utility services.  The costs of collection shall be deemed an administrative fee to pay the actual costs of collection made necessary by the customer’s failure to pay the outstanding balance on the utility account.

(b)   Any defendant assessed fees, fines, and/or restitution by the St. John, Kansas Municipal Court shall be responsible for any and all charges related to the reasonable costs of collection of said fees, fines, restitution and/or debts owed to the municipal court as additional court costs where the defendant fails to pay any amount ordered by the municipal court and the court utilizes the services of a third party collection agency or collection attorney.  The costs of collection shall be deemed an administrative fee to pay the actual costs of collection made necessary by the defendant’s failure to pay the court debt and restitution.

(c)   For purposes of this section, the following terms shall apply:

(1)   Costs of collection means the fee specified in contracts with third party agencies to be paid to or retained by a contracting agent for collection services and shall not exceed 33% of the amount collected.  The costs of collection shall be paid from the amount collected, but shall not be deducted from the debts owed to municipal courts or restitution.  Costs of collection also includes court costs and filing fees.

(2)   Debts owed to municipal courts means any assessment of court costs, fines, fees, money expended by the city in providing counsel and other defense services to indigent defendants or other charges which a municipal court judge has ordered to be paid to the court, and which remain unpaid in whole or in party, and includes any interest or penalties on such unpaid amounts as provide din the judgment or by law. Debts owed to municipal courts also includes the costs of collection when collection serves of a contracting agent hereunder are utilized.

(Ord. 1054)