[Download] "City of Wichita v. Kansas Taxpayers Network" by Supreme Court of Kansas * eBook PDF Kindle ePub Free

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eBook details

• Title: City of Wichita v. Kansas Taxpayers Network
• Author : Supreme Court of Kansas
• Release Date : January 27, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

The opinion of the court was delivered by The City of Wichita (City) enacted Charter Ordinance 147 under
its home rule powers. The Charter Ordinance exempted the City
from the provisions of the Kansas Water Pollution Act, K.S.A.
12-3101 et seq. Based upon Charter Ordinance 147, the City
adopted Ordinance 41-948, which established a storm water utility
system for the City. Kansas Taxpayers Network, Inc., and Karl
Peterjohn (Taxpayers) through initiative and referendum authority
of K.S.A. 12-3013 attempted to repeal Ordinance 41-948.
Ultimately, in response to a declaratory judgment action filed by
the City, the trial court ruled that (1) Ordinance 41-948 was
administrative in nature and therefore outside the scope of the
initiative processes of K.S.A. 12-3013 and (2) the enactment of
Charter Ordinance 147 was a proper exercise of the City's home
rule powers. These two conclusions have been preserved by the
Taxpayers as the questions to be resolved on appeal. The Kansas Water Pollution Act addresses the powers of
municipalities with respect to the development, maintenance, and
operation of sewer systems. The City adopted Charter Ordinance
147, which modified and supplemented the provisions of the Kansas
Water Pollution Act in several respects. The Charter Ordinance
provides that it is:

"A charter ordinance exempting the City of Wichita,
Kansas from the provisions of the Water Pollution
Act, K.S.A. 12-3101 through K.S.A. 12-3107, and
providing substitute and additional provisions
relating to the establishment, operation and
maintenance of sewer systems and to the issuance of
bonds for the purpose of paying for the grounds and
improvements necessary for the operation of such
systems; and repealing charter ordinance No. 145 of
the City of Wichita."

Charter Ordinance 147 expanded the definition of "sewer" and
"sewer system"; it set out the authority to establish sewer
service charges. It exempted the City from the requirement that
the issuance
[255 Kan. 536]

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