Horton Passes Reform Ordinances; Building Permits, Cemetery Fees Affected.

FOR IMMEDIATE RELEASE:  March 3, 2008

CONTACT INFORMATION:

Levi Henry, City Administrator

Office Phone: (785) 486-2681

Facsimile:  (785) 486-2381

E-Mail:  levi.henry@hortonkansas.net

Horton, Kans.  The Horton City Commission on Monday evening (3/3), meeting at the new meeting time established by the recently adopted Ordinance No. 1079, considered and adopted six ordinances.  Those ordinances were:

• Charter Ordinance No. 20 amends the Kansas Legislature's enactment of the Public Building Commissions Act, which allows the use of Public Building Commissions (PBCs) to issue revenue bonds for the purpose of constructing facilities of necessary government operations, such as city halls, courthouses and jails.  The Kansas Constitution, art. 12, sec. 5, provides that legislative enactments shall trump municipal law unless the legislative enactment are not uniformly applied to all cities.  In the case of the Public Building Commissions Act, there are two sections of the enactment that are not uniform and the City of Horton may, therefore, 'charter-out' from the enactment of state law.  In the instance of the Charter Ordinance No. 20, the City of Horton is currently conducting research and preliminary planning for the construction of a new municipal swimming pool.  Preliminary financing for the project is in the form of a proposed fractional or whole one percent (1%) additional sales tax.  The City wishes to issue revenue bonds, in lieu of general obligation bonds that count against the total bonded indebtedness limits of the City, via the use of a PBC, which has the authority to issue such bonds, subject to a protest and, possibly, additional and unnecessary election for the construction of a new municipal swimming pool.  Therefore, the City has both (i) amended the purposes of a PBC under the state law; and (ii) removed the requirements of both a protest and unnecessary, additional election for the issuance of the revenue bonds to finance construction.  Charter Ordinance No. 20 will take effect 60-days after its second publication on Thursday, March 20, 2008.
  
• Ordinance No. 1080 amends the rates for codes compliance (building and zoning) permits from a $1.00 fee per $1,000 in estimated value of construction (adopted in 1967).  The new rates establish a minimum $25.00 permit fee and there is an escalating scale of permit fee associated with the increased amount of valued construction.  For more information regarding codes compliance in the City of Horton, please contact Codes Enforcement Officer Jimmy Stuart at jimmy.stuart@hortonkansas.net or by telephone at (785) 486-2681.
• Ordinance No. 1081 amends the fees charged by the city for new water tapping installations.  Previous to the passage of Ordinance No. 1081, these fees had not been amended since 1982.
• Ordinance No. 1082 amends the rates for the sale of grave spaces (singles), half-lots (four) and whole lots (eight).  The previous rates were $100 per space, $250 per half-lot and $400 per lot.  The amended rates provide that spaces are $250 per space, $800 per half-lot and $1,600 per entire lot.  Additionally, grave and headstone marking fees have been amended from $25.00 to $50.00, and grave opening fees have been amended from $200.00 to $250.00.  These rates are not believe to be adjust since 1988.
  
• Ordinance No. 1083 amends default state rule banning all-terrain vehicles (Senate Bill 8, 2007).  Because both the City and the Unified School District use all-terrain vehicles for the performance of noxious weed spraying, snow removal, construction site inspection and other uses necessary for the safe and efficient operations of the City and/or Unified School District.  All other individuals or organizations not authorized by Ordinance No. 1083 are prohibited from operating an all-terrain vehicle on the roads, streets and alleys of the City of Horton.  The fine set by Ordinance No. 1083 is a $500.00 fine and/or 30-days in jail.
  

Remaining under consideration for future action is Substitute to Ordinance No. 1081 (Newly Proposed Ordinance 1084), which will adopt in substantial form the International Building Code of 2006 as the official building code for the City of Horton, Kansas.

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