For the purpose of maintaining the infrastructure, providing for city recreation, and for establishing a fund for matching grants and project enhancements in and for the City of Council Grove, as authorized by K.S.A 12-187 et seq., and amendments thereto, there is hereby levied a city retailers’ sales tax in the amount of one percent (1%), to take effect on October 1, 2003.

(Ord. 1912; Code 2019)

The levy and imposition of a seven-tenths of one percent (0.7%) City-wide retailers’ sales tax and application of the revenue received therefrom to pay the costs of a City swimming pool project, as well as other general governmental purposes as may be in the best interest of the City, are hereby authorized and directed, with collection of the sales tax to commence on January 1, 2013.

(Ord. 2107; Code 2019)

The City of Council Grove does hereby opt to participate in the Morris County Neighborhood Revitalization Plan.

(Ord. 2184; Code 2019)

(a)   Pursuant to provisions of K.S.A. 12-1757 et seq., as amended and supplemented (the “Act”), the Governing Body of the City of Council Grove, Kansas, hereby creates the Council Grove Public Building Commission (the “PBC”) for the purposes of acquiring a site or sites within Morris County, Kansas (the “County”) for construction, reconstruction, equipping and furnishing a building or buildings or other facilities of a revenue producing character, including parking facilities, and for purchasing or otherwise acquiring such building or buildings or facilities. Such building or buildings or other facilities shall be maintained and operated for the affairs and activities of any federal, state, city, school district or county governmental agency, or any municipal corporation, quasi-municipal corporation, political subdivision or body politic, or agency thereof, doing business, maintaining an office or rendering a public service within the County. Without in any way limiting the generality or scope of the foregoing, such buildings or facilities may specifically include buildings or other facilities, such as libraries, facilities of a recreational nature located or to be located within the County, including, but not limited to, swimming pools, amphitheaters, gazebos, band stands, athletic fields and shelter houses.

(b)   The PBC shall have all powers of said commission authorized by the Act and more specifically, K.S.A. 12-1760, which powers includes the power to do all things necessary or incidental to the purpose of acquiring, purchasing, constructing, reconstructing, furnishing, equipping, operating and maintaining revenue producing buildings or facilities as provided herein, including but not limited to a swimming pool facility to be leased to the City.

(c)   The PBC herein created shall consist of no fewer than three (3) nor more than nine (9) members (the “Members”), which Members shall be approved by the Governing Body of the City by resolution. The Members shall be the Mayor and/or Council members of the City of Council Grove, Kansas. The Members shall serve for a term co-terminus with their term as Mayor and/or Council members, respectively. In the event that the PBC provides buildings or structures that are leased to governmental entities other than the City, the composition of the PBC shall be modified by subsequent ordinance of the City to conform to the requirements of the Act.

(d)   The PBC herein created and the Governing Body of the City of Council Grove, Kansas, shall negotiate leases of the facilities, including a swimming pool and appurtenances thereto to be acquired or constructed under the authority granted to the PBC pursuant to the Act. Upon completion of said negotiations, the PBC may issue revenue bonds of the commission to provide funds for the purpose of acquiring, purchasing, constructing, reconstructing, erecting, equipping, repairing, maintaining and operating the facilities, including a swimming pool facility and appurtenances thereto and to acquire sites necessary and convenient therefor and to pay all costs and expenses incident thereto, or to refund its outstanding bonds through the issuance of refunding bonds in the manner prescribed by and, except as otherwise herein provided, subject to the provisions of K.S.A. 10-116a. Except as otherwise provided by K.S.A. 10-116a, as amended, such revenue bonds shall be payable solely from the rents and revenues to be derived from the operation, management and use of the facilities, including a swimming pool and appurtenances thereto acquired by the commission.

(e)   The PBC herein created shall have no power to levy taxes, and bonds issued by the PBC shall not constitute a debt of the PBC or of any public body within the meaning of any statutory or constitutional limitation as to debt, all as set forth in the Act and more specifically, K.S.A. 12-1761, as amended and supplemented.

(f)   The PBC hereby created shall be authorized to establish and fix rates, rentals, fees and charges for the use of the facilities, including a swimming pool and appurtenances thereto, sufficient at all times to pay maintenance and operation costs of such facility, the principal and the interest on the bonds issued by the commission as the same become due and payable and to make all payments to any accounts created by any bond resolution.

(g)   The PBC shall have the authority to rent all or any part of the facilities, including swimming pool and appurtenances thereto to the City of Council Grove, Kansas, a municipal corporation, all as set forth in the Act and more specifically, K.S.A. 12-1763, as amended.

(h)   The PBC created herein shall have the power to have all things necessary or incidental to the purpose of acquiring, purchasing, constructing, reconstructing, equipping and/or furnishing and operating and maintaining buildings and other facilities to be made available to any federal, state, city, school district or county governmental agency, or any municipal corporation, quasi-municipal corporation, political subdivision or body politic, or agency thereof, doing business, maintaining an office or rendering a public service within the County. The PBC shall have all powers authorized by law pursuant to the Act, including the power and authority to issue revenue bonds.

(Ord. 2101; Code 2019)

(a)   The purpose of the City’s New House Incentive Program is for long term growth and enhancement of the City’s tax base.

(b)   The governing body hereby authorizes the payment of the incentive fee and rebate of the City’s portion of property tax assessments for all construction following the guidelines of the new house incentive program. Such incentive fee and rebate shall be paid from the funds generated from the City’s most recent one cent sales tax increase.

(c)   The entire City of Council Grove, Kansas is available for the property tax rebate. This includes the current boundaries plus any property which may be annexed into the city limits while the City New House Incentive Program is in effect.

(Ord. 2011; Code 2019)

The following are designated as main trafficways of the city pursuant to K.S.A. 12-685 et seq. for purposes of bond financing certain improvements:

(a)   Main Street from the west line of Belfry Street east to the Neosho River in the city is hereby declared to be a main trafficway.

(b)   North Neosho Street from the north line of Main Street north to the alley in Blocks 7 and 8, Original Town in the city is hereby declared to be a main trafficway.

(c)   South Wood Street from the south line of Main Street to the north line of Hockaday Street in the city is hereby declared to be a main trafficway.

(d)   Valley Street from the city limits to the city limits, all in the city hereby declared to be a main trafficway

(Ord. 1496, Secs. 1:3; Ord. 1605, Sec. 1; Code 1996, 15-201; Code 2019)

(a)   In accordance with the provisions of K.S.A Supp. 12-1,117 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 all functions and services of the city except for general administration. For the purpose of this section, the word equipment shall mean machinery, vehicles and other equipment or personal property which has an estimated future purchase or replacement cost in excess of $2,000 and a life expectancy of not less than three years.

(b)   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 (1) to finance the acquisition of new equipment needed in the following year, and (2) to finance needed future replacements and acquisitions by setting aside a reserve amount. It is the planned intent of the governing body that the amount annually reserved shall be not less than the current use value of existing city equipment covered by the reserve fund.

(c)   Plan of operation.

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

(2)   The city administrator shall annually submit, at the same time the proposed annual budget is submitted, a proposed equipment acquisition program for each of the following years. The proposed budget shall include an amount sufficient to finance proposed equipment acquisitions for the following year, plus an amount to be reserved as set forth in the annually revised and extended equipment acquisitions program.

(Ord. 1687)

(a)   In accordance with the provisions of K.S.A. 12-1,118, there is hereby established a capital improvements fund, which shall be used by the city to finance, in whole or in part, any public improvement need set forth in the city’s capital improvement plan.

(b)   It is the policy objective of the governing body that such fund shall be used to finance in whole or in part, any public improvement need set forth in the adopted capital improvement plan, and as a financing mechanism for the repair, restoration and rehabilitation of existing public facilities. Further, it is the intent of the governing body to utilize current revenues to be credited to the fund, to the maximum extent possible to meet the city’s present and future public infrastructure needs and to avoid the costs of unnecessary indebtedness.

(c)   Moneys in such fund may be used to pay the cost of engineering and other advanced public improvement plans and studies, with the fund periodically reimbursed from bond proceeds, special assessments or state or federal aid that may be available for the completed project. No expenditures for such purposes shall be made except on a finding of the governing body of its probable intent to proceed with the improvement following such engineering or advanced study.

(d)   Plan of operation.

(1)   The city administration shall submit to the governing body a plan of operation for the implementation of this article. Such plan shall provide that the annual, revised and adopted capital improvements plan of the city identify those improvements to be financed from the fund during the following year.

(2)   The city administrator shall annually submit, at the same time and as a part of the annual operating budget, such proposed revenue allocations and budget transfers as may be necessary (A) to finance those improvements scheduled for completion next year, the cost of which is to be credited to the fund, as provided by the capital improvements plan, and (B) to set aside moneys to be annually reserved for future improvements, as provided in the capital improvements plans.

(e)   Moneys in the capital improvements fund shall be invested in accordance with the provisions of K.S.A. 10-131 and amendments thereto, with interest thereon credited to such fund.

(Ord. 1707)

There is hereby established a policy relating to procurement concerning small purchases, competitive sealed bids, competitive negotiations and noncompetitive negotiations, as follows:

(a)   Small Purchases

Small Purchases concern a relatively simple and informal method used where goods or services do not cost in the aggregate of more than $25,000.

(1)   Price or rate quotations should be obtained in writing from an adequate number of qualified sources (generally at least three sources). Written specifications should be provided to assure all responders are bidding on the same product or service. If the dollar amount is less than $500, phone solicitation is allowed. A public bid opening may be held on a small purchase, i.e., housing rehabilitation, if the situation warrants it.

(2)   Documentation regarding the businesses contacted and the prices submitted should be maintained.

(3)   Written documentation regarding basis for selection and cost should be maintained.

(4)   Preparation and signing of a contract formalizing a scope of work and the terms of compensation is required for all construction contracts over $2,000.

(b)   Competitive Scaled Bids

Competitive sealed bids are initiated by publishing an Invitation for Bids (IFB) when the cost is estimated to be over $25,000. Adequate time should be allowed for preparation of bids.

(1)   Detailed specifications for the goods or services to be procured must be prepared. The primary basis for award is cost. '

(2)   All bids received must be tabulated and reviewed according to the written criteria given to prospective bidders. ·

(3)   The contract awarded must be a firm, fixed-price contract (lump sum or unit price). The negotiations with the low bidder are not allowable under the COBO programs. (This has always been the CDBG policy.)

(4)   Preparation and signing of a contract formalizing a scope of work and the terms of compensation is required, after confirming the contractor is not on the Federal debarred list (see Labor Standards Section).

(5)   All unsuccessful bidders must be notified in writing.

(c)   Competitive Negotiations

Competitive negotiations are initiated by making public a Request for Proposals (RFP) or a Request for Qualifications (RFQ). Although newspaper publication is not required, it may be used if an adequate number of service providers are available in the circulation' a1'ea. At a minimum, all qualified firms should be notified. The RFP is used when price is a factor in selection; the RFQ is used when price is considered after selection (this is usually applicable only for architectural and engineering services).

(1)   In both the RFP and RFQ, the services to be procured are clearly defined, as are the factors to be used in evaluation and selection. A written basis of selection must be prepared.

(2)   All proposals received are to be reviewed according to the written criteria given to prospective bidders and the review should be in writing, i.e., basis of selection must be documented.

(3)   For RFQ's, an invitation is made to one or more respondents to negotiate a price or fee.

(4)   Preparation and signing of a contract formalizing a scope of work and the terms of compensation is required.

(5)   All unsuccessful bidders must be notified in writing.

(d)   Non-Competitive Negotiations

Non-competitive negotiations can be used only when (1) the use of competitive negotiations is not feasible, such as only one supplier, (2) there is some public emergency or (3) the results of the competitive negotiations are inadequate.

(1)   Negotiations are conducted with the selected company regarding a scope of work and price.

(2)   Preparation and signing of a contract formalizing a scope of work and the terms of compensation is required.

(Ord. 2245)