CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 8. REVENUE, FINANCE AND COMMUNITY DEVELOPMENT

(a)   In accordance with the provisions of K.S.A. Supp. 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 multi-year capital improvement plan.

(Ord. 250, Sec. 1; Code 1988)

It is the policy objective of the governing body that such fund shall be used primarily to provide 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. 

(Ord. 250, Sec. 2)

(a)   The city administrator 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. The implementation plan shall include information as to the feasibility of home rule action by the city to levy additional taxes or service charges, the revenue from which would be allocated to the capital improvements fund.

(b)   Beginning in 1986 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 (1) 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 (2) to set aside moneys to be annually reserved for future improvements, as provided in the capital improvements plan.

(Ord. 250, Sec. 3)

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. 250, Sec. 4)

In accordance with the provisions of K.S.A. 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 the various functions and services of the city. For the purposes of this section, the work equipment shall mean machinery, vehicles and other equipment or personal property which has an estimated future purchase price or replacement cost in excess of $3,000 and a life expectancy of not less than three years.

(Ord. 251, Sec. 1; Code 1988; Ord. 350; Code 2015)

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 annual approve in the future, the budgeting of current revenues sufficient to (a) 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. It is the planned intent of the Governing Body that the amount annually reserved shall not be less than the current use value of existing city equipment covered by the reserve fund.

(Ord. 251, Sec. 2; Ord. 350; Code 2015)

The City Administrator shall prepare a plan of operation for the implementation of this section and for the achievement of the policy objective of the Governing Body.

(Ord. 251, Sec. 3; Ord. 350; Code 2015)

Moneys in the equipment reserve fund shall be invested in accordance with the provisions of K.S.A. 10-131 and amendments thereto, with interest earnings credited to such fund.

(Ord. 251, Sec. 4; Ord. 350; Code 2015)

It is the purpose of this statement to set forth the public policies of the city relating to the investment of public moneys, and establish procedural requirements as to investment management practice. The objective of the investment policy and program of the city shall be as follows:

(a)   The safeguarding of all public moneys shall be of the highest priority. Public money shall not be invested or managed in any matter which would jeopardize the safety of the principal.

(b)   Consistent with the requirement of safety, the objective of the investment program shall be to aggressively manage and invest all public moneys to maximize net earnings, consistent with the public responsibility to secure maximum, safe investment return possible from moneys assigned to its stewardship, to relieve demands on the property tax and to otherwise reduce the cost of public services.

(Code 1988)

Temporarily idle moneys of the city not currently needed, may in accordance with the procedure hereinafter described be invested:

(a)   In temporary notes or no-fund warrants issued by such investing governmental unit;

(b)   In savings deposits, demand deposits, time deposits, open accounts, certificates of deposit or time certificates of deposit with maturities of not more than two years:

(1)   In banks, savings and loan associations and savings banks, which have main or branch offices located in such investing governmental unit; or

(2)   If no main or branch office of a bank, savings and loan association or savings bank is located in such investing governmental unit, then in banks, savings and loan associations and savings banks, which have main or branch offices in the county or counties in which all or part of such investing governmental unit is located;

(c)   In repurchase agreements with:

(1)   Banks, savings and loan associations and savings banks, which have main or branch offices located in such investing governmental unit, for direct obligations of, or obligations that are insured as to principal and interest by, the United States government or any agency thereof; or

(2)   If (A) no main or branch office of a bank, savings and loan association or savings bank, is located in such investing governmental unit; or (B) no such bank, savings and loan association or savings bank having a main or branch office located in such investing governmental unit is willing to enter into such an agreement with the investing governmental unit at an interest rate equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto, then such repurchase agreements may be entered into with banks, savings and loan associations or savings banks which have main or branch offices in the county or counties in which all or part of such investing governmental unit is located; or

(3)   If no bank, savings and loan association or savings bank, having a main or branch office in such county or counties is willing to enter into such an agreement with the investing governmental unit at an interest rate equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto, then such repurchase agreements may be entered into with banks, savings and loan associations or savings banks located within the State of Kansas;

(d)   In United States treasury bills or notes with maturities as the governing body shall determine, but not exceeding two years. Such investment transactions shall only be conducted with banks, savings and loan associations and savings banks; the federal reserve bank of Kansas City, Missouri; or with primary government securities dealers which report to the market report division of the federal reserve bank of New York, or any broker-dealer engaged in the business of selling government securities which is registered in compliance with the requirements of section 15 or 15C of the securities exchange act of 1934 and registered pursuant to K.S.A. 2005 Supp. 17-12a401, and amendments thereto;

(e)   In the municipal investment pool fund established in K.S.A. 12-1677a, and amendments thereto;

(f)   In the investments authorized and in accordance with the conditions prescribed in K.S.A. 12-1677b, and amendments thereto; or

(g)   In multiple municipal client investment pools managed by the trust departments of banks which have main or branch offices located in the county or counties where such investing governmental unit is located or with trust companies incorporated under the laws of this state which have contracted to provide trust services under the provisions of K.S.A. 9-2107, and amendments thereto, with banks which have main or branch offices located in the county or counties in which such investing governmental unit is located. Public moneys invested under this paragraph shall be secured in the same manner as provided for under K.S.A. 9- 1402, and amendments thereto. Pooled investments of public moneys made by trust departments under this paragraph shall be subject to the same terms, conditions and limitations as are applicable to the municipal investment pool established by K.S.A. 12-1677a, and amendments thereto.

(h)   In municipal bonds or other obligations issued by any municipality of the state of Kansas as defined in K.S.A. 10-1101, and amendments thereto, which are general obligations of the municipality issuing the same.

(i)    The investments authorized in subsections (d), (e), (f), (g) or (h) of this section shall be utilized only if the banks, savings and loan associations and savings banks eligible for investments authorized in subsection (b), cannot or will not make the investments authorized in subsection (b) available to the investing governmental unit at interest rates equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto.

(j)    In selecting a depository pursuant to subsection (b), if a bank, savings and loan association or savings bank eligible for an investment deposit thereunder has an office located in the investing governmental unit and such financial institution will make such deposits available to the investing governmental unit at interest rates equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto, and such financial institution otherwise qualifies for such deposit, the investing governmental unit shall select one or more of such eligible financial institutions for deposit of funds pursuant to this section. If no such financial institution qualifies for such deposits, the investing governmental unit shall select for such deposits one or more eligible banks, savings and loan associations or savings banks which have offices in the county or counties in which all or a part of such investing governmental unit is located which will make such deposits available to the investing governmental unit at interest rates equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto, and which otherwise qualify for such deposits.

(K.S.A 12-1675; Code 1988; Code 2015)

The city clerk shall periodically report to the governing body as to the amount of money available for investment and the period of time such amounts will be available for investment, and shall submit such recommendations as deemed necessary for the efficient and safe management of city finances. The recommendations of the city clerk shall provide for an investment program which shall so limit the amounts invested and shall schedule the maturities of investments so that the city will, at all times, have sufficient moneys available on demand deposit to assure prompt payment of all city obligations. 

(Code 1988)

Securities purchased pursuant to this article shall be under the care of the city administrator and the city clerk and shall be held in the custody of a state or national bank or trust company, or shall be kept by such officers in a safety deposit box of the city in a bank or trust company. Securities in the original or receipt form held in the custody of a bank or trust company shall be held in the name of the city, and their redemption, transfer, or withdrawal shall be permitted only upon the written instruction of the city officers. Securities not held in the custody of a bank or trust company shall be personally deposited by such officer in a safety deposit box in the name of the city in a bank or trust company, access to which shall be permitted only in the personal presence and under the signature of the city administrator and the city clerk. 

(Code 1988)

If, in order to maintain sufficient moneys on demand deposit in any fund as provided in section 1-811, it becomes necessary to transfer or sell any securities of such funds, the officers specified in section 1-812 may transfer said securities to any other fund or funds in which there are temporarily idle moneys, or shall sell such securities, and for such purpose they shall have authority to make any necessary written direction, endorsement or assignment for and on behalf of the city. 

(Code 1988)

The city clerk shall deposit the interest earned on invested idle funds to the appropriate fund, unless otherwise required or authorized by law. 

(Code 1988)

Ref.  See K.S.A. 12-1677, and amendments thereto.

(a)   There is hereby created and established a petty cash fund for the city in the amount of $520. A city check will be drawn on the appropriate funds to be used in increasing the petty cash fund.

(b)   The petty cash fund shall be deposited in a bank that is designated as a depository of city funds, and paid out by checks on the order of the city clerk.

(c)   The checks shall state clearly the purpose for issuance which shall be to pay postage, transportation charges, and emergency expenses including refund of deposits made to secure payment of accounts.

(d)   The payees of such checks shall certify thereon that such services were rendered, supplies furnished or refund received or a transaction otherwise made in accordance for which the check was written.

(e)   Whenever the petty cash fund becomes low or depleted, the city clerk shall prepare vouchers covering such expenses as have been paid from the petty cash fund, and shall submit the same to the governing body for audit and allowance of the amount from the regular city funds. Checks issued therefore shall be payable to the petty cash fund to its original amount, for use as herein provided.

(Ord. 238, Secs. 1:5)

(a)   A majority of the electors voting thereon having approved, at a special question election held on the 10th day of September, 2013, the levying of a retailers’ sales tax in the City of Kiowa, Kansas, as authorized by K.S.A. 12-187 et seq., as amended, there is hereby levied a city retailers’ sales tax in the amount of three fourths of one percent (.75%) to take effect on April 1, 2014, to provide for improvement, maintenance and repair of the public streets, sidewalks and utility services within the city.

(b)   Except as may be otherwise 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 retailers’ sales tax insofar as such laws and regulations may be applicable. The services of the Department of Revenue shall be utilized to administer, enforce and collect such tax.

(Ord. 409; Code 2015)

In accordance with the provisions of K.S.A. 12-110b, there is hereby established a public safety equipment fund, which shall be used by the city to finance the acquisition of equipment necessary for the performance of the public safety functions and services of the city. For the purposes of this section, the equipment shall mean machinery, vehicles and other equipment or personal property necessary for public safety purposes which has an estimated future purchase price or replacement cost in excess of $5,000 and a life expectancy of not less than three years.

(Ord. 351; Code 2015)

It is the policy objective of the Governing Body that such equipment 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 Public Safety Functions. It is the further intent of the Governing Body to annual approve in the future, the budgeting of current revenues sufficient to (a) 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.

(Ord. 351; Code 2015)

The City Administrator shall prepare a plan of operation for the implementation of these sections and for the achievement of the policy objective of the Governing Body.

(Ord. 351; Code 2015)

Moneys in the Public Safety Equipment fund shall be invested in accordance with the provisions of K.S.A. 10-131 and amendments thereto, with interest earnings credited to such fund.

(Ord. 351; Code 2015)

(a)   There is hereby established an additional fund of the City to be known as the “Consolidated Street and Highway Fund” for street and highway purposes as set out in K.S.A. 12-1,119 of the Kansas Statutes Annotated and as the same may be amended. The City may annually budget for and transfer monies from the General Fund and other operating funds of the City budgeted for the street and highway purposes to the fund herein created. Monies received pursuant to Subsection (b)(3) of K.S.A. 68-416 and amendments thereto and credited to the fund herein created shall be used solely for the maintenance of streets and highways.

(b)   All funds now held in the Special Highway Fund of the City shall be transferred to the Consolidated Street and Highway Fund herein created and upon such transfer, the Special Highway Fund shall be abolished.

(c)   Monies of this City which may be lawfully utilized for such purposes shall be credited to, expended from, budgeted and accounted for according to the provisions of K.S.A 12-1,119 and amendments thereto and all other applicable laws of Kansas relating thereto.

(Ord. 349; Code 2015)