(a)   Fund established. In accordance with the provisions of K.S.A. 12-1,118 et seq., 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.

(Prior Code § 1-701)

(b)   Use of moneys. In addition to providing a financing mechanism for paying capital improvements costs, such fund may also be used to pay for 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.

(Prior Code § 1-702; Ord. 641)

In accordance with the provisions of K.S.A. 12-1,117 et seq., there is hereby established a Municipal Equipment Reserve Fund which shall be used by the city to finance the acquisition of equipment, including machinery, vehicles and other personal property, necessary for the future operation of the city.

(Prior Code § 1-801; Ord. 642)

In accordance with the provisions of K.S.A. 12-2615, there is hereby established a Risk Management Reserve Fund which shall be used by the city as a basis for the development of a risk management program. The fund will be used to pay deductibles on insurance claims, litigation and legal defense expenses on claims, the costs of insurance and the costs of processing claims.

(Prior Code § 1-901; Ord. 643)

(a)   Set-off If any individual or entity (debtor) owes the city any amount of money and if the city owes that same individual or entity (debtor) any amount of money, the City Clerk is hereby directed to set-off said amounts. This collection remedy is in addition to and not in substitution for any other remedy available by law. Earnings shall be subject to this procedure, but shall be subject to the same dollar limitations and dollar restrictions as are provided by law for wage garnishments.

(b)   Procedure. Once this set-off procedure bas occurred the City Clerk shall give the following notification to the debtor in writing, either by personal delivery to the debtor or by restricted mail, return receipt requested. The notice shall include:

(1)   A demand for payment of the debt and a brief explanation of the legal basis of the debt;

(2)   A statement of the county’s intention to set-off the debt due against the debtor’s earnings, refund or other payment due to the debtor from the city;

(3)   The right of the debtor to request in writing a hearing to contest the validity of the claim. Such request for a bearing must be made within 15 days of personal notice to the debtor where the notice was not given by mail or within 15 days of the mailing of notice to the debtor;

(4)   A statement that a hearing may be requested by making a written request therefor to the City Clerk; and

(5)   The fact that failure to request a hearing within the 15-day period will be deemed a waiver of the opportunity to contest the claim, causing final set-off by default.

(c)   Hearing. Upon the request of the debtor for a hearing, a hearing officer will be appointed by the City Clerk. The hearing officer shall hold a hearing to determine whether the debt claim is valid and will issue their written findings. The debtor will be notified by mail of the decision. If the debtor is aggrieved by the hearing officer’s decision, the debtor may appeal to the district court. All proceedings shall be stayed pending the outcome of same.

(d)   Usage. In the event that one set-off does not completely pay off the debt owed to the county, this same set-off procedure may be followed as many times as are necessary to collect the full amount of the county’s debt.

(Prior Code § 1-1201:1204; Ord. 789)