A CHARTER ORDINANCE EXEMPTING THE CITY OF WAKEFIELD, KANSAS, FROM THE PROVISIONS OF SENATE BILL NO. 328, ENACTED BY THE 2004 KANSAS LEGISLATURE, WHICH AMENDED K.S.A. 12-631K and K.S.A 12-860, THEREBY IMPOSING LANDLORD LIABILITY FOR THE UNPAID WATER AND SEWER USER CHARGES CONTRACTED FOR BY THE LANDLORD’S TENANT.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WAKEFIELD, KANSAS:
Section 1. That
the City of Wakefield, Kansas, under the authority of Article 12, Section 5 of
the Constitution of the State of Kansas, hereby elects to exempt itself from
and make inapplicable to it, those portions of Senate Bill 328, enacted by the
2004 Session of the Kansas Legislature, which prohibit the city from holding
landlords and lessors liable for the delinquent and unpaid water and sewer user
charges and fees contracted for by tenants of the real estate owned by said
landlords and lessors. This action is based on the finding that provisions of
said legislation do not apply uniformly to all cities. If water service is
hereafter terminated due to unpaid charges by a tenant, the landlord of said
tenant shall remain liable for the payment of the account and must satisfy said
account for restoration of such service.
(2005-01-03; Voided by K.S.A. 12-808c)