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)