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Council approves ordinance to place unpaid utility charges as property liens; debate over fairness to small account holders
Summary
An ordinance imposing real‑estate liens under KSA 12‑8‑0‑8 for unpaid utility services was approved after staff reported 94 properties totaling just over $86,000 remain on the list; council members and public commenters raised equity concerns about waiving liabilities for larger developers.
The governing body adopted an ordinance authorizing the placement of real-estate liens under KSA 12‑8‑0‑8 on properties with unpaid utility charges. Nicole Malat, the deputy utilities director, told council the revised ordinance list contained 94 properties with a combined balance just over $86,000 and that staff would continue to accept payments or arrangements through noon on Tuesday, Sept. 30, to remove properties from the list before it is transmitted to the county.
Council discussion highlighted concerns about equity. Several councilmembers and public commenters contrasted enforcement of small account liens with recent negotiations and waivers given to larger developers on taxes and assessments. Councilwoman Badri said she could not support the measure because constituents had raised concerns about perceived inequity when high-value developers received discounts. Deputy Director Davis clarified that roughly 80% of accounts on the list were outside city limits and related primarily to wastewater and stormwater accounts.
Despite objections, the council moved and seconded the ordinance and approved it; the clerk recorded 7 yes votes with Councilmembers Valdivia Alcala, Akala, Banks, and Duncan voting no. Staff reiterated that appropriate payment plans could remove properties from the submission before the county deadline.
