A CHARTER ORDINANCE EXEMPTING THE CITY OF CARBONDALE, KANSAS FROM THE PROVISIONS OF K.S.A. 12-1758, AS AMENDED AND SUPPLEMENTED, AND PROVIDING FOR SUBSTITUTE PROVISIONS OF THE SAME SUBJECT RELATING TO PUBLIC BUILDING COMMISSIONS.

Section 1. Election to Exempt From Certain Statutes. The City of Carbondale, Kansas (the “City”), pursuant to Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1758, as amended and supplemented, and to provide such substitute provisions as hereinafter set forth in this Charter Ordinance. Such statute is applicable to the City, but is part of an enactment which is not uniformly applicable to all cities.

Section 2.  Purpose and Function of the Public Building Commission.  The City may create a public building commission (the “Commission”) for the purpose of acquiring a site or sites within Osage County, Kansas (the “County”) for construction, reconstruction, equipping and furnishing a building or buildings or other facilities of a revenue producing character, including parking facilities, and for purchasing or otherwise acquiring such building or buildings or facilities.  Such building or buildings or other facilities shall be maintained and operated for the affairs and activities of any federal, state, city, school district or county governmental agency, or any municipal corporation, quasi-municipal corporation, political subdivision or body politic, or agency thereof, doing business, maintaining an office or rendering a public service within the County.  Without in any way limiting the generality or scope of the foregoing, such buildings or facilities may specifically include buildings or other facilities of a recreational nature located or to be located within the County, including, but not limited to, swimming pools, amphitheaters, gazebos, band stands, athletic fields, shelter houses and recreational centers.

(05-05-2008)