A CHARTER ORDINANCE
OF THE CITY OF WHITEWATER, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF
K.S.A. 12-1758 AND K.S.A. 12-1767 RELATING TO PUBLIC BUILDING COMMISSIONS AND
THE ISSUANCE OF REVENUE BONDS THEREBY AND PROVIDING SUBSTITUTE AND ADDITIONAL
PROVISIONS RELATING THERETO.
WHEREAS, Article 12,
Section 5 of the Constitution of the State of Kansas (the “Act”) provides that
cities may exercise certain home rule powers, including passing charter
ordinances which exempt such cities from the acts of the Kansas Legislature;
and
WHEREAS, the City of
Whitewater, Kansas (the “City”) is a city, as defined in the Act, duly created
and organized, under the laws of the State of Kansas; and
WHEREAS, K.S.A.
12-1758 and K.S.A. 12-1767 are a part of an enactment of the Kansas Legislature
(K.S.A. 12-1757 et seq.) relating to public building commissions and. the
issuance thereby of revenue bonds, which enactment is applicable to the City,
but is not uniformly applicable to all cities within the State of Kansas; and
WHEREAS, the
governing body of the City desires, by charter ordinance, to exempt the City
from the provisions of K.S.A. 12-1758 and K.S.A. 12-1767, and to provide
substitute and additional provisions therefor in order to provide (a)
additional and alternative methods for financing certain public buildings in
the City and (b) an exemption from a protest period relating to the
authorization of certain revenue bonds.
NOW, THEREFORE, BE IT
ORDAINED BY THE GOVERNING BODY OF THE CITY OF WHITEWATER, KANSAS AS FOLLOWS:
Section 1. Exemption-K.S.A. 12-1758. The City, by
the power vested in it by the Act, hereby elects to exempt itself from and make
inapplicable to it, the provisions of K.S.A. 12-1758 and does hereby provide
the following substitute and additional provisions in place thereof:
(a) The City, by appropriate ordinance, may
create a public building commission for the purposes of acquiring a site or
sites for and constructing, reconstructing, equipping and furnishing, or
purchasing or otherwise acquiring, a building or buildings or other facilities of
a revenue producing character. Such building or buildings or facilities shall
be maintained and operated for (i) City offices or such other purposes as are
commonly carried on in connection with such facilities and general City
buildings, (ii) public, municipal, community or recreational purposes of the
City, (iii) educational, recreational or administrative purposes for school
districts, (iv) health care and long-term care facilities of the City or of a
non-profit organization operating for such purposes in the City, (v) housing
and accommodation of county offices or county businesses or such other purposes
as are commonly carried on in connection with such facilities and general
county buildings and (vi) for housing, accommodations and parking facilities
for offices of state and federal agencies.
(b) A public building commission created by the
City may acquire land and facilities adjacent to or near any educational
institution under the supervision and control of the state board of regents or
may acquire by lease, land and facilities constituting a part of the campus of
any such institution. Any public building commission may construct,
reconstruct, equip and furnish such facilities on such land and lease such land
and facilities to the official governing body of such institution. Any such
lease entered into shall pledge the net revenue from such land and facilities.
The City also may pledge such funds as may be necessary from those which are
provided to be paid over to the board of trustees from the annual tax levy as
provided by K.S.A. 76-3a07, and amendments thereto. The governing body of the
City is hereby authorized to designate any surplus from such tax levy as may be
necessary to guarantee the rentals under any such lease, and the City is hereby
exempted from the provisions of K.S.A. 10-1101 to 10-1122, inclusive, and
79-2925, and amendments thereto, to the extent necessary to enable the City to
make a covenant to effect such guarantee.
Section 2. Exemption-K.S.A. 12-1767. The City, by
the power vested in it by the Act, hereby elects to exempt itself from and make
inapplicable to it the provisions of K.S.A. 12-1767 and does hereby provide
substitute and additional provisions in place thereof as follows:
(a) Any revenue bonds proposed to be issued by a
public building commission created by the City shall be issued as provided in
K.S.A. 10-1201 et seq. and amendments thereto, except to the extent that such
statutes are in conflict with this Charter Ordinance or K.S.A. 12-1757 et seq.
Before any revenue bonds are authorized or issued under the provisions of this
Charter Ordinance and K.S.A. 12-1757 et seq., the public building commission
shall adopt a resolution specifying the amount of such bonds and the purpose of
the issuance thereof.
(b) Such resolution shall be published once a
week for two consecutive weeks in the official City newspaper or in a newspaper
having general circulation in a county if the lease is with such county or a
school district in the county. The resolution may provide, and shall provide,
if the lease is with a county, school district or other political subdivision,
that if within 30 days after the last date of publication of the resolution a
petition in opposition to the resolution, signed by not less than 5% of the
electors of the City or by not less than 5% of the electors of the county,
school district or other political subdivision, if the lease is with such
entity, is filed with the county election officer, the governing body of the
City, the board of county commissioners or the governing body of the school
district, as applicable, shall submit the question to the voters at an election
called for that purpose or at the next general election.
(c) No construction or acquisition contract shall
be let or approved by a public building commission until after the expiration
of the protest period provided under this section, provided that, with respect
to revenue bonds authorized by a resolution not subject to the protest
provisions described in subsection (b) of this Section, the public building
commission may let or approve a construction or acquisition contract upon
completion of the publications required by such subsection (b).
Section 3. Severability. Any provision or section
of this Charter Ordinance is deemed or ruled unconstitutional or otherwise
illegal or invalid by any court of competent jurisdiction, such illegality or
invalidity shall not affect any other provision of this Charter Ordinance. In
such instance, this Charter Ordinance shall be construed and enforced as if
such illegal or invalid provision had not been contained herein.
(02-23-2009)