Appendix A · Charter Ordinances

Charter Ordinance No. 16

A CHARTER ORDINANCE OF THE CITY OF OSAWATOMIE, KANSAS, EXEMPTING THE CITY FROM PROVISIONS OF K.S.A. 12-1758, K.S.A. 12-1760 AND K.S.A. 12-1767 RELATING TO PUBLIC BUILDING COMMISSIONS AND REVENUE BONDS 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 exempting such cities from certain acts of the Kansas Legislature and which may enact substitute or additional provisions on the same subject; and

WHEREAS, the City of Osawatomie, Kansas (the “City”) is a city as defined in the Act, duly created, organized and existing under the laws of the State of Kansas; and

WHEREAS, K.S.A. 12-1758, K.S.A. 12-1760 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 of revenue bonds by such commissions, 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, K.S.A. 12-1760 and K.S.A. 12-1767 identified in this ordinance, and provide substitute and additional provisions on the same subject in order to provide (a) additional and alternative methods for financing certain public facilities and 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 OSAWATOMIE, KANSAS AS FOLLOWS:

Section 1. Exemption from K.S.A. 12-1758 (a). The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to the City the provisions of K.S.A. 12-1758(a) 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, healthcare or recreational purposes of the city; (iii) educational, recreational or administrative purposes for school districts, community colleges, technical colleges or other public educational institutions; (iv) county courthouses, the housing and accommodation of county offices or county businesses or such other purposes as are commonly carried on in collection with such facilities and general county buildings; and (v) for housing, accommodations and parking facilities for offices of state and federal agencies.

Section 2. Exemption from K.S.A. 12-1760. The City, by the power vested in it by the Act, elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1760 and provide substitute and additional provisions in place thereof as follows:

A public building commission authorized under this Charter ordinance and K.S.A. 12-1757 et seq. shall have the power to do all things necessary or incidental to the purpose of constructing or acquiring or enlarging, furnishing and operating and maintaining buildings or facilities to be made available for use by governmental agencies and non-profit corporations organized under the laws of this state.

Section 3. Exemption from K.S.A. 12-1767. The City, by the power vested in it by the Act, elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1767 and provides 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 the county if the lease is with a county or school district. The resolution may provide, and shall provide, if the lease is with a county or school district, 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 five percent of the electors of the city or by not less than five percent of the electors of the county or school district if the lease is with such entity, is filed with the county election officer, the board of county commissioners shall submit the question to the voters at an election called for that purpose or at the next general election.

(c)No construction contract shall be let or approved by a public building commission until after publication of the resolution as provided in subsection (b) of this Section.

(04-25-2013)