A CHARTER ORDINANCE OF THE CITY OF HOISINGTON, KANSAS AMENDING AND REPEALING CHARTER ORDINANCE NO. 15, WHICH EXEMPTS THE CITY FROM THE PROVISIONS OF K.S.A. 12-1760 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 Hoisington, 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. 12-1760 and K.S.A. 12-1767 (jointly, the “Existing Statute”) 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 has previously passed Charter Ordinance No. 15, which modified the Existing Statute and provided substitute and additional provisions therefor; and
WHEREAS, the governing body desires, by charter ordinance to exempt the City from the provisions of the Existing Statute, to amend and repeal Charter Ordinance No. 15 and to provide substitute and additional provisions therefor.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HOISINGTON, KANSAS AS FOLLOWS:
Section 1. Exemption-K.S.A. 12-1760. 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. 12-1760, as amended by Charter Ordinance No. 15, and does hereby provide substitute and additional provisions in place thereof as follows:
A public building commission authorized under this Charter Ordinance, Charter Ordinance No. 10 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 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, as amended by Charter Ordinance No. 15, 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, Charter Ordinance No. 10 or K.S.A. 12-1757 et seq. Before any revenue bonds are authorized or issued under the provisions of this Charter Ordinance, Charter Ordinance No. 10 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 5% of the electors of the City or by not less than 5% 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) Notwithstanding subsection (b) of this section, if a public building commission created by the City adopts a resolution that authorizes the issuance of revenue bonds in an amount not exceeding $15,000,000 to finance improvements to hospital and health care facilities in the City, such resolution and such bonds shall be subject to the publication and protest requirements of subsection (b) of this section, unless such resolution is adopted by the public building commission on or before December 31, 2023, in which case such protest provisions shall not apply.
(d) 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.
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.
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Section 5. Repealer. Upon the effective date of this Charter Ordinance, the provisions of Charter Ordinance No. 15 of the City shall be repealed and have no further force and effect..
(05-11-2020)