A CHARTER ORDINANCE OF THE CITY OF NEWTON, KANSAS, EXCEPTING SUCH 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 adopting charter ordinances which exempt such cities from enactments of the Kansas Legislature; and
WHEREAS, the City of Newton, Kansas (the “City”) is a city, as defined in the Act, duly created and organized under the laws of the State of Kansas (the “State”); 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; 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 and facilities in the City and (b) an alternative method of authorizing the issuance of revenue bonds.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEWTON, 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 anyone or more of the purposes of acquiring fee simple title or a leasehold interest in one or more sites, and of constructing, reconstructing, equipping and furnishing, or purchasing or otherwise acquiring, one or more buildings or other facilities of any kind which are of a revenue producing character, including indoor and outdoor parking and recreational facilities, and including any type of equipment in relation to any of the foregoing. Any such sites, buildings, facilities or equipment shall be maintained and operated for any public purpose by any city, county or school district, by any federal governmental agency or instrumentality, by the State of Kansas or any agency or instrumentality thereof, by any other municipal or quasi-municipal corporation, political subdivision or body politic or agency or instrumentality thereof, or by any non-profit corporation organized under the laws of the State of Kansas.
(b) A public building commission created by the City may acquire fee simple title or a leasehold interest in land, buildings and facilities adjacent to or near any educational institution under the supervision and/or control of the state board of regents or may acquire by lease land, buildings and facilities constituting a part of the campus of any such institution. Any public building commission may construct, reconstruct, equip and furnish such buildings or facilities on such land and lease such land, buildings and facilities to the official governing body of such institution. Any such lease entered into shall pledge the net revenue from such land, buildings and facilities.
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 K.S.A. 12-1757, et seq., as amended by this Charter Ordinance. Before any revenue bonds are authorized or issued under the provisions of K.S.A. 12-1757, et seq., as amended by this Charter Ordinance, the public building commission shall adopt a resolution specifying the amount of such bonds and the purpose of the issuance thereof.
(b) The resolution adopted by such public building commission shall be published one time in the official City newspaper and, if the official City newspaper does not have a general circulation within a county or school district which proposes to enter into a lease with the public building commission, also a newspaper of general circulation within such county or school district. The resolution shall become effective upon such publication(s). The resolution may contain a provision that if within 30 days after the last required 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 proposed lease is with one or more of such entities, respectively, is filed with the election officer of Harvey County, Kansas, the public building commission shall not have the authority to issue such bonds until such question is submitted to the electors of The entity authorized to protest such resolution 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 the publication of the resolution adopted pursuant to subsection (a) hereof, or if such resolution contains a provision requiring a provision for protest, upon the expiration of the protest period or a successful election, if required, as provided under subsection (b) hereof.
Section 3. Severability. If 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 or section of this Charter Ordinance. In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision or section had not been contained herein.