A CHARTER ORDINANCE OF THE CITY OF NEWTON, KANSAS, AMENDING SECTION 2 OF CHARTER ORDINANCE NO. 35 WHICH EXEMPTED  THE CITY FROM THE PROVISIONS OF K.S.A. 13-1024a RELATING TO GENERAL IMPROVEMENTS AND THE ISSUANCE OF BONDS THEREFOR AND PROVIDED 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 Newton, 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. 13-1024a is part of an enactment of the Kansas Legislature (K.S.A. 13-1024a, et seq.) relating to general improvements and the issuance of bonds for such purposes, 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 heretofore passed Charter Ordinance No. 35 which exempts the City from the provisions of K.S.A. 13-1024a, and provides substitute and additional provisions therefor; and

WHEREAS, the governing body of the City desires, by charter ordinance, to amend Section 2 of Charter Ordinance No. 35.

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEWTON, KANSAS:

SECTION 1. Amendment. The City, by the power vested in it by the Act, hereby  elects to amend Section 2 of Charter Ordinance No. 35, which said Section 2 provided substitute and additional provisions in the place of the provisions of K.S.A. 13-1024a, from which the City was exempted by virtue of the provisions of Section 1 of Charter Ordinance No. 35, with said Section 2 thereof being hereby amended to read as follows:

       For the purpose of paying for any public improvement, including but not limited to, any bridge, viaduct, public building or airport, includ i ng the land necessary therefor, for lands for  publ ic  parks  and  developing  the  same,  within   or  without  the  City,  or  for  the i mprovement, repair or extension of any public utility, and for the purpose of rebuilding, adding to or extending to the same from time to time, as the necessities of the City may require, or for the acquisition of equipment, vehicles and other personal property to be used in relation to such public building, utility or other municipal functions of the city, the city may borrow money and issue its general obligation bonds to pay said costs.

SECTION 2. Severability. Any provision or section of this Charter Ordinance is deemed or rule unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or inval id ity 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.

SECTION 3. Repealer.  Section 2 of Charter Ordinance No. 35 of the City is hereby repealed as of the effective date of this Charter Ordinance.

(08-26-2006)