HomeMy Public PortalAboutOrd 382 Public Building Comm.
Gilmore & Bell, p,c.
11/13/2002
(Published in The Sedgwick County Post on November..2/, 2002)
ORDINANCE NO.3 B-J.
AN ORDINANCE CREATING THE CITY OF BEL AIRE, KANSAS PUBLIC
BUILDING COMMISSION AND ESTABLISHING THE PURPOSE,
COMPOSITION, POWERS, FUNCTIONS AND DUTIES THEREOF.
WHEREAS, the City of Bel Aire Kansas (the "City"), is a City within the meaning of
K.S.A. 12-1757 et seq., as amended and supplemented, including by Charter Ordinance No. 10 of the City
(the "Act"); and
WHEREAS, the Act authorizes the City to create a public building commission under the
conditions set forth in the Act; and
WHEREAS, the governing body of the City (the "Governing Body") hereby finds it advisable and
necessary to formally create a public building commission and to establish the purpose, composition,
powers, functions and duties of such public building commission all pursuant to the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF BEL AIRE, KANSAS:
SECTION 1. Creation. Under the authority of the Act there is hereby created by the Governing
Body a municipal corporation to be known as the "City of Bel Aire, Kansas Public Building Commission"
(the "PBC").
SECTION 2. Composition. The PBC shall be composed of three (3) members (the "Members").
The PBC shall be made up of (a) the Mayor of the City, (b) one member of the Governing Body, appointed
by the Governing Body, and (c) one other resident of the City, appointed by the Governing Body. The term
of office of the Mayor and Governing Body Members on the PBC shall be co-terminus with those
Members' terms of office as Mayor of the City and as a member of the Governing Body of the City. The
City resident appointed by the Governing Body will have an initial term expiring December 31, 2003 and
thereafter the term of office for such Member shall be for a term of four (4) years. In the event that the
PBC provides buildings or structures that are leased to governmental entities other than the City, (a) the
composition of the PBC shall be modified by subsequent ordinance of the Council to conform to the
requirements of the Act and (b) the Governing Body shall approve such buildings or structures.
SECTION 3. Purpose. Powers and Functions. The PBC is created for the purposes of, and shall
have the powers and shall perform the functions set forth in, the Act, as may be amended or supplemented,
including by home rule action of the City. The Governing Body, by ordinance or charter ordinance
hereafter taking effect, shall have the authority to limit, expand or otherwise alter the purposes, powers
functions of the PBC.
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SECTION 4. Support Senrices. Unless otherwise approved by the Governing Body, the City
administrative staff shall provide administrative services to the PBC and the City's fmancial advisor, bond
counsel and City Attorney shall provide legal services to the PBC.
SECTION 5. Further Action. The PBC shall have the authority to adopt bylaws, resolutions or
other official actions authorized by the Act and not inconsistent with the provisions of this Ordinance to
govern its actions.
SECTION 6. Severability. If any provision of this Ordinance is deemed or ruled unconstitutional
or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidation shall not
affect any other provision of this Ordinance. This Ordinance shall be enforced and construed as if such
illegal or invalid provision had not been contained herein.
SECTION 7. Effective Date. This Ordinance shall be effective from and after its passage,
approval by the Mayor and publication in the official City newspaper.
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,P~~$EP';~Y the Governing Body, and APPROVED and SIGNED by the Mayor of the City of Bel
~~,~~~~~~,NoY;~ber 19,2002.
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Sherryl C tter, CIty Clerk
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