HomeMy Public PortalAboutCharter Ord 12 General Improvements and Bonds Relating to Gilmore&Bell,P.C.
04/30/2009
(Published in The Ark Valley News, on May 7, 2009 and on May 14,2009).
CHARTER ORDINANCE NO. 12
A CHARTER ORDINANCE OF THE CITY OF BEL AIRE, KANSAS
EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 13-1024a
RELATING TO GENERAL IMPROVEMENTS AND THE ISSUANCE OF BONDS
THEREFOR 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 Bel Aire, Kansas (the "City") is a city, as deemed 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 desires, by charter ordinance,to exempt the City from
the provisions of K.S.A. 13-1024a,and to provide substitute and additional provisions threfor.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF BEL AIRE,KANSAS AS FOLLOWS:
Section 1. Exemption-K.S.A. 13-1024a. 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. 13-1024a and does hereby
provide the following substitute and additional provisions in place thereof:
For the purpose of paying (i) for any bridge, viaduct, public building, street and sidewalk,
and the land necessary therefor, (ii) for lands for public parks and recreation facilities and
for developing and constructing parks and recreation facilities, within or without the City,
(iii) for the establishment and construction of crematories, desiccating or reduction works,
including the land necessary therefor, within or without the City, (iv) for the improvement,
repair or extension of any waterworks, sewage disposal plant, electric light plant,
crematory,desiccating or reduction works or other public utility plant owned by the City,or
owned by a separate municipal corporation formed by interlocal cooperation agreement of
the City that provides service to the City, and the land necessary therefor, and (v) for
rebuilding, adding to or extending the structures, buildings and facilities described in this
paragraph, and the land necessary therefor, from time to time, as the necessities of the City
may require,the City may borrow money and issue its bonds for the same.
Section 2. Severability. Any provision or section of this Charter Ordinance is deemed or ruled
KW\60100ftharterordinance 13-1024a
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.
Section 3. Effective Date. This Charter Ordinance shall be published once a week for two
consecutive weeks in the official City newspaper,and shall take effect sixty(60)days after final publication,
unless a petition signed by a number of electors of the City equal to not less than ten percent(10%) of the
number of electors who voted at the last preceding regular City election shall be filed in the office of the
City Clerk,demanding that this Charter Ordinance be submitted to a vote of the electors, in which event this
Charter Ordinance shall take effect when approved by a majority of the electors voting at an election held
for such a purpose.
PASSED with more than a 2/3 vote of the Governing Body of the City of Bel Aire,Kansas this 5th
day of May,2009 and SIGNED by the Mayor.
CITY OF BEL AIItE,KANSAS
- A 4
Mayor
(SEAL)
ATTEST:
c D��
City Clerk
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GILMORE&BELL,P.C.
04/30/2009
CERTIFICATE OF NO PROTEST
STATE OF KANSAS )
ss:
COUNTY OF SEDGWICK )
The undersigned, Clerk of the City of Bel Aire, Kansas (the "Issuer"), does hereby certify that the
governing body of the Issuer duly adopted Charter Ordinance No. 12, on May 5, 2009, exempting the City
from the provisions of K.S.A. 13-1024a relating to general improvements and the issuance of Bonds
therefor and providing substitute and additional provisions relating thereto,under the authority of Article 12,
Section 5 of the Constitution of the State of Kansas and K.S.A. 12-101 et seq. (the "Act");that such Charter
Ordinance was duly published once each week for two consecutive weeks in the Ark Valley News, the
official newspaper of the Issuer on May_7,2009 and on May Ly,2009,as required by the Act;that more
than sixty (60) days has elapsed from the date of final publication; and that there has been no sufficient
written protest filed in my office,as provided by the Act.
WITNESS my hand and official seal on July d,2009.
(Seal) � ' �c/y
Clerk
KM0601000kharterordinance 13-1024a
Gilmore&Bell,P.0
04/30/2009
EXCERPT OF MINUTES OF A MEETING
OF THE GOVERNING BODY OF
THE CITY OF BEL AIRE,KANSAS
HELD ON MAY 5,2009
The governing body of the City of Bel Aire, Kansas, met in regular session at the usual meeting
place in the City at 7:00 p.m.,the following members being present and participating,to-wit:
Absent:None
The Mayor declared that a quorum was present and called the meeting to order.
* * * * * * * * * * * * * * * * * *
(Other Proceedings)
Thereupon,there was presented a Charter Ordinance entitled:
A CHARTER ORDINANCE OF THE CITY OF BEL AIRE, KANSAS
EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 13-1024a
RELATING TO GENERAL EVIPROVEMENTS AND THE ISSUANCE OF BONDS
THEREFOR AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS
RELATING THERETO.
Thereupon, Councilmember Carolyn Marlier moved that said Charter Ordinance be passed. The
motion was seconded by Councilmember Dave Sly. Said Charter Ordinance was duly read and considered,
and upon being put, the motion for the passage of said Charter Ordinance was carried by the vote of the
governing body,the vote being as follows:
Aye: David Austin,Gary Breault,Carolyn Marlier,Peggy O'Donnell,Dave Sly.
Nay: None.
Thereupon, the Charter Ordinance having passed with more than a 2/3 vote of the governing body,
the Mayor declared said Charter Ordinance duly passed and the Charter Ordinance was numbered Charter
Ordinance No. 12 and was signed by the Mayor and attested by the Clerk.
(Other Proceedings)
KM0601000kharterordinance 13-1024a
On motion duly made,seconded and carried,the meeting thereupon adjourned.
(SEAL)
Clerk
i
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