HomeMy Public PortalAboutCharter Ord 13 Sewage Disposal Works Improvements and Bonds Relating to � CAME
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Gilmore &Bell, P.C.
07/16/2009
(Published in The Ark Valley News, on July 23, 2009 and on July 30, 2009,).
CHARTER ORDINANCE NO. 13
A CHARTER ORDINANCE OF THE CITY OF BEL AIRE, KANSAS
EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-621
RELATING TO SEWAGE DISPOSAL WORKS 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 defined in the Act, duly
created and organized, under the laws of the State of Kansas; and
WHEREAS, K.S.A. 12-621 is part of an enactment of the Kansas Legislature relating to sewage
disposal works 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. 12-621, 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. 12-621. 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. 12-621 and does hereby
provide the following substitute and additional provisions in place thereof:
The governing body of the City ma Y operate an d
maintain disposal works for the
purification of the sewage of the city, or of any part thereof, including joint operation
and`maintenance of such facilities through interlocal cooperation with another,city or
cities. The costs and expenses of building the same, in whole or in part, may be borne
by the city as a whole, and may be paid out of the general revenue fund; or if the
governing body determines, general obligation bonds of the City may be issued for
such purpose.
Section 2. 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 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
21st day of July, 2009 and SIGNED by the Mayor.
CITY OF BEL AIRE, KANSAS
- Mayor
(SEAL)
ATTEST:
City Clerk
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GILMORE&BELL,P.C.
07/16/2009
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. 13„on July 21,,2009, exempting,the City
from the provisions_of K.S.A. 12-621 relating to sewage disposal works 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 July 23, 2009 and on.July 30;.20:09, 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 m yhand.and official seal on September gt ,2009>.
(Seal)
— Clerk
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Gilmore &Bell, P.0
07/16/2009
EXCERPT OF MINUTES OF A MEETING
OF THE GOVERNING BODY OF
THE CITY OF BEL AIRE, KANSAS
HELD ON JULY 21, 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: David
Austin, Dr. Gary Breault, Peggy O'Donnell,Save Sly and Mayor Harold Smith.
Absent: Carolyn Marlier
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. 12-621
RELATING TO SEWAGE DISPOSAL WORKS IMPROVEMENTS AND THE
ISSUANCE OF BONDS THEREFOR AND PROVIDING SUBSTITUTE AND
ADDITIONAL PROVISIONS RELATING THERETO.
Thereupon, Councilmember Gary Breault moved that said Charter Ordinance be passed. The
motion was seconded by Councilmember Peggy O'Donnell. 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: Gary Breault, David Austin, 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. 13 and was signed by the Mayor and attested by the Clerk.
KM060100ftbarterordinance 12-521
(Other Proceedings)
On motion duly made, seconded and carried, the meeting thereupon adjourned.
(SEAL) ,.
Clerk
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