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HomeMy Public PortalAboutCharter Ord 19 Exempting City from K.S.A 14-570 and K.S.A 14-571 Public Improvements and Bond IssuanceGilmore & Bell, P.C. 10/11/2016 (Published in The Ark Valley News on October 20, 2016 and October 27, 2016) CHARTER ORDINANCE NO. 19 A CHARTER ORDINANCE EXEMPTING THE CITY OF BEL AIRE, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-570 AND K.S.A. 14-571 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO PUBLIC IMPROVEMENTS AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IMPROVEMENTS. 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 non-uniform enactments 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. 14-570 and K.S.A. 14-571 are part of an enactment of the Kansas Legislature (K.S.A. 14-570 el seq.) relating to public 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 (the "Governing Body") desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 14-570 and K.S.A. 14-571, and to provide substitute and additional provisions therefor. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Exemption. The City, by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 14-570 and K.S.A. 14-571, and shall be governed by the following substitute and additional provisions contained herein. Section 2. Master Plan for Public Improvements. Whenever the Governing Body has approved a master capital improvements plan (the "Plan") for the physical development of the City within the boundaries of the City, including the acquisition of land necessary therefore, the acquisition of equipment, vehicles or other personal property to be used in relation thereto, and may provide for assumption and payment of benefit district indebtedness heretofore created for public improvements, and which Plan may require a number of years to execute, and such Plan is approved by the Governing Body, the City is hereby authorized to issue its general obligation bonds (the "Bonds") in an amount sufficient to carry out such Plan and associated costs. Section 3. Procedure for Issuance of Bonds. Before any Bonds are authorized or issued pursuant to this Charter Ordinance, the City shall adopt a resolution specifying the amount of such Bonds and the purpose of the issuance thereof. Such resolution may contain, but is not required to contain, a provision that the issuance of the bonds be subject to: (a) publication of such resolution one time in the official City newspaper, and if within 30 days after the date of publication of the resolution, a petition in KMC\601000\CHARTER ORDINANCE KSA 14-570 opposition to the issuance of the bonds, signed by not less than 10% of the qualified electors of the City, is filed with the City Clerk, the City shall not have the authority to issue the bonds until such question is submitted to the electors of the City at a special election called for that purpose or at the next general election and approved by a majority of the electors of the City voting at such election; or (b) approval by a majority of the electors of the City voting on such question at a special election called for that purpose or at the next general election. If such resolution does not contain a provision described in the foregoing subsection (a) or subsection (b), or if such resolution does contain a provision described in the foregoing subsection (a), but no protest is filed as described in subsection (a), the City may proceed to issue the bonds. Any election required by this section shall be conducted in the manner set forth in K.S.A. 10-120 by the election officer of Sedgwick County. General obligation bonds authorized by this section shall be issued, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise expressly provided. Section 4. 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 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 5. 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 purpose. [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC\601000\CHARTER ORDINANCE KSA 14-570 2 PASSED with at least a two-thirds (2/3) vote of the entire governing body of the City of Bel Air . on October 18, 2016 and APPROVED AND SIGNED by the Mayor. � N ( A.a C1It aF ; �• Mayor �. f IS +'' AT -T1 Jerk [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC\601 000\C HARTER ORDINANCE KSA 14-570 (Signature Page to Charter Ordinance) CERTIFICATE I hereby certify that the foregoing is a true and correct copy of the original Charter Ordinance No. 19; that was passed by the governing body on October 18, 2016; that the record of the final vote on its passage is on file in the office of the City Clerk. DATED: October 18, 2016. Jerk [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC\601000\CHARTER ORDINANCE KSA 14-570 (Certificate to Charter Ordinance) CERTIFICATE OF NO PROTEST STATE OF KANSAS ) ) ss: COUNTY OF SEDGWICK ) The undersigned, Clerk of the City of Be[ Aire, Kansas (the "City"), does hereby certify that the governing body of the City duly passed Charter Ordinance No. 19, on October 18, 2016, that said Charter Ordinance was published once a week for two consecutive weeks (October 20, 2016 and October 27, 2016) in The Ark Valley News, the official City newspaper; that more than sixty (60) days have elapsed from the date of the last said publication; and that there has been no sufficient written protest filed in my office against said Charter Ordinance, as provided in Article 12, Section 5 of the Kansas Constitution. WITNESS my hand and official seal on January 3, 2017. (Seal) Clerk KMC\601000\CHARTER ORDINANCE KSA 14-570 (Certificate of No Protest) Affidavit of Publication STATE OF KANSAS, SEDGWICK COUNTY, ss. Chris Strunk, being first duly sworn, deposes and says: That he is Publisher of The Ark Valley News, formerly The Valley Center Index, a weekly newspaper printed in the State of Kansas, and published in and of general circulation in Sedgwick County Kansas, with a general paid circulation on a yearly basis in Sedgwick County, Kansas, and that said newspaper is not a trade, religious or fraternal publication. Said newspaper is a weekly published at least week- ly 50 times a year.; has been so published continuously and uninterruptedly in said county and state for a period of more than five years prior to the first publication of said notice; and has been admitted at the post office of Valley Center in said County as second class matter. That the attached notice is a true copy thereof and was published in the regular and entire issue of said newspaper for consecutive weeks, the first publication thereof being made as aforesaid on the ,90" day of od--nLee— , 2016, with subsequent publications being made on the following dates: 10 ,2016 ,2016 2016 2016 ,2016 ,2016 Subscribed and sworn to before me this Z l day of C*J��t�e� .2016. Notary Public My commission expires Additional copiesPBL Printer's fee$ ° a`1 ' PIRES K56 eon,-S4 Public notice (Published In The Ark Valley News on Oct. 20, 2016. Subsequently published Oct. 27, 2016.) CHARTER ORDINANCE NO. 19 A CHARTER ORDINANCE EXEMPTING THE CITY OF BEL AIRE, KANSAS, FROM THE PROVISIONS OF K.S.A. 14- 570 AND K.S.A. 14-571 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO PUBLIC IMPROVEMENTS AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IMPROVEMENTS. 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 non-uniform enactments 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. 14-570 and K.S.A. 14-571 are part of an enactment of the Kansas Legislature (K.S.A. 14-570 et seq.) relating to public improvements and the issuance of bonds for such purposes, which Section 3. Procedure for Issuance of Bonds. Before any Bonds are authorized or issued pursuant to this Charter Ordinance, the City shall adopt a resolution specifying the amount of such Bonds and the purpose of the issuance thereof. Such resolution may contain, but is not required to contain, a provision that the issuance of the bonds be subject to: (a) publication of such resolution one time in the official City newspaper, and if within 30 days after the date of publication of the resolution, a petition in opposition to the issuance of the bonds, signed by not less than 10% of the qualified electors of the City, is filed with the City Clerk, the City shall not have the authority to issue the bonds until such question is submitted to the electors of the City at a special election called for that purpose or at the next general election and approved by a majority of the electors of the City voting at such election; or (b) approval by a majority of the electors of the City voting on such question at a special election called for that purpose or at the next general election. If such resolution does not contain a provision described in the foregoing subsection (a) or subsection (b), or if such resolution does contain a provision described in the foregoing subsection (a), but no protest is filed as described in subsection (a), the City may proceed to issue the bonds. Any election required by this section shall be conducted in the manner set forth in K.S.A. 10-120 by the election officer of Sedgwick'County. General obligation bonds authorized by this section shall be issued, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise expressly provided. enactment is applicable to the City, but is not uniformly applicable to all cities Section 4. Severability. If any provision or section of this within the State of Kansas; and Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidity shall WHEREAS, the governing body of the City (the "Governing Body") not affect any other provision of this Charter Ordinance. In such instance, desires, by charter ordinance, to exempt the City from the provisions of this Charter Ordinance shall be construed and enforced as if such illegal or K.S.A. 14-570 and K.S.A. 14-571, and to provide substitute and additional invalid provision had not been contained herein. provisions therefor. Section 5. Effective Date. This Charter Ordinance shall NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY be published once a week for two consecutive weeks in the official City OF THE CITY OF BEL AIRE, KANSAS: 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 Section 1. Exemption. The City, by virtue of the powers vested ten percent (10%) of the number of electors who voted at the last preceding in it by the Act, hereby elects to exempt itself from and make inapplicable to regular City election shall be filed in the office of the City Clerk demanding it the provisions of K.S.A. 14-570 and K.S.A. 14 571, and shall be governed that this Charter Ordinance be submitted to a vote of the electors, in which by the following substitute and additional provisions contained herein. event this Charter Ordinance shall take effect when approved by a majority of the electors voting at an election held for such purpose. Section 2. Master Plan for Public Improvements. Whenever the Governing Body has approved a master capital improvements plan (the "Plan") for the physical development of the City within the boundaries of the City, including the acquisition of land necessary therefore, the acquisition of equipment, vehicles or other personal property to be used in relation thereto, and may provide for assumption and payment of benefit district indebtedness heretofore created for public improvements, and which Plan may require a number of years to execute, and such Plan is approved by the Governing Body, the City is hereby authorized to issue its general obligation bonds (the "Bonds") in an amount sufficient to carry out such Plan and associated costs. PASSED with at least a two-thirds (2/3) vote of the entire governing body of the City of Bel Aire, Kansas, on October 18, 2016 and APPROVED AND SIGNED by the Mayor. ATTEST: /s/Stacey Cook Clerk /s/David Austin Mayor