Charter Ordinance No. 203  


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  • A CHARTER ORDINANCE AMENDING SECTION 1 OF CHARTER ORDINANCE NO. 177 OF THE CITY OF WICHITA, KANSAS, PERTAINING TO EXEMPTIONS FROM BID REQUIREMENTS, AND REPEALING THE ORIGINAL OF SAID SECTION.

    BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

    SECTION 1: The provisions of Section 1 of Charter Ordinance No. 177 of the City of Wichita, Kansas, amending and replacing Section 1 of Charter Ordinance No. 158 of the City of Wichita, Kansas, which amended and replaced Section 4 of Charter Ordinance No. 111 of the City of Wichita, Kansas, are hereby amended to read as follows:

    "Exemptions from Bid Requirements. None of the provisions of Charter Ordinance No 111, as amended by Charter Ordinance No 151, and as those provisions may, from time to time, be amended shall apply under the following circumstances:

    (a) to improvements which are constructed on or to real estate owned by the City of Wichita and leased to a tenant industry under the authority of K S A 12-1740, et seq, as amended. In such cases, the tenant industry shall contract for such improvements, provided, that all the provisions of the Lease Agreement between the City of Wichita and such tenant industry and all City Codes shall be applicable to the construction of such improvements, provided, further that before the commencement of any such construction work the tenant industry shall provide instrument(s) of surety guaranteeing the full and faithful completion of construction of such improvements and in an amount to be approved the City of Wichita, and provided, further that no funds derived from tax levies shall be employed in such construction;

    (b) to public improvements which are to be constructed on or to real estate owned, in whole or m part, by the City of Wichita and which public improvements are to be constructed by a developer pursuant to a development agreement between the City of Wichita and such developer, provided, that such developer has been chosen to develop such public improvements in accordance with all requirements of law and the procedures and policies of the City of Wichita, provided, further that all the provisions of such development agreement between the City of Wichita and the developer and all City Codes shall be applicable to the construction of such public improvements, provided, further (except in the case of a multi-field baseball complex to be constructed on City-owned land in the vicinity of 29th Street North and Greenwich Road), that before the commencement of any such construction work the developer shall provide instruments of surety guaranteeing the full and faithful completion of construction of such improvements and in an amount to be approved the City of Wichita, and provided, further that the provisions of this subsection may only be utilized if the governing body has, prior to the commencement of the construction of such public improvements, conducted a public hearing to consider whether to implement the provisions of this subsection and adopted an ordinance approving the said construction under the provisions of this Charter Ordinance which ordinance shall be approved by at least 2/3 of the members of the governing body."

    SECTION 2. The original of Section 1 of Charter Ordinance No. 177 of the City of Wichita, Kansas, is hereby repealed.

    SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

    SECTION 4. This is a charter ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

    PASSED BY THE GOVERNING BODY not less than two-thirds of the members elect voting in favor thereof, this 19th day of September, 2006.

    /s/ CARLOS MAYANS,
         Mayor

       

    ATTEST: (Seal)

    /s/ KAREN SUBLETT,
         City Clerk

       

    Approved as to Form:

    /s/ GARY E. REBENSTORF,
         Director of Law

       

    Effective January 2, 2007.