CHARTER ORDINANCE NO. 143

A CHARTER ORDINANCE AUTHORIZING THE ISSUANCE OF REVENUE BONDS OR GENERAL OBLIGATION BONDS FOR THE ACQUISITION OF LAND, BUSES, EQUIPMENT, SUPPLIES, MATERIALS, SPARE PARTS, CONTRACTS OR OTHER PROPERTY REASONABLY REQUIRED FOR THE OPERATION OF THE CITY′S PUBLIC TRANSIT SYSTEM OR FOR REFUNDING BONDS PREVIOUSLY ISSUED FOR SUCH PURPOSES; EXEMPTING THE CITY OF WICHITA, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-3111, 13-3112 AND 13-3113, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS THEREFOR AND REPEALING CHARTER ORDINANCE NO. 104.

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

SECTION 1. Repeal of Charter Ordinance No. 104. Charter Ordinance No. 104 is hereby repealed.

SECTION 2. Exemption From Certain Statutes. The City of Wichita, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 13-3111, 13-3112 and 13-3113 and provide substitute and additional provisions as follows:

SECTION 3. Issuance of Revenue Bonds. The governing body may adopt an ordinance providing for the issuance of revenue bonds without an election or provision for protest, the proceeds of which such City may use to acquire land, buses, equipment, supplies, materials, spare parts, contracts and other property reasonably required for a public transit system or for refunding bonds previously issued for such purposes. All refunding bonds issued under this section shall be issued in the manner prescribed by and subject to the provisions of K.S.A. 10-116a.

Any such revenue bonds issued by the City under this section shall be payable solely and only from a pledge of the net income derived by the City from its public transit system financed with the proceeds of such bonds and other transit facilities not so financed, but the City may also pledge to levy an ad valorem tax of not to exceed two (2) mills and to employ such tax for so long as any such bonds remain outstanding and unpaid. The City may also provide that contributions, grants, or other financial assistance from the state or federal governments or any other source shall be employed in the operation of the public transit system so long as any such bonds remain outstanding.

All revenue bonds issued by the City pursuant to this section hereof shall be issued as provided in K.S.A. 10-1201 et seq., except to the extent that such statutes are in conflict with this act.

SECTION 4. Issuance of General Obligation Bonds. The governing body may adopt an ordinance providing for the issuance of general obligation bonds without an election or provision for protest, the proceeds of which such City may use to acquire land, buses, equipment, supplies, materials, spare parts, contracts and other property reasonably required for a public transit system or for refunding bonds previously issued for such purposes. All refunding bonds issued under this section shall be issued in the manner prescribed by and subject to the provisions of K.S.A. 10-427 and 10-427a.

Any such general obligation bonds issued by the City under this section may be payable from a pledge of the net income derived by the City from its public transit system financed with the proceeds of such bonds and other transit facilities not so financed, but shall also be general obligations of the City payable from unlimited ad valorem taxes. The City may also provide that contributions, grants, or other financial assistance from the state or federal government or any other source shall be employed in the operation of the public transit system so long as any such bonds remain outstanding.

All general obligation bonds issued by the City pursuant to this section shall be issued as provided in the general bond law (K.S.A. 10-101, et seq.)

SECTION 5. This Charter Ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

SECTION 6. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication, unless a sufficient petition for a referendum is filed requiring a referendum to be 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 11th day of February, 1992.

BOB KNIGHT
Mayor

ATTEST:

PATRICIA L. BURNETT
Deputy City Clerk