CHARTER ORDINANCE NO. 162  


Latest version.
  • A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS FROM THE PROVISIONS OF K.S.A. 12-1759, 12-1760, 12-1762, 12-1763 (1995 SUPP.) AND 12-1767, PROVIDING FOR SUBSTITUTE PROVISIONS ON THE SAME SUBJECT RELATING TO THE PUBLIC BUILDING COMMISSION AND AMENDING AND SUPPLEMENTING CHARTER ORDINANCES NO. 107 AND 149.

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

    SECTION 1. ELECTION TO EXEMPT FROM CERTAIN STATUTES AND AMENDING AND SUPPLEMENTING CERTAIN CHARTER ORDINANCES. The City of Wichita, Kansas (the "City") pursuant to 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. 12-1759, 12-1760, 12-1762, 12-1763 (1995 Supp.) and 12-1767, and to provide such substitute provisions as hereinafter set forth in this Charter Ordinance. Such statutes are applicable to the City, and are part of an enactment which is not uniformly applicable to all cities. In addition, the City hereby as set forth herein amends and supplements Charter Ordinances No. 107 and 149.

    SECTION 2. AMENDMENT OF SECTION 2 OF CHARTER ORDINANCE NO. 107 PERTAINING TO THE CREATION OF A PUBLIC BUILDING COMMISSION, ACQUISITION OF EQUIPMENT, SITES, FACILITIES AND EQUIPMENT AND PLEDGE OF REVENUE. Section 2 of Charter Ordinance No. 107 shall be amended and supplemented to read as follows:

    (a) The City, by ordinance, may create a public building commission (the "Commission") for the purpose of acquiring a site or sites for constructing, reconstructing, equipping and furnishing a building or buildings or other facilities of a revenue producing character, including parking facilities, and in addition for the purpose of acquiring and installing equipment of a revenue producing character. Such building or buildings, facilities or equipment shall be maintained and operated for the affairs of any federal, state, city, school district, Sedgwick County, Kansas, municipal corporation, quasi-municipal corporation, political subdivision or body politic, or agency thereof, (hereafter jointly referred to as "Governmental Agencies") doing business, maintaining an office or rendering a public service within Sedgwick County, Kansas.

    (b) The Commission may acquire land and facilities located within Sedgwick County that are adjacent to or near any educational institution under the supervision and control of the state board of regents or may acquire by lease, land and facilities located within Sedgwick County that constitute a part of the campus of any such institution. The Commission may construct, reconstruct, equip and furnish such facilities on such land and lease such land and facilities to the official governing body of such institution. Any such lease entered into shall pledge the net revenue from such land and facilities. The City also may pledge such funds as may be necessary from those which are provided to be paid over to the board of trustees from the annual tax levy as provided by K.S.A. 76-3a07, and amendments thereto. Sedgwick County also may pledge such funds as may be necessary from those which are provided to be paid over to such institution from a special levy authorized for such purpose under K.S.A. 19-117, and amendments thereto. The governing body of the City or Sedgwick County may designate any surplus from such tax levy as may be necessary to guarantee the rentals under any such lease, and the City or Sedgwick County is hereby exempted from the provisions of K.S.A. 10-1101 to 10-1122, inclusive, and 79-2925, and amendments thereto, to the extent necessary to enable the City or Sedgwick County to make covenant to effect such guarantee.

    SECTION 3. ORDINANCE SPECIFICATIONS. The ordinance that creates the Commission shall specify the functions of the Commission and shall specify the number of members for the governing body of the Commission, which shall not be fewer than three nor more than nine, except where the Commission will provide for leasing of equipment or the leasing of a building or buildings and/or facilities to a city, Sedgwick County, a school district, state university or state agency, in which case the governing body of such city, Sedgwick County, school district, state university or the secretary of administration that leases equipment, building, buildings or facilities from the Commission shall each be entitled to appoint one member on the Commission.

    SECTION 4. POWERS OF THE COMMISSION. The Commission shall have the power to do all things necessary or incidental to the purpose of constructing or acquiring or enlarging, furnishing and equipping buildings and facilities and operating and maintaining such to be made available for use by governmental agencies and for the purpose of acquiring and installing equipment and operating and maintaining such equipment to be made available for use by governmental agencies.

    SECTION 5. AMENDMENT OF SECTION 2 OF CHARTER ORDINANCE NO. 149 PERTAINING TO THE ISSUANCE OF REVENUE BONDS, REFUNDING BONDS AND LIMITATION AS TO DEBT. Section 2 of Charter Ordinance No. 149 shall be amended and supplemented to read as follows:

    After the negotiation of a lease or leases with one or more public bodies for the use of public buildings or equipment proposed to be acquired or constructed under the authority of K.S.A. 12-1757 to 12-1768, inclusive, as amended and supplemented, and Charter Ordinances No. 107 and 149 of the City (collectively the "Act"), the Public Building Commission may issue revenue bonds of the Commission to provide funds for the purpose of acquiring, erecting, equipping, repairing, maintaining and operating buildings and other facilities, to acquire sites necessary and convenient therefore, and to acquire and install equipment and to pay all costs and expenses incident thereto, or to refund its outstanding bonds through the issuance of refunding bonds in the manner prescribed by and, except as otherwise provided in the Act, subject to the provisions of K.S.A. 10-116a. Except as otherwise provided by K.S.A. 10-116a, such revenue bonds shall be payable solely from the rents and revenues to be derived from the operation, management or use of the buildings, other facilities or equipment acquired by the commission; provided that, nothing herein shall prevent the Commission from pledging its interest in any such building or other facilities or equipment acquired by the Commission to the payment of such revenue bonds issued pursuant to the Act and this Charter Ordinance. The Public Building Commission shall have no power to levy taxes, and bonds issued by the Commission shall not constitute a debt of the Commission within the meaning of any statutory or constitutional limitation as to debt.

    SECTION 6. FIXING OF RATES AND CHARGES. The Commission shall be authorized to establish and fix rates, rentals, fees and charges, for the use of any and all buildings or space therein or other facilities owned and operated by the Commission and for the use of any equipment owned, maintained and operated by the Commission sufficient at all times to pay maintenance and operational costs of such buildings facilities or equipment and the principal of and the interest on the bonds issued by the Commission as the same shall become due and payable and to make all payments to any accounts created by any bond resolution.

    SECTION 7. RENTAL OF BUILDING SPACE, OTHER FACILITIES AND EQUIPMENT. The Commission shall have the authority to rent all or any part of its buildings, facilities and/or equipment to any Governmental Agencies including state universities doing business, maintaining an office or rendering a public service in Sedgwick County, Kansas and to rent any space as may not be needed by such Governmental Agencies for such buildings, or other facilities as the Commission may determine will primarily serve the comfort and convenience of the occupants of its buildings or other facilities.

    SECTION 8. REVENUE BONDS ISSUANCE PROTEST AND ELECTION.

    (a) Before any revenue bonds are authorized or issued under the provisions of this Charter Ordinance and the Act, the Commission shall adopt a resolution specifying the amount of such bonds and the purpose of the issuance thereof. Such resolution shall be published in the official City newspaper.

    (b) The resolution shall provide that if within 30 days after the last date of publication of the resolution a petition in opposition to the resolution, signed by not less than 5% of the electors of the City or by not less than 5% of the electors of Sedgwick County or school district if the lease is to be with such entities, is filed with the Sedgwick County Election Officer, the Board of County Commissioners of Sedgwick County shall submit the question to the voters at an election called for that purpose or at the next agreed election. Such resolution shall be published once a week for two consecutive weeks in the official City newspaper.

    (c) No construction shall be let or approved and no equipment shall be purchased by the Commission until after the expiration of the protest period provided under this section.

    SECTION 9. INVALIDITY OF PART. If any part or application of this Charter Ordinance is held invalid, the remainder of this Charter Ordinance or its application to other situations or persons shall not be affected.

    SECTION 10. REPEALING SECTION 2 OF CHARTER ORDINANCES NO. 107 AND 149. Section 2 of Charter Ordinances No. 107 and No. 149 as the same previously existed are hereby repealed.

    SECTION 11. PUBLICATION AND ELECTION. This Charter Ordinance shall be published once a week for two consecutive weeks in the official City newspaper and shall take effect sixty-one days after final publication, unless a sufficient petition is filed and a referendum held on this Charter Ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective if approved by a majority of the electors voting thereon.

    PASSED AND APPROVED by the governing body, not less than two-thirds of the members elect voting in favor thereof this 30th day of April, 1996.

    CITY OF WICHITA, KANSAS

    BOB KNIGHT,
    Mayor

    ATTEST:

    PAT BURNETT
    City Clerk