CHARTER ORDINANCE NO. 178  


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  • A CHARTER ORDINANCE OF THE CITY OF WICHITA PERTAINING TO THE MEMBERSHIP AND GOVERNANCE OF THE WICHITA AIRPORT AUTHORITY; EXEMPTING THE CITY OF WICHITA FROM PROVISIONS OF K.S.A. 3-163, 3-164, AND 3-165; AND REPEALING CHARTER ORDINANCE NOS. 137 AND 169.

    WHEREAS, the City of Wichita has created and established the Wichita Airport Authority pursuant to the provisions of K.S.A. 3-162, et seq., and thereafter exempted itself from certain provisions of said statutes by Charter Ordinance No. 119, as amended by Charter Ordinance No. 137, and by Charter Ordinance No. 169; and

    WHEREAS, the City of Wichita chooses to further exempt itself from certain provisions of said statutes in order to provide changes to the composition and membership of the Wichita Airport Authority, to establish the members of the governing body of the City of Wichita as the members of the Authority, and to grant to such members all powers and authority to govern the Wichita Airport Authority and to exercise all power, rights, and control of the Wichita Airport Authority; and

    WHEREAS, the City of Wichita intends that the Wichita Airport Authority shall continue as a body corporate and politic and that nothing by this action is intended to affect any legal rights, responsibilities, obligations, or title to property now or hereafter held in the name of the Wichita Airport Authority;

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

    SECTION 1. The City of Wichita, Kansas, by virtue of 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. 3-163, 3-164, and 3-165, and to provide substitute and additional provisions as hereinafter set forth in this ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this city and not applicable uniformly to all cities.

    SECTION 2. (a) The governing body of the City of Wichita is hereby established as the governing body of the Wichita Airport Authority and the members of the governing body of the City of Wichita are hereby established as the members of the Wichita Airport Authority. Such members shall continue to exercise all power, authority and control heretofore vested in the Wichita Airport Authority.

    (b) The governing body of the City of Wichita acting as the governing body and members of the Wichita Airport Authority shall have such composition, qualifications, officers, terms of office, quorum, and procedures for the transaction of business as is now or hereafter established by law and ordinance for the governing body of the City of Wichita. Provided, that when State law or Charter Ordinance requires the Wichita Airport Authority to act in a different manner or under different procedures than is required for the governing body of the City of Wichita, such different procedures shall control for actions of the Wichita Airport Authority.

    SECTION 3. The City of Wichita shall maintain such offices, employees, and safety force on behalf of the Wichita Airport Authority as is deemed appropriate for the orderly transaction and management of the business of the municipal airports.

    SECTION 4. The City of Wichita is hereby authorized to establish an airport advisory board with such composition, powers, and duties as may hereafter be set forth by ordinance.

    SECTION 5. Nothing in this Charter Ordinance shall be deemed to affect the continued existence of the Wichita Airport Authority as a body corporate and politic pursuant to K.S.A. 3-162, with all powers, authority, and control heretofore vested in such Wichita Airport Authority so far as the same relates to the municipal airports and the operation thereof.

    SECTION 6. Charter Ordinance Nos. 137 and 169 are hereby repealed.

    SECTION 4. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city paper.

    SECTION 5. This is a Charter Ordinance and will take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on this ordinance as provided in Article 12, Section 5, Subdivision (c) of the Constitution of Kansas, in which case this Charter 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 24th day of August, 1999.

    Bob Knight, Mayor

    ATTEST:

    Patricia L. Burnett, City Clerk

    Approved as to Form:

    Gary E. Rebenstorf, City Attorney