CHARTER ORDINANCE NO. 182  


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  • A CHARTER ORDINANCE OF THE CITY OF WICHITA, KANSAS, ESTABLISHING A MUNICIPALLY OWNED AND OPERATED ELECTRIC UTILITY FOR THE CITY OF WICHITA AND EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 13-1220, 13-1221, 13-1222, 13-1223, 13-1224, 13-1225, 13-1226, 13-1227, 13-1228, 13-1228a, 13-1229, 13-1230, 13-1231, 13-1232, 13-1234a, 13-1235, 13-1236, AND 13-1237

    WHEREAS, the City of Wichita desires to ensure that the citizens of Wichita have the lowest possible rates for reliable, safe, and environmentally sound electrical energy; and

    WHEREAS, the Municipal Electric Utility Task Force established by the City Manager under the direction of Resolution R-99-296 has recommended that a municipal electric utility be established and that such City-owned assets as are necessary to service City-owned electric loads through the production of electricity, the purchase of wholesale electricity, and the distribution of electricity be transferred to such municipal electric utility, and the City Council adopted such recommendations on November 23, 1999, and directed that the necessary steps be taken to create such a municipal electric utility; and

    WHEREAS, the City of Wichita is a city organized and existing under the Constitution and laws of Kansas and authorized to own and operate a municipal electric utility and to engage in the generation, transmission, local distribution, purchase and sale of electrical energy; and

    WHEREAS, the City currently owns or controls transmission or distribution facilities used to deliver all the electric energy used by certain consumers; and

    WHEREAS, the City Council has authorized a feasibility study to determine the feasibility, costs, and benefits of the municipal electric utility hereafter providing electric service to customers within and outside the City; and

    WHEREAS, the establishment of a municipal electric utility is found to be in the public interest and will promote the health, safety, and welfare of the City and its inhabitants;

    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 and hereby makes inapplicable to it the provisions of K.S.A. 13-1220, 13-1221, 13-1222, 13-1223, 13-1224, 13-1225, 13-1226, 13-1227, 13-1228, 13-1228a, 13-1229, 13-1230, 13-1231, 13-1232, 13-1234a, 13-1235, 13-1236, and 13-1237, which provisions are applicable to this City and not applicable uniformly to all cities, and provide substitute and additional provisions as hereinafter set forth in this charter ordinance.

    SECTION 2. There is hereby established a municipal electric utility for the City of Wichita known as the Wichita Electric Utility or such other name as may be hereafter adopted by ordinance.

    SECTION 3. The governing body of the City shall have and may exercise any and all legal powers and authority granted by statute to a board of public utilities or to a city in which a board of public utilities has been established. In addition, the City shall have and may exercise any and all legal powers and duties necessary to implement this charter ordinance and to establish a municipal electric utility, including but not limited to owning and operating a municipal electric utility, engaging in the generation, transmission, local distribution, purchase, and sale of electricity, furnishing electrical power to City facilities and to any person within or without the City, and having and exercising such other powers granted to municipal electric utilities and municipal electric-light plants by the Constitution and laws of the State of Kansas. Nothing in this Charter Ordinance shall be interpreted to affect the continued operation and ownership of any municipal water-works plant of the City as otherwise established by law, ordinance, or regulation.

    SECTION 4. The City may hereafter exercise its power and authority as set forth in Section 3 by ordinance. The operations of the Wichita Electric Utility are established under the City Manager. The City Manager may hereafter transfer to the Wichita Electric Utility such City-owned assets as are necessary to serve electric loads through the generation, transmission, local distribution, purchase, and sale of electricity.

    SECTION 5. If any of the provisions of this Charter Ordinance are held invalid for any reason, the remaining provisions shall remain in full force and effect the same as if such part held to be invalid had not been included herein.

    SECTION 6. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city paper.

    SECTION 7. 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 December 21, 1999.

    CITY OF WICHITA

    Bob Knight, Mayor

    ATTEST:

    Pat Burnett, City Clerk

    Approved as to Form:

    Gary E. Rebenstorf, City Attorney