CHARTER ORDINANCE NO. 211  


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  • A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS FROM THE PROVISIONS OF K.S.A. 10-1210 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

    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 K.S.A. 10-1210, pertaining to publication of intended utility improvements, which section is part of a nonuniform enactment that includes (in K.S.A. 10-1202(b)) a provision applicable only to any city of the first class owning and operating a municipal electric utility, which is located in a county having a population of more than twenty thousand (20,000) and not more than thirty thousand (30,000) and an assessed tangible valuation of more than one hundred thirty-five million dollars ($135,000,000), and the City hereby provides a substitute provision for K.S.A. 10-1210 as set out in Section 2 hereof.

    SECTION 2. Publication of intended improvements; protest; election. The governing body, by a two-thirds vote of the members thereof, or where the utilities are under the control and management of a board of public utilities, said board by a three-fifths vote thereof, may contract for or make repairs, alterations, extensions, reconstructions, enlargements or improvements of any of its municipally owned utilities and issue or cause to be issued revenue bonds in payment of the cost thereof without submitting to a vote of the electors of such municipality the proposal to make such repairs, alterations, extensions, reconstructions, enlargements or improvements and to issue such bonds in payment of the cost thereof: Provided, That such repairs, alterations, extensions or improvements will not cause duplication of existing utility service furnished by a private utility: Provided, however, That the governing body or other proper officers of any such municipality shall, before issuing such bonds, cause to be published in the official paper of said municipality or, if said municipality has no official paper, then some paper of general circulation in such municipality, a notice of its intention so to do which notice shall describe the nature of the proposed repair, alteration, reconstruction, enlargement or improvement, state the total amount of the cost thereof and the amount of the bonds to be issued for the payment thereof: Provided, however, If, within fifteen days after the publication as aforesaid of such notice, there shall be filed with the clerk of such municipality a written protest against such proposed repairs, alterations, extensions, reconstructions, enlargements or improvements and such bond issue, signed by not less than twenty percent of the qualified electors of such municipality, the governing body of such municipality shall thereupon submit such proposed project and the proposed bond issue to the electors of such municipality at a special election to be called for that purpose upon at least ten days′ notice, to be held not later than sixty days after the filing of such protest or at a regular city election or general election which will occur not sooner than thirty days nor not later than sixty days after the filing of such protest. In the event that a majority of such voters voting on such proposition at such election shall vote in favor thereof, such repairs, alterations, extensions, reconstructions, enlargements or improvements shall be made and such bonds may be issued in payment of the cost thereof. Any municipality may issue revenue bonds under this act to refund all or any portion of its outstanding general obligation notes or bonds which have been issued for the purpose of making repairs, alterations, extensions, reconstructions, enlargements or improvements to its municipally-owned utilities, provided the municipality has complied with the procedures set forth herein which are required for the issuance of revenue bonds for the purpose of paying the cost of such repairs, alterations, extensions, reconstructions, enlargements or improvements.

    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 become effective sixty-one days after final publication, unless a sufficient petition for referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution 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 13th day of April, 2010.

    Signed by the Mayor:

    /s/ Carl Brewer,
          Mayor

       

    ATTEST:

    /s/ Karen Sublett,
          City Clerk

       

    APPROVED AS TO FORM:

    /s/ Gary E. Rebenstorf,
          City Attorney and Director of Law