CHARTER ORDINANCE NO. 68  


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  • A CHARTER ORDINANCE EXEMPTING THE BOARD OF PARK COMMISSIONERS OF THE CITY OF WICHITA, KANSAS, AND THE WICHITA AIRPORT AUTHORITY, WICHITA, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-1331, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AND PROVIDING THAT WHERE IMPROVEMENTS ARE CONSTRUCTED ON OR TO REAL ESTATE OWNED BY THE WICHITA AIRPORT AUTHORITY AND LEASED TO A TENANT INDUSTRY UNDER THE AUTHORITY OF K.S.A. 3-154 THROUGH 3-160, INCLUSIVE, OTHER PROVISIONS SHALL BE APPLICABLE.

    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 the Board of Park Commissioners of the City of Wichita, Kansas, and the Wichita Airport Authority, Wichita, Kansas, from and hereby makes inapplicable to them K.S.A. 13-1331, which statute applies only to cities of the first class with a population of more than one hundred fifty thousand (150,000), who have established a Board of Park Commissioners pursuant to K.S.A. 13-1346, and cities having a population of more than two hundred fifty thousand (250,000), who have established by ordinance an airport authority pursuant to K.S.A. 3-162, and said City of Wichita hereby provides substitute and additional provisions as hereinafter set forth.

    SECTION 2. The provisions of Charter Ordinance No. 67 shall apply to contracts for construction, reconstruction or improvements to be made in any park or upon property under the jurisdiction of the Board of Park Commissioners of the City of Wichita, Kansas, and in any airport or upon the property under the jurisdiction of the Wichita Airport Authority, Wichita, Kansas.

    SECTION 3. Where improvements are constructed on or to real estate owned by the Wichita Airport Authority, which improvements will be financed by special facilities revenue bonds issued by the Wichita Airport Authority under the authority of K.S.A. 3-154 through 3-160, inclusive, and the Airport Authority/Tenant lease agreement provides that the tenant shall construct the improvements contemplated by the lease agreement, none of the provisions of said statute shall be applicable and the tenant industry shall contract for such improvements provided, however, that all the provisions of the lease agreement between the Wichita Airport Authority and such tenant industry shall be applicable as to such improvements and all city codes shall also be applicable; provided, further, that performance bonds, maintenance bonds and labor and material bonds in amounts not less than the contract price naming the Wichita Airport Authority as an additional obligee and with sureties to be approved by the Wichita Airport Authority shall be filed with the Wichita Airport Authority clerk before the commencement of any work and provided, further, that no funds derived from tax levies shall be employed in any such construction.

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

    SECTION 5. This is a Charter Ordinance and shall take effect sixty-one (61) 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 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 12th day of December, 1978.

    CONNIE A. PETERS
    Mayor

    ATTEST:

    DONALD C. GISICK
    City Clerk

    Approved as to form:

    JOHN DEKKER
    Director of Law