CHARTER ORDINANCE NO. 78  


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  • A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS, FROM CERTAIN PROVISIONS OF K.S.A. 13-1348a, AS AMENDED BY SECTION 40, CHAPTER 173, OF THE 1981 SESSION LAWS OF KANSAS, RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR PARKS, PARKWAYS, BOULEVARDS OR AIRPORT PURPOSES, PROVIDING SUBSTITUTE PROVISIONS THEREFOR, AND REPEALING CHARTER ORDINANCE NO. 59.

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

    SECTION 1. The governing body of the City of Wichita, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it that part of K.S.A. 13-1348a, as amended by Section 40, Chapter 173 of the 1981 Session Laws of Kansas, pertaining to the issuance of general obligation bonds for parks, parkways, boulevards or airport purposes, which part reads as follows, to-wit:

    "No bonds shall be issued under authority conferred by this section until the question of the issuance of such bonds has been submitted to a vote of the qualified electors of the city at a general or regular city election or a special bond election and a majority of the electors voting on the question have voted in favor thereof.

    In lieu of the foregoing election requirements, where, by resolution of a board of park commissioners or airport authority, net income of an airport facility is pledged to the municipality for payment of bonds issued hereunder, a resolution may be adopted by the governing body of the municipality stating the purpose for which such bonds are to be issued, and the total amount of the bonds proposed to be issued along with a finding by the governing body that revenues pledged by resolution of the board of park commissioners or airport authority will be sufficient to retire general obligation bonds issued hereunder. Such resolution and finding by the governing body of the municipality shall be published once each week for two consecutive weeks in the official newspaper of such municipality. Whereupon such bonds may be issued unless a petition requesting election on the proposition signed by electors or such city equal in number to not less than two per cent (2%) of the municipality who voted at the last preceding general election, is filed with the Clerk of such municipality within sixty (60) days following the last publication of such resolution. In the event such petition is filed, the governing body of such municipality shall submit the proposition to the voters at an election called for such purpose and held not less than thirty (30) days nor more than sixty (60) days after the filing of such petition. No bonds shall be issued unless a majority of the electors voting on such proposition vote in favor thereof. Such election shall be called and held in the manner provided by the general bond law." and the City hereby provides a substitute provision as set out in Section 2 hereof.

    SECTION 2. Bonds issued under authority of K.S.A. 13-1348a, as amended by Section 40, Chapter 173 of the 1981 Session Laws of Kansas, and as further modified by this Charter Ordinance, are authorized to be issued without an election. The Board of Park Commissioners of the City of Wichita, Kansas, or the Airport Authority of the City of Wichita, Kansas, may pledge by resolution, but such shall not be required to pledge, the net income of a park facility or an airport facility for payment of such bonds so issued.

    SECTION 3. Charter Ordinance No. 59 is hereby repealed.

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

    SECTION 5. This is a Charter Ordinance, and shall become effective the 14th day of October, 1981, unless within sixty-one (61) days after final publication a sufficient petition is filed in the office of the City Clerk calling for 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 2/3 of the members elect voting in favor thereof, this 4th day of August, 1981.

    R. C. BROWN
    Mayor

    ATTEST:

    DONALD C. GISICK
    City Clerk