A CHARTER ORDINANCE OF THE CITY OF BALDWIN CITY, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-1758 AND K.S.A. 12-1767 RELATING TO PUBLIC BUILDING COMMISSIONERS AND THE ISSUANCE OF REVENUE BONDS THEREBY AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO.
Section 1. The city, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it, the provisions of K.S.A. 12-1758 and does hereby provide the following substitute and additional provisions in place thereof:
(a) The city, by appropriate ordinance, may create a public building commission for the purposes of acquiring a site or sites for and constructing, reconstructing, equipping and furnishing, or purchasing or otherwise acquiring, a building or buildings or other facilities of a revenue producing character, including a building or buildings or facilities maintained and operated for (i) city offices or such other purposes as are commonly carried on in connection with such facilities and general city buildings, (ii) for public, municipal, community or recreational purposes, (iii) for education, recreational or administrative purposes for school districts and (iv) for housing, accommodations and parking facilities for offices of state and federal agencies.
(b) A public building commission created by the city may acquire land and facilities adjacent to or near any educational institution under the supervision and control of the state board of regents or may acquire by lease, land and facilities constituting a part of the campus of any such institution. Any public building commission may construct, reconstruct, equip and furnish such facilities on such land and lease such land and facilities to the official governing body of such institution. Any such lease entered into shall pledge the net revenue from such land and facilities. The city also may pledge such funds as may be necessary from those which are provided to be paid over to the board of trustees from the annual tax levy as provided by K.S.A. 76-3a07, and amendments thereto. The governing body of the city is hereby authorized to designate any surplus from such tax levy as may be necessary to guarantee the rentals under any such lease, and the city is hereby exempted from the provisions of K.S.A. 10-1101 to 10-1122, inclusive, and 79-2925, and amendments thereto, to the extent necessary to enable the city to make a covenant to effect such guarantee.
Section 2. Exemption K.S.A. 12-1767. The city, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1767 and does hereby provide substitute and additional provisions in place thereof as follows:
(a) Any revenue bonds proposed to be issued by a public building commission created by the city shall be issued as provided in K.S.A. 12-1757 et seq. Before any revenue bonds are authorized or issued under the provisions of this charter ordinance or K.S.A. 12-1757 et seq., the public building commission shall adopt a resolution specifying the amount of such bonds and the purpose of the issuance thereof.
(b)
(1) Except as otherwise provided in subsection (b)(2) of this section, the resolution shall provide that if within 30 days after the last date of publication of the resolution a petition in opposition to the resolution, signed by not less than 5% of the electors of the city or by not less than 5% of the electors of the school district if the lease is with such entity, is filed with the county election officer, the board of county commissioners shall submit the question to the voters at an election called for that purpose or at the next general election. Except as otherwise provided in subsection (b)(2) of this section, such resolution shall be published once a week for two consecutive weeks in the official city newspaper or in a newspaper having general circulation in the county if the lease is with a county or school district.
(2) Notwithstanding the provisions of subsection (b)(1) of this section, a resolution of the public building commission adopted within one year from the date of this charter ordinance authorizing the issuance of revenue bonds to finance a swimming pool recreation facility in the city shall be published once in the official city newspaper and shall not be subject to petition in opposition of the resolution.
(c) No construction contract shall be let or approved by a public building commission until after the expiration of the protest period provided under this section provided that, with respect to revenue bonds authorized by a resolution described in subsection (b)(2) of this section, the public building commission may let or approve a construction contract upon publication of such resolution once in the official city newspaper.
Section 3. Severability. Any provision or section of this charter ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidity shall not affect any other provision of this charter ordinance. In such instance, this charter ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.
(10-07-96)