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 COMMISSIONS AND THE ISSUANCE OF REVENUE BONDS THEREBY AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO AND AUTHORIZING AND PROVIDING FOR THE CALLING OF A SPECIAL ELECTION IN THE CITY FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY THE QUESTION OF WHETHER SUCH CHARTER ORDINANCE SHALL TAKE EFFECT.

Section 1. Exemption - K.S.A. 12-1758. 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 educational, 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. 10-1201 et seq. and amendments thereto, except to the extent that such statutes are in conflict with this Charter Ordinance No.11 or K.S.A. 12-1757 et seq. Before any revenue bonds are authorized or issued under the provisions of this Charter Ordinance No. 11 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 effective date of this Charter Ordinance No. 11 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 subsection (b)(1) of this Section except 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. Calling of Election on Charter Ordinance No.11. It is hereby authorized, ordered and directed pursuant to the Act that a special election shall be and is hereby called to be held in the City on April 1, 1997, in conjunction with the general election to be held that date, at which time there shall be submitted to the qualified electors of the City the following proposition:

Shall Charter Ordinance No. 11 of the City of Baldwin City, Kansas, entitled:

“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 COMMISSIONS AND THE ISSUANCE OF REVENUE BONDS THEREBY AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO; AND AUTHORIZING AND PROVIDING FOR THE CALLING OF A SPECIAL ELECTION IN THE CITY FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY THE QUESTION OF WHETHER SUCH CHARTER ORDINANCE SHALL TAKE EFFECT.”

take effect?

Section 4. The election shall be conducted in the same manner as elections for City officers and by the officers handling such elections and the vote at said election shall be by ballot, and the proposition stated above shall be printed on the ballot, together with voting instructions as provided by law.

Section 5. The City Clerk is directed to cause Charter Ordinance No. 11 to be published once each week for three consecutive weeks in the official City newspaper and shall not be effective until approved by a majority of the electors voting on the proposition hereinbefore set forth.

Section 6. The County Clerk shall give notice of the special charter ordinance election as provided by law by publishing a Notice of Special Election in substantially the form attached hereto as Exhibit A once at least 10 days prior to the date of the special election.

(02-17-97)