A CHARTER ORDINANCE OF THE CITY OF BALDWIN CITY, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-621 RELATING TO SEWAGE DISPOSAL WORKS IMPROVEMENTS AND THE ISSUANCE OF BONDS THEREFORE AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO. 

WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the “Act”) provides that cities may exercise certain home rule powers, including passing charter ordinances which exempt such cities from the acts of the Kansas Legislature; and

WHEREAS, the City of Baldwin City, Kansas (the “City”) is a city, as defined in the Act, duly created and organized, under the laws of the State of Kansas; and

WHEREAS, K.S.A. 12-621 is part of an enactment of the Kansas Legislature relating to sewage disposal works improvements and the issuance of bonds for such purposes, which enactment is applicable to the City, but is not uniformly applicable to all cities within the State of Kansas; and

WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 12-621, and to provide substitute and additional provisions therefore.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BALDWIN CITY, KANSAS AS FOLLOWS:

Section 1. Exemption-K.S.A. 12-621.  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. 12-621 and does hereby provide the following substitute and additional provisions in place thereof:

               The governing body of the City may operate and maintain sewers and disposal works for the collection and purification of the sewage of the City, or of any part thereof, including joint operation and maintenance of such facilities through interlocal cooperation with another city or cities. The costs and expenses of building the same, in whole or in part, may be borne by the City as a whole, and may be paid out of the general revenue fund; or if the governing body determines, general obligation bonds of the City may be issued for such purpose.

Section 2.  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.

(12-03-2012)