A CHARTER ORDINANCE OF THE CITY OF RILEY, KANSAS, RELATING TO GENERAL IMPROVEMENTS AND LAND THEREFORE; ACQUIRING EQUIPMENT; BORROWING MONEY AND ISSUING BONDS; AND EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 13-1024a AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 12, SECTION 5 OF THE CONSTITUTION OF THE STATE OF KANSAS.
WHEREAS, pursuant to Section 5 of Article 12 of the Kansas Constitution (the “Constitution”), cities of the State of Kansas (the “State”) may by charter ordinance elect, in the manner prescribed in the Constitution, that the whole or any part of any enactment of the State legislature applying to such city, subject only to enactments of the legislature of statewide concern applicable uniformly to all cities; to other enactments of the legislature applicable uniformly to all cities; to enactments of the legislature applicable uniformly to all cities of the same class limiting or prohibiting the levying of any tax, excise, fee, charge or other exaction; and to enactments of the legislature prescribing limits of indebtedness, shall not apply to such city; and
WHEREAS, pursuant to the Constitution, no charter ordinance shall take effect until sixty days after its final publication; Provided, however, if within sixty days of its final publication a petition signed by a number of electors of the city equal to not less than ten percent of the number of electors who voted at the last preceding regular city election shall be filed in the office of the clerk of such city demanding that such ordinance be submitted to a vote of the electors, such charter ordinance shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon; and
WHEREAS K.S.A. 13-1024a (the “Act”) is an enactment of the State legislature which is applicable to the City of Riley, Kansas, (the “City”) but not uniformly applicable to all cities of the same class; and
WHEREAS, the Act is not an enactment of the legislature of statewide concern applicable uniformly to all cities; to other enactments of the legislature applicable uniformly to all cities; to enactments of the legislature applicable uniformly to all cities of the same class limiting or prohibiting the levying of any tax, excise, fee, charge or other exaction; or to enactments of the legislature prescribing limits of indebtedness; and
WHEREAS, the governing body of the City has not heretofore, in accordance with the Constitution, passed and approved any charter ordinance either exempting the City from all or any part of the Act or providing substitute or additional provisions on the same subject as provided in the Act; and
WHEREAS, the City now wishes to exempt the City from the provisions of K.S.A. 13- 1024a and provide substitute and additional provisions on the same subject as provided in K.S.A. 13-1024a which, in accordance with the provisions of the Constitution, may be accomplished only upon either the adoption of a charter ordinance of the City or by an enactment of the state legislature applicable to all cities of the State.
NOW THEREFORE, BE IT ORDERED BY THE GOVERNING BODY OF THE CITY OF RILEY, KANSAS:
Section 1. That pursuant to the provisions of Sec. 5(c) of Article 12 of the Constitution of the State of Kansas, the City of Riley, Kansas, hereby elects that K.S.A. 13- 1024a shall not apply to said city and provides the following substitute and additional provisions on the same subject:
“For the purpose of paying for any bridge, viaduct, sidewalk, public building, including land necessary therefor; for lands for public parks and developing the same for recreational purposes, within the city; for the improvement, repair or extension of any waterworks system, sanitary and/or stormwater sewage disposal system, electric light plant, antenna and tower system or other public utility owned by the city and rebuilding, adding to or extending the same from time to time, as the necessities of the city may require; and for the acquisition of equipment including, but not limited to, computer hardware and software, telecommunication hardware and software, and equipment for the construction, installation, maintenance and repair of any and all such improvements, the city may borrow money and issue its general obligation bonds for the purpose of paying the costs of any of the improvements and/or equipment mentioned in this section and the land necessary therefor.”
(03-10-2015)