(Published in the Lawrence Journal World on November _____, 2018 and November _____, 2018)
CHARTER ORDINANCE NO. 46
WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the “Act”), empowers cities to determine their local affairs and government and provides that such power and authority granted thereby to cities shall be liberally construed for the purpose of giving to cities the largest measure of self-government, including passing charter ordinances which exempt such cities from non-uniform statutes and acts of the Kansas Legislature; and
WHEREAS, the City of Lawrence, 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. 13-1024a is part of an enactment of the Kansas Legislature (K.S.A. 13- 1024a et seq.) relating to general 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. 13-1024a, and to provide substitute and additional provisions therefor.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. Exemption - K.S.A. 13-1024a. The City by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and hereby makes inapplicable to it the provisions of K.S.A. 13-1024a, and does hereby provide the following substitute and additional provisions in place thereof:
The City may borrow money and issue its general obligation bonds and/or temporary notes for the purpose of paying for: any bridge, viaduct, street, sidewalk or pedestrian way, bicycle or multi-use path, airport, public transit system improvement, transportation system improvements (including but not limited to ADA improvements, pavement markings, traffic signs and signals, preemption equipment and other improvement to the City’s pedestrian, bike and/or vehicular transportation system), parking improvement (including but not limited to surface parking, structured parking and parking enforcement systems), public building or structure, public parks and recreation areas and facilities, public open space, and public golf courses and community centers; the establishment, development, improvement, repair or extension of any waterworks, sanitary sewer facilities, sewage treatment or disposal plant, sewerage system, storm water improvement, levee and dam facilities, electric light system, crematory, desiccating or reduction works, telecommunications and/or fiber optic systems, or other public utility facilities or improvements owned by the city; acquisition of the land necessary for any of the foregoing; developing and making improvements to any of the foregoing; rebuilding, adding to or extending any of the foregoing; or for the acquisition of equipment, vehicles, other personal property and public art to be used in relation to any of the improvements authorized herein; all within or without the City.
Section 2. Severability. If 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.
Section 3. Effective Date. This Charter Ordinance shall be published once a week for two consecutive weeks in the official City newspaper, and shall take effect sixty-one (61) days after final publication, unless a petition signed by a number of electors of the City equal to not less than ten percent (10%) of the number of electors who voted at the last preceding regular City election shall be filed in the office of the Clerk, demanding that this Charter Ordinance be submitted to a vote of the electors, in which event this Charter Ordinance shall take effect when approved by a majority of the electors of the City voting at an election held for such purpose.
Section 4. Repeal Charter Ordinance No. 27. Upon the effective date of this Charter Ordinance, Charter Ordinance No. 27 of the City shall be repealed. Notwithstanding the foregoing, any projects previously authorized under the authority of Charter Ordinance No. 27 are hereby deemed to be authorized under the provisions of this Charter Ordinance upon its effective date.
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PASSED with at least a two-thirds (2/3) vote of the entire governing body of the City of Lawrence, Kansas, on November 6, 2018 and APPROVED AND SIGNED by the Mayor.
(SEAL)
Stuart Boley, Mayor
ATTEST:
Sherri Riedemann, City Clerk
APPROVED AS TO FORM:
Toni R. Wheeler, City Attorney
CERTIFICATE OF NO PROTEST
STATE OF KANSAS )
) ss:
COUNTY OF DOUGLAS )
The undersigned, Clerk of the City of Lawrence, Kansas (the “City”), does hereby certify that the governing body of the City duly passed Charter Ordinance No. ___, on November 6, 2018, that said Charter Ordinance was published once a week for two consecutive weeks (November _____, 2018 and November _____, 2018) in the Lawrence Journal World, the official City newspaper; that more than sixty (60) days have elapsed from the date of the last said publication; and that there has been no sufficient written protest filed in my office against said Charter Ordinance, as provided in Article 12, Section 5 of the Kansas Constitution.
WITNESS my hand and official seal on ______________.
(Seal)
Sherri Riedemann, City Clerk