A CHARTER ORDINANCE OF THE CITY OF CONCORDIA, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-621 RELATING TO SEWAGE DISPOSAL WORKS IMPROVEMENTS AND THE ISSUANCE OF BONDS THEREFOR 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 Concordia, 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 therefor.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CONCORDIA, 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 the provisions of K.S.A. 12-621 and make such provisions inapplicable to it, and does hereby provide the following substitute and additional provisions in place thereof:
The governing body of the City may operate and maintain disposal works for the 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 (as used in this section, “improvements”), 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.
General obligation bonds authorized by this section shall be issued, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise expressly provided. Before issuing the general obligation bonds authorized in this section, the governing body of the City shall adopt a resolution describing the improvements to be made, the estimated costs and expenses thereof and the amount of general obligation bonds to be issued, and such resolution shall be published one time in the official City newspaper. Such Resolution may also contain, but is not required to contain, a provision that no construction contract for the improvements to be made shall be let or approved by the governing body of the City until 30 days have passed since the publication of such resolution one time in the official City newspaper.
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.
(11-02-2016)