A CHARTER ORDINANCE EXEMPTING THE CITY OF EUDORA, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-570 AND K.S.A. 14-571 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO PUBLIC IMPROVEMENTS AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IMPROVEMENTS.
WHEREAS, Aiticle 12, Section 5 of the Constitution of the State of Kansas (the “Act”), provides that cities may exercise ce1tain home rule powers, including passing chaiter ordinances which exempt such cities from non-uniform enactments of the Kansas Legislature; and
WHEREAS, the City of Eudora, 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. 14-570 and K.S.A. 14-571 are part of an enactment of the Kansas Legislature (K.S.A. 14-570 et seq.) relating to public 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 (the “Governing Body”) desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 14-570 and K.S.A. 14-571, and to provide substitute and additional provisions therefor.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EUDORA, KANSAS:
Section 1. Exemption. The City, by vittue of the powers vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 14-570 and K.S.A. 14-571, and shall be governed by the following substitute and additional provisions contained herein.
Section 2. Master Plan for Public Improvements. Whenever the City Manager or their designee has filed with the Governing Body a master capital improvements plan (the “Plan”) for the physical development of the City within the boundaries of the City, including the acquisition of land necessary therefore, the acquisition of equipment, vehicles or other personal property to be used in relation thereto, or the assumption and payment of benefit district indebtedness previously created for public improvements, and which Plan may require a numb.er of years to execute, and such Plan is approved by the Governing Body, the City is hereby authorized to issue its general obligation bonds (the “Bonds”) in an amount sufficient to carry out such Plan and associated costs.
Section 3. Procedure for Issuance of Bonds. Before any Bonds are authorized or issued pursuant to this Chaiter Ordinance, the City shall adopt a resolution specifying the amount of such Bonds and the purpose of the issuance thereof.
Section 4. Severability. If any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any comt of competent jurisdiction, such illegality or invalidity shall not affect any other provision of this Chaiter Ordinance. In such instance, this Chaiter Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.