A CHARTER ORDINANCE OF THE CITY OF EUDORA, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 13-1024a RELATING TO GENERAL 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 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. 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 in order to remove certain provisions of such statute that are not applicable to the City and to provide an exemption from an election requirement relating to the authorization of certain bonds.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EUDORA, KANSAS AS FOLLOWS:
Section 1. Exemption-K.S.A. 13-1024a. 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. 13-1024a and does hereby provide the following substitute and additional provisions in place thereof:
For the purpose of paying (a) (i) for any bridge, viaduct, public building, street and sidewalk, and the land necessary therefor, (ii) for lands for public parks and recreation facilities and for developing and constructing parks and recreation facilities, within or without the City, (iii) for the establishment and construction of crematories, desiccating or reduction works, including the land necessary therefor, within or without the City, or (iv) for the improvement, repair or extension of any waterworks, sewage disposal plant, electric light plant, crematory, desiccating or reduction works or other public utility plant owned by the City, and (b) for rebuilding, adding to or extending the structures, buildings and facilities described in sub-section (a) hereof, from time to time, as the necessities of the City may require, the City may borrow money and issue its bonds for the same.
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.
(10-10-2005)