A CHARTER ORDINANCE OF THE CITY OF ROSE HILL, KANSAS, EXEMPTING SUCH CITY FROM THE PROVISIONS OF K.S.A. 12-1758 AND K.S.A. 12-1767 RELATING TO PUBLIC BUILDING COMMISSIONS AND THE ISSUANCE OF REVENUE BONDS THEREBY, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO.

Section 1. Exemption; K.S.A. 12-1758.

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. 12-1758 and does hereby provide the following substitute and additional provisions in place thereof:

(a)   The city, by appropriate ordinance, may create a public building commission for any one or more of the purposes of acquiring fee simple title or a leasehold interest in one or more sites, and of constructing, reconstructing, equipping and furnishing, or purchasing or otherwise acquiring, one or more buildings or other facilities of any kind which are of a revenue producing character, including indoor and outdoor parking and recreational facilities, and including any type of equipment in relation to any of the foregoing. Any such sites, buildings, facilities or equipment shall be maintained and operated for any public purpose of any city, county, or school district, by any federal governmental agency or instrumentality, by the State of Kansas or any agency or instrumentality thereof, by any other municipal or quasi-municipal corporation, political subdivision or body politic or agency or instrumentality thereof, or by any non-profit corporation organized under the laws of the State of Kansas.

Section 2. Exemption; K.S.A. 12-1767. 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. 12-1767 and does hereby provide substitute and additional provisions in place thereof as follows:

(a)   Any revenue bonds proposed to be issued by a public building commission created by the city shall be issued as provided in K.S.A. 10-1201 et seq., and amendments thereto, except to the extent that such statutes are in conflict with K.S.A. 12-1757 et seq., as amended by this charter ordinance. Before any revenue bonds are authorized or issued under the provision of K.S.A. 12-1757 et seq. as amended by this charter ordinance, the public building commission shall adopt a resolution specifying the amount of such bonds and the purpose of the issuance thereof.

(b)   The resolution adopted by such public building commission shall be published one time in the official city newspaper and, if the official city newspaper does not have a general circulation within a county or school district which proposes to enter into a lease with the public building commission, also a newspaper of general circulation within such county or school district. The resolution shall become effective upon such publication(s). The resolution shall contain a provision that if within 30 days after the last required date of publication of the resolution, a petition in opposition to the resolution, signed by not less than 5% of the electors of the city or by not less than 5% of the electors of the county or school district if the proposed lease is with one or more of such entities, respectively, is filed with the election officer of Butler County, Kansas, the public building commission shall not have the authority to issue such bonds until such question is submitted to the electors of the entity authorized to protest such resolution at an election called for that purpose or at the next general election.

(c)   No construction contract shall be let or approved by a public building commission until after the expiration of the protest period or a successful election, if required, as provided under subsection (b) hereof.

Section 3. 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 or section of this charter ordinance. In such instance, this charter ordinance shall be construed and enforced as if such illegal or invalid provision or section had not been contained herein.

(10-7-02)