CHARTER ORDINANCE NO. CO-02-08

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 69 OF THE UNIFIED GOVERNMENT AND EXEMPTING THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS FROM K.S.A. 13-1234a THROUGH K.S.A. 13-1234d RELATING TO CERTAIN STREET LIGHTING, TRAFFIC AND PEDESTRIAN SIGNALIZATION AND STREET AND PEDESTRIAN SIGNAGE, THE BORROWING OF MONEY AND THE ISSUANCE OF BONDS FOR SUCH IMPROVEMENTS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS:

Section 1. The Unified Government of Wyandotte County/Kansas City, Kansas, acting in its capacity as a city of the first class (the "Unified Government"), by the power vested in it by article 12, section 5 of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from, and make inapplicable to it, the provisions of K.S.A. 13-1234a through K.S.A. 13-1234d, which apply to the Unified Government, but not uniformly to all cities, and provide substitute and additional provisions on the same subject as hereinafter provided.

Section 2. The governing body of the Unified Government shall have power to acquire, improve, reimprove, repair, replace, install and construct street lighting, traffic and pedestrian signalization and other control devices, street and pedestrian signage and related improvements (the "improvements"). The governing body may also employ traffic engineering assistance when necessary to the proper development and planning of the improvements.

Section 3. All costs of the improvements authorized pursuant to this ordinance, including acquisition of right-of-way, engineering costs, and all other costs properly attributable to the improvements, shall be paid by the city-at-large from the general improvement fund, general revenue fund, internal improvement fund, or any other fund or funds available for such purposes, or by the issuance of general obligation bonds and/or temporary notes.

Section 4. Whenever it is determined that general obligation bonds and/or temporary notes of the Unified Government should be issued for the purposes authorized herein, the governing body of the Unified Government shall adopt a resolution authorizing the issuance of such general obligation bonds and/or temporary notes, citing article 12, section 5(a), of the Constitution and this ordinance. Such general obligation bonds and/or temporary notes shall be authorized by the governing body without further action, but shall be issued, sold and delivered in compliance with the provisions of the general bond laws of the State of Kansas set forth in Chapter 10 of the Kansas Statutes Annotated and this ordinance.

Section 5. If any provision or section of this 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 ordinance. In such instance, this ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.

Section 6. This Charter Ordinance shall be published once a week for two consecutive weeks in the official newspaper of the Unified Government, and shall take effect 61 days after final publication, unless a petition signed by a number of electors within the City of Kansas City, Kansas equal to not less than ten percent of the number of electors who voted at the least preceding regular election shall be filed in the office of the Unified Government Clerk, demanding that this Charter Ordinance be submitted to a vote of the electors of the City of Kansas City, Kansas, in which event this Charter Ordinance shall take effect when approved by a majority of the electors of the City of Kansas City, Kansas voting at an election held for such purpose.

Section 7. Charter Ordinance No. 69 of the Unified Government shall be repealed upon the effective date of this Charter Ordinance.

PASSED BY THE BOARD OF COMMISSIONERS OF THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS, NOT LESS THAN TWO-THIRDS OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF, THIS 10th DAY OF JULY, 2008.

Joe Reardon

Mayor/CEO

Attest:

Tom G. Roberts

Unified Government Clerk

Approved as to Form:

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Assistant United Government Counsel