CHARTER ORDINANCE NO. CO-03-09

A CHARTER ORDINANCE EXEMPTING THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS FROM THE PROVISIONS OF K.S.A. 13-1024a AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO GENERAL IMPROVEMENTS AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IMPROVEMENTS; AND REPEALING CHARTER ORDINANCE NO. 99.

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 non-uniform statutes and acts of the Kansas Legislature; and

WHEREAS, the Unified Government of Wyandotte County/Kansas City, Kansas, acting in its capacity as a city of the first class (the "Unified Government") is 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 Unified Government, but is not uniformly applicable to all cities within the State of Kansas; and

WHEREAS, the governing body of the Unified Government desires, by charter ordinance, to exempt the Unified Government from the provisions of K.S.A. 13-1024a, and to provide substitute and additional provisions therefor.

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

SECTION 1. Exemption K.S.A. 13-1024a. The Unified Government of Wyandotte County/Kansas City, Kansas (the "Unified Government") by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and hereby makes 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 for any bridge, viaduct, street, sidewalk or pedestrian way improvement, airport, public building or structure, parking improvement, or other public utility or works, including any appurtenances related thereto and the land necessary therefor, for lands for public parks and recreation facilities, including golf courses, stadiums and community centers, and developing and making improvements to the same, within or without the city, for the establishment, development and construction of crematories, desiccating or reduction works, including any appurtenances related thereto and the land necessary therefor, within or without the city, or for the improvement, repair or extension of any waterworks, sanitary sewer facilities, sewage treatment or disposal plant, sewerage system, storm water improvement, electric light plant, crematory, desiccating or reduction works or other public utility plant or works owned by the city, and for the purpose of rebuilding, adding to or extending to the same or acquiring land necessary therefor from time to time, as the necessities of the city may require, or for the acquisition of equipment, vehicles and other personal property to be used in relation to any of the improvements authorized herein, the city may borrow money and issue its general obligation bonds and/or temporary notes for the same.

SECTION 2. 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 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.

SECTION 3. Effective Date. 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 sixty-one (61) days after final publication, unless a petition signed by a number of electors of the City of Kansas City, Kansas equal to not less than ten percent (10%) of the number of electors who voted at the last 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, 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 4. Repeal Charter Ordinance No. 99. Upon the effective date of this Charter Ordinance, Charter Ordinance No. 99 of the Unified Government shall be repealed.

PASSED with at least a two-thirds (⅔) vote of the entire Governing Body of the Unified Government of Wyandotte County/Kansas City, Kansas, on __________, __, 2009 and SIGNED by the Mayor/CEO.

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Mayor/CEO

(SEAL)

ATTEST:

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Unified Government Clerk