CHARTER ORDINANCE NO. CO-3-02

A Charter ordinance relating to the board of public utilities; amending section (a) and section 18 of Charter Ordinance No. CO-5-01 of the Unified Government of Wyandotte County/Kansas City, Kansas; and repealing original Sections 9(a) and 18 of Charter Ordinance No. CO-5-01.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS:

Section 1. That section 9(a) of Charter Ordinance No. CO-5-01 of the Unified Government of Wyandotte County/Kansas City, Kansas be and the same hereby is amended to read as follows:

Section 9.

(a)

In the general election each qualified elector of the city shall be entitled to vote on the election of the at-large position or positions to be filled. Of the two candidates nominated from each such at-large position the candidate receiving the highest number of votes in the general election shall be elected as board member from the at-large position.

Section 2. That section 18 of Charter Ordinance No. CO-5-01 of the Unified Government of Wyandotte County/Kansas City, Kansas be and the same hereby is amended to read as follows:

Section 18.

(a)

As hereinafter directed, the board is hereby empowered to transfer to the unified government a percentage or other portion of the gross operating revenue of each utility.

(b)

The amount to be transferred to the unified government under this section shall be determined by resolution by the unified government in an amount not less than five percent nor more than 15 percent of its gross revenues for such fiscal year. The determination of the percentage of gross operating revenues to be paid for a fiscal year shall be made by the unified government, with written notice to the board on or before the September 1 preceding the date of implementation. The governing body of the unified government and the board shall, prior to any determination increasing the payment in lieu of taxes hereunder, meet and confer to discuss any proposed increase. If the unified government fails to so determine or fails to so notify the board of its determination on or before the first day of September of any year, the board shall set over a percentage of gross operating revenues which shall be no less than that set over the preceding year.

(c)

From and after the effective date of this ordinance, the set over of revenues to the unified government shall be made monthly by no later than the tenth day of the second month following each month in which the gross operating revenues are collected. For each fiscal year, following the receipt of the year's audit by the board, a determination of the total amount of revenues which should have been set over based on total gross operating revenues shall be made, and any reconciliation and adjustment between that amount and the amount which had been previously set over for the fiscal year shall be determined and such reconciliation and adjustment shall be made by adjusting the payment made in the month following receipt of the audit, upward or downward as necessary, except that this reconciliation shall be done no later than the month of June.

Section 3. If any provision of this Charter Ordinance or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or application of the Charter Ordinance which can be given effect without the invalid provisions or application and to this end the provisions of this Charter Ordinance are declared to be severable.

Section 4. That original section (a) and section 18 of Charter Ordinance No. CO-5-01 of the Unified Government of Wyandotte County/Kansas City, Kansas, be and the same are hereby repealed.

Section 5. This ordinance shall be published once each week for two consecutive weeks in the Wyandotte Echo.

Section 6. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in article 12, section 5, subdivision (c)(3), of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

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 19th DAY OF NOVEMBER, 2002.

Carol Marinovich

Mayor/CEO

ATTEST:

Tom G. Roberts

Unified Government Clerk

Approved as to Form:

N. Cason Boudreau

Deputy Chief Counsel