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Wyandotte County - Unified Government |
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Code of Ordinances |
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Appendix A. CHARTER ORDINANCES AND RESOLUTIONS |
CHARTER ORDINANCE NO. CO-5-01
CHARTER ORDINANCE repealing Charter Ordinances Nos. 106, 115 and CO-3-00; exempting the Unified Government of Wyandotte County/Kansas City, Kansas, from the provisions of K.S.A. 1998 supp. 13-1213, 13-1214, 13-1215, 13-1220, 13-1221, 13-1222, 13-1223, 13-1224, 13-1225, 13-1226, 13-1227, 13-1228, 13-1228a, 13-1228b, 13-1228c, 13-1228d, 13-1228e, 13-1228f, 13-1228g, 13-1228h, 13-1229, 13-1230, 13-1231, 13-1232, 13-1235, 13-1236, 13-1237, 13-1252, 13-1253, 13-1254, 13-1255, 13-1257, 13-1258, 13-1259, 13-1260, 13-1261, 13-1269, 13-1270, 13-1271, 13-1272, 13-1273 and 13-1275, relating to the election, salary, terms of office, meetings, qualifications, election of officers, and vacancies of members of the board of public utilities, the sale of surplus utility services or products by the board, the powers and duties of the board, the appointment, qualifications, and powers and duties of a general manager of the board, the power of the board to enter contracts for extensions of retail service outside the unified government limits, the percentage of gross operating revenues of the board which must be transferred to the unified government and the timing of such transfer, and providing for any proposed sale of utilities, requirements for an election on the question of sale, including a feasibility study, and the manner of such election, the fixing of utility rates, the ownership and improvement of utilities, the issuance of general obligation bonds and revenue bonds for utilities and providing substitute and additional provisions on the same subjects.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS:
Section 1. The Unified Government of Wyandotte County/Kansas City, Kansas (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 itself from and make inapplicable to it the provisions of K.S.A. 1998 supp. 13-1213, 13-1214, 13-1215, 13-1220, 13-1221, 13-1222, 13-1223, 13-1224, 13-1225, 13-1226, 13-1227, 13-1228, 13-1228a, 13-1228b, 13-1228c, 13-1228d, 13-1228e, 13-1228f, 13-1228g, 13-1228h, 13-1229, 13-1230, 13-1231, 13-1232, 13-1235, 13-1236, 13-1237, 13-1252, 13-1253, 13-1254, 13-1255, 13-1257, 13-1258, 13-1259, 13-1260, 13-1261, 13-1269, 13-1270, 13-1271, 13-1272, 13-1273 and 13-1275, and provide substitute and additional provisions as hereinafter set forth in this Charter ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to the unified government but are not applicable uniformly to all cities.
Section 2. As used in this Charter ordinance: "Utility" means any utility, instrumentality or facility of a revenue producing character designated as such in a resolution adopted by the governing body of the unified government. At the time of the adoption of this Charter ordinance, utility includes plants, facilities and instrumentalities for the purpose of producing and/or supplying water, electricity, gas, steam and chilled water. "Person" means any individual, partnership, corporation, firm, joint venture, trust, unincorporated organization, association of persons, or government or any agency or political subdivision thereof or other public body. "County" means all of the territory of Wyandotte County. "City" means all of the territory of Wyandotte County, except the territory of the cities of Bonner Springs, Edwardsville and Lake Quivira and the unincorporated area of Wyandotte County.
Section 3. Within the organization of the unified government, there shall be an administrative agency known as the board of public utilities of the unified government, hereinafter referred to as the "board."
Section 4. Beginning in 2001, and thereafter, the board shall consist of six members, three of whom shall be nominated and elected in three separate and distinct positions on an at-large basis from within the boundaries of the city and three of whom shall be nominated and elected by districts composed within the boundaries of the city. The three at-large positions shall be numbered at-large one, at-large two, and at-large three. The three non-at-large districts shall be numbered one, two, and three, and the three non-at-large districts shall be as compact and equal in population as possible. Each at-large district and non-at-large district shall be represented by one member. Each candidate for the board shall designate at time of filing the at-large position or the non-at-large district position sought. Each board member shall be a citizen of the united states and a qualified elector within the city, and must reside within the city at the time of filing for election and thereafter for the duration of their terms. Board members nominated and elected from non-at-large districts shall be residents of their respective districts at the time of filing for election and thereafter for the duration of their terms.
Section 5. Reserved.
Editor's note— Section 5 of Charter Ordinance No. CO-5-01 was amended by provisions contained in Charter Ordinance No. CO-01-17. For amended provisions of new section 5, see Charter Ordinance No. CO-01-17.
Section 6.
(a)
Any person desiring to become a candidate for a seat on the board shall file with the unified government clerk, or such appointive officer as the unified government may designate, before the filing deadline, a statement of such candidacy on a form furnished by the unified government clerk or by such appointed officer as the unified government may designate. The unified government clerk or the appointive officer receiving any filing under this section shall record the same and transmit it, together with the filing fee or petition herein provided, forthwith to the unified government election commissioner.
(b)
Each such filing for a board seat shall be accompanied by a filing fee of $50.00; or, in lieu of such filing fee, by a petition signed by 100 qualified electors within the city for an at large seat or by 100 qualified electors from the district for a district seat. In addition to such filing fee or petition, each candidate shall pay any filing fees required by the county election commissioner or other applicable election officer.
Section 7. Reserved.
Editor's note— Section 7 of Charter Ordinance No. CO-5-01 was amended by provisions contained in Charter Ordinance No. CO-01-17. For amended provisions of new section 7, see Charter Ordinance No. CO-01-17.
Section 8.
(a)
When the term of a board member elected from an at-large position expires, if there are more than two candidates who have filed for the at-large position to be filled, a primary election shall be held for the nomination of two candidates from each such at-large position. Each qualified elector who is a resident of the city shall be entitled to vote for one candidate from each at-large position to be filled. The two candidates from each such at-large position receiving the greatest number of votes cast shall be placed on the general election ballot as the candidates nominated for election as board member from the at-large position or positions.
(b)
In each year in which the term of a board member elected from a district expires, if there are more than two candidates who have filed for the seat to be filled, a primary election shall he held for the nomination of two candidates from each such district. Each qualified elector who is a resident of the district shall be entitled to vote for one candidate from his or her district. The two candidates from each such district receiving the greatest number of votes cast shall be placed on the general election ballot as the candidates nominated for election as board member from the district.
Section 9. Reserved.
Editor's note— Section 9 of Charter Ordinance No. CO-5-01 was amended by provisions contained in Charter Ordinance No. CO-3-02. For amended provisions of new section 9, see Charter Ordinance No. CO-3-02.
Section 10. The boundary lines established in 1992 for the three districts from which board members from districts have been nominated and elected shall be reestablished by the board at the first meeting of the board in 2002 and in every tenth year thereafter so as to:
(1)
Contain within each district a population which to the greatest extent feasible is equal to one-third of the total population within the city, but which under no circumstances shall be greater or less than one-third of the total population within the city by more than two percent, based on the U.S. decennial census;
(2)
Maintain a reasonably compact area in each district and avoid any noncontiguous zones or any unusually exaggerated extension of district lines;
(3)
Follow election precinct lines as established by the Wyandotte County election commissioner and be described in terms of the wards and precincts contained in each district;
(4)
Avoid use of number of registered voters by party or other partisan data; and
(5)
Maintain, as much as possible, the integrity of broadly cohesive areas of interest.
The board shall certify the boundaries so reestablished to the unified government election commissioner.
Section 11. The board shall elect from its own number a president and vice president and shall appoint a secretary. Any vacancy occurring in the board shall be filled by a majority vote of the members remaining on the board. Where a vacancy has occurred in the membership of the board, the person selected to fill such vacancy shall serve until the next general board election, at which time a successor shall be elected to serve the remainder of the unexpired term, if any. A vacancy occurs when a duly elected or appointed member dies, resigns, is determined to be incompetent or incapable of performing the duties of a board member by a court of law or is absent from six consecutively scheduled board meetings. The absence of a member from a meeting shall not constitute a vacancy.
Section 12. The board shall hold meetings at such times and with such frequency as the board shall by policy direct, but not less than regularly at least once in each month, and shall designate the time and place thereof. It shall adopt its own rules of procedures and keep a record of its proceedings. Four members shall constitute a quorum for the transaction of business, and any action by the board shall require an affirmative vote of not less than four members thereof, unless a vacancy exists, when a majority vote of no less than three members shall be sufficient to transact any business. The salary of the members of the board shall be determined by resolution of the board, but in no event shall said salary be increased or reduced within 120 days before any election for any position on said board, and such members shall be entitled to their actual and necessary expenses incurred in the performance of their duties as members of the board, but only if such expenses are verified by receipts which shall be available for inspection by the governing body of the unified government.
Section 13.
(a)
The board shall exclusively manage, operate, maintain and control the daily operation of any utility. The board shall be charged with the exclusive duty of producing and supplying the unified government and the inhabitants within the city with utility services or products provided by any utility for domestic, commercial and industrial purposes and for public use within the city. The board may also produce and supply such utility services and products outside the city on an exclusive or nonexclusive basis. The board shall have the exclusive duty of providing steam and chilled water for heating and cooling for commercial and industrial purposes within the city unless upon application made to the unified government, the board declines to do so, and subject to the a provisions of K.S.A. 66-104 and 66-131. The board may contract for the purchase and sale of utility services or products within or outside the city as deemed necessary for the ultimate benefit of the unified government and the inhabitants within the city; and provided further that all extensions of retail water service outside the city limits shall be made only if the retail price charged for such service is equal to or greater than the retail price charged for services within the city.
(b)
The board shall appoint a general manager as provided in section 14 of this Charter ordinance.
(c)
The board shall adopt and when necessary revise an annual operating and construction forecast reflecting proposed operating and capital expenditures of any utility for the ensuing calendar year. The forecast shall be prepared by the general manager and submitted to the board for review and adoption on or before the first day of December in each calendar year, pursuant to section 14 of this Charter Ordinance. After its submission, but prior to the end of the then current calendar year the board shall adopt the annual operating and construction forecast as recommended by the general manager or shall reject in whole or in part the recommended forecast and adopt such forecast as it sees fit.
(d)
The board shall adopt and when necessary revise a management code providing a complete plan of organization of all departments of the board. The management code shall establish all departments, offices and positions within any utility and shall prescribe their functions, their organization and all rules and regulations for their operation, except that the management code may authorize the general manager to promulgate rules and regulations, dealing with questions of organization and operation thereof. The management code and any rules and regulations promulgated pursuant thereto shall be consistent with this Charter Ordinance. The initial management code shall be prepared by the general manager and submitted to the board for review and adoption within nine months of the appointment of the general manager. Within three months of the date of its submission, the board shall adopt the management code as recommended by the general manager or shall reject in whole or in part the recommended code and adopt such management code as it sees fit.
(e)
The board shall adopt and when necessary revise a personnel code providing a comprehensive personnel system for employees of the board. The personnel code may authorize the general manager to promulgate regulations dealing with personnel matters. The personnel code and any policies, rules and regulation promulgated pursuant thereto shall be consistent with this Charter Ordinance. The initial personnel code shall be prepared by the general manager and submitted to the board for review and adoption within nine months of the appointment of the general manager. Within three months of the date of its submission, the board shall adopt the personnel code as recommended by the general manager or shall reject in whole or in part the recommended code and adopt such personnel code as it sees fit.
(f)
The board shall adopt such other codes, rules and regulations consistent with this Charter Ordinance as may be necessary for the safe, economical and efficient operation and management of any utility and as may be necessary for the establishment of proper authority and direction for the management and administration of the affairs of any utility.
(g)
The board may improve, extend or enlarge any utility in accordance with applicable Kansas statutes, this Charter Ordinance and other applicable Charter Ordinances.
(h)
The board may in the name of and on behalf of the unified government acquire and hold by purchase, gift, devise, bequest, exercise of the power of eminent domain, lease as lessor or lessee or otherwise such franchises and interests in real or personal property either within or without the city as may be necessary or convenient to carry out the purposes for which it is established. Except as provided in section 19, the board may sell, convey or lease as lessor or lessee any other interests in real or personal property, except that no real property or improvements thereon shall be sold by the board unless such sale is approved by the governing body of the unified government or is sold in conformance with a unified government approved policy and procedure adopted by the unified government.
(i)
It shall be the duty of the governing body of the unified government when requested by the board to enact such ordinances as may be deemed necessary by the governing body of the unified government for the protection of any utility, and to institute condemnation proceedings whenever, in the judgment of the governing body of the unified government, private property, real or personal or both real and personal, should be taken in the name of the unified government for utility purposes. Both the board and the governing body of the unified government may establish all reasonable rules and regulations to protect the rights and property vested in the unified government and under control of the board. Both the board and governing body of the unified government may issue vouchers or warrants in payment of all claims and accounts incurred by the board for the respective departments, which vouchers or warrants when approved by either the board or the governing body of the unified government shall be authority for the unified government treasurer acting in the capacity of the ex officio treasurer of the board to pay and charge the same against the proper funds. The unified government treasurer shall serve prior notice upon the general manager of any such voucher or warrant approved by the governing body of the unified government. The board also shall have such other powers as may be necessary for the proper discharge of its duties.
(j)
The board may sue and be sued but only in the name and on behalf of the unified government, except it shall have no standing in any court as a party plaintiff in any litigation against the unified government.
(k)
The board or any employee of the board shall be personally liable for any expenditure or loss incurred by the unified government through failure or refusal of the board, or such employee, to comply with any ordinance adopted by the unified government under authority of this Charter Ordinance, K.S.A. 13-1220 et seq., and all amendments thereto.
Section 14. The board shall appoint a general manager to serve at the pleasure of the board and shall fix his or her compensation. The general manager need not reside within the city at the time of appointment, but must reside in compliance with board policy while in office. Such general manager:
(1)
Preferably will have a master's degree, or at minimum a bachelor's degree, or comparable experience in any of the following fields: engineering, business administration, or public administration, or comparable field, and shall have not less than seven years' experience in the utility industry and not less than five years' experience in a management role in a utility serving in a general or functional capacity;
(2)
Shall manage, administer and control any utility;
(3)
Shall advise the board as to the needs of these operations;
(4)
Shall be primarily responsible for directing, coordinating and executing the programs, policies, and decision of the board;
(5)
Shall prepare and submit to the board the management code and the personnel code as required by section 13, above, and shall prepare such other codes, rules and regulations as the board directs;
(6)
Except for attorneys, shall have charge of all officers, agents, servants and employees of the board, including, but not limited to, their hiring, appointment, promotion, transfer, assignment and demotion, discipline, layoff, suspension, discharge, and removal and shall fix their compensation. Such officers, agents, servants and employees shall serve at the pleasure of the general manager. All appointments shall be made on the basis of applicants' merit alone, and no appointment shall ever be made on account of political services or affiliations;
(7)
Shall have charge of all negotiations, discussions, and conferences with respect to labor relations and collective bargaining agreements involving employees of the board, provided, however, that such general manager will not have the authority to enter into collective bargaining agreements for the board;
(8)
Shall present to the board, on or before the first day of December in each calendar year, an annual operation and construction forecast reflecting proposed operating and capital expenditures of the board for the ensuing calendar year, together with such future projections as the board directs;
(9)
Upon the adoption of such annual forecast by the board, shall expend funds and execute contracts on behalf of the board for forecast line items approved for construction, maintenance, repair, and daily operations of any utility; provided, however, that such general manager will not have authority to transfer funds from one line item of the forecast to another, to create additional line items, or to increase specific line items amounts without prior approval of the board;
(10)
Shall present to the board each quarter of the calendar year a report of expenditures made and contracts entered for such three-month period, along with actions anticipated to occur within three-month period, along with actions anticipated to occur within the next quarter; and
(11)
Shall quarterly present a report to the board and to the governing body of the unified government the financial condition of any utility. Such report shall include a correct account of all collections, appropriations, expenditures and approved claims entitled to payment.
Section 15. All legal services needed by the board shall be provided at the direction of the chief counsel of the unified government.
(a)
It shall be the duty of the board to invest the moneys of the sinking funds provided for in section 20 hereof, in investments authorized by K.S.A. 10-131, and amendments thereto, in the manner prescribed therein or in bonds of the State of Kansas or any of its agencies, or general obligation bonds of Kansas cities, counties, or unified school districts, or bonds issued or guaranteed by the United States government.
(b)
It shall be the duty of the general manager of the board to report by the end of January of each year the amount of outstanding indebtedness of any utility, and to furnish an itemized statement of the moneys and the bonded indebtedness paid off during the preceding year.
Section 17. The unified government treasurer shall be ex officio treasurer of the board. Except as otherwise authorized, all funds and property in the treasurer's hands belonging to any utility shall be subject to the control of the board.
Section 18. Reserved.
Editor's note— Section 18 of Charter Ordinance No. CO-5-01 was amended by provisions contained in Charter Ordinance No. CO-3-02. For amended provisions of new section 18, see Charter Ordinance No. CO-3-02.
(a)
Prior to the sale of any utility (other than a sale in connection with a sale-leaseback or other financing transaction approved by the board and the governing body of the unified government), the governing body of the unified government shall by resolution call for an election to be held on said proposed sale. Any utility may not be sold (other than a sale in connection with a sale-leaseback or other financing transaction approved by the board and the governing body of the unified government) unless the proposed sale and the bid therefor are submitted to and approved by a majority of the qualified electors within the city voting in an election called and held thereon. Such election may be at a special election or at the general election held in November, but in no event shall such election on this question he held within 120 days before the general election in April of any year in which the mayor/chief executive, any member of the governing body of the unified government, or any member of the board is to be a candidate for office or elected to office.
(b)
Such election shall be called and held in the manner provided in the general bond law, K.S.A. 10-101 et seq., or in the manner provided in the Mail Ballot Election Act, K.S.A. 25-431 et seq. The manner in which the election shall be held shall he determined by the governing body of the unified government in the resolution authorizing the holding of an election on the question of the sale of the utility.
(c)
Prior to a sale of any utility (other than a sale in connection with a sale-leaseback or other financing transaction approved by the board and the governing body of the unified government), the governing body of the unified government shall provide for a feasibility study of the proposed sale. Such study shall be conducted by a person which has expertise in the area of valuation, appraisal of the utility proposed to be sold. Such feasibility report and summary thereof shall be available for public inspection. The governing body of the unified government shall provide notice of a public hearing prior to taking any action concerning any recommendation contained in the feasibility study, including the sale (other than a sale in connection with a sale-leaseback or other financing transaction approved by the board and the governing body of the unified government) of such utility. The notice of the hearing shall be published once each week for two consecutive weeks in the official unified government newspaper. Such notice shall be published no later than one week before any public hearing. Following the hearing, the governing body may, by resolution, advertise for and receive proposals for the purchase of the utility. The governing body may accept or reject any or all bids. If a bid is accepted, the governing body shall adopt a resolution accepting such bid and calling for an election to be held on the question.
(d)
If a majority of the voters approve the sale of any utility owned by the unified government, the governing body may proceed with such sale.
(e)
Nothing in this section shall be construed as requiring an election for the governing body of the unified government upon recommendation from the board to approve the sale of any facilities of a utility when the board determines said facilities are no longer necessary for the provision of utility services or products to its customers, and when the board shall thereafter continue to provide such utility service or product to such customers.
(a)
The board shall fix reasonable rates for utility services and products furnished to its consumers which: (1) will secure an income sufficient to pay all salaries and wages of all officers and employees of any utility; (2) will cover the cost of all materials and supplies used in the operation of any utility; (3) will cover the cost of all repairs of any utility; (4) will cover all miscellaneous expenses of any utility; (5) will pay contractual and other financial obligations of the board or the unified government incurred for the purpose of purchasing, improving or extending any utility, including multi-year obligations directly or indirectly related to the payment of the principal of and interest upon revenue bonds, and will provide a sinking fund sufficient to pay the principal of and the interest on such indebtedness at maturity; and (6) will cover the cost of all repairs and renewals of any utility and all material used, together with a reasonable allowance for emergency and unforeseen expenses.
(b)
Upon direction of the unified government, the board shall install, repair, maintain, replace and remove fire hydrants, street lighting equipment and traffic signal equipment at a reasonable cost determined by the unified government and shall provide an adequate water supply through such hydrants and an adequate supply of electricity to such street lights and traffic signals at a reasonable cost determined by the unified government. The unified government may fix special rates for utility services and products furnished to the unified government for public purposes, or to organized institutions of charity.
(a)
Prior to the effective date of an increase in any rate fixed pursuant to the authority of section 20 hereof, the board shall hold a public hearing for the purpose of presenting to the public the findings of the board supporting the reasonableness of the proposed rate increase. The findings shall include all pertinent financial data, supporting documents and analysis relating to the rate increase. Any affected utility customer may appear at the public hearing and present testimony of witnesses under oath, conduct cross examination of employees and representatives of the board, present oral argument and file written briefs in support of such customer's position. Notice of the time and place of the public hearing and the amount of the proposed rate increase shall be given by publication in a newspaper of general circulation within the city at least 90 days prior to the public hearing. Not less than 90 days prior to the public hearing, the board shall make available for review by any affected customer during regular business hours the financial data, supporting documents and analysis in possession of the board which substantiates the findings supporting the proposed rate increase. The public hearing shall be conducted pursuant to procedures adopted by the board not inconsistent with the provisions of this section. A transcript shall be made of the public hearing and copies of the transcript shall be made available to the public upon payment of the cost thereof. The public hearing may be continued by the board from time to time and within five days after its completion, the board shall fix such rates as it deems justified pursuant to its findings and the evidence presented at the public hearing.
(b)
As used in this section:
(1)
"Party" means any affected utility customer who intervened at the public hearing of the board held pursuant to [sub]section (a) above, and presented testimony of witnesses under oath, conducted cross examination of employees and representatives of the board, presented oral arguments, and filed written briefs. "Party" does not mean a person who made a limited appearance for the purpose of presenting a statement for or against a rate decision of the board.
(2)
"Decision" means any rate decision of the board made pursuant to [sub]section (a) above.
(c)
Not later than 30 days after the decision of the board is rendered on a proposed rate increase pursuant to [sub]section (a) above, any party may apply to the district court in the county in which the utility's administrative offices are located for a review of the decision.
(d)
Upon the application for review by a party, the clerk of the district court shall serve a copy of such application upon the board. The secretary of the board shall notify by certified mail all parties that such an application for review has been filed.
(e)
The secretary of the board upon receipt of the copy of the application for review shall transmit to the clerk of the court a certified transcript of all pleadings, applications, proceedings and decisions of the board and of the evidence heard by the board on the public hearings of the matter or cause. The parties, with the consent and approval of the board, may stipulate in writing that only certain portions of the record be transcribed.
The district court shall review the transcript of the public hearings for the purpose of determining the lawfulness or reasonableness of the board's decision. The court shall have the power to vacate or set aside the board's decision if it determines the findings of the board do not substantiate the reasonableness of the proposed rate increase or that the findings are contrary to law.
After the transcript is filed with the clerk of the court, the court shall fix a date for the filing of briefs and for the hearing of the cause. The review proceedings shall have precedence over all other matters in the district court in which it is pending and shall be heard by the court without a jury. Except as provided in this section, the procedure for the review shall be the same as in other civil actions.
(f)
Upon request of the petitioning party, any utility rate increase which is the subject of review shall be stayed in whole or in part, as requested, upon the filing of the petition. Upon request of the board, the district court shall set a hearing upon five days' notice to determine whether the stay should be continued. If the stay or suspension is continued, the order granting the same shall contain a specific finding based upon evidence submitted to the court and identified by reference thereto, that petitioner would probably prevail on the merits that the board's rate decision was unlawful or unreasonable.
(g)
If the court finds the decision of the board is lawful and reasonable, it shall render judgment sustaining the decision. The clerk of the court shall transmit to the board three certified copies of the judgment of the court. In such event, the board's rate decision will go into effect as of the date such decision was made.
If the court finds the decision of the board is unlawful or unreasonable in whole or in part and vacates or sets aside the decision in whole or in part, the court shall make findings of fact and conclusions of law. Upon final judgment, the clerk of the court shall transmit to the board three certified copies of the judgment of the court and the findings of fact and conclusions of law.
(h)
The state court of appeals shall have jurisdiction of appeals from decisions of the district court made pursuant to this section. Appellate proceedings shall have precedence in the court of appeals. Notwithstanding the provisions of K.S.A. 60-2101, the state supreme court shall not have appellate jurisdiction of decisions of the district court or state court of appeals rendered pursuant to this section. Except as provided by this section, the procedure upon appeal shall be the same as in other civil actions.
In case the board shall deem it necessary and expedient to vote general obligation bonds for the acquisition, construction, extension or improvement of a utility, for the purpose of producing and supplying the unified government and its inhabitants with utility services or products it shall be the duty of the mayor/chief executive of the unified government, within 30 days after receiving written request from the board, to issue a proclamation for holding an election to vote such general obligation bonds in the amount requested by the board and agreed to by the unified government.
If a majority of the votes cast at such election shall be in favor of the issuance of such bonds the governing body of the unified government may issue and sell such bonds in such amounts and at such time or times as are needed, the proceeds thereof to be delivered to the treasurer of the board. The election provided for in this section shall be held in accordance with the general obligation bond election laws of the State of Kansas, and the cost thereof, if held on dates other than the regular city elections, shall be paid by the board.
Section 23. The amount of general obligation bonds which may be issued under the provision of this Charter ordinance for the acquisition, improvement or extension of a utility, or any portion thereof, shall not be in excess of ten percent of the assessed value of all tangible taxable property within the city, regardless of any other debt limitation statute, and they shall not be counted under any statute limiting the issuance of general obligation bonds for other purposes.
(a)
The governing body of the unified government is hereby authorized to grant, to any person engaged in the business of manufacturing and distributing utility services or products, the right to furnish, distribute and sell utility services and products to customers within the city or other area in which the board exclusively supplies utility services and/or products, when and only when such customers have first made application to the board for a supply of a utility service or product and the board has refused to furnish said utility service or product.
(b)
When granting to any person the right to furnish, distribute and sell utility services or products to customers within the city or other area in which the board exclusively supplies utility services and/or products, such grant shall be made only through the enactment of an ordinance for such purpose by the governing body of the unified government. The ordinance shall be read at three consecutive regular meetings of the governing body and published in full once each week for two consecutive weeks in the official unified government paper before becoming effective. The ordinance shall not grant the right to furnish and sell utility services or products to more than one customer or grant the right to furnish and sell utility services or products to any customer for a period exceeding five years from the effective date of the ordinance.
(a)
The unified government is hereby empowered to acquire, construct, reconstruct, alter, repair, improve, extend, or enlarge any utility or portion thereof; to issue and sell revenue bonds in payment of the costs thereof, in the manner prescribed by and subject to the provisions of [sub]section (f) hereof; and to fix by ordinance or resolution such rates, fees or charges for the use thereof or service therefrom as may be reasonable and necessary, and provide for the manner of collecting and disbursing such revenues. The unified government may at any time deemed advisable issue and sell refunding revenue bonds to refund any previous issue or issues or part thereof which are outstanding either at or prior to their maturity. Such refunding revenue bonds shall be issued in the manner prescribed by and subject to the provisions of K.S.A. 10-116a.
(b)
Revenues derived from the operation of utilities financed in whole or in part by revenue bonds authorized by this section shall be paid to the unified government or to the board and kept in a separate fund or shall be paid to a trustee bank or financial institution to hold on behalf of the board or the unified government, and shall be used for the purpose of paying the cost of the operation, repair, maintenance, acquisition, construction, extension, enlargement, alteration, reconstruction and improvement of such utilities or other purposes approved by the unified government and paying the principal of, and the interest upon, the revenue bonds issued thereunder and paying other financial and contractual obligations, including multi-year obligations, directly or indirectly related to the payment of the principal of and interest upon, the revenue bonds issued thereunder. Any surplus may be used to pay the principal of and interest upon any and all general obligation bonds outstanding, issued for the purpose of acquiring, constructing, extending or improving said utilities.
(c)
Such revenue bonds are hereby made a lien on the revenues produced from any utility or combination of utilities, but shall not be general obligations of the issuing municipality, and shall not contain the recitals set forth in K.S.A. 10-112, and any amendment thereof, but shall contain recitals stating the authority under which said bonds are issued; that they are issued in conformity with the provisions, restrictions and limitations of that authority, that such bonds and the interest thereon are to be paid by the unified government from the revenues derived from the rates, fees or charges herein mentioned, and not from any other fund or source, that the same have been registered in the offices of the clerk of the unified government and the treasurer of the State of Kansas, respectively, and that said bonds are negotiable.
All such bonds, when registered and issued as herein provided, shall import absolute verity and shall be conclusive, in favor of all persons purchasing said bonds, that all proceedings and conditions precedent have been had and performed to authorize the issuance thereof, and such bonds shall be negotiable and may be issued in addition to the statutory limit of bonded indebtedness of the unified government. No municipality shall have authority to levy taxes to pay the principal of or interest upon revenue bonds issued under the terms of this section, and the provisions of K.S.A. 10-113 shall not apply to bonds issued hereunder.
(d)
Such revenue bonds shall mature not more than forty years after the date of their issuance. Said bonds shall be sold in such manner as the unified government determines and shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, payable in the manner determined by the unified government. The total amount of bonds which may be issued under the terms of this section shall not exceed the cost of the project and any related reserves and cost of issuance.
(e)
Provisions shall be made, by appropriate enactment by the board, pursuant to the direction of the unified government, for the payment of the bonds; and it shall be the duty of the governing body of the board to fix rates, fees, or charges for the use or services rendered by any utility, which rates, fees or charges shall be sufficient to pay the cost of acquisition, construction, operation, repair, maintenance, extension, enlargement, alteration, reconstruction and improvement of such utility and pay the principal of, and interest upon, the revenue bonds when due.
The ordinance or resolution of the unified government authorizing the issuance of revenue bonds provided for in this section may contain such other covenants, agreements and restrictions as may be deemed necessary or advisable by the body enacting the ordinance or resolution to insure the payment of the revenue bonds authorized and issued hereunder, but in no event shall the holder of such revenue bonds have a lien upon the tangible property of any utility, nor shall the operation, management, or control of any utility be taken from the unified government or its board.
(f)
The board, by a two-thirds vote thereof, may request the unified government to issue revenue bonds for the acquisition, construction, reconstruction, alteration, repair, improvement, extension, or enlargement of any utility, or any portion thereof, and may contract for the same, without submitting to a vote of the qualified electors within the city such proposal to acquire, construct, reconstruct, alter, repair, improve, extend or enlarge any utility, or to issue revenue bonds in payment of the cost thereof. Before the board contracts for the acquisition, construction, reconstruction, alteration, repair, improvement, extension, or enlargement of any utility to be paid for by revenue bonds, the governing body of the unified government shall cause to be published in the official paper of the unified government, a notice of its intention to do so, which notice shall describe the nature of the proposed acquisition, construction, reconstruction, alteration, repair, improvement, extension, or enlargement, state the total amount of the cost thereof, and the amount of the revenue bonds proposed to be issued in payment thereof.
If within 15 days after the publication, as aforesaid, of such notice, there shall be filed with the unified government clerk a written protest against such acquisition, construction, reconstruction, alteration, repair, improvement, extension, or enlargement, and such bond issue, signed by not less than twenty percent of the qualified electors within the city, the governing body of the unified government thereof shall thereupon submit such proposed project and proposed bond issue to the qualified electors within the city at a special election to be called for that purpose, to be held not later than 60 days after the filing of such protest or not later than 90 days, should the longer period include a regular city election or general election. In the event a majority of such electors voting on such proposition at such election shall vote in favor thereof, such acquisition, construction, reconstruction, alteration, repair, improvement, extension, or enlargement, shall be made, and the revenue bonds may be issued in payment of the cost thereof.
(g)
When two-thirds of the board shall deem it necessary and expedient that revenue bonds be issued for any of the purposes provided for herein, it shall be the duty of the governing body of the unified government within ten days after receiving written request from the board to take the necessary steps to determine the necessity for the issuance of such revenue bonds and the governing body of the unified government may issue and sell such bonds as it determines necessary, the proceeds thereof to be delivered to the treasurer of the board or to a trustee bank or financial institution to hold on behalf of the board.
Section 26. The board is hereby authorized in its discretion to contract for the acquisition, construction, repair, extension, reconstruction, alteration, improvement or enlargement of any utility in accordance with the provisions and requirements of any federal act applicable thereto, and rules promulgated thereunder, and to use any fund that may be available for such acquisition or construction in such manner as will comply with the provisions of any such act and rules promulgated thereunder, including any grant or grants of money therein provided, and to do all other acts and things necessary to be done in order to comply with the provisions of any such federal act and rules promulgated thereunder.
Section 27. 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 28. That Charter Ordinances Nos. 106, 115 and CO-3-00 are hereby repealed.
Section 29. This ordinance shall be published once each week for two consecutive weeks in the [City of] Kansas City, Kansas.
Section 30. 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 1st DAY OF NOVEMBER, 2001.
Carol Marinovich
Mayor/CEO
Attest:
Tom G. Roberts
Unified Government Clerk
Approved as to Form:
Harold T. Walker
Chief Counsel