CHARTER RESOLUTION NO. 1-86

A RESOLUTION ESTABLISHING THE AUTHORITY AND PROCEDURE FOR WYANDOTTE COUNTY, KANSAS, TO ACQUIRE PUBLIC BUILDINGS AND SITES, TO REPAIR OR CONSTRUCT ADDITIONS AND IMPROVEMENTS THERETO, TO ISSUE ITS GENERAL OBLIGATION BONDS THEREFOR, EXEMPTING THE COUNTY FROM PART OF THE PROVISIONS OF K.S.A. 19-1510, 19-1511 AND 19-1512 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT IN ACCORDANCE WITH THE AUTHORITY OF K.S.A. 19-101 [ET SEQ.] AND ALL AMENDMENTS THERETO.

WHEREAS, the board of county commissioners of Wyandotte County, Kansas (the "county"), has been authorized pursuant to K.S.A. 19-1510 et seq., to erect, construct, reconstruct or improve a courthouse and to construct additions and improvements thereto and to issue its general obligation bonds for the purpose of paying the costs and expenses thereof, and

WHEREAS, K.S.A. 19-101 et seq., as amended (the "Home Rule Act") authorizes the county to exercise and enforce such powers of local legislation and administration as it deems appropriate, subject to certain limitations not applicable hereto, and

WHEREAS, K.S.A. 19-101b specifically authorizes the county by Charter resolution to elect that the whole or any part of any act of the legislature applying to the county (other than certain acts containing limitations, restrictions and prohibitions set out in subsection (a) of K.S.A. 19-101a not herein applicable) shall not apply to the county, and

WHEREAS, the home rule powers delegated to the county by the Home Rule Act require that, pursuant to the provisions of K.S.A. 19-101a(b), the county adopt a Charter Resolution in order to exercise such powers if the local legislation proposed by the county is contrary to an act of the legislature which is applicable to the county but not uniformly applicable to all counties.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WYANDOTTE COUNTY, KANSAS, AS FOLLOWS:

Section 1. The board of county commissioners of Wyandotte County, Kansas, hereby finds and determines that: (1) it is necessary to exercise home rule powers of local legislation as authorized by the Home Rule Act and further to exercise such authority specifically in accordance with K.S.A. 19-101b; and (2) it is in the best interest of the county to elect that it be exempted from the provisions of K.S.A. 19-1510, 19-1511 and 19-1512 and that certain hereinafter following provisions of local legislation on the same subject be substituted and added thereto with respect to the county's authority to erect, construct, reconstruct, repair or improve a courthouse and other necessary or convenient public buildings and sites, to construct additions and improvements thereto and to pay for the same by the issuance of the county's general obligation bonds.

Section 2. The County hereby elects to exempt itself from and make part of K.S.A. 19-1510 inapplicable to the county and to provide substitute and additional provisions on the same subject as follows:

The County is hereby authorized to erect, construct and acquire in any manner a public building or buildings, including any grounds or sites therefor and to repair or construct additions and improvements thereto; and to pay the costs and expenses thereof by the issuance of its general obligation bonds without the same being authorized by an election called or held for such purpose; and none of the restrictions and limitations respecting the amount of county indebtedness contained in any of the laws of the State of Kansas shall apply to or in any way affect the issuance of the bonds authorized by this Charter Resolution or any bonds so issued; and such bonds shall be subject only to the limitations contained herein.

Section 3. The county hereby elects to exempt itself from and make part of K.S.A. 19-1511 inapplicable to the county and to provide substitute and additional provisions on the same subject as follows:

The county is hereby authorized to employ or contract with any and all persons, corporations and entities necessary and convenient to give effect to the powers authorized to be exercised by the county in this Charter Resolution. No action shall be brought to restrain the exercise of such power, or the payment of any consideration therefor, or the levy of tax or the issuance of bonds therefor, on the ground of any illegality or irregularity in receiving any bid or awarding any contract or in any proceedings prior thereto unless such action be commenced within 30 days after the date of the execution of the contract implementing the exercise of the power authorized herein.

Section 4. The county hereby elects to exempt itself from and make part of K.S.A. 19-1512 inapplicable to the county and to provide substitute and additional provisions on the same subject as follows:

General obligation bonds authorized to be issued under the provisions of this Charter Resolution shall be issued in accordance with the provisions of the general bond law of the State of Kansas except as provided to the contrary herein and upon the issuance thereof it shall be the duty of the county annually, at the time of levying other taxes, to levy a tax on all of the taxable, tangible property of the county sufficient to pay the interest on and the principal of such bonds as the same become due.

Section 5. For purposes of this Charter Resolution, the term "public building" shall mean and include any building or structure determined by the board of county commissioners to be necessary or convenient to the county for any public county purpose.

Section 6. Whenever it is determined that the general obligation bonds of the county should be issued for any of the purposes authorized by this Charter Resolution, the board of county commissioners shall adopt a resolution citing both the county's statutory home rule authority and this Charter Resolution which shall describe the scope of the project or projects in reasonable detail, the cost thereof and the amount of general obligation bonds, if any, necessary to pay the cost thereof.

Section 7. The county is hereby authorized to issue its temporary notes to fund the interim costs of the project or projects authorized in this Charter Resolution from time to time by resolution in an amount not exceeding the combined amount of the authorized general obligation bonds and any state or federal funds being made available to pay the costs of the project or projects.

Section 8. This Resolution shall take effect: (1) upon its passage by the unanimous vote of the board of county commissioners, and (2) upon its publication once each week for two consecutive weeks in the official county newspaper, and (3) upon the expiration of 60 days after the second publication in the official county newspaper unless a petition signed by not less than two percent of the county's electors who voted in the last preceding November general election is filed in the office of the county election commissioner demanding that such Charter Resolution be submitted to a vote of the county's electors.

In the event of the filing of such petition, this Charter resolution shall take effect only after it is submitted to a referendum and approved by the electors of the county in the manner provided for in K.S.A. 19-101b.

Section 9. Immediately after this Charter Resolution takes effect a copy thereof shall be recorded in the office of the county election commissioner in a book maintained for that purpose with a statement explaining the circumstances and manner of its adoption and a certified copy shall be filed in the office of the secretary of state in the City of Topeka, Kansas.

ADOPTED this 6th day of March, 1986.