City Code APPENDIX A - CHARTER ORDINANCES
APPENDIX A - CHARTER ORDINANCES
February 01, 2016
APPENDIX A - CHARTER ORDINANCES
June 05, 2010
NOTE: The charter ordinances included herein are for information only. Each of them contains the substance as adopted by the governing body but enacting clauses, publication clauses and signatures have been omitted to conserve space. Complete copies of each charter ordinance as adopted are on file in the office of the city clerk and with the Kansas secretary of state. Date of passage by the governing body of each charter ordinance is shown in parentheses at the end of the text.
CHARTER ORDINANCE NO. 1
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS, FROM K.S.A. 79 1952 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AUTHORIZING AND LIMITING TAX LEVIES IN ANY ONE YEAR ON EACH DOLLAR OF ASSESSED TANGIBLE VALUATION
AND PRESCRIBING AN AGGREGATE FOR ALL CITY-WIDE TAX LEVIES. (Repealed by C.O. No. 4)
CHARTER ORDINANCE NO. 2
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS, FROM SECTION 38 OF CHAPTER 274 OF THE 1968 SESSION LAWS OF KANSAS, WHICH SECTION AMENDED K.S.A. 14-1204; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE ELECTION OF THE MAYOR AND COMMISSIONERS, THEIR TERMS OF OFFICE AND PRESIDING OFFICER.
Section 1. The City of Eureka, Kansas, 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 Section 38, Chapter 274,
1968 Session Laws of Kansas, and provide substitute and additional provisions as hereinafter set forth in this ordinance. Such statutory section is applicable tot his city but is not applicable uniformly to all cities.
Section 2. The mayor, one commissioner of finance and revenue and one commissioner of streets and public utilities shall constitute the board of commissioners and governing body of the city and the mayor shall be presiding officer. They shall be elected for terms of three years and shall hold their offices until their successors are qualified. The governing body member elected in the year 1966 shall have a term expiring in 1969. The governing body member elected in 1967 shall have a term expiring in 1970. The governing body member elected in 1968 shall have a term expiring in 1971.
(12-03-68)
CHARTER ORDINANCE NO. 3
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS, FROM THE PROVISIONS OF SECTION 14-1308 OF THE KANSAS STATUTES ANNOTATED RELATING TO MEETINGS OF THE BOARD OF COMMISSIONERS OF A CITY OF THE SECOND CLASS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.
Section 1. The City of Eureka, Kansas, under the authority of Article XII, Section 5 of the constitution of the State of Kansas, hereby elects to exempt itself from and to make inapplicable to it Section 14 1308 of the Kansas Statutes Annotated which applies to said city, but the provisions of which do not apply uniformly to all cities, and to provide substitute and additional provisions on the same subject.
Section 2. The board of commissioners of the City of Eureka, Kansas, shall meet on each and every 2nd and
4th Tuesday of each month in regular meeting in the city hall of said city, at such times as shall be fixed by said board of commissioners, and take under advisement and act upon such business as may come before them.
Section 3. The majority of said board shall consist of a quorum for the transaction of business, but no final action shall be taken in any manner respecting the department of any agent commissioners, unless such business has been made a special order with notice to such commissioner of such contemplated action or unless such action is taken at a regular meeting of the board.
(03-11-69)
CHARTER ORDINANCE NO. 4
A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 1 OF THE CITY OF EUREKA, KANSAS.
Section 1. The City of Eureka, Kansas, a city of the second class by the power vested in it by the constitution of the State of Kansas, hereby repeals Charter Ordinance No. 1 of the City of Eureka, Kansas, adopted on the
21st day of May, 1968. (08-09-76)
CHARTER ORDINANCE NO. 5
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS, FROM THE PROVISIONS OF THE 1978 SUPPLEMENTS TO KANSAS STATUTES ANNOTATED 75-1117, 75-1120, 75-1121 AND 75-1122, SO AS TO NOT REQUIRE SAID CITY TO MAINTAIN FIXED ASSET RECORDS AND ACCOUNTINGS.
Section 1. That the City of Eureka, Kansas, a city of the second class, who and by virtue of the power vested in it by Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to exempt itself and does hereby exempt itself from the provisions of K.S.A. 75-1117, 75-1120, 75-1121 and 75 1122, as amended by the
1978 supplements thereto, and makes said statutes inapplicable to said city insofar as said statutes require the
City of Eureka, Kansas, to maintain fixed asset records and accountings. (04-23-79)
CHARTER ORDINANCE NO. 6
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS, FROM THE PROVISIONS OF K.S.A. 25-2108a, RELATING TO THE HOLDING OF PRIMARY ELECTIONS WITHIN SAID CITY AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS THERETO.
(Repealed by C.O. No. 9) CHARTER ORDINANCE NO. 7
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS, FROM THE PROVISIONS OF K.S.A. 79-1952, REGARDING THE MILL LEVY LIMITATION FOR LIBRARY PURPOSES AND AIRPORT PURPOSES AND PROVIDING A SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT. (Repealed by C.O. No. 15)
CHARTER ORDINANCE NO. 8
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS, FROM K.S.A. 79-5011; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT; AND AUTHORIZING THE LEVYING OF TAXES TO CREATE A SPECIAL FUND FOR THE PURPOSE OF PAYING UTILITY SERVICE COSTS.
Section 1. The City of Eureka, Kansas, 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 K.S.A. 79-5011 and to provide substitute and additional provisions as hereinafter set forth in this charter ordinance. K.S.A. 79 5011 is a part of an enactment of the legislature establishing an aggregate tax levy limitation applicable to this city but not applicable uniformly to all cities, and the legislature has not established classes of cities for the purpose of imposing aggregate limitations under said constitutional provision.
Section 2. The provisions of K.S.A. 79-5001 to 79-5016, inclusive, shall not apply to or limit the levy of taxes by the City of Eureka for the payment of:
(a) Principal and interest upon bonds and temporary notes;
(b) No-fund warrants issued with the approval of the state board of tax appeals; (c) Legal judgment rendered against the city;
(d) Special assessments charged against the city at large;
(e) Utility service costs, whether paid from a separate property tax levy fund of the city or from any other tax
supported fund;
(f) Employee benefits, whether paid from a separate property tax levy fund of the city or from any other tax
supported fund.
Section 3. The provisions of Article 50 of Chapter 79 of the Kansas Statutes Annotated shall not apply to any taxes levied by the City of Eureka, levied under the provision of K.S.A. 40-2305, 74-4920, 13-1441 or 12-1617h or to any tax levies required for the payment of employer contributions to any pension and retirement program, or to any other taxes authorized by state law to be levied in addition to or exempt from the aggregate levy limitation of the City of Eureka.
Amounts produced from any levy specified or authorized in this ordinance, including any levy or purpose authorized to be levied in addition to or exempt from the aggregate levy limit of the city, shall not be used in computing any aggregate limitation under Article 50 of Chapter 79 of the Kansas Statutes Annotated.
Section 4. The City of Eureka is hereby authorized to levy a tax for the purpose of paying utility service costs. As used in this charter ordinance, utility service costs shall include payments made by the city to a water, electric or natural gas system, company or utility for the purpose of obtaining street lighting or traffic control signals or for the lighting, heating, cooling or supplying of water or energy to any city building or facility or for the operation or performance of any function or service by the city.
(09-22-80)
CHARTER ORDINANCE NO. 9
A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 6 RELATING TO THE HOLDING OF PRIMARY ELECTIONS WITHIN THE CITY OF EUREKA AND MAKING THE PROVISIONS OF K.S.A. 25-
2108a APPLICABLE TO SAID CITY.
Section 1. The City of Eureka, Kansas, under authority of Article 12, Section 5, of the constitution of the State of Kansas, hereby repeals Charter Ordinance No. 6, which said ordinance made the provisions of K.S.A. 25
2108a relating to the holding of primary elections inapplicable to said city.
Section 2. From and after the effective date of this charter ordinance, Charter Ordinance No. 6 shall no longer be applicable to the City of Eureka and the holding of primary elections shall be governed by the provisions of K.S.A. 25 2108a.
(05-29-90)
CHARTER ORDINANCE NO. 10
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS, A MUNICIPAL CORPORATION OF THE SECOND CLASS, FROM THE PROVISIONS OF K.S.A. 12-4112, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME SUBJECT RELATING TO THE ASSESSMENT OF COSTS IN THE MUNICIPAL COURT.
Section 1. The City of Eureka, Kansas, a municipal corporation of the second class, by virtue of the power invested in it by Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to exempt itself and hereby exempts itself form the provisions of K.S.A. 12-4112 inasmuch as said statute prohibits the collection of costs for the administration of justice in municipal courts. The remaining portion of K.S.A. 12-4112 inasmuch as it allows for the collection of witness fees and mileage shall not be affected by the passage of this ordinance.
Section 2. Court Costs. There shall be a $30 assessment taxed to each case filed in the municipal court of the City of Eureka, Kansas, payable by the defendant, if convicted, in addition to all witness fees and mileage as authorized under K.S.A. 12 4411. Said assessment shall be designated as court costs and shall be in addition to any fine or order or restitution as may be imposed by the municipal court judge.
(08-27-90)
CHARTER ORDINANCE NO. 11
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS, A MUNICIPAL CORPORATION OF THE SECOND CLASS, FROM THE PROVISIONS OF K.S.A. 14-103, RELATING TO THE DIVISION OF THE CITY INTO WARDS AND ELECTION AND TERMS OF COUNCIL MEMBERS; K.S.A. 14-201, RELATING TO ELECTIVE AND APPOINTED OFFICERS, THEIR TERMS AND COMPENSATION; AND K.S.A. 14-204, RELATING TO THE ELECTION OF AND RESIDENCY REQUIRED FOR COUNCIL MEMBERS AND VACANCIES IN OFFICE OF MAYOR OR COUNCIL MEMBERS; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS THEREFORE.
Section 1. The City of Eureka, Kansas, a municipal corporation of the second class, by virtue of 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. 14-103, K.S.A. 14-201 and K.S.A. 14-204.
Section 2. The governing body of the City of Eureka, Kansas, shall consist of a mayor, elected at large and six council members. One council member shall be elected from each ward in the city and the remaining three council members shall be elected at large. The current mayor, or his duly appointed successor, shall continue to hold office until April 1999 at which time an election shall be held for the
position of mayor for a four year term and succeeding elections for mayor shall be held every four years thereafter. In addition, the current commissioner of streets and public utilities, or his duly appointed successor, shall continue in office holding the position of council member at large until April 1999 when said position shall be subject to reelection for a four year term. In April 1997, an election shall be held for the remaining two positions of council member at large and for the three council members elected by ward. Council members at large elected in 1997 shall hold office for two years and commencing with the election held in April 1999 and each election thereafter each council member at large shall be elected for four years. Council members from each ward elected in April 1997 shall be elected for four year terms and such positions shall be subject to reelection for succeeding four year terms upon conclusion of the preceding term. Elections shall be held on the first Tuesday of April of each odd numbered year.
Section 3. (Repealed by C.O. No. 13) (09-10-96)
CHARTER ORDINANCE NO. 12
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS, A MUNICIPAL CORPORATION OF THE SECOND CLASS, FROM THE PROVISIONS OF K.S.A. 14-205, RELATING TO THE QUALIFICATIONS OF OFFICERS OF THE CITY; AND AMENDING SECTION 2, ARTICLE 3, CHAPTER 1 OF THE CODE OF THE CITY OF EUREKA; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS THEREFORE.
Section 1. The City of Eureka, Kansas, a municipal corporation of the second class, by virtue of 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. 14-205.
Section 2. Section 2, Article 3, Chapter 1 of the Code of the City of Eureka is hereby amended to read as follows: No person shall be eligible to any appointive office unless he or she shall be a bona fide resident of the city or of the territory within a ten mile radius of such city prior to his or her appointment, except that the city may hire nonresident expert employees or appoint nonresidents as a municipal judge or as law enforcement officers when deemed necessary by the council, including the appointment of nonresidents who also serve as municipal judge or law enforcement officers of another municipality or public agency; provided, that nothing herein shall authorize the appointment of nonresidents of this state.
(05-25-97)
CHARTER ORDINANCE NO. 13
A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 11 RELATING TO APPOINTED OFFICERS AND THEIR TERMS OF OFFICE AND PROVIDING SUBSTITUTE PROVISIONS THEREFOR.
Section 1. The City of Eureka, Kansas, a municipal corporation of the second class, by virtue of the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to amend charter ordinance No. 11 relating to the provisions of K. S.A. 14-201.
Section 2. Section 3 of Charter Ordinance No. 11 is hereby repealed, thereby subjecting the City of Eureka to that portion of K.S.A. 14-20 1 which provides that the Mayor shall appoint by and with the consent of the council officers for a term of one (1) year and until their successors are appointed and qualified.
(05-10-99)
CHARTER ORDINANCE NO. 14
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS, A MUNICIPAL CORPORATION OF THE SECOND CLASS FROM THE PROVISIONS OF K.S.A. 14-205 RELATING TO RESIDENCY REQUIREMENTS OF THE CITY ATTORNEY.
Section 1. The City of Eureka, Kansas, a municipal corporation of the second class by virtue of 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 that provision of K.S.A. 14-205 which requires the City Attorney to be a qualified elector of the county in which said city is located or of an adjoining county.
Section 2. The Mayor of the City of Eureka by and with the consent of the City Council shall appoint a City
Attorney who may be a non-resident of said city but who shall be a resident of the State of Kansas. (05-24-99)
CHARTER ORDINANCE NO. 15
A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO.7, PASSED ON SEPTEMBER 8, 1980, BY THE CITY OF EUREKA, KANSAS.
Section 1. The City of Eureka, Kansas, a city of the second class, hereby repeals Charter Ordinance No. 7, passed by the governing body of the City of Eureka, Kansas on the 8th day of September, 1980.
(07-24-00)
CHARTER ORDINANCE NO. 16
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS FROM THE PROVISIONS OF K.S.A. 12-1692, 12-1697 AND 12-1698 AND PROVIDING FOR SUBSTITUTE AND ADDITIONAL
PROVISIONS ON THE SAME SUBJECT, RELATING TO THE LEVY OF A TRANSIENT GUEST TAX FOR TOURISM AND CONVENTIONS.
Section 1. The city of Eureka, Kansas, by virtue of the power vested in it by Article 12, Chapter 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. 12-1692, 12-1697, and 12-1698 and provide for substitute and additional provisions, as hereinafter set forth in this Ordinance. Such referenced provisions are either enactments of or a part thereof which are applicable to this City, but are not applicable to all Cities.
Section 2. As used in this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them herein:
(a) “Person” - means an individual, firm, partnership, corporation, joint venture or other association of persons; (b) (Repealed by C.O. No. 17)
(c) “Transient guest” - means a person who occupies a room in a hotel, motel or tourist court for not more than twenty-eight (28) consecutive days;
(d) “Business” - means any person engaged in the business of renting, leasing or letting living quarters, sleeping accommodations, rooms or a pafl thereof in connection with any motel, hotel, or tourist court.
Section 3. That a transient guest tax of three percent (3%) shall be levied in the City of Eureka, Kansas, upon the gross rental receipts derived from or paid by transient guests for lodging or sleeping accommodations, exclusive or charges for incidental services or facilities, in any hotel, motel, or tourist court.
Section 4. The taxes levied pursuant to this Ordinance shall be paid by the consumer or user to the Business and it shall be the duty of each and every Business to collect from the consumer or user the full amount of any such tax, or an amount equal as nearly as possible or practicable to the average equivalent thereto. Each,
5iness collecting the taxes levied hereunder shall be responsible for paying it over to the State Department of Revenue in the manner prescribed by the State Department of Revenue, if it elects to collect the same, and the State Department of Revenue, at its election, shall administer and enforce the collection of such taxes. The City of Eureka, through its officers and appointed personnel, shall have authority to administer and enforce the collection of such taxes, in the event the State Department of Revenue elects not to do so.
Section 5. Any tax levied and collected pursuant to this Ordinance shall become due and payable by the Business monthly, on or before the 25th day of the month immediately succeeding the month in which it is collected, with the first payment due and payable on or before the 25th day of the month next following the effective date of this Ordinance, but any person filing an annual or quarterly return under the Kansas retailers’ sales tax act, as prescribed in K.S.A. 79-3607, and amendments thereto, shall, upon such conditions as the Secretary of Revenue may prescribed, pay the tax required by this Ordinance on the same basis and at the same time such person pays the retailers’ sales tax. In the event the State Department of Revenue elects to administer and collect the taxes levied hereunder, each Business shall make a true report to the State Department of Revenue, on a form prescribed by the Secretary of Revenue, providing such information as may be necessary to determine the amounts to which any such tax shall apply for all gross rental receipts for the applicable month or months, which report shall be accompanied by the tax disclosed thereby. In the event the State Department of Revenue elects not to administer and collect the taxes levied hereunder, each Business shall make a true report to the City of Eureka, on a form prescribed and approved by the City Council by resolution, providing such information as may be necessary to determine the amounts to which any such tax shall apply for all gross rental receipts for the applicable month or months, which report shall be accompanied by the tax disclosed thereby. Records of gross rental receipts shall be kept separate and apart from the records of other retail sales made by the Business in order to facility the examination of books and records as provided herein.
Section 6. The Secretary of Revenue (or the Secretary’s authorized representative) and a representative of the City of Eureka shall have the right at all reasonable times during business hours to make such examination and inspection of the books and records of the Business as may be necessary to determine the accuracy of report provided by the Business in accordance with Section 5 of this Ordinance.
Section 7. The Secretary of Revenue, if he or she elects, is hereby authorized to administer and collect any transient guest tax levied pursuant to this Ordinance and to adopt such rules and regulations as may be
necessary for the efficient and effective administration and enforcement of the collection thereof; otherwise, the
City of Eureka may do so. In the event the Secretary of Revenue remits the taxes collected under this
Ordinance to the State Treasurer, upon receipt of each such remittance, the state treasurer may credit 2% of all
taxes so collect to the state general fund to defray the expenses of the department in administration and enforcement of the collection thereof The remainder of such taxes shall be credited to the City of Eureka transient guest tax fund.
Section 8. The director of taxation may provide, upon request by the City of Eureka monthly reports identifying each person doing business in the City of Eureka to which such tax is applicable setting forth the tax liability and the amount of such tax remitted by such business during the preceding month, and identifying each business location maintained by the person within the City of Eureka. The director of taxation shall be allowed to assess a reasonable fee for the issuance of such report.
Section 9. All moneys received by the city treasurer from the transient guest tax fund shall be credited to the tourism and convention promotion fund and shall only be expended for convention and tourism promotion. (05-28-02)
CHARTER ORDINANCE NO. 17
A CHARTER ORDINANCE AMENDING SECTION 2(b) OF CHARTER ORDINANCE NO. 16 PERTAINING TO THE TRANSIENT GUEST TAX AND REPEALING THE ORIGINAL OF SAID SECTION.
Section 1. Section 2(b) of Charter Ordinance 16 is hereby amended to read as follows:
(b) “Hotel, motel or tourist court” - means any structure or building which contains rooms furnished for the
purpose of providing lodging, which may or may not also provide meals, entertainment or various other personal services to transient guests, and which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient or permanent guests and having more than two (2) bedrooms furnished for the accommodation of such guests;
Section 2. The original provisions of Section 2(b) of Charter Ordinance 16 are hereby repealed. (09-09-02)
CHARTER ORDINANCE NO. 18
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS FROM THE PROVISIONS OF K.S.A. 12-1758, K.S.A. 12-1760 AND K.S.A. 12-1767; AND PROVIDING FOR SUBSTITUTE PROVISION ON THE SAME SUBJECT RELATING TO PUBLIC BUILDING COMMISSIONS
Section 1. Election to Exempt From Certain Statutes The City of Eureka, Kansas (the “City’), pursuant to 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. 12-1758, K.S.A. 12-1760 and K. S .A. 12-1767, and to provide such substitute provisions as hereinafter set forth in this Charter Ordinance. Such statutes are applicable to the City, but are part of an enactment which is not uniformly applicable to all cities.
Section 2. Purpose and Function of the Public Building Commission. The City hereby provides substitute and additional provisions in place of K.S.A. 12-1758 as follows:
The City may create a public building commission for the purpose of acquiring a site or sites for and constructing, reconstructing, equipping and furnishing a building or buildings or other facilities of a revenue producing character, including parking facilities, or for purchasing or otherwise acquiring such building or buildings or facilities. Such building or buildings or facilities shall be maintained and operated for the affairs and activities of any federal, state, city, school district or county governmental agency, or any municipal corporation, quasi-municipal corporation, political subdivision or body politic, or agency thereof, or any non-profit corporation organized under the laws of the State of Kansas, doing business, maintaining an office or rendering a public service within the City. Without in any way limiting the generality or scope of the foregoing, such buildings or facilities may specifically include a public library and facilities of a recreational nature including, but not limited to, an aquatic center, parks, athletic fields and shelter houses.
Section 3. Powers of Commission. The City hereby provides substitute and additional provisions in place of
K.S.A. 12-1760 as follows:
A public building commission authorized under K.S.A. 12-1757 et seq., as amended and supplemented including by this Charter Ordinance, shall have the power to do all things necessary or incidental to the purpose of constructing or acquiring or enlarging, furnishing and operating and maintaining buildings or facilities to be made available for use by any federal, state, city, school district or county governmental agency, or any municipal corporation, quasi-municipal corporation, political subdivision or body politic, or agency thereof, or
any non-profit corporation organized under the laws of the State of Kansas, doing business, maintaining an office or rendering a public service within the City.
Section 4. Revenue Bonds Issued by Public Building Commission. The City hereby provides substitute and additional provisions in place of K.S .A. 12-1767 as follows:
Any revenue bonds proposed to be issued by a public building commission created by a city shall be issued as provided in K.S.A. 10-1201 et seq. and amendments thereto, except to the extent that such statutes are in conflict with K.S.A. 12-1757 et seq., as amended and supplemented including by this Charter Ordinance (the “Act”). Before any revenue bonds are authorized or issued under the provisions of the Act, the public building commission shall adopt a resolution specifying the amount of such bonds and the purpose of the issuance thereof. Such resolution shall be published once in the official city newspaper.
Section 5. 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.
(02-14-05)
CHARTER ORDINANCE NO. 18
A CHARTER ORDINANCE EXEMPTING THE CITY OF EUREKA, KANSAS FROM THE PROVISIONS OF K.S.A. 12-1758, K.S.A. 12-1760 AND K.S.A. 12-1767; AND PROVIDING FOR SUBSTITUTE PROVISION ON THE SAME SUBJECT RELATING TO PUBLIC BUILDING COMMISSIONS
Section 1. Election to Exempt From Certain Statutes. - The City of Eureka, Kansas (the “City”), pursuant to 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. 12-1758, K.S.A. 12-1760 and K.S.A. 12-1767, and to provide such substitute provisions as hereinafter set forth in this Charter Ordinance. Such statutes are applicable to the City, but are part of an enactment which is not uniformly applicable to all cities.
Section 2. Purpose and Function of the Public Building Commission. - The City hereby provides substitute and additional provisions in place of K.S.A. 12-1758 as follows:
The City may create a public building commission for the purpose of acquiring a site or sites for and
constructing, reconstructing, equipping and furnishing a building or buildings or other facilities of a revenue producing character, including parking facilities, or for purchasing or otherwise acquiring such building or buildings or facilities. Such building or buildings or facilities shall be maintained and operated for the affairs and activities of any federal, state, city, school district or county governmental agency, or any municipal corporation, quasi-municipal corporation, political subdivision or body politic, or agency thereof, or any non-profit corporation organized under the laws of the State of Kansas, doing business, maintaining an office or rendering a public service within the City. Without in any way limiting the generality or scope of the foregoing, such buildings or facilities may specifically include a public library and facilities of a recreational nature including, but not limited to, an aquatic center, parks, athletic fields and shelter houses.
Section 3. Powers of Commission. - The City hereby provides substitute and additional provisions in place of
K.S.A. 12-1760 as follows:
A public building commission authorized under K.S.A. 12-1757 et seq., as amended and supplemented including by this Charter Ordinance, shall have the power to do all things necessary or incidental to the purpose of constructing or acquiring or enlarging, furnishing and operating and maintaining buildings or facilities to be
made available for use by any federal, state, city, school district or county governmental agency, or any municipal corporation, quasi-municipal corporation, political subdivision or body politic, or agency thereof, or any non-profit corporation organized under the laws of the State of Kansas, doing business, maintaining an office or rendering a public service within the City.
Section 4. Revenue Bonds Issued by Public Building Commission. - The City hereby provides substitute and additional provisions in place of K.S.A. 12-1767 as follows:
Any revenue bonds proposed to be issued by a public building commission created by a city shall be issued as provided in K.S.A. 10-1201 et seq. and amendments thereto, except to the extent that such statutes are in conflict with K.S.A. 12-1757 et seq., as amended and supplemented including by this Charter Ordinance (the
‘Act”). Before any revenue bonds are authorized or issued under the provisions of the Act, the public building
commission shall adopt a resolution specifying the amount of such bonds and the purpose of the issuance thereof Such resolution shall be published once in the official city newspaper.
Section 5. 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.
(02-14-05)