APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 18

A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 11 AND CHARTER ORDINANCE NO. 14 OF THE CITY OF HILLSBORO, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-1758 AND PROVIDING SUBSTITUTE PROVISIONS THEREFOR RELATING TO PUBLIC BUILDING COMMISSION.

WHEREAS, the governing body of the City of Hillsboro, Kansas previously adopted Charter Ordinance No. 11 of the City on November 18, 1997 and published the same in the official newspaper of the City on November 26, 1997 and December 3, 1997,which Charter Ordinance No. 11 became effective sixty-one days following the second publication; and

WHEREAS, Charter Ordinance No. 11 exempted  the City from the provisions of K.S.A. I 2-1758 and provided certain substitute provisions for such statute; and

WHEREAS, the governing body of the City of Hillsboro, Kansas previously adopted Charter Ordinance No. 14 of the City on January 18, 2005 and published the same in the official newspaper of the City on January 27, 2005 and February 3, 2005, which Charter Ordinance No. 14 became effective sixty-one days following the second publication; and

WHEREAS, Charter Ordinance No. 14 amended Charter Ordinance No. 11 exempting the City from the provisions of K.S.A. 12-1758 and provided certain substitute provisions for such statute and exempted the City from the provisions of K.S.A. 12-1767; and

WHEREAS, the governing body of the City finds and determines it necessary and advisable to amend Charter Ordinance No. 11 and Charter Ordinance No. 14 of the City.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HILLSBORO, KANSAS AS FOLLOWS :

Section 1. Exemption from Statute. The City, pursuant to Article  12, Section 5 of the Constitution of the State of Kansas, hereby confirms its exemption from K.S.A. 12-1758 pursuant to its Charter Ordinance No. 11 and K.S.A. 12-1767 pursuant to its Charter Ordinance No. 14, and hereby provides substitute provisions for K.S.A. 12-1758 as hereinafter set forth in this Charter Ordinance. Both statutes would otherwise be applicable to the City, but both are part of an enactment which is not uniformly applicable to all cities.

Section 2. Amendment to Charter Ordinance Nos. 11 and 14 Providing Substitute Provisions for K.S.A. 12-1758. Section 2 of Charter Ordinance No. 11 and Section 2 of Charter Ordinance No. 14 are hereby amended by replacing it with the following:

       SECTION 2. The City, by ordinance, may create a public building commission (the "Commission") for the purpose of acquiring a site or sites within Marion County, Kansas (the "County") for construction, reconstruction, equipping and furnishing a building or buildings or other facilities of a revenue producing character, including parking facilities, and for purchase or otherwise acquiring such building or buildings or facilities. Such building or buildings or other facilities shall be maintained and operated for the affairs and activities of a health care facility, 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, doing business, maintaining an office or rendering a public service within the County. Without in any way limiting the generality  or scope of the foregoing, such buildings or facilities may specifically include buildings, parking, or other facilities, including all furnishings and equipment, maintained and operated as, or for the benefit of, a hospital or public recreational facilities, including but not limited to an aquatic center and/or swimming pool.

Section 3. Amending Charter Ordinance. This Charter Ordinance  supplements and amends Charter Ordinance No. 11 and Charter Ordinance No. 14 to the extent set forth herein and, except to the extent specifically amended hereby, Charter Ordinance No. 11 shall remain in full force and effect.

(08-11-2016)