A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 11 OF THE CITY OF HILLSBORO, KANSAS ORIGINALLY EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-1758 AND PROVIDING SUBSTITUTE PROVISIONS THEREFOR; AND FURTHER EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-1767 AND PROVIDING SUBSTITUTE PROVISIONS THEREFOR ON THE SAME SUBJECT RELATING TO PUBLIC BUILDING COMMISSIONS.

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. 12- 1758 and provided certain substitute provisions for such statute; and

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

WHEREAS, the governing body of the City finds and determines it necessary and advisable to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1767 (which relates to the same subject matter as Charter Ordinance No. 11) and to provide substitute provisions for such statute.

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 elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1767. The City hereby further confim1s its exemption from K.S.A. 12-1758 pursuant to its Charter Ordinance No. 11, and hereby provides substitute provisions for each statute 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 No. 11 Providing Substitute Provisions for K.S.A. 12-1758. Section 2 of Charter Ordinance No. 11 is 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 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 or other facilities, including all furnishings and equipment, maintained and operated by the City as a public 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 to the extent necessary to include the construction, equipping and furnishing of public recreational facilities and, except to the extent specifically amended hereby, Charter Ordinance No. I 1 shall remain in full force and effect.

Section 4.         Substitute Provisions for K.S.A. 12-1767. Any revenue bonds proposed to be issued by a public building commission created by the 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 the Public Building Commission Act as exempted and amended by this Charter Ordinance. The issuance of any such revenue bonds shall not be subject to any petition or protest.

(01-18-2005; Amended by C.O. No. 18)