A CHARTER ORDINANCE OF THE CITY OF MAIZE, KANSAS, EXEMPTING SUCH CITY FROM THE PROVISIONS OF K.S.A. 12-1758 AND K.S.A. 12-1767 RELATING TO PUBLIC BUILDING COMMISSIONS AND THE ISSUANCE OF REVENUE BONDS THEREBY, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO.

Section 1. Exemption – K.S.A. 12-1758. The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1758 and does hereby provide the following substitute and additional provisions in place thereof:

(a)        The City, by appropriate ordinance, may create a public building commission for any one or more of the purposes of acquiring fee simple title or a leasehold interest in one or more sites, and of constructing, reconstructing, equipping and furnishing, or purchasing or otherwise acquiring, one or more buildings, improvements to public parks, or other facilities of any kind which are of a revenue producing character, including indoor and outdoor parking and recreational facilities, and including any type of equipment in relation to any of the foregoing. Any such sites, buildings, facilities or equipment shall be maintained and operated for any public purpose by any city, county or school district, by any federal governmental agency or instrumentality, by the State of Kansas or any agency or instrumentality thereof, by any other municipal or quasi-municipal corporation, political subdivision or body politic or agency or instrumentality thereof, or by any non-profit corporation organized under the laws of the State of Kansas.

(b)        A public building commission created by the City may acquire fee simple title or a leasehold interest in land, buildings and facilities adjacent to or near any educational institution under the supervision and/or control of the state board of regents or may acquire by lease land, buildings and facilities constituting a part of the campus of any such institution. Any public building commission may construct, reconstruct, equip and furnish such buildings or facilities on such land and lease such land, buildings and facilities to the official governing body of such institution. Any such lease entered into shall pledge the net revenue from such land, buildings and facilities.

Section 2. Exemption – K.S.A. 12-1767. The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1767 and does hereby provide substitute and additional provisions in place thereof as follows:

(a)        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 K.S.A. 12-1757 et seq., as amended by this Charter Ordinance. Before any revenue bonds are authorized or issued under the provisions of K.S.A. 12-1757 et seq., as amended by this Charter Ordinance, the public building commission shall adopt a resolution specifying the amount of such bonds and the purpose of the issuance thereof.

(b)        The resolution adopted by such public building commission shall be published one time in the official City newspaper and in a newspaper having general circulation in the county where the City is located if the lease is with such county or a school district located within such county. The resolution shall become effective upon such publication(s). If the public building commission intends to enter into a lease with a county or school district the resolution shall contain, and if the public building commission is entering into a lease with the City or any other authorized entity the resolution may contain a provision that if within 30 days after the last required date of publication of the resolution, a petition in opposition to the resolution, signed by not less than 5% of the electors of the City, or 5% of the electors of the county or school district if the lease is with such entities, is filed with the Clerk of the City, the public building commission shall not have the authority to issue such bonds until such question is submitted by the election officer of the county where the City is located to the electors of the entity proposing to enter into the lease with the public building commission at an election called for that purpose or at the next general election. As an alternative to the foregoing, the resolution may require that the public building commission shall not have the authority to issue such bonds until such question is submitted by the election officer of the county where the City is located to the electors of the entity proposing to enter into the lease with the public building commission at an election called for that purpose or at the next general election. Any such election shall be conducted in the manner set forth in K.S.A. 10-120.

(c)        No construction contract shall be let or approved by a public building commission until after the publication of the resolution adopted pursuant to subsection (a) hereof, or if such resolution contains a provision requiring a provision for protest or an election upon the expiration of the protest period or a successful election, if required, as provided under subsection (b) hereof.