A CHARTER ORDINANCE PERTAINING TO THE PURCHASE, REPAIR OR REPLACEMENT OF CERTAIN EQUIPMENT, APPARATUS OR MACHINERY; BORROWING MONEY AND ISSUING GENERAL OBLIGATION BONDS OF THE CITY; EXEMPTING THE CITY OF MARYSVILLE, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-110a ET SEQ. AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

Section 1.         The City by the power vested in it by Article 12. Section 5, Subparagraph (c)(3) of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of the Act and to provide substitute and additional provisions as hereinafter set forth in this Charter Ordinance. Such referenced provisions are either enactments or a part or parts thereof that are applicable to this city but are not applicable uniformly to all cities.

Section 2.         The City does hereby provide substitute and additional provisions in place of those found at K.S.A. 12-110c as follows:

(a)        The City may by appropriate resolution, authorize the repair, replacement or acquisition of equipment, apparatus or machinery necessary for law enforcement, ambulance, emergency medical service, and fire protection purposes and may provide for the payment of the cost thereof by the issuance of general obligation bonds of the City; and

(b)        The general obligation bonds of the City issued for such purposes shall not be subject to the notice protest period and referendum requirements, or limitations on maturity, as provided in K.S.A. 12-110a et seq.

(c)        Whenever it is determined that general obligation bonds of the City should be issued for the purposes authorized herein, the governing body of the city shall adopt an ordinance authorizing such issuance citing Article 12, Section 5, Subparagraph (c)(3) of the Constitution of the State of Kansas and this Charter Ordinance. Such general obligation bonds shall be authorized by the governing body without further action, but shall be issued, sold and delivered in compliance with the provisions of K.S.A. 10-101 et seq., when such provisions are not in conflict with the ordinance.

(d)        In the event it is determined that the project authorized pursuant hereto should be funded in whole or in part by the issuance of the City’s general obligation bonds, the City is hereby authorized to issue temporary notes from time to time by resolution in an amount not exceeding the amount of general obligation bonds to be issued to pay the costs of the project. Such issuance, as permitted hereunder, shall be further authorized and limited to the same extent as is the issuance of temporary notes pursuant to K.S.A. 10-123, as amended.

Section 3.         If any provision or provisions of this Charter Ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Charter Ordinance that can be given effect without the invalid provisions or applications, and to this end the provisions of this Charter Ordinance are severable.

Section 4.         The provisions of this Charter Ordinance are supplemental to an alternative to all other statutes and ordinances relating to such equipment, apparatus or machinery and the issuance of bonds for the payment of the cost thereof and, subject to the limitations hereof shall not be construed to prevent the City from using other available statutes or ordinances.

(09-16-2002)