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Charter Ordinance Process ....--_. - November 1, 2004 Pool/Aquatic Facility Project General Obligation Bonds - Authorization Methods OPTION A. BY CHARTER ORDINANCE The City of Salina does not currently have direct statutory authorization to issue $3 million in bonds for long-term financing of a pool project in the parks and recreation system. As with bonds for the Animal Shelter Project, certain water and sewer system enhancements, and certain minor street projects, the City can use its constitutional home rule authority to establish that capability. This is done through approval of a Charter Ordinance. · Extraordinary Majority - A Charter Ordinance establishing authority for issuance of up to $3 million in G.O. Bonds for a pool project would require a 2/3 majority (4 members) of the City Commission to vote in favor of it. · WaitinQ Period - Any Charter Ordinance approved by the City Commission does not go into effect until 60 days after its passage and first publication. During this time, the public may petition to require a referendum on the matter. If there is no valid petition, the Charter Ordinance becomes effective on the 61st day after publication. · Petition - A petition is sufficient if 10% of the number of voters who voted in the last regular city election sign it and it is filed during the 60 day period. In the April 2003 city general election, the number voting was 5.736. Therefore, 574 signatures would be needed on a protest petition to mandate a public vote on the issue of general obligation bond issuance for a pool project. · Election Date - In order to avoid the cost of a special election ($15,000), action would need to occur in time to make the matter available for the April 2004 City general election. No other elections are scheduled until August 2006. ~- .. November 1, 2004 . Sample Schedule - As a practical matter, to enable this issue to be resolved on or before the April 2005 city elections, the Commission would have to take action on a Charter Ordinance by mid-December. December 13, 2004 - First Reading December 20, 2004 - Second Reading December 22, 2004 - First Publication December 29, 2004 - Second Publication (starts 60 day waiting period) February 28, 2005 - 60 day protest period ends February 28, 2005 - Commission action to place on April 5, 2005 ballot if a valid protest petition has been filed. April 5, 2005 - City Election OPTION B. BY PLACING DIRECTLY ON BALLOT The City Commission can by a simple majority vote (3 votes) place on the April 5, 2005 ballot the question of issuance of up to $4 million in G.O. Bonds for a pool project. That Commission action could take place as late as February 28, 2005. " (Published in the Salina Journal on October 24 & 31, 2003 Effective December.3l2003) CHARTER ORDINANCE NUMBER 33 A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS FROM THE PROVISIONS OF K.S.A. 13-10243; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO GENERAL IMPROVEMENTS AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IMPROVEMENTS; AND REPEALING CHARTER ORDINANCE NUMBER 31 AND CHARTER ORDINANCE NUMBER 32. BE IT ORDAINED by the governing body of the City of Salina, Kansas: Section 1. Election to Exeml't. The City of Salina, Kansas (the "City") by virtue of the powers vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and hereby make inapplicable to it Section 13-1024a, Kansas Statutes Annotated, that applies to the City, but is part of an enactment which does not apply uniformly to all cities, and thereby provides substitute and additional provisions on the same subject as hereinafter provided. Section 2. Substitute and Additional Provisions. The City of Salina, Kansas hereby adopts the foIlowing substitute and additional provisions for Section 13-1024a, Kansas Statutes Annotated: As a complete alternative to all other methods provided by law, the city may borrow money and issue its bonds for the purpose of paying the project cost (which may include acquisition of interests in real estate and architectural, engineering, and other professional services) for the foIlowing categories of projects: Project Category Description A. Streets. Construction, reconstruction, improvement or repair of any street or roadway located within or partially within the city limits and not designated as a main trafficway pursuant to K.S.A. 12-685 et seq. B. Bridges and Viaducts. Construction, reconstruction, improvement or repair of any bridge or viaduct located within or partially within the city limits and not located on a street designated as a main trafficway pursuant to K.S.A. 12-685 et seq. C. Public Parks. Acquisition of land for public park purposes and acquisition, construction, reconstruction, improvement and repair of park and recreation facilities, whether located inside or outside the city limits. D. Public Buildings. Acquisition, construction, reconstruction, improvement or repair of public buildings or acquisition of land for the construction, reconstruction, improvement or repair of public buildings, whether located inside or outside the city limits. E. Storm Water Drainage Svstems. Improvement, extension, or repair of storm water drainage systems, whether located inside or outside the city limits. F. Water Works and/or Sanitary Sewer Systems. Improvement, extension, or repair of the city-owned water works and/or sanitary sewer systems, and appurtenances thereto, whether located inside or outside the city limits. G. Animal Shelter. Construction of an animal shelter. Issuance of bonds by the city pursuant to this charter ordinance shall require authorization by a majority of the votes cast at an election held for that purpose, - except, however, that in any calendar year the city may issue bonds pursuant to this charter ordinance without an election, as follows: (1) a maximum of $250,000 under each of project categories A through E; (2) a maximum of $2,000,000 under project category F; and (3) a maximum of $900,000 for project category G. 'Section 3. Repealer. That Charter Ordinance Number 31 and Charter Ordinance Number 32 of the City of Salina, Kansas, are hereby repealed. Section 4. Publication of Ordinance. This Charter Ordinance shall be published once each week for two consecutive weeks in the official City newspaper. Section 5. Effective Date. This Charter Oroinance shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed requiring a referendum to be held on this ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon. Passed by the governing body, not less than two-thirds of the members elect voting in favor thereo f. Introduced: Passed: October 6, 2003 October 20, 2003 Aye: 5 Nay:~~ Ok!.lt~