Charter Ordinance Process
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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.
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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,
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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~