6.1 Charter Ordinance 41 Exempting City from KSA 13-1024a 2nd ReadingCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/09/2022 4:00 P.M.
AGENDA SECTION
NO:
ITEM
NO:
Page I
ITEM: Charter Ordinance No. 41
Second reading of Charter Ordinance No.
K.S.A. 13-1024a and providing for substitute
general improvements and the issuance of
and repealing Charter Ordinance No. 39.
BACKGROUND:
ORIGINATING DEPARTMENT:
Finance & Administration
BY: Debbie Pack, Director
FISCAL APPROVAL:
M
BY:
41, exempting the City of Salina from the provisions of
and additional provisions on the same subject relating to
bonds for the purpose of paying for said improvements
Charter Ordinance No. 41 was passed on first reading on May 2, 2022. Since that time no comments
have been received.
This ordinance exempts the City of Salina from the provisions of K.S.A. 13-1024a, adds an additional
project category to the existing Charter Ordinance to include Baseball/Softball Facility Improvements
at a maximum amount of $4,000,000 and repeals Charter Ordinance No. 39.
Charter Ordinance No. 41 will be published in the Salina Journal for two consecutive weeks and does
not take effect until 60 days after its final publication to provide a protest period.
FISCAL NOTE:
There is no direct fiscal impact associated with this item.
COMMISSION ACTION OR RECOMMENDED ACTION:
Staff has identified the following options for the City Commission's consideration:
1.) Approve Charter Ordinance No. 41 on second reading.
2.) Approve Charter Ordinance No. 41 on second reading with amendments as the City
Commission deems appropriate.
3.) Postpone consideration of Charter Ordinance No. 41 on second reading to a specified date and
time and provide staff direction regarding additional information or amendments the City
Commission would like to request for their further consideration.
4.) Vote to deny Charter Ordinance No. 41 on second reading.
Staff recommends Option #1
Attachments: Charter Ordinance No. 41
(Published in the Salina Journal on [Pub 1] and [Pub 2])
ORDINANCE NO. 41
A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS,
FROM THE PROVISIONS OF K.S.A. 13-1024a AND 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 39.
WHEREAS, Article 12, § 5 of the Constitution of the State of Kansas (the "Act') empowers cities
to determine their local affairs and government and provides that such power and authority granted thereby
to cities shall be liberally construed for the purpose of giving to cities the largest measure of self-
government, including passing charter ordinances which exempt such cities from non-uniform statutes and
acts of the Kansas Legislature; and
WHEREAS, the City of Salina, Kansas (the "City") is a City, as defined in the Act, duly created
and organized, under the laws of the State of Kansas; and
WHEREAS, K.S.A. 13-1024a is part of an enactment of the Kansas Legislature (K.S.A. 13-1024a
et seq.) relating to general improvements and the issuance of bonds for such purposes, which enactment is
applicable to the City, but is not uniformly applicable to all cities within the State of Kansas; and
WHEREAS, the City has previously passed Charter Ordinance No. 39, providing different and
additional provisions to K.S.A. 13-1024a; and
WHEREAS, the governing body of the City desires to repeal Charter Ordinance No. 39 and, by
new charter ordinance, exempt the City from the provisions of K.S.A. 13-1024a and provide substitute and
additional provisions therefor.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF SALINA, KANSAS:
Section 1. Exemption — K.S.A. 13-1024a. 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 following substitute and additional provisions of 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 costs (which may include acquisition of interests in
real estate and architectural, engineering, and other professional services) for the following 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 trafficaway
pursuant to K.S.A. 12-685 et seg.
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 seg.
C.
Public Parks. Acquisition of land for public park purposes and acquisition, construction,
reconstruction, improvement and repair of park and recreation facilities other than those
more specifically addressed under categories G, H and I below, 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 Systems. Improvements, extension, or repair of the storm water
drainage systems, whether located inside or outside the city limits.
F.
Water Works and/or Sanitary Sewer Systems. Improvements, 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.
Family quatic Park. Financing, constructing, equipping, supplying and maintaining a
family aquatic park.
H.
Public Building for Recreational Purposes. Acquisition or construction of a public building
for recreational purposes and acquisition of land for the construction of a public building
for recreational purposes
I.
Baseball/Softball FacilittyImprovements. Reconstruction, improvements, and repair of City
owned Baseball/Softball facilities as intended in the Public Private Partnership Agreement
with Salina Athletic Partners.
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 $1,000,000 under each of project categories A through E;
(2) a maximum of $2,000,000 under each of project category F;
(3) a maximum of $12,500,000 under each of project category G;
(4) a maximum of $7,000,000 under each of project category H; and
(5) a maximum of $4,000,000 under each of project category I.
Section 3. Repealer. Subject to the effectiveness of this Charter Ordinance, Charter
Ordinance No. 39 of the City is hereby repealed.
Section 4. Severability. If any provision or section of this Charter Ordinance is deemed or
ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality
or invalidity shall not affect any other provision of this Charter Ordinance. In such instance, this Charter
Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained
herein.
Section 5. Effective Date. This Charter Ordinance shall be published once a week for two
consecutive weeks in the official City newspaper, and shall take effect sixty-one (61) days after final
publication, unless a petition signed by a number of electors of the City equal to not less than ten percent
(10%) of the number of electors who voted at the last preceding regular City election shall be filed in the
office of the Clerk, demanding that this Charter Ordinance be submitted to a vote of the electors, in which
event this Charter Ordinance shall take effect when approved by a majority of the electors voting at an
election held for such purpose.
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PASSED with at least a two-thirds (2/3) vote of the entire governing body of the City of Salina,
Kansas, on May 2, 2022 and APPROVED AND SIGNED by the Mayor.
(SEAL)
Trent W. Davis, M.D., Mayor
ATTEST:
JoVonna A. Rutherford, City Clerk
[APPROVED AS TO FORM ONLY.
Greg Bengston, City Attorney]
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