A CHARTER ORDINANCE OF THE CITY OF SEDGWICK, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-1758(a) AND PROVIDING SUBSTITUTE PROVISIONS THEREFOR ON THE SAME SUBJECT RELATING TO PUBLIC BUILDING COMMISSIONS.

WHEREAS, the governing body of the city of Sedgwick, Kansas (the “City) is authorized by Article 12, § 5 of the Kansas Constitution to determine its local affairs and government and to elect by charter ordinance that the whole or any part of a statutory enactment applicable to the City but not uniformly applicable to all cities shall not apply to the City; and

WHEREAS, K.S.A. 12-1758(a) are applicable to the City but are part of an enactment not uniformly applicable to all cities and the City finds and determines it necessary and advisable to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-l 758(a) and to provide substitute provisions for such statute.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SEDGWICK, KANSAS AS FOLLOWS:

Section 1. Exemption from Statute. The City, pursuant to Article 12, §5 of the Kansas Constitution, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1758 (a).

Section 2. Enactment of Substitute Provisions for K.S.A. 12-1758 (a). The following provisions are enacted in substitution for K.S.A. 12-1758 (a): The City, by ordinance, may create a public building commission for the purpose of acquiring a site or sites for and constructing, reconstructing, equipping and furnishing a building or buildings or other facilities of a revenue producing character, including parking facilities, and for purchasing or otherwise acquiring any such building or buildings or facilities. Such building or buildings or other facilities shall be maintained and operated for the affairs and activities of, or provided, sponsored, supported or requested to be provided by any federal, state, city, school district or county governmental agency, or any municipal corporation, quasi-municipal corporation, political subdivision or body politic, or agency thereof, doing business, maintaining an office or rendering a public service within Harvey or Sedgwick County, Kansas. Without in any way limiting the generality or scope of the foregoing, such buildings or facilities may specifically include buildings or other facilities, including furnishings and equipment, maintained for recreational or park facilities, a public library, senior housing or senior services facilities, a community building or public healthcare facilities.

(03-19-2012)