A CHARTER ORDINANCE EXEMPTING THE CITY OF OAKLEY, KANSAS, FROM THE PROVISIONS OF K.S.A. 15-731 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO STREET IMPROVEMENTS AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IMPROVEMENTS
WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the “Act”), provides that cities may exercise certain home rule powers, including passing charter ordinances which exempt such cities from non-uniform enactments of the Kansas Legislature; and
WHEREAS, the City of Oakley, 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. 15-731 is an enactment of the Kansas Legislature relating to street and highway 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 governing body of the City (the “Governing Body”) desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 15-731, and to provide substitute and additional provisions therefor.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OAKLEY, KANSAS, AS FOLLOWS:
SECTION 1. Exemption. The City, by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 15-731, and shall be governed by the substitute and additional provisions contained herein.
SECTION 2. Bonds for Street and Highway Improvements, Bridges and Culverts. The City may issue general obligation bonds payable by the City at large (the “Bonds”) to surface, resurface, pave, repave, curb, recurb, gutter, regutter, or otherwise improve any street or streets, avenue or avenues, alley or alleys, or public highway or highways, together with necessary bringing to grade and grading, and with such culverts, sidewalks and pedestrian ways, drainage facilities and other incidentals as may be necessary, and to build bridges and approaches thereto, any or all of these, when authorized so to do by adopting a resolution describing the street or streets, avenue or avenues, alley or alleys, or public highway or highways or parts thereof to be improved, or the location of the bridge to be constructed, and describing in general terms the improvement or improvements to be made and the amount of Bonds to be issued. For bonded debt purposes such Bonds shall be considered the same as bonds issued to pay the cost of improvements of intersections of streets. The Bonds shall be issued, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise expressly provided. The provisions of this Charter Ordinance are supplemental to other statutes relating to similar street improvements and shall not prevent the City from using other available statutes.
SECTION 3. 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.
(04-01-2024)