A CHARTER ORDINANCE EXEMPTINGTHE CITY OF KIOWA, KANSAS FROM THE PROVISIONS OF K.S.A. 12-1758 AND PROVIDING FOR SUBSTITUTE PROVISIONS ON THE SAME SUBJECT RELATING TO PUBLIC BUILDING COMMISSIONS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF KIOWA, KANSAS:

SECTION I. The City of Kiowa, Kansas (the “City”), pursuant to Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1758, and to provide such substitute provisions as hereinafter set forth in this Charter Ordinance. Such statute is applicable to the City, but is part of an enactment which is not uniformly applicable to all cities.

SECTION 2. The City, by ordinance, may create a public building commission (the “Commission”) for the purpose of acquiring a site or sites within Barber County, Kansas (the “County”) for construction, reconstruction, equipping and furnishing a building or buildings or other facilities of a revenue producing character, including parking facilities, and for purchasing or otherwise acquiring such building or buildings or facilities. Such building or buildings or other facilities shall be maintained and operated for the affairs and activities of 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 the County. Without in any way limiting the generality or scope of the foregoing, such buildings or facilities may specifically include buildings or other facilities, including all furnishings and equipment, maintained and operated by a city as a public golf course.

SECTION 3. This Charter Ordinance shall be published once a week for two consecutive weeks in the official City newspaper and shall take effect sixty-one days after final publication, unless a sufficient petition is filed and a referendum held on this Charter Ordinance as provided in Article 12, Section 5, Subdivision (c) (3) of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective if approved by a majority of the electors voting thereon.

(11-23-1999)