A CHARTER ORDINANCE EXEMPTING THE CITY OF STERLING, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-834 RELATING TO BONDS FOR GAS, WATER, LIGHT, HEAT, STREET-RAILWAY OR TELEPHONE SERVICE AND FROM THE PROVISIONS OF K.S.A. 12-843 RELATING TO ACQUISITION AND OPERATION OF CITY PLANTS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME SUBJECT.
WHEREAS, the City of Sterling, Kansas (the “City”), is a city of the second class duly organized and existing under the laws of the State of Kansas; and
WHEREAS, pursuant to Article 12, Section 5, of the Constitution of the State of Kansas, cities are empowered to determine their local affairs and government except for legislative enactments applicable unifo1mly to all cities; and
WHEREAS, K.S.A. 12-834 applies to the City, and certain provisions of K.S.A. 12-834 are not unifo1mly applicable to all cities in that K.S.A. 12-834 applies only to cities of the second and third class; and
WHEREAS, K.S.A. 12-843 applies to the City, and certain provisions of K.S.A. 12-843 are not uniformly applicable to all cities in that K.S.A. 12-843 applies only to cities of the second and third class; and
WHEREAS, the governing body of the City hereby determines that it is in the best interest of the City to exempt the City from K.S.A. 12-834 and K.S.A. 12-843 and to provide substitute and additional provisions on the same subject;
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF STERLING, KANSAS:
Section 1. 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 the provisions of K.S.A. 12-834 and provide substitute and additional provisions as hereinafter set forth in this Ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to the City but are not applicable uniformly to all cities. Such substitute and additional provisions for K.S.A. 12-834 shall be as follows:
Whenever and as often as the governing body of any city determines that the necessities of the city require the issuance of general obligation bonds of such city for the purpose of purchasing, extending and improving, or purchasing, constructing or extending works for the purpose of supplying such city and its inhabitants with natural gas, water, electric light, or heating or street-railway or telephone service, it shall be lawful for the governing body of such city by ordinance duly passed to direct the issuance of such bonds.
Section 2. 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 the provisions of K.S.A. 12-843 and provide substitute and additional provisions as hereinafter set forth in this Ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to the City but are not applicable unifo1mly to all cities. Such substitute and additional provisions for K.S.A. 12-843 shall be as follows:
For any and all indebtedness, obligation or liability contracted for or created for any of the purposes mentioned in K.S.A. 12-842, any such city, acting under the provisions thereof, is hereby granted full power and authority to issue bonds of the city to an amount equal to such indebtedness, obligation, or liability; the power to create or incur such indebtedness, obligation, or liability, and to issue bonds as herein provided, being independent of and in addition to like and other powers heretofore grantee such cities; and such bonds may be sold as provided by law, and the proceeds thereof used in the payment of such indebtedness, obligation, or liability. Any such city shall have full power and authority to use any surplus arising from the proceeds of any such plant or plants for the purpose of bettering, constructing or installing any such plant that such city may have or may desire to acquire by construction or purchase.
(02-18-2019)