Journal-World classified (published 12/19/2012)

(First published in the Baldwin City Signal, Thursday,
December 6, 2012)

CHARTER ORDINANCE
NO. 24

A CHARTER ORDINANCE OF
THE CITY OF BALDWIN CITY,
KANSAS EXEMPTING THE
CITY FROM THE PROVISIONS OF K.S.A. 12-621 RELATING TO SEWAGE DISPOSAL WORKS IMPROVEMENTS AND THE ISSUANCE
OF BONDS THEREFORE AND
PROVIDING SUBSTITUTE
AND ADDITIONAL PROVISIONS RELATING THERETO.

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 the acts of the Kansas
Legislature; and

WHEREAS, the City of Baldwin City, 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. 12-621 is
part of an enactment of the
Kansas Legislature relating
to sewage disposal works
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 desires, by
charter ordinance, to exempt the City from the provisions of K.S.A. 12-621, and
to provide substitute and
additional provisions therefore.

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

Section 1. Exemption-K.S.A.
12-621. The City, by the
power vested in it by the
Act, hereby elects to exempt itself from and make
inapplicable to it, the provisions of K.S.A. 12-621 and
does hereby provide the
following substitute and
additional provisions in
place thereof:

The governing body of the
City may operate and maintain sewers and disposal
works for the collection
and purification of the sewage of the City, or of any
part thereof, including joint
operation and maintenance
of such facilities through
interlocal cooperation with
another city or cities. The
costs and expenses of
building the same, in whole
or in part, may be borne by
the City as a whole, and
may be paid out of the general revenue fund; or if the
governing body determines, general obligation
bonds of the City may be issued for such purpose.

Section 2. Severability.
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 3. 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 (60) 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 City
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 a purpose.

PASSED with more than a
2/3 vote of the Governing
Body of the City of Baldwin
City, Kansas this 3rd day of
December, 2012, and
SIGNED by the Mayor.

CITY OF BALDWIN CITY,
KANSAS

(SEAL)

Ken Wagner,
Mayor

ATTEST:
Darcy Higgins,
City Clerk
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