A CHARTER ORDINANCE EXEMPTING THE CITY OF OTTAWA, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-1758, AS AMENDED, RELATING TO THE POWERS OF A PUBLIC BUILDING COMMISSION AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

WHEREAS, the city of Ottawa, 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 subject to legislative enactments applicable uniformly to all cities; and

WHEREAS, K.S.A. 12-1757 to 12-1768, inclusive, as amended (the “Public Building Commission Act”), applies to the City and certain provisions of the Public Building Commission Act are not uniformly applicable to all cities; and

WHEREAS, the governing body of the City hereby determines that it is in the best interests of the City to exempt the City from K.S.A. 12-1758 and to provide substitute and additional provisions on the same subject;

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

Section 1.The City, by the power vested in it by Article 12, Sections, 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 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 cites. Such substitute and additional provisions of K.S.A. 12-1758 shall be as follows:

       The City, by ordinance, may create a public building commission for the purposes of acquiring and improving a site or sites for and acquiring, constructing, reconstructing, equipping and furnishing a building or other facilities of a revenue producing character, including recreational facilities or parking facilities, or for purchasing or otherwise acquiring such building or buildings or facilities. Such buildings, facilities or sites shall be maintained and operated for a county courthouse, the housing and accommodation of county offices or any county business, for city offices, for city, school district or recreation commission recreational facilities, including, but not limited to, public aquatic facilities, gymnasium facilities and athletic fields, or for such other purposes as are commonly carried on in connection with such facilities; or in county courthouses and general city buildings, and including administrative offices for school districts and recreation commissions and housing, accommodations and parking facilities for offices of state and federal agencies.

(10-17-2001)