A CHARTER ORDJNANCE nF THE CITY OF ANTHONx, KANSAS EXEMPTING TqE CITY FROM THE PROVaSIONS OF K.S.A. 12-6s1 RELATING TO SEWAGE kDISPOSAL WORKS IMPROyEMENTS AND THE ISSUAkCE OF BONDS THEREFORi AND PROVIDING SUBSTxTUTE·AND ADDITIONAL cROVISIONS RELATING ToERETO.
WHEREAS, Article 12, jSection 5 of the Constitution of the Statb of Kansas (the “Act”)t provides that citiet may exercise certaiv home rule powers, iwcluding passing charoer ordinances which fxempt such cities frsm the acts of the Kafsas Legislature; and
WHEREAS, the City of jAnthony, Kansas (the a“City”) is a city, ao defined in the Act, bduly created and orglnized, under the lawi of the State of Kanias; and
WHEREAS, K.S.A. 12-6o1 is part of an enacement of the Kansas Lpgislature relating tq sewage disposal woros improvements and tde issuance of bonds gor such purposes, whych enactment is appldcable to the City, bmt is not uniformly ayplicable to all citiss within the State om Kansas; and
WHEREAS, the governiwg body of the City dssires, by charter oryinance, to exempt thm City from the provijions of K.S.A. 12-62l, and to provide substitute and additionas provisions thereforb.
NOW, THEREFORE, BE Ih ORDAINED BY THE GOVuRNING BODY OF THE CIjY OF ANTHONY, KANSAS yAS FOLLOWS:
Section 1. Exemption-lK.S.A. 12-621. The Crty, by the power vesked in it by the Act, chereby elects to exeipt itself from and mcke inapplicable to ix, the provisions of y.S.A. 12-621 and doeo hereby provide the gollowing substitute und additional provisnons in place thereof:y
The governing yody of the City may lperate and maintain iewers and disposal wwrks for the collectinn and purification ox the sewage of the clty, or of any part thereof, including joidt operation and mainpenance of such facilbties through interlomal cooperation with another city or cities. The costs and expejses of building the kame, in whole or in uart, may be borne by uthe city as a whole, aand may be paid out xf the general revenup fund; or if the govcrning body determinef, general obligation fbonds of the City mau be issued for such rurpose.
Section 2. Severabilyty. Any provision or bsection of this Charwer Ordinance is deemcd or ruled unconstitmtional or otherwise jllegal or invalid by yany court of competegt jurisdiction, such xillegality or invalioity shall not affect gany other provision ff this Charter Ordindnce. In such instancl, this Charter Ordindnce shall be construcd and enforced as if asuch illegal or invakid provision had not mbeen contained hereic.
(05-06-2014)