Title 19 - Charter Ordinances

CHARTER ORDINANCE NO. 106

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM K.S.A. 13-1024a, K.S.A. 13-1024b, K.S.A. 13-1024c, AND K.S.A. 12-1737, RELATING TO THE ACQUISITION AND IMPROVEMENT OF PUBLIC FACILITIES AND PROPERTY AND FOR THE PAYMENT THEREOF; REPEALING CHARTER ORDINANCE NO. FIFTY-THREE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK:

Section 1. The City of Overland Park, Kansas (the “City”), by the power vested in it by 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. 13-1024a, 13-1024b, 13-1024c, and 12-1737 relating to the acquisition and improvement of public facilities or property and for the payment thereof. Such referenced statutes are applicable to this City but are not uniformly applicable to all cities in Kansas.

Section 2. “Public facility or property” shall mean any structure, building or facility owned or to be owned by the City, including the real property necessary therefor, including but not limited to streets, infrastructure, traffic signalization, off-street parking facilities, offices, maintenance facilities, public libraries, auditoriums, airport facilities, public parks, public golf courses, public safety facilities, fire facilities, police facilities, health care facilities, community buildings, recreational facilities, public meeting facilities, waterworks, bridges, viaducts, sewage disposal plants, electric light plants, other public utility plants, and related improvements.

Section 3. The City may, within and without the City, erect or construct, acquire by gift, purchase, condemnation or lease a public facility or property, vehicles, or equipment, and may improve, design, alter, repair, reconstruct, remodel, renovate, replace, extend or make additions to, furnish and equip a public facility or property, and the City may borrow money and issue its bonds to pay for the same. The authority herein conferred may also be exercised jointly or in cooperation with any other governmental unit so empowered, upon such terms and conditions as shall be agreed upon by the City and of such cooperating governmental unit or units.

Section 4. The City may, for the purposes hereinbefore authorized and provided: (a) Receive and expend gifts; (b) receive and expend grants-in-aid of state or federal funds; (c) issue general obligation bonds and temporary notes of the City; (d) levy ad valorem property taxes pursuant to applicable limits; (e) issue no-fund warrants; (f) use moneys from the general operating fund or other appropriate budgeted funds when available; (g) use moneys received from the sale of public buildings or facilities or portions thereof; (h) use moneys provided to the City for off-street parking purposes; (i) combine any two or more such methods of financing for the purposes herein authorized.

Section 5. The City may by ordinary ordinance enact substitute or additional provisions related to the subject matter contained in the statutes being chartered from.

Section 6. If 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 7. Charter Ordinance No. Fifty-Three is hereby repealed.

Section 8. This Charter Ordinance shall be published once each week for two consecutive weeks in an official City newspaper.

Section 9. THIS IS A CHARTER ORDINANCE AND SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS WITHIN 60 DAYS OF ITS FINAL PUBLICATION A PETITION SIGNED BY A NUMBER OF ELECTORS OF THE CITY OF OVERLAND PARK EQUAL TO NOT LESS THAN TEN PERCENT OF THE NUMBER OF ELECTORS WHO VOTED AT THE LAST PRECEDING REGULAR CITY ELECTION SHALL BE FILED IN THE OFFICE OF THE CITY CLERK OF OVERLAND PARK DEMANDING AN ELECTION ON THE CHARTER ORDINANCE, IN WHICH CASE THE CHARTER ORDINANCE SHALL BECOME EFFECTIVE ONLY IF AND WHEN APPROVED BY A MAJORITY OF THE ELECTORS VOTING THEREON.

PASSED by the Governing Body not less than two-thirds of the members elect voting in favor thereof this 21st day of July, 2025.

CITY OF OVERLAND PARK

(s) Curt Skoog                                  

Curt Skoog, Mayor

ATTEST:

(s) Elizabeth Kelley               ____          

Elizabeth Kelley, City Clerk

APPROVED AS TO FORM:

(s) Michael Koss                    ____   

City Attorney

Effective on: 10/6/25

Effective on: 1/1/1901