AN ORDINANCE ESTABLISHING A PROCEDURE FOR THE PURCHASE OF EQUIPMENT OF ALL TYPES TO MEET THE NEEDS OF THE CITY, ESTABLISHING A PROCEDURE FOR THE AUTHORIZATION OF THE PURCHASE OF SUCH EQUIPMENT BY THE GOVERNING BODY OF THE CITY OF BONNER SPRINGS, KANSAS; AND, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATIONS BONDS OF THE CITY TO FUND SUCH PURCHASES.

Section 1. For the purpose of this ordinance, the terms defined in this Section shall have the meanings ascribed to them as follows:

(a)   Equipment means any type of equipment necessary to meet the needs of the City and includes, without limitation: cars; trucks; grading equipment, motorized or otherwise; fire equipment and apparatus; ambulance equipment and apparatus; ditching equipment and apparatus; police cars, equipment and apparatus; bookkeeping equipment and apparatus; office machines; office equipment; street sweepers and apparatus; communications equipment and apparatus; and any and all related equipment and apparatus necessary to carry out the business, administration duties, responsibilities and services of the City including, but not limited to, health, police, fire, street, sewer, utility and administration services, duties and responsibilities.

(b)   Cost means all costs necessarily incurred for the preparation of plans, specifications, estimates, the cost of preparation and publication of notices, resolutions, ordinances and other proceedings, necessary fees and expenses of consultants and all other lawful expenses incurred in planning and effecting the acquisition of equipment.

(c)   Consultants means engineers, architects, planners, attorneys and other persons deemed competent to advise and assist the Governing Body in planning and setting specifications for such equipment.

Section 2. In accordance with K.S.A. 12‑137 and because there are no present statutory or constitutional provisions limiting or prohibiting the purchase of equipment and the funding of such purchase by the issuance of no‑fund warrants or general obligation bonds of such City, and because there are no such provisions or procedures to levy taxes to pay for such purchases and such warrants or bonds, the Governing Body of this City is hereby authorized to purchase equipment and fund such purchase or purchases by the issuance of no‑fund warrants or general obligations bonds of this City and to levy a tax against all of the property in the City at large as necessary to pay the principal and interest on such bonds, all in the manner and subject to the limitations and procedures provided herein.

Section 3. Before any contract is let or equipment purchased under the authority of this ordinance, the Governing Body shall by a two‑thirds vote of the entire members of said body adopt an ordinance finding the purchase of equipment necessary and in the best interests of the City and authorizing such purchase; such ordinance shall state the estimated amount of money needed to effect such purchase, shall state the manner and means of payment, and if payment, by no‑fund warrants or general obligation bonds, shall state the period of years over which said bonds or warrants will be issued, and shall authorize the issuance of general obligation bonds or no‑fund warrants to fund the purchase and the levy of a tax upon all property in the City at large for the purpose of paying the principal and interest of such bonds or warrants.

The said ordinance shall be published once each week for two consecutive weeks in the official City newspaper; the said ordinance shall take effect 60 days after its final publication, unless within 60 days of its final publication a petition, signed by a number of electors of the City equal to not less than ten percent (10%) of the numbers of electors who voted at the last preceding regular City election shall be filed in the office of the City Clerk of this City demanding that such ordinance be submitted to a vote of the electors, in which case said ordinance shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon; provided; that the Governing Body may submit any such ordinance to a referendum without petition; provided; that such an ordinance to be submitted to a referendum without petition may be passed by a majority vote of the Governing Body and published only once in the official City newspaper. An election called under the provisions of this ordinance shall be called within thirty (30) days and held within 90 days after the date such petition is determined sufficient or after the publication of an ordinance authorizing a levy for which an election is called without petition. The Governing Body shall pass an ordinance calling the election and fixing the date, which ordinance shall be published once a week for three consecutive weeks in the official City newspaper and the election shall be conducted as elections for City officers and by the officers handling such elections. The proposition shall be: “Shall Ordinance No. _______ Entitled (Title or Ordinance) Take Effect?”

The genuineness of the signature and address of all signers of each protest shall be verified by some signer of the protest: the Governing Body shall be the Judge of the sufficiency of any protest and its decision shall be final and conclusive; provided, names may be withdrawn from any such protests by the signers thereof at any time before the Governing Body shall convene its meeting to determine the sufficiency thereof.

Section 4. The cost of such purchases may be paid for from:

(a)   Funds available to the City; or

(b)   By the issuance of no‑fund warrants of such City in an amount not in excess of the cost of such equipment. Such warrants may be issued to be payable by not more than five tax levies from and after January 1 of the year following issuance and shall be payable by a tax levied against the City at large; or

(c)   By the issuance of general obligation bonds. Bonds issued under this ordinance shall be issued in accordance with the provisions of the general bond law, and shall be payable by a tax levied against the City at large; or

(d)   By a combination of available funds and either the issuance of such no‑fund warrants or the issuance of such bonds.

(7‑2‑1974; ; Repealed by C.O. No. 36)