Appendix A · Charter Ordinances

Charter Ordinance No. 22

A CHARTER ORDINANCE EXEMPTING THE CITY OF AUGUSTA KANSAS, FROM THE PROVISIONS OF K.S.A. 12-834 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO IMPROVEMENTS FOR GAS, WATER, ELECTRIC LIGHT, HEATING AND STREET RAILWAY OR TELEPHONE SERVICE AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IMPROVEMENTS.

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 non-uniform enactments of the Kansas Legislature; and

WHEREAS, the City of Augusta, 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. 12-834 is an enactment of the Kansas Legislature relating to the issuance of bonds for the purposes of purchasing, constructing or extending works for natural gas, water, electric light, heating, or street-railway or telephone service, 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. 12-834, and to provide substitute and additional provisions therefor.

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

Section 1. Exemption. The City, by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-834, and shall be governed by the substitute and additional provisions contained herein.

Section 2. Bonds for gas, water, light, heat, street-railway or telephone service.

(a)Except as prescribed in subsection (b) of this Section 2, whenever and as often as a majority of the electors voting at an election heretofore held or hereafter called and held in the City shall vote in favor of the issuance of bonds of the City for the purpose of purchasing, extending and improving, or purchasing, constructing or extending works, for the purpose of supplying the City and its inhabitants with natural gas, water, electric light, or heating, or street-railway or telephone service, it shall be lawful for the governing body of the City, by ordinance duly passed, to direct the issuance of the bonds so voted, which said bonds shall be issued according to law.

(b)To pay the costs of a “South Augusta Voltage Conversion Project,” which will fully convert the South Augusta electric distribution system from 4,160V to 12,470V and for an electric controls project (collectively, the “Project”), the City is authorized to issue its general obligation bonds, as described in subsection (a), except that no election on the Project or such bonds for the Project shall be required, so long as the principal amount of general obligation bonds for such Project does not exceed $7,000,000 and such bonds and Project are authorized and directed by Ordinance of the governing body of the City passed by not later than December 31, 2027.

(c)The provisions of this Charter Ordinance are supplemental to other statutes relating to the purchase, reconstruction, acquisition, improvement or extension of such improvements and shall not prevent the City from using other available statutes.

Section 3. Severability. 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.

(05-04-2026)