Chapter 12 · Public Property
Article 8. Public Building Commission
12-801 Public building commission; membership.
Pursuant to K.S.A. 12-1757 et seq., and all amendments thereto, and as amended, supplemented and limited by the City of Stockton, Kansas (the “City”) Charter Ordinance No. 13 there is hereby created a public building commission (the “Public Building Commission”) which shall be a municipal corporation, the governing body of which shall consist of five (5) members. The members of Public Building Commission shall be appointed by the governing body of the City, as follows:
(a)Two (2) members shall at all times be the duly elected or appointed members of the governing body of the City of Stockton, Kansas, whose terms shall initially be as follows: one (1) city commissioner appointed to Public Building Commission shall be appointed for a term of two (2) years; and, one (1) city commissioner appointed to Public Building Commission shall be appointed for a term of three (3) years. Upon expiration of these initial terms of office, all appointments thereafter shall be for a term of four years;
(b)three (3) members shall be appointed from citizens of the City at large; and
(c)one (1) member of Public Building Commission appointed from the City at large shall be appointed for a term of two years, one (1) member shall be appointed for a term of three years, and one (1) member shall be appointed for a term of four years. Upon expiration of these initial terms of office, all appointments thereafter shall be for a term of four years.
(d)If any person who has been appointed pursuant to the provisions of paragraph (1) of this section shall cease to be a member of the governing body, or if any person appointed pursuant to the provisions of paragraph (2) of this section shall cease to live within the City of Stockton, Kansas, the membership of said person shall forthwith terminate and a replacement shall be appointed as provided by this section to serve the unexpired term.
(e)Whenever any member of the Public Building Commission shall resign prior to the expiration of that member’s term, a replacement shall be appointed in the manner provided by this section to serve the unexpired term. Public Building Commission governing body shall, at its first regularly scheduled meeting, elect its own chairperson and other officers as deemed appropriate.
(K.S.A. 12-1757 et seq.; C.O. No. 13; Ord. 1535; Code 2015)
12-802 Same; purpose and powers.
The Public Building Commission is hereby created for the following purposes and shall be and is hereby authorized to exercise the following functions and powers, to-wit:
(a)To acquire a site or sites for and to construct, reconstruct, equip and furnish a building or buildings or other facilities of a revenue producing nature, including parking facilities or to purchase or otherwise acquire such building or buildings or facilities, and such building or buildings or facilities shall be maintained and operated for the housing and accommodation of City offices or activities or such other purposes as are commonly carried on in connection with such facilities and general City buildings. Such building or buildings or facilities shall be maintained and operated for (i) City offices or such other purposes as are commonly carried on in connection with such facilities and general City buildings, (ii) public, municipal, community or recreational purposes of the City, (iii) educational, recreational or administrative purposes for school districts, (iv) housing and accommodation of county offices or county businesses or such other purposes as are commonly carried on in connection with such facilities and general county buildings and (v) for housing, accommodations and parking facilities for offices of state and federal agencies including such facilities as may be occupied, used and operated by the Kansas Department of Corrections for purposes such agency shall deem necessary for its purposes and all such other purposes as described and provided in K.S.A. 12-1758, as amended, and supplemented and limited by City of Stockton, Kansas, Charter Ordinance No. 13.
(b)To rent all or any part of its buildings or other facilities to any federal, state or county governmental agency, or any municipal corporation, quasi-municipal corporation, political subdivision or body politic, or agency thereof, doing business, maintaining an office or rendering a public service in the City of Stockton, Kansas, and to rent any space as may be needed by such governmental agencies for such service facilities as the Public Building Commission may determine will primarily serve the comfort and convenience of the occupants of its buildings or other facilities.
(c)To issue revenue bonds of the Public Building Commission to provide funds for the purpose of acquiring, erecting, equipping, repairing, maintaining and operating buildings and other facilities and to acquire sites necessary and convenient therefor, and to pay all costs and expenses incident thereto, or to refund its outstanding bonds.
(d)To establish and fix rates, rentals, fees and charges, for the use of any and all buildings or space therein or other facilities owned and operated by the commission, sufficient at all times to pay maintenance and operation costs of such buildings, or facilities, the principal of and interest on all bonds issued by Public Building Commission as the same shall become due and payable and to make all payments to any accounts created by any bond resolution.
(e)To acquire the fee simple title to real property, including easements and reversionary interests in the streets, alleys and other public place and personal property required for its purposes, by purchase, gift, devise or by the exercise of the powers of eminent domain of the state, and title thereto shall be taken in the corporate name of the Public Building Commission.
(f)To enter into written leases with tenants of its buildings or facilities under such terms and conditions as it shall deem appropriate, not inconsistent with the provisions of this Ordinance and the laws of the State of Kansas.
(g)To convey title to real estate it shall hold title to and sell, assign, transfer, trade any of its interest in personal property. Conveyance may be made of portions of the land as portions of the revenue bonds are paid or retired, or provision is made for their payment by the deposit of a like amount of money.
(h)To do all things and acts necessary or convenient to carry out the powers granted to it under this section and under K.S.A. 12-1757, et seq., as amended, and as further amended, supplemented and limited by City of Stockton, Kansas Charter Ordinance No. 13; provided, however, that under no circumstance shall any income of the Public Building Commission inure to the benefit of any private person or entity.
(K.S.A. 12-1757 et seq.; C.O. No. 13; Ord. 1535; Code 2015)