Resolution No.     06-020        

A RESOLUTION ESTABLISHING A PUBLIC BUILDING COMMISSION AND DESIGNATING THE BOARD OF FRANKLIN COUNTY COMMISSIONERS AS THE PUBLIC BUILDING COMMISSION BOARD FOR FRANKLIN COUNTY, KANSAS.

WHEREAS, K.S.A. 12-1757 through 12-1768, inclusive as amended, (the "Act") authorizes counties to create, by resolution, a public building commission, and

WHEREAS, the county government of Franklin County may wish to rent facilities from the Public Building Commission for those purposes as set forth in the Act, now

THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF FRANKLIN COUNTY, KANSAS AS FOLLOWS:

Section 1. There is hereby created the Franklin County Public Building Commission for the purpose of acquiring a site or sites for and constructing, reconstructing, equipping and furnishing a building or buildings or other facilities of a revenue producing character, including parking facilities or for purchasing or otherwise acquiring such building or buildings or facilities.

Section 2. The Franklin County Public Building Commission is authorized to exercise the following powers and functions:

(a)    To exercise all powers and authority set forth in the Act including, but not limited to, the authority to acquire a site or sites, acquire, reconstruct, construct, equip and furnish a building, buildings or other facilities of a revenue producing character to be maintained and operated for the housing and accommodation of county offices or county business including judicial facilities, jails and detention centers, for a county courthouse, city or county offices or facilities, administrative offices for school districts, and offices for state and federal agencies;

(b)   To rent all or part of the building or facilities owned by the Franklin County Public Building Commission to the County or other agencies and entities as authorized by the Act.

(c)    To acquire fee simple tide to real estate, including easements and reversionary interest in streets, alleys and other public places and personal property required for its purposes, by purchase, gift, devise or other lawful means, and to take tide in the corporate name of the Franklin County Public Building Commission;

(d)   To issue revenue bonds in the manner provided by the Act for the purpose of paying the cost or a portion of the cost of acquiring real estate and construction, equipping and furnishing buildings thereon, to pledge the net revenues from the lease of the facilities to secure such revenue bonds, and to make covenants with respect to the maintenance, operations, repair and insuring of improvements thereon;

(e)    To repair, maintain and operate such buildings and facilities owned by the Franklin County Public Building Commission;

(f)     To sue and to be sued;

(g)    To adopt a seal;

(h)    To do all things and acts necessary or incidental to the exercise of the powers granted to it by this Resolution and the Act, and consistent with the purposes established in the Act and such resolution; provided however, that under no circumstances shall any income from the Franklin County Public Building Commission inure to the benefit of any private person, except for amounts reasonably pay employees, agents, or other private parties for the performance of the functions and purposes established by this Resolution.

Section 3. The Franklin County Public Building Commission shall consist of five (5) members and these members shall be the Board of County Commissioners of Franklin County provided, however, that if the Franklin County Public Building Commission shall provide for a building which will house offices or agencies of the state, a city or a school district, the Secretary of Administration and the governing bodies of such school district or city shall be represented by not less than one on the Franklin County Public Building Commission and the number of members on the Board of Franklin County Public Building Commission shall be increased accordingly.

Section 4. This Resolution shall be in full force and effect from and after its adoption by the Franklin County Board of Commissioners.

ADOPTED THIS 20^th DAY OF March, 2006

FRANKLIN COUNTY BOARD   OF COMMISSIONERS

                                                                                                /s/ John E. Taylor         

                                                                                                /s/ Donald E. Waymire

                                                                                                /s/ Roy C. Dunn

                                                                                                /s/ Donald R. Stottlemire

                                                                                                /s/ Donald C. Hay

ATTEST:

/s/ Shari Perry

Shari Perry, County Clerk