A CHARTER ORDINANCE RELATING TO THE RECURBING, REGUTTERING, RESURFACING, REPAVING, INCLUDING NECESSARY DRAINAGE FACILITIES, OF THE STREETS OR ALLEYS IN THE CITY OF OLATHE, KANSAS, AND EXEMPTING SAID CITY FROM PROVISIONS OF SECTIONS 12-681 AND 12-682, K.S.A., AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OLATHE, KANSAS:

SECTION ONE: That pursuant to the provisions of Section 5(c) of Article 12 of the Constitution of the State of Kansas, the City of Olathe, Kansas, hereby elects that Sections 12-681 and 12-682, K.S.A., shall not apply to said city and provides the following substitute and additional provisions on the same subject:

That whenever in the judgment of the Governing Body of the City of Olathe, Kansas, it becomes expedient and of public necessity to recurb, regutter, resurface or repave, including necessary drainage facilities, any street or alley or any portion thereof when said street or alley has by reason of public travel thereon or by reason of the elements become in need of surface restoration or other construction and improvement, the Governing Body shall have the power to determine such need and when the Governing Body determines that the making of such improvements is deemed expedient, it may by resolution so declare the necessity therefor and cause said improvement to be made. The cost of said recurbing, reguttering, resurfacing or repaving shall be borne by the city at large and the Governing Body is hereby empowered to issue general improvement bonds for the purpose of raising funds for making such improvements in an amount not exceeding the total cost of said improvement;

PROVIDED, that the total amount of bonds issued for such improvements in any one year shall not exceed an amount equal to one-half of one percent of the assessed tangible valuation of the city;

PROVIDED, FURTHER, that bonds for such improvements shall not be outstanding at any one time in an amount in excess of one and one-half percent of such assessed tangible valuation.

SECTION TWO: This ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

SECTION THREE: This is a charter ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3), of the Constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting therein.

PASSED and APPROVED by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, the 20th day of July, 1965.