A CHARTER ORDINANCE EXEMPTING THE CITY OF OLATHE, KANSAS, FROM K.S.A. 12-1737 AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT, RELATING TO THE METHODS OF FINANCING THE ACQUISITION OR CONSTRUCTION OF PUBLIC BUILDINGS; BOND ELECTIONS, WHEN; TAX LEVIES; ELECTIONS; INVESTMENT OF BUILDING FUNDS; AND INTEREST.

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

SECTION ONE: The City of Olathe, Kansas, by the power invested in it by Article 12 of Section 5 of the Constitution of the State of Kansas, hereby elects to make inapplicable to it and exempts itself from K.S.A. 12-1737 which applies to said city, but not uniformly to all cities, and provides a substitute provision on the same subject as hereinafter set forth in Section Two.

SECTION TWO: The Governing Body of the City of Olathe, Kansas, may for the purposes authorized and provided in K.S.A. 12-1736, and all acts supplemental and amendatory thereto:

(a) Receive and expend gifts;

(b) Receive and expend grants in aid of state or federal funds;

(c) Issue bonds of the city;

(d) Make an annual tax levy of not more than eight (8) mills upon all taxable tangible property in the City of Olathe, Kansas, for the purpose of creating a building fund to be used for the purposes authorized and provided in K.S.A. 12-1736, and all acts supplemental and amendatory thereto;

(e) Issue no-fund warrants;

(f) Use moneys from the general operating fund or other appropriated budgeted fund when such is available;

(g) Use moneys received from the sale of public buildings or buildings and sites; or

(h) Combine any two or more of such methods of financing for the purposes herein authorized: Provided, the city shall first use funds received from the payment of insurance claims for damages sustained by any such public building before resorting to methods of financing herein authorized. An election upon the issuance of bonds under the authority of this ordinance shall be required for the purpose of acquiring or constructing city offices, public libraries, auditoriums, community or recreational buildings.

When an election upon the issuance of bonds is required, the question of the issuance of said bonds shall be submitted to a vote of the qualified electors of such city at a regular city election or at a special city election called for that purpose, and no such bonds shall be issued unless a majority of those voting on the question shall have declared by their votes to be in favor of the issuance of said bonds. Such bond election shall be called and held, and said bonds shall be issued in accordance with the provisions of the general bond law. No levies shall be made for the purpose of creating a building fund under the provisions of this charter ordinance until an ordinance authorizing the making of such levies shall annually be passed by the Governing Body of the city.

The levy herein authorized shall be in addition to and not limited by any other act authorizing or limiting the tax levies of the city. The city is hereby authorized to invest any portion of the special building fund which is not currently needed in direct obligations of the United States government maturing or redeemable at par and accrued interest within one (1) year from the date of purchase, the principal and interest whereof is guaranteed by the government of the United States, and in time certificates of deposit pursuant to Section 3.12.010 of the Olathe Municipal Code. All interest received on such investments shall upon receipt thereof be credited to the special building fund.

No-fund warrants issued under the authority of this ordinance shall be issued in the manner and form and bear interest and be redeemed as prescribed by Section 79-2940 of the General Statutes of 1949, and acts amendatory thereof, except that they may be issued without the approval of the State Board of Tax Appeals, and without the notation required by Section 79-2940 of the General Statutes of 1949. The Governing Body shall make a tax levy at the first tax levying period after such warrants are issued, sufficient to pay such warrants and the interest thereon. All such tax levies shall be in addition to all other levies authorized or limited by law, and none of the tax limitations provided by Article 19 of Chapter 79 of the General Statutes of 1949, and acts amendatory thereof, shall apply to such levies.

SECTION THREE: This ordinance shall be published once each week for two (2) consecutive weeks in the official city newspaper.

SECTION FOUR: 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 thereon.

PASSED by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, the 2lst day of March, 1972.

SIGNED by the Mayor this 21st day of March, 1972.