A CHARTER ORDINANCE EXEMPTING THE CITY OF OLATHE FROM THE PROVISION OF K.S.A. 13-1017, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE MAKING OF PUBLIC IMPROVEMENTS.

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

SECTION ONE: The City of Olathe, Kansas, a city of the first class, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt, itself from, and makes inapplicable to it, the provisions of K.S.A.. 13-1017, which apply to said city but not uniformly to all cities, and provides substitute and additional provisions on the same subject as hereinafter provided.

SECTION TWO: Before undertaking the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer or any other public improvement in any street, highway or public grounds, or of any public building or facility, or of any kind of public improvement in the City of Olathe, Kansas, shall be commenced or ordered by the Governing Body, or under its authority, a detailed estimate of the cost of such improvements, shall be made under oath by the city engineer (or some other competent person, appointed for such purposes by the Governing Body) and said estimate shall be submitted to the Governing Body for its action thereon.

SECTION THREE: Before any type of public improvements shall be commenced, the money to pay for the same must be available in the city treasury as provided by law; or provision may be made for the issuance of internal improvement bonds to pay for any such improvement as provided by law.

SECTION FOUR: That this ordinance shall not be construed to include any repair or maintenance work not amounting to substantial alteration, addition or change in any street or facility; and "public improvement" as used herein shall not include the making or repairs or the maintenance of any building, street, sidewalk or other public facility or the making of any expenditures from the city budget for such purposes.

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

SECTION SIX: 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 the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED and APPROVED by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, the 2nd day of May, 1978.

SIGNED by the Mayor this 2nd day of May, 1978.