A CHARTER ORDINANCE EXEMPTING THE CITY OF OLATHE, KANSAS FROM THE PROVISIONS OF K.S.A. 79-41a04 (d) PERTAINING TO THE LOCAL ALCOHOLIC LIQUOR FUND; DISTRIBUTION OF MONEYS; 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: The City of Olathe, Kansas by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby elects to and does exempt itself from and make inapplicable to it the provisions of K.S.A. 79-41a04(d) which applies to this City but not uniformly to all cities.

SECTION TWO: The City of Olathe, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions in lieu of those provisions from which it is exempted pursuant to Section One above:

The City Treasurer, upon receipt of any moneys distributed by the State as part of the local alcoholic liquor fund, shall deposit the full amount in the City treasury and shall credit one third (1/3) of the deposit to the general fund of the City, one third (1/3) to a special parks and recreation fund in the City treasury and one third (1/3) to a special alcohol and drug programs fund in the City treasury. Moneys in such special funds shall be under the direction and control of the Governing Body of the City. Moneys in the special parks and recreation fund may be expended only for the purchase, establishment, maintenance or expansion of park and recreational services, programs and facilities. Moneys in the special alcohol and drug programs fund shall be expended only for the purchase, establishment, maintenance or expansion of services, programs and facilities whose principal purpose is alcoholism and drug abuse prevention and education; capital expenditures for services or programs whose principal purpose is alcoholism and drug abuse prevention and education; alcohol and drug detoxification; intervention in alcohol and drug abuse including law enforcement activities; or treatment of persons who are alcoholics or drug abusers or are in danger of becoming alcoholics or drug abusers.

SECTION THREE: This Charter Ordinance shall be published once each week for two 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 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, this 2nd day of May, 2006.

SIGNED by the Mayor this 2nd day of May, 2006.