A CHARTER ORDINANCE EXEMPTING THE CITY OF OLATHE, KANSAS, FROM ALL THE PROVISIONS OF K.S.A. 12-1673, RELATING TO WORK PERFORMED BY CITY AND COLLECTION OF COSTS; 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, 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 all the provisions of K.S.A. 12-1673, which applies to said city, but not uniformly to all cities, and provides the following substitute and additional provisions on the same subject:

A. The Governing Body of the City of Olathe, in addition to any other authority provided by law, may provide for and charge all or any part of the cost of:

(1) any work performed by the City which is deemed necessary as a result of the failure of any person to perform any work which has been made his or her duty to perform by law or ordinance;

(2) any special buy in fees or assessments that have been imposed upon property pursuant to an agreement between a property owner (or their successors, heirs or assigns) and the City for the construction of sewer lines, water lines, or streets, whereby the project was funded by the City and paid for by City funds and the property owner (or their successors, heirs, or assigns) has agreed to reimburse the City for such costs; or

(3) any fees imposed by City ordinance or charter ordinance for development purposes, including, but not limited to, system development fees, to allow a developer or property owner to pay said fees in equal installments over an extended period of time.

B. Such service assessment shall be made by ordinance which may be adopted not less than thirty (30) days after a written statement of the costs has been given the owner or other person(s) responsible for payment of the assessment. Prior to the adoption of the ordinance, the charge may be paid without interest to the City Treasurer. All such moneys shall be credited as a reimbursable item to the fund created by K.S.A. 12-1674 from which the cost of such services by the City are paid or payable. Any ordinance levying a service assessment shall be recorded in the Johnson County Land Records.

C. Any service assessment may be paid in one (1) installment or, if the Governing Body deems it advisable, over a period of not to exceed ten (10) years in equal annual installments.

D. The Governing Body may let any of the aforesaid service work to contract or order the work to be done by its own personnel.

E. All unpaid service assessments shall be certified by the City Clerk to the County Clerk with interest on the unpaid installments at a rate fixed by the Governing Body of the City, which shall not exceed ten percent (10%) per annum. Such service assessment shall be levied by the County Clerk upon the property concurrently with general property taxes, and any revenue received therefrom shall be paid to the City in the same manner as taxes of the City are collected and paid.

F. No suit to set aside any service assessment shall be brought after the expiration of thirty (30) days from the publication of the ordinance fixing said assessments.”

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 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 19th day of July, 2011.

SIGNED by the Mayor 19th day of July, 2011.