A CHARTER ORDINANCE EXEMPTING THE CITY OF OLATHE, KANSAS FROM K.S.A. 13-1024a RELATING TO THE BORROWING OF MONEY AND THE ISSUANCE OF BONDS FOR GENERAL IMPROVEMENTS AND THE LAND THEREFOR AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; FURTHER REPEALING CHARTER ORDINANCES NO. 60 AND 65.
NOW, THEREFORE, 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 vested 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 make inapplicable to it, the provisions of K.S.A. 13-1024a, which apply to said City, but not uniformly to all cities, and provide substitute and additional provisions on the same subject as hereinafter provided.
SECTION TWO: For the purpose of paying for any street, sidewalk or pedestrian way improvement, storm water control improvement, parking improvement, bridge, viaduct, public building or structure, including the land necessary therefor, within or without the City; for lands for public parks and recreation facilities and developing the same, within or without the City; or for the acquisition, establishment, improvement, repair or extension of any streetlights, waterworks, sanitary sewer facilities, electric light plant or other public utility plant owned by the City, and for the purpose of rebuilding, adding to, extending or acquiring land therefor from time to time, within or without the City; for the acquisition of equipment, vehicles or other personal property to be used in relation to any of the improvements authorized herein; all as the necessities of the City may require, the City may borrow money and issue bonds or other obligations of the City for such purposes. Provided, that the City may issue bonds for the purpose of paying for any of the improvements mentioned in this Charter Ordinance and the land necessary therefor without such bonds having been authorized by a vote of the people.
SECTION THREE: This Charter Ordinance shall supercede Charter Ordinances No. 60 and 65, and upon effectiveness of this Charter Ordinance, Charter Ordinances No. 60 and 65 are hereby repealed. Notwithstanding the foregoing, any projects previously authorized under the authority of Charter Ordinances No. 60 and 65 are hereby deemed to be authorized under the provisions of this Charter Ordinance upon its effective date.
SECTION FOUR: If any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidity shall not affect any other provision of this Charter Ordinance. In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.
SECTION FIVE: This Charter Ordinance shall be published once a week for two consecutive weeks in the official City newspaper, and shall take effect sixty-one (61) days after final publication, unless a petition signed by a number of electors of the City equal to not less than ten percent (10%) of the number of electors who voted at the last preceding regular City election shall be filed in the office of the Clerk, demanding that this Charter Ordinance be submitted to a vote of the electors, in which event this Charter Ordinance shall take effect when approved by a majority of the electors voting at an election held for such purpose.
PASSED BY THE GOVERNING BODY, not less than two-thirds of the members elect voting in favor thereof, this 3rd day of March, 2015.
SIGNED by the Mayor this 3rd day of March, 2015.