A CHARTER ORDINANCE PROVIDING FOR THE IMPROVEMENT OR MAINTENANCE OF CERTAIN STREETS OR PORTIONS OF STREETS IN THE CITY OF LA CYGNE, LINN COUNTY, KANSAS, AND EXEMPTING SAID CITY FROM THE PROVISIONS OF SECTION 15-720 K.S.A., AS AMENDED, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PAYMENT OF THE COST THEREOF.

WHEREAS, Section 15-720 K.S.A., as amended, provides for the issuance of general obligation bonds by any city of the third class but requires an election to be held before said bonds can be issued and also limits the term of the bonds to not exceed five years; and

WHEREAS, it is now desirable to pass a charter ordinance exempting said city from the provisions of Section 15-720 K.S.A., as amended, and to provide substitute and additional provisions on the same subjects of improving and maintaining streets and the issuance of bonds for the payment of the costs thereof.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LA CYGNE, LINN COUNTY, KANSAS:

Section 1. That pursuant to the provisions of Section 5, Article 12, of the Constitution of the State of Kansas, the City of La Cygne, Linn County, Kansas, hereby elects to exempt itself from and to make inapplicable to it Section 15-720 K.S.A., as amended, which applies to said City but the provisions of which do not apply uniformly to all cities and does provide by this charter ordinance substitute and additional provisions on the same subjects, to-wit:

That whenever the governing body of the City of La Cygne, Kansas, shall deem it necessary to re-grade, repave, re-oil, re-macadamized, resurface, repair or maintain any street or portion of any street which has been graded, paved, oiled, macadamized, surfaced, repaired or maintained under the provisions of Section 12-602 or Section 12-665 K.S.A. and any amendments thereto. The governing body may cause such street or portions of a street to a re-graded, repaved, re-oiled, re-macadamized, resurfaced, repaired or maintained and the same may be ordered by resolution of the governing body of the said City and shall be done at the expense of the City at large and the payment of the cost of such re-grading, repaving, re-oiling, re-macadamizing, resurfacing, repairing, and maintenance may be made by the issuance of General Obligation Improvement Bonds of the City.

Such bonds shall be made payable at such time as the governing body shall provide by ordinance and the terms and interest rate, etc. shall be within the requirements of Section 10-103 K.S.A. and any amendments thereto.

No election shall be required before the issuance of said bonds and said bonds shall be general obligation of the City and shall be issued in the manner as provided by the general bond law.

(06-15-1972)