A CHARTER ORDINANCE EXEMPTING THE CITY OF ANDOVER, KANSAS FROM THE PROVISIONS OF K.S.A. 12-681 AND K.S.A. 12-682 AND PROVIDING FOR SUBSTITUTE PROVISIONS ON THE SAME SUBJECT RELATING TO STREET AND ALLEY IMPROVEMENTS.

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

SECTION 1. Election To Exempt From Certain Statutes. The City of Andover, Kansas (the “City”), pursuant to Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-681, and K.S.A. 12-682, and to provide such substitute provisions as hereinafter set forth in this Charter Ordinance. Such statutes are applicable to the City, but are part of an enactment which is not uniformly applicable to all cities.

SECTION 2. Street and Alley Improvements. The governing body the City is hereby authorized and empowered to recurb, regutter, resurface or repave, including necessary drainage facilities, any street or alley or any portion thereof when said street or alley has by reason of public travel thereon or by reason of the elements become in need of surface restoration or other construction and improvement, and the governing body shall have the power to determine such need, and when the governing body determines that the making of such improvements is deemed expedient it may by resolution so declare the necessity therefor and cause said improvement to be made. The cost of said recurbing, reguttering, resurfacing or repaving, shall be borne by the City-at-large, and the governing body is hereby empowered to issue general improvement bonds for the purpose of raising funds for making such improvements in an amount not exceeding the total cost of said improvement.

(6-28-2001)