A CHARTER ORDINANCE EXEMPTING THE CITY OF CHAPMAN, KANSAS, FROM THE PROVISIONS OF K.S.A. 79-5011, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME SUBJECT; AND AUTHORIZING THE LEVYING OF TAXES TO MAINTAIN A SPECIAL FUND FOR THE PURPOSE OF PAYING STREET MAINTENANCE AND RECONSTRUCTION COSTS.
Section 1. That the City of Chapman, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it K.S.A. 79-5011, as amended, and to provide substitute and additional provisions as hereinafter set forth in this charter ordinance. K.S.A. 79-5011 is a part of an enactment of the legislature establishing an aggregate tax levy limitation to this city but not applicable uniformly to all cities, and the legislature has not established classes of cities for the purpose of imposing aggregate limitations under the constitutional provision.
Section 2. The provisions of K.S.A. 79-5001 to 79-5016 inclusive, shall not apply to or to limit the levy of taxes by the City of Chapman, Kansas, for the payment of:
(a) Principal and interest upon bonds and temporary notes;
(b) No-f und warrants issued with the approval of the State Board of Tax Appeals;
(c) Legal judgments rendered against the city;
(d) Special assessments charged against the city at large;
(e) Utility service costs, whether paid from a separate property tax levy fund of the city or from any other tax-supported fund;
(f) Street reconstruction and maintenance costs, whether paid from a separate property tax levy fund of the city or from any other tax-supported f und.
Section 3. The provisions of Article 50 of Chapter 79 of the State Statutes annotated shall not apply to taxes levied by the City of Chapman, Supp. 40-2305, 74-4920, 12-1617h, 2-1318, 12-1220, 12-1106, 44-505c, and 44-710c, or to any tax levies required for the payment of employer contributions to any pension or retirement program or to any other taxes authorized by state law to be levied, in addition to or exempt from the aggregate levy limitations of the City of Chapman, Kansas.
Amounts produced from any levies specified or authorized in the charter ordinance, including any levy or purpose authorized to be levied in addition to or exempt from the aggregate levy limit of the city, shall not be used in computing any aggregate limitation under Article 50 of Chapter 79 of Kansas Statutes Annotated, as amended.
Section 4. The City of Chapman, Kansas, is hereby authorized to levy a tax for the purpose of paying street maintenance and reconstruction costs. As used in this charter ordinance, street maintenance and reconstruction costs shall include the cost of improvements to recurb, regutter, resurface or repave, including necessary drainage facilities, any street or alley or any portion thereof when the 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.
(7-3-80)