APPENDIX A - CHARTER ORDINANCESAPPENDIX A - CHARTER ORDINANCES\CHARTER ORDINANCE NO. 10

A CHARTER ORDINANCE EXEMPTING THE CITY OF OAKLEY, KANSAS, FROM K.S.A. 79-5011, AS AMENDED; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AUTHORIZING THE LEVYING OF TAXES TO CREATE A SPECIAL FUND FOR THE PURPOSE OF PAYING STREET MAINTENANCE AND RECONSTRUCTION COSTS.

Be It Ordained By the Governing Body of the City of Oakley, Kansas:

SECTION 1. The City of Oakley, 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 applicable 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 said constitutional provision.

SECTION 2. The provisions of K.S.A. 79-5001 to 79-5016, as amended, inclusive, shall not apply to or limit the levy of taxes by the City of Oakley for the payment of:

A. Principal and interest upon bonds and temporary notes:

B. No-fund 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. Street reconstruction and maintenance costs, whether paid from a separate property tax levy fund of the city or from any other tax-supported fund:

SECTION 3. The provisions of Article 50 of Chapter 79 of Kansas Statutes Annotated, and all amendments thereto, shall not apply to any taxes levied by the City of Oakley under the provisions of K S.A. 40-2305, 74-4920, 12-1617h, or to any tax levies required for the payment of employer contributions to any pension and retirement program, or to any other taxes authorized by state law to be levied in addition to or exempt from the aggregate' levy limitation of the City of Oakley.

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 the Kansas Statutes Annotated, as amended.

SECTION 4. The City of Oakley 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 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 reconstruction or improvement.

(05-05-1980)