A CHARTER ORDINANCE EXEMPTING THE CITY OF OAKLEY, KANSAS, FROM K.S.A. 79-5011, AS AMENDED, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AUTHORIZING THE INCLUSION OF CERTAIN EMPLOYEE BENEFITS WITHIN THE EMPLOYEE BENEFITS CONTRIBUTIO FUND FOR THE CITY OF OAKLEY, AND EXEMPTING SAME FROM THE PROPERTY TAX LID LIMITATIONS.

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

Section 1. The City of Oakley, Kansas, a city of the third 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 exempts itself from and makes inapplicable to it K.S.A. 79-5011, as amended, which is not applicable uniformly to all cities of the third class and the legislature not having establish d classes of cities for the purpose of imposing tax limitations and prohibitions, and provides substitute and additional provisions as I hereinafter provided.

Section 2. The provisions of K.S.A. 79-5001 to 79-5016, inclusive, shall not apply to or limit the levy of taxes for the payment of:

(a) Principal and interest upon bonds and temporary notes;

(b) no-fund warrants issued prior to April 3, 1970, and no-fund warrants issued after such date but prior to April 30, 1973, with the approval of the state board of tax appeals upon the basis of a finding of extreme emergency;

(c) no-fund warrants issued after April 30, 1973, when authorized by the state board of tax appeals subject to the conditions and requirements of K.S.A. 79-2938, 79-2939, 79-2941 and 79-2951 and where said board in addition specifically finds that an extreme emergency exists;

(d) judgments rendered against taxing subdivisions;

(e) rent due under any lease with a public building commission authorized by K.S.A. 12-1757 to 12-1768, inclusive, and acts amendatory thereof, which rent is for a facility specified in a resolution adopted prior to April 3, 1970, pursuant to K.S.A. 12-1767, and is pledged to retire bonds issued under the authority of such act;

(f) special assessments, and as used in article 50 of chapter 79 of Kansas Statutes Annotated the term “special assessments” shall include amounts assessed either specifically as special assessments or using other terminology but being in the nature of special assessments; •

(g) the city's share of the cost of medical, health and hospitalization insurance for employees of the city. The provisions of article 50 of chapter 79 of Kansas Statutes Annotated do not apply to the tax levies authorized or required under K.S.A. 40-2305, 72-4424, 74-4920, 74-4967, 12-11a01, 12-1617h, 13-14,100, 19-262, and K.S.A. 1977 Supp. 13-14a02, 19-4004, 19-4011, 19-4102, 19-4443, 71-301 and 72-7074 or to tax levies required for the payment of employer contributions to any other employee pension and retirement program not hereinbefore specifically designated which was in existence on July 1, 1970 .