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 BUILDING FUND PURSANT TO K.S.A. 19 1980 SUPP. 12-1737, STATING THE PURPOSE FOR SUCH FUND, THE TOTAL AMOUNT PROPOSED TO BE RAISED, AND THE NUMBER OF YEARS SUCH TAX LEVY SHALL BE MADE.

BE IT RESOLVED 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. 79-5011 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. Constructing, purchasing, repairing, furnishing and equipping public building owned and maintained by the City of Oakley, Kansas.

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 limit at ion 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 make an annual tax levy of two (2) mills upon all taxable tangible property within the City of Oakley , Kansas, shall be assessed for the purpose of creating said building fund, which tax levy shall be made for a period of ten (10) years. The total amount proposed to be raised by said levy is not to exceed $250,000.00.

(07-20-1981)