A CHARTER ORDINANCE EXEMPTING THE CITY OF GALVA, 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 UTILITY SERVICE COSTS; AND A UTHORIZING THE LEVYING OF TAXES TO CREATE A SPECIAL FUND FOR THE PURPOSE OF PAYING STREET MAINTENANCE AND RECONSTRUCTION COSTS.
Section 1. The City of Galva, 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 Galva 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) Rent due under any lease with a public building commission;
(e) Special assessments charged against the city at large;
(f) Utility service costs, whether paid from a separate property tax levy fund of the city or from any other tax-supported fund; and
(g) 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 Galva under the provisions of K.S.A. 40-2305, 74-4920, 74-4967, 12-1617h, 2-681, or 14-10a02, 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 Galva.
Amounts produced from any levies specified or authorized in this 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 Galva is hereby authorized to levy a tax for the purpose of paying utility service costs. As used in this charter ordinance, utility service costs shall include payments made by the city to any water, electric or natural gas system, company or utility, including the Board of Public Utilities of the City of McPherson, for the purpose of obtaining street lighting or traffic control signals or for the lighting, heating, cooling, or supplying of water or energy to any city building or facility or for the operation or performance of any function or service by the city.
Section 5. The City of Galva 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 construction and improvement.
(3-1-1982)