A CHARTER ORDINANCE EXEMPTING THE CITY OF SUBLETTE, KANSAS FROM K.S.A. 79-5001; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; CREATING A SPECIAL FUND FOR THE PURPOSE OF EQUIPMENT AND MACHINERY ACQUISITION, REPAIR, IMPROVEMENT, MODIFICATION AND MAINTENANCE; PROVIDING FOR THE LEVYING OF A TAX THEREFOR; AND REPEALING CHARTER ORDINANCE NO. 4 OF THE CITY OF SUBLETTE, KANSAS
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SUBLETTE, KANSAS:
SECTION 1: The City of Sublette, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, does hereby elect to exempt itself from, and make inapplicable to it, K.S.A. 79-5011, 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 provisions.
SECTION 2: The provisions of K.S.A. 79-5001 to 79-5017, inclusive, shall not apply to or limit the levy of taxes by the City of Sublette for the payment of:
(a) Principal and interest on bonds and temporary notes;
(b) No-fund warrants issued with the approval of the State Board of Tax Appeals;
(c) Final legal judgments rendered against the City;
(d) Special assessments as that term is defined in K.S.A. 79-5011(f) and the tax levies therein further identified and referred to and for the purpose therein stated; and
(e) Equipment and machinery acquisition, repaid, improvement, modification and maintenance costs, whether paid from the special equipment and machinery fund hereinafter created or from any other tax-supported funds.
SECTION 3. The provisions of Article 50 of Chapter 79 of the Kansas Statutes Annotated shall not apply to any taxes levied by the City of Sublette, Kansas, levied under the provision of K.S.A. 40-2305, 74-4920, 74-4967, 12-1617h, 19-4404 and 19-4443, 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 limit for said City shall not be used in computing any aggregate limitation under Article 50 of Chapter 79 of the Kansas Statutes Annotated.
SECTION 4: The City of Sublette, Kansas, does hereby create and establish a special fund entitled “Equipment and Machinery Fund” and is hereby authorized to levy a tax in each of the next five (5) consecutive years at a rate in each such year of not to exceed thirteen (13) mills on each dollar of assessed tangible valuation, for the payment of all costs incident to the acquisition, repair, improvement, modification and maintenance of equipment and machinery useful and necessary for the performance of any function or service by the said City.
(05-04-1981)