APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORD. NO. 77-10-18A

A CHARTER ORDINANCE EXEMPTING THE CITY OF MOUNT HOPE, KANSAS, FROM K.S.A. 1976 SUPP. 79-5001 TO 79-5016; AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

Section 1.  The City of Mount Hope, 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. 1976 Supp. 79-5001 to 79-5016 and to provide additional provisions as hereinafter set forth in this charter ordinance.  K.S.A. 1976 Supp. 79-5001 to 79-5016 is an enactment of the legislature establishing aggregate tax levy limitations 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. 1976 Supp. 79-5001 to 79-5016, inclusive, shall not apply to or limit the levy of taxes by the City of Mount Hope 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)   Costs of maintaining streets as paid now from the general operating fund, such costs to include but not be limited to maintained storage, salaries and gas and oil.

(f)   Costs of maintaining fire protection as paid now from the general operating fund, such costs to include but not be limited to general operating expenses of the fire department, utilities, equipment, salaries and supplies.

(g)   Costs for planning and zoning as now paid from the general operating fund, such costs to include but not be limited to planning and zoning salaries and supplies.

(h)   Costs for maintaining police protection as paid now from the general operating fund, such costs to include but not be limited to police salaries, police car expense, gas and oil, license tags, insurance premiums, police uniforms and police radio maintenance.

(i)    Costs for general administration of the city as now paid from the general operating fund, such costs to include but not be limited to salaries for the city clerk, city engineer, city attorney, city mayor and councilmen, all office supplies, telephone bills, designated legal publications and copying costs.

(j)    Utility service costs, whether paid from a separate property tax levy fund of the city or from any other tax supported fund.

(k)   Costs for the construction, maintenance, replacement, installation and operation of city utilities including but not limited to water systems, electric or natural gas systems, sewage systems, electric or sewage plants facilities, and solid waste services.

Section 3.  The provisions of Article 50 of Chapter 79 of the 1976 Supplement to the Kansas Statutes Annotated shall not apply to any taxes levied by the City of Mount Hope, Kansas, levied under the provisions of K.S.A. 40-2305 and 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 Mount Hope, Kansas.

Amounts produced from any levy 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 1976 Supplement to the Kansas Statutes Annotated.

Section 4.  The City of Mount Hope is hereby authorized to levy a tax for the purpose of paying utility service costs.  As used in this charter ordinance, utility service cost shall include payments made by the city to a water, electric or natural gas system, company or utility 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 operational performance of any function or service by the city.