A CHARTER ORDINANCE EXEMPTING THE CITY OF MARION, KANSAS, FROM K.S.A. 79-5011; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND AUTHORIZING THE LEVYING OF TAXES TO CREATE A SPECIAL FUND FOR THE PURPOSE OF PAYING STREET LIGHTING COSTS AND COSTS OF POLICE PROTECTION.
BE IT ORDAINED BY THE · GOVERNING BODY OF THE CITY OF MARION, KANSAS:
SECTION 1. The city of Marion, 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, 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 applicable to this city but not applicable uniformly to all cities.
SECTION 2. The provisions of K.S.A. 79-5001 to 79-5016, inclusive, shall not apply to or limit the levy of taxes by the City of Marion 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) Street lighting costs, whether paid from a separate property tax levy fund of the city or from any other tax supported fund.
(g) Costs of police protection, 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 the Kansas Statutes Annotated shall not apply to any taxes levied by the City of Marion, levied under the provisions of K. S. A. 40-2305, 74-4920, 74-4967, 12-11a03, 13-1441 or 12-1617h or 13-14,100, and K. S. A. 197 Supp. 13-14a02, 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 Marion.
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 limitation under Article 50 of Chapter 79 of the Kansas Statutes Annotated.
SECTION 4. The City of Marion is hereby authorized to levy a tax for the purpose of paying street lighting costs and that said levy shall not exceed 10 mills. As used in this charter ordinance, street lighting costs shall mean the city’s costs for electricity for lighting said street lights and maintenance of said street lights.
SECTION 5. The City of Marion is hereby authorized to levy a tax for the purpose of paying cost of pol ice protection and that said levy shall not exceed 20 mills. As used in this charter ordinance, costs of police protection shall mean the city’s costs for salaries, equipment, commodities and services necessary for the provision of police protection and services to the city of Marion.
(6-2-1980)