A CHARTER ORDINANCE EXEMPTING THE CITY OF MARION, KANSAS FROM K.S.A. 1965 SUPP. 79-1952 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AUTHORIZING AND LIMITING TAX LEVIES IN ANY ONE YEAR ON EACH DOLLAR OF ASSESSED TANGIBLE VALUATION AND PRESCRIBING AN AGGREGATE FOR ALL CITY-WIDE TAX LEVIES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MARION, KANSAS:

Section 1 : The City of Marion, Kansas, a city of the second class, 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 makes inapplicable to it K.S.A. 1965 Supp., 79-1952, which is not applicable uniformity to all cities of the second class and the legislature not having established classes of cities for the purpose of imposing tax limitations and prohibitions and provides substitute and additional provisions as hereinafter provided.

Section 2. : The Governing Body of the City of Marion, Kansas, is hereby authorized and empowered to levy taxes in each year for the following city purposes, but said Governing Body shall not fix a rate of levy in any one year on each dollar of assessed tangible valuation of the city in excess of the following rates:

(a)   General Operating Fund (which shall include the following activities): general government, police department, fire department, health and sanitation, including refuse collection and disposal, highways (all public traveled ways, including bridges), sewer maintenance, sewage treatment and disposal, parks, municipal housing authority, municipal planning commission, cemeteries, street lighting, rest room, hydrant rental, forestry, civil defense, local flood control, traffic control, community buildings, swimming pools and parks (22 mills).

(b)   Provided, that any revenue derived from the motor vehicle and motor fuel taxes shall be budgeted to the credit of the highways department of said general operating fund and shall be [MISSING SECTION]

(c)   Library (3 mills); provided, that two mills of said levy shall be outside the aggregate levy limits prescribed by this ordinance.

(d)   Special lighting Fund (1 mill).

(e)   Band: As provided in section 12-14a02 of the General Statutes of 1949 or any amendments thereto:

       (1)   Without an election (.50 mills)

       (2)   With an election (1 mill)

(f)   Industrial Fund: As provided and authorized by K.S.A. 1964, 13-1441, et seq. or any amendment thereto (1 mill)

(g)   Provided, that the aggregate of all city-wide tax levies of such city, except levies for the payment of bonds and interest thereon, levies for the control and eradication of noxious weeds, and levies authorized by other statutes to be outside the aggregate is hereby limited to thirty mills (30 mills) on each dollar of assessed tangible valuation of said city.

Section 3: This ordinance shall be published once each week for two (2) consecutive weeks in the official city newspaper.

Section 4: This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication, unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c) (3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by the majority of the electors voting thereon.

Passed by the Governing Body, not less than two-thirds of the members-elect voting in favor thereof, the 16^th day of May, 1967.

(7-18-1967; Repealed by C.O. No. 3A)