A CHARTER ORDINANCE EXEMPTING THE CITY OF PEABODY, KANSAS, FROM K.S.A. 79-1953; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REMOVING ANY LIMITATIONS OF TAX LEVY; REPEALING CHARTER ORDINANCE NO. 1 OF SAID CITY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PEABODY:

SECTION ONE. The City of Peabody, Kansas, a city of third 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 make inapplicable to it, K.S.A. 79-1953, and provide substitute and additional provisions as hereinafter set forth in this ordinance. K.S.A. 79-1953 is applicable to this city but is not applicable uniformly to all cities of the third class, and the legislature has not established classes of cities for the purpose of imposing tax limitations and prohibitions under said constitutional provision.

SECTION TWO. The Governing Body of the City of Peabody, Kansas, is hereby authorized and empowered to levy taxes in each year on each dollar of assessed tangible valuation of said city for the following city purposes; provided, that the city purposes specifically authorized by other statutes are not excluded because they are not enumerated herein:

General operating fund, (which shall include the following activities): general government and street lighting; city police; city fire department; street maintenance; park maintenance and swimming pool.

Said Governing Body may levy an amount necessary to meet the requirements of its adopted budget.

SECTION THREE. Charter Ordinance No. 1, adopted by the City of Peabody, shall be and the same is hereby repealed.

(08-27-1974)