A CHARTER ORDINANCE EXEMPTING THE CITY OF PEABODY, KANSAS, FROM K.S.A. 1976 SUPP. 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 UTILITY SERVICE COSTS.

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

SECTION 1. The City of Peabody, 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. 79-5011, and to provide substitute and additional provisions as hereinafter set forth in the Charter Ordinance. K.S.A. 1976 Supp. 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 provision.

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 Peabody, Kansas, 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;

(e)   Special assessments charged against the city at large;

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

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 Peabody, Kansas, levied under the provisions of K.S.A. 40-2305 and 74-4920, 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 Peabody, 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 in the Kansas Statutes Annotated.

SECTION 4. The City of Peabody, Kansas, is hereby authorized to levy a tax for the purpose of paying utility service costs. As used in this Charter Ordinance, “utility service costs” shall include payments made by the city to a water1 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 operation or performance of any function or service by the city.

(06-06-1977)