APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 5

A CHARTER ORDINANCE EXEMPTING THE CITY OF ANTHONY, 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 UTILITY SERVICE COSTS AND COST OF CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR OR MAINTENANCE OF STREETS.

Section 2. The provisions of K.S.A. 79-5011 to 79-5016, inclusive, shall not apply to or limit the levy of taxes by the City of Anthony for 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)         Utility service costs, whether paid from a separate property tax levy of the city or from any other tax supported fund;

(f)         Cost of construction, reconstruction, alteration, repair or maintenance of streets.

Section 3. The provision of Article 50 of Chapter 79 of the Kansas Statutes Annotated shall not apply to any taxes levied by the City of Anthony, levied under the provision of K.S.A. 40-2305, 74-4920, 74-4967, 12-1617h and K.S.A. 1977

Supp. 13-14a02, 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 Anthony.

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 Kansas Statutes Annotated.

Section 4. The City of Anthony 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 water, electric or natural gas system, company or utility for the purpose of obtaining street lighting or energy for traffic control signals or for the lighting, heating, cooling or supplying of water service (including fire hydrant rentals) or energy to any city building or facility or for the operation or performance of any function or service by the city.

(05-24-1978)