16 Levy Utility Taxes I CHARTER ORDINANCE NUMBER 16
(First Publish.ed in The Salina Journal ~,~ /~?~J , 1978)
A CHARTER ORDINJNCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM K.S.A. 79-S011;
PROVIDING SUBSTITUTE AND ~DDITIONAL PROVISIONS ON THE SAME SUBJECT; AND AUTHORIZING THE
LEVYING OF TAXES TO CREAT~ A SPECIAL FUND FOR THE PURPOSE OF PAYING UTILITY SERVICE COSTS.
BE IT ORDAINED Ey the Governing Body of the City of Salina, Kansas:
Section 1. TheiCity of Salina, Kansas, by the power vested in it by Article 12,
~ection S of the Constitution of the State of Kansas, hereby elects to exempt itself from
-and make inapplicable to t K.S.A. 79-5011, and to provide substitute and additional provision.
as hereinafter set forth n this charter ordinance. K.S.A. 79-5011, is a part of an enactment
of the legislature establ~sing an aggregate tax levy limitation applicable to this city but
not applicable uniformly ~o 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 )rovisions of K.S.A. 79-S001 to 79-5016, inclusive, shall not
apply to or limit the levy of taxes by the City of Salina 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 judgements 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 fr)m any other tax supported fund.
Section 3. The )rovision of Article S0 of Chapter 79 of the Kansas Statutes
Annoted shall not apply to any taxes levied by the City of Salina, levied under the provisions
of K.S.A. 40-2505, 74-4920 74-4967, 12-1617h and K.S.A. 13-14a02, or to any tax levies
required for the payment o employer contributions to any pension and retirement program, or
to any other taxes authoriied by state law to be levied in addition to or exempt from the
aggregate levy limitation ~f the City of Salina.
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 tht city, shall not be used in computing any aggregate limitation
under Article S0 of Chapter 79 of the Kansas Statutes Annotated.
Section 4. The ~ity of Salina is hereby authorized to levy a tax for the purpose
of paying utility service :osts. As used in this charter ordinance, "utility service
costs" shall include payme Lts 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 performanc~
of any function or service by the city.
Section 5. This charter ordinance shall be published once each week for two (2)
consecutive weeks in the official city newspaper.
Section 6. This is a charter ordinance and shall take effect sixty-one (61) days
after its final publicatioa, unless a sufficient petition for a referend~ is filed and a
referend~ held on the ordinance as provided in Article 12, Section S, s~division (c)(5) of
the Constitution of Kansas, in which case the ordinance shall become effective if approved
by the majority of the ele;tors voting thereon.
~OPTED BY THE G)VE~ING BODY by not less th~ two-thirds (2/3) of the me. ers
voting in favor thereof and approved by the Mayor this 1Sth day of May, 1978.
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D. L. Harrison, ;ity Clerk
CITY OF SALINA )
COUNTY OF SALINE ) SS
STATE OF KANSAS )
I, D. L. Harri!son, City Clerk of the City of Salina, County of Saline, State of
Kansas, do hereby certify that the above and foregoing is a full, true and correct copy of
Charter Ordinance Number! 16 of the said City of Salina, and that all acts and things
required by Article 12, jSection 5, of the Constitution of the State of Kansas were done
and performed in the man!ner and within the time prescribed and that said ordinance became
effective on the 25th da~ of July, 1978.
Witness my hand and the seal of said city this 25th day of July, 1978.
D. L. Harrison, City Clerk