17 Levy Utility Taxes CHARTER ORDINAN~ NUMB~
(First Pul,lished in The Salina Journal ~ /~ ~-" , 1979)
A CHARTER ORDIN~ICE EXEMPTING THE CITY OF SALINA, KANSAS, FROM K.S.A. 79-S011;
PROVIDING SUBSTITUTE AND AI~DITIONAL PROVISIONS ON THE SAME SUBJECT; AND AUTHORIZING THE
LEVYING OF TAXES TO CREATE A SPECIAL FUND FOR THE PURPOSE OF PAYING UTILITY COSTS AND
EMPLOYEE BENEFITS; AMENDIN( CHARTER ORDINANCE NUMBER 16 AND REPEALING SAID ORIGINAL CHARTER
ORDINANCE.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Se___cti__~o~ ~. The ~ity of Salina, Kansas, by the power vested in it by Article 12,
~Section S of the Constitution! of the State of Kansas, hereby elects to exempt itself from
and make inapplicable to'il K.S.A. 79-S011, and to provide substitute and additional provisions
as hereinafter set forth il this charter ordinance. K.S.A. 79-S011 is a part of the enactment
of the legislature establi~;hing an aggregate tax levy limitation applicable to this city
but not applicable uniforml.y to all cities, and the legislature has not established classes
of cities for the purpose Of imposing aggregate limitations under said constitutional
provision. P
Section 2. The rovisions of K.S.A. 79-S001 to 79-S016, 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 war~ants issued with the approval of the State Board of Tax Appeals;
(c). Legal judgments rendered against the city;
i (d) Rent due un~er any lease with a public building commission;
- (e). Special assessments charged against the city-at-large;
!
service costs, whether paid from a separate property tax levy fund
(f).
Utility
of the city or from any other tax supported fund;
(g). Employee benefit costs.
Section $. The provisions of Article 50 of Chapter 79 of the Kansas Statutes
Annotated shall not apply to any taxes levied by the City of Salina, levied under the
provisions of K.S.A. 40-25p5, 74-4920, 74-4967, 12-11a05, 15-1441 or 12-1617h or 15-14100,
and K.S.A 1977 Supplement [5-14a02, 14-10a02, or to any tax levies required for the payment
of employer contributions ~o 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 ~alina.
Amounts produced' from any levy specified or authorized in this charter ordinance,
including any levy or purp)se authorized to be levied in addition to or exempt from the
aggregate levy limit of th city, shall not be used in computing any aggregate limitation
under Article 50 of Chapter 79 of the Kansas Statutes Annotated.
Section 4. The Zity of Salina 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 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.
Section S. Th~ City of Salina is hereby authOrized to levy a tax for the purpose
of paying employee benefi[t costs. As used in this charter ordinance, "employee benefit
shall include without limitation, payments made by the City for social security,
costs~t,
Kansas Public Employees ~etirement System, workmen's compensation benefits, employment
security, unemployment compensation benefits, Kansas Police and Fire Retirement System,
!employee and officer liability protection and medical, health, hospitalization and life
insurance, whether for th~ employee or his or her dependents.
Section 6. ChaPter Ordinance Number 16 of the City of Salina, Kansas, is hereby
repealed.
SectiOn 7. Thi~ Charter Ordinance shall be published once each week for two (2)
consecutive weeks in the )fficial city newspaper.
Section 8. Thi: is a charter ordinance and shall take effect sixty-one (61) days
after its final publicati,,n, unless a sufficient petition for a referendum is filed and a
referendum held on the or, iinance as provided in Article 12, Section S, subdivision (c)(5)
of the Constitution of Kay,sas, in which case the ordinance shall beCome effective if approved
by the majority of the el,~ctors voting thereon.
ADOPTED BY THE ]OVERNING BODY by not less than two-thirds (2/5) of the members-
elect voting in favor the:~eof and approved by the Mayor this 18th day of June, 1979.
. : _ Karen M. Graves, Mayor
(SEAL)
'ATTemPt. -
-
D.'--L. ~a'~ii~on, City Clerk
CITY OF SALINA
COUNTY OF SALINE ) SS
STATE OF KANSAS
I, D. L. Harrison, 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 117 of the said City of Salina, and that all acts and things
required by Article 12, Selction $, of the Constitution of the State of Kansas were done and
performed in the manner and within the time prescribed and that said ordinance became
effective on the 2Sth day lof August, 1979.
Witness my hand and the seal of said city this 27th day of August, 1979.
-.- - D.L. H~rrison, City Clerk