A CHARTER ORDINANCE EXEMPTING THE CITY OF LA CYGNE, KANSAS FROM K.S.A.  79-5011; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND AUTHORIZING THE LEVYING OF TAXES TO CREATE SEPARATE SPECIAL FUNDS FOR THE PURPOSES OF PAYING PUBLIC SAFETY COSTS OF POLICE AND FIRE PROTECTION AND STREET MAINTENANCE AND IMPROVEMENT COSTS.

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

SECTION 1. The City of La Cygne, 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. 79-5011, and to provide substitute and additional provisions as hereinafter set forth in this charter ordinance. K.S.A. 79-5011 is a part of an enactment of the legislature applicable to this City but not applicable uniformly to all cities.

SECTION 2. The provisions of K.S.A. 79-5001 to 79-5016, inclusive, shall not apply to or limit the levy of taxes by the City of La Cygne, 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;

(d)        Rent due under any lease with a public building commission;

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

(f)         Public safety costs of police protection whether paid from a separate property tax levy fund of the City or from any other tax supported fund;

(g)        Public safety costs of fire protection whether paid from a separate property tax levy fund of the City or from any other tax supported fund;

(h)        Street maintenance and improvement costs whether paid from a separate property tax levy fund of the City or from any other tax supported fund.

SECTION 3. The provisions of Article 50 of Chapter 79 of the Kansas Statutes Annotated shall not apply to any taxes levied by the City of La Cygne, Kansas, levied under the provisions of K.S.A. 40-2305, 74-4920, 74-4967, or 12-1617h 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 La Cygne, 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 Kansas Statutes Annotated.

SECTION 4. The City of La Cygne, Kansas, is hereby authorized to levy a tax and create a special fund for each of the following purposes:

(a)        Law enforcement protection costs which shall include the City’s cost for salaries, equipment, commodities and services necessary for the provision of police protection services to the City of La Cygne, Kansas.

(b)        Fire protection costs which shall include the City’s cost for salaries, equipment, commodities and services necessary for the provision of fire protection services to the City of La Cygne, Kansas.

(c)        Street maintenance and improvement costs which shall include the City’s cost for salaries, equipment, materials and commodities for services necessary for the repair and improvements of streets within the City of La Cygne, Kansas.

(01-24-1983)