A CHARTER ORDINANCE EXEMPTING THE CITY OF MILTONVALE, KANSAS, FROM K.S.A 79-5011, AS AMENDED; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AUTHORIZING THE LEVYING OF TAXES TO CREATE A FUND FOR THE PURPOSE OF PAYING STREET MAINTENANCE AND RECONSTRUCTION COSTS.

Section 1. The City of Miltonvale, 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, as amended, and to provide substitute and additional provisions as hereinafter set forth in this charter ordinance. K.S.A. 70-5011 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 provisions.

Section 2. The provisions of K.S.A. 70-5001 to 57-5016 as amended, inclusive, shall not apply to or limit the levy of taxes by the City of Miltonvale 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) Rent due under any lease with a public building commissions; (e) Special assessments charged against the city at large; (f) Street reconstruction and maintenance 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 and all amendment there to, shall not apply to any taxed levied by the City of Miltonvale under the provisions of K.S.A 40-2806, 74-4920, 74-4967, 12-1617h, 14-10a02, or 15-733, or to any tax levies required for the payment of employer contributions to any pensions or retirement program or to any other tax authorized by state law to be levied in addition to or exempt from the aggregate levy limitation of the City of Miltonvale, Kansas. Amounts produced from any levies 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 or Chapter 79 of the Kansas Statutes Annotated, as amended.

Section 4. The City of Miltonvale is hereby authorized to levy a tax for the purpose of paying for street maintenance and reconstruction costs. As used in this charter ordinance, “street maintenance and reconstruction costs” shall include the cost of regrading, repaving, reoiling, academizing, resurfacing, recurbing, reguttering, providing necessary drainage facilities for streets and repairing or maintaining any street or portion of any street which is located within the city.

(5-15-1980)