APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 3

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERBROOK, KANSAS FROM K.S.A. 1976, SUPP. 79-5011; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT AND AUTHORIZING A LEVY OF TAXES TO CREATE SEPARATE SPECIAL FUNDS FOR THE PURPOSES OF PAYING UTILITY SERVICE COSTS, EMPLOYEE BENEFITS, PUBLIC SAFETY COSTS AND STREET MAINTENANCE AND IMPROVEMENT COSTS

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

SECTION 1: The City of Overbrook, 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 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 provision.

SECTION 2: The provisions of K.S.A. 79-5001 to 79-5016, inclusive, shall not apply to the levy of taxes by the City of Overbrook 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)   Utility service costs, whether paid from a separate property tax levy fund of the City or from any other tax supported fund;

(g)   Employee benefits whether paid from a separate property tax levy fund of the City or from any other tax supported fund;

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

(i)    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 provision of Article 50 of Charter 79 of the Kansas Statutes Annotated shall not apply to any taxes levied by the City of Overbrook, levied under the provisions of K.S.A. 40-2305, 74-4920, (74-4997), (12-lla03), (13-1441 or 12-1617h) or (13-14,100), and K.S.A. 1977 Supp.(13-14a02), (14,10a02), 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 Overbrook. 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 Overbrook is hereby authorized to levy a tax and create a special fund for each of the following purposes:

(a)   Paying utility service costs which are defined to include payments made by the City to water, electric or natural gas systems, companies or utilities 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 of Overbrook;

(b)   Paying the City’s share of the costs of employee benefits which shall include Social Security (FICA), Kansas Public Employees Retirement System (KPERS), Workmen’s Compensation benefits, employment security and unemployment compensation benefits and medical, health and hospitalization insurance;

(c)   Law enforcement and fire protection costs which shall include the City’s cost for salaries, equipment, commodities and services necessary for the provision of police and ff.re protection services to the City of Overbrook.

(d)   Paying street maintenance and improvement costs which shall include the City’s costs for salaries, equipment, materials and commodities for services necessary for the repair and improvements of streets within the City of Overbrook.

SECTION 5: This charter ordinance shall be published once each week for two (2) consecutive weeks in THE CITIZEN-TIMES, an official city newspaper” SECTION 6: This is a charter ordinance and shall take effect sixty-one (61) days after its final publication, unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by the majority of the electors voting thereon.

(03-12-1980)