A CHARTER ORDINANCE EXEMPTING THE CITY OF STOCKTON, KANSAS, FROM K.S.A. 79-5011 AND K.S.A. 79-1953; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AND REPEALING CHARTER ORDINANCE NO.5 OF THE CITY OF STOCKTON, KANSAS.

Section 1. The City of Stockton, 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 K.S.A. 79-1953, as amended and to provide substitute and additional provisions as herein 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 conditions. K.S.A. 79-1953 is a legislative enactment establishing a limitation on certain tax levies applicable to this city but not applicable uniformly to all cities.

Section 2. The provisions of K.S.A. 79-5001 to 79-5017 inclusive and K.S.A. 79-1593 shall not apply to or limit the levy of taxes by the City of Stockton, Kansas, and the governing body of the City of Stockton, Kansas, is hereby authorized to levy taxes in each year for the following purposes, but said governing body shall not fix a rate of levy in anyone year on each dollar of assessed tangible valuation in excess of the following levy limits:

(a)        General Operating Fund, including but not limited to the following: payment of salaries, commodities and services for employees in the general operation of the city government, police and public safety; fire protection and ambulance service; public health and sanitation; public parks and entertainment; street lighting; restrooms; forestry; memorials and civil defense; street maintenance and improvement, whether paid from a separate property tax levy fund of the city or from other tax supported funds - 20 mills;

(b)        The governing body of the City of Stockton, Kansas, is hereby authorized and empowered to levy taxes in each year for the following purposes but said governing body shall not fix a rate in anyone year on each dollar of assessed tangible valuation of the city in excess of the following rates:

(1) New Fire Equipment Fund - 1 Mill; as provided by K.S.A. 12-110b

(2) Cemetery Fund - 2 Mills; as provided by K.S.A. 12-1405

(3) Airport Fund - 2 Mills; as provided by K .S.A. 3-113

(4) Street Repair and Maintenance Fund - 5 Mills; as provided by K.S.A. 15-733

(5) Levies for Libraries, as provided by K.S.A. 12-1220; Industrial Development, as provided by K.S.A. 12-l6l7h; and Noxious Weeds as provided by K.S.A. 2-1318, not to exceed 13 Mills total. Provided: that the total of all city tax levies shall be limited to 43 Mills, except for bond principal and interest, no-fund warrants, special assessments against the city at large, employee benefits funds as provided by K.S.A. 12-16,102, and other such levies as may be authorized by statute to be outside the aggregate; and provided further, the total levy for budget year 1988 and all subsequent years for funds financed totally or in part by local ad valorem taxes shall not be increased by more than 15 percent over the total levy for such funds for the proceeding year.

Section 3. Charter Ordinance No.5 is repealed.

(3-17-87)