APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\Charter Ordinance No. 5

A CHARTER ORDINANCE EXEMPTING THE CITY OF AUGUSTA, KANSAS, FROM K.S.A. 79-5011; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND AUTHORIZING THE LEVYING OF TAXES TO CREATE A SPECIAL FUND FOR THE PURPOSE OF PAYING EMPLOYEE BENEFITS.

Section 1.  The City of Augusta, 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.

Section 2.  The provisions of K.S.A. 79-5001 and 79-5016, inclusive, shall not apply to or limit the levy of taxes by the City of Augusta 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)   Employee benefits costs.

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 Augusta, levied under the provisions of K.S.A. 40-2305 and 79-4920, 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 Augusta.

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 Augusta is hereby authorized to levy a tax for the purpose of paying the city’s share of employee benefits costs. As used in this charter ordinance, employee benefits costs shall include payments made by the city for employee benefits, exclusive of any salary, wages or other direct payments to such employees, as may be prescribed by ordinance of the governing body.

(06-05-78)