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

A CHARTER ORDINANCE EXEMPTING THE CITY OF BUFFALO, KANSAS, FROM K.S.A. 79-5011; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT AND AUTHORIZING THE LEVYING OF A TAX OF 15.00 MILLS TO CREATE A SPECIAL FUND FOR THE PURPOSE OF PAYING STREETS LIGHTS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE City OF BUFFALO:

SECTION 1. The City of Buffalo, 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 Buffalo 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)   Utility service costs, whether paid from a separate property tax levy fund of the city or from any other tax supported fund.

(f)    Employee benefit fund 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, as amended, shall not apply to any taxes levied by the City of Buffalo, 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 Buffalo. 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, as amended.

SECTION 4. The City of Buffalo is hereby authorized to levy a tax for the purpose of paying utility service costs. As used in this charter ordinance, “utility service costs” shall include payments made by the city to an electric company for the purpose of obtaining street lighting for the city of Buffalo.

(03-04-1985)