A CHARTER ORDINANCE EXEMPTING THE CITY OF BENTON, 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 STREET MAINTENANCE AND CONSTRUCTION COSTS.

Section 1. The City of Benton, Kansas, by the power vested in it by Article 12 of 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 the taxes of the City of Benton 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)   Special assessments charged against the city at-large;

(e)   Street maintenance and construction 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 shall not apply to any taxes levied by the City of Benton under the provisions of any laws of the State of Kansas pertaining to tax levies required for the payment of street maintenance or construction costs. 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 to 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 Benton is hereby authorized to levy a tax for the purpose of paying street maintenance and construction costs. As used in this charter ordinance, “street maintenance and construction costs,” shall include payments made by the city for the costs of improvements, to recurb, regutter, resurface or repave, including necessary drainage facilities, any street or alley or any portion thereof, when said street or alley has by reason of public travel thereon or by reason of the elements, become in need of surface restoration or other construction and improvement. And the cost of any construction of new street or alley or the curb and gutter thereon located within the limits of the City of Benton.

(04-05-1982)