A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER FROM CERTAIN PROVISIONS OF K.S.A. 12-1737 REGULATING THE LEVYING OF AN ANNUAL TAX FOR THE CREATION OF A BUILDING FUND.
The City of Clearwater, Kansas, a city of the third class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas elects to exempt itself from and make inapplicable to it K.S.A. 12-1737 insofar as that Section limits the-authority of the City in establishing a building fund. The statute referred to is applicable to this City but is not applicable uniformly to all cities in the State of Kansas and the legislature has not established classes of cities for the purpose of establishing a building fund.
The governing body of the City of Clearwater may erect or construct, acquire by gift, purchase, condemnation or lease a public building or buildings and procure any necessary site therefor or install streets, curb and guttering, sidewalks, sewers, waterlines, or other public improvements and procure any necessary sites therefore by gift, purchase, or condemnation and may alter, repair, reconstruct, remodel, replace or make additions to, furnish or equip a public building or buildings. In doing so may
(d) levy an annual tax of not more than four mills, which tax levy may be made for a period not exceeding ten (10) years upon all taxable tangible property in the City of Clearwater for the purpose of creating a building fund to be used for the purposes hereinbefore provided and to pay a portion of the principle and interest on bonds issued by such City under the authority of K.S.A. 12-1774 and amendments thereto;
(h) combine any two or more of such methods of financing for the purposes herein authorized except that cities shall first use funds received from the payment of insurance claims for damages sustained by any such public building before resorting to methods of financing herein authorized.
No levies shall be made for the purpose of creating a building fund under the provisions of this ordinance until a resolution authorizing the making of such levies is adopted by the governing body of the city. Such resolution shall state the total amount proposed to be raised and the number of years a tax levy shall be made. The resolution shall be published once each week for two consecutive weeks in the official city paper. After such publication, the levies may be made.
The levy authorized by this section shall be in addition to and not limited by any other act authorizing or limiting the tax levies of the city. The building fund may be used for the purposes provided by this act at any time after the first levy has been made. If there are insufficient moneys in the building fund for expenditures for such purposes, the governing body of the city may issue bonds of the city in the manner provided by the general bond law of the state and in an amount which together with the amount raised by the tax levy authorized by this act, will not exceed the total amount stated in the resolution creating such fund. The City is hereby authorized to invest any portion of the special building fund which is not currently needed in investments authorized by K.S.A. 12-1675 and amendments thereto in the manner prescribed therein or in direct obligations of the United States government maturing or redeemable at par and accrued interest within three years from date of purchase, the principal and interest whereof is guaranteed by the government of the United States. All interest received on any such investment shall upon receipt thereof be credited to the special building fund.
No-fund warrants issued under the authority of this ordinance shall be issued in the manner and form and bear interest and be redeemed as prescribed by K.S.A. 79-2940 and amendments thereto, except that they may be issued without the approval of the state board of tax appeals and without the notation required by K.S.A. 79-2940 and amendments thereto. The governing body of the city issuing such warrants shall levy a tax for the first tax levying period after such warrants are issued, sufficient to pay such warrants and the interest thereon. All such tax levies shall be in addition to all other levies authorized or limited by law, and none of the tax limitations provided by article 19 of chapter 79 of the Kansas Statutes Annotated and amendments thereto shall apply to such levies.
(10-19-1992)