Charter Ordinance No. 8

A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER FROM THE PROVISIONS OF K.S.A. 12-1220 ET SEQ., K.S.A. 79-5001 ET SEQ., AND K.S.A. 79-1953 INSOFAR AS SAID STATUTES LIMIT THE AUTHROITY OF THE CITY TO LEVY TAXES FOR PURPOSES OF ESTABLISHING AND MAINTAINING A LIBRARY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER:

Section 1.  There is hereby amending Section 3.04.050 and 3.04.060 of the Municipal Code of the City of Clearwater, as follows:

Section 3.04.050.  Exemption from State Statutes Limiting Tax Levies for Library Purposes. 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. 12-1220, et seq., K.S.A. 79-5001, et seq., and K.S.A 79-1953, insofar as they limit the authority of the city to levy taxes for support of its public library and provides substitute and additional provisions as hereinafter set forth in this ordinance.  The statues are applicable to this city but are not applicable uniformly to all cities in the State of Kansas and the legislature has not established classes of cities for the purpose of imposing tax limitations and prohibitions under said constitutional provision.

Section 3.04.060.  New and Substitute Provisions. The Governing Body of the City of Clearwater is hereby authorized and empowered to levy taxes in each year for the library fund, but said Governing Body shall not fix a rate of levy in any one year on each dollar of assessed tangible valuation of said city in excess of the sum of 4 mills.