A CHARTER ORDINANCE EXEMPTING THE CITY OF ELLIS, KANSAS FROM SUBSECTION A, OF K.S.A. 12-1908, RELATING TO A SYSTEM OF PUBLIC RECREATION AND PLAYGROUNDS, CERTIFICATION OF BUDGET, TAX LEVY, AND ELECTION TO REVOKE AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

Section 1.         The City of Ellis, Kansas, under authority of Article 12, Section 5, of the Constitution of the State of Kansas, hereby exempts itself from and makes inapplicable the provisions of subsection A, of K.S.A. 12-1908, which applied to the said city, but the provisions of which do not apply uniformly to all cities, and to provide substitute and additional provisions on the same subject, as hereinafter provided.

Section 2.         Except as otherwise providing in subsection B of this section, when the provisions of this act shall have been adopted by an election, the commission shall annually, and not later than 20 days prior to the date for the publishing of the budget of said city, or school district, certify its budget to said city or school district, which shall levy tax sufficient to raise the amount required by such budget, but in no event more then one mill, or the amount set out in the petition provided for in section 12-1904 of the general statutes of 1949, as amended, provided, when said petition shall have been submitted to a city and school district jointly, said budget shall be certified to the city or school district; provided further, that such levy shall not be deemed or considered a levy of such city or school district in determining the aggregate levy of said city or school district, under any or the statutes of this state. That after three years operation, the authority to levy the tax provided for in this section, may be revoked by a majority of the electors voting at an election called in the same manner as the election authorizing same.   Upon such revocation all property and money belonging to such commission shall become the property of the city or school district levying the tax under this section. In the event a petition signed by at least five percent of the qualified and registered voters of the city or school district shall hereafter be filed with the clerk of either the city or school district, directed to the governing bodies of said city and school district jointly, requesting such bodies to jointly provide, establish, maintain, and conduct a supervised recreation system and to levy an annual tax therefore, not to exceed one mill, all as provided for in this act, and if such proposition be adopted by a majority of those voting on it at the election, then the recreation system as carried out theretofore by the city or school district independently of each other, shall be considered revoked and all property and money belonging to such former commission shall become the property of the commission of the city and the school district acting jointly. In the event that such proposition be not adopted by majority of those voting on it at the election, then the recreation system and commission in existence prior to the election shall remain in full force and effect, the same as though said election had not been had.

(01-09-1968)