A CHARTER ORDINANCE ALLOWING THE CITY OF HESSTON, KANSAS, TO ADOPT K.S.A. 12-825d, SUBSECTION (b), AND 12-825g, AS AMENDED; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AUTHORIZING THE CREATION OF A SPECIAL FUND FOR THE PURPOSE OF COMMUNITY AND UTILITY PROMOTION.

Section 1.  The City of Hesston, Kansas, by the powers vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to adopt and make applicable to it K.S.A. 12-825d and 12-825g, as amended, and to provide substitute and additional provisions as hereinafter set forth in this charter ordinance.  K.S.A. 12-825d and 12-825g are a part of an enactment of the legislature establishing a community and utility promotion fund from surplus utility moneys but is not applicable uniformly to all cities.

Section 2.  The provisions of K.S.A. 12-825d shall apply to the City of Hesston in this manner:

(a)        Upon approval of the voters as authorized by K.S.A. 12-825g, and amendments thereto, a part of utility surpluses may be annually transferred, for a period not exceeding five years, to a special fund, which shall be known as “The Community and Utility Promotion Fund.”

(b)        The total amount transferred to such fund in any one calendar year shall not exceed one percent of the gross income derived from the sale of water, fuel, power and light during the preceding year by such city, or (2) $10,000, whichever amount is the lesser, and at no time shall there be more than $50,000 in said fund, and the moneys in said fund may be expended for the purposes authorized by K.S.A. 12-825g, and amendments thereto.

(c)        Such surpluses, in whole or in part, may be set aside in a depreciation reserve fund of the utility which may be used as hereinabove provided, and which may be invested in investments authorized by K.S.A. 12-1675 and amendments thereto.

(08-06-80)