A CHARTER ORDINANCE EXEMPTING THE CITY OF NEWTON, KANSAS FROM SECTION 12-14a03 OF KANSAS STATUTES ANNOTATED AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT PROVIDING FOR THE CONDITIONS UNDER WHICH THE TAX LEVY FOR THE CREATION OF A BAND FUND MAY BE DISCONTINUED.

Section 1. The City of Newton, Kansas, a Commission-Manager City of the First Class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to, and exempts itself from and makes inapplicable to it Section 12-14a03, Kansas Statutes Annotated, being a part of Chapter 98, Laws of 1925, as amended, which does not apply uniformly to all cities, and to provide substitute and additional provisions as hereinafter set forth.

Section 2. The governing body of the city may by ordinance adopted by at least a four-fifths vote of all its members, discontinue the tax levy for the creation of a band fund for the city. Said ordinance shall be published once each week on the same day of the week for two consecutive weeks in the official city newspaper and shall become effective 30 days following the date of the last publication thereof.

If within 30 days after the last publication of said ordinance there shall be filed in the office of the city clerk no later than 5:00 p.m. on the last day a petition signed by qualified electors equal in number to not less than 20 percent of the electors who voted at the preceding regular city election as shown by the poll books demanding that the subject matter of the ordinance be submitted to a vote of the electors, the governing body shall call an election to be held within 120 days after the last publication of said ordinance, at which election the following question shall be submitted:

“Shall the tax levy for the creation of a band fund for the City of Newton, Kansas, be discontinued?”

and said ordinance will not take effect until said question is submitted to a referendum and approved by a majority of the electors voting thereon.

(9-1-71)