CHARTER ORDINANCE NO. 77

A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS FROM THE PROVISIONS OF K.S.A. 13-14, 106 AND K.S.A. 1979 SUPP. 13-14, 107 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NO. 57 OF THE CITY OF WICHITA, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

SECTION 1. The City of Wichita, Kansas, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself and hereby makes inapplicable to it K.S.A. 13-14, 106 and K.S.A. 1979 Supp. 13-14, 107 which sections apply only to cities of the first class having a population of more than one hundred seventy-five thousand, and hereby provides substitute and additional provisions as are hereafter set forth.

SECTION 2. The City of Wichita, Kansas is authorized and empowered by Ordinance to establish and continue a retirement system for all employees of such city and all employees of the Board of Park Commissioners of such city, the Library Board of such city, the Art Museum Board of such city, the Community Grievance Advisory Board of such city, the Civil Rights and Equal Employment Commission of such city, the Administrative Staff of the Metropolitan Transit Authority of such city, and the Airport Authority of such city, not already covered by the police and fire pension plans adopted pursuant to Charter Ordinance No. 19, as amended by Charter Ordinance No. 24, No. 27, No. 31, No. 34, No. 46, No. 49, No. 53, No. 55, No. 64 and No. 76, providing for age and disability retirement, subject to the following limitations:

(a) To defray a portion of the cost of any such retirement plan, the governing body shall provide for a salary deduction of not to exceed seven percent (7.00%) on all salaries of such employees;

(b) The annual retirement allowance in any case shall not exceed seventy-five percent (75.00%) of the employee′s average annual compensation during the three (3) consecutive years of employment prior to retirement during which he received the highest total compensation and such annual retirement allowance shall be paid in twelve (12) equal monthly installments.

SECTION 3. The City of Wichita, Kansas, by virtue of the Home Rule powers recited in Section 1 herein, hereby elects to exempt itself, and hereby makes inapplicable to it K.S.A. 1979 Supp. 13-14, 107 and, for the purpose of defraying a portion of the cost of such retirement system, the governing body of the City of Wichita, Kansas, is hereby authorized and empowered to levy a tax without mill limitation, which levy may be in addition to the limits of levies now provided by law in such city, or the city may use any miscellaneous revenues in the general government fund, or revenues from both such tax levy and such miscellaneous fund.

SECTION 4. Charter Ordinance No. 57 of the Code of the City of Wichita, Kansas, is hereby repealed.

SECTION 5. This ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

SECTION 6. This is a Charter Ordinance and shall become effective February 18, 1981, unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY not less than two-thirds of the members elect voting in favor thereof, this 9th day of December, 1980.

ROBERT G. KNIGHT
Mayor

ATTEST: (Seal)

DONALD C. GISICK
City Clerk