10-108a.   Nonlitigation certificate; incorporation intranscript;form.The governing body of any municipality issuing bonds pursuant to article1 of chapter 10 of the Kansas Statutes Annotated, shall execute andincorporate in the transcript of the proceedings leading up to theissuance of such bonds a nonlitigation certificate in substantially thefollowing form:

      "It is hereby certified that other than a challenge by a propertyowner to the amount of a special assessment to be levied against theowner's property or a challenge by a property owner to the amount of acondemnation award there is no controversy, suit or other proceeding of anykind pending or threatened wherein or whereby any question is raised or maybe raised, questioning, disputing or affecting in any way the legalorganization of the issuing municipality or its boundaries, or the right ortitle of any of its officers to their respective offices, or the legalityof any official act shown to have been done in the transcript of theproceedings leading up to the issuance of the bonds, or theconstitutionality or validity of the indebtedness represented by the bondsshown to be authorized in the transcript, or the validity of the bonds orany of the proceedings in relation to the issuance or sale thereof, or thelevy and collection of a tax other than a challenge by a property owner tothe amount of a special assessment to be levied against the owner'sproperty to pay the principal and interest thereof."

      In the event there is no challenge by a property owner to the amount of aspecial assessment to be levied against the owner's property or to theamount of a condemnation award, the appropriate references thereto may bedeleted from the certificate.

      History:   L. 1978, ch. 54, § 1; L. 1987, ch. 58, § 1; April 16.