12-1257.   Libraries in urban area counties; tax levy, use of proceeds;special fund established; issuance of bonds; territory of existing libraryexcluded; adoption and publication of resolution; protest petition and election.The board of county commissioners of any county designated as an urban areaunder K.S.A. 19-2654, and amendments thereto, at the request of the countylibrary board, may make an annual levy of not to exceed one mill upon alltaxable tangible property within the county for the purpose of creating aspecial fund to be used for the acquisition of sites, and for theconstructing, equipping, repairing, remodeling and furnishing of buildingsfor county library purposes and to pay a portion of the principal andinterest on bonds issued under the authority of K.S.A. 12-1774, andamendments thereto, by cities located in the county. In addition to the taxlevy authorized herein, the board of county commissioners, at the requestof the county library board, may issue bonds of such county in an aggregateamount not exceeding 2% of the assessed tangible valuation of such county,the proceeds of which shall be placed in such special fund and may be usedfor the purposes herein enumerated. No tax levied under the authority ofthis act, either for the creation of the special fund or for the repaymentof bonds issued hereunder, shall be assessed against property in anymunicipality in which a municipal library has been established and is being maintained.

      Prior to the levying of a tax or the issuance of any bonds under theauthority of this act, the board of county commissioners shall adopt aresolution authorizing and stating the purpose for the same. Suchresolution shall be published once each week for two consecutiveweeks in a newspaper of general circulation within the county. If,within 60 days following the last publication of the resolution,a petition in opposition to the levy or the issuance of bonds, signed bynot less than 5% of the qualified electors of the county,is filed with the county election officer, no such levy shall be madeand no bonds shall be issued unless and until the same is approved by amajority of the qualified electors of the county voting thereon at aspecial election called and held for such purpose. Bonds issued underthe authority of this act shall not be subject to or within any bondeddebt limitation of the county prescribed by any other law of this stateand shall not be considered or included in applying any other lawlimiting the bonded indebtedness of such county. Any such election shallbe called, noticed and held in accordance with the provisions of K.S.A.10-120, and amendments thereto. Any tax levy made under the authority of this act shallbe in addition to all other tax levies authorized by law.

      No qualified elector of any municipality in which a municipal libraryhas been established and is being maintained shall be entitled to voteat any election called and held under the provisions of this act, norshall any such person's signature be considered valid on any petitionprovided for herein.

      History:   L. 1978, ch. 60, § 1; L. 1979, ch. 52, § 41; L. 1987, ch.69, § 1;L. 1990, ch. 66, § 14; May 31.