12-1276.   Leavenworth and Leavenworth county library district; creation;powers and duties of board; tax levy; budget; payments to certain libraries.(a) When used in this section:

      (1)   "County" means Leavenworth county;

      (2)   "city" means the city of Leavenworth, Kansas;

      (3)   "library district" means all territory located within Leavenworth countyexcept that territory located within the corporate limits of the city ofTonganoxie and Linwood community library district No. 1 and Basehor communitylibrary district No. 2;

      (4)   "board" means the library board of trustees appointed pursuant to theprovisions of this act;

      (5)   "library" means a library which serves the general public and issupported in whole or in part with tax money and shall be called theLeavenworth county library;

      (6)   "governing body" means the governing body of a city or the board ofcounty commissioners of a county;

      (7)   "maintenance and support" means the general and usual cost and expenseof operating a library.

      (b)   The proposition to establish a library district in Leavenworth countymay besubmitted to the qualified electors of the proposed library district.The proposition shall be submitted in the same manner and subject to theconditions provided in K.S.A. 12-1261.

      (c)   Except as provided by subsections (d) and (e), if the proposition toestablish a library district is approved, thelibrary district and board shall have the powers, duties and functions of alibrary district created pursuant to K.S.A. 12-1261.

      (d)   The board of a library district created pursuant to this section shallnot have the power to issue general obligation bonds as authorized byK.S.A. 12-1270.

      (e) (1)   The board of a library district created pursuant to this sectionshall prepare, publish and approve an annual budgetfor the maintenance and support of the library and may levy a tax not to exceed3 3/4 mills on all taxable tangible property in the library district.At least 10 days prior to filing the adopted budget with the county clerk, theboard shall submit the budget to the governing body for review thereby.

      (2)   Whenever the board determinesthat the tax levy of 3 3/4 mills authorized by paragraph (1) is insufficientto maintain and support the library, the board shall adopt a resolutiondeclaring it necessary to increase the annual levy by an additional amountnot to exceed 1/4 mill in any one year up to a total amount which shallnot exceed an amount equal to eight mills in any year.

      (3)   Any suchresolution adopted under paragraph (2) shall state the total amountof the tax to be levied forlibrary purposes and shall be published once each week for twoconsecutive weeks in the official county newspaper. Whereupon such annuallevy in an amount not to exceed the amount stated in the resolution maybe made for the ensuing budget year and each successive budget yearunless a petition, signed by at least 5% of the qualified electors of thelibrary district, requesting an election upon the proposition toincrease the tax levy in excess of the current tax levyis filed with the county election officer within 60days following the date of the last publication of theresolution. In the event a valid petition is filed, no such increasedlevy shall be made without such proposition having been submitted to andhaving been approved by a majority of the electors of the library districtvoting at anelectioncalled and held thereon. All such elections shall be called and held inthe manner provided by the general bond law. Suchtaxes shall be levied and collected in like manner as other taxes, whichlevy the board shall certify, on or before August 25of each year, to the county clerk who is hereby authorized andrequired to place the same on the tax roll of the county to becollected by the county treasurer and paid over by the county treasurer tothe treasurer of such board.

      (4)   The levy authorized by this section shall not be deemed a levy of thecity or county, and shall be in addition to all other levies authorized orlimited by law.

      (f) (1)   Subject to the provisions of subsection (f) of K.S.A.12-1266, theboard shall pay annually to the city of Tonganoxiethe sum of money equal to 35% of the amount of money such city has budgeted forthe annual operation and maintenance of such city's library.The first such payment shall be made payable anddelivered to the cityon or before the 31st day of December first following approval of the creationof the district at the election conducted pursuant to K.S.A.12-1261, and each yearthereafter. Suchpayments shall be in lieu of annual grants such township libraries receive fromthe northeast Kansas library system.

      (2)   Subject to the provisions of subsection (f) of K.S.A.12-1266, the boardshall pay annually to Basehor community library district No. 2the sum of money equal to 25% of the amount of money such district has budgetedfor the annual operation and maintenance of such district's library.The first such payment shall be made payable anddelivered to such library districton or before the 31st day of December first following approval of the creationof the district at the election conducted pursuant to K.S.A.12-1261, and each yearthereafter. Suchpayments shall be in lieu of annual grants such township libraries receive fromthe northeast Kansas library system.

      (3)   Subject to the provisions of subsection (f) of K.S.A.12-1266, the boardshall pay annually to Linwood community library district No. 1the sum of money equal to 30% of the amount of money such district has budgetedfor the annual operation and maintenance of such district's library.The first such payment shall be made payable anddelivered to such library districton or before the 31st day of December first following approval of the creationof the district at the election conducted pursuant to K.S.A.12-1261, and each yearthereafter. Suchpayments shall be in lieu of annual grants such township libraries receive fromthe northeast Kansas library system.

      History:   L. 1992, ch. 133, § 12; July 1.