12-1680.   City and county service for programs for the elderly; tax levy,use of proceeds; petition or resolution and election; territory served bycity program excluded from county program, when.Whenever a petition containing the signatures of not less than 5% of theregistered voters of any city or county is filedwith the appropriate county election officer requesting an election on thequestion of whether a tax levy of not more than one mill except that incounties having a population of more than 15,500 and less than 16,000, atax levy of not more than 1.5 mills shall be madeon all of the taxable tangible property in the city or county for thepurpose of creating or continuing a service program for the elderlyoperated by municipalities as defined in K.S.A. 10-101, and amendmentsthereto, or nonprofit organizations, such proposition shall be submittedto the voters of thecity or county at a question submitted election held in accordance withthe provisions of K.S.A. 10-120, and amendments thereto. The proposition submittedshall be in the following form: "An annual tax of __ (a specifiedamount or not to exceed a specified amount) mill shall be levied in __________(city or county) to fund a service program for the elderly." The boardof county commissioners of any county or the governing body of any cityon its own motion may provide by resolution or ordinance for an annual taxlevy of not more than one mill, except that in counties having a populationof more than 15,500 and less than 16,000, such tax levy shall not exceed1.5 mills, for the purpose stated in this section, and such propositionshall be submitted to the voters of the county or city for approval or rejectionwithout petition in the manner provided in this section, and the propositionshall be stated in the same form asif in response to a petition. If amajority of the qualified electors voting on the proposition vote "yes"such tax levy shall be made annually on all of the taxable tangibleproperty within the city or county for such purpose and to pay a portionof the principal and interest on bonds issued under the authority ofK.S.A. 12-1774, and amendments thereto, by cities located inthe county. If the proposition does not specify the amount of the levybut prescribes the maximum, such levy shall be in an amount specified bythe board of county commissioners or governing body of the city notexceeding the maximum so specified. Such tax levy shall be in additionto all other tax levies authorized by law. No citywhich has approved a service program for the elderly at an election heldunder this section shall be included in a countyservice program for the elderly so long as such city service program isin operation. In any year after the year in which a tax is first leviedunder the provisions of this act, the board of county commissioners ofthe county or the governing body of the city may resubmit theproposition to make a levy in such amount as may be determined necessaryto fund such program or may on their own motion by resolution orordinance fix the amount of such levy in any amount, not exceeding theamount stated in the original proposition submitted to and approved bythe electors of the county or city, which such board of commissioners orgoverning body deems necessary to finance the service program in suchyear. A county having a population of more than 15,500 and less than 16,000shall not increase its mill levy above one mill for service programs forthe elderly without the approval of a majority of the qualified electorsvoting on such a proposition as provided in this section.

      History:   L. 1974, ch. 52, § 1; L. 1975, ch. 70, § 1; L. 1976,ch. 80, § 1; L. 1979, ch. 52, § 47; L. 1981, ch. 72, § 1; L. 1981,ch. 73, § 1;L. 1990, ch. 66, § 15; May 31.