12-1933.   Termination of joint recreation commission by agreement;establishment of recreation department; protest; tax levy.As an alternative to the procedure provided byK.S.A. 12-1929, and amendments thereto, thegoverning body of any citymay authorize by ordinance that an agreement be entered intoby such governing body with the governing body of any school districtlocated in such city to terminate the recreation commission jointlyestablished by such city and school district and to establish arecreation division within an existing department of the city governmentor to establish a recreation department of the city government. Suchordinance shall provide that such agreement may include provisions forthe use of school property for recreation purposes. Such ordinance shallbe published once each week for two consecutive weeks in the official citynewspaper and if within 30 days after the last publication of a petitionsigned by at least 5% of the qualified voters of the city requesting anelection upon such question, an election shall be called and held thereon.Such election shall be called and held in the manner provided by thegeneral bond law, and the cost of the election shall be borne equally bythe city and the school district. If no protest or no sufficient protestis filed or if anelection is held and the proposition is approved by a majority of those voting thereon,such cityshall be authorized to establish such recreation division or department andmay make a tax levy in an amount not to exceed fourmills upon all taxable tangible property of the city for recreationpurposes and to pay a portion of the principal and interest on bonds issuedby such city under the authority of K.S.A. 12-1774, and amendments thereto.

      No levy in excess of three mills shall be made under the authorityof this section until the governing body shall have adopted a resolutionauthorizing the making of the levy in excess of three mills. Suchresolution shall state the purpose for which the levy in excess of three millsis to be made and shall be published once in the official citynewspaper. Whereupon such annual levy in an amount not to exceed theamount stated in the resolution may be made for the ensuing budget yearand each successive budget year unless a petition requesting an electionupon the proposition to increase the tax levy in excess of the currenttax levy, signed by not less than 5% of the qualifiedvoters of the city, is filed with the city clerk within 30days following publication of the resolution. In the event a validpetition is filed, no such increased levy shall be made without suchproposition having been submitted to and having been approved by amajority of the qualified voters of the city voting thereon. Suchelection shall be called and held in the manner provided by the generalbond law, and the cost of the election shall be borne by the city.

      History:   L. 1987, ch. 71, § 12;L. 1990, ch. 66, § 18; May 31.