12-2104.   Payment of cost of refuse collection; tax levy, use of proceeds;service charges; issuance of bonds for land or equipment; protest petitionand election.The governing body may (a) pay the cost out of the general fund or otherproper fund or may levy an annual tax upon all taxable tangible propertyin the city to pay the cost and to pay a portion of the principal andinterest on bonds issued by such city under the authority of K.S.A.12-1774 and amendments thereto; (b) provide service chargesto be paid by those receiving service, which charges may be graduatedaccording to the amount of garbage or trash of theparty receiving the service and the frequency of collection, withpenalties for failure to pay when due; or (c) pay a part of theexpense out of the general fund or other proper fund and by such a taxlevy and the rest by service charges. When service is provided as amunicipal function and funds are insufficient for the purchase ofequipment, the acquiring of land and the construction of buildings,incinerators or other structures, bonds may be issuedpayable by a general tax or by revenue from service charges, but nobonds shall be issued until a resolution is adopted by the governingbody providing for the issue thereof and the same is publishedonce each week for two consecutive weeks in the official city newspaper.After the adoption of such resolutionsuch bonds may be issued unless a petition in opposition to the same,filed by not less than 5% of the electors of such city,is filed with the county election officer within 30 daysfollowing the publication of the resolution. If such petitionis filed, the governing body shall submit the question to the voters atan election called for such purpose or at the next general cityelection. If authorized by the favorable vote of a majority of thosevoting on the proposition at the election, such bonds may be issued.

      History:   L. 1947, ch. 128, § 4; L. 1968, ch. 93, § 1; L.1968, ch. 340, § 1; L. 1970, ch. 69, § 12; L. 1975, ch. 494, § 13; L.1979, ch. 52, § 53; L. 1981, ch. 173, § 29; July 1.