12-345.   Same; consolidated city-county, powers, duties, limitations;bonded debt; sales tax; special service districts.(a) If the voters approve a plan which provides for theconsolidation of the city and county, such consolidated city-county shall besubject to the provisions of this section.

      (b)   Wyandotte county is hereby designated an urban area, as authorized underthe provisions of section 17 of article 2 of the constitution of the state ofKansas, for the purpose of granting to such county and urban area powers oflocal government and consolidation of local government.

      (c)   The consolidated city-county shall be subject to the cash-basis andbudget laws of the state of Kansas.

      (d)   Except as provided in subsection (e), and in any other statute whichspecifically exempts bonds from the statutory limitations on bondedindebtedness, the limitation on bonded indebtedness of a consolidatedcity-county under this act shall be 30% of the assessed value of alltangible taxable property within such county on the preceding August 25.

      (e)   The following shall not be included in computing the total bondedindebtedness of the consolidated city-county for the purposes of determiningthe limitations on bonded indebtedness:

      (1)   Bonds issued for the purpose of refunding outstanding debt, includingoutstanding bonds and matured coupons thereof, or judgments thereon.

      (2)   Bonds issued pursuant to the provisions of article 46 of chapter 19 ofthe Kansas Statutes Annotated, and amendments thereto.

      (3)   Bonds issued for the purpose of financing the construction orremodeling of a courthouse, jail or law enforcement center facility, whichbonds are payable from the proceeds of a retailers' sales tax.

      (4)   Bonds issued for the purpose of acquiring, enlarging, extending orimproving any storm or sanitary sewer system.

      (5)   Bonds issued for the purpose of acquiring, enlarging, extending orimproving any municipal utility.

      (6)   Bonds issued to pay the cost of improvements to intersections of streetsand alleys or that portion of any street immediately in front of city or schooldistrict property.

      (f)   Any bonded indebtedness and interest thereon incurred by the city orcounty prior to consolidation shall remain an obligation of the propertysubject to taxation for the payment thereof prior to such consolidation.

      (g)   Upon the effective date of the consolidation of the city and county, anyretailers' salestax levied by the city or county in accordance with K.S.A. 12-187 et seq.,andamendment thereto, prior to such date shall remain in full force and effect,except that part of the rate attributable to the former city shall not apply toretail sales in the cities of Bonner Springs, Edwardsville and Lake Quivira.

      (h)   Upon the effective date of the consolidation of the city and county,the territory of the consolidated city-county shall include:

      (1)   All of the territory of the county for purposes of exercising thepowers, duties and functions of a county.

      (2)   All of the territory of the county, except the territory of the citiesof Bonner Springs, Edwardsville, Lake Quivira and the unincorporated area ofthe county, for purposes of exercising the powers, duties and functions of acity.

      (i)   For thepurposes of section 1 of article 5 of the constitution of the state of Kansas,the "voting area" for the governing body of the consolidated city-county shallinclude all the territory within Wyandotte county.

      (j)   Except for the consolidated city-county and unless otherwise provided bylaw, other political subdivisions of the county shall not be affected byconsolidation of the city and county. Such other political subdivisions shallcontinue in existence and operation.

      (k)   Unless otherwise provided by law, the consolidated city-county shall beeligible for the distribution of any funds from the state and federalgovernment as if no consolidation had occurred. Except as provided in thissubsection, the population and assessed valuation of the territory of theconsolidated city-county shall be considered its population and assessedvaluationfor purposes of the distribution of moneys from the state or federalgovernment.

      (l)   The consolidated city-county shall be a county. The governing body ofthe consolidated city-county shall be considered county commissioners for thepurposes of section 2 of article 4 of the constitution of the state of Kansasand shall have all the powers, functions and duties of acounty and may exercise home rule powers in the manner and subject to thelimitations provided by K.S.A. 19-101a, and amendments thereto, and other lawsof this state.

      The governing body of the consolidated city-county shall be responsible forany duties or functions imposed by the constitution of the state of Kansas andother laws of this state upon any county office abolished by the consolidationplan. Such duties may be delegated by the governing body or as provided in theconsolidation plan.

      (m)   The consolidated city-county shall be a city of the first class. Thegoverning body of the consolidated city-county shall have all the powers,functions and duties of a city of the first class and may exercise home rulepowers in the mannerand subject to the limitations provided by article 12 of section 5 of theconstitution of the state of Kansas and other laws of this state.

      (n)   The governing body of the consolidated city-county may create specialservice districts within the city-county and may levy taxes for servicesprovided in such districts.

      (o)   Changes in the form of government approved by the voters in accordancewiththe consolidation plan are hereby declared to be legislative matters andsubject to initiative and referendum in accordance with K.S.A. 12-3013 etseq., and amendments thereto.

      History:   L. 1996, ch. 11, § 6; Feb. 29.