12-6,122.   Public improvements; notice requirements when election is to becalled.(a) When used in this section, "municipality" means anycounty,township, city, municipal university, school district and any other taxingdistrict or political subdivision of the state.

      (b)   Whenever the governing body of any municipality proposes to make apublicimprovement and the question of making or financing such improvement issubmitted for approval by the qualified electors of the municipality, thegoverning body shall include in the notice of such election:

      (1)   The type of public improvement to be made;

      (2)   the projected cost of making such public improvement;

      (3)   the projected cost of professional services to be acquired and paid forin conjunction with such improvement, including, but not limited to,architectural, engineering, legal, bond underwriting, financial advisory, bondrating and other services;

      (4)   if bonds are to be issued, the projected date on which the bonds wouldbe retired;

      (5)   if sales and use taxes are to be levied, the projected date on which theproposed tax will expire; and

      (6)   any other information deemed necessary by the governing body of themunicipality to provide full disclosure relating to the proposed publicimprovement.

      Nothing in this subsection shall be grounds to challenge the validity of theelection on the improvementor the method of financing the improvement and expenses related thereto if thegoverning body has made a good faith effort to comply with the requirements ofthis subsection based upon the information available to the governing body atthe time of the publication of the notice.

      (c)   If at any time after an election is held authorizing the financing ormaking of an improvement and prior to the letting of contracts for suchimprovement, the governing body of the municipality determines that the cost ofthe improvement will exceed, by at least 20%, the amount of the projected coststated in the notice of the election as required by subsection (b), thegoverning body shall not authorize the letting of contracts for suchimprovement until the governing body publishes a notice in a newspaper ofgeneral circulation within the municipality of the time, date and place of apublic hearing before the governing body concerning the cost of the publicimprovement. At such hearing the governing body shall explain the basis forthe variance in costs for the public improvement from projected costs publishedin accordance with subsection (b) and receive comments from the public thereon.

      (d)   After the hearing required by subsection (c),the governing body may:

      (1)   Authorize the letting of contracts for the completion of the publicimprovement;

      (2)   determine the project is not feasible and not let the contracts; or

      (3)   submit the question of making such improvement and the method offinancing such project to the qualified electors of the municipality. Suchelection shall be called and held in the manner provided by the general bondlaw.

      (e)   If the governing body of the municipality determines that thecontinuation of the public improvement project is not feasible or the questionsubmitted to the qualified electors in accordance with subsection (d) is notapproved at the election held thereon, the governing body shall not issue bondsor, if the project is to be financed in accordance with a retailers' sales taxin accordance with K.S.A. 12-187 et seq., and amendments thereto,the governing body shall repeal that portion of such tax attributable to thefinancing of the public improvement project in the manner provided by K.S.A.12-187, and amendments thereto. No portion of a countywide retailers' salestax shall be repealed for the reasons set forth in this subsection unless anduntil the governing bodies of the county and all the cities therein adoptresolutions providing therefor.

      History:   L. 1996, ch. 222, § 2; July 1.