19-120.   Multi-year capital improvement fund; purpose; investment andtransfer of moneys in fund.(a) The board of county commissioners of any county, which has formallyapproved a multi-year capital improvement plan setting forth the publicimprovement and infrastructure needs of the county on a prioritized basis,may establish, by adoption of a resolution, a capital improvements fund.The resolution establishing such fund, and any amendments thereto, mayprovide for the budgeted transfer of moneys from other county fundslawfully available for improvement purposes to the capital improvementsfund, including moneys in the county's federal general revenue sharing fundand general fund. Any general property tax specifically levied for the useof such fund shall be authorized by resolution adopted under the provisionsof K.S.A. 19-101a, and amendments thereto.

      (b)   Moneys in such capital improvements fund may be used to finance, inwhole or in part, any public improvement need set forth in the adoptedcapital improvement plan, including the repair, restoration andrehabilitation of existing public facilities. The resolution may providethat disbursements from such fund may be made for engineering and otheradvance public improvement plans and studies and that reimbursements maybe made to the fund from bond proceeds, specialassessments or state or federal aid available for the completed project.

      (c)   Except for such reimbursed expenses, no moneys shall be credited tosuch special fund except as may be budgeted annually, or transferred by theannual budget from other funds. Such fund shall not thereafter be subjectto the provisions of K.S.A. 79-2925 to 79-2937, inclusive, and amendmentsthereto. In making the budgets of such counties, the amounts credited to,and the amount on hand in, such special fund and the amount expendedtherefrom shall be shown thereon for the information of the taxpayers ofsuch counties. Moneys in such fund may be invested in accordance with theprovisions of K.S.A. 10-131, and amendments thereto, with interest thereoncredited to such fund.

      (d)   If the board of county commissioners determines that money which hasbeen transferred to such special fund or any part thereof is not needed forthe purposes for which so transferred, the board, by adoption of aresolution, may transfer such amount not needed to the general or otherfund from which it was derived and such transfer and expenditure thereofshall be subject to the budget requirement provisions of K.S.A. 79-2925 to79-2937, inclusive, and amendments thereto.

      History:   L. 1987, ch. 91, § 2; July 1.