19-15,116. Same; financing of costs; issuance of bonds, procedure; tax levy, use of proceeds; adoption and publication of resolution; protest petition and election; no-fund warrants.
19-15,116
19-15,116. Same; financing of costs; issuance ofbonds, procedure; tax levy, use of proceeds; adoption and publication ofresolution; protest petition and election; no-fund warrants.The board of county commissioners of any county may for the purposeshereinbefore authorized and provided:
(a) Receive and expend gifts;
(b) receive and expend grants-in-aid of state or federal funds;
(c) issue general obligation bonds of the county. If it is determinedthat it is necessary to issue more than $300,000 in general obligation bondsfor the purposes hereinbefore authorized, such bonds shall not beissued until the question of their issuance has beensubmitted to a vote of the qualified electors of the county and has beenapproved by a majority of those voting thereon at a general electionor at a special election called for that purpose. Such election shall becalled and held and bonds issued in the manner provided by the generalbond law;
(d) make an annual tax levy of not to exceed one mill for aperiod of not to exceed 10 years upon all taxable tangibleproperty in the county for the purpose of creating a building fund to beused for the purposes herein provided and to pay a portion of the principaland interest on bonds issued under the authority of K.S.A.12-1774, and amendments thereto, by cities located in the county, exceptthat no such levies shallbe made until a resolution authorizing the same shall be adopted by theboard of county commissioners stating the specific purpose for whichsuch fund is created, the total amount proposed to be raised, the numberof years such tax levy shall be made and shall be published once eachweek for three consecutive weeks in the official county newspaper.Whereupon such levies may be made unless a petition requesting anelection upon the proposition, signed by electors equal in number to notless than 10% of the electors of the county who voted forthe secretary of state at the last preceding general election, is filedwith the county clerk within 30 days following the lastpublication of such resolution. In the event such petition is filed, theboard of county commissioners shall submit the question to the voters atan election called for that purpose and held within 90 daysafter the last publication of the resolution or at the next generalelection if held within that time and no such levies shall be madeunless such proposition shall receive the approval of a majority of thevotes cast thereon. Such election shall be called and held in the mannerprovided in the general bond law. Such building fund may be used for thepurposes stated in the resolution establishing the same at any timeafter the making of the second levy and if there are insufficient moneysin the building fund for such purpose the board of county commissionersmay, in the manner provided by the general bond law of the state issuegeneral obligation bonds of the county in an amount which together withthe amount raised by the tax levies will not exceed the total amountstated in the resolution creating such fund. All levies authorized underthe provisions of this section shall be in addition to and not limitedby any other act authorizing or limiting the tax levies of suchcounties. Counties are hereby authorized to invest any portion of thespecial building fund which is not currently needed in investmentsauthorized by K.S.A. 12-1675, and amendments thereto, in themanner prescribed therein or in direct obligations of the United Statesgovernment maturing or redeemable at par and accrued interest withinthree years from date of purchase, the principal and interestwhereof is guaranteed by the government of the United States. Allinterest received on any such investment shall upon receipt thereof becredited to the special building fund, except that the board of countycommissioners of any county which has heretofore established a buildingfund under the provisions of this act may, if it shall find that theamount of the fund as originally established is insufficient for suchpurposes, by resolution redetermine and increase the amount necessary tobe raised for the purpose for which such fund was originally created andmay make or continue to make an annual tax levy of not to exceed onemill upon all of the taxable tangible property of the county for thepurpose of providing the additional funds contemplated by thesupplemental resolution and to pay a portion of the principal and intereston bonds issued under the authority of K.S.A. 12-1774, and amendments thereto,by cities located in the county. Such supplemental resolution shall bepublished and shall be subject to petition for election and becomeeffective in like manner as that provided for the original resolution;
(e) issue no-fund warrants in the manner and form and bearinginterest and redeemable as prescribed by K.S.A. 79-2940, and amendmentsthereto, except that they may be issued without the approval of the statecourt of tax appeals, and without the notation required bysuch section. The board of county commissioners shall make a tax levy at thefirst tax levying period after such warrants are issued, sufficient to pay suchwarrants and the interest thereon. All such levies shall be in addition to allother levies authorized or limited by law and the tax limitations provided byarticle 19 of chapter 79 of the Kansas Statutes Annotated shall not apply tosuch levies;
(f) use moneys from the general operating fund or other appropriatedbudgeted fund when such is available;
(g) use moneys received from the sale of public buildings orbuildings and sites without regard to limitations prescribed by thebudget law;
(h) or may combine any two or more of such methods of financing forthe purposes herein authorized, except that counties shall first usefunds received from the payment of insurance claims for damagessustained by any such public building before resorting to methods offinancing herein authorized;
(i) authorize the county engineer to supervise the work necessaryfor the purposes herein provided, including the right of such countyengineer to have such work done by force account as well as by contract.
History: L. 1965, ch. 198, § 3; L. 1972, ch. 77, § 1; L.1977, ch. 54, § 26; L. 1979, ch. 52, § 89; L. 1982, ch. 118, § 1;L. 2008, ch. 109, § 43; July 1.