19-2106.   Homes for the aged; definition; establishment, procedure;tax levy, use of proceeds; issuance of bonds; election required;designation of infirmary or county home as home for the aged.Any county may establish a "home for the aged," the same to be used as ahome for aged persons, and such other persons as the board of countycommissioners of the county shall direct, under such rules andregulations as the board of county commissioners shall prescribe. Homesfor the aged shall also be construed, for the purposes of this act, tomean personal care homes, boarding homes, and nursing homes. Such homesfor the aged as defined above shall be established in the followingmanner:

      (a)   The board of county commissioners of any county is herebyauthorized to make an annual tax levy of not to exceed two mills uponthe taxable tangible property of the county, or to issue and sellgeneral obligation bonds of such county, for the purpose of creating andproviding a special fund to be used in acquiring a site for, and thebuilding, equipping, repairing, remodeling and furnishing of a home forthe aged or for any one or more of such purposes. Said tax levy shallalso be made to pay a portion of the principal and interest on bondsissued under the authority of K.S.A. 12-1774, and amendmentsthereto, by cities located in the county. Said tax levy may be madeannually for a period not to exceed two years until sufficient fundshave been created for said purpose or purposes. The board of countycommissioners shall determine the total amount necessary to be raisedfor such purposes by the tax levy, but such amount shall not exceedfour-tenths (4/10) of the one percent (1%) of the assessed tangiblevaluation of the county, and the aggregate of any such bonds issued andsold shall not exceed two percent (2%) of the assessed valuation of saidcounty and the amount so determined shall be included in the resolutionhereinafter provided for. The interest and principal of such fund may beused for the purposes as in this act provided. No tax levies or bondissue shall be made under the provisions of this section until aresolution authorizing the making of such tax levies to create suchspecial fund or authorization to issue bonds be passed by the board ofcounty commissioners nor until the question has been submitted to thevoters at an election called for such purpose or at the next generalelection.

      (b)   If the board of county commissioners adopts a resolution asprovided in subsection (a) then such board of county commissioners shallsubmit the question to the qualified electors of the county at the nextgeneral election to be held in the county, or if no general electionshall be held within six months then at a special election called forthat purpose. The tax herein authorized in subsection (a) is in additionto all other tax levies authorized by law, and shall not be subject tothe limitations prescribed by K.S.A. 79-1947 and amendmentsthereto. Bonds issued under this act by any county shall not be subjectto nor counted in determining the application of any other law limitingthe amount of indebtedness of such county.

      (c)   The board of county commissioners may, by resolution designate apresent existing county infirmary or county home to be a home for theaged, and after such resolution, the provisions of this act shall beapplicable to such infirmary or home.

      (d)   The said county is hereby authorized, pending the actualcollection and receipt of such proceeds authorized in subsections (a)and (b) to issue warrants of said county in an amount not exceeding theamount to be realized by such tax levy and not exceeding the amountnecessary for such improvements. Such warrants shall be paid through theproceeds of the special levy hereinbefore authorized.

      History:   L. 1953, ch. 167, § 1; L. 1955, ch. 155, § 1; L.1961, ch. 140, § 1; L. 1979, ch. 52, § 106; July 1.