19-3307. Same; powers conferred by 19-3301 et seq. also vested in cities; issuance of bonds; tax levy, use of proceeds.
19-3307
19-3307. Same; powers conferred by 19-3301 et seq. also vested in cities;issuance of bonds; tax levy, use of proceeds.Except as herein otherwise expressly provided, all of the rights,powers, authority and jurisdiction conferred on counties and boards ofcounty commissioners by the provisions of chapter 19, article 33 of theKansas Statutes Annotated are hereby also conferred upon and vested inany city located in any county such as described in K.S.A. 19-3301 andthe governing body thereof.
The governing body of any such city, in the name of the city, shallhave the power to enter into undertakings and contracts and makeagreements in like manner and for like purposes as the board of countycommissioners are authorized by this act to enter into undertakings andcontracts and make agreements in the name of the county; and may acquirelands, rights-of-way and easements either within or without the limitsof the city for like purposes as the board of county commissioners areauthorized by K.S.A. 19-3302 and 19-3308 by purchase, gift or by eminentdomain proceeding in the manner prescribed by K.S.A. 26-501 to 26-516,inclusive, and may issue general obligation bonds of the city to pay thecosts thereof and expenses connected therewith in the manner nowprovided by law; but the aggregate of any such bonds so issued shall notbe in excess of three and one-half percent (3 1/2%) of the totalassessed tangible valuation of the city. The governingbody of any city may issue additional general obligation bonds of thecity for such purposes not in excess of one and one-half percent(1 1/2%) of the total assessed tangible valuation of the city, butbefore such additional bonds may be issued, the governing body of thecity shall submit the question of the issuance of such additional bondsand the amount thereof to the qualified electors of the city at aregular city election or at a special election called for that purposeas provided by law. The total aggregate ofall such bonds shall not be in excess of five percent (5%) of the totalassessed tangible valuation of the city. Any city having a population of more than one hundred ten thousand(110,000) located in a county having a population of less than onehundred eighty thousand (180,000) may issue such bonds in an aggregateamount, including bonds outstanding and any bonds previously retired,which is not in excess of six and one-half percent (6 1/2%) of thetotal assessed tangible valuation of such city.
Such bonds shall not be subject to, nor included in any restrictionsor limitations upon the amount of bonded indebtedness of said citycontained in any other law. Funds received from the sale of bonds by anysuch city may be used to pay any loss, damage or expense for which thecity or the governing body thereof may be liable in like manner ascounties are authorized to pay such loss, damages or expense under theprovisions of K.S.A. 19-3304. For the purposes of maintaining andoperating such flood control works as shall be constructed by the UnitedStates army corps of engineers or other agencies of the United Statesgovernment, when the same shall have been completed and turned over tothe city, and for the purpose of maintaining and operating any floodcontrol works or dikes heretofore or hereafter constructed for thepurpose of protecting such city from floods and to pay a portion of theprincipal and interest on bonds issued by such city under the authorityof K.S.A. 12-1774, and amendments thereto, the governing body of suchcity shall be empowered to make an annual tax levy upon all the taxabletangible property within said city. It shall be the duty of thegoverning body of the city to keep all such flood control works anddikes in serviceable condition and to make such repairs as may, fromtime to time, be necessary. Such cities are authorized to regulateexcavations within their city limits as provided in this section, K.S.A.19-3301 and K.S.A. 19-3309. Applications for excavationpermits filed with the city shall be first considered by the cityengineer and subject to review by the city governing body in the mannerprescribed by K.S.A. 19-3309 for the county engineer and the board ofcounty commissioners.
History: L. 1945, ch. 391, § 7; L. 1947, ch. 202, § 1; L.1957, ch. 189, § 1; L. 1963, ch. 197, § 1; L. 1963, ch. 234, § 49; L.1965, ch. 180, § 1; L. 1970, ch. 69, § 18; L. 1971, ch. 93, § 4; L.1975, ch. 494, § 31; L. 1979, ch. 52, § 126; July 1.