19-3508.   Revenue bonds; election; petition for resubmission; taxlevies to pay expenses, when.Before any water district shall be authorized to issue any revenue bondsfor the establishment, construction, purchase, operation and maintenanceof any water supply and distribution system or to incur any expensestherefor, except the necessary expenses involved in making theauthorized survey, plans, specifications, rate structures and costestimates, the question of issuance of such revenue bonds, to providefunds for the proposed plan or program as approved by the water districtboard shall be submitted to a special election of the qualified electorsresiding in such water district. The water district board may call suchan election by resolution at any time, except as herein otherwisespecifically provided. If said water district board shall fail to callsuch bond election within ninety (90) days after the date of approval ofa plan or program, then it shall be mandatory upon said water districtboard to call such an election, whenever a petition, signed by onethousand (1,000) qualified electors residing within the area comprisingthe water district, is filed with said board. If a majority of the legalvotes cast at such an election are in the affirmative, the waterdistrict board shall proceed to construct, purchase, condemn orotherwise acquire a water supply and distribution system and to issuerevenue bonds in payment of the same. If the majority of legal votescast at such special election are in the negative such water districtmay be disorganized by the affirmative vote of said water district boardor said board may continue such water district in existence and upon apetition submitted to them signed by one thousand (1,000) qualifiedelectors residing within the water district, resubmit the question ofsuch public improvements upon the same or different preliminary plans ata future special election. No such special election shall be held withinone (1) year after the rejection of such proposition.

      If a majority of the legal votes cast at any bond election are in thenegative, or if the votes are in the affirmative and for any reasonnotwithstanding such affirmative vote the properties of the privatelyowned water system cannot be or is not acquired by said district eitherby purchase or by condemnation or because of any fair value approved bythe district court having jurisdiction is not found feasible and forsuch reason is not approved by the board or for any other reason, thenin such event or events the water district board shall certify to theboard of county commissioners a detailed statement of all expensesincurred prior thereto by the district that may not have been paid fromfunds derived from the issuance of no-fund warrants as authorized inK.S.A. 19-3505a.The county treasurer shall pay such expenses to the persons entitledthereto upon orders signed by the chairman of the board of countycommissioners and attested by the county clerk. And thereupon the countyclerk shall determine the rate of tax necessary to be levied on all thetaxable, tangible property in the district to pay such expenses. Uponthe determination of such rate of tax, said county clerk shall certifythe same to the board of county commissioners of every county in whichany portion of the area of such district lies and said boards of countycommissioners shall levy such tax on all taxable, tangible property insuch district in their respective counties. Upon the collection of suchtax in any county other than the county in which the greatest portion ofthe area of the district lies, the county treasurer of such county shalltransmit the same to the county treasurer of the county in which thegreater portion of such district lies. For the purpose of enabling thecounty clerk to fix a rate of tax as hereinbefore prescribed, the countyclerks of all other counties wherein any portion of the area of suchdistrict lies shall, on or before July 15 of each year certify to suchcounty clerk determining said rate the total assessed valuation of thetaxable, tangible property within the area of such district that lieswithin his county. Said tax levy shall be in addition to all other taxlevies authorized or limited by law and shall not be subject to orwithin the aggregate tax levy limit prescribed by K.S.A. 79-1947, or actsamendatory thereof.

      History:   L. 1951, ch. 240, § 8; L. 1957, ch. 192, § 5; April 17.