3-316.   Application of act; levy for airport purposes; resolution; publication;protest; election.This act shall apply only in counties having a population of more than 16,000and not more than 17,000. The board of county commissioners of any countyowning fee simple title to real estate used as a county airport for theservice of all aircraft and pilots desiring to use the same may make anannual tax levy for a period of not exceeding five years in an amount notto exceed two mills, upon the assessed taxable tangible property in suchcounty for the purposes specified in this act. No levy shall be made underthis act until a resolution is adopted by such board of county commissionersin the following form:

BE IT RESOLVED that:

      The above-named county shall be authorized to make an annual tax levy fora period of _________ years in the amount of _____ mills upon the assessedtaxable tangible property of such county for the purpose of construction,reconstruction, repair, remodeling, additions to, furnishing and equippingof buildings, runways and hangars for airport purposes, architectural expensesincidental thereto, purchasing, leasing or otherwise acquiring servitudesor easements over surrounding lands to provide safe and unobstructed approachesthereto for the landing and taking off of aircraft using such airport. The tax levy authorized by this resolution may be made, unless a petitionin opposition to the same signed by not less than 5% of the qualified electorsof such county is filed with the county election officer of the county within60 days after the publication of this resolution. In the event such a petitionis filed such county election officer shall submit the question of whethersuch tax levy shall be authorized to the electors in the county at a specialelection called for the purpose which may be at the time of the next generalelection or at another time, as is specified by the board of county commissionersof the above county.

      This is to certify that the above resolution was duly adopted by the boardof county commissioners, ________ County, Kansas, on the ____ day of___________, 19___.

___________________________Clerk of the above board ofcounty commissioners.

      All of the blanks in the above resolution shall be appropriately filled. The blank preceding the word "years" shall be filled with a specific number,and the blank preceding the word "mills" shall be filled with a specificnumber, and no word shall be inserted in either of such blanks. Such resolutionshall be published once a week for two consecutive weeks in a newspaperhaving general circulation in the county. In the event that no petitionas specified above is filed in accordance with the provisions of such notice,such board of county commissioners may make the tax levy specified in theresolution. If such a petition is filed as provided in such notice, suchboard of county commissioners may notify the county election officer ofthe date of a special election to be held to submit the question of whethersuch tax levy shall be authorized. In the event that such board of countycommissioners fails to notify the county election officer within 60 daysafter such a petition is so filed, the resolution shall be deemed abandonedand no like resolution shall be adopted by such board of county commissionerswithin the nine months following the first publication of such notice. As used in this act, "unconditionally authorized to make a tax levy underauthority of K.S.A. 3-316" means that the county has adopted a resolutionunder this section, has published the same, and either that such resolutionwas not protested or that it was protested and an election has been heldby which the tax levy of the county under this section was approved.

      History:   L. 1981, ch. 111, § 1; April 25.