10-1116.Limits of indebtedness may be exceeded, when; creating
indebtedness in violation of act unlawful.
(a) The limits of indebtedness prescribed under the provisions of
article 11 of chapter 10 of the Kansas Statutes Annotated may be
exceeded when: (1) Payment has been authorized by a vote of the electors of the
municipality; (2) provision has been made for payment by the issuance of
bonds or temporary notes as provided by law; (3) provision has been
made for payment by the
issuance of no-fund warrants authorized by law and in the manner, and
limited in amount as prescribed by law; (4) provision has been made for
a revolving fund for the operation of any municipal airport financed and
sustained partially or wholly by fees, rentals, proceeds from the sale of
merchandise or charges for rendering services, received from the users of
such airport; (5) provision has been made for payment pursuant to a
service agreement entered into pursuant to K.S.A. 12-5503, and amendments
thereto; or (6) the indebtedness is created by a municipality in
establishing a post-employment benefits trust fund in accordance with K.S.A.
12-16,102, and amendments thereto.
(b) Notwithstanding any other limits of indebtedness prescribed under
the provisions of article 11 of chapter 10 of the Kansas Statutes
Annotated, the following funds shall have as a limit of indebtedness an amount
equal to 100% of the accrued revenue of the current fiscal
year plus any balances carried forward, cash reserves, intergovernmental
grants, and sums advanced to qualify for intergovernmental grants: (1)
Special recreation facilities reserve funds set up by any board of park
commissioners or any municipality for a revolving fund for the repair,
replacement or addition to recreational facilities; (2) enterprise funds
set up in any municipality to account for the financing of self-supporting
activities of governmental units which render services on a user charge
basis to the general public, such as municipal utilities engaged in the
provision of water, electricity and natural gas and sanitary sewer systems
which are financed by user charges; or (3) intragovernmental service funds
or working capital funds established in any municipality to finance and
account for services and commodities furnished by a designated agency of a
governmental unit to other departments of the same governmental unit such
as funds established for central garages and motor pools, central printing
and duplicating services and central purchasing and stores departments.
The board of education of any school district, the board of regents of
any municipal university or the board of trustees of any community
college may enter into contracts for teachers and other necessary
employees and for continuing operating expenses in excess of the amount of
funds actually on hand for that purpose. The limit of
indebtedness provided by this section shall never exceed 100% of the amount
actually expended for school purposes for the
last preceding fiscal year during which school was conducted.
(c) It shall be unlawful for any member of the governing body of any
municipality, as defined in K.S.A. 10-1101, and amendments thereto, to
knowingly vote for or in any
manner aid or promote the entering into of any contract or the creation of
any other indebtedness in violation of the provisions of this section.
History: L. 1933, ch. 319, § 16;
L. 1941, ch. 98, § 1;
L. 1945, ch. 92, § 1;
L. 1959, ch. 62, § 2;
L. 1963, ch. 68, § 1;
L. 1974, ch. 47, § 1;
L. 1975, ch. 49, § 1;
L. 1990, ch. 64, § 12;
L. 2007, ch. 82, § 2; Apr. 12.
10-1116.Limits of indebtedness may be exceeded, when; creating
indebtedness in violation of act unlawful.
(a) The limits of indebtedness prescribed under the provisions of
article 11 of chapter 10 of the Kansas Statutes Annotated may be
exceeded when: (1) Payment has been authorized by a vote of the electors of the
municipality; (2) provision has been made for payment by the issuance of
bonds or temporary notes as provided by law; (3) provision has been
made for payment by the
issuance of no-fund warrants authorized by law and in the manner, and
limited in amount as prescribed by law; (4) provision has been made for
a revolving fund for the operation of any municipal airport financed and
sustained partially or wholly by fees, rentals, proceeds from the sale of
merchandise or charges for rendering services, received from the users of
such airport; (5) provision has been made for payment pursuant to a
service agreement entered into pursuant to K.S.A. 12-5503, and amendments
thereto; or (6) the indebtedness is created by a municipality in
establishing a post-employment benefits trust fund in accordance with K.S.A.
12-16,102, and amendments thereto.
(b) Notwithstanding any other limits of indebtedness prescribed under
the provisions of article 11 of chapter 10 of the Kansas Statutes
Annotated, the following funds shall have as a limit of indebtedness an amount
equal to 100% of the accrued revenue of the current fiscal
year plus any balances carried forward, cash reserves, intergovernmental
grants, and sums advanced to qualify for intergovernmental grants: (1)
Special recreation facilities reserve funds set up by any board of park
commissioners or any municipality for a revolving fund for the repair,
replacement or addition to recreational facilities; (2) enterprise funds
set up in any municipality to account for the financing of self-supporting
activities of governmental units which render services on a user charge
basis to the general public, such as municipal utilities engaged in the
provision of water, electricity and natural gas and sanitary sewer systems
which are financed by user charges; or (3) intragovernmental service funds
or working capital funds established in any municipality to finance and
account for services and commodities furnished by a designated agency of a
governmental unit to other departments of the same governmental unit such
as funds established for central garages and motor pools, central printing
and duplicating services and central purchasing and stores departments.
The board of education of any school district, the board of regents of
any municipal university or the board of trustees of any community
college may enter into contracts for teachers and other necessary
employees and for continuing operating expenses in excess of the amount of
funds actually on hand for that purpose. The limit of
indebtedness provided by this section shall never exceed 100% of the amount
actually expended for school purposes for the
last preceding fiscal year during which school was conducted.
(c) It shall be unlawful for any member of the governing body of any
municipality, as defined in K.S.A. 10-1101, and amendments thereto, to
knowingly vote for or in any
manner aid or promote the entering into of any contract or the creation of
any other indebtedness in violation of the provisions of this section.
History: L. 1933, ch. 319, § 16;
L. 1941, ch. 98, § 1;
L. 1945, ch. 92, § 1;
L. 1959, ch. 62, § 2;
L. 1963, ch. 68, § 1;
L. 1974, ch. 47, § 1;
L. 1975, ch. 49, § 1;
L. 1990, ch. 64, § 12;
L. 2007, ch. 82, § 2; Apr. 12.
10-1116.Limits of indebtedness may be exceeded, when; creating
indebtedness in violation of act unlawful.
(a) The limits of indebtedness prescribed under the provisions of
article 11 of chapter 10 of the Kansas Statutes Annotated may be
exceeded when: (1) Payment has been authorized by a vote of the electors of the
municipality; (2) provision has been made for payment by the issuance of
bonds or temporary notes as provided by law; (3) provision has been
made for payment by the
issuance of no-fund warrants authorized by law and in the manner, and
limited in amount as prescribed by law; (4) provision has been made for
a revolving fund for the operation of any municipal airport financed and
sustained partially or wholly by fees, rentals, proceeds from the sale of
merchandise or charges for rendering services, received from the users of
such airport; (5) provision has been made for payment pursuant to a
service agreement entered into pursuant to K.S.A. 12-5503, and amendments
thereto; or (6) the indebtedness is created by a municipality in
establishing a post-employment benefits trust fund in accordance with K.S.A.
12-16,102, and amendments thereto.
(b) Notwithstanding any other limits of indebtedness prescribed under
the provisions of article 11 of chapter 10 of the Kansas Statutes
Annotated, the following funds shall have as a limit of indebtedness an amount
equal to 100% of the accrued revenue of the current fiscal
year plus any balances carried forward, cash reserves, intergovernmental
grants, and sums advanced to qualify for intergovernmental grants: (1)
Special recreation facilities reserve funds set up by any board of park
commissioners or any municipality for a revolving fund for the repair,
replacement or addition to recreational facilities; (2) enterprise funds
set up in any municipality to account for the financing of self-supporting
activities of governmental units which render services on a user charge
basis to the general public, such as municipal utilities engaged in the
provision of water, electricity and natural gas and sanitary sewer systems
which are financed by user charges; or (3) intragovernmental service funds
or working capital funds established in any municipality to finance and
account for services and commodities furnished by a designated agency of a
governmental unit to other departments of the same governmental unit such
as funds established for central garages and motor pools, central printing
and duplicating services and central purchasing and stores departments.
The board of education of any school district, the board of regents of
any municipal university or the board of trustees of any community
college may enter into contracts for teachers and other necessary
employees and for continuing operating expenses in excess of the amount of
funds actually on hand for that purpose. The limit of
indebtedness provided by this section shall never exceed 100% of the amount
actually expended for school purposes for the
last preceding fiscal year during which school was conducted.
(c) It shall be unlawful for any member of the governing body of any
municipality, as defined in K.S.A. 10-1101, and amendments thereto, to
knowingly vote for or in any
manner aid or promote the entering into of any contract or the creation of
any other indebtedness in violation of the provisions of this section.
History: L. 1933, ch. 319, § 16;
L. 1941, ch. 98, § 1;
L. 1945, ch. 92, § 1;
L. 1959, ch. 62, § 2;
L. 1963, ch. 68, § 1;
L. 1974, ch. 47, § 1;
L. 1975, ch. 49, § 1;
L. 1990, ch. 64, § 12;
L. 2007, ch. 82, § 2; Apr. 12.