12-110a.Purchase, repair or replacement of certain
equipment, apparatus
or machinery; no-fund warrants or bonds; procedure; limitations.
(a) Whenever the governing body of any city, the board of county
commissioners of any county or any township board shall deem that an emergency
exists and that
in order properly to protect and service or insure and provide for the
health and convenience of the public it is necessary to purchase, repair
or replace equipment, apparatus or machinery necessary for the operation
of law enforcement, for the disposal of refuse, for fire protection, for
street, road and bridge construction, repair or maintenance, for sewer
treatment, for water service or for ambulance service, and such city,
county or township is without funds for the purchase, repair or replacement
of such equipment, apparatus or machinery, the governing body of the city,
the board of county commissioners of the county or the township board shall
have power to issue and sell no-fund warrants or general obligation bonds
to raise revenue for such purchase or replacement in the manner as
hereinafter provided and as provided by law and to levy taxes to pay such
warrants or bonds. The governing body of such city shall by ordinance and
the board of county commissioners or the township board shall by resolution
declare that such emergency exists and that such purchase, repair or
replacement of equipment, apparatus or machinery is necessary, and stating
the maximum amount to be expended for such purchase, repair or replacement.
Upon the passage and publication of such ordinance or resolution the
governing body of the city, the board of county commissioners or the
township board shall file an application with the state
court of tax appeals, asking for permission to make such expenditure and
issue warrants or bonds in payment thereof. Such application shall be in
writing and shall contain a copy of the ordinance or resolution published and
such other information as the governing body or board shall deem necessary
adequately to inform the state court of tax appeals of the
emergency existing.
If, upon hearing being had in accordance with the provisions of the
Kansas administrative procedure act, the state court of tax
appeals shall determine that such expenditure is necessary properly to
protect and service or insure and provide for the health and convenience of the
public the board shall issue its order in writing and under its seal
authorizing the city, county or township to make such expenditure, and to issue
warrants or bonds for the purpose of financing the same. The warrants
may mature serially at such yearly dates as to be payable by not more
than five tax levies. Bonds issued under the authority of this act shall
be issued in accordance with the provisions of the general bond law and
shall be in addition to and not subject to any bonded debt limitation
prescribed by any other law of this state. Thereupon, the governing body
of the city, the board of county commissioners or the township board shall have
power to
make such purchase, repair or replacement and to issue warrants or bonds
and levy taxes to pay the same. All tax levies authorized by this
section shall be in addition to all other tax levies authorized or
limited by law and shall not be subject to, or within the aggregate tax
levy prescribed by article 19 of chapter 79 of the Kansas Statutes
Annotated, or acts amendatory thereof or supplemental thereto.
(b) As used in this section, the phrase "township board" means the township
trustee, the township clerk, and the township treasurer acting as a board.
History: L. 1947, ch. 108, § 1; L. 1957, ch. 85, § 1; L.
1963, ch. 70, § 1; L. 1969, ch. 70, § 1; L. 1979, ch. 51, § 1;
L. 1980, ch. 60, § 1; L. 1988, ch. 356, § 45;
L. 2008, ch. 109, § 23; July 1.
12-110a.Purchase, repair or replacement of certain
equipment, apparatus
or machinery; no-fund warrants or bonds; procedure; limitations.
(a) Whenever the governing body of any city, the board of county
commissioners of any county or any township board shall deem that an emergency
exists and that
in order properly to protect and service or insure and provide for the
health and convenience of the public it is necessary to purchase, repair
or replace equipment, apparatus or machinery necessary for the operation
of law enforcement, for the disposal of refuse, for fire protection, for
street, road and bridge construction, repair or maintenance, for sewer
treatment, for water service or for ambulance service, and such city,
county or township is without funds for the purchase, repair or replacement
of such equipment, apparatus or machinery, the governing body of the city,
the board of county commissioners of the county or the township board shall
have power to issue and sell no-fund warrants or general obligation bonds
to raise revenue for such purchase or replacement in the manner as
hereinafter provided and as provided by law and to levy taxes to pay such
warrants or bonds. The governing body of such city shall by ordinance and
the board of county commissioners or the township board shall by resolution
declare that such emergency exists and that such purchase, repair or
replacement of equipment, apparatus or machinery is necessary, and stating
the maximum amount to be expended for such purchase, repair or replacement.
Upon the passage and publication of such ordinance or resolution the
governing body of the city, the board of county commissioners or the
township board shall file an application with the state
court of tax appeals, asking for permission to make such expenditure and
issue warrants or bonds in payment thereof. Such application shall be in
writing and shall contain a copy of the ordinance or resolution published and
such other information as the governing body or board shall deem necessary
adequately to inform the state court of tax appeals of the
emergency existing.
If, upon hearing being had in accordance with the provisions of the
Kansas administrative procedure act, the state court of tax
appeals shall determine that such expenditure is necessary properly to
protect and service or insure and provide for the health and convenience of the
public the board shall issue its order in writing and under its seal
authorizing the city, county or township to make such expenditure, and to issue
warrants or bonds for the purpose of financing the same. The warrants
may mature serially at such yearly dates as to be payable by not more
than five tax levies. Bonds issued under the authority of this act shall
be issued in accordance with the provisions of the general bond law and
shall be in addition to and not subject to any bonded debt limitation
prescribed by any other law of this state. Thereupon, the governing body
of the city, the board of county commissioners or the township board shall have
power to
make such purchase, repair or replacement and to issue warrants or bonds
and levy taxes to pay the same. All tax levies authorized by this
section shall be in addition to all other tax levies authorized or
limited by law and shall not be subject to, or within the aggregate tax
levy prescribed by article 19 of chapter 79 of the Kansas Statutes
Annotated, or acts amendatory thereof or supplemental thereto.
(b) As used in this section, the phrase "township board" means the township
trustee, the township clerk, and the township treasurer acting as a board.
History: L. 1947, ch. 108, § 1; L. 1957, ch. 85, § 1; L.
1963, ch. 70, § 1; L. 1969, ch. 70, § 1; L. 1979, ch. 51, § 1;
L. 1980, ch. 60, § 1; L. 1988, ch. 356, § 45;
L. 2008, ch. 109, § 23; July 1.
12-110a.Purchase, repair or replacement of certain
equipment, apparatus
or machinery; no-fund warrants or bonds; procedure; limitations.
(a) Whenever the governing body of any city, the board of county
commissioners of any county or any township board shall deem that an emergency
exists and that
in order properly to protect and service or insure and provide for the
health and convenience of the public it is necessary to purchase, repair
or replace equipment, apparatus or machinery necessary for the operation
of law enforcement, for the disposal of refuse, for fire protection, for
street, road and bridge construction, repair or maintenance, for sewer
treatment, for water service or for ambulance service, and such city,
county or township is without funds for the purchase, repair or replacement
of such equipment, apparatus or machinery, the governing body of the city,
the board of county commissioners of the county or the township board shall
have power to issue and sell no-fund warrants or general obligation bonds
to raise revenue for such purchase or replacement in the manner as
hereinafter provided and as provided by law and to levy taxes to pay such
warrants or bonds. The governing body of such city shall by ordinance and
the board of county commissioners or the township board shall by resolution
declare that such emergency exists and that such purchase, repair or
replacement of equipment, apparatus or machinery is necessary, and stating
the maximum amount to be expended for such purchase, repair or replacement.
Upon the passage and publication of such ordinance or resolution the
governing body of the city, the board of county commissioners or the
township board shall file an application with the state
court of tax appeals, asking for permission to make such expenditure and
issue warrants or bonds in payment thereof. Such application shall be in
writing and shall contain a copy of the ordinance or resolution published and
such other information as the governing body or board shall deem necessary
adequately to inform the state court of tax appeals of the
emergency existing.
If, upon hearing being had in accordance with the provisions of the
Kansas administrative procedure act, the state court of tax
appeals shall determine that such expenditure is necessary properly to
protect and service or insure and provide for the health and convenience of the
public the board shall issue its order in writing and under its seal
authorizing the city, county or township to make such expenditure, and to issue
warrants or bonds for the purpose of financing the same. The warrants
may mature serially at such yearly dates as to be payable by not more
than five tax levies. Bonds issued under the authority of this act shall
be issued in accordance with the provisions of the general bond law and
shall be in addition to and not subject to any bonded debt limitation
prescribed by any other law of this state. Thereupon, the governing body
of the city, the board of county commissioners or the township board shall have
power to
make such purchase, repair or replacement and to issue warrants or bonds
and levy taxes to pay the same. All tax levies authorized by this
section shall be in addition to all other tax levies authorized or
limited by law and shall not be subject to, or within the aggregate tax
levy prescribed by article 19 of chapter 79 of the Kansas Statutes
Annotated, or acts amendatory thereof or supplemental thereto.
(b) As used in this section, the phrase "township board" means the township
trustee, the township clerk, and the township treasurer acting as a board.
History: L. 1947, ch. 108, § 1; L. 1957, ch. 85, § 1; L.
1963, ch. 70, § 1; L. 1969, ch. 70, § 1; L. 1979, ch. 51, § 1;
L. 1980, ch. 60, § 1; L. 1988, ch. 356, § 45;
L. 2008, ch. 109, § 23; July 1.