12-1737.Same; methods of financing authorized; issuance of bonds after
election; tax levy, use of proceeds; protest petition and election; investment
of fund; issuance of no-fund warrants.
The governing body of any city may, for the purposes hereinbefore
authorized and provided:
(a) Receive and expend gifts;
(b) receive and expend grants-in-aid of state or federal funds;
(c) issue bonds of the city;
(d) levy an annual tax of not more than one mill for any city
of the first class and not more than two mills for any city of the
second or third class, which tax levy may be made for a period not exceeding
10 years upon all taxable tangible property in such city
for the purpose of creating a building fund to be used for the purposes
herein provided and to pay a portion of the principal and interest on
bonds issued by such city under the authority of K.S.A.
12-1774, and amendments thereto;
(e) issue no-fund warrants;
(f) use moneys from the general operating fund or other appropriate
budgeted fund when available;
(g) use moneys received from the sale of public buildings or
buildings and sites; or
(h) combine any two or more of such methods of financing for
the purposes herein authorized except that cities shall first use funds
received from the payment of insurance claims for damages sustained by
any such public building before resorting to methods of financing herein
authorized.
An election upon the issuance of bonds under the authority
of this act shall be required for the purpose of acquiring or
constructing city offices, public libraries, auditoriums, community or
recreational buildings.
When an election upon the issuance of bonds is required, the question
of the issuance of such bonds shall be submitted to a vote of the
qualified electors of the city at a regular city election or at a
special election called for that purpose. No such bonds shall be
issued unless a majority of those voting on the question vote in favor of
the issuance of the bonds. The bond election shall be called and held and
the bonds shall be
issued in accordance with the provisions of the general bond law. No
levies shall be made for the purpose of creating a building fund under
the provisions of this act until a resolution authorizing the making of
such levies is adopted by the governing body of the city. Such
resolution shall state the specific purpose for which the tax levy is
made, the total amount proposed to be raised and the number of years the
tax levy shall be made. The resolution shall be published once each week for
two consecutive weeks in the official city paper. After publication, the levies
may
be made unless a petition requesting an election upon the
question of whether to make the levies is filed in accordance with this
section. Such petition shall be
signed by electors equal in number to not less than 10% of
the electors who voted at the last preceding regular city election as
shown by the poll books, is filed with the city clerk of such city
within 60 days following the last publication of the
resolution. If a valid petition is filed, the governing body shall
submit the question to the voters at an election called for that purpose
or at the next regular city election.
The levy authorized by this section shall be in addition to and not limited by
any other act authorizing or limiting the tax levies of the
city. The
building fund may be used for the purposes provided by this act at
any time after the second levy has been made. If there are
insufficient moneys in the building fund for expenditures for such
purposes, the governing body of the city may issue
bonds of the city in the manner
provided by the general bond law of the state and in an
amount which, together with the amount raised by the tax levy authorized
by this act, will not exceed the total amount stated in the resolution
creating such fund. Cities are hereby authorized to invest any portion
of the special building fund which is not currently needed in
investments authorized by K.S.A. 12-1675, and amendments
thereto, in the manner prescribed therein or in direct obligations of
the United States government maturing or redeemable at par and accrued
interest within three years from date of purchase, the principal and
interest whereof is guaranteed by the government of the United States.
All interest received on any such investment shall upon receipt thereof
be credited to the special building fund.
No-fund warrants issued under the authority of this act shall be
issued in the manner and form and bear interest and be redeemed as
prescribed by K.S.A. 79-2940, and amendments thereto, except that
they may be issued without the approval of the state court
of tax appeals and without the notation required by K.S.A. 79-2940, and
amendments thereto. The governing body of the city issuing such
warrants shall levy a tax for the first tax levying period after
such warrants are issued, sufficient to pay such warrants and the
interest thereon. All such tax levies shall be in addition to all other
levies authorized or limited by law, and none of the tax limitations
provided by article 19 of chapter 79 of the Kansas Statutes Annotated,
and amendments thereto, shall apply to such levies.
History: L. 1959, ch. 78, § 2; L. 1977, ch. 54, § 10; L.
1979, ch. 52, § 49; L. 1981, ch. 173, § 23;
L. 2008, ch. 109, § 27; July 1.
12-1737.Same; methods of financing authorized; issuance of bonds after
election; tax levy, use of proceeds; protest petition and election; investment
of fund; issuance of no-fund warrants.
The governing body of any city may, for the purposes hereinbefore
authorized and provided:
(a) Receive and expend gifts;
(b) receive and expend grants-in-aid of state or federal funds;
(c) issue bonds of the city;
(d) levy an annual tax of not more than one mill for any city
of the first class and not more than two mills for any city of the
second or third class, which tax levy may be made for a period not exceeding
10 years upon all taxable tangible property in such city
for the purpose of creating a building fund to be used for the purposes
herein provided and to pay a portion of the principal and interest on
bonds issued by such city under the authority of K.S.A.
12-1774, and amendments thereto;
(e) issue no-fund warrants;
(f) use moneys from the general operating fund or other appropriate
budgeted fund when available;
(g) use moneys received from the sale of public buildings or
buildings and sites; or
(h) combine any two or more of such methods of financing for
the purposes herein authorized except that cities shall first use funds
received from the payment of insurance claims for damages sustained by
any such public building before resorting to methods of financing herein
authorized.
An election upon the issuance of bonds under the authority
of this act shall be required for the purpose of acquiring or
constructing city offices, public libraries, auditoriums, community or
recreational buildings.
When an election upon the issuance of bonds is required, the question
of the issuance of such bonds shall be submitted to a vote of the
qualified electors of the city at a regular city election or at a
special election called for that purpose. No such bonds shall be
issued unless a majority of those voting on the question vote in favor of
the issuance of the bonds. The bond election shall be called and held and
the bonds shall be
issued in accordance with the provisions of the general bond law. No
levies shall be made for the purpose of creating a building fund under
the provisions of this act until a resolution authorizing the making of
such levies is adopted by the governing body of the city. Such
resolution shall state the specific purpose for which the tax levy is
made, the total amount proposed to be raised and the number of years the
tax levy shall be made. The resolution shall be published once each week for
two consecutive weeks in the official city paper. After publication, the levies
may
be made unless a petition requesting an election upon the
question of whether to make the levies is filed in accordance with this
section. Such petition shall be
signed by electors equal in number to not less than 10% of
the electors who voted at the last preceding regular city election as
shown by the poll books, is filed with the city clerk of such city
within 60 days following the last publication of the
resolution. If a valid petition is filed, the governing body shall
submit the question to the voters at an election called for that purpose
or at the next regular city election.
The levy authorized by this section shall be in addition to and not limited by
any other act authorizing or limiting the tax levies of the
city. The
building fund may be used for the purposes provided by this act at
any time after the second levy has been made. If there are
insufficient moneys in the building fund for expenditures for such
purposes, the governing body of the city may issue
bonds of the city in the manner
provided by the general bond law of the state and in an
amount which, together with the amount raised by the tax levy authorized
by this act, will not exceed the total amount stated in the resolution
creating such fund. Cities are hereby authorized to invest any portion
of the special building fund which is not currently needed in
investments authorized by K.S.A. 12-1675, and amendments
thereto, in the manner prescribed therein or in direct obligations of
the United States government maturing or redeemable at par and accrued
interest within three years from date of purchase, the principal and
interest whereof is guaranteed by the government of the United States.
All interest received on any such investment shall upon receipt thereof
be credited to the special building fund.
No-fund warrants issued under the authority of this act shall be
issued in the manner and form and bear interest and be redeemed as
prescribed by K.S.A. 79-2940, and amendments thereto, except that
they may be issued without the approval of the state court
of tax appeals and without the notation required by K.S.A. 79-2940, and
amendments thereto. The governing body of the city issuing such
warrants shall levy a tax for the first tax levying period after
such warrants are issued, sufficient to pay such warrants and the
interest thereon. All such tax levies shall be in addition to all other
levies authorized or limited by law, and none of the tax limitations
provided by article 19 of chapter 79 of the Kansas Statutes Annotated,
and amendments thereto, shall apply to such levies.
History: L. 1959, ch. 78, § 2; L. 1977, ch. 54, § 10; L.
1979, ch. 52, § 49; L. 1981, ch. 173, § 23;
L. 2008, ch. 109, § 27; July 1.
12-1737.Same; methods of financing authorized; issuance of bonds after
election; tax levy, use of proceeds; protest petition and election; investment
of fund; issuance of no-fund warrants.
The governing body of any city may, for the purposes hereinbefore
authorized and provided:
(a) Receive and expend gifts;
(b) receive and expend grants-in-aid of state or federal funds;
(c) issue bonds of the city;
(d) levy an annual tax of not more than one mill for any city
of the first class and not more than two mills for any city of the
second or third class, which tax levy may be made for a period not exceeding
10 years upon all taxable tangible property in such city
for the purpose of creating a building fund to be used for the purposes
herein provided and to pay a portion of the principal and interest on
bonds issued by such city under the authority of K.S.A.
12-1774, and amendments thereto;
(e) issue no-fund warrants;
(f) use moneys from the general operating fund or other appropriate
budgeted fund when available;
(g) use moneys received from the sale of public buildings or
buildings and sites; or
(h) combine any two or more of such methods of financing for
the purposes herein authorized except that cities shall first use funds
received from the payment of insurance claims for damages sustained by
any such public building before resorting to methods of financing herein
authorized.
An election upon the issuance of bonds under the authority
of this act shall be required for the purpose of acquiring or
constructing city offices, public libraries, auditoriums, community or
recreational buildings.
When an election upon the issuance of bonds is required, the question
of the issuance of such bonds shall be submitted to a vote of the
qualified electors of the city at a regular city election or at a
special election called for that purpose. No such bonds shall be
issued unless a majority of those voting on the question vote in favor of
the issuance of the bonds. The bond election shall be called and held and
the bonds shall be
issued in accordance with the provisions of the general bond law. No
levies shall be made for the purpose of creating a building fund under
the provisions of this act until a resolution authorizing the making of
such levies is adopted by the governing body of the city. Such
resolution shall state the specific purpose for which the tax levy is
made, the total amount proposed to be raised and the number of years the
tax levy shall be made. The resolution shall be published once each week for
two consecutive weeks in the official city paper. After publication, the levies
may
be made unless a petition requesting an election upon the
question of whether to make the levies is filed in accordance with this
section. Such petition shall be
signed by electors equal in number to not less than 10% of
the electors who voted at the last preceding regular city election as
shown by the poll books, is filed with the city clerk of such city
within 60 days following the last publication of the
resolution. If a valid petition is filed, the governing body shall
submit the question to the voters at an election called for that purpose
or at the next regular city election.
The levy authorized by this section shall be in addition to and not limited by
any other act authorizing or limiting the tax levies of the
city. The
building fund may be used for the purposes provided by this act at
any time after the second levy has been made. If there are
insufficient moneys in the building fund for expenditures for such
purposes, the governing body of the city may issue
bonds of the city in the manner
provided by the general bond law of the state and in an
amount which, together with the amount raised by the tax levy authorized
by this act, will not exceed the total amount stated in the resolution
creating such fund. Cities are hereby authorized to invest any portion
of the special building fund which is not currently needed in
investments authorized by K.S.A. 12-1675, and amendments
thereto, in the manner prescribed therein or in direct obligations of
the United States government maturing or redeemable at par and accrued
interest within three years from date of purchase, the principal and
interest whereof is guaranteed by the government of the United States.
All interest received on any such investment shall upon receipt thereof
be credited to the special building fund.
No-fund warrants issued under the authority of this act shall be
issued in the manner and form and bear interest and be redeemed as
prescribed by K.S.A. 79-2940, and amendments thereto, except that
they may be issued without the approval of the state court
of tax appeals and without the notation required by K.S.A. 79-2940, and
amendments thereto. The governing body of the city issuing such
warrants shall levy a tax for the first tax levying period after
such warrants are issued, sufficient to pay such warrants and the
interest thereon. All such tax levies shall be in addition to all other
levies authorized or limited by law, and none of the tax limitations
provided by article 19 of chapter 79 of the Kansas Statutes Annotated,
and amendments thereto, shall apply to such levies.
History: L. 1959, ch. 78, § 2; L. 1977, ch. 54, § 10; L.
1979, ch. 52, § 49; L. 1981, ch. 173, § 23;
L. 2008, ch. 109, § 27; July 1.