12-355.Same; consolidated city-county; powers,
duties, limitations, bonded debt; sales tax; special service districts; changes
inform of government.
(a) If the voters approve a plan which provides for the
consolidation of the city and county, such consolidated city-county shall be
subject to the provisions of this section.
(b) The consolidated city-county shall be subject to the cash-basis and
budget laws of the state of Kansas.
(c) Except as provided in subsection (e), and in any other statute which
specifically exempts bonds from the statutory limitations on bonded
indebtedness, the limitation on bonded indebtedness of a consolidated
city-county under this act shall be 30% of the assessed value of all
tangible taxable property within such county on the preceding August 25.
(d) The following shall not be included in computing the total bonded
indebtedness of the consolidated city-county for the purposes of determining
the limitations on bonded indebtedness:
(1) Bonds issued for the purpose of refunding outstanding debt, including
outstanding bonds and matured coupons thereof, or judgments thereon.
(2) Bonds issued pursuant to the provisions of article 46 of chapter 19 of
the Kansas Statutes Annotated, and amendments thereto.
(3) Bonds issued for the purpose of financing the construction or
remodeling of a courthouse, jail or law enforcement center facility, which
bonds are payable from the proceeds of a retailers' sales tax.
(4) Bonds issued for the purpose of acquiring, enlarging, extending or
improving any storm or sanitary sewer system.
(5) Bonds issued for the purpose of acquiring, enlarging, extending or
improving any municipal utility.
(6) Bonds issued to pay the cost of improvements to intersections of streets
and alleys or that portion of any street immediately in front of city or school
district property.
(e) Any bonded indebtedness and interest thereon incurred by the city or
county prior to consolidation shall remain an obligation of the property
subject to taxation for the payment thereof prior to such consolidation.
(f) Upon the effective date of the consolidation of the city and county, any
retailers' sales
tax levied by the city or county in accordance with K.S.A. 12-187 et
seq.,
and
amendment thereto, prior to such date shall remain in full force and effect,
except that part of the rate attributable to the former city shall not apply to
retail sales in the cities of Auburn, Rossville, Silver Lake or Willard.
(g) Upon the effective date of the consolidation of the city and county,
the territory of the consolidated city-county shall include:
(1) All of the territory of the county for purposes of exercising the
powers, duties and functions of a county.
(2) All of the territory of the county, except the territory of the cities
of Auburn, Rossville, Silver Lake or Willard and the unincorporated area of
the county, for purposes of exercising the powers, duties and functions of a
city.
(h) For the
purposes of section 1 of article 5 of the constitution of the state of Kansas,
the "voting area" for the governing body of the consolidated city-county shall
include all the territory within Shawnee county.
(i) Except for the consolidated city-county and unless otherwise provided by
law, other political subdivisions of the county shall not be affected by
consolidation of the city and county. Such other political subdivisions shall
continue in existence and operation.
(j) Unless otherwise provided by law, the consolidated city-county shall be
eligible for the distribution of any funds from the state and federal
government as if no consolidation had occurred. Except as provided in this
subsection, the population and assessed valuation of the territory of the
consolidated city-county shall be considered its population and assessed
valuation
for purposes of the distribution of moneys from the state or federal
government.
(k) The consolidated city-county shall be a county. The governing body of
the consolidated city-county shall be considered county commissioners for the
purposes of section 2 of article 4 of the constitution of the state of Kansas
and shall have all the powers, functions and duties of a
county and may exercise home rule powers in the manner and subject to the
limitations provided by K.S.A. 19-101a, and amendments thereto, and other laws
of this state.
The governing body of the consolidated city-county shall be responsible for
any duties or functions imposed by the constitution of the state of Kansas and
other laws of this state upon any county office abolished by the consolidation
plan. Such duties may be delegated by the governing body or as provided in the
consolidation plan.
(l) The consolidated city-county shall be a city of the first class. The
governing body of the consolidated city-county shall have all the powers,
functions and duties of a city of the first class and may exercise home rule
powers in the manner
and subject to the limitations provided by article 12 of section 5 of the
constitution of the state of Kansas and other laws of this state.
(m) The governing body of the consolidated city-county may create special
service districts within the city-county and may levy taxes for services
provided in such districts.
(n) Changes in the form of government approved by the voters in accordance
with
the consolidation plan are hereby declared to be legislative matters and
subject to initiative and referendum in accordance with K.S.A. 12-3013 et
seq., and amendments thereto.
12-355.Same; consolidated city-county; powers,
duties, limitations, bonded debt; sales tax; special service districts; changes
inform of government.
(a) If the voters approve a plan which provides for the
consolidation of the city and county, such consolidated city-county shall be
subject to the provisions of this section.
(b) The consolidated city-county shall be subject to the cash-basis and
budget laws of the state of Kansas.
(c) Except as provided in subsection (e), and in any other statute which
specifically exempts bonds from the statutory limitations on bonded
indebtedness, the limitation on bonded indebtedness of a consolidated
city-county under this act shall be 30% of the assessed value of all
tangible taxable property within such county on the preceding August 25.
(d) The following shall not be included in computing the total bonded
indebtedness of the consolidated city-county for the purposes of determining
the limitations on bonded indebtedness:
(1) Bonds issued for the purpose of refunding outstanding debt, including
outstanding bonds and matured coupons thereof, or judgments thereon.
(2) Bonds issued pursuant to the provisions of article 46 of chapter 19 of
the Kansas Statutes Annotated, and amendments thereto.
(3) Bonds issued for the purpose of financing the construction or
remodeling of a courthouse, jail or law enforcement center facility, which
bonds are payable from the proceeds of a retailers' sales tax.
(4) Bonds issued for the purpose of acquiring, enlarging, extending or
improving any storm or sanitary sewer system.
(5) Bonds issued for the purpose of acquiring, enlarging, extending or
improving any municipal utility.
(6) Bonds issued to pay the cost of improvements to intersections of streets
and alleys or that portion of any street immediately in front of city or school
district property.
(e) Any bonded indebtedness and interest thereon incurred by the city or
county prior to consolidation shall remain an obligation of the property
subject to taxation for the payment thereof prior to such consolidation.
(f) Upon the effective date of the consolidation of the city and county, any
retailers' sales
tax levied by the city or county in accordance with K.S.A. 12-187 et
seq.,
and
amendment thereto, prior to such date shall remain in full force and effect,
except that part of the rate attributable to the former city shall not apply to
retail sales in the cities of Auburn, Rossville, Silver Lake or Willard.
(g) Upon the effective date of the consolidation of the city and county,
the territory of the consolidated city-county shall include:
(1) All of the territory of the county for purposes of exercising the
powers, duties and functions of a county.
(2) All of the territory of the county, except the territory of the cities
of Auburn, Rossville, Silver Lake or Willard and the unincorporated area of
the county, for purposes of exercising the powers, duties and functions of a
city.
(h) For the
purposes of section 1 of article 5 of the constitution of the state of Kansas,
the "voting area" for the governing body of the consolidated city-county shall
include all the territory within Shawnee county.
(i) Except for the consolidated city-county and unless otherwise provided by
law, other political subdivisions of the county shall not be affected by
consolidation of the city and county. Such other political subdivisions shall
continue in existence and operation.
(j) Unless otherwise provided by law, the consolidated city-county shall be
eligible for the distribution of any funds from the state and federal
government as if no consolidation had occurred. Except as provided in this
subsection, the population and assessed valuation of the territory of the
consolidated city-county shall be considered its population and assessed
valuation
for purposes of the distribution of moneys from the state or federal
government.
(k) The consolidated city-county shall be a county. The governing body of
the consolidated city-county shall be considered county commissioners for the
purposes of section 2 of article 4 of the constitution of the state of Kansas
and shall have all the powers, functions and duties of a
county and may exercise home rule powers in the manner and subject to the
limitations provided by K.S.A. 19-101a, and amendments thereto, and other laws
of this state.
The governing body of the consolidated city-county shall be responsible for
any duties or functions imposed by the constitution of the state of Kansas and
other laws of this state upon any county office abolished by the consolidation
plan. Such duties may be delegated by the governing body or as provided in the
consolidation plan.
(l) The consolidated city-county shall be a city of the first class. The
governing body of the consolidated city-county shall have all the powers,
functions and duties of a city of the first class and may exercise home rule
powers in the manner
and subject to the limitations provided by article 12 of section 5 of the
constitution of the state of Kansas and other laws of this state.
(m) The governing body of the consolidated city-county may create special
service districts within the city-county and may levy taxes for services
provided in such districts.
(n) Changes in the form of government approved by the voters in accordance
with
the consolidation plan are hereby declared to be legislative matters and
subject to initiative and referendum in accordance with K.S.A. 12-3013 et
seq., and amendments thereto.
12-355.Same; consolidated city-county; powers,
duties, limitations, bonded debt; sales tax; special service districts; changes
inform of government.
(a) If the voters approve a plan which provides for the
consolidation of the city and county, such consolidated city-county shall be
subject to the provisions of this section.
(b) The consolidated city-county shall be subject to the cash-basis and
budget laws of the state of Kansas.
(c) Except as provided in subsection (e), and in any other statute which
specifically exempts bonds from the statutory limitations on bonded
indebtedness, the limitation on bonded indebtedness of a consolidated
city-county under this act shall be 30% of the assessed value of all
tangible taxable property within such county on the preceding August 25.
(d) The following shall not be included in computing the total bonded
indebtedness of the consolidated city-county for the purposes of determining
the limitations on bonded indebtedness:
(1) Bonds issued for the purpose of refunding outstanding debt, including
outstanding bonds and matured coupons thereof, or judgments thereon.
(2) Bonds issued pursuant to the provisions of article 46 of chapter 19 of
the Kansas Statutes Annotated, and amendments thereto.
(3) Bonds issued for the purpose of financing the construction or
remodeling of a courthouse, jail or law enforcement center facility, which
bonds are payable from the proceeds of a retailers' sales tax.
(4) Bonds issued for the purpose of acquiring, enlarging, extending or
improving any storm or sanitary sewer system.
(5) Bonds issued for the purpose of acquiring, enlarging, extending or
improving any municipal utility.
(6) Bonds issued to pay the cost of improvements to intersections of streets
and alleys or that portion of any street immediately in front of city or school
district property.
(e) Any bonded indebtedness and interest thereon incurred by the city or
county prior to consolidation shall remain an obligation of the property
subject to taxation for the payment thereof prior to such consolidation.
(f) Upon the effective date of the consolidation of the city and county, any
retailers' sales
tax levied by the city or county in accordance with K.S.A. 12-187 et
seq.,
and
amendment thereto, prior to such date shall remain in full force and effect,
except that part of the rate attributable to the former city shall not apply to
retail sales in the cities of Auburn, Rossville, Silver Lake or Willard.
(g) Upon the effective date of the consolidation of the city and county,
the territory of the consolidated city-county shall include:
(1) All of the territory of the county for purposes of exercising the
powers, duties and functions of a county.
(2) All of the territory of the county, except the territory of the cities
of Auburn, Rossville, Silver Lake or Willard and the unincorporated area of
the county, for purposes of exercising the powers, duties and functions of a
city.
(h) For the
purposes of section 1 of article 5 of the constitution of the state of Kansas,
the "voting area" for the governing body of the consolidated city-county shall
include all the territory within Shawnee county.
(i) Except for the consolidated city-county and unless otherwise provided by
law, other political subdivisions of the county shall not be affected by
consolidation of the city and county. Such other political subdivisions shall
continue in existence and operation.
(j) Unless otherwise provided by law, the consolidated city-county shall be
eligible for the distribution of any funds from the state and federal
government as if no consolidation had occurred. Except as provided in this
subsection, the population and assessed valuation of the territory of the
consolidated city-county shall be considered its population and assessed
valuation
for purposes of the distribution of moneys from the state or federal
government.
(k) The consolidated city-county shall be a county. The governing body of
the consolidated city-county shall be considered county commissioners for the
purposes of section 2 of article 4 of the constitution of the state of Kansas
and shall have all the powers, functions and duties of a
county and may exercise home rule powers in the manner and subject to the
limitations provided by K.S.A. 19-101a, and amendments thereto, and other laws
of this state.
The governing body of the consolidated city-county shall be responsible for
any duties or functions imposed by the constitution of the state of Kansas and
other laws of this state upon any county office abolished by the consolidation
plan. Such duties may be delegated by the governing body or as provided in the
consolidation plan.
(l) The consolidated city-county shall be a city of the first class. The
governing body of the consolidated city-county shall have all the powers,
functions and duties of a city of the first class and may exercise home rule
powers in the manner
and subject to the limitations provided by article 12 of section 5 of the
constitution of the state of Kansas and other laws of this state.
(m) The governing body of the consolidated city-county may create special
service districts within the city-county and may levy taxes for services
provided in such districts.
(n) Changes in the form of government approved by the voters in accordance
with
the consolidation plan are hereby declared to be legislative matters and
subject to initiative and referendum in accordance with K.S.A. 12-3013 et
seq., and amendments thereto.