12-365.Same; unified city-county powers, duties,
limitations; bonded debt; sales tax; special service districts; voting area;
changes in form of government.
(a) If the voters approve a plan which provides for the
unification of the city and
county, such unified city-county shall be subject to the provisions of this
section.
(b) The unified 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 the unified 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
unified 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
unification shall remain an obligation of the property subject to taxation for
the payment thereof prior
to such unification.
(f) Upon the effective date of the unification 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 of Tribune shall not apply to retail sales in any other city located in
the county.
(g) Upon the effective date of the unification of the city and county, the
territory of the
unified 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) (A) Except as provided by paragraph (B), all
of the territory of the county, except the territory of cities
located in the county other
than the former city of Tribune and the unincorporated area of the county, for
purposes of exercising
the powers, duties and functions of a city; or
(B) all the territory of the county located within the incorporated areas of
the county, for the
purpose of exercising the powers, duties and functions of a city. The
provisions of this paragraph
shall apply only if the final plan provides for the unification of the city of
Horace with the county
and a majority of the qualified electors of the county and a majority of the
qualified electors of the
city of Horace voting on the plan vote in favor thereof.
(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 unified city-county shall include
all the territory within the county.
(i) Except for the unified city-county and unless otherwise provided by law,
other political
subdivisions of the county shall not be affected by unification of the city and
county. Such other
political subdivisions shall continue in existence and operation.
(j) Unless otherwise provided by law, the unified city-county shall be
eligible for the
distribution of any funds from the state and federal government as if no
unification had occurred.
Except as provided in this subsection, the population and assessed valuation of
the territory of the
unified 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 unified city-county shall be a county. The governing body of the
unified 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 unified 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 unification plan. Such duties may be delegated by the
governing body or as
provided in the unification plan.
(l) Unless otherwise provided in the unification plan, the unified
city-county shall be a city of the third class and
the governing
body of the unified
city-county shall have all the powers, functions and duties of a city of the
third class. The governing body of the
unified city-county 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 unified 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
unification 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.
History: L. 2006, ch. 187, § 6;
L. 2007, ch. 1, § 3; Feb. 22.
12-365.Same; unified city-county powers, duties,
limitations; bonded debt; sales tax; special service districts; voting area;
changes in form of government.
(a) If the voters approve a plan which provides for the
unification of the city and
county, such unified city-county shall be subject to the provisions of this
section.
(b) The unified 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 the unified 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
unified 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
unification shall remain an obligation of the property subject to taxation for
the payment thereof prior
to such unification.
(f) Upon the effective date of the unification 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 of Tribune shall not apply to retail sales in any other city located in
the county.
(g) Upon the effective date of the unification of the city and county, the
territory of the
unified 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) (A) Except as provided by paragraph (B), all
of the territory of the county, except the territory of cities
located in the county other
than the former city of Tribune and the unincorporated area of the county, for
purposes of exercising
the powers, duties and functions of a city; or
(B) all the territory of the county located within the incorporated areas of
the county, for the
purpose of exercising the powers, duties and functions of a city. The
provisions of this paragraph
shall apply only if the final plan provides for the unification of the city of
Horace with the county
and a majority of the qualified electors of the county and a majority of the
qualified electors of the
city of Horace voting on the plan vote in favor thereof.
(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 unified city-county shall include
all the territory within the county.
(i) Except for the unified city-county and unless otherwise provided by law,
other political
subdivisions of the county shall not be affected by unification of the city and
county. Such other
political subdivisions shall continue in existence and operation.
(j) Unless otherwise provided by law, the unified city-county shall be
eligible for the
distribution of any funds from the state and federal government as if no
unification had occurred.
Except as provided in this subsection, the population and assessed valuation of
the territory of the
unified 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 unified city-county shall be a county. The governing body of the
unified 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 unified 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 unification plan. Such duties may be delegated by the
governing body or as
provided in the unification plan.
(l) Unless otherwise provided in the unification plan, the unified
city-county shall be a city of the third class and
the governing
body of the unified
city-county shall have all the powers, functions and duties of a city of the
third class. The governing body of the
unified city-county 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 unified 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
unification 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.
History: L. 2006, ch. 187, § 6;
L. 2007, ch. 1, § 3; Feb. 22.
12-365.Same; unified city-county powers, duties,
limitations; bonded debt; sales tax; special service districts; voting area;
changes in form of government.
(a) If the voters approve a plan which provides for the
unification of the city and
county, such unified city-county shall be subject to the provisions of this
section.
(b) The unified 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 the unified 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
unified 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
unification shall remain an obligation of the property subject to taxation for
the payment thereof prior
to such unification.
(f) Upon the effective date of the unification 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 of Tribune shall not apply to retail sales in any other city located in
the county.
(g) Upon the effective date of the unification of the city and county, the
territory of the
unified 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) (A) Except as provided by paragraph (B), all
of the territory of the county, except the territory of cities
located in the county other
than the former city of Tribune and the unincorporated area of the county, for
purposes of exercising
the powers, duties and functions of a city; or
(B) all the territory of the county located within the incorporated areas of
the county, for the
purpose of exercising the powers, duties and functions of a city. The
provisions of this paragraph
shall apply only if the final plan provides for the unification of the city of
Horace with the county
and a majority of the qualified electors of the county and a majority of the
qualified electors of the
city of Horace voting on the plan vote in favor thereof.
(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 unified city-county shall include
all the territory within the county.
(i) Except for the unified city-county and unless otherwise provided by law,
other political
subdivisions of the county shall not be affected by unification of the city and
county. Such other
political subdivisions shall continue in existence and operation.
(j) Unless otherwise provided by law, the unified city-county shall be
eligible for the
distribution of any funds from the state and federal government as if no
unification had occurred.
Except as provided in this subsection, the population and assessed valuation of
the territory of the
unified 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 unified city-county shall be a county. The governing body of the
unified 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 unified 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 unification plan. Such duties may be delegated by the
governing body or as
provided in the unification plan.
(l) Unless otherwise provided in the unification plan, the unified
city-county shall be a city of the third class and
the governing
body of the unified
city-county shall have all the powers, functions and duties of a city of the
third class. The governing body of the
unified city-county 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 unified 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
unification 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.
History: L. 2006, ch. 187, § 6;
L. 2007, ch. 1, § 3; Feb. 22.