Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2752a.Issuance of no-fund warrants for
additional revenue subsequent
to bond election for sewer system and disposal plant; limitation; approval of
state court of tax appeals; procedure.
That whenever a main sewer district has been established under the
provisions of K.S.A. 19-2731 to 19-2752, both sections inclusive, and
amendments thereto, and the question of the
issuance of bonds for the purpose of providing revenue to be used to
construct a main trunk sewer system with sewage disposal plant and all
appurtenances thereto has been submitted to the qualified electors of
such main sewer district and at least 65% of
the persons voting on said question shall have voted in favor of the issuance
of said bonds in the amount stated on the ballot, and after such election
the governing body of such main sewer district was unable to immediately
commence work on the construction of said main trunk sewer system and
sewage disposal plant and appurtenances because of a shortage of
necessary materials and labor and, as a result of such delay, the prices
of materials and labor needed for such construction and appurtenances
have increased to such an extent that the original amount of bonds voted
will not provide sufficient revenue to meet the total cost of such
improvements and appurtenances, and the governing body of such main
sewer district shall have adopted a resolution declaring such conditions
to exist, then the governing body of such main sewer district is hereby
authorized and empowered to issue no-fund warrants of such main sewer
district in an amount not exceeding six percent of the total amount of
bonds authorized by the vote of the electors of such main sewer
district, and the revenue derived from the issuance of said warrants may
be used by the governing body of said main sewer district to provide
additional funds to be used in paying the cost of constructing a main
trunk sewer system with sewage disposal plant and all appurtenances
thereto, except that no warrants shall be issued under
the authority conferred by this act unless, and until, an application shall
have been filed with the state court of tax appeals
requesting such court to authorize the issuance of
such warrants and the court shall enter
its order under its seal authorizing the issuance of the same.
The application to such court shall be signed and
sworn to by the governing body of the main sewer district and shall reveal the
following: (1) Circumstances which caused the shortage in revenues; (2) a
detailed statement showing why the original estimates of necessary
expenditures for the improvements to be made are now insufficient; and
(3) such other information as the court shall deem
necessary. If the court shall find the evidence submitted
in writing in support of the application shows: (a) That the cost of labor and
materials needed for the construction of such main trunk sewer system and
sewage disposal plant and all appurtenances has increased since the bonds were
originally voted for said construction and improvements; and (b) that
the governing body of such main sewer district does not have sufficient
funds available to pay the costs of necessary construction and
improvements, the court is empowered to authorize the
issuance of warrants in an amount not in excess of the amount hereinbefore
authorized. No order for the issuance of such warrants shall be made
without a public hearing before the court and notice of
such hearing shall be published in two issues of a paper of general circulation
within the main sewer district applying for such authority at least ten days
prior to such hearing. The notice shall be in such form as the
court shall prescribe, and the expense of such publication
shall be borne by the main sewer district.
Any taxpayer interested may file a written protest against such
application. When the authority to issue warrants under this section is
granted to a main sewer district, the governing body of such main sewer
district shall make a tax levy, at the first tax-levying period after
such warrants are issued, sufficient to pay such warrants and the
interest thereon, except that in lieu of making only
one tax levy, the governing body, if it deems it advisable, may make a tax levy
once each year for not to exceed three years, in approximately equal
installments, sufficient to pay such warrants and the interest thereon.
Such tax levies shall be in addition to all other tax levies authorized
or limited by law. All warrants issued under the authority conferred by
this act shall be issued, bear interest, be in the form, registered and
redeemed in the manner prescribed in K.S.A. 79-2940, and amendments
thereto, and any surplus existing after the
redemption of such warrants shall be handled in the manner
prescribed in K.S.A. 79-2940, and amendments
thereto.
History: L. 1947, ch. 210, § 1;
L. 2008, ch. 109, § 47; July 1.
Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2752a.Issuance of no-fund warrants for
additional revenue subsequent
to bond election for sewer system and disposal plant; limitation; approval of
state court of tax appeals; procedure.
That whenever a main sewer district has been established under the
provisions of K.S.A. 19-2731 to 19-2752, both sections inclusive, and
amendments thereto, and the question of the
issuance of bonds for the purpose of providing revenue to be used to
construct a main trunk sewer system with sewage disposal plant and all
appurtenances thereto has been submitted to the qualified electors of
such main sewer district and at least 65% of
the persons voting on said question shall have voted in favor of the issuance
of said bonds in the amount stated on the ballot, and after such election
the governing body of such main sewer district was unable to immediately
commence work on the construction of said main trunk sewer system and
sewage disposal plant and appurtenances because of a shortage of
necessary materials and labor and, as a result of such delay, the prices
of materials and labor needed for such construction and appurtenances
have increased to such an extent that the original amount of bonds voted
will not provide sufficient revenue to meet the total cost of such
improvements and appurtenances, and the governing body of such main
sewer district shall have adopted a resolution declaring such conditions
to exist, then the governing body of such main sewer district is hereby
authorized and empowered to issue no-fund warrants of such main sewer
district in an amount not exceeding six percent of the total amount of
bonds authorized by the vote of the electors of such main sewer
district, and the revenue derived from the issuance of said warrants may
be used by the governing body of said main sewer district to provide
additional funds to be used in paying the cost of constructing a main
trunk sewer system with sewage disposal plant and all appurtenances
thereto, except that no warrants shall be issued under
the authority conferred by this act unless, and until, an application shall
have been filed with the state court of tax appeals
requesting such court to authorize the issuance of
such warrants and the court shall enter
its order under its seal authorizing the issuance of the same.
The application to such court shall be signed and
sworn to by the governing body of the main sewer district and shall reveal the
following: (1) Circumstances which caused the shortage in revenues; (2) a
detailed statement showing why the original estimates of necessary
expenditures for the improvements to be made are now insufficient; and
(3) such other information as the court shall deem
necessary. If the court shall find the evidence submitted
in writing in support of the application shows: (a) That the cost of labor and
materials needed for the construction of such main trunk sewer system and
sewage disposal plant and all appurtenances has increased since the bonds were
originally voted for said construction and improvements; and (b) that
the governing body of such main sewer district does not have sufficient
funds available to pay the costs of necessary construction and
improvements, the court is empowered to authorize the
issuance of warrants in an amount not in excess of the amount hereinbefore
authorized. No order for the issuance of such warrants shall be made
without a public hearing before the court and notice of
such hearing shall be published in two issues of a paper of general circulation
within the main sewer district applying for such authority at least ten days
prior to such hearing. The notice shall be in such form as the
court shall prescribe, and the expense of such publication
shall be borne by the main sewer district.
Any taxpayer interested may file a written protest against such
application. When the authority to issue warrants under this section is
granted to a main sewer district, the governing body of such main sewer
district shall make a tax levy, at the first tax-levying period after
such warrants are issued, sufficient to pay such warrants and the
interest thereon, except that in lieu of making only
one tax levy, the governing body, if it deems it advisable, may make a tax levy
once each year for not to exceed three years, in approximately equal
installments, sufficient to pay such warrants and the interest thereon.
Such tax levies shall be in addition to all other tax levies authorized
or limited by law. All warrants issued under the authority conferred by
this act shall be issued, bear interest, be in the form, registered and
redeemed in the manner prescribed in K.S.A. 79-2940, and amendments
thereto, and any surplus existing after the
redemption of such warrants shall be handled in the manner
prescribed in K.S.A. 79-2940, and amendments
thereto.
History: L. 1947, ch. 210, § 1;
L. 2008, ch. 109, § 47; July 1.
Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2752a.Issuance of no-fund warrants for
additional revenue subsequent
to bond election for sewer system and disposal plant; limitation; approval of
state court of tax appeals; procedure.
That whenever a main sewer district has been established under the
provisions of K.S.A. 19-2731 to 19-2752, both sections inclusive, and
amendments thereto, and the question of the
issuance of bonds for the purpose of providing revenue to be used to
construct a main trunk sewer system with sewage disposal plant and all
appurtenances thereto has been submitted to the qualified electors of
such main sewer district and at least 65% of
the persons voting on said question shall have voted in favor of the issuance
of said bonds in the amount stated on the ballot, and after such election
the governing body of such main sewer district was unable to immediately
commence work on the construction of said main trunk sewer system and
sewage disposal plant and appurtenances because of a shortage of
necessary materials and labor and, as a result of such delay, the prices
of materials and labor needed for such construction and appurtenances
have increased to such an extent that the original amount of bonds voted
will not provide sufficient revenue to meet the total cost of such
improvements and appurtenances, and the governing body of such main
sewer district shall have adopted a resolution declaring such conditions
to exist, then the governing body of such main sewer district is hereby
authorized and empowered to issue no-fund warrants of such main sewer
district in an amount not exceeding six percent of the total amount of
bonds authorized by the vote of the electors of such main sewer
district, and the revenue derived from the issuance of said warrants may
be used by the governing body of said main sewer district to provide
additional funds to be used in paying the cost of constructing a main
trunk sewer system with sewage disposal plant and all appurtenances
thereto, except that no warrants shall be issued under
the authority conferred by this act unless, and until, an application shall
have been filed with the state court of tax appeals
requesting such court to authorize the issuance of
such warrants and the court shall enter
its order under its seal authorizing the issuance of the same.
The application to such court shall be signed and
sworn to by the governing body of the main sewer district and shall reveal the
following: (1) Circumstances which caused the shortage in revenues; (2) a
detailed statement showing why the original estimates of necessary
expenditures for the improvements to be made are now insufficient; and
(3) such other information as the court shall deem
necessary. If the court shall find the evidence submitted
in writing in support of the application shows: (a) That the cost of labor and
materials needed for the construction of such main trunk sewer system and
sewage disposal plant and all appurtenances has increased since the bonds were
originally voted for said construction and improvements; and (b) that
the governing body of such main sewer district does not have sufficient
funds available to pay the costs of necessary construction and
improvements, the court is empowered to authorize the
issuance of warrants in an amount not in excess of the amount hereinbefore
authorized. No order for the issuance of such warrants shall be made
without a public hearing before the court and notice of
such hearing shall be published in two issues of a paper of general circulation
within the main sewer district applying for such authority at least ten days
prior to such hearing. The notice shall be in such form as the
court shall prescribe, and the expense of such publication
shall be borne by the main sewer district.
Any taxpayer interested may file a written protest against such
application. When the authority to issue warrants under this section is
granted to a main sewer district, the governing body of such main sewer
district shall make a tax levy, at the first tax-levying period after
such warrants are issued, sufficient to pay such warrants and the
interest thereon, except that in lieu of making only
one tax levy, the governing body, if it deems it advisable, may make a tax levy
once each year for not to exceed three years, in approximately equal
installments, sufficient to pay such warrants and the interest thereon.
Such tax levies shall be in addition to all other tax levies authorized
or limited by law. All warrants issued under the authority conferred by
this act shall be issued, bear interest, be in the form, registered and
redeemed in the manner prescribed in K.S.A. 79-2940, and amendments
thereto, and any surplus existing after the
redemption of such warrants shall be handled in the manner
prescribed in K.S.A. 79-2940, and amendments
thereto.
History: L. 1947, ch. 210, § 1;
L. 2008, ch. 109, § 47; July 1.