Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3508.Revenue bonds; election; petition for resubmission; tax
levies to pay expenses, when.
Before any water district shall be authorized to issue any revenue bonds
for the establishment, construction, purchase, operation and maintenance
of any water supply and distribution system or to incur any expenses
therefor, except the necessary expenses involved in making the
authorized survey, plans, specifications, rate structures and cost
estimates, the question of issuance of such revenue bonds, to provide
funds for the proposed plan or program as approved by the water district
board shall be submitted to a special election of the qualified electors
residing in such water district. The water district board may call such
an election by resolution at any time, except as herein otherwise
specifically provided. If said water district board shall fail to call
such bond election within ninety (90) days after the date of approval of
a plan or program, then it shall be mandatory upon said water district
board to call such an election, whenever a petition, signed by one
thousand (1,000) qualified electors residing within the area comprising
the water district, is filed with said board. If a majority of the legal
votes cast at such an election are in the affirmative, the water
district board shall proceed to construct, purchase, condemn or
otherwise acquire a water supply and distribution system and to issue
revenue bonds in payment of the same. If the majority of legal votes
cast at such special election are in the negative such water district
may be disorganized by the affirmative vote of said water district board
or said board may continue such water district in existence and upon a
petition submitted to them signed by one thousand (1,000) qualified
electors residing within the water district, resubmit the question of
such public improvements upon the same or different preliminary plans at
a future special election. No such special election shall be held within
one (1) year after the rejection of such proposition.
If a majority of the legal votes cast at any bond election are in the
negative, or if the votes are in the affirmative and for any reason
notwithstanding such affirmative vote the properties of the privately
owned water system cannot be or is not acquired by said district either
by purchase or by condemnation or because of any fair value approved by
the district court having jurisdiction is not found feasible and for
such reason is not approved by the board or for any other reason, then
in such event or events the water district board shall certify to the
board of county commissioners a detailed statement of all expenses
incurred prior thereto by the district that may not have been paid from
funds derived from the issuance of no-fund warrants as authorized in
K.S.A. 19-3505a.
The county treasurer shall pay such expenses to the persons entitled
thereto upon orders signed by the chairman of the board of county
commissioners and attested by the county clerk. And thereupon the county
clerk shall determine the rate of tax necessary to be levied on all the
taxable, tangible property in the district to pay such expenses. Upon
the determination of such rate of tax, said county clerk shall certify
the same to the board of county commissioners of every county in which
any portion of the area of such district lies and said boards of county
commissioners shall levy such tax on all taxable, tangible property in
such district in their respective counties. Upon the collection of such
tax in any county other than the county in which the greatest portion of
the area of the district lies, the county treasurer of such county shall
transmit the same to the county treasurer of the county in which the
greater portion of such district lies. For the purpose of enabling the
county clerk to fix a rate of tax as hereinbefore prescribed, the county
clerks of all other counties wherein any portion of the area of such
district lies shall, on or before July 15 of each year certify to such
county clerk determining said rate the total assessed valuation of the
taxable, tangible property within the area of such district that lies
within his county. Said tax levy 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 limit prescribed by K.S.A. 79-1947, or acts
amendatory thereof.
History: L. 1951, ch. 240, § 8; L. 1957, ch. 192, § 5; April 17.
Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3508.Revenue bonds; election; petition for resubmission; tax
levies to pay expenses, when.
Before any water district shall be authorized to issue any revenue bonds
for the establishment, construction, purchase, operation and maintenance
of any water supply and distribution system or to incur any expenses
therefor, except the necessary expenses involved in making the
authorized survey, plans, specifications, rate structures and cost
estimates, the question of issuance of such revenue bonds, to provide
funds for the proposed plan or program as approved by the water district
board shall be submitted to a special election of the qualified electors
residing in such water district. The water district board may call such
an election by resolution at any time, except as herein otherwise
specifically provided. If said water district board shall fail to call
such bond election within ninety (90) days after the date of approval of
a plan or program, then it shall be mandatory upon said water district
board to call such an election, whenever a petition, signed by one
thousand (1,000) qualified electors residing within the area comprising
the water district, is filed with said board. If a majority of the legal
votes cast at such an election are in the affirmative, the water
district board shall proceed to construct, purchase, condemn or
otherwise acquire a water supply and distribution system and to issue
revenue bonds in payment of the same. If the majority of legal votes
cast at such special election are in the negative such water district
may be disorganized by the affirmative vote of said water district board
or said board may continue such water district in existence and upon a
petition submitted to them signed by one thousand (1,000) qualified
electors residing within the water district, resubmit the question of
such public improvements upon the same or different preliminary plans at
a future special election. No such special election shall be held within
one (1) year after the rejection of such proposition.
If a majority of the legal votes cast at any bond election are in the
negative, or if the votes are in the affirmative and for any reason
notwithstanding such affirmative vote the properties of the privately
owned water system cannot be or is not acquired by said district either
by purchase or by condemnation or because of any fair value approved by
the district court having jurisdiction is not found feasible and for
such reason is not approved by the board or for any other reason, then
in such event or events the water district board shall certify to the
board of county commissioners a detailed statement of all expenses
incurred prior thereto by the district that may not have been paid from
funds derived from the issuance of no-fund warrants as authorized in
K.S.A. 19-3505a.
The county treasurer shall pay such expenses to the persons entitled
thereto upon orders signed by the chairman of the board of county
commissioners and attested by the county clerk. And thereupon the county
clerk shall determine the rate of tax necessary to be levied on all the
taxable, tangible property in the district to pay such expenses. Upon
the determination of such rate of tax, said county clerk shall certify
the same to the board of county commissioners of every county in which
any portion of the area of such district lies and said boards of county
commissioners shall levy such tax on all taxable, tangible property in
such district in their respective counties. Upon the collection of such
tax in any county other than the county in which the greatest portion of
the area of the district lies, the county treasurer of such county shall
transmit the same to the county treasurer of the county in which the
greater portion of such district lies. For the purpose of enabling the
county clerk to fix a rate of tax as hereinbefore prescribed, the county
clerks of all other counties wherein any portion of the area of such
district lies shall, on or before July 15 of each year certify to such
county clerk determining said rate the total assessed valuation of the
taxable, tangible property within the area of such district that lies
within his county. Said tax levy 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 limit prescribed by K.S.A. 79-1947, or acts
amendatory thereof.
History: L. 1951, ch. 240, § 8; L. 1957, ch. 192, § 5; April 17.
Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3508.Revenue bonds; election; petition for resubmission; tax
levies to pay expenses, when.
Before any water district shall be authorized to issue any revenue bonds
for the establishment, construction, purchase, operation and maintenance
of any water supply and distribution system or to incur any expenses
therefor, except the necessary expenses involved in making the
authorized survey, plans, specifications, rate structures and cost
estimates, the question of issuance of such revenue bonds, to provide
funds for the proposed plan or program as approved by the water district
board shall be submitted to a special election of the qualified electors
residing in such water district. The water district board may call such
an election by resolution at any time, except as herein otherwise
specifically provided. If said water district board shall fail to call
such bond election within ninety (90) days after the date of approval of
a plan or program, then it shall be mandatory upon said water district
board to call such an election, whenever a petition, signed by one
thousand (1,000) qualified electors residing within the area comprising
the water district, is filed with said board. If a majority of the legal
votes cast at such an election are in the affirmative, the water
district board shall proceed to construct, purchase, condemn or
otherwise acquire a water supply and distribution system and to issue
revenue bonds in payment of the same. If the majority of legal votes
cast at such special election are in the negative such water district
may be disorganized by the affirmative vote of said water district board
or said board may continue such water district in existence and upon a
petition submitted to them signed by one thousand (1,000) qualified
electors residing within the water district, resubmit the question of
such public improvements upon the same or different preliminary plans at
a future special election. No such special election shall be held within
one (1) year after the rejection of such proposition.
If a majority of the legal votes cast at any bond election are in the
negative, or if the votes are in the affirmative and for any reason
notwithstanding such affirmative vote the properties of the privately
owned water system cannot be or is not acquired by said district either
by purchase or by condemnation or because of any fair value approved by
the district court having jurisdiction is not found feasible and for
such reason is not approved by the board or for any other reason, then
in such event or events the water district board shall certify to the
board of county commissioners a detailed statement of all expenses
incurred prior thereto by the district that may not have been paid from
funds derived from the issuance of no-fund warrants as authorized in
K.S.A. 19-3505a.
The county treasurer shall pay such expenses to the persons entitled
thereto upon orders signed by the chairman of the board of county
commissioners and attested by the county clerk. And thereupon the county
clerk shall determine the rate of tax necessary to be levied on all the
taxable, tangible property in the district to pay such expenses. Upon
the determination of such rate of tax, said county clerk shall certify
the same to the board of county commissioners of every county in which
any portion of the area of such district lies and said boards of county
commissioners shall levy such tax on all taxable, tangible property in
such district in their respective counties. Upon the collection of such
tax in any county other than the county in which the greatest portion of
the area of the district lies, the county treasurer of such county shall
transmit the same to the county treasurer of the county in which the
greater portion of such district lies. For the purpose of enabling the
county clerk to fix a rate of tax as hereinbefore prescribed, the county
clerks of all other counties wherein any portion of the area of such
district lies shall, on or before July 15 of each year certify to such
county clerk determining said rate the total assessed valuation of the
taxable, tangible property within the area of such district that lies
within his county. Said tax levy 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 limit prescribed by K.S.A. 79-1947, or acts
amendatory thereof.
History: L. 1951, ch. 240, § 8; L. 1957, ch. 192, § 5; April 17.