State Codes and Statutes

Statutes > Kansas > Chapter72 > Article81 > Statutes_31082

72-8157

Chapter 72.--SCHOOLS
Article 81.--UNIFIED SCHOOL DISTRICT PROVISIONS OF LIMITED APPLICATION

      72-8157.   Lease of equipment, land, improvements by certain schooldistricts; disposition of proceeds; terms; limitations; cash basis andbudget laws exception; election.(a) Notwithstanding any provision of K.S.A. 72-8225 to the contrary, theboard of education of any school district, all or any part of which islocated in any county having a population of more than three hundredthousand (300,000), as lessee, may enter into written contracts for the useof equipment, land or improvements. Any such contract may provide forannual or other payment of rent or for the payment as compensation for suchuse a sum substantially equivalent to or in excess of the value of suchequipment, land or improvements under an agreement that the lessee shallbecome, or for no further or a merely nominal consideration has the optionof becoming, the owner of such equipment, land or improvements upon fullcompliance with the provisions of the contract.

      (b)   Any such board of education, as lessor, may enter into writtencontracts with any governmental agency for the use of equipment, land orimprovements which is owned by the school district. Any net proceedsreceived under any contract under this subsection shall be deposited in thecapital outlay fund or the general fund of the school district or, if suchequipment, land or improvements shall have been acquired from the proceedsof a bond issue which shall not have been fully retired at the time suchcontract is entered into, such net proceeds shall be deposited in the fundfor bonds and interest on bonds of the school district.

      (c)   The term of any lease authorized by subsections (a) or (b) of thissection may be for not to exceed twenty (20) years.

      (d)   Any contract made under authority of this section shall be subjectto change or termination at any time by special or general act of thelegislature. Any assignment of the lessor's rights in any contract madeunder subsection (a) of this section shall contain a citation of thissection and a recitation that the contract and assignment thereof aresubject to change or termination by special or general act of thelegislature. The provisions of the cash basis and budget laws shall notapply to any lease made under authority of this section in such a manner asto prevent the intention of this section from being made effective.

      (e)   Prior to entering any contract made under authority of subsection(a) of this section, the board of education shall submit to the electors ofthe school district the question of authorizing the board to enter intosuch contract, and upon the affirmative vote of the majority of thosevoting thereon, the board shall be authorized to enter into such contract.Such election shall be held in the manner provided by law for elections onquestions submitted in the district.

      History:   L. 1974, ch. 282, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter72 > Article81 > Statutes_31082

72-8157

Chapter 72.--SCHOOLS
Article 81.--UNIFIED SCHOOL DISTRICT PROVISIONS OF LIMITED APPLICATION

      72-8157.   Lease of equipment, land, improvements by certain schooldistricts; disposition of proceeds; terms; limitations; cash basis andbudget laws exception; election.(a) Notwithstanding any provision of K.S.A. 72-8225 to the contrary, theboard of education of any school district, all or any part of which islocated in any county having a population of more than three hundredthousand (300,000), as lessee, may enter into written contracts for the useof equipment, land or improvements. Any such contract may provide forannual or other payment of rent or for the payment as compensation for suchuse a sum substantially equivalent to or in excess of the value of suchequipment, land or improvements under an agreement that the lessee shallbecome, or for no further or a merely nominal consideration has the optionof becoming, the owner of such equipment, land or improvements upon fullcompliance with the provisions of the contract.

      (b)   Any such board of education, as lessor, may enter into writtencontracts with any governmental agency for the use of equipment, land orimprovements which is owned by the school district. Any net proceedsreceived under any contract under this subsection shall be deposited in thecapital outlay fund or the general fund of the school district or, if suchequipment, land or improvements shall have been acquired from the proceedsof a bond issue which shall not have been fully retired at the time suchcontract is entered into, such net proceeds shall be deposited in the fundfor bonds and interest on bonds of the school district.

      (c)   The term of any lease authorized by subsections (a) or (b) of thissection may be for not to exceed twenty (20) years.

      (d)   Any contract made under authority of this section shall be subjectto change or termination at any time by special or general act of thelegislature. Any assignment of the lessor's rights in any contract madeunder subsection (a) of this section shall contain a citation of thissection and a recitation that the contract and assignment thereof aresubject to change or termination by special or general act of thelegislature. The provisions of the cash basis and budget laws shall notapply to any lease made under authority of this section in such a manner asto prevent the intention of this section from being made effective.

      (e)   Prior to entering any contract made under authority of subsection(a) of this section, the board of education shall submit to the electors ofthe school district the question of authorizing the board to enter intosuch contract, and upon the affirmative vote of the majority of thosevoting thereon, the board shall be authorized to enter into such contract.Such election shall be held in the manner provided by law for elections onquestions submitted in the district.

      History:   L. 1974, ch. 282, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter72 > Article81 > Statutes_31082

72-8157

Chapter 72.--SCHOOLS
Article 81.--UNIFIED SCHOOL DISTRICT PROVISIONS OF LIMITED APPLICATION

      72-8157.   Lease of equipment, land, improvements by certain schooldistricts; disposition of proceeds; terms; limitations; cash basis andbudget laws exception; election.(a) Notwithstanding any provision of K.S.A. 72-8225 to the contrary, theboard of education of any school district, all or any part of which islocated in any county having a population of more than three hundredthousand (300,000), as lessee, may enter into written contracts for the useof equipment, land or improvements. Any such contract may provide forannual or other payment of rent or for the payment as compensation for suchuse a sum substantially equivalent to or in excess of the value of suchequipment, land or improvements under an agreement that the lessee shallbecome, or for no further or a merely nominal consideration has the optionof becoming, the owner of such equipment, land or improvements upon fullcompliance with the provisions of the contract.

      (b)   Any such board of education, as lessor, may enter into writtencontracts with any governmental agency for the use of equipment, land orimprovements which is owned by the school district. Any net proceedsreceived under any contract under this subsection shall be deposited in thecapital outlay fund or the general fund of the school district or, if suchequipment, land or improvements shall have been acquired from the proceedsof a bond issue which shall not have been fully retired at the time suchcontract is entered into, such net proceeds shall be deposited in the fundfor bonds and interest on bonds of the school district.

      (c)   The term of any lease authorized by subsections (a) or (b) of thissection may be for not to exceed twenty (20) years.

      (d)   Any contract made under authority of this section shall be subjectto change or termination at any time by special or general act of thelegislature. Any assignment of the lessor's rights in any contract madeunder subsection (a) of this section shall contain a citation of thissection and a recitation that the contract and assignment thereof aresubject to change or termination by special or general act of thelegislature. The provisions of the cash basis and budget laws shall notapply to any lease made under authority of this section in such a manner asto prevent the intention of this section from being made effective.

      (e)   Prior to entering any contract made under authority of subsection(a) of this section, the board of education shall submit to the electors ofthe school district the question of authorizing the board to enter intosuch contract, and upon the affirmative vote of the majority of thosevoting thereon, the board shall be authorized to enter into such contract.Such election shall be held in the manner provided by law for elections onquestions submitted in the district.

      History:   L. 1974, ch. 282, § 1; July 1.