State Codes and Statutes

Statutes > Kansas > Chapter72 > Article88 > Statutes_31247

72-8801

Chapter 72.--SCHOOLS
Article 88.--CAPITAL OUTLAY LEVY, FUND AND BONDS

      72-8801.   Capital outlay levy, use of proceeds;procedure; protest; petitionand election; definitions.(a) The board ofeducation of any school district may make an annual tax levy at a mill rate notto exceed thestatutorily prescribed mill rate for a period of not to exceed five years uponthe taxable tangibleproperty in the school district for the purposes specified in this act and forthe purpose of paying aportion of the principal and interest on bonds issued by cities under theauthority of K.S.A. 12-1774,and amendments thereto, for the financing of redevelopment projects uponproperty located withinthe school district. No levy shall be made under this act until a resolution isadopted by the board ofeducation in the following form:

Unified School District No. ______,

______________ County, Kansas.

RESOLUTION

Be It Resolved that:

      The above-named school board shall be authorized to make an annual tax levy fora period not to exceed ______ years in an amount not to exceed ______ millsupon the taxable tangible property in the school district for the purpose ofacquisition, construction, reconstruction, repair, remodeling, additions to,furnishing and equipping of buildings necessary for school district purposes,including housing and boarding pupils enrolled in an area vocational schooloperated under the board, architectural expenses incidental thereto, theacquisition of building sites, the undertaking and maintenance of asbestoscontrol projects, the acquisition of school buses and the acquisition of otherequipment and for the purpose of paying a portion of the principal and intereston bonds issued by cities under the authority of K.S.A. 12-1774, and amendmentsthereto, for the financing of redevelopment projects upon property locatedwithin the school district. The tax levy authorized by this resolution may bemade, unless a petition in opposition to the same, signed by not less than 10%of the qualified electors of the school district, is filed with the countyelection officer of the home county of the school district within 40 days afterthe last publication of this resolution. In the event a petition is filed thecounty election officer shall submit the question of whether the tax levy shallbe authorized to the electors in the school district at an election called forthe purpose or at the next general election, as is specified by the board ofeducation of the above school district.

CERTIFICATE

      This is to certify that the above resolution was duly adopted by the board ofeducation of Unified School DistrictNo. ______, ____________ County, Kansas, on the ____ day of _________,____.

______________________________________

Clerk of the board of education.

      All of the blanks in the above resolution shall be appropriately filled. Theblank precedingthe word "years" shall be filled with a specific number, and the blankpreceding the word "mills"shall be filled with a specific number, and no word shall be inserted in eitherof the blanks. Theresolution shall be published once a week for two consecutive weeks in anewspaper having generalcirculation in the school district. If no petition as specified above is filedin accordance with theprovisions of the resolution, the board of education may make the tax levyspecified in the resolution.If a petition is filed as provided in the resolution, the board of educationmay notify the countyelection officer of the date of an election to be held to submit the questionof whether the tax levyshall be authorized. If the board of education fails to notify the countyelection officer within 60 daysafter a petition is filed, the resolution shall be deemed abandoned and no likeresolution shall beadopted by the board of education within the nine months following the firstpublication of theresolution.

      (b)   As used in this act:

      (1)   "Unconditionally authorized to make a capital outlay tax levy" means thatthe schooldistrict has adopted a resolution under this section, has published the same,and either that theresolution was not protested or that it was protested and an election has beenheld by which the taxlevy specified in the resolution was approved;

      (2)   "statutorily prescribed mill rate" means: (A) Eight mills; (B)the mill levy rate in excess ofeight mills if theresolution fixing such ratewas approved at an election prior to the effective date of this act; or (C) themill levy rate in excessof eight mills if no petition or no sufficient petition was filed in protest toa resolution fixing such ratein excess of eight mills and the protest period for filing such petition hasexpired;

      (3)   "asbestos control project" means any activity which is necessary orincidental to thecontrol of asbestos-containing material in buildings of school districts andincludes, but not by wayof limitation, any activity undertaken for the removal or encapsulation ofasbestos-containingmaterial, for any remodeling, renovation, replacement, rehabilitation or otherrestoration necessitated by such removal or encapsulation, for conductinginspections, reinspections and periodicsurveillance of buildings, performing response actions, and developing,implementing and updatingoperations and maintenance programs and management plans;

      (4)   "asbestos" means the asbestiform varieties of chrysotile (serpentine),crocidolite(riebeckite), amosite (cummingtonitegrunerite), anthophyllite, tremolite, andactinolite; and

      (5)   "asbestos-containing material" means any material or product whichcontains more than1% asbestos.

      History:   L. 1969, ch. 353, § 1; L. 1974, ch. 320, § 1; L.1975, ch. 386, § 1; L. 1979, ch. 52, § 184; L. 1981, ch. 286, § 2;L. 1988, ch. 285, § 1;L. 1991, ch. 229, § 6;L. 2005, ch. 152, § 25; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter72 > Article88 > Statutes_31247

72-8801

Chapter 72.--SCHOOLS
Article 88.--CAPITAL OUTLAY LEVY, FUND AND BONDS

      72-8801.   Capital outlay levy, use of proceeds;procedure; protest; petitionand election; definitions.(a) The board ofeducation of any school district may make an annual tax levy at a mill rate notto exceed thestatutorily prescribed mill rate for a period of not to exceed five years uponthe taxable tangibleproperty in the school district for the purposes specified in this act and forthe purpose of paying aportion of the principal and interest on bonds issued by cities under theauthority of K.S.A. 12-1774,and amendments thereto, for the financing of redevelopment projects uponproperty located withinthe school district. No levy shall be made under this act until a resolution isadopted by the board ofeducation in the following form:

Unified School District No. ______,

______________ County, Kansas.

RESOLUTION

Be It Resolved that:

      The above-named school board shall be authorized to make an annual tax levy fora period not to exceed ______ years in an amount not to exceed ______ millsupon the taxable tangible property in the school district for the purpose ofacquisition, construction, reconstruction, repair, remodeling, additions to,furnishing and equipping of buildings necessary for school district purposes,including housing and boarding pupils enrolled in an area vocational schooloperated under the board, architectural expenses incidental thereto, theacquisition of building sites, the undertaking and maintenance of asbestoscontrol projects, the acquisition of school buses and the acquisition of otherequipment and for the purpose of paying a portion of the principal and intereston bonds issued by cities under the authority of K.S.A. 12-1774, and amendmentsthereto, for the financing of redevelopment projects upon property locatedwithin the school district. The tax levy authorized by this resolution may bemade, unless a petition in opposition to the same, signed by not less than 10%of the qualified electors of the school district, is filed with the countyelection officer of the home county of the school district within 40 days afterthe last publication of this resolution. In the event a petition is filed thecounty election officer shall submit the question of whether the tax levy shallbe authorized to the electors in the school district at an election called forthe purpose or at the next general election, as is specified by the board ofeducation of the above school district.

CERTIFICATE

      This is to certify that the above resolution was duly adopted by the board ofeducation of Unified School DistrictNo. ______, ____________ County, Kansas, on the ____ day of _________,____.

______________________________________

Clerk of the board of education.

      All of the blanks in the above resolution shall be appropriately filled. Theblank precedingthe word "years" shall be filled with a specific number, and the blankpreceding the word "mills"shall be filled with a specific number, and no word shall be inserted in eitherof the blanks. Theresolution shall be published once a week for two consecutive weeks in anewspaper having generalcirculation in the school district. If no petition as specified above is filedin accordance with theprovisions of the resolution, the board of education may make the tax levyspecified in the resolution.If a petition is filed as provided in the resolution, the board of educationmay notify the countyelection officer of the date of an election to be held to submit the questionof whether the tax levyshall be authorized. If the board of education fails to notify the countyelection officer within 60 daysafter a petition is filed, the resolution shall be deemed abandoned and no likeresolution shall beadopted by the board of education within the nine months following the firstpublication of theresolution.

      (b)   As used in this act:

      (1)   "Unconditionally authorized to make a capital outlay tax levy" means thatthe schooldistrict has adopted a resolution under this section, has published the same,and either that theresolution was not protested or that it was protested and an election has beenheld by which the taxlevy specified in the resolution was approved;

      (2)   "statutorily prescribed mill rate" means: (A) Eight mills; (B)the mill levy rate in excess ofeight mills if theresolution fixing such ratewas approved at an election prior to the effective date of this act; or (C) themill levy rate in excessof eight mills if no petition or no sufficient petition was filed in protest toa resolution fixing such ratein excess of eight mills and the protest period for filing such petition hasexpired;

      (3)   "asbestos control project" means any activity which is necessary orincidental to thecontrol of asbestos-containing material in buildings of school districts andincludes, but not by wayof limitation, any activity undertaken for the removal or encapsulation ofasbestos-containingmaterial, for any remodeling, renovation, replacement, rehabilitation or otherrestoration necessitated by such removal or encapsulation, for conductinginspections, reinspections and periodicsurveillance of buildings, performing response actions, and developing,implementing and updatingoperations and maintenance programs and management plans;

      (4)   "asbestos" means the asbestiform varieties of chrysotile (serpentine),crocidolite(riebeckite), amosite (cummingtonitegrunerite), anthophyllite, tremolite, andactinolite; and

      (5)   "asbestos-containing material" means any material or product whichcontains more than1% asbestos.

      History:   L. 1969, ch. 353, § 1; L. 1974, ch. 320, § 1; L.1975, ch. 386, § 1; L. 1979, ch. 52, § 184; L. 1981, ch. 286, § 2;L. 1988, ch. 285, § 1;L. 1991, ch. 229, § 6;L. 2005, ch. 152, § 25; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter72 > Article88 > Statutes_31247

72-8801

Chapter 72.--SCHOOLS
Article 88.--CAPITAL OUTLAY LEVY, FUND AND BONDS

      72-8801.   Capital outlay levy, use of proceeds;procedure; protest; petitionand election; definitions.(a) The board ofeducation of any school district may make an annual tax levy at a mill rate notto exceed thestatutorily prescribed mill rate for a period of not to exceed five years uponthe taxable tangibleproperty in the school district for the purposes specified in this act and forthe purpose of paying aportion of the principal and interest on bonds issued by cities under theauthority of K.S.A. 12-1774,and amendments thereto, for the financing of redevelopment projects uponproperty located withinthe school district. No levy shall be made under this act until a resolution isadopted by the board ofeducation in the following form:

Unified School District No. ______,

______________ County, Kansas.

RESOLUTION

Be It Resolved that:

      The above-named school board shall be authorized to make an annual tax levy fora period not to exceed ______ years in an amount not to exceed ______ millsupon the taxable tangible property in the school district for the purpose ofacquisition, construction, reconstruction, repair, remodeling, additions to,furnishing and equipping of buildings necessary for school district purposes,including housing and boarding pupils enrolled in an area vocational schooloperated under the board, architectural expenses incidental thereto, theacquisition of building sites, the undertaking and maintenance of asbestoscontrol projects, the acquisition of school buses and the acquisition of otherequipment and for the purpose of paying a portion of the principal and intereston bonds issued by cities under the authority of K.S.A. 12-1774, and amendmentsthereto, for the financing of redevelopment projects upon property locatedwithin the school district. The tax levy authorized by this resolution may bemade, unless a petition in opposition to the same, signed by not less than 10%of the qualified electors of the school district, is filed with the countyelection officer of the home county of the school district within 40 days afterthe last publication of this resolution. In the event a petition is filed thecounty election officer shall submit the question of whether the tax levy shallbe authorized to the electors in the school district at an election called forthe purpose or at the next general election, as is specified by the board ofeducation of the above school district.

CERTIFICATE

      This is to certify that the above resolution was duly adopted by the board ofeducation of Unified School DistrictNo. ______, ____________ County, Kansas, on the ____ day of _________,____.

______________________________________

Clerk of the board of education.

      All of the blanks in the above resolution shall be appropriately filled. Theblank precedingthe word "years" shall be filled with a specific number, and the blankpreceding the word "mills"shall be filled with a specific number, and no word shall be inserted in eitherof the blanks. Theresolution shall be published once a week for two consecutive weeks in anewspaper having generalcirculation in the school district. If no petition as specified above is filedin accordance with theprovisions of the resolution, the board of education may make the tax levyspecified in the resolution.If a petition is filed as provided in the resolution, the board of educationmay notify the countyelection officer of the date of an election to be held to submit the questionof whether the tax levyshall be authorized. If the board of education fails to notify the countyelection officer within 60 daysafter a petition is filed, the resolution shall be deemed abandoned and no likeresolution shall beadopted by the board of education within the nine months following the firstpublication of theresolution.

      (b)   As used in this act:

      (1)   "Unconditionally authorized to make a capital outlay tax levy" means thatthe schooldistrict has adopted a resolution under this section, has published the same,and either that theresolution was not protested or that it was protested and an election has beenheld by which the taxlevy specified in the resolution was approved;

      (2)   "statutorily prescribed mill rate" means: (A) Eight mills; (B)the mill levy rate in excess ofeight mills if theresolution fixing such ratewas approved at an election prior to the effective date of this act; or (C) themill levy rate in excessof eight mills if no petition or no sufficient petition was filed in protest toa resolution fixing such ratein excess of eight mills and the protest period for filing such petition hasexpired;

      (3)   "asbestos control project" means any activity which is necessary orincidental to thecontrol of asbestos-containing material in buildings of school districts andincludes, but not by wayof limitation, any activity undertaken for the removal or encapsulation ofasbestos-containingmaterial, for any remodeling, renovation, replacement, rehabilitation or otherrestoration necessitated by such removal or encapsulation, for conductinginspections, reinspections and periodicsurveillance of buildings, performing response actions, and developing,implementing and updatingoperations and maintenance programs and management plans;

      (4)   "asbestos" means the asbestiform varieties of chrysotile (serpentine),crocidolite(riebeckite), amosite (cummingtonitegrunerite), anthophyllite, tremolite, andactinolite; and

      (5)   "asbestos-containing material" means any material or product whichcontains more than1% asbestos.

      History:   L. 1969, ch. 353, § 1; L. 1974, ch. 320, § 1; L.1975, ch. 386, § 1; L. 1979, ch. 52, § 184; L. 1981, ch. 286, § 2;L. 1988, ch. 285, § 1;L. 1991, ch. 229, § 6;L. 2005, ch. 152, § 25; July 1.