CHAPTER 176
HOUSE BILL No. 2878
An Act concerning certain municipalities; relating to the
governing bodies thereof; relating
to the powers and duties thereof; amending K.S.A. 12-1922, 12-1926,
12-1927 and 12-
1928 and K.S.A. 2001 Supp. 19-2765 and 19-4004 and repealing the
existing sections;
also repealing K.S.A. 12-1935.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-1926 is hereby
amended to read as follows: 12-
1926. (a) Except as provided by this section
subsection (c), recreation
commissions shall consist of five members to be appointed as
follows: (1)
Upon the adoption of the provisions of this act by the city or
school district
acting independently, the governing body of such city or school
district
shall appoint four persons who are residents of the taxing district
to serve
as members of the recreation commission, the first appointee to
serve for
four years, the second for three years, the third for two years,
and the
fourth for one year, and the fifth member who also shall serve for
four
years shall be appointed by the four appointee members of such
com-
mission; or (2) upon the adoption of the provisions of this act by
the city
and school district acting jointly, the governing bodies each shall
appoint
two persons who are residents of the taxing district to serve as
members
of the recreation commission, and the persons so selected shall
select one
additional person, and all of such persons shall constitute the
recreation
commission.
Of the members of the commission first
selected by the school district,
one shall serve for a term of one year, and one for a term of four
years;
one of those first selected by the governing body of the city shall
serve
for a term of two years, and one for a term of three years. The
additional
member shall serve for a term of four years. Thereafter, the
members of
the commission shall be selected in the same manner as the member
such
person is succeeding and the term of office of each shall be four
years.
Any member of the recreation commission may be removed from the
commission, by the appointing authority, for any cause which would
jus-
tify removal of an appointive officer of the city or school
district. Except
for members first appointed to the commission, all commissioners
not
filling a vacancy shall hold office for a term of four years and
until their
successors are appointed and qualified. Whenever a vacancy occurs
in the
membership of the commission, a successor shall be selected to fill
such
vacancy in the same manner as and for the unexpired term of the
member
such person is succeeding. The commission shall elect a chairperson
and
secretary from their membership. The commissioners are hereby
em-
powered to administer in all respects the business and affairs of
the rec-
reation system. The treasurer of the city or school district to
which is
certified the budget of the recreation commission shall serve as ex
officio
treasurer of the recreation commission. Such treasurer shall keep
an ac-
curate record of all money and property received and disbursed and
shall
make a report thereof monthly to the commission, or as often as
the
commission requires. Members of the commission and the ex officio
trea-
surer of the commission shall serve without compensation.
(b) Any recreation commission established
pursuant to K.S.A. 12-
1901 et seq., and amendments thereto, prior to the effective
date of this
act may continue as constituted on the effective date of this act
or may,
upon a majority vote of the commissioners, reorganize into a
five-member
commission as provided by subsection (a). If the commission
continues
as constituted on the effective date of this act, upon the
expiration of the
term of a member, a person shall be appointed to the commission in
the
same manner as the member such person is succeeding. The term
of
office shall be four years. Whenever a vacancy occurs in the
membership
of the commission, a successor shall be selected to fill such
vacancy in
the same manner as and for the unexpired term of the member
such
person is succeeding.
(c) From and after the effective
date of this act, the Blue Valley rec-
reation system established by the Blue Valley unified
school district No.
229 shall be governed by a recreation commission consisting
of seven
members appointed by the board of education of such school
district.
There shall be at least two residents of each member
district of such
school district appointed to the recreation commission. The
terms of of-
fice of members of the recreation commission serving prior
to the effec-
tive date of this act shall expire on the effective date of
this act, but such
members shall continue to serve until their successors are
appointed here-
under. Members of the recreation commission serving prior
to the effec-
tive date of this act may be reappointed as provided by
this subsection.
Of the members first appointed to the commission after the
effective date
of this act: (1) One member shall be appointed for a term
of one year;
(2) two members shall be appointed for terms of two years;
(3) two mem-
bers shall be appointed for terms of three years; and (4)
two members
shall be appointed for terms of four years. Thereafter
successors shall be
appointed for terms of four years and until their
successors are appointed
and qualified. Members may be removed from the commission
by the
board of education. Vacancies shall be filled by
appointment for the unex-
pired term.
Any recreation commission having more than
five members and estab-
lished prior to July 1, 2002, may continue as constituted on
June 30, 2002,
or upon a majority vote of such commissioners, may reorganize
into a five
member district as provided in subsection (a). If a recreation
commission
having more than five members and established prior to July 1,
2002,
continues as constituted on June 30, 2002, upon the expiration
of the term
of a member, a person shall be appointed to the recreation
commission in
the same manner as the member such person is succeeding. The
term of
office shall be four years. Whenever a vacancy occurs in the
membership
of a recreation commission, a successor shall be selected to
fill such va-
cancy in the same manner as and for the unexpired term of the
member
such person is succeeding.
Sec. 2. K.S.A. 12-1927 is hereby
amended to read as follows: 12-
1927. (a) Except as provided by subsection (b) The
recreation commission
shall prepare an annual budget for the operation of the recreation
system.
Prior to the certification of its budget to the city or school
district, the
recreation commission shall meet for the purpose of answering and
hear-
ing objections of taxpayers relating to the proposed budget and for
the
purpose of considering amendments to such proposed budget. The
rec-
reation commission shall give at least 10 days' notice of the time
and place
of the meeting by publication in a weekly or daily newspaper having
a
general circulation in the taxing district. Such notice shall
include the
proposed budget and shall set out all essential items in the budget
except
such groupings as designated by the director of accounts and
reports on
a special publication form prescribed by the director of accounts
and
reports and furnished with the regular budget form. The public
hearing
required to be held herein shall be held not less than 10 days
prior to the
date on which the recreation commission is required to certify its
budget
to the city or school district. After such hearing the budget shall
be
adopted or amended and adopted by the recreation commission. In
order
to provide funds to carry out the provisions of this act and to pay
a portion
of the principal and interest on bonds issued pursuant to K.S.A.
12-1774,
and amendments thereto, the recreation commission shall annually,
not
later than August 1 of any year, certify its budget to such city or
school
district which shall levy a tax sufficient to raise the amount
required by
such budget on all the taxable tangible property within the taxing
district.
Each year a copy of the budget adopted by the recreation
commission
shall be filed with the city clerk in the case of a
city-established recreation
system or with the clerk of the school district in the case of a
school
district-established recreation system or with the clerk of the
taxing dis-
trict in the case of a jointly established recreation system. A
copy of such
budget also shall be filed with the county clerk of the county in
which
the recreation system is located. If the recreation system is
located in
more than one county, a copy of the budget shall be filed with the
clerk
of the county in which the greater portion of the assessed
valuation of
the recreation system is located. The city or school district shall
not be
required to levy a tax in excess of the maximum tax levy set by the
city
or school district by current resolution. In the case of a new
recreation
commission established under the provisions of this act, such levy
shall
not be required to exceed one mill. Whenever the recreation
commission
determines that the tax currently being levied for the commission,
as
previously established by the city or school district, is
insufficient to op-
erate the recreation system and the commission desires to increase
the
mill levy above the current levy, the commission shall request that
the
city or school district authorize an increase by adopting a
resolution de-
claring it necessary to increase the annual levy. The city or
school district
may authorize the increase by resolution, but such increase shall
not ex-
ceed one mill per year. The maximum annual mill levy for the
recreation
commission general fund shall not exceed a total of four mills.
(b) Prior to adopting the budget
pursuant to subsection (a), the Blue
Valley recreation commission appointed by the Blue Valley
unified school
district No. 229 shall submit its proposed budget to the
board of education
of such school district. The school board either shall
approve, or modify
and approve, the proposed budget. The recreation commission
shall
adopt such budget as approved, or modified and approved, by
the board.
(c) Any resolution
adopted under subsection (a) shall state the total
amount of the tax to be levied for the recreation system and shall
be
published once each week for two consecutive weeks in the official
news-
paper of the taxing district. Whereupon, such annual levy in an
amount
not to exceed the amount stated in the resolution may be made for
the
ensuing budget year and each successive budget year unless a
petition
requesting an election upon the proposition to increase the tax
levy in
excess of the current tax levy, signed by at least 5% of the
qualified voters
of the taxing district, is filed with the county election officer
within 30
days following the date of the last publication of the resolution.
In the
event a valid petition is filed, no such increased levy shall be
made without
such proposition having been submitted to and having been approved
by
a majority of the voters of the taxing district voting at an
election called
and held thereon. All such elections shall be called and held in
the manner
provided by the general bond law, and the cost of the election
shall be
borne by the recreation commission. Such taxes shall be levied and
col-
lected in like manner as other taxes, which levy the city or school
district
shall certify, on or before August 25 of each year, to the county
clerk who
is hereby authorized and required to place the same on the tax roll
of the
county to be collected by the county treasurer and paid over by the
county
treasurer to the ex officio treasurer of the recreation
commission.
(d) (c) The tax
levy provided in this section shall not be considered a
levy of such city or school district under any of the statutes of
this state,
but shall be in addition to all other levies authorized by law and,
with
respect to any such levy made for the first time in 1989, shall not
be
subject to the provisions of K.S.A. 79-5021 et seq., and
amendments
thereto.
(e) (d)
(1) At any time after the making of the first tax levy
pursuant
to this act, the amount of such tax levy may be reduced by a
majority of
the voters of the taxing district voting at an election called
pursuant to a
petition and conducted in the same manner as that prescribed by
sub-
section (c) (b). The authority of any
recreation commission in existence
on the effective date of this act or any recreation commission
established
under the provisions of this act to operate and conduct its
activities, other
than the recreation commission appointed by the Blue Valley
unified
school district No. 229, may be revoked in any
year following the third
year of its operation by a majority of the voters of the taxing
district voting
at an election called pursuant to a petition and conducted in the
same
manner as that prescribed by subsection (c)
(b). If the petition submitted
is for the purpose of reducing the mill levy, it shall state the
mill levy
reduction desired. Upon revocation, all property and money
belonging to
the recreation commission shall become the property of the taxing
au-
thority levying the tax for the commission, and the recreation
commission
shall be dissolved. In the event the authority of a recreation
commission
is revoked pursuant to this subsection, the taxing authority may
continue
to levy a tax in the manner prescribed by the petition language
for the
purpose of paying any outstanding obligations of the recreation
commis-
sion which exist on the date such authority is revoked. The
authority to
levy a tax for this purpose shall continue only as long as such
outstanding
obligations exist.
(2) If the recreation district whose
authority is revoked owns any real
property at the time of such revocation, title to such real
property shall
revert to the taxing authority.
(f) (e) All
financial records of the recreation commission shall be au-
dited as provided in K.S.A. 75-1122, and amendments thereto, and a
copy
of such annual audit report shall be filed with the governing body
of the
city or school district, or both, in the case of a jointly
established recre-
ation system. A copy of such audit also shall be filed with the
county clerk
of the county in which the recreation system is located. If the
recreation
system is located in more than one county, a copy of the budget
shall be
filed with the clerk of the county in which the greater portion of
the
assessed valuation of the recreation system is located. The cost of
each
audit shall be borne by the recreation commission.
Sec. 3. K.S.A. 12-1928 is hereby
amended to read as follows: 12-
1928. Every recreation commission appointed pursuant to this act
shall
have the power to:
(a) Make and adopt rules and regulations
for the operation of the
recreation system;
(b) conduct the activities of the
recreation system on any property
under its custody and management, or, with proper consent, on any
other
public property and upon private property with the consent of the
owners;
(c) receive any gift or donation from any
source;
(d) receive, accept and administer any
money appropriated or
granted to it by the state or federal government or any agency
thereof;
(e) purchase insurance. The city or
school district to which the rec-
reation commission certifies its budget shall levy an annual tax
upon all
taxable tangible property within the taxing district in an amount
necessary
to pay for insurance purchased for those purposes authorized by
K.S.A.
75-6111, and amendments thereto, and to pay a portion of the
principal
and interest on bonds issued pursuant to K.S.A. 12-1774, and
amend-
ments thereto, except that no levy shall be made under this
subsection
which, when coupled with any levy made pursuant to subsection (j),
is in
excess of one mill without the approval of the city or school
district. Taxes
levied pursuant to this subsection shall be in addition to all
other taxes
authorized or limited by K.S.A. 12-1927, and amendments thereto, or
any
other provisions of law;
(f) sue and be sued;
(g) enter contracts;
(h) enter lease agreements for real and
personal property. The term
of any such lease shall not exceed 10 years. Any such lease
agreement
shall be subject to the approval of the city or school district to
which the
recreation commission certifies its budget;
(i) employ a superintendent of recreation
and any other employees
which may be necessary for proper operation of the recreation
system;
(j) create and establish employee
benefits contribution funds for the
purpose of paying the employer's share of any employee benefits,
exclu-
sive of any salaries, wages or other direct payments to such
employees,
as may be prescribed in the resolution creating such funds. The
recreation
commission may receive and place in such funds any moneys from
any
source whatsoever which may be lawfully utilized for the purposes
stated
in the resolution creating such funds, including the proceeds of
tax levies
authorized by law for such purposes. The city or school district to
which
is certified the budget of any recreation commission which has
established
employee benefits contribution funds pursuant to this subsection
shall
levy an annual tax upon all taxable tangible property within the
taxing
district in an amount determined by the recreation commission to
be
necessary for the purposes for which such funds were created and to
pay
a portion of the principal and interest on bonds issued pursuant to
K.S.A.
12-1774, and amendments thereto, except that no levy shall be
made
under this subsection which, when coupled with any levy made
pursuant
to subsection (e), is in excess of one mill without the approval of
the city
or school district. Taxes levied pursuant to this subsection shall
be in
addition to all other taxes authorized or limited by K.S.A.
12-1927, and
amendments thereto, or any other provisions of law. For the
purposes of
this subsection, employee benefits shall include social security as
provided
by subsection (c) of K.S.A. 40-2305, and amendments thereto,
workers'
compensation as provided by K.S.A. 44-505c, and amendments
thereto,
unemployment compensation as provided by K.S.A. 44-710a, and
amend-
ments thereto, health insurance and retirement benefits;
(k) acquire title to personal property by
purchase, bequest, gift or
other donation and acquire title to real property by devise, gift
or other
donation. No real property may be purchased by the
recreation commis-
sion appointed by the Blue Valley unified school district
No. 229 without
first obtaining the approval of the board of education of
such school dis-
trict. Whenever property owned by a recreation
commission is sold, the
proceeds shall be used for recreation purposes;
and
(l) make improvements for recreation
system purposes; and
(l) (m) perform
any other acts necessary to carry out the provisions
of this act.
Sec. 4. K.S.A. 2001 Supp. 19-2765
is hereby amended to read as
follows: 19-2765. (a) Every improvement district
incorporated under the
terms of this act K.S.A. 19-2753 et
seq., and amendments thereto, shall
have the power to:
(1) (a) Adopt a
seal.
(2) (b) Be sued
and to sue by its corporate name.
(3) (c) Adopt
resolutions prescribing the manner in which the powers
of the district shall be carried out, and generally regulating the
affairs of
the district.
(4) (d) Plan and
construct or to purchase public works and improve-
ments necessary for public health, recreation, convenience or
welfare
within the limits of the improvement district. Also to construct or
pur-
chase works outside the limits of the district which may be
necessary to
secure outlets, disposal, etc., and permit satisfactory performance
of the
works within the district.
(5) (e) Purchase,
hold, sell and convey real estate and other property.
(6) (f) Take
private property for public use by exercise of the right of
eminent domain as provided by law.
(7) (g)
(i) (1) Annually levy and collect a
general tax not exceeding
five mills on all taxable tangible property within the district, to
create a
general fund. Unless consented to in writing by the owners of at
least
90% of the total area of land in the improvement district, no such
levy
shall be made by any improvement district where the density of
popula-
tion thereof, as determined by the county clerk of the county in
which
the district is located, on the basis of the assessment rolls for
the last
assessment made for the county, does not exceed one resident for
each
five acres of land, including platted land and unplatted land,
located
within the district. (ii) (2) In addition
to the levy authorized pursuant to
(i) (1), any improvement district located
in McPherson county may levy
and collect annually a tax not exceeding 20 mills on all taxable
tangible
property within the district to create a fund to provide street
lights in the
district. (iii) (3) In lieu of the levy
authorized under (i) (1), any
improvement
district located in a county having a population of more than
150,000 and
less than 180,000 and having an assessed taxable tangible valuation
in
such district of more than $300,000, may levy and collect annually
a tax
not exceeding 15 mills on all taxable tangible property within the
district
to provide moneys for the general fund and, in addition, may
annually
levy and collect a tax of not to exceed seven mills on all taxable
tangible
property within the district to provide moneys for law enforcement
and
fire protection for all property located within the district, if,
in either case,
51% of the qualified electors of the improvement district, as
determined
and verified by the board of directors of the district, shall
petition the
directors requesting that such levies be made.
(iv) (4) Any improvement
district may annually levy and collect a general tax not exceeding
six mills
on all taxable tangible property within the district to create a
general fund,
but no levy in excess of five mills may be made unless the board of
di-
rectors of such improvement district has published a resolution
author-
izing a levy in excess of five mills once each week for three
consecutive
weeks in a newspaper of general circulation within the district. If
within
30 days after the last publication of such resolution, a petition
protesting
such levy, signed by qualified electors of the improvement district
equal
in number to not less than 10% of the electors voting at the last
improve-
ment district election for directors, is filed with the county
clerk of the
county in which such improvement district is located, no levy in
excess
of five mills may be made. If no petition protesting the levy in
excess of
five mills is filed within the prescribed time, the improvement
district
may, annually thereafter, levy such general tax not exceeding six
mills.
(8) (h) Levy
assessments and special taxes, if deemed expedient by
the directors, upon all of the real estate in the district that may
be ben-
efited by special works and improvements including the
improvement
and maintenance of roads in the district, which will be conducive
to the
public health, convenience or welfare.
(9) (i) Authorize
the issuance of bonds to pay the cost of constructing
public works and improvements that will benefit all property
located
within the district and be conducive to the public health,
convenience, or
welfare and be beneficial to all of the inhabitants of the
district. No such
bonds shall be issued unless consented to in writing by the owners
of all
of the land in the improvement district or until authorized by a
vote of
the taxpayers as hereinafter provided. The total amount of such
bonds
outstanding shall not, unless consented to in writing by the owners
of all
of the land in the improvement district, exceed 25% of the assessed
val-
uation of the district as shown by latest assessment rolls. Unless
consented
to in writing by the owners of at least 90% of the total area of
land in the
improvement district, no such bonds shall be issued for the payment
of
the cost of any improvement within any improvement district where
the
density of population thereof, as determined by the county clerk of
the
county in which the district is located, on the basis of the
assessment rolls
for the last assessment made for the county does not exceed one
resident
for each five acres of land, including platted land and unplatted
land,
located within the district. Any improvement district having a
population
of more than 2,000 and an assessed taxable tangible valuation of
more
than $2,000,000 and located within a county having a population of
more
than 300,000 is hereby authorized to issue revenue bonds the
proceeds
of which shall be used only to purchase, construct, reconstruct,
equip,
maintain or repair buildings and to acquire sites therefor, and to
enlarge
or remodel such buildings and equip the same for the purposes set
out
in and pursuant to the provisions of K.S.A. 12-1740 et seq.,
and amend-
ments thereto.
(10) (j) Contract
with other improvement districts or with other pub-
lic corporations for cooperation or joint action in the
construction of pub-
lic works or improvements. Also to contract for and receive aid,
contri-
butions and loans from the United States government or any
agency
thereof.
(11)
(k) Establish by resolution of the board of directors
reasonable
rates on charges for the use of the sewage disposal system of the
district
and provide for the manner of the making and collection of the
same.
``Sewage disposal system'' for the purposes of this act shall
include the
system of sewers and the sewage disposal plant of the district.
(12) (l) Make all
contracts and do all other acts in relation to the
affairs of the district necessary to the proper exercise of its
corporate
legislative or administrative powers and to the accomplishment of
the
purpose of its organization.
(13) (m) Purchase
or acquire outdoor emergency warning sirens.
(14) (n) Employ
any person necessary to carry out the provisions of
this act.
(15)
(o) Do all other acts that may be necessary to
carry out and
execute the general powers hereinbefore or hereinafter
granted, although
not hereinbefore specifically enumerated.
(b) The board of directors of any
improvement district the boundaries
of which are located more than five miles from the
boundaries of any
incorporated city and Lake Wabaunsee improvement district
located in
Wabaunsee county also shall have the power to:
(1) Secure the general
health of the district by the adoption of res-
olutions to prevent, abate and remove nuisances. The secretary of
the
board of directors shall send a notice to the owner of the property
to
remove or abate such nuisance within a period of time not to exceed
10
days. If the owner fails to remove or abate the nuisance within the
time
specified the board may provide for the removal or abatement of
the
nuisance and provide for the assessment of the cost of abating or
remov-
ing such nuisance against the property upon which the same is
located or
maintained. Such assessments shall be certified by the secretary of
the
board of directors of the district to the county clerk of the
county in which
the property is located, to be placed upon the tax roll for
collection at the
same time and in the same manner as ad valorem property tax levies
are
collected and shall be subject to the same penalties and the same
pro-
cedure for collection as is prescribed by law for the collection of
such ad
valorem property taxes. Any unpaid costs assessed pursuant to this
sub-
section shall become a lien upon the property from the date of
assessment
thereof.
(2) (p) Secure
the health of the district by the adoption of resolutions
requiring the removal or destruction of grass, weeds or other
vegetation
from any lot or parcel of land located within the district. The
secretary
of the board of directors shall send notice to the owner of the
property
to remove the grass, weeds or vegetation within a period of time
not to
exceed 10 days. If the owner fails to remove the grass, weeds or
vegetation
within the time specified, the board may provide for the removal
thereof
and assess the cost of removal against the property on which the
same
was located. Such assessments shall be certified by the secretary
of the
board of directors of the district to the county clerk of the
county in which
the property is located, to be placed upon the tax roll for
collection at the
same time and in the same manner as ad valorem property tax levies
are
collected and shall be subject to the same penalties and the same
pro-
cedure for collection as is prescribed by law for the collection of
such ad
valorem property taxes. Any unpaid costs assessed pursuant to this
sub-
section shall become a lien upon the property from the date of
assessment
thereof.
(3) (q) Adopt
resolutions regulating and prohibiting the running at
large of domestic animals.
(4) (r) Adopt
resolutions for the preservation of the peace and order
of the district and to prevent injury, destruction or interference
with pub-
lic or private property.
(5) (s) Adopt
resolutions providing for the assessment of unpaid bills
or charges for utility services provided by the district against
the property
receiving the service. Such assessments shall be certified by the
secretary
of the board of directors of the district to the county clerk of
the county
in which the property is located, to be placed upon the tax roll
for col-
lection at the same time and in the same manner as ad valorem
property
tax levies are collected and shall be subject to the same penalties
and the
same procedure for collection as is prescribed by law for the
collection
of such ad valorem property taxes. Any unpaid costs assessed
pursuant to
this subsection shall become a lien upon the property from the date
of
assessment thereof.
(t) Take any other action necessary to
carry out and execute the gen-
eral powers granted by this section.
Sec. 5. K.S.A. 12-1922 is hereby
amended to read as follows: 12-
1922. When used in this act:
(a) ``City'' means any city in the state
of Kansas;
(b) ``School district'' means any unified
school district in the state of
Kansas;.
(c) ``Recreation system'' means any
system of public recreation and
playgrounds established pursuant to this act;
and.
(d) ``Taxing district'' means (1) the
area within the corporate limits of
a city in the case of a city-established recreation system; (2)
subject to the
provisions of section 6, and amendments thereto, the area
within the
boundary lines of a school district in the case of a school
district-estab-
lished recreation system; or (3) subject to the provisions of
section 6, and
amendments thereto, the area within the corporate limits of
a city or the
area within the boundary lines of a school district, whichever has
the
greater assessed valuation, in the case of a jointly established
recreation
system.
New Sec. 6. Unless the boundaries
of a taxing district are expanded
as provided by section 7, and amendments thereto, whenever a
school
district which has established a recreation system or which is part
of a
joint recreation system established under K.S.A. 12-1922 et
seq., and
amendments thereto, consolidates with another school district which
has
not established a recreation system or which is not a part of a
joint rec-
reation system, the ``taxing district'' of the recreation system
shall mean
the area of the taxing district as it existed on the day
immediately pre-
ceding the effective date of the consolidation of the school
districts.
New Sec. 7. (a) The provisions of
this section shall apply only to those
recreation systems with taxing districts as defined in section 6,
and
amendments thereto.
(b) Whenever a petition signed by at
least 5% of the qualified voters
of a school district of which only a portion is included within the
taxing
district of a recreation system is filed with the clerk thereof,
requesting
the governing body of the school district to extend the boundaries
of the
taxing district to be coterminous with the boundaries of the school
district,
the governing body of the school district shall submit the question
to the
qualified voters thereof. Such election shall be called and held in
the
manner provided by the general bond law, and the cost of the
election
shall be borne by such school district.
(c) The governing body of any school
district may initiate the exten-
sion of the boundaries of the taxing district to be coterminous
with the
boundaries of the school district by adopting a resolution
proposing to
extend the boundaries of the taxing district. The proposal shall be
sub-
mitted for approval by the voters of the school district, at an
election
called and held in the manner provided by the general bond law, and
the
cost of the election shall be borne by the school district.
(d) Upon approval of the proposition by a
majority of those voting on
it at the election, the governing body of the school district, by
appropriate
resolution, shall provide for the extension of the taxing district
to be co-
terminous with the boundaries of the school district.
(e) When used in this section,
``qualified voter'' means a registered
voter of a school district who is a resident of that portion of
such school
district which is not included in the taxing district of a
recreation system
following the consolidation of such school district with a school
district
which has established a recreation system or which is a part of a
joint
recreation system.
Sec. 8. K.S.A. 2001 Supp. 19-4004
is hereby amended to read as
follows: 19-4004. In all counties wherein the board or boards of
county
commissioners in the event of a combination of counties has
established
a governing board, the respective board or boards of county
commission-
ers may levy an annual tax upon all taxable tangible property in
such
county for mental health services and to pay a portion of the
principal
and interest on bonds issued under the authority of K.S.A. 12-1774,
and
amendments thereto, by cities located in the county. The respective
board
or boards of county commissioners may also levy an additional
annual tax
upon all taxable tangible property in such county for mental
retardation
services and to pay a portion of the principal and interest on
bonds issued
under the authority of K.S.A. 12-1774, and amendments thereto, by
cities
located in the county. The additional levy authorized by this
section for
mental retardation services shall not be made until a notice of
intent to
make such levy has been published in a newspaper of general
circulation
in the county or counties involved by the board or boards of county
com-
missioners proposing to make such levy, and such notice shall state
that
if a petition signed by 5% of the electors of the county shall file
a protest
petition within 60 days of the date of such publication a
proposition will
be submitted at an election called for the purpose in the county
for ap-
proval of the levy; if such proposition is approved or if no
sufficient protest
is made, then the board or boards of county commissioners shall
levy such
tax, but if a sufficient protest is made and such proposition is
not ap-
proved, the levy will not be made. The proceeds thereof shall be
placed
in the hands of the appropriate governing board to be administered
as
provided by this act.
In addition thereto, to provide for the
purchase of or the construction
of facilities for the community mental health center, and/or
facility for
the mentally retarded, the board or boards of county commissioners
may,
upon petition of the governing board, levy an annual tax on all
taxable
tangible property in their county and to issue and sell general
obligation
bonds of such county, for the purpose of creating and providing a
special
fund to be used in acquiring a site for, and the building,
equipping, re-
pairing, remodeling and furnishing of a community mental health
center,
and/or facilities for the mentally retarded, or for any one or more
of such
purposes. The additional levy authorized by this section shall not
be made
until a notice of intent to make such levy has been published in a
news-
paper of general circulation in the county or counties involved by
the
board or boards of county commissioners proposing to make such
levy,
and such notice shall state that if a petition signed by 5% of the
electors
of the county shall file a protest petition within 60 days of the
date of
such publication a proposition will be submitted at an election
called for
the purpose in the county for approval of the levy; if such
proposition is
approved or if no sufficient protest is made, then the board of
county
commissioners will make the levy of such tax, but if a sufficient
protest
is made and such proposition is not approved, the levy will not be
made.
The board of county commissioners shall proceed in the manner
pre-
scribed to be followed in such notice. The tax levy may be made
annually
until sufficient funds have been created for the purpose or
purposes, or
if the county has issued and sold general obligation bonds, the
proceeds
raised by the annual tax levy shall be used to retire the general
obligation
bonds and the tax levy shall continue until the general obligation
bonds
have been retired. Such federal, state or private funds as may be
available
may be accepted by the board of county commissioners to be placed
in
the fund for operation of or construction of a community mental
health
center, and/or facility for the mentally retarded, as the case may
be. Title
to the building or buildings of the community mental health center,
and/
or facility for the mentally retarded, shall vest in the governing
board
which is responsible for the maintenance and operation of the
facilities
if a combination of counties has established the center, but, if
only one
county has established the mental health center or facilities for
the men-
tally retarded, title shall vest in the board of county
commissioners of
such county. If the board of county commissioners has contracted
with a
nonprofit corporation to provide mental health services under
K.S.A. 19-
4007, and amendments thereto, the title to the building or
buildings shall
may, in the discretion of the board of county commissioners,
vest in the
board of county commissioners and they or the
nonprofit corporation
providing mental health services, and the board of county
commissioners
may allow the nonprofit corporation to use the buildings without
charge.
Sec. 9. K.S.A. 12-1922, 12-1926, 12-1927, 12-1928
and 12-1935 and
K.S.A. 2001 Supp. 19-2765 and 19-4004 are hereby repealed.
Sec. 10. This act shall take effect and be in
force from and after its
publication in the statute book.
Approved May 29, 2002.
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