24-133. Same; no-fund warrants, limitations.
24-133
24-133. Same; no-fund warrants,limitations.(a) Subject to the provisions of subsection (b), the governing body of anydrainage district may issue emergency no-fundwarrants of the drainage district to pay the costs and expenses resultingfrom an emergency within the district. An emergency within the district existsbyreason of current injuries to persons or property, or imminent dangerthereof, from floods or other injurious action of water in any watercoursewithinthe district. In case of an emergency, the governing body of the districtmay build new dikes and levees,and repair, expand and strengthen old ones, dig ditches, build jetties, ormake any other changes, alterations and additions in existing improvements.The governing body also may buildany other new structure or other improvement it deems necessary tosolve the problems created by the emergency.
The governing body shall levy a tax at the first tax levying period afterthe issuance to pay the emergency no-fund warrants and interest thereon.The levy shall be in addition to all other levies authorized or limitedby law. Emergency no-fund warrants shall be issued, registered, redeemedand bear interest in the manner and in the form prescribed by K.S.A.79-2940, andamendments thereto, except that such no-fund warrants shall be issuedwithout the approval of the state court of tax appeals andshall not bear the notation required thereby.
(b) Except as provided by subsection (c), the authorized and outstandingno-fund warrant indebtedness of any drainage district shall not exceed 5% ofthe assessed valuation of the drainage district.
(c) If the governing body of a drainage district determines itis necessary to issue no-fund warrants and the amount of such no-fund warrantstogether with any outstanding no-fund warrants exceed 5% of the assessedvaluation of the drainage district prior to issuing any suchno-fund warrants under the authority ofthissection, the governing body shall publish once in a newspaper of generalcirculation within the district a notice of the intentionof the governing body to issue such no-fund warrants. If within 60 days afterthepublication of such notice, a petition requesting an election on the questionof the issuance of the no-fund warrants signed by not less than 5% of theowners of land within the district is filed with thecounty election officer of the county in which the greater portion of thedistrict is located, the governing body shallsubmit the question of the issuance of such no-fund warrants at an electionheld under the provisions of the general bond law.
(d) For the purpose of this section, assessed valuation means the value ofall taxable tangible property within the drainage district as certified to thecounty clerk on the preceding August 25 which includes the assessed valuationof motor vehicles as provided by K.S.A. 10-310, and amendments thereto.
History: L. 1983, ch. 118, § 20;L. 1995, ch. 210, § 1;L. 2008, ch. 109, § 54; July 1.