68-5,103. Road improvements in counties over 300,000; bonds; election; limitation.
68-5,103
68-5,103. Road improvements in counties over 300,000; bonds; election; limitation.When the board of county commissioners of any county having a populationof more than 300,000 determines it is necessary to make improvements onany existing roads or highways in the county or any streets in any citywithin the county and sufficient funds are not available for the improvements,the board may issue general obligation bonds of the county to pay the costof the improvements. Prior to issuing any bonds, the board shall adopta resolution which: (1) States the necessity for the improvements; (2) designatesthe streets or highways to be improved; (3) describes the improvements tobe made; and (4) states the estimated cost of the improvements and the amountof general obligation bonds to be issued to pay the cost. The resolutionshall be published once each week for two consecutive weeks in a newspaperof general circulation within the county.
No bonds shall be issued if, within 90 days of the second publication,a petition signed by registered voters of the county equal in number tonot less than 3% of the votes cast in the county for the office of governorat the last general election at which a governor was elected is filed withthe county clerk requesting the question of the issuance of the bonds besubmitted to and approved by the qualified electors of the county. If asufficient petition is filed, the county election officer shall call andhold a special election on the question in the manner provided under thegeneral bond law.
If a sufficient petition is not filed within the prescribed time or ifa special election is called and held and a majority of the votes cast onthe question submitted is in favor of the issuance, the board of countycommissioners may issue the general obligation bonds in the amount specifiedin the resolution. The bonds shall be authorized, issued, registered andsold in the manner prescribed by the general bond law and shall bear interestat a rate not to exceed the maximum rate prescribed by K.S.A. 10-1009 andamendments thereto. General obligation bonds issued by any county underthe authority of this section shall not be subject to any limitation onthe bonded indebtedness of the county. The aggregate principal amount ofbonds issued by any county in any fiscal year under this section shall notexceed .5% of the taxable tangible assessed valuation of the county or$1,000,000, whichever is greater.
For the purpose of this section, the term "improvements" means construction,reconstruction, maintenance or repair [of] any street or highway.
History: L. 1983, ch. 229, § 1; July 1.