71-501. Tax levy; authorization; purposes; conditions; protest; election; additional levy; renewal procedures; definition.
71-501
71-501. Tax levy; authorization; purposes; conditions; protest;election; additional levy; renewal procedures; definition.(a) The board of trustees of any community college isauthorized to make an annual tax levy for a period of not to exceed fiveyears of not to exceed two mills upon all taxable tangibleproperty in the community college district for the purpose ofconstruction, reconstruction, repair, remodeling, additions to,furnishing and equipping of community college buildings,architectural expensesincidental thereto, and the acquisition of real property for use asbuilding sites or for educational programs. No levy shall be made underthis section until a resolution authorizing the levy is passed by theboard of trustees and published once each week for three consecutiveweeks in a newspaper having general circulation in the communitycollege district. The resolution shall specify the mill rate ofthe tax levy and the period of time for which thetax levy shall bemade under authority thereof. After adoption of theresolution, thelevy may be made unless, within 60 days following the lastpublication of the resolution, a petition in opposition to the levy,signed by not less than 5% of the qualified electors ofthe community college district, is filed with the countyelection officer of the county in which the main campus of the communitycollege is located. If a petition is filed, thelevy shall not be made without the question of levying the same havingbeen submitted to and approved by a majority of the qualifiedelectors of the district voting at an election called for that purposeor at the next general election. If a petition is filedand no election is held, a new resolution authorizing a levyfor the purposes specified in this section may notbe adopted for a period of one year after the filingof thepetition.
(b) Whenever an initial resolution has been adopted under subsection(a) and the resolution specified a lesser mill rate than two mills, theboard of trustees of the community college may adopt a second resolutionunder the same procedure as is provided in subsection (a) for the initialresolution and, subject to the same conditions and for the same purposes asprovided in subsection (a), shall be authorized to make an additional taxlevy in an amount to be specified in the second resolution for the remainderof the period of time specified in the initial resolution for the making ofthe levy under authority thereof. Any second resolution shall be limitedin amount as specified in subsection (a), less such amount as wasauthorized in the initial resolution, and not to exceed an aggregate amountof two mills in any one year. If any such resolution is adopted and thetax levy therein specified is authorized under the conditions specified insubsection (a), the amount of bonds which may be issued under K.S.A.71-502, and amendments thereto, may be increased accordingly.
(c) The board of trustees of any community college which has made atax levy under this section may initiate, at any time after the final levyis certified to the county clerk under any current authorization,procedures to renew its authority to make a like annual tax levy in theamount, upon the conditions, and in the manner specified in subsection (a).
(d) As used in this act, "unconditionally authorized to make atax levy under authority of article 5 of chapter 71 of Kansas StatutesAnnotated" means that the board of trustees of the communitycollege has adopted a resolution under this section, haspublished the same, and either that such resolution was not protested orthat it was protested and an election was held by which the taxlevy of the community college was approved.
History: L. 1968, ch. 211, § 1; L. 1977, ch. 231, § 1; L.1977, ch. 232, § 1; L. 1979, ch. 215, § 1; L. 1980, ch. 207, § 24;L. 1986, ch. 257, § 1; L. 1986, ch. 258, § 1; May 15.