68-1138. Same; application by county; conditions; application of tax levy revenues; approval of loan or advance; warrants; use of moneys.

68-1138

Chapter 68.--ROADS AND BRIDGES
PART II.--BRIDGES
Article 11.--GENERAL PROVISIONS

      68-1138.   Same; application by county; conditions; application oftax levy revenues; approval of loan or advance; warrants; use of moneys.Any county desiring to obtain a loan or advance shall make anapplication therefor to the secretary of transportation. Saidapplication shall be filed in the secretary's office and shall be insuch form as said secretary shall prescribe and shall be signed by atleast two (2) members of the board of county commissioners and attestedby the county clerk of the county making the application. Saidapplication shall contain a provision whereby the board of countycommissioners shall agree on behalf of the county to repay any loan oradvance made thereunder by annually levying the maximum tax levyauthorized by K.S.A. 68-1135 as long as it shall be necessary in orderto repay in full the loan or advance and that the proceeds of such taxlevy will be remitted by the county treasurer to the secretary oftransportation: Provided, That if prior to the making of suchapplication, such county shall have commenced the making of tax leviesunder K.S.A. 68-1135 for the purpose of building or reconstructinganother bridge and constructing the approaches thereto, the fundsderived from such tax levies first shall be applied to paying the costof building or reconstructing such other bridge and constructing theapproaches thereto, and when said cost has been paid the funds derivedfrom subsequent tax levies shall be applied to the payment of the loanor advance as agreed to between the county and the secretary oftransportation.

      Said secretary shall examine the application and if the secretaryshall find that it is in proper form and: (a) That the bridge to bebuilt or reconstructed is one located as described in K.S.A.68-1137; and (b) that the amount to be expended for the building orreconstruction of the bridge and the construction of approaches theretois reasonable, it shall make the loan or advance by issuing its voucheragainst the highway fund and in favor of the county making theapplication for the amount of the loan or advance applied for. Thewarrant issued upon said voucher shall be forwarded to the countytreasurer of the county making the application. Upon receipt of suchwarrant, the county treasurer shall place the same in a special fund tobe used only for the building or reconstruction of the bridge for whichthe loan or advance was made and the construction of the approachesthereto. Any moneys received by a loan or advance under the provisionsof this act in any budget year may be expended during such budget yeareven though such expenditure was not included in the budget for thatyear.

      History:   L. 1963, ch. 339, § 2; L. 1975, ch. 427,§ 152; Aug. 15.