68-559a. Roads and bridges, construction and reconstruction; tax levy, use of proceeds; extension of period for levy; protest petition and election.

68-559a

Chapter 68.--ROADS AND BRIDGES
PART I.--ROADS
Article 5.--COUNTY AND TOWNSHIP ROADS

      68-559a.   Roads and bridges, construction and reconstruction; tax levy,use of proceeds; extension of period for levy; protest petition and election.The board of county commissioners of any county is hereby authorized tomake an annual tax levy of not to exceed 2 mills upon all the taxabletangible property in the county for the purpose of constructionand reconstruction of county roads and bridges and to pay a portion of theprincipal and interest on bonds issued under the authority of K.S.A. 12-1774,and amendments thereto, by cities located in the county. The tax levy may bemade annually for a period not to exceed five years. The board of countycommissioners shall determine the amount necessary to be levied eachyear within the limitation prescribed by this section.The tax levies shall be in addition to all other tax leviesauthorized by law and shall be in addition to the aggregate limitprescribed by K.S.A. 79-1947, and amendments thereto. Such special road and bridgefund shall not besubject to the provisions of K.S.A. 79-2925 to 79-2941, both sectionsinclusive, and amendmentsthereto, exceptthat in making the budgets of such counties the amounts credited to andthe amount on hand in, such special road and bridge fund and the amountexpended therefrom shall be shown thereon for the information of thetaxpayers of such counties.

      In any county where the board of county commissioners has previouslyadopted the provisions of this section and at the conclusion of thefive-year period additional funds for road and bridge purposesare needed, the board of county commissioners may extend the provisionsof this section for an additional five years by adopting a resolutionwhich shall be published once each week for two consecutive weeks inthe official county newspaper, or if there is none, in a newspaper ofgeneral circulation therein. No such resolution shall take effect until90 days after its final publication. If within 90 daysof the final publication of such resolution, a petition signed by anumber of electors equal to not less than 5% of thenumber of electors who voted at the last preceding regular election insuch county is filed in the office of the clerk of such countydemanding that such resolution be submitted to a vote of the electors itshall not take effect until submitted to and approved by amajority of the electors voting thereon. Any election held hereundershall be noticed and held in the manner provided for general bondelections as set forth in K.S.A. 10-120, and amendmentsthereto. In the event that a resolution is submitted to a vote of theelectors under this section, and the resolution is rejected by the voters,the board of county commissioners shall not adopt another resolution underthis section to impose a tax levy of more than 1 mill sooner than 18 monthsafter such election of rejection.

      History:   L. 1945, ch. 275, § 1; L. 1971, ch. 221, § 1; L. 1979,ch. 52, § 164; L. 1983, ch. 228, § 1; July 1.