10-108d. Nonlitigation certificate, exception; payment of bonds if city not legally organized. (a) Notwithstanding any controversy, litigation or other proceeding disputing the legal organization of any city incorporated pursuant to K.S.A. 15-115, et seq., and amendments thereto, the governing body of the city may issue general obligation bonds of the city pursuant to the authority of any appropriate statute without executing a nonlitigation certificate required by K.S.A. 10-108a, and amendments thereto. Any bonds authorized to be issued hereunder shall be a general obligation of the property located within the city as it existed on the date the bonds are delivered to the purchaser, and except as provided by this subsection shall be authorized, issued, registered and sold in the manner provided by the general bond law and shall bear interest at a rate not to exceed the maximum prescribed by K.S.A. 10-1009, and amendments thereto.
(b) If it is finally determined by a court of competent jurisdiction that the city was not legally organized, the property located within the city on the date any general obligation bonds were delivered to the purchaser shall remain liable for the payment of the interest on and the principal amount of the bonds issued by the city in accordance with their terms and shall continue to be subject to the levy of special assessments, if any, and be taxed, if necessary, for the payment of the bonds and the interest thereon. Any special assessments levied by the city shall continue to constitute a lien on the property assessed. The county clerk shall annually levy a tax or collect the necessary amount to pay any special assessment levied against the property as required by the statute under which the general obligation bonds were authorized.
History: L. 1982, ch. 53, § 1; L. 1984, ch. 52, § 1; February 16.
Structure Kansas Statutes
Chapter 10 - Bonds And Warrants
10-101 "Municipality" defined.
10-102 "Municipal bonds" defined.
10-103 Terms and denominations of municipal bonds.
10-104 Limitations on improvement bonds; partial issuance, when.
10-106 Sale of bonds; public sale, requirements; when; notice; bids.
10-108a Nonlitigation certificate; incorporation in transcript; form.
10-108b Same; notice of pending or threatened lawsuit, effect.
10-108c Same; municipality prevailing in lawsuit authorized to issue bonds unless stay granted.
10-108d Nonlitigation certificate, exception; payment of bonds if city not legally organized.
10-109 Filing statement of issuance with state treasurer.
10-112 Bonds required to be printed; recitals.
10-113 Levies for sinking fund; penalty for failure to make.
10-114 Special assessments for city improvements; apportionment; ordinance.
10-115 Payment of special assessments.
10-117 Unlawful issue, diversion or misuse of bond proceeds or tax funds; penalties.
10-117a Transfer of unexpended balance in bond and interest fund.
10-118 Sinking fund levy to pay bonds maturing at same time.
10-118a Diversion of interest and sinking funds for refunding bonds; penalties.
10-118b Diversion not basis of tax protest.
10-119 Changing territory or disorganization of municipality; liability; tax levies.
10-120 Bond election; publication of notice.
10-120a Bond election; notice requirements.
10-121 Elections for acquisition of land.
10-122 Investment of sinking fund.
10-123 Temporary notes for improvements; issuance; renewal, when.
10-124 Interest coupons receivable for taxes.
10-125 Bonds covered by 10-101 to 10-125.
10-126 Printing of coupons; size and form.
10-127 Same; refusal by state treasurer to register.
10-128 "Municipality" defined.
10-130a Failure of state treasurer to pay certain funds or moneys as provided by law; penalty.
10-132 Used surplus proceeds of certain bond issues to purchase bonds.