24-133. Same; no-fund warrants, limitations. (a) Subject to the provisions of subsection (b), the governing body of any drainage district may issue emergency no-fund warrants of the drainage district to pay the costs and expenses resulting from an emergency within the district. An emergency within the district exists by reason of current injuries to persons or property, or imminent danger thereof, from floods or other injurious action of water in any watercourse within the district. In case of an emergency, the governing body of the district may build new dikes and levees, and repair, expand and strengthen old ones, dig ditches, build jetties, or make any other changes, alterations and additions in existing improvements. The governing body also may build any other new structure or other improvement it deems necessary to solve the problems created by the emergency.
The governing body shall levy a tax at the first tax levying period after the issuance to pay the emergency no-fund warrants and interest thereon. The levy shall be in addition to all other levies authorized or limited by law. Emergency no-fund warrants shall be issued, registered, redeemed and bear interest in the manner and in the form prescribed by K.S.A. 79-2940, and amendments thereto, except that such no-fund warrants shall be issued without the approval of the state board of tax appeals and shall not bear the notation required thereby.
(b) Except as provided by subsection (c), the authorized and outstanding no-fund warrant indebtedness of any drainage district shall not exceed 5% of the assessed valuation of the drainage district.
(c) If the governing body of a drainage district determines it is necessary to issue no-fund warrants and the amount of such no-fund warrants together with any outstanding no-fund warrants exceed 5% of the assessed valuation of the drainage district prior to issuing any such no-fund warrants under the authority of this section, the governing body shall publish once in a newspaper of general circulation within the district a notice of the intention of the governing body to issue such no-fund warrants. If within 60 days after the publication of such notice, a petition requesting an election on the question of the issuance of the no-fund warrants signed by not less than 5% of the owners of land within the district is filed with the county election officer of the county in which the greater portion of the district is located, the governing body shall submit the question of the issuance of such no-fund warrants at an election held under the provisions of the general bond law.
(d) For the purpose of this section, assessed valuation means the value of all taxable tangible property within the drainage district as certified to the county clerk on the preceding August 25 which includes the assessed valuation of motor vehicles as provided by K.S.A. 10-310, and amendments thereto.
History: L. 1983, ch. 118, § 20; L. 1995, ch. 210, § 1; L. 2008, ch. 109, § 54; L. 2014, ch. 141, § 48; July 1.
Structure Kansas Statutes
Chapter 24 - Drainage And Levees
Article 1 - General Provisions
24-101a Definition of terms; act inapplicable to certain drainage districts.
24-102 Suits by state to recover lands wrongfully reclaimed from streams.
24-103 Same; drainage district may use land recovered.
24-109 Same; warrants and assessments.
24-113 Same; consent of foreign municipality to service of process.
24-114 Same; answer day; service and return of process; costs.
24-115 Depositories for funds of county treasurer belonging to drainage district; no interest.
24-117 Completion of drainage-district work in counties between 90,000 and 135,000; resolution.
24-119 Same; powers transferred to county; district not dissolved.
24-120 Same; duties of county engineer and county attorney; superintendent, salary.
24-121 Same; general maintenance fund; tax levies; redemption of bonds.
24-122 Same; petition for return of powers to directors; election; transfer of funds.
24-124 Powers under 24-117 to 24-122 extended; additional powers.
24-125 Same; gifts; purchases; eminent domain.
24-127 Transfer of territory from one drainage district to another, when.
24-128 Same; petition; contents.
24-129 Same; notice and hearing.
24-130 Same; findings by county commissioners; transfer of territory or rejection of petition.
24-131 Same; existing indebtedness at time of transfer.
24-133 Same; no-fund warrants, limitations.
24-135 Officers and employees; salary and expenses.
24-136 Special emergency fund; transfer of surplus money.
24-137 Consolidation of districts; procedure; petition; election.
24-138 Annexation of land; Finney county; procedure.
24-139a Finney county drainage district; directors, election, terms.
24-140 Transfer of territory; definitions.