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72-5457. General obligation bonds; purpose for issuance; when election required; contest of validity; limitations; temporary notes, tax levy. (a) The board of education of a school district is authorized to select any site or sites necessary for school district purposes. When a board determines that it is necessary to purchase or improve a site or sites, or to acquire, construct, equip, furnish, repair, remodel or make additions to any building or buildings used for school district purposes, including housing and boarding pupils enrolled in an area vocational school operated under the board, or to purchase school buses, the board may submit to the electors of the unified district the question of issuing general obligation bonds for one or more of the above purposes, and upon the affirmative vote of the majority of those voting thereon, the board shall be authorized to issue the bonds. The board shall adopt a resolution stating the purpose for which bonds are to be issued and the estimated amount thereof. The board shall give notice of the bond election in the manner prescribed in K.S.A. 10-120, and amendments thereto, and the election shall be held in accordance with the provisions of the general bond law. No action shall be brought in any court to contest the validity of any election held under this subsection, nor to contest any of the proceedings preliminary thereto, except within 90 days immediately following certification of the results of the election. The aggregate amount of bonds of a board outstanding at any time, exclusive of bonds specifically exempted from statutory debt limitations, shall be limited to 14% of the assessed valuation of taxable tangible property within the school district, except that such limitation may be modified as provided in article 54 of chapter 72 of [the] Kansas Statutes Annotated. The bonded debt limitation prescribed by amendment of this subsection shall not be applied in any manner so as to affect the validity of any bonds of a board which are outstanding on the effective date of this act.

(b) Any board of education may issue, without an election but with the approval of the state board of education, bonds to construct or acquire buildings to be used for school district purposes, including housing and boarding pupils enrolled in an area vocational school operated under the board, to repair school district buildings, to acquire equipment, or to purchase school buses, in an amount not to exceed $20,000. Bonds issued without an election under this subsection shall not be subject to any bonded debt limitations nor shall the bonds be considered in determining the bonded indebtedness of any school district, and the total amount of bonds outstanding which are issued hereunder without an election shall not at any one time exceed $20,000.

(c) In lieu of bonds, temporary notes may be issued under K.S.A. 10-123, and amendments thereto, and the notes may be retired, at the option of the board of education, by tax levies made under K.S.A. 10-113, and amendments thereto.

(d) To the extent that the provisions of any other law pertaining to the determination of limitations on bonded debt of school districts conflict with the provisions of this section, the provisions of this section shall control.

History: L. 1963, ch. 393, § 28; L. 1969, ch. 335, § 1; L. 1971, ch. 234, § 1; L. 1980, ch. 221, § 1; L. 1981, ch. 286, § 1; L. 1991, ch. 227, § 1; L. 1993, ch. 39, § 1; July 1.

Source or Prior Law:

72-6761.

Attorney General's Opinions:

Refunding bonds; conditions and limitations; refinancing construction accounts. 86-112.

General powers of boards of education; financial advisors; legal services. 93-27.

Boards of education; authority to pave and maintain roads. 93-146.

Boards of education; power to provide home computers for board members; definition of meeting; electronic mail as interactive communication. 95-13.

Community building constructed and managed by unified school district and city; application of debt limit to bonds issued by school district. 1999-31.

Notice requirements for special bond election. 2003-22.

CASE ANNOTATIONS

1. K.S.A. 1965 Supp. 72-67,114(f) (now repealed) fixes notice of bond election hereunder. Masheter v. Vining, 198 Kan.691, 692, 694, 426 P.2d 149.

2. Consent to close attendance facility under K.S.A. 72-6756 no prerequisite to issuance of bonds hereunder. Masheter v. Vining, 198 Kan.691, 692, 694, 426 P.2d 149.

3. Election proposition did not sufficiently inform electorate of use of bond proceeds in connection with other funds. Unified School District v. Hedrick, 203 Kan.478, 480, 481, 482, 487, 488, 454 P.2d 536.

4. Notice of election held hereunder valid. West v. Unified School District, 204 Kan.29, 30, 32, 33, 460 P.2d 103.

5. Cited; special bond election held and bonds authorized. Baker v. Unified School District, 206 Kan.581, 583, 480 P.2d 409.

6. Resolution requirement substantially fulfilled by adoption of two separate resolutions; nature and purpose discussed. Kimsey v. Board of Education, 211 Kan.618, 620, 622, 507 P.2d 180.


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