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10-119. Changing territory or disorganization of municipality; liability; tax levies. Whenever a part of the territory of any municipality has been detached and attached to some other municipality, or whenever any municipality has been disorganized according to law and the territory attached to or included in some other municipality or municipalities, such territory shall be liable for the payment of all bonds issued or other indebtedness incurred by such municipality before such detachment or disorganization, and the proper taxing officers of the municipality to which such territory is attached shall levy such taxes upon such attached territory as are necessary to pay its proper proportion of the interest and principal of such bonds or other indebtedness as aforesaid, and such officers may be compelled by mandamus at the instance of the holders of such bonds or other indebtedness to levy such tax.

History: R.S. 1923, § 10-119; L. 1963, ch. 393, § 32; May 15.

Source or prior law:

See "Revisor's Note" under 10-101.

Cross References to Related Sections:

See 10-1002, 10-1003, 10-1008.

Attorney General's Opinions:

Exercise of home rule authority through ordinance; effect of resolution. 83-64.

General bond law; municipal liability. 91-125.

CASE ANNOTATIONS

1. Territory of a district liable for its share of bond issue even if later detached. Pessemier v. Plummer, 135 Kan. 429, 431, 10 P.2d 887.

2. Section not applicable when entirely new district created. Baker v. Consolidated Rural H.S. Dist., 143 Kan. 695, 696, 56 P.2d 109.

3. Owners in detached territory not proper parties to enjoin bond issue. Pool v. Holt, 180 Kan. 291, 294, 303 P.2d 186.

4. The word "issued" construed. Pool v. Holt, 180 Kan. 291, 292, 303 P.2d 186.

5. Cited; detachment of territory held not to render issuance of bonds inequitable. Williams v. Holt, 180 Kan. 308, 311, 303 P.2d 208.

6. Mentioned; K.S.A. 72-5316a determines rights between school districts affected by city annexation. Williams v. Board of Education, 198 Kan. 115, 123, 124, 422 P.2d 874.

7. Mentioned in approving "equitable payment" by school district under K.S.A. 72-6776. Unified School District No. 255 v. Unified School District No. 254, 204 Kan. 282, 284, 463 P.2d 499.

8. Applied; joint recreation commission dissolved under K.S.A. 12-1912; city legal successor; substituted in litigation. Flanigan v. Leavenworth Recreation Commission, 219 Kan. 710, 716, 549 P.2d 1007.


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