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12-1617h. Securing industries in or near cities; tax levy, use of proceeds; election required; resubmission, when; use of general fund or other revenue sources. Cities are hereby authorized to levy annually upon all the taxable tangible property within the city a tax for the purpose of creating a fund to be used in securing or retaining industries or manufacturing institutions for such city or near its environs and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto. No such levy shall be made until the governing body is instructed to do so by a majority of all the votes cast on this proposition at an election held at any city or general election.

Such election shall be held as provided by law for bond elections. If any such city shall not make such tax levy in any year, after the third year following the approval of such tax levy by the voters, then it shall be necessary to resubmit the issue to the voters before any such tax levy shall be imposed again.

Nothing in this section shall be construed as restricting the authority of cities to utilize the general fund or other revenue sources for the purpose of promoting or securing the location or expansion of business and industry.

History: L. 1923, ch. 90, § 1; R.S. 1923, § 13-1441; L. 1925, ch. 105, § 1; L. 1939, ch. 109, § 1; L. 1955, ch. 102, § 1; L. 1961, ch. 91, § 1; L. 1970, ch. 69, § 15; L. 1972, ch. 89, § 3; L. 1979, ch. 52, § 45; L. 1988, ch. 75, § 1; L. 1999, ch. 154, § 32; May 27.

Cross References to Related Sections:

Revenue bonds for certain facilities and sites, see 12-1740 through 12-1749.

Certain promotion funds, see 12-825d, 12-825g.

Law Review and Bar Journal References:

A city which has collected tax money hereunder may not entrust those funds to an independent industrial corporation for the purchasing of industrial sites, 31 J.B.A.K. 2 (1962) [citing a 1962 opinion of the attorney general].

Attorney General's Opinions:

City may not use industrial funds to pay legal fees incurred by citizens group challenging a school closing. 81-220.

Purposes for which moneys in city's industrial fund may be used. 81-228.

Use of moneys in city's industrial fund. 82-264.

Use of industrial development funds for nuisance abatement. 2001-10.


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