Printable Format10-120. Bond election; publication of notice. (a) Whenever an election is required for the issuance of bonds for any purpose by any municipality other than an irrigation district or where a different procedure for giving notice of the election is specifically provided by law, upon compliance with the legal requirements necessary and precedent to the call for the election, the proper municipal officers shall call an election. The election shall be held within 60 days after compliance with the necessary requirements, or within 90 days, should the longer period include the date of a general election.
(b) Notice of the election shall be published in a newspaper of general circulation in the municipality once each week for two consecutive weeks. The first publication shall be not less than 21 days prior to the election. Notice of the election shall also be published on the website of the county election office of any county where the election is to be conducted. Such notice shall be published not less than 21 days prior to the election and shall remain on the website until the day after the election. The notice shall set forth the time and place of holding the election and the purpose for which the bonds are to be issued and shall be signed by the county election officer. The election shall be held at the usual place of holding elections and shall be conducted by the officers or persons provided by law for holding elections in the municipality.
History: R.S. 1923, § 10-120; L. 1976, ch. 61, § 1; L. 1978, ch. 48, § 1; L. 1981, ch. 166, § 1; L. 1981, ch. 173, § 4; L. 1983, ch. 50, § 1; L. 1983, ch. 118, § 1; L. 1983, ch. 51, § 1; L. 2023, ch. 79, § 7; July 1.
Source or prior law:
See "Revisor's Note" under 10-101.
Law Review and Bar Journal References:
Rules of statutory construction, Grant M. Glenn, 47 J.B.A.K. 29, 35 (1978).
Attorney General's Opinions:
Procedure for adoption of city and county retailers' sales taxes. 82-29.
Effect of election on certification of budget and levy amount. 82-188.
Use of surplus bond proceeds. 83-62.
Refinancing construction accounts. 86-112.
Suffrage; qualifications of electors. 87-72.
Minors' detention camps or homes for two or more counties; tax levy; resolution protest petition and election; election time. 93-71.
Legal publications of unified school districts; newspaper of general circulation. 97-74.
Procedures for imposition of countywide and city retailers' sales tax. 2000-16.
Notice requirements for special bond election. 2003-22.
CASE ANNOTATIONS
1. Instruction should be printed after each bond proposition. Thomas v. Covell, 119 Kan. 684, 688, 240 P. 574.
2. Notice calling election need not be first published on Wednesday or Thursday. Pittsburg Board of Education v. Davis, 120 Kan. 768, 771, 245 P. 112.
3. Notice of special bond election held to comply with statute. City of Aurora v. French, 126 Kan. 393, 268 P. 93.
4. School bond election; notice misleading; proposition misstated on ballot; election vitiated. Board of Education v. Powers, 142 Kan. 664, 666, 51 P.2d 421.
5. Proposition not being clearly stated vitiates the election. Kansas Electric Power Co. v. City of Eureka, 142 Kan. 117, 122, 45 P.2d 877.
6. Notice signed only by mayor and city clerk; election not vitiated. Kansas Power Co. v. City of Washington, 145 Kan. 962, 969, 67 P.2d 1095.
7. Dual proposition in bond election; issuance of bonds enjoined. Kansas Utilities Co. v. City of Paola, 148 Kan. 267, 270, 271, 80 P.2d 1084.
8. Provisions relating to notice mandatory; defective notice held validated by legislature. City of Wichita v. Robb, 163 Kan. 121, 122, 124, 179 P.2d 937.
9. Municipal bond ballot not in conformity with statute held sufficient. Jaeger v. City of Hillsboro, 164 Kan. 533, 538, 190 P.2d 420.
10. Bond election notice and bond ballot held in compliance herewith. City of Coffeyville v. Robb, 165 Kan. 219, 225, 194 P.2d 475.
11. Ordinance, notice of election and ballot must show statute under which bond election held. Eastern Kansas Utilities, Inc. v. City of Paola, 165 Kan. 558, 567, 196 P.2d 199.
12. Act inapplicable to rural high-school bond election. Baugh v. Rural High School District, 185 Kan. 123, 129, 340 P.2d 891.
13. Election notice signed by mayor and city clerk only, sufficient; purpose of bond issue sufficiently stated. Western Missouri Power Co. v. City of Washington, 80 F.2d 420, 421.
14. Notice of bond election under K.S.A. 72-6761 determined by K.S.A. 72-67,114(f). Masheter v. Vining, 198 Kan. 691, 692, 693, 426 P.2d 149.
15. Discussed in holding election proposition on school bonds did not sufficiently inform electorate of bond proceeds use. Unified School District v. Hedrick, 203 Kan. 478, 481, 482, 483, 454 P.2d 536.
16. Referred to in construing K.S.A. 19-1878; section authorized additional construction and equipment financing only. Thomas County Taxpayers Ass'n v. Finney, 223 Kan. 434, 437, 573 P.2d 1073.
17. Cited; criteria to meet requirements as city of second class (K.S.A. 14-101) to avoid bonded indebtedness limits (K.S.A. 12-635 et seq.) without public vote examined. Bockhaus v. City of Halstead, 242 Kan. 504, 505, 748 P.2d 870 (1988).