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12-1220. Same; election to establish; tax levy, use of proceeds; library fund established; territory of existing library excluded, when. The governing body of any municipality may by resolution, and shall, upon presentation of a petition signed by ten percent (10%) of the qualified electors of such municipality determined upon the basis of the total vote cast for the secretary of state at the last preceding general election, cause to be submitted to the voters of such municipality at the first local or general election thereafter, or if the petition so requires, at a special election called for that purpose, the question of the establishment and maintenance of a library by such municipality. If a majority of the votes cast at such election on such proposition shall be in the affirmative, the governing body shall forthwith establish such library and is hereby authorized to and shall annually levy a tax for the maintenance of such library in such sum as the library board shall determine within the limitations fixed by law and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.

Such tax shall be levied and collected in like manner as other taxes of the municipality and, except for an amount to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, shall be kept in a separate fund to be known as the library fund of such municipality. If the territory of the municipality includes another municipality which is then maintaining a library, the proposition to establish a library by the larger municipality shall not be voted upon by the residents of the included municipality, nor shall a levy to establish or maintain such library be assessed against property therein, unless the library board and governing body of the included municipality shall give notice in writing that they desire to participate in the library to be established and to pay the tax for the establishment and maintenance thereof as other parts of the municipality establishing such library.

History: L. 1951, ch. 485, § 3; L. 1979, ch. 52, § 40; July 1.

Attorney General's Opinions:

Employee benefits contribution fund and tax levy. 82-136.

Annual tax levy for maintenance of public library. 82-193.

Authority to hold non-binding advisory city elections. 83-177.

Libraries; tax levy. 86-36.

Employee benefits contribution fund; public libraries. 89-50.

Cities' home rule powers; limitations on certain tax levies in cities between 60,000 and 130,000. 91-159.

Libraries; use of tax levy proceeds. 92-47.

County levies for maintenance of library to be deposited in separate fund; fund defined. 97-35.

Regional library held to be a political subdivision for purposes of K.S.A. 12-16,102. 1998-39.

Libraries and library systems; taxing subdivision; removal of fund levy limitations; affect on taxing authority. 1999-27.

Suspension of statutory fund mill levy rate increases as applicable to recreation commissions. 2002-44.


1. Cited; uniform and equal rates for intangibles tax (K.S.A. 12-1,101) only required within taxing district. Cogswell v. Sherman County, 238 Kan. 438, 443, 444, 710 P.2d 1331 (1985).

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