Session of 1999
         
HOUSE BILL No. 2569
         
By Committee on Taxation
         
3-24
         
  9             AN  ACT concerning municipalities; relating to recreation systems and
10             districts; amending K.S.A. 12-1929 and 12-1932 and repealing the ex-
11             isting sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 12-1929 is hereby amended to read as follows: 12-
15       1929. (a) Whenever the governing body of any city which has established
16       a recreation system deems it advisable to combine the operation and
17       administration of its park system and its recreation system, it shall publish
18       a notice of its intention resolution of intent to combine the two systems
19       and establish a single department. Such notice resolution shall be pub-
20       lished once each week for two consecutive weeks in the official city news-
21       paper and if within 30 days after the last publication of the notice reso-
22       lution, a petition signed by at least 5% of the qualified voters of the city
23       requesting an election upon such question, an election shall be called and
24       held thereon. Such election shall be called and held in the manner pro-
25       vided by the general bond law, and the cost of the election shall be borne
26       by the city. If no protest or no sufficient protest is filed or if an election
27       is held and the proposition carries by a majority of those voting thereon,
28       the governing body, by ordinance, may provide for the combining of its
29       park system and its recreation system and the establishment of a com-
30       bined park and recreation department. All property under the control or
31       jurisdiction of either of such systems, upon the combination of the same,
32       shall be transferred to such department which shall administer the city's
33       park and recreation system. The governing body shall provide by ordi-
34       nance for such officers and employees which may be necessary for the
35       proper operation of the department who shall be appointed or employed
36       in the manner provided for other officers and employees of the city.
37             (b) Whenever the governing body of a city in which a recreation
38       system which was established by a school district or by a school district
39       and city acting jointly, wishes to combine the city park system with the
40       recreation system into a single city park and recreation department, the
41       governing bodies of both, if they agree to such combination, jointly shall
42       publish notice of the intention adopt a resolution of intent to combine
43       the two systems into a single city department of parks and recreation.

HB 2569

2

  1       Such notice resolution shall specify whether the tax levied pursuant to
  2       K.S.A. 12-1932, and amendments thereto, shall be levied upon all taxable
  3       tangible property in the city or school district. Such resolution shall be
  4       published once each week for two consecutive weeks in the official city
  5       newspaper and if within 30 days after the last publication of a petition
  6       signed by at least 5% of the qualified voters of the city requesting an
  7       election upon such question, an election shall be called and held thereon.
  8       Such election shall be called and held in the manner provided by the
  9       general bond law, and the cost of the election shall be borne equally by
10       the city and the school district. If no protest or no sufficient protest is
11       filed or if an election is held and the proposition carries by a majority of
12       those voting thereon, the governing body, by ordinance, may provide for
13       the combining of its park system and its recreation system and the estab-
14       lishment of a combined park and recreation department. All property
15       under the control or jurisdiction of either of such systems, upon the com-
16       bination of the same, shall be transferred to the department which shall
17       administer the city's park and public recreation system. The governing
18       body shall provide by ordinance for such officers and employees which
19       may be necessary for the proper operation of the department who shall
20       be appointed or employed in the manner provided for other officers and
21       employees of the city.
22             Sec.  2. K.S.A. 12-1932 is hereby amended to read as follows: 12-
23       1932. Upon the establishment of a combined park and recreation de-
24       partment, the current operating fund of or budgeted for the two systems
25       shall be transferred to the credit of the combined park and recreation
26       department but shall be maintained in two individual funds which shall
27       be used for the purpose for which levied. Thereafter, levies made for the
28       purpose of financing the operation of the park and recreation department
29       and to pay a portion of the principal and interest on bonds issued by such
30       city under the authority of K.S.A. 12-1774, and amendments thereto, shall
31       be made annually upon all taxable tangible property in the city or the
32       school district as provided by the resolution adopted pursuant to K.S.A.
33       12-1929, and amendments thereto. 
34       Sec.  3. K.S.A. 12-1929 and 12-1932 are hereby repealed.
35         Sec.  4. This act shall take effect and be in force from and after its
36       publication in the statute book.