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chapter-13•Chapter 13 — Cities of the First Class
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
Whenever it shall have been duly ascertained by any census of enumeration taken under any law of the United States or of the state of Kansas or by any city that any city has attained a population of more than fifteen thousand (15,000), such fact shall thereupon, by the governing body of such city, be certified to the governor of the state, who shall thereupon by public proclamation declare such city to be a city of the first class. If the governing body of any city which has attained a population of more than fifteen thousand (15,000) and less than twenty-five thousand (25,000) shall determine by resolution duly adopted that it would be more advantageous for such city to continue to operate as a city of the second class, such governing body shall not be required to so certify the population of such city to the governor and the laws relating to cities of the second class shall continue to be applicable to such city.
The change in classification of any city under the provisions of this section shall take effect on the date the proclamation of the governor is issued unless a later date is specified therein, in which case the change and classification shall take place on such later date. The governing body of any such city, holding office at the time of the proclamation, shall continue to be the governing body of such city and the members of such body shall hold their respective offices until the next city election in an odd-numbered year.
History: L. 1903, ch. 122, § 1; R.S. 1923, § 13-101; L. 1953, ch. 77, § 1; L. 1968, ch. 274, § 17; April 30.
History: L. 1921, ch. 126, § 1; R.S. 1923, § 13-102; Repealed, L. 1974, ch. 69, § 2; July 1.
All cities of the first class shall be governed by the provisions of this act.
History: L. 1903, ch. 122, § 2; March 18; R.S. 1923, § 13-103.
History: L. 1903, ch. 122, § 8; R.S. 1923, § 13-201; Repealed, L. 1957, ch. 86, § 3; June 29.
History: L. 1903, ch. 122, § 9; R.S. 1923, § 13-202; Repealed, L. 1974, ch. 56, § 7; March 28.
History: L. 1913, ch. 104, § 1; R.S. 1923, § 13-203; Repealed, L. 1973, ch. 70, § 1; July 1.
History: L. 1915, ch. 134, § 1; R.S. 1923, § 13-204; Repealed, L. 1973, ch. 70, § 1; July 1.
History: L. 1903, ch. 122, § 10; R.S. 1923, § 13-205; L. 1975, ch. 78, § 1; Repealed, L. 1998, ch. 7, § 1; July 1.
History: L. 1903, ch. 122, § 11; R.S. 1923, § 13-206; Repealed, L. 1998, ch. 7, § 1; July 1.
History: L. 1933, ch. 118, § 1; Repealed, L. 1947, ch. 126, § 1; June 30.
History: L. 1941, ch. 149, § 1; Repealed, L. 1974, ch. 70, § 1; July 1.
History: L. 1903, ch. 122, § 12; R.S. 1923, § 13-301; Repealed, L. 1968, ch. 274, § 50; April 30.
History: L. 1903, ch. 122, § 13; R.S. 1923, § 13-302; Repealed, L. 1965, ch. 127, § 1; June 30.
History: L. 1903, ch. 122, § 15; R.S. 1923, § 13-303; L. 1968, ch. 274, § 18; Repealed, L. 1998, ch. 7, § 1; July 1.
History: L. 1937, ch. 142, § 1; Repealed, L. 1947, ch. 127, § 1; April 11.
History: L. 1903, ch. 122, § 16; L. 1905, ch. 114, § 1; R.S. 1923, § 13-304; L. 1935, ch. 105, § 1; L. 1945, ch. 99, § 6; L. 1968, ch. 274, § 19; L. 1969, ch. 90, § 1; L. 1975, ch. 79, § 1; L. 1982, ch. 83, § 1; L. 1985, ch. 80, § 2; Repealed, L. 1998, ch. 7, § 1; July 1.
History: L. 1903, ch. 122, § 17; L. 1909, ch. 66, § 1; R.S. 1923, § 13-305; L. 1968, ch. 274, § 20; L. 1985, ch. 80, § 3; Repealed, L. 1998, ch. 7, § 1; July 1.
History: L. 1903, ch. 122, § 18; R.S. 1923, § 13-306; Repealed, L. 1968, ch. 274, § 50; April 30.
History: L. 1903, ch. 122, § 19; R.S. 1923, § 13-307; Repealed, L. 1975, ch. 79, § 2; July 1.
History: L. 1903, ch. 122, § 20; L. 1909, ch. 66, § 2; R.S. 1923, § 13-308; Repealed, L. 1975, ch. 106, § 5; March 22.
History: L. 1907, ch. 122, § 1; L. 1909, ch. 73, § 1; L. 1915, ch. 105, § 1; L. 1921, ch. 109, § 1; R.S. 1923, § 13-309; L. 1933, ch. 119, § 1; L. 1945, ch. 109, § 1; L. 1947, ch. 136, § 1; L. 1949, ch. 127, § 1; L. 1951, ch. 148, § 1; Repealed, L. 1953, ch. 78, § 1; January 1, 1954.
History: L. 1907, ch. 122, § 2; R.S. 1923, § 13-310; Repealed, L. 1953, ch. 78, § 1; January 1, 1954.
History: R.S. 1923, § 13-311; Repealed, L. 1953, ch. 78, § 1; January 1, 1954.
History: L. 1907, ch. 122, § 4; R.S. 1923, § 13-312; L. 1935, ch. 106, § 1; Repealed, L. 1953, ch. 78, § 1; January 1, 1954.
History: L. 1907, ch. 122, §§ 5, 7, 8; R.S. 1923, §§ 13-313–13-315; Repealed, L. 1953, ch. 78, § 1; January 1, 1954.
History: L. 1907, ch. 122, § 9; R.S. 1923, § 13-316; Repealed, L. 1953, ch. 78, § 1; January 1, 1954.
History: L. 1907, ch. 122, § 10; R.S. 1923, § 13-317; Repealed, L. 1953, ch. 78, § 1; January 1, 1954.
History: L. 1907, ch. 122, § 11; L. 1921, ch. 110, § 1; R.S. 1923, § 13-318; L. 1933, ch. 119, § 2; L. 1945, ch. 109, § 2; L. 1949, ch. 127, § 2; L. 1951, ch. 148, § 2; Repealed, L. 1953, ch. 78, § 1; January 1, 1954.
History: L. 1907, ch. 122, § 12; R.S. 1923, § 13-319; Repealed, L. 1953, ch. 78, § 1; January 1, 1954.
History: L. 1907, ch. 122, § 13; R.S. 1923, § 13-320; L. 1949, ch. 128, § 1; Repealed, L. 1953, ch. 78, § 1; January 1, 1954.
History: L. 1907, ch. 122, § 14; R.S. 1923, § 13-321; L. 1941, ch. 116, § 1; Repealed, L. 1953, ch. 78, § 1; January 1, 1954.
History: L. 1907, ch. 122, § 15; R.S. 1923, § 13-322; Repealed, L. 1953, ch. 78, § 1; January 1, 1954.
Revisor's Note: Reasons for repeal, see preamble to L. 1965, ch. 90.
History: L. 1903, ch. 122, § 21; R.S. 1923, § 13-401; Repealed, L. 1965, ch. 90, § 1; June 30.
History: R.S. 1923, § 13-402; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 23; R.S. 1923, § 13-403; Repealed, L. 1963, ch. 90, § 1; June 30.
History: R.S. 1923, § 13-404; Repealed, L. 1971, ch. 53, § 1; July 1.
History: L. 1903, ch. 122, § 25; R.S. 1923, § 13-405; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 26; R.S. 1923, § 13-406; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 27; R.S. 1923, § 13-407; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 28; R.S. 1923, § 13-408; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 29; R.S. 1923, § 13-409; Repealed, L. 1957, ch. 96, § 3; June 29.
History: L. 1903, ch. 122, § 30; R.S. 1923, § 13-410; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 31; R.S. 1923, § 13-411; Repealed, L. 1957, ch. 96, § 3; June 29.
History: L. 1903, ch. 122, § 32; R.S. 1923, § 13-412; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 33; R.S. 1923, § 13-413; Repealed, L. 1963, ch. 90, § 1; June 30.
History: R.S. 1923, § 13-414; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1943, ch. 88. § 1; L. 1970, ch. 77, § 1; Repealed, L. 1975, ch. 80, § 1; July 1.
History: L. 1903, ch. 122, § 35; R.S. 1923, § 13-415; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 36; R.S. 1923, § 13-416; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 37; R.S. 1923, § 13-417; Repealed, L. 1951, ch. 485, § 24; July 1.
History: L. 1903, ch. 122, § 38; R.S. 1923, § 13-418; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 39; R.S. 1923, § 13-419; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 40; R.S. 1923, § 13-420; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 41; R.S. 1923, § 13-421; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 42; R.S. 1923, § 13-422; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 43; R.S. 1923, § 13-423; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 44; R.S. 1923, § 13-424; L. 1951, ch. 139, § 2; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 45; R.S. 1923, § 13-425; Repealed, L. 1963, ch. 90, § 1; June 30.
History: R.S. 1923, § 13-426; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 47; R.S. 1923, § 13-427; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 48; R.S. 1923, § 13-428; Repealed, L. 1975, ch. 118, § 3; July 1.
History: L. 1903, ch. 122, § 49; R.S. 1923, § 13-429; Repealed, L. 1961, ch. 72, § 8; April 12.
History: R.S. 1923, § 13-430; Repealed, L. 1963, ch. 90, § 1; June 30.
To prescribe and fix maximum rates and charges, and regulate the collection of the same, for all water, electric light, heat, power, gas, telephone service or any other commodity or service furnished to such city or to any of the inhabitants thereof by any person or corporation now authorized by such city by virtue of a franchise ordinance or laws of this state, or that may hereafter be authorized by virtue of a franchise ordinance or laws of this state to furnish water, electric light, heat, power, gas or telephone service, or any other commodity or service, to such city or to its inhabitants.
The rates and charges so prescribed shall at all times be reasonable and just; and if any city shall fix unreasonable and unjust rates and charges, the same may, at the instance of any producer or consumer, be reviewed and determined by the district court of the county in which such city is situated.
History: R.S. 1923, § 13-431; December 27.
History: R.S. 1923, § 13-432; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 53; R.S. 1923, § 13-433; Repealed, L. 1963, ch. 90, § 1; June 30.
History: R.S. 1923, § 13-434; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 55; R.S. 1923, § 13-435; Repealed, L. 1971, ch. 54, § 1; July 1.
To make regulations to secure the general health of the city; to prevent and remove nuisances; to regulate or prohibit the construction of privy vaults and cesspools, and to regulate or suppress those already constructed; to compel and regulate the connection of all property with sewers; to suppress hogpens; to regulate or suppress slaughterhouses and stockyards, and prescribe and enforce regulations for cleaning and keeping the same in order; and the cleaning and keeping in order of warehouses, stables, alleys, yards, private ways and grounds, outhouses, and other places where offensive matter is kept or allowed to accumulate, and to compel and regulate the removal of garbage and filth beyond the city limits; and also to provide for taxing and to tax the cost of abating or removing any nuisance against any lot or tract of ground upon which the same is located and maintained, and to levy, certify and collect the same as a special assessment, in the same manner as for repairing and building sidewalks, in all cases where the owner, occupant or agent of said property shall fail, refuse or neglect to abate or remove said nuisance, after receiving notice to do so and being given a reasonable time in which to remove or abate the same, where said city has been compelled to abate or remove said nuisance.
The city may, when authorized by a majority of the votes cast at an election held for the purpose of voting funds to pay for the same, also establish and construct or cause to be established and constructed crematories, desiccating or reduction works, within or without the city, for the purpose of destroying dead animals, night soil, and garbage, and make all rules necessary for the operation of the same.
History: L. 1903, ch. 122, § 56; L. 1905, ch. 109, § 1; March 21; R.S. 1923, § 13-436.
History: L. 1903, ch. 122, § 57; R.S. 1923, § 13-437; Repealed, L. 1963, ch. 90, § 1; June 30.
History: R.S. 1923, § 13-438; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 60; R.S. 1923, § 13-439; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1941, ch. 148, § 1; Repealed, L. 1963, ch. 91, § 1; June 30.
History: R.S. 1923, § 13-440; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1959, ch. 100, § 1; Repealed, L. 1963, ch. 92, § 1; June 30.
History: L. 1903, ch. 122, § 62; R.S. 1923, § 13-441; Repealed, L. 1961, ch. 74, § 8; June 30.
History: L. 1903, ch. 122, § 63; R.S. 1923, § 13-442; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1943, ch. 111, § 1; L. 1957, ch. 88, § 3; Repealed, L. 1963, ch. 70, § 2; June 30.
History: L. 1945, ch. 126, § 1; Repealed, L. 1957, ch. 106, § 1; June 29.
History: L. 1955, ch. 110, § 1; Repealed, L. 1963, ch. 70, § 2; June 30.
The governing body of the city shall have the power to open, widen, extend or otherwise improve any street, avenue, alley or lane, and also to vacate and close any street, avenue, alley or lane or portion thereof. Before the governing body opens, widens or extends any street, avenue, alley or lane it shall proceed to condemn or acquire by purchase or gift the necessary lands as provided by law.
When any street, avenue, alley or lane is vacated it shall revert to the owners of land thereto adjoining on each side, in proportion to the frontage of such land, except in cases where such street, avenue, alley or lane may have been taken for public use in a different proportion, in which case it shall revert to the adjoining land in the same proportion as it was taken from it.
Immediately after an ordinance opening, widening, extending or vacating any street, avenue, alley or lane becomes effective, the clerk of the city shall file a copy thereof which has been certified by the city clerk as a true and correct copy in the office of the county clerk and in the office of the register of deeds. The county clerk shall enter the same in the transfer records of * county clerk's office and the register of deeds shall record the same in the deed records of the county and no fee shall be charged by the county clerk or register of deeds for such entering or recording.
History: L. 1903, ch. 122, § 64; R.S. 1923, § 13-443; L. 1951, ch. 142, § 1; L. 1963, ch. 234, § 27; L. 1984, ch. 65, § 5; July 1.
History: L. 1937, ch. 151, § 1; Repealed, L. 1963, ch. 70, § 2; June 30.
History: L. 1949, ch. 161, §§ 1, 2; Repealed, L. 1963, ch. 70, § 2; June 30.
History: L. 1937, ch. 154, § 1; Repealed, L. 1963, ch. 93, § 1; June 30.
History: L. 1943, ch. 108, §§ 1–3; L. 1951, ch. 145, §§ 1–3; Repealed, L. 1963, ch. 94, § 1; June 30.
History: L. 1943, ch. 117, § 1; Repealed, L. 1974, ch. 71, § 1; July 1.
History: L. 1945, ch. 128, §§ 1–7; Repealed, L. 1974, ch. 72, § 1; July 1.
History: L. 1951, ch. 170, § 1; Repealed, L. 1953, ch. 71, § 2; April 7.
History: L. 1951, ch. 171, § 1; Repealed, L. 1969, ch. 91, § 1; July 1.
History: L. 1955, ch. 115, § 1; Repealed, L. 1974, ch. 73, § 1; July 1.
History: L. 1973, ch. 71, § 1; Repealed, L. 1975, ch. 94, § 1; July 1.
Any city of the first class having a population of more than two hundred thousand (200,000) may by ordinance create and establish a board within the administrative departments of the city for the general supervision and care of a museum of art and objects of art belonging to the city or exhibited therein. The aforesaid board shall be known as "The __________ (name of the city) art museum board."
History: L. 1957, ch. 131, § 1; June 29.
The art museum board shall consist of not to exceed seven (7) members, appointed by the mayor with the approval of the board of commissioners of the city, and not to exceed five (5) members ex officio as may be provided by ordinance. The official members of said board shall be designated by the board of commissioners of the city to serve one for a term of one (1) year, two for a term of two (2) years, two for a term of three (3) years, and two for a term of four (4) years, and thereafter as their terms expire the members of such art museum board shall be appointed and hold their offices for a term of four (4) years and until their successor or successors shall have been appointed and qualified. Ex officio members of the board shall have a voice but no vote in the deliberations of the board. Vacancies on the board shall be filled for the unexpired terms.
History: L. 1957, ch. 131, § 2; June 29.
The board shall organize annually by the election from its membership of a chairman and a vice-chairman, and from its membership or employees a secretary and a treasurer. The officers shall have and perform the duties commonly belonging to their offices and as may be fixed by the board. The treasurer shall give a bond to the city, filed with the city clerk and approved as to form by the city attorney, conditioned for the faithful performance of his or her duties and to well and truly account for all moneys coming into his or her possession as treasurer.
History: L. 1957, ch. 131, § 3; June 29.
The governing body may authorize the art museum board of the city to adopt rules and regulations for its government and the performance of its duties with respect to the art museum of the city and the exhibition of paintings and other objects of art owned by the city or otherwise. The said board may be further authorized in the name of the city to acquire by purchase, gift, bequest or exchange, paintings, prints, statues, and other objects of art, and to act as trustee or custodian of collections and works of art within the city; to receive and accept any gift or donation to the city art museum and administer the same in accordance with the conditions of the donation; and to receive and administer any money and other property appropriated or granted by the city, the state of Kansas, the United States of America, or any agency thereof, for the purpose of aiding or maintaining art museums.
History: L. 1957, ch. 131, § 4; June 29.
Real or personal property may be granted, bequeathed, devised and conveyed to the city for the purpose of developing, maintaining, expanding, or relocating such museum of art provided for herein, upon such trusts and conditions as may be prescribed by the grantors or devisors thereof and agreed to by such art museum board. All property so devised, granted, bequeathed or conveyed, and the rents, issues, profits and income thereof, shall be subject to the management and control of said art museum board.
History: L. 1957, ch. 131, § 5; June 29.
The governing body of the city may authorize the art museum board to appoint, employ and remove a director of the museum, the necessary subordinate employees, and fix their compensation. The board may also enter into contracts with the board of park commissioners of the city or with other persons or corporations for the leasing and maintaining of buildings and grounds for art museum purposes. The board shall keep a record of all proceedings and transactions and make such reports as the board of commissioners of the city shall require.
History: L. 1957, ch. 131, § 6; June 29.
Any city which shall have established an art museum board for the purposes of this act may annually appropriate from the special contributions fund of the city such moneys as may be deemed necessary for the budget of the art museum board. The board shall prepare and submit an annual budget for the approval of the board of commissioners of the city at the time of the preparation of the city budget. The art museum board shall be authorized to expend such funds as budgeted for the purposes of this act.
History: L. 1957, ch. 131, § 7; June 29.
History: L. 1959, ch. 101, § 1; Repealed, L. 1965, ch. 128, § 1; June 30.
History: L. 1959, ch. 84, §§ 1, 2; Repealed, L. 1963, ch. 95, § 1; June 30.
History: L. 1903, ch. 122, § 65; R.S. 1923, § 13-501; Repealed, L. 1963, ch. 90, § 1; June 30.
The mayor shall preside at all meetings of the council, except as herein otherwise provided, and shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city and this act are complied with.
History: L. 1903, ch. 122, § 66; March 18; R.S. 1923, § 13-502.
History: L. 1903, ch. 122, § 67; R.S. 1923, § 13-503; Repealed, L. 1959, ch. 64, § 17; June 30.
History: L. 1903, ch. 122, § 68; R.S. 1923, § 13-504; Repealed, L. 1959, ch. 64, § 17; June 30.
History: L. 1903, ch. 122, § 69; R.S. 1923, § 13-505; Repealed, L. 1968, ch. 375, § 19; July 1.
The mayor shall sign all contracts before the city shall be liable thereon; and all contracts shall be subject to his or her veto the same as ordinances, and the same shall not be binding on the city unless passed over the mayor's veto by a vote of three-fourths of all the councilmen elected.
History: L. 1903, ch. 122, § 70; March 18; R.S. 1923, § 13-506.
The mayor shall sign the commissions of all officers elected or appointed in the city, and endorse the approval of all official bonds by the governing body.
History: L. 1903, ch. 122, § 71; March 18; R.S. 1923, § 13-507.
The mayor shall be a conservator of the peace throughout the city, and shall at all times have power to appoint such number of special policemen as he or she may in cases of emergency deem necessary to preserve the peace of the city, and to dismiss the same at pleasure: Provided, Such policemen shall not serve longer than the next meeting of the council, unless confirmed by it.
History: L. 1903, ch. 122, § 72; March 18; R.S. 1923, § 13-508.
The mayor shall from time to time communicate to the council in writing such information and recommend such measures as in his or her opinion may tend to the improvement of the finances of the city, the police, health, security, ornament, comfort and general prosperity of the city.
History: L. 1903, ch. 122, § 73; March 18; R.S. 1923, § 13-509.
The mayor or any two councilmen shall have power to call special meetings of the council, the object of which shall be submitted to the council in writing, and the call and the object as well as the action of the council shall be entered upon the journal by the clerk, and no other business shall be transacted except that mentioned in the call.
History: L. 1903, ch. 122, § 74; March 18; R.S. 1923, § 13-510.
The mayor shall have power, when he or she deems it necessary, to require any officer of the city to exhibit his or her accounts or other papers and to make reports to the council in writing touching any subject or matter the mayor may require pertaining to said officer.
History: L. 1903, ch. 122, § 75; March 18; R.S. 1923, § 13-511.
The mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the city, and he or she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty. The mayor shall have such jurisdiction as may be vested in him or her by ordinance over all places within five miles of the corporate limits of the city for the enforcement of any health or quarantine ordinance, or regulation thereof.
History: L. 1903, ch. 122, § 76; March 18; R.S. 1923, § 13-512.
When any vacancy shall happen in the office of mayor by death, resignation, absence from the city, removal from office, refusal to qualify, or otherwise, the president of the council for the time being shall exercise the duties of the office of mayor, with all the rights, privileges and jurisdiction of the mayor, until such vacancy is filled or such disability is removed, or, in case of temporary absence, until the mayor shall return; and in case of such vacancy, other than temporary absence or disability, the president of the council shall become mayor. Thereupon the council shall elect from its membership a new president of the council. Whenever a vacancy shall occur in the office of councilman, the governing body shall appoint an elector of the ward where the vacancy occurs to be councilman for the balance of the unexpired term.
History: L. 1903, ch. 122, § 77; R.S. 1923, § 13-513; L. 1968, ch. 274, § 21; April 30.
The mayor is hereby authorized to call on every male inhabitant of the city over eighteen and under fifty years of age to aid in enforcing the laws and ordinances of the city, and in cases of necessity to call out the militia within the city to aid in the suppression of any riot or unlawful assembly or in the enforcement of any ordinance; and any person who shall not obey such call shall forfeit to the city a sum not exceeding one hundred dollars, which shall be recovered in an action in the name of the city in any court of competent jurisdiction.
History: L. 1903, ch. 122, § 78; March 18; R.S. 1923, § 13-514.
The mayor shall have power to remit fines and forfeitures, to grant reprieves and pardons for all offenses arising under the ordinances of the city, by and with the consent of the council, and not otherwise.
History: L. 1903, ch. 122, § 79; March 18; R.S. 1923, § 13-515.
The city attorney shall receive a salary which shall be fixed by ordinance. The city attorney shall attend all cases wherein the city is a party, in all courts; he or she shall draft all ordinances, contracts, agreements, etc.; he or she shall attend all meetings of the council, and shall be under the immediate control of the governing body.
History: L. 1903, ch. 122, § 80; R.S. 1923, § 13-516; L. 1945, ch. 99, § 7; July 1.
History: L. 1903, ch. 122, § 81; R.S. 1923, § 13-517; Repealed, L. 1945, ch. 99, § 28; July 1.
The city clerk shall attend all meetings of the city council, keep a true record of its proceedings, and also keep a record of all official acts of the clerk, and, when necessary, shall attest them. The city clerk shall also keep and preserve them. The city clerk shall also keep and preserve in the city clerk's office the corporate seal of the city, all records, public papers and documents of the city not belonging to any other office. The city clerk shall be authorized to administer oaths; and the copies of all papers filed in the city clerk's office, and transcripts from the records of the proceedings of the council, including ordinances, duly certified by the city clerk under the corporate seal of the city, shall be taken as evidence in all courts of this state without further proof. The city clerk shall keep a correct account with the city and county of the financial affairs of the city treasurer, as may be provided by ordinance, and shall perform such other duties as may be prescribed by ordinance. Subject to K.S.A. 12-16,128, and amendments thereto, the mayor may appoint one or more deputies, by and with the consent of the council; the salary of such deputy or deputies shall be fixed by ordinance.
History: L. 1903, ch. 122, § 82; R.S. 1923, § 13-518; L. 1945, ch. 99, § 8; L. 2008, ch. 163, § 7; July 1.
History: L. 1903, ch. 122, § 83; R.S. 1923, § 13-519; L. 1945, ch. 99, § 9; Repealed, L. 1965, ch. 129, § 2; June 30.
History: L. 1903, ch. 122, § 84; R.S. 1923, § 13-520; Repealed, L. 1965, ch. 129, § 2; June 30.
History: L. 1903, ch. 122, § 85; R.S. 1923, § 13-521; L. 1945, ch. 99, § 10; Repealed, L. 1965, ch. 129, § 2; June 30.
History: L. 1903, ch. 122, § 86; R.S. 1923, § 13-522; Repealed, L. 1974, ch. 74, § 1; July 1.
History: L. 1903, ch. 122, § 87; R.S. 1923, § 13-523; Repealed, L. 1965, ch. 129, § 2; June 30.
History: L. 1903, ch. 122, § 88; R.S. 1923, § 13-524; Repealed, L. 1945, ch. 99, § 28; July 1.
History: L. 1921, ch. 108, § 1; R.S. 1923, § 13-525; L. 1927, ch. 111, § 1; Repealed, L. 1945, ch. 99, § 28; July 1.
History: L. 1903, ch. 122, § 89; R.S. 1923, § 13-526; L. 1937, ch. 82, § 4; Repealed, L. 1976, ch. 86, § 2; July 1.
The city treasurer in cities of the first class shall, before entering upon the duties of such office, give to the city a corporate surety bond with a surety company duly qualified under the insurance laws of this state, in such form and amount as may be required by the governing body, in a sum not less than fifty thousand dollars ($50,000). Such bond shall be conditioned for the faithful discharge of the duties of the city treasurer, and that such city treasurer shall safely keep all public moneys entrusted to his or her care, and save such city free and harmless from all loss caused by neglect of duty or malfeasance in office. Such bond shall be approved by the city attorney before acceptance and filed with the city clerk. The surety required by this section may be provided for by a blanket bond.
History: L. 1976, ch. 86, § 1; July 1.
Subject to K.S.A. 12-16,128, and amendments thereto, the mayor, by and with the consent of the council, may appoint a city attorney, city prosecutor, city clerk, city treasurer, municipal judge of the municipal court, city engineer, director of public works, chief of police, policemen, and such other officers and employees as they may deem necessary for the best interests of the city, but no such officer shall be appointed until such officer's term of office and salary shall have been fixed by ordinance; and all contracts of employment of auditors, accountants, engineers, attorneys, counselors and architects for any special purpose shall be authorized by ordinance.
The term of all such officers shall be provided by ordinance. In case of an appointment to fill a vacancy such appointee shall only serve for the remainder of the term for which the officer's predecessor was appointed.
History: L. 1903, ch. 122, § 90; L. 1909, ch. 70, § 1; L. 1915, ch. 196, § 8; R.S. 1923, § 13-527; L. 1935, ch. 105, § 2; L. 1965, ch. 129, § 1; L. 1967, ch. 90, § 2; L. 2008, ch. 163, § 8; July 1.
History: L. 1903, ch. 122, § 91; R.S. 1923, § 13-528; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 92; R.S. 1923, § 13-529; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, §§ 93, 94; R.S. 1923, §§ 13-530, 13-531; Repealed, L. 1970, ch. 366, § 22; July 1.
History: L. 1903, ch. 122, § 95; R.S. 1923, § 13-532; Repealed, L. 1970, ch. 366, § 22; July 1.
History: L. 1903, ch. 122, § 96; R.S. 1923, § 13-533; Repealed, L. 1970, ch. 366, § 22; July 1.
History: L. 1903, ch. 122, § 97; R.S. 1923, § 13-534; Repealed, L. 1975, ch. 81, § 1; July 1.
History: L. 1903, ch. 122, § 98; R.S. 1923, § 13-601; L. 1945, ch. 99, § 11; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1927, ch. 131, § 1; Repealed, L. 1945, ch. 99, § 28; July 1.
History: L. 1903, ch. 122, § 99; R.S. 1923, § 13-602; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 100; R.S. 1923, § 13-603; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 101; R.S. 1923, § 13-604; L. 1949, ch. 129, § 1; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 102; R.S. 1923, § 13-605; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 103; L. 1905, ch. 110, § 1; R.S. 1923, § 13-606; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 104; R.S. 1923, § 13-607; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 105; R.S. 1923, § 13-608; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 106; R.S. 1923, § 13-609; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 107; R.S. 1923, § 13-610; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 108; R.S. 1923, § 13-611; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 108a; R.S. 1923, § 13-612; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 108b; R.S. 1923, § 13-613; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 109; R.S. 1923, § 13-614; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 110; R.S. 1923, § 13-615; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 111; R.S. 1923, § 13-616; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 112; L. 1905, ch. 110, § 2; R.S. 1923, § 13-617; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 113; R.S. 1923, § 13-618; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 114; R.S. 1923, § 13-619; L. 1965, ch. 130, § 1; L. 1967, ch. 102, § 1; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 115; R.S. 1923, § 13-620; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 116; R.S. 1923, § 13-621; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 117; R.S. 1923, § 13-622; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 118; L. 1905, ch. 110, § 3; R.S. 1923, § 13-623; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 119; R.S. 1923, § 13-624; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 120; L. 1905, ch. 110, § 4; R.S. 1923, § 13-625; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 121; L. 1911, ch. 101, § 1; R.S. 1923, § 13-626; L. 1945, ch. 99, § 12; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, §§ 122, 123; R.S. 1923, §§ 13-627, 13-628; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
In all cities of the first class which have a population of one hundred thousand (100,000) or more, and which shall have the city-manager plan of government at the effective date of this act, the court shall be designated the municipal court, and the judge of the municipal court shall be appointed by the judges of the district court of the district in which said city is located in each odd-numbered year, commencing in 1929, to take office on the third Tuesday in April in such year, or as soon thereafter as appointed, and hold the same until a successor shall have been appointed and shall have qualified and said judge shall be designated judge of division No. 1: Provided, That the judges of the district court of the district in which such city is located shall appoint two additional judges to said municipal court, to take office commencing on the third Tuesday in April, 1967, and until their successors are appointed and qualified in each odd-numbered year thereafter, said judges to be designated judges of division No. 2 and division No. 3 respectively. Said municipal judges so appointed shall have concurrent jurisdiction in said municipal court with the judge of division No. 1 over all traffic and criminal violations in the city and all said judges are authorized to direct the police department of the city to issue all notices of traffic violations in duplicate and to require the duplicate notice of such violation to be filed with the clerk of said court.
The said judges, in exercising jurisdiction over traffic violations, shall record or cause to be recorded on the copy of the notice filed with said clerk, the disposition of each traffic violation. The provisions of K.S.A. 13-628b to 13-628h, both sections inclusive, and amendments thereto, relating to qualifications, powers, duties, bonds, vacancies, salaries and judges pro tem, shall apply to all of the judges of the municipal court in said city: Provided, That only one clerk shall be appointed by said court, said clerk to be appointed by the judge of division No. 1: Provided further, The judges of the district court of the district in which such city is located shall designate no more than two divisions of said municipal court to try and otherwise process traffic violations.
History: L. 1929, ch. 124, § 1; L. 1951, ch. 149, § 1; L. 1967, ch. 103, § 1; May 2.
History: L. 1929, ch. 124, § 2; L. 1967, ch. 103, § 2; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1929, ch. 124, § 3; L. 1967, ch. 103, § 3; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
The municipal judge of division No. 1 shall appoint a clerk, who shall hold office at the pleasure of said judge. The clerk, under the direction of said judge, shall have authority to make out, sign and issue all processes of said court, administer oaths required in proceedings before it, file and carefully preserve all papers in cases pending in said court, docket cases and set the same for trial, and shall do and perform such other duties as may be required by law, or by the rules of the court or directions of the judge thereof, or such as may be necessary and proper for the convenience of the court or judge thereof.
History: L. 1929, ch. 124, § 4; L. 1967, ch. 103, § 4; May 2.
History: L. 1929, ch. 124, § 5; L. 1967, ch. 103, § 5; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1929, ch. 124, § 6; L. 1933, ch. 133, § 1; L. 1941, ch. 117, § 1; L. 1943, ch. 90, § 1; L. 1945, ch. 110, § 1; L. 1949, ch. 130, § 1; L. 1951, ch. 149, § 2; L. 1955, ch. 88, § 1; L. 1957, ch. 107, § 1; L. 1961, ch. 83, § 1; L. 1963, ch. 96, § 2; L. 1967, ch. 103, § 6; L. 1970, ch. 78, § 1; L. 1973, ch. 175, § 49; Repealed, L. 1978, ch. 68, § 1; July 1.
History: L. 1929, ch. 124, § 7; L. 1963, ch. 96, § 1; L. 1967, ch. 103, § 7; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1929, ch. 124, § 8; L. 1967, ch. 103, § 8; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1927, ch. 132, § 1; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1927, ch. 130, § 1; L. 1935, ch. 107, § 1; L. 1939, ch. 102, § 1; L. 1941, ch. 122, § 8; L. 1943, ch. 91, § 1; Repealed, L. 1945, ch. 99, § 28; July 1.
History: L. 1939, ch. 102, § 2; Repealed, L. 1969, ch. 92, § 1; July 1.
In all cities of the first class located in counties having a population of more than sixty thousand (60,000) and not more than one hundred thousand (100,000), the judge of the municipal court shall be appointed by the judges of the district court of the district in which said city is located in each odd-numbered year, commencing in 1971, to take office on the third Tuesday in April in such year, or as soon thereafter as appointed and hold the same until his or her successor shall have been appointed and shall have qualified.
History: L. 1971, ch. 55, § 1; April 20.
History: L. 1971, ch. 55, § 2; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1971, ch. 55, § 3; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1971, ch. 55, § 4; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1971, ch. 55, § 5; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1915, ch. 262, § 1; R.S. 1923, § 13-629; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1923, ch. 86, §§ 1–3; R.S. 1923, §§ 13-630–13-632; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1923, ch. 86, §§ 5, 6; R.S. 1923, §§ 13-633, 13-634; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1923, ch. 86, § 7; R.S. 1923, § 13-635; L. 1931, ch. 114, § 1; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1923, ch. 86, § 8; R.S. 1923, § 13-636; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1929, ch. 119, § 1; L. 1938, ch. 33, § 1; L. 1939, ch. 103, § 1; L. 1941, ch. 118, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1929, ch. 119, § 2; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1929, ch. 119, § 3; L. 1933, ch. 120, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1933, ch. 120, § 2; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1929, ch. 119, § 4; L. 1931, ch. 115, § 1; L. 1939, ch. 103, § 2; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1929, ch. 119, §§ 5–7; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1929, ch. 119, § 8; Repealed, L. 1939, ch. 103, § 3; April 7.
History: L. 1925, ch. 115, § 1; L. 1937, ch. 125, § 1; L. 1941, ch. 119, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1925, ch. 115, §§ 2–4; L. 1941, ch. 119, §§ 2–4; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1941, ch. 119, §§ 5, 6; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1941, ch. 119, § 7; L. 1943, ch. 92, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1941, ch. 119, §§ 8, 9; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1943, ch. 92, § 2; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1925, ch. 115, § 5; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1937, ch. 125, § 2; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1925, ch. 115, § 6; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1927, ch. 124, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1933, ch. 42, §§ 1, 2 (Special Session); L. 1941, ch. 120, §§ 1, 2; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1933, ch. 42, § 3 (Special Session); Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1933, ch. 42, § 4 (Special Session); L. 1941, ch. 120, § 3; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1933, ch. 42, § 5 (Special Session); Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1933, ch. 42, § 6 (Special Session); L. 1941, ch. 120, § 4; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1933, ch. 42, §§ 7, 8 (Special Session); L. 1941, ch. 120, §§ 5, 6; L. 1943, ch. 93, §§ 1, 2; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1933, ch. 42, § 9 (Special Session); Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1933, ch. 42, § 10 (Special Session); L. 1941, ch. 120, § 7; L. 1943, ch. 93, § 3; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1933, ch. 42, §§ 11, 12 (Special Session); Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1937, ch. 120, §§ 1–6; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1939, ch. 116, § 1; L. 1943, ch. 94, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1939, ch. 116, §§ 2–7; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1939, ch. 117, §§ 1–5; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1939, ch. 118, §§ 1–3; L. 1943, ch. 95, §§ 1–3; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1939, ch. 118, §§ 4, 5; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1941, ch. 138, §§ 1–9; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1908, ch. 28, § 1; R.S. 1923, § 13-701; L. 1927, ch. 112, § 1; L. 1957, ch. 88, § 4; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1908, ch. 28, § 2; R.S. 1923, § 13-702; L. 1975, ch. 52, § 3; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1908, ch. 28, §§ 3, 4; R.S. 1923, §§ 13-703, 13-704; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1915, ch. 119, § 1; R.S. 1923, § 13-705; L. 1927, ch. 113, § 1; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1915, ch. 119, §§ 2–5; R.S. 1923, §§ 13-706–13-709; Repealed, L. 1969, ch. 93, § 1; July 1.
History: L. 1913, ch. 97, § 1; R.S. 1923, § 13-710; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1913, ch. 97, §§ 2–5; R.S. 1923, §§ 13-711–13-714; Repealed, L. 1969, ch. 93, § 1; July 1.
History: L. 1917, ch. 101, § 1; L. 1920, ch. 15, § 1; L. 1921, ch. 113, § 1; R.S. 1923, § 13-715; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1917, ch. 101, § 2; L. 1920, ch. 15, § 2; L. 1921, ch. 113, § 2; R.S. 1923, § 13-716; Repealed, L. 1965, ch. 132, § 1; June 30.
History: L. 1951, ch. 168, § 1; Repealed, L. 1969, ch. 93, § 1; July 1.
History: L. 1923, ch. 89, § 1; R.S. 1923, § 13-717; Repealed, L. 1969, ch. 94, § 1; July 1.
History: L. 1915, ch. 260, § 1; R.S. 1923, § 13-718; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1915, ch. 260, § 2; R.S. 1923, § 13-719; L. 1927, ch. 115, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1915, ch. 260, § 3; R.S. 1923, § 13-720; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1915, ch. 260, § 4; R.S. 1923, § 13-721; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1915, ch. 260, §§ 5–7; R.S. 1923, §§ 13-722–13-724; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1915, ch. 260, § 8; R.S. 1923, § 13-725; L. 1941, ch. 121, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1915, ch. 260, §§ 9–12; R.S. 1923, §§ 13-726–13-729; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1919, ch. 116, § 1; L. 1921, ch. 116, § 1; R.S. 1923, § 13-730; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1919, ch. 116, §§ 2–4; R.S. 1923, §§ 13-731–13-733; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1919, ch. 116, § 5; R.S. 1923, § 13-734; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1919, ch. 116, § 6; R.S. 1923, § 13-735; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1927, ch. 116, § 1; L. 1941, ch. 122, § 1; L. 1943, ch. 96, § 1; Repealed, L. 1945, ch. 99, § 28; July 1.
History: L. 1927, ch. 116, § 2; Repealed, L. 1965, ch. 132, § 1; June 30.
History: L. 1941, ch. 140, § 1; L. 1943, ch. 97, § 1; Repealed, L. 1945, ch. 99, § 28; July 1.
History: L. 1927, ch. 125, § 1; L. 1949, ch. 131, § 1; L. 1957, ch. 88, § 5; Repealed, L. 1975, ch. 82, § 1; July 1.
History: L. 1939, ch. 127, §§ 1, 2; Repealed, L. 1947, ch. 127, § 1; April 11.
History: L. 1925, ch. 114, § 1; L. 1927, ch. 114, § 1; L. 1937, ch. 126, § 1; L. 1941, ch. 123, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1941, ch. 123, § 2; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1925, ch. 114, § 2; L. 1935, ch. 108, § 1; L. 1941, ch. 123, § 3; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1925, ch. 114, §§ 3, 4; L. 1941, ch. 123, §§ 4, 5; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1941, ch. 123, §§ 6–10; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1933, ch. 121, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1937, ch. 126, § 2; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1925, ch. 114, § 6; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1931, ch. 125, §§ 1–3; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1931, ch. 125, § 4; L. 1937, ch. 127, § 1; L. 1943, ch. 98, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1931, ch. 125, §§ 5, 6; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1931, ch. 125, § 7; L. 1933, ch. 122, § 1; L. 1937, ch. 127, § 2; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1931, ch. 125, § 8; L. 1933, ch. 122, § 2; L. 1937, ch. 127, § 3; L. 1943, ch. 98, § 2; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1933, ch. 122, § 3; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1931, ch. 125, §§ 9, 10; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1931, ch. 125, § 11; Repealed, L. 1937, ch. 127, § 4; June 30.
History: L. 1931, ch. 125, §§ 12, 14; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1935, ch. 119, § 1; L. 1937, ch. 128, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1935, ch. 119, § 2; L. 1937, ch. 128, § 2; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1935, ch. 119, §§ 3, 4; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1935, ch. 119, § 5; L. 1941, ch. 124, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1935, ch. 119, §§ 6–8; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1935, ch. 119, § 9; L. 1937, ch. 128, § 3; L. 1941, ch. 125, § 1; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1935, ch. 119, § 10; Repealed, L. 1945, ch. 111, § 15; July 1.
History: L. 1935, ch. 118, § 1; Repealed, L. 1975, ch. 83, § 1; July 1.
History: L. 1941, ch. 137, § 1; Repealed, L. 1975, ch. 83, § 1; July 1.
History: L. 1935, ch. 118, §§ 2, 3; Repealed, L. 1975, ch. 83, § 1; July 1.
History: L. 1939, ch. 115, § 1; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1939, ch. 115, § 2; L. 1943, ch. 99, § 1; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1939, ch. 115, §§ 3–6; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1939, ch. 115, § 7; L. 1981, ch. 173, § 33; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1939, ch. 115, §§ 8, 9; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1939, ch. 115, § 10; L. 1943, ch. 99, § 2; L. 1972, ch. 161, § 1; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1939, ch. 115, §§ 11–14; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1939, ch. 115, § 15; L. 1943, ch. 99, § 3; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1939, ch. 115, §§ 16–18; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1939, ch. 115, § 19; L. 1975, ch. 52, § 4; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1939, ch. 115, § 20; Repealed, L. 1998, ch. 42, § 1; July 1.
History: L. 1939, ch. 126, § 1; Repealed, L. 1975, ch. 82, § 1; July 1.
History: L. 1947, ch. 151, §§ 1–4; Repealed, L. 1973, ch. 72, § 1; July 1.
History: L. 1985, ch. 66, § 1; Repealed, L. 2014, ch. 61, § 2; July 1.
History: L. 1985, ch. 66, § 2; Repealed, L. 2014, ch. 61, § 2; July 1.
History: L. 1985, ch. 66, § 3; Repealed, L. 2014, ch. 61, § 2; July 1.
History: L. 1985, ch. 66, § 4; Repealed, L. 2014, ch. 61, § 2; July 1.
History: L. 1985, ch. 66, § 5; Repealed, L. 2014, ch. 61, § 2; July 1.
History: L. 1985, ch. 66, § 6; Repealed, L. 2014, ch. 61, § 2; July 1.
History: L. 1909, ch. 75, §§ 1–4; R.S. 1923, §§ 13-801–13-804; Repealed, L. 1959, ch. 90, § 1; June 30.
History: R.S. 1923, § 13-805; Repealed, L. 1959, ch. 90, § 1; June 30.
History: L. 1925, ch. 110, § 1; L. 1937, ch. 129, § 1; L. 1949, ch. 132, § 1; L. 1957, ch. 88, § 6; Repealed, L. 1973, ch. 73, § 1; July 1.
History: L. 1925, ch. 110, § 2; Repealed, L. 1973, ch. 73, § 1; July 1.
History: L. 1925, ch. 110, § 3; L. 1937, ch. 129, § 2; Repealed, L. 1973, ch. 73, § 1; July 1.
History: L. 1903, ch. 122, § 124; R.S. 1923, § 13-901; Repealed, L. 1975, ch. 84, § 1; July 1.
History: L. 1903, ch. 122, § 125; R.S. 1923, § 13-902; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1903, ch. 122, § 127; R.S. 1923, § 13-903; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1903, ch. 122, § 128; R.S. 1923, § 13-904; Repealed, L. 1975, ch. 84, § 1; July 1.
In case the governing body of any city shall have heretofore levied or shall hereafter levy any special assessment for any public improvement in said city, which special assessments are or may be informal, illegal, irregular, or void for the want of sufficient authority to make or levy the same, or for any cause whatsoever, the governing body of such city may at any time relevy any such special assessment in the manner provided, and against the property liable for assessment for such improvement at the time of the making thereof: Provided, That in all cases where informal, illegal, irregular or void special assessments levied for any improvement against any lot or piece of land shall have been paid, in whole or in part, such lot or piece of land shall not be reassessed for the assessment or the part thereof so paid.
History: L. 1903, ch. 122, § 129; March 18; R.S. 1923, § 13-905.
No suit nor action of any kind shall be maintained in any court to set aside or in any way contest or enjoin the levy of any special assessment for constructing or repairing any sidewalk, pavement, sewer or any other public improvement after the expiration of thirty days from the time the amount due on each lot or piece of ground liable for such assessment is ascertained.
History: L. 1903, ch. 122, § 130; March 18; R.S. 1923, § 13-906.
History: L. 1903, ch. 122, § 131; R.S. 1923, § 13-907; L. 1953, ch. 79, § 1; Repealed, L. 2016, ch. 66, § 9; July 1.
History: L. 1903, ch. 122, § 132; R.S. 1923, § 13-908; Repealed, L. 1959, ch. 91, § 1; June 30.
History: L. 1903, ch. 122, § 133; R.S. 1923, § 13-909; Repealed, L. 1975, ch. 84, § 1; July 1.
History: L. 1903, ch. 122, § 134; R.S. 1923, § 13-910; Repealed, L. 1957, ch. 96, § 3; June 29.
History: L. 1903, ch. 122, § 135; R.S. 1923, § 13-911; Repealed, L. 1957, ch. 96, § 3; June 29.
History: L. 1903, ch. 122, § 136; L. 1915, ch. 113, § 1; R.S. 1923, § 13-912; Repealed, L. 1975, ch. 85, § 1; July 1.
History: L. 1941, ch. 146, § 1; L. 1957, ch. 108, § 1; L. 1961, ch. 84, § 1; Repealed, L. 1975, ch. 86, § 1; July 1.
History: L. 1941, ch. 146, §§ 2–4; Repealed, L. 1975, ch. 86, § 1; July 1.
History: L. 1903, ch. 122, § 137; R.S. 1923, § 13-1001; Repealed, L. 1959, ch. 82, § 1; June 30.
History: L. 1903, ch. 122, § 138; R.S. 1923, § 13-1002; L. 1937, ch. 130, § 1; Repealed, L. 1941, ch. 103, § 16; June 30.
History: L. 1903, ch. 122, § 139; L. 1911, ch. 94, § 1; R.S. 1923, § 13-1003; Repealed, L. 1941, ch. 103, § 16; June 30.
History: L. 1903, ch. 122, § 140; R.S. 1923, § 13-1004; Repealed, L. 1941, ch. 103, § 16; June 30.
History: R.S. 1923, § 13-1005; Repealed, L. 1941, ch. 103, § 16; June 30.
History: R.S. 1923, § 13-1006; Repealed, L. 1941, ch. 103, § 16; June 30.
History: R.S. 1923, § 13-1007; Repealed, L. 1941, ch. 103, § 16; June 30.
History: L. 1903, ch. 122, § 143; R.S. 1923, § 13-1008; Repealed, L. 1941, ch. 103, § 16; June 30.
History: L. 1939, ch. 123, § 1; L. 1945, ch. 112, § 1; L. 1953, ch. 80, § 1; Repealed, L. 1981, ch. 79, § 1; July 1.
History: L. 1951, ch. 167, §§ 1, 2; Repealed, L. 1975, ch. 87, § 1; July 1.
Any city of the first class having a population of not less than sixty thousand (60,000) is authorized to construct sidewalks within the city and to levy special assessments therefor upon the owners of lots and tracts abutting thereon.
History: L. 1955, ch. 111, § 1; June 30.
Whenever a petition signed by persons owning not less than fifty percent (50%) of the real estate abutting the proposed sidewalk construction praying for the construction of a sidewalk or sidewalks in the area proposed, is filed with the city clerk, the governing body may, in its discretion, by resolution, order such sidewalk or sidewalks constructed.
History: L. 1955, ch. 111, § 2; June 30.
The cost of all sidewalks constructed under the provisions of this act shall be assessed to the property abutting on such sidewalks.
History: L. 1955, ch. 111, § 3; June 30.
When a sidewalk or sidewalks has or have been constructed and where special assessments must be levied for the expense thereof, the governing body shall, as soon as the cost is ascertained, levy an assessment against the lots or pieces of land chargeable therefor, by ordinance, and the property owner shall have thirty (30) days after the publication of the ordinance within which to make full payment of the assessment. The city clerk shall mail a notice not less than fifteen (15) days prior to the end of the thirty (30) days to the owner of the property as shown on the records of the office of the register of deeds, but failure of the owner to receive notice shall not affect the validity of the assessment. The governing body of said city may issue bonds in the manner provided in the general bond law to finance the unpaid balance of any such special assessments.
History: L. 1955, ch. 111, § 4; June 30.
The assessment for construction of such sidewalks shall be levied as provided for in K.S.A. 12-1811, 12-1812 and 12-1814, and any amendments thereto: Provided, That temporary notes may be issued during the construction of such sidewalks and before the issuance of sidewalks bonds.
History: L. 1955, ch. 111, § 5; June 30.
History: R.S. 1923, § 13-1009; Repealed, L. 1975, ch. 88, § 1; July 1.
The governing body of any city of the first class may by resolution when it may be deemed necessary, curb, gutter, pave, macadamize or grade any street to a distance of one half of a mile so as to connect that portion of the street already improved with a road outside the city which has been macadamized, and levy special assessments to pay for same, without regard to any protest that may be filed by parties affected thereby.
History: L. 1917, ch. 96, § 1; February 20; R.S. 1923, § 13-1010.
(a) When the governing body deems it necessary to grade, regrade or improve any street, lane, avenue or alley, or any part thereof, within the limits of the city, for which a special tax is to be levied, such governing body shall by resolution declare the work or improvement necessary to be done. Such resolution shall be published once in the official paper of the city. If the resident owners of more than ½ the property liable for taxation therefor do not, within 20 days from the mailing of notice pursuant to subsection (f), file with the clerk of the city their protest against the work or improvement, the governing body shall have power to cause such work to be done or such improvement to be made and to contract therefor and to levy taxes as provided by law. The work may be done before, during or after the collection of the special assessment.
(b) No provision of this act shall prevent the governing body from grading or regrading any street, lane or alley or part thereof, and pay therefor out of the general improvement fund of such city.
(c) In all cities of the first class having a population of less than 30,000, the governing body, when it deems it necessary to be done, and for the general welfare of such city, may by resolution, regardless of any protest, order the whole or any part of any street which extends from any other paved or macadamized street to any depot or cemetery in or adjoining such city, or any street which extends from the main business street or from the main business center of such city to any depot or cemetery within or adjoining such city, or any street, not to exceed four in number, which extends from the principal business center of such city to and is connected with any main public highway leading to or from such city to be improved and shall have power to cause the improvements to be made, to contract for the making of the same and to levy taxes to pay the expenses of such improvements.
(d) The city at large shall pay the expenses of grading or regrading such street or streets and all expenses of the areas and intersections formed by the crossing of streets and alleys and all crossings of streets and alleys and ⅓ of the expenses of improving each block of such street or streets between cross streets and of improving along each lot or piece of unplatted land adjoining such street or streets. Two-thirds of the expense of improving any block in such street between the cross streets, or any such street along an unplatted lot or piece of land in such city, adjoining or abutting on such street, shall be assessed to the adjoining property by special assessment, and except as to the amount assessed against such adjoining property, the adjoining property shall be appraised and assessed to the extent and in the manner provided by law for paying the expenses of improving streets and alleys in cities of the first class when protest may be made. Such cities are authorized to issue improvement bonds in the manner provided by law to pay the expenses of the improvement. In estimating the expenses of improvements for which the city or adjoining property will be liable, the city shall deduct from the aggregate expense of such improvements the amount or proportion of the expense for the payment of which any street railway company or other railway company will be liable. No street railway company or other railway company shall be relieved by reason of this act from any tax or assessment for which it is now liable under any statute for any street improvement.
(e) In cities of the first class having a population of over 30,000, no resolution to pave, macadamize, grade, repave, remacadamize or regrade any street, lane or alley shall be valid unless a petition requesting such improvement has been filed with the city clerk, which petition must be signed by the resident owners of not less than ½ the feet fronting or abutting upon the street, lane or alley to be improved. The feet fronting or abutting upon such street, lane or alley owned or held by persons who are not residents of the city shall not be taken into account in determining the sufficiency of any such protest or any such petition. In case of paving, such petition shall state the width of the paving and the kind of material to be used but shall not include the naming of the brand of material or the name of the manufacturer thereof.
(f) Whenever any governing body has proceeded under this section to grade, regrade or improve any street, lane, avenue or alley, or any part thereof, the governing body shall ascertain before the contract is let therefor the approximate cost of such improvement to the separate tracts and pieces of land liable therefor. The city clerk shall thereupon send by certified mail to the owners of such land, at the address where the owner's tax statement is sent, a written notice of the approximate amount which will be assessed against such land. The governing body shall, within 30 days from the date of mailing such notices, determine whether the approximate cost of such improvement is unreasonable in comparison with the value of the tracts and pieces of land liable therefor. If the cost is found to be unreasonable, the governing body shall cancel the proceedings theretofore taken for such improvements. The failure of the owner to receive such notice or the inaccuracy of the amount of the approximate costs shall not affect the validity of the proceedings.
(g) As used in this section, "improve" means curb, gutter, pave, macadamize, recurb, regutter, repave or remacadamize.
History: R.S. 1923, § 13-1011; L. 1951, ch. 150, § 1; L. 1957, ch. 109, § 1; L. 1968, ch. 229, § 1; L. 1981, ch. 173, § 34; July 1.
History: L. 1927, ch. 136, § 1; Repealed, L. 1975, ch. 88, § 1; July 1.
History: L. 1925, ch. 116, § 1; Repealed, L. 1973, ch. 74, § 1; July 1.
History: L. 1931, ch. 123, § 1; L. 1937, ch. 131, § 1; L. 1941, ch. 122, § 9; Repealed, L. 1975, ch. 88, § 1; July 1.
History: L. 1953, ch. 102, § 1; L. 1955, ch. 89, § 1; Repealed, L. 1959, ch. 68, § 1; June 30.
History: L. 1953, ch. 102, § 2; Repealed, L. 1959, ch. 68, § 1; June 30.
Whenever in the judgment of the governing body of any city of the first class the pavement of any street, avenue or boulevard abutting on any school grounds or the board of education of such city is too narrow it may by ordinance provide for the removing of the curb and gutter, if any exist, and the grading and paving of such additional width on the side of the pavement next to the school grounds as it may prescribe, and the construction of new curb and gutter is deemed necessary, and the making of such incidental improvement as may be necessary. Bonds payable by the city at large, shall be issued to pay the cost of such improvements.
History: L. 1953, ch. 103, § 1; June 30.
History: L. 1923, ch. 88, § 1; R.S. 1923, § 13-1012; L. 1925, ch. 104, § 1; Repealed, L. 1959, ch. 68, § 1; June 30.
The governing body may provide for a system of sewerage and drainage for the city, or any part thereof, and build and construct sewers and drains for the city, or any part thereof. Such sewers shall be constructed by districts created by ordinance. Such districts shall be in three classes, intercepting, main and lateral. Whenever in the judgment of the governing body it is necessary in order to properly handle the sewage or drainage of a city, that two or more main sewers, constructed as hereinafter provided, be connected, then the governing body shall have power to create an intercepting sewer district and build and construct an intercepting sewer. The district for such sewer shall be created by ordinance, and shall embrace all that part of the city which will be benefited by such intercepting sewer.
When it is necessary that any part of the city have a system of sewerage or drains, then the governing body shall have power to create a main sewer district and shall have power to build and construct a main sewer, which main sewer shall be a trunk-line sewer to which lateral sewers, constructed as hereinafter provided, may be connected whenever the same are constructed. Whenever it is necessary that any part of a main sewer district have a lateral sewer then the governing body shall have power to create a lateral sewer district and to build and construct a lateral sewer. Intercepting, main and lateral sewer districts shall be created and defined by ordinance and the cost of all such sewers, intercepting, main and lateral, shall be assessed against all lots and pieces of land in the districts as created and such special assessment shall be levied by the city and certified by the city clerk to the county clerk to be placed on the tax rolls for collection, subject to the same penalties and collected in like manner as other taxes.
The procedure used by the city in determining the valuation to be placed on lots and pieces of land in sewer districts, for the purpose of special assessments to pay for the cost of constructing sewers, shall be the same as provided for determining the valuation of lots and pieces of land for the purpose of special assessments to pay for the cost of paving streets in cities of the first class: Provided, however, That no property which has paid its full proportion for a main sewer shall be transferred to any other main sewer district and made liable for the construction of a main sewer therein, nor shall any property which has paid its full proportion for a lateral sewer be transferred to any other lateral sewer district and made liable for the construction of a lateral sewer herein.
The governing body shall have power to rebuild, reconstruct or enlarge any sewer now constructed, or hereafter constructed, whenever in the judgment of the governing body such sewer is inadequate, defective or worn out, and the cost of such rebuilding, reconstruction or enlargement shall be levied on the property benefited by such rebuilding, reconstructing or enlargement in the manner hereinbefore provided in the construction of new sewers.
History: L. 1903, ch. 122, § 149; L. 1911, ch. 99, § 1; L. 1915, ch. 131, § 1; March 22; R.S. 1923, § 13-1013.
The governing body may construct flushing-ditches or conduits, discharging-sewers or outlets for sewers, and connect the same with any creek or river at any point within five miles of the corporate limits of the city, and for this purpose the right of eminent domain is hereby granted.
History: L. 1903, ch. 122, § 150; March 18; R.S. 1923, § 13-1014.
Whenever the governing body shall determine to lay off and condemn a right of way from the corporate limits to a point on such creek or river and to connect sewers therewith, as aforesaid, the governing body may proceed to condemn the same as provided by law.
History: R.S. 1923, § 13-1015; December 27.
Any person through whose lands such flushing-ditch or conduit, discharging-sewer or outlet may be constructed, or who would be otherwise damaged, may give consent thereto in writing, and such writing, with formal acknowledgment, may be recorded in the office of the register of deeds of the proper county, and thenceforth the city shall have the same right to construct and maintain such flushing-ditch or conduit, discharging-sewer or outlet as though such lands and right-of-way had been formally condemned. All costs and expenses occasioned by such condemnation for and the construction of such flushing-ditch or conduit, discharging-sewer or outlet beyond the city limits shall be assessed against the lots and pieces of land in the district or districts for which the same was constructed: Provided, That no sewer be permitted to empty into any stream from which a water supply is obtained within three miles above the point where said water supply is obtained.
History: L. 1903, ch. 122, § 152; March 18; R.S. 1923, § 13-1016.
Before undertaking the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer or any other public improvement of any street, highway, public grounds or public building or facility, or any other kind of public improvement in any city of the first class is commenced or ordered by the governing body, or under its authority, a detailed estimate of the cost of the improvements shall be made under oath by the city engineer (or some other competent person, appointed for such purposes by the governing body). Such estimate shall be submitted to the governing body for its action thereon. In all cases where the estimated cost of the contemplated building, facility or other improvement amounts to more than $2,000, sealed proposals for the improvement shall be invited by advertisement, published by the city clerk once in the official city paper. The governing body shall let all such work by contract to the lowest responsible bidder, if there is any whose bid does not exceed the estimate.
If no responsible person proposes to enter into the contract at a price not exceeding the estimated cost, all bids shall be rejected and the same proceedings as before repeated, until some responsible person by sealed proposal offers to contract for the work at a price not exceeding the estimated cost. If no responsible bid is received within the estimate, the governing body shall have power to make the improvement within the estimated cost thereof, and shall further have the power to purchase the necessary tools, machinery, apparatus and materials; employ the necessary labor; and construct the necessary plant or plants for the purpose of carrying into effect the provisions of this act. In no case shall the city be liable for anything beyond the estimated cost or the original contract price for doing such work or making such improvements.
Before any type of public improvements is commenced, the money to pay for the same must be available in the city treasury as provided by law or provision may be made for the issuance of internal improvement bonds to pay for any such improvement as provided by law. This section shall not be construed to include any repair or maintenance work not amounting to substantial alteration, addition or change in any structure, street or facility. "Public improvement" as used herein shall not include the making of repairs or the maintenance of any building, street, sidewalk or other public facility in such cities by employees of such cities or the making of any expenditures from the city budget for such purposes.
History: L. 1903, ch. 122, § 153; L. 1909, ch. 68, § 1; L. 1913, ch. 90, § 1; L. 1917, ch. 99, § 1; R.S. 1923, § 13-1017; L. 1953, ch. 81, § 1; L. 1981, ch. 173, § 35; July 1.
Revisor's Note: Section transferred to 12-6,110.
Revisor's Note: Section transferred to 12-631t.
Revisor's Note: Section transferred to 12-631u.
Revisor's Note: Section transferred to 12-631v.
Revisor's Note: Section transferred to 12-631w.
Revisor's Note: Section transferred to 12-631x.
The governing body of any city of the first class having a population of 95,000 or more in this state shall have the power to provide for one or more systems of disposal works, or additions to systems already built, for the purification of the sewage of the city or any part thereof or draining into the sewage system of the city, and to build, operate and maintain such disposal works as the governing body may designate.
The cost and expense of building the same shall be borne by the city as a whole, and may be paid out of the general revenue fund; or if the governing body so determine, improvement bonds of the city may be issued therefor and the proceeds from the sale of such bonds to be used in paying for the same, including engineering expense prior to construction, for which bonds may be issued if the governing body so determine, as hereinafter provided. Sewage-disposal works as used herein includes sewage-disposal plant, necessary sewers and drains from existing outlets to the plant and from the plant to a creek, ravine or river where sewage may be drained, necessary pumping plants, force mains, and all appurtenances necessary to construct a complete disposal works for the disposal of sewage.
History: L. 1929, ch. 123, § 1; March 7.
The governing body of any such city may construct sewage-disposal works within the city limits of any city or within five miles of the city limits of any such city, and such governing body shall have the power and authority to construct and maintain sewers and drains, pumps and other appurtenances thereof, from the corporate limits of said city to any creek, ravine or river within five miles thereof; and shall have the power and authority to construct and maintain sewers, drains, pumps and other appurtenances thereto from any sewage-disposal plant to connect with any creek, ravine or river within five miles of such disposal plant.
History: L. 1929, ch. 123, § 2; March 7.
The governing body of any such city shall have the power to condemn or acquire by purchase lands for the construction of sewage-disposal plants and lands or any easements therein or rights-of-way necessary for the construction and maintenance of sewers, drains, pumps and other appurtenances provided herein: Provided, Any person, through whose lands such sewers or drains may be constructed or upon whose lands such disposal works may be built, or who would otherwise be damaged, may give consent thereto in writing, and such writing, without formal acknowledgment, may be recorded in the office of the register of deeds of the proper county and thenceforth the city shall have the same right to construct such works as though such lands had been formally condemned.
History: L. 1929, ch. 123, § 3; March 7.
All the cost and expenses of construction of any such disposal works, including the purchase or condemnation of land therefor and including the purchase or condemnation of land for the construction of sewers, drains, pumps and other appurtenances within or without the city used in connection with such disposal works, including engineering expense prior to construction and costs of a special election, if held, for which bonds may be issued if the governing body determine, as hereinafter provided, shall be borne by the city as a whole and paid out of the general revenue fund or by the issuance of internal improvement bonds. Such bonds shall be issued as provided by law, and shall not be issued in excess of the amount of the improvement. The bonds issued under this act shall not be included in fixing the limit of the bonded indebtedness of the city issuing such bonds.
History: L. 1929, ch. 123, § 4; L. 1983, ch. 49, § 57; May 12.
The governing body of such city shall provide for the payment of said bonds and the interest thereon as the same become due and payable by the levy of a general tax on all taxable property in such city. And the governing body of any such city is hereby authorized to levy an annual tax on all real, personal and mixed property in such city, to be used exclusively for the purpose of maintaining and operating sewage-disposal works. The revenue derived from such tax shall be kept in a separate fund by the city treasurer and shall be used for no other purpose: Provided, however, That before said bond issue shall be made, the issuance thereof and the building of said plant shall be submitted to the vote of the citizens of said city at a general or special election, said time to be selected by the governing body of said city, and on the ballot of said general or special election there shall be written the following: "Shall sewage-disposal plant be built by the issuance of bonds? Two squares, one followed by the word 'Yes' and one followed by the word 'No,' and a cross shall be marked in the square indicating the voter's intent." A majority of the votes cast at said election on said proposition shall govern, and the governing body be guided thereby: Provided, however, That the governing body of said city may issue internal improvement bonds in a sum not exceeding $25,000 without submitting such issue to the vote of the people, for the purpose of making a preliminary survey, employing engineers for such work and making plans and specifications for such sewage-disposal plant, and for paying costs of a special election, if held.
Any person, firm or corporation outside of the city limits and now discharging sewage into the sewage system of the city, or who shall hereafter discharge sewage into said sewage system, shall be required to pay a fair and reasonable compensation annually to the city for the maintenance and operation of said disposal plant. The amount of compensation shall be fixed by the governing body of said city and shall be based upon the amount and character of the sewage so discharged, the cost of operation and maintenance, the capital invested and obsolescence of said disposal plant.
Any person, firm, corporation, association, municipality or any body politic operating outside of the city limits who may hereafter desire to use the sewer system of any such city, or who shall use the same, shall, after the construction of such sewage-disposal plant and before discharging any sewage into the sewage system of such city, secure a permit from the governing body of such city for the purpose of discharging sewage into the sewage system of such city, and shall pay a fair and reasonable compensation annually, having regard for the amount and character of sewage discharged into the sewer system of such city, the maintenance, operation, capital invested and obsolescence of said disposal plant, which amount of compensation shall be determined by the governing body of the city.
The amount to be paid by such person, firm, corporation, association, municipality or any body politic outside of such city may be readjusted from time to time, and in no case shall such permit or compensation amount be fixed for a period to exceed five years. Such funds so collected shall be used by the governing body of the city in defraying the expense of maintaining and operating such disposal plant: Provided, however, That the governing body of any such city may, at its discretion, provide by ordinance for the collection of sewer rental charges to cover maintenance and operating costs of the sewage-disposal plant, and may apportion such charges among those discharging sewage into said sewer system in proportion to the quantity and strength of sewage produced and discharged into said sewage system.
History: L. 1929, ch. 123, § 5; March 7.
If any part or parts of this act are held to be unconstitutional, the remaining part or parts thereof shall not be affected thereby.
History: L. 1929, ch. 123, § 6; March 7.
Whenever it shall be made to appear by the passage of a resolution finding and declaring it necessary so to do that public property belonging to any city having a population of more than one hundred twenty thousand (120,000), be provided with sewers, such city is hereby authorized to build such sewers as they find to be necessary and to issue the general-improvement bonds of such city and to sell the same to provide the funds to pay for the construction of such sewers: Provided, That the amount of bonds that may be issued in any one year for such purpose shall not exceed the sum of fifty thousand dollars ($50,000): And provided further, That such sewers may be built separate from, or in connection with, or connected to, the general sewer system of said city.
History: L. 1937, ch. 149, § 1; L. 1941, ch. 122, § 11; L. 1953, ch. 82, § 1; June 30.
History: L. 1903, ch. 122, § 156; R.S. 1923, § 13-1019; Repealed, L. 1974, ch. 57, § 2; July 1.
History: L. 1903, ch. 122, § 157; R.S. 1923, § 13-1020; L. 1963, ch. 234, § 28; Repealed, L. 1975, ch. 88, § 1; July 1.
History: L. 1903, ch. 122, § 158; R.S. 1923, § 13-1021; Repealed, L. 1963, ch. 234, § 103; January 1, 1964.
History: R.S. 1923, § 13-1022; L. 1963, ch. 234, § 29; Repealed, L. 1975, ch. 88, § 1; July 1.
Private property may be purchased or condemned for streets, alleys, levees, market houses, market places, depot grounds, bridges or approaches thereto, public buildings, sewers, to acquire stone quarries or other material for the improvement of the streets and alleys, or other public improvements, and for public parks within or without the city, as may be hereafter needed or required for the use of the city.
History: L. 1903, ch. 122, § 161; March 18; R.S. 1923, § 13-1023.
History: R.S. 1923, § 13-1024; L. 1943, ch. 93, § 6; L. 1947, ch. 139, § 1; L. 1949, ch. 134, § 1; L. 1953, ch. 83, § 1; Repealed, L. 1955, ch. 90, § 3; June 30.
For the purpose of paying for any bridge, viaduct, public building, including the land necessary therefor, for lands for public parks and developing the same, within or without the city, for the establishment and construction of crematories, desiccating or reduction works, including the land necessary therefor, within or without the city, or for the improvement, repair or extension of any waterworks, sewage disposal plant, electric light plant, crematory, desiccating or reduction works or other public utility plant owned by the city, and for the purpose of rebuilding, adding to or extending to the same from time to time, as the necessities of the city may require, the city may borrow money and issue its bonds for the same: Provided, That no bonds shall be issued for such purposes unless the same were authorized by a majority of the votes cast at an election held for that purpose: Provided further, That any city of the first class may issue the bonds of such city for the purpose of paying for any of the improvements mentioned in this section and the land necessary therefor without such bonds having been authorized by a vote of the people, but the total amount of bonds issued for such purposes shall not exceed the sum of one hundred thousand dollars ($100,000) in any one year: Provided further, That any city of the first class having a population of more than twenty-five thousand (25,000) and less than thirty thousand (30,000) may in the year 1968, issue bonds of such city in an amount not exceeding the sum of one hundred seventy-five thousand dollars ($175,000) for the purpose of paying for any of the improvements mentioned in this section and the land necessary therefor without such bonds having been authorized by a vote of the people.
History: L. 1955, ch. 90, § 1; L. 1968, ch. 137, § 1; March 26.
Any city may construct any bridge or viaduct within the city or without such city but not in excess of one mile therefrom; any such bridge or viaduct may be built in conjunction with the county in which such city is located; such city and county are hereby authorized to enter into agreement for the construction of such bridge or viaduct either between themselves, with any agency of the federal government, with the state or any agency thereof, or with any person or corporation whatsoever; such an agreement may provide for the division of the costs of construction, operation and maintenance of such bridge or viaduct, for the manner of obtaining engineering and bids, and all other matters relating thereto in the public interest; such city may acquire the necessary land for such building by purchase, gift, eminent domain or otherwise and if said land is acquired by eminent domain, the procedure provided by article 2 of chapter 26 of the Kansas Statutes Annotated, and any amendments thereto, shall be followed by the city and the title acquired by such city shall be fee simple absolute; such city is authorized to issue general improvement bonds of the city to pay for all or part of the cost of constructing such bridge or viaduct and acquiring the land necessary therefor; such county is authorized to issue general improvement bonds of such county to pay for all or part of the cost of constructing such bridge or viaduct: Provided, That no such bonds shall be issued by such city or county except as authorized by K.S.A. 13-1024a until the same have been authorized by a majority vote of the electors of such city or county: Provided further, That such city and county shall levy taxes to pay the principal and interest of such bonds, and none of the restrictions or limitations respecting the amount of city or county indebtedness contained in any of the statutes of the state of Kansas shall apply to or in any way affect the issuance of bonds authorized by this section, nor shall the amount of such bonds be counted in computing the indebtedness of such county or city: Provided further, That for the purposes named herein the county may pay its agreed share of the total cost of any project from the special bridge fund provided for in K.S.A. 68-1135 and 68-1136.
History: L. 1955, ch. 90, § 2; June 30.
The governing body of any city of the first class having a population of over two hundred thousand (200,000) is hereby authorized to issue bonds of the city without an election for the purpose of paying for the construction, purchase or improvement of any public improvement, including the land necessary therefor, and for the purpose of rebuilding, adding to or extending the same as the necessities of the city may require, and for the purpose of paying for mobile radio equipment, library bookmobiles and equipment therefor: Provided, That the total amount of bonds issued for such purposes in any one year shall not exceed the sum of two hundred thousand dollars ($200,000). Such bonds shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law. The provisions of this act are supplemental to all other statutes relating to such improvements and, subject to the limitations hereof, shall not be construed to prevent the city from using other available statutes.
History: L. 1959, ch. 102, § 1; L. 1961, ch. 85, § 1; May 1.
History: L. 1903, ch. 122, § 163; L. 1913, ch. 90, § 3; L. 1915, ch. 116, § 1; L. 1919, ch. 130, § 1; R.S. 1923, § 13-1025; L. 1953, ch. 83, § 2; Repealed, L. 1955, ch. 90, § 3; June 30.
History: L. 1925, ch. 109, § 1; Repealed, L. 1947, ch. 127, § 1; April 11.
History: L. 1927, ch. 259, §§ 1–12; Repealed, L. 1951, ch. 131, § 1; June 30.
In any city of the first class having a population in excess of sixty thousand (60,000) owning or having under its care and control any bridges or viaducts that are to be maintained at the expense of the city at large, in order that said bridges or viaducts may be maintained and kept in a safe, usable condition, or when necessary be replaced, said city may from time to time, whenever the governing body shall pass an ordinance declaring it necessary, issue internal-improvement bonds in payment of any such replacement or repairs thereon, which bonds shall be a lien on the city at large.
History: R.S. 1923, § 13-1026; L. 1945, ch. 114, § 1; L. 1963, ch. 97, § 1; June 30.
History: L. 1925, ch. 220, § 1; Repealed, L. 1953, ch. 64, § 1; June 30.
History: L. 1913, ch. 95, § 1; R.S. 1923, § 13-1027; Repealed, L. 1959, ch. 68, § 1; June 30.
History: R.S. 1923, § 13-1028; Repealed, L. 1959, ch. 68, § 1; June 30.
Cities of the first class may create districts for the purpose of constructing and maintaining pumping stations and main and intercepting sewers, and in creating such districts may include therein the whole or any part of any two or more sewer districts then or theretofore established. The lands which will be especially benefited by the proposed pumping station and sewer or either of them shall constitute such districts, and the boundaries of such districts shall be determined by ordinance. The lots and tracts of land situated in such sewer district shall, regardless of assessments for any pumping station or pumping stations and sewer or sewers theretofore levied thereon, be liable to special assessments for the cost of such pumping stations and sewers, including the cost of acquiring, by condemnation or purchase, lands or any easement or right therein deemed necessary by the governing body for the construction or maintenance of such pumping stations and sewers.
The cost and expense of constructing such sewers and procuring rights of way shall be assessed against the lots or pieces of land contained in the district in which the same are situated, and the special assessment shall be levied by the city and certified by the city clerk to the county clerk, to be placed on the tax rolls for collection, subject to the same penalties and collected in like manner as other taxes. Such city may join with any person, company or corporation owning property adjacent to or adjoining such city, but not within the city, in the construction of such pumping stations and main and intercepting sewers and in acquiring rights of way therefor on such terms and conditions as may be determined on by the governing body of such city. Negotiable bonds may be issued to pay for such pumping stations and sewers, including the cost of lands or any easement or right therein acquired by condemnation or purchase, in the manner provided by law.
History: R.S. 1923, § 13-1029; L. 1955, ch. 91, § 1; June 30.
Cities of the first class shall have the power to condemn or acquire by purchase, lands, or any easement therein, or right of way through the same, necessary for the construction and maintenance of sewers. When the governing body shall deem it necessary to appropriate by condemnation proceedings, any lands or any easement or right therein for the construction or maintenance of any sewer, within or without the limits of such city, they shall proceed as provided by law. Bonds may be issued and special assessments levied for the cost of acquiring lands or a right of way for a sewer, either separately or as a part of the cost of constructing such sewer, as may be found proper or necessary.
History: R.S. 1923, § 13-1030; December 27.
History: L. 1909, ch. 78, § 1; R.S. 1923, § 13-1031; L. 1953, ch. 84, § 1; Repealed, L. 1973, ch. 74, § 1; July 1.
History: L. 1917, ch. 98, §§ 1–4; R.S. 1923, §§ 13-1032–13-1035; Repealed, L. 1975, ch. 349, § 2; July 1.
History: L. 1939, ch. 246, § 1; Repealed, L. 1953, ch. 64, § 1; June 30.
History: R.S. 1923, § 13-1036; L. 1949, ch. 135, § 1; L. 1957, ch. 88, § 8; Repealed, L. 1959, ch. 68, § 1; June 30.
History: L. 1921, ch. 118, § 1; R.S. 1923, § 13-1037; L. 1941, ch. 126, § 1; L. 1949, ch. 136, § 1; Repealed, L. 1974, ch. 75, § 1; July 1.
Whenever, in the judgment of the governing body of any city of the first class in the state of Kansas, it becomes expedient and a public necessity to recurb, regutter, resurface or repave or repair any street or alley or any portion thereof in said city, the governing body of said city may, by resolution, so declare the necessity for and cause said improvement to be made regardless of protest or remonstrance, as herein provided.
All proceedings relating to such improvements and to the assessment of benefits for the payment of the costs thereof and for the issuance of bonds shall be the same as provided by law in case of pavement regardless of protest in the first instance, except as otherwise herein provided: And provided further, That no street or alley or any portion thereof shall be recurbed, reguttered, resurfaced or repaved, under the provisions of this act until at least ten (10) years have elapsed subsequent to the date of the completion of such original improvement.
History: L. 1921, ch. 118, § 2; R.S. 1923, § 13-1038; L. 1941, ch. 126, § 2; June 30.
After the resolution has been passed and published the city may then proceed to improve said street or alley in the manner herein authorized as if an original improvement.
History: L. 1921, ch. 118, § 3; March 1; R.S. 1923, § 13-1039.
The city at large shall pay one-third of the entire cost of the improvements above authorized and the property liable to special assessment for similar improvement in the first instance shall pay two-thirds of the cost of said recurbing, reguttering, resurfacing or repaving, and the same shall be assessed against the benefit district and apportioned among the various lots, tracts, pieces and parcels of land within the benefit district in the same manner as is provided for the construction of similar improvements in the first instance: Provided, That in cities having a population of more than fifteen thousand (15,000) and less than one hundred ten thousand (110,000) the city at large may pay the entire cost of resurfacing of any such streets and issue bonds in payment of the cost thereof in the same manner as provided for paying the cost of paving assessed to the city at large.
The city at large shall pay the entire cost of the repairing of any such streets and bonds may be issued for the cost of such repairs in the same manner as bonds are issued to pay the cost of paving assessed to the city at large. All ordinances, notices, bonds and special meetings to hear complaints, assessments, spreading and collecting taxes, and proceedings shall be the same as for similar improvements in the first instance.
History: L. 1921, ch. 118, § 4; R.S. 1923, § 13-1040; L. 1941, ch. 126, § 3; L. 1949, ch. 136, § 2; April 8.
History: L. 1921, ch. 120, § 1; R.S. 1923, § 13-1041; Repealed, L. 1959, ch. 71, § 7; June 30.
Whenever any street, boulevard or alley in any city of the first class having a population of over 95,000 shall have been graded, guttered, curbed, paved or macadamized, the governing body may, when it deems it necessary, by resolution find that the pavement, guttering, curbing or macadamizing is useless; and it may recurb, repave or remacadamize any such street, boulevard or alley: Provided, Said street, boulevard or alley has been paved for a period of ten years; and said repaving, recurbing or remacadamizing may be done by resolution and the cost thereof taxed against the property, as is now provided by law.
History: L. 1921, ch. 122, § 1; May 25; R.S. 1923, § 13-1042.
History: L. 1909, ch. 78, § 2; L. 1911, ch. 91, § 1; L. 1921, ch. 119, § 1; R.S. 1923, § 13-1043; Repealed, L. 1931, ch. 116, § 1; February 17.
History: L. 1917, ch. 93, § 1; R.S. 1923, § 13-1044; Repealed, L. 1959, ch. 68, § 1; June 30.
History: R.S. 1923, §§ 13-1045, 13-1046; Repealed, L. 1975, ch. 90, § 1; July 1.
History: L. 1917, ch. 94, § 3; R.S. 1923, § 13-1047; Repealed, L. 1975, ch. 90, § 1; July 1.
History: L. 1917, ch. 94, § 4; R.S. 1923, § 13-1048; L. 1963, ch. 234, § 30; Repealed, L. 1975, ch. 90, § 1; July 1.
History: L. 1917, ch. 94, §§ 5–7; R.S. 1923, §§ 13-1049–13-1051; Repealed, L. 1963, ch. 234, § 103; January 1, 1964.
History: R.S. 1923, § 13-1052; Repealed, L. 1975, ch. 90, § 1; July 1.
History: L. 1917, ch. 94, § 9; R.S. 1923, § 13-1053; Repealed, L. 1975, ch. 90, § 1; July 1.
History: L. 1919, ch. 113, § 1; R.S. 1923, § 13-1054; Repealed, L. 1959, ch. 68, § 1; June 30.
Revisor's Note: Section transferred to 12-631q.
Whenever the governing body of any city of the first class shall determine that it is necessary to build and construct one or more main sanitary interceptor sewers or one or more main storm water sewers or drains for the purpose of carrying off storm water from the streets, avenues and alleys of such city, it may by ordinance order and provide for such main sewers or drains to be constructed within the corporate limits of such city or outside of but within five (5) miles of such corporate limits and in such ordinance shall designate where such main sewers or drains shall commence and outline the same to the point or points of outlet or escape. The governing body of such city shall be the sole judge of whether any sanitary sewer is a main sanitary interceptor sewer or any storm water sewer or drain is a main storm water sewer or drain for the purposes of this act. The building and construction of main sewers or drains shall be at the expense of the city at large and shall be upon plans and specifications of the city engineer or engineers employed by the city, and may be built by the city or let to the lowest responsible bidder, as the governing body shall deem best.
History: L. 1951, ch. 173, § 1; L. 1968, ch. 348, § 1; L. 1969, ch. 96, § 1; April 19.
For the purpose of paying for any main sanitary interceptor sewers or one or more main storm water sewers or drains ordered constructed under this act, the governing body may issue general obligation bonds of the city. Such bonds shall be issued, registered, sold and delivered in accordance with the provisions of the general bond law and may be issued without a vote of the electors. Bonds issued under the authority of this act shall be in addition to and not subject to or within any bonded debt limitation prescribed by any other law of this state. Bonds issued to pay the cost of main sanitary interceptor sewers may be retired from funds received from sewage service charges.
History: L. 1951, ch. 173, § 2; L. 1968, ch. 348, § 2; L. 1969, ch. 96, § 2; April 19.
The governing body of cities of the first class having a population of 25,000 or more shall have power to build floodgates in sewers that empty through dikes built by the city for the purpose of preventing water in flood time from flooding portions of the city protected by such dikes; and to build intercepting sewers for the purpose of conducting the sewage to a central point during flood time, and to erect a pumping plant for the purpose of forcing such sewage over the dike to its usual destination.
History: L. 1913, ch. 94, § 1; March 10; R.S. 1923, § 13-1056.
For the purpose of paying for the building of such floodgates, intercepting sewers and pumping plants authorized by this act, the governing body of cities of the first class may issue bonds without regard to other indebtedness of the city, in an amount not to exceed one hundred twenty-five thousand dollars, and sell and dispose of the same. The credit of the city issuing such bonds shall be pledged for the payment thereof.
History: R.S. 1923, § 13-1057; December 27.
History: L. 1943, ch. 116, § 1; L. 1945, ch. 115, § 1; L. 1955, ch. 92, § 1; Repealed, L. 1975, ch. 90, § 1; July 1.
Whenever the governing body of any city of the first class having a population of less than 11,500, or any city of the first class having a population of more than 17,500 and less than 25,000, shall determine that it is necessary to build and construct a storm sewer or drain or sewers or drains for the purpose of carrying off storm water from the streets, avenues and alleys of such city, it may by ordinance order and provide for such storm sewer or drain or sewers or drains to be constructed, and it shall in such ordinance designate where such storm sewer or drain or sewers or drains shall commence and outline the same to the point or points of outlet or escape.
History: L. 1949, ch. 159, § 1; L. 1955, ch. 93, § 1; March 14.
The building and construction of the storm water sewers or drains shall be at the expense of the entire municipality and shall be upon plans and specifications of the city engineer or engineer employed by the city and may be built by the city or let to the lowest responsible bidder as the governing body may deem best.
History: L. 1949, ch. 159, § 2; April 7.
For the purpose of paying for each storm water sewer or drain ordered constructed by it under this act, the governing body of any such city may issue general obligation bonds in an amount not exceeding fifty thousand dollars. Such bonds shall be issued, registered, sold and delivered in accordance with the provisions of the general bond law and may be issued without a vote of the electors. Such bonds shall not be subject to or within any debt limitation now or hereafter provided by law.
History: L. 1949, ch. 159, § 3; April 7.
For the purpose of making the improvements provided for in this act, the governing body of such city of the first class shall be the sole judge of the expediency of making said improvement and the issuance of said bonds in payment therefor.
History: L. 1949, ch. 150, § 4; April 7.
History: L. 1913, ch. 93, § 1; R.S. 1923, § 13-1058; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1913, ch. 99, § 1; R.S. 1923, § 13-1059; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1917, ch. 100, § 1; R.S. 1923, § 13-1060; Repealed, L. 1975, ch. 90, § 1; July 1.
History: R.S. 1923, §§ 13-1061–13-1063; Repealed, L. 1975, ch. 90, § 1; July 1.
History: L. 1917, ch. 100, § 7; R.S. 1923, § 13-1064; Repealed, L. 1970, ch. 366, § 22; April 1.
History: L. 1917, ch. 100, § 8; R.S. 1923, § 13-1065; Repealed, L. 1975, ch. 90, § 1; July 1.
History: L. 1915, ch. 126, § 1; R.S. 1923, § 13-1066; Repealed, L. 1969, ch. 97, § 1; July 1.
History: R.S. 1923, § 13-1067; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1919, ch. 125, § 1; R.S. 1923, § 13-1068; L. 1939, ch. 104, § 1; L. 1970, ch. 77, § 2; Repealed, L. 1975, ch. 92, § 1; July 1.
History: L. 1919, ch. 125, §§ 2–5; R.S. 1923, §§ 13-1069–13-1072; Repealed, L. 1975, ch. 92, § 1; July 1.
History: L. 1915, ch. 109, § 1; R.S. 1923, § 13-1073; L. 1951, ch. 152, § 1; L. 1955, ch. 94, § 1; Repealed, L. 1975, ch. 93, § 1; July 1.
Any city of the first class of the state of Kansas having a population of one hundred thousand inhabitants or more, and which has acquired for levee purposes, by purchase, dedication, donation or condemnation, the ownership or control of any tract of land abutting upon or adjacent to any navigable stream or watercourse, is hereby authorized to lease such levee property as provided by this act.
History: L. 1929, ch. 125, § 1; March 8.
The governing body of any such municipality may for the purpose of having such levee property, or any part thereof, improved by the erection thereon of wharfs, warehouses, grain elevators, industrial establishments, docks, and such railroad facilities, as may be required, enter into a contract or lease with any person, firm or corporation for a term of not to exceed ninety-nine years for such rental and upon such conditions as in the judgment of the governing body will be to the best interest of such city.
History: L. 1929, ch. 125, § 2; March 8.
Such lease shall reserve to the city and the state of Kansas, or any other superior governmental authority, the right to establish or reestablish harbor lines, and build and repair dikes along the water front of such property, and said lease shall further provide that the lessee will at his or her own expense construct roads, streets, highways and drives on and across said levee property for the purpose of gaining access to the river front, and said lease shall contain a further provision reserving to said city a strip of ground along said river front for public landing and the erection thereon of public docks and wharfs, and the right to construct sewers, and to lay water and gas mains and conduits beneath the surface, and along, over and across said levee property, and shall further reserve to said city the right to erect poles for cables to carry electric current and for telephone and telegraph wires.
History: L. 1929, ch. 125, § 3; March 8.
Before the lessee shall construct warehouses, grain elevators, industrial establishments, roads, streets or drives, or make any other improvements on said levee property, he or she shall submit to the governing body for its approval detailed plans and specifications of such proposed improvements, and such improvements shall not be made unless such plans and specifications shall be approved by the governing body of such city.
History: L. 1929, ch. 125, § 4; March 8.
History: L. 1927, ch. 133, § 1; L. 1929, ch. 28, § 1; Repealed, L. 1931, ch. 117, § 2; March 9.
History: L. 1931, ch. 117, § 1; L. 1941, ch. 122, § 2; Repealed, L. 1947, ch. 127, § 1; April 11.
History: L. 1927, ch. 133, § 2; L. 1930, ch. 6, § 1; L. 1937, ch. 133, § 1; L. 1943, ch. 100, § 1; Repealed, L. 1947, ch. 127, § 1; April 11.
History: L. 1927, ch. 133, §§ 3–5; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1927, ch. 133, § 6; L. 1930, ch. 6, § 2; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1927, ch. 133, § 7; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1927, ch. 133, § 8; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1927, ch. 133, § 9; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1927, ch. 133, § 10; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1927, ch. 133, § 11; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1943, ch. 101, §§ 1, 2; Repealed, L. 1945, ch. 116, § 1; March 26.
History: L. 1927, ch. 133, § 12; Repealed, L. 1937, ch. 134, § 1; March 25.
History: L. 1929, ch. 132, §§ 1, 2; Repealed, L. 1959, ch. 71, § 7; June 30.
History: L. 1929, ch. 132, § 3; L. 1931, ch. 118, § 1; L. 1947, ch. 140, § 1; L. 1953, ch. 85, § 1; Repealed, L. 1959, ch. 71, § 7; June 30.
History: L. 1933, ch. 44, §§ 1–5 (Special Session); Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1937, ch. 148, § 1; L. 1957, ch. 110, § 1; Repealed, L. 1959, ch. 71, § 7; June 30.
History: L. 1937, ch. 148, § 2; Repealed, L. 1959, ch. 71, § 7; June 30.
History: L. 1937, ch. 148, § 3; L. 1947, ch. 141, § 1; Repealed, L. 1959, ch. 71, § 7; June 30.
History: L. 1937, ch. 148, § 4; Repealed, L. 1959, ch. 71, § 7; June 30.
History: L. 1931, ch. 128, § 1; Repealed, L. 1959, ch. 68, § 1; June 30.
History: L. 1931, ch. 128, § 2; Repealed, L. 1974, ch. 76, § 1; July 1.
History: L. 1931, ch. 127, § 1; L. 1939, ch. 105, § 1; L. 1941, ch. 127, § 1; L. 1955, ch. 95, § 1; Repealed, L. 1959, ch. 71, § 7; June 30.
History: L. 1931, ch. 127, § 2; L. 1935, ch. 109, § 1; L. 1941, ch. 127, § 2; Repealed, L. 1959, ch. 71, § 7; June 30.
History: L. 1931, ch. 127, § 3; Repealed, L. 1959, ch. 71, § 7; June 30.
History: L. 1933, ch. 123, §§ 1, 2; Repealed, L. 1949, ch. 137, § 1; June 30.
History: L. 1937, ch. 147, § 1; L. 1949, ch. 138, § 1; L. 1957, ch. 88, § 9; Repealed, L. 1959, ch. 71, § 7; June 30.
History: L. 1937, ch. 147, § 2; Repealed, L. 1959, ch. 71, § 7; June 30.
History: L. 1945, ch. 125, §§ 1, 2; Repealed, L. 1959, ch. 71, § 7; June 30.
History: L. 1941, ch. 147, § 1; Repealed, L. 1963, ch. 104, § 1; June 30.
History: L. 1941, ch. 147, §§ 2–6; Repealed, L. 1959, ch. 68, § 1; June 30.
The governing body of any city of the first class having a population of over 110,000 inhabitants located in a county with an assessed tangible valuation in excess of $150,000,000 and the governing body of any city of the first class having a population of less than 14,000 is authorized and empowered to contract with the owners of any tract or tracts of land located outside of but within five miles of the corporate limits of such city for the purchase or construction of a sewer to serve such tract or tracts of land or to contract for the processing and disposal of sewage from such tract or tracts of land in any case where the public health of such city will be promoted thereby and where the governing body of such city deems such action otherwise advisable, the cost of such improvements to be paid by the benefit district to be established as is herein provided upon the following conditions:
(a) That such tract or tracts of land described in said contract shall constitute a special sewer district against which the cost of such sewer, together with any easements or rights of way, shall be charged.
(b) In case the sewage from said sewage district is carried through any sewer line owned, controlled or operated by such city, a charge for the use of said sewer shall be made against the special sewer district described in condition (a) hereof.
(c) The lands, improvements and all other property located upon such lands in said sewer district shall be subject to general sewer, sewer maintenance, and sewage disposal taxes in such amount as the governing body of such city may determine and levy, to such sewer district.
(d) The owner or owners of such lands and improvements shall consent that the lands and improvements located within the sewer district shall be taxed in all respects under the provision of this section for sewer facilities and services as provided in subsection (c) hereof and any revenue derived from such tax shall only be used for the benefit of such sewer district.
History: L. 1941, ch. 144, § 1; L. 1947, ch. 137, § 1; L. 1951, ch. 153, § 1; April 4.
Upon the execution of such contract as is provided for in K.S.A. 13-10,107, such city may acquire easements or rights of way for such sewer by purchase or condemnation the same as if such property were located within the corporate limits of the city and may contract for the purchase of a sewer at its actual value or for the construction of such sewer as may be deemed advisable, and issue the bonds of such city for the payment of the cost thereof, the same as if the lands in question were located within the corporate limits of such city.
History: L. 1941, ch. 144, § 2; April 9.
After the execution of a contract as provided for in K.S.A. 13-10,107, the governing body of any such city shall be authorized to assess against the property located in such special benefit district the total cost of such improvements in the same manner as if such property were located within the corporate limits of such city, together with all other sewer taxes as is provided for in this act, and thereafter all ordinances of the city regulating the operation of sewers shall be effective in such district to the same extent and in the same manner as if such district was located within the corporate limits of such city.
History: L. 1941, ch. 144, § 3; April 9.
History: L. 1945, ch. 132, §§ 1–5; Repealed, L. 1951, ch. 143, § 6; June 30.
The governing body of any city located in a county having a population of more than 120,000 and an assessed tangible valuation of more than $150,000,000 may by resolution declare any street to be in its opinion a major traffic street and declare its intention of improving or reimproving such street. Such resolution shall describe in general terms the improvement or reimprovement to be made and shall provide that the cost or a stated percentage of the cost thereof shall be paid by the city at large out of the fund for the improvement and maintenance of streets or by the issuance of bonds. The resolution shall be published once each week for two consecutive weeks in the official city paper. If, within 90 days after the last publication of the resolution, there is filed in the office of city clerk a protest signed by qualified electors equal in number to not less than 2% of those who voted at the last general city election, an election shall be called and held within 90 days after the filing of the protest.
The protest shall be signed personally by each person protesting and shall give the street address of such signer. The protest need not all be on one sheet but each sheet shall bear an affidavit of one of the qualified signers of the protest (whose name need not be on the particular sheet) that the qualified signer personally saw each person whose signature purports to be on the sheet sign the protest and that the person who signed the protest was the person whose name such person signed.
The election procedure shall be substantially as provided for bond elections in K.S.A. 10-120, and amendments thereto. An estimate of the cost of the improvement may or may not be included in the resolution and in the notice of election and in the proposition as stated on the ballot. If no sufficient protest is filed or if there is an election and a majority of those voting at the election vote in favor of the improvement, the governing body shall by ordinance provide for the improvement.
If the cost is to be paid by bonds, temporary notes may be issued as provided by K.S.A. 10-123, and amendments thereto, during the progress of the work, and after the improvement is completed and the total cost ascertained, bonds shall be issued by ordinance. If only a percentage (which shall not be less than 50%) of the cost is paid by the city, the remaining cost shall be assessed against the adjacent real property, without regard to the value of the improvements, to the middle of the block on either side and, as to unplatted territory, as provided in K.S.A. 12-606, and amendments thereto, without regard to grading district and not by blocks. The portion of the cost to be assessed against the property in the improvement district shall be apportioned in the manner provided in K.S.A. 12-608 or 12-6a08, and amendments thereto.
History: L. 1945, ch. 131, § 1; L. 1974, ch. 77, § 1; L. 1981, ch. 173, § 36; July 1.
The city may cooperate with the state or with the federal government or with both in the planning and financing of the improvement and if state or federal funds are available to apply on the cost, the city may enter into such agreements or contracts with the state or federal government as may be necessary.
History: L. 1945, ch. 131, § 2; June 28.
The improvement or reimprovement may include the acquisition of right-of-way to extend or widen the street or for the rounding of corners or for the straightening of the street. The improvement, in addition to permanent construction or reconstruction, may also include necessary bridges, culverts, drainage, gutters, curbing and incidentals. For the purpose of this act, the resolution declaring a street to be a major traffic street shall be conclusive that such street is a major traffic street.
History: L. 1945, ch. 131, § 3; June 28.
This act shall be supplemental to all other acts relating to the improvement of streets, and it shall not prevent the use of other statutes for the improving of any such street.
History: L. 1945, ch. 131, § 4; June 28.
Whenever the governing body of any city of the first class having a population of sixty thousand (60,000) or more shall determine by resolution the necessity to repair the paved streets of such city or any portions thereof which have become damaged to such an extent that passage thereover is difficult and dangerous, then it shall cause to be made by the city engineer or some competent person an estimate under oath of the cost of the improvements so contemplated. The governing body shall at its first regular meeting after the filing of such estimate determine the reasonableness thereof and whether the improvements contemplated shall be made. If such estimate is approved, then the governing body may cause such improvements to be made at the general expense of the city.
History: L. 1949, ch. 160, § 1; L. 1951, ch. 154, § 1; L. 1955, ch. 94, § 2; June 30.
The governing body of said city may contract for the making of such repairs or may purchase or otherwise acquire the necessary tools and machinery to permit the city to make such repairs itself. In neither case, however, shall the cost of such repairs exceed the estimated cost thereof as provided in K.S.A. 13-10,119, nor shall the city be liable for any cost exceeding such estimate.
History: L. 1949, ch. 160, § 2; April 8.
In order to pay the cost of improvements authorized by this act, such city is authorized to issue its general improvement bonds in an amount not exceeding seventy-five thousand dollars ($75,000) in any one calendar year: Provided, Any city having a population of more than sixty thousand (60,000) and not more than one hundred thirty thousand (130,000) is hereby authorized to issue its general improvement bonds in an amount not exceeding one hundred twenty-five thousand dollars ($125,000) in any one calendar year: Provided further, Any city having a population of more than one hundred thirty thousand (130,000) and not more than one hundred fifty thousand (150,000) is hereby authorized to issue its general improvement bonds in an amount not exceeding one hundred thousand dollars ($100,000) in any one calendar year. Such bonds shall be issued as provided by law, but shall not be subject to nor limited by any tax levy limitation or limitations of indebtedness.
History: L. 1949, ch. 160, § 3; L. 1951, ch. 154, § 2; L. 1961, ch. 97, § 1; June 30.
No bonds shall be issued under the authority of this act in excess of the total sum of three hundred seventy-five thousand dollars ($375,000): Provided, In cities having a population of more than one hundred thirty thousand (130,000) and not more than one hundred fifty thousand (150,000), bonds issued under the authority of this act shall not exceed a total amount of three hundred thousand dollars ($300,000).
History: L. 1949, ch. 160, § 4; L. 1951, ch. 154, § 3; L. 1961, ch. 97, § 2; June 30.
Whenever the governing body of any city of the first class having a population of more than one hundred twenty thousand (120,000) and less than two hundred thousand (200,000) shall determine by resolution the necessity to repair the paved streets of such city or any portions thereof which have become damaged to such an extent that passage thereover is difficult and dangerous, then it shall cause to be made by the city engineer or some competent person an estimate under oath of the cost of the improvements so contemplated. The governing body shall at its first regular meeting after the filing of such estimate determine the reasonableness thereof and whether the improvements contemplated shall be made. If such estimate is approved, then the governing body may cause such improvements to be made at the general expense of the city.
History: L. 1955, ch. 114, § 1; April 9.
The governing body of said city may contract for the making of such repairs or may purchase or otherwise acquire the necessary tools and machinery to permit the city to make such repairs itself. In neither case, however, shall the cost of such repairs exceed the estimated cost thereof as provided in K.S.A. 13-10,123, nor shall the city be liable for any cost exceeding such estimate.
History: L. 1955, ch. 114, § 2; April 9.
In order to pay the cost of improvements authorized by this act, such city is authorized to issue its general improvement bonds in an amount not exceeding one hundred thousand dollars ($100,000) in any one calendar year. Such bonds shall be issued as provided by law, but shall not be subject to nor limited by any tax levy limitation or limitation of indebtedness.
History: L. 1955, ch. 114, § 3; April 9.
No bonds shall be issued under the authority of this act in excess of the total sum of eight hundred thousand dollars ($800,000).
History: L. 1955, ch. 114, § 4; L. 1959, ch. 92, § 1; June 30.
History: L. 1961, ch. 100, § 1; Repealed, L. 1975, ch. 94, § 1; July 1.
The governing body of any city of the first class having a population of more than one hundred thousand (100,000) and less than one hundred fifty thousand (150,000), and the governing body of any city located in a county which has been designated as an "urban area" under the constitution of the state, may provide for the creation of storm drainage districts under the provisions of this act.
History: L. 1967, ch. 111, § 1; L. 1968, ch. 174, § 1; July 1.
The governing body of the city shall provide by ordinance for the creation of storm drainage districts. Such ordinance shall designate the district by appropriate name or number, define and fix the boundaries of the district, contain a map showing the location of the same, and shall be published once in the official city newspaper. A certified copy of such ordinance shall be filed in the office of the county clerk and the register of deeds of such county.
History: L. 1967, ch. 111, § 2; April 28.
Whenever a storm drainage district has been created under the provisions of this act, the governing body of the city shall establish a program for the construction, reconstruction, repair and maintenance of storm sewers and drains for the purpose of carrying off storm water from such district and for the purpose of paying the costs thereof, the governing body of such city may levy a tax and may issue bonds of the city in the manner hereinafter provided or may pay such portion of the cost of any improvement from other funds of the city which may be properly used for such purpose, as the governing body may determine.
History: L. 1967, ch. 111, § 3; April 28.
A separate fund shall be created in the city treasury for each storm drainage district and identified by the name or number of such district. The proceeds from tax levies and the sale of bonds or temporary notes authorized under the provisions of this act on behalf of each district shall be credited to the fund of such district. Moneys from such fund shall be used solely for the purpose of paying costs incurred in constructing, reconstructing, repairing or maintaining storm sewers and drains within the district for which such fund was created.
History: L. 1967, ch. 111, § 4; April 28.
The governing body of any city creating a storm drainage district under the provisions of this act is hereby authorized to levy an annual tax of not to exceed three (3) mills upon all of the property located within the district for the purpose of providing funds for the payment of the costs of constructing, reconstructing, repairing and maintaining storm sewers and drains within such district.
History: L. 1967, ch. 111, § 5; April 28.
The governing body of any city which has created a storm drainage district under the provisions of this act may issue general obligation bonds of the city or bonds payable by a tax levy against property located within such district to pay the cost of constructing storm sewers and drains within such districts. Such bonds may either be paid by the watershed district or by the city at large or by a combination thereof. Before any bonds are issued, the governing body of the city shall cause to be published once each week for two consecutive weeks in the official city newspaper a notice of its intention to cause the improvement to be made and to issue bonds of the city to pay the costs thereof. The notice shall describe the improvement proposed to be made and the amount of bonds proposed to be issued. Such bonds may be issued and the improvement made unless a petition requesting an election upon the issuance of such bonds is filed in accordance with this section. Such petition shall be signed by electors equal in number to not less than 10% of the electors who voted at the last preceding regular city election as shown by the poll books and shall be filed in the office of the city clerk within 20 days following the last publication of such resolution. If a sufficient petition is filed within the time provided, no such bonds shall be issued until the governing body of the city shall have submitted the question to and received the approval of a majority of the electors voting on the proposition at an election called and held for such purpose.
Any election called and held and any bonds issued under the provisions of this section shall be in the manner provided by the general bond law.
History: L. 1967, ch. 111, § 6; L. 1981, ch. 173, § 37; July 1.
Revisor's Note: Section transferred to 12-693.
Revisor's Note: Section transferred to 12-6,110.
Revisor's Note: Section transferred to 12-6,111.
Revisor's Note: Section transferred to 12-6,112.
Revisor's Note: Section transferred to 12-6,113.
Revisor's Note: Section transferred to 12-6,114.
Any city having a commission form of government and a population of more than one hundred fifty thousand (150,000) and less than two hundred thousand (200,000) may, by ordinance, establish a special improvement fund in the city treasury, of not to exceed five hundred thousand dollars ($500,000). Such fund shall be used to pay the preliminary cost of any improvement to be financed under a special assessment law or to be financed by general obligation bonds. Such preliminary costs shall include planning, engineering or architect fees and the initial cost of such improvements when ordered by the governing body of the city and until temporary notes, improvement bonds or general obligation bonds have been issued and sold: Provided, That such fund shall be reimbursed from the proceeds of such temporary notes, improvement bonds or general obligation bonds.
Such fund need not be budgeted for expenditures during any year, but the amount thereof shall be stated in the public budget of expenditures. All grants-in-aid or contributions made to the city for planning and preparation of plans for improvements to be financed, or partially financed, by special assessment bonds or general obligation bonds may be credited to the special improvement fund, and the amount of such aid or contribution shall be in addition to the amount of such fund otherwise limited by this section: Provided, That where an election is required to authorize the issuance of bonds by the city, no expenditures shall be made from the special improvement fund until the city has held an election and been authorized to issue bonds; and where bonds may be issued without an election, no expenditures shall be made from this fund until the proper proceedings have been taken to initiate and authorize the bonds.
History: L. 1971, ch. 56, § 1; July 1.
The governing body of any city of the first class located in a county having a population of more than twenty-five thousand (25,000) and less than twenty-seven thousand (27,000) shall have the power to levy an annual tax of not to exceed two mills for a period not to exceed five years upon the taxable tangible property within such city for the purpose of creating a fund to be used for the purpose of reconstructing or repairing any property owned by such city which has been damaged or destroyed by flood waters or conditions resulting therefrom 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 city shall levy such tax until the question of making such levy is submitted to the qualified electors of the city at a special election called for the purpose and approved by a majority of those voting thereon. Such election shall be called, noticed and held in accordance with the provisions of K.S.A. 10-120.
History: L. 1974, ch. 68, § 1; L. 1979, ch. 52, § 59; July 1.
All moneys derived from taxes levied by any city under the authority of K.S.A. 13-10,141 shall be placed in a special flood damage repair fund and shall be used only for the purposes set forth in K.S.A. 13-10,141.
History: L. 1974, ch. 68, § 2; July 1.
History: L. 1974, ch. 68, § 3; Repealed, L. 1990, ch. 66, § 60; May 31.
Revisor's Note: Section transferred to 12-707.
Revisor's Note: Section transferred to 12-708.
Revisor's Note: Section transferred to 12-709.
Revisor's Note: Section transferred to 12-710.
Revisor's Note: Section transferred to 12-711.
Revisor's Note: Section transferred to 12-712.
Revisor's Note: Section transferred to 12-713.
History: L. 1941, ch. 139, § 1; L. 1943, ch. 93, § 4; L. 1957, ch. 111, § 1; Repealed, L. 1965, ch. 131, § 10; June 30.
History: L. 1941, ch. 139, § 2; L. 1955, ch. 96, § 1; Repealed, L. 1965, ch. 131, § 10; June 30.
History: L. 1941, ch. 139, § 3; Repealed, L. 1965, ch. 131, § 10; June 30.
History: L. 1941, ch. 139, § 4; L. 1957, ch. 113, § 1; Repealed, L. 1965, ch. 131, § 10; June 30.
History: L. 1941, ch. 139, § 5; L. 1951, ch. 155, § 1; Repealed, L. 1965, ch. 131, § 10; June 30.
History: L. 1941, ch. 139, § 6; L. 1963, ch. 98, § 1; Repealed, L. 1965, ch. 131, § 10; June 30.
History: L. 1941, ch. 139, § 7; Repealed, L. 1965, ch. 131, § 10; June 30.
History: L. 1957, ch. 111, § 2; Repealed, L. 1965, ch. 131, § 10; June 30.
Any city of the first class which shall have adopted a master street plan for the city and its environs, as provided by K.S.A. 13-1109, may develop such master street plan outside the corporate limits and within three (3) miles thereof in accordance with agreements entered into pursuant to K.S.A. 68-169. The governing body of any such city is further authorized to acquire the necessary rights-of-way and lands for such roads and highways by purchase, gift, dedication or condemnation as provided by law for opening, widening, extending or improving streets, and to pay the necessary costs of such acquisition in the same manner as provided by law for streets within the corporate limits of the city.
History: L. 1957, ch. 112, § 1; June 29.
Whenever the planning commission in cities of the first class having a population of more than sixty thousand (60,000) have filed with the governing body a master plan for the physical development of the city and land outside the city, which plan will require a number of years to execute, and such master plan is approved by the governing body of such city, such city is hereby authorized to issue general obligation bonds in an amount sufficient to carry out such master plan: Provided, No such bonds shall be issued until authorized in the manner provided in K.S.A. 13-1116 by a vote of the electors of such city.
History: L. 1951, ch. 172, § 1; L. 1957, ch. 113, § 2; April 4.
No bonds shall be issued under the provisions of this act unless and until the same are authorized by a vote of the electors of such city.
History: L. 1951, ch. 172, § 2; June 30.
Any bonds issued under the provisions of this act shall not be subject to limitation of bonded indebtedness of such city; nor shall such bonds, whether heretofore or hereafter issued, be included in computing the total amount of bonds which such city may issue under any other statute limiting the amount of bonded indebtedness of such city.
History: L. 1951, ch. 172, § 3; L. 1955, ch. 97, § 1; April 9.
Any city of the first class having a population of more than sixty thousand (60,000) which has held an election and issued bonds in accordance with the provisions of K.S.A. 13-1115 and 13-1116, for the purpose of acquiring sites and constructing and equipping buildings to house and care for municipally owned vehicles and equipment, may use the proceeds of the said bonds for the purpose of acquiring sites for and purchasing, constructing, and equipping buildings to house and care for the municipal vehicles and equipment of such city.
History: L. 1959, ch. 93, § 1; June 30.
History: L. 1903, ch. 122, § 166; L. 1905, ch. 111, § 1; R.S. 1923, § 13-1201; Repealed, L. 1945, ch. 98, § 3; March 20.
History: L. 1903, ch. 122, § 167; R.S. 1923, § 13-1202; Repealed, L. 1945, ch. 98, § 3; March 20.
History: L. 1903, ch. 122, § 169; R.S. 1923, 13-1203; Repealed, L. 1945, ch. 98, § 3; March 20.
History: L. 1903, ch. 122, § 170; R.S. 1923, § 13-1204; Repealed, L. 1945, ch. 98, § 3; March 20.
History: L. 1903, ch. 38, § 1 (Special Session); R.S. 1923, § 13-1205; Repealed, L. 1974, ch. 78, § 1; July 1.
History: R.S. 1923, § 13-1206; Repealed, L. 1974, ch. 78, § 1; July 1.
History: L. 1915, ch. 103, §§ 1, 2; R.S. 1923, §§ 13-1207, 13-1208; Repealed, L. 1977, ch. 54, § 46; July 1.
Any city of the first class in the state of Kansas shall have full power and authority to purchase, construct or extend waterworks for the purpose of supplying such city and its inhabitants with water, and may maintain, operate and regulate the same, and prescribe the rates at which water shall be furnished; and any such city may acquire, by purchase or appropriate proceedings in condemnation, all grounds deemed necessary either within or without the city upon which to erect such works, and upon which to lay pipes and mains for the purpose of conveying water to consumers; and for the purpose of protecting, maintaining and operating such works, any such city shall have the same jurisdiction over any grounds acquired outside of the city for such purposes, as if such grounds were within the city.
History: L. 1911, ch. 87, § 1; March 25; R.S. 1923, § 13-1209.
Any such city shall have the power and authority to issue bonds as provided by law, and the proceeds derived from the sale of the same, or such part thereof as may be necessary, may be used by such city for the purpose of acquiring said grounds and for the purpose of purchasing, constructing or extending such waterworks.
History: R.S. 1923, § 13-1210; December 27.
History: L. 1911, ch. 85, § 1; R.S. 1923, § 13-1211; Repealed, L. 1975, ch. 59, § 1; July 1.
History: R.S. 1923, § 13-1212; Repealed, L. 1951, ch. 131, § 1; June 30.
Whenever a majority of the legally qualified electors voting at an election called and held in any city of the first class having a population of more than fifty thousand, as hereinafter provided, shall vote in favor of the issuance of bonds of such city for the purpose of purchasing, constructing or extending a plant or works for the purpose of supplying such city and its inhabitants with water, gas, electric light or heating, or such part thereof as the governing body of said city may deem necessary, it shall be lawful for the governing body of said city, by ordinance duly passed, to provide for the issuance of the bonds so voted, and to purchase, construct and contract for the construction of such waterworks, gas, electric-light or heating plant.
History: L. 1908, ch. 32, § 1; February 12; R.S. 1923, § 13-1213.
When the governing body of any city of the first class having a population of more than fifty thousand shall desire to procure authority to issue bonds under the provisions of this act, said governing body shall pass an ordinance providing for the calling and holding of an election for the submission of such question to the electors of said city, which election shall be held as provided by law.
History: R.S. 1923, § 13-1214; December 27.
The amount of the bonds which may be issued under the provisions of this act shall not be subject to any statutory limitation on bonded indebtedness, except as herein provided, but no bonds in excess of ten percent (10%) of the assessed valuation of such city shall be issued under the authority of this act.
History: L. 1908, ch. 32, § 4; R.S. 1923, § 13-1215; L. 1978, ch. 69, § 1; July 1.
Any city of the first class having a population of not less than 75,000, for the purpose of aiding it in obtaining terminal, switch or depot facilities, is hereby empowered to grant to any railway company including terminal railway companies, but excluding street railway companies, the privilege of building and maintaining a railway across, over or along any street, alley or public grounds in said city for a period not to exceed 200 years: Provided, however, That no such right, privilege or franchise shall ever be granted until the ordinance granting the same shall have been submitted to the legally qualified voters of such city and approved in the manner hereinafter provided at a general or special election to be held for that purpose.
If at said election, the majority of votes cast shall be for said ordinance and the making of said grant, the same shall thereupon become effective; but if a majority of the votes cast at said election shall be against the said ordinance and the making of said grant, said ordinance shall not confer any rights, powers or privileges of any kind whatsoever upon the applicants therefor but shall be ipso facto null and void. Said proposition shall be submitted subject to all the laws regulating the submission of propositions. All expense of the election shall be borne by the proposed grantee.
History: L. 1913, ch. 102, § 1; March 22; R.S. 1923, § 13-1216.
The ordinances granting such privileges shall be enacted as other ordinances of the city, but the same shall not be subject to any of the special proceedings, requirements or limitations imposed by K.S.A. 13-2801.
History: L. 1913, ch. 102, § 2; March 22; R.S. 1923, § 13-1217.
History: L. 1913, ch. 103, §§ 1, 2; R.S. 1923, §§ 13-1218, 13-1219; Repealed, L. 1953, ch. 64, § 1; June 30.
Any city may establish an administrative agency known as the board of public utilities of such city, to be elected in the manner hereinafter provided. The board shall manage, operate, maintain and control the daily operation of the water plant and electric-light plant of such city, and shall make all such rules and regulations as are necessary for the safe, economical and efficient operation and management of such water plants and electric-light plants. The board may also improve, extend or enlarge the water plants and electric-light plants as hereinafter provided, and furnish a supply of water, light, heat and power for domestic, industrial and municipal purposes.
History: L. 1929, ch. 126, § 1; L. 1980, ch. 72, § 2; L. 2015, ch. 88, § 19; July 1.
(a) The board of public utilities shall consist of six members, three of which shall be nominated and elected by the city at large and three of which shall be elected by the qualified electors of the city within each of the districts established pursuant to subsection (b). Members of the board shall be elected on a nonpartisan basis. Members elected to the board of public utilities after the effective date of this act shall hold their offices for terms of four years, and until their successors are elected and qualified. Each of the members elected from districts shall be qualified voters of the districts from which elected. Elections of members of the board shall be held at the general election in odd-numbered years.
(b) The board shall elect from its own number a president and vice-president and shall appoint a secretary. Any vacancy occurring in the board shall be filled by a majority vote of the members remaining on the board. Where a vacancy has occurred in the membership of any board of public utilities, a member selected to fill such vacancy shall serve until the next November in odd-numbered years election, at which time a successor shall be elected to serve the remainder of the unexpired term, if any.
History: L. 1929, ch. 126, § 2; L. 1931, ch. 119, § 1; L. 1933, ch. 124, § 1; L. 1973, ch. 75, § 1; L. 1977, ch. 66, § 1, L. 1981, ch. 173, § 38; L. 1982, ch. 84, § 1; L. 2015, ch. 88, § 20; July 1.
The appointment of any member of the board of public utilities made prior to the effective date of this act by a number of members remaining on said board which was less than that necessary to constitute a quorum as provided for in K.S.A. 13-1222, is hereby ratified and affirmed.
History: L. 1977, ch. 66, § 6; July 1.
The board shall hold meetings regularly at least once in each week and shall designate the time and place thereof. It shall adopt its own rules of procedures and keep a record of its proceedings. All meetings, records and accounts of the board shall be public. Four (4) members shall constitute a quorum for the transaction of business, and any action by the board shall require an affirmative vote of not less than four (4) members thereof. The salary of the members of the board of public utilities shall be one hundred dollars ($100) per month, and such members shall be entitled to their actual and necessary expenses incurred in the performance of their duties as members of the board of public utilities, but only if such expenses are verified by receipts which shall be available for inspection by the city governing body. Members of the board of public utilities shall be qualified electors of the city.
History: L. 1929, ch. 126, § 3; L. 1967, ch. 104, § 1; L. 1975, ch. 95, § 1; L. 1977, ch. 66, § 2; July 1.
The board of public utilities shall have exclusive control of the daily operation of the water plant and the electric-light plant and shall be charged with the duty of producing and supplying the city and its inhabitants with water and electric energy for domestic and industrial purposes and for public use in the city, and subject to the provisions of K.S.A. 66-104 and 66-131, may sell and dispose of any surplus outside of the city. Except for attorneys, it shall have power to hire and discharge all employees, agents and officers of the water and light departments and fix their compensation. The board may pay the cost of group hospitalization, surgical benefits, and insurance for its employees. The purchasing agent for the board shall purchase all supplies and make all contracts for services and equipment required by the board or any department thereof, and shall keep true and accurate records of all such purchases and contracts. The purchasing agent shall make monthly reports to the board of all purchases made or contracts entered, and for which department such were made. Prior to making a purchase of a commodity other than fuel or entering into a contract for supplies or services, either of which involves an expenditure of more than ten thousand dollars, the purchasing agent shall advertise for bids thereon in a daily newspaper designated by the board. No advertisement for bids shall be required in the event of an emergency or for services requiring specialized products or skills.
The board may in the name of and on behalf of the city take and hold by purchase, gift, devise, bequest or otherwise such franchises and real or personal property either within or without the city as may be necessary or convenient to carry out the purposes for which it is established but no real property or improvements thereon shall be sold by the board unless such sale is approved by the governing body of the city.
It shall be the duty of the governing body of the city when requested by the board to enact such ordinances as may be deemed necessary by the city for the protection of the water and light plants, and to institute condemnation proceedings whenever, in the judgment of the city, private property should be taken in the name of the city for water plant or electric-light plant purposes. Both the board and the city may establish all reasonable rules and regulations to protect the rights and property vested in the city and under control of the board. Both the board and the city may issue vouchers or warrants in payment of all claims and accounts incurred by the board for the respective departments, which vouchers or warrants when approved by either the board or the city shall be authority to the city treasurer acting in the capacity of the ex officio treasurer of the board to pay and charge the same against the proper funds. The board also shall have such other powers as may be necessary for the proper discharge of its duties.
The board may sue and be sued but only in the name of and on behalf of the city except it shall have no standing in any court as a party plaintiff in any litigation against the city.
The board or any employee of the board shall be personally liable for any expenditure or loss incurred by the city through failure or refusal of the board, or such employee, to comply with any ordinance adopted by such city under authority granted by this act, or the act of which this section is amendatory.
History: L. 1929, ch. 126, § 4; L. 1967, ch. 105, § 1; L. 1968, ch. 333, § 5; L. 1977, ch. 66, § 3; L. 1980, ch. 72, § 3; April 14.
The board of public utilities shall, at the direction of the governing body of the city, bill, collect and enforce collection of sewer service charges through the administrative departments of the board in accordance with rules and regulations and on terms and conditions established by the governing body of the city.
History: L. 1980, ch. 72, § 22; April 14.
The board of public utilities shall appoint a manager of production and distribution of the waterworks and electric-light plants to serve at the pleasure of the board. Such manager of production and distribution: (1) Shall be an engineer not less than thirty years of age, with not less than five years' experience in the supervision and operation of water and electric plants; (2) shall manage and control the water plant and electric-light plant and their respective distribution systems; (3) shall inspect all parts of the plants and see that they are maintained in good condition for use and that all employees attend to their respective duties; (4) shall keep in good repair all machinery and other property; and (5) shall advise the board as to the needs of the plants.
Except for office employees, all officers, employees, servants and agents of the water plant and electric-light plant shall be under the immediate control and management of the manager. A bond to the city in a sum to be fixed by the board conditioned on the faithful performance of the manager's duties shall be obtained and paid pro rata out of the revenue of the departments.
History: L. 1929, ch. 126, § 5; L. 1980, ch. 72, § 4; April 14.
The board of public utilities shall appoint a manager of collections and accounts to serve at the pleasure of the board and who: (1) Shall keep a regular set of books for the water plant and the electric plant, showing in detail the business transactions of each of the plants; (2) shall be an accountant not less than thirty years of age and with not less than five years' experience in utility accounting; (3) shall have general supervision and charge of all office employees of the departments; and (4) shall monthly make a complete report to the board and to the governing body of the city, showing the transactions of the preceding month and the financial condition of the water department and the electric-light department. Such report shall also include a correct account of all collections, appropriations, expenditures and approved claims entitled to payment.
A bond to the city in a sum to be fixed by the board conditioned on the faithful performance of the duties of the manager and any assistants shall be obtained and paid pro rata out of revenue of the departments.
History: L. 1929, ch. 126, § 6; L. 1980, ch. 72, § 5; April 14.
Except for attorneys, the board of public utilities shall make all appointments and hire all officers, agents, servants and employees in the waterworks and electric-light plant and fix their compensation and determine their qualification, and shall have regard alone to relative capacity of applicants, their moral, physical and health qualifications, and when appropriate, their qualifications for manual labor. All appointments shall be made on the basis of their merit alone, and no appointment shall ever be made on account of political services or affiliations. Such officers, agents, servants and employees shall serve at the pleasure of the board. The board shall have no power to retain or pay attorneys or obtain legal services except as herein provided. All legal services needed by the board shall be provided by the city attorney's office. The cost of such services shall be paid by the city treasurer acting in the capacity of ex officio treasurer of the board from funds of the board upon presentation of vouchers or warrants authorized by the city commission.
History: L. 1929, ch. 126, § 7; L. 1980, ch. 72, § 6; April 14.
The board of public utilities shall fix reasonable rates for water furnished to consumers which: (1) Will secure an income sufficient to pay all salaries and wages of all officers and employees in such departments; (2) will cover the cost of all materials and supplies used in the operation of the plant; (3) will cover the cost of all repairs; (4) will cover all miscellaneous expenses; (5) will pay the principal of and the interest on all revenue bond indebtedness of the city incurred for the purpose of purchasing, improving or extending the waterworks, and will provide a sinking fund sufficient to pay the principal of and the interest on such indebtedness at maturity; and (6) will cover the cost of all repairs and renewals of the plant and all material used, together with a reasonable allowance for emergency and unforeseen expenses. Upon direction of the city, the board shall install, repair, replace and remove fire hydrants at a reasonable cost determined by the city and shall provide an adequate water supply through such hydrants at a reasonable cost determined by the city. The city may fix special rates for water furnished to the city for public purposes, or to organized institutions of charity.
History: L. 1929, ch. 126, § 8; L. 1977, ch. 66, § 4; L. 1980, ch. 72, § 7; April 14.
The board of public utilities shall fix reasonable rates for electricity furnished to consumers which: (1) Will secure an income sufficient to pay all salaries and wages of all officers and employees in such department; (2) will cover the cost of all materials and supplies used in the operation of the plant; (3) will cover the cost of all repairs; (4) will cover all miscellaneous expenses; (5) will pay the principal of and the interest on all revenue bond indebtedness of the city incurred for the purpose of purchasing, improving or extending the electric-light plant and will provide a sinking fund sufficient to pay the principal of and interest on such indebtedness at maturity; and (6) will cover the cost of all repairs and renewals of the plant and all material used, together with a reasonable allowance for emergency and unforeseen expenses. Upon direction of the city, the board shall install, repair, maintain and replace street lighting equipment and traffic signal equipment at a reasonable cost determined by the city, and shall provide an adequate supply of electricity to such street lights and traffic signals at a reasonable cost determined by the city. The city may fix special rates for electricity furnished to the city for public purposes.
History: L. 1929, ch. 126, § 9; L. 1977, ch. 66, § 5; L. 1980, ch. 72, § 8; April 14.
Prior to the effective date of an increase in any rate fixed pursuant to the authority of K.S.A. 13-1227 or 13-1228, the board of public utilities shall hold a public hearing for the purpose of presenting to the public the findings of the board supporting the reasonableness of the proposed rate increase. The findings shall include all pertinent financial data, supporting documents and analysis relating to the rate increase. Any affected utility customer may appear at the public hearing and present testimony of witnesses under oath, conduct cross-examination of employees and representatives of the board, present oral argument and file written briefs in support of such customer's position. Notice of the time and place of the public hearing and the amount of the proposed rate increase shall be given by publication in a newspaper of general circulation in the city which owns the public utility at least 90 days prior to the public hearing. Not less than 90 days prior to the public hearing, the board shall make available for review by any affected customer during regular business hours the financial data, supporting documents and analysis in possession of the board which substantiates the findings supporting the proposed rate increase. The public hearing shall be conducted pursuant to procedures adopted by the board not inconsistent with the provisions of this section. A transcript shall be made of the public hearing and copies of the transcript shall be made available to the public upon payment of the cost thereof. The public hearing may be continued by the board from time to time and within five days after its completion, the board shall fix such rates as it deems justified pursuant to its findings and the evidence presented at the public hearing.
History: L. 1980, ch. 72, § 9; L. 1981, ch. 81, § 1; L. 1982, ch. 85, § 1; July 1.
As used in this act:
(a) "Party" means any affected utility customer who intervened at the public hearing of the board held pursuant to K.S.A. 13-1228a, and presented testimony of witnesses under oath, conducted cross-examination of employers and representatives of the board, presented oral arguments, and filed written briefs. "Party" does not mean a person who made a limited appearance for the purpose of presenting a statement for or against a rate decision of the board.
(b) "Decision" means any rate decision of the board made pursuant to K.S.A. 13-1228a.
History: L. 1982, ch. 85, § 2; July 1.
Not later than 30 days after the decision of the board is rendered on a proposed rate increase pursuant to K.S.A. 13-1227 or 13-1228, any party may apply to the district court in the county in which the utility's administrative offices are located for a review of the decision.
History: L. 1982, ch. 85, § 3; July 1.
Upon the application for review by a party, the clerk of the district court shall serve a copy of such application upon the board. The secretary of the board shall notify by certified mail all parties that such an application for review has been filed.
History: L. 1982, ch. 85, § 4; July 1.
The secretary of the board upon receipt of the copy of the application for review shall transmit to the clerk of the court a certified transcript of all pleadings, applications, proceedings and decisions of the board and of the evidence heard by the board on the public hearings of the matter or cause. The parties, with the consent and approval of the board, may stipulate in writing that only certain portions of the record be transcribed.
The district court shall review the transcript of the public hearings for the purpose of determining the lawfulness or reasonableness of the board's decision. The court shall have the power to vacate or set aside the board's decision if it determines the findings of the board do not substantiate the reasonableness of the proposed rate increase or that the findings are contrary to law.
After the transcript is filed with the clerk of the court, the court shall fix a date for the filing of briefs and for the hearing of the cause. The review proceedings shall have precedence over all other matters in the district court in which it is pending and shall be heard by the court without a jury. Except as provided in this section, the procedure for the review shall be the same as in other civil actions.
History: L. 1982, ch. 85, § 5; July 1.
Upon request of the petitioning party, any utility rate increase which is the subject of review shall be stayed in whole or in part, as requested, upon the filing of the petition. Upon request of the board, the district court shall set a hearing upon five days' notice to determine whether the stay should be continued. If the stay or suspension is continued, the order granting the same shall contain a specific finding based upon evidence submitted to the court and identified by reference thereto, that petitioner would probably prevail on the merits that the board's rate decision was unlawful or unreasonable.
History: L. 1982, ch. 85, § 6; July 1.
If the court finds the decision of the board is lawful and reasonable, it shall render judgment sustaining the decision. The clerk of the court shall transmit to the board three certified copies of the judgment of the court. In such event, the board's rate decision will go into effect as of the date such decision was made.
If the court finds the decision of the board is unlawful or unreasonable in whole or in part and vacates or sets aside the decision in whole or in part, the court shall make findings of fact and conclusions of law. Upon final judgment, the clerk of the court shall transmit to the board three certified copies of the judgment of the court and the findings of fact and conclusions of law.
History: L. 1982, ch. 85, § 7; July 1.
The state court of appeals shall have jurisdiction of appeals from decisions of the district court made pursuant to this section. Appellate proceedings shall have precedence in the court of appeals. Notwithstanding the provisions of K.S.A. 60-2101, the state supreme court shall not have appellate jurisdiction of decisions of the district court or state court of appeals rendered pursuant to this section. Except as provided by this section, the procedure upon appeal shall be the same as in other civil actions.
History: L. 1982, ch. 85, § 8; July 1.
All parties to any proceeding before the board in which any rate decision has been rendered or made pursuant to K.S.A. 13-1228a within 30 days prior to July 1, 1982, in which no action has been commenced to set aside or vacate such order, may, before July 11, 1982, apply for rehearing in respect to any matter determined therein, and thereafter all proceedings shall be in accordance with the provisions of this act.
History: L. 1982, ch. 85, § 9; July 1.
If any provision of this act or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or application of the act which can be given effect without the invalid provisions or application and to this end the provisions of this act are declared to be severable.
History: L. 1982, ch. 85, § 10; July 1.
It shall be the duty of the board of public utilities to use the sinking funds herein provided for in the purchase and cancellation from time to time of bonds issued for the purpose of purchasing, improving or extending such waterworks and/or electric-light plants, or to place such bonds in the sinking fund of the water department or the electric-light department at the option of the board of public utilities.
If the board shall be unable to purchase any such bonds, then it shall be its duty to invest the moneys of said sinking funds in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein or in bonds of the state of Kansas, or general improvement bonds of cities of the first and second class, or bonds of any county within the state wherein a city of the first or second class is located, or bonds of unified school districts of this state, or bonds issued or guaranteed by the United States government. All bonds so purchased by the board shall bear the highest rate of interest obtainable at the time of the purchase of the same by the board. Said board shall not buy the bonds of any city wherein the outstanding bonded city indebtedness, exclusive of the bonded debt, created for the purchase or extension of waterworks and/or electric-light plants, exceeds ten percent of its assessed valuation for the preceding year. Said board of public utilities shall not, except by a four-fifths vote of the members thereof, pay for any bonds any greater sum than par, nor shall they pay more than the actual market price thereof at the time of purchasing the same. No such bonds shall be purchased until they have been approved in writing and found valid by a competent attorney.
It shall be the duty of the manager of collections and accounts of the board of public utilities to keep a permanent record of the accounts turned into said sinking fund, and a full description of all bonded indebtedness canceled and retired, and a full description of all bonds bought for said sinking fund, the date of said bonds, rate of interest, when payable, number of coupons attached, when bought, from whom purchased, and the price or rate paid therefor; and the manager of collections and accounts shall cause to be stamped upon the back of each of said bonds the words, "Property of the waterworks and/or electric-light plant sinking fund of the city of __________." Said bonds shall be kept by the city treasurer, and the board shall not sell any such bonds for less than their par value.
The city auditor or city clerk shall also keep a duplicate record of the payment of all such bonds or coupons, and all money received from the payment of all such bonds or coupons shall be reinvested as a part of the sinking fund as hereinbefore provided. It shall be the duty of the manager of collections and accounts of the board of public utilities to report on January 1 of each year the amount of outstanding indebtedness of the waterworks and/or electric-light plants, and to furnish an itemized statement of the moneys and the bonded indebtedness paid off during the preceding year.
History: L. 1929, ch. 126, § 10; L. 1933, ch. 125, § 1; L. 1935, ch. 110, § 1; L. 1977, ch. 54, § 12; July 1.
The treasurer of the city in which the waterworks or electric-light plant is located shall be ex officio treasurer of the board of public utilities. Except as otherwise authorized, all funds and property in the treasurer's hands belonging to the water and light department shall be subject to the control of the board, and it shall be the duty of the treasurer to receive and receipt for daily the money collected by the board, and to pay out the same when ordered by the city or the board upon warrants signed by the mayor and city clerk or chairman or vice-chairman of the board and countersigned by the manager of collections and accounts, certifying that such warrant is issued by authority of the city or the board. The ex officio treasurer shall give a surety bond to the board in such amount as it may deem necessary, the bond to be approved and paid for by the board.
History: L. 1929, ch. 126, § 11; L. 1980, ch. 72, § 10; April 14.
In case the board of public utilities shall deem it necessary and expedient to vote general obligation bonds for the construction, extension or improvement of the water plant and/or the electric-light plant for the purpose of producing and supplying such city and its inhabitants with water and/or electricity it shall be the duty of the mayor of such city, within thirty days after receiving written request from the board, to issue a proclamation for holding an election to vote such general obligation bonds in the amount requested by the board and agreed to by the city.
If a majority of the votes cast at such election shall be in favor of the issuance of such bonds the governing body of such city may issue and sell such bonds in such amounts and at such time or times as are needed, the proceeds thereof to be delivered to the treasurer of the board. The election provided for in this section shall be held in accordance with the general obligation bond election laws of the state of Kansas, and the cost thereof, if held on dates other than the regular city elections, shall be paid by the board.
History: L. 1929, ch. 126, § 12; L. 1980, ch. 72, § 11; April 14.
The amount of general obligation bonds which may be issued under the provision of this act for the purchase or extension of the water and light plants shall not be in excess of ten percent of the assessed valuation of such city regardless of any other debt limitation statute, and they shall not be counted under any statute limiting the issuance of general obligation bonds for other purposes.
History: L. 1929, ch. 126, § 13; L. 1980, ch. 72, § 12; April 14.
History: L. 1929, ch. 126, § 14; Repealed, L. 1980, ch. 72, § 23; April 14.
History: L. 1929, ch. 126, § 15; Repealed, L. 1980, ch. 72, § 23; April 14.
If any provision contained in this act shall for any reason be held invalid it shall not affect the remainder of this act, and this act shall remain in force and effect the same as if such part held to be invalid had not been included herein.
History: L. 1929, ch. 126, § 16; March 14.
The governing body of any city of the first class owning an electric light or waterworks plant, which electric light or waterworks plant is managed and operated by a board of public utilities, is hereby authorized to issue general improvement bonds of such city for the purpose of purchasing equipment and material for modern street lighting and traffic lights or signals for such city.
History: L. 1951, ch. 176, § 1; L. 1968, ch. 260, § 1; July 1.
Before any equipment or material may be purchased under the provisions of this act, the city engineer of such city, and an engineer of the board of public utilities or some other qualified person designated by the governing body of the city shall make under oath an estimate of the cost of such equipment and material together with detailed plans and specifications for such equipment and material to be used, and file the same in the office of the city clerk, and no bonds shall be issued in excess of said estimate.
History: L. 1951, ch. 176, § 2; March 30.
No city shall be authorized to issue bonds in excess of seventy-five thousand dollars ($75,000) in any one year, which bonds may be issued without a vote of the people, and shall be issued as provided by law: Provided, That any such city may issue such bonds in an amount not to exceed one hundred fifty thousand dollars ($150,000) in any one year for not to exceed three (3) years immediately following the effective date of this act.
History: L. 1951, ch. 176, § 3; L. 1967, ch. 106, § 1; July 1.
In each city of the first class having a population of more than one hundred and ten thousand inhabitants which owns and operates a municipal electric-light plant for the purpose of furnishing such city and its inhabitants with electric energy, the governing body of such city is hereby authorized to grant, to an individual, firm or corporation engaged in the business of manufacturing and distributing electric energy, the right to furnish, distribute and sell electric energy to customers within the city, when and only when such customers have first made application to the municipal electric-light plant for a supply of electric energy and the municipal electric-light plant has refused to furnish said electric energy.
History: L. 1929, ch. 127, § 1; May 28.
When granting to any individual, firm or corporation the right to furnish, distribute and sell electric energy to customers within such city, such grant shall be made only through the enactment of an ordinance for such purpose by the governing body of the city. The ordinance shall be read in full at three consecutive regular meetings of the governing body and published in full once each week for two consecutive weeks in the official city paper before becoming effective. The ordinance shall not grant the right to furnish and sell electric energy to more than one customer or grant the right to furnish and sell electric energy to any customer within the city for a period exceeding five years from the effective date of the ordinance.
History: L. 1929, ch. 127, § 2; L. 1981, ch. 173, § 39; July 1.
This act shall not authorize the governing body of any such city to contract with any person, firm or corporation to supply electric energy to the municipal light plant, and the making of any such contract is hereby prohibited: Provided, however, That in the event the municipal light plant is temporarily or partially disabled due to an act of God or the breaking of machinery or equipment, the governing body of such city may contract for a supply of electric energy during, but not to exceed, the time necessary to make repairs to remove such temporary or partial disability.
History: L. 1929, ch. 127, § 3; May 28.
The governing body of any city in this state having a population of at least 115,000 is hereby authorized, without any election or vote of the people, to issue and sell revenue bonds of such city as hereinafter defined and described in the manner provided by the general bond law, to secure funds to provide the cost of improving, constructing, reconstructing or repairing public levees, docks, wharves, river terminals, grain elevator terminal docks, and such works, storage, structures, facilities and properties as in the judgment of the governing body is necessary or convenient for the accommodation of shipping by highways, pipelines, rail or water, in connection with commerce or water transportation on the navigable river or rivers adjoining such public levees. The governing body of any such city which has issued and sold revenue bonds under the provisions of this act, is hereby authorized to issue additional revenue bonds in conformity with this act for the purpose aforesaid and to pledge for the payment of such additional revenue bonds the revenues of the public levee and the facilities connected therewith, together with the revenues from any improvements and extensions to the public levee. No additional revenue bonds shall be issued and sold if there is an issue of revenue bonds outstanding for the payment of which the revenues of the public levee and the facilities connected therewith have been pledged unless the governing body of such city, the holder or holders of all such outstanding revenue bonds consenting, shall take up and pay for or make an exchange for such outstanding issue of revenue bonds at a price of not to exceed the par value thereof, plus interest accrued on such bonds at the interest rate of such bonds from the interest payment date preceding the date of payment of the purchase price to the date of payment of the purchase price, plus a premium, if any, of not to exceed 1% of the par value of such outstanding revenue bonds or make an exchange for such issue of outstanding revenue bonds. Additional revenue bonds issued and sold under the authority of this act shall be in an amount necessary to take up and pay for the issue of outstanding revenue bonds or make an exchange for such issue of outstanding revenue bonds as aforesaid, plus an amount necessary to finance or aid in financing the cost of additional improvements, construction, reconstruction or repairs of the public levees, docks, wharves, river terminals, grain elevator terminal docks, and such works, storage, structures, facilities and properties as in the judgment of the governing body will be necessary or convenient for the accommodation of shipping by highways, pipelines, rail or water, in connection with commerce or water transportation on the navigable river or rivers adjoining such public levee.
History: L. 1933, ch. 43, § 1 (Special Session); L. 1937, ch. 135, § 1; L. 1983, ch. 49, § 58; May 12.
Revenue bonds, as the term is used in this act, are defined to be bonds issued by any such city in this state to be paid exclusively from the revenue produced by the property and facilities improved, constructed, reconstructed, repaired or otherwise improved by the use of the proceeds of said bonds. Such revenue bonds shall not be general obligations of the city, and shall not contain the recitals set forth in K.S.A. 10-112 and any amendments thereof. Such revenue bonds shall, however, contain the following recitals, viz.: such bonds shall recite the authority under which said revenue bonds are issued, and that they are issued in conformity with the provisions, restrictions and limitations thereof, and that such bonds and the interest thereon are to be paid from the money and revenue received from the fees charged and rental received for the use of the property and facilities improved, constructed, reconstructed, repaired or otherwise improved by the proceeds, in whole or in part, of such revenue bonds when issued and sold.
Said revenue bonds shall recite, also, that the same have been registered in the office of the city clerk of said city, and in the office of the auditor of the state of Kansas, and when said bonds have been duly registered as herein provided, shall import absolute verity, and shall be conclusive as to said recitals, in favor of all persons purchasing said bonds, and that all proceedings and conditions precedent have been had and performed to authorize the issuance of said bonds, and said bonds shall be negotiable.
History: L. 1933, ch. 43, § 2 (Special Session); November 21.
Said revenue bonds shall not constitute in any case, a general obligation of such city, and said bonds, if and when issued, shall in no wise be taken into consideration or account as a limitation on the power of such city to issue bonds for any and all other purposes heretofore or hereafter authorized by law, with relation to a limitation upon the bonded indebtedness of said city.
The governing body of any such city may contract for the sale of said bonds to the government of the United States, under the provisions of the national industrial recovery act and the regulations made in pursuance thereof, to procure funds for the improvement, construction, reconstruction or repair of the public levees, docks, wharves, river terminals, grain elevator terminal docks, storage, railroad and all other necessary facilities, on such terms and conditions as in the judgment of said governing body will be to the best interest of such city and may create a lien on the revenues to be obtained from such property and facilities and pledge the same to the payment of said revenue bonds and interest thereon.
History: L. 1933, ch. 43, § 3 (Special Session); November 21.
Revenue bonds issued under the provisions of this act shall mature to conform to the plan of liquidation and payment of the bonds and interest thereon. The date of maturity of the bonds shall not be fixed for a longer period of time than 40 years after the date of issuance. The bonds shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto. Such city shall have no right or authority to levy taxes to pay the principal or interest of revenue bonds as defined herein and the provisions of K.S.A. 10-113, and amendments thereto, shall not apply to this act.
History: L. 1933, ch. 43, § 4 (Special Session); L. 1970, ch. 64, § 24; L. 1978, ch. 99, § 15; L. 1983, ch. 49, § 59; May 12.
Provision shall be made by the governing body of such city for the payment of said bonds, by fixing rates and charges for the use of and the services to be rendered by such property and facilities, which rates and charges so fixed shall be sufficient to pay all expenses of the city in connection therewith and cover the cost of operation and repairs, pay all interest charges upon all indebtedness created for the purpose of improving, constructing, reconstructing, repairing or improving of such public levee and the improvements and facilities thereon for which such revenue bonds were issued to so improve, construct, reconstruct or repair and to provide a sinking fund sufficient to pay off such indebtedness at maturity.
History: L. 1933, ch. 43, § 5 (Special Session); November 21.
The governing body of such city is hereby empowered and authorized to enter into an agreement in writing with any person, firm or corporation to erect and construct on its public levee, improvements and facilities authorized and mentioned in this act and lease the same for a term of not to exceed ninety-nine (99) years for such rental and upon such conditions as in the judgment of such governing body will be to the best interest of such city, provided the rent fixed by any such agreement and lease shall be sufficient to liquidate and pay all expenses of the city connected therewith and the principal and interest of all revenue bonds issued or to be issued to pay the full cost of such improvements and facilities so leased. The governing body of any such city shall observe the following conditions and safeguards:
(a) All authorized and executed leases, agreements or documents, photostatic or sworn copies thereof concerning construction, alteration, repairs or terms of rental of any public levee, in whole or in part and improvements thereon, shall be filed with the city clerk of any such city and shall be open to public inspection; and
(b) the governing body of each city which has issued revenue bonds for the improvement of any public levee, shall cause an audit to be made annually by a licensed municipal public accountant or certified public accountant of the operations of any revenue-producing public levee in this state. Within one year after the end of the audit period of the audit, a copy of the audit report shall be filed with the clerk of such city and shall be open to public inspection.
History: L. 1933, ch. 43, § 6 (Special Session); L. 1945, ch. 117, § 1; L. 1980, ch. 64, § 3; July 1.
In no case in which revenue bonds are issued under and by virtue of this act shall any revenue bonds be issued for the improvement of any public levee and improvements thereon in excess of the actual cost of same, plus an amount necessary to take up and pay for or make an exchange for any outstanding revenue bonds issued under and by virtue of this act.
History: L. 1933, ch. 43, § 7 (Special Session); L. 1937, ch. 135, § 2; March 26.
The powers herein granted shall be supplemental with relation to the issuance of bonds, to the provisions of K.S.A. 10-102 and 12-673, and not a modification thereof.
History: L. 1933, ch. 43, § 8 (Special Session); November 21.
The governing body of any municipality of the state of Kansas having a population of more than one hundred twenty thousand (120,000) and owning and operating a public utility or utilities is hereby empowered and may at its option enter into an agreement with its employees in said municipally owned public utility or utilities providing for the establishment of a retirement pension plan for the benefit of said employees, their wives and dependents: Provided, That in any municipality of over one hundred twenty thousand (120,000) population where the public utility or utilities are operated, managed, and controlled by a board of public utilities or any other managing board, however designated, such managing board instead of the governing body of the municipality shall be empowered to enter into the agreement and establish the retirement pension plan provided for herein.
History: L. 1939, ch. 122, § 1; L. 1953, ch. 86, § 1; April 13.
(a) (1) Any board of public utilities in any municipality of the state of Kansas having a population of more than 120,000 shall be empowered to enter into an agreement with its employees for the purpose of reorganizing and establishing a board to be known as a board of pension trustees composed of six members, and for the purpose of continuing, revising, maintaining and adopting an equitable and adequate pension program for all of its employees, including retired employees, and their dependents. Three members of the board of pension trustees shall be appointed by the board of public utilities from its regular employees to serve at its discretion. Three members of the board of pension trustees shall be elected annually by all of the nonsupervisory employees of the board of public utilities from its nonsupervisory employees and shall serve for fixed periods of one year, commencing on July 1, of each year.
(2) Present employees of such board of public utilities, in order to pay the cost of implementing, continuing and operating such retirement pension plan for such present employees, shall contribute in the aggregate from their earnings not more than ½ of the costs of future-service pensions, and such board of public utilities shall pay or contribute the remaining portion thereof to any revised, continued or adopted retirement pension plan, as provided for herein.
(3) Any costs of paying increased pensions or benefits to retired employees and their dependents of such board of public utilities, and the costs of any back-service obligations under terms of such revised pension plan as may be found and determined to be proper and equitable, under rules and provisions to be adopted by such board of pension trustees, shall be borne in their entirety by such board of public utilities; and such contributions to such continued and revised retirement pension plan for the use and benefit of retired employees and their dependents which shall be made by such board of public utilities shall be computed and based on sound actuarial standards.
(4) Such board of pension trustees shall be empowered to make and enter into an agreement with such board of public utilities, authorizing such board of pension trustees to take control and custody of all assets, property and funds presently held, controlled and in the possession of the now constituted retirement advisory council of such board of public utilities, and its present trustee, as the same was theretofore created and is now functioning as provided by K.S.A. 13-1247, and amendments thereto. The board shall provide for such additional funds as may be necessary to fulfill the purposes of this act.
(5) Such board of pension trustees shall be empowered to control and take immediately into and under its custody and control, title to and possession of all records, funds, property and assets of the such existing retirement advisory council of such board of public utilities, and its present trustees, as the same is now constituted by the provisions of K.S.A. 13-1247, and amendments thereto, which such retirement council of such board of public utilities, its powers, authority and duties shall be abolished, cease and terminate upon the effective date of this act.
(b) (1) The board of pension trustees shall establish a formal, adequate written pension plan with specific rules of eligibility for pension coverage for all present employees, including retired employees, and their dependents, of such board of public utilities. The plan and rules appertaining thereto may be amended at any time by the vote of four members of such board of pension trustees and may be the subject of negotiations between such board of public utilities and its employees, but subject to the revision, adoption and ratification of the same by such board of pension trustees, as the same is created and governed by the provisions of this act. The plan and rules shall be printed and distributed to all employees.
(2) Pensions and retirement benefits, received and paid under the such continued and revised retirement pension plan and rules promulgated by such board of pension trustees, to retired employees, their dependents, and present employees, shall at all times bear a reasonable relationship to the wages or earnings paid to any employee of such board of public utilities. Such benefits shall be compatible with any changes in cost of living indexes except, such plan and benefits payable shall at all times be in strict conformity with current, sound actuarial standards and principles.
(3) No employee shall be exempt from having contributions made on such employee's behalf or be precluded from receiving benefits for any reason other than lack of age, or an insufficient period or time of employment.
(4) No plan shall be adopted or modified at any future time which is not properly funded and in conformity with recognized, sound actuarial principles and standards.
(5) All funds and the earnings therefrom held in trust for the use and benefit of the employees and members, including retired employees and their dependents, of such board of public utilities, of any retirement pension plan continued, revised and adopted under the provisions of this act, shall be exempt from civil process, taxation or assessment, and shall not be subject to seizure or execution or liens of any kind. All benefits due to the members or to their beneficiaries of any retirement pension plan continued and revised under the provisions of this act, shall be exempt from any tax of the state of Kansas or any political subdivision or taxing body of the state and civil liability for debts of the members and employees, or their beneficiaries, receiving the same, and, except as otherwise provided, shall not be subject to seizure, execution or process of any nature. Any annuity or benefit or accumulated contributions due and owing to any person under the provisions of any retirement pension plan continued and revised under the provisions of this act are subject to claims of an alternate payee under a qualified domestic relations order. As used in this subsection, the terms "alternate payee" and "qualified domestic relations order" shall have the meaning ascribed to them in section 414(p) of the United States internal revenue code of 1954, as amended. The provisions of this act shall apply to any qualified domestic relations order which is in effect on or after July 1, 1994. Such retirement pension plan continued and revised under the provisions of this act, such board of pension trustees, or such board of public utilities shall not be a party to any action under the Kansas family law code, chapter 23 of the Kansas Statutes Annotated, and amendments thereto, but is subject to orders from such actions issued by the district court of the county where such action was filed and may accept orders which it deems to be qualified under this subsection if such orders are issued by courts having jurisdiction of such actions outside the state of Kansas. Such orders from such actions shall specify either a specific amount or specific percentage of the amount of the pension or benefit or any accumulated contributions due and owing from such retirement pension plan pursuant to this act.
(6) The members and employees of any retirement pension plan continued, revised and adopted under the provisions of this act, may name one or more beneficiaries to receive any benefits that may be due or become due to such member and employee in the event of such member or employee's death.
History: L. 1969, ch. 99, § 1; L. 1990, ch. 282, § 29; L. 1994, ch. 231, § 3; L. 2012, ch. 162, § 27; May 31.
History: L. 1939, ch. 122, § 2; L. 1953, ch. 86, § 2; L. 1959, ch. 94, § 1; Repealed, L. 1969, ch. 99, § 2; July 1.
History: L. 1939, ch. 122, § 3; L. 1953, ch. 86, § 3; Repealed, L. 1969, ch. 99, § 2; July 1.
The governing body of any municipality having a population of over 120,000 and owning and operating a public utility or utilities, or any board of public utilities or managing board having the management and control of such utility or utilities, is hereby empowered to adopt such rules and regulations as they shall deem necessary to carry out the intent and purpose of this act.
History: L. 1939, ch. 122, § 4; April 7.
History: L. 1939, ch. 122, § 5; L. 1949, ch. 139, § 1; L. 1959, ch. 94, § 2; Repealed, L. 1969, ch. 99, § 2; July 1.
The governing body of any municipality having a population of over one hundred twenty thousand (120,000) and owning and operating a public utility or utilities, or any board of public utilities or managing board having the management and control of such utility or utilities is hereby authorized, permitted and empowered, at its option, to extend and provide for its employees, their dependents and survivors, the protection and benefits provided by the old age and survivors insurance system embodied in the social security act of congress approved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as the "social security act" (including regulations and requirements issued pursuant thereto) as such act has been and may from time to time be amended: Provided, That a majority of the employees in the public utility or utilities by secret written ballot, vote to be included under the provisions of the old age and survivors insurance system of congress which referendum shall be conducted as provided in said federal law by the governor or any agency or individual designated by the governor.
History: L. 1955, ch. 112, § 1; April 1.
The contributions for the cost of the protection which is provided in K.S.A. 13-1250a shall be paid by the employees and utility or utilities in such proportions as required by law and such utility or utilities are authorized to pay its part of the cost thereof from its revenues and may, if necessary, adjust its rates to so provide.
History: L. 1955, ch. 112, § 2; April 1.
Any agreement or agreements necessary to provide for and carry out the provisions of this act may be made by the governing body of any municipality having a population of over one hundred twenty thousand (120,000) and owning and operating a public utility or utilities, or any board of public utilities or managing board having the management and control of such utility or utilities, or by the state.
History: L. 1955, ch. 112, § 3; April 1.
History: L. 1955, ch. 112, § 4; L. 1959, ch. 94, § 3; L. 1965, ch. 133, § 1; Repealed, L. 1969, ch. 99, § 2; July 1.
History: L. 1941, ch. 141, § 1; L. 1953, ch. 87, § 1; Repealed, L. 1974, ch. 79, § 1; July 1.
"Municipality" as used in this act means municipality as defined by K.S.A. 10-101. "Utility" as used in this act means any instrumentality or facility of a revenue-producing character owned and operated by a municipality or operated for such municipality by a board of control or board of public utilities, as provided by law, for use in serving the public with water and electricity. "Revenue bonds" as used in this act means bonds issued by any municipality in this state to be paid exclusively from the revenue derived from the operation of such utility.
History: L. 1941, ch. 142, § 1; June 30.
Any municipality, having a population of more than one hundred twenty thousand (120,000) and owning and operating a water and light plant, or operating such plants through a board of public utilities as provided by law, authorized by the laws of the state of Kansas to issue general obligation bonds for the reconstruction, alteration, repair, improvement, extension, or enlargement of any of the utilities mentioned herein is hereby empowered to issue and sell revenue bonds in payment of the cost thereof; to fix by ordinance or resolution such rates, fees or charges for the use thereof or service therefrom as may be reasonable and necessary, and provide for the manner of collecting and disbursing such revenues. Any municipality which has issued or may hereafter issue revenue bonds under the provisions of this section may at any time deemed advisable issue and sell refunding revenue bonds to refund any previous issue or issues or part thereof which are outstanding either at or prior to their maturity. Such refunding revenue bonds shall be issued in the manner prescribed by and subject to the provisions of K.S.A. 10-116a.
History: L. 1941, ch. 142, § 2; L. 1951, ch. 156, § 1; L. 1975, ch. 96, § 1; L. 1977, ch. 58, § 9; May 18.
Revenues derived from the operation of any water and light utility financed in whole or in part by revenue bonds authorized by this act shall be paid into the treasury of the municipality or into the treasury of its board of public utilities and kept in a separate fund, and shall be used for the purpose of paying the cost of operation, the repair, maintenance, extension, enlargement, alteration, reconstruction and improvement of such utilities and the cost of acquiring, operating and maintaining a municipal airport and paying the principal of, and the interest upon, the revenue bonds issued thereunder. Any surplus may be used to pay the principal of and interest upon any and all general obligation bonds outstanding, issued for the purpose of acquiring, constructing, extending or improving said utilities and the cost of acquiring, maintaining or improving a municipal airport.
History: L. 1941, ch. 142, § 3; L. 1951, ch. 156, § 2; March 26.
Such revenue bonds are hereby made a lien on the revenues produced from such utility, but shall not be general obligations of the issuing municipality, and shall not contain the recitals set forth in K.S.A. 10-112, and any amendment thereof, but shall contain recitals stating the authority under which said bonds are issued; that they are issued in conformity with the provisions, restrictions and limitations of that authority, that such bonds and the interest thereon are to be paid by the issuing municipality from the revenues derived from the rates, fees or charges herein mentioned, and not from any other fund or source, that the same have been registered in the offices of the clerk of the issuing municipality and the treasurer of the state of Kansas, respectively, and that said bonds are negotiable.
All such bonds, when registered and issued as herein provided, shall import absolute verity and shall be conclusive, in favor of all persons purchasing said bonds, that all proceedings and conditions precedent have been had and performed to authorize the issuance thereof, and such bonds shall be negotiable and may be issued in addition to the statutory limit of bonded indebtedness of the issuing municipality. No municipality shall have authority to levy taxes to pay the principal of or interest upon revenue bonds issued under the terms of this act, and the provisions of K.S.A. 10-113 shall not apply to bonds issued hereunder.
History: L. 1941, ch. 142, § 4; June 30.
History: L. 1941, ch. 142, § 5; L. 1969, ch. 100, § 1; L. 1970, ch. 64, § 25; Repealed, L. 1980, ch. 72, § 23; April 14.
Revenue bonds issued under the terms of this act shall mature not more than forty years after the date of their issuance. Said bonds shall be sold in such manner as the city determines and shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, payable in the manner determined by the city. The total amount of bonds which may be issued under the terms of this act shall not exceed the cost of the project.
History: L. 1941, ch. 142, § 6; L. 1951, ch. 156, § 3; L. 1970, ch. 64, § 26; L. 1978, ch. 99, § 16; L. 1980, ch. 72, § 13; April 14.
Provisions shall be made, by appropriate enactment by the governing body of such municipalities or, where such water and light plants are under the control and the management of the board of public utilities, by the board, pursuant to the direction of the city, for the payment of the bonds; and it shall be the duty of the governing body of the city or the board, as the case may be, to fix rates, fees, or charges for the use or services rendered by such utility or utilities, which rates, fees or charges shall be sufficient to pay the cost of operation, repair, maintenance, extension, enlargement, alteration, reconstruction and improvement of such utility and pay the principal of, and interest upon, the revenue bonds when due.
The ordinance or resolution of any municipality authorizing the issuance of revenue bonds provided for in this section may contain such other covenants, agreements and restrictions as may be deemed necessary or advisable by the body enacting the ordinance or resolution to insure the payment of the revenue bonds authorized and issued hereunder, but in no event shall the holder of such revenue bonds have a lien upon the tangible property constituting the utility or utilities, nor shall the operation, management, or control of such utility be taken from such municipality or its board.
History: L. 1941, ch. 142, § 7; L. 1951, ch. 156, § 4; L. 1980, ch. 72, § 14; April 14.
The governing body of any municipality, by a two-thirds vote thereof, or where the utilities are under the control and management of a board of public utilities, the board by a three-fifths vote thereof, may contract for or make repairs, extensions, reconstruction, alteration, improvements or enlargements of its municipally owned water and light utilities and issue or request the issuance of revenue bonds for the cost thereof without submitting to a vote of such municipality the proposal to contract for or make such repairs, extensions, reconstruction, alteration, improvements or enlargements, and to issue revenue bonds as provided for herein in payment of the cost thereof. Before contracting for or making any such repairs, extensions, reconstruction, alteration, improvements or enlargements, to be paid for by revenue bonds, the governing body of such municipality shall cause to be published in the official paper of the municipality, a notice of its intention to do so, which notice shall describe the nature of the proposed repairs, extensions, reconstruction, alteration, improvements or enlargements, state the total amount of the cost thereof, and the amount of the revenue bonds proposed to be issued in payment thereof.
If within fifteen days after the publication, as aforesaid, of such notice, there shall be filed with the clerk of such municipality a written protest against such repairs, extensions, reconstruction, alteration, improvements or enlargements, and such bond issue, signed by not less than twenty percent of the qualified electors of such municipality, the governing body thereof shall thereupon submit such proposed project and proposed bond issue to the qualified electors of such municipality at a special election to be called for that purpose, upon at least ten days' notice, to be held not later than fifteen days after the filing of such protest, or at a regular city election or general election which will occur not sooner than fifteen days nor later than sixty days after the filing of such protest. In the event a majority of such electors voting on such proposition at such election shall vote in favor thereof, such repairs, extensions, reconstruction, alteration, improvements or enlargements, shall be made, and the revenue bonds may be issued in payment of the cost thereof.
History: L. 1941, ch. 142, § 8; L. 1951, ch. 156, § 5; L. 1980, ch. 72, § 15; April 14.
In municipalities of the class provided for herein, if the water and light plants thereof are under the control and management of a board of public utilities as provided by law, when three-fifths of the board shall deem it necessary and expedient that revenue bonds be issued for any of the purposes provided for herein, it shall be the duty of the governing body of such city within ten days after receiving written request from the board to take the necessary steps to determine the necessity for the issuance of such revenue bonds and the governing body of such city may issue and sell such bonds as it determines necessary, the proceeds thereof to be delivered to the treasurer of the board of public utilities.
Where it is necessary to hold an election to submit the question of the issuing of such revenue bonds to the qualified electors of the municipality, such elections shall be held in accordance with the provisions herein and the general obligation bond election laws of the state of Kansas where applicable, and the cost thereof, if held on dates other than the dates of the regular city election, or general election, shall be paid by the board.
History: L. 1941, ch. 142, § 9; L. 1980, ch. 72, § 16; April 14.
The governing body of such city, or where there is a board of public utilities having daily operational control of the water and light plants, then the board, is hereby authorized in its discretion to contract for and construct such repairs, extensions, reconstruction, alteration, improvements or enlargements of such utilities in accordance with the provisions and requirements of any federal act applicable thereto, and rules promulgated thereunder, and to use any fund that may be available for such construction in such manner as will comply with the provisions of any such act and rules promulgated thereunder, including any grant or grants of money therein provided, and to do all other acts and things necessary to be done in order to comply with the provisions of any such federal act and rules promulgated thereunder.
History: L. 1941, ch. 142, § 10; L. 1951, ch. 156, § 6; L. 1980, ch. 72, § 17; April 14.
History: L. 1941, ch. 142, § 11; L. 1951, ch. 156, § 7; L. 1953, ch. 88, § 1; Repealed, L. 1955, ch. 98, § 1; April 12.
The power herein granted to issue bonds shall be supplemental to and not amendatory of the provisions of K.S.A. 10-102.
History: L. 1941, ch. 142, § 12; June 30.
If any provision contained in this act shall for any reason be held invalid, it shall not affect the remainder of this act; and this act shall remain in force and effect the same as if such part held to be invalid had not been included therein.
History: L. 1941, ch. 142, § 13; June 30.
History: L. 1943, ch. 114, §§ 1–4; Repealed, L. 1973, ch. 73, § 1; July 1.
All cities of the first class of the state of Kansas having a population of more than 100,000 inhabitants, which own, manage, operate and control a municipal electric-light plant and a municipal water plant and which are producing and distributing water, light, heat and power for domestic, industrial, commercial or municipal purposes within or without or within and without the corporate limits of said cities, are hereby empowered to place in the funds used for governmental functions of said cities, at a specified time a certain percentage of the gross operating revenue of said enumerated utilities, or either of them, as hereinafter directed: Provided, That such cities, if necessary, may adjust their utility rates in order to carry out the provisions of this act or where these utilities are managed, operated and controlled by a board of public utilities, or other managing boards, these boards shall have the power to adjust the rates.
History: L. 1945, ch. 129, § 1; March 24.
The above power of cities to transfer funds from the gross operating revenue of the utilities, as conferred by this act, shall be exercised only as to such of their utilities, as have no general obligation bonded indebtedness. Any city or the board of public utilities or other managing boards of any city, where the utilities above mentioned are managed, operated and controlled by such boards, may place in their appropriate sinking funds from time to time sufficient moneys to pay the outstanding general obligation bonded indebtedness against the utility, including interest as such indebtedness matures. When this is done, funds from the gross operating revenue of the utility or utilities may be transferred in like manner as when the utility or utilities are free from general obligation bonded indebtedness.
History: L. 1945, ch. 129, § 2; L. 1980, ch. 72, § 18; April 14.
In the cities herein designated, owning an electric-light plant and municipal water plant, where the utility or utilities are free and clear of general obligation bonded indebtedness, or where deposits in their appropriate sinking funds have been made as provided in K.S.A. 13-1270, and amendments thereto, the governing bodies of the cities or the board of public utilities at the direction of the city shall, on the first business day of each fiscal year, transfer to the funds to be used for governmental functions of such cities, not less than four percent nor more than fifteen percent of the gross operating revenue of their public utilities hereinbefore designated, for the year immediately prior to the preceding fiscal year.
History: L. 1945, ch. 129, § 3; L. 1980, ch. 72, § 19; April 14.
The determination of the percentage to be transferred to funds to be used for governmental functions as provided in K.S.A. 13-1271, and amendments thereto, shall be determined by the governing bodies or operating or managing boards, as the case may be, of the utilities of such cities, within the range of percentages shown in K.S.A. 13-1271, and amendments thereto. The determination of the percentage to be transferred shall be made by the board of public utilities on or before the first day of May of the preceding year and the board shall notify the governing body of the city of such determination by such date. If the board fails to determine the percentage or fails to notify the governing body of the city before the first day of May of any year, the board shall transfer over a percentage which shall be no less than the percentage transferred in the preceding year.
History: L. 1945, ch. 129, § 4; L. 1980, ch. 72, § 20; April 14.
When any city, which has under the provisions of this act been transferring utility funds to funds used for governmental purposes in accordance with the provisions of this act, issues general obligation bonds against its utility or utilities as herein enumerated, then such city shall automatically be excluded from the benefits and provisions of this act as to such of its utilities as have a bonded debt until such general obligation bonded indebtedness so created on its utility or utilities be paid, or provisions be made for the retirement of the general obligation bonded indebtedness by deposits in its sinking funds as provided in K.S.A. 13-1270, and amendments thereto.
History: L. 1945, ch. 129, § 5; L. 1980, ch. 72, § 21; April 14.
The governing bodies of all cities as above classified shall have the power, and are hereby authorized to allocate all or any part of the moneys which have been transferred under the provisions of this act, from the gross operating revenue of their utilities, among the different funds of said cities used for governmental functions.
History: L. 1945, ch. 129, § 6; March 24.
Whenever 65% or more of the customers of any publicly owned township water system of any township located, in whole or in part, within three miles of the limits of any city of the first class located in the same county as such township have been annexed and taken into such city and, at the time of such annexation, township water system revenue bonds have been issued and are outstanding and unpaid in a total principal amount of $700,000 or more, such bonds being a first and prior lien on the earnings and income derived from the operation of the water system, the control and ownership of such system shall be transferred to and shall thereupon vest in such city of the first class and if such city has a board of public utilities, such system shall be for the use and benefit of such board and for those persons now or hereafter being served by such system. The board of public utilities shall be responsible for the maintenance, operation, improvement and extension of such system. Such city or if the city has a board of public utilities, then such board of public utilities shall by resolution obligate itself to pay and shall assume the entire revenue bonded indebtedness, together with interest charges and other debt service costs, and all other outstanding obligations, of any such township water system. Such city or board of public utilities, as the case may be, shall by resolution further obligate and commit itself to pay off all such revenue water system bonds as the same mature and become payable and any interest due on such revenue bonds and to maintain at all times a sufficient revenue bond reserve fund, for the payment of both principal and interest on such bonds, all in strict conformity with the tenor of such revenue bonds and the resolution of any such township board heretofore adopted and authorizing the issuance of a series or several series of water system revenue bonds by any such township board.
Such city or its board of public utilities shall be authorized to establish such rates for customers residing in any such township outside of the corporate limits of the city which are fair and equitable and sufficient to pay the percentage or pro rata amount of the annual revenue bond and debt service costs, including interest and principal, applicable to that portion of the utility system lying outside of the corporate limits of the city. Prior to the date the interest becomes due on such revenue bonds and prior to the date of the annual maturity of those revenue bonds which becomes due each year, such city or its board of public utilities, as the case may be, shall pay over to the state treasurer a sum equal to and sufficient to pay the total revenue bond and debt service cost, including interest and principal.
History: L. 1967, ch. 109, § 1; L. 1983, ch. 49, § 60; May 12.
For the purposes of this act, a certified public accountant appointed by the governing body of such city shall determine the percent of customers of any such system annexed by the city and the amount of revenue bonds outstanding and unpaid at any such time.
History: L. 1967, ch. 109, § 2; March 17.
Whenever the title to the properties of any township water system shall be transferred to and shall vest in any city of the first class under the provisions of this act, the township board of such township shall forthwith transfer all property, equipment, records, reports and funds belonging to such water system to such city of the first class or board of public utilities.
History: L. 1967, ch. 109, § 3; March 17.
During the time that the revenue bond and debt service cost, including principal and interest, assumed by the city at the time of taking control of such system, are being paid the township board of any such township shall levy an annual tax sufficient to raise an amount equal to thirty-five dollars ($35) for each fire hydrant remaining in any such township, and pay such amount annually to any such city of the first class or its board of public utilities for fire protection.
History: L. 1967, ch. 109, § 4; March 17.
History: L. 1907, ch. 115, § 1; R.S. 1923, § 13-1301; L. 1939, ch. 106, § 1; Repealed, L. 1981, ch. 82, § 1; July 1.
History: L. 1907, ch. 115, § 2; L. 1909, ch. 71, § 1; R.S. 1923, § 13-1302; L. 1945, ch. 99, § 13; Repealed, L. 1981, ch. 82, § 1; July 1.
History: L. 1907, ch. 115, § 3; R.S. 1923, § 13-1303; Repealed, L. 1981, ch. 82, § 1; July 1.
History: L. 1907, ch. 115, § 4; R.S. 1923, § 13-1304; Repealed, L. 1981, ch. 82, § 1; July 1.
History: L. 1907, ch. 115, §§ 5–7; R.S. 1923, §§ 13-1305–13-1307; Repealed, L. 1981, ch. 82, § 1; July 1.
History: L. 1907, ch. 115, § 8; R.S. 1923, § 13-1308; Repealed, L. 1981, ch. 82, § 1; July 1.
History: L. 1907, ch. 115, § 9; L. 1909, ch. 71, § 2; R.S. 1923, § 13-1309; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1925, ch. 287, § 1; L. 1935, ch. 111, § 1; L. 1941, ch. 122, § 3; L. 1957, ch. 88, § 10; Repealed, L. 1969, ch. 101, § 1; July 1.
History: L. 1925, ch. 287, § 2; Repealed, L. 1935, ch. 111, § 3; March 19.
History: L. 1907, ch. 115, § 10; L. 1909, ch. 71, § 3; R.S. 1923, § 13-1310; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1907, ch. 115, §§ 11–17; R.S. 1923, §§ 13-1311–13-1317; Repealed, L. 1981, ch. 82, § 1; July 1.
History: R.S. 1923, 13-1318; Repealed, L. 1975, ch. 97, § 2; April 11.
History: L. 1907, ch. 115, § 19; R.S. 1923, § 13-1319; Repealed, L. 1981, ch. 82, § 1; July 1.
History: L. 1907, ch. 115, § 20; L. 1909, ch. 71, § 4; R.S. 1923, § 13-1320; L. 1955, ch. 99, § 1; L. 1968, ch. 168, § 1; L. 1970, ch. 79, § 1; L. 1975, ch. 97, § 1; Repealed, L. 1981, ch. 82, § 1; July 1.
History: R.S. 1923, §§ 13-1321–13-1323; Repealed, L. 1981, ch. 82, § 1; July 1.
To pay for the construction and repair of sidewalks, sodding sidewalk spaces on boulevards, special assessments may be levied on all lots and pieces of land fronting thereon according to the front foot thereof. The board of park commissioners shall determine when it is necessary to construct or repair sidewalks and sod sidewalk spaces. Such improvements shall be constructed only by contract in writing, let to the lowest bidder. The board of park commissioners shall determine the plans, specifications and material for all such improvements.
The board may issue scrip to contractors for the same, payable in one year from its date, and such scrip may bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and special assessments may be levied for the amount thereof as above provided. No formality shall be required to authorize the repair of sidewalks, but the board, after giving five (5) days' notice to the owner of any property, if known, to make such repair, or without notice if such owner is unknown or the property unoccupied, may make all necessary repairs to any walk, keep a record of the cost and of the nature and extent of such repairs, and apportion and levy, by resolution, special assessments for such cost as above provided, or pay for the same out of the general park fund.
History: L. 1907, ch. 115, § 25; R.S. 1923, § 13-1324; L. 1970, ch. 64, § 27; March 21.
The board of park commissioners shall have power to provide for the sodding of sidewalk spaces upon all public streets, avenues, boulevards, alleys, and other public grounds of the city, and it shall be its duty so to do. The board of park commissioners shall have power to issue scrip to contractors for the cost of such work when done upon streets payable in not to exceed one year from its date and bearing interest at not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and levy special assessments against lots and tracts of land in front of which sodding is done according to the front foot thereof for the same.
History: L. 1907, ch. 115, § 26; R.S. 1923, § 13-1325; L. 1961, ch. 77, § 1; L. 1970, ch. 64, § 28; March 21.
History: L. 1925, ch. 286, § 1; L. 1941, ch. 122, § 4; L. 1957, ch. 88, § 11; Repealed, L. 1969, ch. 102, § 1; July 1.
History: L. 1925, ch. 286, § 2; Repealed, L. 1969, ch. 102, § 1; July 1.
Before the grade of any road, parkway, boulevard, or street, or part thereof, under the control and management of the board of park commissioners, which has been established, shall be changed, if the property owners affected thereby shall not have waived all claim to damages therefor, the board shall proceed to exercise the power of eminent domain in accordance with K.S.A. 26-501 to 26-516, inclusive.
History: L. 1907, ch. 115, § 27; R.S. 1923, § 13-1326; L. 1963, ch. 234, § 31; January 1, 1964.
Whenever the board of park commissioners of any city shall by resolution declare and order that the whole or any part of the cost of changing the grade of any street, avenue, parkway, or boulevard, or the cost of widening or extending any parkway or boulevard, ought to be paid by the levy of special assessments, upon real estate situated in any one or more park districts, it shall order such resolution entered upon its journal, and forthwith appoint three freeholders, residents of such city, as assessors, who shall qualify by taking an oath to faithfully, honestly and impartially discharge their duties as such assessors, and it shall thereupon become their duty, upon actual view and investigation, to assess the lands which will, in their opinion, to any extent be specially benefited by such improvement, the proportion of the estimated cost thereof which each lot, piece or parcel of land so benefited ought justly to be charged, and make report forthwith to such board of park commissioners, containing an accurate description of each tract of land deemed to be specially benefited and the name of the owner, if known, the actual value of each of said tracts, exclusive of improvements thereon and without the proposed improvements, and what part or amount of the total estimated cost should be assessed and charged against the same on account of benefits, if such improvement be made.
History: L. 1907, ch. 115, § 28; March 4; R.S. 1923, § 13-1327.
Within ten days after the report of the assessors has been filed, the clerk of the board shall cause a notice to be published once in the official paper of said board, stating, in substance, that a report of assessors has been filed apportioning and levying special assessments for the cost of such improvement against real estate, describing the same, and stating the amount of the special assessment levied against each lot or tract, and fixing a time, not less than five days from the date of the publication of such notice, when all persons aggrieved by or objecting to such report, upon any ground, may be heard to contest the same. At the time fixed in such notice, the board of park commissioners shall convene and hear the complaints of all persons interested, and shall have power to review, revise, alter, correct and amend the report of the assessors to any extent necessary to equalize and make such assessments just, equitable and impartial, and to correct all errors, wrong and injustice that may have been done to any person complaining of said report, and to hear, consider and determine all matters relating to such proceeding.
After hearing all persons complaining, the board of park commissioners shall confirm the report of the assessors as returned to them or amend the same, as it may deem just and equitable, and confirm the same as so amended, and thereupon the amounts charged against each tract of land shall become a special assessment and constitute a lien thereon. The decisions of the board of park commissioners correcting, altering, or amending and confirming the report of the assessors shall be entered of record and shall be final and conclusive, and such special assessments shall by the clerk of the board be certified to the county clerk within thirty days after the confirmation of such report and entered upon the tax rolls, and collected as other taxes under existing laws.
History: L. 1907, ch. 115, § 29; March 4; R.S. 1923, § 13-1328.
The cost of improving and maintaining parks, parkways and boulevards established in any park district or districts within the city limits shall be paid from the park fund of the district in which such park, parkway or boulevard is situated, except as is herein otherwise provided.
History: L. 1907, ch. 115, § 30; March 4; R.S. 1923, § 13-1329.
The board of park commissioners shall have power to cause any parkway, boulevard, or street, or part thereof, under its control or management, to be regraded, repaved, recurbed, reguttered, remacadamized or otherwise improved or repaired, including the reconstruction and repair of bridges, viaducts, and sidewalks, in such manner and at such times and with such material as said board may determine, and may pay for such work or improvements or any part thereof out of the funds not otherwise appropriated belonging to the park district in which such work or improvement is made, or, if deemed necessary, by the issue and sale of bonds to be paid by a general tax upon all the taxable property of the district, or may levy special assessments and issue bonds to the same extent and in the same manner as is herein provided for the original making of such improvements.
History: L. 1907, ch. 115, § 31; March 4; R.S. 1923, § 13-1330.
All contracts for improvements costing more than one thousand dollars shall be in writing, and there shall be no liability to any contractor or his or her assignees for the construction of any improvement costing more than one thousand dollars unless the contract therefor is in writing. At least twenty days before the board shall let any contract for any improvement, they shall cause accurate detailed plans and complete specifications therefor, together with a detailed estimate, under oath, of the cost of such improvement, to be made by some competent person and filed in the office of the clerk of such board, for inspection by all persons interested therein, and thereafter, and before letting of such contract, the board shall advertise for bids to do such work in accordance with such plans and specifications for at least ten days in the official city paper.
All bids shall be made in writing and signed by the bidder, and presented by the bidder, his or her agent or attorney, to the board, at a public meeting thereof, and all bids shall be considered and accepted or rejected immediately after their submission. The board may reject any bids and shall not accept a bid in excess of the estimated cost of the work, and a contract let at a price in excess of the estimated cost of the work shall be void. No special assessments shall be levied for the cost of any work until the contract therefor has been let; but such assessments may be levied before the construction of an improvement, when the cost of the same is definitely ascertained.
History: L. 1907, ch. 115, § 32; R.S. 1923, § 13-1331; L. 1953, ch. 89, § 1; June 30.
No board of park commissioners shall issue any bonds on account of the grading, curbing, guttering, paving or macadamizing of any street or the construction of any sidewalk or building until such improvement has in fact been constructed and such work found and declared by such board, by resolution entered upon its journal, to be constructed in accordance with the contract therefor and accepted by said board, and said board shall give at least ten days' notice, by publication in the official city paper, of time when it will consider the matter of the acceptance of any improvement the cost of which exceeds the sum of one thousand dollars, and in all cases hear and consider all complaints against work or the acceptance thereof, and said board shall not accept any work not constructed or performed in substantial compliance with the contract therefor, and there shall be no liability on the part of the city to any contractor or his or her assignees on account of the construction of any improvements or performance of any work which improvements or work has not been constructed or performed in substantial compliance with the contract therefor.
History: L. 1907, ch. 115, § 33; March 4; R.S. 1923, § 13-1332.
No suit or action of any kind shall be maintained in any court to set aside or in any way contest or enjoin the levy or collection of any tax or special assessment levied under the provisions of this act after the expiration of thirty days from the time of the levy of such tax or assessment: Provided, That in cases where assessments are levied before the completion and acceptance of any improvement, said thirty days shall not commence to run until the improvement is completed and accepted.
History: L. 1907, ch. 115, § 34; March 4; R.S. 1923, § 13-1333.
No roads nor streets shall be laid out or constructed through any park except said board of park commissioners shall lay out and construct or permit the laying out and construction of the same; and any road, highway, street or alley (excepting railroads), or part thereof, which may pass through or into or divide or separate any lands now used or condemned, or that may hereafter be acquired or condemned, for parks, shall upon condemnation* of said board of park commissioners, with the consent of the city council of such city be by said city council vacated and closed up and made a part of such park. And no railway shall be built into, through or over any park, parkway or boulevards without the consent of said board of park commissioners; nor shall any street railway, telegraph, telephone or electric-light wires, or posts or supports thereof, be erected or placed in, upon, through, over or adjoining any park without the consent of said board of park commissioners; and said board shall have power and authority to designate the place or places for and manner of erecting, placing and maintaining the same in or upon any park or boulevard, and may cause the place and manner of maintaining the same, whether heretofore or hereafter erected or placed, to be altered at such time and in such manner as it shall deem best for the interest of the city, and may require telegraph, telephone and electric-light wires in any park, parkway or boulevard to be laid underground.
History: L. 1907, ch. 115, § 35; March 4; R.S. 1923, § 13-1334.
Real or personal property may be granted, bequeathed, devised and conveyed to the city for the purpose of the improvement or ornamentation of parks, parkways, or boulevards, or for parks, or for the establishment or maintenance, in any park, of museums, zoological or other gardens, collections of natural history, observatories, libraries, monuments of works of art, upon such trusts and conditions as may be prescribed by the grantors or devisors thereof and agreed to by the board of park commissioners. All property so devised, granted, bequeathed, or conveyed, and the rents, issues, profits and income thereof, shall be subject to the management and control of said board of park commissioners.
History: L. 1907, ch. 115, § 36; March 4; R.S. 1923, § 13-1335.
When the construction or improvement of any boulevard shall necessitate a change of grade or a reconstruction of sidewalks, curbing or pavement upon the streets or alleys intersecting any boulevard, the board of park commissioners shall have power and authority to do all work on such intersecting streets, avenues or alleys necessary to make the grade and the improvements thereof conform, and the expense of such work shall be deemed a part of the expense of the improvement of such boulevard.
History: L. 1907, ch. 115, § 46; March 4; R.S. 1923, § 13-1336.
It shall be the duty of the city attorney, city counselor, city engineer and their deputies and assistants to at all times assist and advise the board of park commissioners in all matters pertaining to the duties or affairs of such board.
History: L. 1907, ch. 115, § 48; March 4; R.S. 1923, § 13-1337.
The city treasurer shall keep a complete and accurate record of all money raised by taxation or received in any way for the acquiring or maintenance of public parks, streets, and boulevards, and shall pay said funds upon and in accordance with warrants issued by the board of park commissioners.
History: L. 1907, ch. 115, § 49; March 4; R.S. 1923, § 13-1338.
Nothing in this act contained shall take away the power or duty of the governing body with reference to the police power of the city, but it shall be and remain the duty of the governing body to appoint and maintain such police officers as it may deem reasonably necessary for the preservation of peace, good order, and the protection of public rights, property in and upon all parks, boulevards, and other public grounds of the city.
History: L. 1907, ch. 115, § 50; March 4; R.S. 1923, § 13-1339.
Nothing in this act shall be held to authorize or require any board of park commissioners to erect, maintain or repair any bridge over any navigable river.
History: L. 1907, ch. 115, § 51; March 4; R.S. 1923, § 13-1340.
It shall be the duty of the governing body to provide, erect and maintain such lights as may be reasonably necessary for the lighting of public parks, parkways, and boulevards, upon the making, by the board of park commissioners, of an order prescribing the location and kind of lights deemed necessary by such board and the presentation to said governing body of a certified copy thereof.
History: L. 1907, ch. 115, § 52; March 4; R.S. 1923, § 13-1341.
It shall be the duty of the governing body to provide for the construction and maintenance of such sewers as may be reasonably necessary to be constructed or maintained in or upon all public parks, parkways, and boulevards, and nothing in this act contained shall be held to take away or abrogate the power of the governing body of any city so to do: Provided, however, That it shall be the duty of the governing body to hear and consider all plans for the construction or maintenance of sewers on boulevards or in parks that may be recommended by any board of park commissioners.
History: L. 1907, ch. 115, § 53; March 4; R.S. 1923, § 13-1342.
All contractors shall give bond for the performance of contracts entered into with the board of park commissioners of any city for the performing of any work or the furnishing of any materials amounting to more than one hundred dollars in a sum equal to the contract price, conditioned upon the faithful performance of all the provisions of the contract, and with security to be approved by the board of park commissioners.
History: L. 1907, ch. 115, § 56; March 4; R.S. 1923, § 13-1343.
In case the board of park commissioners of any city shall levy any special assessment, which assessment is or may be informal, illegal, irregular or void for the want of sufficient authority to make or levy the same for any cause whatsoever, such board of park commissioners may at any time reapportion the cost of the improvement and relevy assessments therefor, or may relevy any such special assessment or assessments in the manner provided, and against the property liable for assessment for the improvement at the time of the making thereof: Provided, That no such reapportionment or relevy shall be made in any case in which there has not been a substantial performance of the contract.
History: L. 1907, ch. 115, § 57; R.S. 1923, § 13-1344; L. 1970, ch. 366, § 13; April 1.
Nothing contained in this act shall invalidate any contract heretofore made relative to any public park, parkway, or boulevard, or the maintenance and management thereof.
History: L. 1907, ch. 115, § 58; March 4; R.S. 1923, § 13-1345.
In all cities of the first class in the state of Kansas having a population of less than one hundred twenty-five thousand (125,000) and more than thirty thousand (30,000) and in all cities having a population of more than one hundred fifty thousand (150,000), it shall be lawful for the governing body of such city or cities to provide, by ordinance, for the establishment of a board of park commissioners composed of persons not members of the board of commissioners, as hereinafter provided.
History: L. 1921, ch. 101, § 1; R.S. 1923, § 13-1346; L. 1939, ch. 106, § 2; L. 1941, ch. 122, § 12; L. 1953, ch. 89, § 2; L. 1957, ch. 88, § 12; April 16.
The governing body of any city or cities desiring to establish a board of park commissioners, as provided in K.S.A. 13-1346, and amendments thereto, may by ordinance cause a board of park commissioners to be created. Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the mayor, by and with the consent and approval of the board of commissioners, shall appoint five residents of such city or cities, well known for their intelligence and integrity, as the members of such board of park commissioners, and shall designate one to serve for a term of one year, one for a term of two years, one for a term of three years, and two for a term of four years, and thereafter the members of such board of park commissioners shall hold their offices for a term of four years and until their successor or successors shall have been appointed and qualified, and in event of the death, resignation, or other disqualification of any member of such board of park commissioners, such successor shall be appointed by the governing body to fill only unexpired terms caused by such vacancy.
Any member of said board of park commissioners may be removed by the governing body of such city for the same cause as any appointive officer.
History: L. 1921, ch. 101, § 2; R.S. 1923, § 13-1347; L. 1949, ch. 141, § 1; L. 2008, ch. 163, § 9; July 1.
Except as provided in K.S.A. 3-167, when a board of park commissioners, as provided herein, has been created and members thereof have been qualified in the manner provided by law, such board of park commissioners shall be vested with all powers, authority and control heretofore vested in the governing body, the board of park commissioners of such city, so far as the same relates to parks, parkways, boulevards, municipal airports, playgrounds, and shade trees, and such board of park commissioners shall have every power, authority and control over the parks, parkways, boulevards, municipal airports, playgrounds and shade trees, as is or may hereafter be vested in a board of park commissioners, board of commissioners, or other body, except that all bonds required or authorized by law to be issued relating to parks, parkways, boulevards, municipal airports, playgrounds and shade trees, and all taxes levied for the maintenance or improvement thereof, shall be issued and levied by the governing body.
History: L. 1921, ch. 101, § 3; R.S. 1923, § 13-1348; L. 1941, ch. 122, § 5; L. 1975, ch. 5, § 14; July 1.
Any city having a board of park commissioners created pursuant to K.S.A. 13-1346, and amendments thereto, or an airport authority established pursuant to K.S.A. 3-162 is hereby authorized to issue general obligation bonds of such city for the purpose of purchasing land for park, parkway, boulevard or airport purposes or for the construction, enlargement, reconstruction, repair or addition to or of any improvements to any such lands for any such purposes or any such lands and any such improvements. No bonds shall be issued under the authority conferred by this section until the question of the issuance of such bonds has been submitted to a vote of the qualified electors of the city at a general or regular city election or a special bond election and a majority of the electors voting on the question have voted in favor thereof.
In lieu of the foregoing election requirement where, by resolution of a board of park commissioners or an airport authority, net income of an airport facility is pledged to the municipality for payment of bonds issued hereunder, a resolution may be adopted by the governing body of the municipality stating the purpose for which such bonds are to be issued, and the total amount of the bonds proposed to be issued along with a finding by the governing body that revenues pledged by resolution of the board of park commissioners or airport authority will be sufficient to retire general obligation bonds issued hereunder. Such resolution and finding by the governing body of the municipality shall be published once each week for two consecutive weeks in the official newspaper of such municipality. Whereupon, such bonds may be issued unless a petition requesting an election on the proposition, signed by qualified electors of such city equal in number to not less than 2% of the electors of the municipality who voted at the last preceding general election, is filed with the clerk of such municipality within 60 days following the last publication of such resolution. In the event such petition is filed, the governing body of such municipality shall submit the proposition to the voters at an election called for such purpose and held not less than 30 days nor more than 60 days after the filing of such petition. No bonds shall be issued unless a majority of the electors voting on such proposition vote in favor thereof. Such election shall be called and held in the manner provided by the general bond law.
All such bonds shall be issued in accordance with the general bond law. The total amount of bonds outstanding at any one time and issued under this act shall not exceed 3% of the assessed value of all taxable tangible property within the city. Bonds issued under this act shall not be subject to or within the limitations prescribed by any other law limiting the amount of indebtedness of any such city.
History: L. 1957, ch. 114, § 1; L. 1968, ch. 309, § 1; L. 1969, ch. 103, § 1; L. 1975, ch. 5, § 15; L. 1981, ch. 173, § 40; July 1.
The airport authority or, if such authority has not been established, the board of park commissioners of any city now or hereafter having a population of two hundred fifty thousand (250,000) or more, may lease for a term not to exceed fifty (50) years any real estate owned or controlled by such airport authority or board which was acquired for airport purposes, on such terms and conditions as the authority or board may determine, except that every such lease shall require that the real estate be used for airport purposes or purposes incidental or related thereto. Title to all improvements on the demised premises shall revert to the city upon termination of the lease.
History: L. 1957, ch. 115, § 1; L. 1975, ch. 5, § 16; July 1.
Any airport authority or, if such authority has not been established, any board of park commissioners created pursuant to K.S.A. 13-1346, or amendments thereto, may invest any portion of an airport fund not needed for immediate use, if operating pursuant to K.S.A. 10-1116 and 79-2925, and amendments thereto, in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein. All interest received from such investments plus the principal thereof shall be paid into the fund which provided the funds for the original investment.
History: L. 1957, ch. 116, § 1; L. 1975, ch. 5, § 17; L. 1977, ch. 54, § 13; July 1.
The board of park commissioners of any city having a population in excess of two hundred thousand (200,000) may provide for the creation of a special recreation facilities reserve account, into which account shall be deposited funds deriving from recreation facilities including, but not limited to, baseball and athletic fields, swimming beaches, and golf courses; and which special reserve may be carried over from year to year, and used for the addition to, rebuilding, repairing, or replacing of any recreational facilities in any such cities.
History: L. 1959, ch. 62, § 1; June 30.
Said board of park commissioners shall receive such salaries as may be prescribed by ordinance.
History: L. 1921, ch. 101, § 4; R.S. 1923, § 13-1349; L. 1945, ch. 99, § 14; July 1.
This act is supplemental to existing law and shall not be held to repeal existing laws, except when in direct conflict therewith, and after the adoption of its provisions by any such city to which it is applicable.
History: L. 1921, ch. 101, § 5; March 16; R.S. 1923, § 13-1350.
History: L. 1955, ch. 113, §§ 1, 2; Repealed, L. 1975, ch. 98, § 1; July 1.
All resolutions of the board of park commissioners providing for the issuing of bonds, or levying taxes, or special assessments, or ordering the grading, curbing, guttering, paving, macadamizing, or otherwise improving of any street, boulevard, parkway or park, excepting resolutions providing for repairs or maintenance, and all notices required to be given by publication, shall be published in some daily or weekly newspaper, designated by the board in such notices or resolutions and published in the city of which said commissioners are officers, and shall be in force from and after such publication thereof: Provided, No newspaper shall receive for such publication more than 33⅓ percent of the fees allowed printers by K.S.A. 28-137.
History: L. 1909, ch. 71, § 8; March 20; R.S. 1923, § 13-1351.
The board of park commissioners of any city shall have power, subject to the limitations of this act, to issue general bonds of such city when they deem it necessary so to do, to pay for or obtain funds for the acquiring or improving of any park, parkway or boulevard of such city. Such bonds and interest thereon shall be paid by a general tax upon all the taxable property of the city or of any one or more park districts thereof, as shall be determined by the board at the time of the issuance thereof.
History: R.S. 1923, § 13-1352; December 27.
The board of park commissioners of any city of the first class shall have the power to acquire by purchase, gift, condemnation or otherwise such lands as they may deem necessary for public parks outside of the corporate limits of the city and not to exceed one mile therefrom, and to issue and sell, subject to the limitations of this act, general bonds of the city to pay therefor: Provided, That the board of park commissioners of any city of the first class having a population of more than 80,000, shall have the power to acquire by purchase, gift, condemnation or otherwise such lands as they may deem necessary for public parks outside of the corporate limits of the city and not to exceed five miles therefrom and to issue and sell subject to the limitations of this act general bonds of the city to pay therefor.
History: L. 1909, ch. 71, § 10; R.S. 1923, § 13-1353; L. 1927, ch. 117, § 1; L. 1953, ch. 89, § 3; June 30.
The clerk of the board of park commissioners shall have power to administer oaths in all matters where an oath is required by any law.
History: L. 1909, ch. 71, § 11; March 20; R.S. 1923, § 13-1354.
Nothing contained in this act shall in any way affect any appeal taken from any award heretofore made or the rights of any person relative to any lands heretofore condemned by any board of park commissioners or the award made therefor. All proceedings relative to the establishment or improvement of boulevards under the provisions of chapter 115* of the Laws of 1907, heretofore had, shall be held valid and remain in full force. Neither this act nor the said act of which it is amendatory and supplemental shall be held or construed to be suspended or limited in their application or otherwise by any other statute. Cities to which said acts are applicable are required to carry out the provisions thereof, subject only to the limitations therein contained.
History: L. 1909, ch. 71, § 12; March 20; R.S. 1923, § 13-1355.
In all cities having in excess of one hundred and ten thousand population in which is situated a military memorial park, recreation or athletic field, the management and control thereof shall be vested in the governing body of such city.
History: L. 1929, ch. 129, § 1; March 8.
The governing body of such city may lease to the board of education for a period not exceeding twenty years, on terms and charges to be fixed by such lease, all or any part of such military memorial park, recreation or athletic field as may be adjacent to and adjoining any public school property in said city, for the purpose of providing adequate facilities for athletics, amusements, and recreational activities of the schools, and permit and authorize the board of education to charge and collect admission fees for school activities, and the governing body may permit the board of education to erect a stadium and such buildings and fixtures and fences thereon as may be deemed necessary to carry out such purposes: Provided, however, That nothing in this act shall be construed to interfere with the use of such military memorial park, recreation or athletic field by the public, civic, religious, charitable and war veterans organizations at any and all times, save and except when in actual use by the schools: And provided further, That the governing body of such city may from time to time issue permits for the use of said military memorial park, recreation or athletic field and fix the terms and charges therefor and shall permit the civic, religious, charitable and war veterans organizations to charge and collect admission fees for their respective activities.
History: L. 1929, ch. 129, § 2; March 8.
The governing body of such city shall establish by ordinance an official name for any such military memorial park, recreation or athletic field, by which name it shall at all times be designated and known, and the using or designation by any other name by any lessee thereof shall constitute a forfeiture of any lease or permit of the organization so doing.
History: L. 1929, ch. 129, § 3; March 8.
History: L. 1937, ch. 150, §§ 1–7; Repealed, L. 1939, ch. 107, § 6; April 6.
History: L. 1937, ch. 152, § 1; L. 1938, ch. 35, § 1; Repealed, L. 1941, ch. 128, § 9; April 3.
History: L. 1937, ch. 152, § 2; Repealed, L. 1939, ch. 108, § 1; June 30.
History: L. 1939, ch. 124, § 1; Repealed, 1941, ch. 128, § 9; April 3.
History: L. 1939, ch. 107, §§ 1, 2; Repealed, L. 1975, ch. 98, § 1; July 1.
History: L. 1939, ch. 107, § 3; L. 1963, ch. 234, § 32; Repealed, L. 1975, ch. 98, § 1; July 1.
History: L. 1939, ch. 107, §§ 4, 5; Repealed, L. 1975, ch. 98, § 1; July 1.
As used in this act and the act of which this act is amendatory, the terms "public parking stations" and "parking stations" includes parking lots, passageways, arcades, and facilities for ingress and egress to parking facilities. Any city of the first class in the state of Kansas may, in the discretion of its governing body, acquire by purchase, gift or condemnation, lands for public parking stations in or near commercial or industrial districts in such city. In acquiring said lands for public parking stations by condemnation, the provisions of K.S.A. 26-501 to 26-516, inclusive, shall, insofar as applicable, apply to and be followed in such condemnation proceedings.
History: L. 1941, ch. 128, § 1; L. 1955, ch. 100, § 1; L. 1963, ch. 234, § 33; January 1, 1964.
A benefit district shall be established by ordinance. One benefit district may be designated for the acquisition of lands for one or several parking stations. Prior to the establishment of a benefit district, the governing body of the city may conduct a survey and investigation for the purpose of determining suitable locations for parking stations, the approximate cost of acquiring and improving the land therefor, the area to be included in the benefit district or districts and the percentage of the costs of acquiring and improving such parking stations to be assessed against the benefit district which shall be not less than fifty percent (50%) nor more than ninety percent (90%).
A written report on such survey and investigation shall be filed in the office of the city clerk in such city. For the purpose of such survey and investigation, the governing body may employ such appraisers, engineers and other persons as it may deem necessary. The cost of such survey and investigation shall be included as a part of the cost of acquiring and improving the land for parking stations but if no land be acquired such costs may be paid from the general fund of the city. In establishing a benefit district, the governing body may fix the percentage of the cost of acquiring and improving lands for parking stations which is to be assessed against the benefit district.
History: L. 1941, ch. 128, § 2; L. 1947, ch. 143, § 1; L. 1949, ch. 142, § 1; June 30.
After a benefit district has been established, no further proceedings shall be taken unless there is filed with the city clerk within sixty (60) days of the passage of the ordinance creating the benefit district a petition requesting the establishment of public parking stations. Such petition shall be signed by the resident owners of real estate owning not less than fifty-one percent (51%) of the front feet of the real estate fronting or abutting upon any street included within the limits of the benefit district. In determining the sufficiency of the petition, lands owned by the city, county, state or United States or by nonresident owners of real estate within the benefit district shall not be counted in the aggregate of lands within such benefit district. After any petition has been signed by an owner of land in the benefit district, the change of ownership of said land shall not affect the petition.
In any case where the owners of lands within the benefit district are tenants in common or joint tenants, each cotenant or joint tenant shall be considered a landowner to the extent of his or her undivided interest in said land. The owner of a life estate shall also be deemed the sole landowner for the purpose of this act. Conservators may petition for their conservatees when authorized by the district court so to do. Resident owner of land, as defined herein, shall be any landowner who has resided in the city for thirty days prior to the passage of the ordinance and owning land in the benefit district. A Kansas corporation having its registered office in the city and owning land in the benefit district shall be deemed a resident landowner. No suit shall be maintained in any court to enjoin or in any way contest the establishment of such parking stations or the establishment of a benefit district unless said suit be instituted and summons served within thirty (30) days from and after the date of the filing of such petition with the city clerk.
History: L. 1941, ch. 128, § 3; L. 1949, ch. 142, § 2; L. 1965, ch. 134, § 1; L. 1976, ch. 145, § 39; January 10, 1977.
Title to the land condemned for parking stations shall vest in the city upon the giving of notice by the commissioners appointed to appraise and assess damages as specified in article 2, chapter 26, of the Kansas Statutes Annotated and any amendments thereto.
History: L. 1941, ch. 128, § 4; April 3.
Whenever the governing body shall have acquired lands for public parking stations it shall cause to be made by some competent person an estimate, under oath, of the cost of improving the land for parking stations, which estimate shall be filed with the city clerk. The percentage of the cost of improving such parking stations to be assessed against the benefit district shall be the same as determined for the cost of acquiring the lands therefor. The assessment against the benefit district shall be apportioned among the various lots, tracts, pieces and parcels of land within the benefit district in accordance with the special benefits accruing thereto, this apportionment of benefit assessments to be made by three disinterested property owners appointed by the governing body of such city within thirty days after the filing of the estimates of the cost of said improvement with the city clerk.
As soon as the amount chargeable against each piece of property is ascertained, the governing body of such city shall by ordinance levy such amount against this said real estate in the benefit district, which ordinance shall be published once in the official city paper. No suit to question the validity of the proceedings of the city shall be commenced after thirty days from the awarding of a contract for such improvements and until the expiration of said thirty days the contractor shall not commence work under his or her contract. If no suit shall be filed within such thirty days then all proceedings theretofore had shall be held to be regular, sufficient and valid.
History: L. 1941, ch. 128, § 5; L. 1947, ch. 143, § 2; L. 1949, ch. 142, § 3; June 30.
The cost of acquisition and improvements of public parking stations may be levied and assessed in not to exceed 10 installments, with interest on the whole amount remaining due and unpaid each year at a rate of interest not exceeding the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto. Any owner of land within the benefit district may, within 30 days after the assessment ordinance is passed, pay the entire amount assessed against the land. The governing body of such city is hereby authorized to assess, levy and collect the cost of acquisition and improvement of such public parking stations as is assessed against the privately owned property in the benefit district and to levy a general tax on all the property in such city to pay such part of the cost thereof as is not assessed against the privately owned property in the benefit district 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 suit shall be maintained in any court to enjoin or in any way contest the validity of any special assessment for the cost of acquiring or improving such parking stations unless the same is instituted and summons served within 30 days from and after the date of the publications of the ordinance levying such assessment. Where a city has improved parking lots under the provisions of this act, such city shall have authority by resolution, which resolution shall be published once in the official city paper, and without the necessity of a petition therefor to improve such parking lots including the construction thereon of additional facilities and shall pay for such improvements by the issuance of revenue bonds. The governing body of the city is hereby authorized to lease such parking facilities or to provide any method of operation for such facilities which in their opinion will be of greatest benefit to the public. No suit shall be maintained in any court to enjoin or in any way contest the validity of the proceedings of the governing body of the city for further improving already improved parking lots under the provisions of this act, unless the proceedings are instituted and summons served within 30 days from and after the date of the publication of the resolution authorizing the improvement.
"Revenue bonds" as used in this act means bonds issued by any municipality in this state, which are paid exclusively from the net revenue derived from the operation of off-street parking stations and from parking meters in the city. Such revenue bonds shall not constitute in any case, a general obligation of such city, and the bonds, if and when issued, shall not be taken into consideration or account as a limitation on the power of such city to issue bonds for any and all other purposes heretofore or hereafter authorized by law, with relation to a limitation upon the bonded indebtedness of the city. Revenue bonds issued under the provisions of this act shall mature serially or otherwise to conform to the plan of liquidation and payment of the bonds and interest thereon. The date of maturity of any of the bonds shall not be fixed for a longer period of time than 30 years after the date of issuance, and the bonds shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto. Such city shall have no right or authority to levy taxes to pay the principal or interest of revenue bonds as defined herein and the provisions of K.S.A. 10-113, and amendments thereto, shall not apply to this act. Parking meters may be placed in off-street parking stations now or hereafter established.
The revenue derived from such off-street parking meters and the revenue derived from any other method of operation of such off-street parking facilities shall be maintained in a revolving operating fund which need not be budgeted except that there shall be shown in the annual published budget the total amount received from all street parking and off-street parking meters and facilities, and the amount spent during each budget year and the purposes, including payments on bonds and interest, for which spent. All sums necessary for the operation of off-street parking meters and facilities and on-street parking meters and facilities shall be a first claim on all revenue received from such parking meters and facilities. The net amount, after the deduction of the necessary operating expenses, may be pledged for the payment of any revenue bonds issued to pay for the improvement of off-street parking meters and facilities on any improved parking lots within such city.
History: L. 1941, ch. 128, § 6; L. 1949, ch. 142, § 4; L. 1951, ch. 157, § 1; L. 1970, ch. 64, § 29; L. 1979, ch. 52, § 60; L. 1981, ch. 173, § 41; L. 1983, ch. 49, § 61; May 12.
Bonds of such city may be issued and sold to pay the cost of the lands acquired and the cost of such improvements. The bonds shall be payable in not to exceed 10 annual installments. The last installment shall be not later than 12 years from the date of issuance of such bonds. The bonds shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto.
History: L. 1941, ch. 128, § 7; L. 1949, ch. 142, § 5; L. 1970, ch. 64, § 30; L. 1983, ch. 49, § 62; May 12.
After any parking stations are acquired and improved by the city, the cost of maintaining, operating and policing the same shall be borne by the city. The use of such stations shall be free or for such charge or charges as shall be determined by the governing body to be collected either by parking meters or by attendants or otherwise.
History: L. 1949, ch. 142, § 6; June 30.
If any parking station so acquired and improved shall become unsuitable or unusable as a parking station, the governing body by ordinance may discontinue the use of said land as a parking station and use the same for other city purposes or sell the same as provided by law.
History: L. 1949, ch. 142, § 7; June 30.
If any part or parts, words or phrases or any section shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this act and it shall be conclusively presumed that the legislature would have passed this act without such part or parts which shall be held to be unconstitutional.
History: L. 1941, ch. 128, § 8; April 3.
History: L. 1941, ch. 145, §§ 1–3; Repealed, L. 1959, ch. 68, § 1; June 30.
Any city of the first class having a population of one hundred sixty-five thousand inhabitants or more and having a board of park commissioners may issue general bonds of such city in a total amount not exceeding $150,000 for the purpose of purchasing real estate and improving the same for park purposes.
History: L. 1949, ch. 140, § 1; February 26.
Before the issuance of any such bonds the board of park commissioners of such city shall by resolution determine the necessity for such purchase of real estate and such improvement of the same for park purposes, and shall file a certified copy of such resolution with the city clerk of such city.
History: L. 1949, ch. 140, § 2; February 26.
All bonds issued under this act shall be issued in the manner provided by law and any such bonds so issued shall be excluded from all the limitations contained in K.S.A. 13-1320 in determining the amount of bonds which said city may issue under the provisions of said section: Provided, That such bonds shall first be authorized by a majority of the qualified electors of such city voting on such proposition at an election duly called and held as provided by law: Provided further, That all proceedings heretofore taken in connection with the holding of any such election and the issuance of such bonds be and they are hereby validated.
History: L. 1949, ch. 140, § 3; February 26.
Any city of the first or second class may, as hereinafter provided, acquire by purchase, lease, gift or condemnation any land or lands in any areas zoned as business, commercial or industrial districts in such city for off-street parking facilities, and may dispose of improvements thereon not appropriate to parking uses, if such there be and may improve any such land or lands by the construction of a building thereon, or otherwise, so as to provide parking facilities.
In acquiring any land for off-street parking facilities by condemnation the provisions of K.S.A. 26-501 to 26-516, inclusive, shall apply to and be followed in such condemnation proceedings. Title in fee simple to any land or lands condemned under this act shall vest in the city upon the payment by the city of the amount of the award in the manner provided in K.S.A. 26-501 to 26-516, inclusive: Provided, That if any land or lands, including the improvements placed thereon, so acquired by purchase or condemnation shall become unsuitable or unusable as an off-street parking facility, the governing body, by resolution, may discontinue the use of said land as such parking facility and use the same for other public purposes.
History: L. 1951, ch. 175, § 1; L. 1955, ch. 101, § 1; L. 1963, ch. 234, § 34; January 1, 1964.
The governing body of any city of the first or second class desiring to acquire land or lands and improve same for establishment of off-street parking facilities shall conduct a survey and investigation for the purpose of determining suitable locations for such off-street parking facilities and the approximate cost of acquiring and improving land therefor. For the purpose of such survey and investigation the governing body of such city may employ such appraisers, engineers and other persons as it may deem necessary. The cost of such survey and investigation shall be included as a part of the cost of acquiring and improving the land for off-street parking facilities. If, upon completion of the survey and investigation, the governing body of any such city deems it advisable and of benefit to such city to acquire any land and improve the same for off-street parking facilities, the governing body shall adopt a resolution which shall set forth a description of the land to be acquired, the aggregate amount of money to be expended for acquiring and improving such land, including the cost of the survey and investigation, and the source of the funds to be used to pay the costs of such off-street parking facilities.
The governing body may exercise the authority herein granted if there is money in the current operating fund relating to highways, streets and alleys or in the parking meter fund which will not be necessary for current operations during any budget year. If there is no money available in such funds, the governing body may issue and sell revenue bonds to pay such aggregate costs or any portion thereof. The resolution shall be published once in the official city paper. No suit shall be maintained in any court to enjoin or in any way contest the validity of the proceedings of the governing body of the city under the provisions of this act, unless such suit is instituted and the summons is served within 30 days from and after the first publication of the resolution.
History: L. 1951, ch. 175, § 2; L. 1955, ch. 101, § 2; L. 1981, ch. 173, § 42; July 1.
Whenever the governing body of any city of the first or second class shall adopt the resolution provided for in K.S.A. 13-1389, as amended, said governing body may proceed to acquire the land described in said resolution by purchase, lease, gift or condemnation and may proceed to improve such lands acquired so as to provide off-street parking facilities. In the event that the governing body of the city shall find it necessary to issue revenue bonds to pay any or all of the aggregate cost involved in the acquiring and improvement of such land or lands for off-street parking facilities, such bonds shall be issued and sold as herein provided. The governing body of any such city is hereby authorized to determine the kind or type of off-street parking facilities to be established, the rates or fees to be charged for the use thereof, the method of operation, including the leasing thereof, and the rules and regulations governing use and operation thereof.
History: L. 1951, ch. 175, § 3; L. 1955, ch. 101, § 3; March 3.
Whenever the governing body of a city of the first or second class issues revenue bonds under this act, such revenue bonds shall not be general obligations of such city but shall be paid exclusively from the revenues derived from the operation of off-street parking facilities and on-street parking meters, except as hereinafter provided. The governing body of such city may provide, however, if it finds it to be in the best interest of the city, that revenue bonds issued hereunder shall be payable solely from the revenues derived from the operation of on-street parking meters and that no charge shall be imposed for the use of the off-street parking facilities acquired or improved out of the proceeds of such bonds. Such revenue bonds shall not be taken into account or in any wise be a limitation upon the power of such a city to issue bonds for any other purpose. No city issuing revenue bonds under this act shall have any right or authority to levy taxes to pay any of the principal of, or interest on any such bonds or any judgment against the issuing city on account thereof, and the provisions of K.S.A. 10-113, and amendments thereto, shall not apply to any bonds issued hereunder. All revenue bonds issued hereunder shall mature to conform with the plan of liquidation and payment of such bonds and the interest thereon as provided by the governing body. The maturity date of such revenue bonds shall not exceed a longer period of time than 40 years after the date of issuance and such bonds shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto.
Such revenue bonds shall not contain the recitals set forth in K.S.A. 10-112, and amendments thereto. Such bonds shall recite the authority under which such revenue bonds are issued, and that they are issued in conformity with the provisions, restrictions and limitations thereof, and that such bonds and interest thereon are to be paid from the net revenues received from the operation of off-street parking facilities and from on-street parking meters. The revenue bonds shall recite, also, that the same have been registered in the office of the city clerk, and in the office of the treasurer of the state of Kansas. Registration of the revenue bonds shall import absolute verity, and shall be conclusive as to the recitals, in favor of all persons purchasing such bonds, and that all proceedings and conditions precedent have been had and performed to authorize the issuance of such bonds, and such bonds shall be negotiable.
Whenever revenue bonds are issued under this act to finance the cost of acquiring land and constructing or placing of improvements thereon, such revenue bonds shall be a specific lien on such land and improvements and on all the revenues derived from the operation thereon of off-street parking facilities. The governing body may provide in the ordinance authorizing any such revenue bonds that the additional bonds may be issued payable out of the revenues of the facilities then being acquired under such conditions and restrictions as may be specified in such ordinance.
All revenues derived from the operation of off-street parking facilities shall be placed in a special fund which shall be used for the payment of operational and maintenance costs of such off-street parking facilities, including the cost of installation, maintenance and repair of parking meters therein, for which such cities are hereby expressly empowered to contract, and all revenues over and above those necessary for the above stated purposes shall be used for the retirement of revenue bonds issued hereunder and for the payment of interest thereon. All sums necessary for the operation of off-street parking facilities and on-street parking meters shall have a first claim on all revenues received from such facilities and meters. The net amount, after the deduction of the necessary operating expenses, may be pledged for the payment of any revenue bonds issued for the purposes herein authorized.
History: L. 1951, ch. 175, § 4; L. 1955, ch. 101, § 4; L. 1970, ch. 64, § 31; L. 1978, ch. 99, § 17; L. 1983, ch. 49, § 63; May 12.
In the event that any city to which this act applies, has taken preliminary proceedings relating to the authorization and issuance of revenue bonds but said bonds have not yet been issued, the governing body of said city may, if it deems it advisable, pledge the revenues derived from the off-street parking facilities and the on-street parking meters of said city in the same manner and to the same extent as provided in this act.
History: L. 1955, ch. 101, § 5; March 3.
History: L. 1957, ch. 240, § 1; Repealed, L. 1975, ch. 99, § 1; July 1.
History: L. 1957, ch. 130, § 1; Repealed, L. 1975, ch. 99, § 1; July 1.
The board of park commissioners of any city having a population in excess of two hundred thousand (200,000) is hereby authorized and empowered to issue revenue bonds for the acquisition, construction, alteration, repair, improvement, extension or enlargement of any revenue producing swimming pools and golf courses owned and operated by such board, subject to the terms and conditions of this act.
History: L. 1967, ch. 110, § 1; July 1.
Bonds issued under the terms of this act, together with interest thereon, shall be paid exclusively from the revenue derived from the operation of such swimming pools and golf courses.
History: L. 1967, ch. 110, § 2; July 1.
Revenues derived from the operation of any such swimming pools and golf courses financed in whole or in part by revenue bonds authorized by this act shall be paid into the treasury of the board of park commissioners and kept in a separate fund and shall not be used except for the purpose of paying the cost of operation, maintenance and improvement of such swimming pools and golf courses, providing an adequate depreciation fund and paying the principal of and the interest upon the revenue bonds issued under the act.
History: L. 1967, ch. 110, § 3; July 1.
Such revenue bonds are hereby made a lien on the revenue produced from the operation of such swimming pools and golf courses but shall not be general obligations of the issuing board and not contain the recital set forth in K.S.A. 10-112 or any amendment thereof, but shall contain recitals stating the authority under which such bonds are issued; that they are issued in conformity with the provisions, restrictions and limitations of that authority and that such bonds and the interest thereon are to be paid by the issuing board from the revenues derived from the fees, rates or charges herein mentioned and not from any other fund or source; that the same have been registered in the office of the clerk of the issuing municipality and the auditor of the state of Kansas respectively and that said bonds are negotiable. All such bonds, when registered and issued as herein provided, shall import absolute verity and shall be conclusive in favor of all persons purchasing such bonds; that all proceedings and conditions precedent have been held and performed to authorize the issuance thereof and such bonds shall be negotiable and shall be issued in addition to the statutory limits of bonded indebtedness of the issuing board or municipality.
History: L. 1967, ch. 110, § 4; July 1.
Bonds issued under this act shall not be sold for less than the principal amount thereof and accrued interest thereon and shall not be offered for sale nor purchased by the state school fund commission.
History: L. 1967, ch. 110, § 5; July 1.
Revenue bonds issued under the provisions of this act shall mature not later than 40 years after the date of issuance. Such bonds shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto. In no case where revenue bonds are issued pursuant to this act, after the project has been completed, shall the total amount received therefrom be in excess of the actual costs of the project. In the case where the bonds are issued prior to completion of the project and the total amount received therefrom exceeds the actual costs of the project when completed, then the excess shall forthwith be deposited in a separate fund and shall not be used except for the purpose of paying the principal of and the interest upon the revenue bonds issued under the act. No board or municipality shall have any right or authority to levy taxes to pay any of the principal of or interest on any such bond or any judgment against the issuing board or municipality on account thereof, and the provisions of K.S.A. 10-113, and amendments thereto, shall not apply to any bonds issued hereunder.
History: L. 1967, ch. 110, § 6; L. 1970, ch. 64, § 32; L. 1978, ch. 99, § 18; L. 1983, ch. 49, § 64; May 12.
The board of park commissioners of any such city, by a two-thirds vote of the members thereof, and with approval of the governing body of the city, may contract for the acquisition, construction, reconstruction, alteration, repair, improvement, extension or enlargement of such revenue producing swimming pools and golf courses and to issue such bonds in payment of the costs thereof: Provided, however, That the board of park commissioners shall, before contracting for any such acquisition, construction, reconstruction, alteration, repair, improvement, extension or enlargement, cause to be published in the official paper of such city a notice of its intention so to do, which notice shall describe the nature of the proposed acquisition, construction, reconstruction, alteration, repair, improvement, extension or enlargement of such swimming pools and golf courses, state the total amount of the cost thereof, and the amount of bonds to be issued for the payment thereof: Provided, however, That if within fifteen (15) days after the publication as aforesaid of such notice, there shall be filed with the clerk of the municipality wherein the board of park commissioners is located, a written protest against such proposed acquisition, construction, reconstruction, alteration, repair, improvement, extension or enlargement and such bond issue signed by not less than ten percent (10%) of the qualified electors of such municipality determined on the basis of the total vote cast for secretary of state in such city at the last preceding general election, the governing body of such municipality shall thereupon submit such proposed project and the proposed bond issue to the electors of such municipality at a special election to be called for that purpose upon at least ten (10) days notice to be held not later than sixty (60) days after the filing of such protest, or at a regular city election or general election, which will occur not sooner than thirty (30) days nor not later than sixty (60) days after the filing of such protest. In the event that a majority of such voters voting on such proposition at such election shall vote in favor thereof, such acquisition, construction, alteration, repair, improvement, extension or enlargement of such revenue producing swimming pools and golf courses shall be made and such bonds may be issued in payment of the cost thereof.
History: L. 1967, ch. 110, § 7; July 1.
History: L. 1925, ch. 111, § 1; L. 1976, ch. 87, § 2; Repealed, L. 1981, ch. 83, § 7; July 1.
History: L. 1925, ch. 111, § 2; Repealed, L. 1976, ch. 87, § 23; July 1.
The management and control of the municipal university established under the provisions of article 13a of chapter 13 of Kansas Statutes Annotated shall be vested in a board to be known as the board of regents of ______________ university of______________ (filling out the first blank with the name of the university and the second blank with the name of the municipality). By such name the municipal university may sue and be sued, issue contracts and hold such real and personal property as it may acquire. Such university shall possess the usual powers of a corporation for public purposes.
History: L. 1925, ch. 111, § 3; L. 1941, ch. 129, § 1; L. 1949, ch. 143, § 1; L. 1976, ch. 87, § 3; L. 1981, ch. 83, § 1; July 1.
(a) (1) The board of regents of a municipal university that has a taxing district that includes only territory lying within the corporate limits of the city where the university is located shall consist of nine members as follows:
(A) Four members shall be appointed by the mayor with the approval of the governing body of the city in which the university is located and shall hold office as provided in K.S.A. 13-13a05, and amendments thereto. Members appointed under this provision shall be residents of the city in which the university is located and shall include one from each of the three member districts established under subsection (c) and one from the city at large.
(B) Three members shall be appointed by the governor and shall hold office as provided in K.S.A. 13-13a06, and amendments thereto. Members appointed under this provision shall be residents of the state.
(C) One member shall be the mayor of the city in which the university is located or another member of the governing body of the city who is selected by the mayor.
(D) One member shall be a member of the state board of regents selected by the state board at its regular meeting in September of each year to serve as a member of the board of regents of the municipal university for the ensuing year.
(2) Resignations from the board of regents of the municipal university shall be made to the chairperson of the board. The chairperson shall report any vacancy occurring in the board to the authority that appointed the member whose position is vacant. All vacancies shall be filled by the authority that appointed the member whose position is vacant, and the appointed successor shall hold office for the remainder of the unexpired term and until a successor is appointed and qualified.
(b) (1) The board of regents of a municipal university that has a taxing district for retailers' sales tax purposes that includes the entire territory of the county where the university is located shall consist of nine members as follows:
(A) Three members shall be appointed by the mayor with the approval of the governing body of the city in which the university is located and shall hold office as provided in K.S.A. 13-13a05, and amendments thereto. Members appointed under this provision shall be residents of the city in which the university is located and shall include one from each of the three member districts established under subsection (c).
(B) Three members shall be appointed by the governor and shall hold office as provided in K.S.A. 13-13a06, and amendments thereto. The members appointed under this provision shall be residents of the state.
(C) One member shall be appointed by the board of county commissioners of the county in which the university is located and shall hold office as provided in K.S.A. 13-13a06, and amendments thereto. The member appointed under this provision shall be a resident of the county but shall reside outside the city in which the university is located.
(D) One member shall be the mayor of the city in which the university is located or another member of the governing body of the city who is selected by the mayor.
(E) One member shall be a member of the state board of regents selected by the state board at its regular meeting in September of each year to serve as a member of the board of regents of the municipal university for the ensuing year.
(2) Resignations from the board of regents of the municipal university shall be made to the chairperson of the board. The chairperson shall report any vacancy occurring in the board to the authority that appointed the member whose position is vacant. All vacancies shall be filled by the authority that appointed the member whose position is vacant, and the appointed successor shall hold office for the remainder of the unexpired term and until a successor is appointed and qualified.
(c) The boundaries for the three member districts described in subparagraphs (a)(1)(A) and (b)(1)(A) shall be as follows:
(1) District one shall consist of city council districts two, three and four of the city in which the university is located;
(2) district two shall consist of city council districts one, five and six of the city in which the university is located; and
(3) district three shall consist of city council districts seven, eight and nine of the city in which the university is located.
History: L. 1925, ch. 111, § 4; L. 1961, ch. 86, § 1; L. 1965, ch. 420, § 18; L. 1976, ch. 87, § 4; L. 1981, ch. 83, § 2; L. 1982, ch. 347, § 9; L. 1986, ch. 82, § 3; L. 1999, ch. 88, § 3; L. 2023, ch. 6, § 1; July 1.
(a) Whenever the board of regents of a municipal university levies a countywide retailers' sales tax pursuant to K.S.A. 13-13a38, and amendments thereto, the term of the member appointed from the city-at-large shall lapse. The terms of office of the members from the three board member districts appointed by the mayor of the city prior to the levying of a countywide retailer's sales tax shall expire on the dates of such members existing terms respectively. Each successor member shall be appointed and hold office for a term of four years and until a successor has been appointed and qualified.
(b) Whenever the board of regents of a municipal university levies a countywide retailers' sales tax pursuant to the provisions of this act, the board of county commissioners of the county in which the university is located shall appoint a member of the board of regents who is a resident of the county but not of the city. The term of office of the appointee shall be for a term of four years and until a successor has been appointed and qualified. Each successor member shall be appointed and hold office for a term of four years and until a successor has been appointed and qualified.
History: L. 1925, ch. 111, § 5; L. 1976, ch. 87, § 5; L. 1981, ch. 83, § 3; L. 1999, ch. 88, § 4; L. 2023, ch. 6, § 2; July 1.
(a) On the effective date of this act, the governor shall appoint two members of the board of regents as successors to two of the members who were appointed by the board of education of the school district in which the municipal university is located prior to the effective date of this act. The term of the member appointed to serve for a term expiring June 30, 1982, shall expire on the effective date of this act. The successor member shall serve for a term expiring June 30, 1983. The successor member to the member whose term expired June 30, 1981, shall serve for a term expiring June 30, 1984. The terms of the members appointed by the board of education prior to the effective date of this act to serve for terms expiring June 30, 1983, and June 30, 1984, respectively, shall expire June 30, 1982. On July 1, 1982, the governor shall appoint one successor member to serve for a term expiring June 30, 1986. The regent position held by the other member shall lapse. Upon the expiration of the terms of the three members first appointed by the governor after the effective date of this act, each successor member shall be appointed and hold office for a term of four years and until a successor has been appointed and qualified.
(b) Whenever the taxing district of the municipal university has been extended to include the entire territory of the county in which the university is located, the board of county commissioners shall meet and appoint one member to the board of regents of the municipal university to serve for a term of four years. Upon the expiration of the term of the first member appointed by the governor, the board of county commissioners shall meet and appoint a successor thereto. Such succeeding member shall be appointed for a term of four years. Upon the expiration of the terms of the remaining members, succeeding members shall be appointed for a term of four years and until a successor has been duly appointed and qualified.
History: L. 1925, ch. 111, § 6; L. 1965, ch. 420, § 24; L. 1976, ch. 87, § 6; L. 1981, ch. 83, § 4; July 1.
History: L. 1925, ch. 111, § 7; L. 1961, ch. 86, § 2; L. 1976, ch. 87, § 7; Repealed, L. 1981, ch. 83, § 7; July 1.
(a) Immediately after receiving notification of their appointment, regents-elect shall take oath to uphold the constitution of the United States and the constitution of Kansas, and faithfully, honestly and impartially to discharge the duties of their office. Regents shall serve without compensation.
(b) The board of regents shall organize each year, electing from their own number a chairperson and such other officers as may be necessary for the full discharge of the duties imposed on them. A majority of the regents duly appointed and qualified at any time shall constitute a quorum for the transaction of business.
History: L. 1925, ch. 111, § 8; L. 1976, ch. 87, § 8; L. 1981, ch. 83, § 5; July 1.
The board of regents so constituted shall have power to prescribe such rules, bylaws and regulations as may be proper for the board and for the government of the municipal university, its faculty, instructors, other employees and all students attending the university, subject to the existing laws of the state and of the United States. Said board of regents shall also have power to fix reasonable tuition and other charges to be paid by students attending said university, and may, in its discretion make additional charges to students who are not residents of the taxing district of said university.
History: L. 1925, ch. 111, § 9; L. 1976, ch. 87, § 9; July 1.
History: L. 1925, ch. 111, § 10; L. 1976, ch. 87, § 10; Repealed, L. 1981, ch. 83, § 7; July 1.
Such board of regents shall be vested with all powers, authority and control belonging to or vested in such municipal university with respect to the management of the estate, property and funds given, transferred, covenanted or pledged to such municipal university in trust or otherwise for such municipal university.
History: L. 1925, ch. 111, § 11; L. 1976, ch. 87, § 11; July 1.
The board of regents of a municipal university shall have power to employ a president of the municipal university, who shall be the chief executive officer of the board and of the municipal university; to employ all teachers, administrative assistants, university police officers and other employees necessary for the maintenance of the municipal university and the discharge of its functions; and to fix the salary or compensation of each; to provide all such necessary buildings, books, apparatus, means and appliances as may be needful for the maintenance and furtherance of the university and its various colleges, departments and undertakings; to make all suitable bylaws delegating all matters concerning admission, government, management and control of students, courses of study, discipline and other internal affairs of such university, as the board may see fit.
History: L. 1925, ch. 111, § 12; L. 1933, ch. 126, § 1; L. 1933, ch. 39, § 1 (Special Session); L. 1945, ch. 118, § 1; L. 1976, ch. 87, § 12; L. 1991, ch. 65, § 1; L. 1995, ch. 180, § 1; July 1.
The board shall have power to receive, hold, purchase, sell, rent and lease property, real, personal or mixed, and may enter into any legal and necessary contract in the discharge of its functions as a fully incorporated body. For the further endowment, maintenance or aid of such municipal university, it may receive bequests; accept and take, as trustee, and in trust for any purpose, any estate, property or fund which may have been or may lawfully be transferred to said board of regents or municipal university for such use by any person, persons or body corporate having them, or any annuity or endowment in the nature of income which may be covenanted or pledged to said board of regents or to the municipal university toward such use by any person, persons or body corporate.
Any person, persons or body corporate having or holding any such estate, property or funds in trust or applicable for the promotion of education or the advancement of any of the arts or sciences may convey, assign and deliver these to such board of regents as trustee in his, her, their or its place, or covenant or pledge its income or any part thereof to such board. Such estate, property, funds or income shall be held and applied by such board of regents in trust for the further endowment and maintenance and aid of such municipal university, in accordance with the terms and true intent of any trust or condition upon which they were originally given or held or may be so given and accepted hereafter, and such board of regents and its successors shall become and are perpetually obliged and held to observe and execute such trust in all respects according to any and all terms lawfully agreed upon at the time of such transfer and acceptance.
History: L. 1925, ch. 111, § 13; L. 1976, ch. 87, § 13; July 1.
The board of regents of said municipal university shall have power to prescribe rules, regulations, compensation and charges, if any, for the use; and to prescribe the purpose and manner of use, by persons, associations and corporations of the lands or buildings of said university or any part thereof at such times as the same are not required for the use of said university and those attending thereat. Such moneys received by the university shall be credited to the general fund of the university. Said board shall have power to prescribe the fees or charges, if any, such persons, associations or corporations may exact for attendance at or participation in the use so permitted.
History: L. 1925, ch. 111, § 14; L. 1976, ch. 87, § 14; July 1.
History: L. 1925, ch. 111, § 15; Repealed, L. 1963, ch. 456, § 9; June 30.
The board of regents of said municipal university shall have the power to determine all questions of departments or schools to be established within said municipal university, all courses to be offered, degrees to be conferred, all questions of organization or discipline, and the fees or charges to be paid by those availing themselves of the privileges or opportunities of said university, and to delegate the execution of such details as said board may see fit to the duly authorized agents of said board.
The board shall have the right, after conferring with the president and faculty, to confer all honors, diplomas, certificates and degrees suitable to institutions of the same class. The board shall have the power upon such terms and conditions as it may prescribe, to furnish special courses and courses in vocational education subjects and civic administration and other educational advantages, including the admission of nonmatriculated students within the college buildings or elsewhere, and may grant suitable certificates and vocational education diplomas and degrees to such students as shall have completed the course of study so prescribed. All moneys received, as provided by this section, shall be credited to the general fund of said university, and all expenses incurred in pursuance of this section shall be met from said general funds, subject to the regulation of said board of regents.
History: L. 1925, ch. 111, § 16; L. 1976, ch. 87, § 15; July 1.
The board of regents of such municipal university is authorized to cooperate with any board of education and with all agencies of the city, state or federal government for the furtherance of education. The governing body of any municipal or taxing subdivision of the state may set apart or appropriate as a site for the buildings and grounds of such municipal university or any of its departments any public grounds not specifically appropriated or dedicated to any other use and any board of education of any such municipal* may, for a like purpose, set apart, convey or lease for a term of years, to and for the use of said municipal university any grounds or buildings owned or controlled by such board.
History: L. 1925, ch. 111, § 17; L. 1976, ch. 87, § 16; July 1.
(a) The board of regents of a municipal university which has not levied a retailers' sales tax under the provisions of this act may annually levy a tax for the support of such municipal university, including buildings, equipment and repairs of the buildings and equipment of such municipal university, insurance, and may include provisions for retirement annuities and pensions, group disability income insurance, group term insurance and group hospitalization and major medical insurance for the benefit of instructors and other employees, and may establish a procedure whereby the instructors and other employees of such municipal university may, subject to rules and regulations of such board of regents, request such board of regents in writing for reductions in compensation and the contribution thereof for tax sheltered annuities as permitted under the provisions of the internal revenue code of 1954, as amended, and including such amount as shall be necessary for the annual operation of such municipal university and for the retirement of bonds issued as provided in K.S.A. 13-13a23, and amendments thereto, and for a sinking fund to retire such bonds, not exceeding in any one year five mills on all taxable tangible property within the taxing district of such municipal university. Whenever such board of regents shall determine that the tax levied for the purposes specified in this section for the prior year will be insufficient to finance such purposes for the current year, such board may adopt a resolution declaring it necessary to increase such levy in an amount not to exceed one mill in any one year up to an amount which together with the amount of the previous levy shall not exceed a total of seven mills in any year. Such resolution shall state the total amount of the tax to be levied for such purposes and shall be published once each week for three consecutive weeks in a newspaper having general circulation in the city in which such municipal university is located. Whereupon such increased levy may be made for the current year and each succeeding year unless a petition requesting an election upon the proposition to increase the tax levy in excess of the rate of such levy in the prior year, signed by electors equal in number to not less than 5% of the qualified electors who voted at the last preceding regular city election, as shown by the poll books, is filed with the county election officer within 60 days following the date of the last publication of the resolution. In the event a valid petition is filed, no such increased levy shall be made without such proposition having been submitted to and having been approved by a majority of the electors voting at an election called and held thereon. All such elections shall be called and held in the manner prescribed for the calling and holding of elections upon the question of the issuance of bonds under the general bond law. The president and clerk of such board of regents shall, on or before August 25, certify such levy to the county clerk who is hereby authorized and required to place the same on the tax roll of said county to be collected by the treasurer of the county as are other taxes. The proceeds of such levy shall be paid over by the county treasurer to the treasurer of such board of regents, subject to the order of said board of regents. The tax levy authorized by this section shall be in addition to the tax levy authorized by K.S.A. 13-13a23, or acts amendatory thereof.
(b) The board of regents which has levied a countywide retailers' sales tax under the provisions of this act may use the proceeds of such sales tax for the same purposes that the revenue from a tax on tangible property may be used.
(c) Whenever the board of regents of a municipal university imposes a countywide retailers' sales tax there shall be created within the university's chart of accounts the sales tax smoothing fund. There shall be credited or transferred to such fund amounts received by the university from sales tax revenue in any year which are in excess of such tax revenues budgeted for expenditure for such year. Expenditures and transfers from such fund shall be made for the same purposes prescribed by subsection (b) in any year when estimated sales tax revenue is less in any such year than that budgeted for such year.
History: L. 1925, ch. 111, § 18; L. 1933, ch. 126, § 2; L. 1933, ch. 39, § 2 (Special Session); L. 1937, ch. 136, § 1; L. 1941, ch. 129, § 2; L. 1945, ch. 119, § 1; L. 1949, ch. 144, § 1; L. 1951, ch. 158, § 1; L. 1957, ch. 117, § 1; L. 1974, ch. 80, § 1; L. 1976, ch. 87, § 17; L. 1978, ch. 295, § 1; L. 1999, ch. 88, § 5; April 15.
History: L. 1933, ch. 39, § 3 (Special Session); Repealed, L. 1951, ch. 131, § 1; June 30.
All other powers and privileges necessary for the discharge of the functions of said municipal university which are not herein prescribed or limited are hereby granted, providing they are not in conflict with other specific legislation. The provisions of this act and all grants of power, authority or rights herein made to boards of regents created under the provisions of this act shall be liberally construed and all incidental powers necessary to carry into effect the provisions of this act, are hereby expressly granted to and conferred upon such boards of regents.
History: L. 1925, ch. 111, § 19; L. 1976, ch. 87, § 18; July 1.
The board of regents of the municipal university shall make a written report, as soon after July 1 of each year as is possible, to the governor and to the governing body of the city in which the university is located and submit a copy thereof to the board of education of each school district all or any portion of the territory of which is located within the taxing district of the municipal university and, if the taxing district of the municipal university is extended to the entire territory of the county in which the municipal university is located, to the board of county commissioners of the county. The report shall state fully the status and progress of the university, both educationally and financially, during the fiscal year immediately preceding, and such other information regarding the university as the board of regents shall determine.
History: L. 1925, ch. 111, § 20; L. 1976, ch. 87, § 19; L. 1981, ch. 83, § 6; July 1.
If any section or provision of this act shall be found invalid by any court, it shall be conclusively presumed that this act would have been passed by the legislature without such individual section or provision, and the act as a whole shall not be declared invalid by reason of the fact that one or more sections or provisions may be found invalid by any court.
History: L. 1925, ch. 111, § 21; February 14.
All property, whether real, personal or mixed, heretofore or hereafter acquired by any municipal university to which this act applies shall be taken and held in the name of the said municipal university.
History: L. 1927, ch. 135, § 1; L. 1949, ch. 143, § 2; L. 1976, ch. 87, § 20; July 1.
History: L. 1929, ch. 121, § 1; Repealed, L. 1937, ch. 136, § 3; L. 1937, ch. 137, § 1; June 30.
(a) The board of regents of any municipal university heretofore or hereafter created and established under the provisions of article 13a of chapter 13 of the Kansas Statutes Annotated, and amendments thereto, shall have the continuing right, power and authority, by resolution, to issue bonds of such municipal university from time to time, for the purpose of acquiring real estate, erecting buildings or additions to present buildings and the purchase of equipment for such buildings and for refunding any indebtedness of such university. There shall not be outstanding at any one time an aggregate of bonds of the municipal university in excess of 2% of the assessed valuation of the taxable tangible property within the corporate limits of the city in which the university is located. The bonds shall bear interest at a rate not exceeding the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto, and shall mature not later than 30 years from date of issuance.
(b) Provisions for the payment of bonds issued under this section shall be made by the establishment of a sinking fund to be created out of the proceeds derived from the taxes levied each year by the board of regents of such municipal university pursuant to subsection (c) of this section.
(c) The board of regents is hereby authorized to levy taxes on all taxable tangible property within the corporate limits of the city in which the university is located to provide for: (1) The sinking fund established under subsection (b); (2) the construction, reconstruction, or equipping of new or existing buildings; and (3) for any other capitalized equipment or permanent improvements. Except as provided in subsection (d), such taxes shall be in addition to all taxes which may be levied by the board of regents pursuant to K.S.A. 13-13a18, and amendments thereto, and shall not exceed 3 mills in any one year.
(d) The board of regents which has levied a retailers' sales tax under the provisions of this act shall levy no other property tax except as authorized by K.S.A. 13-13a23, and amendments thereto, and K.S.A. 75-6111, and amendments thereto.
(e) The proceeds from the tax levy authorized under this section, other than that portion of the proceeds for the sinking fund, may be accumulated from year to year and expended for the construction, reconstruction or equipping of new or existing buildings, permanent improvements or capitalized equipment or for any one or more of such purposes, and shall not be subject to the provisions of the budget laws, except that in making the budget of the municipal university the amount so accumulated and the amount expended thereof shall be shown therein for the information of the taxpayers.
History: L. 1931, ch. 89, § 1; L. 1937, ch. 136, § 2; L. 1947, ch. 142, § 1; L. 1951, ch. 158, § 2; L. 1953, ch. 90, § 1; L. 1965, ch. 135, § 1; L. 1970, ch. 64, § 33; L. 1976, ch. 87, § 21; L. 1978, ch. 99, § 19; L. 1985, ch. 81, § 1; L. 1988, ch. 83, § 1; L. 1989, ch. 68, § 1; L. 1990, ch. 66, § 19; L. 1997, ch. 83, § 1; L. 1999, ch. 88, § 6; April 15.
(a) The taxing district of any municipal university which has heretofore been established under the provisions of article 13a of chapter 13 of Kansas Statutes Annotated may be extended to include the entire territory of the county in which the municipal university is located in the manner provided in this section.
(b) Whenever a petition, signed by not less than ten percent (10%) of the registered voters residing outside of the city but within the county in which such university is located, shall be filed in the office of the county election officer not less than sixty (60) days preceding the date fixed for the holding of the general election in November in any even-numbered year requesting the same, the question of extending the taxing district of said municipal university to the entire territory of said county shall be submitted to the electors of such county residing outside of the corporate limits of the city in which such university is located for their approval or rejection at the general election held in November of such year. Such election shall be conducted in the manner provided by law for elections on questions submitted in the county. Whenever such proposition has been submitted to and been rejected by the voters voting at an election held thereon such proposition shall not again be submitted to the voters of such county. The question shall be stated on the ballot as follows:
"Shall the taxing district of ______________ university of ______________ be extended to include the entire territory of ______________ county, Kansas?"
The first blank shall be filled with the name of the university. The second blank shall be filled with the name of the municipality. The third blank shall be filled with the name of the county in which the university is located. All registered voters residing within the county but outside the corporate limits of the city in which such university is located may vote at the election. If a majority of those voting at such election shall vote in favor of extending the taxing district of the municipal university, the same shall thereupon be extended to the entire territory of the county in which the municipal university is located for all purposes, including the purpose of the budget adopted and taxes certified in the year next succeeding the election, and for all years thereafter.
History: L. 1976, ch. 87, § 1; July 1.
History: L. 1982, ch. 282, § 5; L. 1999, ch. 88, § 7; L. 1999, ch. 147, § 67; L. 2002, ch. 108, § 1; L. 2003, ch. 35, § 1; L. 2004, ch. 185, § 28; Expired, June 30, 2006.
History: L. 1982, ch. 282, § 6; L. 1983, ch. 72, § 1; L. 1986, ch. 256, § 1; L. 1988, ch. 274, § 5; L. 1990, ch. 66, § 20; L. 1999, ch. 147, § 68; L. 2002, ch. 108, § 2; L. 2003, ch. 35, § 2; L. 2004, ch. 185, § 29; Expired, June 30, 2006.
History: L. 1982, ch. 282, § 7; L. 1986, ch. 256, § 2; L. 1991, ch. 225, § 7; L. 1999, ch. 147, § 69; L. 2002, ch. 108, § 3; L. 2003, ch. 35, § 3; L. 2004, ch. 185, § 30; Expired, June 30, 2006.
History: L. 1982, ch. 282, § 8; L. 1983, ch. 72, § 2; L. 1986, ch. 256, § 3; Repealed, L. 1999, ch. 147, § 132; July 1.
History: L. 1982, ch. 282, § 9; L. 1999, ch. 147, § 70; L. 2002, ch. 108, § 4; L. 2003, ch. 35, § 4; L. 2004, ch. 185, § 31; Expired, June 30, 2006.
History: L. 1982, ch. 282, § 10; L. 1987, ch. 273, § 1; L. 1988, ch. 274, § 6; Repealed, L. 1999, ch. 147, § 132; July 1.
History: L. 1982, ch. 282, § 11; L. 1999, ch. 147, § 71; L. 2002, ch. 108, § 5; L. 2003, ch. 35, § 5; L. 2004, ch. 185, § 32; Expired, June 30, 2006.
History: L. 1982, ch. 282, § 12; L. 1999, ch. 147, § 72; L. 2002, ch. 108, § 6; L. 2003, ch. 35, § 6; L. 2004, ch. 185, § 33; Expired, June 30, 2006.
History: L. 1982, ch. 282, § 13; L. 1999, ch. 147, § 73; L. 2002, ch. 108, § 7; L. 2003, ch. 35, § 7; L. 2004, ch. 185, § 34; Expired, June 30, 2006.
History: L. 1982, ch. 282, § 14; L. 1991, ch. 225, § 8; L. 1999, ch. 147, § 74; L. 2002, ch. 108, § 8; L. 2003, ch. 35, § 8; L. 2004, ch. 185, § 35; Expired, June 30, 2006.
All roads, streets, driveways, and parking facilities for motor vehicles on the grounds of Washburn university of Topeka shall be under the care, control, maintenance and supervision of the board of regents of that university as empowered by K.S.A. 13-13a19. The board is authorized to allocate and designate parking areas on the grounds of the university and may authorize the university: (1) To issue permits to use such parking areas to its officers, employees and to the students attending the university; (2) to allocate parking areas to those persons having business appointments, or to guests of the university; and (3) to fix such fees for misuse of the parking areas by the officers, employees or students attending the university as shall be established by the rules and regulations of the board.
Any motor vehicle parked upon any of the parking facilities of the university without the permission of the board or its authorized agents shall be deemed a common nuisance and the board shall provide for the abatement of the nuisance by providing by rules and regulations for the removal and impounding of the vehicle. The cost of abating, removal and impounding shall be a lien against the motor vehicle until paid by the owner or * of the owner.
History: L. 1982, ch. 82, § 1; July 1.
The board may adopt and enforce rules and regulations governing the parking of motor vehicles upon the roads, streets, driveways and parking facilities of the university and also rules and regulations prescribing speed limits on the roads, streets, driveways and grounds of the university. The rules and regulations prescribing speed limits shall be publicly posted at or on roads, streets, driveways, grounds or parking facilities to which they are applicable and in the manner prescribed by the board.
History: L. 1982, ch. 82, § 2; July 1.
The board may provide for the charging and collection of fees for the use of parking facilities at the university, and these and all fees for misuse of parking areas so collected shall be placed in a separate account and may be used by the university for the payment of the expense of enforcing the rules and regulations governing parking and speed limits and the construction, maintenance and repair of parking facilities at the university.
History: L. 1982, ch. 82, § 3; July 1.
(a) The board of regents of Washburn University of Topeka may adopt a resolution imposing a countywide retailers' sales tax within Shawnee county. Such resolution shall be published once each week for two consecutive weeks in the Shawnee county official newspaper. The rate of any such tax shall not exceed .65%. Such university is prohibited from administering or collecting such tax locally, but shall utilize the services of the state department of revenue to administer, enforce and collect such tax. Except as otherwise provided by K.S.A. 13-13a39, and amendments thereto, such tax shall be identical in its application and exemptions therefrom to the Kansas retailers' sales tax act, and all laws and rules and regulations of the state department of revenue relating to the Kansas retailers' sales tax act shall apply to such tax insofar as the same may be made applicable.
(b) The secretary of revenue is authorized to administer, enforce and collect the university's retailers' sales tax and to adopt such rules and regulations necessary for the efficient and effective administration, enforcement and collection thereof. The state director of taxation shall cause such taxes to be collected within the boundaries of Shawnee county at the same time and in the same manner provided for the collection of the state retailers' sales tax. All moneys collected by the director of taxation pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Washburn University of Topeka retailers' sales tax fund, which fund is hereby established in the state treasury. Any refund due on any tax collected pursuant to this section shall be paid out of the sales tax refund fund and reimbursement to such fund shall be made by the director of taxation from collections of the university's sales tax revenue. All moneys collected pursuant to this section for such university shall be remitted at least quarterly by the state treasurer to the treasurer of such university.
(c) All revenue received by Washburn University of Topeka from its retailers' sales tax shall be used solely for the purpose of financing its operations regarding all support activities described by K.S.A. 13-13a18, and amendments thereto.
(d) If within 30 days of the final publication of a resolution adopted pursuant to subsection (a), a petition signed by a number of electors of the county equal to not less than 5% of the number of qualified electors of the county shall be filed in the office of the county election officer demanding that such resolution be submitted to a vote of the electors, it shall not take effect until submitted to a referendum and approved by the electors. An election if called, shall be called within 30 days and held within 45 days after the filing of the petition. The board, by resolution, shall call the election and fix the date. Such resolution shall be published once each week for two consecutive weeks in the official county newspaper, and the election shall be conducted in the same manner as are elections for officers of such county. Such election may be conducted in accordance with the provisions of the mail ballot election act. The proposition shall be: "Shall Washburn University of Topeka be authorized to impose a countywide sales tax not to exceed .65% in Shawnee county for purposes of eliminating 15 mills of ad valorem property taxes now levied by the university and eliminating the payment of out-district tuition by the townships within Shawnee county to the university?"
(e) The provisions of K.S.A. 12-191 and 12-191a, and amendments thereto, insofar as may be made applicable, shall apply to sales subject to the tax imposed pursuant to this section.
History: L. 1999, ch. 88, § 1; L. 2001, ch. 5, § 56; July 1.
Sales subject to the countywide and city retailers' sales tax pursuant to K.S.A. 12-189a, and amendments thereto, shall also be subject to the taxes levied by Washburn University of Topeka under the provisions of K.S.A. 13-13a38, and amendments thereto.
History: L. 1999, ch. 88, § 2; L. 2022, ch. 89, § 3; January 1, 2023.
As used in this act:
(a) "University" means Washburn university of Topeka;
(b) "state board" means the state board of regents; and
(c) "state grant" means the operating grant provided for under subsection (a) of K.S.A. 13-13a41, and amendments thereto, and if entitlement is determined, the quality performance grant provided for under subsection (b) of K.S.A. 13-13a41, and amendments thereto.
History: L. 1961, ch. 365, § 1; L. 1965, ch. 416, § 1; L. 1969, ch. 310, § 38; L. 1972, ch. 263, § 1; L. 1991, ch. 225, § 1; L. 1999, ch. 147, § 58; July 1, 2000.
(a) Except to the extent provided in subsection (4), in each fiscal year, the university is entitled to an operating grant from the state general fund in an amount to be determined by the state board. The state board shall:
(1) Determine the average amount of moneys from the state general fund expended per FTE lower division undergraduate student in the preceding fiscal year at the regional state educational institutions;
(2) (A) in the 2002 fiscal year, compute 55% of the amount determined under (1); (B) in the 2003 fiscal year, compute 60% of the amount determined under (1); (C) in the 2004 fiscal year and in each fiscal year thereafter, compute 65% of the amount determined under (1);
(3) multiply the amount computed under (2) by the number of FTE students of the university. Subject to the provisions of subsection (e) of K.S.A. 74-3202d, and amendments thereto, the product is the amount of the operating grant the university is entitled to receive for the fiscal year.
(4) Notwithstanding the foregoing provisions, no amount of the university's operating grant shall be based upon any credit hour for which the university or its affiliated institute of technology is receiving or is eligible to receive postsecondary tiered technical education state aid in accordance with K.S.A. 71-1803, and amendments thereto.
(b) (1) For the purposes of this section, the FTE enrollment of the university shall be based on: (A) Enrollment of students who are residents of the state of Kansas; and (B) the greater of FTE enrollment in the second or third fiscal year preceding the fiscal year for which the appropriation for the operating grant is made.
(2) As used in this section, the term "regional state educational institutions" means Emporia state university, Fort Hays state university and Pittsburg state university, and the term "lower division undergraduate student" means a freshman or sophomore.
(c) Moneys received as state grants from the state general fund shall not be expended for the purpose of expansion of graduate programs or for the purpose of expansion of off-campus programs without the prior approval of the state board.
History: L. 1961, ch. 365, § 3; L. 1965, ch. 416, § 2; L. 1967, ch. 390, § 1; L. 1969, ch. 332, § 1; L. 1973, ch. 290, § 1; L. 1974, ch. 305, § 1; L. 1975, ch. 376, § 1; L. 1977, ch. 233, § 2; L. 1978, ch. 295, § 2; L. 1980, ch. 208, § 3; L. 1982, ch. 282, § 4; L. 1984, ch. 258, § 2; L. 1985, ch. 234, § 3; L. 1988, ch. 274, § 7; L. 1991, ch. 225, § 2; L. 1992, ch. 24, § 1; L. 1999, ch. 147, § 60; L. 2001, ch. 51, § 1; L. 2002, ch. 188, § 9; L. 2011, ch. 97, § 37; July 1.
(a) On or before November 1 and on or before April 1 of each year, the president and treasurer of the university shall certify under oath to the state board the total number of duly enrolled credit hours of students of the university during the current term who meet the state residence requirement. The state board may require the university to furnish any additional information deemed necessary by it to carry out the provisions of this act and shall prescribe such forms, to be approved by the attorney general, as may be necessary for making such reports.
(b) Persons enrolling in the university who, if adults, have not been, or if minors, whose parents have not been residents of the state of Kansas for at least six months prior to enrollment for any term are nonresidents for the purpose of determination of entitlement to state grants. The state board may adopt rules and regulations prescribing criteria or guidelines for determination of residence of students, so long as such criteria or guidelines are not in conflict with the provisions of this section, and may make conclusive determination of any residence matter for the purpose of determination of entitlement to state grants.
History: L. 1961, ch. 365, § 4; L. 1965, ch. 416, § 3; L. 1969, ch. 310, § 39; L. 1979, ch. 230, § 1; L. 1999, ch. 147, § 62; July 1, 2000.
The payment to the university of the total amount of its state grant shall be made in substantially equal amounts on August 1 and January 1 of each year, or as soon thereafter as possible. The state board shall certify, on or before July 20 and December 20 of each year, to the director of accounts and reports the amount due the university from the state general fund on August 1 or on January 1, as the case may be, and the director shall draw a warrant upon the state treasurer in favor of the university for such amount. Upon receipt of such warrant, the treasurer of the university shall credit the same to the general fund of the university. All moneys received by the university under this section shall be used to pay current operating expenses of the university, and shall not be used for the making of capital improvements.
History: L. 1961, ch. 365, § 6; L. 1969, ch. 310, § 41; L. 1987, ch. 273, § 3; L. 1988, ch. 274, § 8; L. 1991, ch. 225, § 3; L. 1999, ch. 147, § 64; July 1, 2000.
At its regular meeting in September of each year, the state board shall select one of its members who shall serve as a member of the board of regents of the university for the ensuing calendar year.
History: L. 1961, ch. 365, § 7; L. 1991, ch. 225, § 4; July 1.
The university shall be eligible to receive payments of state grants from the state general fund to continue and further its traditional program of operating a liberal arts college, a school of business, a school of law, a school of nursing and a school of applied studies. While receiving payments from the state general fund, the university shall be limited to associates, bachelors, masters, doctor of nursing practice and juris doctor degree work and shall not establish specialized schools such as journalism, medicine, pharmacy and engineering, or other new educational schools unless authorized by act of the legislature.
History: L. 1961, ch. 365, § 8; L. 1972, ch. 264, § 1; L. 1974, ch. 306, § 1; L. 1982, ch. 296, § 1; L. 1983, ch. 240, § 1; L. 1991, ch. 225, § 5; L. 1992, ch. 24, § 2; L. 1999, ch. 147, § 65; L. 2012, ch. 4, § 1; July 1.
The university shall not be eligible to receive payments of state grants from the state general fund unless it is currently a member in good standing of an accrediting agency or association recognized by the United States department of education in the database maintained by such department.
History: L. 1961, ch. 365, § 9; L. 1991, ch. 225, § 6; L. 1999, ch. 147, § 66; L. 2025, ch. 14, § 3; July 1.
(a) The state board shall: (1) Review the university's mission and goals statement, strategies for achieving mission focus and attaining identified goals, academic and administrative program review process, and established priorities for enhancement of academic disciplines; and (2) identify and approve core indicators of quality performance for the university. The core indicators of quality performance identified and approved for the university shall be consonant with the core indicators of quality performance identified and approved for the state educational institutions.
(b) From reports, documents, data and such other information as the university may provide in each fiscal year, the state board shall determine the effectiveness of the university in complying with its mission and goals statement and in meeting the core indicators of quality performance.
History: L. 1999, ch. 147, § 59; May 20.
History: L. 1939, ch. 128, §§ 1–6; Repealed, L. 1947, ch. 127, § 1; April 11.
History: L. 1943, ch. 109, §§ 1–6; Repealed, L. 1947, ch. 127, § 1; April 11.
History: L. 1945, ch. 135, § 1; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1945, ch. 135, § 2; L. 1949, ch. 145, § 1; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1945, ch. 135, §§ 3–6; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1959, ch. 103, §§ 1–3; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1959, ch. 103, § 4; L. 1981, ch. 173, § 43; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1959, ch. 103, § 5; L. 1963, ch. 234, § 98; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1959, ch. 103, §§ 6, 7; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1959, ch. 103, § 8; L. 1976, ch. 88, § 1; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1959, ch. 103, § 9; L. 1970, ch. 64, § 34; L. 1977, ch. 58, § 10; L. 1983, ch. 49, § 65; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1959, ch. 103, §§ 10–20; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1903, ch. 122, § 171; R.S. 1923, § 13-1401; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 172; R.S. 1923, § 13-1402; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1903, ch. 122, § 173; L. 1905, ch. 113, § 1; R.S. 1923, § 13-1403; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 174; R.S. 1923, § 13-1404; Repealed, L. 1975, ch. 100, § 1; July 1.
History: L. 1903, ch. 122, § 177; R.S. 1923, § 13-1405; Repealed, L. 1963, ch. 90, § 1; June 30.
History: R.S. 1923, § 13-1406; L. 1963, ch. 456, § 2; Repealed, L. 1969, ch. 429, § 3; January 1, 1970.
The city shall not be required in any proceeding in any court to give security for costs on appeal, or any stay or supersedeas bond, where the city is plaintiff or defendant.
History: L. 1903, ch. 122, § 179; March 18; R.S. 1923, § 13-1407.
History: L. 1903, ch. 122, § 180; R.S. 1923, § 13-1408; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 181; R.S. 1923, § 13-1409; Repealed, L. 1963, ch. 90, § 1; June 30.
Regular meetings of the council shall be held at such times, not less than once each month, as shall be prescribed by ordinance. In all cases it shall require a majority of the councilmen elected to constitute a quorum to do business, but a smaller number may adjourn from time to time, and may compel the attendance of absent members in such manner and under such penalties as the council may have by ordinance previously prescribed.
History: L. 1903, ch. 122, § 182; March 18; R.S. 1923, § 13-1410.
History: L. 1903, ch. 122, § 183; R.S. 1923, § 13-1411; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1903, ch. 122, § 184; R.S. 1923, § 13-1412; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 185; R.S. 1923, § 13-1413; Repealed, L. 1965, ch. 131, § 10; June 30.
History: L. 1903, ch. 122, § 186; R.S. 1923, § 13-1414; L. 1947, ch. 145, § 1; Repealed, L. 1968, ch. 375, § 19; July 1.
History: L. 1903, ch. 122, § 187; R.S. 1923, § 13-1415; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 188; R.S. 1923, § 13-1416; Repealed, L. 1963, ch. 90, § 1; June 30.
Any city may bring an action to enjoin and abate or prevent any nuisance that exists or is about to be created within the city or within three miles of its corporate limits.
History: L. 1903, ch. 122, § 189; March 18; R.S. 1923, § 13-1417.
History: L. 1903, ch. 122, § 190; R.S. 1923, § 13-1418; Repealed, L. 1963, ch. 90, § 1; June 30.
History: L. 1903, ch. 122, § 191; R.S. 1923, § 13-1419; L. 1949, ch. 146, § 1; Repealed, L. 1959, ch. 64, § 17; June 30.
History: L. 1941, ch. 143, § 1; L. 1945, ch. 120, § 1; Repealed, L. 1971, ch. 58, § 1; July 1.
History: L. 1903, ch. 122, § 192; R.S. 1923, § 13-1420; Repealed, L. 1981, ch. 173, § 85; July 1.
History: L. 1903, ch. 122, § 193; R.S. 1923, § 13-1421; Repealed, L. 1959, ch. 64, § 17; June 30.
History: L. 1903, ch. 122, § 194; R.S. 1923, § 13-1422; Repealed, L. 1959, ch. 64, § 17; June 30.
History: L. 1903, ch. 122, § 195; R.S. 1923, § 13-1423; L. 1945, ch. 121, § 1; Repealed, L. 1959, ch. 64, § 17; June 30.
History: L. 1903, ch. 122, § 196; L. 1911, ch. 95, § 1; R.S. 1923, § 13-1424; Repealed, L. 1998, ch. 6, § 1; July 1.
Every city of the second class which shall become a city of the first class under and by virtue of the provisions of this act is hereby authorized and empowered to continue and consummate, in the manner provided by acts of the legislature under and by virtue of which it may have commenced to refund and compromise the same, the refunding and compromising its bonded indebtedness, upon any terms between it and the owners of its bonds agreed upon: Provided, That no city shall refund any of its indebtedness at any amount exceeding the par value of the principal and interest; nor shall any such city pay any commission fees or expenses to any person whatever on account of refunding any of its indebtedness.
History: R.S. 1923, § 13-1425; December 27.
History: L. 1903, ch. 122, § 198; R.S. 1923, § 13-1426; Repealed, L. 1998, ch. 43, § 1; July 1.
History: L. 1903, ch. 122, § 199; R.S. 1923, § 13-1427; Repealed, L. 1998, ch. 43, § 1; July 1.
History: L. 1903, ch. 122, § 200; R.S. 1923, § 13-1428; Repealed, L. 1998, ch. 43, § 1; July 1.
History: L. 1903, ch. 129, §§ 1, 2; R.S. 1923, §§ 13-1429, 13-1430; Repealed, L. 1959, ch. 78, § 5; June 30.
History: R.S. 1923, § 13-1431; L. 1937, ch. 138, § 1; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1903, ch. 129, § 4; R.S. 1923, § 13-1432; L. 1953, ch. 91, § 1; Repealed, L. 1961, ch. 88, § 1; L. 1961, ch. 89, § 1; June 30.
History: R.S. 1923, § 13-1433; L. 1937, ch. 138, § 2; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1903, ch. 129, § 6; R.S. 1923, § 13-1434; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1903, ch. 129, § 7; R.S. 1923, § 13-1435; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1903, ch. 131, § 1; R.S. 1923, § 13-1436; Repealed, L. 1961, ch. 90, § 1; June 30.
History: L. 1905, ch. 107, §§ 1–4; R.S. 1923, §§ 13-1437–13-1440; Repealed, L. 1975, ch. 101, § 1; July 1.
Revisor's Note: Section transferred to 12-1617h.
Revisor's Note: Section transferred to 12-1617i.
History: L. 1907, ch. 120, § 1; L. 1908, ch. 30, § 1; L. 1913, ch. 100, § 1; R.S. 1923, § 13-1443; Repealed, L. 1925, ch. 98, § 6; March 23.
History: L. 1919, ch. 120, §§ 1–8; R.S. 1923, §§ 13-1444–13-1451; Repealed, L. 1943, ch. 102, § 1; June 28.
History: L. 1907, ch. 118, §§ 1, 2; R.S. 1923, §§ 13-1452, 13-1453; Repealed, L. 1963, ch. 99, § 1; June 30.
History: L. 1907, ch. 121, § 1; R.S. 1923, § 13-1454; L. 1953, ch. 92, § 1; Repealed, L. 1975, ch. 102, § 1; July 1.
History: L. 1907, ch. 121, § 2; R.S. 1923, § 13-1455; L. 1929, ch. 116, § 1; L. 1953, ch. 92, § 2; Repealed, L. 1975, ch. 102, § 1; July 1.
History: L. 1907, ch. 121, § 3; R.S. 1923, § 13-1456; L. 1953, ch. 92, § 3; Repealed, L. 1975, ch. 102, § 1; July 1.
History: L. 1907, ch. 121, § 4; R.S. 1923, § 13-1457; Repealed, L. 1975, ch. 102, § 1; July 1.
History: L. 1907, ch. 121, § 5; R.S. 1923, § 13-1458; L. 1929, ch. 116, § 2; L. 1945, ch. 99, § 15; Repealed, L. 1975, ch. 102, § 1; July 1.
History: L. 1886, ch. 70, § 1; R.S. 1923, § 13-1459; Repealed, L. 1961, ch. 92, § 1; June 30.
History: R.S. 1923, § 13-1460; Repealed, L. 1961, ch. 92, § 1; June 30.
History: L. 1919, ch. 118, § 1; R.S. 1923, § 13-1461; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1919, ch. 118, § 2; R.S. 1923, § 13-1462; Repealed, L. 1951, ch. 131, § 1; June 30.
History: R.S. 1923, § 13-1463; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1919, ch. 118, §§ 4–8; R.S. 1923, §§ 13-1464–13-1468; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1919, ch. 118, § 9; R.S. 1923, § 13-1469; Repealed, L. 1961, ch. 92, § 1; June 30.
History: L. 1915, ch. 115, § 1; R.S. 1923, § 13-1470; Repealed, L. 1925, ch. 98, § 6; March 23.
History: L. 1915, ch. 115, § 2; R.S. 1923, § 13-1471; Repealed, L. 1925, ch. 98, § 6; March 23.
History: L. 1911, ch. 83, §§ 1–4; R.S. 1923, §§ 13-1472–13-1475; Repealed, L. 1975, ch. 103, § 1; July 1.
History: L. 1911, ch. 84, § 1; R.S. 1923, § 13-1476; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1915, ch. 101, § 1; R.S. 1923, § 13-1477; L. 1961, ch. 93, § 1; Repealed, L. 1975, ch. 104, § 1; July 1.
History: L. 1961, ch. 93, § 2; Repealed, L. 1975, ch. 104, § 1; July 1.
History: L. 1925, ch. 190, §§ 1–3; Repealed, L. 1963, ch. 100, § 1; June 30.
History: L. 1931, ch. 124, §§ 1–7; Repealed, L. 1939, ch. 110, § 37; June 30.
History: L. 1937, ch. 87, §§ 1–3; Repealed, L. 1963, ch. 101, § 1; June 30.
History: L. 1937, ch. 361, § 1; L. 1949, ch. 147, § 1; L. 1957, ch. 88, § 13; Repealed, L. 1969, ch. 104, § 1; July 1.
History: L. 1939, ch. 119, § 1; L. 1939, ch. 120, § 1; Repealed, L. 1947, ch. 127, § 1; April 11.
History: L. 1939, ch. 119, §§ 2–5; Repealed, L. 1947, ch. 127, § 1; April 11.
Any city having a population of not less than one hundred twenty thousand (120,000) nor more than two hundred thousand (200,000) is hereby authorized to provide funds for the pensioning of all elective and appointive city officers and employees other than members of the police department, fire department, water and light department, and all day laborers not paid on a monthly basis and any officer or employee who elects not to come under the provisions of this act.
History: L. 1939, ch. 121, § 1; L. 1941, ch. 130, § 1; L. 1953, ch. 93, § 1; L. 1955, ch. 103, § 1; June 30.
The governing body of any city operating under the provisions of this act is hereby authorized, at its option, to extend and provide for its elective and appointive city officers and employees, other than members of the police department, fire department, water and light department, and all day laborers not paid on a monthly basis, the protection and benefits provided for by title 11* of the social security act, and any amendments thereto: Provided, however, That a majority of such officers and employees shall vote to be included under the provisions of the social security act in conformity with the applicable provisions of such act: And provided further, That in the event elective and appointive city officers and employees, other than members of the police department, fire department, water and light department, and all day laborers not paid on a monthly basis, favorably vote at a referendum to be included in the social security act and their positions do become covered by such act under a federal-state agreement, then no elective or appointive city officer or employee who was not elected or appointed prior to the effective social security date fixed for such employees shall come under the provisions of this act.
History: L. 1955, ch. 103, § 2; June 30.
The governing body of any city operating under the provisions of this act may at any time it desires to do so, retire any elective or appointive officer or employee, other than members of the police department, fire department, water and light department, and all day laborers not paid on a monthly basis and any officer or employee who elects not to come under the provisions of this act, after such elective or appointive officer or employee has reached the age of sixty (60) years, and has served the city for an aggregate of twenty (20) years or more.
Upon such retirement the governing body shall pay semimonthly to such elective or appointive officer or employee, so retired, a sum equal to fifty percent (50%) of the average salary or wages such elective or appointive officer or employee was receiving during the two-year period immediately preceding the date of his or her retirement except as provided in K.S.A. 13-1499a: Provided, That for the purpose of computing a pension the maximum salaries of the mayor and commissioners shall be regarded as those provided by section 13-1804 of the General Statutes Supplement of 1953 irrespective of any subsequent increases as may be provided by law.
History: L. 1939, ch. 121, § 2; L. 1941, ch. 130, § 2; L. 1949, ch. 148, § 1; L. 1953, ch. 93, § 2; L. 1955, ch. 103, § 3; June 30.
Any elective or appointive officer or employee having served an aggregate of twenty (20) years or more as an elective or appointive officer or employee, other than members of the police department, fire department, water and light department, and all day laborers not paid on a monthly basis and any officer or employee who elects not to come under the provisions of the act of such city, and who has reached the age of retirement as designated by the social security act, as amended, may make application to the governing body to be retired, and upon such application being made to the governing body, such governing body shall immediately accept and approve such application for retirement and immediately pass an ordinance to pay semimonthly to such elective or appointive officer or employee, so retired, a sum equal to fifty percent (50%) of the average salary or wages which such elective or appointive officer or employee was receiving during the last two (2) years of service to such city, except as provided in K.S.A. 13-1499a.
History: L. 1939, ch. 121, § 3; L. 1953, ch. 93, § 3; L. 1955, ch. 103, § 4; June 30.
In the event the protection and benefits provided for by the social security act is extended to the elective and appointive city officers and employees, other than members of the police department, fire department, water and light department, and all day laborers not paid on a monthly basis, retirement benefits payable by the governing body of a city operating under the provisions of this act shall not exceed fifty percent (50%) of the actual average salary received by such retired employee during the last two (2) years of service with such city, less one-half (½) the amount of any benefits which the member is entitled to receive under the social security act in effect on the member's retirement date.
History: L. 1955, ch. 103, § 5; L. 1959, ch. 96, § 1; June 30.
In all cities coming under the provisions of this act there shall be levied annually at the time for the levying of taxes for city purposes, for the purpose of paying such pensions 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, a tax on all tangible taxable property within the limits of the city. In lieu of levying the tax authorized in this section, payments to the city's employees' pension fund may be made from moneys in any employee benefits contribution fund established pursuant to K.S.A. 12-16,102.
History: L. 1939, ch. 121, § 4; L. 1941, ch. 130, § 3; L. 1970, ch. 77, § 3; L. 1975, ch. 494, § 15; L. 1978, ch. 67, § 2; L. 1979, ch. 52, § 61; July 1.
Any elective or appointive officer or employee, at any time subsequent to the time this act takes effect, who shall refuse or omit to perform the duties of his or her employment, shall not be entitled to receive any of the payments herein provided.
History: L. 1939, ch. 121, § 5; April 10.
Any payments made or to be made, as provided in this act, shall not be assignable or subject to sale or execution and shall not be subject to garnishment or attachment.
History: L. 1939, ch. 121, § 6; April 10.
All elective or appointive city officers or employees under the provisions of this act shall pay to the city three percent of their salary to be used by the city in connection with amounts levied by the city under the provisions of K.S.A. 13-14,100 in the payment of the pensions herein provided for. The amounts to be paid by the elective or appointive officers or employees shall be deducted from the elective or appointive officer's or employee's salary semimonthly and shall be held by the city treasurer and shall be designated as "employees' pension fund." A record of all money deducted from elective or appointive officers' or employees' salaries as aforesaid shall be kept by a deputy in the city auditor's office designated by the governing body.
History: L. 1939, ch. 121, § 7; L. 1976, ch. 90, § 1; July 1.
Elective or appointive officers or employees who desire to withdraw from such city pension or retirement plan or who leave the employment of the city at any time before their right to retirement under the provisions of this act shall, at the option of such officer or employee, be paid all sums deducted from their salary during the term of their employment with such city, without interest: Provided, however, That should any such elective or appointive officer or employee return to the service of such city he or she shall not be credited with the number of years served prior to so leaving the employment of such city unless such sum was not withdrawn upon leaving the employment of the city or if withdrawn shall be returned to such city: And provided further, That any such elective and appointive city officer and employee who has served the city for an aggregate of twenty (20) years or more, and who leaves the employment of such city at any time before retirement, may leave all sums deducted from his or her salary with such city and upon reaching the age of retirement as provided herein shall be entitled to the retirement benefits of this act.
History: L. 1939, ch. 121, § 8; L. 1953, ch. 93, § 4; L. 1955, ch. 103, § 6; June 30.
All elective and appointive officers and employees of cities of the first class, coming under provisions of this act, shall be credited with the number of years of service with said city prior to the taking effect of this act in determining their eligibility to receiving any pension provided for by the terms of this act.
History: L. 1939, ch. 121, § 9; April 10.
The governing body of any city of the first class, having a population of more than one hundred seventy-five thousand (175,000) inhabitants, is authorized and empowered by ordinance to establish a retirement system for all employees of such city and all employees of any board of such city, which employees are not already covered by the provisions of K.S.A. 13-14a01 to 13-14a14, inclusive, as amended, providing for age and disability retirement, subject to the following limitations:
(a) To defray a portion of the cost of any such retirement plan, the governing body of any such city shall provide for a salary deduction of not to exceed five percent (5%) on all salaries up to the sum of four hundred dollars ($400) per month, for each employee;
(b) the monthly retirement allowance in any case shall not exceed one-half the average monthly pay such employee for the last five (5) years of his or her employment, nor in any case, the sum of two hundred dollars ($200) per month: Provided, This act shall not apply to any of the professional personnel not employed on a full-time basis.
History: L. 1947, ch. 152, § 1; L. 1955, ch. 104, § 1; L. 1959, ch. 95, § 1; June 30.
For the purpose of defraying a portion of the cost of such retirement system, the governing body of any such city having provided by ordinance for a retirement plan, as herein provided, is authorized and empowered either to: (1) Levy a tax on all taxable tangible property within the city for such purpose 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; or (2) use any miscellaneous revenues in the general government fund; or (3) use revenues from both such tax levy and such miscellaneous fund; or (4) use moneys from any employee benefits contribution fund established pursuant to K.S.A. 12-16,102.
History: L. 1947, ch. 152, § 2; L. 1961, ch. 98, § 1; L. 1970, ch. 77, § 4; L. 1975, ch. 494, § 16; L. 1978, ch. 67, § 3; L. 1979, ch. 52, § 62; July 1.
History: L. 1949, ch. 162, §§ 1–3; Repealed, L. 1951, ch. 159, § 2; March 23.
History: L. 1961, ch. 99, § 1; Repealed, L. 1998, ch. 43, § 1; July 1.
History: L. 1979, ch. 58, § 1; L. 1981, ch. 173, § 44; L. 1990, ch. 66, § 21; Repealed, L. 1998, ch. 43, § 1; July 1.
The word "duty" or "duties" as used in this act means any act performed by a policeman or fireman for the protection of life or property regardless of time or place.
History: L. 1945, ch. 111, § 1; July 1.
The governing body of all cities of the first class, maintaining an organized police department and a fire department, shall establish, maintain and fund a separate pension fund for each department, which shall be set aside and used exclusively for the payment of pensions and disability benefits as authorized in K.S.A. 13-14a01 et seq., and amendments thereto. Whenever the amount of any benefit is to be determined on the basis of actuarial assumptions, the assumptions shall be specified in a way that precludes employer discretion. Each such pension fund shall be maintained and funded in accordance with the minimum funding standards prescribed in K.S.A. 12-5002, and amendments thereto. For the purpose of creating, maintaining and funding such pension funds, the governing body of each city of first class is hereby authorized and shall:
(a) Accept gifts, grants, bequests, gratuities or any other money and credit the same to the pension fund designated by the donor;
(b) levy an assessment against each officer and member of each department equal to 7% of such officer's or member's monthly salary or compensation, such assessment amount to be deducted from the regular payroll and to be transferred into such pension fund;
(c) place into such funds the proceeds of all lost or stolen securities, money or personal property which remains unclaimed in possession of any department of the city for six months, together with the proceeds of all unclaimed or confiscated property of any nature which has been in custody of the police department for a period of six months. The city is authorized to sell at public auction such property and place the proceeds into such pension funds in equal shares;
(d) transfer into such pension funds the unencumbered balance, including investments, in any existing pension fund or funds, except that if there is more than one pension fund existing in such city, then each of such existing funds, other than the firemen's and policemen's relief funds, shall be transferred into the new pension fund of a like classification. Upon the termination of any pension fund or funds, the rights of members to benefits accrued at the date of termination to the extent funded or to the amount in members' accounts at the date of termination are nonforfeitable;
(e) carry forward the balance in such funds at the close of each budget year as revenue for the next ensuing year;
(f) levy annually at the time for the levying of taxes for city purposes, a tax upon all of the taxable tangible property in such city for each pension fund to make annual contributions to each pension fund as required under K.S.A. 12-5002, and amendments thereto, and to maintain and fund each pension fund on an actuarial reserve basis in accordance with the provisions of K.S.A. 13-14a05, and amendments thereto. In lieu of levying the tax authorized in this section, the annual contribution required of the city may be paid from any employee benefits contribution fund established pursuant to K.S.A. 12-16,102, and amendments thereto; and
(g) administer such funds in the manner required to satisfy the applicable qualification requirements for governmental plans as specified in the federal internal revenue code of 1954 or 1986, as in effect on July 1, 2008, and as applicable for a governmental plan in accordance with the provisions of K.S.A. 74-49,123, and amendments thereto.
History: L. 1945, ch. 111, § 2; L. 1953, ch. 94, § 1; L. 1970, ch. 77, § 5; L. 1975, ch. 494, § 17; L. 1976, ch. 89, § 1; L. 1978 ch. 67, § 4; L. 1998, ch. 64, § 4; L. 2008, ch. 113, § 2; July 1.
This act shall not affect the rights nor decrease the pension or disability or retirement benefits of any officer or member of any fire or police department, or his or her dependent or dependents, who has been killed, permanently disabled or has died or retired under any previously authorized and existing pension or retirement system, nor shall any officer or any member of any fire or police department in service at the time of the effective date of this act, who is at said time entitled to a pension or disability benefit, receive any deduction in the pension or disability benefit to which he or she is entitled under existing laws in force at the effective date of this act. All such pensions and benefits shall be paid from the policemen's pension fund or the firemen's pension fund created by this act, as the case may be.
History: L. 1945, ch. 111, § 3; July 1.
The pension funds established under the provisions of this act shall be administered as follows: Each fund shall be administered by a board of trustees which shall consist of the mayor of said city, the chief officer of the department and three delegates-at-large from the department, to be elected by the officers and members thereof at an annual meeting to be called by the chief officer of the department and held on the first Tuesday of July of each year, whose term of office shall be for one year, one of said boards shall be known as the "board of trustees of the firemen's pension fund," and the other as the "board of trustees of the policemen's pension fund." The board shall elect, from their members, a president and secretary. The city treasurer shall be ex-officio treasurer of said boards, and as such shall have charge of the funds and securities provided for herein. No member of the board of trustees or the treasurer shall receive any compensation for his or her services. The city attorney shall be the legal advisor to said boards of trustees.
History: L. 1945, ch. 111, § 4; July 1.
(a) The amount of money derived from taxes levied and all money received from assessments, dues and donations for the benefit of such funds shall constitute pension trust funds to be known and designated, respectively, as the policemen's pension fund and the firemen's pension fund. Such pension funds shall be devoted exclusively to and for the purposes enumerated in this section. All moneys derived from the taxes levied and money received from other sources as enumerated in this section shall be paid into the policemen's pension fund or the firemen's pension fund, as the case may be, until the amount in such pension fund equals the total of the actuarially-determined liabilities which are attributable to all members in active service and to all persons who are receiving, or who are entitled to receive in the future, pensions and other benefits from such fund. Further tax levies shall be made only for the purpose of maintaining each pension fund at such level.
(b) All moneys accumulated under the provisions of this act shall be deposited by the treasurer in the same manner as other city funds, except that the board of trustees, at their option, may invest any of such reserve funds in:
(1) Investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein;
(2) direct obligation bonds of the United States of America maturing, or redeemable, at par and accrued interest, within three years from date of purchase; or
(3) bonds of any municipality in the state of Kansas, the total bonded indebtedness of which is less than 15% of the total assessed tangible valuation of such municipality. Such bonds shall mature within five years from the date of purchase.
History: L. 1945, ch. 111, § 5; L. 1976, ch. 89, § 2; L. 1977, ch. 54, § 14; L. 1998, ch. 64, § 5; July 1.
Every new officer and member of such police and fire departments shall be required to pay to the treasurer of such board a membership fee of $5. There shall be deducted from the salary of every officer and member of each department an amount equal to 7% of such officer's or member's monthly salary, which shall be paid into the respective pension funds. Any officer or member whose services, for any reason whatsoever, are terminated with the department shall be entitled, upon demand, to be paid within 30 days after such demand, the total amount of the deduction from such officer's or member's salary paid into such fund, less 50% thereof. In the event such officer or member shall renew such officer's or member's services with such department such officer or member, as a condition of employment and subject to the provisions of subsection (g) of K.S.A. 13-14a02, and amendments thereto, shall return to such fund the amount withdrawn.
History: L. 1945, ch. 111, § 6; L. 1976, ch. 89, § 3; L. 1998, ch. 64, § 6; July 1.
(a) If any officer or member of a police or fire department, while in the performance of such officer's or member's duties, is killed or dies as a result of an injury received, or dies of any disease contracted by reason of such officer's or member's occupation as a policeman or fireman, or dies after having retired and leaves a spouse, such spouse, shall receive a monthly pension in an amount equal to 50% of the monthly salary of such deceased officer or member, if such spouse was lawfully married to such policeman or fireman at the time of such policeman's or fireman's retirement. Commencing on the effective date of this act, any surviving spouse, who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such spouse's remarriage, shall be entitled to once again receive benefits pursuant to this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termination of benefits by reason of such surviving spouse's remarriage but before the effective date of this act. In the event there is no surviving spouse, then any child or children of the deceased shall receive, in equal shares a monthly amount equal to 50% of the monthly salary received at the time of retirement, such sums to be paid until such child or children attain the age of 18 years or until such child or children attain the age of 23 years, if such child or children are full-time students as provided in K.S.A. 74-49,117, and amendments thereto. Commencing on the effective date of this act, any child who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such child's marriage, shall be entitled to once again receive benefits pursuant to this section subject to the limitations contained in this section, except that such child shall not be entitled to recover any benefits not received after the termination of benefits by reason of such child's marriage but before the effective date of this act.
(b) If any officer or member of such fire or police department, after having become eligible for retirement as provided in K.S.A. 13-14a08, and amendments thereto, is killed while not in the performance of such officer's or member's official duties, or dies, an amount equal to 50% of such officer's or member's monthly salary shall be paid to such persons for the periods of time provided in subsection (a) and shall be subject to all the limitations provided in subsection (a).
(c) Payments to the surviving spouse, child or children under the provisions of subsection (a) or (b) shall begin no later than December 31 of the calendar year immediately following the calendar year in which the member died.
History: L. 1945, ch. 111, § 7; L. 1976, ch. 89, § 4; L. 1989, ch. 232, § 1; L. 1992, ch. 321, § 3; L. 1998, ch. 64, § 7; L. 2000, ch. 152, § 1; L. 2001, ch. 209, § 1; May 31.
Any officer or member of any such police department or fire department who has served 22 years or more on such department and has reached the age of 50 years may make application to be retired, and if such application is made the respective board of trustees shall retire such officer or member and shall pay such officer or member monthly payments in amounts equal to 50% or, for those who retire on and after July 1, 1994, 55% of such officer or member's monthly salary at the date of retirement, or if such officer or member has been discharged from such department by reason of disability or any other reason other than for conviction of a felony, or if such officer or member voluntarily terminated employment with such department, after such officer or member has served 22 or more years in such department, the respective board of trustees shall order and direct that such person, upon attaining the age of 50 years, be paid monthly payments in amounts equal to 50% or, for those who retire on and after July 1, 1994, 55% of the monthly salary of such officer or member at the date of discharge. No person who retires after the effective date of this act shall be paid any benefits under the provisions of this section while such person is a nonelective officer or employee of any municipal or quasi-municipal corporation receiving compensation from public funds.
History: L. 1945, ch. 111, § 8; L. 1975, ch. 105, § 1; L. 1976, ch. 85, § 1; L. 1994, ch. 293, § 1; July 1.
Any officer or member of any such police department or fire department who shall, while a member of such department and while engaged in the performance of his or her duties as such, be permanently injured or disabled, and upon an examination by a physician or physicians appointed by the board of trustees be found to be physically or mentally disabled as a result of such permanent disability or injury so as to render him or her unfit for the performance of his or her duties as a policeman or fireman, shall be entitled to be retired and the board of trustees shall thereupon order his or her retirement, and upon being retired he or she shall be paid out of the respective pension funds, monthly, a sum equal to fifty percent of the amount of monthly compensation allowed such officer or member as a salary at the time of his or her permanent injury or disability: Provided, That the board of trustees may, when they deem it advisable, call back for reexamination by a physician any officer or member retired by reason of permanent disability under the provisions of this act, and if said examination discloses that said member is then able to perform his or her duties in said department, he or she may be returned to service; and if said member, upon request fails or refuses to return to duty then all payments from said pension fund shall cease; and in the event such officer or member returns to duty, the time lost by reason of such injury or disability shall apply on his or her retirement time.
History: L. 1945, ch. 111, § 9; July 1.
Except as provided further, any annuity, benefits, funds, property or rights created by or accruing to any person under the provisions of K.S.A. 13-14a01 et seq. or K.S.A. 14-10a01 et seq., and amendments thereto, are hereby made and declared exempt from any tax of the state of Kansas or any political subdivision or taxing body thereof, and shall not be subject to execution, garnishment or attachment, or any other process or claim whatsoever, and shall be unassignable, except as specifically provided by law.
Any pension benefits or annuities accruing under the provisions of K.S.A. 13-14a01 et seq. or K.S.A. 14-10a01 et seq., and amendments thereto, shall not be exempt from claims of an alternate payee under a qualified domestic relations order. As used in this section, the terms "alternate payee" and "qualified domestic relations order" shall have the meaning ascribed to them in section 414(p) of the federal internal revenue code of 1986, as in effect on July 1, 2008. The provisions of this section shall apply to any qualified domestic relations order which is in effect on or after July 1, 1994.
History: L. 1945, ch. 111, § 10; L. 1974, ch. 345, § 1; L. 1994, ch. 231, § 4; L. 1998, ch. 64, § 8; L. 2008, ch. 113, § 3; July 1.
Pursuant to the provisions of K.S.A. 2001 Supp. 74-49,128, and amendments thereto, whenever an active or retired fireman or policeman shall die, the board of trustees shall appropriate from the pension fund a sum of $100 to be paid for funeral expenses for such fireman or policeman.
History: L. 1945, ch. 111, § 11; L. 2000, ch. 152, § 2; July 1.
All pensions and benefits paid and all moneys drawn from the respective pension funds, under the provisions of this act, shall be upon order of the respective board of trustees and signed by the president and secretary of such board, and payment shall be made by the issuance of city warrants or warrant checks as provided by law, when approved and passed by the governing body. The treasurer of the board of trustees shall prepare annually a report of the receipts and expenditures for the year ending December thirty-first of the previous year, showing the money on hand, how invested, and all moneys received and paid out, which report shall be filed with the city clerk.
History: L. 1945, ch. 111, § 12; July 1.
Any officer or member of such police department or fire department, who leaves such department and serves in the uniformed services of the United States shall be credited by the respective board of trustees, with time or any part thereof so served, in computing such officer's or member's retirement time for pension purposes, as required by federal law, including, but not limited to, when applicable, the uniformed services employment and reemployment rights act of 1994, as in effect on July 1, 2008.
History: L. 1945, ch. 111, § 13; L. 1998, ch. 64, § 9; L. 2008, ch. 113, § 4; July 1.
If any provision of this act or the application thereof to any person or circumstances is held invalid such invalidity shall not affect other provisions or applications of this act, which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.
History: L. 1945, ch. 111, § 14; July 1.
The governing body of any city of the first class is hereby authorized and empowered to issue bonds of said city for the purpose of acquiring a site within or without the corporate limits of said city, building and equipping a hospital: Provided, That before any such bonds shall be issued the question of issuing the same shall be submitted to a vote of the people at a regular city primary or city election or at a special election called for the purpose of submitting said question, and no bonds shall be issued until the majority of the qualified electors who shall vote on the question at such election shall declare by their votes in favor of the issuing of said bonds. All bonds authorized by this act shall be issued, sold, delivered, and retired under the provisions of article 1, chapter 10, of the Kansas Statutes Annotated, and amendments thereto, and none of the restrictions or limitations respecting the amount of city indebtedness contained in any of the statutes of the state of Kansas shall apply to or in any way affect the issuance of bonds authorized by this act.
History: L. 1945, ch. 127, § 1; L. 1947, ch. 144, § 1; February 27.
Upon the establishment and building of a hospital by a city of the first class, the governing body of said city may provide for the management, authority and control of said hospital by a board of trustees as hereinafter provided, or said governing body shall have the power by resolution to rent, lease, or let said hospital to any person, persons, corporation or society upon such terms and conditions as the governing body of said city may deem to the best interest of said city; and upon the expiration of the lease so made, the governing body of said city at the time of the expiration of such lease shall have the power to make and execute a new lease to any person, persons, corporation or society upon such terms and conditions as the governing body may deem to the best interests of said city.
History: L. 1945, ch. 127, § 2; L. 1949, ch. 149, § 1; February 19.
The governing body of cities of the first class are hereby authorized and empowered to accept and secure any benefits of federal aid in the construction, improvement, or maintenance of such hospital and further to accept any grants, donations or gifts from any source whatsoever.
History: L. 1945, ch. 127, § 3; June 28.
History: L. 1945, ch. 127, § 4; L. 1970, ch. 77, § 6; Repealed, L. 1975, ch. 494, § 39; July 1.
If the governing body of a city of the first class and the owner of any property desired by said city for hospital purposes cannot agree as to the price to be paid therefor, the city shall have the authority to institute condemnation proceedings and prosecute said suit in the name of the city by the city attorney under the provisions of the law on similar cases.
History: L. 1945, ch. 127, § 5; June 28.
No hospital buildings shall be erected or constructed until the plans and specifications have been made therefor and approved by the planning commission and the governing body of the city and bids advertised for according to law for other public buildings.
History: L. 1945, ch. 127, § 6; June 28.
A training school for nurses may be established and maintained in connection with such hospital and as a part of same.
History: L. 1945, ch. 127, § 7; June 28.
The governing body of any city of the first class which has authorized the issuance of bonds under the provisions of K.S.A. 13-14b01 to 13-14b07, and acts amendatory thereto, for the purpose of purchasing a site within or without the corporate limits of such city and building and equipping a hospital thereon and for other purposes as specified in said sections, is hereby authorized to issue additional bonds of such city, for such purposes, and for the further purpose of building and constructing an addition to the hospital and furnishing and equipping the same: Provided, That before any such bonds shall be issued the question of issuing the same shall be submitted to a vote of the people in the manner set out in K.S.A. 13-14b01, or acts amendatory thereto: And provided further, That all bonds authorized by this section shall be issued, sold, delivered and retired as provided in K.S.A. 13-14b01, or acts amendatory thereto. Such bonds shall not be subject to, nor included in any restrictions or limitations upon the amount of bonded indebtedness of said city contained in any other law.
History: L. 1947, ch. 144, § 2; L. 1963, ch. 102, § 1; July 1.
(a) In the event the governing body shall determine that the management and control of said hospital shall be vested in a board of trustees, said governing body shall appoint five (5) trustees. Said trustees shall be residents of the city but no more than one physician shall be appointed.
(b) At any time subsequent to the initial appointment of a five (5) member board of trustees, the governing body by resolution may increase the number of trustees to serve on the board to seven (7) or nine (9) members. In the event the governing body does not increase by resolution the number of members to serve on the board of trustees, said board of trustees shall consist of five (5) members.
(c) The members of the first board shall be appointed one for a term of one (1) year, one for a term of two (2) years, one for a term of three (3) years and two for a term of four (4) years, and upon the expiration of the terms of those originally appointed their successors shall be appointed for terms of four (4) years. In case of a vacancy a successor shall be appointed for the unexpired term.
(d) Whenever the number of members of an existing board of trustees is increased by resolution of the governing body, said governing body shall provide by resolution for the expiration of the terms of the members appointed to the new positions on the board of trustees to coincide with the expiration of the terms of the members serving on the board of trustees at the time of the creation of said new positions so that no more than a simple majority of the members of said board of trustees is appointed at the same time. Upon the expiration of the terms of those originally appointed pursuant to this subsection (d) their successors shall be appointed for terms of four (4) years.
History: L. 1949, ch. 149, § 2; L. 1971, ch. 59, § 1; L. 1978, ch. 63, § 2; July 1.
Within ten (10) days after their appointment, the trustees shall qualify by taking the oath of civil officers, and shall organize by electing one of their number chairman, and electing such other officers as they shall deem necessary. Said board of trustees shall appoint a treasurer who shall give bond in such amount as the board shall determine, which bond shall be approved by the governing body of the city. All funds heretofore or hereafter collected for the maintenance and operation of the hospital shall be placed in the custody of said treasurer.
History: L. 1949, ch. 149, § 3; February 19.
The board of trustees shall have exclusive control of the management and operation of the hospital and shall make and adopt such rules and regulations for the government of the hospital as may be deemed expedient for the economical and proper conduct thereof. The board is authorized to enter into an employment contract to engage the services of an administrator or a chief executive officer to manage the affairs of the hospital and which establishes compensation for such services and the terms of engagement. The board of hospital trustees is authorized to establish and fund pension and deferred compensation plans for hospital employees and to procure contracts insuring hospital employees, their dependents, or any class or classes thereof under a policy or policies of life, disability income, health, accident, accidental death and dismemberment, and hospital, surgical and medical expense insurance. The employee's contribution, if any, to the plan and to the premium for such insurance may be deducted by the employer from the employee's salary when authorized in writing by the respective employee. The board is authorized to invest in any mutual insurance company organized by an association of health care providers to which the hospital belongs, enter into contracts with such company, pay any assessments pursuant to such contracts and arrange for the issuance of a letter of credit by any bank chartered by this state or which is a member bank of the federal reserve system. The board may also expend funds deemed necessary in the recruitment or retention of professional staff including, but not limited to, the purchase of professional liability insurance for such staff. No member of the board of trustees shall receive any compensation for services. On or before July 15 each year, the board shall file with the governing body of the city a written report of the management of the hospital, together with a statement of all receipts and expenditures during the year ending June 30.
History: L. 1949, ch. 149, § 4; L. 1971, ch. 49, § 2; L. 1972, ch. 44, § 2; L. 1988, ch. 147, § 10; L. 1991, ch. 66, § 2; L. 2008, ch. 31, § 2; July 1.
Upon and after the creation of a board of trustees to manage and control a hospital, the governing body of the city shall levy annually, in addition to other taxes provided by law, a tax on all tangible taxable property within the limits of said city, for the purpose of equipping, operating, maintaining and improving such hospital 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.
The board may transfer annually such amounts as it deems advisable to a special improvement fund to be used for the purpose of purchasing major items of equipment and making capital improvements to the hospital. The amount on hand in such fund shall at no time exceed two hundred fifty thousand dollars ($250,000) and such fund shall not be subject to the provisions of K.S.A. 79-2925 and 79-2937 or acts amendatory thereof or supplemental thereto except that in making the budget of the city the amounts credited to, and the amount on hand in such special fund and the amount expended therefrom shall be shown for the information of the taxpayers of the city.
History: L. 1949, ch. 149, § 5; L. 1951, ch. 160, § 1; L. 1957, ch. 118, § 1; L. 1970, ch. 77, § 7; L. 1975, ch. 494, § 19; L. 1979, ch. 52, § 63; July 1.
During the year in which any such hospital is completed and for which no tax levy has been made under the provisions of K.S.A. 13-14b12, the governing body of the city is hereby authorized to issue emergency warrants in a total amount of not more than fifty thousand dollars ($50,000) for the purpose of raising funds to operate and maintain said hospital during such year. Such warrants shall draw interest at a rate of not more than the maximum rate of interest prescribed by K.S.A. 10-1009 and may be issued only for the purpose of paying the operating costs of the hospital during the year. The governing body of the city shall each year, at the time of fixing the rate of levy for such city, make provisions therein for raising sufficient money to pay not less than twenty percent (20%) of the total amount of warrants issued hereunder until all of said warrants have been paid.
History: L. 1949, ch. 149, § 6; L. 1970, ch. 64, § 35; March 21.
The board of trustees of a hospital of any city of the first class is hereby authorized and empowered to invest any portion of any special improvement fund created under the provisions of K.S.A. 13-14b12, and any acts amendatory thereof or supplemental thereto, in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein, or in direct obligations of the United States government, which mature or are redeemable without loss of principal within one year of date of purchase, the principal and interest whereof are guaranteed by the government of the United States. All interest received on any such investment shall upon receipt thereof be placed in the special improvement fund authorized by K.S.A. 13-14b12.
History: L. 1951, ch. 161, § 1; L. 1977, ch. 54, § 15; July 1.
The governing body of any city of the first class which owns and operates a hospital is hereby authorized to issue general obligation bonds of such city in an amount not exceeding one million dollars ($1,000,000) for the purpose of paying the cost of constructing an addition to the hospital owned by such city and furnishing and equipping the same, and otherwise improving said hospital and the facilities thereof: Provided, That no such bonds shall be issued until the question of their issuance shall have been submitted to a vote of the electors of such city at a regular city election or a special election called for such purpose and a majority of the legal electors voting on the question shall have voted in favor of their issuance: Provided further, That if the governing body of any such city shall have submitted such a question to a vote of the electors of such city prior to the effective date of this act, with or without authority of law, and a majority of the legal electors voting on the question shall have voted in favor of the issuance of the bonds, said city may issue bonds for such purposes in an amount not exceeding the amount voted at such election without submitting the question at another election and said election and all proceedings in connection therewith are hereby validated and confirmed. Said bond election shall be called, held, conducted and canvassed and all bonds issued under the authority of this act shall be issued, registered, sold, delivered and retired as provided by the general bond law.
History: L. 1955, ch. 116, § 1; March 10.
History: L. 1949, ch. 163, §§ 1–7; Repealed, L. 1998, ch. 3, § 1; July 1.
History: L. 1949, ch. 163, § 8; L. 1953, ch. 95, § 1; L. 1961, ch. 87, § 1; L. 1970, ch. 77, § 8; L. 1975, ch. 494, § 20; L. 1979, ch. 52, § 64; Repealed, L. 1998, ch. 3, § 1; July 1.
History: L. 1953, ch. 104, § 1; Repealed, L. 1998, ch. 1, § 1; July 1.
History: L. 1953, ch. 104, § 2; L. 1963, ch. 234, § 99; Repealed, L. 1998, ch. 1, § 1; July 1.
History: L. 1953, ch. 104, §§ 3–7; Repealed, L. 1998, ch. 1, § 1; July 1.
History: L. 1953, ch. 104, § 8; L. 1970, ch. 64, § 36; L. 1978, ch. 99, § 20; Repealed, L. 1998, ch. 1, § 1; July 1.
History: L. 1953, ch. 104, §§ 9–11; Repealed, L. 1998, ch. 1, § 1; July 1.
History: L. 1953, ch. 104, § 12; L. 1980, ch. 64, § 4; Repealed, L. 1998, ch. 1, § 1; July 1.
History: L. 1953, ch. 104, §§ 13–16; Repealed, L. 1998, ch. 1, § 1; July 1.
History: L. 1907, ch. 114, § 1; R.S. 1923, § 13-1501; L. 1976, ch. 76, § 12; Repealed, L. 1998, ch. 5, § 1; July 1.
History: L. 1907, ch. 114, § 7; R.S. 1923, § 13-1601; Repealed, L. 1957, ch. 86, § 3; June 29.
History: L. 1927, ch. 118, § 1; L. 1931, ch. 120, § 1; L. 1933, ch. 128, § 1; Repealed, L. 1968, ch. 249, § 1; July 1.
History: L. 1933, ch. 129, § 1; L. 1953, ch. 96, § 1; Repealed, L. 1974, ch. 56, § 7; March 28.
History: L. 1907, ch. 114, § 9; R.S. 1923, § 13-1701; Repealed, L. 1968, ch. 274, § 50; April 30.
Whenever any city of the second class having the commission form of government shall hereafter become a city of the first class, such change of classification of the city shall take effect with the April city election at the next odd-numbered year and officers provided for in K.S.A. 13-1708 shall be elected and the terms of elective officers of the commission city of the second class shall expire.
History: L. 1907, ch. 114, § 10; L. 1911, ch. 95, § 2; R.S. 1923, § 13-1702; L. 1968, ch. 274, § 22; April 30.
History: L. 1933, ch. 135, § 1; L. 1943, ch. 103, § 1; L. 1955, ch. 105, § 1; L. 1957, ch. 119, § 1; L. 1968, ch. 274, § 23; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1933, ch. 135, § 2; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1943, ch. 112, §§ 1, 2; Repealed, L. 1953, ch. 97, § 1; February 27.
History: L. 1951, ch. 169, § 1; L. 1957, ch. 119, § 2; L. 1968, ch. 274, § 24; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1951, ch. 169, § 2; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1951, ch. 169, § 3; Repealed, L. 1957, ch. 119, § 3; June 29.
History: L. 1907, ch. 114, § 11; R.S. 1923, § 13-1703; Repealed, L. 1968, ch. 274, § 50; April 30.
History: L. 1907, ch. 114, § 13; R.S. 1923, § 13-1704; L. 1968, ch. 274, § 25; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 14; L. 1909, ch. 74, § 2; L. 1913, ch. 84, § 1; R.S. 1923, § 13-1705; L. 1941, ch. 131, § 1; L. 1943, ch. 104, § 2; L. 1959, ch. 97, § 1; Repealed, L. 1968, ch. 274, § 50; April 30.
History: L. 1967, ch. 107, § 1; Repealed, L. 1968, ch. 274, § 50; April 30.
History: L. 1907, ch. 114, § 15; L. 1911, ch. 95, § 3; L. 1919, ch. 123, § 1; R.S. 1923, § 13-1706; L. 1968, ch. 274, § 27; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1923, ch. 84, § 1; R.S. 1923, § 13-1707; Repealed, L. 1953, ch. 97, § 1; February 27.
History: L. 1933, ch. 127, § 1; L. 1968, ch. 274, § 28; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1933, ch. 127, § 2; L. 1967, ch. 108, § 1; L. 1975, ch. 106, § 1; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1933, ch. 127, §§ 3–5; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1979, ch. 59, §§ 1–7; Repealed, L. 1998, ch. 6, § 1; July 1.
All cities of the first class having a population of less than twenty thousand (20,000) inhabitants as shown by the last federal census, and having adopted or which shall hereafter adopt the commission form of city government, shall be governed by a mayor and two commissioners, one of which commissioners shall be known as the commissioner of finance and revenue, and the other of said commissioners shall be known as the commissioner of streets and public utilities; and said mayor and two commissioners shall constitute the board of commissioners of said city. The mayor shall be the presiding officer of such board of commissioners; and the mayor shall be, ex officio, the commissioner of the police, fire and health departments, and shall have under special charge and be responsible for the enforcement of all city ordinances and police regulations of said city, and shall have general supervision of the fire department, and shall have charge of public parks and all property of such city, and shall also have supervision over the health department of such city, and shall enforce all orders, rules and regulations necessary to the end that the streets, alleys and public grounds shall be kept in a sanitary condition and the health and safety of the inhabitants of the city secured and protected.
The commissioner of finance and revenue shall have under special charge the preparation of an annual budget and the collection of all revenues belonging to such city, from whatever source the same may be derived, and the management of the finances of such city. The commissioner of streets and public utilities shall have special charge of and over any waterworks, light, power, heating or gas plant, street railway, telephone or telegraph line, and any other public utility owned by such city, and shall have supervision of the streets, alleys and public highways and places of the city, and the construction and maintenance of boulevards, public parks or driveways, and the construction and maintenance of all public improvements whatsoever undertaken by such city, such as sidewalks, bridges and sewers, and shall have charge of the engineering department of said city, and shall supervise all public work, and it shall be the commissioner's duty also to demand faithful compliance from all persons, corporations or companies with any grant, franchise or privilege voted to such person, corporation or company by the board of commissioners.
Said board of commissioners so constituted shall have control and supervision over all the departments of such city, and to that end shall have power to make and enforce such orders, rules and regulations as they may deem fit and proper for and concerning the organization, management and operation of all the departments of such city, and whatever agencies may be created for the administration of its affairs. In case at any time the duties of any of said commissioners shall be found to be excessive, said board of commissioners, by a majority vote of all the members thereof, may relieve said commissioner by assigning to some other member of said board, for a time to be by them determined, a portion of the work assigned to said commissioner; and said board may from time to time assign such further duties to each of said commissioners as shall be for the best interests of such city. And said board of commissioners shall have and exercise all other and further rights, powers and duties as now or may hereafter be conferred by the laws of the state of Kansas upon the governing body of cities of the first class not in conflict with the provisions of this act: Provided, however, This act shall not apply to cities of the first class located in counties having a population of less than 45,000 and having a military post within its borders: And provided further, This act shall not apply to cities of the first class wherein is located a state teachers college.
History: L. 1915, ch. 215, § 1; L. 1917, ch. 103, § 1; L. 1921, ch. 103, § 1; R.S. 1923, § 13-1708; L. 1935, ch. 112, § 1; February 18.
History: L. 1915, ch. 215, § 2; L. 1921, ch. 103, § 2; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 17; R.S. 1923, § 13-1710; Repealed, L. 1968, ch. 274, § 50; April 30.
History: L. 1909, ch. 74, § 5; L. 1913, ch. 85, § 2; R.S. 1923, § 13-1711; Repealed, L. 1968, ch. 274, § 50; April 30.
History: L. 1958, ch. 8, § 1 (Special Session); Repealed, L. 1968, ch. 274, § 50; April 30.
History: L. 1907, ch. 114, § 18; R.S. 1923, § 13-1801; 1927, ch. 119, § 1; L. 1975, ch. 106, § 2; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 19; R.S. 1923, § 13-1802; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1923, ch. 81, § 1; R.S. 1923, § 13-1803; L. 1927, ch. 120, § 1; L. 1941, ch. 132, § 1; L. 1943, ch. 105, § 1; L. 1947, ch. 146, § 1; L. 1949, ch. 150, § 1; L. 1951, ch. 162, § 1; L. 1955, ch. 106, § 1; L. 1957, ch. 120, § 1; L. 1959, ch. 98, § 1; L. 1961, ch. 94, § 1; L. 1961, ch. 95, § 1; Repealed, L. 1975, ch. 107, § 1; July 1.
History: L. 1919, ch. 114, § 1; R.S. 1923, § 13-1804; L. 1943, ch. 113, § 1; L. 1945, ch. 122, § 1; L. 1947, ch. 147, § 1; L. 1949, ch. 148, § 2; L. 1951, ch. 163, § 1; L. 1955, ch. 107, § 1; L. 1957, ch. 121, § 1; L. 1959, ch. 98, § 2; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 21; R.S. 1923, § 13-1805; L. 1989, ch. 69, § 1; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 22; L. 1913, ch. 85, § 1; R.S. 1923, § 13-1806; L. 1929, ch. 117, § 1; L. 1949, ch. 151, § 1; L. 1978, ch. 70, § 1; L. 1985, ch. 80, § 4; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 23; R.S. 1923, § 13-1807; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 24; L. 1913, ch. 84, § 2; R.S. 1923, § 13-1808; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 25; R.S. 1923, § 13-1809; Repealed, L. 1975, ch. 108, § 1; July 1.
History: L. 1907, ch. 114, § 26; R.S. 1923, § 13-1810; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1909, ch. 74, § 6; R.S. 1923, § 13-1811; Repealed, L. 1925, ch. 99, § 2; May 28.
History: L. 1909, ch. 74, § 7; R.S. 1923, § 13-1812; L. 1935, ch. 113, § 1; L. 1976, ch. 76, § 13; Repealed, L. 1998, ch. 5, § 1; July 1.
History: L. 1909, ch. 74, § 8; R.S. 1923, § 13-1813; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 71; R.S. 1923, 13-1901; Repealed, L. 1998, ch. 43, § 1; July 1.
History: L. 1907, ch. 114, § 72; R.S. 1923, § 13-1902; L. 1970, ch. 64, § 37; Repealed, L. 1975, ch. 109, § 1; July 1.
The board of commissioners shall have power to require any railroad company or companies owning or operating any railroad or street-railway track or tracks upon or across any public street or streets of the city to erect, construct, reconstruct, complete and keep in repair any viaduct or viaducts over or tunnels under such street or streets and over or under any such track or tracks, including the approaches of such viaduct or viaducts, as may be deemed and declared by the board of commissioners necessary for the safety and protection of the public. Whenever any such viaduct shall be deemed and declared by ordinance necessary for the safety and protection of the public, the board of commissioners shall provide for appraising, assessing and determining the damage, if any, which may be caused to any property by reason of the construction of such viaduct and its approaches.
The proceedings for such purpose shall be the same as provided by law for the purpose of determining damages to property owners by reason of the change in grade of a street, and such damage shall be paid by said railway companies. The width, height and strength of any such viaduct, and the approaches thereto, the material therefor and the manner of construction thereof, shall be as required by the board of commissioners. When two or more railroad companies own or operate separate lines of track to be crossed by any such viaduct, or where any street-railway company intersects and crosses the track or tracks of any railroad company, the proportion thereof, and the approaches thereto, to be constructed by each, or the cost to be borne by each, shall be determined by the board of commissioners.
It shall be the duty of any railroad company or companies or street-railway company, upon being required, as herein provided, to erect, construct, reconstruct or repair any viaduct, to proceed within the time and in the manner required by the board of commissioners to erect, construct, reconstruct or repair the same; and it shall be a misdemeanor for any railroad company or companies or street-railway company to fail, neglect or refuse to perform such duty, and upon conviction any such company or companies shall be fined one hundred dollars, and each day any such company or companies shall fail, neglect or refuse to perform such duty shall be deemed and held to be a separate and distinct offense; and in addition to the penalty herein provided, any such company or companies shall be compelled by mandamus or other appropriate proceedings to erect, construct, reconstruct or repair any viaduct as may be required by ordinance as herein provided.
The board of commissioners shall also have power, whenever any railroad company or companies or street-railway company shall fail, neglect or refuse to erect, construct, reconstruct or repair any viaduct or viaducts, after having been required so to do as herein provided, to proceed with the erection, construction, reconstruction or repair of such viaduct or viaducts by contract, or in such other manner as may be provided by ordinance, and assess the costs thereof against the property of such railroad company or companies or street-railway company, and such cost shall be a valid and subsisting lien against such property, and shall also be a legal indebtedness of said company or companies in favor of such city, and may be enforced and collected by suit in the proper court.
History: L. 1907, ch. 114, § 73; May 27; R.S. 1923, § 13-1903.
The board of commissioners shall have power by ordinance to require all street and other railway companies to keep the streets and alleys over which they run properly drained, and to light the same wherever deemed necessary, and to require all street and other railway companies to construct and keep in repair, to their full width, all viaducts, and all crossings over all ditches used by them, and to construct and maintain drains and culverts where crossed by any line of said railways on all streets and alleys over which they run, to direct and control the laying and construction of railway tracks, turnouts, and switches, and to regulate the grade of the same, and to require them to conform to the grade of the streets and alleys of said city as they may be hereafter or are now established; and the cost of such improvements shall be a lien upon the property and franchises of any such company, and may be assessed and taxed against the property in the same manner as other taxes are levied. Said board shall have power by ordinance to require any railroad company or street-railway company to pay the cost of grading, paving, repaving, draining and repairing of streets and alleys used or occupied by such railroad or railway company, and such cost shall be a lien upon the property and franchises of the company, and shall be assessed and taxed against the same like other taxes.
The portion of the street or alley so used or occupied by such railway companies shall be deemed to be the space between their tracks and eighteen inches on the outside of each of their rails, and all the space between two or more tracks, turnouts, and switches. Any railroad company or street-railway company occupying any street or alley already occupied by any other such company, in addition to paying for paving or repaving as provided for in the next preceding paragraph, shall pay one-half the cost of paving or repaving between the tracks of said two roads.
History: L. 1907, ch. 114, § 74; May 27; R.S. 1923, § 13-1904.
History: L. 1907, ch. 114, § 75; R.S. 1923, § 13-1905; Repealed, L. 1957, ch. 96, § 3; June 29.
History: L. 1933, ch. 134, § 1; L. 1941, ch. 122, § 6; Repealed, L. 1957, ch. 96, § 3; June 29.
History: L. 1907, ch. 114, § 76; R.S. 1923, § 13-2001; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 77; R.S. 1923, § 13-2002; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 78; R.S. 1923, § 13-2003; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 79; L. 1913, ch. 85, § 4; R.S. 1923, § 13-2004; L. 1925, ch. 106, § 1; Repealed, L. 1968, ch. 375, § 19; July 1.
History: L. 1907, ch. 114, §§ 80, 81; R.S. 1923, §§ 13-2005, 13-2006; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 82; R.S. 1923, § 13-2007; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, §§ 83, 84; R.S. 1923, §§ 13-2008, 13-2009; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 85; R.S. 1923, § 13-2010; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 87; R.S. 1923, § 13-2011; Repealed, L. 1998, ch. 6, § 1; July 1.
History: L. 1907, ch. 114, § 88; R.S. 1923, § 13-2101; L. 1967, ch. 90, § 3; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1907, ch. 114, § 89; R.S. 1923, § 13-2102; L. 1967, ch. 90, § 4; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1907, ch. 114, § 90; R.S. 1923, § 13-2103; L. 1945, ch. 99, § 16; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1907, ch. 114, § 91; R.S. 1923, § 13-2104; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1907, ch. 114, § 92; L. 1921, ch. 106, § 1; R.S. 1923, § 13-2105; L. 1945, ch. 99, § 17; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1907, ch. 114, § 93; R.S. 1923, § 13-2106; L. 1945, ch. 99, § 18; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1907, ch. 114, § 94; L. 1913, ch. 85, § 5; R.S. 1923, § 13-2107; L. 1933, ch. 130, § 1; L. 1937, ch. 82, § 5; Repealed, L. 1976, ch. 86, § 2; July 1.
History: L. 1907, ch. 114, § 95; R.S. 1923, § 13-2108; L. 1937, ch. 139, § 1; L. 1945, ch. 99, § 19; L. 1953, ch. 98, § 1; L. 1982, ch. 62, § 2; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1907, ch. 114, § 96; L. 1921, ch. 107, § 1; R.S. 1923, § 13-2109; L. 1945, ch. 99, § 20; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1907, ch. 114, § 97; R.S. 1923, § 13-2110; L. 1945, ch. 99, § 21; Repealed, L. 1998, ch. 89, § 1; July 1.
History: L. 1907, ch. 114, § 98; L. 1923, ch. 82, § 1; R.S. 1923, § 13-2111; Repealed, L. 1970, ch. 366, § 22; April 1.
History: L. 1931, ch. 121, §§ 1–5; Repealed, L. 1981, ch. 84, § 1; July 1.
History: L. 1945, ch. 130, § 1; L. 1957, ch. 122, § 1; Repealed, L. 1998, ch. 9, § 1; July 1.
History: L. 1945, ch. 130, §§ 2–5; Repealed, L. 1998, ch. 9, § 1; July 1.
History: L. 1945, ch. 130, § 6; L. 1949, ch. 152, § 1; Repealed, L. 1998, ch. 9, § 1; July 1.
History: L. 1945, ch. 130, §§ 7, 8; Repealed, L. 1998, ch. 9, § 1; July 1.
History: L. 1909, ch. 74, § 4; R.S. 1923, § 13-2201; L. 1977, ch. 105, § 2; Repealed, L. 1998, ch. 2, § 1; July 1.
History: R.S. 1923, § 13-2202; L. 1935, ch. 114, § 1; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, § 1; R.S. 1923, § 13-2203; L. 1939, ch. 111, § 1; L. 1941, ch. 133, § 1; L. 1949, ch. 153, § 1; L. 1951, ch. 164, § 1; L. 1957, ch. 88, § 14; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, §§ 2–4; R.S. 1923, §§ 13-2204–13-2206; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, § 5; L. 1917, ch. 97, § 1; R.S. 1923, § 13-2207; L. 1935, ch. 115, § 1; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, § 6; L. 1917, ch. 97, § 2; R.S. 1923, § 13-2208; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, § 7; L. 1917, ch. 97, § 3; R.S. 1923, § 13-2209; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, § 8; L. 1917, ch. 97, § 4; R.S. 1923, § 13-2210; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, § 9; R.S. 1923, § 13-2211; L. 1975, ch. 52, § 5; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, § 10; R.S. 1923, § 13-2212; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, § 11; R.S. 1923, § 13-2213; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, § 12; R.S. 1923, § 13-2214; L. 1981, ch. 173, § 45; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, § 13; L. 1915, ch. 112, § 1; R.S. 1923, § 13-2215; L. 1935, ch. 115, § 2; L. 1953, ch. 99, § 1; L. 1977, ch. 105, § 3; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1927, ch. 129, § 1; L. 1929, ch. 130, § 1; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1929, ch. 130, § 2; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, §§ 14, 15; R.S. 1923, §§ 13-2216, 13-2217; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, § 16; R.S. 1923, § 13-2218; L. 1945, ch. 99, § 22; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1913, ch. 88, §§ 17, 18; R.S. 1923, §§ 13-2219, 13-2220; Repealed, L. 1998, ch. 2, § 1; July 1.
History: L. 1931, ch. 126, § 1; L. 1953, ch. 100, § 1; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 2; L. 1939, ch. 112, § 1; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, §§ 3, 4; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 5; L. 1939, ch. 112, § 2; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 6; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 7; L. 1945, ch. 99, § 23; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 8; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 9; L. 1955, ch. 108, § 1; L. 1957, ch. 123, § 1; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 10; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 11; L. 1937, ch. 140, § 1; L. 1939, ch. 112, § 3; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1939, ch. 112, § 4; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, §§ 12, 13; L. 1937, ch. 140, §§ 2, 3; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 14; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 15; L. 1937, ch. 140, § 4; L. 1949, ch. 154, § 1; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 16; L. 1939, ch. 112, § 5; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 17; L. 1939, ch. 112, § 7; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1931, ch. 126, § 18; L. 1937, ch. 140, § 5; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1939, ch. 112, § 8; Repealed, L. 1974, ch. 81, § 1; July 1.
History: L. 1937, ch. 144, §§ 1–18; Repealed, L. 1945, ch. 123, § 21; June 28.
History: L. 1937, ch. 119, §§ 1–6; Repealed, L. 1945, ch. 123, § 21; June 28.
History: L. 1937, ch. 119, § 7; L. 1945, ch. 99, § 24; Repealed, L. 1945, ch. 123, § 21; June 28.
History: L. 1937, ch. 119, §§ 8–18; Repealed, L. 1945, ch. 123, § 21; June 28.
History: L. 1937, ch. 146, §§ 1, 2; Repealed, L. 1975, ch. 83, § 1; July 1.
History: L. 1937, ch. 146, § 3; L. 1945, ch. 99, § 25; Repealed, L. 1975, ch. 83, § 1; July 1.
History: L. 1937, ch. 146, §§ 4–10; Repealed, L. 1975, ch. 83, § 1; July 1.
History: L. 1945, ch. 123, §§ 1–20; Repealed, L. 1975, ch. 83, § 1; July 1.
History: L. 1919, ch. 115, § 1; L. 1921, ch. 114, § 1; R.S. 1923, § 13-2301; Repealed, L. 1945, ch. 99, § 28; July 1.
History: L. 1919, ch. 115, § 2; R.S. 1923, § 13-2302; Repealed, L. 1965, ch. 132, § 1; June 30.
History: L. 1915, ch. 106, § 2; R.S. 1923, § 13-2303; Repealed, L. 1945, ch. 99, § 28; July 1.
History: L. 1915, ch. 104, § 1; R.S. 1923, § 13-2304; L. 1957, ch. 124, § 1; Repealed, L. 1974, ch. 82, § 1; July 1.
History: L. 1915, ch. 104, §§ 2–4; R.S. 1923, §§ 13-2305–13-2307; Repealed, L. 1974, ch. 82, § 1; July 1.
History: L. 1923, ch. 87, § 1; R.S. 1923, § 13-2308; L. 1927, ch. 121, § 1; L. 1929, ch. 118, § 1; L. 1933, ch. 131, § 1; L. 1938, ch. 33, § 2; L. 1939, ch. 113, § 1; L. 1943, ch. 106, § 1; Repealed, L. 1945, ch. 99, § 28; July 1.
In each city owning a system of waterworks there shall be a department to be known as "waterworks department" of such city. The board of commissioners shall maintain, manage, conduct and control said waterworks, and make all such ordinances, rules and regulations as are necessary for the safe, economical and efficient management of the waterworks. Said board may also improve and extend the waterworks, furnish supplies of water to the inhabitants of such city and for fire protection, collect water rents, and appoint all necessary officers and agents for that purpose.
History: L. 1907, ch. 114, § 99; May 27; R.S. 1923, § 13-2401.
Said board shall appoint a superintendent of waterworks, who shall have charge of the said waterworks and all property connected therewith, and shall manage and control the same under the direction of said board. The superintendent of waterworks shall inspect all parts of said waterworks and see that they are maintained in good condition for use, and that all employees of the water department attend to their respective duties. He or she shall keep in good repair the pumps, hydrants, and all other waterworks property. All officers, employees, servants and agents of said department when appointed by said board, shall be under the immediate control and management of said superintendent.
The superintendent shall perform all such other duties as may be prescribed by the said board of commissioners by ordinance or resolution. The superintendent of waterworks shall receive a salary which shall be fixed by ordinance. He or she shall give a good and sufficient surety-company bond to the city, in the sum of five thousand dollars ($5,000) to be approved by the board of commissioners, conditioned for the faithful performance of duties and for a true and faithful accounting of all moneys that may come into his or her hands by virtue of his or her position. The actual cost of said bond shall be paid out of the revenue of said department: Provided, however, That any such city may in lieu of, or in addition to, the appointment of a superintendent of waterworks, be a party to a contract with a corporation skilled and experienced in the management of waterworks properties under which contract such corporation shall have the management of such waterworks properties and the operation of the waterworks system of which such properties are a part, subject to the general supervision, discretion and control of such city in the exercise and discharge of its duties under the law: Provided further, That such contract shall be for a term of not more than five years and may contain such other conditions and provisions, not inconsistent with the foregoing proviso, as may be necessary or desirable: Provided further, That any management contract executed without authority of law prior to the effective date of this act by the board of commissioners of any city shall be of no force or effect unless ratified, confirmed and approved after the effective date of this act by a majority vote of the board of commissioners of said city.
History: L. 1907, ch. 114, § 100; L. 1913, ch. 85, § 6; L. 1921, ch. 111, § 1; R.S. 1923, § 13-2402; L. 1939, ch. 114, § 1; L. 1945, ch. 99, § 26; L. 1957, ch. 125, § 1; May 1.
Said board may appoint a secretary of waterworks, who shall also be a cashier and it shall be the secretary's duty to keep regular sets of books for waterworks accounts, showing in detail the business transactions of the department. The secretary of waterworks shall have general supervision and charge of the office employees of said department under the direction of the superintendent. At the beginning of each month it shall be the duty of the secretary of waterworks to strike a trial balance and make a complete report to the board of commissioners, showing the transactions of the preceding month and the financial condition of the waterworks department.
Such monthly reports shall also include a correct account of all collections, appropriations, expenditures, and approved claims entitled to payment. The secretary of waterworks shall give a good and sufficient surety-company bond to the city for the faithful performance of his or her duties in the sum of five thousand dollars, conditioned for the faithful performance of his or her duties and for a true and faithful accounting of all moneys that may come into the secretary's hand by reason of his or her position. The cost of said bond shall be paid out of the revenue of said department. The secretary of waterworks shall receive a salary which shall be fixed by ordinance.
History: L. 1907, ch. 114, § 101; L. 1921, ch. 111, § 2; R.S. 1923, § 13-2403; L. 1939, ch. 114, § 2; L. 1945, ch. 99, § 27; July 1.
In making all appointments and hiring all officers, agents and servants in the waterworks department, the board of commissioners shall have regard alone to relative capacity of applicants, their moral, physical and health qualifications, and, when appropriate, their qualifications for manual labor. All appointments shall be made on the basis of merit alone, and no appointment shall ever be made in such department on account of political services or affiliations.
History: L. 1907, ch. 114, § 102; May 27; R.S. 1923, § 13-2404.
Said board of commissioners shall fix such rates for water furnished to consumers as will secure an income sufficient to pay all salaries and wages of all officers and employees in such department; to cover all miscellaneous expenses; to pay all interest charges upon all indebtedness of the city created for the purpose of purchasing, improving or extending the waterworks, and to provide a sinking fund of not less than two percent per annum upon such gross indebtedness for the purpose of paying off such indebtedness at maturity; to cover the cost of all repairs, renewals, betterments and extensions of the waterworks and all material used; to cover the depreciation of the plant by use and by improvement in the arts; to repair all losses of the waterworks caused by accident of every kind and to recoup the city for loss of taxes due to city ownership.
History: L. 1907, ch. 114, § 103; L. 1913, ch. 85, § 7; March 15; R.S. 1923, § 13-2405.
It shall be the duty of the board of commissioners to create and maintain a sinking fund for the payment of the bonded indebtedness of such city arising from the purchase of the waterworks, by laying aside from the revenues of the department an amount equal to not less than 2% per annum upon the gross bonded debt. The board of commissioners shall use such sinking fund in the purchase and cancellation from time to time of bonds issued to pay the purchase price of the waterworks but shall not pay for any such bonds any greater sum than par, nor more than the actual market price thereof at the time of purchasing the same, if less than par. All bonds purchased by the board shall be canceled and retired by the board.
If the board of commissioners are unable to purchase any of the bonds on such terms, then it shall be the duty of the board to invest the moneys of the sinking fund in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein or in bonds of the state of Kansas, or general improvement bonds of cities of the first or second class, or bonds of any county in this state wherein a city of the first or second class is located or bonds of unified school districts in this state. Any municipal bonds purchased shall bear no less than 3% interest per annum except that any municipality may purchase its own bonds for sinking fund investments which bear less than the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto. The board shall not buy the bonds of any city, wherein the outstanding bonded city indebtedness, exclusive of the bonded debt created for the purchase or extension of any waterworks system of any bonds for the payment of which special assessments are levied exceeds 15% of its assessed valuation as fixed by such city. In making such investment, the board shall not pay for any such bonds any greater sum than par, nor more than the actual market price thereof at the time of purchasing the same, if less than par, except by unanimous vote of the board.
It shall be the duty of the city attorney to examine the validity of all such bonds and report thereon in writing to the board of commissioners, and no bonds shall be purchased by the board until they have been approved and found valid by the city attorney. It shall be the duty of the secretary to keep a permanent record of the amounts turned into the sinking fund and a full description of all bonded indebtedness of the waterworks department canceled and retired, and a full description of all bonds bought for the sinking fund, the date of the bonds, rate of interest, when payable, number of any coupons attached, when bought, for whom purchased and the price or rate paid therefor.
Immediately upon the receipt of any such bonds purchased for the sinking fund, the city auditor or city clerk, shall cause each bond and any coupons appertaining thereto to be plainly stamped upon the back thereof, "Property of the waterworks sinking fund of the city of _______________." The auditor or city clerk shall also keep a record of each of the bonds and any coupon thereto attached, which record shall show amount, date, rate of interest of such bond, when and where payable, the date, amount and the number of each coupon and when payable. The bonds shall be kept by the city treasurer.
The board of commissioners shall not sell any of such bonds for less than their par value. The city auditor or city clerk shall also keep a duplicate record of the payment of all such bonds or coupons, and all moneys received from the payment of any such bonds and interest thereon shall be reinvested as a part of the sinking fund as hereinbefore provided. It shall be the duty of the secretary to report on January 1 of each year the amount of outstanding indebtedness of the waterworks department and an itemized statement of the moneys and bonds in the sinking fund and the bonded indebtedness paid off during the preceding year.
History: L. 1907, ch. 114, § 104; L. 1913, ch. 85, § 8; R.S. 1923, § 13-2406; L. 1935, ch. 116, § 1; L. 1970, ch. 64, § 101; L. 1977, ch. 54, § 16; L. 1983, ch. 49, § 66; May 12.
Laws 1917, chapter 95, section 1, included by reference. [City over 80,000 having a sinking fund authorized to use $150,000 of said fund for extensions of water system.]
History: R.S. 1923, § 13-2407.
All revenues derived from the sale and consumption of water and from the management and operation of waterworks, shall be deposited, daily, in the city treasury to the credit of the waterworks department, and be kept in a separate fund, to be known as the waterworks department fund; and such revenues shall be used exclusively for the operation, maintenance, renewal and extension of the waterworks and in paying off the bonded indebtedness created for the purchase price thereof, or interest charges on such indebtedness and for no other purpose, except, it shall be lawful for the board of commissioners in cities of the first class having a population of less than twenty-five thousand (25,000), and which has adopted the commission-manager form of government, to use any surplus that may accumulate in said fund for the purpose of purchasing equipment and appliances for the fire department of such city. In cities of the first class having a population of more than one hundred twenty-five thousand (125,000) and less than one hundred sixty thousand (160,000) the governing body thereof may transfer funds from the water department to pay the pensions of former employees of the water department.
Any member of the board of commissioners who shall vote for, or aid, in the transfer or use of such revenues for any private purpose or for any other department of the city government, except as herein provided, shall forfeit his or her office and be liable on his or her official bond for such misappropriation.
History: L. 1907, ch. 114, § 105; L. 1915, ch. 132, § 1; R.S. 1923, § 13-2408; L. 1933, ch. 40, § 1 (Special Session); L. 1935, ch. 117, § 1; L. 1937, ch. 141, § 1; L. 1949, ch. 155, § 1; L. 1951, ch. 165, § 1; L. 1957, ch. 88, § 15; L. 1976, ch. 91, § 1; July 1.
The board of commissioners in cities of the first class before making any water main extension may require contracts, bonds or other evidence of future use insuring to such city a reasonable additional income therefrom. Such cities may make a water rate surcharge to water consumers, within or without such city, served by any water line extension hereafter made by such city or such cities may make a cash connection charge to property owners based on a linear foot cost of such water line extension to reimburse the city for the cost of such extension: Provided, Such surcharge, if made, shall be for a specified period of years, and shall be calculated to return to such city no more than the cost of such extension, plus reasonable interest charge thereon.
History: L. 1907, ch. 114, § 106; L. 1921, ch. 104, § 1; R.S. 1923, § 13-2409; L. 1957, ch. 126, § 1; L. 1961, ch. 96, § 1; February 27.
Any city of the first class operating a waterworks department under the provisions of chapter 114*, Laws 1907, and amendments thereof, may construct facilities, improvements or extensions within or without said city and may sell or dispose of water within or without said city: Provided, Any such city may prohibit or limit the resale of water such city sells. All water lines or facilities now or hereafter located in or on public rights of way, roads, streets, lands or easements and which carry water of a city-owned water plant shall be exclusively subject to regulation by the governing body of such city.
History: L. 1957, ch. 126, § 2; April 4.
The board of commissioners is hereby authorized to measure all water furnished consumers by meter, and all meters and lateral service pipes shall be put in at the expense of the consumer.
History: L. 1907, ch. 114, § 107; May 27; R.S. 1923, 13-2410.
The board of commissioners in cities of the first class, having a population of less than 25,000 and which have heretofore adopted the commission form of government and which own and operate waterworks, is hereby authorized to measure all water furnished consumers by meter. Meters and lateral service pipes may be put in at the expense of the consumer or may be put in or repaired from the profits of the waterworks department at the expense of the city, at the option of the board of commissioners: Provided, Said lateral service pipes shall not be put in or repaired by the waterworks department except in the public streets or alleys to the curb cocks or curb boxes.
History: L. 1917, ch. 102, § 1; March 12; R.S. 1923, § 13-2411.
No person, firm, corporation, or association, nor any city department, shall be allowed free use of water, nor shall there be discrimination among water users of like classes as to rates, and rebates in rates shall never be allowed to any person, firm or corporation or city department except as an inducement to prompt payment of water rates.
History: L. 1907, ch. 114; § 108; May 27; R.S. 1923, § 13-2412.
History: L. 1907, ch. 114, § 109; R.S. 1923, § 13-2413; Repealed, L. 1933, ch. 309, § 27; April 3.
This act shall apply to the city of Leavenworth, Kansas.
History: L. 1937, ch. 143, § 1; L. 1982, ch. 86, § 1; April 8.
(a) Any ordinance adopted by the city of Leavenworth prior to the effective date of this act which relates to the Leavenworth waterworks department established pursuant to K.S.A. 13-2414 et seq., and amendments thereto, is hereby ratified and deemed valid.
(b) The election of the members of the Leavenworth waterworks board which was held on April 2, 1981, and the qualification of such members pursuant thereto are hereby ratified and deemed valid.
(c) Any agreement entered into by the Leavenworth waterworks board, all rules and regulations adopted by such board and any other action taken by the board prior to the effective date of this act are hereby ratified and deemed valid.
History: L. 1982, ch. 86, § 2; April 8.
Cities coming under the provisions of this act are hereby authorized to elect a waterworks board having the powers and duties hereinafter set forth upon the following terms and conditions: The question of electing such waterworks board shall be submitted to a vote of the electorate of such city upon the filing with the city clerk of a petition signed by at least fifteen percent of the qualified electors of such city as shown by the total number of votes cast for all candidates for mayor at the last preceding election. Upon the filing of such petition, it shall be the duty of the mayor within ten days thereafter to issue a proclamation calling a special election for the submission of such question. Such election shall be held within thirty days of the date of the proclamation: Provided, That if a general city election is to be held in not less than thirty nor more than ninety days thereafter, such question shall be submitted at such general election.
History: L. 1937, ch. 143, § 2; March 16.
If the election of a waterworks board has been approved by a majority of the voters at such election, the mayor of such city shall thereupon issue a proclamation for an election of the members of such waterworks board. The said waterworks board shall consist of five members to be nominated and elected by the city at large. The provisions of article 17 of chapter 13 of the General Statutes of 1935, pertaining to the election and removal of officers, shall govern except as to the time of the first primary and election. The three candidates securing the highest number of votes at the election shall hold office for the term of four years and the two candidates receiving the next highest number of votes shall hold office for a term of two years, thereafter the term of each member of the waterworks board shall be for a term of four years.
The members of the waterworks board shall take office within fifteen days after their election and that part of the year until May first shall count as a full year of office. In case of a vacancy in the office of any member of the waterworks board, the remaining members of the waterworks board shall appoint a successor to hold office until the next city election is held at which time a successor shall be elected to fill the unexpired term of such member in the same manner as original elections are made. The members of the waterworks board shall serve without pay or compensation of any kind or character. Each member of said board shall give a good and sufficient surety company bond in a sum to be fixed by the governing body of such city, conditioned for the faithful performance of his or her duties. The cost of said bond shall be paid out of the revenue of the waterworks department.
History: L. 1937, ch. 143, § 3; L. 1938, ch. 34, § 1; L. 1941, ch. 134, § 1; June 30.
The board shall hold meetings regularly at least twice each month and shall designate the time and place thereof. The board shall adopt its own rules of procedure and keep a record of its proceedings. All meetings, records and accounts of the board shall be public. Three (3) members shall constitute a quorum for the transaction of business. Members of the waterworks board shall be persons of business experience and shall not be less than thirty (30) years of age, citizens of the United States, and for five (5) years immediately preceding their election, residents of such city.
History: L. 1937, ch. 143, § 4; L. 1975, ch. 52, § 6; July 1.
The waterworks board shall have the exclusive control of the water plant and shall be charged with the duty of producing and supplying the city and its inhabitants with water for domestic and industrial purposes and for public use in the city; and may sell and dispose of any surplus outside of the city for such purposes said board may control lines and give service outside the boundaries of the city.
Said board shall have authority to enter into agreements to sell water to any township which has a water distributing system and may deposit moneys received under any such agreement to the credit of the joint account of the township and the water board. It shall have power to hire and discharge all employees, agents and officers of the water department and fix their compensation, and purchase all machinery, tools and other appliances and all materials and supplies necessary for the purposes of said department, and may in the name of the city take and hold by purchase, gift, devise, bequest or otherwise such franchises and real or personal property either within or without the city as may be needful or convenient for the carrying out of the intended purposes for which it is established.
It shall be the duty of the governing body of the city when requested by the waterworks board to enact such ordinances as may be deemed necessary for the protection of the water plant, and to institute condemnation proceedings whenever in the judgment of the waterworks board private property should be taken in the name of the city for water plant purposes.
The waterworks board may establish all reasonable rules and regulations to protect the rights and property vested in the city and under control of the board; may issue vouchers or warrants in payment of all claims and accounts incurred by said board, which vouchers or warrants when approved by the board shall be authority to the city treasurer to pay and charge the same against the proper funds, and shall also have such other powers as may be necessary for the proper discharge of its duties.
History: L. 1937, ch. 143, § 5; L. 1941, ch. 134, § 2; June 30.
The waterworks board may appoint a manager of production and distribution of the waterworks plant and fix his or her salary, and the manager's term of office shall be during the pleasure of said board. The manager of production and distribution shall be an engineer who has had experience in the supervision and operation of water plants. He or she shall manage and control the water plant and distribution system under the direction of said board. The manager of production and distribution shall inspect all parts of said plant and see that it is maintained in good condition for use and that all employees attend to their respective duties. He or she shall keep in good repair all machinery and other property, and shall advise said board as to the needs of said plant. All officers, employees, servants and agents of the water plant, when appointed by the board, shall be under the immediate control and management of said manager.
The manager of production and distribution shall perform all such other duties as may be prescribed by the said waterworks board. He or she shall receive as a salary the sum fixed by the waterworks board, and shall give a good and sufficient surety company bond to the city in a sum to be fixed and approved by the waterworks board, conditioned for the faithful performance of his or her duties. The actual cost of said bond shall be paid pro rata out of the revenue of said department.
History: L. 1937, ch. 143, § 6; March 16.
The waterworks board may appoint a manager of collections and accounts, who shall be an experienced accountant, and it shall be the manager's duty to keep a regular set of books for the water plant, showing in detail the business transactions of said plant. The manager's term of office shall be during the pleasure of said board, and he or she shall have general supervision and charge of all office employees of said department under the direction of the waterworks board. It shall be the manager's duty immediately following the close of each month to make a complete report to the waterworks board, and to the governing body of said city, showing the transactions of the preceding month and the financial condition of the water department. Such report shall also include a correct account of all collections, appropriations, expenditures and approved claims entitled to payment.
The salary of the manager of collections and accounts shall be fixed by the waterworks board, and he or she shall give a good and sufficient surety company bond in a sum to be fixed by the waterworks board, conditioned for the faithful performance of duties and for a true and faithful accounting of all moneys that may come into the manager's hands by reason of his or her position. Cost of said bond shall be paid out of revenue of said department. The waterworks board may appoint such assistants to the manager of collections and accounts as they deem necessary, and when the duties of said assistants require them to receive and receipt for moneys said board shall require said assistants to give a good and sufficient surety company bond, the sum of which in each case shall be fixed by said board, conditioned for the faithful performance of said assistants' duties and for a true and faithful accounting of all moneys that may come into said assistants' hands by reason of their position. The cost of said bonds shall be paid out of the revenue of said department.
History: L. 1937, ch. 143, § 7; March 16.
The waterworks board shall make all appointments and hire all officers, agents, servants and employees in the waterworks plant and fix their compensation and determine their qualification, and shall have regard alone to relative capacity of applicants, their moral, physical and health qualifications, and when appropriate, their qualifications for manual labor. All appointments shall be made on the basis of their merits alone, and no appointment shall ever be made on account of political services or affiliations. Such officers, agents, servants and employees shall hold their offices during the pleasure of the waterworks board.
History: L. 1937, ch. 143, § 8; March 16.
The waterworks board shall fix such rates for water furnished to consumers as will secure an income sufficient to pay all salaries and wages of all officers and employees in such department; to cover the cost of all materials and supplies used in the operation of the plant; to cover the cost of all repairs; to cover all miscellaneous expenses; to pay all interest charges upon all indebtedness of the city created for the purpose of purchasing, improving or extending the waterworks, and to provide a sinking fund sufficient for the purpose of paying off such indebtedness at maturity, and to cover the cost of all repairs and renewals of the plant and all material used, together with a reasonable allowance for emergency and unforeseen expenses: Provided, That the waterworks board may fix special rates for water furnished to the governing body of the city for public purposes, or to organized institutions of charity.
History: L. 1937, ch. 143, § 9; March 16.
It shall be the duty of the waterworks board to use the sinking funds herein provided for in the purchase and cancellation from time to time of bonds issued to pay the purchase price of such waterworks plant but the board shall not pay for any such bonds any greater sum than par, nor more than the actual market price thereof at the time of purchasing the same if less than par. All bonds purchased by the board shall be canceled and retired by the board. If the board is unable to purchase any such bonds, then it shall invest the moneys of the sinking funds in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein or in bonds of the state of Kansas, or general improvement bonds of cities of the first and second class, or bonds of any county in this state wherein a city of the first or second class is located, or bonds of unified school districts of this state. Any municipal bonds purchased by the board shall bear not less than 1% per annum. The board shall not buy the bonds of any city, wherein the outstanding bonded city indebtedness, exclusive of the bonded debt created for the purchase or extension of waterworks plant, exceeds 15% of its assessed valuation for the preceding year. In making such investment the waterworks board shall not, except by unanimous vote, pay for any such bonds any greater sum than par, nor more than the actual market price thereof at the time of purchasing the same if less than par. No such bonds shall be purchased until they have been approved in writing and found valid by a competent attorney.
It shall be the duty of the manager of collections and accounts of the waterworks board to keep a permanent record of the accounts turned into the sinking fund, and a full description of all bonded indebtedness canceled and retired, and a full description of all bonds bought for the sinking fund, the date of the bonds, rate of interest, when payable, number of any coupons attached, when bought, from whom purchased, and the price or rate paid therefor. The manager of collections and accounts shall cause to be stamped upon the back of each of the bonds the words, "Property of the waterworks plant sinking fund of the city of __________." The bonds shall be kept by the city treasurer, and the board shall not sell any such bonds for less than their par value. The city auditor or city clerk shall also keep a duplicate record of the payment of all such bonds or coupons, and all money received from the payment of all such bonds and interest thereon shall be reinvested as a part of the sinking fund as hereinbefore provided. It shall be the duty of the manager of collections and accounts of the waterworks board to report on January 1 of each year the amount of outstanding indebtedness of the waterworks plant, and to furnish an itemized statement of the moneys and the bonded indebtedness paid off during the preceding year.
History: L. 1937, ch. 143, § 10; L. 1941, ch. 134, § 3; L. 1977, ch. 54, § 17; L. 1983, ch. 49, § 67; May 12.
The treasurer of the city in which said waterworks plant is located shall be ex officio treasurer of the waterworks board. All funds and property in the treasurer's hands belonging to the water department shall be subject to the control of the waterworks board, and it shall be the duty of said treasurer to receive and receipt for daily the money collected by the employed* of the said board, and to pay out the same when ordered by the waterworks board upon warrants signed by the chairman or vice-chairman of the board and countersigned by the manager of collections and accounts, certifying that such warrant is issued by authority of the board. Said ex officio treasurer shall give a surety bond to said waterworks board in such amount as said board may deem necessary, said bond to be approved by said board and the premium thereon paid by said board.
History: L. 1937, ch. 143, § 11; March 16.
In case said waterworks board shall deem it necessary and expedient to vote bonds for the construction, extension or improvement of the water plant for the purpose of producing and supplying such city and its inhabitants with water it shall be the duty of the mayor of such city, within thirty days after receiving written request from said waterworks board, to issue a proclamation for holding an election to vote bonds to the amount requested by said waterworks board. If a majority of the votes cast at such election shall be in favor of the issuance of such bonds the governing body of such city shall issue and sell such bonds in such amounts and at such time or times as requested by the waterworks board, the proceeds thereof to be delivered to the treasurer of the waterworks board.
The election provided for in this section shall be held in accordance with the general election laws of the state of Kansas, and the cost thereof, if held on dates other than the regular city elections, shall be paid by the waterworks board of such city: Provided, That if bonds have been authorized by an election but not issued at the time this act takes effect, such bonds may be issued without a further election, at the request of the waterworks board.
History: L. 1937, ch. 143, § 12; March 16.
The amount of the bonds which may be issued under the provision of this act for the purchase or extension of the water plant shall not be in excess of ten percent of the assessed valuation of such city, and bonds to such percentage may be issued regardless of any other statute of limitation, and the bonds issued under this act shall not be counted under any statute of limitations for the issuance of bonds for other purposes, and all bonds issued under the provisions of this act shall be a direct lien upon said waterworks plant, payment of which shall be guaranteed by the city at large.
History: L. 1937, ch. 143, § 13; March 16.
All other powers and duties under acts and parts of acts relating to waterworks plants in such cities of the first class insofar as applicable shall be exercised by the waterworks board.
History: L. 1937, ch. 143, § 14; March 16.
In any city which adopts the provisions of this act, the powers, duties, authority and jurisdiction of the commissioner of water and light and of the city commission are hereby transferred to and conferred upon the waterworks board. In the event any city which has adopted the provisions of this act shall adopt the city manager plan of government, the waterworks board shall retain control of the management and operation of the waterworks plant and the city manager shall have no jurisdiction or control over said utility.
History: L. 1937, ch. 143, § 15; L. 1947, ch. 148, § 1; April 8.
Whenever the governing body of any city in which a waterworks board has been established in conformance with K.S.A. 13-2414 to 13-2428, both sections inclusive, shall determine that certain real property purchased by the waterworks board in the name of the city, as authorized by law, is not being used for the purposes acquired, the said city governing body may, by resolution, provide for the use of such property for city or public parking facilities, or both. Before any resolution shall be adopted for such use, the governing body shall hold a hearing thereon, notice of the time and place of which shall be given by publication in the official city paper at least seven (7) days prior to the hearing. If after such hearing, the city governing body shall make a determination that the waterworks board (1) is not using the property for the purposes acquired, or has declared the same to be surplus property of the board, and (2) that there is immediate need for the use of such property for parking facilities, then the governing body may adopt a resolution providing for the use of such property by the city, and may thereafter use the property for parking facilities.
The waterworks board of the city may at any time after the adoption of such a resolution by the city, petition the governing body of the city for the return of the possession of the property used for parking facilities by the city and the city governing body is authorized, after a hearing, to order, by resolution, the return of the possession of such property to the waterworks board. If the city shall at any time cease to use such property for parking facilities, the governing body of the city shall immediately notify the board of such nonuse and the waterworks board shall thereupon resume possession of the property. This section shall be construed as supplemental to and a part of K.S.A. 13-2414 to 13-2428, inclusive.
History: L. 1965, ch. 114, § 1; March 20.
History: L. 1907, ch. 114, § 110; R.S. 1923, § 13-2501; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1907, ch. 114, § 111; L. 1911, ch. 100, § 1; R.S. 1923, § 13-2502; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1931, ch. 122, §§ 1–4; Repealed, L. 1947, ch. 127, § 1; April 11.
History: L. 1915, ch. 270, § 1; R.S. 1923, § 13-2503; L. 1925, ch. 107, § 1; Repealed, L. 1959, ch. 99, § 1; June 30.
History: L. 1915, ch. 270, § 2; R.S. 1923, § 13-2504; Repealed, L. 1959, ch. 99, § 1; June 30.
History: R.S. 1923, § 13-2505; Repealed, L. 1959, ch. 99, § 1; June 30.
History: R.S. 1923, § 13-2506; Repealed, L. 1959, ch. 99, § 1; June 30.
History: L. 1915, ch. 270, § 8; R.S. 1923, § 13-2507; L. 1979, ch. 52, § 65; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1915, ch. 270, § 9; R.S. 1923, § 13-2508; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1925, ch. 113, §§ 1, 2; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1915, ch. 270, §§ 10, 11; R.S. 1923, §§ 13-2509, 13-2510; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1933, ch. 45, § 1 (Special Session); Repealed, L. 1947, ch. 127, § 1; April 11.
History: L. 1919, ch. 126, § 1; R.S. 1923, § 13-2511; L. 1927, ch. 122, § 1; Repealed, L. 1947, ch. 127, § 1; April 11.
History: R.S. 1923, § 13-2512; L. 1925, ch. 107, § 2; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, § 2; R.S. 1923, § 13-2513; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, §§ 5–8; R.S. 1923, §§ 13-2514–13-2517; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, §§ 9, 10; R.S. 1923, §§ 13-2518, 13-2519; L. 1955, ch. 109, §§ 1, 2; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1955, ch. 109, §§ 3, 4; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, § 11; R.S. 1923, § 13-2520; L. 1955, ch. 109, § 5; Repealed, L. 1998, ch. 4, § 1; July 1.
History: R.S. 1923, § 13-2521; L. 1955, ch. 109, § 6; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, § 13; R.S. 1923, § 13-2522; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, § 14; R.S. 1923, § 13-2523; L. 1927, ch. 123, § 1; L. 1929, ch. 120, § 1; L. 1933, ch. 132, § 1; L. 1941, ch. 122, § 7; Repealed, L. 1943, ch. 107, § 2; June 28.
History: R.S. 1923, § 13-2524; Repealed, L. 1943, ch. 107, § 2; June 28.
History: L. 1943, ch. 107, § 1; Repealed, L. 1957, ch. 127, § 1; June 29.
History: L. 1911, ch. 79, § 19; R.S. 1923, § 13-2525; L. 1970, ch. 64, § 38; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, § 20; R.S. 1923, § 13-2526; L. 1961, ch. 77, § 2; L. 1970, ch. 64, § 39; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, § 21; R.S. 1923, § 13-2527; L. 1963, ch. 234, § 35; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, §§ 22, 23; R.S. 1923, §§ 13-2528, 13-2529; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, §§ 24, 25; R.S. 1923, §§ 13-2530, 13-2531; Repealed, L. 1955, ch. 109, § 8; June 30.
History: L. 1911, ch. 79, § 26; L. 1915, ch. 108, § 1; R.S. 1923, § 13-2532; Repealed, L. 1955, ch. 109, § 8; June 30.
History: L. 1911, ch. 79, §§ 28–30; R.S. 1923, §§ 13-2533–13-2535; Repealed, L. 1998, ch. 4, § 1; July 1.
History: R.S. 1923, § 13-2536; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, § 38; R.S. 1923, § 13-2537; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, §§ 39, 40; R.S. 1923, §§ 13-2538, 13-2539; Repealed, L. 1955, ch. 109, § 8; June 30.
History: L. 1911, ch. 79, § 41; R.S. 1923, § 13-2540; Repealed, L. 1998, ch. 4, § 1; July 1.
History: R.S. 1923, § 13-2541; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1911, ch. 79, § 43; R.S. 1923, § 13-2542; L. 1955, ch. 109, § 7; L. 1963, ch. 103, § 1; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1963, ch. 103, §§ 2, 3; Repealed, L. 1998, ch. 4, § 1; July 1.
History: L. 1907, ch. 114, § 112; R.S. 1923, § 13-2601; Repealed, L. 1973, ch. 76, § 1; July 1.
History: L. 1907, ch. 114, § 113; R.S. 1923, § 13-2602; Repealed, L. 1951, ch. 131, § 1; June 30.
History: R.S. 1923, § 13-2603; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1929, ch. 131, §§ 1, 2; Repealed, L. 1975, ch. 110, § 1; July 1.
History: L. 1913, ch. 92, § 1; R.S. 1923, § 13-2701; Repealed, L. 1998, ch. 41, § 1; July 1.
History: L. 1913, ch. 92, § 2; R.S. 1923, § 13-2702; L. 1979, ch. 52, § 66; Repealed, L. 1998, ch. 41, § 1; July 1.
History: L. 1913, ch. 92, § 3; L. 1919, ch. 133, § 1; L. 1921, ch. 125, § 1; R.S. 1923, § 13-2703; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1913, ch. 92, § 4; R.S. 1923, § 13-2704; Repealed, L. 1998, ch. 41, § 1; July 1.
History: L. 1913, ch. 92, §§ 5–11; R.S. 1923, §§ 13-2705–13-2711; Repealed, L. 1998, ch. 41, § 1; July 1.
History: L. 1943, ch. 295, § 1; L. 1949, ch. 156, § 1; Repealed, L. 1969, ch. 105, § 1; July 1.
History: L. 1907, ch. 114, § 114; R.S. 1923, § 13-2801; L. 1941, ch. 135, § 1; Repealed, L. 1945, ch. 98, § 3; March 20.
History: L. 1941, ch. 135, § 2; Repealed, L. 1945, ch. 98, § 3; March 20.
History: L. 1907, ch. 114, § 115; R.S. 1923, § 13-2901; L. 1953, ch. 101, § 1; L. 1957, ch. 128, § 1; Repealed, L. 1959, ch. 64, § 17; June 30.
History: L. 1907, ch. 114, § 116; R.S. 1923, § 13-2902; L. 1945, ch. 121, § 2; Repealed, L. 1959, ch. 64, § 17; June 30.
History: L. 1907, ch. 114, § 117; R.S. 1923, § 13-2903; Repealed, L. 1998, ch. 89, § 1; July 1.
Nothing in this act shall be construed as repealing the following sections of chapter 122 of the Session Laws of 1903, to wit: Sections 21[13-401], 22, 23, 24 [see 13-404], 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 [13-424], 45, 46, 47, 48, 49, 50, 51 [see 13-431], 52, 53, 54, 55 [13-435], 56 (as amended by Laws 1905, chapter 109, section 1 [13-436]), 57, 58, 59 (as amended by Laws 1911, chapter 89, section 1; as further amended by Laws of 1913, chapter 106, section 1 [12-1633]), 60, 61, 62, 63, 64 [13-443], 91, 92, 93 [13-530], 94 [13-531], 95 [13-532], 96 [13-533], 97 [13-534], 98 [13-601], 99 [13-602], 100 [13-603], 101 [13-604], 102 [13-605], 103 (as amended by Laws 1905, chapter 110, section 1 [13-606]), 104 [13-607], 105 [13-608], 106 [13-609], 107 [13-610], 108 [13-611], 108a [13-612], 108b[13-613], 109 [13-614], 110 [13-615], 111 [13-616], 112 (as amended by Laws 1905, chapter 110, section 2 [13-617]), 113 [13-618], 114 [13-619], 115[13-620], 116 [13-621], 117 [13-622], 118 (as amended by Laws 1905, chapter 110, section 3 [13-623]), 119 [13-624], 120 (as amended by Laws 1905, chapter 110, section 4[13-625]), 121 [see 13-626], 122 [13-627], 123 [13-628], 124 [13-901], 125[13-902], 126 [see ch. 10, art. 1], 127, 128 [13-904], 129 [13-905], 130 [13-906], 131 [13-907], 132, 133 [13-909], 134, 136 [see 13-912], 137, 138, 139, 140, 141, 142, 143, 144 (as amended by Laws 1903, Special Session, chapter 35 [see 13-1009]), 145 [see 13-1011], 146 [see 12-606], 147 [see 12-603], 148 [see 12-609], 149 [see 13-1013], 150 [13-1014], 151 [see 13-1015], 152 [13-1016], 153 [see 13-1017], 154 [see 13-1018], 155 [see 10-114], 156 [13-1019], 157 [13-1020], 158, 159 [see 13-1022], 160 [see ch. 26, art. 2], 161[13-1023], 161a [see ch. 26, art. 2], 162 [see ch. 26, art. 2], 163, 164 (as amended by Laws 1905, chapter 106), 166 (as amended by Laws 1905, chapter 111 [see 12-2001, 12-2002]), 167 [12-2001, 12-2002], 168 [see 12-811], 170a [see 12-811], 172 [13-1402], 173 (as amended by Laws 1905, chapter 113), 174 [13-1404], 175 [see ch. 10, art. 1], 176 [see ch. 10, art. 1], 177, 178 [see 13-1406], 179 [13-1407], 180, 184, 185[13-1413], 186 [13-1414], 187, 188, 189 [13-1417], 190, 192[13-1420], 194 and 195; and each of said sections, and all other acts or parts of acts now in force, or which may hereafter be enacted, relating to cities of the first class, not in conflict with this act, shall continue in full force and effect until amended or repealed, and all the powers and duties therein conferred upon the mayor or the mayor and council shall be exercised by the mayor or the board of commissioners, respectively, insofar as such powers or duties do not conflict with the provisions of this act.
History: R.S. 1923, § 13-2904; December 27.
History: L. 1907, ch. 114, §§ 119, 120; R.S. 1923, §§ 13-2905, 13-2906; Repealed, L. 1998, ch. 5, § 1; July 1.
History: L. 1907, ch. 114, § 121; R.S. 1923, § 13-2907; L. 1968, ch. 274, § 29; L. 1976, ch. 76, § 14; Repealed, L. 1998, ch. 5, § 1; July 1.
History: L. 1909, ch. 76, § 1; R.S. 1923, § 13-2908; Repealed, L. 1998, ch. 5, § 1; July 1.
History: L. 1927, ch. 127, § 1; L. 1947, ch. 149, § 1; L. 1949, ch. 157, § 1; L. 1957, ch. 88, § 16; Repealed, L. 1969, ch. 106, § 1; July 1.
History: L. 1927, ch. 127, § 2; L. 1947, ch. 149, § 2; Repealed, L. 1969, ch. 106, § 1; July 1.
History: L. 1927, ch. 127, § 3; L. 1947, ch. 149, § 3; L. 1957, ch. 129, § 1; Repealed, L. 1969, ch. 106, § 1; July 1.
History: L. 1930, ch. 5, § 1; Repealed, L. 1947, ch. 127, § 1; April 11.
History: L. 1939, ch. 110, § 1; L. 1947, ch. 153, § 1; L. 1949, ch. 158, § 1; Repealed, L. 1951, ch. 166, § 1; April 2.
History: L. 1939, ch. 110, §§ 2–11; Repealed, L. 1951, ch. 166, § 1; April 2.
History: L. 1939, ch. 110, § 12; L. 1941, ch. 136, § 1; Repealed, L. 1951, ch. 166, § 1; April 2.
History: L. 1939, ch. 110, §§ 13–19; Repealed, L. 1951, ch. 166, § 1; April 2.
History: L. 1939, ch. 110, §§ 20, 21; L. 1945, ch. 124, §§ 1, 2; Repealed, L. 1951, ch. 166, § 1; April 2.
History: L. 1939, ch. 110, § 22; Repealed, L. 1951, ch. 166, § 1; April 2.
History: L. 1939, ch. 110, §§ 23, 24; L. 1947, ch. 153, §§ 2, 3; Repealed, L. 1951, ch. 166, § 1; April 2.
History: L. 1939, ch. 110, §§ 25–27; Repealed, L. 1951, ch. 166, § 1; April 2.
History: L. 1939, ch. 110, §§ 28, 29; L. 1947, ch. 153, §§ 4, 5; Repealed, L. 1951, ch. 166, § 1; April 2.
History: L. 1939, ch. 110, §§ 30–36; Repealed, L. 1951, ch. 166, § 1; April 2.
History: L. 1951, ch. 166, §§ 1, 2; Repealed, L. 1976, ch. 92, § 1; July 1.
Any city having a population of over two hundred twenty-five thousand (225,000) may invoke the authority contained in this act on a finding by its governing body that all of the following states of fact exist:
(a) Transportation of persons within the metropolitan area of such city is necessary and convenient to the well-being of such city and its inhabitants.
(b) Privately owned public transportation facilities in operation in such city are inadequate.
(c) It is impossible for existing franchised operators of transportation facilities or some of them to render the necessary service with adequate resulting return on their investment of capital.
(d) Assignment of the existing franchise by the holder to another or release thereof and granting of a new franchise by any such city will not afford adequate service.
Such findings, if made, shall be by resolution adopted by the governing body of such city on an affirmative recorded vote of at least two-thirds (2/3) of the elected members of such governing body. Such resolution shall outline the proposed public operation of a transit system and shall call for a special election by the electors of the city and shall fix the date thereof. Such resolution shall be published in full in the official city newspaper. Notice of said election shall be given and the election shall be conducted all in the manner provided by law for regular city elections. The proposition submitted at such election shall be substantially as follows: "Shall the public operation of a transit system be authorized as outlined in the resolution of the governing body of the city of _____________ dated ________?" If a majority of the votes cast are not in favor of the proposition such city is not authorized to proceed further under this act. If a majority of the votes cast are in favor of the proposition the governing body may proceed by ordinance to acquire and operate a transit system as provided in this act.
For the purposes of this act, "transit system" is defined as motor buses or electric buses and trucks and maintenance, repair and servicing equipment and supplies for the transportation of persons and property, and shall also include land and buildings used or useful for such purposes.
History: L. 1965, ch. 123, § 1; May 15.
Such city so authorized to invoke the authority provided for in this act may engage in the business of transportation of passengers and property within the city and its surrounding territory by whatever means it may decide, and may acquire motor buses and other equipment, reasonably required for carrying on such a business. Such city may acquire land and construct, equip and furnish buildings thereon for the operation, maintenance, modification, repair and storage of any buses, trucks or other equipment of such transit systems.
History: L. 1965, ch. 123, § 2; May 15.
The city manager of such city may provide for the selection of employees reasonably necessary in connection with the acquisition, construction, maintenance and operation of such transit system, define their duties, regulate their compensation, and provide for their removal.
History: L. 1965, ch. 123, § 3; May 15.
The governing body of such city may make, ordain and establish all such ordinances, resolutions, rules and regulations as it may deem necessary and proper for the conduct of the transit systems and for fixing and collecting all fares, rates and charges for services rendered.
History: L. 1965, ch. 123, § 4; May 15.
Any such city engaging in the business of transportation may extend its transit system to points outside such city where necessary and incidental to furnishing efficient transportation service to points within such city, subject to the limitation contained in K.S.A. 13-3110.
History: L. 1965, ch. 123, § 5; May 15.
The governing body of any such city may lease any transit system in whole or part to any person who will contract to operate it according to rules, time tables and other requirements established by the governing body, and such lease may be made for a term of not to exceed ten (10) years.
History: L. 1965, ch. 123, § 6; May 15.
The power of eminent domain is granted to such cities for the purpose of acquiring land, equipment, supplies, buses, contracts and other assets from persons, firms or corporations holding franchises from any such cities for the conduct of transit systems and the transportation of persons or property or from any other person, firm or corporation.
History: L. 1965, ch. 123, § 7; May 15.
Any such city may expend moneys to pay part of the costs of operation of public transit systems if revenues of such system prove to be insufficient to cover all costs and for such purposes such cities may levy a tax each year upon all the taxable tangible property within such city for such purposes 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.
History: L. 1965, ch. 123, § 8; L. 1970, ch. 77, § 9; L. 1975, ch. 494, § 21; L. 1979, ch. 52, § 67; July 1.
Any such city is hereby authorized to enter into agreements with the United States or any of its officers or agencies, or the state or any of its officers or agencies, or any combination of agencies, departments, or officers of both the United States and the state of Kansas for planning, developing, modernizing, studying, improving, financing, operating or otherwise affecting public transit, to accept any loans, grants or payments from such agencies, and to make any commitments or assume any obligations required by such agencies as a condition of receiving the benefits thereof.
History: L. 1965, ch. 123, § 9; May 15.
Transportation service may not be extended to points outside the county in which such city is located unless prior approval is obtained from the Kansas state corporation commission in the manner now provided for common carriers of persons.
History: L. 1965, ch. 123, § 10; May 15.
The governing body of any such city may adopt an ordinance without an election providing for the issuance of revenue bonds, the proceeds of which such city may use to acquire land, buses, equipment, supplies, materials, spare parts, contracts and other property reasonably required for a public transit system or for refunding bonds previously issued for such purposes. All refunding bonds issued under this section shall be issued in the manner prescribed by and subject to the provisions of K.S.A. 10-116a.
History: L. 1965, ch. 123, § 11; L. 1977, ch. 58, § 11; May 18.
Any such bonds shall be payable solely and only from a pledge of the net income derived by the municipality from the transit system financed with the proceeds of such bonds and other transit facilities not so financed, but any such city may also pledge to levy an ad valorem tax of not to exceed two (2) mills and to employ such tax for so long as any such bonds remain outstanding and unpaid. Any such city may also provide that contributions, grants, or other financial assistance from the state or federal governments or any other source shall be employed in the operation of the transit system so long as any such bonds remain outstanding.
History: L. 1965, ch. 123, § 12; L. 1975, ch. 111, § 1; L. 1975, ch. 112, § 1; July 1.
Any such revenue bonds shall be issued as provided in K.S.A. 10-1201 et seq., except to the extent that such statutes are in conflict with this act.
History: L. 1965, ch. 123, § 13; May 15.
Bonds issued under this act and all interest thereon shall be exempt from all taxes imposed by this state or any of its political subdivisions.
History: L. 1965, ch. 123, § 14; L. 2010, ch. 44, § 12; July 1.
The provisions of K.S.A. 10-1001 to 10-1122, inclusive, and K.S.A. 79-2925 shall not apply to the operation of any such transit system by any such city.
History: L. 1965, ch. 123, § 15; May 15.
If any part or application of this act is held invalid, the remainder of this act or its application to other situations or persons shall not be affected.
History: L. 1965, ch. 123, § 16; May 15.
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