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chapter-68•Chapter 68 — Roads and Bridges
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.
Unless the context clearly indicates otherwise, the following terms shall have the meanings herein ascribed to them wherever they appear in chapter 68 of the Kansas Statutes Annotated, and amendments thereto:
(a) "Highway commissioners," "township board of highway commissioners," "township commissioners," "township board," or "township governing body" means the governing body of the township composed of the township trustee, the township clerk and the township treasurer.
(b) "Class A roads" means all roads in county unit road counties, not designated as part of the county primary or county major collector road systems nor as part of the state or federal road systems. "Class A roads" shall include the roads formerly under the jurisdiction of the township, unless otherwise designated and classified by the county engineer and the board of county commissioners.
(c) "County roads" means all roads designated as such by the board of county commissioners, including roads on the county major collector road system, class A roads in county road unit counties and federal aid classified routes that extend from major or minor collectors into the area between urban or urbanized limits and city limits, as defined in title 23 of the code of federal regulations.
(d) "State roads" and "state highways" means all roads designated as a part of the state highway system by the secretary of transportation.
(e) "Township roads" means all roads within a township not within a county road unit county other than federal, state, and county roads.
History: L. 1911, ch. 248, § 1; R.S. 1923, 68-101; L. 1961, ch. 299, § 1; L. 1975, ch. 427, § 71; L. 2005, ch. 84, § 2; L. 2006, ch. 76, § 1; July 1.
(a) Upon petition of any adjacent landowner, the board of county commissioners may lay out, alter or vacate a road. The board of county commissioners also may layout or alter any road when deemed necessary by the board.
(b) The board of county commissioners may vacate any road in the county whenever the board determines such road is not a public utility by reason of neglect, nonuse, or inconvenience or from other cause or causes such road has become practically impassable and the necessity for such road as a public utility does not justify the expenditure of the necessary funds to repair such road or put the same in condition for public travel.
(c) Notice of the laying out, alteration or vacation of any road shall be given in the manner provided by K.S.A. 68-102a, and amendments thereto.
History: L. 1911, ch. 248, § 2; R.S. 1923, 68-102; L. 1931, ch. 243, § 1; L. 1945, ch. 265, § 1; L. 1951, ch. 374, § 1; L. 1997, ch. 74, § 5; L. 1999, ch. 146, § 1; July 1.
Before any road is laid out, altered or vacated without the presentation of a petition, the county clerk shall give notice of the proposed action by publication once in the official county newspaper and by sending notice by certified mail to each owner of property adjoining the road, at the address where the owner's tax statement is sent. The notice shall set forth a description of the road proposed to be laid out, altered or vacated. Proceedings for the award of damages, if any, to the property owners affected by such action, and any appeal therefrom, shall be made in the same manner as provided in K.S.A. 68-107, and amendments thereto. Any person or persons may make written application to the county commissioners for payment for damage to property caused by such action. The county commissioners shall not award damages unless there has been filed with the county clerk, within 12 months after the entering of the order laying out, altering or vacating such road, a written application giving a description of the premises for which damages or compensation are claimed. The county commissioners shall determine the amount of damage sustained, if any, by such claimant. All applications for damages shall be forever barred unless they are presented as provided by this act.
History: L. 1931, ch. 243, § 2; L. 1981, ch. 173, § 67; L. 1999, ch. 146, § 2; July 1.
All petitions for laying out or altering a road shall specify the place of beginning, the intermediate points, if any, and the place of termination of such road.
History: L. 1911, ch. 248, § 3; May 22; R.S. 1923, 68-103.
(a) Upon presentation of any petition for a road, or for the alteration or vacation of any road, to the county commissioners, at any regular session of their board, it shall be the duty of such commissioners, if they find the petition to be a legal one, and that the proper bond has been filed, to appoint three disinterested householders of the county as viewers with such commissioners, who may act as viewers of such road, and the county clerk shall give notice by advertisement set up in the county clerk's office and in every municipal township through which any part of such road is designed to be laid out, altered, or vacated, for at least 20 days, and by publication for two consecutive weeks in a newspaper of general circulation in the county, setting forth that such petition has been presented, giving the substance thereof, and that the commissioners or the viewers, on the day designated, which shall not be more than 20 days after the date of the second publication in the newspaper of the notice herein required, will proceed to view the* such road, and give all parties a hearing.
(b) They shall also cause a record of such notice to be entered on their journal by the county clerk. They shall issue an order directing the county surveyor to meet with them at the time and place named in such notice to survey such road. In case of failure to meet on the day designated, they may meet on the following day, without further notice; and in case of failure to meet within the time herein specified, new notice shall be given as hereinbefore provided; that in all applications for the location, change and relocation of any road to be located upon or along any section line, and the petition shall so state, and shall specify the section lines to be followed, the place of beginning and the place of ending, the survey may be dispensed with, and in case the owners of the lands taken agree in writing to the proposed location, relocation, or change, and the commissioners are satisfied that the location, relocation or change prayed for is practicable, and can be made without unreasonable expense, they may dispense with the viewing of such location, relocation or change of road, and shall order the same to be surveyed, platted and opened, and shall also direct the county surveyor to note such location, relocation or change of roads upon the road records of such county surveyor's office.
History: L. 1911, ch. 248, § 4; May 22; L. 2011, ch. 49, § 25; July 1.
It shall be the duty of at least one of the petitioners to cause six days' notice to be given in writing to the owner or owners or their agents, if residing in the county, or if such owner be a minor, idiot or insane person, then to the guardian of such person, if a resident of the county, through whose land such road is proposed to be laid out and established, and also six days' notice to the county surveyor of the time and place of meeting, as specified in the notice of the commissioners. Copies of said notice of lands, with affidavits of service attached, shall be filed in the county clerk's office before said road shall be established.
History: L. 1911, ch. 248, § 5; May 22; R.S. 1923, 68-105.
It shall be the duty of the commissioners or said viewers or a majority of them, and the county surveyor to meet at the time and place specified in the notice aforesaid, or on the following day thereafter, and they may, if they deem it necessary, take to their assistance two suitable persons as chain carriers and one as marker, and then proceed to view, survey, lay out, alter or vacate the road as prayed for in said petition, or as nearly so as a good road can be made at a reasonable expense, taking into consideration the utility, convenience and inconvenience, and expense which will result to individuals as well as to the public, if such road, or any part thereof, shall be established and opened or altered.
Said commissioners or viewers shall also assess and determine the amount of damages sustained by any person or persons through whose premises the said road is proposed to be established. Such commissioners or viewers shall not assess or award damages or compensation to any person or persons in consequence of the opening of said road, unless the owner or owners, or their agents, or guardians, having been duly notified as provided in this act of the applications and proceedings by which their property is sought to be appropriated or damaged, shall have filed a written application with said commissioners, giving a description of the premises on which damages or compensation are claimed, at the time of said view and hearing, as hereinbefore provided for: Provided, That in case any person has not received the notice of the view of said road, as hereinbefore provided for, he may at any time within twelve months after the location of said road file an application for damages with the county commissioners, who shall determine the amount of damages sustained by such claimant; and all applications for damages shall be forever barred unless they are presented as provided for in this act. If the commissioners or viewers, after viewing such proposed road, shall so direct, the county surveyor shall survey the said road under their direction, and cause the same to be conspicuously marked throughout, noting the courses and distances.
He shall also make out and deliver to the county clerk, without delay, a correct and certified return of the survey of the said road, and a plat of the same, and the said commissioners or viewers shall make out and sign a certificate stating their opinion in favor of or against the establishment, alteration or vacation of said road or any part thereof, and set forth the reason of the same, which certificate shall be filed with the county clerk on or before the first day of the session of the commissioners then next ensuing; and at such session next ensuing the said commissioners shall, if they conclude that said road should be established, altered, or vacated, and no legal objections appear against the same, and they are satisfied that such road will be of public utility, enter an order upon their records that said road, survey and plat be recorded in the office of the county surveyor and from thence forth said road shall be considered a public highway, and the county surveyor shall issue his order to the trustees of the respective townships in which said road is located, directing them to cause the same to be opened for the public travel at the time and in the manner indicated by him; but if the commissioners conclude that such road as applied for is unnecessary or impracticable, then no further proceedings shall be had thereon and the obligor or obligors on the bond securing costs shall be liable for the full amount of all costs accrued by reason of the view of said road.
History: L. 1911, ch. 248, § 6; May 22; R.S. 1923, 68-106.
It shall be the duty of the commissioners or viewers, at the same time that they make their certificate of the view, if favorable, to make also a separate certificate, in writing stating the amount of damage, if any, by them assessed, and to whom, and submit therewith the written application upon which the assessments have been made.
Any person feeling aggrieved by the award of damages made by the board of county commissioners may appeal from the decisions of said board of county commissioners to the district court pursuant to K.S.A. 60-2101. In all counties having a population of not less than thirty thousand (30,000) and not more than ninety thousand (90,000) inhabitants, if the commissioners or viewers shall find that damages are sustained by owners of the land through which such road is located or opened, and if they find that certain special benefits are derived by the land in the vicinity of the road as well as by the public or the county at large, then they shall fix the limits of the benefit district embracing such real estate as they find to be specially benefited and assess a part of the damages allowed against such benefit district. Such certificate of commissioners or viewers shall contain the correct description of each piece or parcel of private property taken, if any, and the value thereof, and of each piece of property damaged, and the amount of damages thereto for which compensation is to be paid as ascertained by the viewers or commissioners as above provided. Such benefit district shall extend back not less than one hundred feet and not more than twelve hundred feet from either side of the proposed road. If the land on either side of said proposed road be platted into lots or blocks, then the benefit district as to such platted land shall not extend more than one-half (½) block with a maximum distance of three hundred (300) feet on the side or sides of the road where such land is so platted. The commissioners or viewers shall proceed to assess benefits equal to the amount of damages in the following manner:
(1) Such an amount as they find shall be paid by the county.
(2) The remainder of the damages shall be assessed against the land in the benefit district as established, in the manner provided by this section in such amounts and in such proportions against the various tracts of land exclusive of improvements as they find such tracts of lands are benefited by the opening or location of such road. It shall be the duty of the commissioners or viewers at the same time that they make their certificate of review, if favorable, to make also a separate certificate in writing stating the amount of the damages, if any, by them assessed and to whom, and submit therewith the written application upon which the assessments have been made and at the same time submit a certificate showing the manner in which the damages are to be paid by the levying of benefits against the various tracts of land within the benefit district, which has been by them established in connection with and as a part of such proceedings and the manner of payment of such benefits.
In case a part of a tract of land is taken from which damages are allowed and benefits assessed against the remaining portion of such tract, then such part of the damages as may be necessary shall be applied to pay off and have discharged of record any taxes or mortgages on such condemned land and the owner of said land may have the remainder of the damages, if any, offset against the benefits assessed against such owner's remaining land in the benefit district, or so much thereof as may be required to pay such benefits in full. Benefits assessed may be paid in full without interest within thirty (30) days from date of final determination of the amount thereof. If not paid within such period of time, then they may be paid in the same manner as are general taxes, except that they shall be due in equal amounts over not to exceed five (5) years and the unpaid portions thereof shall bear interest at not to exceed six percent per annum, payable annually, which manner of payment and rate of interest shall be fixed by the board of county commissioners.
The net amount of damage to be paid to acquire such land so condemned shall be advanced by the county from its general fund and it shall thereafter receive and collect benefits in the manner provided for above and place the same with interest thereon to the credit of its general fund. The county commissioners shall thereupon set a day for a hearing in connection with the establishment of the benefit district and the fixing of damages and benefits, which date of hearing shall be not less than three weeks subsequent to the date of the fixing of such damages and benefits. It shall thereupon be the duty of the county clerk to insert in the official county paper an appropriate notice of the time, place and purpose of such hearing, which notice shall appear in such official county paper at least twice and the date of the last notice shall be at least three days before the date set for the hearing. The county clerk shall also mail to the owner of each tract of land, for which damages have been allowed, or against which benefits have been assessed, a copy of the proceedings, insofar as the fixing of the benefit district and of damages and benefits is concerned, and which notice shall also set forth the time and place and purpose of the hearing. This notice shall be mailed at least five days before the date of the hearing to all owners of the land taken or within the benefit district, as shown by the records in the office of the county treasurer, at the last address given at the time of the payment of the taxes. Failure to receive said notice shall not affect the validity of any of these proceedings. Copies of said notice with an affidavit or affidavits of service attached shall be filed in the county clerk's office before the date of the final hearing. Upon the date provided for above there shall be a final hearing before the county commissioners or viewers, at which time said findings contained in said certificate of view shall be considered and a final order entered in the record of the county commissioners, which may amend, modify, approve or disapprove the findings contained in the certificate of the commissioners or viewers.
Any person feeling aggrieved by the orders made by the board of county commissioners or viewers, may appeal from the decision of said board of county commissioners or viewers to the district court pursuant to K.S.A. 60-2101. If no appeal to the district court is taken within the time prescribed by K.S.A. 60-2101, the assessment shall become final.
History: L. 1911, ch. 248, § 7; R.S. 1923, 68-107; L. 1933, ch. 234, § 1; L. 1941, ch. 307, § 1; L. 1945, ch. 266, § 1; L. 1951, ch. 374, § 2; L. 1977, ch. 105, § 21; July 1.
History: L. 1911, ch. 248, § 8; R.S. 1923, 68-108; L. 1961, ch. 299, § 2; Repealed, L. 2011, ch. 49, § 30; July 1.
When it shall become necessary to establish a road on a county line, the inhabitants along such line may petition the board of commissioners of their respective counties for a view of said road in the manner hereinbefore provided; and it shall be the duty of the board of commissioners for each of the counties interested to act as viewers, or they may appoint three disinterested householders of the county, and they or a majority of each of them shall meet at the time and place named in the order of the county interested as in alphabetical order, together with the county surveyor of such county, and the commissioners or viewers shall assess all damages, and shall in all respects be governed by the preceding provisions of this act; and the commissioners or viewers and surveyor aforesaid shall make their report and certificate, in writing, for or against such road, which shall be filed and recorded in each of the counties as hereinbefore provided for. And when it shall become necessary to establish a road on the line of any city, the board of commissioners of the county, together with three householders appointed by the corporate authorities of such city, shall act as a board of viewers, who shall proceed as directed herein to lay off a road of the width that may be agreed upon by said commissioners and said corporate authorities, half on the side of the city and the other half on the side of the county, or the county commissioners and the viewers appointed by the corporate authorities may act separately in laying off so much of said road as lies within their respective jurisdictions; and the certificate of said commissioners in regard to said road and the survey and plat of the same shall be filed and recorded as in other cases, and said road shall be opened in the manner hereinbefore provided for.
History: L. 1911, ch. 248, § 9; R.S. 1923, 68-109; L. 1961, ch. 299, § 3; June 30.
All persons required to render services under chapter 68 of the Kansas Statutes Annotated, and acts amendatory thereof or supplemental thereto, shall receive compensation for each day they shall necessarily be employed, as follows, to wit: On the part of the board of county commissioners while acting as viewers, the usual salary as a county commissioner and their actual expense in going to and returning from such view. Viewers, other than members of the board of county commissioners, chain carriers, flagmen, markers, and such other labor as may be necessary, shall receive the usual prevailing wages for such employees, as determined by the board of county commissioners. The payment of said services shall be charged as costs and expenses, and paid as other costs and expenses, on the order of the commissioners: Provided, That the surveyor shall be paid for his services in the manner prescribed by law.
History: L. 1911, ch. 248, § 10; R.S. 1923, 68-110; L. 1961, ch. 299, § 4; June 30.
History: L. 1913, ch. 266, § 1; R.S. 1923, 68-111; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1913, ch. 266, § 2; R.S. 1923, 68-112; Repealed, L. 1961, ch. 300, § 1; June 30.
The boards of county commissioners of counties along the state line may establish a road in the state of Kansas along such state line in the manner provided by law for the laying out of other public highways: Provided, That the portion of the road established and located on the Kansas side of the state line shall not exceed sixty (60) feet in width: Provided further, The adjacent state shall make provision for the establishing of its proportionate share of such road.
History: L. 1915, ch. 292, § 1; R.S. 1923, 68-113; L. 1961, ch. 299, § 5; June 30.
When it is found necessary to lay out, relocate, alter, widen or vacate a road or highway for the purpose of eliminating sharp turns or other dangerous places, or for the proper construction of a highway, or for the extension of a bridge or culvert, the board of county commissioners shall by order of said board lay out, relocate, alter or widen a public road and may vacate an existing road. All land required for the laying out, widening or altering of a road shall be acquired by the board of county commissioners by purchase, donation or, if the owner or owners of the land shall refuse to sell or donate said land, by exercise of the right of eminent domain pursuant to article 5 of chapter 26 of Kansas Statutes Annotated.
History: L. 1921, ch. 220, § 1; R.S. 1923, 68-114; L. 1976, ch. 293, § 1; July 1.
(a) Except as provided by subsection (b), it shall be the duty of each and every county engineer to open or cause to be opened all state and county roads and of each and every township trustee to open or cause to be opened all mail routes and township roads which have been or may hereafter be laid out or established through any part of the respective county or township. Notice of such action shall be given to the owner or owners, or their agent or agents, if residing in the county, or, if such owner is incapacitated, to the guardian of such person, if a resident of the county, through whose inclosed or cultivated lands such road is laid out or established. Such notice shall direct such property owners to open such road through their lands within 90 days after service of such notice. If the person or persons so notified do not open such road within the time stated in such notice, it shall be lawful and it is hereby made the duty of such county engineer on state and county roads and of such trustee on township roads and mail route roads to respectively enter upon such property and open such roads. If such notice is given between the March 1, and October 1, the notice shall designate the next following January 1, as the time of opening such road. And the county engineer or township trustee respectively shall keep the same in repair, and remove or cause to be removed all obstructions that may be found therein. The township trustee and the county engineer are hereby authorized to enter upon any land near or adjoining such public road, to dig and carry away any gravel, sand, stone, clay, gypsum or any other road-building material and to purchase any timber which may be necessary to improve or repair the road, and to enter upon any land adjoining or lying near such road, to make such drains or ditches through the same as the county engineer or township trustee deems necessary for the benefit of the roads, doing as little damage to the lands as the nature of the case and the public good will permit. The drains and ditches thus made shall be kept open if necessary by the township trustee or county engineer and shall not be obstructed by the owner or occupants of the land or by any other person, under the penalty of being fined not exceeding $10 for each offense.
The owner of any gravel, sand, stone, clay, gypsum or any other road-building material taken, or the owner of the land through which ditches or drains may be made, as herein provided, or the owner of the crops thereon, shall be allowed a fair and reasonable compensation for the material so taken or for any injuries the lands or crops may sustain in consequence of the making of such drains or ditches. The amount of such compensation shall be determined, allowed and paid by the highway commissioners in event such material is used upon a mail route or a township road, and determined, allowed and paid by the board of county commissioners of the county when such material is used upon a county or state road. Such claims shall be allowed and paid in the same manner as other ordinary claims against the county or township and the claimant shall have the same right of appeal as is now provided by law in other cases.
(b) If the owner of any property adjacent to or abutting a township road which has been laid out but not opened prior to the effective date of this act desires to have such road opened, it shall be the duty of such owner to open such road. Such property owner shall establish a maintainable road bed and drainage in accordance with the standards established by the township board pursuant to K.S.A. 68-115a. Thereafter, it shall be the duty of the township board to maintain such road as required by subsection (a).
If the owner of any property adjacent to or abutting a township road which has been opened prior to the effective date of this act, but such road has not been maintained by the township for at least 20 years or has not been regularly used by the general public and the owner desires to have the road maintained for general public use, it shall be the duty of such owner to establish a maintainable road bed and drainage in accordance with the standards established by the township board pursuant to K.S.A. 68-115a. Thereafter, it shall be the duty of the township board to maintain such road as required by subsection (a).
If there is a dispute between landowners regarding the location of a township road, the county engineer shall determine the location of the road.
History: L. 1911, ch. 248, § 11; R.S. 1923, 68-115; L. 1995, ch. 232, § 1; L. 1997, ch. 153, § 2; July 1.
The township board of each township may establish by resolution of the board minimum standards for road beds and road drainage.
History: L. 1995, ch. 232, § 2; May 4.
The width of all county roads shall be determined by the viewers at the time of establishing the same, and shall not be more than one hundred and twenty (120) nor less than sixty (60) feet and in cases where a growing hedge or permanent improvement on or near one side of the proposed road precludes the road being laid equally on both sides of the line, the viewers may establish all or any part of said road on the side of the section line not encumbered by such improvement. The board of county commissioners shall have authority to increase the prescribed width of any existing county road or highway in any county where such board of county commissioners deem it necessary for public safety, or proper construction of such road or highway, and shall have authority to lay out, establish and construct new county roads and highways in excess of the width prescribed in the preceding sentence where necessary for public safety, or for the proper construction of such road or highway.
History: L. 1911, ch. 248, § 12; R.S. 1923, 68-116; L. 1933, ch. 96, § 1 (Special Session); L. 1957, ch. 353, § 1; L. 1963, ch. 331, § 1; June 30.
Whenever the premises of any person shall be so completely surrounded by adjoining lands, the property of others or by such lands and water, as to be without access to any public highway, then such person may petition the board of county commissioners of the county in which such premises lie for a road, and one road only, through some portion of the adjoining lands. The petition shall set forth the use and purposes of such proposed road. Upon presentation of such petition, the commissioners shall proceed in accordance with the provisions of K.S.A. 68-101 to 68-110, both sections inclusive, and K.S.A. 68-115 and 68-116, to lay out such road, make returns of plats, and allow damages, if any should be held or allowed: Provided, Said road shall not be less than forty (40) feet nor more than one hundred (100) feet in width and shall be laid out upon the quarter or quarter-quarter section lines when practicable.
The said road when so ordered by the board of county commissioners shall be platted and recorded in the office of the register of deeds and shall become a public way, subject to restrictions contained in the petition: And provided further, That the owner or owners, their grantees, successors or assigns, of the land specifically benefited by the establishment of such public road, shall forthwith pay all expenses of establishing said road, including all damages, if any should be held or allowed and thereafter forever maintain and keep the same in repair and without any expense or liability to the township or other municipality in which such road is so laid out and established.
History: L. 1911, ch. 248, § 13; L. 1913, ch. 261, § 1; L. 1915, ch. 291, § 1; R.S. 1923, 68-117; L. 1961, ch. 299, § 6; L. 1967, ch. 352, § 1; July 1.
In all counties in which there is a township with a population of ten thousand or more outside of the limits of any incorporated city or town, applications for laying out roads, or for viewing, reviewing, widening or altering any road, shall be by petition to the board of county commissioners signed by the owners of not less than fifty percent of the land abutting that part of the road sought to be laid out, viewed, reviewed, widened or altered; and one or more of the signers of any petition presented as aforesaid shall enter into a bond with sufficient sureties payable to the state of Kansas for the use of the county, to be approved by the board of county commissioners, conditioned that the persons signing such bonds shall pay into the treasury of the county the amount of all costs and expenses accruing on said location, view, review, widening or alteration in case the proceedings had in pursuance of said petition shall not be finally confirmed and established; and on neglect or refusal of the persons so bound, after a liability shall have accrued, the county clerk of the county shall collect or cause to be collected such costs and expenses, and pay the same into the county treasury.
History: L. 1947, ch. 352, § 1; April 15.
Every such petition for laying out, widening or altering a road, shall contain a description of the boundary lines of the benefit district, within the limits hereinafter prescribed; any such benefit district may be diminished, but not increased in size, by either the board of county commissioners or by the district court on appeal. Such benefit district shall extend back not less than one hundred feet and not more than twelve hundred feet from either side of the proposed road: Provided, however, That if the land on either side of said proposed road be platted into lots or blocks, then the benefit district as to such platted land shall not extend more than one-half block, with a maximum distance of three hundred feet on the side or sides of the road where such land is so platted, and as to unplatted land, the benefit district shall in no case extend back a distance of more than twelve hundred feet from the side of the proposed road. If either the commissioners or the court on appeal find that the total amount of damages awarded exceeds the total amount of the benefits, then they shall dismiss the entire proceeding without prejudice; if they find the benefits equal to or in excess of the amount of damages awarded, they shall fix the limits of the benefit district embracing such real estate as they find to be especially benefited, within the limits hereinbefore prescribed, and shall proceed to assess benefits equal to the amount of the damages in the following manner:
(a) Such an amount as they shall determine shall be paid by the county;
(b) the remainder of the benefits shall be assessed against the land in the benefit district as established in the manner provided by this section in such amount and in such proportion against the various tracts of land, exclusive of improvements, as they find such tracts of land are benefited by the opening, altering or widening of such road.
It shall be the duty of the commissioners or viewers at the same time they make their certificate of view, if favorable, to make also a separate certificate in writing, stating the amount of the damages, if any, by them awarded and to whom, and at the same time submit a certificate showing the manner in which the damages are to be paid by the levying of benefits against the various tracts of land within the benefit district, which has been established by them in connection with, and as a part of such proceedings, and the manner of payment of such benefits. Such certificates of the commissioners or viewers shall contain the correct description of each part or parcel of private property taken, if any, and the value thereof, and of each piece of property damaged, and the amount of damages for which compensation is to be paid as ascertained by the viewers or commissioners as above provided.
In case a part of a tract of land is taken, for which damages are allowed, and benefits assessed against the remaining portion of such tract, then such part of the damages as may be necessary shall be applied to pay off and have discharged of record any taxes or mortgages on such condemned land, and the owner of said land may have the remainder of the damages, including damages to the remaining property, if any, offset against the benefits assessed against his remaining land in the benefit district, or so much thereof as may be required to pay such benefits in full. Benefits assessed may be paid in full without interest within thirty days from date of final determination of the amount thereof. If not paid within such period of time, then they may be paid in the same manner as are general taxes: Provided, That they be due in equal amounts over not to exceed five years, and that the unpaid portions thereof bear interest at not to exceed six percent per annum, payable annually, which manner of payment and rate of interest shall be fixed by the board of county commissioners.
The net amount of the damages to be paid to acquire such land so condemned shall be advanced by the county from its general fund, and it shall thereafter receive and collect benefits in the manner provided for above, and place the same with interest thereon to the credit of its general fund.
History: L. 1947, ch. 352, § 2; April 15.
The board of county commissioners shall set a day for a hearing in connection with the establishment of the benefit district, and the fixing of damages and benefits, which date of hearing shall be not less than three weeks subsequent to the date of fixing of such damages and benefits.
It shall thereupon be the duty of the county clerk to insert in the official county paper an appropriate notice of the time, place and purpose of such hearing, which notice shall appear in such official county paper at least twice, and the date of the last notice shall be at least three days before the date set for the hearing. The county clerk shall also mail to the owner of each tract of land for which damages have been allowed, or against which benefits have been assessed, a summarized copy of the proceedings insofar as the fixing of the benefit district, and of damages and benefits is concerned, and which notice shall also set forth the time and place and purpose of the hearing. This notice shall be mailed at least five days before the date of the hearing to all owners of land taken, or within the benefit district, as shown on the records in the office of the county treasurer at the last address given at the time of the payment of the taxes: Provided, however, That failure to receive said notice shall not affect the validity of any of these proceedings. Copies of said notice, with an affidavit or affidavits of service attached, shall be filed in the county clerk's office before the date of the final hearing.
Upon the date provided for above, there shall be a final hearing before the county commissioners or viewers, at which time said findings contained in said certificate of view shall be considered, and the final order entered in the record of the board of county commissioners, which may amend, modify, approve or disapprove the findings contained in the certificate of the commissioners or viewers. If no appeal to the district court is had within a period of ten days from the date of the final hearing as fixed by the county commissioners, then the award of damages and the assessment of benefits shall become final.
History: L. 1947, ch. 352, § 3; April 15.
Any person owning land within the benefit district, and feeling himself aggrieved by the orders made by the board of county commissioners, or viewers, including any order of dismissal by reason of total damages exceeding total benefits, may within ten days from the date of such final order by said board, appeal from the decision of said board of county commissioners, or viewers, to the district court, upon the same terms and in the same manner and with like effect, except as hereinafter provided, as in appeals from judgments of justices of the peace in civil cases.
Whenever such appeal is taken, whether by one or more parties in interest, no further action shall be taken by the board of county commissioners until such appeal shall have been finally determined, and the matters shall be tried de novo by the district court without the aid of a jury. No appeal bond or supersedeas bond shall be required. Within thirty days after such an appeal has been filed in the district court, the court or judge thereof shall appoint a board of three disinterested freeholders, residents of the county in which the action is pending, who shall view the land taken, award the damages and fix the boundaries of the benefit district within the limitations hereinbefore prescribed, and assess the benefits.
Before such appraisers begin their duties as such, each appraiser shall take and subscribe to an oath that he will fairly and honestly discharge his duties as such appraiser. Within thirty days after their appointment, unless the court for good cause shown shall extend the time therefor, said appraisers shall file with the court their report setting forth the amount of damages awarded for each tract of land taken, the boundaries of the benefit district, and the amounts to be assessed as benefits against the county and against each tract of land within the benefit district. Within ten days after such report is filed, the court shall fix a time for a hearing upon said report and any interested party may file his exceptions to said report before such hearing. The court or the judge thereof shall direct the clerk of the district court to give notice of the time of such hearing by a notice published for two consecutive weeks in the official county paper, the date of which hearing shall be not less than ten nor more than thirty days after the date of the last publication. At such hearing, the court shall hear such competent evidence and testimony as any interested party may offer in like manner as in the trial of civil cases.
Within twenty days after such hearing, the court shall enter judgment, which judgment shall provide that the costs incurred in such appeal including such appraisers' fees as the court may allow, shall be assessed in such manner as the court shall deem just and equitable. Within ten days after the entry of judgment, the clerk of the district court shall transmit to the county clerk a certified copy of such judgment.
History: L. 1947, ch. 352, § 4; April 15.
Each township trustee within his township is authorized to cause to be erected and kept up at the expense of the township, informational signs at the intersection of any roads under his supervision, containing an inscription in legible letters, directing the way and naming the distance to such cities as are situated on said road.
History: R.S. 1923, 68-118; L. 1961, ch. 299, § 7; June 30.
History: L. 1911, ch. 248, § 43; R.S. 1923, 68-119; Repealed, L. 1995, ch. 205, § 1; July 1.
History: L. 1911, ch. 248, § 52; R.S. 1923, 68-120; L. 1961, ch. 299, § 8; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
Revisor's Note: Later act, see chapter 68, article 21.
History: L. 1917, ch. 266, § 1; L. 1923, ch. 176, § 1; R.S. 1923, 68-121; L. 1949, ch. 342, § 1; Repealed, L. 1957, ch. 354, § 9; June 29.
Revisor's Note: Later act, see chapter 68, article 21.
History: L. 1917, ch. 266, § 2; L. 1923, ch. 176, § 2; R.S. 1923, 68-122; L. 1949, ch. 342, § 2; Repealed, L. 1957, ch. 354, § 9; June 29.
Revisor's Note: Later act, see chapter 68, article 21.
History: L. 1917, ch. 266, § 3; R.S. 1923, 68-123; Repealed, L. 1957, ch. 354, § 9; June 29.
Where under the laws of the state of Kansas, now in existence, or that may hereafter be enacted, any road or highway that is not a county road has been declared to be a public road or highway, it shall be the duty of the township board of the township in which such road is located to repair, place and keep in condition for travel such roads or highway. If such township board shall neglect, refuse or fail to comply with the provisions of this act, the board of county commissioners of the county may repair and put in good condition for travel such road or highway, and shall charge the expenses therefor to the township in which such road is located.
History: L. 1919, ch. 250, § 1; R.S. 1923, 68-124; L. 2003, ch. 115, § 1; July 1.
History: L. 1921, ch. 223, § 1; R.S. 1923, 68-125; Repealed, L. 1933, ch. 309, § 27; April 3.
The county commissioners of any county are hereby empowered, where lands are used largely as pasture lands and wherever in their judgment the convenience of the traveling public will not be materially affected thereby, to authorize and permit the construction and maintenance of fences across public highways under their jurisdiction. Wherever such fences are permitted the board of county commissioners shall require and it shall be the duty of the person constructing or maintaining such fences to construct and maintain therein sufficient gates to accommodate travel, which gates shall be either swinging on hinges or gates that may be opened by the driver of a vehicle without alighting therefrom, or the ordinary wire gate, as the county commissioners may require. The board may also require the owner or other person constructing or maintaining such fence to construct upon such road an auto gate sufficient to enable automobiles to pass over or through such fence upon such road without stopping, and sufficient also to prevent stock passing through said fence.
All orders allowing the construction of such fences and requiring the gates herein provided shall be entered upon the journal of the board of county commissioners. The said board may, in its discretion, order and direct that any gates shall remain open during certain portions of the year, the time to be fixed by said board, or in its discretion and where there is a reasonable necessity therefor and the convenience of the traveling public would not be materially affected thereby, it may order such gate or gates to be kept closed during the entire year.
History: L. 1911, ch. 248, § 38; L. 1915, ch. 289, § 1; L. 1919, ch. 248, § 1; R.S. 1923, 68-126; L. 1961, ch. 299, § 9; June 30.
Any person who shall injure or destroy, at any time, or who shall leave open any gate constructed under the provisions of K.S.A. 68-126, contrary to the intent and the purpose of said order, and at a time when by the terms of said order such gate or gates are to remain closed, shall be guilty of a misdemeanor and on conviction thereof, shall be fined in a sum not exceeding $100 and costs of prosecution.
History: L. 1911, ch. 248, § 39; L. 1915, ch. 289, § 2; March 27; R.S. 1923, 68-127.
History: L. 1923, ch. 179, § 1; R.S. 1923, 68-128; L. 1943, ch. 234, § 1; Repealed, L. 1961, ch. 299, § 30; June 30.
(a) Whenever by license or custom the public is permitted to travel through any pasture lands enclosed by fences, and the owner or owners of such land shall give their consent in writing to the designation and laying out of a road across such lands, the board of county commissioners may designate such road as a public highway. After such road has been regularly designated or laid out as a public road it shall be improved and maintained in the manner and by use of the funds now provided for improving and maintaining other public roads, and the municipality charged with the improvement and maintenance of such road may construct convenient auto gates or automobile passes, or both, and pay the cost of maintenance thereof out of road maintenance funds of such municipality.
(b) Where travel is through pasture lands lying west of range 15 west of the sixth principal meridian, the township board of any township or the county commissioners of any county in which any such pasture land is wholly or partially located may construct convenient auto gates or auto passes, or both, and pay the cost and maintenance thereof out of road funds without designating such road as a public highway; and upon petition signed by twenty (20) or more legal voters of a township asking the board for a road of convenience through pasture land, to be confined to section lines, the township board or county commissioners, as the case may be, may construct and maintain necessary auto gates or passes.
Any user of such a road shall be personally liable for any damages to livestock caused by him while traveling such road, and no liability shall be incurred by the county, township, or landowner.
History: L. 1929, ch. 231, § 1; L. 1961, ch. 299, § 10; June 30.
History: L. 1929, ch. 231, § 2; Repealed, L. 1961, ch. 299, § 30; June 30.
History: L. 1911, ch. 248, §§ 50, 51; R.S. 1923, 68-129, 68-130; Repealed, L. 1961, ch. 300, § 1; June 30.
(a) It shall be lawful for the township board of any township to establish and maintain a sidewalk not more than five feet in width in and along the outer edge of any highway or across the same whenever a petition for such sidewalk or crossing is signed by the resident owners representing 51% or more of the property abutting upon the improvement sought to be made, and when such petition is filed with the clerk of the township board, the township board shall cause such improvement to be made and shall contract therefor and shall levy a tax for the actual cost of such improvement against the lots, parcels or pieces of land abutting upon such improvement on the front-foot basis, and the clerk of the township board shall certify the amount so levied against each lot, parcel or piece of land for such improvement to the county clerk, who shall place the same upon the assessment rolls and such tax shall be collected in the same manner as other taxes. The owner of any lot, parcel or piece of land liable to any such special assessment may redeem such owner's property from such liability by paying the entire amount chargeable against such owner's property at the time the amount of such tax is ascertained or after the issuance of the sidewalk scrip by paying the full amount of such special assessment represented by such scrip, together with the accrued interest.
(b) The owners shall designate in their petitions the width and kind of sidewalks, and the board shall determine the plans and specifications and material for such improvement in accordance with such petitions, and shall issue scrip to contractors for the payment of the same for five years with interest at the rate of not to exceed 5%, ⅕ of such scrip and interest payable each year. Resident owners in this act shall be considered residents of the township wherein the improvement is sought to be made.
History: L. 1919, ch. 313, § 1; L. 2011, ch. 49, § 26; July 1.
All contracts for such improvements costing more than $100 shall be in writing. At least twenty (20) days before the township board shall let any contract for such improvement, they shall cause accurate plans and complete specifications therefor, together with a detailed estimate under oath of the cost of such improvement, to be made by some competent persons and filed with the clerk of the township board, for the inspection of all persons interested therein.
The township board shall advertise for bids to do such work in accordance with such plans and specifications in a newspaper in general circulation in the county where such improvement is sought to be made at least ten days before the letting. All bids shall be in writing and signed by the bidder and presented to the township board by the bidder, his agent or attorney, at a public meeting thereof, and all bids shall be considered and accepted or rejected at such meeting. The contract shall be let to the lowest responsible bidder, but the township board may reject any and all bids and shall not accept a bid in excess of the estimated cost of such improvement. The township board shall require the successful bidder to furnish a bond in equal amount of the cost of the improvement for the full and faithful performance of the contract, and another bond running to the people of the state of Kansas, conditioned for the payment of wages earned and material furnished in the performance of the contract. Said bond shall be for the full amount of said contract and shall be filed with the clerk of the district court of the county in which said township is situated.
The township board shall select a competent inspector, who shall inspect and see that said work is being done in accordance with the plans and specifications; said inspector shall receive for his services the sum of three dollars ($3) per day to be taxed as costs for such improvement and said cost shall be included in the bids of the contractors.
History: L. 1919, ch. 313, § 2; June 17; R.S. 1923, 68-132.
No suit or action of any kind shall be maintained in any court to set aside or in any way contest or enjoin or levy or collect any tax or special assessment levied under the provisions of this act after the expiration of thirty (30) days from the time of the levy of such tax or assessment.
History: L. 1919, ch. 313, § 3; June 17; R.S. 1923, 68-133.
Any person who shall remove or ride or drive upon any portion of said sidewalk constructed in accordance with this act, except at regular driveways, shall upon conviction thereof be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed twenty-five dollars ($25).
History: L. 1919, ch. 313, § 4; June 17; R.S. 1923, 68-134.
History: L. 1911, ch. 248, § 46; R.S. 1923, 68-135; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1911, ch. 248, § 47; R.S. 1923, 68-136; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1921, ch. 222, § 1; R.S. 1923, 68-137; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1921, ch. 222, § 2; R.S. 1923, 68-138; L. 1975, ch. 427, § 72; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1913, ch. 264, §§ 1, 2; R.S. 1923, 68-139, 68-140; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1913, ch. 264, § 3; R.S. 1923, 68-141; Repealed, L. 1933, ch. 235, § 4; June 5.
No board of county commissioners or board of township trustees shall rent or hire county or township machinery and equipment to residents of the county or township or to any other person for private use, except that any such board may rent or hire such machinery and equipment for private use for road clearing purposes and may make reasonable charges therefor. The board of county commissioners in any county in the state is hereby authorized to rent or hire county machinery or equipment to any township or city located in the county. The township trustees in any township of the state is hereby authorized to rent or hire township machinery or equipment to the county or any city in the county where such township is located.
History: L. 1933, ch. 235, § 1; L. 1933, ch. 91, § 1 (Special Session); L. 1977, ch. 228, § 1; July 1.
Any machinery or equipment requiring an experienced operator shall be rented or hired only under the supervision of an experienced employee of the county or township. It shall be hired or rented only at such times as it is not being used by the county or township in its own work. The charges for the use of said machinery or equipment shall be sufficient to defray the expense of the county or township employee operating said machinery or equipment, and the cost of operating said machinery or equipment, together with any charges for additional insurance that the county or township may be called upon to pay for the additional liability assumed. The charges shall be the same to all persons for the use of said machinery and equipment under similar circumstances.
History: L. 1933, ch. 235, § 2; June 5.
The revenue derived by the county or township from the rentals shall be placed in the road-maintenance fund of the county or township.
History: L. 1933, ch. 235, § 3; June 5.
History: L. 1941, ch. 315, §§ 1, 2; Repealed, L. 1947, ch. 338, § 1; June 30.
As used in this act, the following terms shall have the meaning ascribed to them by this section unless the context otherwise requires.
(1) "Municipality" means any city or county and any township which is not located in a county operating under the county road unit system.
(2) "Governing body" as applied to a county, means the board of county commissioners; as applied to a township means the township trustee, the township treasurer and the township clerk acting as a board; and as applied to a city means the governing body of such city regardless of the form of government of such city.
History: L. 1941, ch. 316, § 1; April 12.
The governing body of any municipality by resolution is hereby authorized and empowered to transfer, annually, from the road, bridge or street fund of such municipality not to exceed twenty-five percent (25%) of the amount of money credited to any such fund, and subject to legal expenditure, in such year to a special road, bridge or street building machinery, equipment and bridge building fund.
Upon the adoption of such resolution, a copy thereof shall be delivered to the treasurer of such municipality and he shall credit the amount provided in such resolution to such special fund and shall debit the road, bridge or street fund as the case may be. All moneys credited to such special fund shall be used by such municipalities for the purpose of purchasing road, bridge or street building machinery or equipment or the building of bridges and such fund shall not be subject to the provisions of K.S.A. 79-2925 to 79-2937 or acts amendatory thereof or supplemental thereto, except that in making the budgets of such municipalities the amounts credited to, and the amount on hand in, such special fund and the amount expended therefrom shall be shown thereon for the information of the taxpayers of such municipalities.
If the governing body of any municipality shall determine that money which has been transferred to such special fund or any part thereof is not needed for the purposes for which so transferred, said governing body is hereby authorized and empowered by resolution to retransfer such amount not needed to the road, bridge or street fund of such municipality and such retransfer and expenditure thereof shall be subject to the provisions of K.S.A. 79-2925 to 79-2937 or acts amendatory thereof or supplemental thereto.
History: L. 1941, ch. 316, § 2; L. 1951, ch. 375, § 1; June 30.
History: L. 1917, ch. 81, §§ 1 to 3; R.S. 1923, 68-142 to 68-144; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1911, ch. 256, §§ 1, 2; R.S. 1923, 68-145, 68-146; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1911, ch. 248, § 54; R.S. 1923, 68-147; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1915, ch. 294, § 1; R.S. 1923, 68-148; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1921, ch. 224, § 1; R.S. 1923, 68-149; Repealed, L. 1947, ch. 338, § 1; June 30.
History: L. 1923, ch. 178, § 1; R.S. 1923, 68-150; Repealed, L. 1929, ch. 225, § 22; April 1.
Laws 1919, chapter 254, section 1, included by reference. [Act vacated part of section line public road therein described.]
History: R.S. 1923, 68-151.
The board of county commissioners of any county may vacate any county or township road located within the boundaries of, or adjacent to, a federal flood control project, excepting state highways, whenever in its judgment it is necessary and may relocate, lay out or alter such roads within such county. Before any such roads are vacated, relocated, laid out or altered, the board of county commissioners shall give notice of same by publication for once in the official county newspaper and by sending notice by certified mail to the owners of the property adjoining the road proposed to be vacated, at the address where the owner's tax statement is sent. The notice shall contain a description of the places where such vacation, relocation, laying out or altering begins and ends. Publication of the notice shall be made at least 10 days before the road is vacated, relocated, laid out or altered.
History: L. 1941, ch. 313, § 1; L. 1947, ch. 339, § 1; L. 1981, ch. 173, § 68; July 1.
History: L. 1941, ch. 313, § 2; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1941, ch. 313, § 3; L. 1963, ch. 234, § 84; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1941, ch. 313, §§ 4, 5; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1943, ch. 247, § 1; L. 1957, ch. 355, § 1; L. 1970, ch. 64, § 77; L. 1978, ch. 99, § 33; Repealed, L. 1996, ch. 63, § 1; July 1.
The board of county commissioners of any county having a total assessed tangible valuation of less than fifty million dollars ($50,000,000) is hereby authorized and empowered, upon compliance with all the provisions of this act, to issue general obligation bonds of such county in a total amount not exceeding an amount equal to two percent (2%) of the total assessed tangible valuation of such county for the purpose of providing funds to pay the cost of constructing, reconstructing, repairing, altering and improving county roads and bridges including engineering costs in connection therewith.
No bonds shall be issued under the provisions of this act unless and until the question of the issuance of the same, including the total amount thereof, shall have been submitted to the qualified electors of such county at a regular election or at a special election called for that purpose and at least a majority of the legal votes cast at such election shall have been cast in favor of the issuance thereof.
All bonds issued under the provision of this act, shall be serial bonds, payable in approximately equal annual installments over a period of not to exceed thirty (30) years, and shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009 and the board of county commissioners shall make an annual tax levy on all the taxable tangible property in such county to pay the principal and interest on said bonds as the same becomes due and payable. Such election shall be called, held and conducted and the bonds issued, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise expressly provided.
History: L. 1945, ch. 276, § 1; L. 1970, ch. 64, § 78; L. 1973, ch. 263, § 1; L. 1978, ch. 99, § 34; April 25.
All moneys derived from such bond issue shall be expended only for the purposes specified in K.S.A. 68-151g on county roads in each county commissioner district in the same proportion as the total miles of county roads in such county commissioner district bears to the total number of miles of county roads in the entire county.
History: L. 1945, ch. 276, § 2; June 28.
None of the restrictions or limitations contained in any other law relating to the bonded indebtedness of any county shall apply to bonds issued under the provisions of this act.
History: L. 1945, ch. 276, § 3; June 28.
The board of county commissioners of any such county may receive and use and have the benefit of any federal or state aid in so constructing and reconstructing such roads and bridges on the county road system.
History: L. 1945, ch. 276, § 4; June 28.
History: L. 1951, ch. 376, § 1; L. 1957, ch. 356, § 1; L. 1963, ch. 234, § 85; L. 1975, ch. 427, § 73; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1951, ch. 376, § 2; Repealed, L. 2003, ch. 115, § 4; July 1.
As used in this act:
(a) "Board" means the board of county commissioners of counties such as defined in subsection (b) hereof;
(b) "county" means any county in which there is located any land which has been or is to be inundated as a result of the construction of any dam or reservoir by the federal government or in which there is any land which is within the "take line" of any such reservoir, and in which as a result of such construction any county road or bridge has been or is to be abandoned or relocated or is to be constructed or reconstructed on the same or another site or right of way;
(c) "federal government" shall mean the government of the United States or any agency, department or officer thereof.
History: L. 1959, ch. 269, § 1; March 30.
The board of any such county may issue no-fund warrants without the approval of the state board of tax appeals, to provide additional funds to be used to pay a part of the cost of the relocation, construction, reconstruction and improvement of or the acquisition of a site or right-of-way for any road or bridge which is necessitated by the construction of any dam or reservoir by the federal government and part of the total cost of which is to be paid or reimbursed by the federal government. The total amount of such warrants shall not exceed the sum of $150,000. Such warrants shall be in the form and be issued, registered, bear interest and may be sold in the manner provided and all other things relating thereto done as prescribed in K.S.A. 79-2940, and amendments thereto, except as herein otherwise expressly provided and except that they shall not bear the notation required by said section, but in lieu thereof they shall bear the notation "issued pursuant to authority granted by (giving a citation of this act)."
At the next tax levying time after the issuance of such warrants such board shall make a tax levy sufficient to pay the warrants and the interest thereon, except that if the board determines it to be advisable, said warrants may be issued to mature in two approximately equal annual installments and in such cases, such tax levy may be made each year for a period of not to exceed two years. The tax levies herein authorized shall be in addition to all other tax levies authorized or limited by law and shall not be subject to the aggregate tax levy limit prescribed by K.S.A. 79-1947, and amendments thereto, or that may be fixed by any other law of this state.
History: L. 1959, ch. 269, § 2; L. 2008, ch. 109, § 59; L. 2014, ch. 141, § 53; July 1.
The board of county commissioners of any county having used materials or current operating funds in connection with or to pay all, or any part of, the cost of any road or bridge project, all or any portion of which, is to be reimbursed, may expend the moneys so received as a reimbursement for the same purposes for which the reimbursed funds or materials were originally budgeted or intended if such expenditures are made in the same budget year or the next budget year after the budget year when such materials or current operating funds were so used even though so doing would result in greater expenditures for such purposes than were included in the county budget for the period when such expenditures are made.
History: L. 1959, ch. 270, § 1; March 27.
The state of Kansas hereby accepts exclusive jurisdiction over certain highways bordering Fort Leavenworth military reservation and the United States penitentiary at Leavenworth which are retroceded to the state of Kansas as set forth in public law 88-501 of the United States, and described as follows:
"A strip of land one hundred feet in width along the southern boundary of the Fort Leavenworth military reservation and along the southern boundary of the Leavenworth penitentiary lands being that portion of the Fort Leavenworth military reservation donated for exclusive use as a public road by act of congress approved July 27, 1868 (15 Stat. 238), which remains United States government property, being a part of state highways numbered 92 and 7, the highway numbered United States 73, and the public road known as Mount Zion road;
"Also, a strip of land one hundred feet in width being fifty feet on each side of the centerline of the highway numbered United States 73 and state highway numbered 7 extending from the north boundary of the above described one hundred-foot strip northwesterly to the point of intersection of the centerline of said highway with the westerly boundary of said Fort Leavenworth military reservation;
"Also, that portion of the right-of-way of the public road known as Mount Zion road which extends in a northwesterly direction along the southwesterly boundary of the Leavenworth penitentiary lands."
History: L. 1965, ch. 399, § 1; March 18.
History: L. 1933, ch. 236, § 1; L. 1933, ch. 92, § 1 (Special Session); Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 2; L. 1933, ch. 92, § 2 (Special Session); Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 3; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 4; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 5; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 6; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, §§ 7, 8; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 9; L. 1933, ch. 93, § 1 (Special Session); Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1931, ch. 244, § 10; Repealed, L. 1933, ch. 236, § 11; June 5; L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 10; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1929, ch. 84, § 2; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1929, ch. 84, § 3; L. 1931, ch. 245, § 1; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1929, ch. 84, § 4; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1929, ch. 84, § 5; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1929, ch. 84, §§ 6, 7; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1947, ch. 348, §§ 1, 2; Repealed, L. 2003, ch. 115, § 4; July 1.
The board of county commissioners of any county may provide for the electrical lighting of any county, township, state or federal road or highway or any bridge on such road or highway in the manner provided by this act.
History: L. 1947, ch. 349, § 1; June 30.
In order to provide for such lighting of any such road, highway or bridge, the board of county commissioners of any county:
(1) May contract for a period covering not more than fifteen years with any privately or municipally owned utility or electric cooperative corporation to provide the necessary poles, wire, fixtures and appurtenances at the expense of said utility or cooperative corporation and to furnish the electrical energy and lamps necessary to operate and maintain the lighting system, such contract to be upon such terms as said board shall deem to be reasonable and just;
(2) may purchase the necessary materials and equipment and employ any person, firm or corporation to install any such lighting system or may contract with any person, firm or corporation to provide the necessary materials and equipment for the lighting system and to install the same;
(3) may enter into contracts with any electrical utility to furnish electrical energy to maintain the lighting system and lamps to operate the same.
History: L. 1947, ch. 349, § 2; June 30.
History: L. 1947, ch. 349, § 3; Repealed, L. 2002, ch. 9, § 1; July 1.
No such lighting system or lighting service shall be commenced, contracted for or installed on any state or federal highway or any bridge thereon until all plans and specifications therefor have been submitted to and approved by the secretary of transportation.
History: L. 1947, ch. 349, § 4; L. 1975, ch. 427, § 74; August 15.
No liability shall accrue to the secretary of transportation upon any claim whatsoever arising out of the construction or operation of any lighting system or service established, constructed or operated under the authority conferred by this act.
History: L. 1947, ch. 349, § 5; L. 1975, ch. 427, § 75; August 15.
History: L. 1947, ch. 349, § 6; L. 1970, ch. 100, § 42; L. 1979, ch. 52, § 163; L. 1999, ch. 154, § 43; Repealed, L. 2003, ch. 115, § 4; July 1.
It shall be unlawful for any person, corporation, firm or association to install, construct, erect, maintain or operate within fifty (50) feet of the right of way of any federal, state or federal and state highway or any turnpike project a flashing or revolving sign, light or reflector which is red or amber in color when lighted or when light rays are focused on it: Provided, That the provisions of this section shall not apply to signs, lights or reflectors:
(a) Which were installed, constructed or erected prior to July 1, 1957; or
(b) which are placed on any road, street, highway or public right of way or, any detour thereof, in accordance with or as required by law.
History: L. 1957, ch. 223, § 1; July 1.
Any person, corporation, firm or association violating any of the provisions of K.S.A. 68-167 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty (30) days or by both such fine and imprisonment.
History: L. 1957, ch. 223, § 2; July 1.
Any county, city or political subdivision of this state shall have the authority to enter into written agreements with each other or with the secretary of transportation with respect to the planning, designing, financing, constructing, reconstructing, maintaining, acquiring of right-of-way or establishing the controlled access facilities of any existing or proposed highway, road, street or connecting link, including bridges, traffic control devices and other such improvements located thereon. Expenditures made pursuant to such agreements shall be considered proper expenditures of public funds, including state funds, notwithstanding the location of such improvement or facility outside the boundary or jurisdiction of such county, city or political subdivision. This section shall not be construed as amending or repealing any existing law relating to the same subject but shall be construed as supplementary thereto.
History: L. 1957, ch. 357, § 5; L. 1965, ch. 393, § 1; L. 1975, ch. 349, § 1; L. 1975, ch. 427, § 76; L. 1980, ch. 204, § 1; April 3.
As used in this act, the term "state agency" means any state office or officer, department, board, commission, institution, or any agency or unit within any office, department or board, authorized to provide for the construction, improvement, reconstruction or maintenance of roads, streets or bridges on lands owned by the state or an agency thereof.
History: L. 1959, ch. 271, § 1; June 30.
The secretary of transportation and any state agency authorized by law to provide for the construction, improvement, reconstruction or maintenance of streets, roads or bridges, are hereby authorized to enter into agreements whereby the secretary shall agree to construct, improve, reconstruct or maintain roads, streets or bridges on lands owned by the state or the state agency for such amounts as shall be agreed to by such secretary and the state agency.
History: L. 1959, ch. 271, § 2; L. 1975, ch. 427, § 77; August 15.
The state agency is authorized to expend available moneys for construction, improvement, reconstruction or maintenance of roads, streets or bridges, in accordance with the terms of any agreement entered into under the provisions of this act.
History: L. 1959, ch. 271, § 3; June 30.
All moneys collected by the secretary of transportation pursuant to the terms of an agreement entered into in accordance with the provisions of this act 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 state highway fund.
History: L. 1959, ch. 271, § 4; L. 1975, ch. 427, § 78; L. 2001, ch. 5, § 277; July 1.
Revisor's Note: Later act, see 58-3501 through 58-3506.
History: L. 1972, ch. 244, §§ 1 to 5; Repealed, L. 1973, ch. 228, § 7; April 2.
History: L. 1972, ch. 288, § 1; Repealed, L. 1973, ch. 228, § 7; April 2.
History: L. 1972, ch. 243, §§ 1, 2; Repealed, L. 1973, ch. 228, § 7; April 2.
Where land or an easement or other interest in land for highway, road or street purposes is acquired by any county or city by purchase, and such county or city so acquiring the same is entitled to be reimbursed by the secretary of transportation for the full purchase price thereof, the secretary may with the approval of such county or city pay the amount to be paid for such land, easement or other interest in such land direct to the seller or sellers thereof.
History: L. 1973, ch. 264, § 1; L. 1975, ch. 427, § 79; August 15.
The term "by purchase" as used in this act shall not include land, or an easement or other interest in land acquired by eminent domain proceedings.
History: L. 1973, ch. 264, § 2; April 6.
(a) No person shall allow the sprinkling of water from any irrigation watering system upon any state, county or township road or highway within this state.
(b) Any sprinkling of water on roads or highways, as provided in subsection (a), is hereby declared to be a public nuisance, and it shall be the duty of the county attorney or district attorney of each county of this state, upon receiving notice of such nuisance from any person, to initiate injunctive remedies, if necessary, to prevent the occurrence of any such public nuisance.
(c) Prior to seeking injunctive relief, as hereinbefore provided, the county attorney or district attorney of any county in which there exists such public nuisance shall notify or cause to be notified, the owner, occupant or person in charge of land on which the irrigation system causing a public nuisance is located that such person is maintaining a nuisance and that injunctive relief will be sought if such nuisance is not otherwise abated.
History: L. 1976, ch. 222, § 1; July 1.
History: L. 2018, ch. 113, § 1; Expired, June 30, 2019.
History: L. 1911, ch. 248, § 36; L. 1917, ch. 267, § 1; R.S. 1923, 68-201; Repealed, L. 1933, ch. 237, § 1; February 11.
History: R.S. 1923, 68-301; L. 1947, ch. 340, § 1; Repealed, L. 1979, ch. 186, § 33; July 1.
The assent of the legislature is hereby given to the provisions and requirements of the act of congress known as the federal-aid road act, approved July 11, 1916, entitled "An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes." The legislature likewise assents to all subsequent federal-aid acts, federal highway acts, federal-aid highway acts and the federal aid highway act of 1956 and all acts amendatory thereof or supplemental thereto.
History: L. 1917, ch. 264, § 1; R.S. 1923, 68-401; L. 1925, ch. 210, § 1; L. 1949, ch. 343, § 1; L. 1957, ch. 357, § 1; July 1.
The secretary of transportation may enter into all contracts and agreements necessary to cooperate with the United States department of transportation or any of the other federal departments or agencies and may do and perform all acts required of a state agency to obtain all benefits under the terms and provisions of federal legislation mentioned in the preceding section or any subsequent federal legislation relating to highways, roads or streets or relating to the various other modes and systems of transportation. The state treasurer shall receive and deposit in the state treasury all funds apportioned to the state or any county, city or political subdivision thereof in accordance with the provisions of any federal legislation for highway, road or street purposes or for purposes relating to the various other modes and systems of transportation. Such funds shall be distributed by the director of accounts and reports upon vouchers approved by the secretary of transportation in accordance with such federal legislation and in accordance with appropriation acts of this state.
History: L. 1917, ch. 264, § 2; R.S. 1923, 68-402; L. 1925, ch. 210, § 2; L. 1949, ch. 343, § 2; L. 1957, ch. 357, § 2; L. 1975, ch. 426, § 52; August 15.
History: L. 1935, ch. 269, § 1; Repealed, L. 1949, ch. 343, § 6; July 1.
(a) Authority is hereby granted to counties, cities and political subdivisions in this state to enter into contracts through or with the secretary of transportation, to enable the state and such counties, cities and political subdivisions to participate in the benefits to be secured from federal-aid funds, or funds made available from the federal government for highway, road or street purposes or for purposes relating to the various other modes and systems of transportation. Contracts so entered into by the boards of county commissioners or the governing bodies of cities or other political subdivisions shall be binding on them or their successors. The secretary of transportation may negotiate and enter into contracts with the federal government, federal departments or federal agencies and take all steps and proceedings necessary to secure such benefits for such counties, cities or other political subdivisions.
The secretary of transportation may determine amounts to be paid from the state highway fund on account of any federal-aid project on the highway system in any county, city or other political subdivision constructed under the provisions of the federal-aid highway act of 1956, or prior federal-aid acts, and all acts amendatory thereof or supplemental thereto, or relating to the various other modes and systems of transportation, and approve vouchers therefor. The counties' share of the cost of all such contracts so entered into by them under the federal-aid highway act of 1956, or prior federal aid acts, and all acts amendatory thereof or supplemental thereto, and federal acts relating to other modes and systems of transportation shall be paid by the proper county from the road and bridge fund of such county, or from any special fund available for such purpose.
Federal aid for county major collector roads or other federal aid classified routes shall be allocated by the secretary of transportation to each of the several counties in the proportion that the total gross amount of moneys received by each county from the special city and county highway fund and the county equalization and adjustment fund in the preceding calendar year prior to distribution of any such moneys bears to the total amount of moneys received by all counties from such fund in such year. If any county does not provide matching funds for federal aid allocated to such county, then the secretary of transportation may allocate such federal-aid funds to other counties or to the state highway system, and the secretary may accumulate any federal-aid moneys allocated to any or all counties over such period of time as the secretary deems necessary. Also the secretary may allow an advanced allocation of federal-aid funds to any county which establishes a need for additional federal-aid funds. Any such advanced allocation shall be made from accumulated federal-aid funds. Such federal-aid advanced allocations shall be credited back to such accumulated federal-aid funds if, or when, federal-aid funds are subsequently allocated to the counties that have received such advance allocations.
(b) In addition to the powers granted by subsection (a), the secretary may negotiate and enter into contracts with the federal government, federal departments, federal agencies or any other entity and may pledge any federal aid funds or other funds made available from the federal government for that or any other highway, road or street purposes within the state to repay funds which were advanced by counties, cities or political subdivisions of this state for highway, road or street purposes pursuant to the approval of the secretary of transportation.
History: L. 1937, ch. 287, § 1; L. 1949, ch. 343, § 3; L. 1951, ch. 377, § 1; L. 1957, ch. 357, § 3; L. 1970, ch. 397, § 3; L. 1970, ch. 398, § 1; L. 1975, ch. 426, § 53; L. 1981, ch. 262, § 1; L. 1983, ch. 227, § 6; L. 1985, ch. 232, § 4; L. 2005, ch. 84, § 3; L. 2006, ch. 76, § 2; July 1.
The limitation on the amount of high type pavement which may be constructed in any one year by the secretary of transportation, as provided in K.S.A. 68-416, and acts amendatory thereof or supplemental thereto, shall not apply to pavement constructed from funds received from the federal government under any federal-aid legislation relating to highways, roads or streets.
History: L. 1949, ch. 343, § 4; L. 1957, ch. 357, § 4; L. 1975, ch. 427, § 80; August 15.
History: L. 1949, ch. 343, § 5; Repealed, L. 1957, ch. 357, § 6; July 1.
History: L. 1965, ch. 398, § 1; L. 1975, ch. 427, § 81; Repealed, L. 1999, ch. 137, § 42; July 1.
Whenever any federal act or the regulation by any federal agency shall require that the secretary of transportation shall perform engineering services in connection with a federal aid project pertaining to the construction or reconstruction of any county road or bridge, the secretary shall not charge the county a fee for such engineering services which exceeds an amount equal to 10% of the county's share of the construction cost of such project.
History: L. 2001, ch. 117, § 2; July 1.
History: L. 1917, ch. 264, § 3; R.S. 1923, 68-403; Repealed, L. 1927, ch. 249, § 1; March 17.
The secretary of transportation shall have the following powers, duties, authority and jurisdiction:
(a) General supervision over the administration of all road and bridge laws and over the construction and maintenance of all roads, bridges and culverts throughout the state, except that such supervision by the secretary shall not extend to township roads, except that any township road for which federal aid is granted shall be under the supervision of the secretary;
(b) to compile information concerning the road, bridge and culvert materials of the state and furnish such information to boards of county commissioners, township highway commissioners, county engineers and other highway officials; the secretary shall answer all inquiries of such officials concerning highway construction and maintenance and shall advise them of the reasonable prices for materials and construction work;
(c) devise and adopt standard plans and specifications for road, bridge and culvert construction and maintenance suited to the needs of the different counties of the state and furnish them to county engineers;
(d) make a biennial report for the use of the legislature and may issue bulletins and pamphlets, which shall be printed as public documents;
(e) carry on such other highway educational work, and may cooperate with the state and national organizations for the support and advancement of highway construction;
(f) may make investigations of the highway conditions in any county, assist boards of county commissioners and the attorney general in the prosecution or defense of patent suits relative to road and bridge construction when so requested, and the secretary shall report any violations of the law to the attorney general who shall take such steps as are necessary regarding such violations;
(g) to enter upon any property to make surveys, examinations, investigations, and tests, and to acquire other necessary and relevant data in contemplation of (1) establishing the location of a road, street or highway; (2) acquiring land, property, and road building materials; or (3) performing other operations incident to highway construction, reconstruction or maintenance. Prior to entering upon any such property the secretary shall first request permission of the landowner to do so. Where consent to do the things authorized in this subsection (g) is not given to the secretary by the owner or occupant of the land involved, the secretary may proceed as authorized after giving 10 days written notice to landowner or occupant of the secretary's intention to conduct such surveys, examinations, investigations and tests. Entry upon any property, pursuant to this subsection, shall not be considered to be a legal trespass and no damages shall be recoverable on that account alone. In case of any actual or demonstrable damages to the premises, the secretary shall pay the owner of the premises the amount of the damages. Upon failure of the landowner and such secretary to agree upon the amount of damages the landowner may file an action against the secretary in the district court of the county in which the land is situated to recover such damages;
(h) to make tests, do research, to inspect and test all materials, supplies, equipment, and machinery used for state highway purposes or highway projects involving federal funds, and to develop methods and procedures for this purpose. Tests of such materials, supplies or equipment may be made available, upon payment of actual costs therefor, to any federal agency or political subdivision of the state;
(i) to maintain and develop testing laboratories to carry out the requirements of this act;
(j) to perform such other acts and duties and exercise such authority as will give the provisions of this act and other laws relating to the secretary or department of transportation full force and effect;
(k) to adopt rules and regulations to carry out the provisions of this act and any other laws relating to the secretary or department of transportation;
(l) to adopt rules and regulations relating to debarment and suspension of contractors for cause; and
(m) to prepare a report and make a presentation to the legislature as required by K.S.A. 75-3516 and amendments thereto.
History: L. 1917, ch. 264, § 6; R.S. 1923, 68-404; L. 1961, ch. 301, § 1; L. 1975, ch. 427, § 82; L. 1982, ch. 279, § 1; L. 2001, ch. 153, § 2; July 1.
The secretary of transportation is hereby authorized and empowered to expend funds from the highway fund for the purpose of maintaining, by and with the consent of the appropriate agencies of the federal government, roads and highways marked by it as state or federal routes, which roads and highways traverse any federal reservation or other federal property. The secretary is further authorized to expend highway funds to construct a highway not exceeding three (3) miles in length through a military reservation, when such construction is required to complete a link in the interstate highway system, and after the appropriate agencies of the federal government has granted a right-of-way or easement to the secretary across such military reservation and said highway shall be considered as a part of the state highway system for all purposes, except that of computing the total mileage upon the state highway system. No other such roads and highways shall be considered as a part of the state highway system, or be considered in computing the total mileage upon the state highway system.
History: L. 1937, ch. 290, § 1; L. 1951, ch. 378, § 1; L. 1975, ch. 427, § 83; August 15.
The secretary of transportation is hereby authorized to negotiate with the United States army and any other appropriate federal authorities to obtain consent to construct and maintain one or more detention dams on the Fort Riley military reservation. Such dams may be constructed and maintained by the state from funds of the state highway fund together with any federal, state or local funds which can be obtained for such purpose. If the secretary of transportation determines that such dams should be constructed, such dams may be constructed and maintained to protect the city of Ogden from flood waters flowing in streams tributary to the Kansas river whose flow is or has been obstructed or redirected by improvements to highways in the vicinity of Ogden.
History: L. 1983, ch. 226, § 1; July 1.
It is hereby made the duty of the boards of county commissioners, county clerks, county engineers and the members of the township boards of highway commissioners, to furnish detailed information concerning the roads, bridges and culverts under their control, to the secretary of transportation upon the secretary's written request and upon the blank forms supplied by the secretary, and boards of county commissioners are hereby authorized to enter into all contracts and agreements with the secretary as required by the federal aid act.
History: L. 1917, ch. 264, § 7; R.S. 1923, 68-405; L. 1975, ch. 427, § 84; August 15.
(a) The secretary of transportation shall designate, adopt and establish and may lay out, open, relocate, alter, vacate, remove, redesignate and reestablish highways in every county in the state, the total mileage of which shall not exceed 10,000 miles. The total mileage of such highways in each county shall be not less than the sum of the north to south and east to west diameters of the county. The highways so designated shall connect the county seats and principal cities and market centers, and all such highways, including bridges and culverts thereon, shall comprise the state highway system. The secretary of transportation shall make such revisions, classifications or reclassifications in the state highway system as are found on the basis of engineering and traffic study to be necessary, and such revisions, classifications or reclassifications may include, after due public hearing, removal from the system of roads that have little or no statewide significance, and the addition of roads that have statewide importance and will provide relief for traffic congestion on existing routes on the system. All roads that have been placed upon the state highway system shall be a part of the state highway system, but changes may be made in the state highway system when the public safety, convenience, economy, classification or reclassification requires such change. The total mileage of the state highway system shall not be extended except by act of the legislature. Highways designated under this section shall be state highways, and all other highways outside of the city limits of cities shall be either county roads or township roads as provided for by law. The state highway system thus designated shall be constructed, improved, reconstructed and maintained by the secretary of transportation from funds provided by law.
(b) In addition to highways of the state highway system, the secretary of transportation shall designate in those cities on such system certain streets as city connecting links. "City connecting link" means a routing inside the city limits of a city that:
(1) Connects a state highway through a city;
(2) connects a state highway to a city connecting link of another state highway;
(3) is a state highway that terminates within such city;
(4) connects a state highway with a road or highway under the jurisdiction of the Kansas turnpike authority; or
(5) begins and ends within a city's limits and is designated as part of the national system of interstate and defense highways.
(c) The secretary of transportation may mark and maintain existing roads as detours, but detour roads shall not be a part of the state highway system, except that such roads shall be marked and maintained by the secretary of transportation only until that portion of the state highway system for which such road is substituted is completed and open for travel.
(d) The secretary of transportation may use moneys appropriated from the state highway fund for the purchase of right-of-way, construction, improvement, reconstruction and maintenance of a highway over the most direct and practicable routes from state highways to a state lake, a federal lake or reservoir established by federal authority, any property managed or controlled by the Kansas department of wildlife and parks, national monuments and national historical sites, military reservations, motor carrier inspection stations, approaches and connections within an urban area, as defined by federal highway laws, places of major scenic attractions which possess unusual historical interest, as defined by K.S.A. 76-2018(1) and (2), and amendments thereto, on which the state now holds or may hereafter hold a long-term lease, a state institution, from the city limits of the nearest city to a state institution, a state-owned natural and scientific preserve, as defined by K.S.A. 74-6603(b), and amendments thereto, or such road or roads located within the boundaries of a state park and not presently maintained by a federal agency as shall be designated by the secretary of transportation. Such highways or roads shall not be a part of the state highway system, and the secretary of transportation is not required to plan, design or construct such highways or roads in conformity with the standards applicable to the state highway system.
(e) The secretary of transportation may make reroutings of any portion of the state highway system if such rerouting is required in writing by the United States department of transportation of the federal highway administration before it will permit federal funds to be used thereon. The secretary of transportation shall have control and regulation for purposes of posting speed limits and establishing access and egress facilities on any and all portions of streets and roads that are, or have been, a part of the state highway system, and that have been or may be, placed inside of the limits of an incorporated city by the creation of a new municipality or by the extension of the limits or boundaries of any existing municipality.
(f) Except pursuant to article 21 of chapter 68 of Kansas Statutes Annotated, and amendments thereto, only the secretary of transportation may authorize temporary closing of any part of the state highway system by any person for any purpose in the interest of the state. Every authorization granted under this subsection shall be granted subject to conditions specified by the secretary to provide for:
(1) Proper detours, signing and markings;
(2) timing that will not unreasonably inconvenience the public; and
(3) such additional conditions as are appropriate to avoid unreasonable risk of injury to any person. Such requests shall be made in writing and submitted to the secretary at least five days prior to the closing date. In emergencies, temporary closing may be authorized by the secretary by oral communications. The secretary may waive all or any part of the notice otherwise required by this subsection.
(g) Except as provided in subsection (h), any person failing or neglecting to comply with the provisions of this subsection, upon conviction, shall be guilty of a nonperson unclassified misdemeanor.
(h) In cases of sudden emergency, temporary closing of any part of the state highway system may be authorized by order of a person designated by the board of county commissioners for an area outside of any city or a person designated by the governing body of a city for an area within such city. In such cases of sudden emergency the person authorizing such closing shall inform the secretary of transportation thereof as soon as practicable and obtain the authorization of the secretary for any additional time thereafter for such closing.
History: L. 1927, ch. 255, § 6; L. 1929, ch. 225, § 3; L. 1933, ch. 97, § 1 (Special Session); L. 1935, ch. 245, § 1; L. 1937, ch. 285, § 1; L. 1949, ch. 344, § 1; L. 1953, ch. 300, § 1; L. 1961, ch. 302, § 1; L. 1972, ch. 245, § 1; L. 1975, ch. 350, § 1; L. 1975, ch. 427, § 85; L. 1978, ch. 271, § 3; L. 1981, ch. 263, § 1; L. 1984, ch. 251, § 1; L. 1984, ch. 293, § 6; L. 1984, ch. 252, § 1; L. 1988, ch. 269, § 1; L. 1989, ch. 118, § 179; L. 1993, ch. 124, § 1; L. 2012, ch. 47, § 89; L. 2023, ch. 7, § 115; July 1.
Any county road which is not a part of the state highway system, but which road is a continuation of a state highway, which state highway is a cross-state highway except for the part of said road which is not a state highway, and which part is not more than fifteen miles in length, and where the inclusion of the said fifteen miles of road as a part of the state highway system would secure the improving of a continuance of the road in an adjoining state through reciprocity legislation and thus make a continuous highway across not less than two states; and providing said county road where said road is located is brought to standardization by the county and approved by the secretary of transportation and providing said adjoining state completes its link of road which is lacking in its state highway system to join with the said Kansas road, then the fifteen miles or less of road not now in the state highway system of Kansas shall be made a part thereof and shall be placed under the supervision and control of such secretary: Provided, That this act shall be supplemental to K.S.A. 68-406.
History: L. 1931, ch. 249, § 1; L. 1933, ch. 238, § 1; L. 1975, ch. 427, § 86; August 15.
History: L. 1963, ch. 334, § 1; L. 1975, ch. 427, § 87; Repealed, L. 1978, ch. 271, § 5; April 21.
History: L. 1963, ch. 334, § 2; L. 1975, ch. 33, § 9; L. 1975, ch. 427, § 88; Repealed, L. 1978, ch. 271, § 5; April 21.
History: L. 1963, ch. 334, §§ 3, 4; L. 1975, ch. 427, §§ 89, 90; Repealed, L. 1978, ch. 271, § 5; April 21.
The secretary of transportation is authorized to perform all work, or to enter into, perform and require the performance of all contracts incident to the construction, improvement, reconstruction and maintenance of the state highway system and shall take such steps as will give the provisions of this act full force and effect and do and perform all other duties required by law: Provided, That the secretary may enter into contracts with any of the counties of the state to do any work in the repair, construction or maintenance of the state highway system.
History: L. 1927, ch. 255, § 11; L. 1929, ch. 225, § 8; L. 1951, ch. 379, § 1; L. 1975, ch. 427, § 91; August 15.
The secretary of transportation, before awarding any contract for the construction, improvement, reconstruction or maintenance of the state highway system, shall publish notice of the letting at least once in each week for two consecutive weeks in the Kansas register, which notice shall specify with reasonable minuteness the character of the improvement contemplated, the time and place at which the bids will be received, and invite sealed proposals for the same. Such other notice may also be given as such secretary may deem necessary and proper.
History: L. 1929, ch. 225, § 9; L. 1939, ch. 242, § 1; L. 1941, ch. 308, § 1; L. 1975, ch. 427, § 92; L. 1983, ch. 274, § 4; July 1.
(a) The secretary of transportation is hereby authorized to implement electronic submission of sealed bids as a procurement process accessible by highway construction contractors and other qualified contractors for highway projects. Prior to implementing such procurement process, the secretary of transportation shall adopt any policies and procedures which are necessary for the acceptance of sealed bids by electronic on-line submission.
The secretary of transportation may adopt any rules and regulations necessary to implement the provisions of this section.
(b) The secretary of transportation shall not acquire any goods or services through any process of reverse auctioning.
(c) As used in this section, "sealed bids" may include a procurement process following procedures approved by the secretary of transportation in which bids are received electronically over the internet.
History: L. 2001, ch. 212, § 2; May 31.
Before advertising for bids for any contract as provided in the preceding section said secretary shall provide plans and specifications of the proposed work or improvement, which plans and specifications shall be displayed for the inspection of bidders at the office of such secretary and in the office of the county clerk in the county or counties where work is to be done at least fifteen days before the time for receiving bids.
History: L. 1929, ch. 225, § 10; L. 1975, ch. 427, § 93; August 15.
All contracts for the construction, improvement, reconstruction, and maintenance of the highway system, the cost of which exceeds one thousand dollars ($1,000), except contracts between the secretary of transportation and the various counties, shall be awarded at a public letting to the lowest responsible bidder: Provided, however, That no contract for a single project or structure shall be divided into two or more contracts and awarded without public letting and to other than the lowest responsible bidder. The secretary shall adopt necessary rules and regulations covering the making and receiving of bids and letting of contracts: Provided, That no contract shall be awarded to a nonresident individual, partnership or corporation unless the same has established a permanent office in the state of Kansas so that service can be had and taxes collected from said nonresident: And provided further, That the provisions of K.S.A. 16-113 shall not apply to contracts made by the secretary. The person or persons to whom a contract may be awarded shall give good and sufficient surety bond by a company authorized to do business in this state to be approved by the secretary, and filed with the secretary in such sum as the secretary shall fix, not less than the amount of such contract price, conditioned that such contractor will faithfully perform such contract in every respect and conditioned further that such contractor or contractors or subcontractor or subcontractors of said contractor or contractors shall pay all indebtedness incurred for supplies, materials or labor furnished, used or consumed in connection with or in or about the construction of the project for which the contract has been let, including gasoline, lubricating oils, fuel oils, greases, coal and similar items used or consumed and used directly in carrying out the provisions of the contract: Provided, That when such bond has been so approved by and filed with the secretary of transportation, no mechanic's lien shall attach by reason of the failure of the contractor or contractors or subcontractor or subcontractors of said contractor or contractors to pay for or make settlement for the items covered by this act: Provided further, That any person to whom there is due any sum for labor or material or for any item covered by this act or his or her assigns, may bring an action on said bond for the recovery of said indebtedness and said suit may be brought in any county in the state where any part of said contract has been performed: Provided further, That no such action shall be brought on said bond unless within six (6) months after the completion date of said contract, according to the records of the secretary of transportation, there be filed with the secretary an itemized statement of the amount of such indebtedness, which itemized statement must be sworn to and acknowledged before a notary public or other officer authorized to administer oaths: Provided, That no action shall be brought on said bond after one (1) year from the completion date of said contract: Provided further, The provisions of K.S.A. 60-1111 shall not apply to contracts made by the secretary of transportation.
History: L. 1929, ch. 225, § 11; L. 1933, ch. 239, § 1; L. 1935, ch. 246, § 1; L. 1975, ch. 427, § 94; August 15.
The secretary of transportation shall make partial payment to a contractor performing any road or bridge work under contract with it, as the work may progress, said partial payment not to be less than ninety percent (90%) of the contract price of the material delivered and work done and accepted. The secretary shall provide by regulation, to be made a part of all specifications, for the withholding of not more than ten percent (10%) of the full contract price of any such work until the work is satisfactorily completed and approved by the secretary and the provisions of the contract and bond therefor have been fully satisfied.
History: L. 1929, ch. 225, § 12; L. 1943, ch. 235, § 1; L. 1959, ch. 263, § 1; L. 1975, ch. 427, § 95; August 15.
After the secretary of transportation shall deem it advisable for the proper completion of the state highway system to designate any city street as a connecting link in the state highway system, the secretary may assist said city on the state highway system in the construction, improvement and reconstruction of said streets as hereinafter set out. The type of such construction, improvement and reconstruction shall be determined by agreement between the city and the secretary of transportation, and the construction shall be under the supervision of the secretary.
The cost of construction, improvement and the reconstruction of such streets and highways, shall be apportioned between the department of transportation and such city, to be determined by an agreement between the city and the secretary of transportation. The portion of such cost to be paid by the secretary shall be paid from that portion of the state highway fund provided for construction of state highways and the cost of the remainder of such street highways shall be paid by the city from a fund raised in the manner provided by law for the payment for grading, curbing, guttering and paving streets in such city: Provided, That in no event shall the secretary of transportation be liable for construction, improvement or reconstruction as herein set out unless the secretary shall have designated such streets as connecting links in the state highway systems: And provided further, That the secretary of transportation shall decide the time when such construction, improvement or reconstruction shall be commenced.
Where any such improvement shall receive federal aid, the secretary of transportation may, in the secretary's discretion, use any such federal funds that may be available for such purpose, to assist the city in the payment of such a part of the city's portion of the cost of such improvement as the secretary may deem proper or advisable.
History: L. 1929, ch. 225, § 13; L. 1933, ch. 240, § 1; L. 1943, ch. 236, § 1; L. 1949, ch. 344, § 2; L. 1975, ch. 427, § 96; August 15.
Whenever it becomes necessary for the proper construction, maintenance, or improvement of streets in cities, which streets have been designated as connecting links in the state highway system, to acquire right-of-way for said streets, the secretary of transportation may assist said cities in paying for said right-of-way and may pay from the state highway fund to said cities for such purpose such part of the amounts necessary for the payment for such right of way as may be agreed upon by the secretary and the governing bodies of said cities. Upon the request of a city and approval of plans by the city the secretary may acquire by condemnation or purchase right-of-way for construction, reconstruction and maintenance of connecting links in the state highway system in any city, and the secretary of transportation may construct, reconstruct and maintain such connecting link with or without such city's participation.
History: L. 1931, ch. 251, § 1; L. 1953, ch. 301, § 1; L. 1968, ch. 248, § 1; L. 1975, ch. 427, § 97; August 15.
(a) Subject to subsection (b), the secretary of transportation, in the name of the state, may acquire title or easement by purchase, dedication or by the exercise of the right of eminent domain: (1) To or upon any lands or interests or rights therein; (2) to water, gravel, stone, sand or other material; (3) to spoil banks or to borrow pits necessary for the construction, reconstruction, improvement, maintenance or drainage of the state highway system; or (4) to access ways to spoil banks or borrow pits or any bed, pit, quarry or other place where gravel, stone, water, or other material required in the construction, reconstruction, improvement, maintenance or drainage of the state highways may be located. The secretary of transportation, in the name of the state, may acquire, by purchase, title to an entire lot, block or tract of land for state highway purposes even though such entire lot, block or tract is not immediately needed for state highway purposes, if the secretary finds that by so doing the interests of the public will be best served, and without limiting the foregoing, the same may be done where uneconomic remnants of land would be left the original owner or where severance or consequential damage to a remainder make the acquisition of the entire lot, block or tract more economical to the state.
(b) (1) Exercise of the right of eminent domain by the secretary shall be in accordance with and governed by article 5 of chapter 26 of the Kansas Statutes Annotated, and amendments thereto.
(2) Every petition filed by the secretary to acquire lands or any interest in or title thereto by the exercise of the right of eminent domain shall set forth the extent, quantity and nature of the interest or title to be acquired.
(3) Except as otherwise provided in paragraph (4) of this subsection (b), the secretary shall not acquire by eminent domain any right, title or interest in or to the oil and gas minerals under or in any lands, and the petition in any condemnation proceedings shall state that right, title or interest in or to such oil and gas minerals is not being condemned.
(4) The secretary may acquire by eminent domain the fee simple title to lands when such lands are acquired for sites for the construction of buildings or improvements necessarily incident to the operation, maintenance and supervision of a state system of highways.
(c) The secretary may acquire fee simple title or any lesser degree of title or interest or rights in land by purchase or dedication.
(d) (1) Subject to the provisions of paragraph (2) of this subsection (d) the secretary may dispose of any real estate or any right, title or degree or variety of interest therein which has theretofore been acquired for state highway purposes, in the manner the secretary deems most expedient, when such real estate or interest therein is no longer needed or used for state highway purposes. The secretary may exchange the right-of-way in which the secretary has an interest or title greater than an easement for new or other right-of-way.
(2) Whenever the secretary shall determine in the manner provided by paragraph (1) of this subsection (d) that any real estate should be disposed of by sale, such secretary shall sell the same, in the name of the state of Kansas, to the highest bidder at public auction and thereby convey and transfer all of the right, title and interest of the state of Kansas in such real estate.
As soon as reasonably practical after the secretary determines that any such real estate should be sold, the secretary shall have the real estate appraised by three disinterested persons and advertise the sale in a newspaper of general circulation in the county where the real estate is situated once each week for at least three consecutive weeks prior to the date set for such sale. In no case shall such real estate be sold for less than ⅔ of its appraised value except that if no sale has been effected after an effort to sell under this section, the secretary may set aside the appraisement and order a new appraisement and readvertise the real estate for sale. If the new appraisement does not exceed $1,000, the secretary may readvertise and sell the real estate to the highest bidder. If the secretary determines that sale by public auction would be inappropriate, the real estate may be sold in the manner deemed most expedient by the secretary. The secretary may charge an amount in connection with the release of any permanent easement. The amount charged shall not exceed the increase in value accruing to the underlying fee owner resulting from the termination of the property interest held by the secretary in the name of the state of Kansas. Conveyances of real estate under this section shall be by deed executed by the secretary of transportation. The secretary shall keep a record of all such conveyances. All moneys derived from such sales or charges 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 state highway fund.
(e) On August 15, 1975, the secretary of transportation shall succeed to whatever right, title or interest the state highway commission has acquired in any land in this state, and the secretary of transportation shall hold the same for and in the name of the state of Kansas. Whenever any land or any right, title or interest in any land is acquired by the secretary of transportation or is acquired for state highway purposes, such right, title or interest shall be taken and held by the secretary of transportation in the name of the state of Kansas.
History: L. 1929, ch. 225, § 14; L. 1931, ch. 246, § 1; L. 1937, ch. 286, § 1; L. 1951, ch. 381, § 1; L. 1961, ch. 303, § 1; L. 1963, ch. 234, § 86; L. 1975, ch. 426, § 54; L. 1981, ch. 264, § 1; L. 2001, ch. 5, § 278; July 1.
The state of Kansas does herewith and hereby convey all right, title and interest in and to all oil and gas in place, in and under any and all right-of-way, heretofore obtained in the name of the state highway commission of the state of Kansas, by purchase, dedication or condemnation for state highway purposes as authorized by K.S.A. 68-413, and acquired pursuant to article 1, chapter 26 of the Kansas Statutes Annotated and any amendments thereto, which have not otherwise been disposed of as provided by law, to the present owners of the land of which it was originally a part, save and except a right-of-way easement for highway purposes for all such lands, and an easement right to water, gravel, stone, sand or other material, or to spoil banks or borrow pits, or any bed, pit, quarry or other places where gravel, stone, water or other material may be located, which is now in possession of or has been acquired by the state of Kansas for construction, improvement, reconstruction, maintenance, or drainage of the state highway: Provided, however, That where the state of Kansas or the state highway commission has heretofore acquired title to real estate by warranty deed for any highway purpose or by purchase, dedication or condemnation for sites for the construction of buildings or any improvement thereon necessarily incident to the operation, maintenance and supervision of a system of state highways, the fee simple title, from and after the effective date of this act, shall be and remain vested in the state of Kansas.
History: L. 1951, ch. 382, § 1; L. 1975, ch. 426, § 55; August 15.
All rights of way of state highways shall be used exclusively for public highway purposes: Provided, The secretary of transportation may authorize such other uses of such rights-of-way as will not interfere with public travel thereon and which are in conformity with applicable state and federal laws, rules and regulations relating to highways. The secretary of transportation is authorized to remove unauthorized structures, objects and facilities which are located upon the rights-of-way of state highways. Nothing herein shall be construed to affect the rights of public utilities and persons or associations maintaining facilities on state highway rights-of-way pursuant to law.
History: L. 1963, ch. 332, § 1; L. 1975, ch. 427, § 98; August 15.
The secretary of transportation, in the construction, improvement, reconstruction or maintenance of the state highway system, shall have the power and authority to compel all railroad companies operating steam or electric railroads in this state to construct, improve, reconstruct or maintain in a manner to be approved by the secretary of transportation, viaducts, tunnels, underpasses, bridges or grade crossings where the lines of said railroad companies intersect state highways, when in the judgment of the secretary such viaducts, tunnels, underpasses, bridges or grade crossings are necessary for the proper construction of the state highway system, for the safety of the general public, or for the elimination of a dangerous grade crossing. The expense of such construction, improvement, reconstruction or maintenance may be divided between the railroad company and the secretary of transportation in a fair and equitable proportion to be determined by the secretary of transportation, said secretary, however, to pay not to exceed fifty percent (50%) of the cost of any construction, improvement, reconstruction or maintenance of viaducts, tunnels, underpasses or bridges, but such fifty percent (50%) limitation shall not apply to express highways or freeways established pursuant to K.S.A. 68-2301. Otherwise, grade crossings shall be constructed and maintained at the expense of the railroad company.
If after due notice to said railroad company that in the judgment of the secretary of transportation the construction, improvement, reconstruction or maintenance of such viaduct, tunnel, underpass, bridge or grade crossing is necessary, said railroad company fails to comply with the secretary's order as provided by this section, said secretary is empowered and authorized to forthwith construct, improve, reconstruct or maintain such viaduct, tunnel, underpass, bridge or grade crossing and the amount so expended for such construction, improvement, reconstruction or maintenance shall comprise a charge against such railroad company and the secretary shall render a bill to such railroad company stating the amount expended and for what purpose, and upon the failure or refusal of such railroad company to make payment of the amount due the state the secretary shall forward all data and information to the attorney general of this state, who shall immediately institute a suit in the name of the secretary of transportation for the recovery of the amount reported by the secretary of transportation as due from the railroad company for its proportion of the cost of the construction, improvement, reconstruction or maintenance of such viaduct, tunnel, underpass, bridge or grade crossing. Upon the recovery of such fund said secretary shall deposit same with the state treasurer and said sum shall be apportioned to the different funds in the amounts expenditures from such funds were made.
When the secretary of transportation deems it advisable, said railroad company may be required by order of the secretary, to install and maintain suitable safety devices or warning signals at dangerous or obscure crossings to indicate the approach of trains.
History: L. 1929, ch. 225, § 15; L. 1975, ch. 427, § 99; L. 1976, ch. 294, § 1; July 1.
(a) Whenever any person, firm or any corporation created for the purpose of constructing and maintaining magnetic telegraph or telephone lines or other telecommunication facilities or for the purpose of constructing and maintaining lines for the transmission of electric current or for the purpose of transporting oil or gas or water by pipelines, or municipal corporations, shall construct or maintain poles, piers, abutments, pipelines or other fixtures along, upon or across any state highway, such poles, wires, piers, abutments, pipelines and other fixtures shall be located upon that part of the right-of-way of the state highway designated by the secretary of transportation. The secretary of transportation may require the removal of such poles, piers, abutments, wires and pipelines and other fixtures upon state highways from any location on the state highways to such part of the right-of-way of the state highways as the secretary of transportation shall designate, and if such person, firm or corporation, upon receiving notice of the requirement of the secretary of transportation that such poles, piers, abutments, wires, pipelines or other fixtures be moved, fails to comply with any such requirement, the secretary of transportation may remove such poles, piers, abutments, wires, pipelines and other fixtures to such place on the right-of-way of the state highways as may be designated by the secretary of transportation, and the cost of such removal shall be paid to the secretary of transportation by such person, firm or corporation upon a statement of cost being furnished to such person, firm or corporation.
If such person, firm or corporation refuses to pay the charges, the secretary of transportation shall notify the attorney general, who shall bring suit against such person, firm or corporation in the name of the state to recover the amount. Any amounts received from such persons, firms or corporations shall be deposited in the state treasury and credited to the fund from which the cost of such removal was paid.
(b) In addition to the powers provided in subsection (a), the secretary may advance moneys to a public utility or entity when the utilities, structures or facilities of such public utility or entity are being moved, modified or relocated and in the secretary's opinion the expeditious movement, modification or relocation of such utilities, structures or facilities, from current or proposed highway right-of-way, is necessitated by a current or proposed highway project. The secretary shall not advance moneys to a public utility or entity, unless such public utility or entity can demonstrate a financial need for the advancement of such moneys.
The secretary shall not advance moneys in excess of $20,000, per project, to any one public utility or entity. Such public utility or entity advanced money by the secretary shall pay interest upon such money at the rate of interest equal to the average yield before taxes received on 91-day United States treasury bills as determined by the federal reserve banks as fiscal agents of the United States at its most recent public offering of such bills prior to the date of the advancement of such money. The term for the repayment of such money by such public utility or entity shall not exceed 60 months.
Nothing in this subsection shall give any public utility or entity any standing on rights of compensation not currently available under law, and all such payments are deemed a matter of legislative policy to rest solely within the discretion of the secretary of transportation for the purpose of expediting the construction, reconstruction or maintenance of the state highway system.
The secretary of transportation shall adopt rules and regulations establishing the procedure and criteria for the advancement of moneys under the provisions of this subsection.
(c) Notwithstanding the provisions of subsection (a), any rural water district created under the provisions of K.S.A. 82a-612 et seq., and amendments thereto, or any public wholesale water supply district created pursuant to K.S.A. 19-3545 et seq., and amendments thereto, which, after excluding such water lines that cross a highway, has 90% or more of its remaining water lines on private right-of-way and is required to relocate such district's water lines in accordance with subsection (a): (1) Shall be reimbursed for such district's costs for relocating such water lines; or (2) if the secretary of transportation relocates the district's water lines, such district shall not be required to reimburse the secretary of transportation the costs for relocating such water lines. The provisions of this subsection shall apply to all state highway funded projects, including any highway projects currently in progress.
History: L. 1929, ch. 225, § 16; L. 1975, ch. 426, § 56; L. 1990, ch. 247, § 1; L. 1992, ch. 146, § 4; L. 1995, ch. 68, § 1; L. 2017, ch. 14, § 1; July 1.
History: L. 1937, ch. 289, § 1; Repealed, L. 1947, ch. 338, § 1; June 30.
The state highway fund shall be apportioned as follows:
(a) The secretary of transportation annually shall apportion and distribute quarterly, on the first day of January, April, July and October, to cities on the state highway system from the state highway fund moneys at the rate of $5,000 per year per lane per mile for the maintenance of streets and highways in cities designated by the secretary as city connecting links. Unless a consolidated street and highway fund is established pursuant to K.S.A. 12-1,119, and amendments thereto, all moneys distributed by the secretary shall be credited to the street and alley funds of such cities. All moneys so distributed shall be used solely for the maintenance of city connecting links. Maintenance of such city connecting links shall be as prescribed in K.S.A. 68-416a, and amendments thereto. As used in this subsection, "lane" means the portion of the roadway for use of moving traffic of a standard width prescribed by the secretary. In lieu of such apportionment, the secretary, by and with the consent of the governing body of any city within the state of Kansas, may maintain such streets within the city and pay for such maintenance from the highway fund.
(b) All of the remainder of such highway fund shall be used by the secretary of transportation for:
(1) The construction, improvement, reconstruction and maintenance of the state highway system;
(2) improvements in transportation programs to aid elderly persons, persons with disabilities and the general public;
(3) for any purpose specified in K.S.A. 68-2314b, and amendments thereto;
(4) for any purpose specified in K.S.A. 2025 Supp. 68-2314c, and amendments thereto;
(5) the support and maintenance of the department of transportation;
(6) the expenses of administering the motor vehicle registration and drivers' license laws; and
(7) the payment of losses to department of transportation employees authorized by K.S.A. 75-5062, and amendments thereto.
History: L. 1927, ch. 255, § 7; L. 1929, ch. 225, § 17; L. 1933, ch. 241, § 1; L. 1941, ch. 309, § 1; L. 1949, ch. 344, § 3; L. 1958, ch. 56, § 1 (Budget Session); L. 1959, ch. 264, § 1; L. 1967, ch. 353, § 1; L. 1970, ch. 397, § 4; L. 1974, ch. 271, § 1; L. 1975, ch. 427, § 100; L. 1978, ch. 271, § 4; L. 1979, ch. 211, § 1; L. 1987, ch. 260, § 2; L. 1989, ch. 209, § 28; L. 1994, ch. 236, § 1; L. 1998, ch. 63, § 2; L. 1999, ch. 137, § 10; L. 2010, ch. 156, § 21; L. 2020, ch. 8, § 7; July 1.
Maintenance of city connecting links shall be as follows:
(a) Where cities receive an amount per lane per mile as provided in K.S.A. 68-416, and amendments thereto, such cities shall be responsible for all maintenance of such city connecting links, except route marking signs.
(b) Where the secretary of transportation and a city have entered into an agreement for the secretary to maintain city connecting links, responsibility for maintenance shall be as prescribed in the agreement. The secretary of transportation shall assume all maintenance obligations for city connecting links except for (1) installation and maintenance of parking meters and pavement markings for parking lanes, (2) maintenance of sidewalks except on structures, (3) installation and maintenance of street illumination system, (4) maintenance of automated traffic control devices, (5) enclosed lengths of storm drainage systems which parallel the street or highway and (6) snow removal where parking is permitted. Where installation of street illumination facilities on city connecting links is the responsibility of the city, such installation shall first be approved by the secretary of transportation.
(c) The secretary of transportation shall be responsible for all maintenance on all fully access controlled city connecting links.
History: L. 1979, ch. 211, § 2; L. 1989, ch. 209, § 29; January 1, 1990.
History: L. 1933, ch. 241, § 2; L. 1975, ch. 427, § 101; Repealed, L. 1999, ch. 137, § 42; July 1.
History: L. 1933, ch. 241, § 3; L. 1935, ch. 247, § 1; L. 1975, ch. 427, § 102; Repealed, L. 1999, ch. 137, § 42; July 1.
History: L. 1933, ch. 241, § 4; L. 1975, ch. 427, § 103; Repealed, L. 1999, ch. 137, § 42; July 1.
History: L. 1929, ch. 225, § 19; Repealed, L. 1951, ch. 383, § 1; June 30.
History: L. 1929, ch. 225, § 23; L. 1957, ch. 359, § 1; L. 1972, ch. 246, § 1; L. 1975, ch. 350, § 2; L. 1975, ch. 427, § 104; Repealed, L. 1979, ch. 186, § 33; July 1.
(a) Whenever any public officer, as defined by K.S.A. 75-4301, shall enter into a contract on behalf of the state or any agency or instrumentality thereof for the construction of any highway or turnpike, in accordance with the laws of this state, the contractor shall not be liable for damages arising out of design defects involving the construction of such highway or turnpike resulting in injury to persons or damage to property, occurring after completion of the contract, and acceptance thereof by such public officer, if the contractor has complied with all contractual provisions and specifications imposed by state and federal agencies with respect to such highway or turnpike. Nothing contained in this section shall be construed as abrogating, limiting or otherwise affecting any cause of action accruing to the state or any agency or instrumentality thereof which was a party to such contract.
History: L. 1974, ch. 269, § 1; July 1.
If any section, clause, sentence, paragraph, part 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 invalid section, clause, sentence, paragraph, part or provision, and the act as a whole shall not be declared invalid by reason of the fact that one or more sections, clauses, sentences, paragraphs, parts or provisions may be found invalid by any court.
History: L. 1927, ch. 255, § 13; L. 1929, ch. 225, § 20; April 1.
In administering and carrying out the provisions of this act, the secretary of transportation shall be governed by the highway laws of the state so far as possible, and for the purpose of administration of this act all Kansas statutes referring to roads not in conflict with the act shall also apply to state highways.
History: L. 1927, ch. 255, § 12; L. 1929, ch. 225, § 21; L. 1975, ch. 427, § 105; August 15.
History: L. 1929, ch. 229, § 1; Repealed, L. 1935, ch. 248, § 1; March 19.
The secretary of transportation is authorized to adopt and erect uniform marking guides and warning signs for identifying various routes on the state highway system. The secretary is authorized to remove any and all billboards or signs located within the limits of the right-of-way of state highways which bear advertising of any kind or character.
History: L. 1927, ch. 257, § 1; L. 1975, ch. 427, § 106; August 15.
The secretary of transportation, the board of county commissioners of each county and the governing body of each incorporated city shall cause signs to be erected at suitable intervals on public highways in their respective areas of authority, including public parks, informing the public that littering, as defined in K.S.A. 21-5815, and amendments thereto, is unlawful.
History: L. 1967, ch. 195, § 3; L. 1975, ch. 427, § 107; L. 2011, ch. 30, § 250; July 1.
History: L. 1975, ch. 347, § 1; Repealed, L. 2013, ch. 16, § 1; July 1.
Revisor's Note: Later act, see 21-3726.
History: L. 1927, ch. 257, § 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
(a) It is hereby declared to be public policy of this state to provide for the acquisition of real property necessary for the construction, improvement, reconstruction, maintenance or drainage of the state highway system, in advance of actual construction, for the purpose of eliminating costly details in construction, reducing hardship to owners of such property, and eliminating economic waste occasioned by the improvement of such property immediately prior to its acquisition for highway uses. The legislature therefore finds and declares that purchase and condemnation of real property necessary for the construction, reconstruction, improvement, maintenance or drainage of the state highway system, reasonably in advance of programmed construction, is for a public use and purpose and for a public highway purpose.
(b) Whenever the secretary of transportation determines that any real estate so purchased should be disposed of by sale, the secretary shall have the real estate appraised by three disinterested persons. The secretary shall give the landowner from whom the real estate was acquired, or the landowner's successors in title, an opportunity to purchase the real estate at the appraised value. If the landowner does not elect within a reasonable time to purchase the real estate at the appraised value, the secretary, in the name of the state of Kansas, is authorized to sell the interest of the state in the real estate to the highest bidder at public auction. Such sale at auction shall be preceded by an advertisement of the sale in the Kansas register once each week for at least three consecutive weeks prior to the date set for such sale. In no case shall such real estate be sold at public auction for less than ⅔ of its appraised value, except that, if no sale has been effected after an effort to sell at public auction under this section, the secretary of transportation may set aside the appraisement and order a new appraisement and readvertise the real estate for sale at public auction. If such new appraisement does not exceed $1,000, the secretary may readvertise and sell the real estate to the highest bidder. Conveyances of such real estate shall be by deed executed by the secretary.
(c) The secretary of transportation shall keep a record of all such conveyances. All moneys derived from such sales 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 state highway fund.
History: L. 1963, ch. 333, § 1; L. 1975, ch. 427, § 108; L. 1983, ch. 274, § 5; L. 2001, ch. 5, § 279; July 1.
The secretary of transportation is authorized to purchase or acquire by the exercise of the power of eminent domain real property or property rights therein for the future construction, reconstruction, improvement, maintenance or drainage of routes on the state highway system or for use as roadside parks, rest areas or park facilities along or conveniently near state highways, in the method and to the extent provided by law.
History: L. 1963, ch. 333, § 2; L. 1975, ch. 427, § 109; August 15.
The secretary of transportation is authorized to establish, construct, reconstruct and maintain roadside parks, rest areas, and park facilities along or conveniently near a state highway.
History: L. 1963, ch. 341, § 1; L. 1975, ch. 427, § 110; August 15.
The secretary of transportation is authorized to establish, construct, reconstruct and maintain access roads which extend from a state highway to a roadside park, rest area, or park facility.
History: L. 1963, ch. 341, § 2; L. 1975, ch. 427, § 111; August 15.
The secretary of transportation is authorized to acquire such rights-of-way for the above purposes as the secretary may deem necessary by gift, dedication, purchase or by the exercise of the right of eminent domain.
History: L. 1963, ch. 341, § 3; L. 1975, ch. 427, § 112; August 15.
The secretary of transportation may adopt rules and regulations governing the use of such roadside parks, rest areas, and park facilities.
History: L. 1963, ch. 341, § 4; L. 1975, ch. 427, § 113; August 15.
History: L. 1933, ch. 94, § 1 (Special Session); L. 1941, ch. 309, § 2; Repealed, L. 1970, ch. 397, § 10; July 1.
History: L. 1933, ch. 94, §§ 2 to 8 (Special Session); Repealed, L. 1951, ch. 383, § 1; June 30.
It shall be unlawful for any person or persons to display to the public within the right-of-way of any state highway outside the limits of any city, any goods, wares or merchandise for sale, gift, barter or exchange, except that this act shall not apply to: (a) The sale of products of farm or garden sold at the entrance to any farm or garden where produced so long as such sales are conducted at a safe distance from the traveled way; or
(b) the sale of products by a vendor licensed under the provisions of K.S.A. 75-3339, and amendments thereto, as authorized by rules and regulations adopted by the secretary of transportation.
History: L. 1941, ch. 314, § 1; L. 1991, ch. 209, § 2; July 1.
Any person or persons violating the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof before any court having competent jurisdiction shall be fined in a sum of not more than fifty dollars and costs.
History: L. 1941, ch. 314, § 2; June 30.
When the board of county commissioners of any county determines it is desirable to pay the state's share of the cost of highway improvement in such county, the board may issue general obligation bonds of the county for such purpose if authorized as provided in K.S.A. 68-435. The bonds shall be authorized, issued, registered and sold in the manner prescribed by the general bond law and shall bear interest at a rate not to exceed the maximum rate prescribed by K.S.A. 10-1009 and amendments thereto. General obligation bonds issued by a county under the authority of this section shall not be subject to any limitation on the bonded indebtedness of the county.
History: L. 1983, ch. 227, § 2; July 1.
The board of county commissioners of any county may submit the question of issuing general obligation bonds of the county as authorized by K.S.A. 68-434 to the electors at an election called by such board at any time and held thereon, and any such board shall be required to submit such question upon submission of a petition signed by electors of such county equal in number to not less than 10% of the electors of such county who voted at the last preceding general election for the office of secretary of state, or upon receiving resolutions requesting such an election passed by not less than ⅔ of the membership of the governing body of each of one or more cities within such county which contains a population of not less than 25% of the entire population of the county, or upon receiving resolutions requesting such an election passed by ⅔ of the membership of the governing body of each of one or more taxing subdivisions within such county which levy not less than 25% of the property taxes levied by all taxing subdivisions within the county.
History: L. 1983, ch. 227, § 3; July 1.
When the secretary of transportation has agreed to schedule an improvement project to begin construction within one year, and that local participation in supplying funds is desirable, the board of county commissioners of any county may participate with the state, by providing funds for the state's share of any highway improvement in the county. Such funds shall be provided either from the proceeds of bonds issued under K.S.A. 10-1201 or K.S.A. 68-434, and amendments thereto. The secretary of transportation may contract with any county regarding the repayment of all or any part of any funds furnished by such county and may provide for the repayment thereof from the state highway fund. If such funds are derived from the proceeds of bonds issued pursuant to K.S.A. 10-1201, and amendments thereto, any repayment thereof shall be deposited in the county general fund and distributed between the county and the cities in the manner provided by K.S.A. 12-192, and amendments thereto. If such funds are derived from bonds issued pursuant to K.S.A. 68-434, any repayment thereof shall be deposited in the county road and bridge fund.
No contract authorized by this section shall be entered into after July 1, 1986.
History: L. 1983, ch. 227, § 4; July 1.
When the governing body of any city determines it is desirable to pay the state's share of the cost of highway improvement in such city, the governing body may issue general obligation bonds of the city in the manner provided by K.S.A. 68-438. The bonds shall be authorized, issued, registered and sold in the manner prescribed by the general bond law and shall bear interest at a rate not to exceed the maximum rate prescribed by K.S.A. 10-1009, and amendments thereto. General obligation bonds issued by a city under the authority of this section shall not be subject to any limitation on the bonded indebtedness of the city.
History: L. 1985, ch. 232, § 1; July 1.
The governing body of any city may submit the question of issuing general obligation bonds of the city as authorized by K.S.A. 68-437 to the electors at an election called by the governing body at any time and held thereon. The governing body shall submit such question upon submission of a petition signed by not less than 10% of the qualified electors of the city.
History: L. 1985, ch. 232, § 2; July 1.
When the secretary of transportation has agreed to schedule an improvement project to begin construction within one year and has agreed that local participation in supplying funds is desirable, the governing body of any city may participate with the state by providing funds for the state's share of any highway improvement in the city. Such funds may be provided from the proceeds of bonds issued under K.S.A. 68-437. The secretary of transportation may contract with any city regarding the repayment of all or any part of any funds furnished by such city and may provide for the repayment thereof from the state highway fund. If such funds are derived from bonds issued pursuant to K.S.A. 68-437, any repayment thereof shall be deposited in the city general fund.
History: L. 1985, ch. 232, § 3; July 1.
History: L. 1985, ch. 230, § 1; Expired, July 1, 2001.
History: L. 1985, ch. 230, § 2; L. 1989, ch. 209, § 63; Expired, July 1, 2001.
History: L. 1985, ch. 230, § 3; Expired, July 1, 2001.
History: L. 1985, ch. 230, § 4; L. 1989, ch. 209, § 64; Expired, July 1, 2001.
(a) This section shall be known and may be cited as the Kyle Thornburg and Kylie Jobe believe act.
(b) The secretary of transportation shall establish and implement a DUI memorial signage program for highways under the secretary's jurisdiction, not including highways designated as city-connecting links. As part of such program, the secretary or the secretary's designee shall:
(1) Design a memorial sign that indicates the names and ages of victims killed in an accident where the driver of the other vehicle was under the influence of drugs or alcohol, the date of the accident and any other information as determined by the secretary; and
(2) design a logo, to be copyrighted, for use by organizations for public service announcements or other programs to increase awareness of the dangers of driving under the influence of drugs or alcohol.
(c) Upon the filing of an application for a DUI memorial sign, the secretary may cause such application to be examined for conformity with this section. Such application shall include the date of the accident, the names and ages of the victims which are to be placed upon the memorial sign and all other information required by the secretary. Upon confirmation by examination of the official accident report that the fatalities were the result of an accident with a driver who was under the influence of drugs or alcohol, in violation of the laws of Kansas, that the accident occurred on a highway that is under the jurisdiction of the secretary, not including city-connecting links, and that the driver of the vehicle the victim was in was not in violation of any Kansas law that was a cause of the accident, the secretary shall place a memorial sign along the highway right-of-way reasonably near the location of the accident, subject to the discretion of the secretary. Such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs.
(d) An application for a memorial sign as provided by this section may be filed by an immediate family member of a victim killed in the accident. If a request is received from an immediate family member to deny the application or remove the sign, then the application shall be denied or the sign removed.
As used in this section, "immediate family member" means father, mother, child, sibling, grandparent, grandchild or spouse.
(e) In addition to any fees required under subsection (c), the secretary may require a maintenance and renewal fee for such sign every 10 years after the year in which such sign was first placed. The secretary may remove any sign for which a maintenance and renewal fee has been charged but remains unpaid after 90 days.
(f) The secretary of transportation may adopt rules and regulations for the purpose of implementing the provisions of this section.
History: L. 2016, ch. 11, § 1; July 1.
History: L. 1933, ch. 110, §§ 1, 2 (Special Session); Repealed, L. 1953, ch. 302, § 1; June 30.
History: L. 1933, ch. 95, § 1 (Special Session); Repealed, L. 1953, ch. 302, § 1; June 30.
History: L. 1933, ch. 98, §§ 1 to 10 (Special Session); Repealed, L. 1953, ch. 302, § 1; June 30.
History: L. 1933, ch. 98, § 11 (Special Session); Repealed, L. 1953, ch. 302, § 1; June 30.
History: L. 1934, ch. 4, § 1; Repealed, L. 1953, ch. 302, § 1; June 30.
History: L. 1943, ch. 243, § 1; Repealed, L. 1951, ch. 383, § 1; June 30.
The board of county commissioners of each county shall appoint a licensed professional engineer, whose official title shall be county engineer. Such appointment may be terminated without cause on June 1 of any year by a majority vote of the board of county commissioners or may be terminated for cause at any time by the board of county commissioners or by order of the secretary of transportation for incompetency or by dissolution of a county engineer district: Provided, That all appointments of county engineers shall be approved by the secretary of transportation. The provisions of this section shall not disqualify any county engineer who is not a licensed professional engineer and who was holding office as county engineer on June 30, 1961, and any such person shall be eligible for appointment as a county engineer.
History: L. 1917, ch. 264, § 8; L. 1919, ch. 245, § 2; R.S. 1923, 68-501; L. 1961, ch. 299, § 11; L. 1975, ch. 427, § 114; August 15.
It shall be the duty of the county engineer, in conformity with the regulations and requirements of the secretary of transportation to:
(1) Prepare plans and specifications and estimates for roads, bridges and culverts to be built by the county;
(2) act for the county in all matters relating to the supervision of the construction, repairing, surfacing, resurfacing and maintenance of any roads, bridges or culverts, or anything pertaining to rivers, streams or watercourses, for which the county pays any part of the cost thereof;
(3) visit and inspect the highways and culverts in each township of the county or district which have been reported as unsafe or in need of repair, and advise and direct the township board and the road overseer of each township as to the best methods of construction, repair, maintenance and improvement of such highways and culverts;
(4) prepare plans, specifications and general regulations governing the construction and maintenance of township roads and culverts, and upon request furnish copies of the same to the township board and to the road overseer of the several townships of the county or district;
(5) keep a record of all contracts and of all purchases of material, machinery or apparatus to be used in road construction, in excess of $10,000, approved by the county engineer in any township;
(6) study the soil conditions and collect information concerning the various deposits of gravel, stone, sand, clay and other road and bridge building materials, and to investigate and determine the most approved methods of using the same;
(7) make maps of the roads in the different townships of the county or district, and where there are no other records, or the records are incomplete, and when ordered by the county commissioners, the county engineer shall make maps of plats and file them in the offices of the county clerk and township clerk, which when passed upon and adopted by the board of county commissioners shall be the records of such roads where there are no other records, and shall be additional and supplemental records when the former records are incomplete or imperfect;
(8) answer inquiries and to hold at least one public meeting annually to advise with highway officials in road, bridge and culvert improvement, and to perform all other duties required by law.
History: L. 1917, ch. 264, § 9; R.S. 1923, 68-502; L. 1961, ch. 299, § 12; L. 1975, ch. 427, § 115; L. 1984, ch. 253, § 1; July 1.
In any county where there is not a sufficient amount of road and bridge work to keep the county engineer employed throughout the year, the board of county commissioners of any such county, with the approval of the secretary of transportation, may unite with the board of county commissioners of an adjoining county or counties and form a county engineer district and employ a county engineer for the two or more counties included in such district. The boards of county commissioners of any such county engineer district, with the approval of the secretary of transportation, may reduce or increase the size of the district or dissolve the district as the conditions may warrant or demand, but no district so formed shall be altered or dissolved in less than one year from the date of such formation.
History: L. 1917, ch. 264, § 10; L. 1919, ch. 245, § 3; L. 1975, ch. 427, § 116; L. 1994, ch. 57, § 1; July 1.
The board of county commissioners of each county shall provide the county or district engineer with suitable offices, conveniently situated, and such assistants, equipment, supplies and clerical help as are necessary for the proper performance of his duties: Provided, That in counties having a population of more than five thousand (5,000) and less than seven thousand (7,000), with an assessed valuation of more than fourteen million dollars ($14,000,000) and less than seventeen million dollars ($17,000,000), in which there is located a city of the second class and at least two cities of the third class, the salaries, expenses, and clerk hire provided for herein may be paid out of the general fund, or out of the consolidated road and bridge fund, as other county bills are paid.
History: L. 1917, ch. 264, § 13; R.S. 1923, 68-504; L. 1957, ch. 360, § 1; June 30.
Before entering upon his duties the county engineer shall give a bond unto the state of Kansas with surety to be approved by the board of county commissioners in the sum $2,500, conditioned upon the faithful discharge of his duties and the protection, care and return of all property of the county which may come into his custody: Provided, Where the county engineer districts have been formed the bond shall be made payable to the state of Kansas for use of each county forming such district.
History: L. 1917, ch. 264, § 14; March 7; R.S. 1923, 68-505.
(a) In any county which has not adopted the county unit road system, it shall be the duty of the board of county commissioners with the approval of the county engineer to classify and designate the roads and highways within such county within the following classes:
(1) "County major collector roads" which shall include all county roads and highways designated for inclusion in the major collector road system in accordance with K.S.A. 68-1701 to 68-1704, and amendments thereto;
(2) "county minor collector roads" which shall include all county roads and highways, not designated for inclusion in the major collector road system, which are other main traveled roads utilized primarily for the movement of traffic between different areas of the county;
(3) "township minor collector roads" which shall include all township roads and highways not designated for inclusion in the major collector road system, which are other main traveled roads utilized primarily for the movement of traffic between different areas of the county; and
(4) "township or local service roads" which shall include all township roads and highways not designated for inclusion in the major collector road system or as county or township minor collector roads or highways.
(b) The county engineer and the board of county commissioners may shift road or highway mileage from one county road or highway classification to another as continuing study indicates that such changes are needed by reason of changing traffic needs or for other reasons substantiated by engineering analysis, except that no road or highway mileage may be shifted to or from the major collector road system except as provided in article 17 of chapter 68 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1917, ch. 264, § 15; L. 1921, ch. 219, § 1; R.S. 1923, 68-506; L. 1925, ch. 211, § 1; L. 1935, ch. 249, § 1; L. 1945, ch. 267, § 1; L. 1949, ch. 344, § 4; L. 1961, ch. 299, § 13; L. 1975, ch. 427, § 117; L. 1986, ch. 252, § 2; L. 1988, ch. 270, § 2; L. 2005, ch. 84, § 4; July 1.
The governing body of the city through which any such public highway shall pass, and which said city shall be declared a benefit district under the provisions of K.S.A. 68-506, shall be authorized to bear its proportion of the cost of constructing said highway at the cost of said city, and the same shall be collected by a tax levied upon all the taxable property within said city, and where the mayor and council of said city shall deem it necessary, they are hereby authorized to issue bonds of said city to pay the cost thereof, bearing interest not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and payable in approximately equal annual installments over a period of not to exceed fifteen (15) years, and shall levy a tax upon the taxable property of said city for the purpose of meeting the interest payments upon said bonds and to pay the principal at maturity, and should the mayor and council fail to levy a tax for the purpose of making the payments of interest and principal as herein provided for, then it shall be the duty of the board of county commissioners of said county to levy a tax upon the taxable property of said city and cause the same to be placed upon the tax rolls and collected the same as other taxes of said city.
History: L. 1925, ch. 211, § 2; L. 1970, ch. 64, § 79; L. 1978, ch. 99, § 35; April 25.
Where any city of the state, a part of whose boundary is formed by a state line between this and any other state, has heretofore begun proceedings by resolution, ordinance or otherwise, whereby the board of county commissioners of the county in which such city is located has undertaken, under the provisions of K.S.A. 68-506, and amendments thereto, and such resolution has been adopted by the board of county commissioners, whereby such city has been declared a benefit district, and such road through such city has been declared a public utility, such proceedings shall not by reason of the passage of this act be invalidated or set aside. Such action and the proceedings taken thereunder are hereby ratified, confirmed and validated. It is the duty of the board of county commissioners in conjunction with the governing body of such city, subject to the approval of the secretary of transportation, to proceed with the work, or to advertise for and let contracts in the manner provided for by law in other cases for the construction of other highways, so as to connect the roads so constructed to the city limits on either side of such city.
Where it has become necessary to leave the route heretofore or hereafter proposed to be used as a portion of the road or street connecting such highways at the city limits, in order to eliminate steam or electric grade crossings, or any other dangerous places on such highways, or to conform to the requirements of the Kansas department of agriculture or the United States bureau of public roads to obtain federal aid upon such road, or any part thereof, the county engineer and board of county commissioners, in conjunction with the governing body of such city, shall change the route so as to eliminate such dangerous crossings, or other dangerous places. The governing body of such city shall proceed to designate or acquire by purchase or donation a right-of-way for such street along the route over which such road may be relocated. Where the right-of-way for such purpose cannot be obtained by donation or purchase the city council is hereby authorized to condemn a right-of-way for such purpose in the manner provided for by article 2, chapter 26 of the Kansas Statutes Annotated, relating to the opening, widening or extending any street, insofar as the same is applicable.
History: L. 1925, ch. 211, § 3; L. 1975, ch. 427, § 118; L. 2004, ch. 101, § 174; July 1.
Upon the completion of any improvement under the provisions of this act the county commissioners shall meet at their office and apportion to the cost thereof as follows:
(a) If all or any portion of said improvement is entitled to and does receive federal or state aid or donations, the same shall be applied to the cost of the improvement for the purpose and to the extent for which the same was given.
(b) The remainder of the cost shall be apportioned, fifty percent to the county and fifty percent to the city through which said road shall pass.
All bonds issued or taxes levied under the provisions of this act shall be in addition to all other tax levies or bond issues authorized by law.
History: L. 1925, ch. 211, § 4; March 13.
All roads improved under the provisions of this act shall after their completion be maintained and kept in repair by the city in which the same may be located.
History: L. 1925, ch. 211, § 5; March 13.
History: L. 1929, ch. 230, § 1; Repealed, L. 1986, ch. 253, § 1; April 24.
The board of county commissioners of any county and the governing body of any city having a population of less than 5,000 which is located within such county are hereby authorized to enter into agreements for the maintenance of streets within such cities which form connecting links in the system of county roads and highways included in the major collector road system pursuant to article 17 of chapter 68 of the Kansas Statutes Annotated, and amendments thereto, or in the system of county minor collector roads and highways. Such agreements may provide for the maintenance of such connecting links by such cities and the reimbursement or payment of compensation to such cities by the county therefor. In the absence of agreement between the county and such cities regarding the maintenance of such connecting links it shall be the duty of the county to maintain all such connecting links in the county road and highway system. Payments to such cities for the maintenance of connecting links in county road and highway systems shall be made from the road and bridge fund of the county.
History: L. 1986, ch. 252, § 1; L. 2005, ch. 84, § 5; July 1.
Whenever any county major collector road or county minor collector road is located partly within and partly without a city or connects any such road or highway with a city, by and with the consent of the governing body, the board of county commissioners is hereby given power and authority and required to designate such public road or highway as a part of the county road or highway system. Such road or highway shall be improved and maintained as other parts of the county road system, except that the governing body of such city may aid in the construction, maintenance and improvement of such road or highway as it would were the road or highway wholly within the corporate limits of the city and may improve any such city boundary line road or street in the manner provided by K.S.A. 12-693, and amendments thereto. When a road or highway is being, or has been improved by the county where state or federal aid has been extended in the improvement of such road or highway, and such road or highway terminates at the city limits, and where a road or highway has been or shall be constructed with federal aid, which such road or highway terminates at a state line, and the state line is the corporate limits of a city within this state, the secretary of transportation is hereby authorized and empowered to extend federal aid, and the board of county commissioners, on the application of the governing body of the city, shall declare such city through which a street or streets form a connection between such roads or highways, a benefit district, and shall extend state aid on that part of the road or highway lying within the city limits in the same way and in the same manner as they extend aid in the improvement of the road or highway outside of the city limits. The secretary of transportation is hereby authorized and empowered to cooperate and deal with the governing body of the city, board of county commissioners, or other interested parties that provide funds to take care of the local part of the costs of the improvement of the road or highway lying within the city limits, and such improvement shall be under the supervision and direction of the secretary as provided for in the improvement of other roads and highways of like nature in the county.
History: L. 2005, ch. 84, § 1; July 1.
History: L. 1917, ch. 264, § 16; R.S. 1923, 68-507; L. 1973, ch. 265, § 2; Repealed, L. 2004, ch. 39, § 1; July 1.
As soon as the county roads are so designated, the county engineer shall mark them upon some map which shows the public roads and section lines in the county, and for this purpose existing atlas maps may be used, provided the county roads selected are plainly marked thereon. The map shall be filed with the board of county commissioners of such county for correction and approval.
History: L. 1917, ch. 264, § 17; March 7; R.S. 1923, 68-508.
The county engineer and board of county commissioners, in designating the county road system, shall eliminate all steam or electric road grade crossings and all other dangerous places on the highways so far as practicable, by paralleling such steam or electric roads, constructing undergrade or overhead crossings, relocating the highways or using such other means as may be necessary to properly safeguard the traveling public. The expense of eliminating railroad crossings shall be divided between the railroad company and the county, in a fair and equitable proportion determined by the secretary of transportation, who shall determine the necessity for eliminating such crossing.
When the elimination, protection or improvement of a railroad grade crossing, as finally determined to be necessary by the secretary, requires the relocation, laying out, altering, widening or vacating of a highway, the board of county commissioners may purchase or acquire by donation any land required and, by order of the board, cause the highway to be relocated, laid out, altered, widened or vacated. Such order of the board of county commissioners shall cause any land so procured to become a public highway without further action. If the owner of any land required for the relocation, laying out, altering or widening of a highway for the purposes mentioned in this section refuses to sell or donate such land, the board of county commissioners shall exercise the right of eminent domain in the following manner:
The board of county commissioners by order shall determine the nature of the changes required in such road, the approximate amount and location of land required to be taken therefor and the time and place at which the road will be viewed. The board shall publish a notice once in the official county paper, not less than 15 days and not more than 25 days before the viewing of the road. A similar notice shall be sent by certified mail to the owners of lands affected by such change, at the address where the owner's tax statement is sent. Such notice shall set out the substance of the order and its date, the time and place the commissioners will begin to view the road and give all parties a hearing.
The board shall direct the county engineer to meet with it at such time and place, unless the new locations of roads made necessary by the changes have already been definitely surveyed and located. Upon the day stated in the notice, or on the following day, the county commissioners shall meet at the place stated in the notice and proceed to view the road and changes required; shall view all lands required to be taken for the relocation, laying out, altering or widening of the highway for the purposes described in this section; and shall appraise the value thereof and assess the damages thereto. The county commissioners shall forthwith file in the office of the county clerk of the county a written report of their findings, along with the plat of the road as changed. All applications for damages must be filed in writing with the county clerk on or before the first day of the next regular session of the board following the filing of the report. The board at such session shall finally determine the amount to be paid as damages to any owner of the land. The amounts so allowed shall be paid from the general fund or the road fund of the county.
The right of appeal from the award of damages made by the board of county commissioners shall be the same as is now provided by law in other road cases, but such appeal shall not delay any work upon or in relation to the road. If lands are appropriated for the relocation of any county or township road, which relocation is deemed necessary to avoid one or more railroad crossings or other dangerous places, the railroad company shall pay such part of the cost, not less than ½ or more than ¾, as determined by the secretary of transportation. Such part of the cost shall be paid by the railroad company to the county and shall be used to reimburse the funds from which the cost of land and damages were paid. The secretary of transportation, upon the request of any county or township board, may require suitable safety devices or warning signals at dangerous or obscure railroad crossings to indicate the approach of trains, which shall be installed and maintained by the railroad company. The secretary may require the removal of spoil banks and other obstructions to view and the grading of approaches to the tracks, the cost of which shall be borne by the railroad company and county or township jointly or severally in the proportions determined by the secretary. The secretary may require the construction of suitable warning signs at a distance of 200 to 300 feet on both sides of all railroad grade crossings if, in the judgment of the secretary, signs are necessary for the safety of travel. All such warning signs on township roads shall be erected by the townships and those on the county roads by the county.
History: L. 1917, ch. 264, § 18; L. 1919, ch. 245, § 5; R.S. 1923, 68-509; L. 1975, ch. 427, § 119; L. 1981, ch. 173, § 69; July 1.
History: L. 1917, ch. 264, §§ 19 to 24; R.S. 1923, 68-510 to 68-515; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1961, ch. 299, § 14; Repealed, L. 2004, ch. 39, § 1; July 1.
Boards of county commissioners may adopt the provisions of the county road unit system by resolution at a regular meeting of said board, and in the event of the filing with the county clerk of a petition signed by ten percent (10%) of the qualified electors in the county, the board of county commissioners shall adopt the provisions of the county road unit system by resolution at the next regular meeting of said board: Provided, That in either event said resolution shall be published in a newspaper of general circulation in the county for at least three (3) consecutive weeks: Provided further, That such adoption shall take effect ninety (90) days after date of the first publication of the resolution providing for such adoption unless within such time there is filed with the county clerk a petition signed by ten percent (10%) of the qualified electors in the county protesting such adoption, in which event the board of county commissioners is hereby required to submit the question of a county road unit system to the electors of the respective counties.
History: L. 1961, ch. 299, § 15; June 30.
(a) All the roads and highways in county unit road counties shall be classified, constructed and maintained according to the following classification system:
(1) "County major collector roads" which shall include all county roads and highways designated for inclusion in the major collector road system in accordance with K.S.A. 68-1701 to 68-1704, and amendments thereto;
(2) "county minor collector roads" which shall include all county roads and highways, not designated for inclusion in the major collector road system, which are other main traveled roads utilized primarily for the movement of traffic between different areas of the county; and
(3) "local service roads" which shall include all public roads and highways not designated for inclusion in the major collector road system and not designated as county minor collector roads or highways and not included in the state highway system or other state or federal systems.
(b) Such classification shall be made by the board of county commissioners, with the approval of the county engineer. The county engineer and the board of county commissioners may shift road or highway mileage from one road or highway classification to another as continuing study indicates that such changes are needed by reason of changing traffic needs or for other reasons substantiated by engineering analysis, except, that no road or highway mileage may be shifted to or from the major collector road system except as provided in article 17 of chapter 68 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1917, ch. 264, § 25; L. 1919, ch. 245, § 7; R.S. 1923, 68-516; L. 1929, ch. 224, § 1; L. 1931, ch. 248, § 1; L. 1947, ch. 341, § 1; L. 1949, ch. 345, § 1; L. 1949, ch. 344, § 5; L. 1961, ch. 299, § 16; L. 1986, ch. 252, § 3; L. 2005, ch. 84, § 6; July 1.
Upon the adoption of the county road unit system in any county, the township board of any township in such county shall forthwith pay over to the county treasurer of such county any and all unused money or funds or surplus funds in the hands of such township board which have been received or acquired by such township from any source for road purposes or for the purchase of machinery or equipment for the construction and maintenance of roads. Upon receipt of said funds and moneys, the county treasurer shall credit the same to a special fund for each such township and the board of county commissioners shall expend said special fund for the construction and maintenance of roads in the township from which it was received, which expenditure shall be in addition to funds expended by the county in such township from the regular county road and bridge fund.
The county treasurer shall likewise credit and transfer to said special fund of each township all tax moneys in his hands on the date the county road unit system is adopted which were received by him in payment of taxes levied by such township for road purposes and all such taxes thereafter collected by him, and he shall likewise credit and transfer all other moneys in his hands on the date of adoption of the county road unit system which were received by him for the use of such township for road purposes. The provisions of this section shall also be applicable to counties which have adopted the county road unit system prior to the date this act takes effect and to all townships and township boards in such counties.
History: L. 1931, ch. 252, § 1; L. 1949, ch. 345, § 2; March 16.
Upon the adoption of the county road [unit] system in any county, the township board of any township in such county shall forthwith turn over and deliver to the board of county commissioners of such county any and all road machinery and equipment which such township has acquired for the purpose of constructing and maintaining township roads. Upon making such delivery, the township board shall file with the county clerk the name of some qualified elector of such township who shall be an appraiser in behalf of the township of such machinery or equipment.
Within ten (10) days after the filing of the name of said township elector with the county clerk, the board of county commissioners shall file with the county clerk the name of a qualified elector of the county who does not reside in such township who shall be the representative of the county as an appraiser of such machinery or equipment. Within five (5) days thereafter, the township appraiser and the county appraiser shall meet and select a third appraiser. Said three appraisers shall constitute a board of appraisers for the purpose of fixing the value of the road machinery and equipment so delivered to the county by the township and they shall forthwith make such appraisal. In making such appraisal, said board of appraisers shall deduct the amount, if any, which the township board owes for any such machinery to any person from whom leased or purchased. The amount of such appraisal shall be certified by the board of appraisers and filed in the office of the county clerk and the county treasurer. Each of such appraisers shall receive the sum of fifteen dollars ($15) for making such appraisal which shall be paid by the county commissioners from the county road and bridge fund.
Within two (2) years after the filing of such appraisal, the board of county commissioners shall expend for the construction and maintenance of roads in the township from which such road machinery and equipment was received an amount of money equivalent to the appraised value of such machinery and equipment which expenditure shall be in addition to funds expended by the county in such township from the regular county road and bridge fund. That if any of such machinery and equipment so delivered to the county was purchased or leased by the township under a contract of purchase or lease and such contracts provide that the township upon making further payments would receive title to said machinery and equipment, then the county shall assume said contracts as to future payments and be liable therefor, which payments shall be made from the county road and bridge fund. All copies of such contracts in the hands of the township board shall forthwith be delivered by the township clerk to the county clerk.
History: L. 1949, ch. 345, § 3; March 16.
If the board of county commissioners shall determine that there are insufficient funds in the county road and bridge fund to pay the cost of the construction and maintenance of roads necessary to compensate such a township for the transfer of such road machinery and equipment, or, to pay the cost of making payments on the contracts of purchase or lease of road machinery and equipment assumed by the county under the provisions of K.S.A. 68-516b, said board may issue no-fund warrants for the purpose of paying such costs: Provided, That the total amount of such warrants issued shall not exceed the total appraised value of all such road machinery and equipment received from all townships plus the amount necessary to make such payments on the contracts of purchase or lease of road machinery and equipment assumed by said county. The proceeds received from the sale of said warrants shall only be used for the purposes for which the warrants are authorized to be issued.
Whenever any board of county commissioners shall issue warrants under the provisions of this section, said board shall make a tax levy, at the first tax levying period after such warrants are issued sufficient to pay the same and the interest thereon: Provided, That if the board of county commissioners shall deem it advisable not to make all of such levy in any one year, then said board may make an annual tax levy at not more than the next three tax levying periods occurring after the issuance of said warrants, the total of which levies shall be sufficient to pay said warrants and the interest thereon. The warrants shall be issued, registered, redeemed and bear interest in the manner and be in the form prescribed by K.S.A. 79-2940, and any amendments thereto, except such warrants shall not contain the notation required by said section, and any surplus existing after the redemption of said warrants shall be handled in the manner prescribed in K.S.A. 79-2940.
Such board of county commissioners is hereby authorized and empowered to expend all moneys raised by no-fund warrants issued under the provisions of this section although such expenditures were not included in the budget for the year during which such expenditures are made. The tax levy herein authorized shall be in addition to all other tax levies authorized or limited by law, and shall not be subject to or within any tax levy limit or aggregate tax levy limit prescribed by K.S.A. 79-1947 or any amendments thereto.
History: L. 1949, ch. 345, § 4; March 16.
History: L. 1949, ch. 345, § 5; Repealed, L. 1961, ch. 300, § 1; June 30.
If the township board of any township which is located in a county operating under the county road unit system and which township shall not have made an ad valorem tax levy for its general fund for one (1) or more years immediately preceding shall determine, by resolution, there is a surplus in the general fund of such township, then said township board may direct the treasurer of such township to pay a stated amount of such surplus out of the general fund of such township to the county treasurer, and upon receipt of said payment the county treasurer shall credit the same to a special fund and the board of county commissioners shall expend such special fund for the construction and maintenance of roads in the township from which such payment was received, which expenditure shall be in addition to funds expended by the county in such township from the regular county road and bridge fund.
History: L. 1949, ch. 345, § 6; March 16.
Any county in this state which has heretofore adopted or may hereafter adopt the county road unit system may at any general election after two years from the date of such adoption abandon the county road unit system and return to the original county and township road system prevailing in the county before the adoption of the county road unit system: Provided, That every outstanding contract made by such county while operating under the provision of the county road unit system be fully satisfied and complied with.
History: L. 1923, ch. 177, § 1; R.S. 1923, 68-517; L. 1929, ch. 224, § 2; February 25.
The election provided in K.S.A. 68-517 shall be called by the board of county commissioners upon the presentation of a petition signed by at least 20 percent of the qualified electors of the county which shall be filed with the county clerk. At any such election the votes shall be taken for and against the county road unit system and if the majority of the votes cast at such election be against the county road unit system, then the county shall be restored to the original county and township road system.
History: L. 1923, ch. 177, § 2; R.S. 1923, 68-518; L. 1929, ch. 224, § 3; February 25.
History: L. 1949, ch. 350, §§ 1, 2; Repealed, L. 1951, ch. 482, § 2; June 30.
(a) The township board of any township located in a county not operating under the county road unit system, is hereby authorized to make an annual tax levy of not to exceed five mills for road purposes which will be sufficient, when added to other revenues available for such purposes, to finance the adopted budget of expenditures for road purposes.
(b) The township board of any such township desiring to increase the authorized limit existing on the effective date of this act may adopt a resolution authorizing such levy and shall publish the same once each week for three consecutive weeks in a newspaper of general circulation in the township. If within 30 days after the date of the last publication of such resolution a petition, signed by electors of the township equal in number to not less than 10% of the qualified electors of the township who voted for the office of governor at the last general election for such office, is filed in the office of the county election officer no such increased levy shall be made without having been approved by a majority of the electors of the township voting at an election called and held thereon. All elections held under the provisions of this section shall be called and held in the manner prescribed by K.S.A. 10-120, and amendments thereto.
(c) Taxes imposed under this section shall be levied on all the taxable tangible property in the township outside of incorporated cities, and the moneys derived therefrom shall be used for the construction, reconstruction, improvement, repair and maintenance of township roads and culverts.
History: L. 1949, ch. 350, § 3; L. 1957, ch. 361, § 1; L. 1970, ch. 385, § 3; L. 1980, ch. 327, § 1; L. 1999, ch. 154, § 51; May 27.
History: L. 1917, ch. 264, § 26; R.S. 1923, 68-519; Repealed, L. 1961, ch. 300, § 1; June 30.
The board of county commissioners may, in constructing, surfacing, repairing or maintaining the county roads, let contracts for all or any part of such work, or said board may buy the materials and contract all or any part of the labor, or may purchase or rent machinery and other equipment, and employ labor, under the direction of the county engineer: Provided, That before beginning to construct, surface or repair any road by day labor, the approved plans and specifications and an estimate of the cost must be filed in the office of the county clerk. On all day-labor work the county engineer shall keep an accurate itemized account of the expenditures for labor, materials and work performed and file a sworn statement of the same in the office of the county clerk at the end of each month, and a final statement when the work is completed.
History: L. 1917, ch. 264, § 27; March 7; R.S. 1923, 68-520.
(a) The board of county commissioners before awarding any contract for the construction, surfacing, repairing or maintaining of any road as provided in K.S.A. 68-520, and amendments thereto, when the county engineer's estimated cost of such improvement is more than $25,000, shall have the approved plans and specifications which have been adopted by order of the board for such work filed in the county clerk's office or in some other county office designated by the board at least 20 days prior to the time of the letting.
The county clerk or some other county officer designated by the board shall give not less than 20 days' notice of the letting by publication in at least two consecutive weekly issues of the official county paper, the first publication of such notice to be not less than 20 days prior to such letting. The notice shall specify with reasonable minuteness the character of the improvement contemplated, where it is located, the kind of material to be used, the hour, date and place of letting of such contract, when the work is to be completed, and invite sealed proposals for the same. Such other notice may be given as the board may deem proper. All bids shall be made on the proposal blanks furnished by the county, signed by the bidder, sealed and delivered, or sent by mail, by the bidder, or the agent or attorney thereof, to the county clerk or to some other county officer designated by the board. The letting of all contracts shall be conducted in such manner as to give free, open competition, and all qualified bidders, shall be given an equal opportunity to bid upon the plans and specifications on file. Each bidder shall be required to accompany the submitted bid with a bid surety in an amount equal to 5% of the bid amount in the form prescribed by the board as a guarantee that, if the contract is awarded to the bidder, the bidder will enter into the contract with the board. If a bidder fails to enter into the contract when awarded to the bidder, the bid surety shall become the property of the county as its liquidated damages and shall be paid to the county treasurer for credit to the general fund of the county, and the board may award the contract to the next lowest responsible bidder. The bids shall be opened publicly by the board or a designee thereof at the place, date and hour named in the advertising notice, and all bids shall be considered, and accepted or rejected.
In case the work is let at such public letting or thereafter, the contract shall be awarded to the lowest responsible bidder, or the board, if it deems the proposals too high, may reject all bids, and readvertise the work as before. No such contract shall be let at an amount exceeding 110% of the county engineer's estimated cost of the work. No such contract shall be considered as awarded unless the contractor shall within 21 days after the letting enter into contract and shall give the bond required by K.S.A. 60-1111, and amendments thereto, and a performance bond to the county in a penal sum equal to the amount of the contract price, conditioned upon the faithful performance of the contract, payable to the county upon failure to comply with the terms of the contract. The contractor shall file with the county clerk the bonds, which shall be approved by the chairperson of the board and the county attorney by their signatures indorsed thereon.
(b) The provisions of subsection (a) shall not apply to contracts for the expenditure of county moneys for the reconstruction or repair of a road if:
(1) The road has been damaged or destroyed as a result of a disaster;
(2) the governor has declared the county, or that part of the county in which the road is located, a disaster area;
(3) the board of county commissioners finds that a hardship would result if the road is not immediately reconstructed or repaired;
(4) the board of county commissioners has obtained an estimate of the cost of the reconstruction or repair of the road from the county engineer. If there is no county engineer, the board shall obtain such estimate from the Kansas department of transportation; and
(5) the contract for the reconstruction or repair of the road is awarded within 60 days of the governor's declaration required by paragraph (2).
(c) The county attorney or county counselor shall meet with and advise the board of county commissioners in all matters pertaining to letting and making of all contracts under this act. The board may make partial payments, on the written estimate of its county engineer, upon any contract work as the same progresses, but not more than 95% of the estimate of the materials furnished and work done, or of the contract price, shall be paid in advance of the full and satisfactory completion of the contract. Final payment shall not be made on any such contract until the county engineer has inspected the work and certified in writing that it has been properly done and completed in accordance with the contract, plans and specifications, and the county engineer's certificate to that effect has been filed in the office of the county clerk or some other county officer designated by the board.
History: L. 1917, ch. 264, § 28; L. 1919, ch. 245, § 8; R. S. 1923, 68-521; L. 1973, ch. 106, § 24; L. 1987, ch. 97, § 2; L. 1993, ch. 84, § 1; L. 1994, ch. 119, § 3; L. 2005, ch. 81, § 1; L. 2008, ch. 148, § 8; July 1.
All bills for county road work, tile and tiling, culvert and bridge construction, or for repairs designated by the county engineer, shall be filed in itemized form and certified to as correct by the county engineer before being allowed by the board, and before warrants in payment therefor are drawn.
History: L. 1917, ch. 264, § 29; March 7; R.S. 1923, 68-522.
The township trustee, clerk and treasurer of each municipal township in this state shall constitute the township board of highway commissioners for their respective townships. The township trustee shall be the chairman and the township clerk shall be the clerk of the township board of highway commissioners.
History: L. 1917, ch. 264, § 30; March 7; R.S. 1923, 68-523.
The township board of highway commissioners shall hold regular meetings on the last Monday of March, June, September and December, and special meetings, as the occasion may require, at the call of the chairman or any two of the commissioners: Provided, That no bills shall be allowed or any other official business transacted except at a regular meeting or a special meeting at which all of the commissioners have had notice and at which at least two are present.
History: L. 1917, ch. 264, § 31; March 7; R.S. 1923, 68-524.
The clerk of the township board shall keep an accurate record of all official acts, and a detailed record of the proceedings of the board, in a well-bound book, to be provided by the township for that purpose. The record shall be signed by the chairperson and the clerk and kept open for inspection at any reasonable time. The record and system of township accounting shall be uniform throughout the state. Each of the township highway commissioners shall receive compensation for the time actually and necessarily spent while performing duties as township highway commissioners. The amount of such compensation shall be determined by the township board as provided by K.S.A. 80-207, and amendments thereto. The board of township highway commissioners may employ one or more of the members of the board of township highway commissioners to perform work and labor on the township roads of such township and bridges thereon. The amount of compensation for such work shall be determined by the township board as provided by K.S.A. 80-207, and amendments thereto.
History: L. 1917, ch. 264, § 32; L. 1919, ch. 251, § 1; R.S. 1923, 68-525; L. 1941, ch. 310, § 2; L. 1943, ch. 237, § 1; L. 1957, ch. 362, § 1; L. 1965, ch. 394, § 1; L. 1982, ch. 429, § 1; L. 1984, ch. 253, § 3; L. 1996, ch. 184, § 1; May 2.
In all counties operating under the county-township system, the township board shall have the general charge and supervision of all township roads and township culverts in their respective townships. The board shall procure machinery, implements, tools, drain tile, stone, gravel and any other material or equipment required, for the construction or repair of such roads and culverts. All work shall be done in accordance with any plans and specifications and general regulations prepared and furnished by the county engineer. The township board shall place and maintain all such traffic-control devices for township roads as provided by K.S.A. 8-2005, and amendments thereto.
History: L. 1917, ch. 264, § 33; R.S. 1923, 68-526; L. 1961, ch. 299, § 17; L. 1984, ch. 253, § 2; L. 2003, ch. 87, § 2; L. 2018, ch. 80, § 2; July 1.
Where any township or county road is located as by law provided, upon the dividing line between two townships or two counties, it shall be the duty of the township boards of highway commissioners, or the boards of county commissioners of the townships or counties between which such road may be located to maintain, repair or improve said road between the two townships or counties, and it shall be the duty of the township boards or boards of county commissioners to supervise and provide for the maintenance, repair and improving of such roads: Provided, That in case such road or roads do not, in the judgment of the two county boards having jurisdiction, have sufficient travel to make their upkeep sufficiently necessary to the public, the county commissioners of the two counties may, when both boards concur, cause such road or roads to be vacated according to law and closed under the same conditions as provided by statute for the closing of a road within the county: And provided further, That in case a road is located on the dividing line of two counties and is a county road, then it shall be the duty of the adjoining counties to repair, maintain and improve said road as above provided, but if the road be a township road, then it shall be the duty of the adjoining townships to repair, maintain and improve such road.
History: L. 1917, ch. 264, § 34; R.S. 1923, 68-527; L. 1927, ch. 250, § 1; June 1.
Whenever a dispute arises over the maintenance, improvement and/or inspection of roads located on county lines or township lines on designated county line roads as provided for in K.S.A. 68-507 and 68-527, the district court of the county in which the road is located shall have jurisdiction to hear and settle the dispute. If the decision involves a designated county line road, the district court of any county which adjoins such county line road shall have jurisdiction of and it shall be its duty to hear and settle the dispute. If an action is filed in more than one district court, the last action filed shall be dismissed on motion. Appeals to the supreme court may be taken from the decision of the district court.
History: L. 1973, ch. 265, § 1; July 1.
History: L. 1917, ch. 264, § 35; R.S. 1923, 68-528; L. 1927, ch. 250, § 2; L. 1975, ch. 426, § 58; Repealed, L. 2004, ch. 39, § 1; July 1.
Where a road is located on a county, township or city line, and by reason of any impediment, natural or otherwise, any portion of such road suffers a deflection from such line not exceeding forty rods parallel distance, then for the purpose of repairing, maintaining and improving such road it shall be treated the same as though it were actually on such county, township or city line, and all expenses either in money, material or labor necessary to repair, maintain and improve any portion of said road shall be borne jointly by the counties, townships and cities contiguous thereto as provided in other like cases.
History: L. 1917, ch. 264, § 36; R.S. 1923, 68-529; L. 1927, ch. 250, § 3; June 1.
The township board, with the approval of the county engineer, shall appoint, on merits only, a competent experienced road builder for road overseer for the entire township. The township road overseer shall have charge of the construction and maintenance of all township roads, bridges and culverts, under the supervision of the township board and the county engineer. When in the opinion of the county engineer the conditions demand it, the overseer may appoint one or more competent assistants, subject to the approval of the township board. The township board may designate a member of the township board to act as road overseer. Compensation and the cost of benefits provided to such officer for such work and labor shall be determined by the township board as provided by K.S.A. 80-207, and amendments thereto.
History: L. 1917, ch. 264, § 37; R.S. 1923, 68-530; L. 1943, ch. 238, § 1; L. 1973, ch. 266, § 1; L. 1995, ch. 232, § 3; L. 1996, ch. 184, § 2; May 2.
The compensation of the road overseer and assistants shall be fixed by the township board at such rate as may be reasonable for the time actually employed in the performance of their duties. In townships where a township board member has been designated as road overseer under K.S.A. 68-530, and amendments thereto, and when such board member is paid by the day and not by contract, such board member shall be compensated in an amount determined by the board as provided by K.S.A. 80-207, and amendments thereto. Before entering upon such duties, the overseer shall give bond unto the township, with surety to be approved by the township board, in the sum of $1,000, conditioned upon the faithful discharge of such duties and the protection, care and return of all property of the township which may come into the overseer's custody. The township overseer and any assistants, if any, shall hold office at the pleasure of the township board.
History: L. 1917, ch. 264, § 38; L. 1919, ch. 245, § 9; R.S. 1923, 68-531; L. 1943, ch. 238, § 2; L. 1957, ch. 362, § 2; L. 1996, ch. 184, § 3; May 2.
The township board, in letting contracts and in employing labor for the construction or maintenance of township roads, shall follow the same proceedings and regulations as herein provided for county roads, so far as the same are applicable.
History: L. 1917, ch. 264, § 39; March 7; R.S. 1923, 68-532.
History: L. 1917, ch. 264, § 40; R.S. 1923, 68-533; L. 1927, ch. 250, § 4; L. 1975, ch. 427, § 120; Repealed, L. 2004, ch. 39, § 1; July 1.
The county engineer, with the approval of the township board of highway commissioners, shall determine what township roads shall be dragged, which shall include all graded rural mail route roads, and shall each year contract with or employ some person or persons to drag the graded roads in their respective townships at such times and upon such terms as the board and the county engineer shall direct. The said board shall have the power to bind the township to pay a reasonable compensation for dragging such roads: Provided, The width to be dragged, shall not be less than 16 feet.
The county engineer, with the approval of the board of county commissioners, shall determine what county roads shall be dragged, and shall arrange each year with some person or persons to drag the county roads within the county at such times and upon such terms as the board and the county engineer may direct.
The board shall pay a reasonable compensation for dragging such roads: Provided, That upon the recommendation of the county engineer, either the board of county commissioners or the township board of highway commissioners may contract with or employ some person or persons to act as patrolman and to drag and maintain any specified section of roads under their control and to make any slight repairs needed on any bridge or culvert thereon, and the said board of county commissioners and township board of highway commissioners are hereby authorized to pay any such patrolman a reasonable compensation for such maintenance work in addition to the agreed amount for dragging: Provided, That all labor performed upon the county roads for dragging, patrolling and maintaining shall be paid for out of the county road fund on vouchers approved by the county engineer; and all labor so performed on township roads out of the township road fund on vouchers approved by the road overseer: And provided further, That any person or persons employed, or who shall take a contract to drag, patrol or maintain any road, county or township, who shall make a false return of the number of miles dragged, or the time spent on other work, or the amount of work done by him, or at the time which such dragging or other work was done, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be fined in a sum not less than $25, nor more than $500: And provided further, That any officer under the authority of this section who shall neglect or refuse to enforce the provisions of this section as related to the dragging of roads or highways shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than $10, and not more than $250.
History: L. 1917, ch. 264, § 41; March 7; R.S. 1923, 68-534.
History: L. 1917, ch. 264, § 42; R.S. 1923, 68-535; Repealed, L. 1970, ch. 385, § 14; July 1.
The township treasurer shall receive from the county treasurer the road tax in compliance with the provisions of this act, and the township board of highway commissioners shall appropriate the same for the construction, maintenance and drainage of township roads and township bridges and culverts, and for overseeing and supervising the same within their respective townships outside the corporate limits of cities, and for the purchase of tools, machinery and equipment to be used on such roads.
History: L. 1917, ch. 264, § 43; R.S. 1923, 68-536; L. 1925, ch. 212, § 1; March 23.
History: L. 1917, ch. 264, § 44; R.S. 1923, 68-537; L. 1961, ch. 299, § 18; L. 1965, ch. 394, § 2; Repealed, L. 1970, ch. 366, § 22; April 1.
Each township road overseer shall keep an accurate account of all labor and materials used by him in the construction, repair and maintenance of township roads and culverts on forms prescribed by the county engineer, and in such manner as will enable the township board to determine the actual cost of constructing, repairing and maintaining the roads and culverts under his jurisdiction. He shall make a careful, itemized, signed report of the same and present it to the township board on the first of each month following the month in which the bills were incurred.
History: L. 1917, ch. 264, § 45; L. 1919, ch. 245, § 10; R.S. 1923, 68-538; L. 1961, ch. 299, § 19; June 30.
It shall be the duty of the township clerk to make a full itemized signed statement to the county engineer of the work accomplished and the amounts expended upon the township roads and culverts during each calendar year. Said report shall include all work done by the township, the amount of money spent and how expended, and all other information provided for on the annual report blank forms furnished by the secretary of transportation. Said report shall be submitted to the county engineer within fifteen (15) days after the close of each calendar year. All reports shall be made on the standard forms prescribed by the secretary.
History: L. 1917, ch. 264, § 46; L. 1919, ch. 245, § 11; R.S. 1923, 68-539; L. 1961, ch. 299, § 20; L. 1975, ch. 427, § 121; August 15.
It shall be the duty of the county engineer or road supervisor to make a written report to the board of county commissioners of the work accomplished and funds expended upon all the roads and bridges for the current year, which shall close on the thirty-first day of December of each year. This report shall show which roads of the county and township systems have been completed or partially completed, and credit to such roads shall be shown upon the county road plan not later than April 15, and a copy of the report shall be immediately forwarded to the state transportation engineer upon standard printed forms.
History: L. 1917, ch. 264, § 47; L. 1919, ch. 245, § 12; R.S. 1923, 68-540; L. 1951, ch. 385, § 1; L. 1975, ch. 427, § 122; L. 1980, ch. 205, § 1; July 1.
All forms and blanks necessary to secure uniformity of records and reports in the system herein provided shall be prescribed by the secretary of transportation.
History: L. 1917, ch. 264, § 48; R.S. 1923, 68-541; L. 1975, ch. 427, § 123; August 15.
The county engineer shall call a one-day meeting of all of the county and township road officials in each county at least once each year, for the purpose of discussing any and all matters pertaining to the improvement of the highways, bridges and culverts of the county and of the several townships, and to devise means of systematizing and standardizing the work. County officials in attending such meetings shall each receive from the county the same compensation as specified by law for county work. Township officials shall be compensated in an amount determined by the township board as provided by K.S.A. 80-207, and amendments thereto.
History: L. 1917, ch. 264, § 49; R.S. 1923, 68-542; L. 1961, ch. 299, § 21; L. 1996, ch. 184, § 4; May 2.
(a) In counties having adopted the county unit road system, whenever it is necessary for a city or county to make a ditch along a public road in front of any property at such depth as will in the opinion of the officials in charge of such road obstruct access from such property with the public highway, it shall be the duty of the city engineer in cities and the county engineer in counties to cause to be constructed and maintained a substantial entrance over such ditch, so as to make a good, safe crossing. The city shall pay for such improvement on city streets and the county shall pay for such improvement on county roads. The cost of such culvert shall be paid by the owner of such property when such property does not have a culvert and the installation of such culvert is requested by the property owner or such property owner's agent. All moneys for the payment of such materials shall be deposited in the city general fund, in case of cities, or county road and bridge fund, in case of counties.
(b) Whenever any property owner shall request an additional culvert or new entrance on a county road, the culvert or new entrance may be installed by the county engineer and the cost charged to the property owner. The county engineer may require the property owner to deposit the estimated cost of such installation before installing and constructing the culvert or new entrance, or the property owner may install and construct such additional culvert or new entrance, but only after first obtaining approval of plans and permission to do so from the county engineer. Any such work shall be done by the owner subject to the direction and supervision of the county engineer.
(c) Whenever any property owner shall request an additional culvert or new entrance on a city street, the culvert or new entrance may be installed by the city engineer and the cost thereof charged to the property owner. The city engineer may require to property owner to deposit the estimated cost of such installation before installing and constructing the culvert or new entrance, or the property owner may install and construct such additional culvert or new entrance, but only after first obtaining approval of plans therefor and permission to do so from the city engineer. Any such work shall be done by the owner subject to the direction and supervision of the city engineer.
(d) It shall be a public offense for any property owner or other person to construct a culvert or entrance across any ditch along a public road without first having secured approval of the plans therefor and permission to do so from the county engineer for county roads or the city engineer for city streets. Any person who shall violate the provisions of this section shall, upon conviction thereof, be fined not less than $50 nor more than $100.
History: L. 1917, ch. 264, § 50; R.S. 1923, 68-543; L. 1953, ch. 303, § 1; L. 1957, ch. 363, § 1; L. 2004, ch. 38, § 2; July 1.
(a) In counties which have not adopted the county unit road system, whenever it is necessary to make a ditch along a public road in front of any property at such depth as will in the opinion of the officials in charge of such road obstruct access from such property with the public highway, it shall be the duty of the county engineer on county roads and the township board on township roads to cause to be constructed and maintained a substantial culvert over such ditch, so as to make a good, safe crossing. The county shall pay for such improvement on county roads and the township on township roads. The cost of such culvert shall be paid by the owner of such property when such property does not have a culvert and the installation of such culvert is requested by the property owner or such property owner's agent. All moneys for the payment of such materials shall be deposited in the county road and bridge fund in case of counties in the township road fund, in case of townships.
(b) Whenever any property owner shall request an additional culvert or new entrance on a county road, the culvert or new entrance may be installed by the county engineer and the cost charged to the property owner. The county engineer may require the property owner to deposit the estimated cost of such installation before installing and constructing the culvert or new entrance, or the property owner may install and construct such additional culvert or new entrance, but only after first obtaining approval of plans therefor and permission to do so from the county engineer. Any such work shall be done by the owner subject to the direction and supervision of the county engineer.
(c) Whenever any property owner shall request an additional culvert or new entrance on a township road, the culvert or new entrance may be installed by the township board and the cost charged to the property owner. The township board may require the property owner to deposit the estimated cost of such installation before installing and constructing the culvert or new entrance, or the property owner may install and construct such additional culvert or new entrance, but only after first obtaining approval of plans therefor and permission to do so from the township board. Any such work shall be done by the owner subject to the direction and supervision of the township board.
(d) It shall be a public offense for any property owner or other person to construct a culvert or entrance across any ditch along a public road without first having secured approval of the plans therefor and permission to do so from the county engineer for county roads or township board for township roads. Any person who shall violate the provisions of this section shall, upon conviction thereof, be fined not less than $50 nor more than $100.
History: L. 2004, ch. 38, § 1; July 1.
Any person owning land on both sides of the public road may at his own expense tunnel under such road from one side to the other, but he shall construct such tunnel so as not to endanger the public in the use of said road. Before constructing the said tunnel the landowner shall obtain from the officials in charge of such road and county engineer their approval of the place, the kind of tunnel, and the manner of constructing the same. The officials in charge of such road shall cause the necessary repairs to be made on said bridge or tunnel at the expense of the owner: Provided, That if a bridge or culvert is a necessary structure at the place where the owner desires such tunnel, the owner shall pay only the difference between the necessary cost of such structure and the cost of making it suitable for the passage of livestock under the roadway, such difference in cost to be ascertained and fixed by the county engineer. The actual cost of such repairs if not promptly paid by the owner of such land shall be certified by the county engineer to the county clerk, who shall enter the same upon the tax roll in a separate column as a tax charge against such land and the same shall be collected as other taxes are collected, and when collected shall be credited to the county road fund if a county road and to the proper township road fund if a township road.
History: L. 1917, ch. 264, § 51; March 7; R.S. 1923, 68-544.
It shall be unlawful for any person or persons to obstruct any portion of a public highway, including any portion of the entire right-of-way, in any manner with intent to prevent the free use thereof, or to make any holes therein, or to remove any earth, gravel or rock therefrom or any part thereof, or in any manner to obstruct any ditch on the side of any such highway and thereby damage the same, to dump trash, debris, sewage, or any other material, on any highway or any ditch on the side of any highway, or to plow any public highway for the purpose of scouring plows, or for any other purpose except for the improvement of such highway and as directed in writing by the county engineer and the township board of highway commissioners acting jointly. Any person or persons violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction before any court having competent jurisdiction shall be fined for each and every offense under this act in the sum of not more than $200, and shall pay costs of the action and the cost of cleaning the public highway and restoring it to its prior condition.
History: L. 1917, ch. 264, § 52; R.S. 1923, 68-545; L. 1951, ch. 386, § 1; L. 1961, ch. 305, § 1; L. 1984, ch. 254, § 1; July 1.
Revisor's Note: Later act, see 21-3722.
History: L. 1917, ch. 264, § 53; R.S. 1923, 68-546; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
The provisions of this act[*] shall not apply to the construction and maintenance of streets and highways within the corporate limits of cities, but shall apply to all other roads and highways in this state, except as provided in K.S.A. 68-506.
History: L. 1917, ch. 264, § 54; L. 1921, ch. 219, § 2; March 23; R.S. 1923, 68-547.
Any officer, who shall violate any of the provisions of this act; or who shall fail to perform his duty as required by this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be fined a sum not less than $25, nor more than $1,000, and shall forfeit his office, and it shall be a part of the judgment of the said court before whom the case is tried that such person be removed from office, and that he stand committed to the county jail until the fine and costs of the prosecution are paid.
History: L. 1917, ch. 264, § 55; March 7; R.S. 1923, 68-548.
Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof before any court of competent jurisdiction shall be fined in a sum not more than $500, and shall be committed to the county jail until such fine and cost of prosecution be paid.
History: L. 1917, ch. 264, § 56; March 7; R.S. 1923, 68-549.
No provision of this act shall be construed as repealing or superseding any special act now in force in any county of this state.
History: L. 1917, ch. 264, § 57; March 7; R.S. 1923, 68-550.
The board of county commissioners of every county shall cause to be inspected every county road upon which United States mail is carried and the highway commissioners of every township shall inspect, or cause to be inspected, every mail route within their township which is not located on a county road, after the occurrence of every storm, and as soon as possible after complaint is made, and shall at such times inspect the conditions of the culverts and bridges, and within a reasonable time repair the same, and remove from the highway all obstructions that may have been caused by the elements, and do everything reasonable to keep such mail routes clear and free for the distribution of the mail.
History: L. 1919, ch. 249, § 1; L. 1920, ch. 50, § 1; February 6; R.S. 1923, 68-551.
This act shall be supplemental to chapter 264[] of the Session Laws of Kansas for 1917 and chapter 245[] of the Session Laws of Kansas for 1919, and in no wise amendatory of the laws of the state of Kansas in regard to roads and highways.
History: L. 1919, ch. 249, § 2; L. 1920, ch. 50, § 2; February 6; R.S. 1923, 68-552.
The state transportation engineer shall provide uniform standard specifications for all lumber and timber products used in the construction of the state highways of the state of Kansas, and the county engineers of the state of Kansas shall provide uniform standard specifications for purchase of lumber and timber products for all county or township highways, bridges and culverts, and the specifications of all county engineers shall be clear and definite with reference to grade, quality, size, species and treatments required, and the same specifications shall be submitted to all bidders, and specifications for all classes of lumber and timber products shall be clear and nonconflicting: Provided, A county engineer may adopt the uniform standards and specifications of the state transportation engineer as the uniform standard specifications for his or her county.
History: L. 1935, ch. 254, § 1; L. 1961, ch. 299, § 22; L. 1975, ch. 427, § 124; August 15.
On purchases of lumber and timber products in quantities of one or more carloads county engineers shall furnish all bidders with identical proposals and specifications, and successful bidder shall be required to deliver materials in all respects the same as were described in the engineer's specifications, and shall furnish as evidence thereof certificate of inspection by an authorized lumber inspector representing the lumber manufacturers' associations or any other accredited lumber inspection agency; and also, in the case of materials treated with a preservative an affidavit shall be furnished, signed by an agent of the treating plant, or an agent of an accredited treating inspection agency, setting forth the kind and quality of preservative used, the method of impregnating the wood, and the quantity of the preservative finally retained therein.
History: L. 1935, ch. 254, § 2; May 15.
It shall be unlawful for any county to purchase and make payment of any invoice of lumber and timber products in quantities of one or more carloads for which invoice a certificate of inspection is not of official county record.
History: L. 1935, ch. 254, § 3; May 15.
No purchase of lumber and timber products in quantities of one or more carloads shall be made except after competitive bids have been tendered to the purchasing officer, or board; nor sooner than the tenth day after proposal forms have been made available to bidders; nor shall any change be made in specifications after publication unless the time for opening bids be extended ten days (or more) from the date of making such change: Provided, however, That in case of emergencies caused by floods or fires which have caused the highways or bridges to become unusable the provisions of this section shall be waived.
History: L. 1935, ch. 254, § 4; May 15.
The neglect or refusal of any officer charged with the administration of this act to enforce or comply with the provisions herein shall constitute a misdemeanor and on conviction shall be fined a sum not exceeding five hundred dollars ($500).
History: L. 1935, ch. 254, § 5; May 15.
History: L. 1939, ch. 244, §§ 1, 2; L. 1943, ch. 239, §§ 1, 2; Repealed, L. 1947, ch. 338, § 1; June 30.
The board of county commissioners of any county is hereby authorized to make an annual tax levy of not to exceed 2 mills upon all the taxable tangible property in the county for the purpose of construction and reconstruction of county roads and bridges and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. The tax levy may be made annually for a period not to exceed five years. The board of county commissioners shall determine the amount necessary to be levied each year within the limitation prescribed by this section. The tax levies shall be in addition to all other tax levies authorized by law and shall be in addition to the aggregate limit prescribed by K.S.A. 79-1947, and amendments thereto. Such special road and bridge fund shall not be subject to the provisions of K.S.A. 79-2925 to 79-2941, both sections inclusive, and amendments thereto, except that in making the budgets of such counties the amounts credited to and the amount on hand in, such special road and bridge fund and the amount expended therefrom shall be shown thereon for the information of the taxpayers of such counties.
In any county where the board of county commissioners has previously adopted the provisions of this section and at the conclusion of the five-year period additional funds for road and bridge purposes are needed, the board of county commissioners may extend the provisions of this section for an additional five years by adopting a resolution which shall be published once each week for two consecutive weeks in the official county newspaper, or if there is none, in a newspaper of general circulation therein. No such resolution shall take effect until 90 days after its final publication. If within 90 days of the final publication of such resolution, a petition signed by a number of electors equal to not less than 5% of the number of electors who voted at the last preceding regular election in such county is filed in the office of the clerk of such county demanding that such resolution be submitted to a vote of the electors it shall not take effect until submitted to and approved by a majority of the electors voting thereon. Any election held hereunder shall be noticed and held in the manner provided for general bond elections as set forth in K.S.A. 10-120, and amendments thereto. In the event that a resolution is submitted to a vote of the electors under this section, and the resolution is rejected by the voters, the board of county commissioners shall not adopt another resolution under this section to impose a tax levy of more than 1 mill sooner than 18 months after such election of rejection.
History: L. 1945, ch. 275, § 1; L. 1971, ch. 221, § 1; L. 1979, ch. 52, § 164; L. 1983, ch. 228, § 1; July 1.
When a sufficient fund has been created by the annual tax levy authorized by K.S.A. 68-559a, or, at any time after the second levy has been made, the board of county commissioners may make expenditures from the special road and bridge fund for the purpose of construction and reconstruction of county roads and bridges.
History: L. 1945, ch. 275, § 2; June 28.
The board of county commissioners of any such county may receive and use and have the benefit of any federal or state aid in so constructing and reconstructing such county roads and bridges.
History: L. 1945, ch. 275, § 3; June 28.
(a) In any county not operating under the county road unit system, any township in such county, pursuant to a written agreement with the board of county commissioners, may turn over the maintenance, repair and construction of township roads to the county as provided by this subsection. Any such agreement shall specifically state the duration of such agreement. The question of turning over the maintenance, repair and construction of the township roads to the county shall be submitted to a vote of the qualified electors of the township at the general election whenever there shall have been submitted to the board of county commissioners at least 60 days prior to the date of such general election a petition signed by 10% of the qualified electors of such township or a resolution of the township board calling for such election.
(b) Any township which has adopted the provisions of this act may abandon the provisions of this act, and take over the maintenance, repair and construction of township roads, as provided by this subsection. The question of abandoning the adoption of the provisions of this act shall be submitted to a vote of the qualified electors of the township at any general election after the date such township has adopted the provisions of this act, whenever there shall have been submitted to the board of county commissioners at least 60 days prior to the date of any such general election, a petition signed by at least 20% of the qualified electors of such township.
History: L. 1941, ch. 319, § 1; L. 1986, ch. 254, § 1; L. 1991, ch. 210, § 1; July 1.
Whenever any township has petitioned or voted to turn over the maintenance, repair and construction of the township roads to the county, as hereinbefore provided, the township board of such township is hereby authorized and directed to pay over to the board of county commissioners of such county any and all unused road money or funds or surplus funds and all other moneys received by such township for road purposes and in the hands of such township board and any road machinery or equipment owned by such township, to be used by the board of county commissioners for road work on the township roads in the township. The township board shall each year certify to the board of county commissioners, as is now prescribed by law, the aggregate amount to be raised by taxation for township road purposes within such township for the year next ensuing, and the board of county commissioners shall determine the rate of levy, and levy such rates as are now provided by law. Such taxes and all other moneys received by such township board for road purposes shall be placed by the county treasurer in a separate fund to be used by the county commissioners only for road work and improvement on township roads within the township: Provided, That the county shall not be obligated to spend on the roads and highways of such townships more money than is credited to said separate fund.
No rental charge shall be made by the county for the use of any machinery used on township roads in any such township except such rental as shall be mutually agreed upon by the said township board and board of county commissioners.
History: L. 1941, ch. 319, § 2; June 30.
History: L. 1941, ch. 317, §§ 1, 2; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1941, ch. 317, § 3; L. 1945, ch. 268, § 1; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1941, ch. 317, § 4; L. 1947, ch. 342, § 1; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1941, ch. 317, §§ 5 to 8; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1941, ch. 317, § 9; L. 1947, ch. 343, § 1; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1943, ch. 241, § 1; Repealed, L. 1996, ch. 63, § 1; July 1.
The board of county commissioners of any county, any township board of highway commissioners of the county or city governing body within such county are hereby authorized to enter into agreements for the construction, reconstruction or maintenance of any roads or streets. Such agreements also may provide methods of mutual assistance and cooperation whereby the machinery, equipment and employees of the county and township may be used for grading or bringing to grade township roads by the county or by the county and township and the completion and maintenance thereof by the township. Such agreements also may provide for the improvement and maintenance of city boundary line roads or streets in accordance with the provisions of K.S.A. 12-693, and amendments thereto. Any such agreement between a county and a township may require the county engineer, and it is hereby made the county engineer's duty in conformity therewith, to make all necessary surveys for the laying out or bringing to grade any of such township roads.
History: L. 1945, ch. 274, § 1; L. 1967, ch. 354, § 1; L. 1988, ch. 270, § 3; July 1.
Whenever the board of county commissioners of any county now or hereafter having a population of one hundred seventy-five thousand (175,000) or more, shall adopt, by and with the approval of the secretary of transportation, a master, long range highway development plan based upon engineering surveys and traffic use and needs studies, and whenever the secretary shall determine and designate certain new routes or existing highways, forming a part of such county master highway development plan, are essential and important highways to connect with or provide necessary access highways to or from the state highway system in such counties, the boards of county commissioners of such counties, in its discretion, may authorize the preparation of preliminary plans and specifications for constructing, reconstructing, improving or repairing the major, arterial county highways, which project shall thereafter be designated as the master highway development plan for such counties and shall be completed within ten (10) years from the date of its adoption or approval by the voters of such counties.
The preliminary plans and specifications for such county master highway development plan shall be approved by the state transportation engineer, the county engineer and members of the boards of county commissioners of such counties and filed in the office of the county clerk of such counties. The cost of such preliminary plans and specifications may be paid from the road maintenance fund of such counties, even though such items were not budgeted in such year; and if the proposition calling the adoption and approval of such master highway development plan, is voted for affirmatively by a majority of the electors of such counties at a special election held for such purpose or at the general election, the cost of such preliminary plans and specifications may thereafter be included in the total cost of such plan or project to be paid for by the issuance of bonds.
History: L. 1957, ch. 372, § 1; L. 1975, ch. 427, § 125; August 15.
Notice of the filing in the office of the county clerk of the plans and specifications covering the principal details of the master highway development plan shall be given by publishing such notice for three (3) successive weeks in the official county newspaper by the county clerk of such counties. Not less than ten (10) days after the date of the last publication of such notice the boards of county commissioners of such counties may adopt a resolution, by the unanimous vote of the members thereof, adopting and approving such master highway development plan and providing that the proposition of adopting or rejecting such master highway development plan be submitted to the qualified electors of such counties at a special election called for such purpose or at the next general election. Said resolution shall contain, among other findings and matters, the following:
(a) The name and location of each county, arterial highway to be constructed, reconstructed, improved or repaired under the plan or project;
(b) the points of origin and terminus of each arterial, county highway to be improved under the plan and the distance between such points;
(c) the estimated cost of constructing, reconstructing, improving or repairing each county, arterial highway in the plan;
(d) the tentative work schedule or order under which such county, arterial highways will be constructed, reconstructed, improved or repaired under the proposed plan during the said ten (10) year period following its adoption by the electors of such counties;
(e) the total, estimated cost of such plan or project for which bonds are proposed to be issued and if issued cannot be exceeded;
(f) the general form of the proposition or question whereby the adoption or rejection of such master highway development plan will be submitted to the electors of such counties; and
(g) the date of the special election called for such purpose or the general election when said proposition or question will be submitted to the qualified electors of such counties for approval or rejection of such proposed master highway development plan or project for such counties. Such resolution shall be published for three (3) successive weeks in the official county newspaper and once each week for three (3) successive weeks in one newspaper published in each city in such counties. The question or proposition calling the adoption or rejection of such master highway development plan or project shall not be submitted to the electors more than once each two (2) years.
History: L. 1957, ch. 372, § 2; June 29.
At a special election called for such purpose or at a general election, whichever shall be designated by the board of county commissioners in said resolution, the vote shall be by ballot and the question or proposition shall be printed on a separate ballot in substantially the following form:
Shall ______________ county adopt a master highway development plan to construct, reconstruct, improve or repair the arterial highways provided for in such plan during the next ten (10) years at an estimated aggregate cost of not to exceed $____________, and to issue its general obligation bonds in an amount not to exceed said sum in payment of the same?
Opposite and after said proposition so printed on said ballots shall be printed two (2) squares, one above the other; preceding the upper one of said squares shall be printed the word "yes" and preceding the lower one of said squares shall be printed the word "no." Immediately above such proposition and across the entire width of said ballots shall be printed the following: "To vote in favor of the adoption of such master highway development plan and the issuance of bonds to pay the cost thereof, make an × in the square after the word 'yes'; and to vote against the adoption of such master highway development plan and the issuance of bonds to pay the cost thereof, make an × in the square opposite the word 'no'."
History: L. 1957, ch. 372, § 3; June 29.
If the majority of electors of such counties vote in favor of adopting such master highway development plan and to pay the cost thereof by the issuance of general obligation bonds, the boards of county commissioners of such counties shall proceed to have detailed plans and specifications prepared for all such work. The making of all such improvements under such master county highway development plan shall be thereafter conducted in accordance with the provisions and requirements of section 68-704 of the General Statutes of 1949 and any amendments thereto.
History: L. 1957, ch. 372, § 4; June 29.
All bonds issued by such county for the purposes herein provided may be issued annually over a period of not to exceed ten (10) years, but the total amount of all such issues shall not exceed the aggregate amount stated in the proposition or question submitted to the electors of such counties calling for the adoption or rejection of such master highway development plan. All such bonds shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law. Any bonds issued under the provisions of this act shall not be subject to any limitation of bonded indebtedness of the county.
History: L. 1957, ch. 372, § 5; June 29.
History: L. 1958, ch. 36, §§ 1, 2 (Special Session); Repealed, L. 2004, ch. 39, § 1; July 1.
As used in this act:
(a) "County" means any county.
(b) "Board" means the board of county commissioners.
History: L. 1961, ch. 310, § 1; L. 1965, ch. 395, § 1; June 30.
By resolution the board of any county may designate as a primary arterial highway: (1) All or any portion of an existing or proposed new county road or highway; or (2) all or any portion of an existing or a proposed new street within a city in such county which is or would be an extension of a county road or a connecting link between county roads. Such resolution shall set out the primary arterial highway designation and its location, a general description of the proposed improvement and an estimate of the total cost thereof, exclusive of any grants from any other public agency. Upon the adoption of such resolution, a copy thereof attested by the county clerk shall, if such designation is of a city street, be transmitted to the city clerk of each city wherein such primary arterial highway is located or is proposed to be located. The resolution shall become effective upon publication by the county in its official newspaper.
The board and the governing bodies of all cities in which any primary arterial highway is located or is proposed to be located may enter into an agreement providing for the cooperative financing of the acquisition of right-of-way for and the construction, reconstruction, maintenance and repair of such proposed primary arterial highway, including major bridges and overpasses thereon, together with all engineering costs, under such terms as the board and governing bodies shall agree upon. Such agreement may be part of an agreement between the secretary of transportation, the county and the cities.
The board and governing body of any city wherein any portion of such primary arterial highway is to be located may use any public funds available to such county or city for the construction, reconstruction, maintenance or repair of such primary arterial highway, including major bridges and overpasses thereon, in like manner as if it were a normal county road or a city street, and the board and the governing body of each such city may issue bonds as provided in K.S.A. 68-584. Whenever any such bonds are issued, either with or without a referendum, the board or governing body issuing the same may use the moneys received from the distribution of motor-fuel tax revenues pursuant to K.S.A. 79-3425c, and any amendments thereto, to pay all or part of the principal and interest on such bonds. In the event that such moneys are insufficient to retire such bonds, an annual tax shall be levied upon the taxable tangible property in such county or city in an amount sufficient to pay the principal of and interest on said bonds.
History: L. 1961, ch. 310, § 2; L. 1972, ch. 247, § 1; L. 1975, ch. 351, § 1; L. 1975, ch. 427, § 126; August 15.
In addition to the authorized purposes for the expenditure of moneys placed in the special fund designated in subsection (c) of K.S.A. 79-3425c, and any amendments thereto, any city located in a county having a population of more than thirty-eight thousand (38,000) and not more than forty-five thousand (45,000) or in a county having a population of not less than two hundred twenty thousand (220,000) may use the moneys in said fund for the purposes set forth in subsection (b) of K.S.A. 68-581, as amended.
History: L. 1972, ch. 247, § 2; July 1.
The board of any county and the governing body of any city may by resolution propose the designation as a secondary arterial highway any existing street or a portion thereof, or a proposed new street within a city in such county which is or would be a connecting link between county roads and may enter into an agreement providing for the cooperative financing of the construction, reconstruction, maintenance and repair of such proposed secondary arterial highway under such terms as the board and governing body shall agree upon. Such designation and agreement shall set out the secondary arterial highway designation and its location, a general description of the proposed improvement and an estimate of the total cost thereof to each such city and county exclusive of any grants from any other public agency, and shall become effective upon publication by the city in its official newspaper and by the county in its official newspaper. Such agreement may be part of an agreement between the secretary of transportation, the county and the city. Any such agreement shall provide for sharing the costs of engineering and construction or other improvement of the designated secondary arterial highway, and for future maintenance by the city or by the county, upon such terms as the board and governing body may agree. The board and governing body of any county and city which have entered into such agreements may use any public funds available to such county or city for the construction, improvement or maintenance of such secondary arterial highway in like manner as if it were a normal county road or a city street, may each issue bonds as provided in K.S.A. 68-584, and amendments thereto and may each levy an annual tax upon the assessed tangible valuation in such county or city for such purpose and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.
History: L. 1961, ch. 310, § 3; L. 1965, ch. 395, § 2; L. 1970, ch. 69, § 19; L. 1975, ch. 427, § 127; L. 1980, ch. 65, § 7; L. 1999, ch. 154, § 44; May 27.
The board may acquire lands for a right of way for a proposed new street which shall have been designated as a primary or secondary arterial highway as hereinbefore provided or may acquire lands to widen or change the route of an existing street which has been designated as a primary or secondary arterial highway as hereinbefore provided and pay the costs thereof or its share of the costs thereof in like manner as it is authorized by law to acquire lands for rights of way for county roads.
History: L. 1961, ch. 310, § 4; April 10.
If the board of county commissioners or the governing body of the city determines that any of the costs incurred or to be incurred by the county or city, as the case may be, in carrying out the provisions of K.S.A. 68-581, 68-582 and 68-583, and amendments thereto, in relation to any street, road or highway should be paid by moneys derived from the issuance of general obligation bonds of the county or city, the board or governing body, may issue such bonds for such purpose or purposes. No bonds shall be issued under this section until the question of the issuance of the bonds is submitted to a vote of the electors of the county or city at a regular or special election called for that purpose and a majority of those voting on the question shall have voted in favor of the issuance of the bonds. The question submitted may include projects involving one or more streets, roads and highways. Such election shall be held and the bonds issued, sold, delivered and retired in accordance with the provisions of the general bond law, except that no referendum shall be required to issue such bonds in an amount equal to not more than ½% of the assessed tangible valuation of such county or city unless a petition is filed in accordance with this section. Such petition shall be signed by qualified electors equal to not less than 2% of the qualified electors of the county or city proposing to issue such bonds and shall be filed in the office of the clerk of such county or city within 60 days after publication of a notice of intent to issue such bonds. Such notice shall state the amount and purpose of the issuance of the bonds and shall be published once each week for two consecutive weeks in the official newspaper of the city or county. The total amount of such bonds outstanding issued without referendum approval shall not exceed an amount equal to more than 2% of the assessed tangible valuation of the county or city. Bonds issued under the provisions of this act shall not be subject to or be included in computing limitations upon bonded indebtedness of counties and cities prescribed under the provisions of article 3 of chapter 10 of the Kansas Statutes Annotated and amendments thereto.
History: L. 1961, ch. 310, § 5; L. 1965, ch. 395, § 3; L. 1972, ch. 247, § 3; L. 1975, ch. 352, § 1; L. 1981, ch. 173, § 70; July 1.
The board may make or cause to be made engineering studies to determine the feasibility of any primary arterial highway, secondary arterial highway or county road program and pay the costs of the same from the county road fund.
History: L. 1961, ch. 310, § 6; April 10.
Whenever the board of county commissioners of any county having a population of more than one hundred thirty thousand (130,000) and less than one hundred seventy thousand (170,000) deems it necessary it may, by resolution duly adopted and signed by a majority of such board, issue general obligation bonds for highway construction within the county, in cooperation with the state of Kansas, or any political subdivision thereof, or in cooperation with any agency of the United States, and such highway construction may include the construction of any necessary bridges and access ways, acquisition of necessary rights-of-way and other necessary construction incidental to the construction of said highway. Such bonds shall not be issued until the question of issuance thereof shall have been approved by a majority of the electors at any general election or at a special election called for such purpose and held in accordance with the provisions of the general bond law, and all bonds issued under the authority of this act shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law.
History: L. 1967, ch. 362, § 1; July 1.
The total bonded indebtedness for the purposes described in K.S.A. 68-586, whether for one or more issuances, shall not at any time in the aggregate exceed four percent (4%) of the total assessed valuation of such county, and any bonds issued under the provisions of this act shall not be subject to or within any bonded debt limitation prescribed by any other law of this state and shall not be considered or included in applying any other law limiting bonded indebtedness. All tax levies made to retire such bonds shall be in addition to and not limited by any other act authorizing or limiting the tax levies of such counties.
History: L. 1967, ch. 362, § 2; July 1.
The county commissioners are hereby authorized to contract, as provided by law, for the supervision of any work performed in the construction of any highway commenced under the provisions of K.S.A. 68-586, and amendments thereto, but all such highways shall conform to minimum federal or state generally recognized and prevailing standards for the designated road classification.
History: L. 1967, ch. 362, § 3; L. 2005, ch. 84, § 7; July 1.
As used in this act, the following terms shall have the meaning ascribed to them by this section unless the context otherwise requires.
(a) "Municipality" means any city, county or township.
(b) "Governing body" as applied to a county, means the board of county commissioners; as applied to a city means the governing body of the city; and as applied to a township means the township board.
History: L. 1967, ch. 363, § 1; L. 2018, ch. 80, § 3; July 1.
For the purpose of permitting municipalities to finance specified improvement projects involving the construction or reconstruction of highways, bridges, roads and streets and incidental facilities thereto, the cost of which will exceed the money annually available from current revenues, the governing body of any municipality is hereby authorized and empowered by resolution to transfer each year from the fund or division thereof budgeted for roads, bridges, highways or streets of such municipality an amount of money not to exceed twenty-five percent (25%) of such fund or division thereof as determined by such body and subject to legal expenditure, to a special highway improvement fund.
Upon the adoption of such resolution, a copy thereof shall be delivered to the treasurer of such municipality and he shall credit the amount provided in such resolution to such special highway improvement fund and shall debit the fund or division thereof as the case may be. All moneys credited to such special fund shall be used by such municipality for the purpose of the construction or reconstruction of highways, bridges, roads and streets and necessary incidental facilities and such fund shall not be subject to the provisions of K.S.A. 79-2925 to 79-2937, both inclusive, or acts amendatory thereof or supplemental thereto; except that in making the budgets of such municipalities the amounts credited to, and the amount on hand in, such special fund and the amount expended therefrom shall be shown thereon for the information of the taxpayers of such municipalities.
If the governing body of any municipality shall determine that money which has been transferred to such special fund or any part thereof is not needed for the purposes for which so transferred, said governing body is hereby authorized and empowered by resolution to retransfer such amount not needed to the fund from which transferred and such retransfer shall be subject to the provisions of K.S.A. 79-2925 to 79-2937, both inclusive, or acts amendatory thereof or supplemental thereto.
History: L. 1967, ch. 363, § 2; April 29.
This act shall be known as the general county rural highway system act. Boards of county commissioners may adopt the provisions of this act by resolution adopted at a regular meeting, providing for submission of the question of the adoption of the provisions of this act to the electors of the county residing outside of the corporate limits of any city at an election called and held for such purpose at the time of the general election of members of the house of representatives. Such election shall be held and conducted as an election to authorize issuance of bonds is held under the general bond law.
History: L. 1970, ch. 273, § 1; L. 1983, ch. 228, § 2; July 1.
(a) All the roads and highways in any county adopting the provisions of this act shall be classified, constructed and maintained according to the following classification system:
(1) "County major collector roads" which shall include all county roads and highways designated for inclusion in the major collector road system in accordance with K.S.A. 68-1701 to 68-1704, and amendments thereto;
(2) "county minor collector roads" which shall include all county roads and highways, not designated for inclusion in the major collector road system, which are other main traveled roads utilized primarily for the movement of traffic between different areas of the county; and
(3) "local service roads" which shall include all public roads and highways not designated for inclusion in the major collector road system and not designated as county minor collector roads or highways and not included in the state highway system or other state or federal systems.
(b) Such classification shall be made by the board of county commissioners, with the approval of the county engineer. The county engineer and the board of county commissioners may shift road or highway mileage from one road classification to another as continuing study indicates that such changes are needed by reason of changing traffic needs or for other reasons substantiated by engineering analysis, except, that no road or highway mileage may be shifted to or from the major collector road system except as provided in article 17 of chapter 68 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1970, ch. 273, § 2; L. 1986, ch. 252, § 4; L. 2005, ch. 84, § 8; July 1.
Upon the adoption of the provisions of this act by any county, the township board of all townships in such county shall forthwith pay over to the county treasurer of such county any and all unused money or funds or surplus funds in the hands of such township board which have been received or acquired by such township from any source for road purposes or for the purchase of machinery or equipment for the construction and maintenance of roads. Upon receipt of said funds and moneys, the county treasurer shall credit the same to a special fund for each such township and the board of county commissioners shall expend said special fund for the construction and maintenance of roads in the township from which it was received, which expenditure shall be in addition to funds expended by the county in such township from the regular county road and bridge fund or funds received from levies made under the provisions of this act.
The county treasurer shall likewise credit and transfer to said special fund of each township all tax moneys in his hands on the date the provisions of this act are adopted which were received by him in payment of taxes levied by such township for road purposes and all such taxes thereafter collected by him, and he shall likewise credit and transfer all other moneys in his hands on the date of adoption of the provisions of this act which were received by him for the use of such township for road purposes.
History: L. 1970, ch. 273, § 3; July 1.
Upon the adoption of the provisions of this act by any county, the township boards of all townships in such county shall forthwith turn over and deliver to the board of county commissioners of such county any and all road machinery and equipment which such township has acquired for the purpose of constructing and maintaining township roads.
History: L. 1970, ch. 273, § 4; July 1.
If the township board of any township which is located in a county operating under the provisions of this act and which township shall not have made an ad valorem tax levy for its general fund for one (1) or more years immediately preceding shall determine, by resolution, there is a surplus in the general fund of such township, then said township board may direct the treasurer of such township to pay a stated amount of such surplus out of the general fund of such township to the county treasurer, and upon receipt of said payment the county treasurer shall credit the same to a special fund and the board of county commissioners shall expend such special fund for the construction and maintenance of roads in the township from which such payment was received, which expenditure shall be in addition to funds expended by the county in such township from the regular county road and bridge fund or from levies made under the provisions of this act.
History: L. 1970, ch. 273, § 5; July 1.
The board of county commissioners of any county adopting the provisions of this act is hereby authorized to make an annual tax levy of not to exceed five mills on all the taxable tangible property in the county outside of incorporated cities for the construction, reconstruction, improvement, repair and maintenance of "local service roads" and bridges and culverts located thereon within the county and for the purchase of tools, machinery and equipment to be used upon such roads and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. Such levy shall be in addition to all other levies now or hereafter authorized by law for road purposes and only one mill of such levy shall be subject to the aggregate tax levy limitation prescribed by article 19 of chapter 79 of the Kansas Statutes Annotated and amendments thereto.
The board of county commissioners of any county adopting the provisions of this act may upon resolution adopted by a majority of the board, submit to the qualified electors of the county residing outside of the corporate limits of any city, at any general election or special election called for that purpose as provided by law for bond elections, the question of levying a special tax of not to exceed five mills for not to exceed two years for the purpose of raising funds for which to improve "local service roads." At such election the question on the ballot shall be stated in substantially the following form: Shall the county levy a tax of ______ mills for ______ years to raise funds for the purpose of improving "local service roads"? The judges of the election shall have the power to determine the residence qualifications of the voters under this act. If a majority of those voting on such questions shall vote in favor thereof, the county board shall levy the tax as authorized on all the taxable tangible property in such county which has a tax situs outside the corporate limits of any city. Such levy shall be in addition to all other taxes authorized or limited by law. The proceeds from such levy must first be used on mail routes and school bus routes.
History: L. 1970, ch. 273, § 6; L. 1979, ch. 52, § 165; July 1.
Any county in this state which has heretofore adopted or may hereafter adopt the provisions of this act may at any general election after two (2) years from the date of such adoption abandon such system and return to the original county and township road system prevailing in the county before the adoption of the same: Provided, That every outstanding contract made by such county while operating under the provisions of this act [is] fully satisfied and complied with.
History: L. 1970, ch. 273, § 7; July 1.
The election provided in K.S.A. 68-597 shall be called by the board of county commissioners upon the presentation of a petition signed by electors equal in number to at least twenty percent (20%) of the qualified electors of the county residing outside of the corporate limits of any city, which shall be filed with the county clerk. At any such election the votes shall be taken for and against the general county rural highway system and if the majority of the votes cast at such election be against such system, then the county shall be restored to the original county and township road system.
History: L. 1970, ch. 273, § 8; July 1.
History: L. 1970, ch. 273, § 9; L. 1971, ch. 220, § 1; Repealed, L. 1983, ch. 228, § 3; July 1.
The board of county commissioners of any county is hereby authorized to levy an annual tax of not to exceed five mills upon all taxable tangible property in the county for the purpose of providing funds for the construction, reconstruction, improvement, repair and maintenance of county roads and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. Before any county shall be authorized to levy a tax under the authority of this act, the board of county commissioners shall submit such proposition to the electors of the county at an election called and held for such purpose. Elections called and held under the provisions of this act shall be called and held in the manner provided for the calling and holding of elections upon the question of issuing bonds under the provisions of K.S.A. 10-120, and amendments thereto. If a majority of the votes cast and counted on such proposition at any such election shall be in favor thereof, the board of county commissioners may levy the tax provided for herein.
Tax levies made under the authority of this act shall be in addition to tax levies authorized and limited under the provisions of K.S.A. 79-1947, and amendments thereto.
History: L. 1974, ch. 102, § 1; L. 1979, ch. 52, § 166; L. 1990, ch. 66, § 46; May 31.
The board of county commissioners of each of the several counties is hereby authorized to levy an annual tax upon all taxable tangible property in the county in an amount not to exceed the limitation prescribed by K.S.A. 79-1947, and amendments thereto, for road and bridge purposes and to pay a portion of the principal and interest upon bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by any city located in such county.
History: L. 1979, ch. 52, § 162; July 1.
(a) When the board of county commissioners of any county is of the opinion that any road within the county or on the county line is used only occasionally or is used only by a few individuals, the board may commence proceedings to declare the road a "minimum maintenance road". Roads which have been constructed with federal aid shall not be minimum maintenance roads.
(b) When a determination is to be made that one or more roads or parts of roads may be declared minimum maintenance roads, the board shall adopt a resolution describing such roads and shall transmit copies thereof to the planning commission of the county for its recommendation.
(c) When a resolution is adopted under subsection (b) the board of county commissioners shall cause it to be published once in the official county paper together with a statement that a hearing will be held on such determination with the time and place of such hearing specified. Any person wishing to appear at such hearing and give evidence or testimony thereon may do so. At the conclusion of such hearing the board shall determine what roads or parts of roads described in such resolution are to be declared by it minimum maintenance roads.
(d) Not later than 10 days after any road is declared to be a minimum maintenance road, signs shall be posted thereon by the board of county commissioners stating "Minimum maintenance, travel at your own risk". Such signs shall display black letters on a yellow background with the letters being at least two inches high.
(e) When any road described in (b) is on, or partly on, a county line, a copy of such resolution shall be transmitted to the board of county commissioners of the adjoining county in which a part of such road is located. Also, a copy shall be transmitted to the planning commission of such adjoining county and any regional or metropolitan planning commission in which both of such counties are located. The board of county commissioners of such adjoining county, its planning commission and any regional or metropolitan planning commission in which both counties are located may make recommendation to the board of county commissioners adopting such resolution. Adoption of a resolution under (b) shall not limit the right of the board of county commissioners of any adjoining county from proceeding under this act. The action of either of such boards of county commissioners shall apply only to that portion of such road which is in the county of the board adopting a resolution under (b).
(f) Whenever a road has been declared a minimum maintenance road in accordance with this section and signs have been posted thereon as provided in (d), the state, the county and the townships within such county and employees of such governmental entities shall be exempt from liability for any claim by any person under the Kansas tort claims act with respect to such minimum maintenance roads. No such governmental entity or employee thereof shall be liable for damages arising from such roads or their maintenance or condition.
History: L. 1981, ch. 358, § 1; July 1.
When the board of county commissioners of any county having a population of more than 300,000 determines it is necessary to make improvements on any existing roads or highways in the county or any streets in any city within the county and sufficient funds are not available for the improvements, the board may issue general obligation bonds of the county to pay the cost of the improvements. Prior to issuing any bonds, the board shall adopt a resolution which: (1) States the necessity for the improvements; (2) designates the streets or highways to be improved; (3) describes the improvements to be made; and (4) states the estimated cost of the improvements and the amount of general obligation bonds to be issued to pay the cost. The resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation within the county.
No bonds shall be issued if, within 90 days of the second publication, a petition signed by registered voters of the county equal in number to not less than 3% of the votes cast in the county for the office of governor at the last general election at which a governor was elected is filed with the county clerk requesting the question of the issuance of the bonds be submitted to and approved by the qualified electors of the county. If a sufficient petition is filed, the county election officer shall call and hold a special election on the question in the manner provided under the general bond law.
If a sufficient petition is not filed within the prescribed time or if a special election is called and held and a majority of the votes cast on the question submitted is in favor of the issuance, the board of county commissioners may issue the general obligation bonds in the amount specified in the resolution. The bonds shall be authorized, issued, registered and sold in the manner prescribed by the general bond law and shall bear interest at a rate not to exceed the maximum rate prescribed by K.S.A. 10-1009 and amendments thereto. General obligation bonds issued by any county under the authority of this section shall not be subject to any limitation on the bonded indebtedness of the county. The aggregate principal amount of bonds issued by any county in any fiscal year under this section shall not exceed .5% of the taxable tangible assessed valuation of the county or $1,000,000, whichever is greater.
For the purpose of this section, the term "improvements" means construction, reconstruction, maintenance or repair [of] any street or highway.
History: L. 1983, ch. 229, § 1; July 1.
History: L. 1921, ch. 217, § 1; L. 1923, ch. 175, § 1; R.S. 1923, 68-601; Repealed, L. 1925, ch. 214, § 9; July 1.
Revisor's Note: Later act, see 68-416.
History: L. 1921, ch. 217, § 2; L. 1923, ch. 175, § 2; R.S. 1923, 68-602; L. 1925, ch. 214, § 4; Repealed, L. 1927, ch. 255, § 14; May 1.
History: L. 1921, ch. 217, §§ 3, 4; L. 1923, ch. 175, §§ 3, 4; R.S. 1923, 68-603, 68-604; Repealed, L. 1925, ch. 214, § 9; July 1.
History: L. 1921, ch. 217, §§ 6, 7; L. 1923, ch. 175, §§ 5, 6; R.S. 1923, 68-605, 68-606; Repealed, L. 1925, ch. 214, § 9; July 1.
History: L. 1921, ch. 217, § 8; L. 1923, ch. 175, § 7; R.S. 1923, 68-607; L. 1925, ch. 213, § 1; L. 1925, ch. 214, § 5; Repealed, L. 1927, ch. 255, § 14; May 1.
History: L. 1921, ch. 217, § 9; L. 1923, ch. 175, § 8; R.S. 1923, 68-608; Repealed, L. 1925, ch. 214, § 9; July 1.
History: L. 1921, ch. 217, § 10; L. 1923, ch. 175, § 9; R.S. 1923, 68-609; Repealed, L. 1925, ch. 214, § 9; July 1.
Revisor's Note: Later act, see 68-421.
History: L. 1921, ch. 217, § 12; L. 1923, ch. 175, § 10; R.S. 1923, 68-610; Repealed, L. 1925, ch. 214, § 9; July 1.
When a petition requesting the permanent improvement of one or more roads of benefit to the benefit district is filed in accordance with this section, the board of county commissioners may cause such roads to be improved as requested in the petition. Such petition shall be signed by (a) 51% of the resident landowners owning at least 35% of the land within the district, (b) 35% of the resident landowners owning 51% of the land within the district or (c) the owners of 60% of the land within the district. The petition shall be filed with the board of county commissioners of the county where such road or roads are located. Nothing in this act shall prevent completion of benefit district roads for which petitions have been approved or construction is under way at the time this act is passed. Before the improvements requested in the petition are ordered by the county commissioners, the commissioners shall, by order, find the improvements to be of public utility, and the county clerk shall publish such order once in the official county paper. No action shall be brought to restrain the making of such improvements, payment therefor or levy of taxes or special assessments or issuance of bonds therefor on the grounds of an illegality in the petition, in any proceedings prior to the order or in the order unless such action is commenced within 30 days after the date of the order. The board of county commissioners shall set a time and place to meet to consider the petition for road improvements and shall give notice of the time and place of such meeting by publication once in the official county paper and by certified mail to the owners of the property adjoining the road, at the address where the owner's tax statement is sent. Publication and mailing of the notice shall be not less than 10 days prior to the date of the meeting.
Thirty days after the filing of a petition with the board of commissioners no signer thereon shall be permitted to withdraw the signer's name therefrom. After any petition has been signed by the legal owner of any land in the benefit district the change of ownership of the lands does not affect the petition. Additional or supplemental petitions may be filed with the county clerk at any time before the contract is let for the improvements.
In any case where the owners of lands affected by the provisions of this act are tenants in common, each cotenant shall be a legal petitioner in an amount equal to the cotenant's undivided interest in the tract of land. The owner of a life estate shall be deemed a legal owner for the purposes of this act. Guardians of minors or of incapacitated persons may petition for their wards when authorized by the district court so to do. "Resident landowner," as used herein, means any landowner residing in the county, and owning land in the benefit district.
The governor may sign a petition on behalf of the state for any land owned by the state and located within the benefit district. Any land owned by the state shall be liable for its share of the cost of road improvements by a road improvement district and the state treasurer may pay all assessments against the land for such purposes from any funds in the state treasury not otherwise appropriated.
History: L. 1909, ch. 201, § 1; L. 1917, ch. 265, § 1; L. 1919, ch. 246, § 1; R.S. 1923, 68-701; L. 1933, ch. 242, § 1; L. 1976, ch. 145, § 230; L. 1981, ch. 173, § 71; July 1.
Whenever any board of county commissioners in counties of not less than 130,000 shall desire to permanently improve a road in their county on which a benefit-district petition has not been filed, they shall adopt a resolution to that effect and designate a benefit district and said resolution shall be published in an official county paper circulating in the district affected for three consecutive weeks following its adoption: Provided, That said benefit district so ordered shall not exceed three and one half miles on either side of the road to be constructed: And provided further, That said resolution shall designate the road or section of road to be improved by name and terminal points and other specially fixed locations and shall designate and describe the lands within the proposed benefit district, the type or types of permanent improvement and width or widths of roadway desired and the number of annual assessments to be levied upon the lands in the benefit district in payment thereof, which shall not be less than ten nor more than twenty.
Thirty days after the first publication of such resolution the board of county commissioners shall proceed with the improvement of such road unless a protest signed by legal resident landowners of fifty-one percent of the land in such benefit district shall have been filed with the county clerk: And provided further, That the board of county commissioners shall have no authority by resolution to create a road benefit district as herein provided nor to improve a road or portion thereof under the provisions of this act, except for the purpose of constructing or permanently improving a road to fill in a gap existing between the ends of two permanently improved highways, or constructing or improving a road in a gap between the ends of a permanently improved highway and a permanently improved street in any city or town within the county or constructing or permanently improving a road in a gap existing between the ends of two sections of a permanently improved highway, or a gap between the ends of two permanently improved sections of a highway: Provided, That such gap does not exceed one and one-eighth miles in length. In improving a road under the provisions of this act in all matters not specifically covered hereby the board of county commissioners shall proceed in accordance with the provisions of article 7 of chapter 68 of the Kansas Statutes Annotated.
History: L. 1925, ch. 216, § 1; March 20.
No action shall be brought to restrain the making of such improvements or payment therefor or creation of such benefit district or levy of taxes or special assessments or issuance of bonds therefor on the grounds of any illegality in said resolution or in any proceedings prior thereto or in the publication thereof unless such action be commenced within sixty days after the date of the first publication of said resolution.
History: L. 1925, ch. 216, § 2; March 20.
The petition shall designate the road or roads to be improved by name and by terminal points and other specially fixed locations, the lands within the proposed benefit district, the type or types of permanent improvement, and width or widths of roadway desired, which types or widths may be different for different sections of the road, and the number of annual assessments to be levied upon the lands in the benefit district in payment thereof, which shall be not less than ten nor more than twenty. The petition may specify more than one type or width of road, and may improve any types that may be acceptable for federal aid, and a maximum and minimum number of annual assessments, leaving the final choice to the board of county commissioners, subject to the approval of the secretary of transportation: Provided, That where the petition specifies a certain type of road, if such petitions be allowed, the type of road shall be of the type in said petition set forth: Provided, however, That said petition may request gravel alone, in which event only gravel shall be used.
History: L. 1909, ch. 201, § 2; L. 1917, ch. 265, § 2; L. 1919, ch. 246, § 2; R.S. 1923, 68-702; L. 1933, ch. 242, § 2; L. 1975, ch. 427, § 128; August 15.
Where any petition for the construction or improvement of any road or roads in a benefit district has been approved by the board of county commissioners and the construction or improvement of such road or roads for which no contract has been let within three years following the date of the approval on which no action has been taken other than filing such petitions such approval of the petition by the board of county commissioners shall be null, void and of no effect and such road or roads shall neither be constructed nor improved under such petition and approval.
History: L. 1925, ch. 215, § 1; May 28.
After finding the improvements to be of public utility the board shall cause an accurate survey of the roads to be made and a profile thereof, a map of the benefit district, plans and specifications for the improvement and estimates of the cost to be prepared by the county engineer, the state transportation engineer or by some experienced and competent engineer employed for that purpose. Such plans and specifications shall be for the type or types of improvement and width or widths of roadway specified in the petition, except at public road intersections where the width of the roadway may be altered. When the petition filed for the improvement of a road describes a road which has not been legally established as a public road, when additional right-of-way is necessary for the construction of the type or types of road specified in the petition, when unsurmountable obstacles are encountered on the route described in the petition or when it is found necessary to relocate the road for the purpose of eliminating sharp turns or other dangerous places, the board of county commissioners by order shall lay out, alter or widen a public road and may vacate an existing road.
All land required for the laying out, widening or altering of a road shall be acquired by the board of county commissioners by purchase or by donation. If any owner of the land shall refuse to sell or donate the land, the board of county commissioners may exercise the right of eminent domain in the following manner: The board of county commissioners by order shall determine the nature of the changes required in such road, the approximate amount of land required to be taken and the time and place at which the road will be viewed. The board shall publish a notice once in the official county paper not less than 15 days and not more than 25 days before viewing the road and by sending notice by certified mail to the owners of the property adjoining the road, at the address where the owner's tax statement is sent. Such notice shall set out the substance of the order and its date, the time and place the commissioners will commence to view the road, the changes required and the time and place of the hearing on the changes.
The board shall direct the county engineer to meet with the board at the time and place set for viewing the road, unless the new locations of roads made necessary by the changes have already been definitely surveyed and located. On the date stated in the notice or on the following day, the county commissioners shall meet at the place stated in the notice and proceed to view the road and changes required. The board shall also view all lands required to be taken for the relocation, laying out, altering or widening of the highway for the purposes described in this section and appraise the value of such lands and assess the damages thereto. The board shall forthwith file in the office of the county clerk a written report of the board's findings, along with the plat of the road as changed.
All applications for damages must be filed in writing with the county clerk on or before the first day of the next regular session of the board following the filing of the report, and the board shall at such regular session finally determine upon the amount to be paid as damages to any owner of any land. The amounts so allowed shall be paid from the special fund provided for the construction of the road in the benefit district, or for a section or project, as the board may determine.
The right of appeal from the award of damages made by the board of county commissioners shall be the same as is now provided by law in other road cases, but such appeal shall not delay any work upon or in relation to the road. If the board so requests, separate estimates of the cost of different sections of the road and of all bridges and culverts shall be prepared. If such map, profile, plans, specifications and estimates are not prepared by the state transportation engineer or under the engineer's supervision, they shall be submitted to the engineer for approval. After final approval of the plans, specifications and estimates by the state transportation engineer, they shall be filed with the county clerk and the plans and specifications shall be open for public inspection.
History: L. 1909, ch. 201, § 3; L. 1917, ch. 265, § 3; L. 1919, ch. 246, § 3; R.S. 1923, 68-703; L. 1927, ch. 251, § 1; L. 1975, ch. 427, § 129; L. 1981, ch. 173, § 72; July 1.
The board of county commissioners may conduct the improvement of the road in conformity with the profile, plans and specifications as filed; may let contracts for the construction of any portions of the work required in making the improvements; or may let contracts for the labor only, or the labor and a portion of the material, and purchase any or all of the materials for the improvements of the highway and supply the same to the contractor or contractors.
If the work is let by contract, notice shall be published in the official county newspaper once each week for two consecutive weeks prior to the letting. No bids shall be accepted except in accordance with the profile, plans and specifications, and such contracts shall be let to the lowest responsible bidder, the board of county commissioners reserving the right to reject any or all bids. Each bidder must accompany the submitted bid with a bid surety in an amount equal to 5% of the amount of the bid payable to the chairperson of the board of county commissioners as a guarantee that, if the contract is awarded to the bidder, the bidder will enter into the contract with the board. If a bidder fails to enter into the contract when awarded to the bidder, the bid surety shall become the property of the county as its liquidated damages and shall be paid to the county treasurer for credit to the general fund of the county.
Each contractor shall give a good and sufficient performance bond in an amount fixed by the board of county commissioners, but not less than the contract price, and the bond required by K.S.A. 60-1111, and amendments thereto. The performance bond shall be filed and recorded in the office of the county clerk or some other county officer designated by the board of county commissioners and approved by the board of county commissioners and shall be conditioned on the contractor's faithful performance of the contract in every respect and secure the county against any and all loss or damage by reason of any default, failure or miscarriage in the performance of the contract. The board of county commissioners, at any time before entering into a contract, may withdraw any or all proposals and take charge of and conduct the improvement.
No action shall be brought to restrain the making of the improvements, or payment therefor, or levy of taxes or special assessments or issuance of bonds therefor on the ground of any illegality or irregularity in advertising, receiving bids or awarding the contract, or any proceedings prior to the award of the contract or decision by the board to make such improvements by day labor, unless such action is commenced within 30 days after the date the contract is awarded or the board makes the decision to make the improvements by day labor.
The board of county commissioners, as required, shall issue warrants of the county drawn on a special fund for the improvements, the purchase of materials, the payment of wages, and other expenses incurred in making the improvement or for payment to the contractor of not to exceed 95% of the work done and accepted under the provisions of this act. If a person or company with whom a contract is made under the provisions of this act fails to fulfill the contract, the board of county commissioners may cause the work to be completed and material furnished in full as provided in such contract and recover the full cost thereof from such person or company and the sureties on any bonds given, less any amount unpaid on the contract.
History: R.S. 1923, 68-704; L. 1970, ch. 64, § 80; L. 1975, ch. 427, § 130; L. 1981, ch. 173, § 73; L. 1987, ch. 97, § 3; L. 2004, ch. 40, § 1; July 1.
All work done and materials furnished shall be under the supervision and inspection of the county engineer or licensed professional engineer employed by the county and shall be in conformity with the plans and specifications and the contract. The acceptance of any work or material by such engineer shall not bind the county nor excuse the contractor for failure to comply with such contract. No changes shall be made except by written contract with the board of county commissioners.
History: L. 1909, ch. 201, § 5; L. 1917, ch. 265, § 5; R.S. 1923, 68-705; L. 1975, ch. 427, § 131; L. 2004, ch. 40, § 2; July 1.
Upon the completion of any improvement under the provision of this act the county commissioners shall meet at their office and apportion the cost thereof as follows:
(a) If all or any portion of said road improvement is entitled to and does receive federal or state aid or donations, the same shall be applied to the cost of the improvement for the purpose and to the extent for which the same was given.
(b) In counties having a population of more than sixteen thousand (16,000) and less than twenty thousand (20,000) with an assessed taxable tangible valuation of not less than forty-four million dollars ($44,000,000) nor more than fifty-two million dollars ($52,000,000) and that have adopted the county road unit system, the remainder of the cost shall be apportioned: Seventy-five percent (75%) to the county; and twenty-five percent (25%) to the taxable property in which the benefit district is located. In all other counties the remainder of the cost shall be apportioned: Sixty percent (60%) to the county; twelve and one-half percent (12½%) to the taxable property within the township or townships in which the benefit district is situated, divided according to the area of the benefit district in each township; twelve and one-half percent (12½%) to the taxable property within the township or townships in which the road is located divided according to the length of road in each township: Provided, That when the road is located on the township line or within eighty rods of the township line between two townships it shall be considered as located one-half in each township for the purpose of dividing the apportionment; and all cities of the third class shall be a part of the township and subject to the township tax to pay for said improvements; and fifteen percent (15%) among the several tracts of land within the benefit district designated in the map, according to the benefits accruing to the real property and improvements thereon within the limits shown by said map.
When said apportionment to the land within the benefit district is determined, the county commissioners shall appoint a time for holding a special session to hear any complaint that may be made as to the apportionment of cost, and the county clerk shall mail a written or printed notice to the owner or owners of any tract of land liable to special assessments, which notice shall set forth the time for hearing complaints and the amount assessed against each tract within the benefit district, and the last day for paying the assessment in full. Such notice shall be mailed at least two weeks prior to the time for hearing the complaints.
At the hearing the commissioners may alter or change the apportionment for good cause shown. If the amount assessed to any tract is changed, the county clerk shall mail a second notice to the owner of such tract, which shall set forth the amount assessed, and the last day for paying the assessment in full. If the owner of any tract within the benefit district shall pay the full amount assessed against such tract within thirty days after the issuance of the first notice, such tract shall not be subject to any further annual special assessments for such improvement.
Upon completion of a section of road which forms a part of the improvement of a road petitioned for under the provisions of this act, or the grading, draining and culverts forming a part of the improvement, under a petition specifying that the road shall be hard-surfaced, the board of county commissioners may levy assessments against the lands benefited thereby for eighty percent (80%) of the benefit district's share of the cost of the completed work, and shall levy additional assessments for the remainder of the cost, equitably adjusting the apportionments when the entire improvement is completed. The board of county commissioners may levy assessments against the land in the benefit district at any time after a contract has been awarded or work started with county's forces, using the approved estimate of cost as a basis for apportioning the cost: Provided, That when all the improvement specified in the petition is completed any deficiency in the benefit district's share of the cost shall be apportioned or surplus refunded on the same basis as the original apportionment.
In the event that a benefit-district road is constructed to the city limits of a city of the third class, the city officials shall apply to the board of county commissioners for assistance in the continuation of said improvement through the city, or from the end of the benefit-district road to the center of the city. The board of county commissioners shall then appropriate from the county funds, or issue bonds if necessary, to pay for fifty percent (50%) of the cost of the improvement after deducting all federal and state aid and donations, and the city at large the remaining fifty percent (50%) apportioned on an equitable ratio among the taxpayers, as prescribed by the council or other governing bodies, and may issue city bonds to pay the city's share of the cost of such improvements, unless the city council decided to pave and does pave the streets to be included in such improvement with pavement of equal quality under the law authorizing paving in such cities. In such case the county's share of improving such city street as provided herein shall be applied toward the cost of such pavement: Provided further, That the type and width shall be the same as constructed outside the city limits. If the city officials desire to use a different width or method of construction, the additional cost of such width and method shall be borne by the city.
When a benefit district hard-surfaced road is constructed alongside the corporate limits of any city the city shall pay fifty percent (50%) of the cost of the construction thereof, apportioned on an equitable ratio among the taxpayers, as prescribed by the council or other governing bodies, and may issue city bonds to pay the city's share of the cost of such improvements: Provided further, That if the land adjoining the city limits and abutting or adjacent to the hard-surfaced road and within one mile thereof is not in the benefit district, it may be so considered by the board of county commissioners and be taxed in like ratio as other lands in the benefit district and township assessments.
All bonds issued or taxes levied under the provisions of this section shall be in addition to all other tax levies or bond issues authorized by law.
History: L. 1909, ch. 201, § 6; L. 1911, ch. 249, § 1; L. 1917, ch. 265, § 6; L. 1919, ch. 246, § 5; L. 1921, ch. 218, § 2; R.S. 1923, 68-706; L. 1927, ch. 252, § 1; L. 1951, ch. 387, § 1; June 30.
Whenever in the judgment of the board of county commissioners any part of the road in addition to being of public utility, shall be of general importance to the county, the improvement of which by reason of sand, creeks, heavy grades or other reasons would necessarily incur unusual expense, the board of county commissioners may make an order to that effect and charge not exceeding sixty percent of the expense of the improvement to the county, the expense to the lands within the benefit district to be decreased in proportion.
History: L. 1909, ch. 201, § 7; L. 1917, ch. 265, § 7; March 3; R.S. 1923, 68-707.
The county commissioners may receive subscriptions and donations in money and real or personal property which shall be applied in the construction or the improvement of said road. Any aid or donation by the state or the United States, or by cities, or from any other source shall be placed in a special fund for such improvements and shall be applied by the board of county commissioners before apportioning the remainder of the cost between the county, township and benefit district. Such state and federal aid and donations and special assessments paid in full shall be used in paying off the warrants and interest accumulating thereon which were issued during the progress of the improvement.
History: L. 1909, ch. 201, § 8; L. 1911, ch. 249, § 2; L. 1917, ch. 265, § 8; March 3; R.S. 1923, 68-708.
After the approved estimates have been filed with the county clerk and the cost to be assessed against the taxable property of the county and the taxability of the benefit district has been approximately determined by deducting from the total estimated cost all donations, subscriptions, state aid or federal aid that have been granted or promised, the board of county commissioners may issue from time to time as required, bonds of the county bearing interest at a rate not to exceed the maximum rate prescribed by K.S.A. 10-1009, and amendments thereto. The total amounts of bonds issued previous to completion of the improvement shall not exceed the amount of the estimated cost to be assessed against the county and townships and each tract of land within the benefit district. The principal of bonds shall mature not more than 20 years from the date of the first bond issued for the improvement.
Such bonds shall be disposed of by the board of county commissioners in the manner provided by law and the proceeds thereof shall be deposited with the county treasurer in a special fund for the improvement. After completion of the improvement, the application of state and federal aid, the ascertainment of apportionments to be charged against the taxable property in the county and township and the amount assessed against each tract of land within the benefit district, the board of county commissioners shall issue bonds of the county in the same manner as before provided in this section and the proceeds thereof shall be used in paying the remaining outstanding warrants, including interest thereon, issued for the improvement.
After any such bonds are issued the board of county commissioners shall levy annually a tax against all the taxable property of the county and the taxable property of the township and upon the lands within the benefit district, according to the apportionment of cost fixed upon such lands in all cases in proportion to the respective liabilities in an amount sufficient to pay the bonds falling due each year and the interest upon outstanding bonds. Such bonds shall be in addition to any other bonds which the county may by law be authorized to issue. The board may in its discretion pay the county's proportion of the costs out of the general fund and road fund of the county if such funds are sufficient for that purpose after deducting all other proper charges against such funds, and after such payment no general county levy shall be made for payment of the bonds. If any portion of the county's proportion of the cost is paid in such manner, the county levy shall be reduced proportionately thereto. The township board of any township affected by the benefit district may in its discretion, deposit with the board of county commissioners sufficient funds to pay the township's proportion or any part thereof of the cost of the road out of the general funds or road fund of such township, if such funds are sufficient for the purpose. If any of the township's proportion of the cost is paid in such manner, the township levy shall be reduced proportionately thereto. The board of county commissioners are hereby authorized to levy an additional county levy against the taxable property of the county in an amount not to exceed one mill in order to pay the county's proportion of the benefit-district road without the issuance of bonds and the board of township highway commissioners are authorized to levy not to exceed one mill against the taxable property of the township for the purpose of paying the township's share of the cost of the benefit-district road without the issuance of bonds.
There shall be no levy or collection of double taxes if petitions have been filed to change the course of one continuous road and where the course of such road has been changed by the filing of motion or petitions and it is not necessary to construct a part of the road contained in the first petition to complete the road. Any unnecessary part of the road shall not be built and no taxes shall be levied for the construction thereof.
History: L. 1909, ch. 201, § 9; L. 1911, ch. 249, § 3; L. 1917, ch. 265, § 9; L. 1919, ch. 246, § 6; L. 1921, ch. 218, § 3; R.S. 1923, 68-709; L. 1927, ch. 253, § 1; L. 1983, ch. 49, § 86; May 12.
The provisions of this act shall apply in all cases where the improvement of a highway has been petitioned for or machinery heretofore purchased, under the provisions of chapter 265 [], Laws of Kansas of 1917, or chapter 246 [], Laws of Kansas, 1919, or amendments thereto, but which projects have not been completed prior to the taking effect of this act.
History: L. 1921, ch. 218, § 4; April 4; R.S. 1923, 68-710.
All roads improved under the provisions of this act shall thereafter be maintained and kept in repair by the county in which said improved roads are located, in the same manner and method as required for federal aid roads as indicated in section 3 [*] of chapter 264 of the Session Laws of 1917.
History: L. 1911, ch. 249, § 4; L. 1917, ch. 265, § 10; L. 1919, ch. 246, § 7; April 8; R.S. 1923, 68-711.
The provisions of this act shall apply in all cases where the improvement of a highway had been petitioned for under the provisions of Laws 1909, chapter 201 [], or under the provisions of chapter 265 [], Laws of Kansas of 1917, but which projects had not been completed prior to the taking effect of this act. This act shall apply to all petitions heretofore signed, but not filed or granted under the provisions of the laws amended by this act.
History: L. 1919, ch. 246, § 8; April 8; R.S. 1923, 68-712.
History: L. 1909, ch. 201, § 10; L. 1917, ch. 265, § 11; R.S. 1923, 68-713; Repealed, L. 1949, ch. 346, § 1; June 30.
The provisions of this act shall not apply to the construction or improvement of roads costing less than five hundred dollars per mile.
History: L. 1909, ch. 201, § 11; March 10; R.S. 1923, 68-714.
When the permanent improvement of a road or roads was brought about or caused to be done by the benefit district plan and as provided in K.S.A. 68-701 to 68-714, any such road or roads may be reconstructed or reimproved by petition filed, as therein provided with the board of county commissioners of any county where such road or roads may be located, and said statutes and the methods and procedure therein set forth are hereby made applicable to the reconstruction or reimprovement of any such road or roads, and any such road or roads may be reconstructed or reimproved in the same manner and by the methods set forth in said statutes.
History: L. 1945, ch. 269, § 1; April 5.
Whenever any road project has been inaugurated by petition or otherwise, in accordance with the laws of this state, and the same, or any part thereof, has been abandoned and said projected road not constructed, and whenever the taxpayers of any such road district have paid into the county treasury one or more installments of taxes levied for the construction of such proposed road, the board of county commissioners of any county in this state, where such condition arises, is hereby empowered to refund to each person owning land in such road district, or in the township through which such abandoned road district is located, the amount of taxes paid by them for the construction of said road: Provided, however, That before the amount to be refunded to the taxpayers, in said road district and township, entitled to the same, shall be paid, the board of county commissioners shall make an order in which it shall describe specifically the metes and bounds of said abandoned road district and the township or portions of the townships through which said abandoned road district is located and shall also insert in their said order a finding setting forth the name of each taxpayer in said road district and township entitled to a refund of the taxes paid by him and the amount of money which he is entitled to have refunded to him, and said order and findings shall be recorded in the office of the county clerk, and the county clerk is hereby authorized and empowered to draw vouchers upon the county treasurer payable to the persons named in the order and findings of said board of county commissioners for the respective amounts so found to be due to them, and the county treasurer shall pay said vouchers out of the fund held in said abandoned road account: And provided further, That the remaining one half of said road fund collected from all of the taxpayers in any such county for the construction of said abandoned road project, shall be transferred from said abandoned road district fund to the general road fund of said county and be used by said county in the improvement of its system of county highways.
History: L. 1923, ch. 237, § 1; February 10; R.S. 1923, 68-715.
The petition as provided for in K.S.A. 68-701 may be for the improvement of a road or roads situated in more than one county or upon the county line between two counties. A certified copy of the petition shall be transmitted by the clerk of the county in which it is filed to the board of county commissioners of the adjoining county and after the approval and granting thereof by the county commissioners of each of said counties the several county boards may act in conjunction in carrying on said improvements under the provisions of this act. The assent of the majority of the members of each board shall be required in all proceedings.
A contract for the construction of a road in more than one county may be let, bids may be advertised for, proposals filed and the contract let at the county seat of either of the counties as the two boards shall direct. The cost as between two counties and the townships and benefit districts therein, shall be apportioned according to the area of the benefit districts in each county: Provided, That when a major portion of the road petitioned for lies within one county and the remaining portion lies on the county line between two counties, and part of the benefit district lies in each county, the cost shall be apportioned as follows: After deducting all federal aid, state aid and other donations, the remainder of the cost of that portion of the road lying entirely within one county shall be apportioned: fifty percent (50%) to the county; twenty-five percent (25%) to the taxable property within the township or townships in which the benefit district is situated, divided according to the area of the benefit district in each township; and twenty-five percent (25%) among the several tracts of land within the benefit district; the cost of the road on the county line after deducting all federal aid and state aid and other donations shall be apportioned as follows: twenty-five percent (25%) to each county; twelve and one-half percent (121/2%) to each county to be assessed against the taxable property of the township adjacent to said road; and in case two or more townships in one county lie adjacent to the county line road, the apportionment between the townships shall be on the ratio of the mileage of the road to be improved adjacent to each township; and twelve and one-half percent (121/2%) of the cost of the county line road shall be apportioned to each county to be assessed against the land in the benefit district.
After the ascertainment of the division of cost between the two counties and the total apportionment to the townships and benefit district in each and the application of state and federal aid and donations, the county boards shall act separately in carrying out the provisions of this act and shall make the assessments against each tract of land in the benefit district of each county in the manner provided in this act.
History: L. 1917, ch. 265, § 12; L. 1920, ch. 48, § 1; February 2; R.S. 1923, 68-716.
The provisions of this act shall apply in all cases where the improvement of a highway had been petitioned for under the provisions of chapter 265 [], Laws of Kansas of 1917, or chapter 246 [], Laws of Kansas of 1919, amendatory thereto, but which projects had not been completed prior to the taking effect of this act. This act shall apply to all petitions heretofore signed, but not filed or granted under the provisions of acts above mentioned.
History: L. 1920, ch. 48, § 2; February 2; R.S. 1923, 68-717.
History: L. 1917, ch. 265, § 13; R.S. 1923, 68-718; Repealed, L. 1969, ch. 305, § 1; July 1.
The provisions of this act as to apportionment of cost and the issuance of bonds and the levy of taxes shall apply in all cases where the improvement of a highway had been petitioned for under the provision of Laws 1909, chapter 201 [*], but which projects had not been completed nor the cost thereof apportioned prior to the taking effect of this act. This act shall apply to petitions heretofore signed, but not filed or granted, under the provisions of the said laws repealed by this act.
History: L. 1917, ch. 265, § 14; March 3; R.S. 1923, 68-719.
History: L. 1919, ch. 247, §§ 1 to 3; R.S. 1923, 68-720 to 68-722; Repealed, L. 1933, ch. 309, § 27; April 3.
History: R.S. 1923, 68-723; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1919, ch. 247, §§ 5, 6; R.S. 1923, 68-724, 68-725; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1920, ch. 49, §§ 1, 2; R.S. 1923, 68-726, 68-727; Repealed, L. 1933, ch. 309, § 27; April 3.
Whenever any land shall be platted and laid off into lots and blocks within any county, and outside the limits of any incorporated city, and whenever the owners of fifty-one percent (51%) or more of the front feet of the lots abutting on or fronting on the street, road or avenue sought to be improved, or if fifty percent (50%) or more of the land abutting on or fronting on any such street, road or avenue be platted as above provided, then whenever the owners of sixty percent (60%) or more of the unplatted frontage on any such street, road or avenue, together with the owners of a sufficient percentage of the frontage of the platted land abutting on or fronting on any such street, road or avenue to make fifty-one percent (51%) or more of the total frontage platted and unplatted on any such street, road or avenue sought to be improved, petition the board of county commissioners to make the improvements provided for by this act, the board of county commissioners shall have the power to provide for the construction or reconstruction of the curbing, guttering, paving, macadamizing or grading, including drainage, of any public road outside of the limits of any incorporated city whenever it shall deem the same necessary. Whenever any such work is done or improvements made, the board of county commissioners shall have the power either:
(a) To apportion the full cost thereof including its pro rata share of the cost of street intersections equally per front foot on all land abutting on or fronting on the street, road or avenue so improved, or apportion the costs as hereinafter provided, and to levy special assessments for the full cost or proportion thereof on all lots as platted and on any unplatted land abutting on or fronting on any such street, road or avenue, a distance back therefrom not exceeding one hundred and fifty (150) feet for the distance improved or to be improved in the manner provided for the payment of the cost of paving and curbing; or
(b) to apportion and to levy special assessments for the full cost thereof, including its pro rata share of the cost of street intersections upon the property on each side of the street, road, or avenue so improved, to the middle of the block or otherwise, all in the same manner and to the same extent as is provided in K.S.A. 12-606 and 12-608, and amendments thereto or K.S.A. 12-6a08 to 12-6a11, inclusive, and amendments thereto; and under either subparagraph (a) or (b) to issue improvement bonds therefor in like manner as is provided by law for the paving and curbing of the streets, alleys and public places of cities of the first class (except that the bonds may be issued to mature over a period of not exceeding twenty (20) years from the date of their issuance), and the entire distance to be improved shall constitute the improvement district provided for herein. Where, under subparagraph (b) such improvements have, prior to the effective date of this amendment, been initiated by proper petition and action taken thereon by the board of county commissioners, the method of apportionment and assessment heretofore prescribed by this section shall be utilized except where the owners of all property subject to assessment consent in writing to the method required by subparagraph (b) of this amendment.
None of the debt limitations prescribed by law for any such county shall apply to any bonds issued under the authority conferred by this section. Whenever the board of county commissioners shall determine that any part of a street, road or avenue, in addition to being of public utility, shall be of general importance to the county, and the improvement of which would incur unusual expense, the said board may adopt a resolution to that effect, and may charge not to exceed sixty percent (60%) of the expense of the improvement to the county, the expense to the lands within the benefit districts to be decreased in proportion.
After the adoption of such a resolution, the board may accept aid or donations, establish an improvement fund, issue bonds, levy taxes and pay costs out of the general fund and road fund in the same manner as authorized for like purposes under the provisions of K.S.A. 68-707 to 68-709, inclusive, and whenever improvements are made in accordance with the provisions of this act in which part of the cost of the improvement shall be apportioned to the county, the provisions of said K.S.A. 68-707 to 68-709, inclusive, shall apply, insofar as same can be made applicable.
Whenever any street, road or avenue is improved by the doing of any of the things provided for by this act, then thereafter the township within which such improvements are done or built may maintain such improvements within such township. The provisions of this act shall not apply to any road on which less than fifty percent (50%) of the property abutting on it is platted into lots and blocks. If the board of county commissioners has adopted a resolution creating such benefit district, it shall complete such work or improvements even though all or any part of the land therein is annexed to a city.
History: L. 1927, ch. 258, § 1; L. 1929, ch. 228, § 1; L. 1953, ch. 304, § 1; L. 1959, ch. 266, § 1; L. 1961, ch. 306, § 1; L. 1969, ch. 306, § 1; L. 1978, ch. 272, § 1; July 1.
If, in any county having a population of more than 20,000, a petition is filed in accordance with K.S.A. 68-728 for an improvement for which a special tax is to be levied and the board deems it necessary to make the improvement, the board of county commissioners shall, by resolution, declare such improvement necessary to be done. Such resolution shall be published once in the official paper of the county and shall be sent by certified mail to the owners of the property liable for taxation for the improvement, at the address where the owner's tax statement is sent. If the owners of more than ½ the property liable for taxation, for the improvement do not, within 20 days from such last publication, file with the county clerk their protest against such improvement, the board of county commissioners shall have power to cause such roads and highways to be constructed or built, 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, as deemed proper by the board of county commissioners.
As used in this section, "improvement" means curbing, guttering, paving, macadamizing, grading, recurbing, reguttering, repaving, remacadamizing or regrading a public road outside any incorporated city.
History: L. 1927, ch. 258, § 2; L. 1981, ch. 173, § 74; July 1.
For the purpose of acquiring any necessary land or rights-of-way over the same, or any property of any kind which may be necessary for the successful construction and maintenance of such roads and highways system, if the board of county commissioners cannot agree as to the price to be paid therefor, condemnation proceedings shall be instituted by the board of county commissioners and prosecuted in the name of the county under the provisions of the law in similar cases.
History: L. 1927, ch. 258, § 3; March 21.
In any township within any county having a population of more than 25,000 and less than 200,000, where all of the land on one side of the street, road or avenue, including any adjoining or connecting street, road or avenue sought to be improved is platted or laid off in lots and blocks, then when the owners of not less than 50% of the frontage of land on the street, road or avenue, including any adjoining or connecting street, road or avenue present a petition to them therefor, the board of county commissioners shall have the power to provide for the construction or reconstruction of the curbing, guttering, paving, macadamizing or grading, including drainage, of any public road outside of the limits of any incorporated city whenever it deems the same necessary.
Whenever any such work is done or improvements made, the board of county commissioners shall have the power to apportion the full cost thereof, including its pro rata share of the cost of the street intersections, equally per foot on all land abutting or fronting on the street, road or avenue improved, or apportion the costs as hereinafter provided for, and to levy special assessments for the full cost or proportion thereof on all lots or land abutting on or fronting on the street, road or avenue a distance back therefrom not exceeding 150 feet for the distance improved or to be improved in the manner provided for the payment of cost of paving and curbing in cities of the first class. The board of county commissioners may issue and sell improvement bonds therefor in like manner as is provided by law for the paving and curbing of streets, alleys and public places in cities of the first class. The entire distance to be improved shall constitute the improvement district provided for herein. Such bonds may be issued to mature in not more than 20 installments, the last of which shall be not later than 22 years from the date of issuance of the bonds. None of the debt limitations prescribed by law for any such county shall apply to any bonds issued under the authority conferred by this section and in applying any statute limiting bonded indebtedness such bonds shall not be considered.
Whenever the board of county commissioners determines that any part of a street, road or avenue, in addition to being of public utility, is of general importance to the county, and the improvement of which would incur unusual expense, the board may adopt a resolution to charge not to exceed 60% of the expense of the improvement to the county, the expense to the lands within the benefit districts to be decreased in proportion. After the adoption of such a resolution, the board may accept aid or donations, establish an improvement fund, issue bonds, levy taxes and pay costs out of the general fund and road fund in the same manner as authorized for like purposes under the provisions of K.S.A. 68-707 to 68-709, inclusive, and amendments thereto. Whenever improvements are made in accordance with the provisions of this act in which part of the cost of the improvement is apportioned to the county, the provisions of K.S.A. 68-707 to 68-709, inclusive, and amendments thereto, shall apply, insofar as the same may be made applicable. Whenever any street, road or avenue is improved by the doing of any of the things provided for by this act, then thereafter the township may maintain such improvements within such township. If the board of county commissioners has adopted a resolution creating such benefit district, it shall complete such work or improvements even though all or any part of the land therein is annexed to a city.
History: L. 1931, ch. 250, § 1; L. 1945, ch. 270, § 1; L. 1949, ch. 347, § 1; L. 1951, ch. 388, § 1; L. 1953, ch. 305, § 1; L. 1955, ch. 302, § 1; L. 1959, ch. 266, § 2; L. 1963, ch. 335, § 1; L. 1983, ch. 49, § 87; May 12.
Whenever a petition is presented in accordance with K.S.A. 68-731, and is approved by the board of county commissioners, then they shall proceed to make the improvement in the manner provided for in K.S.A. 68-729.
History: L. 1931, ch. 250, § 2; March 4.
Whenever it shall be necessary, to carry out the provisions of this act, to condemn a right of way or easement, the county commissioners shall proceed in the manner provided for in K.S.A. 68-730.
History: L. 1931, ch. 250, § 3; March 4.
History: L. 1933, ch. 244, § 1; L. 1941, ch. 311, § 1; Repealed, L. 1947, ch. 338, § 1; June 30.
A township having a population of more than 6,000 outside the limits of any incorporated city or town within such township, and located within any county having a population of more than 25,000 and less than 200,000 where all of the land on both sides of any road, street, or avenue, including any adjoining or connecting road, street or avenue, sought to be improved is platted or laid off in lots and blocks, then when the owners of 40% of the frontage of land on the street, road or avenue, including any adjoining or connecting road, street or avenue, present a petition to them therefor, the board of county commissioners shall have the power to provide for the construction or reconstruction of the curbing, guttering, paving, macadamizing or grading, including drainage, of any public road outside of the limits of an incorporated city whenever it deems the same necessary.
Whenever any such work is done or improvements made the board of county commissioners shall have the power to apportion the full cost thereof, including its pro rata share of the cost of street intersections, or apportion the costs as hereinafter provided, and to levy special assessments for the full cost or proportion thereof on each block separately, on all lots and pieces of lands to the center of the block on each side of such street, road or avenue in the manner provided for the payment of cost of paving and curbing in cities of the first class. The board of county commissioners may issue and sell improvement bonds therefor in like manner as is provided by law for the paving and curbing of streets, alleys and public places in cities of the first class. Such bonds may be issued to mature in not more than 20 installments, the last of which shall be not later than 22 years from the date of issuance of the bonds. None of the debt limitations prescribed by law for any such county shall apply to any bonds issued under the authority conferred by this section and in applying any statute limiting bonded indebtedness such bonds shall not be considered.
Whenever the board of county commissioners determines that any part of a street, road or avenue, in addition to being of public utility, is of general importance to the county, and the improvement of which would incur unusual expense, the board may adopt a resolution to that effect, and may charge not to exceed 60% of the expense of the improvement to the county, the expense to the lands within the benefit districts to be decreased in proportion. After the adoption of such a resolution, the board may accept aid or donations, establish an improvement fund, issue bonds, levy taxes, and pay costs out of the general fund and road fund in the same manner as authorized for like purposes under the provisions of K.S.A. 68-707 to 68-709, inclusive, and amendments thereto. Whenever improvements are made in accordance with the provisions of this act in which part of the cost of the improvement is apportioned to the county, the provisions of said K.S.A. 68-707 to 68-709, inclusive, and amendments thereto, shall apply, insofar as the same may be made applicable.
Whenever any street, road, or avenue is improved by the doing of any of the things provided for in this act, then thereafter the township may maintain such improvements within such township.
If the board of county commissioners has adopted a resolution creating such benefit district, it shall complete such work or improvements even though all or any part of the land therein is annexed to a city.
History: L. 1937, ch. 288, § 1; L. 1945, ch. 270, § 2; L. 1949, ch. 347, § 2; L. 1951, ch. 388, § 2; L. 1953, ch. 305, § 2; L. 1955, ch. 302, § 2; L. 1959, ch. 266, § 3; L. 1983, ch. 49, § 88; May 12.
Whenever a petition is presented in accordance with K.S.A. 68-735, and is approved by the board of county commissioners, then they shall proceed to make the improvement in the manner provided for in K.S.A. 68-729 and any amendments thereto.
History: L. 1937, ch. 288, § 2; June 30.
Whenever it shall be necessary, to carry out the provisions of this act, to condemn a right of way or easement, the county commissioners shall proceed in the manner provided for in K.S.A. 68-730 and any amendments thereto.
History: L. 1937, ch. 288, § 3; June 30.
History: L. 1939, ch. 248, §§ 1, 2; Repealed, L. 1947, ch. 345, § 1; June 30.
History: L. 1941, ch. 318, §§ 1 to 5; Repealed, L. 1947, ch. 345, § 1; June 30.
History: L. 1915, ch. 293, §§ 1 to 9; R.S. 1923, 68-801 to 68-809; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1915, ch. 237, §§ 1 to 8; R.S. 1923, 68-901 to 68-908; Repealed, L. 2004, ch. 39, § 1; July 1.
History: L. 1915, ch. 287, §§ 1 to 7; R.S. 1923, 68-1001 to 68-1007; Repealed, L. 1953, ch. 306, § 1; June 30.
History: L. 1933, ch. 293, § 1; Repealed, L. 1953, ch. 306, § 1; June 30.
(a) The portion of United States highway No. 40 traversing this state where it crosses the Missouri-Kansas border on the east to the point where it leaves the state on the west at the Kansas-Colorado line, be and it is hereby designated as the official east-west Blue Star memorial highway in the state of Kansas.
(b) If the state of Missouri designates a portion of interstate highway 70 as the Truman/Eisenhower Presidential highway, or something substantially similar, then the portion of United States highway No. 40 from where it crosses the Missouri-Kansas border, to the west city limits of Topeka, and then from the junction of highway K-15 with United States highway No. 40, then west on United States highway No. 40 to the point where it leaves the state at the Kansas-Colorado line, shall be designated as the official east-west Blue Star memorial highway in the state of Kansas.
History: L. 1951, ch. 394, § 1; L. 2011, ch. 71, § 3; July 1.
The portion of United States highway 77 from the northern boundary of Cowley county to the junction with United States highway 77 business then south on United States highway 77 business to United States highway 77 then south to the Kansas-Oklahoma border is hereby designated the Robert B. Docking memorial highway.
History: L. 1951, ch. 394, § 2; L. 1984, ch. 255, § 1; L. 1994, ch. 121, § 2; L. 1998, ch. 60, § 2; L. 2001, ch. 52, § 2; L. 2004, ch. 86, § 10; July 1.
The portion of United States highway 281 traversing this state where it crosses the Nebraska-Kansas boundary line on the north to the junction of United States highway 281 and K-18 highway, then from the southern city limits of Russell to the point where it leaves the state on the south at the Kansas-Oklahoma boundary line, be and it is hereby designated as "the American Legion memorial highway" in the state of Kansas.
History: L. 1955, ch. 307, § 1; L. 2024, ch. 56, § 9; July 1.
It shall be the duty of the secretary of transportation, with the cooperation of the governing body of each city and county, to designate and mark the primary route of the historic Santa Fe trail in Kansas, as described in the national park service comprehensive management and use plan, by placing suitable signs in locations where the trail travels on public highways and crosses public highways. The secretary may accept and administer gifts and donations to aid in obtaining suitable signs bearing the proper approved inscription.
History: L. 1961, ch. 309, § 1; L. 1990, ch. 248, § 1; July 1.
That portion of federal-interstate highway No. 35 which traverses the state is hereby designated "the 35th infantry division memorial highway."
History: L. 1963, ch. 336, § 1; June 30.
History: L. 1963, ch. 336, § 2; Repealed, L. 1974, ch. 272, § 2; July 1.
The secretary of transportation shall provide appropriate signs at proper intervals along the federal interstate highway No. 35 bearing an inscription to show the designation. The secretary may accept and administer gifts and donations to aid in obtaining suitable highway signs bearing the proper approved inscription. The memorial committee heretofore referred to in this section is hereby abolished.
History: L. 1963, ch. 336, § 3; L. 1974, ch. 272, § 1; L. 1975, ch. 427, § 132; August 15.
History: L. 1963, ch. 336, § 4; Repealed, L. 1974, ch. 272, § 2; July 1.
That Smoky Hill trail, also commonly called Butterfield trail and Old Denver trail, through the seven counties of Ellsworth, Russell, Ellis, Trego, Gove, Logan and Wallace from Fort Ellsworth to the Colorado state line, a distance of about two hundred twenty miles, be and is hereby designated as "Smoky Hill trail" in the state of Kansas. That said "Smoky Hill trail" should be and will hereafter be marked thereby preserving its exact location.
History: L. 1963, ch. 337, § 1; April 8.
It shall be the duty of the secretary of transportation to cooperate with any person or group of persons so interested in placing markers at proper intervals along any highway right-of-way indicating the points where said Smoky Hill trail runs parallel with or crosses any state highway. Said markers shall be made from the famous stone fence posts prominent in western Kansas, and said markers will be made showing a 30-inch shaft above a cement base and on the side facing any highway a panel is to be smoothed and the legend, B.O.D., 1865 (meaning Butterfield overland dispatch, the official title of the firm establishing this trail) sandblasted on in letters large enough to be easily read by anyone passing by on the highway.
History: L. 1963, ch. 337, § 2; L. 1975, ch. 427, § 133; August 15.
(a) A portion of United States highway 36 where it enters the state on the Kansas-Missouri line on the east, thence west to the east city limits of the city of Washington, is hereby designated as the pony express highway in the state of Kansas. The secretary of transportation shall place suitable signs along the highway right-of-way at proper intervals to indicate the highway is the pony express highway. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable highway signs.
(b) Bridges No. 028 and No. 029 are hereby designated as the pony express bridges in the state of Kansas. The secretary of transportation shall place suitable signs to indicate the bridges are the pony express bridges. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 1964, ch. 28, § 1 (Budget Session); L. 1988, ch. 271, § 1; July 1.
It shall be the duty of the secretary of transportation to designate and mark by suitable signs, following as nearly as possible the route of the historic Lewis and Clark expedition in Kansas, on the following described highways: From the Kansas-Missouri state line west on highway U.S. 24 and highway U.S. 40 through Kansas City, Kansas, to the intersection of highway U.S. 73; and from highway K-7 at the junction with U.S. highway 59 in the city of Atchison; highway K-7 north through Troy to the Kansas-Nebraska state line.
History: L. 1967, ch. 361, § 1; L. 1975, ch. 427, § 134; L. 1987, ch. 261, § 2; July 1.
It shall be the duty of the secretary of transportation to designate and mark by suitable signs, following as nearly as possible the route of the historic Chisholm trail in Kansas, on the following described highways: Highway K-15 from Abilene south to Newton to the junction of highway U.S. 81; thence on highway U.S. 81 south to the Kansas-Oklahoma state line.
History: L. 1967, ch. 361, § 2; L. 1975, ch. 427, § 135; August 15.
It shall be the duty of the secretary of transportation to designate and mark by suitable signs, those portions of established highways that traverse the state from the historic Hollenberg pony express station near the city of Hanover to the old cattle shipping town of Elgin, and connecting historic sites on the Oregon trail and the cities of Council Grove and Cottonwood Falls, as the prairie parkway, which highways are described as follows: Beginning at the Hollenberg pony express station east of Hanover on highway K-243; thence west to highway K-15E and south on K-15E to its junction with highway U.S. 36; thence east on highway U.S. 36 to its junction with highway U.S. 77; thence south on highway U.S. 77 to that highway's junction with the western city limits of the city of Blue Rapids in Marshall county; thence south on highway U.S. 77 from its junction with highway K-9 in Marshall county to its junction with highway K-16 just north of Randolph; thence east on highway K-16 to a junction with Pottawatomie county federal aid secondary route 1208, one-half mile east of Olsburg, Pottawatomie county, Kansas; thence on F.A.S. route 1208 in a southerly direction approximately five and one-half miles; thence southeasterly to the junction of highway K-13 and F.A.S. route 1208; thence south and southwest on highway K-13 to that highway's junction with highway U.S. 24; thence following K-177 south from the junction of K-177 highway with interstate highway 70 to El Dorado; thence south on U.S. 77 - U.S. 54 to the east junction with U.S. 400; thence east on U.S. 400 from the western boundary of Greenwood county to its junction with highway K-99 near Severy; thence south on K-99 to the southern Kansas border near the city of Chautauqua.
History: L. 1967, ch. 361, § 3; L. 1975, ch. 427, § 136; L. 2006, ch. 38, § 2; L. 2008, ch. 22, § 2; L. 2021, ch. 54, § 9; July 1.
It shall be the duty of the secretary of transportation to cooperate with persons and groups of persons interested in stimulating interest in such trails and parkway and assisting in furthering the purposes of this act.
History: L. 1967, ch. 361, § 4; L. 1975, ch. 427, § 137; August 15.
Kansas highway No. 15 from the Nebraska-Kansas boundary line, then south to the southern city limits of Clay Center, then south from the junction with K-82 highway to the Kansas-Oklahoma boundary line is hereby designated as "the Eisenhower memorial highway." The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the Eisenhower memorial highway.
History: L. 1967, ch. 359, § 1; L. 1975, ch. 427, § 138; L. 2018, ch. 78, § 12; July 1.
History: L. 1967, ch. 360, § 1; L. 1975, ch. 427, § 139; Repealed, L. 1990, ch. 249, § 2; July 1.
Highway K-32, the entire distance of which runs through the Kaw Valley within the boundaries of Douglas, Leavenworth and Wyandotte counties, is hereby designated as the Kaw Valley scenic highway, and the secretary of transportation is hereby directed to erect suitable signs and markers along said highway showing such designation.
History: L. 1971, ch. 222, § 1; L. 1975, ch. 427, § 140; August 15.
That portion of United States highway 50 from Emporia, then west to the junction with K-61 highway southwest of the city of Hutchinson, then west from the northwestern city limits of the city of Sylvia to Dodge City is hereby designated as the "Turkey wheat trail highway," and the secretary of transportation is hereby directed to erect suitable signs and markers along such highway showing such designation.
History: L. 1974, ch. 273, § 1; L. 1975, ch. 427, § 141; L. 2018, ch. 78, § 13; July 1.
That portion of United States highway 50 from Emporia to 118 road in Ford county is hereby designated as the "Turkey wheat trail highway," and the secretary of transportation is hereby directed to erect suitable signs and markers along such highway showing such designation.
History: L. 1974, ch. 273, § 1; L. 1975, ch. 427, § 141; L. 2018, ch. 5, § 2; March 15.
Interstate highway I-470 from the east Topeka interchange of the Kansas turnpike to its intersection with I-70 west of Topeka is hereby designated as "the Dr. Martin Luther King Jr. memorial highway." The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the Dr. Martin Luther King Jr. memorial highway.
History: L. 1982, ch. 278, § 1; July 1.
(a) The portion of United States highway 54 from the west city limits of the city of Greensburg, then southwest to the western city limits of the city of Meade, then in a southwesterly direction from the eastern city limits of the city of Plains to the Kansas-Oklahoma border, is hereby designated as "the yellow brick road." The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is "the yellow brick road," except that any additional signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining suitable highway signs bearing the proper approved inscription.
(b) The city of Liberal is hereby designated as "the Land of Oz" and "the home of Dorothy of the wizard of Oz."
History: L. 1982, ch. 360, § 2; L. 1985, ch. 256, § 7; L. 1996, ch. 122, § 2; L. 2003, ch. 115, § 3; L. 2005, ch. 64, § 3; L. 2018, ch. 78, § 14; July 1.
United States highway 24 from the west end of the intercity viaduct to the intersection of Waterway Drive and State Avenue is hereby designated as "the Dr. Martin Luther King, Jr. memorial highway." The city of Kansas City shall place markers along the highway's rights-of-way at proper intervals to indicate that the highway is the Dr. Martin Luther King, Jr. memorial highway.
History: L. 1984, ch. 250, § 1; July 1.
Interstate highway 135 from its intersection with Interstate 235 just north of the north city limit of Wichita to its intersection with Interstate 35 near the south city limit of Wichita is hereby designated as "the Dr. Martin Luther King, Jr., memorial highway." The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the Dr. Martin Luther King, Jr., memorial highway. The city of Wichita shall reimburse the secretary of transportation for the cost of placing markers, as provided by this section, in accordance with invoice of the secretary therefor.
History: L. 1985, ch. 232, § 5; July 1.
It shall be the duty of the secretary of transportation with the cooperation of the governing body of each city and county to designate and mark the primary route of the historic Oregon Trail in Kansas as described in the National Park Service comprehensive management and use plan, by placing suitable signs in locations where the trail travels on public highways and crosses public highways. The secretary may accept and administer gifts and donations to aid in obtaining suitable signs bearing the proper approved inscription.
History: L. 1985, ch. 229, § 1; July 1.
State highway 12 from its intersection with state highway 7, thence easterly on state highway 12 to the intersection of United States highway 56 and Interstate highway I-35, thence northeasterly on United States highway 56 to the Kansas-Missouri line is hereby designated "Shawnee Mission parkway." The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the route described is "Shawnee Mission parkway." Each city through which Shawnee Mission parkway passes shall reimburse the secretary of transportation for the cost of placing such markers on such route in their city in such amount as each city is billed by the secretary.
History: L. 1985, ch. 231, § 1; July 1.
From the junction of United States highway 24 and United States highway 40 with United States highway 73 and highway K-7, United States highway 73 and highway K-7 north to the southern city limits of Lansing, then north from the northern city limits of Lansing to the eastern junction with United States highway 59 in the city of Atchison, United States highway 73 west to the junction with United States highway 159, is hereby designated as the Amelia Earhart memorial highway. The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the Amelia Earhart memorial highway. The secretary of transportation may accept and administer gifts and donations to aid in obtaining suitable highway signs bearing the proper approved inscription.
History: L. 1987, ch. 261, § 1; L. 2015, ch. 40, § 6; July 1.
Interstate highway 670 where it enters the state on the Kansas-Missouri line on the east, thence west to the junction with Interstate highway 70, is hereby designated as the Dillingham freeway. The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the Dillingham freeway. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable highway signs bearing the proper approved inscription.
History: L. 1988, ch. 271, § 2; July 1.
The portion of United States highway 81 from the northern border of Cloud county, then south on United States highway 81 to the junction of interstate highway I-70 is hereby designated the Frank Carlson memorial highway. The secretary of transportation shall place suitable signs along the highway right-of-way at proper intervals to indicate the highway is the Frank Carlson memorial highway. The secretary of transportation may accept and administer gifts and donations to aid in obtaining suitable highway signs.
History: L. 1988, ch. 268, § 1; L. 2024, ch. 56, § 10; July 1.
Interstate highway 635 where it enters the state on the Kansas-Missouri line on the north, thence south to the eastern junction with K-5 highway, thence south from the western junction with K-5 highway to the junction with Interstate highway 35, is hereby designated as the Harry Darby memorial highway. The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the Harry Darby memorial highway. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable highway signs bearing the proper approved inscription.
History: L. 1990, ch. 246, § 1; L. 2025, ch. 101, § 6; July 1.
History: L. 1990, ch. 249, § 1; Repealed, L. 2011, ch. 108, § 2; July 1.
United States highway 66 is hereby designated as a historic highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is a historic highway. Such signs shall consist of the usual United States highway sign with the words "Historic Route 66" printed on the face of the sign. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable highway signs.
History: L. 1991, ch. 206, § 1; July 1.
United States highway 166 where it enters the city of Coffeyville on the northeast, thence south and west through the city to the point where it exits the city of Coffeyville on the west, is hereby designated as the Martin Luther King, Jr. memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Martin Luther King, Jr. memorial highway. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable highway signs.
History: L. 1991, ch. 207, § 1; July 1.
State highway K-2/K-42 from its intersection with Hoover Road, thence westerly on state highway K-2/K-42 to the intersection of state highway K-2/K-42 and Ridge Road, is hereby designated as Cessna boulevard. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is Cessna boulevard. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable highway signs.
History: L. 1991, ch. 208, § 1; July 1.
From the junction of K-15 with K-82 east through the city of Wakefield to the south junction of K-82 with U.S. highway 77, is hereby designated as the Wm. H. Avery highway. The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the Wm. H. Avery highway. The secretary of transportation may accept and administer gifts and donations to aid in obtaining suitable highway signs bearing the proper approved inscription.
History: L. 1993, ch. 145, § 1; July 1.
From the junction of K-9 with U.S. highway 75 south to the junction of U.S. highway 75 with K-16, is hereby designated as the Danny J. Petersen memorial highway. The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the Danny J. Petersen memorial highway. The secretary of transportation may accept and administer gifts and donations to aid in obtaining suitable highway signs bearing the proper inscription.
History: L. 1994, ch. 121, § 1; July 1.
K-96 highway northwest from the eastern city limits of the city of Mount Hope, then west to the eastern city limits of the city of Haven, then west from the western city limits of Haven to the city limits of Hutchinson is hereby designated as the state fair freeway. The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the state fair freeway. The secretary of transportation may accept and administer gifts and donations to aid in obtaining suitable highway signs bearing the proper approved inscription.
History: L. 1995, ch. 181, § 1; L. 2018, ch. 78, § 15; L. 2024, ch. 56, § 11; July 1.
United States highway 54 west from the east city limits of the city of Kingman to the west city limits of the city of Greensburg is hereby designated as the cannonball stageline highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the cannonball stageline highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs. The secretary of transportation may accept and administer gifts and donations to pay for the cost of such highway signs bearing the proper approved inscription.
History: L. 1996, ch. 122, § 1; July 1.
Bridge no. 013 located on United States highway 59 in Atchison county is hereby designated as the Amelia Earhart memorial bridge in the state of Kansas. The secretary of transportation shall place suitable signs to indicate the bridge is the Amelia Earhart memorial bridge. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 1997, ch. 61, § 1; April 17.
United States highway 77 from its south junction with United States highway 77 business, thence north to the north junction with United States highway 77 business, is hereby designated as the Walnut Valley greenway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the Walnut Valley greenway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs. The secretary of transportation may accept and administer gifts and donations to pay for the cost of such highway signs bearing the proper approved inscription.
History: L. 1998, ch. 60, § 1; July 1.
From the junction of K-254 with interstate highway 135 east on highway K-254 to the junction of K-254 with interstate highway 35, is hereby designated as the Senator Bill Morris memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Senator Bill Morris memorial highway. The secretary of transportation may accept and administer gifts and donations to aid in obtaining suitable highway signs bearing the proper approved inscription.
History: L. 1999, ch. 81, § 1; July 1.
Bridge no. 008 located on United States highway 83 in Seward county, is hereby designated as the Mike Hayden overpass bridge. The secretary of transportation shall place suitable signs to indicate the bridge is the Mike Hayden overpass bridge. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 1999, ch. 81, § 2; July 1.
Bridges no. 072 and no. 287 located on United States highway 169 in Wyandotte county, are hereby designated as the Herman G. Dillon bridges. The secretary of transportation shall place suitable signs to indicate the bridges are the Herman G. Dillon bridges. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 1999, ch. 81, § 3; July 1.
The portion of United States highway 75 where it enters the state on the Kansas-Nebraska border on the north then south to the junction with K-9, then south from the junction of K-9 with K-62 to the junction of K-62 with K-16 then east to the junction with United States highway 75 then south on United States highway 75 to the southern city limits of Holton, then from the junction of United States highway 75 and interstate highway 70 in Shawnee county then south on United States highway 75 to the southern boundary of Osage county, then from the northern city limits of the city of Yates Center south on United States highway 75 to the northern interchange with United States highway 400, then south from the southern interchange with United States highway 400 to the Kansas-Oklahoma border, is hereby designated the purple heart/combat wounded veterans highway. The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the purple heart/combat wounded veterans highway. The secretary of transportation may accept and administer gifts and donations to aid in obtaining suitable highway signs bearing the proper approved inscription.
History: L. 2001, ch. 52, § 1; L. 2010, ch. 152, § 2; L. 2012, ch. 12, § 2; L. 2012, ch. 166, § 14; L. 2014, ch. 48, § 4; L. 2017, ch. 67, § 3; L. 2019, ch. 40, § 2; July 1.
United States highway 24 where it enters the city of Topeka on the east, then west through the city of Topeka to the point where it exits the city of Topeka on the west, is hereby designated as the Charles Sheldon trafficway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Charles Sheldon trafficway. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2001, ch. 117, § 1; July 1.
That portion of United States highway 169 from the northern boundary of Allen county then south to the southern boundary of Allen county is hereby designated the Robert V. Talkington highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Robert V. Talkington highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2002, ch. 1, § 1; July 1.
United States highway 83 from the Kansas-Nebraska border, then south to the junction with United States highway 24, then south from the junction with interstate highway 70 to the Kansas-Oklahoma border is hereby designated the veterans of foreign wars memorial highway. The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the veterans of foreign wars memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining suitable highway signs bearing the proper approved inscription.
History: L. 2002, ch. 1, § 2; L. 2018, ch. 78, § 16; July 1.
From the junction of United States highway 400 with K-39 south on United States highway 400 to the junction of United States highway 400 and United States highway 75, is hereby designated as the Clayton J. Connell memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Clayton J. Connell memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining suitable highway signs bearing the proper approved inscription.
History: L. 2002, ch. 35, § 1; July 1.
From the junction of interstate highway 135 with interstate highway 70, south on interstate highway 135 to the southern boundary of Saline county is hereby designated the Ben E. Vidricksen highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Ben E. Vidricksen highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2002, ch. 35, § 2; July 1.
[The portion of highway K-99] from the south city limits of Frankfort, south on K-99 highway to the junction of K-99 and interstate highway 70, is hereby designated as "The road to Oz." The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is "The road to Oz," except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2003, ch. 115, § 2; L. 2012, ch. 9, § 2; July 1.
United States highway 24 from the west city limits of Topeka, then west on United States highway 24 to the west junction of United States highway 24 and K-177 highway, then south to the junction of K-177 highway and K-18 highway, then west on K-18 highway to the western city limits of the city of Manhattan, is hereby designated as the 75th division of the United States army highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the 75th division of the United States army highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2004, ch. 86, § 3; L. 2018, ch. 78, § 17; July 1.
The portion of United States highway 77 from interstate highway 70 south on United States highway 77 to the northern boundary of Cowley county is hereby designated as the 89th division of the United States army highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the 89th division of the United States army highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2004, ch. 86, § 4; July 1.
United States highway 24 from the east city limits of Topeka, then east on United States highway 24, to the junction with United States highway 59, then north on United States highway 59, to the junction with K-92 highway, then in a northeasterly direction on K-92 highway to the northern boundary of the city of McLouth, then in a northeasterly direction from 94th street in Jefferson county on K-92 highway to the city of Leavenworth, is hereby designated as the 95th division, the iron men of Metz highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the 95th division, the iron men of Metz highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2004, ch. 86, § 5; L. 2007, ch. 3, § 1; L. 2013, ch. 34, § 2; July 1.
From the junction of United States highway 400 with Lyon road in Labette county, east on United States highway 400 through the city of Parsons to the junction of United States highway 400 with Queens road, is hereby designated as the 930th ordnance ammunition company by-pass. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the 930th ordnance ammunition company by-pass, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2004, ch. 86, § 6; July 1.
K-20 highway west from the west city limits of the city of Horton to the junction of K-20 highway with United States highway 75 is hereby designated as the Kickapoo veterans memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Kickapoo veterans memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2004, ch. 86, § 7; July 1.
That portion of K-4 highway from the eastern boundary of Wabaunsee county then west to the western boundary of Wabaunsee county is hereby designated the Maisie DeVore highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Maisie DeVore highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2004, ch. 86, § 8; July 1.
From the junction of highway K-96 with United States highway 50, then north on highway K-96 north to the junction of highway K-96 and Wilson road, is hereby designated as the Senator Bob Dole by-pass. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Senator Bob Dole by-pass, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial costs to defray future maintenance and replacement cost of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2004, ch. 86, § 9; July 1.
The portion of United States highway 54 where it enters the state on the Kansas-Missouri border, then west to the east city limits of the city of Kingman is hereby designated as the Veterans Memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the Veterans Memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2005, ch. 64, § 1; July 1.
That portion of K-10 highway from the western boundary of Johnson county then east to the junction of K-10 highway and interstate highway 435 is hereby designated as the governor John Anderson, Jr. highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the [governor] John Anderson, Jr. highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2005, ch. 64, § 2; July 1.
That portion of interstate highway 135 from the northern boundary of McPherson county, then south on interstate highway 135 to the southern boundary of Harvey county is hereby designated the Vietnam war veterans memorial highway. The secretary of transportation shall place signs at each entrance onto interstate highway 135 in McPherson and Harvey counties indicating that the highway is the Vietnam war veterans memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial costs to defray future maintenance and replacement cost of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2006, ch. 42, § 1; July 1.
From the junction of K-177 highway with interstate highway 70 then north on K-177 to the junction of K-177 highway with United States highway 24, then north on United States highway 24 to the junction of United States highway 24 and K-13 highway, is hereby designated as the coach Bill Snyder highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the coach Bill Snyder highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2006, ch. 38, § 1; July 1.
That portion of United States highway 36 from the eastern boundary of Smith county then west to the western boundary of Smith county is hereby designated the World War I veterans memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the World War I veterans memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2006, ch. 43, § 1; March 30.
Interstate highway 335 from junction of interstate highway 335 with interstate highway 470 south to the junction of interstate highway 335 with interstate highway 35 is hereby designated the United States submarine veterans memorial highway. The Kansas turnpike authority shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the United States submarine veterans memorial highway, except that such signs shall not be placed until the Kansas turnpike authority has received sufficient moneys from gifts and donations to reimburse the Kansas turnpike authority for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The Kansas turnpike authority may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2006, ch. 43, § 2; March 30.
K-53 highway is hereby designated the patriot guard highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the patriot guard highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2008, ch. 23, § 1; July 1.
United States highway 73 from the north city limits of the city of Horton then north to the Kansas-Nebraska border is hereby designated as the Deputy Todd Widman memorial highway last call 3-1-2000. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the Deputy Todd Widman memorial highway last call 3-1-2000, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2007, ch. 31, § 1; July 1.
The portion of United States highway 400 from the east junction of United States highway 400 with United States highway 77 - United States highway 54 east to the eastern boundary of Butler county is hereby designated as the atomic veteran's memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the atomic veteran's memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2008, ch. 22, § 1; July 1.
That portion of United States highway 169 from the southern boundary of Anderson county then north to the southern city limits of the city of Olathe is hereby designated the Civil War veterans memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Civil War veterans memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2008, ch. 8, § 1; July 1.
From the junction of United States highway 160 with United States highway 83, then west on United States highway 160 to the Kansas-Colorado border is hereby designated the Spanish-American war veterans memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Spanish-American war veterans memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2008, ch. 8, § 2; July 1.
From the junction of United States highway 24 with United States highway 77 then west on United States highway 24 to the junction of United States highway 24 with United States highway 83 is hereby designated the World War II veterans memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the World War II veterans memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2008, ch. 8, § 3; July 1.
From the junction of K-4 highway with United States highway 281 then west on K-4 highway to the junction of K-4 highway with United States highway 83 is hereby designated the Korean War veterans memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Korean War veterans memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2008, ch. 8, § 4; July 1.
K-96 highway from the west city limits of Great Bend then west on K-96 highway to the junction of K-96 highway and United States highway 83 is hereby designated the Persian Gulf War veterans memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Persian Gulf War veterans memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2008, ch. 8, § 5; July 1.
K-156 highway from the west city limits of Larned then west on K-156 highway to the eastern city limits of Jetmore is hereby designated the Operation Iraqi Freedom veterans memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Operation Iraqi Freedom veterans memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2008, ch. 8, § 6; July 1.
K-156 highway from the west city limits of Jetmore then west on K-156 highway to the eastern city limits of Garden City is hereby designated the Operation Enduring Freedom veterans memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Operation Enduring Freedom veterans memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2008, ch. 8, § 7; July 1.
Kansas highway 25 from the Nebraska state line to interstate highway 70 is hereby designated the Great Plains Indian highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the Great Plains Indian highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2008, ch. 49, § 1; July 1.
The portion of United States highway 160 from the east city limits of the city of Independence, then east on United States highway 160, to the junction with United States highway 169 is hereby designated as the 1011th quartermaster co. U.S. army reserve memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the 1011th quartermaster co. U.S. army reserve memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and the additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2009, ch. 17, § 1; July 1.
Bridge no. 85 located on United States highway 166 in Labette county is hereby designated as the veterans memorial bridge. The secretary of transportation shall place suitable signs to indicate the bridge is the veterans memorial bridge, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2009, ch. 8, § 1; July 1.
Bridge No. 62 located on United States highway 77 in Marshall county is hereby designated as the 1st Lieutenant Michael Hugh Breeding memorial bridge. The secretary of transportation shall place suitable signs to indicate the bridge is the 1st Lieutenant Michael Hugh Breeding memorial bridge, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2010, ch. 10, § 1; July 1.
From the junction of K-14 highway and NE 100 road in Harper county, then south on K-14 highway and United States highway 160, to the junction of United States highway 160 and K-2 highway, then south on K-2 highway to the northern city limits of the city of Anthony, is hereby designated as the SFC David R. Berry/SGT WillSun M. Mock memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the SFC David R. Berry/SGT WillSun M. Mock memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2010, ch. 13, § 1; July 1.
From the north junction of interstate highway 35 with United States highway 59, then north on United States highway 59 to the northern boundary of Franklin county is hereby designated as the Vern Chesbro memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Vern Chesbro memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2010, ch. 79, § 1; July 1.
K-61 highway from the north city limits of Hutchinson then north on K-61 highway to the southern city limits of Medora is hereby designated the John Neal memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the John Neal memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the costs of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2010, ch. 65, § 1; July 1.
United States highway 75 from the southern city limits of Holton then south on United States highway 75 to the junction of United States highway 75 and N.W. 46th street in Shawnee county is hereby designated as the Lane freedom trail. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Lane freedom trail, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2010, ch. 152, § 1; July 1.
From the junction of United States highway 81 and K-18 highway then west on K-18 highway to the western boundary of Lincoln county is hereby designated as the Medal of Honor recipient Donald K. Ross memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Medal of Honor recipient Donald K. Ross memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2011, ch. 8, § 1; March 31.
The junction of United States highway 24 and K-7 highway in Wyandotte county is hereby designated as the Representative Margaret Long interchange. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the junction of United States highway 24 and K-7 highway is the Representative Margaret Long interchange, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2011, ch. 71, § 1; July 1.
If the state of Missouri designates a portion of interstate highway 70 as the Truman/Eisenhower Presidential highway, or something substantially similar, then the portion of interstate highway 70 from the Missouri state line to the junction with highway K-15 shall be designated the Eisenhower/Truman Presidential highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Eisenhower/Truman Presidential highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2011, ch. 71, § 2; July 1.
The portion of highway K-99 from the south city limits of Frankfort, north on K-99 highway to the junction with United States highway 36 is hereby designated as the Frankfort Boys World War II Memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Frankfort Boys World War II Memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2012, ch. 9, § 1; July 1.
The portion of United States highway 75 from the northern border of Coffey county, then south on United States highway 75 to the northern border of Woodson county is hereby designated as the Floyd H. Robinson memorial highway Vietnam MIA. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Floyd H. Robinson memorial highway Vietnam MIA, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2012, ch. 12, § 1; July 1.
[The portion of highway K-9] from the junction of United States highway 75 and K-9 highway, then west on K-9 to the junction of K-9 with K-63 is hereby designated as the David Mee memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the David Mee memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2012, ch. 34, § 1; July 1.
The junction of interstate 70 and United States highway 183 is hereby designated as the CW2 Bryan J. Nichols fallen veterans memorial interchange. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the junction of interstate 70 and United States highway 183 is the CW2 Bryan J. Nichols fallen veterans memorial interchange, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2012, ch. 80, § 1; July 1.
Bridge no. 060 on United States highway 77 in Marshall county is hereby designated as the SP4 Michael T. Martin memorial bridge. The secretary of transportation shall place suitable signs to indicate the bridge is the SP4 Michael T. Martin memorial bridge, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2012, ch. 124, § 1; July 1.
Bridge no. 054 on United States highway 36 in Marshall county is hereby designated as the SGT Joseph A. Zutterman Jr. memorial bridge. The secretary of transportation shall place suitable signs to indicate the bridge is the SGT Joseph A. Zutterman memorial bridge, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2012, ch. 124, § 2; July 1.
The portion of Kansas highway 79 from the junction of Kansas highway 79 and Kansas highway 16 to the junction of Kansas highway 79 and county road 254 in Jackson county is hereby designated as the Barnes brothers memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the Barnes brothers memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2012, ch. 31, § 1; July 1.
That portion of K-92 highway from the junction of K-92 highway and 94th street in Jefferson county then south on K-92 highway until the northern boundary of the city of McLouth is hereby designated as the John Bower memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the John Bower memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2013, ch. 34, § 1; July 1.
That portion of United States highway 169 from the city of Coffeyville, north on United States highway 169 to the junction of United States highway 169 and 3000 road in Montgomery county is hereby designated as the 242nd engineer company – KS army national guard – highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the 242nd engineer company – KS army national guard – highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2013, ch. 23, § 1; July 1.
The junction of K-14 highway and 16th road in Rice county is hereby designated as the Representative Robert G. (Bob) Bethell interchange. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the junction of K-14 highway and 16th road is the Representative Robert G. (Bob) Bethell interchange, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2014, ch. 48, § 1; July 1.
That portion of K-7 highway from the north city limits of Atchison, north on K-7 highway to the junction of K-7 with United States highway 36 is hereby designated as the SGT David Enzbrenner memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the SGT David Enzbrenner memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2014, ch. 48, § 2; July 1.
The portion of United States highway 75 from the northern interchange with United States highway 400, then south to the southern interchange with United States highway 400 is hereby designated as the Pack St Clair highway. The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the Pack St Clair highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2014, ch. 48, § 3; July 1.
That portion of K-161 highway from the junction of K-161 highway with United States highway 36, north on K-161 highway to the Nebraska state line is hereby designated as the ancient Indian traders trail. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the ancient Indian traders trail, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2014, ch. 48, § 5; July 1.
The portion of United States highway 160 from the junction of United States highway 160 and K-14 highway, then east to the eastern boundary of Harper county, then from the southern junction of United States highway 160 and K-2 highway, then west on United States highway 160 to the western boundary of Harper county is hereby designated as the Harper county veterans memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Harper county veterans memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the costs of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2014, ch. 48, § 6; July 1.
The portion of K-96 highway from the junction with Rock road in Sedgwick county then east to the junction with interstate highway 35 is hereby designated as the Bonnie Huy memorial highway. The secretary of transportation shall place markers along the highway right-of-way at proper intervals to indicate that the highway is the Bonnie Huy memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2014, ch. 48, § 7; L. 2015, ch. 40, § 4; July 1.
The junction of interstate highway 635 and metropolitan avenue in Wyandotte county is hereby designated as the Bonnie Sharp memorial interchange. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the junction of interstate highway 635 and metropolitan avenue is the Bonnie Sharp memorial interchange, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2014, ch. 48, § 8; July 1.
That portion of K-8 highway from the junction of K-8 highway with United States highway 36, north on K-8 highway to the Nebraska state line is hereby designated as the home on the range highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the home on the range highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2015, ch. 15, § 1; July 1.
That portion of United States highway 69 from the junction of United States highway 69 and 135th street in Johnson county, then south on United States highway 69 to the junction of United States highway 69 and 167th street is hereby designated as the 2nd Lieutenant Justin L Sisson memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the 2nd Lieutenant Justin L Sisson memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2015, ch. 40, § 2; July 1.
The portion of K-96 highway from the junction with interstate highway 135 then east to the junction with Rock road in Sedgwick county is hereby designated as the George Ablah expressway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the George Ablah expressway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2015, ch. 40, § 3; July 1.
That portion of K-7 highway from the southern city limits of the city of Lansing then north on K-7 highway to the northern city limits of the city of Lansing is hereby designated as the Kenneth W Bernard memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the Kenneth W Bernard memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2015, ch. 40, § 5; July 1.
The junction of interstate highway 70 and 110th street in Wyandotte county is hereby designated as the Bert Cantwell memorial interchange. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the junction of interstate highway 70 and 110th street is the Bert Cantwell memorial interchange, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2015, ch. 40, § 7; July 1.
Bridge no. 14(030) on Kansas highway 15 in Clay county is hereby designated as the Clay county Vietnam veterans bridge. The secretary of transportation shall place suitable signs to indicate the bridge is the Clay county Vietnam veterans bridge, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
History: L. 2015, ch. 25, § 1; July 1.
(a) On and after July 1, 2015, the secretary of transportation shall not place any signs commemoratively designating any highway, bridge, interchange or trail until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs.
(b) The provisions of this section shall not apply to K.S.A. 68-10,119, 68-10,121, 68-10,122, 68-10,123, 68-10,124, 68-10,125, 68-10,126, 68-10,127, 68-10,128 and 68-10,129, and amendments thereto.
History: L. 2015, ch. 40, § 1; L. 2018, ch. 78, § 18; July 1.
The junction of interstate highway 70 and commerce parkway in Ellis county is hereby designated as the chief warrant officer 5 David Carter fallen veterans memorial interchange. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the junction of interstate highway 70 and commerce parkway in Ellis county is the chief warrant officer 5 David Carter fallen veterans memorial interchange.
History: L. 2016, ch. 60, § 1; July 1.
The portion of United States highway 400 from the intersection with Queens road in Labette county, then east to the intersection with Udall road is hereby designated as the John Troy, Pete Hughes and Earl Seifert highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the John Troy, Pete Hughes and Earl Seifert highway.
History: L. 2016, ch. 60, § 2; July 1.
The junction of interstate highway 235 and central avenue in Sedgwick county is hereby designated as the Captain Chris Norgren memorial interchange. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the junction of interstate highway 235 and central avenue is the Captain Chris Norgren memorial interchange.
History: L. 2016, ch. 60, § 3; July 1.
The portion of K-148 from the intersection with 23rd road in Washington county, then north to the Nebraska state line is hereby designated as the SGT Lavern W Tegtmeier memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the SGT Lavern W Tegtmeier memorial highway.
History: L. 2016, ch. 60, § 4; July 1.
The portion of United States highway 75 from the northern border of Woodson county, then south on United States highway 75 to the northern city limits of the city of Yates Center is hereby designated as the sergeant Eldon K Miller memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the sergeant Eldon K Miller memorial highway.
History: L. 2017, ch. 67, § 2; L. 2018, ch. 78, § 19; July 1.
The portion of United States highway 50 from the east city limits of Dodge City to 118 road in Ford county is hereby designated as the SGT Gregg Steimel and PFC Richard Conrardy memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place highway signs along the right-of-way at proper intervals to indicate that the highway is the SGT Gregg Steimel and PFC Richard Conrardy memorial highway.
History: L. 2018, ch. 5, § 1; March 15.
The portion of K-15 from the southern city limits of the city of Clay Center, then south to its junction with K-82, is hereby designated as the master trooper Larry L. Huff memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the master trooper Larry L. Huff memorial highway.
History: L. 2018, ch. 78, § 1; July 1.
The portion of United States highway 50 from its junction with K-61 southwest of the city of Hutchinson, then west to the northwestern city limits of the city of Sylvia, is hereby designated as the trooper Conroy G. O'Brien memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the trooper Conroy G. O'Brien memorial highway.
History: L. 2018, ch. 78, § 2; July 1.
The portion of United States highway 54 from the western city limits of the city of Meade, then west to the eastern city limits of the city of Plains, is hereby designated as the trooper Jimmie Jacobs memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the trooper Jimmie Jacobs memorial highway.
History: L. 2018, ch. 78, § 3; July 1.
The portion of K-96 from its western junction with interstate highway 235, then northwest to the eastern city limits of the city of Mount Hope, is hereby designated as the trooper Ferdinand "Bud" Pribbenow memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the trooper Ferdinand "Bud" Pribbenow memorial highway.
History: L. 2018, ch. 78, § 4; July 1.
The portion of United States highway 83 from its junction with interstate highway 70, then north to the junction with United States highway 24, is hereby designated as the master trooper Dean A. Goodheart memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the master trooper Dean A. Goodheart memorial highway.
History: L. 2018, ch. 78, § 5; July 1.
The portion of K-18 from its junction with interstate highway 70, then northeast to the western city limits of the city of Manhattan, is hereby designated as the trooper John McMurray memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the trooper John McMurray memorial highway.
History: L. 2018, ch. 78, § 6; July 1.
The portion of United States highway 24 from its junction with United States highway 59 north of the city of Williamstown, then southeast to its junction with United States highway 40 north of the city of Lawrence, is hereby designated as the trooper Maurice R. Plummer memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the trooper Maurice R. Plummer memorial highway.
History: L. 2018, ch. 78, § 7; July 1.
The portion of United States highway 59 from its junction with United States highway 56, then north to the southern city limits of the city of Lawrence, is hereby designated as the lieutenant Bernard C. Hill memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the lieutenant Bernard C. Hill memorial highway.
History: L. 2018, ch. 78, § 8; July 1.
The portion of United States highway 81 from its junction with United States highway 166, then north to the Sedgwick county line, is hereby designated as the trooper James D. Thornton memorial highway. The secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the trooper James D. Thornton memorial highway.
History: L. 2018, ch. 78, § 9; July 1.
The portion of United States highway 69 from the junction of United States highway 69 and 167th street in Johnson county, then south on United States highway 69 to the junction of United States highway 69 and 215th street is hereby designated as the master deputy Brandon Collins memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the master deputy Brandon Collins memorial highway.
History: L. 2018, ch. 78, § 11; July 1.
On and after July 1, 2018, any sign that commemoratively designates a highway, bridge, interchange or trail in honor of an individual shall include, if applicable, the individual's:
(a) Rank, if a current or former member of law enforcement, the United States military or national guard; or
(b) title, if a current or former holder of an elected office or member of an elected body.
History: L. 2018, ch. 78, § 10; July 1.
The portion of United States highway 75 from the junction of United States highway 75 and N.W. 46th street in Shawnee county, then south on United States highway 75 to the junction of United States highway 75 and interstate highway 70 is hereby designated as the John Armstrong memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the John Armstrong memorial highway.
History: L. 2019, ch. 40, § 1; July 1.
Bridge no. 018-011 located on United States highway 77 in Cowley county is hereby designated as the SGT Kevin A. Gilbertson memorial bridge. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate the bridge is the SGT Kevin A. Gilbertson memorial bridge.
History: L. 2019, ch. 40, § 3; July 1.
The portion of K-67 from the southern limits of the Norton correctional facility then north to the northern limits of the Norton correctional facility in Norton county is hereby designated as the COII Trenton J Brinkman memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that the highway is the COII Trenton J Brinkman memorial highway.
History: L. 2021, ch. 54, § 1; July 1.
Bridge no. 54-88-17.86 (013) located on United States highway 54 in Seward county is hereby designated as the Jack Taylor memorial bridge. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate the bridge is the Jack Taylor memorial bridge.
History: L. 2021, ch. 54, § 2; July 1.
Bridge no. 54-88-17.87 (006) located on United States highway 54 in Seward county is hereby designated as the Max Zimmerman memorial bridge. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate the bridge is the Max Zimmerman memorial bridge.
History: L. 2021, ch. 54, § 3; July 1.
Bridge no. 0081-B0058 located on United States highway 77 in Riley county is hereby designated as the PFC Loren H Larson memorial bridge. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that the bridge is the PFC Loren H Larson memorial bridge.
History: L. 2021, ch. 54, § 4; July 1.
Bridge no. 0018-0089 located on United States highway 166 in Cowley county is hereby designated as the SGT Tyler A Juden memorial bridge. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate the bridge is the SGT Tyler A Juden memorial bridge.
History: L. 2021, ch. 54, § 5; July 1.
The portion of United States highway 69 from the southern junction of United States highway 69 with interstate highway 435 in Johnson county, then south on United States highway 69 to the junction of United States highway 69 and 135th street is hereby designated as the Senator Dennis Wilson memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the Senator Dennis Wilson memorial highway.
History: L. 2021, ch. 54, § 6; July 1.
The portion of K-7 from the junction of K-7 and K-10 in Johnson county, then south on K-7 to the junction of K-7 and west Santa Fe street is hereby designated as the Senator Bud Burke memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the Senator Bud Burke memorial highway.
History: L. 2021, ch. 54, § 7; July 1.
The portion of United States highway 77 from the western city limits of the city of Blue Rapids then west to the eastern city limits of the city of Waterville in Marshall county is hereby designated as the CPL Allen E Oatney and SP4 Gene A Myers memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that the highway is the CPL Allen E Oatney and SP4 Gene A Myers memorial highway.
History: L. 2021, ch. 54, § 8; July 1.
The portion of United States highway 166 from the junction of United States highway 166 with United States highway 81 in Sumner county then east to the western city limits of Arkansas City, Kansas, in Cowley county is hereby designated as the SGT Evan S Parker memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that the highway is the SGT Evan S Parker memorial highway.
History: L. 2022, ch. 56, § 1; July 1.
The portion of United States highway 56 from the northeastern city limits of Edgerton in Johnson county, then northeast to the southwestern city limits of Gardner in Johnson county is hereby designated as the PFC Shane Austin memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that the highway is the PFC Shane Austin memorial highway.
History: L. 2022, ch. 56, § 2; July 1.
The portion of United States highway 69 from the northern junction of United States highway 69 and United States highway 54 in Bourbon county, then north on United States highway 69 to the Linn county line is hereby designated as the Senator Tom R Van Sickle memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that the highway is the Senator Tom R Van Sickle memorial highway.
History: L. 2022, ch. 56, § 3; July 1.
Bridge No. 19-0115 located between the intersections with K-126 and north grand street and K-126 and north rouse street in the city of Pittsburg in Crawford county is hereby designated as the Dennis Crain memorial bridge. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that the bridge is the Dennis Crain memorial bridge.
History: L. 2022, ch. 56, § 4; July 1.
The portion of United States highway 69 from the northern junction of United States highway 69 and K-52 highway in Linn county, then south on United States highway 69 to the southern junction of United States highway 69 and K-52 highway is hereby designated as the AMM2c Walter Scott Brown memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that the highway is the AMM2c Walter Scott Brown memorial highway.
History: L. 2022, ch. 56, § 5; July 1.
Bridge no. 0011-B0072 located on K-66 highway in Cherokee county and bridge no. 0011-B0005 located on K-66 highway in Cherokee county are each hereby designated as the veterans memorial bridge. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that each bridge is the veterans memorial bridge.
History: L. 2022, ch. 56, § 6; July 1.
The portion of interstate 435 in Johnson county from its junction with Shawnee mission parkway then north on interstate 435 to its junction with Holliday drive is hereby designated as the Officer Donald Burton Gamblin Jr memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs along the highway right-of-way at proper intervals to indicate that the highway is the Officer Donald Burton Gamblin Jr memorial highway.
History: L. 2023, ch. 72, § 1; July 1.
The portion of United States highway 69 from its junction with K-47 highway in Crawford county then north on United States highway 69 to its junction with 650th avenue is hereby designated as the Robert Lessen memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs along the highway right-of-way at proper intervals to indicate that the highway is the Robert Lessen memorial highway.
History: L. 2023, ch. 72, § 2; July 1.
The portion of K-96 highway from the eastern city limits of Haven to the western city limits of Haven in Reno County is hereby designated as the PFC Henry Lee Fisher memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs along the highway right-of-way at proper intervals to indicate that the highway is the PFC Henry Lee Fisher memorial highway.
History: L. 2024, ch. 56, § 1; July 1.
th The portion of K-96 highway from its junction with 56th avenue then northwest on K-96 highway to its junction with Nickerson road in Reno county is hereby designated as the 96th Infantry Division memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs along the highway right-of-way at proper intervals to indicate that the highway is the 96th Infantry Division memorial highway.
History: L. 2024, ch. 56, § 2; July 1.
Bridge No. 160-96-293.72 located on United States highway 160 in Sumner county is hereby designated as the SrA Derek Scott Martin memorial bridge. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that such bridge is the SrA Derek Scott Martin memorial bridge.
History: L. 2024, ch. 56, § 3; July 1.
The portion of United States highway 69 from the junction of United States highway 69 and grand road in Bourbon county, then south on United States highway 69 to the junction of United States highway 69 and east 650th avenue in Crawford county is hereby designated as the Ken W Brock memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that the highway is the Ken W Brock memorial highway.
History: L. 2024, ch. 56, § 4; July 1.
The portion of United States highway 81 where it enters the state on the Kansas-Nebraska line, then south on United States highway 81 to the southern border of Republic county is hereby designated as the Merle Miller memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that the highway is the Merle Miller memorial highway.
History: L. 2024, ch. 56, § 5; July 1.
The portion of United States highway 281 from the southern city limits of Russell, then north to its junction with K-18 highway in Russell county is hereby designated as the first responders memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs along the highway right-of-way at proper intervals to indicate that the highway is the first responders memorial highway.
History: L. 2024, ch. 56, § 6; July 1.
The interchange that will be constructed as part of the K-10 highway expansion project located at the existing at grade intersection of K-10 highway and Wakarusa drive in Douglas county is hereby designated as the Kris Norton memorial interchange. Upon compliance with K.S.A. 68-1,114*, and amendments thereto, the secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the interchange is the Kris Norton memorial interchange.
History: L. 2025, ch. 101, § 1; July 1.
The portion of K-5 highway from the junction of K-5 highway and north 18th street in Wyandotte county, then west on K-5 highway to the junction of north 38th street is hereby designated as the Rep Marvin S Robinson memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the Rep Marvin S Robinson memorial highway.
History: L. 2025, ch. 101, § 2; July 1.
The portion of United States highway 160 from the eastern city limits of Argonia, then east on United States highway 160 to its junction with Eden road is hereby designated as the CPL Monte Wayne Forrest memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place highway signs along the highway right-of-way at proper intervals to indicate that the highway is the CPL Monte Wayne Forrest memorial highway.
History: L. 2025, ch. 101, § 3; July 1.
The portion of United States highway 77 from its junction with interstate 70, then north on United States highway 77 in Geary county to its western junction with United States highway 24 in Riley county, then north on United States highway 77 from its eastern junction with United States highway 24 to the junction with K-16 highway is hereby designated as the POW MIA memorial highway. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs along the highway right-of-way at proper intervals to indicate that the highway is the POW MIA memorial highway.
History: L. 2025, ch. 101, § 4; July 1.
Bridge No. 82-14-6.88 (026) located on K-82 highway in Clay county is hereby designated as the POW MIA memorial bridge. Upon compliance with K.S.A. 68-10,114, and amendments thereto, the secretary of transportation shall place suitable signs to indicate that such bridge is the POW MIA memorial bridge.
History: L. 2025, ch. 101, § 5; July 1.
Unless the context clearly indicates otherwise the following words shall have the meanings herein ascribed to them wherever they appear in chapter 68 of the Kansas Statutes Annotated, and acts amendatory thereof or supplemental thereto:
(1) The word "bridge" shall mean a structure having a clear span of more than twenty (20) feet, measured along the center line of the road between the inside faces of end supports, and multiple-span structures where the sum of the individual clear spans plus the aggregate width of the intermediate support or supports is in excess of twenty (20) feet;
(2) the word "culvert" shall mean any waterway structure not defined as a bridge;
(3) the word "subway" shall mean a clear opening for public highway travel under a bridge or trestlework;
(4) the word "structure" shall mean either a bridge, a culvert or a subway.
For the purposes of this chapter, a concrete overflow bridge or ford forty (40) feet or more in length shall be considered a bridge, and may be constructed and maintained in accordance with the laws relating to the construction and maintenance of bridges; and any concrete overflow bridge or for less than forty (40) feet in length shall be considered a culvert and may be constructed and maintained in the manner provided by law for the construction and maintenance of culverts.
History: L. 1917, ch. 80, § 1; L. 1919, ch. 97, § 1; R.S. 1923, 68-1101; L. 1961, ch. 299, § 23; June 30.
History: L. 1917, ch. 80, § 2; L. 1919, ch. 98, § 1; R.S. 1923, 68-1102; Repealed, L. 1961, ch. 300, § 1; June 30.
(a) Whenever the board of county commissioners of any county shall determine that it is necessary to build or repair any road, bridge or culvert, the board may appropriate an amount equal to its share and shall make all contracts for labor, material and all other expense necessary for the construction or repair of such work in the manner provided by law or may make and let a contract for the construction or the repair thereof, but the amount appropriated shall not exceed the county engineer's estimated cost to the county for the work.
(b) In any county where there has been constructed prior to the passage of this act or hereafter is constructed any road, bridge or culverts which shall have been destroyed or rendered impassable, or hereafter is destroyed or rendered impassable by flood, high water, fire or other casualty, or where there is any road, bridge or culvert determined by the board of county commissioners and the county engineer as unsafe or inadequate to meet the demands of present day traffic or where the board of county commissioners has made a determination under subsection (a), then such board of county commissioners immediately thereafter may construct, repair or reconstruct such road, bridge or culvert; may adopt a resolution finding and determining a necessity for such construction, repair or reconstruction and may proceed to construct, repair or reconstruct the same at a cost to be determined by the county engineer's estimate and shall appropriate a sufficient amount of money therefor. If there is not a sufficient amount of money therefor in the proper funds of the county, such board is hereby authorized and empowered to issue general obligation bonds of the county to pay:
(1) The costs for the construction, repair or reconstruction of such bridge or culvert under the provisions of this subsection. Any bonds issued pursuant to this subsection to pay the costs of such bridge or culvert work shall not be subject to any limitation on the bonded indebtedness of the county; or
(2) the costs for the construction, repair or reconstruction of any such road under the provisions of this subsection; except that no such bonds shall be issued until the board of county commissioners shall have published a resolution authorizing the issuance of such bonds once each week for three consecutive weeks in the official county newspaper. If within 60 days following the last publication of such resolution, a petition in opposition to the issuance of such bonds, signed by not less than 5% of the qualified electors of the county, is filed with the county election officer, no bonds shall be issued unless a majority of the electors voting on the question of issuing such bonds approve the same. Such election shall be called and held in the manner provided for the calling and holding of elections under the general bond law.
(c) The board of county commissioners may levy and collect taxes for the purpose herein named or for the purpose of retiring any bonds that have been issued.
History: L. 1917, ch. 80, § 3; L. 1919, ch. 98, § 2; L. 1920, ch. 8, § 1; L. 1923, ch. 4, § 1 (Special Session); R.S. 1923, 68-1103; L. 1939, ch. 243, § 1; L. 1941, ch. 312, § 1; L. 1943, ch. 240, § 1; L. 1947, ch. 344, § 1; L. 1951, ch. 389, § 1; L. 1971, ch. 223, § 1; L. 1972, ch. 248, § 5; L. 1978, ch. 273, § 1; L. 1986, ch. 255, § 1; L. 1988, ch. 272, § 1; L. 1998, ch. 111, § 1; July 1.
The board of county commissioners shall construct, reconstruct, repair and maintain all county bridges and county culverts located on county roads and township roads and the cost of such work shall be paid from the bridge fund of the county. All township culverts shall be constructed, reconstructed, repaired and maintained by the township board of highway commissioners and the cost of such work shall be paid from the road fund of the township. Except as hereinafter provided, all approaches to culverts and bridges on township roads shall be constructed, reconstructed, and maintained by the township board of highway commissioners and the cost of such work shall be paid from the road fund of the township, except that where the payment of the costs of constructing such approaches has been authorized by a majority vote of the electors of the county in which such township is located prior to the effective date of this act, said cost of construction shall be paid from the county's bridge fund, within the limit of moneys authorized by such election. The board of county commissioners may elect to pay, from the bridge fund of the county, for the construction, reconstruction or maintenance of any approach to a culvert or bridge on a township road, in which event the township board of highway commissioners shall not be responsible therefor.
History: L. 1917, ch. 80, § 4; L. 1919, ch. 98, § 3; L. 1921, ch. 85, § 1; L. 1923, ch. 75, § 2; R.S. 1923, 68-1104; L. 1927, ch. 254, § 1; L. 1970, ch. 274, § 1; L. 1978, ch. 274, § 1; July 1.
Whenever the board of county commissioners of any county be of the opinion that it is necessary to construct or repair any county bridge or culvert it shall determine in what manner the same shall be built or repaired, and shall direct the county engineer to prepare complete plans for the same, and after the approved plans and specifications have been filed and before the notice of the letting is published the county engineer shall make and furnish to the board an accurate sworn estimate of the cost of the construction or repair of the same: Provided, That the board may employ an engineer to act in conjunction with the county engineer in preparing plans, specifications, estimates, and in superintending the construction of any bridge or culvert work: Provided, however, That no engineer shall be employed by the board to furnish or to prepare plans, specifications or estimates for any county or township bridge or culvert work, or to supervise the construction of any such work, who is in the employ of or represents any bridge company, bridge firm, or bridge contractor. Alternate plans may be put on file provided they are in accordance with the general specifications.
History: L. 1917, ch. 80, § 5; March 8; R.S. 1923, 68-1105.
Whenever the board of county commissioners of any county determines that it is necessary to build or repair any bridge, the county's share of the cost of which shall exceed the sum of $250,000, it shall pass a resolution declaring such construction or repairs a necessity. If there are not sufficient moneys in the appropriate funds of the county to pay the county's share of such cost, the board of county commissioners may authorize the issuance of bonds of the county therefor. The resolution declaring it necessary to build or repair such bridge shall specify the amount of any bonds proposed to be issued for the payment of the cost thereof and shall be published once each week for two consecutive weeks in the official county newspaper.
If, within 30 days after the last publication of such resolution, a petition signed by 5% of the legally qualified electors of the county is presented to the board of county commissioners requesting that the question of building or repairing such bridge and the issuance of bonds of the county in payment of the cost thereof be submitted to a vote of the qualified electors of the county, the board of county commissioners shall call an election on the question of building or repairing such bridge and issuing bonds of the county in payment of the cost thereof. If no sufficient petition is filed within the prescribed time or, in the event a special election is called and held and a majority of the votes cast on the proposition submitted shall be in favor thereof, the board of county commissioners may proceed to make such construction or repairs and shall provide for the payment of the cost thereof out of appropriate funds of the county or, if specified in the resolution authorizing the same, by the issuance of bonds of the county in the amount so specified. Such bonds shall be issued in the manner prescribed in the general bond law. Nothing in this section shall apply to any bridge work or bond issue therefor under the provisions of K.S.A. 68-1401 to 68-1405, inclusive, and amendments thereto.
In any county having a population of more than 300,000, bonds issued under the authority of this section shall not be subject to any limitation on the bonded indebtedness of such county, but the annual principal amount of bonds issued in any fiscal year under the authority of this section and K.S.A. 68-1103, and amendments thereto, shall not, in the aggregate, exceed $3,000,000.
History: L. 1917, ch. 80, § 6; L. 1919, ch. 98, § 4; L. 1920, ch. 8, § 2; R.S. 1923, 68-1106; L. 1951, ch. 389, § 2; L. 1971, ch. 223, § 2; L. 1976, ch. 295, § 1; L. 1978, ch. 273, § 2; L. 1983, ch. 229, § 2; L. 1986, ch. 255, § 2; May 1.
Bridges and culverts located on public roads or highways of this state shall be classified as follows:
(a) All bridges located on county or township roads shall be known as "county bridges";
(b) all culverts located on county roads or within the right of way lines of a county road shall be known as "county culverts";
(c) all culverts located on township roads with a required opening of twenty-five (25) square feet or more, as determined by the county engineer, shall be known as "county culverts";
(d) all culverts located on township roads having a required opening of less than twenty-five (25) square feet, as determined by the county engineer, shall be known as "township culverts."
History: L. 1917, ch. 80, § 7; L. 1923, ch. 75, § 1; R.S. 1923, 68-1107; L. 1961, ch. 299, § 24; June 30.
That standard specifications for all bridges, culverts and railroad overhead crossings and subways shall be furnished without cost to the counties, townships and railroad companies by the secretary of transportation, and all work shall be done in accordance therewith.
History: L. 1917, ch. 80, § 8; R.S. 1923, 68-1108; L. 1975, ch. 427, § 142; August 15.
(a) Except as otherwise provided, all bridges constructed on county major collector roads or highways and on county minor collector roads or highways shall have a clear roadway of not less than 24 feet. Except as otherwise provided, bridges constructed on township and local service roads and highways shall have a clear roadway of not less than 20 feet. A bridge over 100 feet in length constructed on a county major collector road or highway or on a county minor collector road or highway may have a clear roadway of less than 24 feet, if approved by the county engineer, and a bridge over 100 feet in length constructed on a township or local service road or highway may have a clear roadway of less than 20 feet when approved by the county engineer.
(b) All culverts constructed on county major collector roads or highways or on county minor collector roads or highways shall have a clear roadway of not less than 24 feet. The roadway of any bridge constructed on any public road or highway over the tracks of any railroad shall not be less than 24 feet wide for any county major collector road or highway or county minor collector road or highway and not less than 20 feet wide for any township or local service road or highway.
History: L. 1917, ch. 80, § 9; R.S. 1923, 68-1109; L. 1961, ch. 299, § 25; L. 1975, ch. 427, § 143; L. 1986, ch. 252, § 5; L. 2005, ch. 84, § 9; July 1.
History: L. 1917, ch. 80, § 10; R.S. 1923, 68-1110; Repealed, L. 1935, ch. 250, § 1; March 6.
History: L. 1917, ch. 80, § 11; R.S. 1923, 68-1111; L. 1957, ch. 364, § 1; L. 1971, ch. 224, § 1; L. 1975, ch. 427, § 144; L. 1979, ch. 212, § 1; L. 1986, ch. 255, § 3; Repealed, L. 2015, ch. 40, § 8; July 1.
History: L. 1917, ch. 80, § 12; R.S. 1923, 68-1112; L. 1961, ch. 299, § 26; L. 1975, ch. 353, § 1; Repealed, L. 1980, ch. 86, § 2; July 1.
All bids shall be made on the proposal blanks furnished by the county, signed by the bidder, sealed and presented by the bidder, the bidder's agent or attorney or sent by mail, to the county clerk. The board shall conduct the letting of all contracts for bridge and culvert work in such a manner as to give free, open competition, and all qualified bidders shall be given an equal opportunity to bid upon the plans and specifications on file, and they shall be required when bidding a lump sum on two or more bridges or culverts to also submit a separate proposal on each of the bridges or culverts included in their proposals.
History: L. 1917, ch. 80, § 13; R.S. 1923, 68-113; L. 1975, ch. 427, § 145; L. 2004, ch. 40, § 3; July 1.
Whenever the board of commissioners of any county is authorized to let contracts for the construction or repair of two or more bridges, the board of commissioners may consolidate any of such bridge construction or repair projects and may let a single contract therefor in the manner prescribed by law. All bidders for a contract for the construction or repair of two or more bridges shall submit a separate proposal on each such bridge construction or repair project included under such contract as required by K.S.A. 68-1113, and any amendments thereto. When bids are let for such a consolidated project, the board shall accept the lowest lump sum bid for such consolidated project if such lump sum bid is less than the sum of the lowest bid for each separate bridge or culvert included in such consolidated project and may accept the lowest lump sum bid in any other case.
History: L. 1975, ch. 348, § 1; May 6.
Each bidder shall be required to deposit with such bidder's proposal a good and sufficient surety bond issued by a company authorized to do business in this state, a certified check or a cashier's check in an amount of not less than 5% of such bid proposal, in the discretion of the board, payable to the county treasurer. If the bidder to whom the contract is awarded shall fail to accept and execute the contract and file a bond as provided in this act, the bidder's check shall be forfeited and paid to the county treasurer and the board may award the contract to the next lowest responsible bidder.
History: L. 1917, ch. 80, § 14; R.S. 1923, 68-1114; L. 1970, ch. 274, § 2; L. 1973, ch. 106, § 25; L. 1975, ch. 353, § 2; L. 2004, ch. 40, § 4; July 1.
The bids received shall be opened publicly by the board or the board's designee at the place, date and hour named in the advertising notice, and shall be recorded in detail in the minutes of the board of county commissioners or a record kept for that purpose by the county clerk. All bids shall be considered and accepted or rejected. In case the work is let at such public letting or thereafter, the contract shall be awarded to the lowest responsible bidder, or the board may, if it deems the proposals too high, reject all bids and readvertise the work as before, or it may let the work privately by submitting the contract, with a statement of the reasons for rejecting the bids at the public letting, to the secretary of transportation for approval, except that no contract shall be let at an amount exceeding 110% of the county engineer's estimated cost or at a higher price than the lowest responsible bid received at the public letting. The opening of any bid by any person after the bid has been filed with the county clerk and before the time appointed for the opening of bids shall be a class C misdemeanor.
History: L. 1917, ch. 80, § 15; R.S. 1923, 68-1115; L. 1975, ch. 427, § 146; L. 2004, ch. 40, § 5; L. 2005, ch. 81, § 2; July 1.
Nothing in this act shall prohibit the board from buying materials and contracting all or any part of the labor or purchasing or renting equipment to do the work by day labor under the direction of the county engineer. Prior to beginning the construction or repair of any bridge or culvert work by day labor the approved plans and specifications and the county engineer's estimates of the cost must be filed in the county clerk's office, and the said county engineer shall keep an accurate itemized account of all expenditures for labor and materials and work performed and file a signed statement of the same in the office of the county clerk at the end of each month and final statement when the work is completed. The provisions of this section shall not apply to any work the estimated cost of which exceeds fifty thousand dollars ($50,000).
History: L. 1917, ch. 80, § 16; L. 1919, ch. 98, § 5; R.S. 1923, 68-1116; L. 1961, ch. 299, § 27; L. 1963, ch. 338, § 1; L. 1971, ch. 223, § 3; L. 1979, ch. 212, § 2; July 1.
Within 21 days after any public letting, the bidder to whom any contract shall be awarded shall enter into contract with the board of county commissioners and shall give bond to the county in a penal sum equal to the amount of the contract price, conditioned upon the faithful performance of the contract and guaranteeing the county against loss from defects of workmanship and materials. The sufficiency of the bond shall be approved by the chairperson of the board of county commissioners, but the county shall not be bound until the county attorney or county counselor approves the form as legal and binding upon both parties by the county attorney's or county counselor's signature endorsed thereon.
History: L. 1917, ch. 80, § 17; R.S. 1923, 68-1117; L. 2004, ch. 40, § 6; L. 2005, ch. 81, § 3; July 1.
It is hereby made the duty of the county attorney or county counselor:
(a) To personally examine as to form, the advertisement, proposal, contract, plans, specifications, bond and the minutes of the board's meeting for each bridge or culvert proposed to be built or repaired by contract; and
(b) to determine whether the contract has been awarded in strict compliance with this act.
No contract shall be legal and binding on the county until the contract is signed by the chairperson of the board of county commissioners, by order of the board at a legal meeting thereof, and approved by the county attorney or county counselor by the county attorney's or county counselor's signature endorsed thereon.
History: L. 1917, ch. 80, § 18; R.S. 1923, 68-1118; L. 2004, ch. 40, § 7; July 1.
If the county engineer deems it necessary the county engineer shall appoint, with the approval of the board, a competent inspector to inspect the construction of any bridge or culvert work. The county engineer shall be in direct charge of all construction work and may remove such inspector at any time for cause, except that when federal aid is granted for the construction of any bridge or culvert work such construction shall be under the direct supervision of the secretary of transportation. The fact that the county has an inspector on the work shall not release the contractor from the entire fulfillment of the terms of such contractor's contract.
History: L. 1917, ch. 80, § 19; R.S. 1923, 68-1119; L. 1975, ch. 427, § 147; L. 2004, ch. 40, § 8; July 1.
The board of county commissioners may make partial payments upon written estimate of their engineer, on any contract for bridge or culvert work under this act as the work progresses, except that at no time shall more than 95% of the estimate of the materials at such time furnished and of the work at such time done be paid in advance of the full and satisfactory completion of the work. Final payment shall not be made on any of such contracts until the county engineer has inspected the structure and certified in writing that the work has been done properly and completed according to contract, plans and specifications, and the labor and materials have been paid for, and the county engineer's certificate to that effect has been filed in the office of the county clerk. The acceptance of any bridge or the approval thereof shall not relieve the contractor or sureties of such contractor from any liability for any failure to fully perform the contract or under any provisions of such contractor's bond.
History: L. 1917, ch. 80, § 20; L. 1919, ch. 98, § 6; R.S. 1923, 68-1120; L. 1975, ch. 354, § 1; L. 2004, ch. 40, § 9; July 1.
It shall be the duty of the county engineer in the several counties of the state to keep separate itemized accounts of all expenditures for the construction and maintenance of each county bridge and culvert in a record prepared for that purpose.
History: L. 1917, ch. 80, § 21; L. 1919, ch. 98, § 7; R.S. 1923, 68-1121; L. 1961, ch. 299, § 28; L. 2004, ch. 40, § 10; July 1.
If a county bridge or culvert be necessary on any public highway that is on or near to a county line or divides one county from another in this state, the boards of both counties may unite in the construction, repairing and maintenance of such structure; and the expense shall be defrayed by both counties in proportion to their assessed valuation on the last assessment rolls, unless the boards of county commissioners of the counties shall agree upon another distribution of such expense.
Either of the said counties may give notice to the other of the meeting of said boards for the purpose mentioned in this section, and in all such cases the same proceedings, so far as applicable, shall be as provided for in this act: And provided, That under similar conditions two townships, whether they be in the same or different counties, may unite and proceed in the same manner as required in this act for the construction, repair and maintenance of township bridges and culverts: And provided further, That if a bridge or culvert be necessary on a public highway that is on or near to a state line the county or township, as the case may be, may unite with the county or township of such adjoining state in the construction, repair and maintenance of such structure as herein provided: Provided further, That should there be a demand for a county bridge or culvert upon or near a county line, and the county commissioners of the respective counties cannot agree upon the construction or repair of such a bridge or culvert, then the matter shall be referred to the secretary of transportation, the decision and direction of which shall be binding upon the boards of county commissioners of both counties; and in case of a township bridge or culvert the same shall be referred to the board of county commissioners, who shall proceed in the manner described above, and their decision shall be final and binding on the boards of township commissioners of both townships.
History: L. 1917, ch. 80, § 22; R.S. 1923, 68-1122; L. 1957, ch. 365, § 1; L. 1975, ch. 427, § 148; August 15.
History: L. 1917, ch. 80, § 23; R.S. 1923, 68-1123, L. 1975, ch. 427, § 149; Repealed, L. 2004, ch. 39, § 1; July 1.
History: L. 1917, ch. 80, § 24; R.S. 1923, 68-1124; Repealed, L. 1995, ch. 114, § 1; July 1.
The township board in letting contracts for the construction or maintenance of township culverts shall follow the plans and specifications of the county engineer.
History: L. 1917, ch. 80, § 25; R.S. 1923, 68-1125; L. 2004, ch. 40, § 11; July 1.
Whenever the county engineer deems any bridge or culvert unsafe for traffic, he shall condemn the same and shall cause to be put up at each end of such structure in a substantial manner a notice, which shall be printed in conspicuous letters with the following words, "condemned by the county engineer," with his signature to same, and shall, if necessary, erect structures sufficient to prevent travel upon such condemned bridge. The county engineer or township trustee shall immediately report the condition of said bridge or culvert to the county or township board, as the case may be, with his recommendations as to what improvements are necessary, and such board shall commence at once the proceedings necessary to repair or reconstruct the same.
History: L. 1917, ch. 80, § 26; R.S. 1923, 68-1126; L. 1972, ch. 248, § 6; July 1.
History: L. 1917, ch. 80, § 27; R.S. 1923, 68-1127; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1917, ch. 80, § 28; R.S. 1923, 68-1128; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1917, ch. 80, § 29; L. 1919, ch. 99, § 1; R.S. 1923, 68-1129; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1917, ch. 80, § 30; R.S. 1923, 68-1130; L. 1965, ch. 394, § 3; Repealed, L. 1970, ch. 366, § 22; April 1.
History: L. 1917, ch. 80, §§ 31, 32; R.S. 1923, 68-1131, 68-1132; L. 1973, ch. 106, §§ 26, 27; Repealed, L. 2004, ch. 39, § 1; July 1.
History: L. 1933, ch. 245, § 1; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1935, ch. 252, § 1; L. 1961, ch. 299, § 29; L. 1975, ch. 427, § 150; Repealed, L. 2004, ch. 39, § 1; July 1.
The board of county commissioners of any county is hereby authorized to make an annual tax levy of not to exceed two mills upon all the taxable tangible property of the county for the purpose of creating and providing a special fund to be used in building and reconstructing bridges and culverts and constructing the approaches thereto or to be used in repaying loans or advances received from the highway fund and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. The board of county commissioners shall determine the total amount necessary to be raised for such fund.
Such tax levies shall be in addition to all other levies authorized by law and shall not be subject to or within any fund limit or aggregate tax levy limit prescribed by K.S.A. 79-1947, and amendments thereto. Such special bridge fund shall not be subject to the provisions of K.S.A. 79-2925 to 79-2941, inclusive, and any acts amendatory thereof, except that in making the budgets of such counties the amounts credited to and the amount on hand in such special bridge fund and the amount expended therefrom shall be shown thereon for the information of the taxpayers of the county.
History: L. 1951, ch. 393, § 1; L. 1959, ch. 267, § 1; L. 1963, ch. 339, § 4; L. 1965, ch. 396, § 1; L. 1972, ch. 248, § 7; L. 1979, ch. 52, § 167; L. 1985, ch. 233, § 1; July 1.
When a sufficient fund has been created by the annual tax levy authorized by K.S.A. 68-1135, and amendments thereto, or at any time after the first levy has been made, the board of county commissioners may make expenditures from the special bridge fund for the purpose of construction and reconstruction of bridges and culverts and the approaches thereto.
History: L. 1951, ch. 393, § 2; L. 1985, ch. 233, § 2; July 1.
The secretary of transportation is hereby authorized and directed to make noninterest bearing loans and advances to any county to provide such county with funds to pay its share of the cost of building or reconstructing a bridge over a navigable stream and construction of the approaches thereto where such stream comprises the boundary line or part of the boundary line between counties and which bridge is located on a county major collector road which is not a part of the regular state highway system, provided that the total amount of such loans and advances outstanding at any one time shall not exceed $2,000,000.
History: L. 1963, ch. 339, § 1; L. 1975, ch. 427, § 151; L. 2005, ch. 84, § 10; July 1.
Any county desiring to obtain a loan or advance shall make an application therefor to the secretary of transportation. Said application shall be filed in the secretary's office and shall be in such form as said secretary shall prescribe and shall be signed by at least two (2) members of the board of county commissioners and attested by the county clerk of the county making the application. Said application shall contain a provision whereby the board of county commissioners shall agree on behalf of the county to repay any loan or advance made thereunder by annually levying the maximum tax levy authorized by K.S.A. 68-1135 as long as it shall be necessary in order to repay in full the loan or advance and that the proceeds of such tax levy will be remitted by the county treasurer to the secretary of transportation: Provided, That if prior to the making of such application, such county shall have commenced the making of tax levies under K.S.A. 68-1135 for the purpose of building or reconstructing another bridge and constructing the approaches thereto, the funds derived from such tax levies first shall be applied to paying the cost of building or reconstructing such other bridge and constructing the approaches thereto, and when said cost has been paid the funds derived from subsequent tax levies shall be applied to the payment of the loan or advance as agreed to between the county and the secretary of transportation.
Said secretary shall examine the application and if the secretary shall find that it is in proper form and: (a) That the bridge to be built or reconstructed is one located as described in K.S.A. 68-1137; and (b) that the amount to be expended for the building or reconstruction of the bridge and the construction of approaches thereto is reasonable, it shall make the loan or advance by issuing its voucher against the highway fund and in favor of the county making the application for the amount of the loan or advance applied for. The warrant issued upon said voucher shall be forwarded to the county treasurer of the county making the application. Upon receipt of such warrant, the county treasurer shall place the same in a special fund to be used only for the building or reconstruction of the bridge for which the loan or advance was made and the construction of the approaches thereto. Any moneys received by a loan or advance under the provisions of this act in any budget year may be expended during such budget year even though such expenditure was not included in the budget for that year.
History: L. 1963, ch. 339, § 2; L. 1975, ch. 427, § 152; August 15.
The county treasurer of any county receiving a loan or advance under the provisions of this act, shall on February 15, and August 15 of each year pay to the secretary of transportation any moneys in the special fund created under the authority of K.S.A. 68-1135, and amendments thereto, which are to be applied to the payment of such loan or advance under the provisions of this act. Upon the receipt of any such payment, the secretary of transportation shall remit the same 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 highway fund.
If any county shall fail to make the tax levy or any payment herein required for on any loan or advance, the secretary of transportation shall advise the state treasurer, from time to time, of the amount currently due from such county and the state treasurer is authorized and directed to withhold such amount from the amount distributable on the next distribution date to said county from the special city and county highway fund created by K.S.A. 79-3425, and amendments thereto.
The state treasurer shall notify the state director of accounts and reports of the amount so withheld and thereupon the state director of accounts and reports shall transfer said amount from the special city and county highway fund to the highway fund. Upon making such transfer the state director of accounts and reports shall notify the state treasurer who shall make the proper entries in the records of his or her office to show such transfer.
History: L. 1963, ch. 339, § 3; L. 1973, ch. 267, § 1; L. 1975, ch. 427, § 153; L. 2001, ch. 5, § 280; July 1.
History: L. 1913, ch. 71, §§ 1 to 10; R.S. 1923, 68-1201 to 68-1210; Repealed, L. 1969, ch. 305, § 1; July 1.
History: R.S. 1923, 68-1211; Repealed, L. 1957, ch. 366, § 1; June 29.
History: L. 1919, ch. 102, §§ 1, 2; R.S. 1923, 68-1212; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1921, ch. 83, §§ 1 to 5; R.S. 1923, 68-1213; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1921, ch. 84, §§ 1 to 4; R.S. 1923, 68-1214; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1925, ch. 219, § 1; Repealed, L. 1947, ch. 338, § 1; June 30.
History: L. 1925, ch. 217, §§ 1, 2; Repealed, L. 1947, ch. 338, § 1; June 30.
History: L. 1925, ch. 218, § 1; Repealed, L. 1947, ch. 338, § 1; June 30.
History: L. 1943, ch. 246, §§ 1, 2; Repealed, L. 1969, ch. 305, § 1; July 1.
History: L. 1945, ch. 277, §§ 1, 2; Repealed, L. 1969, ch. 305, § 1; July 1.
History: L. 1945, ch. 278, §§ 1, 2; Repealed, L. 1947, ch. 345, § 1; June 30.
The provisions of this act shall apply to any county having a population of more than sixteen thousand and less than twenty thousand with an assessed tangible valuation of not less than forty-four million dollars and less than fifty-two million dollars.
History: L. 1947, ch. 355, § 1; L. 1951, ch. 390, § 1; March 31.
The board of county commissioners of any such county is hereby authorized and empowered to issue no-fund warrants during the period of not to exceed three years for the purpose of providing revenue to be used for the construction, reconstruction and repair of bridges and the approaches thereto at a cost to be determined by the county engineer's estimate not to exceed fifty thousand dollars per bridge, to replace bridges in the county road system which have been destroyed, damaged, or rendered impassable by flood, high water, fire or other casualty. No more than fifty thousand dollars of said no-fund warrants shall be issued in any one year; and not more than one hundred thousand dollars of such warrants shall be issued by said board of county commissioners during the three-year period.
History: L. 1947, ch. 355, § 2; April 4.
Whenever no-fund warrants are issued under the authority provided by this act, the board of county commissioners shall make a tax levy at the first tax levying period after such warrants are issued, sufficient to pay such warrants and the interest thereon. All such tax levies shall be in addition to all other levies authorized or limited by law and shall not be subject to the aggregate tax levy prescribed by K.S.A. 79-1947 or acts amendatory thereof or supplemental thereto. Such warrants shall be issued, bear such interest, registered, redeemed in the manner and in the form prescribed by K.S.A. 79-2940 or any acts amendatory thereof or supplement thereto, except that they shall not bear the notation required by said K.S.A. 79-2940 and may be issued without the approval of the state commission of revenue and taxation. Any surplus existing after the redemption of such warrants shall be handled in the manner prescribed by said K.S.A. 79-2940.
History: L. 1947, ch. 355, § 3; April 4.
The provisions and restrictions of the cash basis and budget laws of this state shall not apply to the expenditures under the provisions of this act.
History: L. 1947, ch. 355, § 4; April 4.
History: L. 1951, ch. 384, § 1; Repealed, L. 1969, ch. 305, § 1; July 1.
History: L. 1953, ch. 309, § 1; L. 1955, ch. 303, § 1; L. 1957, ch. 367, § 1; L. 1959, ch. 268, § 1; Repealed, L. 1969, ch. 305, § 1; July 1.
History: L. 1961, ch. 470, § 1; Repealed, L. 2004, ch. 39, § 1; July 1.
History: L. 1961, ch. 171, § 1; Repealed, L. 1968, ch. 315, § 1; July 1.
History: L. 1923, ch. 76, §§ 1 to 4; R.S. 1923, 68-1301 to 68-1304; Repealed, L. 1947, ch. 345, § 1; June 30.
Whenever in any county having an assessed valuation for taxation purposes of over ninety million dollars the board of directors of any drainage district organized under the laws of this state, under the powers vested in them, shall prescribe, regulate or fix the height of any public bridge located within said district or the length of spans and the location of piers or abutments of any such bridge, or shall locate harbor lines for or establish the channel of any stream within such district, and shall notify and request, in writing, the board of county commissioners to change, alter or reconstruct any such bridge or bridges to conform to such harbor lines, channel or requirements; or whenever in any county the secretary of war of the United States, or any other competent authority, shall request, order or direct, in writing, the reconstruction, raising or lengthening of any public bridge, or the spans thereof, over any navigable stream, or shall request, order or direct the reconstruction or relocation of the piers or abutments of any public bridge over a navigable stream, or shall establish harbor lines or otherwise designate the channel for any navigable stream, and shall request, order or direct the reconstruction of bridges to conform thereto; the board of county commissioners of the county wherein such public bridge is located is hereby authorized and empowered to reconstruct such bridges and approaches thereto, and grade separation structures connected therewith, raise, lengthen and repair such bridges, and to reconstruct, remove and relocate the abutments and piers thereof, and to improve such bridges in any other respect required, and to do any and all acts necessary to conform to such requirements, in the manner hereinafter provided, and for the purpose of paying for such improvements may issue bonds of such county without the same being authorized by any election, and subject only to the limitations contained in this act.
The amount of bonds so authorized to be issued shall not exceed the actual cost of such improvements: Provided, That whenever any bridge is reconstructed under the provisions of this act and said bridge is or may be connected with grade separation structures over the tracks and rights of way of any railroad company or companies, the cost of constructing or reconstructing said grade separation structures shall be paid for in the following proportions:
The county shall pay one-half of the cost of constructing or reconstructing said grade separation structures and issue its general obligation bonds to pay the cost of the same; the remaining cost shall be paid by the railroad company or companies over whose tracks and rights of way such grade separation structure is constructed. When two or more railroad companies own and operate separate lines of track to be crossed by any such grade separation structure, the proportion of the cost thereof, including the approaches thereto, to be borne by each shall be determined by the board of county commissioners. Such cost to any railroad company as determined by the board of county commissioners shall from the time of notification to such company constitute a lien against all of its properties in favor of the county and may be collected by an action brought in any court of competent jurisdiction.
The bonds for which provision is made in this section shall be issued as now provided by law; or in lieu of enforcing the cost of such amount by a suit at law the county may issue special improvement bonds of the county to pay for said improvement and levy special assessment against the property of such railroad company or companies to pay such bonds and interest.
History: L. 1909, ch. 64, § 1; R.S. 1923, 68-1401; L. 1949, ch. 348, § 1; April 15.
(a) The reconstruction, improvement, removal and relocation of bridges or approaches thereto provided for in this act shall be by written contract separately made and awarded as to each bridge, to the lowest responsible bidder, upon sealed proposals, based upon plans and specifications therefor on file in the office of the county clerk of the county. The county engineer, when so directed to do by the board of county commissioners, shall make all necessary surveys and investigations and prepare plans and specifications for the reconstruction, improvement, removal or relocation of any bridge or the approaches thereto, and grade separation structures connected therewith, together with an estimate under oath of the cost thereof, and file such plans, specifications and estimate in the office of the county clerk of the county. No contract shall be awarded for any such improvement at a price in excess of the estimated cost.
(b) The board of county commissioners shall have power, if they deem it necessary, to employ engineers to assist the county engineer in preparing plans and specifications or superintending the construction of such improvements, and to pay such engineers out of the proceeds of bonds issued on account of the cost thereof. After considering and approving plans and specifications, prepared and filed as aforesaid, the board of county commissioners shall advertise for three consecutive weeks in the official county paper for sealed proposals for the construction of such improvements or works, in accordance with the plans and specifications therefor. The board of county commissioners shall require any contractor to whom any such contract is awarded to enter into a written contract, and to secure the performance thereof by a bond signed by a surety company. All bids for the construction of any such improvement or work shall be presented simultaneously to the board of county commissioners and opened forthwith by them, in the presence of the public and all bidders present.
History: L. 1909, ch. 64, § 2; R.S. 1923, 68-1402; L. 1949, ch. 348, § 2; L. 2006, ch. 124, § 6; L. 2011, ch. 49, § 27; July 1.
In order to pay for the reconstruction, improvement, removal or relocation of any bridge and approaches thereto, provided for in this act, the board of county commissioners of such counties shall be and are hereby authorized and empowered, for and on behalf of such counties, to issue negotiable bonds of such counties as provided by law. Such bonds and the interest thereon shall be paid by a general tax levied upon all the taxable property of the county.
History: R.S. 1923, 68-1403; December 27.
The board of county commissioners is hereby authorized to enter into contracts with any county, township, city, drainage district, municipality, person, company or corporation, located within or without this state, for the reconstruction, improvement, removal, relocation, maintenance, regulation or use of any bridge and approaches thereto, reconstructed under this act, and if such contract shall be entered into between any board of county commissioners of such county and any other county, township, city, drainage district, municipality, person, company or corporation, as to the reconstruction, improvement, removal, relocation, maintenance, regulation or use of any such bridge or bridges, then such commissioners shall not issue the bonds of the county for a greater amount on account of the reconstruction, improvement, removal or relocation of any such bridge or bridges than the cost thereof, after deducting therefrom the amount paid or agreed to be paid by such other county, township, city, drainage district, municipality, person, company or corporation: Provided, That no contract with or contribution by any such other county, township, city, drainage district, municipality, person, company or corporation for the joint use of any bridge or the construction thereof shall confer upon any such other county, township, city, drainage district, person, company or corporation any exclusive privilege or right to use such bridge or preclude the county commissioners of the county reconstructing, improving or relocating any such bridge from the granting of like or similar privileges to others to use such bridge upon such terms as may be prescribed by such board of county commissioners or other authorities having control thereof.
No railway company, other than a street railway company, shall construct and use any tracks upon, or use any tracks constructed by the county upon, any bridge reconstructed or improved under the provisions of this act without first paying to the county reconstructing or improving such bridge one-half of the net cost to the county of the latest such reconstruction or improvement of such bridge and the approaches thereto; and no street railway company shall construct and use any tracks upon, or use any tracks constructed by the county upon, any bridge reconstructed or improved under the provisions of this act without first paying to the county reconstructing or improving such bridge such sum as the board of county commissioners or other authorities having control of such bridge shall deem reasonable but not less than twenty percent of the net cost to the county of the latest such reconstruction or improvement of such bridge and the approaches thereto; and no other person or corporation shall use such bridge or the piers thereof for any private use without first paying to the county constructing the same such sum as the county commissioners thereof, or other authorities having control of such bridge, shall require as compensation for such use.
If any railway corporation, other than a street railway corporation, shall construct, and use any tracks upon, or use any tracks constructed by the county upon, any bridge reconstructed or improved under the provisions of this act without first paying therefor as above provided, it shall thereupon become liable to the county for one-half of the net cost to the county of the latest reconstruction or improvement of such bridge, and such county may sue for and recover such sum in any court of competent jurisdiction, and the use of the tracks on such bridge by such railway corporation may also be enjoined until compensation is made therefor, as hereinbefore provided. If any street railway corporation shall construct and use any tracks upon, or use any tracks constructed by the county upon, any bridge reconstructed or improved under the provisions of this act without first paying therefor as above provided, it shall thereupon become liable to the county for the reasonable value of such use but not less than twenty percent of the net cost to the county of the latest such reconstruction or improvement of such bridge, and such county may sue for and recover such sum in any court of competent jurisdiction, and the use of the tracks on such bridge by such street railway corporation may also be enjoined until compensation is made therefor, as hereinbefore provided.
All money received for the use of such bridges shall be used in the reconstruction or improvement thereof, or in the payment of bonds and interest thereon, issued on account of the reconstruction or improvement of such bridges: Provided, however, That the board of county commissioners may make a contract for monthly rental with any street railway company for the construction and use of tracks upon, or for the use of tracks constructed by the county upon, any such bridge. Such monthly rental shall not be less than a sum sufficient to pay the interest on one-twelfth of twenty percent of the annual interest charge on the bonds issued by the county for the latest reconstruction or improvement of such bridge and the approaches thereto and one-twelfth of twenty percent of the principal to be retired each year of the bonds issued therefor.
History: R.S. 1923, 68-1404; L. 1947, ch. 346, § 1; February 11.
It shall be the duty of the county commissioners of any county of this state to which this act applies now or hereafter having therein any public bridge or bridges over any navigable river, which bridge or bridges have been ordered or shall hereafter be ordered or required by the secretary of war of the United States, or the board of directors of any drainage district organized under the laws of this state, in any county having an assessed valuation for taxation purposes of over ninety million dollars, to be removed, relocated, reconstructed or improved, to take possession of such bridges and to forthwith remove, relocate, reconstruct or improve the same, as may be necessary and proper, and the ownership and control of such bridges is hereby vested in such counties, and the board of county commissioners thereof are hereby authorized and empowered to use any part or portion of any such bridge in the reconstruction of such bridges or of any other bridge or viaduct situated in their county, or to sell or dispose of the materials composing any such bridge, and to use the proceeds of such sale in the reconstruction or improvement of bridges over rivers situated in said county. The provisions of this act shall apply to all public bridges and approaches thereto and grade separation structures connected therewith, and all parts thereof, used by any street railway company or any other corporation, and to all public bridges and approaches thereto and grade separation structures connected therewith heretofore constructed over any such river by counties, either with or without the aid, assistance or co-operation of any street railway company or other person or corporation, and also to public bridges and the approaches thereto and grade separation structures connected therewith situated in or constructed by or under the control of any city or any other municipality.
Should any relocation, change or alteration of the channel of any river by any competent authority necessitate the removal, relocation or reconstruction of bridges and the approaches thereto and grade separation structures connected therewith over the channel of such river as relocated or altered, such work shall be done and such improvements made under the provisions of this act. Bridges and the approaches thereto and grade separation structures connected therewith, constructed, reconstructed, improved or relocated under the provisions of this act shall be under the control of and maintained by the board of county commissioners of the county, and such county commissioners shall also have power to contract with any city in which any such bridge is situated, or with any corporation using any such bridge, for the maintenance or repair thereof.
History: L. 1909, ch. 64, § 5; R.S. 1923, 68-1405; L. 1949, ch. 348, § 3; April 15.
Whenever the board of county commissioners of any county of this state, having an assessed valuation for taxation purposes of more than one hundred and ten million dollars, has heretofore been ordered or required, or shall hereafter be ordered or required, to remove, relocate, reconstruct or otherwise improve any public bridge under the provisions of K.S.A. 68-1401 to 68-1405, and there is any portion of such bridge which has not been used, or which is not practicable to use, in the reconstruction thereof, said board of county commissioners is hereby authorized and empowered to locate, erect and construct another bridge over any river in said county and located within two miles of the bridge so ordered or required to be removed, relocated, reconstructed or improved and to use in the construction thereof such portion of the bridge so ordered or required to be removed, relocated, reconstructed or improved as may be practicable, and for the purpose of paying any cost and expense of the construction of such other bridge, may issue the bonds of such county without the same being authorized by any election called or held for such purpose, not exceeding in amount the sum of four hundred and eighty thousand dollars and subject only to the limitations contained in K.S.A. 68-1407, 68-1408, 68-1409 and 68-1410.
History: L. 1913, ch. 69, § 1; L. 1919, ch. 101, § 1; June 17; R.S. 1923, 68-1406, ¶ 1.
This act is supplemental to and is to be construed as amendatory of and not as repealing K.S.A. 68-1401 to 68-1405.
History: L. 1919, ch. 101, § 2; June 17; R.S. 1923, 68-1406, ¶ 2.
(a) The county engineer, when directed by the board of county commissioners, shall make all necessary surveys and investigations and prepare plans and specifications for the construction of a bridge and the approaches thereto, together with an estimate of the cost thereof, and file such plans, specifications and estimate in the office of the county clerk of such county. Such bridge shall be constructed under written contract made and awarded to the lowest responsible bidder, upon sealed proposals therefor based upon the plans and specifications so prepared and filed in the office of the county clerk of such county. No contract shall be awarded therefor at a price in excess of the estimated cost.
(b) The plans and specifications prepared and filed as above provided shall be considered and approved by the board of county commissioners and thereafter the board shall advertise for three consecutive weeks in the official county paper for sealed proposals for the construction of such bridge, and the contract therefor shall be awarded to the lowest responsible bidder, and any contractor to whom any such contract is awarded, shall enter into a written contract therefor and to secure the faithful performance thereof shall file in the office of the county clerk of such county a bond duly executed by one or more surety companies duly authorized to do business in this state to be approved by the board of county commissioners.
History: L. 1913, ch. 69, § 2; March 13; L. 2011, ch. 49, § 28; July 1.
The bonds authorized to be issued by K.S.A. 68-1406 shall be issued and sold as provided by law, and such bonds and the interest thereon shall be paid by a general tax levied upon all the taxable property of the county.
History: R.S. 1923, 68-1408; December 27.
No railway company, other than a street railway company, shall construct, and use any tracks upon, or use any tracks constructed by the county upon, any bridge constructed under the provisions of this act without first paying to the county constructing such bridge, one-half of the net cost to the county of such construction of such bridge and the approaches thereto; and no street railway company shall construct and use any tracks upon, or use any tracks constructed by the county upon, any bridge constructed under the provisions of this act without first paying to the county constructing such bridge such sum as the board of county commissioners or other authorities having control of such bridge shall deem reasonable but not less than twenty percent of the net cost to the county of such construction of such bridge and the approaches thereto; and no other person or corporation shall use such bridge or the piers or abutments thereof for any private use without first paying to the county constructing the same such sum as the board of county commissioners or other authorities having control of such bridge shall require as compensation for such use.
If any railway corporation, other than a street railway corporation, shall construct and use any tracks upon, or use any tracks constructed by the county upon, any bridge constructed under the provisions of this act without first paying therefor as above provided, it shall thereupon become liable to the county for one-half of the net cost of the construction of such bridge, and such county may sue for and recover such sum in any court of competent jurisdiction, and the use of the tracks on such bridge by any such railway corporation may be enjoined until compensation is made therefor as hereinbefore provided.
If any street railway corporation shall construct and use any tracks upon, or use any tracks constructed by the county upon, any bridge constructed under the provisions of this act without first paying therefor as above provided, it shall thereupon become liable to the county for the reasonable value of such use but not less than twenty percent of the net cost to the county of such construction of such bridge, and such county may sue for and recover such sum in any court of competent jurisdiction, and the use of the tracks on such bridge by such street railway corporation may be enjoined until compensation is made therefor, as hereinbefore provided.
All money received for the use of such bridge shall be used in the construction or maintenance thereof, or in the payment of bonds or interest thereon issued on account of the construction of such bridge: Provided, however, That the board of county commissioners may make a contract for monthly rental with any street railway corporation for the construction and use of tracks upon, or for the use of tracks constructed by the county upon, such bridge. Such monthly rental shall not be less than a sum sufficient to pay the interest on one-twelfth of twenty percent of the annual interest charge on the bonds issued by the county for the construction of such bridge and the approaches thereto and one-twelfth of twenty percent of the principal to be retired each year of the bonds issued therefor.
In the event of the reconstruction or improvement of any bridge constructed under this act the terms of any agreement for use of such bridge by street railways or other parties shall be solely governed by the provisions of K.S.A. 68-1404.
History: L. 1913, ch. 69, § 4; R.S. 1923, 68-1409; L. 1947, ch. 346, § 2; February 11.
All bridges constructed under the provisions of this act shall be under the control of and maintained by the board of county commissioners of the county constructing the same, and such county commissioners shall have power to contract with any city in which any such bridge is situated or with any person or corporation using any such bridge, for the maintenance or repair thereof.
History: L. 1913, ch. 69, § 5; March 13; R.S. 1923, 68-1410.
The ordinance or resolution of the board of county commissioners authorizing the execution of any contract relating to any such bridge, or fixing the compensation to be paid for the use of any such bridge or of the tracks thereon, as provided in K.S.A. 68-1404 and 68-1409, shall be read in full at three regular meetings of the board, and promptly upon its final adoption, shall be published in the official county newspaper, and shall become effective upon the expiration of ten days after the publication thereof unless, within said ten days after said publication, a taxpayer of the county, or the governing body of a city within the corporate limits of which such bridge and the approaches thereto are located, or a civic organization of such city or county shall file written objections with the county clerk of such county to any of the terms of the contract authorized by such ordinance or resolution. If any such written objections are so filed, the board of county commissioners shall hold a public hearing on such written objections, notice of the time and place of such public hearing to be given by one publication thereof in the official county newspaper at least ten days prior to the date of said hearing.
Upon such hearing, full opportunity shall be given to the objectors filing such written objections to present any evidence or arguments pertaining to their objections to the terms of the contract authorized by said ordinance or resolution, and the board of county commissioners shall then, after consideration of said evidence and arguments, further consider said ordinance or resolution and contract as upon the previous final reading and adoption thereof, having full power and authority to amend, modify or change the terms of said ordinance or resolution and contract, subject to the acceptance of such amendments, modifications or changes by the other party to said contract, or to readopt said ordinance or resolution and authorize said contract as originally proposed and adopted, or to reject the same, the action of the board of county commissioners upon said ordinance and resolution and the contract authorized thereby and accepted by the other party thereto, to become final and effective at the expiration of ten days from the date of said action.
No contract entered into pursuant to the provisions hereof, whether for a definite period or on a terminable basis, shall extend for more than twenty years, and any extension beyond twenty years shall be deemed a new contract, and shall not become effective until the foregoing requirements are met.
History: L. 1947, ch. 346, § 3; February 11.
Any county having a population of not less than 140,000 nor more than 200,000, in which any board of county commissioners, have constructed or reconstructed any bridge or bridges through order of the board of directors of any drainage district organized under the laws of this state; and any such bridge or bridges are now in need of repairs; the board of county commissioners of said county wherein such bridge or bridges are located, is hereby authorized and instructed to repair the same in the same manner as other bridges in said county and for the purpose of paying for such improvements may issue bonds of such county without the same being authorized by any election and subject only to the limitations contained in this act. The amount of bonds so authorized to be issued shall not exceed the actual cost of such improvements: Provided, however, That the total amount of bonds issued under this act shall not exceed the sum of one hundred twenty-five thousand dollars ($125,000) in any one year.
History: L. 1931, ch. 253, § 1; L. 1951, ch. 391, § 1; March 26.
Counties having a population of not less than twenty thousand and not more than thirty thousand, and having an assessed valuation of not less than thirty-five million dollars and not more than forty-five million dollars; and counties having a population of not less than thirty thousand and not more than forty thousand, and having an assessed valuation of not less than thirty million dollars and not more than thirty-five million dollars, and abutting upon navigable streams which form a boundary line between said two classes of counties, are hereby authorized to enter into contracts with said abutting counties for the purpose of improving or reconstructing bridges connecting said counties and across such navigable streams and the necessary approach or approaches thereto. The boards of county commissioners of such counties are hereby authorized and empowered to meet in joint session and to enter into such contract by the adoption of a resolution setting forth the terms and conditions of said contract. Such contract and resolution shall provide that the cost of improving or reconstructing said bridge or bridges and the necessary approach or approaches thereto shall be apportioned equally between said counties.
If such resolution shall be adopted and such contract shall be entered into, the board of county commissioners of each county entering into said contract shall be and are hereby authorized to issue negotiable bonds of said county in an amount not to exceed fifteen thousand dollars, under the provisions of the general bond law, for the purpose of paying such county's share of the cost and expense of the improvement and reconstruction of said bridge or bridges and approaches thereto.
Such bonds and the interest thereon shall be paid by a general tax levied upon all the taxable property in the county and none of the restrictions or limitations relating to the amount of the county's indebtedness contained in any of the laws of the state of Kansas shall apply to or in any way affect the issuance of the bonds authorized by this act or any bonds so issued.
History: L. 1935, ch. 253, § 1; March 6.
Whenever it is necessary to replace, reconstruct or repair any bridge or bridges over any river on any county road, which road connects with a county road of another county, or connects with a road on the state highway system, which bridge shall have been destroyed or rendered impassable by flood, high water, fire or other casualty, then the board of county commissioners is hereby authorized and empowered to expend not to exceed the sum of one hundred sixty thousand dollars ($160,000) to pay the entire cost or the county's share of the cost of such replacement, reconstruction or repair of such bridge. Such expenditure may be made from any unallocated and available funds in the county road and bridge fund or from revenue derived from the issuance of bonds, or from the separate fund for the construction of roads and bridges on the county secondary system or from two or more of such sources, and such county is hereby authorized to issue bonds for such purpose. Such bonds shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law and may be issued without submitting the question of their issuance to a vote of the electors.
The board of county commissioners may receive and expend any federal, state, or other funds made available for such improvement which expenditure may be in addition to the amount hereinbefore authorized to be expended by the county. The provisions of K.S.A. 19-214, 19-215 and 19-216 shall be applicable to any improvement made under the authority conferred by this section. This act shall be construed as a separate and additional method for the replacement, reconstruction and repair of bridges and no other law of this state shall apply except as herein expressly provided.
History: L. 1951, ch. 392, § 1; L. 1971, ch. 223, § 4; July 1.
Whenever it is necessary to replace, reconstruct, or repair any bridge over any navigable river on any county road, which road connects with a county road of another county within or outside this state, or to protect any such bridge by changing the channel of the river or by the erection of structures, such as levees, jetties or other structures necessary to protect the new channel or such bridge, and which bridge shall have been destroyed or rendered impassable by flood, high water, fire or other casualty, then the board of county commissioners is hereby authorized and empowered to expend not to exceed the sum of $160,000 to pay the entire cost or the county's share of the cost of such replacement, reconstruction or repair of such bridge or such change of channel or erection of the structures hereinbefore described. No such change of channel shall be made without first securing the approval of the chief engineer of the division of water resources of the Kansas department of agriculture. Such expenditure may be made from any unallocated and available funds in the county road and bridge fund or from revenue derived from the issuance of bonds, or from the separate fund for the construction of roads and bridges on the county secondary system or from two or more of such sources, and such county is hereby authorized to issue bonds for such purpose. Such bonds shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law and may be issued without submitting the question of their issuance to a vote of the electors. The board of county commissioners may receive and expend any federal, state, or other funds made available for such improvement which expenditure may be in addition to the amount authorized to be expended by the county. The provisions of K.S.A. 19-214, 19-215 and 19-216, and amendments thereto, shall be applicable to any improvement made under the authority conferred by this section. This act shall be construed as a separate and additional method for the replacement, reconstruction and repair of bridges and no other law of this state except as herein expressly provided shall apply. The total amount expended by any county under the authority conferred by this section plus the amount expended by such county under the authority conferred by K.S.A. 68-1413, and amendments thereto, shall not exceed the sum of $160,000.
History: L. 1953, ch. 311, § 1; L. 1971, ch. 223, § 5; L. 2004, ch. 101, § 106; July 1.
Municipalities, corporations, persons and individuals are hereby authorized and empowered to build and construct bridges, dams (for power, irrigation and other purposes) and obstructions (for the purpose of preserving the banks from erosion) in, over and across the navigable rivers of the state, under the provisions and conditions contained in this act.
History: L. 1913, ch. 260, § 1; March 13; R.S. 1923, 68-1501.
Any municipality, corporation, person or individual desiring to construct a bridge, dam or other obstruction for either public or private purposes, or to repair or maintain a bridge, dam or other obstruction already constructed, over any of the navigable rivers of the state, shall prepare plans and specifications, together with the data upon which they are based, and shall, when such bridge or dam forms part of a public highway, submit the plans, specifications and data to the secretary of transportation for the secretary's inspection and approval. When the plans and specifications are approved by the secretary, the municipality, corporation, person or individual is authorized and empowered to construct, repair and maintain said bridge or bridges, dam or dams, or other obstructions according to the plans and specifications approved by the secretary of transportation and under the direction and supervision of the secretary. No plans for the construction of any such dam shall be approved, and no such dam shall be constructed unless it contains flood gates or openings that can be opened in times of high water, so as to prevent the overflow of lands in the vicinity of the dam.
History: R.S. 1923, 68-1502; L. 1975, ch. 427, § 154; L. 1995, ch. 116, § 9; July 1.
Any municipality, corporation, person or individual who has already constructed any bridge or bridges, dam or dams or other obstructions in, over or across any of the navigable rivers of the state, shall make application and submit the plans, specifications and construction of such bridge or bridges, dam or dams or other obstruction to the secretary of transportation when such bridge or bridges, dam or dams or other obstruction forms a part of a public highway, for the secretary's inspection and approval.
The secretary of transportation shall act upon the application as practicable. Upon the approval of the plans, specifications and construction of the bridge or bridges, dam or dams or other obstruction, by the secretary of transportation the bridge or bridges, dam or dams or other obstruction shall immediately become established and the right to maintain the bridge or bridges, dam or dams or other obstruction in, over or across such navigable rivers, confirmed and made permanent to the same extent and effect as if such right had been originally obtained and granted as provided by the preceding section, but all rights and privileges granted by this act shall be subject to the future wants and needs of the government of the United States and of the state of Kansas.
History: R.S. 1923, 68-1503; L. 1975, ch. 427, § 155; L. 1995, ch. 116, § 10; July 1.
The services required to be performed by the secretary of transportation under the provisions of K.S.A. 68-1502 and 68-1503, and amendments thereto, shall be free of cost to the municipality, corporation or person requiring such services.
History: R.S. 1923, 68-1504; L. 1975, ch. 427, § 156; L. 1995, ch. 116, § 11; July 1.
This act shall not apply to that portion that lies within or alongside of any drainage district, of any of the navigable rivers of the state, that flow through or alongside any drainage districts organized under chapter 215 [*] of the Session Laws of 1905 or any statutes of the state amendatory thereof.
History: L. 1913, ch. 260, § 5; March 13; R.S. 1923, 68-1505.
This act is additional and supplemental to all other statutes and acts of the state, authorizing and regulating the construction and maintenance of bridges, dams and other obstructions in, over and across the navigable rivers of the state: Provided, This act shall not be construed as depriving any person, private corporation or municipality of any existing rights, or relieving any person, private or municipal corporation from liability under existing laws, for flooding or otherwise injuring private property by the constructing, repairing or maintaining of any dam or bridge or other obstruction.
History: L. 1913, ch. 260, § 6; March 13; R.S. 1923, 68-1506.
History: L. 1933, ch. 247, § 1; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1933, ch. 247, § 2; L. 1975, ch. 427, § 157; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1933, ch. 247, § 3; L. 1975, ch. 427, § 158; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1933, ch. 247, § 4; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1933, ch. 247, § 5; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1933, ch. 247, § 6; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1933, ch. 248, § 1; L. 1975, ch. 427, § 159; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1933, ch. 248, § 2; L. 1975, ch. 427, § 160; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1933, ch. 248, § 3; L. 1975, ch. 427, § 161; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1972, ch. 248, § 1; L. 1975, ch. 427, § 162; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1972, ch. 248, § 2; L. 1975, ch. 427, § 163; L. 1977, ch. 229, § 1; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1972, ch. 248, § 3; L. 1975, ch. 427, § 164; Repealed, L. 2013, ch. 16, § 1; July 1.
History: L. 1972, ch. 248, § 4; Repealed, L. 2013, ch. 16, § 1; July 1.
There shall be designated in the state of Kansas a system of roads and highways which, for the purposes of this act, shall be known as the county major collector road system meeting the requirements of title 23 of the code of federal regulations, the construction, reconstruction and maintenance of which shall be under the jurisdiction of the board of county commissioners of each county.
History: L. 1945, ch. 272, § 1; L. 2005, ch. 84, § 11; July 1.
History: L. 1945, ch. 272, § 2; L. 1947, ch. 347, § 1; L. 1975, ch. 427, § 165; L. 2004, ch. 101, § 107; Repealed, L. 2005, ch. 84, § 14; July 1.
In the selection of the mileage of road to be designated in each county for inclusion in the major collector road system consideration shall be given to the inclusion of principal county and township roads so located as to provide adequate intertown and intercounty connections to best serve the rural population of the state. The determination of the mileage to be included in the major collector road system shall be based on factual data obtained by the county commissioners and the secretary of transportation, cooperating with the federal government in accordance with title 23 of the code of federal regulations.
The designation of the road mileage to be included in the major collector road system shall hereafter be the joint responsibility of the boards of county commissioners and the secretary of transportation, the board of county commissioners making the recommendation and the secretary concurring in the recommendation.
History: L. 1945, ch. 272, § 3; L. 1975, ch. 427, § 166; L. 2005, ch. 84, § 12; July 1.
Any road mileage selected for inclusion in the major collector road system which is found to be a part of the township system of roads in any county, shall become a county road and shall thereafter come under the jurisdiction of the board of county commissioners of such county.
History: L. 1945, ch. 272, § 4; L. 2005, ch. 84, § 13; July 1.
History: L. 1945, ch. 271, §§ 1 to 23; Repealed, L. 1949, ch. 343, § 6; July 1.
When used in this act:
(a) "A controlled access facility" means a highway, road or street especially designed to expedite and control through and local traffic, and over, from or to which highway, road or street, owners or occupants of abutting property shall have only a controlled right or easement of access, light, air or view. Such highways, roads or streets may be opened to use by all customary forms of street and highway traffic, or they may be parkways from which designated vehicles shall be excluded.
(b) "Highway authorities" means the secretary of transportation and the board of county commissioners of any county or governing body of any incorporated city acting individually or collectively.
(c) "Frontage road" means a highway, road or street which is auxiliary to and located on the side of another highway, road or street for service to abutting property and adjacent areas and for control of access to such other highway, road or street.
History: L. 1953, ch. 307, § 1; L. 1975, ch. 427, § 167; August 15.
The state, county or city highway authorities, acting alone, or cooperating with each other or with any federal, state or local authority, or any other state, are hereby authorized to design, designate, establish, regulate, vacate, alter, improve, construct and maintain controlled access facilities wherever such highway authorities determine that traffic conditions, present or future, justify such facilities, and said highway authorities may regulate and restrict the use of such facilities by the various classes of vehicles or traffic in a manner consistent with the purposes and provisions of this act. The highway authorities may so regulate, restrict or prohibit access to a controlled access facility so as to best serve the traffic for which such facility is intended.
History: L. 1953, ch. 307, § 2; April 2.
The highway authorities, jointly or severally, may acquire the desired private or public property, including rights of access, light, air or view for controlled access facilities, by gift, devise, purchase or condemnation, in the same manner as now or hereafter authorized by law for acquiring property or property rights in connection with highways, roads and streets within their respective jurisdictions.
History: L. 1953, ch. 307, § 3; April 2.
The highway authorities may designate and establish controlled access highways as new and additional facilities, or an existing street or highway may be included within such facility, and they may provide for the elimination of intersections at grade with existing state or county roads and city streets or other public ways if the public interests shall be served thereby, but no city street, county road or state highway or other public way shall be opened into or connected with such controlled access facility without the consent of the highway authority having jurisdiction over such controlled access facility, and the respective highway authorities are hereby authorized to make all necessary agreements between themselves and the federal government as may be necessary to fully perform and fulfill the purposes and provisions of this act.
History: L. 1953, ch. 307, § 4; April 2.
The highway authorities, in order to carry out the purposes and provisions of this act, are authorized to design, designate, establish, regulate, vacate, alter, improve, construct, and maintain frontage roads and to exercise the same jurisdiction thereof as is authorized over controlled access facilities under this act, and such frontage roads shall be separated from the controlled access facility as may be deemed proper and necessary by the respective highway authorities.
History: L. 1953, ch. 307, § 5; April 2.
History: L. 1953, ch. 307, § 6; L. 1967, ch. 355, § 1; L. 1981, ch. 44, § 2; Repealed, L. 1983, ch. 40, § 2; April 14.
As used in this act, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
(a) "Authority" means the Kansas turnpike authority, created by K.S.A. 68-2003, and amendments thereto, or, if the authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to the authority shall be given by law.
(b) "Project" or "turnpike project" means any express highway or superhighway constructed under the provisions of this act, including all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations, and administration, storage and other buildings and facilities that the authority may deem necessary for the operation of such project, together with all property, rights, easements, and interests that may be acquired by the authority for the construction or the operation of such project.
(c) "Cost," as applied to a turnpike project, means the cost of construction, the cost of the acquisition of all land, rights-of-way, property, rights, easements and interests acquired by the authority for such construction, and the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to and during construction and, if deemed advisable by the authority, for a period of not exceeding one year after completion of construction, cost of traffic estimates and of engineering and legal services, plans, specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of constructing any such project, administrative expense, and such other expenses as may be necessary or incidental to the construction of the project, the financing of such construction and the placing of the project in operation. Any obligation or expense incurred by the department of transportation with the approval of the authority for traffic surveys, borings, preparation of plans and specifications, and other engineering services in connection with the construction of a project shall be regarded as a part of the cost of such project and shall be reimbursed to the department out of the proceeds of turnpike revenue bonds authorized.
(d) "Public highways" shall include all public highways, roads and streets in the state, whether maintained by the state or by any county, city, town or other political subdivision.
(e) "Bonds" or "turnpike revenue bonds" means revenue bonds of the authority authorized under the provisions of this act.
(f) "Owner" includes all individuals, copartnerships, associations or corporations having any title or interest in any property, rights, easements and interest authorized to be acquired by this act.
History: L. 1953, ch. 308, § 1; L. 1975, ch. 427, § 168; L. 2019, ch. 49, § 1; July 1.
In order to provide for the construction of modern express highways or superhighways embodying, where feasible and necessary, safety devices, including center division, ample shoulder widths, longsight distances, multiple lanes in each direction and grade separation at intersections with other highways and railroads, and thereby facilitate vehicular traffic, provide better connections between the highway system of Kansas and the highway systems of the adjoining states, remove many of the present handicaps and hazards on the congested highways in the state, and promote the agricultural and industrial development of the state, the Kansas turnpike authority is hereby authorized and empowered to construct, maintain, repair and operate turnpike projects, and to issue revenue bonds of the authority, payable solely or partly from revenues, to finance such projects. No toll road project shall be undertaken unless and until such project and the proposed location therefor have been thoroughly studied with respect to traffic, engineering, cost and financing nor unless such study shows:
(a) That public funds for construction of a free expressway are not available;
(b) that the construction of a toll expressway can be financed solely or partly through the investment of private funds in toll road revenue bonds; and
(c) that the project and indebtedness incurred therefor can be financed solely or partly through tolls and other income from operation of the project.
History: L. 1953, ch. 308, § 2; L. 2019, ch. 49, § 2; July 1.
(a) There is hereby created a body politic and corporate to be known as the Kansas turnpike authority. The authority is hereby constituted a public instrumentality and the exercise by the authority of the powers conferred by this act in the construction, operation and maintenance of turnpike projects shall be deemed and held to be the performance of an essential governmental function.
(b) The Kansas turnpike authority shall consist of five members. Two members shall be appointed by the governor for terms of four years. The members appointed by the governor shall be residents of the state and shall each year be owners of revenue bonds issued by the Kansas turnpike authority. One member of the authority shall be the secretary of transportation. One member shall be the chairperson of the committee on transportation of the senate, and one member shall be a member of the committee on transportation of the house of representatives and shall be appointed by the speaker of the house of representatives. Any person appointed by the governor to fill a vacancy on the authority shall be appointed to serve only for the unexpired term, and a member of the authority shall be eligible for reappointment. A member of the authority may be removed by the governor for misfeasance, malfeasance or willful neglect of duty, but only after reasonable notice and a public hearing conducted in accordance with the provisions of the Kansas administrative procedure act. Each member of the authority, before entering upon the member's duties, shall take and subscribe an oath or affirmation as required by law.
(c) The authority shall elect one member as chairperson of the authority and another as vice-chairperson. The authority shall also elect a secretary-treasurer who need not be a member of the authority. The chairperson, vice-chairperson and secretary-treasurer shall serve as officers at the pleasure of the authority. Three members of the authority shall constitute a quorum and the affirmative vote of three members shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
(d) Members of the Kansas turnpike authority attending meetings of such authority, or attending a subcommittee meeting thereof authorized by such authority, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(e) On and after July 1, 2013, the secretary of transportation shall serve as the director of the authority. The director shall be responsible for the daily administration of the toll roads, bridges, structures and facilities constructed, maintained or operated pursuant to this act. The director or the director's designee shall have such powers as are necessary to carry out these responsibilities.
History: L. 1953, ch. 308, § 3; L. 1961, ch. 307, § 1; L. 1967, ch. 434, § 19; L. 1969, ch. 250, § 3; L. 1973, ch. 268, § 1; L. 1974, ch. 348, § 34; L. 1975, ch. 355, § 1; L. 1975, ch. 427, § 169; L. 1982, ch. 347, § 28; L. 1988, ch. 356, § 271; L. 1998, ch. 182, § 26; L. 2013, ch. 113, § 1; L. 2015, ch. 8, § 1; July 1.
(a) The authority is hereby authorized and empowered to:
(1) Adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) adopt an official seal and alter the same at pleasure;
(3) maintain an office at such place or places within the state as it may designate;
(4) sue and be sued in its own name, plead and be impleaded;
(5) determine the location, subject to the approval of the secretary of transportation, of each turnpike project financed under the provisions of this act, determine its design and the materials of construction, and construct, maintain, repair and operate the same;
(6) issue turnpike revenue bonds of the authority for any of its corporate purposes, payable solely or partly from the tolls and revenues pledged for their payment, and to refund its bonds, all as provided in this act;
(7) fix and revise from time to time and charge and collect tolls for transit over each turnpike project;
(8) adopt rules and regulations for the use of any such turnpike project, and adopt rules and regulations for traffic control on such project;
(9) acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under this act;
(10) designate the locations, and establish, limit and control such points of ingress to and egress from each turnpike project as may be necessary or desirable in the judgment of the authority to insure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated;
(11) make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act;
(12) employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment, and to fix their compensation;
(13) receive and accept from any federal agency grants for or in aid of the construction of any turnpike project, and to receive and accept aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made; and
(14) do all acts and things necessary or convenient to carry out the powers expressly granted in this act.
(b) Violation of any of the rules and regulations adopted under this section shall be unlawful and subject to the penalties contained in K.S.A. 8-2116, and amendments thereto.
History: L. 1953, ch. 308, § 4; L. 1975, ch. 427, § 170; L. 1983, ch. 230, § 1; L. 2019, ch. 49, § 3; July 1.
The authority shall have power to construct grade separations at intersections of any turnpike project with public highways and to change and adjust the lines and grades of such highways so as to accommodate the same to the design of such grade separation. The cost of such grade separations and any damage incurred in changing and adjusting the lines and grades of such highways shall be ascertained and paid by the authority as a part of the cost of such turnpike project.
If the authority shall find it necessary to change the location of any portion of any public highway, it shall cause the same to be reconstructed at such location as the authority shall deem most favorable and of substantially the same type and in as good condition as the original highway. The cost of such reconstruction and any damage incurred in changing the location of any such highway shall be ascertained and paid by the authority as a part of the cost of such turnpike project: Provided, The authority shall not change the location of any portion of a public highway which is a part of the state highway system without the approval of the secretary of transportation.
Any public highway affected by the construction of any turnpike project may be vacated or relocated by the authority in the manner now provided by law for the vacation or relocation of public roads, and any damages awarded on account thereof shall be paid by the authority as a part of the cost of such project.
In addition to the foregoing powers the authority and its authorized agents and employees may enter upon any lands, waters and premises in the state for the purpose of making surveys, soundings, drillings and examinations as they may deem necessary or convenient for the purposes of this act, and such entry shall not be deemed a trespass, nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending. The authority shall make reimbursement for any actual damage resulting to such lands, waters and premises as a result of such activities.
The authority shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (herein called "transmission facilities") of any public utility, pipeline company or pipeline operator in, on, along, over or under any turnpike project. Whenever the authority shall determine that it is necessary that any such transmission facilities which now are, or hereafter may be, located in, on, along, over or under any turnpike project, should be relocated in such turnpike project, or should be removed from such turnpike project, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the authority: Provided, however, That the cost and expenses of such relocation or removal, including the cost of installing such facilities in a new location or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired to accomplish such relocation or removal, shall be ascertained and paid by the authority as a part of the cost of such turnpike project. In case of any such relocation or removal of facilities, the owner or operator of the same, their successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as they had the right to maintain and operate such facilities in their former location or locations. The authority shall also have power to enter into contracts with any landowners for the construction and maintenance of underpasses and bridges under and across any turnpike project running across or through such landowner's land.
The state hereby consents to the use of all lands owned by it, including lands lying under water, which are deemed by the authority to be necessary for the construction or operation of any turnpike project.
History: L. 1953, ch. 308, § 5; L. 1975, ch. 427, § 171; August 15.
The authority is hereby authorized and empowered to acquire by purchase, whenever it shall deem such purchase expedient, solely from funds provided under the authority of this act, such lands, structures, property, rights, rights-of-way, franchises, easements and other interests in lands, including lands lying under water and riparian rights, which are located within this state, as it may deem necessary or convenient for the construction and operation of any project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner thereof, and to take title thereto in the name of the state.
Whenever a reasonable price cannot be agreed upon, or whenever the owner is legally incapacitated or is absent, unknown or unable to convey valid title, the authority is hereby authorized and empowered to acquire by condemnation or by the exercise of the power of eminent domain any lands, property, rights, rights-of-way, franchises, easements and other property, including public lands, parks, playgrounds, reservations, highways or parkways, or parts thereof or rights therein, of any person, copartnership, association, railroad, public service, public utility or other corporation, municipality or political subdivision deemed necessary or convenient for the construction or the efficient operation of any project, or necessary in the restoration of public or private property damaged or destroyed. Any such proceedings shall be conducted, and the compensation to be paid shall be ascertained and paid, in the manner provided by the laws of the state then applicable which relate to condemnation or the exercise of the power of eminent domain by the secretary of transportation: Provided, however, That title to any property condemned by the authority shall immediately vest in the authority and the authority shall be entitled to the immediate possession of such property upon the deposit with the clerk of the court in which such condemnation proceedings were originated, of the total amount of the appraised price of the property and court costs and fees as provided by said laws, notwithstanding that any of the parties to such proceedings shall appeal from such appraisement. Whenever the authority shall make such deposit in connection with any condemnation proceeding, the making of said deposit shall not preclude the authority from appealing any decision rendered in such proceeding. The said clerk of the court shall hold any such deposit made by the authority until the period within which an appeal may be taken from such appraisement has expired or if an appeal is taken, until judgment has been rendered on such appeal. If the appraisement is increased or decreased as the result of an appeal, the amount of the increase or decrease shall be paid by or refunded to the authority. Title to any property acquired by the authority shall be taken in the name of the state.
If the owner, lessee or occupier of any property to be condemned shall refuse to remove his or her personal property therefrom or give up possession thereof, the authority may proceed to obtain possession in any manner now or hereafter provided by law.
With respect to any railroad property or right-of-way upon which railroad tracks are located, any powers of condemnation or of eminent domain may be exercised to acquire only an easement interest therein which shall be located either sufficiently far above or sufficiently far below the grade of any railroad track or tracks upon such railroad property so that neither the proposed project nor any part thereof, including any bridges, abutments, columns, supporting structures and appurtenances, nor any traffic upon it shall interfere in any manner with the use, operation or maintenance of the trains, tracks, works or appurtenances or other property of the railroad nor endanger the movement of the trains or traffic upon the tracks of the railroad. Prior to the institution of condemnation proceedings of such easement over or under such railroad property or right-of-way, plans and specifications of the proposed project showing compliance with the above-mentioned above or below grade requirements and showing sufficient and safe plans and specification of such overhead or undergrade structure and appurtenances shall be submitted to the railroad for examination and approval. If the railroad fails or refuses within thirty days to approve the plans and specifications so submitted, the matter shall be submitted to the state corporation commission whose decision, arrived at after due consideration in accordance with its usual procedure, shall be final as to the sufficiency and safety of such plans and specifications and as to such elevations or distances above or below the tracks. Such overhead or undergrade structure and appurtenances shall be constructed only in accordance with such plans and specifications and in accordance with such elevations or distances above or below the tracks so approved by the railroad or the state corporation commission as the case may be. A copy of the plans and specifications approved by the railroad or the state corporation commission shall be filed as an exhibit with the petition for condemnation.
History: L. 1953, ch. 308, § 6; L. 1975, ch. 427, § 172; August 15.
The authority is hereby authorized to provide by resolution, at one time or from time to time, for the issuance of turnpike revenue bonds of the authority for the purpose of paying all or any part of the cost of any one or more turnpike projects. The principal of and the interest on such bonds shall be payable solely from the funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate not exceeding the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto, shall mature at such time not exceeding 40 years from their date, as determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price and under such terms and conditions as may be fixed by the authority prior to the issuance of the bonds. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be signed by the chairperson of the authority or shall bear a facsimile signature of the chairperson, and the official seal of the authority shall be impressed thereon and attested by the secretary-treasurer of the authority. Any coupons attached thereto to such bonds shall bear the facsimile signature of the chairperson of the authority. In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All bonds issued under the provisions of this act shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. The bonds may be issued in coupon or in registered form, or both, as the authority determines, and provision may be made for the registration of any coupon bonds as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds. The authority may sell such bonds in such manner and for such price as it determines will best effect the purposes of this act.
The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the turnpike project or projects for which such bonds have been issued, and shall be disbursed in such manner and under such restrictions, if any, as the authority provides in the resolution authorizing the issuance of such bonds or in the trust agreement hereinafter mentioned securing the same. If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue exceed such cost, surplus shall be deposited to the credit of the sinking fund for such bonds.
Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The authority may also provide for the replacement of any bonds which are mutilated, destroyed or lost. Bonds may be issued under the provisions of this act without obtaining the consent of any department, division, commission, board, bureau or agency of the state and without any other proceedings or the happening of any other conditions or things than those proceedings or conditions which are specifically required by this act.
History: L. 1953, ch. 308, § 7; L. 1970, ch. 64, § 81; L. 1983, ch. 49, § 89; May 12.
Revenue bonds issued under the provisions of this act shall not be deemed to constitute a debt of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any such political subdivision thereof, but all such bonds shall be payable solely or partly from the funds provided from revenues. All such revenue bonds shall contain on the face a statement to the effect that neither the state nor the authority shall be obligated to pay the same or the interest thereon except from revenues of the project or projects for which they are issued and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof is pledge to the payment of the principal of or the interest on such bonds.
All expenses incurred in carrying out the provisions of this act shall be payable solely or partly from funds provided under the authority of this act and no liability or obligation shall be incurred by the authority beyond the extent to which moneys shall have been provided under the provisions of this act.
History: L. 1953, ch. 308, § 8; L. 2019, ch. 49, § 4; July 1.
(a) The authority is hereby authorized to fix, revise, charge and collect tolls for the use of each turnpike project and the different parts or sections thereof, and to contract with any person, partnership, association or corporation desiring the use of any part thereof, including the right-of-way adjoining the paved portion, for placing thereon telephone, telegraph, electric light or power lines, motor fuel filling stations, garages, and restaurants, or for any other purpose except for tracks for railroad or railway use, and to fix the terms, conditions, rents and rates of charges for such use. All contracts made by the authority for retail establishments or locations for retail establishments shall be made separately for each retail establishment or location for a retail establishment and sealed bids shall be asked separately on each retail establishment or each location for a retail establishment by public offering duly advertised as provided by law for the advertising for bids on state highway construction projects and each such contract shall be let by the authority in like manner as provided by law for the letting of highway construction contracts by the secretary of transportation. Such tolls shall be so fixed and adjusted in respect of the aggregate of tolls from the turnpike project or projects in connection with which the bonds of any issue shall have been issued as to provide a fund sufficient with other revenues, if any, to pay: (1) The cost of maintaining, repairing and operating such turnpike project or projects; and (2) the principal of and the interest on such bonds as the same shall become due and payable, and to create reserves for such purposes.
(b) Such tolls shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the state. The tolls and all other revenues derived from the turnpike project or projects in connection with which the bonds of any issue shall have been issued, except such part thereof as may be necessary to pay such cost of maintenance, repair and operation and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in such resolution or such trust agreement in a sinking fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made; the tolls or other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of such sinking fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking fund shall be a fund for all such bonds without distinction or priority of one over another.
(c) The authority shall not use toll or other revenue for any other purposes than those set forth in this section.
History: L. 1953, ch. 308, § 9; L. 1975, ch. 427, § 173; L. 1981, ch. 265, § 1; L. 2013, ch. 113, § 2; July 1.
In the discretion of the authority any bonds issued under the provisions of this act may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the tolls and other revenues to be received, but shall not convey or mortgage any turnpike project or any part thereof. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation and insurance of the turnpike project or projects in connection with which such bonds shall have been authorized, the rates of toll to be charged, and the custody, safeguarding and application of all moneys.
It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of the operation of the turnpike project or projects.
History: L. 1953, ch. 308, § 10; April 7.
All moneys received pursuant to the authority of this act, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this act. The resolution authorizing the bonds of any issue or the trust agreement securing such bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustees of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this act and such resolution or trust agreement may provide.
History: L. 1953, ch. 308, § 11; April 7.
Any holder of bonds issued under the provisions of this act or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the state or granted hereunder or under such trust agreement or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this act or by such trust agreement or resolution to be performed by the authority or by any officer thereof, including the fixing, charging and collecting of tolls.
History: L. 1953, ch. 308, § 12; April 7.
The exercise of the powers granted by this act will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of turnpike projects by the authority will constitute the performance of essential governmental functions, the authority shall not be required to pay any taxes or assessments upon the income derived from any turnpike project or property acquired or used by the authority under the provisions of this act. Any bonds issued under the provisions of this act, their transfer and the income therefrom (including any profit made on the sale thereof) shall at all times be free from taxation within the state.
History: L. 1953, ch. 308, § 13; L. 1975, ch. 495, § 14; July 1.
Bonds issued by the authority under the provisions of this act are hereby made securities in which all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may hereafter be authorized by law.
History: L. 1953, ch. 308, § 14; April 7.
Each turnpike project when constructed and opened to traffic shall be maintained and kept in good condition and repair by the authority. Each such project shall also be policed and operated by such force of police, toll-takers and other operating employees as the authority may in its discretion employ.
All private property damaged or destroyed in laying out and constructing said turnpike project shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of funds provided under the authority of this act.
All counties, cities, towns and other political subdivisions and all public agencies and commissions of the state, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the authority at its request upon such terms and conditions as the proper authorities of such counties, cities, towns, political subdivisions, agencies or commissions of the state may deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the authority, including public roads and other real property already devoted to public use.
Annually, prior to the 10th day of each regular session of the legislature, the authority shall make an annual report of its activities for the preceding fiscal year to the governor. Each such report shall set forth a complete operating and financial statement covering its operations during the year. The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof may be treated as a part of the cost of construction or operation of the project.
Any member, agent or employee of the authority who contracts with the authority or is interested, either directly or indirectly, in any contract with the authority or in the sale of any property, either real or personal, to the authority shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or both.
History: L. 1953, ch. 308, § 15; L. 1957, ch. 369, § 1; L. 1979, ch. 213, § 1; L. 2015, ch. 8, § 2; July 1.
The authority is hereby authorized to provide by resolution for the issuance of turnpike revenue refunding bonds of the authority for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this act, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the authority, for the additional purpose of constructing improvements, extensions, or enlargements of the turnpike project or projects in connection with which the bonds to be refunded shall have been issued. The authority is further authorized to provide by resolution for the issuance of its turnpike revenue bonds for the combined purpose of (a) refunding any bonds then outstanding which shall have been issued under the provisions of this act, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and (b) paying all or any part of the cost of any additional turnpike project or projects. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the authority in respect of the same, shall be governed by the provisions of this act insofar as the same may be applicable.
History: L. 1953, ch. 308, § 16; April 7.
Except as hereinafter provided in this section, when all bonds issued under the provisions of K.S.A. 68-2001 to 68-2020, inclusive, and acts amendatory thereof or supplemental thereto, in connection with any turnpike project and the interest thereon shall have been paid or a sufficient amount for the payment of all such bonds and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders, such project, if then in good condition and repair, shall become a part of the state highway system and shall thereafter be maintained by the department of transportation.
The secretary of transportation, when such project becomes a part of the state highway system, shall have the same power as vested in the authority by K.S.A. 68-2009, to fix, revise, charge and collect tolls for the use of such turnpike project and to contract for the use of any part thereof and to fix the terms, conditions, rents and rates of charges for such use; and such tolls, rents and rates of charges shall be sufficient to provide enough revenue to maintain, repair, operate, regulate and police such turnpike.
The authority may, however, at any time prior thereto covenant to continue tolls for the use of such project and pledge such tolls to the payment of bonds issued under the provisions of K.S.A. 68-2001 to 68-2020, inclusive, and acts amendatory thereof or supplemental thereto, or K.S.A. 68-2030 to 68-2049, inclusive, and acts amendatory thereof or supplemental thereto, or K.S.A. 68-2044 and amendments thereto and statutes supplemental thereto, in connection with another turnpike project or projects, but any such pledge of tolls of a turnpike project to the payment of bonds issued in connection with another project or projects shall not be effectual until the principal of and the interest on the bonds issued in connection with the first and second mentioned project shall have been paid or provision made for their payment.
History: L. 1953, ch. 308, § 17; L. 1975, ch. 427, § 174; L. 1978, ch. 275, § 1; L. 1982, ch. 280, § 1; July 1.
To provide for the preliminary expenses of the authority in carrying out the provisions of this act, the legislature shall not appropriate any moneys from the state general fund, but shall appropriate such amounts as it may deem necessary, not exceeding twenty-five thousand dollars ($25,000) for any one fiscal year, from the state highway fund, which sum so appropriated by the legislature, shall be paid to the authority and simultaneously with the delivery of the bonds, the sum so paid shall be reimbursed by the authority to the state for the credit of the highway fund out of the proceeds of any bonds which may be issued by the authority under the provisions of this act.
The authority is hereby authorized and directed to make such surveys and studies of any turnpike project as may be necessary to effect the financing authorized by this act at the earliest practicable time, and for this purpose to employ such consulting engineers, traffic engineers, legal and financial experts and such other employees and agents as it may deem necessary. To effect the purpose of this act the secretary of transportation shall make available to the authority all data in the secretary's possession which may be useful to the authority in making such surveys and studies and said secretary may furnish such assistance in making investigations and in preparing designs for any turnpike project as may be agreed upon between the secretary and the authority, the cost of such surveys and expenses incurred by the secretary to be paid by the authority.
History: L. 1953, ch. 308, § 18; L. 1975, ch. 427, § 175; August 15.
The foregoing sections of this act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws: Provided, however, That the issuance of turnpike revenue bonds or turnpike revenue refunding bonds under the provisions of this act need not comply with the requirements of any other law applicable to the issuance of bonds. Except as otherwise expressly provided in this section, none of the powers granted to the authority under the provisions of this act shall be subject to the supervision or regulation or require the approval or consent of any municipality or political subdivision or any commission, board, bureau, official or agency thereof or of the state.
History: L. 1953, ch. 308, § 19; April 7.
Any person who uses any turnpike project and fails or refuses to pay toll provided therefor shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than thirty (30) days, or both, and in addition thereto the authority shall have a lien upon the vehicle driven by such person for the amount of such toll and may take and retain possession thereof until the amount of such toll and all charges in connection therewith shall have been paid.
History: L. 1953, ch. 308, § 20; April 7.
(a) The registered owner of a vehicle driven on a turnpike project shall pay all tolls associated with that vehicle's use on any turnpike project. The Kansas turnpike authority may provide by regular U.S. mail or accepted United States postal service tracking method a notice of toll-evasion violation to the registered owner of a vehicle driven on any turnpike project for which the toll has not been paid. The notice of toll evasion may include a toll-evasion civil penalty, administrative fee, and costs for each instance in which the registered owner of a vehicle driven on any turnpike project has failed to pay the toll.
(b) On and after January 1, 2018, if the outstanding amount of any tolls due and owing by the registered owner exceeds $100, the director or the director's designee is authorized to instruct the division of vehicles to require payment of any tolls due and owing to the county treasurer at the time of registration or renewal of registration or otherwise to refuse to register or renew the registration of the vehicle, as set forth in K.S.A.
8-173(e), and amendments thereto, of the registered owner or owners, until those amounts are paid to the satisfaction of the director or the director's designee.
(c) The registered owner may contest any notice of toll evasion, including all tolls, penalties, fees, costs and registration holds, directly to the Kansas turnpike authority. Upon receipt of a contest from the registered owner, the authority shall investigate and provide to the registered owner, within 30 days of receipt of the registered owner's submission, a toll-evasion violation order, which shall contain the findings of the investigation. A registered owner may thereafter pay the specified amount or contest these findings and conclusions of the authority by requesting an administrative hearing within 15 days of receipt of the toll-evasion violation order, pursuant to the Kansas administrative procedure act.
(1) The administrative hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(2) Any party may appeal the administrative hearing order to the district court, in accordance with the provisions of the Kansas judicial review act.
(d) The turnpike authority may adopt any rules and regulations necessary to carry out the provisions of this section.
History: L. 2016, ch. 56, § 1; July 1.
The secretary of transportation and the Kansas turnpike authority are hereby authorized and empowered to contract with each other, by the terms of which contract or contracts the secretary may undertake: (1) To provide personnel and equipment, either of the department of transportation or consulting or contracting firms, required in making any traffic and cost studies or surveys or origin-destination studies necessary preliminary to financing by the Kansas turnpike authority of any particular toll project undertaken as authorized by law, and to do such work; and
(2) to provide personnel and equipment required, and to do any engineering, geological work, soils testing or materials testing which may be required by the Kansas turnpike authority either preliminary to the financing of any particular toll project authorized by law or which may be required after such financing and during the construction of such project. The charges for services contemplated by such project shall be made by the secretary of transportation on the basis of the total and actual cost to the department of all wages, salaries, expenses, equipment rental, damage to equipment, depreciation or other charges and expenses chargeable to the services to be rendered to the Kansas turnpike authority, except that the total amount of any credit and funds advanced hereunder shall not at any one time exceed the sum of $250,000.
History: L. 1955, ch. 305, § 1; L. 1975, ch. 427, § 176; L. 2013, ch. 113, § 3; L. 2015, ch. 8, § 3; July 1.
(a) The secretary of transportation and the Kansas turnpike authority are hereby authorized and empowered to contract with each other to provide personnel and equipment and other resources, either of the department of transportation, the Kansas turnpike authority or consulting or contracting firms for: (1) Recordkeeping, reporting, administrative, planning, engineering, legal and clerical functions; and (2) construction, operation and maintenance of turnpike projects and highways of the state.
(b) The Kansas turnpike authority shall retain its separate identity, powers and duties as an instrumentality of the state. Duplication of effort, facilities and equipment shall be minimized by the authority and the secretary of transportation in operation and maintenance of turnpikes and highways of the state. The authority and the secretary are authorized to take such action as necessary to implement this section, including the temporary transfer of personnel, property and equipment from the authority to the secretary, and the secretary to the authority, to effect contracts described in subsection (a). The integrity of the bonded indebtedness shall be maintained through the actions of the authority.
History: L. 2013, ch. 113, § 4; L. 2015, ch. 8, § 4; July 1.
The Kansas turnpike authority is hereby authorized to contract for the services as set out in K.S.A. 68-2021, which contracts shall provide, on behalf of the Kansas turnpike authority as follows: (1) That it shall reimburse the secretary of transportation out of the proceeds of the sale of bonds for any such project or, from any other funds available for the purpose, the amount so expended by the secretary on said particular project for such services rendered prior to the sale of such turnpike revenue bonds, and (2) it shall pay to the secretary of transportation, as billed by the secretary, all charges made for such services done and rendered as a part of or necessary to the construction of such project.
History: L. 1955, ch. 305, § 2; L. 1975, ch. 427, § 177; August 15.
The terms and provisions of this act shall be considered and construed to be in addition and supplemental to the terms and provisions of K.S.A. 68-2001 to 68-2020, inclusive and amendments there, and shall not be construed as amendatory thereto, but all contracts entered into by the secretary of transportation and the Kansas turnpike authority after this act takes effect which relate to the services described in K.S.A. 68-2021 and 68-2022, shall be governed solely by the provisions of this act.
History: L. 1955, ch. 305, § 3; L. 1975, ch. 427, § 178; August 15.
Agreements heretofore executed by and between the state highway commission and the Kansas turnpike authority relating to services described in K.S.A. 68-2021 and 68-2022, are hereby approved.
History: L. 1955, ch. 305, § 4; April 9.
The Kansas turnpike authority and the superintendent of the Kansas highway patrol are hereby authorized to provide by contract or agreement, as provided herein, for the policing of any toll or turnpike constructed and operated as permitted and provided by law. All such contracts or agreements shall be subject to the approval of the governor and, if made, shall provide that the total cost of said policing, including, but not limited to all salaries, expenses, uniforms, equipment, retirement benefits provided for members of the Kansas highway patrol assigned to any toll or turnpike facility, vehicles, communication equipment, training of members and other items properly chargeable as costs of said policing shall be paid by the Kansas turnpike authority. Payments to the Kansas highway patrol due under such contracts or agreements shall be made not less than monthly and amounts so paid by the Kansas turnpike authority shall be deposited in and credited to such fund as may be used for the support of the Kansas highway patrol and shall be available for its use: Provided, That payments made to provide retirement benefits shall be deposited in and credited to the state highway patrol pension fund.
History: L. 1955, ch. 304, § 1; June 30.
Such contracts or agreements shall state the number and rank of the troopers and officers which are to be assigned to police such toll or turnpike facilities but the Kansas turnpike authority shall have the right to prescribe the number and rank of such troopers and officers required. All personnel assigned to police toll or turnpike facilities shall be subject to the control and supervision of the Kansas turnpike authority. The troopers and officers assigned to toll or turnpike facilities may cooperate with the state highway patrol in policing the various highways of the state and the members of the state highway patrol who are not assigned to toll or turnpike facilities may cooperate with the Kansas turnpike authority in policing any toll or turnpike facility.
History: L. 1955, ch. 304, § 2; June 30.
Personnel assigned to such policing duties shall be classified in their duties in the same manner and in the same or similar work in the Kansas highway patrol organization and shall be so paid. All persons so assigned shall be deemed members of the state highway patrol and of the retirement and pension system of the state highway patrol and shall be subject to the provisions of article 20b of chapter 74 [*] of the Kansas Statutes Annotated and any acts amendatory thereof or supplemental thereto except that the Kansas turnpike authority shall make the necessary contributions for such pension and retirement system for the members who serve in behalf of the Kansas turnpike authority as would otherwise be required of the state of Kansas. Personnel of the state highway patrol assigned to police toll or turnpike facilities under the authority of this act shall not be considered in applying the provisions of any other law of this state limiting the number of the personnel of the state highway patrol but the personnel so assigned shall be in addition to the number of members of the state highway patrol as limited by other laws. If personnel assigned to any toll or turnpike facility is uniformed, such uniforms shall be identical to uniforms provided Kansas highway patrol personnel and their vehicles shall be marked, if marked, in the identical manner as Kansas highway patrol vehicles: Provided, Such uniforms and markings [vehicles] shall be so marked, in addition, to indicate Kansas turnpike authority assignment.
History: L. 1955, ch. 304, § 3; June 30.
All personnel so assigned and employed shall have law enforcement authority as is contemplated and provided by K.S.A. 74-20a03, and any amendments thereto.
History: L. 1955, ch. 304, § 4; L. 1957, ch. 370, § 1; June 29.
The provisions of this act are hereby declared to be supplemental to but not amendatory to the terms and provisions of sections 68-2001 to 68-2020, both sections inclusive, of the Kansas Statutes Annotated, and articles 20a and 20c of chapter 74 of the Kansas Statutes Annotated and any amendments thereto.
History: L. 1955, ch. 304, § 5; June 30.
History: L. 1957, ch. 368, § 1; L. 1974, ch. 274, § 1; L. 1975, ch. 427, § 179; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 2; L. 1965, ch. 397, § 1; L. 1974, ch. 274, § 2; L. 1975, ch. 427, § 180; L. 1978, ch. 275, § 2; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 270, § 1; Repealed, L. 1978, ch. 275, § 4; April 8.
History: L. 1957, ch. 368, § 3; L. 1975, ch. 427, § 181; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 4; L. 1963, ch. 340, § 1; L. 1975, ch. 427, § 182; L. 1999, ch. 137, § 11; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 5; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 6; L. 1970, ch. 64, § 82; L. 1983, ch. 49, § 90; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 7; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 8; L. 1975, ch. 427, § 183; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 9; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 10; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 11; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 12; L. 1975, ch. 495, § 15; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 13; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 14; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 15; L. 1963, ch. 340, § 2; L. 1978, ch. 275, § 3; L. 1982, ch. 280, § 2; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 16; L. 1975, ch. 427, § 184; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 17; L. 1975, ch. 427, § 185; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 18; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 19; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1982, ch. 280, § 3; L. 1987, ch. 262, § 1; L. 1989, ch. 210, § 1; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1982, ch. 280, § 4; L. 1987, ch. 262, § 2; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1982, ch. 280, § 5; L. 1987, ch. 262, § 3; L. 1989, ch. 210, § 2; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1957, ch. 368, § 20; L. 1961, ch. 308, § 1; Repealed, L. 1974, ch. 274, § 4; March 21.
History: L. 1965, ch. 397, § 2; Repealed, L. 1967, ch. 356, § 20; July 1.
History: L. 1967, ch. 356, § 1; L. 1975, ch. 427, § 186; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 2; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 3; L. 1975, ch. 427, § 187; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 4; L. 1975, ch. 427, § 188; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 5; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 6; L. 1970, ch. 64, § 83; L. 1983, ch. 49, § 91; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 7; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 8; L. 1975, ch. 427, § 189; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 9; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 10; L. 1992, ch. 146, § 5; L. 1997, ch. 180, § 20; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 11; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 12; L. 1975, ch. 495, § 16; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 13; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 14; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 15; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 16; L. 1975, ch. 427, § 190; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 17; L. 1975, ch. 427, § 191; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 18; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1967, ch. 356, § 19; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 1; L. 1975, ch. 427, § 192; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 2; L. 1973, ch. 269, § 23; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 3; L. 1975, ch. 427, § 193; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 4; L. 1975, ch. 427, § 194; L. 1999, ch. 137, § 12; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 5; L. 1975, ch. 427, § 195; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 6; L. 1973, ch. 269, § 24; L. 1983, ch. 49, § 92; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 7; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 8; L. 1975, ch. 427, § 196; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 9; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 10; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 11; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 12; L. 1975, ch. 495, § 17; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 13; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 14; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 15; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 16; L. 1975, ch. 427, § 197; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 17; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 18; L. 1975, ch. 427, § 198; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 19; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 20; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 21; L. 1975, ch. 427, § 199; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 22; L. 1975, ch. 427, § 200; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1972, ch. 249, § 23; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 1; L. 1975, ch. 427, § 201; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 2; L. 1974, ch. 275, § 2; L. 1974, ch. 276, § 1; L. 1975, ch. 356, § 1; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 3; L. 1974, ch. 275, § 3; L. 1974, ch. 276, § 2; L. 1975, ch. 427, § 202; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 4; L. 1974, ch. 276, § 3; L. 1975, ch. 427, § 203; L. 1999, ch. 137, § 13; L. 2001, ch. 5, § 281; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1974, ch. 275, § 4; Repealed, L. 1974, ch. 276, § 9; April 8.
History: L. 1973, ch. 269, § 5; L. 1975, ch. 427, § 204; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 6; L. 1974, ch. 275, § 5; L. 1974, ch. 276, § 4; L. 1983, ch. 49, § 93; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 7; L. 1974, ch. 275, § 6; L. 1974, ch. 276, § 5; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 8; L. 1974, ch. 275, § 7; L. 1974, ch. 276, § 6; L. 1975, ch. 427, § 205; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 9; L. 1974, ch. 275, § 8; L. 1974, ch. 276, § 7; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 10; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 11; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 12; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 13; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 14; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 15; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 16; L. 1975, ch. 427, § 206; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 17; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 18; L. 1975, ch. 427, § 207; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 19; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 20; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 21; L. 1975, ch. 427, § 208; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 22; L. 1975, ch. 427, § 209; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1973, ch. 269, § 25; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1974, ch. 274, § 3; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1974, ch. 275, § 1; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1979, ch. 210, § 1; L. 1979, ch. 33, § 46; Repealed, L. 2013, ch. 113, § 5; July 1.
History: L. 1981, ch. 261, § 1; Repealed, L. 2013, ch. 113, § 5; July 1.
In addition to other powers and duties granted to the secretary of transportation:
(a) (1) The secretary of transportation may study the feasibility of constructing toll projects or turnpike projects.
(2) The study of the feasibility of such toll project or turnpike project shall include, but not be limited to:
(A) The total cost of such project;
(B) a determination of the funding of such projects, including the use of toll revenues in combination with other funds;
(C) a determination of the duration of the collection of tolls on such project and if such project is to become toll-free, a projected date when such project would become toll-free;
(D) a determination, after consulting with local officials, that traffic volume, local contribution or other relevant reasons make such tolling project feasible;
(E) such other data deemed necessary by the secretary for a determination of the project's feasibility; and
(F) at least one local public meeting to review the project during the feasibility study process.
(b) After conducting the feasibility study under subsection (a) and if such feasibility study provides a favorable result, the secretary of transportation may construct the toll project or turnpike project.
(c) Toll projects or turnpike projects constructed under subsection (b) shall only be constructed to add capacity to existing highways or bridges, or to construct new highways or bridges where a highway or bridge did not previously exist.
(d) Prior to constructing a toll project or turnpike project, the secretary and local unit or units of government shall prepare a joint proposal for the construction of the toll project or turnpike project and present the joint proposal to the Kansas turnpike authority and the state finance council. The secretary and the local unit or units of government must receive:
(1) A resolution passed by the Kansas turnpike authority approving the construction of the toll project or turnpike project; and
(2) a resolution passed by the state finance council approving the construction of the toll project or turnpike project.
(e) For purposes of subsection (d):
(1) "Local unit or units of government" means the city council, if the toll project or turnpike project will be located partially or wholly within the limits of a city, and the county commission where the toll project or turnpike project is located, if the toll project or turnpike project is not wholly located within the limits of a city or cities.
(2) "Approving" means a vote by the Kansas turnpike authority or the state finance council approving the construction of the toll project or turnpike project by a majority of the members present, when a quorum of the members are present for the vote.
(f) Tolls shall be charged only on users of the additional capacity of the highway or bridge constructed as a toll project or turnpike project. Tolls shall be charged on all users of toll projects or turnpike projects that construct highways or bridges where none previously existed.
(g) The secretary shall use toll revenue for payment of the cost of the toll project or turnpike project for which the toll was collected. The secretary shall not use the toll revenue for payment of costs not associated with the toll project or turnpike project for which the toll was collected.
(h) Tolls shall be charged on all users of the toll project or turnpike project regardless of class, size or kind of traffic.
(i) The approvals by the state finance council required by subsection (d) are hereby characterized as matters of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto. Such approvals may be given by the state finance council when the legislature is in session.
History: L. 1996, ch. 192, § 1; L. 2010, ch. 156, § 22; L. 2019, ch. 49, § 5; July 1.
As used in this act:
(a) "Secretary" means the secretary of transportation.
(b) "Highway" means a highway, road, street or alley.
(c) "Improvement" means the repair, building, rebuilding, alteration, construction or reconstruction of any highway or part thereof, or the grading or regrading of the same, or the erection, construction, building, rebuilding, or repair of any bridge or culvert on any highway.
(d) "Municipality" means a city, township or county.
(e) "Person" means any individual, firm, corporation or association.
(f) "Warning light" means a warning light which conforms to the standards set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways and other standards issued or endorsed by the federal highway administrator, and as adopted by the secretary of transportation pursuant to K.S.A. 8-2003, and amendments thereto.
History: L. 1957, ch. 354, § 1; L. 1975, ch. 426, § 59; L. 1977, ch. 230, § 1; L. 2004, ch. 34, § 1; July 1.
Every person who shall have entered into a contract to make any improvement, or any municipality which has undertaken for itself the making of any improvement, shall, where the work so undertaken requires the closing of any highway or the rendering of the same impassable or dangerous to travel while such improvement is being made, place at the intersection of all highways leading thereto, barricades and warning signs, advising the public that the highway is closed or is impassable or dangerous to travel.
History: L. 1957, ch. 354, § 2; L. 1995, ch. 188, § 8; L. 2004, ch. 34, § 2; July 1.
In all cases where any municipality or the secretary of transportation shall engage in the making of any improvement on any highway and shall not permit public use of such highway while so engaged, as authorized by K.S.A. 68-2104, and amendments thereto, such municipality or the secretary may construct a detour or establish a detour route and place suitable warning signs near thereto, advising the public of the change in such highway.
In any case where a municipality or the secretary of transportation builds or constructs such a detour, or establishes such a detour route, it shall be the sole duty of such municipality or the secretary to erect barricades and warning signs, which signs shall be located at the entrance to, and exit from, the roadways around the improvement being made, or the entrance to, or exit from, the detour route. When a municipality or the secretary of transportation builds or constructs or provides a detour route at an improvement being made on a highway, all other persons shall be relieved of the obligations imposed by K.S.A. 68-2102, and amendments thereto, upon such other persons in connection with the erection of barricades or warning signs where the performance of the duty would result in a duplication of such barricades or warning signs.
All detours shall be clearly marked at all times, so that the traveling public may be properly advised of the course taken by such detour.
History: L. 1957, ch. 354, § 3; L. 1975, ch. 427, § 210; L. 1995, ch. 188, § 9; L. 2004, ch. 34, § 3; July 1.
Any municipality or the secretary of transportation may permit public use of a highway, or portion thereof, under their respective jurisdictions, during construction or maintenance work in lieu of constructing or establishing a detour route, and such municipality or the secretary is authorized to regulate and control traffic thereon by traffic signals, traffic lights, warning lights, flagmen, signs or devices, which shall be effective at the first sign identifying the road construction zone as defined in K.S.A. 8-1458a.
History: L. 1957, ch. 354, § 4; L. 1975, ch. 427, § 211; L. 1994, ch. 220, § 11; April 21.
Any person to whom has been awarded a contract for the making of any improvement as provided for in this act shall receive no pay on any estimate for work on said contract until such person has complied with the provisions of this act.
History: L. 1957, ch. 354, § 5; June 29.
Any person who shall, without authority, destroy or remove any barricade, warning sign or warning light when used in accordance with the provisions of this act, or who shall drive on a hard-surfaced highway under improvement without authority from the proper officials, when said road is barricaded and suitable warning signs have been placed to advise that such road is closed to traffic, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the fines and penalties prescribed by K.S.A. 68-2107, and, in addition, said person shall be required to reimburse the contractor, municipality or secretary of transportation for any damage to the improvements or to the barricades, warning signs or lights; but nothing in this act shall be construed as prohibiting or restricting the authorities of the municipality, secretary of transportation, or federal government from having free access to the improvement at all times.
History: L. 1957, ch. 354, § 6; L. 1975, ch. 427, § 212; August 15.
Any person failing, neglecting or refusing to comply with the provisions of this act, and for which a specific penalty is not provided in this act, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than $10 nor more than $100, or imprisoned for not less than 10 days nor more than 90 days, or by both such fine and imprisonment.
History: L. 1957, ch. 354, § 7; L. 2004, ch. 34, § 4; July 1.
History: L. 1957, ch. 354, § 8; L. 1975, ch. 427, § 213; Repealed, L. 1979, ch. 186, § 3; July 1.
This act may be cited as the "junkyard and salvage control act."
History: L. 1967, ch. 357, § 1; May 4.
For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest, and necessary and appropriate to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to highways, roads and streets within this state.
History: L. 1967, ch. 357, § 2; L. 1973, ch. 271, § 1; July 1.
(a) The term "junk" shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
(b) "Automobile graveyard" shall mean any establishment which is maintained, used, or operated, for storing, keeping, buying, or selling 10 or more wrecked, scrapped, ruined, dismantled or inoperative motor vehicles, but such term shall not include any location where motor vehicle bodies are placed along stream banks for purposes of bank stabilization and soil erosion control, if such placement conforms with guidelines established by the chief engineer of the division of water resources of the Kansas department of agriculture.
(c) "Junkyard" shall mean an establishment which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps.
(d) "Interstate system" means that portion of the national system of interstate and defense highways, including city connecting links and portions of the Kansas turnpikes, located within this state, as officially designated, or as may hereafter be so designated, by the secretary, and approved by the proper federal authority as provided by law.
(e) "Primary system" means that portion of connected main highways, including city connecting links, as officially designated, or as may hereafter be so designated, by the secretary, and approved by the proper federal authority as provided by law.
(f) "Person" means any individual, firm, agency, company, association, partnership, business trust, joint stock company or corporation, including municipal corporation.
(g) "Commission" means the secretary of transportation.
(h) "Board" means the secretary of transportation.
History: L. 1967, ch. 357, § 3; L. 1973, ch. 271, § 2; L. 1975, ch. 426, § 60; L. 1978, ch. 276, § 1; L. 2004, ch. 101, § 108; July 1.
No person shall establish, operate, or maintain a junkyard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any street or highway on the interstate system or the primary system, or any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any other state, county, township highway, road, or city street, except the following:
(a) Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the street or highway, or otherwise removed from sight.
(b) Those located within areas which are zoned for industrial use under authority of law.
(c) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by rules and regulations to be adopted by the secretary of transportation.
(d) Those which are not visible from the main traveled way of a street or highway on the interstate or the primary systems, or any other state, county, township highway, road, or city street.
History: L. 1967, ch. 357, § 4; L. 1973, ch. 271, § 3; L. 1975, ch. 427, § 214; L. 1976, ch. 296, § 1; July 1.
No person shall establish, operate, or maintain a junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any street or highway on the interstate or the primary systems, or any other portion of which is within 1,000 feet of the nearest edge of the right-of-way of any other state, county, township highway, road or city street, without obtaining a certificate of compliance from the secretary of transportation, which certificates shall be issued only for junkyards not prohibited by K.S.A. 68-2204, and amendments thereto. The secretary of transportation shall have the sole authority to issue certificates of compliance for the establishment, maintenance and operation of junkyards within the limits defined herein, except that an initial application for a certificate of compliance must show that such junkyards were approved by a local governing body if such approval is required by the local governing body. The secretary of transportation shall charge an annual fee of $50 payable on or before January 1. Anyone establishing a junkyard after July 1 of any year shall pay a fee of $25 for the remaining portion of the year. No city or county governing body shall be required to pay any fees provided for herein. All licenses issued under this section shall expire on January 1 following the date of issue. A certificate of compliance may be renewed from year to year upon paying to the secretary of transportation the sum of $50 in advance for such renewal.
Any person who shall willfully or intentionally refuse to make an original application or renewal application, or to pay the annual certificate of compliance fee, as prescribed in this act, shall be deemed delinquent on and after February 16 of any year, or in cases where business is established after the first of the year such person shall be deemed delinquent on and after 45 days after establishment of the business and shall be assessed a penalty fee by the secretary of transportation of $1 per day for each day such person continues to do business until the application is made and the fees have been paid. After such time it shall be unlawful for the owner, or any person, to operate the junkyard. Proceeds from such fees shall be deposited with the state treasurer in the state highway fund and be subject to disbursement as provided by law to defray the expenses of administering the provisions of this act. Whenever any person required to be certified under this act fails to make application with the secretary of transportation, or to pay the certificate of compliance fee when due, or continues to do business when the secretary of transportation has denied, suspended or revoked such application or certificate of compliance, the secretary of transportation may file an action to enjoin such person from operating in violation of this act.
History: L. 1967, ch. 357, § 5; L. 1968, ch. 154, § 1; L. 1972, ch. 250, § 1; L. 1973, ch. 271, § 4; L. 1976, ch. 296, § 2; L. 1987, ch. 263, § 1; January 1, 1988.
The secretary of transportation shall have the authority to adopt rules or regulations governing the location, planting, construction and maintenance, including the materials used in screening or fencing required by this act. Any plantings, fencing or other screening facilities located on public land or easements shall be public property.
History: L. 1967, ch. 357, § 6; L. 1975, ch. 426, § 61; August 15.
Any junkyard which was lawfully in existence on May 4, 1967, and duly certified in the subsequent year and which is within 1,000 feet of the nearest edge of the right-of-way and visible from the main traveled way of any street or highway on the interstate or the primary systems and any junkyard within 1,000 feet of the nearest edge of the right-of-way and visible from the main traveled way of any other state, county, township highway, road or city street, and which is not located as specified in subsection (b) or (c) of K.S.A. 68-2204, and amendments thereto, shall be screened, if feasible and if federal funds are available, by the secretary of transportation at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way so as not to be visible from the main traveled way of such highway.
History: L. 1967, ch. 357, § 7; L. 1973, ch. 271, § 5; L. 1975, ch. 427, § 215; L. 1987, ch. 263, § 2; January 1, 1988.
When the secretary of transportation determines that the topography of the land adjoining the highway, road or street will not permit adequate screening of any junkyard lawfully in existence, or the screening of such a junkyard would not be economically feasible, the secretary shall have the authority to acquire by gift, purchase, exchange, or condemnation, such interests in lands as may be necessary to secure the relocation, removal or disposal of the junkyards; and to pay for the costs of relocation, removal, or disposal, thereof. When the secretary determines that it is in the best interest of the state the secretary may acquire such lands, or interests in lands, as may be necessary to provide adequate screening of such junkyards.
History: L. 1967, ch. 357, § 8; L. 1973, ch. 271, § 6; L. 1975, ch. 427, § 216; August 15.
Any junkyard which comes into existence after the effective date of this act, or was being maintained in violation of law on the effective date of this act, or after said date is altered, changed or enlarged so as not to conform to this act, and which is not made to conform to the act by the owner or operator thereof or is operated or maintained in violation of this act is declared to be a public and private nuisance.
History: L. 1967, ch. 357, § 9; L. 1973, ch. 271, § 7; July 1.
Nothing in this act shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution, which are more restrictive than the provisions of this act.
History: L. 1967, ch. 357, § 10; May 4.
The secretary of transportation is hereby authorized to enter into agreements with the United States secretary of commerce as provided by title 23, United States code, relating to the control of junkyards in areas adjacent to the interstate and the primary systems, and to take action in the name of the state to comply with the terms of any such agreement.
History: L. 1967, ch. 357, § 11; L. 1975, ch. 427, § 217; August 15.
(a) The state salvage board is hereby abolished. All of the powers, duties and functions of the state salvage board are hereby transferred to and conferred and imposed upon the secretary of transportation. The secretary of transportation shall be the successor in every way to the powers, duties and functions of the state salvage board in which the same were vested prior to August 15, 1975. The secretary of transportation shall be a continuation of the state salvage board, and every act performed under the authority of the secretary of transportation shall be deemed to have the same force and effect as if performed by the state salvage board in which such functions were vested prior to August 15, 1975.
(b) On and after August 15, 1975, whenever the state salvage board, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of transportation.
(c) All rules or regulations of the state salvage board in existence on August 15, 1975, shall continue to be effective and shall be deemed to be the rules or regulations of the secretary of transportation, until revised, amended, repealed or nullified pursuant to law.
History: L. 1967, ch. 357, § 12; L. 1974, ch. 348, § 35; L. 1974, ch. 277, § 1; L. 1975, ch. 426, § 62; August 15.
The secretary of transportation may deny the application of any person for a certificate of compliance under this act and may suspend or revoke a certificate of compliance issued or refuse to issue a renewal thereof. Orders under this section, and proceedings thereon, are subject to the provisions of the Kansas administrative procedure act and are subject to review in accordance with the Kansas judicial review act.
History: L. 1967, ch. 357, § 13; L. 1973, ch. 271, § 8; L. 1975, ch. 427, § 218; L. 1986, ch. 318, § 126; L. 1987, ch. 263, § 3; L. 1988, ch. 356, § 272; L. 2010, ch. 17, § 175; July 1.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History: L. 1967, ch. 357, § 14; May 4.
Unlawful junkyard maintenance is intentional operation or maintenance of a junkyard in violation of article 22 of chapter 68 of Kansas Statutes Annotated, and amendments thereto.
Unlawful junkyard maintenance is a class C misdemeanor.
History: L. 1968, ch. 154, § 2; L. 1973, ch. 271, § 9; July 1.
History: L. 1968, ch. 346, §§ 1 to 15; Repealed, L. 1972, ch. 251, § 14; March 31.
The legislature hereby finds and declares: (a) That outdoor advertising is a legitimate, commercial use of private property adjacent to streets, roads and highways, where such commercial use does not conflict with the lawfully designated use of surrounding property;
(b) that the erection and maintenance of outdoor advertising billboards, signs, displays, and devices in areas adjacent to interstate highways and primary highways should be regulated in order to protect the public investment in such highways, to promote the recreational value of public travel, to preserve natural beauty and to promote the reasonable, orderly and effective display of outdoor advertising;
(c) that outdoor advertising is an integral part of the business and marketing function, and an established segment of the national economy, and should be allowed to operate in business areas, or areas where other commercial use of land is not prohibited, so long as such operation is not in conflict with lawfully imposed restrictions on the use of such areas; and
(d) that the regulatory standards set forth in K.S.A. 68-2234 are consistent with customary use in this state and will properly and adequately carry out each and all of the purposes of this act; and that more severe restrictions should be imposed only when necessary to protect the lawful objectives and purposes of the people of this state or of any community of people therein.
History: L. 1972, ch. 251, § 1; L. 1973, ch. 272, § 1; July 1.
As used in this act the following words and phrases shall have the meanings respectively ascribed to them herein: (a) "Adjacent area" "controlled area" means an area which is adjacent to the right-of-way on any interstate or primary highway and is visible from the main traveled way.
(b) "Business area" means any part of an adjacent area, except areas adjacent to scenic byways, designated by the secretary of transportation, which is:
(1) Zoned for industrial or commercial activities under the authority of any law or by a local zoning authority; or
(2) an unzoned commercial or industrial area as herein defined.
(c) "Center line of the highway" means a line equidistant from the edges of the median separating the main traveled ways on a divided highway, or the center line of the main traveled way on a nondivided highway.
(d) "Commercial or industrial activities" means, for the purpose of establishing unzoned commercial or industrial areas, those activities generally recognized as commercial or industrial by local zoning authorities in this state, but excludes the following activities:
(1) Outdoor advertising structures;
(2) agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands;
(3) transient or temporary activities;
(4) activities not visible from the traffic lanes of the main traveled way;
(5) activities more than 660 feet from the nearest edge of a highway right-of-way;
(6) activities conducted in a building principally used as a residence;
(7) railroad tracks and minor sidings;
(8) on-premise or on-property signs as provided for in subsection (c) of K.S.A. 68-2233, and amendments thereto, if the on-premise or on-property sign is the only part of the commercial or industrial activity that is visible from the main traveled way;
(9) any outdoor advertising activity or any other business or commercial activity carried on in connection with an outdoor advertising activity; and
(10) illegal junkyards as provided for in K.S.A. 68-2201 through 68-2215, and amendments thereto, and junkyards lawfully in existence pursuant to K.S.A. 68-2207, and amendments thereto.
(e) "Comprehensive zoning" means zoning by local zoning authorities of each parcel of land under the jurisdiction of the local zoning authority placed in a zoning classification pursuant to a comprehensive plan or reserved for future classification.
(f) "Department" means the Kansas department of transportation.
(g) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign structure.
(h) "Freeway" means any primary highway which is a divided arterial highway with four or more lanes available for through traffic with full control of access and grade separation at intersections.
(i) "Highway" means a highway as defined by K.S.A. 8-1424, and amendments thereto. For the purpose of this act, a highway shall be considered a highway when the project for improvement and final alignment has been approved by the appropriate authorities.
(j) "Interstate highway" means any highway at any time officially designated as a part of the national system of interstate and defense highways by the secretary of transportation and approved by the appropriate authority of the federal government.
(k) "Local zoning authority" means an incorporated city or a county which is authorized by law to zone areas within its jurisdiction and which has an active zoning authority.
(l) "Main traveled way" means the traveled way of a highway on which through traffic is carried. On a divided highway, the traveled way of each of the separate roadways for traffic in opposite directions is a main traveled way, but such term does not include such facilities as frontage roads, turning roadways or parking areas.
(m) "Maintain" means to keep in a state of continuing existence. A sign must remain substantially the same as it was when permitted on the effective date of compliance with state law. Customary maintenance of a sign includes only change of message, replacing electrical wiring and bulbs, painting of the face and structure, clearing of vegetation on the parcel the sign is located, reinforcing the structure and repairing the apron or catwalks or any addition or enhancements to safety equipment on structures including safety cables, railings and other modifications necessary to meet current safety standards. An increase in dimension, a change in dimension, any change in location, increase in height or the addition of lighting does not constitute customary maintenance. Additional maintenance activities, other than customary maintenance, require a new sign permit.
(n) "Primary highway" means any highway, other than an interstate highway, that was part of the federal-aid primary system in existence on June 1, 1991, and any highway which is not on such system but which is on the national highway system.
(o) "Safety rest area" means an area or site established and maintained within or adjacent to the highway right-of-way, which area is under public supervision or control and for the convenience of the traveling public.
(p) "Sign" or "outdoor advertising device" means any outdoor sign structure, display, light, device, notice, bulletin, figure, painting, drawing, message, placard, poster, billboard, vehicle or other thing which is designed, intended or used to advertise or inform, any part of the advertising or informative contents which is visible from any place on the main traveled way or any portion of an interstate or primary highway.
(q) "Sign facing" means and includes a sign display or displays at the same location and facing the same direction.
(r) "Sign display" means a single panel or part of the sign, including trim and background, which contains a message or messages.
(s) "Sign structure" means and includes all components of the sign, which may include poles, bracings, lateral supports, vehicles, displays and other materials of every kind and nature used to support a facing or facings on which advertising is placed.
(t) "Traveled way" means the portion of a roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
(u) "Unzoned commercial or industrial area" means an area which is not zoned by state or local law, regulation or ordinance, which is within 660 feet of the nearest edge of the right-of-way of the controlled area, and on which there is located one or more permanent structures devoted to a commercial or industrial activity or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, which meets all the requirements specified in subsection (h) of K.S.A. 68-2234, and amendments thereto.
(v) "Visible" means capable of being seen without visual aid by a person of normal visual acuity.
(w) "Zoned commercial or industrial areas" means those areas which are comprehensively zoned for business, industry, commerce or trade pursuant to a state or local zoning ordinance or resolution or an area which is zoned for business, industry, commerce or trade pursuant to a state or local zoning ordinance or regulation. Local zoning action must be taken pursuant to the state's zoning enabling statute or constitutional authority in accordance therewith. Zoning which is not part of comprehensive zoning or which is created primarily to permit advertising devices or structures shall not be recognized as valid zoning for purposes of the Kansas highway advertising control act and the rules and regulations promulgated thereunder, unless there actually exists a commercial or industrial activity as defined under subsection (d) of K.S.A. 68-2232, and amendments thereto.
(x) "Secretary" means the secretary of transportation.
(y) "Vegetation control" means a program authorized hereunder, providing for the control of vegetation on state rights-of-way which shall be of benefit to the state as well as providing assistance to sign owners. Vegetation control is recognized as part of the maintenance of the state's highway right-of-way as it relates to safety and other highway operations. The secretary shall adopt policies and procedures for the creation of a vegetation control program within 12 months of the effective date of this act.
History: L. 1972, ch. 251, § 2; L. 1975, ch. 33, § 10; L. 1975, ch. 427, § 219; L. 2000, ch. 44, § 1; L. 2006, ch. 141, § 1; July 1.
After March 31, 1972, and subject to the provisions of K.S.A. 68-2237, and amendments thereto, no sign shall be erected or maintained in an adjacent area, except the following: (a) Directional and official signs, including, but not limited to, signs pertaining to natural wonders, scenic or historical attractions, churches or rural businesses, which are required or authorized by law and which shall conform to rules and regulations promulgated by the secretary consistent with national policy, except that no such sign or notice shall be erected until an approved sign application and permit is obtained as provided for in K.S.A. 68-2236, and amendments thereto. Directional and official signs shall be required to obtain a license but such signs are exempt from payment of the fees required under subsection (c) of K.S.A. 68-2236, and amendments thereto;
(b) signs advertising the sale or lease of property upon which they are located;
(c) on-premise signs advertising activities conducted on the property on which they are located, including, without limiting the generality of the foregoing, goods grown, produced, sold, stored, manufactured, processed or mined thereon; services rendered thereon; and entertainment provided thereon;
(d) nonconforming signs or advertising devices lawfully in existence on March 31, 1972, or deemed to be nonconforming, provided that no such sign shall be maintained without a license as provided for in K.S.A. 68-2236, and amendments thereto;
(e) conforming signs or advertising devices erected in business areas and which comply with the provisions of K.S.A. 68-2234, and amendments thereto. No such sign or advertising device shall be erected until a permit is obtained as provided in K.S.A. 68-2236, and amendments thereto;
(f) conforming signs or advertising devices legally erected after March 31, 1972, which no longer comply with spacing, size or zoning requirements of K.S.A. 68-2234, and amendments thereto, because of a change in the law, provided that no such sign shall be maintained without a license as required by K.S.A. 68-2236, and amendments thereto. Such signs shall be considered legal conforming signs with grandfather status;
(g) in addition to the limitations contained in this section, in order to further the purposes to promote the reasonable, orderly and effective display of outdoor advertising devices along highways adjacent to scenic and historical areas, while protecting the public investment in these highways and promoting safety and recreational value of public travel and to preserve natural beauty, no advertising sign, except as permitted under subsections (a), (b) or (c) shall be erected adjacent to any highway which is either:
(1) A scenic highway or scenic byway designated by the secretary;
(2) within 1,000 feet of the boundary line of a Kansas state park, a national park, a state or national wildlife refuge;
(3) within 500 feet of any of the following: Public park, garden, recreation area, forest preserve, church, school, any public museum or historical monument, any safety rest or recreation area which is publicly owned, controlled and maintained pursuant to 23 U.S.C. § 319 or any sanitary or other facility for the accommodation of the motorist which is publicly owned, controlled and maintained pursuant to 23 U.S.C. § 319; or
(4) within 500 feet of any strip of land, an interest in which has been acquired by the state of Kansas for the restoration, preservation or enhancement of scenic beauty and which is publicly controlled and maintained pursuant to 23 U.S.C. § 319.
History: L. 1972, ch. 251, § 3; L. 1975, ch. 427, § 220; L. 2006, ch. 141, § 2; July 1.
After March 31, 1972, and subject to the provisions of K.S.A. 68-2233, and amendments thereto, and to subsection (f), signs which are to be erected in a business area shall comply with the following standards: (a)
General.
Signs shall not be erected or maintained which:
(1) Imitate or resemble any official traffic sign, signal or device; or
(2) are erected or maintained upon trees or painted or drawn upon rocks or other natural features.
(b)
Configuration and size.
(1) Signs shall not be erected with sign faces which exceed 30 feet in height, 60 feet in length or 900 square feet in area, per facing, including border, trim and embellishments, but not including base or apron, supports, and other structural members;
(2) the maximum size limitations shall apply to each sign facing;
(3) two sign displays not exceeding 450 square feet each may be erected in a facing, side by side or "double decked," and double-faced, back-to-back or V-type signs shall be permitted and shall be treated as one structure with a maximum area of 900 square feet permitted for each side or facing. To be classified as "back-to-back" there must not be more than 15 feet between structures or faces, to allow for crossbracing;
(4) the area of any sign structure shall be measured by the smallest square, rectangle, circle or combination thereof which will encompass the area of the sign display or displays;
(5) the height of any portion of the sign structure, excluding cutouts or extensions, as measured vertically from the adjacent edge of the road grade of the main traveled way shall not exceed 50 feet;
(6) cutouts or extensions shall be permitted on legal conforming signs at a size not to exceed 30% of the size of the main display area, with a maximum extension of five feet along the top edge, two feet along the sides and 1½ feet along the bottom of the main display area. Cutouts or extensions shall not be permitted where the configuration and size requirements of this subsection will be exceeded.
(c)
Spacing.
(1) Signs shall conform to all applicable building codes and ordinances of the city, county or state, whichever is applicable by reason of the locations of the signs;
(2) signs shall not be erected or maintained in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal or device or to obstruct or physically interfere with a driver's view of approaching, merging or intersecting traffic;
(3) except for official and on-premise signs, as defined in 23 U.S.C. § 131(c) and as provided for in K.S.A. 68-2233, and amendments thereto, any signs or sign structures visible from any primary highway without fully controlled access:
(A) Shall not be spaced less than 300 feet apart outside of incorporated cities;
(B) shall not be spaced less than 200 feet apart within incorporated cities;
(4) any signs or sign structures visible from any interstate highway or freeway with fully controlled access:
(A) Shall not be spaced less than 500 feet apart, except for official and on-premise signs, as defined in 23 U.S.C. § 131(c), and as provided in K.S.A. 68-2233, and amendments thereto;
(B) outside the corporate limits of cities, shall not be located within 500 feet of an interchange, feeder, intersection at grade, safety rest area or information center regardless of whether the main traveled way is within or outside the city limits. The 500 feet spacing shall be measured from the point at which the pavement widens and the direction of measurement shall be along the edge of pavement away from the interchange, collector, intersection at grade, safety rest area or information center. In those interchanges where a quadrant does not have a ramp, the 500 feet for the quadrant at the edge of the intersection is located at the edge of the intersection;
(5) the minimum distance between two signs prescribed by paragraphs (3) and (4) of this subsection shall be measured along the nearest edge of the pavement between points directly opposite the signs along the same side of the highway. Such minimum distance shall not apply to signs described by subsection (a), (b) or (c) of K.S.A. 68-2233, and amendments thereto, nor shall such signs be counted or be used in measuring distances for the purpose of determining compliance with the spacing requirements of this subsection;
(6) the minimum distances between two signs prescribed by paragraphs (3) and (4) of this subsection shall not apply where such signs are separated by a building, structure, roadway or other obstruction which prevents a view of both signs at the same time by traffic proceedings on any one highway; and
(7) nothing in this subsection shall be construed as preventing the erection of double-faced, back-to-back or V-type signs with a maximum of two sign displays per sign facing, as permitted by subsection (b). Nothing in this subsection shall prevent the owner of a single face sign to change the position of the sign face to a different or opposite direction of traffic flow so long as an additional face or additional square feet are not added to the sign structure. No such change may be affected until approval is granted by the department.
(d)
Lighting.
(1) Signs shall not be erected which contain, include or are illuminated by any flashing, intermittent, revolving or moving light, except those giving public service information such as, but not limited to, time, date, temperature, weather or news; steadily burning lights in configuration of letters or pictures are not prohibited;
(2) signs shall not be erected or maintained which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of any interstate or primary highway and are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or to otherwise interfere with any driver's operation of a motor vehicle; and
(3) signs shall not be erected or maintained which are so illuminated that they obscure any official traffic sign, device or signal, or imitate or may be confused with any official traffic sign, device or signal.
(e)
Automatic changeable facing signs.
(1) Automatic changeable facing signs shall be permitted within adjacent or controlled areas under the following conditions:
(A) The sign does not contain or display flashing, intermittent or moving lights, including animated or scrolling advertising;
(B) the changeable facing remains in a fixed position for at least eight seconds;
(C) if a message is changed electronically, it must be accomplished within an interval of two seconds or less;
(D) the sign is not placed within 1,000 feet of another automatic changeable facing sign on the same side of the highway, with the distance being measured along the nearest edge of the pavement and between points directly opposite the signs along each side of the highway;
(E) if the sign is a legal conforming structure it may be modified to an automatic changeable facing sign upon compliance with these standards and approval by the department. A nonconforming structure shall not be modified to create an automatic changeable facing sign;
(F) if the sign contains a default design that will freeze the sign in one position if a malfunction occurs; and
(G) if the sign application meets all other permitting requirements.
(2) The outdoor advertising license shall be revoked for failure to comply with any provision in this subsection.
(f)
Application to local zoning authorities.
Nothing in article 22 of chapter 68 of Kansas Statutes Annotated, and amendments thereto, shall be construed as prohibiting a local zoning authority from controlling the erection, maintenance, size, spacing and lighting of signs in all areas within its jurisdiction by adopting standards which may be consistent with, or more or less restrictive than the highway advertising control act, and amendments thereto, except that along interstate highways, the size and spacing requirements of subsections (b) and (c) of K.S.A. 68-2234, and amendments thereto, shall be met. The standards adopted by a local zoning authority shall include the regulation of size, of lighting and of spacing of all such signs and shall restrict the erection of new signs, other than signs described by subsections (a), (b) and (c) of K.S.A. 68-2233, and amendments thereto, to zoned commercial or industrial areas.
(g)
Prohibition against zoning to permit outdoor advertising.
Zoning action which is not part of comprehensive zoning and is created primarily to permit outdoor advertising structures, is not recognized as zoning for purposes of this act.
(h)
Unzoned commercial or industrial area qualifications for signs.
(1) To qualify an area as unzoned commercial or industrial for the purpose of outdoor advertising control, one commercial or industrial activity shall meet all of the following criteria prior to submitting an outdoor advertising permit application:
(A) The activity shall maintain all necessary business licenses as may be required by applicable state, county or local law or ordinances;
(B) the property used for the activity shall be listed for ad valorem taxes with the county and municipal taxing authorities as required by law;
(C) the activity shall be served by utilities, power, telephone, water and sewer or septic and well;
(D) the activity shall have direct or indirect vehicular access;
(E) the activity must be visible from, and located within 660 feet of the nearest edge of the right-of-way of the controlled route;
(F) the commercial or industrial activity must be in operation for a period of 12 months prior to the date of submitting an application for an outdoor advertising permit and license;
(G) the activity shall be in operation for at least nine months per year; and
(H) the owner or employee shall be present at the site for 20 hours per week;
(2) the unzoned area shall include areas on both sides of any two-lane highway, but shall be limited to land on the same side as the commercial or industrial activity on any highway with four or more traffic lanes. All measurements shall begin from the outer edges of regularly used buildings, parking lots, storage or processing areas of the commercial or industrial activity, not from the property line of the activity and shall be along the nearest edge of the main traveled way of the controlled route. The proposed sign location must be within 600 feet of the commercial or industrial activity.
History: L. 1972, ch. 251, § 4; L. 1973, ch. 272, § 2; L. 1981, ch. 266, § 1; L. 2006, ch. 141, § 3; July 1.
The secretary of transportation is hereby authorized to enter into an agreement with the secretary of the department of transportation of the United States government for the purpose of controlling outdoor advertising in areas adjacent to the interstate and federal-aid primary highway systems or the national highway system in accordance with 23 U.S.C. § 131 (b), 23 U.S.C. § 104 and 23 C.F.R. part 750.
History: L. 1972, ch. 251, § 5; L. 1975, ch. 427, § 221; L. 2006, ch. 141, § 4; July 1.
(a) Unless otherwise provided in this section, no person, firm or corporation shall construct, erect, operate, use or maintain any advertising signs, displays or devices in this state without first obtaining a sign permit and a sign license from the department. Sign permits shall not be issued until a sign permit application has been submitted to and approved by the department. Signs measuring eight square feet or less with a message advertising the existence, meeting dates and location of nonprofit, religious, civic or educational organizations shall not be required to obtain a sign permit or a license. Signs as described in subsections (b) and (c) of K.S.A. 68-2233, and amendments thereto, shall not be required to obtain a sign permit or a license.
(b)
Sign permit application.
From and after June 30, 2006, no signs, displays or devices except as described in subsection (a) shall be erected without first applying for a sign permit from the department. Sign applications shall be submitted on forms provided by the department. Incomplete applications shall be denied. A nonrefundable processing fee of $250 shall be submitted with each permit application for new directional and official signs as identified in subsection (a) of K.S.A. 68-2233, and amendments thereto, whether or not they advertise nonprofit organizations or businesses. A nonrefundable processing fee of $250 shall be submitted with each permit application for new conforming signs identified in subsection (e) of K.S.A. 68-2233, and amendments thereto. The department shall approve the sign permit application within 60 days after receiving the application from the applicant only if the application for the new sign permit complies with the provisions of this act. Upon the approval of a sign permit application, the applicant will be granted a sign permit and a sign license as described in subsection (c) and shall erect the sign described in the application within 180 days from the date of the granting of the sign permit. Failure to obtain a permit and erect the sign described in the application within 180 days of the date of the granting of the permit, shall render the permit and license null and void. Extensions may be granted by the department if they are requested by the applicant in writing prior to the 180 day deadline. All signs, displays or devices erected during the 180 day period and any extensions granted shall comply with all information submitted in the sign permit application. Providing false information on the sign application shall be sufficient grounds to deny or revoke the application or permit.
(c)
Sign permits; sign license.
(1) From and after June 30, 2006, no sign, display or advertising device except signs advertising nonprofit organizations or nonprofit businesses as described in subsection (a) shall be erected without first obtaining a sign permit from the department. No sign permit shall be issued without an approved current sign permit application as described in subsection (b);
(2) a sign license shall be issued along with a sign permit and such license shall be valid for a period of two years from the date it was issued unless revoked for noncompliance with this act. Before the expiration of a sign license, the sign owner shall be required to renew the license. Biennial license renewal fees for a sign structure shall be determined by the size of the advertising per sign structure. Biennial license renewal fees for sign structures are as follows:
License fees will be phased in over a two-year time period for signs listed in the department's sign inventory database as of December 31, 2006. Owners of signs so identified shall be required to pay 50% of their total fees on or before their anniversary date in 2007 and 50% in 2008. Sign owners shall be required to pay the full fee in 2009 and thereafter. Sign owners who erect signs after December 31, 2006, shall be required to pay the entire fees as described in this section;
(3) each license shall be transferable and shall be valid for a period of two years from the last day of the month the license was first granted as long as the sign is maintained and if the sign is not changed as to location, size or lighting. Within 60 days prior to the expiration date of the license, the department will provide the sign owner with a license renewal form for each sign requiring a license. Sign owners shall be required to complete the renewal form and submit the renewal fee as required in this section. A late fee of $50 shall be assessed for each sign renewal license form received 30 days after the expiration of the license. Where applicable, any advertising sign display or device not having a current permit and a current license on file shall be in violation of this act and shall be subject to removal with the cost assessed to the sign owner after the sign owner has been given 30 days notice;
(4) if outdoor advertising is under construction and the department determines that a permit and license has not been issued for the advertising sign display or device, the department may require that all work on the advertising display or device cease until the owner of the outdoor advertising obtains a sign permit and a license.
(d)
Existing signs; unlisted signs; license; fees.
(1) On or before December 31, 2007, sign owners with existing signs that have been assigned a sign identification number as part of the department's sign inventory database as of June 30, 2006, will be issued a sign license for each sign. The department will issue a license for each sign currently in its inventory and for each other sign submitted by a sign owner on or before December 31, 2006, providing that the sign complies with this act. Sign owners shall be required to submit documentation for all signs not currently listed in the department's sign inventory database as of June 30, 2006. Sign owners will not be assessed a processing fee for signs which are listed in the department's sign inventory database as of June 30, 2006, nor will they be assessed a processing fee for signs submitted to the department on or before December 31, 2006. Any sign discovered after December 31, 2006, and not listed in the department's sign inventory database shall be considered unauthorized and illegal and shall be removed at the expense of the sign owner;
(2) within 30 days prior to the stated anniversary date, the department will provide sign owners with a license renewal form for each licensed sign. Sign owners shall be required to complete the renewal form for each sign as required in subsection (c). The department will renew the license for each existing sign upon receipt of the completed renewal form and the required fees on or before the stated anniversary date. A license shall be valid for two years from the stated anniversary date. A late fee shall be assessed for each license renewal form received after the stated anniversary date. Where applicable, any existing sign not having a current license, as identified in the department's sign database, shall be in violation of this act and shall be subject to removal with the costs assessed to the sign owner after the sign owner has been given a 30-day notice.
(e) From and after March 31, 1972, all signs, or the structures on which they are displayed, shall have stated thereon the name of the owner thereof.
(f) The secretary shall remit all moneys received by or for the secretary under the provisions of this act 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 state highway fund.
History: L. 1972, ch. 251, § 6; L. 1973, ch. 272, § 3; L. 1975, ch. 427, § 222; L. 2006, ch. 141, § 5; July 1.
(a) Any sign lawfully in existence along the interstate system or the federal aid primary system which is not located in a business area and which is not in conformity with the provisions of this act shall not be required to be removed until March 31, 1974. Any other sign which is lawfully erected but which does not conform to this act by reason of a highway being made a part of the federal aid primary or interstate highway system subsequent to March 31, 1972, shall not be required to be removed until the end of the fifth year after it becomes nonconforming.
(b) Notwithstanding any other provisions of this act, the standards prescribed by this act concerning the size, lighting or spacing of signs permitted in business areas shall apply only to those signs erected subsequent to March 31, 1972.
History: L. 1972, ch. 251, § 7; March 31.
(a) From and after March 31, 1972, just compensation shall be paid upon the removal of any of the following signs which are not then in conformity with the provisions of this act:
(1) Signs lawfully in existence prior to March 31, 1972; and
(2) Signs lawfully existing or lawfully erected on or after March 31, 1972.
(b) Just compensation shall be paid for the taking: (1) From the owner of such sign, all right, title and interest in and to such sign, and his leasehold related thereto; and (2) from the owner of the real property on which such sign is located immediately prior to its removal, the right to erect and maintain signs thereon, other than those signs described in subsections (a), (b) and (c) of K.S.A. 68-2233; and full compensation therefor shall be included in the amounts paid to the respective owners.
History: L. 1972, ch. 251, § 8; March 31.
The secretary of transportation may purchase or otherwise contract for or institute condemnation proceedings pursuant to K.S.A. 26-501 et seq. for the purpose of the removal of the signs described in K.S.A. 68-2238. If the secretary does not institute such condemnation proceedings prior to the removal of such signs, and such signs are removed by the owner upon the written request of the secretary, the person or persons entitled to compensation may file a claim for compensation within one hundred eighty (180) days after removal is completed. Such compensation shall be paid upon presentation to the secretary of such information as the secretary may reasonably require. If the secretary of transportation and a claimant do not reach agreement on the amount of compensation payable to such claimant in respect to any removal within one hundred twenty (120) days after the filing of such claim, the claimant may institute a civil action in district court to have such compensation determined.
Such action may be commenced in the county where the sign and land are located, in the claimant's county of residence or in Shawnee county, but it must be commenced not later than one (1) year after the filing with the secretary of such claim for compensation.
History: L. 1972, ch. 251, § 9; L. 1975, ch. 427, § 223; August 15.
(a) Any advertising structure erected or maintained adjacent to the right-of-way of the interstate or primary highway system after the effective date of this act as determined by K.S.A. 68-2231 through 68-2244, and amendments thereto, in violation of the provisions of this section or rules and regulations adopted by the secretary, or maintained without a permit for construction and a current license shall be considered illegal and shall be subject to removal. The department or its agent shall give 60-days notice by certified mail to the owner of the illegal sign and the landowner, if different from the sign owner, except that the department shall give 10-days notice to the owner of unlawful portable outdoor advertising located on vehicles or stands to remove such advertising structure or make it comply with the provisions of this act. Such notice shall contain a statement that the sign owner has the right to appeal the removal of such sign in accordance with the Kansas administrative procedure act and may appeal that decision to the district court. If such owner is unknown or cannot be reasonably ascertained, the department shall conclude that the advertiser shown on the sign is the owner of the sign. Unless the sign owner appeals in accordance with the provisions of subsection (e), the department or its agents shall have the right to remove the illegal advertising structure, at the expense of the owner, if the owner fails to remove the advertising structure or to make it comply with the provisions of this act within the required period cited in this section. If no appeal by the sign owner has been filed, after giving a 10-day notice to the sign owner and landowner, the department or its agents may enter upon private property for the purpose of removing the illegal advertising structure prohibited by this act or by the rules and regulations adopted by the secretary without civil or criminal liability. The cost of removing the advertising structure, whether by the department or its agents, shall be assessed against the owner of the illegal structure.
(b) A sign owner is prohibited from repairing and erecting a legal, non-conforming sign which sustains damage in excess of 60% of its replacement cost. This prohibition includes signs which have been damaged or destroyed by natural causes. An exception is made for those signs which were destroyed by vandalism or other criminal or tortious acts.
(c) A sign is considered a new sign and requires a new sign license if the sign is abandoned, left blank or remains dilapidated for a period of 12 months. Signs faces displaying public service announcements or displaying a "for rent" notice will not be considered abandoned.
(d) Any person, firm, corporation or association, placing, erecting or maintaining advertising structures, signs, displays or devices along the interstate system or primary system in violation of this act or rules and regulations adopted by the secretary shall not be recognized as advertisement for outdoor purposes and therefore constitutes a public nuisance subject to removal as provided by law.
(e)
Right to Appeal.
(1) Sign owners who are notified under subsection (a) to remove a sign determined to be in noncompliance of this act may appeal such order to the secretary of transportation. Hearings under this paragraph shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(2) Any party aggrieved by the order of the secretary may appeal such order to the district court in accordance with the provisions of the Kansas judicial review act.
History: L. 1972, ch. 251, § 10; L. 1975, ch. 427, § 224; L. 2006, ch. 141, § 6; L. 2010, ch. 17, § 176; July 1.
The secretary of transportation may accept any allotment of funds by the United States, or any agency thereof, appropriated to carry out the purposes of section 131 of title 23 of the United States code, and any amendments thereto. The secretary shall take such steps as may be necessary from time to time to obtain from the United States, or the appropriate agency thereof, funds allotted and appropriated pursuant to said section 131 for the purpose of paying the federal government's seventy-five percent (75%) share of the just compensation to be paid to sign owners and owners of real property under the terms of subsection (g) of said section 131 and K.S.A. 68-2238 and K.S.A. 68-2239.
The secretary is authorized to use any funds appropriated to or received by the secretary for matching federal funds or for other lawful purposes of this act.
History: L. 1972, ch. 251, § 11; L. 1975, ch. 427, § 225; August 15.
Notwithstanding any other provision of this act, no sign shall be removed or subject to removal if the federal share of the just compensation to be paid upon removal of such sign is not available to make such payment.
History: L. 1972, ch. 251, § 12; March 31.
The provisions of K.S.A. 68-2231 through 68-2244, and amendments thereto, and K.S.A. 68-2245, and amendments thereto, shall be known and may be cited as the highway advertising control act.
History: L. 1972, ch. 251, § 13; L. 2006, ch. 141, § 7; July 1.
From and after July 1, 1981, any outdoor advertising signs lawfully erected prior to November 6, 1978, which do not conform to the standards adopted by local zoning authorities as authorized by K.S.A. 68-2234, as amended, may be subject to removal, upon request of the local zoning authority, by the secretary of transportation in the manner provided by the highway advertising control act of 1972. In the event that action by a local zoning authority forces the removal of any such signs for which any person or persons are entitled to just compensation under subsection (g) of section 131 of title 23 of the United States Code and not subject to compensation under K.S.A. 68-2238, the local zoning authority shall be responsible for payment of the non-federal share of such just compensation and for payment of incidental administrative expenses incurred by the secretary of transportation for the removal of such signs.
History: L. 1981, ch. 266, § 2; July 1.
The secretary of transportation is hereby authorized to adopt such rules, regulations or internal policies the secretary deems necessary for the purpose of carrying out the provisions of this act including the adoption of rules and regulations or internal policies regulating the use of new technology in outdoor advertising as allowed under federal regulations for federal-aid primary highways as of June 1, 1991, and all highways designated as part of the national highway system by the national highway system designation act of 1995 and those highways subsequently designated.
History: L. 2006, ch. 141, § 8; July 1.
(a) As used in this section:
(1) "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
(A) Persons who appear in a state of nudity or semi-nudity;
(B) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(C) films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
(2) "nudity" or a "state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernibly turgid state;
(3) "semi-nudity" means a state of dress in which opaque clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple and areola of the female breast below a horizontal line across the top of the areola at its highest point. Semi-nudity shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by wearing apparel provided the areola is not exposed in whole or part;
(4) "sexually-oriented business" means any business which offers its patrons goods of which a substantial portion are sexually-oriented materials. Any business where more than 10% of display space is used for sexually-oriented materials shall be presumed to be a sexually-oriented business;
(5) "sexually-oriented materials" means any textual, pictorial or three dimensional material that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors;
(6) "sign" or "outdoor advertising" means any outdoor sign, display, device, notice, bulletin, figure, painting, drawing, message, placard, poster, billboard or other thing which is designed, intended or used to advertise or inform, any part of the advertising or informative contents of which is located within an adjacent area, and is visible from the state highway.
(b) No sign or other outdoor advertising, for an adult cabaret or sexually-oriented business shall be located within one mile of any state highway except if such business is located within one mile of a state highway then the business may display a maximum of two exterior signs on the premises of the business, consisting of one identification sign and one sign solely giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size and shall include no more than the following information: Name, street address, telephone number and operating hours of the business.
(c) Signs existing at the time of the effective date of this act, which did not conform to the requirements of this section, and amendments thereto, may be allowed to continue as a nonconforming use, but should be made to conform within three years from July 1, 2006.
(d) Any owner of such a business who violates the provisions of this section shall be guilty of a class C misdemeanor. Each week a violation of this section continues to exist shall constitute a separate offense.
(e) This section is designed to protect the following public policy interests of this state, including, but not limited to:
(1) To mitigate the adverse secondary effects of sexually-oriented businesses; (2) to improve traffic safety; (3) to limit harm to minors; and (4) to reduce the sale of sexual relations, crime, juvenile delinquency, deterioration in property values and lethargy in neighborhood improvement efforts.
(f) The attorney general shall represent the state in all actions and proceedings arising from this section, and amendments thereto. All costs incurred by the attorney general to defend or prosecute this section, including payment of all court costs, civil judgments and, if necessary, any attorneys fees, shall be paid from the state general fund.
History: L. 2006, ch. 140, § 1; L. 2013, ch. 120, § 42; July 1.
(a) In order to provide for the construction of modern express highways and freeways to link the principal population centers of the state with the major express highways and freeways in this and other states, facilitate vehicular traffic in the areas to be served, remove many of the present handicaps and hazards on the congested highways in the state and promote the agricultural and industrial development of the state, the secretary of transportation is hereby authorized, empowered and directed to establish and construct a state system of modern express highways and freeways. The express highways and freeways within said system shall be constructed pursuant to the criteria established in subsection (b) and shall be located by the secretary of transportation within the following corridors:
(1) Commencing in the vicinity of the intersection of U.S. highway 54 and the Kansas-Oklahoma border, thence proceeding in a northeasterly and easterly direction, within a corridor including and generally delineated by said U.S. highway 54, to the vicinity of the point in Butler county where said U.S. highway 54 and state highway 96 divide; thence proceeding in an easterly and southeasterly direction, generally described by said highway 96, to the vicinity of the juncture of state highway 96 and state highway 39; thence in a southeasterly direction, within a corridor including and generally delineated by state highway 96, U.S. highway 160 and state highway 57, to the Kansas-Missouri border;
(2) commencing in the vicinity of the intersection of interstate highway 70 and U.S. highway 183, near the city of Hays in Ellis county; thence in a southeasterly direction to the general vicinity of the intersection of the east city limits of the city of Great Bend in Barton county and state highway 96; thence in an easterly and southeasterly direction, within a corridor including and generally delineated by state highway 96, to the vicinity of the juncture of state highway 96 and U.S. highway 54 in Sedgwick county;
(3) commencing in the vicinity of the intersection of the north city limits of the city of Hutchinson in Reno county and state highway 61; thence in a northeasterly direction, within a corridor including and generally delineated by state highway 61, to a point near the south city limits of the city of McPherson in McPherson county;
(4) commencing in the vicinity of the intersection of U.S. highway 75 and the Kansas-Nebraska border; thence in a southerly direction, within a corridor including and generally delineated by U.S. highway 75, to a point near the intersection of said U.S. highway 75 and the proposed right-of-way for interstate highway 35, in the vicinity of the Osage-Coffey county line;
(5) commencing in the vicinity of the intersection of U.S. highway 36 and the Kansas-Missouri border; thence in a westerly direction, within a corridor including and generally delineated by U.S. highway 36, to a point near the intersection of U.S. highways 36 and 81; thence in a southerly direction to a point in the vicinity of the intersection of said U.S. highway 81 and interstate highway 70;
(6) commencing in the vicinity of the intersection of the city limits of the city of Atchison in Atchison county and state highway 7; thence in a southerly direction to the vicinity of the intersection of state highway 7 and interstate highway 35, near the city of Olathe in Johnson county;
(7) commencing in the vicinity of the intersection of U.S. highway 69 and interstate highway 435; thence in a southerly direction, within a corridor including and generally delineated by U.S. highway 69, to the Kansas-Oklahoma border;
(8) commencing in the vicinity of the city of Lawrence in Douglas county; thence in a southerly direction within a corridor which includes the areas between U.S. highways 75, 59 and 169, to the Kansas-Oklahoma border in the general vicinity of a point approximately between the cities of Caney and Coffeyville in Montgomery county; and
(9) commencing in the vicinity of the intersection of the city limits of the city of Lawrence in Douglas county and state highway 10; thence in an easterly direction, within a corridor including and generally delineated by state highway 10, to the vicinity of the intersection of interstate highway 35 and U.S. highways 50 and 56 in the city of Merriam in Johnson county.
(b) All of the moneys deposited in the state freeway fund created in K.S.A. 79-3425, and amendments thereto, except moneys accruing to such fund as a result of the interest or earnings from the investment of moneys in the state freeway fund or in the state freeway construction fund, as provided in K.S.A. 68-2311(d), and amendments thereto, shall be subject to transfer to the state highway fund, as provided by K.S.A. 79-3425, and amendments thereto. After any such transfer, and subject to the provisions of K.S.A. 68-2311, and amendments thereto, the moneys remaining in the state freeway fund shall be expended by the secretary of transportation for: The construction, reconstruction, improvement and maintenance of the state system of express highways and freeways established in subsection (a) of this section; for the retirement of highway bonds and highway refunding bonds issued under the provisions of this act; and for the purpose of making payments to the Kansas turnpike authority pursuant to the provisions of K.S.A. 68-2096, and amendments thereto, except that such payments shall not be made from the interest or earnings from the investment of moneys in the state freeway construction fund, as provided in K.S.A. 68-2311, and amendments thereto. Moneys in the state freeway fund may be transferred to the state highway fund and may be expended from such fund for:
(1) The construction of state highways within the corridors designated in subsection (a) and approved by the secretary of transportation prior to the effective date of this act;
(2) the construction of bypass routes not exceeding five miles in length; and
(3) the reconstruction, improvement and maintenance of state highways, whether or not such highways are within the corridors designated in subsection (a). Such reconstruction, improvement and maintenance shall be according to need as determined by priorities assigned to such state highways by the secretary of transportation in accordance with established standards and criteria.
The allocation and programming of funds within the state system in each fiscal year shall be according to need, as determined by a schedule of priorities assigned to segments of the existing highways which generally delineate the corridors of said state system of express highways and freeways. The secretary of transportation shall determine the length of each such segment in establishing said priorities, and the schedule of priorities shall be updated every four years on the basis of current criteria at that time. Immediately after the effective date of this act, the secretary of transportation shall evaluate the schedule of priorities and, where necessary, reestablish such schedule in accordance with the following standards and criteria: Except where it is specifically provided by law that any of the highways to be constructed within the corridors designated in subsection (a) shall be constructed so as to include multiple lanes in each direction on roadways separated by a median, barrier or other center division, all highways constructed within the state system of modern express highways and freeways after the effective date of this act may be constructed either with multiple lanes in each direction on roadways separated by a median, barrier or other center division or may be constructed with two lanes on a single roadway. Whenever the secretary of transportation deems it necessary and appropriate for the safety of vehicular traffic, such highways shall be designed and constructed to include controlled access, passing lanes, expanded shoulder width, long-sight distances, grade separations at intersections with other roads and highways and railroads. Nothing herein shall be construed as abrogating, limiting or otherwise affecting the construction of any highway for which bids for the construction thereof have been solicited and received prior to the effective date of this act, nor shall the foregoing be construed as precluding the secretary of transportation, whenever the secretary deems it feasible and appropriate, from acquiring right-of-way sufficient to accommodate the eventual construction of multiple-lane divided highways within any corridor designated in subsection (a).
(c) In constructing or reconstructing the state system of modern express highways and freeways established in this section, the secretary shall evaluate from time to time the feasibility of designating new or added capacity portions of any of the modern express highways and freeways within the system as a toll road. If the secretary shall determine that the designation of any new or added capacity portion as a toll road is feasible, based on the projected traffic, engineering, cost and financing of the proposed toll road and a determination that adequate public funds for construction of such toll road are not available and that the construction of such toll road can be financed partly through proceeds of the bonds issued pursuant to this act, the secretary may construct such toll road after meeting the requirements of K.S.A. 60-20,120, and amendments thereto. Nothing in this subsection shall be construed as abrogating, limiting or otherwise affecting any obligations or duties imposed upon the secretary of transportation under this section with respect to the construction, reconstruction, improvement and maintenance of the state system of modern express highways and freeways, including without limitation location studies, engineering, right-of-way acquisition and public hearings, nor shall it affect in any way the allocation, programming or priority of funds therefor.
History: L. 1969, ch. 462, § 18; L. 1972, ch. 252, § 12; L. 1974, ch. 276, § 8; L. 1975, ch. 357, § 1; L. 1975, ch. 427, § 226; L. 1979, ch. 323, § 8; L. 1989, ch. 209, § 30; L. 2019, ch. 49, § 6; July 1.
As used in this act, the following words and terms shall have the meanings respectively ascribed to them herein:
(a) "Commission" shall mean the secretary of transportation.
(b) "Highway projects" shall mean the express highways and freeways which are within the system of modern express highways and freeways established and constructed pursuant to K.S.A. 68-2301, and any amendments thereto.
(c) "Bonds" or "highway bonds" shall mean the highway bonds authorized under the provisions of this act.
(d) "State freeway fund" shall mean the state freeway fund created in K.S.A. 79-3425, and any amendments thereto.
History: L. 1972, ch. 252, § 1; L. 1975, ch. 426, § 64; August 15.
The secretary of transportation is hereby authorized and empowered to: (a) Issue highway bonds of the state of Kansas, payable solely from revenues accruing to the state freeway fund and pledged to their payment, for the purpose of providing funds for the construction, reconstruction and improvement of the highway projects in the state, to refund such bonds, and to pay all expenses incidental to the authorization and issuance of said bonds, including without limitation the acquisition of right-of-way, employment of financial advisors, engineers, attorneys and such other professional services as the secretary deems necessary to carry out the provisions of this act, all as provided in this act;
(b) Make and enter into all contracts and agreements necessary or incidental to the performance of the secretary's duties and the execution of the secretary's powers under this act, including without limitation all contracts and agreements necessary to cooperate with the federal highway administration of the United States department of transportation, or with other federal agencies, and to do and perform all other acts required to obtain benefits under the terms and provisions of title 23 of the United States code or any other federal legislation amendatory thereof or supplementary thereto; and
(c) Do all acts and things necessary or convenient to carry out the powers expressly granted in this act.
History: L. 1972, ch. 252, § 2; L. 1975, ch. 427, § 227; August 15.
The secretary of transportation is hereby authorized to provide by one or more resolutions for the issuance of highway bonds of the state of Kansas, in the amounts and with the limitations provided in this section, for the purpose of providing funds for the construction, improvement and reconstruction of any one or more highway projects in an aggregate principal amount not exceeding $320,000,000, but the annual principal amount of such bonds issued in any fiscal year shall not exceed $40,000,000, except that whenever bonds are issued in any fiscal year in an amount less than that permitted in such fiscal year, bonds in an amount not to exceed the difference between the amount of the bonds actually issued and the amount of the bonds permitted to be issued in such fiscal year may be issued in any subsequent fiscal year in addition to the amount of bonds permitted to be issued in that fiscal year. The principal of and the interest on such bonds shall be payable solely from the state freeway fund. The bonds of each issue shall be dated, shall bear interest at a rate not exceeding the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto, shall mature not more than 30 years from their date, as provided by the secretary of transportation, and may be made redeemable before maturity, at the option of the secretary, at such price and under such terms and conditions fixed by the secretary prior to the issuance of the bonds. Such bonds shall not be sold for any amount less than par and accrued interest. Such bonds shall be fully amortized over the thirty-year period. The secretary shall determine the form and the manner of execution of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination of the bonds and the place of payment of principal and interest, which shall be at a member bank or trust company of the federal reserve system or with one or more banks in the state of Kansas, or both. The bonds shall be signed by the secretary of transportation or bear the secretary's facsimile signature, and the official seal shall be impressed thereon, and any coupons thereon shall bear the facsimile signature of the secretary. In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. All bonds issued under the provisions of this act shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. The bonds may be issued in coupon or in registered form, or both, as the secretary determines, and provision may be made for the registration of any coupon bonds as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest and for the interchange of registered and coupon bonds. The resolution authorizing the issuance of any such bonds may contain such other provisions as the secretary of transportation deems reasonable and proper for the security of the holders of the bonds. All bonds authorized to be issued by the secretary under this act shall be sold at public sale with sealed bids. Notice of such sale shall be given once by publication in the Kansas register, but such sale also shall be advertised in such financial publications as the secretary deems necessary. Such notice in the Kansas register shall be published not less than 10 days nor more than 30 days before such sale and shall contain the following information: (a) The date, time and place at which written, sealed bids will be received and considered for the sale of such bonds for cash; (b) the date of issue, total par value and denomination of the bonds being sold; (c) the minimum amount which will be accepted as a bid; (d) the dates and amounts of maturities of such bond issues; (e) the maximum rate of interest and the maximum acceptable difference between the highest and the lowest rates of interest; (f) the dates on which interest on such bonds are due and payable; (g) the place where and the approximate date on which the bonds being sold will be delivered to the purchaser; and (h) a statement that a good faith deposit in the form of a certified or cashier's check in the amount of 2% of the total par value of the bonds being sold shall accompany each bid.
Prospective purchasers shall submit written, sealed bids for such bonds, and each bid shall be accompanied by a certified or cashier's check for 2% of the total par value of the bonds being sold. In case any purchaser, whose bid is accepted, fails to carry out their contract, the deposit shall be forfeited to the secretary of transportation as full and liquidated damages. The sealed bids shall be opened publicly and only at the time and place specified in the notice; and at the time and place specified, the bonds shall be sold to the highest and best bidder, who shall be that bidder specifying the lowest net average annual interest rate; however, any or all bids may be rejected. No bonds shall be delivered to any purchaser until a certified or cashier's check in the amount of the bid is placed in the possession and custody of the secretary or secretary's assigns.
The secretary of transportation also may provide for the replacement of any bonds which are mutilated, destroyed or lost. Bonds may be issued under the provisions of this act without obtaining the consent of any department, division, commission, board, bureau or agency of the state and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this act.
The proceeds from the sale of the highway bonds authorized to be issued under this act shall be paid into the state treasury to the credit of a state freeway construction fund, which fund is hereby created, and the moneys paid into such fund are hereby appropriated for the purpose of providing funds for the construction, reconstruction and improvement of highway projects in the state, subject to the provisions of K.S.A. 68-2306 and 68-2311, and amendments thereto.
History: L. 1972, ch. 252, § 3; L. 1975, ch. 427, § 228; L. 1976, ch. 297, § 1; L. 1981, ch. 324, § 21; L. 1983, ch. 49, § 94; May 12.
Bonds issued under the provisions of this act shall not be deemed to constitute a debt of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any such political subdivision thereof, but all such bonds shall be payable solely from revenues accruing to the state freeway fund and pledged for their payment. All such bonds shall contain on the face thereof a statement to the effect that neither the state nor the commission shall be obligated to pay the same or the interest thereon except from moneys accruing to the state freeway fund pledged to the payment of such bonds, and that the faith and credit of the state are not pledged to the payment of the principal of or the interest on such bonds.
History: L. 1972, ch. 252, § 4; February 22.
The secretary of transportation is hereby authorized and empowered, in the manner provided by law, to withdraw in each year from the state freeway fund and the state freeway construction fund, upon duly executed order or voucher of said secretary to the state director of accounts and reports, such amount or amounts as shall be required in such year for paying the interest on all highway bonds or highway refunding bonds issued by the secretary under this act; for retiring such bonds by their maturity or maturities; for creating reserves for such purposes; for paying the premium, if any, on a specified aggregate principal amount of such bonds which would be payable in such year if such principal amount of bonds were to be redeemed prior to their maturity or maturities; for doing any of the acts authorized by K.S.A. 68-2311; and for paying any administrative or other expenses incurred in carrying out the powers granted by this act.
The method of computing the amount or amounts which will be required in each such year to provide for paying the interest on and retiring such bonds by their maturity or maturities, creating reserves for such purposes and paying any administrative or other expenses shall be determined as provided in the resolution of the secretary authorizing the issuance of the bonds.
The payments provided to be made in any year pursuant to the provisions of this section from the state freeway fund shall be a first lien and claim on the state freeway fund.
History: L. 1972, ch. 252, § 5; L. 1975, ch. 427, § 229; August 15.
The secretary of transportation is hereby authorized to provide by resolution for the issuance of revenue refunding bonds of the secretary of transportation for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this act, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the secretary, for the additional purpose of providing funds for the construction, reconstruction and improvement of highway projects in the state. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the secretary in respect of the same, shall be governed by the provisions of this act insofar as the same may be made applicable. Pending the application of the proceeds of such highway refunding bonds, with any other available funds, to the payment of the principal, accrued interest and premium of the bonds being refunded and, if so provided or permitted in the resolution authorizing the issuance of such highway refunding bonds, to the payment of any interest on such refunding bonds, the secretary may invest such proceeds in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of America which shall mature, or which shall be subject to redemption by the holder thereof at the option of such holder, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.
History: L. 1972, ch. 252, § 6; L. 1975, ch. 427, § 230; August 15.
The resolution authorizing the issuance of highway bonds under the provisions of this act may provide that a specified number of holders of such bonds, or any of the coupons appertaining thereto, either at law or in equity, by suit, action, mandamus or other proceedings, may protect and enforce any and all rights under the laws of the state or granted hereunder or under the resolution or resolutions authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this act or by such resolution to be performed by the secretary of transportation or by any officer thereof or of the state, including the application of moneys in the state freeway fund to the payment of the principal, interest and redemption premiums on bonds issued under this act.
History: L. 1972, ch. 252, § 7; L. 1975, ch. 427, § 231; August 15.
The exercise of the powers granted by this act will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity and for the improvement of their health and living conditions; and as the construction, improvement and reconstruction of highway projects in the state will constitute the performance of essential governmental functions, all bonds issued pursuant to the provisions of this act, and all income or interest therefrom, at all times shall be exempt from all state taxes.
History: L. 1972, ch. 252, § 8; L. 2010, ch. 44, § 29; July 1.
Bonds issued by the secretary of transportation under the provisions of this act are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, savings and loan associations, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.
History: L. 1972, ch. 252, § 9; L. 1975, ch. 427, § 232; August 15.
(a) All moneys received pursuant to the authority of this act, whether as proceeds from the sale of bonds or as payments from the state freeway fund, shall be deemed to be trust funds to be held and applied solely as provided in this act. The secretary of transportation shall have the responsibility for the management of the state freeway fund and the state freeway construction fund. Within the limitations provided by this section, the pooled money investment board shall invest and reinvest moneys in the funds and shall acquire, retain, manage, including the exercise of any voting rights, and dispose of investments of the funds, except that moneys in the state freeway construction fund may be invested only in direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America or in interest-bearing time deposits in any commercial bank located in Kansas, or, if the board determines that it is impossible to deposit such moneys in such time deposits, in repurchase agreements of less than 30 days' duration with a Kansas bank or with a primary government securities dealer which reports to the market reports division of the federal reserve bank of New York for direct obligations of, or obligations that are insured as to principal and interest by, the United States government or any agency thereof. In investing or reinvesting moneys in the funds, and in acquiring, retaining, managing and disposing of investments of the funds, there shall be exercised the judgment and care under the circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard and subject to subsection (c), there may be acquired, retained, managed and disposed of as investments of the funds every kind of investment which persons of prudence, discretion and intelligence acquire, retain, manage and dispose of for their own account, with the objective of all such investments being to make the moneys in such fund as productive as possible, except that no funds may be invested in the common stock of any foreign or domestic corporation. Nothing in this subsection shall be deemed to require the disposition of any common stock in which funds were invested prior to the effective date of this act.
(b) Subject to the standards, objectives and restrictions set forth in subsection (a), the pooled money investment board shall formulate policies for the investment and reinvestment of moneys in the state freeway fund and the state freeway construction fund and the acquisition, retention, management and disposition of investments of these funds. From time to time, the pooled money investment board shall review any policies so adopted and make such changes therein as it deems necessary.
(c) Notwithstanding any of the provisions of subsection (a) or any policies adopted pursuant to subsection (b) to the contrary, the pooled money investment board shall invest only those moneys which are not obligated to be expended within the immediately ensuing six-month period pursuant to contract or for debt service requirements pursuant to the provisions of this act.
(d) The pooled money investment board may enter into contracts with one or more financial advisors whom the board determines to be qualified, whereby the financial advisors undertake to perform the functions specified in subsection (a) to the extent provided in the contract. Performance of functions under contract so entered into shall be paid for out of the gross interest or other income of the investments with respect to which the functions are performed, and the net interest or other income of the investments after that payment shall be considered income of the state freeway fund. The pooled money investment board shall require a financial advisor contracted with to give a fidelity bond in such sum as may be fixed by law or, if not so fixed, as may be fixed by the board, with corporate surety authorized to do business in this state.
(e) In the acquisition or disposition of securities, the pooled money investment board may rely on the written legal opinion of a reputable and nationally recognized bond attorney or attorneys, or the written legal opinion of the attorney of the financial advisors.
(f) Except as provided in subsection (d) and this subsection the custody of money and securities of the funds shall remain with the state treasurer, except that the pooled money investment board may arrange for the custody of such money and securities as it considers advisable with a member bank of the federal reserve system, or with one or more banks in the state of Kansas, or both, to be held in safekeeping by the bank or banks for the collection of the principal and interest or other income or of the proceeds of sale. The services provided by any such bank shall be paid for out of the gross receipts from such interest or other income, and the net interest or other income after such payment shall be considered income of the state freeway fund.
(g) With the advice and consent of the state director of accounts and reports, the pooled money investment board shall establish the requirements and procedure for reporting any and all activity relating to investment functions provided for in this section, in order to prepare a record monthly of the investment income and changes made during the preceding month. The record shall reflect a detailed summary of investment, reinvestment, purchase, sale and exchange transactions, showing the dates thereof, the prices paid and obtained, the names of the dealers and such other information as the board may consider advisable to reflect a true accounting of the investment activity of the state freeway fund and the state freeway construction fund.
(h) The pooled money investment board shall provide for an examination of the investment program annually. The examination shall include an evaluation of current investment policies and practices and of specific investments of the funds in relation to the standards and objectives set forth in subsection (a) and other criteria as may be appropriate, and recommendations relating to the investment policies and practices and to specific investments of the funds as are considered necessary or desirable.
History: L. 1972, ch. 252, § 10; L. 1975, ch. 404, § 5; L. 1975, ch. 427, § 233; L. 1976, ch. 297, § 2; L. 1987, ch. 295, § 7; L. 1989, ch. 48, § 89; July 1.
The foregoing sections of this act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws: Provided, however, That the issuance of highway bonds or highway refunding bonds under the provisions of this act need not comply with the requirements of any other law applicable to the issuance of bonds, notes or other obligations.
Except as otherwise expressly provided in this act, none of the powers granted to the secretary of transportation under the provisions of this act shall be subject to the supervision or regulation or require the approval or consent of any municipality or political subdivision or any commission, board, bureau, official or agency thereof or of the state.
History: L. 1972, ch. 252, § 11; L. 1975, ch. 427, § 234; August 15.
History: L. 1979, ch. 325, § 3; L. 1979, ch. 323, § 4; L. 1982, ch. 281, § 1; Repealed, L. 1989, ch. 209, § 65; July 1.
History: L. 1989, ch. 209, § 1; L. 1994, ch. 236, § 2; Repealed, L. 1999, ch. 137, § 42; July 1.
History: L. 1999, ch. 137, § 1; Repealed, L. 2010, ch. 156, § 38; June 3.
(a) In order to plan, develop and operate or coordinate the development and operation of the various modes and systems of transportation within the state, the secretary of transportation is hereby authorized and directed to initiate a transportation works for Kansas program.
(b) The transportation works for Kansas program shall provide for the construction, improvement, reconstruction and maintenance of the state highway system. The program shall provide for the selection of projects which will allow for the flexibility to meet emerging and economic needs. Program expenditures may include, but not be limited to, the following:
(1) Preservation projects to efficiently maintain a safe state highway system in its original or improved condition. It is the intent of the legislature that bridges and pavement condition of the state highway system be maintained or improved as determined by the Kansas department of transportation's performance measures;
(2) expansion and economic opportunity projects, which include additions to the transportation system or which improve access, relieve congestion and enhance economic development opportunities. The Kansas department of transportation shall develop and utilize criteria for the selection of expansion and economic opportunity projects, except for projects funded by build America bonds, no expansion and economic opportunity projects shall be selected prior to February 1, 2011. The selection criteria shall include, but not be limited to, engineering and traffic data, local consultation, geographic distribution and an economic impact analysis evaluation;
(3) modernization projects, which include improvements to the transportation system by widening lanes or shoulders, making geometric improvements, upgrading interchanges or building rail grade separations to improve the safety, condition or service of the highway system. The Kansas department of transportation shall develop and utilize criteria for the selection of modernization projects. The selection criteria shall include, but not be limited to, engineering data, local consultation and geographic distribution; and
(4) not more than one highway demonstration project for the purpose of evaluating the design-build concept which may include financing, design, construction and performance guarantee. Such demonstration project shall be conducted in Johnson or Wyandotte county. The secretary is authorized to procure such demonstration project in the same manner as engineering services are procured under K.S.A. 75-5801 et seq., and amendments thereto, and such demonstration project need not comply with the provisions of K.S.A. 68-410 or 75-430a, and amendments thereto, or any other applicable statute to the procurement of state highway construction contracts. The secretary of transportation shall provide a cost/benefit analysis of such demonstration project to the standing committees on transportation of the house of representatives and the senate on completion of such demonstration project.
The department of transportation shall develop criteria for the incorporation of practical improvements into designs of the projects specified in this subsection.
(c) The transportation works for Kansas program shall provide for assistance, including credit and credit enhancements, to cities and counties in meeting their responsibilities for the construction, improvement, reconstruction and maintenance of the roads and bridges not on the state highway system. These expenditures may include, but not be limited to, the following:
(1) Apportionment of the special city and county highway fund to assist cities and counties with their responsibilities for roads and bridges not on the state highway system;
(2) programs to share federal aid with cities and counties to assist with their responsibilities for roads and bridges not on the state highway system;
(3) programs to assist cities with the maintenance of city connecting links as specified in K.S.A. 68-416, and amendments thereto, and local partnership programs to resurface or geometrically improve city connecting links or to promote economic development;
(4) programs to assist cities and counties with railroad crossings of roads not on the state highway system; or
(5) programs that allow local governments to exchange federal aid funds for state funds.
(d) The transportation works for Kansas program shall provide for a railroad program to provide assistance in accordance with K.S.A. 75-5040 through 75-5050, and amendments thereto, for the preservation and revitalization of rail service in the state.
(e) The transportation works for Kansas program shall provide for an aviation program to provide assistance for the planning, constructing, reconstructing or rehabilitating the facilities of public use general aviation airports, in accordance with K.S.A. 75-5061, and amendments thereto.
(f) The transportation works for Kansas program shall provide for public transit programs to aid elderly persons, persons with disabilities and the general public, in accordance with K.S.A. 75-5032 through 75-5038, and amendments thereto, and K.S.A. 75-5051 through 75-5058, and amendments thereto.
(g) The transportation works for Kansas program shall provide for a multimodal economic development program to provide transportation improvement assistance for transportation-sensitive economic opportunities on a local or a regional basis.
(h) The secretary of transportation shall, using the department of transportation selection methods and criteria, determine the projects to be selected for inclusion under the transportation works for Kansas program.
History: L. 2010, ch. 156, § 1; June 3.
(a) In order to plan, develop and operate or coordinate the development and operation of the various modes and systems of transportation within the state, the secretary of transportation is hereby authorized and directed to initiate the Eisenhower legacy transportation program.
(b) (1) The Eisenhower legacy transportation program shall provide for the construction, improvement, reconstruction and maintenance of the state highway system. The program shall provide for the selection of projects that will allow for the flexibility to meet emerging and economic needs. Program expenditures may include, but may not be limited to, the following:
(A) Preservation projects to efficiently maintain a state highway system in its original or improved condition and in a state of good repair. The secretary shall establish targets for the state highway system condition that reflect the reasonable, realistic expectations that have historically existed in providing a safe and efficient state highway system. The secretary shall utilize reasonable, sound and accepted methods to determine the annual preservation investment needed to achieve the state targets and provide optimum cost effectiveness in keeping the long-term state highway system condition meeting such targets. It is the intent of the legislature that the secretary, prior to completion of the transportation program, shall spend or encumber from the state highway fund preservation projects in an amount equal to or exceeding 10 times the determined average annual preservation investment. The secretary shall manage cash-flow and project lettings such that there is reasonable assurance that preservation projects shall be fully funded each year. Pursuant to this subparagraph, preservation projects refer to maintenance, repairs or replacement of existing infrastructure. Federal funding from federal grants or federal stimulus may be used for preservation projects;
(B) preservation plus projects to efficiently maintain a state highway system and include additional safety or technology elements, or both, in the preservation project. Such additional elements may include, but may not be limited to, adding paved shoulders, adding passing lanes, adding traffic signals, adding intelligent transportation system elements or laying broadband fiber or the conduit for broadband fiber. It is the intent of the legislature that the secretary has the authority to enhance preservation plus projects with the addition of safety or technology improvements, or both. Federal funding from federal grants or federal stimulus may be used for preservation plus projects;
(C) expansion and economic opportunity projects, that include additions to the transportation system, or that improve access, relieve congestion and enhance economic development opportunities. The Kansas department of transportation shall develop and utilize criteria for the selection of expansion and economic opportunity projects. The selection criteria shall include, but shall not be limited to, engineering and traffic data, local consultation, geographic distribution and an economic impact analysis evaluation; and
(D) modernization projects that include improvements to the transportation system by widening lanes or shoulders, making geometric improvements, upgrading interchanges or building rail grade separations to improve the safety, condition or service of the highway system. The Kansas department of transportation shall develop and utilize criteria for the selection of modernization projects. The selection criteria shall include, but shall not be limited to, engineering data, local consultation and geographic distribution.
(2) The department of transportation shall develop criteria for the incorporation of practical improvements into designs of the projects specified in this subsection.
(c) (1) Except as further provided, the Eisenhower legacy transportation program shall provide for the completion of modernization and expansion projects selected for construction under the transportation works for Kansas program pursuant to K.S.A. 68-2314b, and amendments thereto. Such projects shall be let prior to July 1, 2023. The secretary shall let to construction contract at least one phase of each remaining transportation works for Kansas program project before any new modernization or expansion project, or both, under the Eisenhower legacy transportation program are let to construction. A transportation works for Kansas program selected project in Harvey county generally described as an approximate one-mile reconstruction of the I-135 and 36th street interchange may not be constructed. If such project is not constructed, the estimated construction costs for such project shall be used on other construction projects in the Kansas department of transportation's south-central district.
(2) Notwithstanding the provisions of paragraph (1), the secretary may let to construction at any time any modernization or expansion projects under the Eisenhower legacy transportation program that utilize federal stimulus funds regardless of whether transportation works for Kansas program projects, or any phase thereof, have been let. No moneys received from federal stimulus funds shall be expended pursuant to this paragraph unless the expenditure either has been approved by an appropriation or other act of the legislature or has been approved by the state finance council acting on this matter, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto.
(d) The Eisenhower legacy transportation program shall provide for assistance, including credit and credit enhancements, to cities and counties in meeting their responsibilities for the construction, improvement, reconstruction and maintenance of transportation improvements. Such programs may use criteria developed by the Kansas department of transportation for the incorporation of practical improvements into designs of projects. Expenditures under this subsection may include, but may not be limited to, the following:
(1) Apportionment of the special city and county highway fund to assist cities and counties with their responsibilities for roads and bridges not on the state highway system;
(2) programs to share federal aid with cities and counties to assist with their responsibilities for roads and bridges not on the state highway system;
(3) programs to assist cities with the maintenance of city connecting links as specified in K.S.A. 68-416, and amendments thereto, and local partnership programs to resurface or geometrically improve city connecting links or to promote economic development;
(4) programs similar to the Kansas department of transportation's local bridge improvement program to aid local public authorities in replacing or repairing bridges not on the state highway system;
(5) programs to assist cities and counties with railroad crossings of roads not on the state highway system; or
(6) programs that allow local governments to exchange federal aid funds for state funds.
(e) The Eisenhower legacy transportation program shall provide for a railroad program to provide assistance in accordance with K.S.A. 75-5040 through 75-5050, and amendments thereto, for the preservation and revitalization of rail service in the state.
(f) The Eisenhower legacy transportation program shall provide for an aviation program to provide assistance for the planning, constructing, reconstructing or rehabilitating the facilities of public use general aviation airports, in accordance with K.S.A. 75-5061, and amendments thereto.
(g) The Eisenhower legacy transportation program shall provide for public transit programs to aid elderly persons, persons with disabilities and the general public, in accordance with K.S.A. 75-5032 through 75-5038 and 75-5051 through 75-5058, and amendments thereto.
(h) The Eisenhower legacy transportation program shall provide for a transportation technology program to provide for multimodal transportation-related projects that support innovative technology, in accordance with K.S.A. 2025 Supp. 75-5093, and amendments thereto.
(i) The Eisenhower legacy transportation program shall provide for a multimodal program to provide transportation improvement assistance for bike facilities, pedestrian facilities or other transportation-sensitive economic opportunities on a local or a regional basis.
(j) The Eisenhower legacy transportation program shall allow the secretary to award certain state highway system projects using alternative delivery procurement methods, other than an award of a design-bid-build, as provided for in K.S.A. 2025 Supp. 68-2332, and amendments thereto.
(k) The Eisenhower legacy transportation program shall provide for a broadband infrastructure construction program, in accordance with K.S.A. 2025 Supp. 75-5094, and amendments thereto.
(l) (1) State highway fund revenues that include, but are not limited to, motor fuel taxes, vehicle registrations, sales and compensating use taxes and eligible federal aid shall be used in the following order of priority:
(A) To pay bond covenant obligations;
(B) to pay for agency operations;
(C) to make city connecting link payments authorized under K.S.A. 68-416, and amendments thereto; and
(D) to pay for needed preservation projects as set forth in subsection (b)(1).
(2) Any such revenues not spent pursuant to subsection (l)(1)(A) through (D) may be used for other purposes and authority given to the secretary.
(3) All new bonds issued for the purposes of the Eisenhower legacy transportation program shall be paid using all state highway fund revenue, including revenue collected or received pursuant to K.S.A. 79-3620(c) and 79-3710(c), and amendments thereto.
(m) (1) The secretary shall, using the Kansas department of transportation selection methods and criteria, determine the projects to be selected for inclusion under the Eisenhower legacy transportation program. Consideration may be given to additional criteria that may include projects that:
(A) Remove transportation infrastructure from the state highway system;
(B) identify priority corridors;
(C) include local monetary participation; or
(D) reduce project size.
(2) (A) It is the intent of the legislature that the secretary shall develop a metric-driven process that determines a reasonable and fair minimum amount of state highway fund moneys to be spent on new modernization and expansion projects in each of the Kansas department of transportation's districts over the duration of the Eisenhower legacy transportation program.
(B) The process for determining the minimum amount of modernization and expansion project moneys shall be subject to the following:
(i) Adding together the minimum moneys set for each of the Kansas department of transportation's districts pursuant to paragraph (2)(A), the total shall be at least 50% of the estimated cost of constructing all modernization and expansion projects let to contract in the Eisenhower legacy transportation program.
(ii) If the estimated cost of constructing all modernization and expansion projects in the Eisenhower legacy transportation program increases or decreases by more than 10%, then the minimum amount will be adjusted accordingly while still satisfying paragraph (2)(B)(i).
(iii) For each of the Kansas department of transportation's districts, at least 40% of the minimum amounts determined in paragraph (2)(A), or adjusted amounts according to paragraph (2)(B)(ii), shall be let to construction contract by the end of year five of the Eisenhower legacy transportation program, and 100% of the minimum amounts determined in paragraph (2)(A), or adjusted amounts according to paragraph (2)(B)(ii), shall be let to construction contract by year 10 of the Eisenhower legacy transportation program.
(iv) Any modernization or expansion projects remaining from the transportation works for Kansas program pursuant to K.S.A. 68-2314b, and amendments thereto, shall not be considered when determining the minimum amounts in paragraph (2)(A) or (2)(B)(i).
(3) The secretary shall select projects for development every two years. The secretary shall select projects for construction every two years. The secretary is not required to construct every project selected for development. The selection of projects for development and construction shall take place every two years, after consultation with local jurisdictions.
(n) It is the intent of the legislature that the secretary take the actions necessary to have transportation improvement projects ready to let to construction as cash-flow management allows.
(o) The secretary, prior to June 30, 2030, shall develop a long-range transportation plan that examines, but is not limited to, transportation policy, project selection criteria and selection methods used in the Eisenhower legacy transportation program, transportation funding sources and Eisenhower legacy transportation program project categories. The long-range transportation plan shall make recommendations for a new transportation program for the state of Kansas. The long-range transportation plan shall be developed after consultation with the governor of the state of Kansas and state and local elected officials.
History: L. 2020, ch. 8, § 1; L. 2021, ch. 66, § 1; July 1.
(a) Annually, prior to the 10th day of each regular session of the legislature, the secretary of transportation shall submit a written report to the governor and each member of the legislature providing:
(1) Summary financial information and a statement of assurance that the department of transportation has prepared a comprehensive financial report of all funds for the preceding year which includes a report by independent public accountants attesting that the financial statements present fairly the financial position of the Kansas department of transportation in conformity with generally accepted accounting principles and a notification that the complete comprehensive financial report, including the auditor's report is available upon request;
(2) for the report due in 2021, a detailed explanation of the methods or criteria employed in the selection of transportation projects under K.S.A. 68-2314b(b), and amendments thereto, and in the awarding of assistance to cities, counties or other transportation providers;
(3) a detailed explanation of the methods or criteria employed in the selection of transportation projects under K.S.A. 2025 Supp. 68-2314c(b) and (d)(1) through (d)(6), and amendments thereto, and in the awarding of assistance to cities, counties or other transportation providers, including an explanation of the amounts expended and projects selected for construction, projects selected for development and when and where the next local consults are to take place;
(4) anticipated annual payouts of construction projects already under contract and any proposed construction projects for the next three fiscal years. Such payouts shall be listed separately for those payouts for preservation projects from payouts for modernization and expansion projects;
(5) proposed construction projects to be let to contract in the current fiscal year and anticipated breakdown of anticipated annual payouts for the next three fiscal years for those projects;
(6) a detailed breakdown of anticipated annual expenditures for the next three fiscal years on remaining agency debt service, programs and operations;
(7) annual expenditures from paragraphs (4) through (6);
(8) a comparison of annual revenue expected into the state highway fund, including state highway fund ending balance carryovers, for the next three fiscal years;
(9) for any construction project let in the Eisenhower legacy transportation program that is more than $5,000,000, an explanation of all initial bids submitted for such project and the actual final cost of construction for such project;
(10) all revenue available for the state highway fund, including, but not limited to, the state highway fund balance from the previous year, motor fuel taxes, registration fees, sales and compensating use taxes and bond proceeds;
(11) all committed expenditures identified by the program, including, but not limited to, debt service payments, agency operations, aviation, transit, rail, cost-share, innovative technology, local bridge, project development costs by category, including, but not limited to, right-of-way purchases, engineering and utility relocation costs and construction payouts by program category, including, but not limited to, preservation, modernization and expansion;
(12) a report of remaining outstanding projects that have been let but have not been paid out and how those projects have been identified to achieve state highway system condition targets. If such targets are not achieved with current projects or identified future projects, a report on additional funding necessary to achieve state highway system condition targets;
(13) information concerning the operation and financial condition of the transportation revolving fund;
(14) the annual allocation and expenditure of moneys from the coordinated public transportation assistance fund under K.S.A. 75-5035, and amendments thereto;
(15) the annual allocation and expenditure of moneys from the rail service improvement fund under K.S.A. 75-5048, and amendments thereto, including specific information relating to any grants or loans made under such program;
(16) the annual allocation and expenditure of moneys from the public use general aviation airport development fund under K.S.A. 75-5061, and amendments thereto, including specific information relating to grants made under such program;
(17) the annual allocation and expenditure of moneys from the transportation technology development fund under K.S.A. 2025 Supp. 75-5093, and amendments thereto, including specific information relating to grants made pursuant to K.S.A. 2025 Supp. 75-5093, and amendments thereto;
(18) the annual allocation and expenditure of moneys from the broadband infrastructure construction grant fund under K.S.A. 2025 Supp. 75-5094, and amendments thereto, including specific information relating to grants made pursuant to K.S.A. 2025 Supp. 75-5094, and amendments thereto;
(19) information concerning funding shifts between the state highway fund and the funds specified in subsections (a)(14) through (a)(17);
(20) for the report due in 2021, specific recommendations for any statutory changes necessary for the successful completion of the transportation program specified in K.S.A. 68-2314b, and amendments thereto, or efficient and effective operation of the Kansas department of transportation;
(21) specific recommendations for any statutory changes necessary for the successful completion of the transportation program specified in K.S.A. 2025 Supp. 68-2314c, and amendments thereto, or efficient and effective operation of the Kansas department of transportation;
(22) information concerning the condition and performance of the state highway system; and
(23) an explanation of any material changes from the previous annual report.
(b) In addition to the governor and each member of the legislature, the secretary shall post the report on the official internet page for the Kansas department of transportation and shall provide notice of the online posting to all persons or entities requesting such notice. Persons or entities requesting notice shall provide the secretary an email address via the Kansas department of transportation's official internet page.
History: L. 1989, ch. 209, § 2; L. 1999, ch. 137, § 14; L. 2006, ch. 108, § 1; L. 2010, ch. 156, § 23; L. 2020, ch. 8, § 8; July 1.
(a) For the period beginning July 1, 2010, through June 30, 2020, the secretary of transportation shall expend or commit to expend, from the revenue provided under the provisions of the transportation works for Kansas program, at least $8,000,000 for projects or programs authorized under K.S.A. 68-2314b, and amendments thereto, in each county of the state.
(b) For the period beginning July 1, 2020, through June 30, 2030, the secretary shall expend or commit to expend, from the revenue provided under the provisions of the Eisenhower legacy transportation program, at least $8,000,000 for projects or programs authorized under K.S.A. 2025 Supp. 68-2314c, and amendments thereto, in each county of the state.
History: L. 1989, ch. 209, § 3; L. 1999, ch. 137, § 15; L. 2010, ch. 156, § 24; L. 2020, ch. 8, § 9; July 1.
(a) Contracts entered into by the secretary of transportation for nonfederal aid state-funded projects shall be based on bid specifications prescribing that employees of any contractor or subcontractor shall be paid in accordance with prevailing wages determined in accordance with wage areas, job classifications and wage rates determined under the federal Davis-Bacon act.
(b) Employees employed by contractors or subcontractors in the execution of nonfederal aid state-funded highway project contracts with the state of Kansas entered into by the secretary of transportation shall be paid at least the prevailing wage as determined in subsection (a).
(c) The secretary of transportation shall administer the provisions of this section.
History: L. 1989, ch. 209, § 4; July 1.
History: L. 1989, ch. 209, § 5; Repealed, L. 1999, ch. 137, § 42; July 1.
The following words or terms used in this act shall have the following meanings unless a different meaning clearly appears from the context:
(a) "Bonds" means any bonds, notes or other evidences of indebtedness, including book-entry-only, whether or not the interest on such bonds is subject to federal income taxation, issued pursuant to the authority of this act.
(b) "Secretary" means the secretary of transportation.
(c) "Book-entry-only" means a system of electronic clearance, settlement and transfer of security ownership without the use of securities certificates.
History: L. 1989, ch. 209, § 6; July 1.
(a) On and after July 1, 1991, the secretary of transportation is hereby authorized and empowered to issue bonds of the state of Kansas, payable solely from revenues accruing to the state highway fund and transferred to the highway bond debt service fund and pledged to their payment, for the purpose of providing funds to pay costs relating to construction, reconstruction, maintenance or improvement of highways in this state and to pay all expenses incidental thereto and to the bonds. The secretary is hereby authorized to issue bonds the total principal amount of which shall not exceed $890,000,000.
(b) In addition to the provisions of subsection (a), on and after July 1, 1999, the secretary of transportation is hereby authorized and empowered to issue bonds of the state of Kansas, payable solely from revenues accruing to the state highway fund and transferred to the highway bond debt service fund and pledged to their payment, for the purpose of providing funds to pay costs relating to construction, reconstruction, maintenance or improvement of highways in this state and to pay all expenses incidental thereto and to the bonds. The secretary is hereby authorized to issue bonds the total principal amount of which shall not exceed $1,272,000,000.
(c) (1) In addition to the provisions of subsections (a) and (b), on and after July 1, 2010, the secretary of transportation is hereby authorized and empowered to issue additional bonds of the state of Kansas, payable solely from revenues accruing to the state highway fund and transferred to the highway bond debt service fund and pledged to their payment, for the purpose of providing funds to pay costs relating to construction, reconstruction, maintenance or improvement of highways in this state and to pay all expenses incidental thereto and to the bonds. On and after the effective date of this act, except as provided further, no bonds shall be issued by the secretary pursuant to this subsection unless the secretary certifies that, as of the date of issuance of any such series of additional bonds, the maximum annual debt service on all outstanding bonds issued pursuant to this section and K.S.A. 68-2328, and amendments thereto, including the bonds to be issued on such date, will not exceed 18% of projected state highway fund revenues for the current or any future fiscal year. During the fiscal year ending June 30, 2018, and the fiscal year ending June 30, 2019, the limitation on the amount of the maximum total amount of principal on all outstanding bonds issued pursuant to this subsection and K.S.A. 68-2328, and amendments thereto, for the purpose of issuing any such series of additional bonds authorized by the secretary shall be $1,700,000,000 of the total principal for the transportation works for Kansas program authorized under K.S.A. 68-2314b et seq., and amendments thereto. The provisions of this section relating to limitations of bonded indebtedness shall not in any way impair the rights and remedies of the holders of any bonds issued prior to the effective date of this act.
(2) As used in this subsection:
(A) "Maximum annual debt service" means the maximum amount of debt service requirements on all outstanding bonds for the current or any future fiscal year;
(B) "debt service requirements" means, for each fiscal year, the aggregate principal and interest payments required to be made during such fiscal year on all outstanding bonds, including the additional bonds to be issued, less any interest subsidy payments expected to be received from the federal government, less any principal and interest payments irrevocably provided for from a dedicated escrow of United States government securities;
(C) "projected state highway fund revenues" means all revenues projected by the secretary of transportation to accrue to the state highway fund for the current or any future fiscal year; and
(D) "fiscal year" means the fiscal year of the state.
(3) Debt service requirements for variable rate bonds outstanding or proposed to be issued for the current or any future fiscal year for which the actual interest rate cannot be determined on the date of calculation shall be deemed to bear interest at an assumed rate equal to the average of the SIFMA swap index, or any successor variable rate index, for the immediately preceding five calendar years plus 1% and an amount determined by the secretary that represents the then current reasonable annual ancillary costs associated with variable rate debt, including credit enhancement, liquidity and remarketing costs; except that, debt service requirements for variable rate bonds that are hedged pursuant to an interest rate exchange or similar agreement that results in synthetic fixed rate debt shall be deemed to bear interest at the synthetic fixed rate plus .5% and an amount determined by the secretary that represents the then current reasonable annual ancillary costs associated with variable rate debt, including credit enhancement, liquidity and remarketing costs.
(4) Projected state highway fund revenues for the current or any future fiscal year for which the actual revenues cannot be determined on the date of calculation shall be deemed to be the actual revenues for the most recently completed fiscal year, adjusted to take into account any increases or decreases in the statutory rates of any taxes or other charges that comprise a portion of the revenues.
(d) In accordance with procurement statutes, the secretary may contract with financial advisors, attorneys and such other professional services as the secretary deems necessary to carry out the provisions of this act, and to do all things necessary or convenient to carry out the powers expressly granted in this act.
History: L. 1989, ch. 209, § 7; L. 1999, ch. 137, § 16; L. 2001, ch. 182, § 1; L. 2010, ch. 156, § 25; L. 2015, ch. 104, § 236; L. 2016, ch. 12, § 105; L. 2017, ch. 104, § 231; L. 2021, ch. 66, § 2; July 1.
(a) Bonds issued shall be authorized by resolution of the secretary. The secretary shall determine the form and manner of the execution of the bonds and the bonds may be made exchangeable for bonds of another denomination or in another form. The bonds shall be dated. Bonds issued under subsections (a) and (b) of K.S.A. 68-2320, and amendments thereto, shall mature not more than 20 years from their date. Bonds issued under subsection (c) of K.S.A. 68-2320, and amendments thereto, shall mature not more than 20 years from their date, except that bonds issued under subsection (c) of K.S.A. 68-2320, and amendments thereto, the interest on which is eligible for subsidy by the federal government, shall mature not more than 25 years from their date. Bonds issued for the purpose of refunding bonds under K.S.A. 68-2328, and amendments thereto, shall mature not more than 20 years from their date. The bonds may be in such form and denominations, may bear interest payable at such times and at such rate or rates, may be payable at such places within or without the state, may be subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions, all as the secretary shall determine. The bonds shall have all the qualities of and shall be deemed to be negotiable instruments under the laws of the state of Kansas. The authorizing resolution may contain any other terms, covenants and conditions that the secretary deems reasonable and desirable.
(b) The proceeds from the sale of the bonds authorized to be issued under this section are deemed to be trust funds which shall be deposited in the custody of the state treasurer in the highway bond proceeds fund which is hereby created. The secretary shall have responsibility for the management and control of the highway bond proceeds fund and shall provide, by resolution, for both amounts and the duration of investments of moneys in such fund. Such resolution may recommend investment and reporting policies, including acceptable levels of return, risk and security. After consultation with the secretary and subject to the terms, covenants and conditions provided in the resolutions providing for the issuance of such bonds, the director of investments shall have the authority to invest and reinvest moneys in such fund and to acquire, retain, manage, including the exercise of any voting rights, and dispose of investments of such fund. In investing or reinvesting moneys in such fund, there shall be exercised the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital, except that moneys of the fund may not be invested in common stocks. Notwithstanding anything to the contrary, all interest or other income of the investments, after payment of any management fees, of the highway bond proceeds fund shall be credited to the highway bond debt service fund, until payments on bonds authorized by this act and interest thereon has been fully funded. Thereafter, earnings and other income shall be credited to the state highway fund.
(c) The authorizing resolution may provide for the execution of a trust indenture. The trust indenture may contain any terms, covenants and conditions that are deemed desirable by the secretary, including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of any security for payment of the bonds, the custody and application of the proceeds of the bonds, the collection and disposition of bond proceeds and earnings thereon, the investing for authorized purposes, and the rights, duties and obligations of the secretary and the holders and registered owners of the bonds.
(d) Any authorizing resolution and trust indenture relating to the issuance and security of the bonds may set forth covenants, agreements and obligations therein, which may be enforced by mandamus or other appropriate proceeding at law or in equity.
(e) The bonds may be issued under the provisions of this act without obtaining the consent of any department, division, commission, board, bureau or agency of the state and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this act.
History: L. 1989, ch. 209, § 8; L. 1996, ch. 254, § 12; L. 1999, ch. 137, § 17; L. 2010, ch. 156, § 26; June 3.
(a) All bonds authorized to be issued by the secretary under this act may be sold upon such terms as the secretary shall determine to be reasonable and expedient for effectuating the purposes of this act. The bonds may be sold at such price as the secretary may accept, including sale at discount.
(b) The bonds, except when issued as book-entry-only, shall be executed by manual or facsimile signature of the secretary. In case any officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of such bonds or coupons, their signatures, nevertheless, shall be valid and sufficient for all purposes. The secretary shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be impressed or imprinted with the seal of the secretary.
(c) Bonds issued under the provisions of this act shall not be deemed to constitute an indebtedness of the state of Kansas or indebtedness for which the faith and credit or taxing powers of the state of Kansas are pledged. It shall be plainly stated on the face of each bond, except when issued as book-entry-only, that it has been issued under this act, that the bonds shall be obligations only of the state highway fund, and that, in no event, shall the bonds constitute an indebtedness of the state of Kansas or an indebtedness for which the faith and credit or taxing powers of the state of Kansas are pledged.
History: L. 1989, ch. 209, § 9; July 1.
The secretary is hereby authorized and empowered to use the proceeds of any bonds herein authorized, together with any other available funds, for paying the costs relating to construction, reconstruction, maintenance and improvement of highways in this state and expenses incidental thereto and for paying expenses of authorizing and issuing the bonds, for paying the interest on the bonds until revenues therefor are available in sufficient amounts, for purchasing bond insurance and other credit enhancements on the bonds, and for funding such reserves as the secretary deems necessary and desirable.
History: L. 1989, ch. 209, § 10; July 1.
Subject to appropriations acts, the secretary shall have responsibility for the management of the state highway fund and shall provide, by resolution, for amounts and duration of investments and reinvestments of moneys in such fund. The resolution may recommend investment and reporting policies, including acceptable levels of return, risk and security. After consultation with the secretary, the director of investments shall have the authority to invest and reinvest moneys in such fund and to acquire, retain, manage, including the exercise of any voting rights, and dispose of investments of such fund. In investing or reinvesting moneys in such fund, there shall be exercised the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital, except that moneys in such fund may not be invested in common stock.
Notwithstanding anything to the contrary, all interest or other income of the investments, after payment of any management fees, shall be considered income of the state highway fund.
History: L. 1989, ch. 209, § 11; L. 1996, ch. 254, § 13; May 23.
There is hereby established in the state treasury the highway bond debt service fund. Moneys in the highway bond debt service fund may be invested in the same manner as prescribed in subsection (b) of K.S.A. 68-2321. The secretary is hereby authorized and empowered, in the manner prescribed by law, to transfer from the state highway fund to the highway bond debt service fund, upon duly executed order or voucher of the secretary to the state director of accounts and reports, such amounts as shall be required for paying the interest on all bonds and refunding bonds issued by the secretary under this act; for retiring such bonds by their maturity or maturities; for creating reserves for such purposes; for paying the premium, if any, on a specified aggregate principal amount of such bonds or refunding bonds which would be payable in such year if such principal amount of bonds or refunding bonds were to be redeemed prior to their maturity or maturities; for doing any of the acts authorized in K.S.A. 68-2323; and for paying any administrative or other expenses incurred in carrying out the powers granted by this act.
The transfers to be made in any year pursuant to the provisions of this section from the state highway fund shall be a first lien and claim on the state highway fund.
When the principal, redemption premium, if any, and interest on any and all bonds issued pursuant to this act have either been paid or the lien of such bonds shall have been defeased in accordance with their terms so that such bonds are deemed to have been paid, then any and all moneys held in the highway bond debt service fund may be transferred by the secretary to the state highway fund.
The secretary is hereby authorized and empowered, in the manner prescribed by law, to expend from the highway bond debt service fund, upon duly executed order or voucher of the secretary to the state director of accounts and reports, such amounts as shall be required for the payment of debt service on bonds issued pursuant to this act.
History: L. 1989, ch. 209, § 12; July 1.
The exercise of the powers granted by this act will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity and for the improvement of their health and living conditions; and as construction, improvement, replacement and maintenance of highway projects in the state will constitute the performance of essential governmental functions, all bonds and other debt instruments issued pursuant to the provisions of this act, and all income or interest therefrom, at all times shall be exempt from all taxes within the state.
History: L. 1989, ch. 209, § 13; July 1.
Subject to the provisions of subsection (b) of K.S.A. 68-2321, the secretary may create and establish one or more special accounts as appropriate to secure bonds issued hereunder, as determined by the secretary.
History: L. 1989, ch. 209, § 14; July 1.
(a) Bonds may be issued for the purpose of refunding, either at maturity or in advance of maturity, any bonds issued under this act, any interest on such bonds or both bonds and the interest thereof. Such refunding bonds may either be sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may either be applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the secretary and the authorizing resolution or trust indenture securing such refunding bonds. The authorizing resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same security for their payment as provided for the bonds being refunded. Refunding bonds shall be sold and secured in accordance with the provisions of this act pertaining to the sale and security of the bonds. Any bonds that have been issued pursuant to this section shall not be counted toward the limit on the aggregate principal amount of bonds established under K.S.A. 68-2320(a) and (b), and amendments thereto, and such bonds shall not be subject to the limitations on the issuance of bonds established under K.S.A. 68-2320(c), and amendments thereto.
(b) When all bonds issued under article 23 of chapter 68 of the Kansas Statutes Annotated, and amendments thereto, have either been paid or the lien of such bonds shall have been defeased in accordance with their terms so that the bonds are deemed to have been paid, the secretary of transportation shall certify such facts to the director of accounts and reports and upon receipt of such certification the director of accounts and reports shall transfer all moneys in the state freeway fund to the state highway fund and upon such transfer all liabilities of the state freeway fund are hereby transferred to and imposed upon the state highway fund and the state freeway fund is hereby abolished. Upon the abolition of the state freeway fund, any reference to the state freeway fund or any designation thereof, in any statute, contract or other document shall mean the state highway fund.
History: L. 1989, ch. 209, § 15; L. 2010, ch. 156, § 27; L. 2021, ch. 66, § 3; July 1.
K.S.A. 68-2319 through 68-2328 shall be liberally construed. Nothing contained herein shall be construed as a restriction or limitation upon any powers which the secretary might otherwise have under any other law of this state, and the provisions of the foregoing are cumulative to such powers. The foregoing provisions shall be construed to provide a complete, additional and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to powers conferred by any other laws. The issuance of bonds under the provisions hereof and the investment of proceeds therefrom need not comply with the requirements of any other state laws applicable to the issuance of bonds, notes and other obligations.
History: L. 1989, ch. 209, § 16; July 1.
The bonds issued by the secretary of transportation under the provisions of this act are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, savings and loan associations, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may be hereafter authorized by law.
History: L. 1989, ch. 209, § 17; July 1.
(a) For the purpose of financing a portion of the comprehensive transportation program, the Kansas development finance authority is hereby authorized to issue one or more series of revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in an amount necessary to provide a deposit or deposits in a total amount not to exceed $150,000,000 to the state highway fund plus amounts necessary to pay the costs of issuance of the bonds, including any credit enhancement, and provide any required reserves for the bonds. The principal amount, interest rates and final maturity of such revenue bonds and any bonds issued to refund such bonds or parameters for such principal amount, interest rates and final maturity shall be approved by the secretary of transportation and by a resolution of the state finance council. The bonds, and interest thereon, issued pursuant to this section shall be payable from moneys appropriated by the state for such purpose. The bonds and interest thereon, issued pursuant to this section shall be obligations only of the authority and in no event shall such bonds constitute an indebtedness or obligation of the Kansas department of transportation or an indebtedness or obligation for which the faith and credit or any assets of the Kansas department of transportation are pledged.
(b) (1) The authority may pledge the contract or contracts authorized in subsection (c), or any part thereof, for the payment or redemption of the bonds, and covenant as to the use and disposition of money available to the authority for payments of the bonds. The authority is authorized to enter into any agreements necessary or desirable to effectuate the purposes of this section.
(2) The proceeds from the sale of the bonds, other than refunding bonds, issued pursuant to this section, after payment of any costs related to the issuance of such bonds, shall be paid by the authority to the Kansas department of transportation to be applied to the payment, in full or in part, of the construction projects authorized by the comprehensive transportation program.
(3) The state hereby pledges and covenants with the holders of any bonds issued pursuant to the provisions of this section, that it will not limit or alter the rights or powers vested in the authority by this section, nor limit or alter the rights or powers of the authority, the department of administration or the Kansas department of transportation, in any manner which would jeopardize the interest of the holders or any trustee of such holders or inhibit or prevent performance or fulfillment by the authority, the department of administration or the Kansas department of transportation with respect to the terms of any agreement made with the holders of the bonds or agreements made pursuant to this section, except that the failure of the legislature to appropriate moneys for any purpose shall not be deemed a violation of this pledge and covenant. The department of administration is hereby specifically authorized to include this pledge and covenant in any agreement with the authority. The authority is hereby specifically authorized to include this pledge and covenant in any bond resolution, trust indenture or agreement for the benefit of holders of the bonds.
(4) Revenue bonds may be issued pursuant to this section without obtaining the consent of any department, division, commission, board or agency of the state, other than the approvals of the state finance council required by this section, and without any other proceedings or the occurrence of any other conditions or other things other than those proceedings, conditions or things which are specifically required by the Kansas development finance authority act.
(c) The department of administration and the authority are authorized to enter into one or more contracts to implement the payment arrangement that is provided for in this section. The contract or contracts shall provide for payment of the amounts required to be paid pursuant to this section and shall set forth the procedure for the transfer of moneys for the purpose of paying such moneys. The contract or contracts shall contain such terms and conditions including principal amount, interest rates and final maturity as shall be approved by resolution of the state finance council and shall include, but not be limited to, terms and conditions necessary or desirable to provide for repayment of and to secure any bonds of the authority issued pursuant to this section.
(d) In addition to the bonds authorized under subsection (a), if the incremental increases in the amount of federal funds estimated to be available to fund the comprehensive transportation program projects for state fiscal years 2005 through 2009 by the congressional reauthorization of the federal highway program are less than the anticipated federal receipts, the Kansas development finance authority is authorized to issue one or more series of revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto. Such bonds shall be in an amount necessary to provide a deposit or deposits in a total amount not to exceed the lesser of the federal shortfall or $60,000,000 to the state highway fund. The purpose of such bonds shall be to off-set shortfalls in anticipated federal receipts. The issuance of such bonds shall be approved by resolution of the state finance council and shall be issued in accordance with the provisions of this section.
No bonds shall be issued pursuant to this subsection prior to the review and recommendation to the state finance council of such issuance by the legislative budget committee.
(e) The approvals by the state finance council required by subsection (a), (c) and (d) are hereby characterized as matters of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto. Such approvals may be given by the state finance council when the legislature is in session.
(f) Except for bonds authorized under subsection (d), no bonds shall be issued pursuant to this section prior to the review of and recommendation to the state finance council of such issuance by the standing committees on transportation of the house of representatives and the senate.
History: L. 2004, ch. 90, § 1; L. 2010, ch. 156, § 28; June 3.
(a) The Eisenhower legacy transportation program shall allow the secretary of transportation to award certain state highway system projects using alternative delivery procurement methods other than award of a design-bid-build contract to the lowest bidder as provided in K.S.A. 68-410, and amendments thereto, subject to the following:
(1) Projects selected for alternative delivery shall not include preservation projects as described in K.S.A. 2025 Supp. 68-2314c, and amendments thereto;
(2) alternative delivery may be used on three projects utilizing toll revenues for construction and maintenance of the project. One project utilizing toll revenues may be let to construction once every three years;
(3) not more than 3% of dollars spent in the Eisenhower legacy transportation program shall be used on alternative delivery. An additional 2% of dollars spent in the Eisenhower legacy transportation program shall be available for use on alternative delivery starting in fiscal year 2023. The dollar value of the three projects utilizing toll revenues referenced in paragraph (2) and projects obtained through federal grants or federal stimulus shall not be considered in determining the limits set forth in this paragraph; and
(4) any project utilizing alternative delivery shall equal or exceed $10,000,000 in costs.
(b) In addition to the requirements in subsection (a), alternative delivery projects in the Eisenhower legacy transportation program shall be subject to the following requirements and restrictions:
(1) Procurement methods for transportation alternative delivery projects may provide for a single contract or multiple contracts that include, but are not limited to, services for preconstruction, design, construction, construction management, maintenance, operation, financing or a combination thereof;
(2) the Kansas department of transportation shall develop and utilize criteria for selecting whether alternative delivery or design-bid-build procurement process is in the best interest of the state. No project will be selected for alternative delivery without having been evaluated under the selection criteria established by the department. The selection criteria shall include, but not be limited to, the need for accelerated schedule, safety needs, project complexity, opportunity for innovation and economic development; and
(3) the Kansas department of transportation shall develop and utilize procedures for advertising proposals, receiving proposals, evaluating proposals, awarding contracts and administering contracts in its alternative delivery procurement program, and the procurement procedures in K.S.A. 68-408 through 68-410, 75-430a and 75-5804 through 75-5807, and amendments thereto, shall not apply to transportation alternative delivery projects.
(c) Notwithstanding any requirements set forth in subsections (b) or (c), the alternative delivery procedures shall include:
(1) A two-phase best value competitive selection or contracting process in which the first phase consists of short listing no more than four proposers based on qualifications identified in the request for qualifications and the second phase consists of the submission of price or technical proposals, or both, in response to a request for proposal;
(2) advertisement of requests for qualifications in the Kansas register for at least three consecutive weeks;
(3) prequalification of contractors performing construction and of firms performing professional technical services by the secretary in accordance with existing state statutes, regulations, and department procedures governing prequalification and licensing;
(4) a bond for performance and payment or alternative security guaranteeing contract performance and payment obligations for supplies, materials and labor furnished for the alternative delivery project; and
(5) a requirement that firms and key personnel identified in the qualifications phase and scored to determine the shortlist may not be replaced during the alternative delivery project without the Kansas department of transportation's written approval.
(d) Notwithstanding any other provision of law to the contrary, a contracting entity selected for an alternative delivery project shall not be in violation of K.S.A. 74-7001 et seq., and amendments thereto, and the contract entered into by such contractor shall not be void if such contractor obtains the professional services by subcontracting with an entity or entities duly licensed or holding a certificate of authorization to perform professional services in accordance with K.S.A. 74-7001 et seq., and amendments thereto.
(e) Notwithstanding the provisions of K.S.A. 68-419a, and amendments thereto, a contracting entity selected for an alternative delivery project that is responsible for preparing or furnishing design plans and specifications, through its own organization or by subcontracting as provided in subsection (d), shall be liable for damages arising out of design defects in such plans and specifications resulting in injury to persons or damage to property, occurring after completion of the contract and acceptance thereof by the Kansas department of transportation, if and to the extent such injury or damage arises out of a failure to exercise the degree of learning and skill ordinarily possessed by a reputable contractor or by a technical professional practicing in Kansas in the same or similar locality and under similar circumstances. Nothing contained in this subsection shall be construed as abrogating, limiting or otherwise affecting any cause of action accruing to the state or any agency or instrumentality thereof that was a party to such contract.
History: L. 2020, ch. 8, § 4; L. 2021, ch. 66, § 4; July 1.
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