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chapter-15•Chapter 15 — Cities of the Third Class
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
All municipal corporations of the territory or state of Kansas, heretofore organized as cities, towns, or villages, containing not more than two thousand inhabitants (and not heretofore organized as cities of the second class), including cities of the third class organized in accordance with the provisions of the act of which this is amendatory, and including also all unincorporated towns (without regard to their population) which may now or hereafter be constituted a county seat of any county, shall be cities of the third class, and shall be governed by the provisions of this act; and all rights and privileges accrued under and by virtue of, or provided by, any act of the legislature of the territory or of the state of Kansas, before the day on which this act shall take effect, to any such municipal corporation, are hereby confirmed and preserved to such corporation, and the citizens thereof, respectively.
History: L. 1871, ch. 60, § 1; L. 1886, ch. 66, § 1; L. 1917, ch. 114, § 1; May 26; R.S. 1923, § 15-101.
History: L. 1871, ch. 60, § 2; L. 1872, ch. 102, § 1; L. 1886, ch. 66, § 2; L. 1905, ch. 123, § 1; L. 1923, ch. 101, § 1; R.S. 1923, § 15-102; L. 1929, ch. 134, § 1; L. 1951, ch. 187, § 1; Repealed, L. 1963, ch. 509, § 12; June 30.
History: L. 1871, ch. 60, § 3; L. 1886, ch. 66, § 3; R.S. 1923, § 15-103; Repealed, L. 1968, ch. 274, § 50; April 30.
Cities regulated and governed by this act shall be and remain a part of the corporate limits of the townships in which the same are situated.
History: L. 1905, ch. 126, § 1; R.S. 1923, § 15-104; L. 1968, ch. 274, § 42; April 30.
The council of each city governed by this act shall consist of five members. The population of the city shall be ascertained, when necessary, by a census taken under an ordinance of the city.
History: L. 1871, ch. 60, § 15; April 3; R.S. 1923, § 15-105.
Regular meetings of the council shall be held at such times, not less than once each month, as shall be prescribed by ordinance. Special meetings may be called by the mayor or acting mayor, on written request of any three members of the council, specifying the object and purpose of such meeting, which request shall be read at the meeting and entered at length on the journal. In all cases it shall require a majority of the councilmen elect to constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the council, by ordinance, may have previously prescribed.
History: L. 1871, ch. 60, § 16; April 3; R.S. 1923, § 15-106.
History: L. 1927, ch. 144, § 1; Repealed, L. 1959, ch. 64, § 17; June 30.
History: L. 1871, ch. 60, § 18; L. 1883, ch. 37, § 1; R.S. 1923, § 15-108; Repealed, L. 1959, ch. 64, § 17; June 30.
History: L. 1871, ch. 60, § 19; R.S. 1923, § 15-109; Repealed, L. 1959, ch. 64, § 17; June 30.
History: L. 1871, ch. 60, § 20; R.S. 1923, § 15-110; Repealed, L. 1963, ch. 124, § 1; June 30.
On the petition of a majority of the legal voters of any town or village which became a city of the third class or may hereafter become a city of the third class by virtue of section one of the act to which this section is supplementary*, it shall be the duty of the council of such city, within ten days after the filing of such petition, to order an election by the legal voters of such city, to determine whether such city shall remain a city under the provisions of the act to which this is amendatory, or be dissolved as a corporate body, and remitted to the conditions of being part of the township in which such city shall be.
The election shall be conducted like other elections, and the ballots shall have written or printed thereon: "For a city," or "Against a city," and within three days after the election said ballots shall be counted by the city council, and the result recorded; and if a two-thirds majority of the legal votes shall be against the city, then the city shall thenceforth cease to exist, and the territory embraced within the city limits shall thenceforth be a part of the township in which said city was located, and governed in every respect under the general township laws; and the records of such city shall be delivered to the township clerk, and if there be any debts unpaid of such city at the time it ceased to exist under the provisions of this act, then the township trustee shall, at the next annual levy of taxes, provide for a levy on the property within the limits of such city, sufficient to pay such debt according to its terms in the same manner as taxes are now levied for township purposes.
History: L. 1872, ch. 102, § 4; March 6; R.S. 1923, § 15-111.
Any city who has received public moneys in 2010 or 2011 from the United States environmental protection agency through the Kansas department of health and environment relating to the buyout and relocation of its residents and such residents have been relocated is hereby dissolved as a corporate body.
History: L. 2012, ch. 36, § 1; April 5.
Whenever any town or village shall become an incorporated city, the governing body of each such city shall be authorized to issue no-fund warrants in amounts computed as hereinafter provided. Whenever the incorporation of a city occurs between August 1 and January 31 of any year such city, in order to function properly for the remainder of the year, may issue no-fund warrants in an amount not to exceed fifty percent (50%) of the amount said city could levy in one year for its general operating fund, and such city, in order to function properly during the succeeding year, may also issue no-fund warrants in an amount not to exceed the total amount such city could levy in one year for its general operating fund.
Whenever the incorporation of any city occurs between January 1 and July 31 of any year such city, in order to function properly for the remainder of such year, may issue no-fund warrants in an amount not to exceed eighty percent (80%) of the amount such city could levy in one year for its general operating fund: Provided, No such warrants shall be issued until a resolution authorizing such issuance shall have been adopted by the governing board of such city and published once in a newspaper having a general circulation in such city, whereupon such warrants may be issued unless a petition in opposition to same, signed by not less than thirty percent (30%) of the qualified electors of such city is filed with the clerk of said city within ten (10) days following such publication. In the event such a petition is filed, it shall be the duty of the governing body of such city to submit the question to the voters at an election called for such purpose.
History: L. 1953, ch. 59, § 1; April 13.
Whenever no-fund warrants are issued under the authority of this act the governing body of such city shall make a tax levy each year for three (3) years in approximately equal installments for the purpose of paying 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 in article 19 of chapter 79 of the Kansas Statutes Annotated, and any amendments thereto. Such warrants shall be issued, registered, redeemed and bear interest in the manner and in the form prescribed by K.S.A. 79-2940, except they shall not bear the notation required by said section 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 K.S.A. 79-2940. None of the provisions of the cash-basis and budget laws of this state shall apply to any expenditures made, the payment of which has been provided for by the issuance of warrants under this act.
History: L. 1953, ch. 59, § 2; April 13.
History: L. 1955, ch. 202, § 2; Repealed, L. 1968, ch. 274, § 50; April 30.
It is the purpose of this act to provide by general law for the incorporation of all cities, as required by section 5 of article 12, of the state constitution.
History: L. 1963, ch. 509, § 1; June 30.
(a) When a petition for the incorporation of a city, signed by 50 or more electors of the territory described therein, and containing the information hereafter required, is filed with the county clerk if all the territory is within one county, or the county clerk of the county in which the greater or greatest area lies if the territory lies in two or more counties, the requirements and proceedings shall be as hereinafter stated.
The petition shall: (1) Be addressed to the board of county commissioners, or where the territory lies in two or more counties, to the board of commissioners of the county having the greater or greatest area; (2) describe the territory by metes and bounds; and (3) request the incorporation of the territory as a city by the name of "the city of ______________" (giving name).
Each page of signatures shall bear the following heading:
"I, whose name appears as one of the signers below, state that I reside in and am an elector of the territory petitioned to become the city of ______________; that I signed my name in my own handwriting; that I read the description of the metes and bounds of said territory or saw the map of the territory attached as an exhibit to the petition.
Signatures Addresses"
The signatures of signers shall be checked against the voter registration books by the county election officer. Any person desiring to withdraw their name from the petition may do so by filing in person with the county clerk of the county where the petition will be filed, and before the petition is filed, a statement substantially as follows: "I the undersigned, hereby withdraw my name as a signer of the petition for the incorporation of the territory proposed to be called the city of ______________." The county clerk shall sign and endorse on the face of the statement the month, day, year and hour of the filing and, if and when the petition is filed, shall attach such withdrawal statement thereto.
The sufficiency of the number of petitioners shall be determined as of the day of the filing of the petition by registration books, if any, and as of the date of the affidavit as to persons in nonregistration area.
(b) No territory shall be incorporated as a city except as provided in subsection (d)(2) unless it has 250 or more inhabitants or has 250 or more platted lots each of which is served by water and sewer lines owned by a nonprofit corporation. The number of inhabitants shall be determined by an enumeration by a qualified signer of the petition who shall make an affidavit that an enumeration has been made of the inhabitants of the territory after the beginning of the circulation of the petition, and stating the number of inhabitants found, and specifying the dates when it was begun and when completed. The number of platted lots served by water and sewer lines owned by a nonprofit corporation shall be determined by the county engineer, who shall state the findings by affidavit. The affidavits shall be attached to the petition before it is filed. The board of county commissioners may cause another enumeration to be made if it believes the number of inhabitants may be less than 250.
(c) The petition shall have attached thereto a statement containing the following information regarding the proposed city: (1) Quantity of land embraced, platted and unplatted; (2) a brief description of existing facilities and services currently received by the area, including water supply, sewage disposal, fire and police protection; and (3) reasons for desiring city government and services.
There shall also be attached to the petition a map of the territory showing the location of the proposed city within the county or counties and the more densely built-up area or areas and designating in general the platted and unplatted areas.
There shall also be attached a statement of the assessed valuation of the platted real property and improvements and unplatted real property and improvements and the assessed valuation or an estimate thereof of the tangible personal property for each county in which any area lies, certified by the county clerk or county assessor.
(d) No territory shall be incorporated as a city unless:
(1) The inhabitants of the territory number 250 or more and 50 or more electors of the territory have signed a petition;
(2) the territory contains 250 or more platted lots each served by water and sewer lines owned by a nonprofit corporation, and 50 or more electors of the territory have signed a petition; or
(3) the territory has been designated a national landmark by the congress of the United States.
History: L. 1963, ch. 509, § 2; L. 1967, ch. 113, § 1; L. 1981, ch. 86, § 1; L. 2011, ch. 101, § 1; June 2.
The county clerk shall examine the petition, if such a petition is required, signatures and attached matter as prescribed by K.S.A. 15-116, as amended, and if it appears the petition is in proper form, that the inhabitants of the territory number 250 or more and 50 or more electors of the territory have signed a petition, that the territory contains 250 or more platted lots each served by water and sewer lines owned by a nonprofit corporation and that 50 or more electors of the territory have signed the petition, or that the territory has been designated as a national landmark, the county clerk shall so report to the board of county commissioners at its next regular meeting and it shall designate a time and place for a hearing on the petition, such time to be not less than 30 nor more than 90 days from the date the petition was filed. The place of the hearing shall be at a place convenient for most of the inhabitants of the territory.
History: L. 1963, ch. 509, § 3; L. 1967, ch. 113, § 2; L. 1981, ch. 86, § 2; L. 2011, ch. 101, § 2; June 2.
The county clerk shall cause a copy of the petition, without the signatures, and a notice of the time and place of the hearing to be published once in the official county newspaper of each county in which any of the territory lies and the publication shall be not less than fifteen (15) days before the hearing. Notice of the hearing shall also be posted in not less than three (3) public places in the territory not less than fifteen (15) days before the hearing.
History: L. 1963, ch. 509, § 4; June 30.
The county clerk shall, not less than 15 days before the hearing, send notices of the hearing with a copy of the petition, without the signatures, to the county clerk of any other county in which any part of the territory lies; to the clerk, secretary or chairperson of any duly constituted city, county, regional or metropolitan planning commission exercising planning authority over all or part of the territory; to the director of the division of community development of the department of economic development; and to the city clerk of any city, any portion of whose area is within five miles of the nearest boundary of the territory as described in the petition.
History: L. 1963, ch. 509, § 5; L. 1985, ch. 256, § 4; July 1.
The hearing shall be conducted in such manner as the board of county commissioners deems best suited to the occasion. Where the territory is in two or more counties the county commissioners of the counties involved shall sit as a joint board with the chairman of the board of the county having the greater or greatest area presiding: Provided, That if he or she be not present, all of the commissioners present shall choose one of their number as presiding officer. All persons residing within the territory, owners of property within the territory whether residing there or not, all persons, agencies, and representatives of governmental units notified as provided in K.S.A. 15-119, shall be entitled to be heard and to present documentary information and briefs. The hearing may be adjourned from time to time.
History: L. 1963, ch. 509, § 6; June 30.
As a guide in determining the advisability of incorporating the territory, the board or joint board of county commissioners shall consider the following factors, among others:
(1) Population and population density of the area within the boundaries of the territory;
(2) land area, topography, natural boundaries, and drainage basin;
(3) area of platted land relative to unplatted and assessed value of platted land relative to assessed value of unplatted areas;
(4) extent of business, commercial, and industrial development;
(5) past expansion in terms of population and construction;
(6) likelihood of significant growth in the area, and in adjacent areas, during the next ten (10) years;
(7) the present cost and adequacy of governmental services and controls in the area and the probable effect of the proposed action and of alternative courses of action on the cost of adequacy of local governmental services and regulation in the area and in adjacent areas;
(8) effect of the proposed action, and of alternative actions, on adjacent areas, and on the local governmental structure of the entire urban community.
If the territory or any part thereof is within five (5) miles of an existing city, the board or joint board of county commissioners shall take into consideration*
(1) The size and population of such city;
(2) its growth in population, business and industry during the past ten (10) years;
(3) the extension of its boundaries during the past ten (10) years;
(4) the probability of its growth toward the territory during the ensuing ten (10) years, taking into consideration natural barriers and other reasons which might influence growth toward the territory;
(5) the willingness of the city to annex the territory and its ability to provide city services in case of annexation;
(6) the general effect upon the entire community, should there be additional cities in the area; all of these and other considerations having to do with the overall orderly and economic development of the area and to prevent an unreasonable multiplicity of independent municipal governments.
History: L. 1963, ch. 509, § 7; June 30.
The board or joint board of county commissioners shall have authority to hire expert consultants to provide information and assistance and gather information as required; to issue subpoenas, and compel the attendance and testimony of witnesses, and the production of papers, books and documents; and to cause a stenographic or other record made of the proceedings. The expense shall be a proper charge against the county general fund and, when there are two or more counties involved, the expense shall be prorated to the counties in proportion to area.
History: L. 1963, ch. 509, § 8; June 30.
After the hearing has been adjourned sine die, the board or joint board of county commissioners shall consider the matter. It may request the director of the division of community development of the department of economic development to make a study of the general area in which the territory is located, information in possession of the county board and other sources, and render an opinion as to the advisability of the proposed incorporation. The petition for incorporation shall be denied if it is determined that present or future annexation to an adjacent city, or the creation of an authorized special service district, or districts, would better serve the interest of the area or that the proposed incorporation would be otherwise contrary to the public interest. If the board or joint board determines that the territory should not be incorporated, it shall make an order so stating. In addition to other requirements, if any of the territory wholly within one county is within five miles of an existing city, the territory shall not be incorporated except by the unanimous vote of the commissioners. If the board or joint board determines that the territory should be incorporated, it shall prepare an order or joint order incorporating the territory as a city by the name of "the city of ______________" as stated in the petition and describing the metes and bounds thereof. When the order has been adopted, the inhabitants within such bounds and such further territory as from time to time may be lawfully added thereto shall be a body politic and corporate by that name, and they and their successors (except such corporation be lawfully dissolved) shall have perpetual succession. The order shall be adopted at the next regular meeting of the board. Where two counties are involved, the board of each county shall adopt the joint order at its next regular meeting and not less than two commissioners of each county shall vote in favor thereof, except that in addition to other requirements, if any of the territory is within five miles of an existing city, the territory shall not be incorporated except by the unanimous vote of the commissioners of each county involved. The order or joint order so incorporating the city shall order the first election in the city for city officers. The order or joint order shall be entered at length upon the journal of the proceedings of the board or boards of county commissioners and shall be published once in some newspaper printed or in general circulation in the city at least one week before the city election. Nomination papers for candidates for city office shall be filed with the county election officer of the county where the petition for incorporation was filed and the county election officer shall conduct such election.
History: L. 1963, ch. 509, § 9; L. 1965, ch. 143, § 1; L. 1968, ch. 274, § 43; L. 1985, ch. 256, § 5; July 1.
The city, regardless of the number of inhabitants at the time of incorporation, shall operate as a mayor-council city of the third class and the statutes relating thereto and home rule powers under the constitution until such time as by proper proceedings the class is changed or form of government changed.
History: L. 1963, ch. 509, § 10; L. 2011, ch. 101, § 3; June 2.
The expense of publications, notices, mailing charges, first city election and other costs incurred shall be paid from the county general fund, and if the city lies in two (2) or more counties, the expense shall be prorated to the counties in proportion to area.
History: L. 1963, ch. 509, § 11; June 30.
(a) Any person who has an interest in and is aggrieved by the decision of the board of county commissioners under the provisions of K.S.A. 15-115, et seq., and amendments thereto, may appeal to the district court of the same county in the manner provided by K.S.A. 19-223, and amendments thereto. Upon appeal the district court shall have jurisdiction to affirm or, if the court is of the opinion that the decision of the board was arbitrary, unlawful or capricious, to reverse the decision complained of or direct the county commissioners to take proper action. Neither the filing nor the pendency of any appeal of the decision of the board of county commissioners incorporating the territory to the district court, or any appeal therefrom, shall limit in any way the exercise of the corporate powers of the city by its officers, employees and agents.
(b) In the event the appellate court enters an order pursuant to subsection (a) reversing the decision of the board of county commissioners incorporating the territory, the board shall take immediate responsibility for the administration of the assets, debts and obligations of the former city. In doing so, the board, by resolution, shall create and serve as officers of a special taxing district covering the territory of the former city. If the proceeds of the sale of the property and the remaining assets of the former city are insufficient to pay its debts and obligations, the board shall provide for the levy of taxes on the tangible taxable property within the limits of the special taxing district sufficient to pay the remaining debts and obligations.
History: L. 1967, ch. 117; § 1; L. 1984, ch. 81, § 1; July 1.
Every two years an election shall be held for a mayor, and five council members. The mayor and council members shall hold their offices for two years and until their successors are elected and qualified.
Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, in case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within 30 days after election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.
In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.
History: L. 1871, ch. 60, § 5; L. 1903, ch. 137, § 1; R.S. 1923, § 15-201; L. 1945, ch. 148, § 1; L. 1951, ch. 137, § 4; L. 1967, ch. 90, § 11; L. 1968, ch. 274, § 44; L. 1982, ch. 83, § 4; L. 2008, ch. 163, § 12; July 1.
History: L. 1871, ch. 60, § 6; R.S. 1923, § 15-202; L. 1937, ch. 159, § 1; Repealed, L. 1968, ch. 274, § 50; April 30.
History: L. 1871, ch. 60, § 7; R.S. 1923, § 15-203; Repealed, L. 1968, ch. 274, § 50; April 30.
Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the mayor, with the consent of the council, may appoint, at the first regular meeting of the governing body in May of each year, the following city officers: A municipal judge of the municipal court, a clerk, a treasurer, a marshal-chief of police, law enforcement officers and such other officers as deemed necessary. Such officers shall hold an initial term of office of not to exceed one year and until their successors have been appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. The duties and pay of the various officers shall be regulated by ordinance. Any officer may be removed by a majority vote of the total membership elected or appointed to the council and may be suspended at any time by the mayor.
History: L. 1871, ch. 60, § 8; R.S. 1923, § 15-204; L. 1959, ch. 83, § 3; L. 1963, ch. 125, § 1; L. 1967, ch. 90, § 12; L. 1985, ch. 80, § 1; L. 1988, ch. 84, § 3; L. 2008, ch. 163, § 13; July 1.
History: L. 1901, ch. 112, § 3; R.S. 1923, § 15-205; Repealed, L. 1963, ch. 125, § 2; June 30.
History: L. 1901, ch. 112, § 4; R.S. 1923, § 15-206; Repealed, L. 1963, ch. 125, § 2; June 30.
History: L. 1871, ch. 60, § 9; R.S. 1923, § 15-207; Repealed, L. 1971, ch. 64, § 1; July 1.
History: L. 1871, ch. 60, § 10; R.S. 1923, § 15-208; Repealed, L. 1971, ch. 65, § 1; July 1.
The officers elected or appointed under this act shall be qualified electors of said city, except the city may appoint nonresidents as city attorney, municipal judge and as law enforcement officers when deemed necessary, including the appointment of nonresidents who also serve as city attorney, municipal judge or law enforcement officers of another municipality or public agency: Provided, That nothing herein shall authorize the appointment of nonresidents of this state. The city attorney, shall be a qualified elector of the county in which said city is located or of an adjoining county. The removal from such city of any officer elected or appointed under this act, who is required to be a qualified elector thereof, shall occasion a vacancy in such office. All vacancies in office, except in the offices of mayor and councilman, may be filled until the next regular time for appointment by appointment by the governing body. Every appointment to office, and the date thereof, shall be entered on the journal of proceedings of the council.
History: L. 1871, ch. 60, § 11; R.S. 1923, § 15-209; L. 1943, ch. 126, § 1; L. 1967, ch. 90, § 13; July 1.
History: L. 1871, ch. 60, § 21; R.S. 1923, § 15-210; Repealed, L. 1968, ch. 274, § 50; April 30.
The mayor shall preside at all meetings of the city council, and shall have a casting vote when the council is equally divided, and none other, and shall have general supervision over the affairs of the city. The mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the city, and he or she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty.
History: L. 1871, ch. 60, § 22; April 3; R.S. 1923, § 15-301.
The mayor shall sign the commissions and appointments of all the officers elected or appointed in the city.
History: L. 1871, ch. 60, § 23; April 3; R.S. 1923, § 15-302.
History: L. 1871, ch. 60, § 24; R.S. 1923, § 15-303; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 25; R.S. 1923, § 15-304; Repealed, L. 1959, ch. 64, § 17; June 30.
The mayor shall from time to time communicate to the city council such information and recommend such measures as in the mayor's opinion may tend to the improvement of the finances of the city, the police, health, security, ornament, comfort and general prosperity of the city.
History: L. 1871, ch. 60, § 26; April 3; R.S. 1923, § 15-305.
The mayor shall have power, when he or she deems it necessary, to require any officer of the city to exhibit his or her accounts or other papers, and to make report to the council in writing touching any subject or matter pertaining to his or her office.
History: L. 1871, ch. 60, § 27; April 3; R.S. 1923, § 15-306.
History: L. 1871, ch. 60, § 28; R.S. 1923, § 15-307; Repealed, L. 1963, ch. 124, § 1; June 30.
The mayor is hereby authorized to call on every inhabitant of the city who is between the ages of eighteen (18) and fifty (50) years to aid in enforcing the laws.
History: L. 1871, ch. 60, § 29; R.S. 1923, § 15-308; L. 1975, ch. 52, § 7; July 1.
The mayor shall have power to remit fines and forfeitures, to grant reprieves and pardons for offenses arising under the ordinances of the city, by and with the consent of the council. But no such fine or forfeiture shall be remitted, or pardon granted, except at a legal session of the council, nor unless the reasons therefor, together with the order of remission or pardon, be entered on the journal by the clerk.
History: L. 1871, ch. 60, § 30; April 3; R.S. 1923, § 15-309.
The city council shall elect one of their own body as "president of the council," who shall preside at all meetings of the council in the absence of the mayor; and in the absence of the president the council shall elect one of their own body to occupy the president's place temporarily, who shall be styled "acting president of the council." The president and acting president, when occupying the place of mayor, shall have the same privileges as other members of the council.
History: L. 1871, ch. 60, § 31; April 3; R.S. 1923, § 15-310.
When any vacancy occurs in the office of mayor, by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the vacancy shall be filled as provided by K.S.A. 15-201, and amendments thereto. In the case of the temporary absence of the mayor, the president of the council shall exercise the office of mayor, with all the rights, privileges and jurisdiction of the mayor, other than the appointment of council members or officers pursuant to K.S.A. 15-201 and 15-204, and amendments thereto, until the mayor returns.
History: L. 1871, ch. 60, § 32; R.S. 1923, § 15-311; L. 1988, ch. 84, § 4; L. 1993, ch. 17, § 1; July 1.
History: L. 1871, ch. 60, § 33; R.S. 1923, § 15-401; Repealed, L. 1965, ch. 90, § 1; June 30.
History: L. 1871, ch. 60, § 34; L. 1907, ch. 129, § 1; R.S. 1923, § 15-402; Repealed, L. 1933, ch. 309, § 27; April 3.
History: R.S. 1923, § 15-403; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1927, ch. 146, §§ 1, 2; Repealed, L. 1947, ch. 127, § 1; April 11.
History: R.S. 1923, §§ 15-404–15-407; Repealed, L. 1951, ch. 131, § 1; June 30.
The council may provide for making any and all improvements of a general nature in the city; and for the purpose of paying for the same, may from time to time borrow money, and may issue bonds therefor, as provided by law, but no such money shall be borrowed or bonds issued, until the city council shall be instructed so to do by a majority of all the votes cast at an election held in such city for that purpose. The council shall levy taxes on all taxable property within the city, in addition to other taxes, to pay said bonds and the interest thereon, which taxes shall be paid in cash only.
History: R.S. 1923, § 15-408; December 27.
Any election which was held prior to the effective date of this act for the approval of the issuance of general obligation bonds of the city of Glade to pay the costs of drilling and equipping a new water well in accordance with K.S.A. 15-408, and amendments thereto and which had notice thereof first published 19 days prior to the election instead of 21 days prior to the election is hereby validated. The city council of the city of Glade may issue the bonds in the amount and for the purpose approved by the voters at the election. The bonds shall be legal and binding obligations of the city of Glade.
History: L. 1983, ch. 73, § 1; April 28.
History: L. 1871, ch. 60, § 37; R.S. 1923, § 15-409; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 40; R.S. 1923, § 15-410; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1871, ch. 60, § 41; L. 1903, ch. 42, § 1 (Special Session); L. 1909, ch. 62, § 5; L. 1911, ch. 118, § 1; R.S. 1923, § 15-411; L. 1931, ch. 133, § 1; Repealed, L. 1947, ch. 104, § 3; L. 1949, ch. 114, § 4; March 12.
History: L. 1871, ch. 60, § 42; L. 1913, ch. 131, § 1; R.S. 1923, § 15-412; Repealed, L. 1975, ch. 114, § 1; July 1.
History: L. 1871, ch. 60, § 43; R.S. 1923, § 15-413; Repealed, L. 1971, ch. 60, § 1; July 1.
History: L. 1871, ch. 60, § 44; R.S. 1923, § 15-414; Repealed, L. 1975, ch. 85, § 1; July 1.
History: L. 1898, ch. 8, §§ 1, 2; R.S. 1923, §§ 15-415, 15-416; Repealed, L. 1971, ch. 66, § 1; July 1.
History: L. 1871, ch. 60, § 45; R.S. 1923, § 15-417; Repealed, L. 1927, ch. 102, § 2; March 21.
History: L. 1871, ch. 60, § 46; R.S. 1923, § 15-418; L. 1951, ch. 144, § 2; Repealed, L. 1968, ch. 375, § 19; July 1.
History: L. 1871, ch. 60, § 47; R.S. 1923, § 15-419; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 48; L. 1872, ch. 102, § 2; L. 1905, ch. 124, § 1; L. 1907, ch. 129, § 2; R.S. 1923, § 15-420; Repealed, L. 1925, ch. 101, § 2; March 14.
History: L. 1871, ch. 60, § 49; R.S. 1923, § 15-421; Repealed, L. 1957, ch. 96, § 3; June 29.
History: L. 1871, ch. 60, § 50; R.S. 1923, § 15-422; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 51; R.S. 1923, § 15-423; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 52; R.S. 1923, § 15-424; Repealed, L. 1971, ch. 54, § 1; July 1.
History: L. 1871, ch. 60, § 53; R.S. 1923, § 15-425; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 54; R.S. 1923, § 15-426; Repealed, L. 1963, ch. 124, § 1; June 30.
The council shall have power to open, widen, extend or otherwise improve any street, avenue, alley, or lane; to create, open and improve any new street, avenue, alley, or lane; and also to annul, vacate or discontinue the same, whenever deemed necessary or expedient: Provided, That all damages sustained by the citizens of the city, or the owners of the property therein, shall be ascertained in the manner provided by law: And provided further, That whenever any street, avenue, alley, or lane shall be vacated, the same shall revert to the owners of real estate thereto adjacent on each side, in proportion to the frontage of such real estate, except in cases where such street, avenue, alley or lane shall have been taken and appropriated to public use in a different proportion, in which case it shall revert to adjacent lots of real estate in proportion as it was taken from them.
Immediately after an ordinance opening, widening, extending or vacating any street, avenue, alley or lane shall become effective, the clerk of the city shall file a copy thereof which has been certified by him or her as a true and correct copy in the office of the county clerk and in the office of the register of deeds and the county clerk shall enter the same in the transfer records of his or her office and the register of deeds shall record the same in the deed records of the county and no fee shall be charged by the county clerk or register of deeds for such entering or recording.
History: R.S. 1923, § 15-427; L. 1951, ch. 142, § 3; July 1.
History: L. 1871, ch. 60, § 56; R.S. 1923, § 15-428; L. 1961, ch. 77, § 4; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 57; R.S. 1923, § 15-429; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 58; R.S. 1923, § 15-430; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 59; R.S. 1923, § 15-431; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 60; R.S. 1923, § 15-432; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1925, ch. 125, § 1; L. 1970, ch. 82, § 1; Repealed, L. 1975, ch. 494, § 39; July 1.
History: L. 1917, ch. 116, §§ 1, 2; R.S. 1923, §§ 15-433, 15-434; Repealed, L. 1963, ch. 126, § 1; June 30.
History: L. 1871, ch. 60, § 61; R.S. 1923, § 15-435; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 62; R.S. 1923, § 15-436; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 63; R.S. 1923, § 15-437; Repealed, L. 1963, ch. 124, § 1; June 30.
The council shall have power to regulate levees, depots, depot grounds and places for storing freight and goods, and to provide for the passage of railways through the streets and public grounds of the city; also to regulate the crossings of railway tracks, and to provide precautions and adopt ordinances regulating the same; to regulate the running of railway engines and cars, except speed, and to adopt ordinances relating thereto; and to make any other and further provisions, rules and restrictions to prevent accidents at crossings and on the tracks of railways, and to prevent fires from engines.
On and after the effective date of this act, that part or parts of any rule, regulation or ordinance adopted pursuant to this section regulating the speed of railway engines and cars shall not be of any force or effect, and that part or parts shall be null and void.
History: L. 1871, ch. 60, § 64; R.S. 1923, § 15-438; L. 1988, ch. 76, § 4; L. 1998, ch. 164, § 5; July 1.
History: R.S. 1923, § 15-439; Repealed, L. 1971, ch. 53, § 1; July 1.
History: L. 1871, ch. 60, § 66; L. 1915, ch. 151, § 1; R.S. 1923, § 15-440; L. 1925, ch. 123, § 1; L. 1951, ch. 139, § 4; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1883, ch. 36, § 1; R.S. 1923, § 15-441; Repealed, L. 1963, ch. 127, § 1; June 30.
History: L. 1905, ch. 125, § 1; R.S. 1923, § 15-442; Repealed, L. 1963, ch. 128, § 1; June 30.
History: L. 1935, ch. 122, § 1; Repealed, L. 1971, ch. 67, § 1; July 1.
History: L. 1947, ch. 173, §§ 1, 2; Repealed, L. 1975, ch. 122, § 1; July 1.
History: L. 1947, ch. 173, § 3; L. 1971, ch. 49, § 8; L. 1972, ch. 44, § 8; Repealed, L. 1975, ch. 122, § 1; July 1.
History: L. 1947, ch. 173, §§ 4, 5; Repealed, L. 1975, ch. 122, § 1; July 1.
History: L. 1957, ch. 140, § 1; Repealed, L. 1975, ch. 122, § 1; July 1.
History: L. 1871, ch. 60, § 70; R.S. 1923, § 15-501; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 71; L. 1909, ch. 84, § 1; R.S. 1923, § 15-502; L. 1967, ch. 90, § 14; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 72; R.S. 1923, § 15-503; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 73; R.S. 1923, § 15-504; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 74; R.S. 1923, § 15-505; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 75; R.S. 1923, § 15-506; L. 1969, ch. 110, § 1; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 76; R.S. 1923, § 15-507; L. 1955, ch. 129, § 1; L. 1961, ch. 112, § 1; L. 1965, ch. 144, § 1; L. 1965, ch. 70, § 5; L. 1969, ch. 110, § 2; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1961, ch. 112, § 2; Repealed, L. 1965, ch. 70, § 6; June 30.
History: L. 1871, ch. 60, § 77; R.S. 1923, § 15-508; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 78; R.S. 1923, § 15-509; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 79; R.S. 1923, § 15-510; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 80; R.S. 1923, § 15-511; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 81; L. 1879, ch. 84, § 1; R.S. 1923, § 15-512; L. 1969, ch. 110, § 3; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 82; R.S. 1923, § 15-513; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 83; L. 1886, ch. 71, § 1; R.S. 1923, § 15-514; L. 1953, ch. 119, § 1; L. 1971, ch. 68, § 1; L. 1972, ch. 102, § 1; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1953, ch. 119, § 2; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 84; L. 1901, ch. 114, § 1; R.S. 1923, § 15-515; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 85; R.S. 1923, § 15-516; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 86; L. 1901, ch. 115, § 1; R.S. 1923, § 15-517; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 87; L. 1879, ch. 84, § 2; R.S. 1923, § 15-601; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 88; L. 1879, ch. 84, § 3; R.S. 1923, § 15-602; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 89; R.S. 1923, § 15-603; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 90; R.S. 1923, § 15-604; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1871, ch. 60, § 91; R.S. 1923, § 15-605; Repealed, L. 1973, ch. 61, § 12-4702; April 1, 1974.
History: L. 1907, ch. 130, § 1; R.S. 1923, § 15-701; Repealed, L. 1973, ch. 82, § 1; July 1.
History: R.S. 1923, §§ 15-702–15-705; Repealed, L. 1959, ch. 68, § 1; June 30.
History: L. 1921, ch. 144, § 1; R.S. 1923, § 15-706; L. 1933, ch. 142, § 1; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1921, ch. 144, § 2; R.S. 1923, § 15-707; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1937, ch. 162, § 1; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1947, ch. 174, § 1; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1951, ch. 197, § 1; Repealed, L. 1963, ch. 129, § 1; June 30.
History: R.S. 1923, § 15-708; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1953, ch. 121, § 1; Repealed, L. 1975, ch. 122, § 1; July 1.
History: L. 1929, ch. 98, § 1; L. 1951, ch. 188, § 1; L. 1967, ch. 114, § 1; Repealed, L. 1978, ch. 71, § 1; July 1.
In case the mayor and council of any city of the third class shall have heretofore levied or shall hereafter levy any special assessment for any public improvement in said city, which special assessments are or may be informal, illegal, irregular or void for the want of sufficient authority to make or levy the same, or for any cause whatsoever, the mayor and council of such city may at any time relevy any such special assessments in the manner provided and against the property liable for assessment for such improvement at the time of the making thereof: Provided, That in all cases where informal, illegal, irregular or void special assessments levied for any improvement against any lot or piece of land shall have been paid, in whole or in part, such lot or piece of land shall not be reassessed for the assessment or the part thereof so paid.
History: L. 1927, ch. 147, § 1; June 1.
The governing body of any city of the third class is hereby authorized to especially illuminate such districts within such city as it may deem expedient, and to construct, equip, and maintain a system of artificial lights for that purpose, in addition to any system now provided for by law, subject to the limitations and in the manner hereinafter provided.
History: L. 1929, ch. 137, § 1; March 14.
The governing body of cities of the third class may levy an annual tax on all taxable tangible property in such city for the purpose of constructing, equipping, maintaining and defraying the cost of lighting the streets of such city and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto.
History: L. 1929, ch. 137, § 2; L. 1931, ch. 134, § 1; L. 1945, ch. 149, § 1; L. 1970, ch. 82, § 2; L. 1975, ch. 494, § 28; L. 1979, ch. 52, § 78; July 1.
History: L. 1929, ch. 137, § 3; Repealed, L. 1975, ch. 123, § 1; July 1.
History: L. 1929, ch. 136, §§ 1–3; Repealed, L. 1953, ch. 120, § 7; June 30.
History: L. 1939, ch. 142, § 1; Repealed, L. 1957, ch. 141, § 1; June 29.
The governing body of any city of the third class is hereby authorized and empowered to construct and improve the streets and alleys of the city, and may cooperate with the state or with the federal government, or both, in the planning and financing of any such improvement. If state or federal funds are available to apply to the costs of any such improvement, the city may enter into such agreement and contract with the state or federal government as necessary and proper to obtain financial aid from the state or federal government for that purpose.
History: L. 1945, ch. 150, § 1; L. 1981, ch. 173, § 52; July 1.
To provide for the payment of the city's share of the cost of any such street or alley improvement, any such city may issue temporary notes and bonds of said city: Provided, That nothing herein shall be construed to authorize the issuance of any obligations of any city in excess of the present limitations of indebtedness, prescribed by law: And further provided, That bonds shall not be issued as authorized herein until the question shall have been approved by a vote of the electors at a general city election, or a special election called for that purpose. Any such bond election shall be conducted according to the procedure outlined in the general bond law.
History: L. 1945, ch. 150, § 2; June 28.
Whenever the governing body of any city of the third class shall deem it necessary to regrade, repave, reoil, remacadamize, resurface, repair, or maintain any street or portion of any street which has been graded, paved, oiled, macadamized, surfaced, repaired, or maintained under the provisions of K.S.A. 12-602 or 12-665, and amendments thereto, the governing body may cause such street or portion of a street to be regraded, repaved, reoiled, remacadamized, resurfaced, repaired, or maintained and the same may be ordered by resolution of the governing body of the said city and shall be done at the expense of the city, and the payment of the cost of such regrading, repaving, reoiling, remacadamizing, resurfacing, repairing, and maintenance may be made by the issuance of improvement bonds of the city.
Such bonds shall be made payable at such time as the governing body shall provide by ordinance but none of such bonds shall run longer than ten (10) years nor bear interest at a rate exceeding the maximum rate of interest prescribed by K.S.A. 10-1009, and the credit of the city shall be pledged to the payment thereof. Before any such bonds shall be issued and the work commenced, the question of performing such work and issuing such bonds shall be submitted to a vote of the electors of the city.
A majority of the votes cast at the special election held for such purpose or a majority of the votes cast on a proposal at any general election when the question is submitted shall be considered sufficient to approve the proceedings under this act. The said election may be called by the governing body of the city at any time when it deems such action advisable. The election shall be held in accordance with the general laws of the state governing elections for a similar purpose.
All bonds issued under the provisions of this act shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise specifically provided.
History: L. 1947, ch. 176, § 1; L. 1970, ch. 64, § 44; L. 1978, ch. 99, § 21; April 25.
History: L. 1947, ch. 4, §§ 1, 2; Repealed, L. 1963, ch. 130, § 1; June 30.
History: L. 1947, ch. 179, §§ 1, 2; Repealed, L. 1973, ch. 83, § 1; July 1.
History: L. 1955, ch. 134, §§ 1, 2; Repealed, L. 1961, ch. 113, § 1; June 30.
History: L. 1947, ch. 175, § 1; Repealed, L. 1959, ch. 78, § 5; June 30.
History: L. 1949, ch. 183, § 1; Repealed, L. 1975, ch. 122, § 1; July 1.
History: L. 1949, ch. 184, §§ 1–3; Repealed, L. 1959, ch. 82, § 1; June 30.
History: L. 1951, ch. 193, § 1; Repealed, L. 1959, ch. 71, § 7; June 30.
Any city of the third class may issue general obligation bonds payable by the city at large to surface, resurface, pave, repave, curb, recurb, gutter, regutter, or otherwise improve any street or streets, avenue or avenues or other public highway or highways, other than an alley, together with necessary bringing to grade and grading, and with such culverts, drainage facilities and other incidentals as may be necessary, and to build bridges and approaches thereto, any or all of these, when authorized so to do by an election called for any one or more of such purposes and when a majority of those voting on the proposition vote in favor thereof.
The governing body may call an election at any time by passing an ordinance describing the street or streets, avenue or avenues or other public highway or highways or parts thereof to be improved, or the location of the bridge to be constructed, and describing in general terms the improvement or improvements to be made and the maximum amount of bonds to be issued. If the amount of bonds authorized is not sufficient to complete the project or projects as voted upon, such part of the project or projects shall be abandoned as will bring the cost within the maximum amount of bonds authorized. In case any street, avenue or other public highway or part thereof is not improved because of insufficient bond authorization, it may be included in any subsequent election.
For bonded debt purposes such bonds shall be considered the same as bonds issued to pay the cost of improvements of intersections of streets. Bonds issued under this act shall be issued, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise expressly provided. The provisions of this act are supplemental to other statutes relating to similar street improvements and shall not prevent the city from using other available statutes.
History: L. 1951, ch. 194, § 1; June 30.
The governing body of any city which, prior to the effective date of this act, has authorized, pursuant to the provisions of K.S.A. 15-731, and amendments thereto, the issuance of general obligation bonds of the city in the amount of $250,000 for the purpose of resurfacing and repaving and otherwise improving certain streets in the city together with necessary grading and drainage appurtenant thereto is hereby authorized to issue and sell such bonds in the manner provided by law without approval by election and without executing a nonlitigation certificate required by K.S.A. 10-108a, and amendments thereto. All proceedings for the issuance of such bonds and all bonds issued pursuant thereto are hereby validated and confirmed. The total amount of bonds issued under authority of this act shall not exceed the amount of $250,000.
History: L. 1986, ch. 87, § 1; May 8.
History: L. 1955, ch. 306, § 1; Repealed, L. 1975, ch. 349, § 2; July 1.
Any city of the third class is hereby authorized to make an annual tax levy on all taxable tangible property in such city to be used for the purpose of providing funds for regrading, repaving, reoiling, remacadamizing, resurfacing, repairing or maintaining any street or any portion of any street which is located within such city and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto.
History: L. 1957, ch. 139, § 1; L. 1970, ch. 82, § 3; L. 1975, ch. 494, § 29; L. 1979, ch. 52, § 79; July 1.
History: L. 1959, ch. 113, § 1; L. 1961, ch. 114, § 1; L. 1970, ch. 82, § 4; Repealed, L. 1975, ch. 494, § 39; July 1.
History: L. 1965, ch. 539, § 1; L. 1970, ch. 82, § 5; Repealed, L. 1973, ch. 74, § 1; July 1.
History: L. 1981, ch. 62, § 1; L. 1982, ch. 87, § 1; Repealed, L. 1995, ch. 53, § 1; July 1.
History: L. 1909, ch. 85, §§ 1–4; R.S. 1923, §§ 15-801–15-804; Repealed, L. 1959, ch. 108, § 1; June 30.
History: L. 1909, ch. 85, § 5; R.S. 1923, § 15-805; L. 1925, ch. 124, § 1; L. 1937, ch. 160, § 1; Repealed, L. 1959, ch. 108, § 1; June 30.
History: L. 1909, ch. 85, § 6; R.S. 1923, § 15-806; Repealed, L. 1959, ch. 108, § 1; June 30.
Any city of the third class owning and operating an electric light plant, sewer system or waterworks plant whose water supply may be insufficient to operate said utilities is by this act authorized to increase its bonded indebtedness above fifteen percent but not exceeding twenty percent of the assessed valuation of all taxable property within said city as shown by the assessment books for the year next preceding the year in which improvements shall be authorized, for the purpose of enlarging, repairing, extending and improving its waterworks system.
History: L. 1920, ch. 23, § 1; January 25; R.S. 1923, § 15-807.
The law governing the issuance of bonds for waterworks in cities of the third class shall govern the issuance of bonds under this act.
History: L. 1920, ch. 23, § 2; January 25; R.S. 1923, § 15-808.
(a) Any city of the third class that owns an electric light or waterworks plant, electric transmission line or water, gas or electric distribution system may sell the same, except that the sale shall not be made until the proposition of whether to sell has been submitted to a vote of the qualified electors of the city. If a majority of the qualified electors who vote in the election vote in favor of the sale, the governing body may dispose of the plant, transmission line or distribution system according to the proposition voted on at the election. The proposition submitted to the electors shall contain a statement of the proposed sale price and the name of the purchaser.
(b) When the governing body of such city decides to put the proposition to a vote, the governing body shall pass an ordinance calling an election to be held within 60 days after the passage of the ordinance. The mayor shall cause a notice of the election to be published once a week for two consecutive weeks with the first publication to be not less than 21 days preceding the election. Notice of the election shall also be published on the website of the county election office of any county where the election is to be conducted. Such notice shall be published not less than 21 days prior to the election and shall remain on the website until the day after the election. The notice shall state the purpose of the election, giving the sale price and the name of the purchaser, the date of the election, and the places of voting. The proposed purchaser shall bear all the expenses of the election.
(c) All sales shall be for cash, and the proceeds of the sale shall be applied upon the payment of any outstanding bonds or obligations incurred in the purchase, erection or improvement of the property sold. The excess, if any, shall be paid into the general fund of the city. If the city is unable to purchase the unmatured bonds issued for the purchase, erection or improvement of the property sold, the governing body may invest the money necessary to take up such bonds at maturity in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein or in any municipal bonds of this state, and such bonds shall become due prior to the due date of the bonds issued for the purchase, erection or improvement of the property sold, or in government bonds or federal landbank bonds. The purchase price and proceeding of the sale shall be filed with the state corporation commission.
History: L. 1923, ch. 102, § 1; R.S. 1923, § 15-809; L. 1929, ch. 135, § 1; L. 1931, ch. 135, § 1; L. 1939, ch. 141, § 1; L. 1951, ch. 189, § 1; L. 1977, ch. 54, § 20; L. 1981, ch. 173, § 53; L. 2009, ch. 74, § 1; L. 2023, ch. 79, § 8; July 1.
History: R.S. 1923, §§ 15-810, 15-811; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1929, ch. 138, § 1; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1941, ch. 175, § 1; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1945, ch. 151, § 1; L. 1970, ch. 82, § 6; Repealed, L. 1975, ch. 123, § 1; July 1.
History: L. 1947, ch. 181, §§ 1–4; Repealed, L. 1959, ch. 109, § 1; June 30.
History: L. 1951, ch. 190, § 1; Repealed, L. 1963, ch. 131, § 1; June 30.
History: L. 1901, ch. 116, § 1; R.S. 1923, § 15-901; Repealed, L. 1975, ch. 123, § 1; July 1.
History: L. 1901, ch. 116, § 2; R.S. 1923, § 15-902; Repealed, L. 1933, ch. 309, § 27; April 3.
History: R.S. 1923, § 15-903; Repealed, L. 1975, ch. 123, § 1; July 1.
History: L. 1907, ch. 133, § 1; L. 1921, ch. 146, § 1; R.S. 1923, § 15-904; Repealed, L. 1961, ch. 115, § 1; June 30.
History: L. 1907, ch. 133, §§ 2, 3; R.S. 1923, §§ 15-905, 15-906; Repealed, L. 1961, ch. 115, § 1; June 30.
History: L. 1939, ch. 148, §§ 1–4; Repealed, L. 1947, ch. 127, § 1; April 11.
Any city of the third class, owning a tract of land acquired and used by said city for park and recreational purposes which tract of land is located within eight (8) miles of the corporate limits of said city, may by ordinance, duly passed, attach such park and recreational area to the city for park and recreational purposes and may impose an ad valorem tax on all lots and blocks entirely surrounded by city property sold to private persons and corporations by said city from said tract of land and all improvements located thereon and all taxable property having a tax situs therein: Provided, That such lots and blocks must be a part of the park and recreational area and subject to the rules and regulations of the city for the maintenance of the park and recreational area.
History: L. 1955, ch. 133, § 1; April 2.
Any ordinance providing for attachment to the city for recreational purposes as described in K.S.A. 15-911 shall be published for two (2) weeks in the official city paper and shall describe the lands to be attached by giving the metes and bounds thereof, with the section, township, range and county in which the same are located. Such publication notice shall also give notice of the time and place of a meeting to be held by the governing body of the city for the purpose of answering and hearing any objections of owners of the affected recreational lots and blocks to such attachment. The time of such meeting shall be set not less than ten (10) nor more than twenty (20) days after the date of final publication of said ordinance and notice.
After said meeting, if the governing body of the city shall determine by resolution that such attachment of territory should be made to the city, it shall file or cause to be filed a certified copy of the ordinance of attachment certified by the city clerk in the office of the county clerk and in the office of the register of deeds of the county in which said lands are located and thereupon said lands shall be attached to said city: Provided, That if the owners of twenty-five percent (25%) or more of the area of the lands so privately owned shall file written objections to such attachment with the city clerk of said city on or before the time of the meeting hereinbefore provided for, such attachment shall not take effect unless and until the question of such attachment shall have been submitted to a vote of the owners of the lots and blocks privately owned which are included in such attachment and the majority of those voting shall have voted in favor of the attachment.
Except as herein otherwise provided, such election shall be called, noticed, held and canvassed in like manner as provided by the general bond law for bond elections. The governing body of the city shall have the power to call such an election. The governing body shall specify the place where the votes shall be cast and may appoint the judges and clerks of election who shall make their returns of the canvass of such election to the city clerk. The expense of such election shall be paid by the city.
History: L. 1955, ch. 133, § 2; April 2.
Any lands attached to a city of the third class for recreational purposes pursuant to the provisions of K.S.A. 15-911 and 15-912, shall not be taxed by the city at a rate in excess of eleven (11) mills; and all the proceeds of said taxes must be used for the purpose of properly maintaining the roads on or adjoining said park and otherwise improving and maintaining said park.
History: L. 1955, ch. 133, § 3; April 2.
The governing body of any city of the third class, the governing body of the county wherein such city is located and the governing body of any school district or districts with an attendance center located in said county, or any two or more of such governing bodies, one of which shall be that of said county, may negotiate and enter into an agreement for the purpose of cooperating in the ownership, construction, maintenance, improvement and operation of a swimming pool and related facilities. Any such agreement shall provide for an apportionment among said city, county and school district or districts, of the cost and maintenance thereof. Each of the participating taxing subdivisions are hereby authorized and directed to levy a general tax upon the property within their respective districts for the purpose of paying their proportionate share of the costs incurred under such agreement and to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located in such county or school district. Participating cities and school districts are hereby authorized to contribute to the participating county moneys from the proceeds of such tax levies in the amount necessary to pay that portion of the principal and interest of bonds issued by the county under the provisions of K.S.A. 15-915 attributable to such city and school district or districts under such agreement.
History: L. 1979, ch. 48, § 1; April 20.
Whenever an agreement is entered into pursuant to the provisions of K.S.A. 15-914 and for the purposes stated therein, the governing body of the participating county shall issue and sell its general obligation bonds in an amount necessary to pay the cost of construction and improvement of a swimming pool and related facilities under the provisions of this act. Such bonds shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law. Any such governing body proposing to issue and sell such bonds shall adopt a resolution stating the amount and purpose thereof and shall give notice thereof. Such notice shall be published once each week for two (2) consecutive weeks in the official county newspaper. If, within sixty (60) days next following the last publication of such notice, a petition protesting such bond issue signed by not less than five percent (5%) of the qualified electors of such county is presented to the county election officer, no such issuance and sale of bonds shall be made unless the proposition to issue and sell such bonds has been submitted to and approved by a majority of the qualified electors of the county voting at an election called and held thereon. Such election shall be noticed, called and held in the manner prescribed for the noticing, calling and holding of elections under the general bond law. Tax levies levied by any participating county for the purpose of paying the principal and interest upon any bonds issued under the provisions of this act may be reduced by an amount equal to the contributions made by participating cities and school districts for such purpose under the provisions of K.S.A. 15-914.
History: L. 1979, ch. 48, § 2; April 20.
The governing body of any city governed by this act may purchase, hold and pay for, in the manner hereinbefore mentioned, lands not exceeding eighty acres, in one body, outside the limits of such city, for the purpose of burial of the dead. The council shall provide for the survey, platting, grading, fencing, ornamenting and improving all the burial and cemetery grounds, and the avenues leading thereto, owned by such city, and may construct walks therein, rear and protect ornamental trees therein, and provide for paying the expenses thereof.
History: L. 1871, ch. 60, § 67; April 3; R.S. 1923, § 15-1001.
Cemetery lots owned by such city shall be conveyed by certificates signed by the mayor and counter-signed by the clerk under the seal of the city, specifying that the purchaser to whom the same is issued is the owner of the lot or lots described therein, by number, as laid down on such map or plat, for the purposes of interment; and such certificate shall vest in the purchaser, his or her heirs and assigns, a right in fee simple to such lot, for the sole purpose of interment, under the regulations of the city council; and such certificate shall be entitled to be recorded in the office of the register of deeds of the proper county without further acknowledgment; and such description of lots shall be deemed and recognized as a sufficient description thereof.
The council may limit the number of lots which shall be owned by the same person at the same time; may prescribe rules for enclosing, adorning and erecting monuments and tombstones on cemetery lots; and may prohibit any diversion of the use of such lots, and any improper adornment thereof, but no religious test shall be made as to the ownership of the lots, the burial therein, or the ornamentation of graves, or of such lots.
History: L. 1871, ch. 60, § 68; April 3; R.S. 1923, § 15-1002.
The council may pass rules and ordinances, imposing penalties, and fines, not exceeding one hundred dollars, regulating, protecting and governing the cemetery, the owners of lots therein, visitors thereof, and punishing trespassers therein; and the officers of such city shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the city itself.
History: L. 1871, ch. 60, § 69; April 3; R.S. 1923, § 15-1003.
History: L. 1937, ch. 124, §§ 1–3; Repealed, L. 1957, ch. 142, § 1; June 29.
History: L. 1938, ch. 38, § 1; Repealed, L. 1947, ch. 126, § 1; June 30.
It shall be unlawful for any person, firm, corporation, society, association or church to establish or maintain a cemetery within the corporate limits of any city of the third class unless the governing body of such city shall adopt a resolution consenting to such establishment or maintenance.
History: L. 1945, ch. 153, § 1; March 28.
Any person, firm, corporation, society, association or church violating the provisions of K.S.A. 15-1008 shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars or more than one thousand dollars.
History: L. 1945, ch. 153, § 2; March 28.
The provisions of this act shall not apply to * person, firm, corporation, association, society or church which has established a cemetery within the corporate limits of a city of the third class prior to the effective date of this act.
History: L. 1945, ch. 153, § 3; March 28.
History: L. 1947, ch. 180, § 1; L. 1970, ch. 82, § 7; Repealed, L. 1975, ch. 494, § 39; July 1.
The governing body of any city of the third class having a city cemetery may issue bonds in an amount not to exceed five thousand dollars ($5,000) for the purpose of purchasing an addition to such cemetery and the laying out, improvement and beautification of such cemetery or such addition thereto, or for any one or more of such purposes. All such bonds shall be issued, sold, delivered and retired in conformance with the general bond law: Provided, That no bonds shall be issued under the authority conferred by this act until the question as to whether such bonds shall be issued has been submitted to a vote of the qualified electors of said city at a regular city election or at a special election called for such purpose, and a majority of the qualified electors voting at such election shall have voted in favor of such question. Notice of such election shall be given as provided in the general bond law.
History: L. 1953, ch. 124, § 1; June 30.
Whenever it is proposed to create a cemetery district in any county in this state, which proposed cemetery district includes territory wherein an existing township cemetery is located, territory wherein a third-class city owns and maintains a cemetery inside of or outside of said proposed district, territory wherein an existing cemetery is owned and maintained by a religious organization, and territory in which there is located an abandoned cemetery, the residents of said proposed district shall present a petition to the board of county commissioners setting forth such proposed cemetery district, signed by not less than fifty-one percent (51%) of the qualified electors of said proposed district, as determined by an enumeration taken and verified for this purpose by some qualified elector of said district; and it shall be the duty of the board of county commissioners at their next regular meeting to examine the petition and copies of the resolutions hereinafter required and if the board finds that the petition and resolutions are in regular and due form, they shall enter an order in their proceedings establishing said cemetery district.
The said petition shall be accompanied by a copy of a resolution passed by the governing body of the third-class city owning and maintaining a cemetery either within or outside of said proposed district, stating that the city agrees to convey said cemetery to and for the use of said proposed cemetery district; and shall be accompanied by a copy of a resolution passed by the township board stating that said board agrees to convey the township cemetery to and for the use of said proposed cemetery district and by a copy of the resolution of the board of trustees or other governing board of any religious organization owning and operating a cemetery located within the district stating that said governing board agrees to convey said cemetery to and for the use of said proposed cemetery district.
History: L. 1953, ch. 475, § 1; March 10.
Upon the establishment of the said cemetery district, the township trustees of every township, a portion of which is included in said district, and the mayor of each third-class city located within said cemetery district, shall constitute the board of directors of the cemetery district established, and shall have full power and control thereof.
The said board shall elect from their own membership a chairman and may select a secretary from their own membership, or otherwise, whose terms of office shall be such as the board shall fix. The treasurer of any incorporated city located within the newly created cemetery district may be selected by the board of directors as the treasurer of the cemetery district and when a city treasurer shall act as cemetery district treasurer, the bond given by said treasurer to the city shall also cover the funds of the cemetery district which come into his or her hands as said treasurer. When the board of directors shall select a treasurer for the district who is not a city treasurer, he or she shall be required to give a surety company bond in a sum not less than the amount of funds in his or her hands, conditioned for the safekeeping of such funds and to account for and turn over the same whenever called upon so to do by the board of directors. Members of the board of directors, the secretary and the treasurer of any cemetery district located in a county having a population of more than four thousand (4,000) and not more than five thousand (5,000) and an assessed tangible valuation of not more than eighteen million dollars ($18,000,000) shall receive such reasonable compensation for their services as may be established by the board of directors.
It shall be the duty of the board of directors to provide for the care and maintenance of all cemeteries conveyed to the cemetery district and also to provide for the care and maintenance of any abandoned cemetery located within the said district. All expenditures made by the said board of directors shall be paid by warrants drawn on the treasurer and signed by the secretary and chairman of the board.
History: L. 1953, ch. 475, § 2; L. 1955, ch. 130, § 1; L. 1969, ch. 111, § 1; July 1.
(a) Subsequent to the establishment of the cemetery district and after the board has organized, the township board of any township owning a cemetery within the newly created district shall convey the township cemetery to the newly organized district, and the governing body of any city of the third class located within the organized district shall convey the city cemetery located either within or outside the district to the newly created cemetery district and the board of trustees or other governing board of any religious organization located within the district desiring to come under the provisions of this act shall convey its cemetery to the cemetery district. Thereafter, the board of directors is authorized to certify the levy of a tax of not to exceed 1 mill on all the taxable tangible property within the district for the purpose of maintaining and improving the cemeteries located within the newly organized district, including the maintenance and improvement of any abandoned cemeteries located therein.
(b) Whenever the board determines that the tax levy of 1 mill authorized by subsection (a) is insufficient to maintain and improve cemeteries, the board may adopt a resolution to certify a levy of a tax of more than 1 mill but not more than 3 mills in any year. Any such resolution adopted under this subsection shall state the total amount of the tax to be certified and shall be published once each week for two consecutive weeks in a newspaper of general circulation within the cemetery district. Whereupon such annual levy in an amount not to exceed the amount stated in the resolution may be made for the ensuing budget year and each successive budget year unless a petition, signed by at least 5% of the qualified electors of the cemetery district, requesting an election upon the proposition to increase the tax levy in excess of the current tax levy, is filed with the county election officer within 30 days following the date of the last publication of the resolution. In the event a valid petition is filed, no such increased levy shall be made without such proposition having been submitted to and having been approved by a majority of the electors of the cemetery district voting at an election called and held thereon. All such elections shall be called and held in the manner provided by the general bond law. Such taxes shall be levied and collected in like manner as other taxes, which levy the board shall certify, on or before August 25 of each year, to the county clerk who is hereby authorized and required to place the same on the tax roll of the county to be collected by the county treasurer and paid over by the county treasurer to the treasurer of such board.
(c) If a sufficient protest petition is not filed, or if an election is held pursuant to subsection (b) and the question is approved at such election, the tax levy herein authorized shall be levied by the board of county commissioners upon certification to them, by the board of directors of the cemetery district, of the rate of levy to be made. The tax so collected shall be paid over by the county treasurer to the treasurer of the cemetery district upon order of the board of directors of the district, which order shall be signed by the chairperson and secretary of the board.
History: L. 1953, ch. 475, § 3; L. 1969, ch. 111, § 2; L. 1975, ch. 132, § 2; L. 1996, ch. 200, § 1; July 1.
Upon the selection and qualification of the treasurer of the newly organized cemetery district, the township treasurer of any township conveying a township cemetery to the newly organized district, and the city treasurer of any city conveying a cemetery to the newly organized district, shall pay to said cemetery district treasurer all funds and moneys in their hands, together with all funds and moneys in the county treasury which have been collected for cemetery purposes by such city or township.
History: L. 1953, ch. 475, § 4; March 10.
The board of directors of any cemetery district located in a county having a population of more than four thousand (4,000) and not more than five thousand (5,000) and an assessed tangible valuation of not more than eighteen million dollars ($18,000,000) may set aside all or any portion of the proceeds arising from the sale of lots in any cemetery of such district in a fund which shall be used only for the purpose of procuring additional lands to be used for cemetery purposes.
History: L. 1969, ch. 111, § 3; July 1.
Land adjacent to an established cemetery district and not a part of any other organized cemetery district which lies in a county other than where the greater portion of the cemetery district to which it seeks to be attached lies may be attached to the said cemetery district in the manner hereinafter provided. Upon presentation to the board of county commissioners of the county in which the greater part of the cemetery district lies, of a petition setting forth the boundaries of the area which desires to be attached to said cemetery district and signed by not less than fifty-one percent (51%) of the qualified electors of said area, to be determined by enumeration taken and verified for this purpose by some qualified elector of said area, it shall be the duty of the board of county commissioners, at its next regular meeting, to examine said petition. If said board finds that the petition is regular and in due form as herein provided, the board shall notify the board of trustees of such cemetery district and forward a copy of the petition filed. Said board of trustees shall return the petition accompanied by a copy of a resolution adopted by the board of trustees of said cemetery district which resolution shall state that said board desires such area to be attached to the cemetery district.
Upon receipt of the petition and the resolution the county commissioners shall issue an order attaching such territory to the cemetery district and notice of such attachment shall be given to the county clerk of the county wherein the territory seeking to be attached is situate. Said attachment shall take effect on the first day of March next following the entry of said order. Such attached territory shall be subject thereafter to the tax levied by the cemetery district which district shall certify such levy to the county clerk of the county of the territory attached, together with its budget, and such county clerk shall levy such tax on all the taxable tangible property of the county in said cemetery district. The treasurer of the county shall transfer before the fifteenth day of January and July of each year, all moneys in his or her hands belonging to said cemetery district, including all moneys for the payment of bonds or interest of said district to the treasurer of the district and the treasurer receiving said moneys shall issue a receipt therefor and forward it to the treasurer of the county from which the money was sent. Expenditures shall be made as provided in K.S.A. 15-1015, and all acts amendatory thereof, and the tax levied by the district shall be subject to and limited by provisions of K.S.A. 15-1015, and all acts amendatory thereof.
History: L. 1955, ch. 130, § 2; June 30.
Whenever a petition signed by not less than fifty-one percent (51%) of the owners of property located in that portion of a cemetery district located within the corporate limits of any city of the third class located in two (2) counties, requesting that property located within such city be excluded from the boundaries of the cemetery district and describing such property shall be filed with the board of county commissioners of such county, it shall be the duty of such board of commissioners at its next regular meeting to examine said petition and if it has been signed by fifty-one percent (51%) or more of the owners of such property and that there is no outstanding indebtedness against said cemetery district, it shall enter an order in its proceedings excluding such territory from the boundaries of the cemetery district. Such order shall be entered only if the excluded territory is to be attached to another cemetery's district.
History: L. 1967, ch. 116, § 1; July 1.
If at the time a petition is filed requesting the exclusion of territory from such cemetery district, such district has any outstanding indebtedness, the board of county commissioners shall in the order excluding such territory from the cemetery district provide for the levy of taxes against the territory excluded to provide for the payment of its proportionate share of the indebtedness of the district which is outstanding at the time of such order.
History: L. 1967, ch. 116, § 2; July 1.
History: L. 1871, ch. 60, § 93; R.S. 1923, § 15-1101; L. 1941, ch. 110, § 2; L. 1963, ch. 456, § 4; Repealed, L. 1969, ch. 429, § 3; January 1, 1970.
History: L. 1871, ch. 60, § 94; R.S. 1923, § 15-1102; Repealed, L. 1963, ch. 124, § 1; June 30.
History: L. 1871, ch. 60, § 95; R.S. 1923, § 15-1103; Repealed, L. 1959, ch. 64, § 17; June 30.
History: L. 1884, ch. 7, § 1; R.S. 1923, § 15-1104; Repealed, L. 1975, ch. 124, § 1; July 1.
History: L. 1884, ch. 7, §§ 2, 3; R.S. 1923, §§ 15-1105, 15-1106; Repealed, L. 1975, ch. 124, § 1; July 1.
History: L. 1884, ch. 7, § 4; R.S. 1923, § 15-1107; Repealed, L. 1975, ch. 55, § 2; L. 1975, ch. 124, § 1; July 1.
History: L. 1884, ch. 7, § 5; R.S. 1923, § 15-1108; Repealed, L. 1975, ch. 124, § 1; July 1.
History: L. 1911, ch. 117, § 1; L. 1915, ch. 152, § 1; R.S. 1923, § 15-1109; Repealed, L. 1933, ch. 309, § 27; April 3.
History: R.S. 1923, § 15-1110; Repealed, L. 1951, ch. 131, § 1; June 30.
History: L. 1937, ch. 95, § 1; Repealed, L. 1947, ch. 126, § 1; June 30.
History: L. 1941, ch. 172, §§ 1–3; Repealed, L. 1947, ch. 127, § 1; April 11.
History: L. 1941, ch. 171, § 1; L. 1955, ch. 131, § 1; L. 1968, ch. 178, § 1; L. 1970, ch. 82, § 8; Repealed, L. 1975, ch. 494, § 39; July 1.
History: L. 1941, ch. 171, § 2; Repealed, L. 1976, ch. 94, § 1; July 1.
Any city of the third class situated in a recognized and established natural gas field is hereby granted power and authority to acquire a drilling site by lease or purchase, and to drill upon said land or upon other land leased for the purpose or owned by said city, or unitized with any such lands, a well for the production of natural gas and to produce and sell natural gas therefrom, and to enter into all necessary or desirable contracts for such purposes.
History: L. 1945, ch. 152, § 1; L. 1947, ch. 171, § 1; April 9.
The drilling of a well as authorized in this act shall be upon the further conditions that some person shall be willing to enter into an agreement with the city whereby such person will drill and equip the well at such person's own expense, in the first instance, and without cost to the city, and with the understanding that such person shall be repaid from the natural gas produced from said well or the proceeds thereof, and that after being fully reimbursed the city shall then become the sole and exclusive owner of the well.
The governing body of the city shall credit to the funds of the city, the proceeds and income accruing to the city by reason of the city's ownership of the gas well, and in order to secure to the common owners of the land situated within the corporate limits of the city a proportionate acquisition of, and benefit from, the natural gas underlying said land, all such proceeds shall be subject to governmental uses and purposes of the city as the governing body shall order from time to time and to reduce and eliminate, insofar as possible, all property taxes of the city. Any well drilled under authority of this act shall be drilled within the corporate limits of the city.
History: L. 1945, ch. 152, § 2; March 16.
If there be within the corporate limits of said city as many as 640 acres of land, some portion of which is available at a reasonable cost, either by lease or purchase, as a drill site, then the acreage attributable to such gas well shall be located within the corporate limits of said city; but if no drill site is available at a reasonable cost within the corporate limits of said city then the governing body of said city is hereby granted power and authority to acquire by lease or purchase a suitable drill site adjacent to said city.
History: L. 1947, ch. 171, § 2; April 9.
If there shall be less than 640 acres of land within the corporate limits of said city, then the governing body of said city is hereby granted power and authority to join with others having the right to produce and sell natural gas from lands which with the land within the corporate limits of said city will constitute a drill site in conformity with the rules and regulations of the state corporation commission, and which together with all of the land within the corporate limits of said city will not exceed 640 acres, in the execution of such contracts and agreements as will result in consolidation or unitization of the land within the corporate limits of such city with such other lands so as to constitute a drilling unit not exceeding 640 acres in area, and to enter into contracts with such other persons having the right to produce and sell natural gas from such other lands for the drilling of a joint well upon such consolidated drilling unit, each party to contribute and to bear his, her or its proportionate share of the cost of drilling, equipping, completing, connecting and maintaining said gas well, and of producing, delivering and selling the natural gas therefrom, and to receive his, her or its proportionate share of the proceeds of such sales, according to the number of acres contributed by each such party to such drilling unit.
History: L. 1947, ch. 171, § 3; April 9.
No such gas well shall be commenced until after the question has been submitted to a vote of the qualified electors of said city at a general city election or a special election held for that purpose, notice of which shall be given by one publication in the official city paper, and shall have been approved by the affirmative vote of sixty-five percent of said electors, as determined by the vote cast for mayor at the last city election.
Any city proposing to take action as herein authorized shall by resolution and order of the governing body of the city set out the terms and conditions which will govern the drilling of such well, the names and addresses of such persons, firms or corporations (if any) as will be associated with the city in such enterprise, a description of all of the lands constituting the drilling unit, the precise location of the proposed gas well, and shall fix the time when an election will be held for the purpose of voting on the proposal, and said resolution and order shall be published as a part of the notice of said election.
History: L. 1947, ch. 171, § 4; April 9.
The land area described in such resolution and order shall constitute the drilling unit, and the approval of the proposal to drill such gas well, as evidenced by the result of said election, shall operate as a consent of all owners of natural gas underlying that portion of said drilling unit lying within the corporate limits of said city to the taking of such gas by said city and shall entitle the city to an acreage allowable equal to the number of acres lying within the corporate limits of said city and included in said drilling unit: Provided, however, That any owner of land situated within the corporate limits of said city feeling aggrieved by the interests and authority granted to said city by this act and by the approval of the proposal submitted at said election, may within ninety days after the date of said election, petition the district court of the county in which said city is located setting out any facts tending to show that such action will work undue hardship or operate inequitably as to the said petitioner.
Copy of the petition and of a summons shall be served upon the mayor of the city and the city shall within twenty days thereafter file answer thereto, and the cause shall be heard and determined by the court as a proceeding in equity, and the court shall find the facts and make such orders and enter such decree in the premises as the law and equities of the case require and in case the court finds in favor of the petitioner, the acreage owned by said petitioner shall be excluded from said drilling unit and the acreage allowable for natural gas production to said city shall be reduced accordingly. Any owner of land or mineral rights situated within the corporate limits of said city and included in said drilling unit who shall fail to petition the district court as herein authorized and have a determination of his or her rights, if any, shall thereafter be forever barred.
History: L. 1947, ch. 171, § 5; April 9.
The governing body of any city of the third class, owning a municipal auditorium, is hereby authorized to lease all or any part of said auditorium to any patriotic organization, having a state and national organization, for a period not to exceed fifteen years, upon such terms as the governing body of the city and the patriotic organization desiring to lease the building may agree.
History: L. 1947, ch. 182, § 1; March 1.
History: L. 1947, ch. 178, § 1; Repealed, L. 1963, ch. 70, § 2; June 30.
History: L. 1947, ch. 177, § 1; Repealed, L. 1959, ch. 110, § 1; June 30.
Any third-class city which is the county seat of a county having a population of more than two thousand five hundred (2,500) and less than six thousand (6,000) and an assessed valuation of tangible taxable property of more than nineteen million dollars ($19,000,000) and less than twenty-three million dollars ($23,000,000) and which city has been or shall be ordered by the secretary of health and environment to enlarge, improve or rebuild the city's sewage disposal plant or construct a new sewage disposal plant shall have authority and is empowered to assess not more than thirty percent (30%) of the total cost of such improvement against other taxing subdivisions whose territory includes land within the city limits of said city if the governing bodies of such overlapping taxing subdivisions give their consent to such assessments, which they are hereby authorized and empowered to do, and if no more than ten percent (10%) of the total cost of such improvement shall be charged and assessed against the county and not more than ten percent (10%) against any school district.
History: L. 1951, ch. 195, § 1; L. 1975, ch. 462, § 11; July 1.
All assessments shall be levied by ordinance of the city and each other taxing unit assessed shall be notified in writing of the amount assessed against it. Then, such taxing subdivision assessed shall have the power to issue its general obligation bonds in an amount not exceeding the amount of its assessment and shall pay such assessment to the city from the proceeds of the sale of such bonds within 90 days from the publication of the assessment ordinance.
Such bonds shall mature in not more than 20 years from the date of issuance and shall bear interest at a rate not exceeding the maximum rate prescribed by K.S.A. 10-1009, and amendments thereto, and shall be executed, issued, registered, sold and retired as provided by the general bond law. If deemed necessary or proper each such taxing subdivision may issue temporary improvement notes pursuant to K.S.A. 10-123, and amendments thereto, to provide funds for paying its assessment prior to the issuance of its bonds.
History: L. 1951, ch. 195, § 2; L. 1970, ch. 64, § 45; L. 1978, ch. 99, § 22; L. 1983, ch. 49, § 68; May 12.
Bonds issued under the authority of this act may be issued without a petition or election and without regard to limitations on bonded indebtedness of the issuing municipalities and taxing subdivisions; and taxes may be levied to pay the principal and interest of such bonds without regard to the aggregate tax levy limitations prescribed by law and without regard to the provisions of K.S.A. 79-2925 to 79-2936, inclusive, and amendments thereto.
History: L. 1951, ch. 195, § 3; March 15.
History: L. 1951, ch. 192, §§ 1, 2; Repealed, L. 1973, ch. 79, § 1; July 1.
History: L. 1953, ch. 122, § 1; L. 1970, ch. 82, § 9; Repealed, L. 1975, ch. 119, § 1; July 1.
History: L. 1953, ch. 123, § 1; Repealed, L. 1973, ch. 68, § 3; July 1.
History: L. 1953, ch. 165, § 1; Repealed, L. 1974, ch. 89, § 1; July 1.
History: L. 1959, ch. 111, § 1; Repealed, L. 1975, ch. 122, § 1; July 1.
Revisor's Note: Section transferred to 12-4901.
Revisor's Note: Section transferred to 12-4902.
Revisor's Note: Section transferred to 12-4903.
Revisor's Note: Section transferred to 12-4904.
Revisor's Note: Section transferred to 12-4905.
Revisor's Note: Section transferred to 12-4906.
Revisor's Note: Section transferred to 12-4907.
Revisor's Note: Section transferred to 12-4908.
Revisor's Note: Section transferred to 12-4909.
Revisor's Note: Section transferred to 12-4910.
Revisor's Note: Section transferred to 12-4911.
In any city of the third class which has, prior to the effective date of this act, been inundated in whole or in part as the result of the construction of any dam or reservoir by the federal government, or is in the take line of any such dam or reservoir, in which the governing body of such city has sold any property located in such city which was heretofore dedicated to the public use, whether such property was real estate, personal property or mixed real estate and personal property, such sale is hereby confirmed, legalized and declared a valid sale and conveyance.
History: L. 1976, ch. 77, § 1; April 8.
History: L. 1931, ch. 137, § 1; Repealed, L. 1974, ch. 56, § 7; March 28.
History: L. 1931, ch. 137, § 2; L. 1955, ch. 132, § 1; Repealed, L. 1974, ch. 56, § 7; March 28.
History: L. 1931, ch. 137, § 3; Repealed, L. 1974, ch. 56, § 7; March 28.
History: L. 1931, ch. 137, § 4; Repealed, L. 1951, ch. 131, § 1; June 30.
Any city of the third class together with an area surrounding such city of not more than six (6) miles square may be organized as a community building district for the maintenance, operation, improvement and equipping of a community building as hereinafter provided.
History: L. 1959, ch. 114, § 1; June 30.
Upon the presentation to the board of county commissioners of the county in which such city and surrounding area are located, of a petition setting forth the boundaries of a proposed community building district and requesting the formation of such district, signed by not less than 60% of the qualified electors of the proposed district, the sufficiency of such petition to be determined by an enumeration taken and verified for this purpose by the county election officer of the county, it shall be the duty of the board of county commissioners at its next regular meeting to examine the petition.
If the board finds that the petition is sufficient and regular and in due form and as herein provided, the board shall enter an order establishing such community building district and shall thereupon declare the territory described in the petition a public corporation and the inhabitants within the district to be incorporated as a community building district under the name "__________ community building district of __________ county, Kansas" (inserting the name of the district and of the proper county) and henceforth, the territory and the inhabitants residing therein and their successors shall constitute a body politic and corporate under the corporate name; shall have perpetual succession; shall have a seal, and may sue and be sued in its corporate name.
History: L. 1959, ch. 114, § 2; L. 1984, ch. 82, § 1; July 1.
Upon the establishment of said community building district the mayor of the city within such district shall cause a notice to be published once each week for two (2) consecutive weeks in a newspaper of general circulation in said district stating that a meeting of the qualified electors of such district will be held at the time and place fixed in said notice for the purpose of electing seven (7) directors as a temporary governing board for such district. The last publication of said notice shall be made not more than six (6) days prior to the date of the meeting. At said meeting the mayor of the city, or in case the mayor be absent, the city clerk shall act as chairman of such meeting and the qualified electors present shall proceed to elect by ballot seven (7) directors for the community building district.
The directors so elected shall hold their offices until the first annual meeting of the community building district and shall have the same duties, powers, authority and jurisdiction conferred by this act on the regular board of directors.
History: L. 1959, ch. 114, § 3; June 30.
A community building district organized under the provisions of this act is authorized to accept the conveyance of an existing community building owned by any individual, association or private or public corporation and to maintain, operate, improve and equip the same for use as a community building by the inhabitants of the community building district.
History: L. 1959, ch. 114, § 4; June 30.
The annual meeting of the qualified electors of a community building district shall be held on the first Thursday of May each year. Notice of the annual meeting shall be given by the board of directors by one publication in a newspaper of general circulation in said district, said publication to be not less than five (5) nor more than ten (10) days prior to the date of the meeting. The notice shall state the time and place of such meeting. A copy of such notice shall be posted on the door of the community building if said district owns a community building for at least ten (10) days prior to the date of the meeting. A special meeting may be called by the chairman of the board of directors or by any three (3) members of the board, notice of such meeting to be given in the same manner as notice of the annual meeting except that such notice shall also state the purpose of the meeting.
History: L. 1959, ch. 114, § 5; June 30.
Any person who has been a bona fide resident of the community building district for thirty (30) days prior to any meeting, who possesses the qualifications of a voter under the general election laws of the state shall be entitled to vote at said meeting.
History: L. 1959, ch. 114, § 6; June 30.
Each community building district shall be governed by a board of seven (7) directors. At the first annual meeting seven (7) directors shall be elected by ballot for the following terms: Three (3) for a term of one (1) year and four (4) for a term of two (2) years. Thereafter succeeding directors should be elected for a term of two (2) years. Vacancies shall be filled by appointment by the remaining board members for the unexpired term.
History: L. 1959, ch. 114, § 7; June 30.
Immediately following the annual meeting of the district the board of directors shall organize by electing a chairman and vice-chairman from its membership and by electing from within or without its membership a secretary and treasurer of the board. Said officers shall have the powers and duties customarily exercised by such officers. The board may require a bond from the treasurer in an amount determined by the board, the cost thereof to be paid by the district. Expenditures made by said board of directors shall be paid by warrants drawn upon the treasurer and signed by the chairman and secretary.
History: L. 1959, ch. 114, § 8; June 30.
The board of directors of the community building district shall:
(a) Have full charge of the government, operation and maintenance of the community building;
(b) make and adopt such bylaws, rules and regulations for the operation and maintenance of the community building as it shall deem necessary;
(c) appoint and fix the compensation of such employees as it deems necessary;
(d) keep a complete record of its proceedings and make a report to each annual meeting of all receipts and expenditures and of such other information as it shall deem advisable.
History: L. 1959, ch. 114, § 9; June 30.
The board of directors is authorized to determine and fix an annual tax to be levied by the community building district which shall not exceed one-half (½) mill on the dollar, for the purpose of maintaining and operating the community building and the payment of any expenses attendant thereupon. The board of directors shall certify such rate of levy to the county clerk and the county clerk shall levy such tax on all the taxable tangible property in the community building district. The tax so collected shall be paid by the county treasurer to the treasurer of the community building district.
History: L. 1959, ch. 114, § 10; June 30.
Whenever a community building district has been organized within any county as authorized by K.S.A. 15-11b01 to 15-11b10, and amendments thereto, territory adjacent thereto but located in another county may be attached to such district as hereinafter provided.
Upon presentation to the board of directors of the community building district of a petition setting forth the boundaries of the area petitioned to be attached to the district and signed by not less than 51% of the qualified electors of the area, as determined by an enumeration taken and verified for this purpose by the county election officer of the county in which the area proposed to be attached is located, it shall be the duty of the board of directors of the community building district, at its next annual meeting, to examine the petition and if it finds the same to be in order and further finds it to the best interest of the district to attach such territory located outside the county, it shall issue an order attaching such territory to the district and shall give notice thereof to the county clerk of the county wherein the territory petitioned to be attached is located.
Such attached territory shall thereafter be subject to the tax levied by the district, and all residents within the attached territory shall thereafter be eligible to attend and to vote at all annual meetings, and the district including the attached territory shall thereafter be governed insofar as practicable by the provisions of K.S.A. 15-11b01 to 15-11b10, and acts amendatory thereof and supplemental thereto, except as hereinafter provided.
History: L. 1963, ch. 132, § 1; L. 1984, ch. 82, § 2; July 1.
The board of directors of any community building district to which territory has been attached as provided for in K.S.A. 15-11b11 shall annually file the budget of the building district with the clerk of the county in which the district was originally organized, and the county clerk of any other county in which attached territory is located shall annually, on or before August 25, certify the total amount of assessed taxable tangible property located in his or her county to the county clerk of the county in which the district was originally organized.
The county clerk shall thereafter determine the rate of tax necessary to finance the budget to be derived from ad valorem taxes, but in no case to exceed the amount authorized by K.S.A. 15-11b10, and acts amendatory thereof. Upon determination of the rate of levy, the county clerk of the county in which the district was organized shall certify the same to the county clerk of any other county in which territory is located that is attached to the district; and it shall be the duty of the boards of county commissioners in each of the counties in which any of the territory or attached territory of the district lies to levy the tax upon the taxable tangible property within such territory or district.
History: L. 1963, ch. 132, § 2; April 30.
The county treasurers of each of the counties in which territory or attached territory of the district is located, shall, upon collection of the tax moneys provided for in K.S.A. 15-11b12, pay the same to the treasurer of the community building district.
History: L. 1963, ch. 132, § 3; April 30.
This act shall be construed as supplemental to and a part of K.S.A. 15-11b01 to 15-11b10.
History: L. 1963, ch. 132, § 4; April 30.
All cities of the third class which shall adopt the provisions of this act, by a majority vote of all electors voting at a special election called for that purpose as hereinafter provided, shall be governed by the provisions of this act.
History: L. 1913, ch. 128, § 1; March 19; R.S. 1923, § 15-1201.
Each city governed by the provisions of this act shall be a body corporate and politic, and the powers hereby granted shall be exercised by the board of commissioners of such city as hereinafter set forth, and such board of commissioners shall have and exercise all such rights, powers and duties as are conferred upon them by this act, and such other powers, rights and duties as are now or shall be hereafter conferred by the laws of the state of Kansas upon the mayors and councils of cities of the third class, insofar as the same are not in conflict with the provisions of this act.
History: L. 1913, ch. 128, § 2; March 19; R.S. 1923, § 15-1202.
History: L. 1913, ch. 128, § 3; R.S. 1923, § 15-1301; Repealed, L. 1968, ch. 274, § 50; April 30.
There shall be an election for commissioners in cities of the third class adopting this act. All commissioners shall have terms of four years, except commissioners elected in April, 1968, shall have terms expiring in 1973. Commissioners elected in the year 1967 shall have terms expiring in 1971.
History: L. 1913, ch. 128, § 4; R.S. 1923, § 15-1302; L. 1968, ch. 274, § 45; April 30.
History: L. 1913, ch. 128, § 5; R.S. 1923, § 15-1303; Repealed, L. 1968, ch. 274, § 50; April 30.
The names of all candidates for mayor and commissioners and other elective offices of any city adopting the provisions of this act shall be arranged under the designation of the office, in alphabetical order, according to the surnames.
History: L. 1913, ch. 128, § 6; R.S. 1923, § 15-1304; L. 1968, ch. 274, § 46; April 30.
The mayor and each of said commissioners shall be a citizen of the United States and a qualified elector of such city.
History: L. 1913, ch. 128, § 7; R.S. 1923, § 15-1401; L. 1972, ch. 161, § 2; L. 1975, ch. 106, § 4; March 22.
Neither the mayor nor any commissioner shall be elected or appointed to any office created by, or the compensation of which was increased or fixed by, the board of commissioners while he or she was a member thereof, until the expiration of at least two years after such person has ceased to be a member of said board.
History: L. 1913, ch. 128, § 8; March 19; R.S. 1923, § 15-1402.
History: L. 1913, ch. 128, § 9; R.S. 1923, § 15-1403; L. 1959, ch. 65, § 4; Repealed, L. 1971, ch. 62, § 1; July 1.
(a) The mayor and each of the commissioners, before entering upon the duties of the office, shall give a good and sufficient surety bond, to be executed by a bonding company authorized to do business in Kansas, payable to and for the use and benefit of any such city, in the sum of not less than $2,000, conditioned for the faithful discharge of the duties of office, and that such officer will save such city harmless from all loss caused by such person's neglect of duty, or misfeasance in office or for the willful expenditure of any moneys of such city in violation of law. The cost of such surety bonds shall be borne by such city.
(b) The provisions of this section shall not apply if the mayor or commissioners are included within a blanket or other surety bond covering other officers and employees of the city, in an amount not less than required by subsection (a).
History: L. 1913, ch. 128, § 10; R.S. 1923, § 15-1404; L. 1989, ch. 69, § 3; July 1.
In case of any vacancy from any cause in the office of mayor or any commissioner, the remaining members of the board of commissioners, within 10 days after the happening of such vacancy, shall elect some suitable person to fill the vacancy for the balance of the unexpired term of such office. If the remaining members cannot agree upon some such suitable person, then they shall call in the then city attorney, who shall cast the decisive vote for such appointment.
The resignation of the mayor or any commissioner elected under this act shall be made in writing to the board of commissioners for their action thereon. If the mayor or any commissioner shall remove from the territorial limits of such city, such removal shall, ipso facto, be deemed to create a vacancy in such person's office.
History: L. 1913, ch. 128, § 11; R.S. 1923, § 15-1405; L. 1985, ch. 80, § 6; May 2.
The board of commissioners shall constitute the municipal government of such city, and shall be the successors of the mayor and council, and, upon the qualification of the members of said board of commissioners, all powers, rights, duties and emoluments of the then mayor and councilmen of any city adopting this act shall cease and terminate; but all current unfinished business shall proceed without interruption under the commissioners and all acts of the commissioners in respect thereto shall be valid in every respect.
History: L. 1913, ch. 128, § 12; March 19; R.S. 1923, § 15-1406.
The mayor shall be, ex officio, the commissioner of the police and fire departments, and shall have under his or her special charge, and be responsible for, the enforcement of all city ordinances and police regulations of such city, and have general supervision over the fire department, shall have under his or her special charge the public parks and all property of such city, and shall have supervision over the health department of such city, and shall in conjunction with the commissioner of streets keep the streets, alleys and public grounds of such city in a sanitary condition, and shall enforce all rules and regulations necessary to this end and shall protect the health of the inhabitants of such city.
The board of commissioners shall, by a majority vote of all members thereof, designate from among their number one commissioner, who shall be known as "commissioner of finance, revenue, and waterworks," and lighting plant owned by said city, who shall have under his or her special charge the preparation of an annual budget, and the levy of taxes and the collection of all revenues belonging to such city, from whatever source the same may be derived, and the management of the finances of such city, and the construction, maintenance and operation of any waterworks owned by any such city; and one commissioner, who shall be known as "commissioner of streets, alleys and public improvements," who shall have under his or her special care the supervision of streets and alleys, and the repair, construction and maintenance of sidewalks, bridges, and sewers, and all other public improvements not herein otherwise provided for and shall have general supervision over the engineering department of such city, and the commissioner shall also see that all contracts for public improvements under his or her supervision are faithfully complied with, and that the conditions of all permits to excavate in the streets and alleys of the city and the grant of any franchise or privilege are faithfully performed.
Said board of commissioners so constituted shall have control and supervision over all the departments of such city and to that end shall have power to make and enforce such rules and regulations as they may deem fit and proper for and concerning the organization, management and operation of all the departments of such city, and whatever agencies may be created for the administration of its affairs.
In case at any time the duties of any of said commissioners shall be found to be excessive, said board of commissioners, by a majority vote of all the members thereof, may relieve said commissioner by assigning to some other member of said board, for a time to be by them determined, a portion of the work assigned by this act to said commissioner; and said board may from time to time assign such further duties to each of said commissioners as shall be for the best interests of such city.
History: L. 1913, ch. 128, § 13; March 19; R.S. 1923, § 15-1407.
History: L. 1913, ch. 128, § 14; R.S. 1923, § 15-1408; Repealed, L. 1975, ch. 108, § 1; July 1.
Said board of commissioners shall meet at least once every week in regular meeting in the city hall, at such time as shall be fixed by said board of commissioners, and take under advisement and act upon such business as may come before them. A majority of the members of said board shall constitute a quorum for the transaction of business, but no final action shall be taken in any matter respecting the department of any absent commissioner unless such business has been made a special order, with notice to such commissioner of such contemplated action, or unless such action is taken at a regular meeting of the board.
History: L. 1913, ch. 128, § 15; March 19; R.S. 1923, § 15-1409.
The mayor shall preside at all meetings of the board of commissioners, except as herein otherwise provided. The mayor shall be the chief executive officer of said city, and shall have general supervision and control of all other officers, departments and affairs of government of such city, and shall take care that the provisions of this act and all ordinances of such city are complied with.
History: L. 1913, ch. 128, § 16; March 19; R.S. 1923, § 15-1501.
The mayor shall sign all ordinances passed by the board of commissioners, and shall have the right to vote as a member of said board on all questions which may arise, but the mayor shall have no veto power.
History: L. 1913, ch. 128, § 17; March 19; R.S. 1923, § 15-1502.
The mayor and any one commissioner shall have the power to call special meetings of the board of commissioners, the object of which shall be submitted to said board in writing, and the call and the object, as well as the action of said board thereon, shall be entered upon the journal by the clerk, and no other business shall be transacted except that mentioned in the call. A written notice of said special meeting shall be served personally upon each member of said board or left at his or her usual place of residence at least two hours before the time of such meeting. The notice shall state the time, place and object of such special meeting, and shall be issued by the city clerk to the chief of police, his or her deputy or a policeman, or other city employee, who shall be required to make such service at once as above provided, and the person serving such notice shall make a return in writing of the serving such notice, showing the manner of such service.
History: L. 1913, ch. 128, § 18; March 19; R.S. 1923, § 15-1503.
At the first regular meeting of the board of commissioners of any city adopting the provisions of this act, after the members thereof have been duly elected and qualified, said board, by a majority vote of all of its members, shall appoint by ballot one of their number to act instead of the mayor at any time during which the mayor is unable to perform the duties of the office by reason of temporary or continued absence or sickness or disability; the official title of such member so appointed shall be "President of the Board of Commissioners," and the commissioner so appointed shall be invested with all the powers and shall perform all the duties of the mayor of said city during such absence or sickness.
History: L. 1913, ch. 128, § 19; March 19; R.S. 1923, § 15-1504.
The board of commissioners shall appoint, for a term of one (1) year, by a majority vote of all the members thereof, the following officers, to wit: A city clerk, a city treasurer, a municipal judge of the municipal court, a city marshal-chief of police, and may appoint the following officers, to wit: A city attorney, a fire chief, and such other officers, assistants, and employees as they deem necessary for the best interests of the city; but no such officer shall be appointed until his or her term and salary shall have been fixed by ordinance. Such persons shall hold their respective offices until their successors shall have been appointed and qualified. In case of appointment to fill a vacancy, such appointee shall only serve for the remainder of the term for which his or her predecessor was appointed. The board of commissioners may retain a licensed professional engineer to act in the capacity of city engineer for specifically defined duties, and provide for reasonable compensation for the services rendered.
History: L. 1913, ch. 128, § 20; R.S. 1923, § 15-1601; L. 1959, ch. 83, § 4; L. 1967, ch. 90, § 15; July 1.
No person shall be eligible to any appointive office unless he or she shall be a bona fide resident of the city at least one (1) year prior to his or her appointment, except that the city may hire nonresident expert employees or appoint nonresidents as a municipal judge or as law enforcement officers when deemed necessary by the board of commissioners, including the appointment of nonresidents who also serve as a municipal judge or law enforcement officers of another municipality or public agency: Provided, That nothing herein shall authorize the appointment of nonresidents of this state.
History: L. 1913, ch. 128, § 21; R.S. 1923, § 15-1602; L. 1967, ch. 90, § 16; July 1.
The board of commissioners shall have power to remove the city attorney, city clerk, city treasurer, police judge, city engineer or city assessor for incompetency, neglect of duty, or malfeasance in office, upon charges preferred, after due notice in writing and opportunity to be heard in their defense. When such charges are sustained any such officers shall be removed by resolution of the board of commissioners, passed by a vote of at least two of the members of said board, declaring that the charges preferred have been proven and that such office is vacant. But said board may in its discretion, by a majority vote of all the members thereof, remove with or without cause the incumbent of any other appointive city office or employment whatever, and may by ordinance prescribe, limit or change the salary of all appointive officers or employees, except that the salary of all appointive officers shall not be increased or diminished during the term for which they are appointed.
History: L. 1913, ch. 128, § 22; March 19; R.S. 1923, § 15-1603.
In case of the disability or any vacancy occurring by death, resignation or removal by the board of commissioners of any city officer, the said board shall, by a majority vote of all the members thereof, appoint some suitable person to fill the unexpired term. The resignation of any city officer appointed under the provisions of this act shall be made in writing to the board of commissioners for their action thereupon. If any city officer required to be a bona fide resident of the city shall remove from the territorial limits of such city, such removal shall ipso facto, vacate his or her office. The city clerk shall enter every appointment of office and the date thereof on the journal.
History: L. 1913, ch. 128, § 23; R.S. 1923, § 15-1604; L. 1967, ch. 90, § 17; July 1.
All existing ordinances, not inconsistent with the provisions of this act, shall remain in full force and effect until amended or repealed, and all proceedings relating to the levy and collection of general taxes and special assessments and the sale and conveyance of land for the nonpayment thereof, and all contracts heretofore entered into by such city, shall remain in full force and effect and be completed under existing laws; and no right or property accrued to any city, corporation, firm or person under the laws of this state shall be affected by this act.
History: L. 1913, ch. 128, § 24; March 19; R.S. 1923, § 15-1701.
History: L. 1913, ch. 128, §§ 25, 26; R.S. 1923, §§ 15-1702, 15-1703; Repealed, L. 1975, ch. 53, § 1; July 1.
Before the provisions of this act shall apply to any city of the third class in this state, it shall be submitted, in the manner provided by K.S.A. 12-184, to a vote of the legally qualified electors of such city for adoption, and shall receive a majority of all votes cast at such election.
Such election shall be held in all respects according to the law for city elections on questions submitted. If a majority of all the votes cast at such election shall be in favor of the adoption of this act, then at the next city election in an odd-numbered year a mayor and two (2) commissioners shall be elected as provided herein.
History: L. 1913, ch. 128, § 27; R.S. 1923, § 15-1704; L. 1968, ch. 274, § 47; L. 1976, ch. 76, § 17; July 1.
History: L. 1913, ch. 128, § 28; R.S. 1923, § 15-1705; Repealed, L. 1968, ch. 274, § 50; April 30.
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