Kansas Statutes

Chapter 15: Cities Of The Third Class

PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE THIRD CLASS

Article 11: Miscellaneous Provisions

Statutes:

• 15-1101:
• 15-1102:
• 15-1103:
• 15-1104:
• 15-1105, 15-1106:
• 15-1107:
• 15-1108:
• 15-1109:
• 15-1110:
• 15-1111:
• 15-1112 to 15-1114:
• 15-1115:
• 15-1116:
• 15-1117: Natural gas production and sale; acquisition of drilling site; contracts.
• 15-1118: Same; conditions.
• 15-1119: Same; acreage within or without city limits.
• 15-1120: Same; contracts for consolidation or unitization of land.
• 15-1121: Same; election; resolution and order of governing body.
• 15-1122: Same; effect of resolution, order and election; landowner may petition court; proceedings.
• 15-1123: Leasing of municipal auditorium to patriotic organization; term.
• 15-1124:
• 15-1125:
• 15-1126: Sewage disposal plants in certain cities; special assessments; limitations.
• 15-1127: Sewage disposal plants in certain cities; assessment of other taxing units; bonds and notes of other taxing units; terms.
• 15-1128: Same; bond and tax limitations inapplicable.
• 15-1129, 15-1130:
• 15-1131:
• 15-1132:
• 15-1133:
• 15-1134:
• 15-1146: Validation of sale and conveyance of land in city inundated by construction of reservoir.

• 15-1101:

        History:   L. 1871, ch. 60, § 93; R.S. 1923, § 15-1101; L. 1941, ch. 110, § 2; L. 1963, ch. 456, § 4; Repealed, L. 1969, ch. 429, § 3; Jan. 1, 1970.

• 15-1102:

        History:   L. 1871, ch. 60, § 94; R.S. 1923, § 15-1102; Repealed, L. 1963, ch. 124, § 1; June 30.

• 15-1103:

        History:   L. 1871, ch. 60, § 95; R.S. 1923, § 15-1103; Repealed, L. 1959, ch. 64, § 17; June 30.

• 15-1104:

        History:   L. 1884, ch. 7, § 1; R.S. 1923, § 15-1104; Repealed, L. 1975, ch. 124, § 1; July 1.

• 15-1105, 15-1106:

        History:   L. 1884, ch. 7, §§ 2, 3; R.S. 1923, §§ 15-1105, 15-1106; Repealed, L. 1975, ch. 124, § 1; July 1.

• 15-1107:

        History:   L. 1884, ch. 7, § 4; R.S. 1923, § 15-1107; Repealed, L. 1975, ch. 55, § 2; L. 1975, ch. 124, § 1; July 1.

• 15-1108:

        History:   L. 1884, ch. 7, § 5; R.S. 1923, § 15-1108; Repealed, L. 1975, ch. 124, § 1; July 1.

• 15-1109:

        History:   L. 1911, ch. 117, § 1; L. 1915, ch. 152, § 1; R.S. 1923, § 15-1109; Repealed, L. 1933, ch. 309, § 27; April 3.

• 15-1110:

        History:   R.S. 1923, § 15-1110; Repealed, L. 1951, ch. 131, § 1; June 30.

• 15-1111:

        History:   L. 1937, ch. 95, § 1; Repealed, L. 1947, ch. 126, § 1; June 30.

• 15-1112 to 15-1114:

        History:   L. 1941, ch. 172, §§ 1 to 3; Repealed, L. 1947, ch. 127, § 1; April 11.

• 15-1115:

        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.

• 15-1116:

        History:   L. 1941, ch. 171, § 2; Repealed, L. 1976, ch. 94, § 1; July 1.

• 15-1117: Natural gas production and sale; acquisition of drilling site; contracts. 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.

• 15-1118: Same; conditions. 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.

• 15-1119: Same; acreage within or without city limits. 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.

• 15-1120: Same; contracts for consolidation or unitization of land. 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.

• 15-1121: Same; election; resolution and order of governing body. 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.

• 15-1122: Same; effect of resolution, order and election; landowner may petition court; proceedings. 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.

• 15-1123: Leasing of municipal auditorium to patriotic organization; term. 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.

• 15-1124:

        History:   L. 1947, ch. 178, § 1; Repealed, L. 1963, ch. 70, § 2; June 30.

• 15-1125:

        History:   L. 1947, ch. 177, § 1; Repealed, L. 1959, ch. 110, § 1; June 30.

• 15-1126: Sewage disposal plants in certain cities; special assessments; limitations. 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.

• 15-1127: Sewage disposal plants in certain cities; assessment of other taxing units; bonds and notes of other taxing units; terms. 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.

• 15-1128: Same; bond and tax limitations inapplicable. 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.

• 15-1129, 15-1130:

        History:   L. 1951, ch. 192, §§ 1, 2; Repealed, L. 1973, ch. 79, § 1; July 1.

• 15-1131:

        History:   L. 1953, ch. 122, § 1; L. 1970, ch. 82, § 9; Repealed, L. 1975, ch. 119, § 1; July 1.

• 15-1132:

        History:   L. 1953, ch. 123, § 1; Repealed, L. 1973, ch. 68, § 3; July 1.

• 15-1133:

        History:   L. 1953, ch. 165, § 1; Repealed, L. 1974, ch. 89, § 1; July 1.

• 15-1134:

        History:   L. 1959, ch. 111, § 1; Repealed, L. 1975, ch. 122, § 1; July 1.

• 15-1146: Validation of sale and conveyance of land in city inundated by construction of reservoir. 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.