(a) "Highway commissioners," "township board of highway commissioners," "township commissioners," "township board," or "township governing body" means the governing body of the township composed of the township trustee, the township clerk and the township treasurer.
(b) "Class A roads" means all roads in county unit road counties, not designated as part of the county primary or county major collector road systems nor as part of the state or federal road systems. "Class A roads" shall include the roads formerly under the jurisdiction of the township, unless otherwise designated and classified by the county engineer and the board of county commissioners.
(c) "County roads" means all roads designated as such by the board of county commissioners, including roads on the county major collector road system, class A roads in county road unit counties and federal aid classified routes that extend from major or minor collectors into the area between urban or urbanized limits and city limits, as defined in title 23 of the code of federal regulations.
(d) "State roads" and "state highways" means all roads designated as a part of the state highway system by the secretary of transportation.
(e) "Township roads" means all roads within a township not within a county road unit county other than federal, state, and county roads.
History: L. 1911, ch. 248, § 1; R.S. 1923, 68-101; L. 1961, ch. 299, § 1; L. 1975, ch. 427, § 71; L. 2005, ch. 84, § 2; L. 2006, ch. 76, § 1; July 1.
(b) The board of county commissioners may vacate any road in the county whenever the board determines such road is not a public utility by reason of neglect, nonuse, or inconvenience or from other cause or causes such road has become practically impassable and the necessity for such road as a public utility does not justify the expenditure of the necessary funds to repair such road or put the same in condition for public travel.
(c) Notice of the laying out, alteration or vacation of any road shall be given in the manner provided by K.S.A. 68-102a, and amendments thereto.
History: L. 1911, ch. 248, § 2; R.S. 1923, 68-102; L. 1931, ch. 243, § 1; L. 1945, ch. 265, § 1; L. 1951, ch. 374, § 1; L. 1997, ch. 74, § 5; L. 1999, ch. 146, § 1; July 1.
History: L. 1931, ch. 243, § 2; L. 1981, ch. 173, § 67; L. 1999, ch. 146, § 2; July 1.
History: L. 1911, ch. 248, § 3; May 22; R.S. 1923, 68-103.
They shall also cause a record of such notice to be entered on their journal by the county clerk. They shall issue an order directing the county surveyor to meet with them at the time and place named in said notice to survey such road. In case of failure to meet on the day designated, they may meet on the following day, without further notice; and in case of failure to meet within the time herein specified, new notice shall be given as hereinbefore provided; that in all applications for the location, change and relocation of any road to be located upon or along any section line, and the petition shall so state, and shall specify the section lines to be followed, the place of beginning and the place of ending, the survey may be dispensed with, and in case the owners of the lands taken agree in writing to the proposed location, relocation, or change, and the commissioners are satisfied that the location, relocation or change prayed for is practicable, and can be made without unreasonable expense, they may dispense with the viewing of such location, relocation or change of road, and shall order the same to be surveyed, platted and opened, and shall also direct the county engineer to note such location, relocation or change of roads upon the road records of his office.
History: L. 1911, ch. 248, § 4; May 22; R.S. 1923, 68-104.
History: L. 1911, ch. 248, § 5; May 22; R.S. 1923, 68-105.
Said commissioners or viewers shall also assess and determine the amount of damages sustained by any person or persons through whose premises the said road is proposed to be established. Such commissioners or viewers shall not assess or award damages or compensation to any person or persons in consequence of the opening of said road, unless the owner or owners, or their agents, or guardians, having been duly notified as provided in this act of the applications and proceedings by which their property is sought to be appropriated or damaged, shall have filed a written application with said commissioners, giving a description of the premises on which damages or compensation are claimed, at the time of said view and hearing, as hereinbefore provided for: Provided, That in case any person has not received the notice of the view of said road, as hereinbefore provided for, he may at any time within twelve months after the location of said road file an application for damages with the county commissioners, who shall determine the amount of damages sustained by such claimant; and all applications for damages shall be forever barred unless they are presented as provided for in this act. If the commissioners or viewers, after viewing such proposed road, shall so direct, the county surveyor shall survey the said road under their direction, and cause the same to be conspicuously marked throughout, noting the courses and distances.
He shall also make out and deliver to the county clerk, without delay, a correct and certified return of the survey of the said road, and a plat of the same, and the said commissioners or viewers shall make out and sign a certificate stating their opinion in favor of or against the establishment, alteration or vacation of said road or any part thereof, and set forth the reason of the same, which certificate shall be filed with the county clerk on or before the first day of the session of the commissioners then next ensuing; and at such session next ensuing the said commissioners shall, if they conclude that said road should be established, altered, or vacated, and no legal objections appear against the same, and they are satisfied that such road will be of public utility, enter an order upon their records that said road, survey and plat be recorded in the office of the county surveyor and from thence forth said road shall be considered a public highway, and the county surveyor shall issue his order to the trustees of the respective townships in which said road is located, directing them to cause the same to be opened for the public travel at the time and in the manner indicated by him; but if the commissioners conclude that such road as applied for is unnecessary or impracticable, then no further proceedings shall be had thereon and the obligor or obligors on the bond securing costs shall be liable for the full amount of all costs accrued by reason of the view of said road.
History: L. 1911, ch. 248, § 6; May 22; R.S. 1923, 68-106.
Any person feeling aggrieved by the award of damages made by the board of county commissioners may appeal from the decisions of said board of county commissioners to the district court pursuant to K.S.A. 60-2101. In all counties having a population of not less than thirty thousand (30,000) and not more than ninety thousand (90,000) inhabitants, if the commissioners or viewers shall find that damages are sustained by owners of the land through which such road is located or opened, and if they find that certain special benefits are derived by the land in the vicinity of the road as well as by the public or the county at large, then they shall fix the limits of the benefit district embracing such real estate as they find to be specially benefited and assess a part of the damages allowed against such benefit district. Such certificate of commissioners or viewers shall contain the correct description of each piece or parcel of private property taken, if any, and the value thereof, and of each piece of property damaged, and the amount of damages thereto for which compensation is to be paid as ascertained by the viewers or commissioners as above provided. Such benefit district shall extend back not less than one hundred feet and not more than twelve hundred feet from either side of the proposed road. If the land on either side of said proposed road be platted into lots or blocks, then the benefit district as to such platted land shall not extend more than one-half (1/2) block with a maximum distance of three hundred (300) feet on the side or sides of the road where such land is so platted. The commissioners or viewers shall proceed to assess benefits equal to the amount of damages in the following manner:
(1) Such an amount as they find shall be paid by the county.
(2) The remainder of the damages shall be assessed against the land in the benefit district as established, in the manner provided by this section in such amounts and in such proportions against the various tracts of land exclusive of improvements as they find such tracts of lands are benefited by the opening or location of such road. It shall be the duty of the commissioners or viewers at the same time that they make their certificate of review, if favorable, to make also a separate certificate in writing stating the amount of the damages, if any, by them assessed and to whom, and submit therewith the written application upon which the assessments have been made and at the same time submit a certificate showing the manner in which the damages are to be paid by the levying of benefits against the various tracts of land within the benefit district, which has been by them established in connection with and as a part of such proceedings and the manner of payment of such benefits.
In case a part of a tract of land is taken from which damages are allowed and benefits assessed against the remaining portion of such tract, then such part of the damages as may be necessary shall be applied to pay off and have discharged of record any taxes or mortgages on such condemned land and the owner of said land may have the remainder of the damages, if any, offset against the benefits assessed against such owner's remaining land in the benefit district, or so much thereof as may be required to pay such benefits in full. Benefits assessed may be paid in full without interest within thirty (30) days from date of final determination of the amount thereof. If not paid within such period of time, then they may be paid in the same manner as are general taxes, except that they shall be due in equal amounts over not to exceed five (5) years and the unpaid portions thereof shall bear interest at not to exceed six percent per annum, payable annually, which manner of payment and rate of interest shall be fixed by the board of county commissioners.
The net amount of damage to be paid to acquire such land so condemned shall be advanced by the county from its general fund and it shall thereafter receive and collect benefits in the manner provided for above and place the same with interest thereon to the credit of its general fund. The county commissioners shall thereupon set a day for a hearing in connection with the establishment of the benefit district and the fixing of damages and benefits, which date of hearing shall be not less than three weeks subsequent to the date of the fixing of such damages and benefits. It shall thereupon be the duty of the county clerk to insert in the official county paper an appropriate notice of the time, place and purpose of such hearing, which notice shall appear in such official county paper at least twice and the date of the last notice shall be at least three days before the date set for the hearing. The county clerk shall also mail to the owner of each tract of land, for which damages have been allowed, or against which benefits have been assessed, a copy of the proceedings, insofar as the fixing of the benefit district and of damages and benefits is concerned, and which notice shall also set forth the time and place and purpose of the hearing. This notice shall be mailed at least five days before the date of the hearing to all owners of the land taken or within the benefit district, as shown by the records in the office of the county treasurer, at the last address given at the time of the payment of the taxes. Failure to receive said notice shall not affect the validity of any of these proceedings. Copies of said notice with an affidavit or affidavits of service attached shall be filed in the county clerk's office before the date of the final hearing. Upon the date provided for above there shall be a final hearing before the county commissioners or viewers, at which time said findings contained in said certificate of view shall be considered and a final order entered in the record of the county commissioners, which may amend, modify, approve or disapprove the findings contained in the certificate of the commissioners or viewers.
Any person feeling aggrieved by the orders made by the board of county commissioners or viewers, may appeal from the decision of said board of county commissioners or viewers to the district court pursuant to K.S.A. 60-2101. If no appeal to the district court is taken within the time prescribed by K.S.A. 60-2101, the assessment shall become final.
History: L. 1911, ch. 248, § 7; R.S. 1923, 68-107; L. 1933, ch. 234, § 1; L. 1941, ch. 307, § 1; L. 1945, ch. 266, § 1; L. 1951, ch. 374, § 2; L. 1977, ch. 105, § 21; July 1.
History: L. 1911, ch. 248, § 8; R.S. 1923, 68-108; L. 1961, ch. 299, § 2; June 30.
History: L. 1911, ch. 248, § 9; R.S. 1923, 68-109; L. 1961, ch. 299, § 3; June 30.
History: L. 1911, ch. 248, § 10; R.S. 1923, 68-110; L. 1961, ch. 299, § 4; June 30.
History: L. 1913, ch. 266, § 1; R.S. 1923, 68-111; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1913, ch. 266, § 2; R.S. 1923, 68-112; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1915, ch. 292, § 1; R.S. 1923, 68-113; L. 1961, ch. 299, § 5; June 30.
History: L. 1921, ch. 220, § 1; R.S. 1923, 68-114; L. 1976, ch. 293, § 1; July 1.
The owner of any gravel, sand, stone, clay, gypsum or any other road-building material taken, or the owner of the land through which ditches or drains may be made, as herein provided, or the owner of the crops thereon, shall be allowed a fair and reasonable compensation for the material so taken or for any injuries the lands or crops may sustain in consequence of the making of such drains or ditches. The amount of such compensation shall be determined, allowed and paid by the highway commissioners in event such material is used upon a mail route or a township road, and determined, allowed and paid by the board of county commissioners of the county when such material is used upon a county or state road. Such claims shall be allowed and paid in the same manner as other ordinary claims against the county or township and the claimant shall have the same right of appeal as is now provided by law in other cases.
(b) If the owner of any property adjacent to or abutting a township road which has been laid out but not opened prior to the effective date of this act desires to have such road opened, it shall be the duty of such owner to open such road. Such property owner shall establish a maintainable road bed and drainage in accordance with the standards established by the township board pursuant to K.S.A. 68-115a. Thereafter, it shall be the duty of the township board to maintain such road as required by subsection (a).
If the owner of any property adjacent to or abutting a township road which has been opened prior to the effective date of this act, but such road has not been maintained by the township for at least 20 years or has not been regularly used by the general public and the owner desires to have the road maintained for general public use, it shall be the duty of such owner to establish a maintainable road bed and drainage in accordance with the standards established by the township board pursuant to K.S.A. 68-115a. Thereafter, it shall be the duty of the township board to maintain such road as required by subsection (a).
If there is a dispute between landowners regarding the location of a township road, the county engineer shall determine the location of the road.
History: L. 1911, ch. 248, § 11; R.S. 1923, 68-115; L. 1995, ch. 232, § 1; L. 1997, ch. 153, § 2; July 1.
History: L. 1995, ch. 232, § 2; May 4.
History: L. 1911, ch. 248, § 12; R.S. 1923, 68-116; L. 1933, ch. 96, § 1 (Special Session); L. 1957, ch. 353, § 1; L. 1963, ch. 331, § 1; June 30.
The said road when so ordered by the board of county commissioners shall be platted and recorded in the office of the register of deeds and shall become a public way, subject to restrictions contained in the petition: And provided further, That the owner or owners, their grantees, successors or assigns, of the land specifically benefited by the establishment of such public road, shall forthwith pay all expenses of establishing said road, including all damages, if any should be held or allowed and thereafter forever maintain and keep the same in repair and without any expense or liability to the township or other municipality in which such road is so laid out and established.
History: L. 1911, ch. 248, § 13; L. 1913, ch. 261, § 1; L. 1915, ch. 291, § 1; R.S. 1923, 68-117; L. 1961, ch. 299, § 6; L. 1967, ch. 352, § 1; July 1.
History: L. 1947, ch. 352, § 1; April 15.
(a) Such an amount as they shall determine shall be paid by the county;
(b) the remainder of the benefits shall be assessed against the land in the benefit district as established in the manner provided by this section in such amount and in such proportion against the various tracts of land, exclusive of improvements, as they find such tracts of land are benefited by the opening, altering or widening of such road.
It shall be the duty of the commissioners or viewers at the same time they make their certificate of view, if favorable, to make also a separate certificate in writing, stating the amount of the damages, if any, by them awarded and to whom, and at the same time submit a certificate showing the manner in which the damages are to be paid by the levying of benefits against the various tracts of land within the benefit district, which has been established by them in connection with, and as a part of such proceedings, and the manner of payment of such benefits. Such certificates of the commissioners or viewers shall contain the correct description of each part or parcel of private property taken, if any, and the value thereof, and of each piece of property damaged, and the amount of damages for which compensation is to be paid as ascertained by the viewers or commissioners as above provided.
In case a part of a tract of land is taken, for which damages are allowed, and benefits assessed against the remaining portion of such tract, then such part of the damages as may be necessary shall be applied to pay off and have discharged of record any taxes or mortgages on such condemned land, and the owner of said land may have the remainder of the damages, including damages to the remaining property, if any, offset against the benefits assessed against his remaining land in the benefit district, or so much thereof as may be required to pay such benefits in full. Benefits assessed may be paid in full without interest within thirty days from date of final determination of the amount thereof. If not paid within such period of time, then they may be paid in the same manner as are general taxes: Provided, That they be due in equal amounts over not to exceed five years, and that the unpaid portions thereof bear interest at not to exceed six percent per annum, payable annually, which manner of payment and rate of interest shall be fixed by the board of county commissioners.
The net amount of the damages to be paid to acquire such land so condemned shall be advanced by the county from its general fund, and it shall thereafter receive and collect benefits in the manner provided for above, and place the same with interest thereon to the credit of its general fund.
History: L. 1947, ch. 352, § 2; April 15.
It shall thereupon be the duty of the county clerk to insert in the official county paper an appropriate notice of the time, place and purpose of such hearing, which notice shall appear in such official county paper at least twice, and the date of the last notice shall be at least three days before the date set for the hearing. The county clerk shall also mail to the owner of each tract of land for which damages have been allowed, or against which benefits have been assessed, a summarized copy of the proceedings insofar as the fixing of the benefit district, and of damages and benefits is concerned, and which notice shall also set forth the time and place and purpose of the hearing. This notice shall be mailed at least five days before the date of the hearing to all owners of land taken, or within the benefit district, as shown on the records in the office of the county treasurer at the last address given at the time of the payment of the taxes: Provided, however, That failure to receive said notice shall not affect the validity of any of these proceedings. Copies of said notice, with an affidavit or affidavits of service attached, shall be filed in the county clerk's office before the date of the final hearing.
Upon the date provided for above, there shall be a final hearing before the county commissioners or viewers, at which time said findings contained in said certificate of view shall be considered, and the final order entered in the record of the board of county commissioners, which may amend, modify, approve or disapprove the findings contained in the certificate of the commissioners or viewers. If no appeal to the district court is had within a period of ten days from the date of the final hearing as fixed by the county commissioners, then the award of damages and the assessment of benefits shall become final.
History: L. 1947, ch. 352, § 3; April 15.
Whenever such appeal is taken, whether by one or more parties in interest, no further action shall be taken by the board of county commissioners until such appeal shall have been finally determined, and the matters shall be tried de novo by the district court without the aid of a jury. No appeal bond or supersedeas bond shall be required. Within thirty days after such an appeal has been filed in the district court, the court or judge thereof shall appoint a board of three disinterested freeholders, residents of the county in which the action is pending, who shall view the land taken, award the damages and fix the boundaries of the benefit district within the limitations hereinbefore prescribed, and assess the benefits.
Before such appraisers begin their duties as such, each appraiser shall take and subscribe to an oath that he will fairly and honestly discharge his duties as such appraiser. Within thirty days after their appointment, unless the court for good cause shown shall extend the time therefor, said appraisers shall file with the court their report setting forth the amount of damages awarded for each tract of land taken, the boundaries of the benefit district, and the amounts to be assessed as benefits against the county and against each tract of land within the benefit district. Within ten days after such report is filed, the court shall fix a time for a hearing upon said report and any interested party may file his exceptions to said report before such hearing. The court or the judge thereof shall direct the clerk of the district court to give notice of the time of such hearing by a notice published for two consecutive weeks in the official county paper, the date of which hearing shall be not less than ten nor more than thirty days after the date of the last publication. At such hearing, the court shall hear such competent evidence and testimony as any interested party may offer in like manner as in the trial of civil cases.
Within twenty days after such hearing, the court shall enter judgment, which judgment shall provide that the costs incurred in such appeal including such appraisers' fees as the court may allow, shall be assessed in such manner as the court shall deem just and equitable. Within ten days after the entry of judgment, the clerk of the district court shall transmit to the county clerk a certified copy of such judgment.
History: L. 1947, ch. 352, § 4; April 15.
History: R.S. 1923, 68-118; L. 1961, ch. 299, § 7; June 30.
History: L. 1911, ch. 248, § 43; R.S. 1923, 68-119; Repealed, L. 1995, ch. 205, § 1; July 1.
History: L. 1911, ch. 248, § 52; R.S. 1923, 68-120; L. 1961, ch. 299, § 8; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1917, ch. 266, § 1; L. 1923, ch. 176, § 1; R.S. 1923, 68-121; L. 1949, ch. 342, § 1; Repealed, L. 1957, ch. 354, § 9; June 29.
History: L. 1917, ch. 266, § 2; L. 1923, ch. 176, § 2; R.S. 1923, 68-122; L. 1949, ch. 342, § 2; Repealed, L. 1957, ch. 354, § 9; June 29.
History: L. 1917, ch. 266, § 3; R.S. 1923, 68-123; Repealed, L. 1957, ch. 354, § 9; June 29.
History: L. 1919, ch. 250, § 1; R.S. 1923, 68-124; L. 2003, ch. 115, § 1; July 1.
History: L. 1921, ch. 223, § 1; R.S. 1923, 68-125; Repealed, L. 1933, ch. 309, § 27; April 3.
All orders allowing the construction of such fences and requiring the gates herein provided shall be entered upon the journal of the board of county commissioners. The said board may, in its discretion, order and direct that any gates shall remain open during certain portions of the year, the time to be fixed by said board, or in its discretion and where there is a reasonable necessity therefor and the convenience of the traveling public would not be materially affected thereby, it may order such gate or gates to be kept closed during the entire year.
History: L. 1911, ch. 248, § 38; L. 1915, ch. 289, § 1; L. 1919, ch. 248, § 1; R.S. 1923, 68-126; L. 1961, ch. 299, § 9; June 30.
History: L. 1911, ch. 248, § 39; L. 1915, ch. 289, § 2; March 27; R.S. 1923, 68-127.
History: L. 1923, ch. 179, § 1; R.S. 1923, 68-128; L. 1943, ch. 234, § 1; Repealed, L. 1961, ch. 299, § 30; June 30.
(b) Where travel is through pasture lands lying west of range 15 west of the sixth principal meridian, the township board of any township or the county commissioners of any county in which any such pasture land is wholly or partially located may construct convenient auto gates or auto passes, or both, and pay the cost and maintenance thereof out of road funds without designating such road as a public highway; and upon petition signed by twenty (20) or more legal voters of a township asking the board for a road of convenience through pasture land, to be confined to section lines, the township board or county commissioners, as the case may be, may construct and maintain necessary auto gates or passes.
Any user of such a road shall be personally liable for any damages to livestock caused by him while traveling such road, and no liability shall be incurred by the county, township, or landowner.
History: L. 1929, ch. 231, § 1; L. 1961, ch. 299, § 10; June 30.
History: L. 1929, ch. 231, § 2; Repealed, L. 1961, ch. 299, § 30; June 30.
History: L. 1911, ch. 248, §§ 50, 51; R.S. 1923, 68-129, 68-130; Repealed, L. 1961, ch. 300, § 1; June 30.
The owners shall designate in their petitions the width and kind of sidewalks, and the board shall determine the plans and specifications and material for such improvement in accordance with such petitions, and shall issue scrip to contractors for the payment of the same for five (5) years with interest at the rate of not to exceed five (5) percent, one fifth (1/5) of such scrip and interest payable each year. It shall be the duty of the county surveyor to establish the grades for all such improvements. Resident owners in this act shall be considered residents of the township wherein the improvement is sought to be made.
History: L. 1919, ch. 313, § 1; June 17; R.S. 1923, 68-131.
The township board shall advertise for bids to do such work in accordance with such plans and specifications in a newspaper in general circulation in the county where such improvement is sought to be made at least ten days before the letting. All bids shall be in writing and signed by the bidder and presented to the township board by the bidder, his agent or attorney, at a public meeting thereof, and all bids shall be considered and accepted or rejected at such meeting. The contract shall be let to the lowest responsible bidder, but the township board may reject any and all bids and shall not accept a bid in excess of the estimated cost of such improvement. The township board shall require the successful bidder to furnish a bond in equal amount of the cost of the improvement for the full and faithful performance of the contract, and another bond running to the people of the state of Kansas, conditioned for the payment of wages earned and material furnished in the performance of the contract. Said bond shall be for the full amount of said contract and shall be filed with the clerk of the district court of the county in which said township is situated.
The township board shall select a competent inspector, who shall inspect and see that said work is being done in accordance with the plans and specifications; said inspector shall receive for his services the sum of three dollars ($3) per day to be taxed as costs for such improvement and said cost shall be included in the bids of the contractors.
History: L. 1919, ch. 313, § 2; June 17; R.S. 1923, 68-132.
History: L. 1919, ch. 313, § 3; June 17; R.S. 1923, 68-133.
History: L. 1919, ch. 313, § 4; June 17; R.S. 1923, 68-134.
History: L. 1911, ch. 248, § 46; R.S. 1923, 68-135; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1911, ch. 248, § 47; R.S. 1923, 68-136; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1921, ch. 222, § 1; R.S. 1923, 68-137; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1921, ch. 222, § 2; R.S. 1923, 68-138; L. 1975, ch. 427, § 72; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1913, ch. 264, §§ 1, 2; R.S. 1923, 68-139, 68-140; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1913, ch. 264, § 3; R.S. 1923, 68-141; Repealed, L. 1933, ch. 235, § 4; June 5.
History: L. 1933, ch. 235, § 1; L. 1933, ch. 91, § 1 (Special Session); L. 1977, ch. 228, § 1; July 1.
History: L. 1933, ch. 235, § 2; June 5.
History: L. 1933, ch. 235, § 3; June 5.
History: L. 1941, ch. 315, §§ 1, 2; Repealed, L. 1947, ch. 338, § 1; June 30.
(1) "Municipality" means any city or county and any township which is not located in a county operating under the county road unit system.
(2) "Governing body" as applied to a county, means the board of county commissioners; as applied to a township means the township trustee, the township treasurer and the township clerk acting as a board; and as applied to a city means the governing body of such city regardless of the form of government of such city.
History: L. 1941, ch. 316, § 1; April 12.
Upon the adoption of such resolution, a copy thereof shall be delivered to the treasurer of such municipality and he shall credit the amount provided in such resolution to such special fund and shall debit the road, bridge or street fund as the case may be. All moneys credited to such special fund shall be used by such municipalities for the purpose of purchasing road, bridge or street building machinery or equipment or the building of bridges and such fund shall not be subject to the provisions of K.S.A. 79-2925 to 79-2937 or acts amendatory thereof or supplemental thereto, except that in making the budgets of such municipalities the amounts credited to, and the amount on hand in, such special fund and the amount expended therefrom shall be shown thereon for the information of the taxpayers of such municipalities.
If the governing body of any municipality shall determine that money which has been transferred to such special fund or any part thereof is not needed for the purposes for which so transferred, said governing body is hereby authorized and empowered by resolution to retransfer such amount not needed to the road, bridge or street fund of such municipality and such retransfer and expenditure thereof shall be subject to the provisions of K.S.A. 79-2925 to 79-2937 or acts amendatory thereof or supplemental thereto.
History: L. 1941, ch. 316, § 2; L. 1951, ch. 375, § 1; June 30.
History: L. 1917, ch. 81, §§ 1 to 3; R.S. 1923, 68-142 to 68-144; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1911, ch. 256, §§ 1, 2; R.S. 1923, 68-145, 68-146; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1911, ch. 248, § 54; R.S. 1923, 68-147; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1915, ch. 294, § 1; R.S. 1923, 68-148; Repealed, L. 1961, ch. 300, § 1; June 30.
History: L. 1921, ch. 224, § 1; R.S. 1923, 68-149; Repealed, L. 1947, ch. 338, § 1; June 30.
History: L. 1923, ch. 178, § 1; R.S. 1923, 68-150; Repealed, L. 1929, ch. 225, § 22; April 1.
History: R.S. 1923, 68-151.
History: L. 1941, ch. 313, § 1; L. 1947, ch. 339, § 1; L. 1981, ch. 173, § 68; July 1.
History: L. 1941, ch. 313, § 2; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1941, ch. 313, § 3; L. 1963, ch. 234, § 84; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1941, ch. 313, §§ 4, 5; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1943, ch. 247, § 1; L. 1957, ch. 355, § 1; L. 1970, ch. 64, § 77; L. 1978, ch. 99, § 33; Repealed, L. 1996, ch. 63, § 1; July 1.
No bonds shall be issued under the provisions of this act unless and until the question of the issuance of the same, including the total amount thereof, shall have been submitted to the qualified electors of such county at a regular election or at a special election called for that purpose and at least a majority of the legal votes cast at such election shall have been cast in favor of the issuance thereof.
All bonds issued under the provision of this act, shall be serial bonds, payable in approximately equal annual installments over a period of not to exceed thirty (30) years, and shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009 and the board of county commissioners shall make an annual tax levy on all the taxable tangible property in such county to pay the principal and interest on said bonds as the same becomes due and payable. Such election shall be called, held and conducted and the bonds issued, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise expressly provided.
History: L. 1945, ch. 276, § 1; L. 1970, ch. 64, § 78; L. 1973, ch. 263, § 1; L. 1978, ch. 99, § 34; April 25.
History: L. 1945, ch. 276, § 2; June 28.
History: L. 1945, ch. 276, § 3; June 28.
History: L. 1945, ch. 276, § 4; June 28.
History: L. 1951, ch. 376, § 1; L. 1957, ch. 356, § 1; L. 1963, ch. 234, § 85; L. 1975, ch. 427, § 73; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1951, ch. 376, § 2; Repealed, L. 2003, ch. 115, § 4; July 1.
(a) "Board" means the board of county commissioners of counties such as defined in subsection (b) hereof;
(b) "county" means any county in which there is located any land which has been or is to be inundated as a result of the construction of any dam or reservoir by the federal government or in which there is any land which is within the "take line" of any such reservoir, and in which as a result of such construction any county road or bridge has been or is to be abandoned or relocated or is to be constructed or reconstructed on the same or another site or right of way;
(c) "federal government" shall mean the government of the United States or any agency, department or officer thereof.
History: L. 1959, ch. 269, § 1; March 30.
At the next tax levying time after the issuance of such warrants said board shall make a tax levy sufficient to pay the warrants and the interest thereon: Provided, That if the board determines it to be advisable, said warrants may be issued to mature in two (2) approximately equal annual installments and in such cases, such tax levy may be made each year for a period of not to exceed two (2) years. The tax levies herein authorized shall be in addition to all other tax levies authorized or limited by law and shall not be subject to the aggregate tax levy limit prescribed by K.S.A. 79-1947 or acts amendatory thereof or that may be fixed by any other law of this state.
History: L. 1959, ch. 269, § 2; March 30.
History: L. 1959, ch. 270, § 1; March 27.
"A strip of land one hundred feet in width along the southern boundary of the Fort Leavenworth military reservation and along the southern boundary of the Leavenworth penitentiary lands being that portion of the Fort Leavenworth military reservation donated for exclusive use as a public road by act of congress approved July 27, 1868 (15 Stat. 238), which remains United States government property, being a part of state highways numbered 92 and 7, the highway numbered United States 73, and the public road known as Mount Zion road;
"Also, a strip of land one hundred feet in width being fifty feet on each side of the centerline of the highway numbered United States 73 and state highway numbered 7 extending from the north boundary of the above described one hundred-foot strip northwesterly to the point of intersection of the centerline of said highway with the westerly boundary of said Fort Leavenworth military reservation;
"Also, that portion of the right-of-way of the public road known as Mount Zion road which extends in a northwesterly direction along the southwesterly boundary of the Leavenworth penitentiary lands."
History: L. 1965, ch. 399, § 1; March 18.
History: L. 1933, ch. 236, § 1; L. 1933, ch. 92, § 1 (Special Session); Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 2; L. 1933, ch. 92, § 2 (Special Session); Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 3; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 4; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 5; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 6; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, §§ 7, 8; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 9; L. 1933, ch. 93, § 1 (Special Session); Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1931, ch. 244, § 10; Repealed, L. 1933, ch. 236, § 11; June 5; L. 1937, ch. 283, § 135; June 30.
History: L. 1933, ch. 236, § 10; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1929, ch. 84, § 2; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1929, ch. 84, § 3; L. 1931, ch. 245, § 1; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1929, ch. 84, § 4; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1929, ch. 84, § 5; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1929, ch. 84, §§ 6, 7; Repealed, L. 1937, ch. 283, § 135; June 30.
History: L. 1947, ch. 348, §§ 1, 2; Repealed, L. 2003, ch. 115, § 4; July 1.
History: L. 1947, ch. 349, § 1; June 30.
(1) May contract for a period covering not more than fifteen years with any privately or municipally owned utility or electric cooperative corporation to provide the necessary poles, wire, fixtures and appurtenances at the expense of said utility or cooperative corporation and to furnish the electrical energy and lamps necessary to operate and maintain the lighting system, such contract to be upon such terms as said board shall deem to be reasonable and just;
(2) may purchase the necessary materials and equipment and employ any person, firm or corporation to install any such lighting system or may contract with any person, firm or corporation to provide the necessary materials and equipment for the lighting system and to install the same;
(3) may enter into contracts with any electrical utility to furnish electrical energy to maintain the lighting system and lamps to operate the same.
History: L. 1947, ch. 349, § 2; June 30.
History: L. 1947, ch. 349, § 3; Repealed, L. 2002, ch. 9, § 1; July 1.
History: L. 1947, ch. 349, § 4; L. 1975, ch. 427, § 74; Aug. 15.
History: L. 1947, ch. 349, § 5; L. 1975, ch. 427, § 75; Aug. 15.
History: L. 1947, ch. 349, § 6; L. 1970, ch. 100, § 42; L. 1979, ch. 52, § 163; L. 1999, ch. 154, § 43; Repealed, L. 2003, ch. 115, § 4; July 1.
(a) Which were installed, constructed or erected prior to July 1, 1957; or
(b) which are placed on any road, street, highway or public right of way or, any detour thereof, in accordance with or as required by law.
History: L. 1957, ch. 223, § 1; July 1.
History: L. 1957, ch. 223, § 2; July 1.
History: L. 1957, ch. 357, § 5; L. 1965, ch. 393, § 1; L. 1975, ch. 349, § 1; L. 1975, ch. 427, § 76; L. 1980, ch. 204, § 1; April 3.
History: L. 1959, ch. 271, § 1; June 30.
History: L. 1959, ch. 271, § 2; L. 1975, ch. 427, § 77; Aug. 15.
History: L. 1959, ch. 271, § 3; June 30.
History: L. 1959, ch. 271, § 4; L. 1975, ch. 427, § 78; L. 2001, ch. 5, § 277; July 1.
History: L. 1972, ch. 244, §§ 1 to 5; Repealed, L. 1973, ch. 228, § 7; April 2.
History: L. 1972, ch. 288, § 1; Repealed, L. 1973, ch. 228, § 7; April 2.
History: L. 1972, ch. 243, §§ 1, 2; Repealed, L. 1973, ch. 228, § 7; April 2.
History: L. 1973, ch. 264, § 1; L. 1975, ch. 427, § 79; Aug. 15.
History: L. 1973, ch. 264, § 2; April 6.
(b) Any sprinkling of water on roads or highways, as provided in subsection (a), is hereby declared to be a public nuisance, and it shall be the duty of the county attorney or district attorney of each county of this state, upon receiving notice of such nuisance from any person, to initiate injunctive remedies, if necessary, to prevent the occurrence of any such public nuisance.
(c) Prior to seeking injunctive relief, as hereinbefore provided, the county attorney or district attorney of any county in which there exists such public nuisance shall notify or cause to be notified, the owner, occupant or person in charge of land on which the irrigation system causing a public nuisance is located that such person is maintaining a nuisance and that injunctive relief will be sought if such nuisance is not otherwise abated.
History: L. 1976, ch. 222, § 1; July 1.