Kansas Statutes

Chapter 68: Roads And Bridges

PART II.--BRIDGES

Article 11: General Provisions

Statutes:

• 68-1101: Definitions; concrete overflow bridge or ford as bridge.
• 68-1102:
• 68-1103: County roads, bridges and culverts; construction and repair; costs, financing.
• 68-1104: Construction and maintenance of bridges and culverts on county and township roads; payment of cost.
• 68-1105: Estimates, plans and specifications for bridges and culverts; employment of engineer.
• 68-1106: Construction or repair of bridges; resolution authorizing bond issuance; election upon petition; limitation in certain counties.
• 68-1107: Classification of bridges and culverts.
• 68-1108: Standard specifications.
• 68-1109: Roadway and grade of bridges and culverts on county and township roads and on highways over railroad tracks.
• 68-1110:
• 68-1111: Approval of plans by county engineer or state engineer.
• 68-1112:
• 68-1113: Bids for contracts, how made.
• 68-1113a: Consolidation of bridge construction or repair projects; lump sum bids; acceptance.
• 68-1114: Deposit with bid.
• 68-1115: Acceptance and rejection of bids; recording of bids; penalty for premature opening of bids.
• 68-1116: Day labor system; county engineer's duties; limitation.
• 68-1117: Execution of contracts; bond of contractor.
• 68-1118: Approval of contracts.
• 68-1119: Inspection of work.
• 68-1120: Payment on contracts; liability on bond of contractor.
• 68-1121: County engineer's accounts and records.
• 68-1122: Bridge or culvert on county or township lines; apportionment of expense; proceedings.
• 68-1123:
• 68-1124:
• 68-1125: Township contracts.
• 68-1126: Unsafe bridges or culverts; condemnation; report of condition; repair or reconstruction.
• 68-1127:
• 68-1128:
• 68-1129: Moving engines or heavy vehicles on bridge or culvert; penalties for unlawful acts.
• 68-1130:
• 68-1131, 68-1132:
• 68-1133:
• 68-1134:
• 68-1135: Special bridge fund; tax levy, use of proceeds.
• 68-1136: Same; use for construction, reconstruction and approaches.
• 68-1137: Loans or advances by secretary of transportation to counties for certain bridges; limitation.
• 68-1138: Same; application by county; conditions; application of tax levy revenues; approval of loan or advance; warrants; use of moneys.
• 68-1139: Same; application of tax moneys to loan or advance; duties of county treasurer; withholding of amounts from special city and county highway fund, when; transfer to highway fund.

• 68-1101: Definitions; concrete overflow bridge or ford as bridge. Unless the context clearly indicates otherwise the following words shall have the meanings herein ascribed to them wherever they appear in chapter 68 of the Kansas Statutes Annotated, and acts amendatory thereof or supplemental thereto:

        (1)   The word "bridge" shall mean a structure having a clear span of more than twenty (20) feet, measured along the center line of the road between the inside faces of end supports, and multiple-span structures where the sum of the individual clear spans plus the aggregate width of the intermediate support or supports is in excess of twenty (20) feet;

        (2)   the word "culvert" shall mean any waterway structure not defined as a bridge;

        (3)   the word "subway" shall mean a clear opening for public highway travel under a bridge or trestlework;

        (4)   the word "structure" shall mean either a bridge, a culvert or a subway.

        For the purposes of this chapter, a concrete overflow bridge or ford forty (40) feet or more in length shall be considered a bridge, and may be constructed and maintained in accordance with the laws relating to the construction and maintenance of bridges; and any concrete overflow bridge or for less than forty (40) feet in length shall be considered a culvert and may be constructed and maintained in the manner provided by law for the construction and maintenance of culverts.

        History:   L. 1917, ch. 80, § 1; L. 1919, ch. 97, § 1; R.S. 1923, 68-1101; L. 1961, ch. 299, § 23; June 30.

• 68-1102:

        History:   L. 1917, ch. 80, § 2; L. 1919, ch. 98, § 1; R.S. 1923, 68-1102; Repealed, L. 1961, ch. 300, § 1; June 30.

• 68-1103: County roads, bridges and culverts; construction and repair; costs, financing. (a) Whenever the board of county commissioners of any county shall determine that it is necessary to build or repair any road, bridge or culvert, the board may appropriate an amount equal to its share and shall make all contracts for labor, material and all other expense necessary for the construction or repair of such work in the manner provided by law or may make and let a contract for the construction or the repair thereof, but the amount appropriated shall not exceed the county engineer's estimated cost to the county for the work.

        (b)   In any county where there has been constructed prior to the passage of this act or hereafter is constructed any road, bridge or culverts which shall have been destroyed or rendered impassable, or hereafter is destroyed or rendered impassable by flood, high water, fire or other casualty, or where there is any road, bridge or culvert determined by the board of county commissioners and the county engineer as unsafe or inadequate to meet the demands of present day traffic or where the board of county commissioners has made a determination under subsection (a), then such board of county commissioners immediately thereafter may construct, repair or reconstruct such road, bridge or culvert; may adopt a resolution finding and determining a necessity for such construction, repair or reconstruction and may proceed to construct, repair or reconstruct the same at a cost to be determined by the county engineer's estimate and shall appropriate a sufficient amount of money therefor. If there is not a sufficient amount of money therefor in the proper funds of the county, such board is hereby authorized and empowered to issue general obligation bonds of the county to pay:

        (1)   The costs for the construction, repair or reconstruction of such bridge or culvert under the provisions of this subsection. Any bonds issued pursuant to this subsection to pay the costs of such bridge or culvert work shall not be subject to any limitation on the bonded indebtedness of the county; or

        (2)   the costs for the construction, repair or reconstruction of any such road under the provisions of this subsection; except that no such bonds shall be issued until the board of county commissioners shall have published a resolution authorizing the issuance of such bonds once each week for three consecutive weeks in the official county newspaper. If within 60 days following the last publication of such resolution, a petition in opposition to the issuance of such bonds, signed by not less than 5% of the qualified electors of the county, is filed with the county election officer, no bonds shall be issued unless a majority of the electors voting on the question of issuing such bonds approve the same. Such election shall be called and held in the manner provided for the calling and holding of elections under the general bond law.

        (c)   The board of county commissioners may levy and collect taxes for the purpose herein named or for the purpose of retiring any bonds that have been issued.

        History:   L. 1917, ch. 80, § 3; L. 1919, ch. 98, § 2; L. 1920, ch. 8, § 1; L. 1923, ch. 4, § 1 (Special Session); R.S. 1923, 68-1103; L. 1939, ch. 243, § 1; L. 1941, ch. 312, § 1; L. 1943, ch. 240, § 1; L. 1947, ch. 344, § 1; L. 1951, ch. 389, § 1; L. 1971, ch. 223, § 1; L. 1972, ch. 248, § 5; L. 1978, ch. 273, § 1; L. 1986, ch. 255, § 1; L. 1988, ch. 272, § 1; L. 1998, ch. 111, § 1; July 1.

• 68-1104: Construction and maintenance of bridges and culverts on county and township roads; payment of cost. The board of county commissioners shall construct, reconstruct, repair and maintain all county bridges and county culverts located on county roads and township roads and the cost of such work shall be paid from the bridge fund of the county. All township culverts shall be constructed, reconstructed, repaired and maintained by the township board of highway commissioners and the cost of such work shall be paid from the road fund of the township. Except as hereinafter provided, all approaches to culverts and bridges on township roads shall be constructed, reconstructed, and maintained by the township board of highway commissioners and the cost of such work shall be paid from the road fund of the township, except that where the payment of the costs of constructing such approaches has been authorized by a majority vote of the electors of the county in which such township is located prior to the effective date of this act, said cost of construction shall be paid from the county's bridge fund, within the limit of moneys authorized by such election. The board of county commissioners may elect to pay, from the bridge fund of the county, for the construction, reconstruction or maintenance of any approach to a culvert or bridge on a township road, in which event the township board of highway commissioners shall not be responsible therefor.

        History:   L. 1917, ch. 80, § 4; L. 1919, ch. 98, § 3; L. 1921, ch. 85, § 1; L. 1923, ch. 75, § 2; R.S. 1923, 68-1104; L. 1927, ch. 254, § 1; L. 1970, ch. 274, § 1; L. 1978, ch. 274, § 1; July 1.

• 68-1105: Estimates, plans and specifications for bridges and culverts; employment of engineer. Whenever the board of county commissioners of any county be of the opinion that it is necessary to construct or repair any county bridge or culvert it shall determine in what manner the same shall be built or repaired, and shall direct the county engineer to prepare complete plans for the same, and after the approved plans and specifications have been filed and before the notice of the letting is published the county engineer shall make and furnish to the board an accurate sworn estimate of the cost of the construction or repair of the same: Provided, That the board may employ an engineer to act in conjunction with the county engineer in preparing plans, specifications, estimates, and in superintending the construction of any bridge or culvert work: Provided, however, That no engineer shall be employed by the board to furnish or to prepare plans, specifications or estimates for any county or township bridge or culvert work, or to supervise the construction of any such work, who is in the employ of or represents any bridge company, bridge firm, or bridge contractor. Alternate plans may be put on file provided they are in accordance with the general specifications.

        History:   L. 1917, ch. 80, § 5; March 8; R.S. 1923, 68-1105.

• 68-1106: Construction or repair of bridges; resolution authorizing bond issuance; election upon petition; limitation in certain counties. Whenever the board of county commissioners of any county determines that it is necessary to build or repair any bridge, the county's share of the cost of which shall exceed the sum of $250,000, it shall pass a resolution declaring such construction or repairs a necessity. If there are not sufficient moneys in the appropriate funds of the county to pay the county's share of such cost, the board of county commissioners may authorize the issuance of bonds of the county therefor. The resolution declaring it necessary to build or repair such bridge shall specify the amount of any bonds proposed to be issued for the payment of the cost thereof and shall be published once each week for two consecutive weeks in the official county newspaper.

        If, within 30 days after the last publication of such resolution, a petition signed by 5% of the legally qualified electors of the county is presented to the board of county commissioners requesting that the question of building or repairing such bridge and the issuance of bonds of the county in payment of the cost thereof be submitted to a vote of the qualified electors of the county, the board of county commissioners shall call an election on the question of building or repairing such bridge and issuing bonds of the county in payment of the cost thereof. If no sufficient petition is filed within the prescribed time or, in the event a special election is called and held and a majority of the votes cast on the proposition submitted shall be in favor thereof, the board of county commissioners may proceed to make such construction or repairs and shall provide for the payment of the cost thereof out of appropriate funds of the county or, if specified in the resolution authorizing the same, by the issuance of bonds of the county in the amount so specified. Such bonds shall be issued in the manner prescribed in the general bond law. Nothing in this section shall apply to any bridge work or bond issue therefor under the provisions of K.S.A. 68-1401 to 68-1405, inclusive, and amendments thereto.

        In any county having a population of more than 300,000, bonds issued under the authority of this section shall not be subject to any limitation on the bonded indebtedness of such county, but the annual principal amount of bonds issued in any fiscal year under the authority of this section and K.S.A. 68-1103, and amendments thereto, shall not, in the aggregate, exceed $3,000,000.

        History:   L. 1917, ch. 80, § 6; L. 1919, ch. 98, § 4; L. 1920, ch. 8, § 2; R.S. 1923, 68-1106; L. 1951, ch. 389, § 2; L. 1971, ch. 223, § 2; L. 1976, ch. 295, § 1; L. 1978, ch. 273, § 2; L. 1983, ch. 229, § 2; L. 1986, ch. 255, § 2; May 1.

• 68-1107: Classification of bridges and culverts. Bridges and culverts located on public roads or highways of this state shall be classified as follows:

        (a)   All bridges located on county or township roads shall be known as "county bridges";

        (b)   all culverts located on county roads or within the right of way lines of a county road shall be known as "county culverts";

        (c)   all culverts located on township roads with a required opening of twenty-five (25) square feet or more, as determined by the county engineer, shall be known as "county culverts";

        (d)   all culverts located on township roads having a required opening of less than twenty-five (25) square feet, as determined by the county engineer, shall be known as "township culverts."

        History:   L. 1917, ch. 80, § 7; L. 1923, ch. 75, § 1; R.S. 1923, 68-1107; L. 1961, ch. 299, § 24; June 30.

• 68-1108: Standard specifications. That standard specifications for all bridges, culverts and railroad overhead crossings and subways shall be furnished without cost to the counties, townships and railroad companies by the secretary of transportation, and all work shall be done in accordance therewith.

        History:   L. 1917, ch. 80, § 8; R.S. 1923, 68-1108; L. 1975, ch. 427, § 142; Aug. 15.

• 68-1109: Roadway and grade of bridges and culverts on county and township roads and on highways over railroad tracks. (a) Except as otherwise provided, all bridges constructed on county major collector roads or highways and on county minor collector roads or highways shall have a clear roadway of not less than 24 feet. Except as otherwise provided, bridges constructed on township and local service roads and highways shall have a clear roadway of not less than 20 feet. A bridge over 100 feet in length constructed on a county major collector road or highway or on a county minor collector road or highway may have a clear roadway of less than 24 feet, if approved by the county engineer, and a bridge over 100 feet in length constructed on a township or local service road or highway may have a clear roadway of less than 20 feet when approved by the county engineer.

        (b)   All culverts constructed on county major collector roads or highways or on county minor collector roads or highways shall have a clear roadway of not less than 24 feet. The roadway of any bridge constructed on any public road or highway over the tracks of any railroad shall not be less than 24 feet wide for any county major collector road or highway or county minor collector road or highway and not less than 20 feet wide for any township or local service road or highway.

        History:   L. 1917, ch. 80, § 9; R.S. 1923, 68-1109; L. 1961, ch. 299, § 25; L. 1975, ch. 427, § 143; L. 1986, ch. 252, § 5; L. 2005, ch. 84, § 9; July 1.

• 68-1110:

        History:   L. 1917, ch. 80, § 10; R.S. 1923, 68-1110; Repealed, L. 1935, ch. 250, § 1; March 6.

• 68-1111: Approval of plans by county engineer or state engineer. All plans for the construction or repair of highway bridges and culverts, the estimated cost of which does not exceed the sum of $200,000, shall be submitted to the county engineer for approval. If the estimated cost thereof exceeds the sum of $200,000, such plans and estimates, before final adoption, shall be submitted to the state transportation engineer for approval.

        The state transportation engineer shall examine and return the same with the engineer's approval or with such changes and modifications as the engineer may require noted thereon, with the reasons therefor. The plans shall be changed to conform to the requirements of the state transportation engineer, and shall be adopted by the board of county commissioners and all work done in accordance therewith. No contract shall be legal and binding on the county unless the plans and estimates of cost have been approved by the county engineer or the state transportation engineer, as provided in this section. All estimates for bridges and culverts shall be made separately from the dirt approaches thereto. On low-water bridges with roadways 18 feet or more in width no guardrail shall be required unless the county board deems it necessary.

        History:   L. 1917, ch. 80, § 11; R.S. 1923, 68-1111; L. 1957, ch. 364, § 1; L. 1971, ch. 224, § 1; L. 1975, ch. 427, § 144; L. 1979, ch. 212, § 1; L. 1986, ch. 255, § 3; May 1.

• 68-1112:

        History:   L. 1917, ch. 80, § 12; R.S. 1923, 68-1112; L. 1961, ch. 299, § 26; L. 1975, ch. 353, § 1; Repealed, L. 1980, ch. 86, § 2; July 1.

• 68-1113: Bids for contracts, how made. All bids shall be made on the proposal blanks furnished by the county, signed by the bidder, sealed and presented by the bidder, the bidder's agent or attorney or sent by mail, to the county clerk. The board shall conduct the letting of all contracts for bridge and culvert work in such a manner as to give free, open competition, and all qualified bidders shall be given an equal opportunity to bid upon the plans and specifications on file, and they shall be required when bidding a lump sum on two or more bridges or culverts to also submit a separate proposal on each of the bridges or culverts included in their proposals.

        History:   L. 1917, ch. 80, § 13; R.S. 1923, 68-113; L. 1975, ch. 427, § 145; L. 2004, ch. 40, § 3; July 1.

• 68-1113a: Consolidation of bridge construction or repair projects; lump sum bids; acceptance. Whenever the board of commissioners of any county is authorized to let contracts for the construction or repair of two or more bridges, the board of commissioners may consolidate any of such bridge construction or repair projects and may let a single contract therefor in the manner prescribed by law. All bidders for a contract for the construction or repair of two or more bridges shall submit a separate proposal on each such bridge construction or repair project included under such contract as required by K.S.A. 68-1113, and any amendments thereto. When bids are let for such a consolidated project, the board shall accept the lowest lump sum bid for such consolidated project if such lump sum bid is less than the sum of the lowest bid for each separate bridge or culvert included in such consolidated project and may accept the lowest lump sum bid in any other case.

        History:   L. 1975, ch. 348, § 1; May 6.

• 68-1114: Deposit with bid. Each bidder shall be required to deposit with such bidder's proposal a good and sufficient surety bond issued by a company authorized to do business in this state, a certified check or a cashier's check in an amount of not less than 5% of such bid proposal, in the discretion of the board, payable to the county treasurer. If the bidder to whom the contract is awarded shall fail to accept and execute the contract and file a bond as provided in this act, the bidder's check shall be forfeited and paid to the county treasurer and the board may award the contract to the next lowest responsible bidder.

        History:   L. 1917, ch. 80, § 14; R.S. 1923, 68-1114; L. 1970, ch. 274, § 2; L. 1973, ch. 106, § 25; L. 1975, ch. 353, § 2; L. 2004, ch. 40, § 4; July 1.

• 68-1115: Acceptance and rejection of bids; recording of bids; penalty for premature opening of bids. The bids received shall be opened publicly by the board or the board's designee at the place, date and hour named in the advertising notice, and shall be recorded in detail in the minutes of the board of county commissioners or a record kept for that purpose by the county clerk. All bids shall be considered and accepted or rejected. In case the work is let at such public letting or thereafter, the contract shall be awarded to the lowest responsible bidder, or the board may, if it deems the proposals too high, reject all bids and readvertise the work as before, or it may let the work privately by submitting the contract, with a statement of the reasons for rejecting the bids at the public letting, to the secretary of transportation for approval, except that no contract shall be let at an amount exceeding 110% of the county engineer's estimated cost or at a higher price than the lowest responsible bid received at the public letting. The opening of any bid by any person after the bid has been filed with the county clerk and before the time appointed for the opening of bids shall be a class C misdemeanor.

        History:   L. 1917, ch. 80, § 15; R.S. 1923, 68-1115; L. 1975, ch. 427, § 146; L. 2004, ch. 40, § 5; L. 2005, ch. 81, § 2; July 1.

• 68-1116: Day labor system; county engineer's duties; limitation. Nothing in this act shall prohibit the board from buying materials and contracting all or any part of the labor or purchasing or renting equipment to do the work by day labor under the direction of the county engineer. Prior to beginning the construction or repair of any bridge or culvert work by day labor the approved plans and specifications and the county engineer's estimates of the cost must be filed in the county clerk's office, and the said county engineer shall keep an accurate itemized account of all expenditures for labor and materials and work performed and file a signed statement of the same in the office of the county clerk at the end of each month and final statement when the work is completed. The provisions of this section shall not apply to any work the estimated cost of which exceeds fifty thousand dollars ($50,000).

        History:   L. 1917, ch. 80, § 16; L. 1919, ch. 98, § 5; R.S. 1923, 68-1116; L. 1961, ch. 299, § 27; L. 1963, ch. 338, § 1; L. 1971, ch. 223, § 3; L. 1979, ch. 212, § 2; July 1.

• 68-1117: Execution of contracts; bond of contractor. Within 21 days after any public letting, the bidder to whom any contract shall be awarded shall enter into contract with the board of county commissioners and shall give bond to the county in a penal sum equal to the amount of the contract price, conditioned upon the faithful performance of the contract and guaranteeing the county against loss from defects of workmanship and materials. The sufficiency of the bond shall be approved by the chairperson of the board of county commissioners, but the county shall not be bound until the county attorney or county counselor approves the form as legal and binding upon both parties by the county attorney's or county counselor's signature endorsed thereon.

        History:   L. 1917, ch. 80, § 17; R.S. 1923, 68-1117; L. 2004, ch. 40, § 6; L. 2005, ch. 81, § 3; July 1.

• 68-1118: Approval of contracts. It is hereby made the duty of the county attorney or county counselor:

        (a)   To personally examine as to form, the advertisement, proposal, contract, plans, specifications, bond and the minutes of the board's meeting for each bridge or culvert proposed to be built or repaired by contract; and

        (b)   to determine whether the contract has been awarded in strict compliance with this act.

        No contract shall be legal and binding on the county until the contract is signed by the chairperson of the board of county commissioners, by order of the board at a legal meeting thereof, and approved by the county attorney or county counselor by the county attorney's or county counselor's signature endorsed thereon.

        History:   L. 1917, ch. 80, § 18; R.S. 1923, 68-1118; L. 2004, ch. 40, § 7; July 1.

• 68-1119: Inspection of work. If the county engineer deems it necessary the county engineer shall appoint, with the approval of the board, a competent inspector to inspect the construction of any bridge or culvert work. The county engineer shall be in direct charge of all construction work and may remove such inspector at any time for cause, except that when federal aid is granted for the construction of any bridge or culvert work such construction shall be under the direct supervision of the secretary of transportation. The fact that the county has an inspector on the work shall not release the contractor from the entire fulfillment of the terms of such contractor's contract.

        History:   L. 1917, ch. 80, § 19; R.S. 1923, 68-1119; L. 1975, ch. 427, § 147; L. 2004, ch. 40, § 8; July 1.

• 68-1120: Payment on contracts; liability on bond of contractor. The board of county commissioners may make partial payments upon written estimate of their engineer, on any contract for bridge or culvert work under this act as the work progresses, except that at no time shall more than 95% of the estimate of the materials at such time furnished and of the work at such time done be paid in advance of the full and satisfactory completion of the work. Final payment shall not be made on any of such contracts until the county engineer has inspected the structure and certified in writing that the work has been done properly and completed according to contract, plans and specifications, and the labor and materials have been paid for, and the county engineer's certificate to that effect has been filed in the office of the county clerk. The acceptance of any bridge or the approval thereof shall not relieve the contractor or sureties of such contractor from any liability for any failure to fully perform the contract or under any provisions of such contractor's bond.

        History:   L. 1917, ch. 80, § 20; L. 1919, ch. 98, § 6; R.S. 1923, 68-1120; L. 1975, ch. 354, § 1; L. 2004, ch. 40, § 9; July 1.

• 68-1121: County engineer's accounts and records. It shall be the duty of the county engineer in the several counties of the state to keep separate itemized accounts of all expenditures for the construction and maintenance of each county bridge and culvert in a record prepared for that purpose.

        History:   L. 1917, ch. 80, § 21; L. 1919, ch. 98, § 7; R.S. 1923, 68-1121; L. 1961, ch. 299, § 28; L. 2004, ch. 40, § 10; July 1.

• 68-1122: Bridge or culvert on county or township lines; apportionment of expense; proceedings. If a county bridge or culvert be necessary on any public highway that is on or near to a county line or divides one county from another in this state, the boards of both counties may unite in the construction, repairing and maintenance of such structure; and the expense shall be defrayed by both counties in proportion to their assessed valuation on the last assessment rolls, unless the boards of county commissioners of the counties shall agree upon another distribution of such expense.

        Either of the said counties may give notice to the other of the meeting of said boards for the purpose mentioned in this section, and in all such cases the same proceedings, so far as applicable, shall be as provided for in this act: And provided, That under similar conditions two townships, whether they be in the same or different counties, may unite and proceed in the same manner as required in this act for the construction, repair and maintenance of township bridges and culverts: And provided further, That if a bridge or culvert be necessary on a public highway that is on or near to a state line the county or township, as the case may be, may unite with the county or township of such adjoining state in the construction, repair and maintenance of such structure as herein provided: Provided further, That should there be a demand for a county bridge or culvert upon or near a county line, and the county commissioners of the respective counties cannot agree upon the construction or repair of such a bridge or culvert, then the matter shall be referred to the secretary of transportation, the decision and direction of which shall be binding upon the boards of county commissioners of both counties; and in case of a township bridge or culvert the same shall be referred to the board of county commissioners, who shall proceed in the manner described above, and their decision shall be final and binding on the boards of township commissioners of both townships.

        History:   L. 1917, ch. 80, § 22; R.S. 1923, 68-1122; L. 1957, ch. 365, § 1; L. 1975, ch. 427, § 148; Aug. 15.

• 68-1123:

        History:   L. 1917, ch. 80, § 23; R.S. 1923, 68-1123, L. 1975, ch. 427, § 149; Repealed, L. 2004, ch. 39, § 1; July 1.

• 68-1124:

        History:   L. 1917, ch. 80, § 24; R.S. 1923, 68-1124; Repealed, L. 1995, ch. 114, § 1; July 1.

• 68-1125: Township contracts. The township board in letting contracts for the construction or maintenance of township culverts shall follow the plans and specifications of the county engineer.

        History:   L. 1917, ch. 80, § 25; R.S. 1923, 68-1125; L. 2004, ch. 40, § 11; July 1.

• 68-1126: Unsafe bridges or culverts; condemnation; report of condition; repair or reconstruction. Whenever the county engineer deems any bridge or culvert unsafe for traffic, he shall condemn the same and shall cause to be put up at each end of such structure in a substantial manner a notice, which shall be printed in conspicuous letters with the following words, "condemned by the county engineer," with his signature to same, and shall, if necessary, erect structures sufficient to prevent travel upon such condemned bridge. The county engineer or township trustee shall immediately report the condition of said bridge or culvert to the county or township board, as the case may be, with his recommendations as to what improvements are necessary, and such board shall commence at once the proceedings necessary to repair or reconstruct the same.

        History:   L. 1917, ch. 80, § 26; R.S. 1923, 68-1126; L. 1972, ch. 248, § 6; July 1.

• 68-1127:

        History:   L. 1917, ch. 80, § 27; R.S. 1923, 68-1127; Repealed, L. 1961, ch. 300, § 1; June 30.

• 68-1128:

        History:   L. 1917, ch. 80, § 28; R.S. 1923, 68-1128; Repealed, L. 1961, ch. 300, § 1; June 30.

• 68-1129: Moving engines or heavy vehicles on bridge or culvert; penalties for unlawful acts. All persons owning, controlling, operating, or managing a steam or gasoline threshing engine, sawmill engine, traction engine of any kind, or any vehicle of great weight, and moving the same over the public highway, are required to lay down planks not less than one foot wide, three inches in thickness, and of sufficient length on the floor of all bridges and culverts, and across all crosswalks in incorporated towns and villages, situated on the public highways, while crossing the same, for the wheels of the said engine or heavy vehicle to run on while crossing such bridge, culvert or crosswalk; all such bridges, culverts and crosswalks shall be planked in such manner as will prevent injury from all mechanical devices such as lugs: Provided, That this section shall not apply to any truck or wagon with its load not exceeding five tons in combined weight, or to bridges and culverts having a concrete, brick or stone floor covered with not less than four-inch wearing surface of earth, gravel, macadam or other durable material: Provided further, That no person, firm or corporation hereafter seeking to recover damages against any city, township or county under the provisions of this section shall secure a judgment therein unless the jury find that such person, firm or corporation had, before receiving the injury complained of, complied with the provisions of this section: Provided further, That any person owning, controlling, operating or managing any engine or vehicle as hereinbefore described, who shall crush or damage any bridge or culvert with such engine or vehicle on any highway, either while complying with the preceding provisions of this section as to planking or by neglecting to so plank, while crossing the same shall place a warning signal of sufficient size and character, and in plain view of all parties using said highway, at a distance of three hundred feet from each end of such damaged bridge or culvert, and further, shall notify a member of the township board of the township within which such bridge or culvert is located, in writing, either by United States mail or in person, within twenty-four hours after the time said bridge or culvert shall have been crushed or damaged, stating in such written notice the time at which such damage occurred, and stating the point in the road at which such bridge or culvert is located, and the nature and extent of the damage done thereto.

        Any person or persons who shall violate any provision of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not more than two hundred dollars ($200).

        History:   L. 1917, ch. 80, § 29; L. 1919, ch. 99, § 1; June 17; R.S. 1923, 68-1129.

• 68-1130:

        History:   L. 1917, ch. 80, § 30; R.S. 1923, 68-1130; L. 1965, ch. 394, § 3; Repealed, L. 1970, ch. 366, § 22; April 1.

• 68-1131, 68-1132:

        History:   L. 1917, ch. 80, §§ 31, 32; R.S. 1923, 68-1131, 68-1132; L. 1973, ch. 106, §§ 26, 27; Repealed, L. 2004, ch. 39, § 1; July 1.

• 68-1133:

        History:   L. 1933, ch. 245, § 1; Repealed, L. 1961, ch. 300, § 1; June 30.

• 68-1134:

        History:   L. 1935, ch. 252, § 1; L. 1961, ch. 299, § 29; L. 1975, ch. 427, § 150; Repealed, L. 2004, ch. 39, § 1; July 1.

• 68-1135: Special bridge fund; tax levy, use of proceeds. The board of county commissioners of any county is hereby authorized to make an annual tax levy of not to exceed two mills upon all the taxable tangible property of the county for the purpose of creating and providing a special fund to be used in building and reconstructing bridges and culverts and constructing the approaches thereto or to be used in repaying loans or advances received from the highway fund and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. The board of county commissioners shall determine the total amount necessary to be raised for such fund.

        Such tax levies shall be in addition to all other levies authorized by law and shall not be subject to or within any fund limit or aggregate tax levy limit prescribed by K.S.A. 79-1947, and amendments thereto. Such special bridge fund shall not be subject to the provisions of K.S.A. 79-2925 to 79-2941, inclusive, and any acts amendatory thereof, except that in making the budgets of such counties the amounts credited to and the amount on hand in such special bridge fund and the amount expended therefrom shall be shown thereon for the information of the taxpayers of the county.

        History:   L. 1951, ch. 393, § 1; L. 1959, ch. 267, § 1; L. 1963, ch. 339, § 4; L. 1965, ch. 396, § 1; L. 1972, ch. 248, § 7; L. 1979, ch. 52, § 167; L. 1985, ch. 233, § 1; July 1.

• 68-1136: Same; use for construction, reconstruction and approaches. When a sufficient fund has been created by the annual tax levy authorized by K.S.A. 68-1135, and amendments thereto, or at any time after the first levy has been made, the board of county commissioners may make expenditures from the special bridge fund for the purpose of construction and reconstruction of bridges and culverts and the approaches thereto.

        History:   L. 1951, ch. 393, § 2; L. 1985, ch. 233, § 2; July 1.

• 68-1137: Loans or advances by secretary of transportation to counties for certain bridges; limitation. The secretary of transportation is hereby authorized and directed to make noninterest bearing loans and advances to any county to provide such county with funds to pay its share of the cost of building or reconstructing a bridge over a navigable stream and construction of the approaches thereto where such stream comprises the boundary line or part of the boundary line between counties and which bridge is located on a county major collector road which is not a part of the regular state highway system, provided that the total amount of such loans and advances outstanding at any one time shall not exceed $2,000,000.

        History:   L. 1963, ch. 339, § 1; L. 1975, ch. 427, § 151; L. 2005, ch. 84, § 10; July 1.

• 68-1138: Same; application by county; conditions; application of tax levy revenues; approval of loan or advance; warrants; use of moneys. Any county desiring to obtain a loan or advance shall make an application therefor to the secretary of transportation. Said application shall be filed in the secretary's office and shall be in such form as said secretary shall prescribe and shall be signed by at least two (2) members of the board of county commissioners and attested by the county clerk of the county making the application. Said application shall contain a provision whereby the board of county commissioners shall agree on behalf of the county to repay any loan or advance made thereunder by annually levying the maximum tax levy authorized by K.S.A. 68-1135 as long as it shall be necessary in order to repay in full the loan or advance and that the proceeds of such tax levy will be remitted by the county treasurer to the secretary of transportation: Provided, That if prior to the making of such application, such county shall have commenced the making of tax levies under K.S.A. 68-1135 for the purpose of building or reconstructing another bridge and constructing the approaches thereto, the funds derived from such tax levies first shall be applied to paying the cost of building or reconstructing such other bridge and constructing the approaches thereto, and when said cost has been paid the funds derived from subsequent tax levies shall be applied to the payment of the loan or advance as agreed to between the county and the secretary of transportation.

        Said secretary shall examine the application and if the secretary shall find that it is in proper form and: (a) That the bridge to be built or reconstructed is one located as described in K.S.A. 68-1137; and (b) that the amount to be expended for the building or reconstruction of the bridge and the construction of approaches thereto is reasonable, it shall make the loan or advance by issuing its voucher against the highway fund and in favor of the county making the application for the amount of the loan or advance applied for. The warrant issued upon said voucher shall be forwarded to the county treasurer of the county making the application. Upon receipt of such warrant, the county treasurer shall place the same in a special fund to be used only for the building or reconstruction of the bridge for which the loan or advance was made and the construction of the approaches thereto. Any moneys received by a loan or advance under the provisions of this act in any budget year may be expended during such budget year even though such expenditure was not included in the budget for that year.

        History:   L. 1963, ch. 339, § 2; L. 1975, ch. 427, § 152; Aug. 15.

• 68-1139: Same; application of tax moneys to loan or advance; duties of county treasurer; withholding of amounts from special city and county highway fund, when; transfer to highway fund. The county treasurer of any county receiving a loan or advance under the provisions of this act, shall on February 15, and August 15 of each year pay to the secretary of transportation any moneys in the special fund created under the authority of K.S.A. 68-1135, and amendments thereto, which are to be applied to the payment of such loan or advance under the provisions of this act. Upon the receipt of any such payment, the secretary of transportation shall remit the same to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the highway fund.

        If any county shall fail to make the tax levy or any payment herein required for on any loan or advance, the secretary of transportation shall advise the state treasurer, from time to time, of the amount currently due from such county and the state treasurer is authorized and directed to withhold such amount from the amount distributable on the next distribution date to said county from the special city and county highway fund created by K.S.A. 79-3425, and amendments thereto.

        The state treasurer shall notify the state director of accounts and reports of the amount so withheld and thereupon the state director of accounts and reports shall transfer said amount from the special city and county highway fund to the highway fund. Upon making such transfer the state director of accounts and reports shall notify the state treasurer who shall make the proper entries in the records of his or her office to show such transfer.

        History:   L. 1963, ch. 339, § 3; L. 1973, ch. 267, § 1; L. 1975, ch. 427, § 153; L. 2001, ch. 5, § 280; July 1.