Kansas Statutes

Chapter 68: Roads And Bridges

PART II.--BRIDGES

Article 14: Reconstruction Of Bridges

Statutes:

• 68-1401: Reconstruction of bridges in counties over $90,000,000 valuation; bonds; railroad grade separation structures, apportionment of cost; special assessments, when.
• 68-1402: Same; separate contracts for each bridge; sealed bids; surveys and plans.
• 68-1403: Same; issuance of bonds.
• 68-1404: Counties over $90,000,000 valuation; joint contracts; duties and liabilities of railways; monthly rental contracts.
• 68-1405: Same; bridges over navigable river; sale; removal; contracts for maintenance and repair.
• 68-1406: Counties having more than $110,000,000 valuation; construction of new bridge, when; bond issue.
• 68-1406a: Same; act supplemental.
• 68-1407: Same; surveys, plans and specifications; letting of contracts; publication notice; bond of contractor.
• 68-1408: Same; issuance of bonds; tax levy.
• 68-1409: Counties over $110,000,000 valuation; use of bridge for railway or other purposes; compensation; use of proceeds; monthly rental contracts.
• 68-1410: Same; contracts for maintenance and repair.
• 68-1410a: Ordinance or resolution under 68-1404 and 68-1409; publication; hearing after written objections filed; notice; term of contract.
• 68-1411: Repair of certain bridges in counties between 140,000 and 200,000; bond issue.
• 68-1412: Joint contracts for bridge improvement in certain abutting counties; bonds; tax levy.
• 68-1413: Replacement, reconstruction or repair of certain bridges damaged by flood or other casualty; use of funds; bonds.
• 68-1414: Same; changing channel of river or erection of structures; use of funds; bonds.

• 68-1401: Reconstruction of bridges in counties over $90,000,000 valuation; bonds; railroad grade separation structures, apportionment of cost; special assessments, when. Whenever in any county having an assessed valuation for taxation purposes of over ninety million dollars the board of directors of any drainage district organized under the laws of this state, under the powers vested in them, shall prescribe, regulate or fix the height of any public bridge located within said district or the length of spans and the location of piers or abutments of any such bridge, or shall locate harbor lines for or establish the channel of any stream within such district, and shall notify and request, in writing, the board of county commissioners to change, alter or reconstruct any such bridge or bridges to conform to such harbor lines, channel or requirements; or whenever in any county the secretary of war of the United States, or any other competent authority, shall request, order or direct, in writing, the reconstruction, raising or lengthening of any public bridge, or the spans thereof, over any navigable stream, or shall request, order or direct the reconstruction or relocation of the piers or abutments of any public bridge over a navigable stream, or shall establish harbor lines or otherwise designate the channel for any navigable stream, and shall request, order or direct the reconstruction of bridges to conform thereto; the board of county commissioners of the county wherein such public bridge is located is hereby authorized and empowered to reconstruct such bridges and approaches thereto, and grade separation structures connected therewith, raise, lengthen and repair such bridges, and to reconstruct, remove and relocate the abutments and piers thereof, and to improve such bridges in any other respect required, and to do any and all acts necessary to conform to such requirements, in the manner hereinafter provided, and for the purpose of paying for such improvements may issue bonds of such county without the same being authorized by any election, and subject only to the limitations contained in this act.

        The amount of bonds so authorized to be issued shall not exceed the actual cost of such improvements: Provided, That whenever any bridge is reconstructed under the provisions of this act and said bridge is or may be connected with grade separation structures over the tracks and rights of way of any railroad company or companies, the cost of constructing or reconstructing said grade separation structures shall be paid for in the following proportions:

        The county shall pay one-half of the cost of constructing or reconstructing said grade separation structures and issue its general obligation bonds to pay the cost of the same; the remaining cost shall be paid by the railroad company or companies over whose tracks and rights of way such grade separation structure is constructed. When two or more railroad companies own and operate separate lines of track to be crossed by any such grade separation structure, the proportion of the cost thereof, including the approaches thereto, to be borne by each shall be determined by the board of county commissioners. Such cost to any railroad company as determined by the board of county commissioners shall from the time of notification to such company constitute a lien against all of its properties in favor of the county and may be collected by an action brought in any court of competent jurisdiction.

        The bonds for which provision is made in this section shall be issued as now provided by law; or in lieu of enforcing the cost of such amount by a suit at law the county may issue special improvement bonds of the county to pay for said improvement and levy special assessment against the property of such railroad company or companies to pay such bonds and interest.

        History:   L. 1909, ch. 64, § 1; R.S. 1923, 68-1401; L. 1949, ch. 348, § 1; April 15.

• 68-1402: Same; separate contracts for each bridge; sealed bids; surveys and plans. The reconstruction, improvement, removal and relocation of bridges or approaches thereto provided for in this act shall be by written contract separately made and awarded as to each bridge, to the lowest responsible bidder, upon sealed proposals, based upon plans and specifications therefor on file in the office of the county clerk of the county. The county surveyor of the county, when so directed to do by the board of county commissioners, shall make all necessary surveys and investigations and prepare plans and specifications for the reconstruction, improvement, removal or relocation of any bridge or the approaches thereto, and grade separation structures connected therewith, together with an estimate under oath of the cost thereof, and file such plans, specifications and estimate in the office of the county clerk of the county. No contract shall be awarded for any such improvement at a price in excess of said estimated cost.

        The board of county commissioners shall have power, if they deem it necessary, to employ engineers to assist the county surveyor in preparing plans and specifications or superintending the construction of such improvements, and to pay such engineers out of the proceeds of bonds issued on account of the cost thereof. After considering and approving plans and specifications, prepared and filed as aforesaid, the board of county commissioners shall advertise for three consecutive weeks in the official county paper for sealed proposals for the construction of such improvements or works, in accordance with the plans and specifications therefor. The board of county commissioners shall require any contractor to whom any such contract is awarded to enter into a written contract, and to secure the performance thereof by a bond signed by a surety company. All bids for the construction of any such improvement or work shall be presented simultaneously to the board of county commissioners and opened forthwith by them, in the presence of the public and all bidders present.

        History:   L. 1909, ch. 64, § 2; R.S. 1923, 68-1402; L. 1949, ch. 348, § 2; L. 2006, ch. 124, § 6; July 1.

• 68-1403: Same; issuance of bonds. In order to pay for the reconstruction, improvement, removal or relocation of any bridge and approaches thereto, provided for in this act, the board of county commissioners of such counties shall be and are hereby authorized and empowered, for and on behalf of such counties, to issue negotiable bonds of such counties as provided by law. Such bonds and the interest thereon shall be paid by a general tax levied upon all the taxable property of the county.

        History:   R.S. 1923, 68-1403; Dec. 27.

• 68-1404: Counties over $90,000,000 valuation; joint contracts; duties and liabilities of railways; monthly rental contracts. The board of county commissioners is hereby authorized to enter into contracts with any county, township, city, drainage district, municipality, person, company or corporation, located within or without this state, for the reconstruction, improvement, removal, relocation, maintenance, regulation or use of any bridge and approaches thereto, reconstructed under this act, and if such contract shall be entered into between any board of county commissioners of such county and any other county, township, city, drainage district, municipality, person, company or corporation, as to the reconstruction, improvement, removal, relocation, maintenance, regulation or use of any such bridge or bridges, then such commissioners shall not issue the bonds of the county for a greater amount on account of the reconstruction, improvement, removal or relocation of any such bridge or bridges than the cost thereof, after deducting therefrom the amount paid or agreed to be paid by such other county, township, city, drainage district, municipality, person, company or corporation: Provided, That no contract with or contribution by any such other county, township, city, drainage district, municipality, person, company or corporation for the joint use of any bridge or the construction thereof shall confer upon any such other county, township, city, drainage district, person, company or corporation any exclusive privilege or right to use such bridge or preclude the county commissioners of the county reconstructing, improving or relocating any such bridge from the granting of like or similar privileges to others to use such bridge upon such terms as may be prescribed by such board of county commissioners or other authorities having control thereof.

        No railway company, other than a street railway company, shall construct and use any tracks upon, or use any tracks constructed by the county upon, any bridge reconstructed or improved under the provisions of this act without first paying to the county reconstructing or improving such bridge one-half of the net cost to the county of the latest such reconstruction or improvement of such bridge and the approaches thereto; and no street railway company shall construct and use any tracks upon, or use any tracks constructed by the county upon, any bridge reconstructed or improved under the provisions of this act without first paying to the county reconstructing or improving such bridge such sum as the board of county commissioners or other authorities having control of such bridge shall deem reasonable but not less than twenty percent of the net cost to the county of the latest such reconstruction or improvement of such bridge and the approaches thereto; and no other person or corporation shall use such bridge or the piers thereof for any private use without first paying to the county constructing the same such sum as the county commissioners thereof, or other authorities having control of such bridge, shall require as compensation for such use.

        If any railway corporation, other than a street railway corporation, shall construct, and use any tracks upon, or use any tracks constructed by the county upon, any bridge reconstructed or improved under the provisions of this act without first paying therefor as above provided, it shall thereupon become liable to the county for one-half of the net cost to the county of the latest reconstruction or improvement of such bridge, and such county may sue for and recover such sum in any court of competent jurisdiction, and the use of the tracks on such bridge by such railway corporation may also be enjoined until compensation is made therefor, as hereinbefore provided. If any street railway corporation shall construct and use any tracks upon, or use any tracks constructed by the county upon, any bridge reconstructed or improved under the provisions of this act without first paying therefor as above provided, it shall thereupon become liable to the county for the reasonable value of such use but not less than twenty percent of the net cost to the county of the latest such reconstruction or improvement of such bridge, and such county may sue for and recover such sum in any court of competent jurisdiction, and the use of the tracks on such bridge by such street railway corporation may also be enjoined until compensation is made therefor, as hereinbefore provided.

        All money received for the use of such bridges shall be used in the reconstruction or improvement thereof, or in the payment of bonds and interest thereon, issued on account of the reconstruction or improvement of such bridges: Provided, however, That the board of county commissioners may make a contract for monthly rental with any street railway company for the construction and use of tracks upon, or for the use of tracks constructed by the county upon, any such bridge. Such monthly rental shall not be less than a sum sufficient to pay the interest on one-twelfth of twenty percent of the annual interest charge on the bonds issued by the county for the latest reconstruction or improvement of such bridge and the approaches thereto and one-twelfth of twenty percent of the principal to be retired each year of the bonds issued therefor.

        History:   R.S. 1923, 68-1404; L. 1947, ch. 346, § 1; Feb. 11.

• 68-1405: Same; bridges over navigable river; sale; removal; contracts for maintenance and repair. It shall be the duty of the county commissioners of any county of this state to which this act applies now or hereafter having therein any public bridge or bridges over any navigable river, which bridge or bridges have been ordered or shall hereafter be ordered or required by the secretary of war of the United States, or the board of directors of any drainage district organized under the laws of this state, in any county having an assessed valuation for taxation purposes of over ninety million dollars, to be removed, relocated, reconstructed or improved, to take possession of such bridges and to forthwith remove, relocate, reconstruct or improve the same, as may be necessary and proper, and the ownership and control of such bridges is hereby vested in such counties, and the board of county commissioners thereof are hereby authorized and empowered to use any part or portion of any such bridge in the reconstruction of such bridges or of any other bridge or viaduct situated in their county, or to sell or dispose of the materials composing any such bridge, and to use the proceeds of such sale in the reconstruction or improvement of bridges over rivers situated in said county. The provisions of this act shall apply to all public bridges and approaches thereto and grade separation structures connected therewith, and all parts thereof, used by any street railway company or any other corporation, and to all public bridges and approaches thereto and grade separation structures connected therewith heretofore constructed over any such river by counties, either with or without the aid, assistance or co-operation of any street railway company or other person or corporation, and also to public bridges and the approaches thereto and grade separation structures connected therewith situated in or constructed by or under the control of any city or any other municipality.

        Should any relocation, change or alteration of the channel of any river by any competent authority necessitate the removal, relocation or reconstruction of bridges and the approaches thereto and grade separation structures connected therewith over the channel of such river as relocated or altered, such work shall be done and such improvements made under the provisions of this act. Bridges and the approaches thereto and grade separation structures connected therewith, constructed, reconstructed, improved or relocated under the provisions of this act shall be under the control of and maintained by the board of county commissioners of the county, and such county commissioners shall also have power to contract with any city in which any such bridge is situated, or with any corporation using any such bridge, for the maintenance or repair thereof.

        History:   L. 1909, ch. 64, § 5; R.S. 1923, 68-1405; L. 1949, ch. 348, § 3; April 15.

• 68-1406: Counties having more than $110,000,000 valuation; construction of new bridge, when; bond issue. Whenever the board of county commissioners of any county of this state, having an assessed valuation for taxation purposes of more than one hundred and ten million dollars, has heretofore been ordered or required, or shall hereafter be ordered or required, to remove, relocate, reconstruct or otherwise improve any public bridge under the provisions of K.S.A. 68-1401 to 68-1405, and there is any portion of such bridge which has not been used, or which is not practicable to use, in the reconstruction thereof, said board of county commissioners is hereby authorized and empowered to locate, erect and construct another bridge over any river in said county and located within two miles of the bridge so ordered or required to be removed, relocated, reconstructed or improved and to use in the construction thereof such portion of the bridge so ordered or required to be removed, relocated, reconstructed or improved as may be practicable, and for the purpose of paying any cost and expense of the construction of such other bridge, may issue the bonds of such county without the same being authorized by any election called or held for such purpose, not exceeding in amount the sum of four hundred and eighty thousand dollars and subject only to the limitations contained in K.S.A. 68-1407, 68-1408, 68-1409 and 68-1410.

        History:   L. 1913, ch. 69, § 1; L. 1919, ch. 101, § 1; June 17; R.S. 1923, 68-1406, 1.

• 68-1406a: Same; act supplemental. This act is supplemental to and is to be construed as amendatory of and not as repealing K.S.A. 68-1401 to 68-1405.

        History:   L. 1919, ch. 101, § 2; June 17; R.S. 1923, 68-1406, 2.

• 68-1407: Same; surveys, plans and specifications; letting of contracts; publication notice; bond of contractor. The county surveyor of said county, when so directed to do by the board of county commissioners, shall make all necessary surveys and investigations and prepare plans and specifications for the construction of such bridge and the approaches thereto, together with an estimate, under oath, of the cost thereof, and file such plans, specifications and estimate in the office of the county clerk of said county. Said bridge shall be constructed under written contract made and awarded to the lowest responsible bidder, upon sealed proposals therefor based upon the plans and specifications so prepared and filed in the office of the county clerk of said county. No contract shall be awarded therefor at a price in excess of said estimated cost.

        The plans and specifications prepared and filed as above provided shall be considered and approved by the board of county commissioners and thereafter said board shall advertise for three consecutive weeks in the official county paper for sealed proposals for the construction of said bridge, and the contract therefor shall be awarded to the lowest responsible bidder, and any contractor to whom any such contract is awarded, shall enter into a written contract therefor and to secure the faithful performance thereof shall file in the office of the county clerk of said county a bond duly executed by one or more surety companies duly authorized to do business in this state to be approved by said board of county commissioners.

        History:   L. 1913, ch. 69, § 2; March 13; R.S. 1923, 68-1407.

• 68-1408: Same; issuance of bonds; tax levy. The bonds authorized to be issued by K.S.A. 68-1406 shall be issued and sold as provided by law, and such bonds and the interest thereon shall be paid by a general tax levied upon all the taxable property of the county.

        History:   R.S. 1923, 68-1408; Dec. 27.

• 68-1409: Counties over $110,000,000 valuation; use of bridge for railway or other purposes; compensation; use of proceeds; monthly rental contracts. No railway company, other than a street railway company, shall construct, and use any tracks upon, or use any tracks constructed by the county upon, any bridge constructed under the provisions of this act without first paying to the county constructing such bridge, one-half of the net cost to the county of such construction of such bridge and the approaches thereto; and no street railway company shall construct and use any tracks upon, or use any tracks constructed by the county upon, any bridge constructed under the provisions of this act without first paying to the county constructing such bridge such sum as the board of county commissioners or other authorities having control of such bridge shall deem reasonable but not less than twenty percent of the net cost to the county of such construction of such bridge and the approaches thereto; and no other person or corporation shall use such bridge or the piers or abutments thereof for any private use without first paying to the county constructing the same such sum as the board of county commissioners or other authorities having control of such bridge shall require as compensation for such use.

        If any railway corporation, other than a street railway corporation, shall construct and use any tracks upon, or use any tracks constructed by the county upon, any bridge constructed under the provisions of this act without first paying therefor as above provided, it shall thereupon become liable to the county for one-half of the net cost of the construction of such bridge, and such county may sue for and recover such sum in any court of competent jurisdiction, and the use of the tracks on such bridge by any such railway corporation may be enjoined until compensation is made therefor as hereinbefore provided.

        If any street railway corporation shall construct and use any tracks upon, or use any tracks constructed by the county upon, any bridge constructed under the provisions of this act without first paying therefor as above provided, it shall thereupon become liable to the county for the reasonable value of such use but not less than twenty percent of the net cost to the county of such construction of such bridge, and such county may sue for and recover such sum in any court of competent jurisdiction, and the use of the tracks on such bridge by such street railway corporation may be enjoined until compensation is made therefor, as hereinbefore provided.

        All money received for the use of such bridge shall be used in the construction or maintenance thereof, or in the payment of bonds or interest thereon issued on account of the construction of such bridge: Provided, however, That the board of county commissioners may make a contract for monthly rental with any street railway corporation for the construction and use of tracks upon, or for the use of tracks constructed by the county upon, such bridge. Such monthly rental shall not be less than a sum sufficient to pay the interest on one-twelfth of twenty percent of the annual interest charge on the bonds issued by the county for the construction of such bridge and the approaches thereto and one-twelfth of twenty percent of the principal to be retired each year of the bonds issued therefor.

        In the event of the reconstruction or improvement of any bridge constructed under this act the terms of any agreement for use of such bridge by street railways or other parties shall be solely governed by the provisions of K.S.A. 68-1404.

        History:   L. 1913, ch. 69, § 4; R.S. 1923, 68-1409; L. 1947, ch. 346, § 2; Feb. 11.

• 68-1410: Same; contracts for maintenance and repair. All bridges constructed under the provisions of this act shall be under the control of and maintained by the board of county commissioners of the county constructing the same, and such county commissioners shall have power to contract with any city in which any such bridge is situated or with any person or corporation using any such bridge, for the maintenance or repair thereof.

        History:   L. 1913, ch. 69, § 5; March 13; R.S. 1923, 68-1410.

• 68-1410a: Ordinance or resolution under 68-1404 and 68-1409; publication; hearing after written objections filed; notice; term of contract. The ordinance or resolution of the board of county commissioners authorizing the execution of any contract relating to any such bridge, or fixing the compensation to be paid for the use of any such bridge or of the tracks thereon, as provided in K.S.A. 68-1404 and 68-1409, shall be read in full at three regular meetings of the board, and promptly upon its final adoption, shall be published in the official county newspaper, and shall become effective upon the expiration of ten days after the publication thereof unless, within said ten days after said publication, a taxpayer of the county, or the governing body of a city within the corporate limits of which such bridge and the approaches thereto are located, or a civic organization of such city or county shall file written objections with the county clerk of such county to any of the terms of the contract authorized by such ordinance or resolution. If any such written objections are so filed, the board of county commissioners shall hold a public hearing on such written objections, notice of the time and place of such public hearing to be given by one publication thereof in the official county newspaper at least ten days prior to the date of said hearing.

        Upon such hearing, full opportunity shall be given to the objectors filing such written objections to present any evidence or arguments pertaining to their objections to the terms of the contract authorized by said ordinance or resolution, and the board of county commissioners shall then, after consideration of said evidence and arguments, further consider said ordinance or resolution and contract as upon the previous final reading and adoption thereof, having full power and authority to amend, modify or change the terms of said ordinance or resolution and contract, subject to the acceptance of such amendments, modifications or changes by the other party to said contract, or to readopt said ordinance or resolution and authorize said contract as originally proposed and adopted, or to reject the same, the action of the board of county commissioners upon said ordinance and resolution and the contract authorized thereby and accepted by the other party thereto, to become final and effective at the expiration of ten days from the date of said action.

        No contract entered into pursuant to the provisions hereof, whether for a definite period or on a terminable basis, shall extend for more than twenty years, and any extension beyond twenty years shall be deemed a new contract, and shall not become effective until the foregoing requirements are met.

        History:   L. 1947, ch. 346, § 3; Feb. 11.

• 68-1411: Repair of certain bridges in counties between 140,000 and 200,000; bond issue. Any county having a population of not less than 140,000 nor more than 200,000, in which any board of county commissioners, have constructed or reconstructed any bridge or bridges through order of the board of directors of any drainage district organized under the laws of this state; and any such bridge or bridges are now in need of repairs; the board of county commissioners of said county wherein such bridge or bridges are located, is hereby authorized and instructed to repair the same in the same manner as other bridges in said county and for the purpose of paying for such improvements may issue bonds of such county without the same being authorized by any election and subject only to the limitations contained in this act. The amount of bonds so authorized to be issued shall not exceed the actual cost of such improvements: Provided, however, That the total amount of bonds issued under this act shall not exceed the sum of one hundred twenty-five thousand dollars ($125,000) in any one year.

        History:   L. 1931, ch. 253, § 1; L. 1951, ch. 391, § 1; March 26.

• 68-1412: Joint contracts for bridge improvement in certain abutting counties; bonds; tax levy. Counties having a population of not less than twenty thousand and not more than thirty thousand, and having an assessed valuation of not less than thirty-five million dollars and not more than forty-five million dollars; and counties having a population of not less than thirty thousand and not more than forty thousand, and having an assessed valuation of not less than thirty million dollars and not more than thirty-five million dollars, and abutting upon navigable streams which form a boundary line between said two classes of counties, are hereby authorized to enter into contracts with said abutting counties for the purpose of improving or reconstructing bridges connecting said counties and across such navigable streams and the necessary approach or approaches thereto. The boards of county commissioners of such counties are hereby authorized and empowered to meet in joint session and to enter into such contract by the adoption of a resolution setting forth the terms and conditions of said contract. Such contract and resolution shall provide that the cost of improving or reconstructing said bridge or bridges and the necessary approach or approaches thereto shall be apportioned equally between said counties.

        If such resolution shall be adopted and such contract shall be entered into, the board of county commissioners of each county entering into said contract shall be and are hereby authorized to issue negotiable bonds of said county in an amount not to exceed fifteen thousand dollars, under the provisions of the general bond law, for the purpose of paying such county's share of the cost and expense of the improvement and reconstruction of said bridge or bridges and approaches thereto.

        Such bonds and the interest thereon shall be paid by a general tax levied upon all the taxable property in the county and none of the restrictions or limitations relating to the amount of the county's indebtedness contained in any of the laws of the state of Kansas shall apply to or in any way affect the issuance of the bonds authorized by this act or any bonds so issued.

        History:   L. 1935, ch. 253, § 1; March 6.

• 68-1413: Replacement, reconstruction or repair of certain bridges damaged by flood or other casualty; use of funds; bonds. Whenever it is necessary to replace, reconstruct or repair any bridge or bridges over any river on any county road, which road connects with a county road of another county, or connects with a road on the state highway system, which bridge shall have been destroyed or rendered impassable by flood, high water, fire or other casualty, then the board of county commissioners is hereby authorized and empowered to expend not to exceed the sum of one hundred sixty thousand dollars ($160,000) to pay the entire cost or the county's share of the cost of such replacement, reconstruction or repair of such bridge. Such expenditure may be made from any unallocated and available funds in the county road and bridge fund or from revenue derived from the issuance of bonds, or from the separate fund for the construction of roads and bridges on the county secondary system or from two or more of such sources, and such county is hereby authorized to issue bonds for such purpose. Such bonds shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law and may be issued without submitting the question of their issuance to a vote of the electors.

        The board of county commissioners may receive and expend any federal, state, or other funds made available for such improvement which expenditure may be in addition to the amount hereinbefore authorized to be expended by the county. The provisions of K.S.A. 19-214, 19-215 and 19-216 shall be applicable to any improvement made under the authority conferred by this section. This act shall be construed as a separate and additional method for the replacement, reconstruction and repair of bridges and no other law of this state shall apply except as herein expressly provided.

        History:   L. 1951, ch. 392, § 1; L. 1971, ch. 223, § 4; July 1.

• 68-1414: Same; changing channel of river or erection of structures; use of funds; bonds. Whenever it is necessary to replace, reconstruct, or repair any bridge over any navigable river on any county road, which road connects with a county road of another county within or outside this state, or to protect any such bridge by changing the channel of the river or by the erection of structures, such as levees, jetties or other structures necessary to protect the new channel or such bridge, and which bridge shall have been destroyed or rendered impassable by flood, high water, fire or other casualty, then the board of county commissioners is hereby authorized and empowered to expend not to exceed the sum of $160,000 to pay the entire cost or the county's share of the cost of such replacement, reconstruction or repair of such bridge or such change of channel or erection of the structures hereinbefore described. No such change of channel shall be made without first securing the approval of the chief engineer of the division of water resources of the Kansas department of agriculture. Such expenditure may be made from any unallocated and available funds in the county road and bridge fund or from revenue derived from the issuance of bonds, or from the separate fund for the construction of roads and bridges on the county secondary system or from two or more of such sources, and such county is hereby authorized to issue bonds for such purpose. Such bonds shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law and may be issued without submitting the question of their issuance to a vote of the electors. The board of county commissioners may receive and expend any federal, state, or other funds made available for such improvement which expenditure may be in addition to the amount authorized to be expended by the county. The provisions of K.S.A. 19-214, 19-215 and 19-216, and amendments thereto, shall be applicable to any improvement made under the authority conferred by this section. This act shall be construed as a separate and additional method for the replacement, reconstruction and repair of bridges and no other law of this state except as herein expressly provided shall apply. The total amount expended by any county under the authority conferred by this section plus the amount expended by such county under the authority conferred by K.S.A. 68-1413, and amendments thereto, shall not exceed the sum of $160,000.

        History:   L. 1953, ch. 311, § 1; L. 1971, ch. 223, § 5; L. 2004, ch. 101, § 106; July 1.