reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1271 Same; transfer of funds; limitation.

13-1271.
Same; transfer of funds; limitation.
In the cities herein designated, owning an electric-light plant and municipal water plant, where the utility or utilities are free and clear of general obligation bonded indebtedness, or where deposits in their appropriate sinking funds have been made as provided in K.S.A. 13-1270, and amendments thereto, the governing bodies of the cities or the board of public utilities at the direction of the city shall, on the first business day of each fiscal year, transfer to the funds to be used for governmental functions of such cities, not less than four percent nor more than fifteen percent of the gross operating revenue of their public utilities hereinbefore designated, for the year immediately prior to the preceding fiscal year.
History:
L. 1945, ch. 129, § 3; L. 1980, ch. 72, § 19; April 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1272 Same; transfer of funds; determination of amount.

13-1272.
Same; transfer of funds; determination of amount.
The determination of the percentage to be transferred to funds to be used for governmental functions as provided in K.S.A. 13-1271, and amendments thereto, shall be determined by the governing bodies or operating or managing boards, as the case may be, of the utilities of such cities, within the range of percentages shown in K.S.A. 13-1271, and amendments thereto. The determination of the percentage to be transferred shall be made by the board of public utilities on or before the first day of May of the preceding year and the board shall notify the governing body of the city of such determination by such date. If the board fails to determine the percentage or fails to notify the governing body of the city before the first day of May of any year, the board shall transfer over a percentage which shall be no less than the percentage transferred in the preceding year.
History:
L. 1945, ch. 129, § 4; L. 1980, ch. 72, § 20; April 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1273 Same; transfer of funds not authorized if general obligation bonds outstanding; exceptions.

13-1273.
Same; transfer of funds not authorized if general obligation bonds outstanding; exceptions.
When any city, which has under the provisions of this act been transferring utility funds to funds used for governmental purposes in accordance with the provisions of this act, issues general obligation bonds against its utility or utilities as herein enumerated, then such city shall automatically be excluded from the benefits and provisions of this act as to such of its utilities as have a bonded debt until such general obligation bonded indebtedness so created on its utility or utilities be paid, or provisions be made for the retirement of the general obligation bonded indebtedness by deposits in its sinking funds as provided in K.S.A. 13-1270, and amendments thereto.
History:
L. 1945, ch. 129, § 5; L. 1980, ch. 72, § 21; April 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1274 Same; allocation of transferred moneys.

13-1274.
Same; allocation of transferred moneys.
The governing bodies of all cities as above classified shall have the power, and are hereby authorized to allocate all or any part of the moneys which have been transferred under the provisions of this act, from the gross operating revenue of their utilities, among the different funds of said cities used for governmental functions.
History:
L. 1945, ch. 129, § 6; March 24.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1276 Same; determination as to customers and outstanding bonds.

13-1276.
Same; determination as to customers and outstanding bonds.
For the purposes of this act, a certified public accountant appointed by the governing body of such city shall determine the percent of customers of any such system annexed by the city and the amount of revenue bonds outstanding and unpaid at any such time.
History:
L. 1967, ch. 109, § 2; March 17.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1277 Same; transfer of properties and funds to city.

13-1277.
Same; transfer of properties and funds to city.
Whenever the title to the properties of any township water system shall be transferred to and shall vest in any city of the first class under the provisions of this act, the township board of such township shall forthwith transfer all property, equipment, records, reports and funds belonging to such water system to such city of the first class or board of public utilities.
History:
L. 1967, ch. 109, § 3; March 17.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1278 Same; township tax for bond and debt service cost.

13-1278.
Same; township tax for bond and debt service cost.
During the time that the revenue bond and debt service cost, including principal and interest, assumed by the city at the time of taking control of such system, are being paid the township board of any such township shall levy an annual tax sufficient to raise an amount equal to thirty-five dollars ($35) for each fire hydrant remaining in any such township, and pay such amount annually to any such city of the first class or its board of public utilities for fire protection.
History:
L. 1967, ch. 109, § 4; March 17.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1324 Assessments for sidewalks and sodding; plans and specifications; scrip to contractor.

13-1324.
Assessments for sidewalks and sodding; plans and specifications; scrip to contractor.
To pay for the construction and repair of sidewalks, sodding sidewalk spaces on boulevards, special assessments may be levied on all lots and pieces of land fronting thereon according to the front foot thereof. The board of park commissioners shall determine when it is necessary to construct or repair sidewalks and sod sidewalk spaces. Such improvements shall be constructed only by contract in writing, let to the lowest bidder. The board of park commissioners shall determine the plans, specifications and material for all such improvements.
The board may issue scrip to contractors for the same, payable in one year from its date, and such scrip may bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and special assessments may be levied for the amount thereof as above provided. No formality shall be required to authorize the repair of sidewalks, but the board, after giving five (5) days' notice to the owner of any property, if known, to make such repair, or without notice if such owner is unknown or the property unoccupied, may make all necessary repairs to any walk, keep a record of the cost and of the nature and extent of such repairs, and apportion and levy, by resolution, special assessments for such cost as above provided, or pay for the same out of the general park fund.
History:
L. 1907, ch. 115, § 25; R.S. 1923, § 13-1324; L. 1970, ch. 64, § 27; March 21.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1325 Sodding; scrip to contractors; special assessments.

13-1325.
Sodding; scrip to contractors; special assessments.
The board of park commissioners shall have power to provide for the sodding of sidewalk spaces upon all public streets, avenues, boulevards, alleys, and other public grounds of the city, and it shall be its duty so to do. The board of park commissioners shall have power to issue scrip to contractors for the cost of such work when done upon streets payable in not to exceed one year from its date and bearing interest at not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and levy special assessments against lots and tracts of land in front of which sodding is done according to the front foot thereof for the same.
History:
L. 1907, ch. 115, § 26; R.S. 1923, § 13-1325; L. 1961, ch. 77, § 1; L. 1970, ch. 64, § 28; March 21.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1326 Change of grade; eminent domain proceedings.

13-1326.
Change of grade; eminent domain proceedings.
Before the grade of any road, parkway, boulevard, or street, or part thereof, under the control and management of the board of park commissioners, which has been established, shall be changed, if the property owners affected thereby shall not have waived all claim to damages therefor, the board shall proceed to exercise the power of eminent domain in accordance with K.S.A. 26-501 to 26-516, inclusive.
History: L. 1907, ch. 115, § 27; R.S. 1923, § 13-1326; L. 1963, ch. 234, § 31; January 1, 1964.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1327 Assessments for change of grade.

13-1327.
Assessments for change of grade.
Whenever the board of park commissioners of any city shall by resolution declare and order that the whole or any part of the cost of changing the grade of any street, avenue, parkway, or boulevard, or the cost of widening or extending any parkway or boulevard, ought to be paid by the levy of special assessments, upon real estate situated in any one or more park districts, it shall order such resolution entered upon its journal, and forthwith appoint three freeholders, residents of such city, as assessors, who shall qualify by taking an oath to faithfully, honestly and impartially discharge their duties as such assessors, and it shall thereupon become their duty, upon actual view and investigation, to assess the lands which will, in their opinion, to any extent be specially benefited by such improvement, the proportion of the estimated cost thereof which each lot, piece or parcel of land so benefited ought justly to be charged, and make report forthwith to such board of park commissioners, containing an accurate description of each tract of land deemed to be specially benefited and the name of the owner, if known, the actual value of each of said tracts, exclusive of improvements thereon and without the proposed improvements, and what part or amount of the total estimated cost should be assessed and charged against the same on account of benefits, if such improvement be made.
History:
L. 1907, ch. 115, § 28; March 4; R.S. 1923, § 13-1327.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1328 Notice of assessment; correction.

13-1328.
Notice of assessment; correction.
Within ten days after the report of the assessors has been filed, the clerk of the board shall cause a notice to be published once in the official paper of said board, stating, in substance, that a report of assessors has been filed apportioning and levying special assessments for the cost of such improvement against real estate, describing the same, and stating the amount of the special assessment levied against each lot or tract, and fixing a time, not less than five days from the date of the publication of such notice, when all persons aggrieved by or objecting to such report, upon any ground, may be heard to contest the same. At the time fixed in such notice, the board of park commissioners shall convene and hear the complaints of all persons interested, and shall have power to review, revise, alter, correct and amend the report of the assessors to any extent necessary to equalize and make such assessments just, equitable and impartial, and to correct all errors, wrong and injustice that may have been done to any person complaining of said report, and to hear, consider and determine all matters relating to such proceeding.
After hearing all persons complaining, the board of park commissioners shall confirm the report of the assessors as returned to them or amend the same, as it may deem just and equitable, and confirm the same as so amended, and thereupon the amounts charged against each tract of land shall become a special assessment and constitute a lien thereon. The decisions of the board of park commissioners correcting, altering, or amending and confirming the report of the assessors shall be entered of record and shall be final and conclusive, and such special assessments shall by the clerk of the board be certified to the county clerk within thirty days after the confirmation of such report and entered upon the tax rolls, and collected as other taxes under existing laws.
History:
L. 1907, ch. 115, § 29; March 4; R.S. 1923, § 13-1328.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1329 Cost paid from fund of district.

13-1329.
Cost paid from fund of district.
The cost of improving and maintaining parks, parkways and boulevards established in any park district or districts within the city limits shall be paid from the park fund of the district in which such park, parkway or boulevard is situated, except as is herein otherwise provided.
History:
L. 1907, ch. 115, § 30; March 4; R.S. 1923, § 13-1329.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1330 Reimprovements; construction of bridges.

13-1330.
Reimprovements; construction of bridges.
The board of park commissioners shall have power to cause any parkway, boulevard, or street, or part thereof, under its control or management, to be regraded, repaved, recurbed, reguttered, remacadamized or otherwise improved or repaired, including the reconstruction and repair of bridges, viaducts, and sidewalks, in such manner and at such times and with such material as said board may determine, and may pay for such work or improvements or any part thereof out of the funds not otherwise appropriated belonging to the park district in which such work or improvement is made, or, if deemed necessary, by the issue and sale of bonds to be paid by a general tax upon all the taxable property of the district, or may levy special assessments and issue bonds to the same extent and in the same manner as is herein provided for the original making of such improvements.
History:
L. 1907, ch. 115, § 31; March 4; R.S. 1923, § 13-1330.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1331 Contracts, bids, plans and specifications; time for levy.

13-1331.
Contracts, bids, plans and specifications; time for levy.
All contracts for improvements costing more than one thousand dollars shall be in writing, and there shall be no liability to any contractor or his or her assignees for the construction of any improvement costing more than one thousand dollars unless the contract therefor is in writing. At least twenty days before the board shall let any contract for any improvement, they shall cause accurate detailed plans and complete specifications therefor, together with a detailed estimate, under oath, of the cost of such improvement, to be made by some competent person and filed in the office of the clerk of such board, for inspection by all persons interested therein, and thereafter, and before letting of such contract, the board shall advertise for bids to do such work in accordance with such plans and specifications for at least ten days in the official city paper.
All bids shall be made in writing and signed by the bidder, and presented by the bidder, his or her agent or attorney, to the board, at a public meeting thereof, and all bids shall be considered and accepted or rejected immediately after their submission. The board may reject any bids and shall not accept a bid in excess of the estimated cost of the work, and a contract let at a price in excess of the estimated cost of the work shall be void. No special assessments shall be levied for the cost of any work until the contract therefor has been let; but such assessments may be levied before the construction of an improvement, when the cost of the same is definitely ascertained.
History:
L. 1907, ch. 115, § 32; R.S. 1923, § 13-1331; L. 1953, ch. 89, § 1; June 30.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1332 When bonds may be issued; notice.

13-1332.
When bonds may be issued; notice.
No board of park commissioners shall issue any bonds on account of the grading, curbing, guttering, paving or macadamizing of any street or the construction of any sidewalk or building until such improvement has in fact been constructed and such work found and declared by such board, by resolution entered upon its journal, to be constructed in accordance with the contract therefor and accepted by said board, and said board shall give at least ten days' notice, by publication in the official city paper, of time when it will consider the matter of the acceptance of any improvement the cost of which exceeds the sum of one thousand dollars, and in all cases hear and consider all complaints against work or the acceptance thereof, and said board shall not accept any work not constructed or performed in substantial compliance with the contract therefor, and there shall be no liability on the part of the city to any contractor or his or her assignees on account of the construction of any improvements or performance of any work which improvements or work has not been constructed or performed in substantial compliance with the contract therefor.
History:
L. 1907, ch. 115, § 33; March 4; R.S. 1923, § 13-1332.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1333 Limitation of action to contest assessment.

13-1333.
Limitation of action to contest assessment.
No suit or action of any kind shall be maintained in any court to set aside or in any way contest or enjoin the levy or collection of any tax or special assessment levied under the provisions of this act after the expiration of thirty days from the time of the levy of such tax or assessment: Provided, That in cases where assessments are levied before the completion and acceptance of any improvement, said thirty days shall not commence to run until the improvement is completed and accepted.
History:
L. 1907, ch. 115, § 34; March 4; R.S. 1923, § 13-1333.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1334 Streets through parks; railroads; transmission lines.

13-1334.
Streets through parks; railroads; transmission lines.
No roads nor streets shall be laid out or constructed through any park except said board of park commissioners shall lay out and construct or permit the laying out and construction of the same; and any road, highway, street or alley (excepting railroads), or part thereof, which may pass through or into or divide or separate any lands now used or condemned, or that may hereafter be acquired or condemned, for parks, shall upon condemnation* of said board of park commissioners, with the consent of the city council of such city be by said city council vacated and closed up and made a part of such park. And no railway shall be built into, through or over any park, parkway or boulevards without the consent of said board of park commissioners; nor shall any street railway, telegraph, telephone or electric-light wires, or posts or supports thereof, be erected or placed in, upon, through, over or adjoining any park without the consent of said board of park commissioners; and said board shall have power and authority to designate the place or places for and manner of erecting, placing and maintaining the same in or upon any park or boulevard, and may cause the place and manner of maintaining the same, whether heretofore or hereafter erected or placed, to be altered at such time and in such manner as it shall deem best for the interest of the city, and may require telegraph, telephone and electric-light wires in any park, parkway or boulevard to be laid underground.
History:
L. 1907, ch. 115, § 35; March 4; R.S. 1923, § 13-1334.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1335 Grants of property for parks; management.

13-1335.
Grants of property for parks; management.
Real or personal property may be granted, bequeathed, devised and conveyed to the city for the purpose of the improvement or ornamentation of parks, parkways, or boulevards, or for parks, or for the establishment or maintenance, in any park, of museums, zoological or other gardens, collections of natural history, observatories, libraries, monuments of works of art, upon such trusts and conditions as may be prescribed by the grantors or devisors thereof and agreed to by the board of park commissioners. All property so devised, granted, bequeathed, or conveyed, and the rents, issues, profits and income thereof, shall be subject to the management and control of said board of park commissioners.
History:
L. 1907, ch. 115, § 36; March 4; R.S. 1923, § 13-1335.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1336 Changes at intersections.

13-1336.
Changes at intersections.
When the construction or improvement of any boulevard shall necessitate a change of grade or a reconstruction of sidewalks, curbing or pavement upon the streets or alleys intersecting any boulevard, the board of park commissioners shall have power and authority to do all work on such intersecting streets, avenues or alleys necessary to make the grade and the improvements thereof conform, and the expense of such work shall be deemed a part of the expense of the improvement of such boulevard.
History:
L. 1907, ch. 115, § 46; March 4; R.S. 1923, § 13-1336.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1337 Duty of city officers to assist board.

13-1337.
Duty of city officers to assist board.
It shall be the duty of the city attorney, city counselor, city engineer and their deputies and assistants to at all times assist and advise the board of park commissioners in all matters pertaining to the duties or affairs of such board.
History:
L. 1907, ch. 115, § 48; March 4; R.S. 1923, § 13-1337.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1338 Duty of city treasurer.

13-1338.
Duty of city treasurer.
The city treasurer shall keep a complete and accurate record of all money raised by taxation or received in any way for the acquiring or maintenance of public parks, streets, and boulevards, and shall pay said funds upon and in accordance with warrants issued by the board of park commissioners.
History:
L. 1907, ch. 115, § 49; March 4; R.S. 1923, § 13-1338.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1339 Police power of city; police officers.

13-1339.
Police power of city; police officers.
Nothing in this act contained shall take away the power or duty of the governing body with reference to the police power of the city, but it shall be and remain the duty of the governing body to appoint and maintain such police officers as it may deem reasonably necessary for the preservation of peace, good order, and the protection of public rights, property in and upon all parks, boulevards, and other public grounds of the city.
History:
L. 1907, ch. 115, § 50; March 4; R.S. 1923, § 13-1339.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1340 Bridge over navigable river.

13-1340.
Bridge over navigable river.
Nothing in this act shall be held to authorize or require any board of park commissioners to erect, maintain or repair any bridge over any navigable river.
History:
L. 1907, ch. 115, § 51; March 4; R.S. 1923, § 13-1340.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1341 Lights.

13-1341.
Lights.
It shall be the duty of the governing body to provide, erect and maintain such lights as may be reasonably necessary for the lighting of public parks, parkways, and boulevards, upon the making, by the board of park commissioners, of an order prescribing the location and kind of lights deemed necessary by such board and the presentation to said governing body of a certified copy thereof.
History:
L. 1907, ch. 115, § 52; March 4; R.S. 1923, § 13-1341.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1342 Sewers.

13-1342.
Sewers.
It shall be the duty of the governing body to provide for the construction and maintenance of such sewers as may be reasonably necessary to be constructed or maintained in or upon all public parks, parkways, and boulevards, and nothing in this act contained shall be held to take away or abrogate the power of the governing body of any city so to do: Provided, however, That it shall be the duty of the governing body to hear and consider all plans for the construction or maintenance of sewers on boulevards or in parks that may be recommended by any board of park commissioners.
History:
L. 1907, ch. 115, § 53; March 4; R.S. 1923, § 13-1342.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1343 Contractor's bond.

13-1343.
Contractor's bond.
All contractors shall give bond for the performance of contracts entered into with the board of park commissioners of any city for the performing of any work or the furnishing of any materials amounting to more than one hundred dollars in a sum equal to the contract price, conditioned upon the faithful performance of all the provisions of the contract, and with security to be approved by the board of park commissioners.
History:
L. 1907, ch. 115, § 56; March 4; R.S. 1923, § 13-1343.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1344 Reassessment and relevy.

13-1344.
Reassessment and relevy.
In case the board of park commissioners of any city shall levy any special assessment, which assessment is or may be informal, illegal, irregular or void for the want of sufficient authority to make or levy the same for any cause whatsoever, such board of park commissioners may at any time reapportion the cost of the improvement and relevy assessments therefor, or may relevy any such special assessment or assessments in the manner provided, and against the property liable for assessment for the improvement at the time of the making thereof: Provided, That no such reapportionment or relevy shall be made in any case in which there has not been a substantial performance of the contract.
History:
L. 1907, ch. 115, § 57; R.S. 1923, § 13-1344; L. 1970, ch. 366, § 13; April 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1345 Existing contracts.

13-1345.
Existing contracts.
Nothing contained in this act shall invalidate any contract heretofore made relative to any public park, parkway, or boulevard, or the maintenance and management thereof.
History:
L. 1907, ch. 115, § 58; March 4; R.S. 1923, § 13-1345.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1346 Park commissioners in cities between 30,000 and 125,000 and cities of more than 150,000 population.

13-1346.
Park commissioners in cities between 30,000 and 125,000 and cities of more than 150,000 population.
In all cities of the first class in the state of Kansas having a population of less than one hundred twenty-five thousand (125,000) and more than thirty thousand (30,000) and in all cities having a population of more than one hundred fifty thousand (150,000), it shall be lawful for the governing body of such city or cities to provide, by ordinance, for the establishment of a board of park commissioners composed of persons not members of the board of commissioners, as hereinafter provided.
History:
L. 1921, ch. 101, § 1; R.S. 1923, § 13-1346; L. 1939, ch. 106, § 2; L. 1941, ch. 122, § 12; L. 1953, ch. 89, § 2; L. 1957, ch. 88, § 12; April 16.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1347 Same; appointment; terms; removal.

13-1347.
Same; appointment; terms; removal.
The governing body of any city or cities desiring to establish a board of park commissioners, as provided in K.S.A. 13-1346, and amendments thereto, may by ordinance cause a board of park commissioners to be created. Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the mayor, by and with the consent and approval of the board of commissioners, shall appoint five residents of such city or cities, well known for their intelligence and integrity, as the members of such board of park commissioners, and shall designate one to serve for a term of one year, one for a term of two years, one for a term of three years, and two for a term of four years, and thereafter the members of such board of park commissioners shall hold their offices for a term of four years and until their successor or successors shall have been appointed and qualified, and in event of the death, resignation, or other disqualification of any member of such board of park commissioners, such successor shall be appointed by the governing body to fill only unexpired terms caused by such vacancy.
Any member of said board of park commissioners may be removed by the governing body of such city for the same cause as any appointive officer.
History:
L. 1921, ch. 101, § 2; R.S. 1923, § 13-1347; L. 1949, ch. 141, § 1; L. 2008, ch. 163, § 9; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1348 Same; powers.

13-1348.
Same; powers.
Except as provided in K.S.A. 3-167, when a board of park commissioners, as provided herein, has been created and members thereof have been qualified in the manner provided by law, such board of park commissioners shall be vested with all powers, authority and control heretofore vested in the governing body, the board of park commissioners of such city, so far as the same relates to parks, parkways, boulevards, municipal airports, playgrounds, and shade trees, and such board of park commissioners shall have every power, authority and control over the parks, parkways, boulevards, municipal airports, playgrounds and shade trees, as is or may hereafter be vested in a board of park commissioners, board of commissioners, or other body, except that all bonds required or authorized by law to be issued relating to parks, parkways, boulevards, municipal airports, playgrounds and shade trees, and all taxes levied for the maintenance or improvement thereof, shall be issued and levied by the governing body.
History: L. 1921, ch. 101, § 3; R.S. 1923, § 13-1348; L. 1941, ch. 122, § 5; L. 1975, ch. 5, § 14; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1348b Certain cities of 250,000 population or more; lease of real estate for airport purposes, when; limitation.

13-1348b.
Certain cities of 250,000 population or more; lease of real estate for airport purposes, when; limitation.
The airport authority or, if such authority has not been established, the board of park commissioners of any city now or hereafter having a population of two hundred fifty thousand (250,000) or more, may lease for a term not to exceed fifty (50) years any real estate owned or controlled by such airport authority or board which was acquired for airport purposes, on such terms and conditions as the authority or board may determine, except that every such lease shall require that the real estate be used for airport purposes or purposes incidental or related thereto. Title to all improvements on the demised premises shall revert to the city upon termination of the lease.
History:
L. 1957, ch. 115, § 1; L. 1975, ch. 5, § 16; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1348c Investment of airport funds of certain cities; disposition of interest.

13-1348c.
Investment of airport funds of certain cities; disposition of interest.
Any airport authority or, if such authority has not been established, any board of park commissioners created pursuant to K.S.A. 13-1346, or amendments thereto, may invest any portion of an airport fund not needed for immediate use, if operating pursuant to K.S.A. 10-1116 and 79-2925, and amendments thereto, in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein. All interest received from such investments plus the principal thereof shall be paid into the fund which provided the funds for the original investment.
History:
L. 1957, ch. 116, § 1; L. 1975, ch. 5, § 17; L. 1977, ch. 54, § 13; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1348d Cities of over 200,000 population; special recreation facilities reserve account; use.

13-1348d.
Cities of over 200,000 population; special recreation facilities reserve account; use.
The board of park commissioners of any city having a population in excess of two hundred thousand (200,000) may provide for the creation of a special recreation facilities reserve account, into which account shall be deposited funds deriving from recreation facilities including, but not limited to, baseball and athletic fields, swimming beaches, and golf courses; and which special reserve may be carried over from year to year, and used for the addition to, rebuilding, repairing, or replacing of any recreational facilities in any such cities.
History:
L. 1959, ch. 62, § 1; June 30.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1349 Same; salaries.

13-1349.
Same; salaries.
Said board of park commissioners shall receive such salaries as may be prescribed by ordinance.
History:
L. 1921, ch. 101, § 4; R.S. 1923, § 13-1349; L. 1945, ch. 99, § 14; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1350 Same; act supplemental.

13-1350.
Same; act supplemental.
This act is supplemental to existing law and shall not be held to repeal existing laws, except when in direct conflict therewith, and after the adoption of its provisions by any such city to which it is applicable.
History:
L. 1921, ch. 101, § 5; March 16; R.S. 1923, § 13-1350.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1351 Publication of notices and resolutions.

13-1351.
Publication of notices and resolutions.
All resolutions of the board of park commissioners providing for the issuing of bonds, or levying taxes, or special assessments, or ordering the grading, curbing, guttering, paving, macadamizing, or otherwise improving of any street, boulevard, parkway or park, excepting resolutions providing for repairs or maintenance, and all notices required to be given by publication, shall be published in some daily or weekly newspaper, designated by the board in such notices or resolutions and published in the city of which said commissioners are officers, and shall be in force from and after such publication thereof: Provided, No newspaper shall receive for such publication more than 331/3 percent of the fees allowed printers by K.S.A. 28-137.
History:
L. 1909, ch. 71, § 8; March 20; R.S. 1923, § 13-1351.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1352 Power to issue bonds.

13-1352.
Power to issue bonds.
The board of park commissioners of any city shall have power, subject to the limitations of this act, to issue general bonds of such city when they deem it necessary so to do, to pay for or obtain funds for the acquiring or improving of any park, parkway or boulevard of such city. Such bonds and interest thereon shall be paid by a general tax upon all the taxable property of the city or of any one or more park districts thereof, as shall be determined by the board at the time of the issuance thereof.
History: R.S. 1923, § 13-1352; December 27.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1353 Board may acquire lands outside of cities; sale of bonds.

13-1353.
Board may acquire lands outside of cities; sale of bonds.
The board of park commissioners of any city of the first class shall have the power to acquire by purchase, gift, condemnation or otherwise such lands as they may deem necessary for public parks outside of the corporate limits of the city and not to exceed one mile therefrom, and to issue and sell, subject to the limitations of this act, general bonds of the city to pay therefor: Provided, That the board of park commissioners of any city of the first class having a population of more than 80,000, shall have the power to acquire by purchase, gift, condemnation or otherwise such lands as they may deem necessary for public parks outside of the corporate limits of the city and not to exceed five miles therefrom and to issue and sell subject to the limitations of this act general bonds of the city to pay therefor.
History:
L. 1909, ch. 71, § 10; R.S. 1923, § 13-1353; L. 1927, ch. 117, § 1; L. 1953, ch. 89, § 3; June 30.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1354 Clerk of board may administer oaths.

13-1354.
Clerk of board may administer oaths.
The clerk of the board of park commissioners shall have power to administer oaths in all matters where an oath is required by any law.
History:
L. 1909, ch. 71, § 11; March 20; R.S. 1923, § 13-1354.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1355 Effect of act of 1909.

13-1355.
Effect of act of 1909.
Nothing contained in this act shall in any way affect any appeal taken from any award heretofore made or the rights of any person relative to any lands heretofore condemned by any board of park commissioners or the award made therefor. All proceedings relative to the establishment or improvement of boulevards under the provisions of chapter 115* of the Laws of 1907, heretofore had, shall be held valid and remain in full force. Neither this act nor the said act of which it is amendatory and supplemental shall be held or construed to be suspended or limited in their application or otherwise by any other statute. Cities to which said acts are applicable are required to carry out the provisions thereof, subject only to the limitations therein contained.
History:
L. 1909, ch. 71, § 12; March 20; R.S. 1923, § 13-1355.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1356 Cities of over 110,000 population; control of military memorial parks and fields.

13-1356.
Cities of over 110,000 population; control of military memorial parks and fields.
In all cities having in excess of one hundred and ten thousand population in which is situated a military memorial park, recreation or athletic field, the management and control thereof shall be vested in the governing body of such city.
History:
L. 1929, ch. 129, § 1; March 8.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1357 Same; lease to board of education; term; uses.

13-1357.
Same; lease to board of education; term; uses.
The governing body of such city may lease to the board of education for a period not exceeding twenty years, on terms and charges to be fixed by such lease, all or any part of such military memorial park, recreation or athletic field as may be adjacent to and adjoining any public school property in said city, for the purpose of providing adequate facilities for athletics, amusements, and recreational activities of the schools, and permit and authorize the board of education to charge and collect admission fees for school activities, and the governing body may permit the board of education to erect a stadium and such buildings and fixtures and fences thereon as may be deemed necessary to carry out such purposes: Provided, however, That nothing in this act shall be construed to interfere with the use of such military memorial park, recreation or athletic field by the public, civic, religious, charitable and war veterans organizations at any and all times, save and except when in actual use by the schools: And provided further, That the governing body of such city may from time to time issue permits for the use of said military memorial park, recreation or athletic field and fix the terms and charges therefor and shall permit the civic, religious, charitable and war veterans organizations to charge and collect admission fees for their respective activities.
History:
L. 1929, ch. 129, § 2; March 8.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1358 Same; name.

13-1358.
Same; name.
The governing body of such city shall establish by ordinance an official name for any such military memorial park, recreation or athletic field, by which name it shall at all times be designated and known, and the using or designation by any other name by any lessee thereof shall constitute a forfeiture of any lease or permit of the organization so doing.
History:
L. 1929, ch. 129, § 3; March 8.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1374 Parking stations; definitions; eminent domain.

13-1374.
Parking stations; definitions; eminent domain.
As used in this act and the act of which this act is amendatory, the terms "public parking stations" and "parking stations" includes parking lots, passageways, arcades, and facilities for ingress and egress to parking facilities. Any city of the first class in the state of Kansas may, in the discretion of its governing body, acquire by purchase, gift or condemnation, lands for public parking stations in or near commercial or industrial districts in such city. In acquiring said lands for public parking stations by condemnation, the provisions of K.S.A. 26-501 to 26-516, inclusive, shall, insofar as applicable, apply to and be followed in such condemnation proceedings.
History: L. 1941, ch. 128, § 1; L. 1955, ch. 100, § 1; L. 1963, ch. 234, § 33; January 1, 1964.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1375 Same; benefit districts; survey; costs.

13-1375.
Same; benefit districts; survey; costs.
A benefit district shall be established by ordinance. One benefit district may be designated for the acquisition of lands for one or several parking stations. Prior to the establishment of a benefit district, the governing body of the city may conduct a survey and investigation for the purpose of determining suitable locations for parking stations, the approximate cost of acquiring and improving the land therefor, the area to be included in the benefit district or districts and the percentage of the costs of acquiring and improving such parking stations to be assessed against the benefit district which shall be not less than fifty percent (50%) nor more than ninety percent (90%).
A written report on such survey and investigation shall be filed in the office of the city clerk in such city. For the purpose of such survey and investigation, the governing body may employ such appraisers, engineers and other persons as it may deem necessary. The cost of such survey and investigation shall be included as a part of the cost of acquiring and improving the land for parking stations but if no land be acquired such costs may be paid from the general fund of the city. In establishing a benefit district, the governing body may fix the percentage of the cost of acquiring and improving lands for parking stations which is to be assessed against the benefit district.
History:
L. 1941, ch. 128, § 2; L. 1947, ch. 143, § 1; L. 1949, ch. 142, § 1; June 30.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1376 Same; petition; limitation of actions.

13-1376.
Same; petition; limitation of actions.
After a benefit district has been established, no further proceedings shall be taken unless there is filed with the city clerk within sixty (60) days of the passage of the ordinance creating the benefit district a petition requesting the establishment of public parking stations. Such petition shall be signed by the resident owners of real estate owning not less than fifty-one percent (51%) of the front feet of the real estate fronting or abutting upon any street included within the limits of the benefit district. In determining the sufficiency of the petition, lands owned by the city, county, state or United States or by nonresident owners of real estate within the benefit district shall not be counted in the aggregate of lands within such benefit district. After any petition has been signed by an owner of land in the benefit district, the change of ownership of said land shall not affect the petition.
In any case where the owners of lands within the benefit district are tenants in common or joint tenants, each cotenant or joint tenant shall be considered a landowner to the extent of his or her undivided interest in said land. The owner of a life estate shall also be deemed the sole landowner for the purpose of this act. Conservators may petition for their conservatees when authorized by the district court so to do. Resident owner of land, as defined herein, shall be any landowner who has resided in the city for thirty days prior to the passage of the ordinance and owning land in the benefit district. A Kansas corporation having its registered office in the city and owning land in the benefit district shall be deemed a resident landowner. No suit shall be maintained in any court to enjoin or in any way contest the establishment of such parking stations or the establishment of a benefit district unless said suit be instituted and summons served within thirty (30) days from and after the date of the filing of such petition with the city clerk.
History: L. 1941, ch. 128, § 3; L. 1949, ch. 142, § 2; L. 1965, ch. 134, § 1; L. 1976, ch. 145, § 39; January 10, 1977.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 13 - Parks, Parkways, Boulevards And Playgrounds › 13-1377 Same; title to land.

13-1377.
Same; title to land.
Title to the land condemned for parking stations shall vest in the city upon the giving of notice by the commissioners appointed to appraise and assess damages as specified in article 2, chapter 26, of the Kansas Statutes Annotated and any amendments thereto.
History:
L. 1941, ch. 128, § 4; April 3.