reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 7 - Water Supply And Watercourses › 14-705 Extension of water mains beyond boundaries by city having municipal plant; petition.

14-705.
Extension of water mains beyond boundaries by city having municipal plant; petition.
Any city of the second class owning or maintaining a municipal water system may extend its water mains into territory beyond the boundaries of said city for the purpose of supplying water to customers living in territory beyond the city limits of said city, but in territory adjacent thereto, under the following conditions: Whenever a majority of the resident property owners owning more than fifty-one percent of the property to be assessed in territory beyond the city limits of any city of the second class, but adjacent thereto, shall present to the governing body of such city a petition praying for the extension of water mains into said territory, the said governing body of such city shall consider said petition, and if it shall find the extension of said water mains will be of benefit to said city, then the said governing body may, by ordinance, direct the laying and construction of such water mains, together with all the necessary appurtenances into said adjacent territory.
History:
L. 1925, ch. 120, § 1; March 10.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 7 - Water Supply And Watercourses › 14-706 Same; form and effect of petition; benefit district.

14-706.
Same; form and effect of petition; benefit district.
The aforesaid petition so presented shall be in the form of a contract, creating a benefit district, prescribing the place where such water mains are to be located and stipulating and agreeing that the cost of laying and constructing such water mains, together with all the necessary appurtenances thereto, shall be taxed against the properties located within said benefit district; and said petition shall be a contract, shall pass with the property, and be binding upon the heirs and assigns of owners of property within the benefit district.
History: L. 1925, ch. 120, § 2; L. 1931, ch. 129, § 1; February 17.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 7 - Water Supply And Watercourses › 14-707 Same; bonds; assessment.

14-707.
Same; bonds; assessment.
In the event that said governing body of such city shall order the laying and construction of such water mains, they shall issue ten-year serial bonds to pay the cost thereof, and the board of county commissioners shall levy and pay over to the city, annual special assessments against all property included in said benefit district petitioning for said water service, sufficient to pay the annual interest and to retire said bonds on maturity of the same, in the same manner and to the same extent as special assessments for lateral sewers are now levied in said cities: Provided, however, That where the governing body of such city shall deem it advisable to lay a water main larger than six inches in diameter in such benefit district, the amount to be paid by such special assessment shall not be greater than would be the cost of a main six inches in diameter, and the remainder of the cost shall be paid from the water fund of the city.
History: L. 1925, ch. 120, § 3; L. 1931, ch. 129, § 2; February 17.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 7 - Water Supply And Watercourses › 14-708 Same; effect of adjacent territory becoming part of city.

14-708.
Same; effect of adjacent territory becoming part of city.
In the event in * such territory so supplied with water service shall thereafter be added to and become a part of said city supplying such service, said contract shall be abrogated, and water shall be furnished on the same terms as it is furnished for other citizens of said city.
History:
L. 1925, ch. 120, § 4; March 10.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 7 - Water Supply And Watercourses › 14-709 Same; funds.

14-709.
Same; funds.
All money that is received from said water service shall be deposited in the water fund of said city, and shall become a part of said fund. The expense of extending such service shall be part of the same funds thereof in the same manner as the cost of extending water mains in the city is paid, and the mains so extended shall be and remain a property of the city.
History:
L. 1925, ch. 120, § 5; March 10.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 7 - Water Supply And Watercourses › 14-710 Same; construction.

14-710.
Same; construction.
This act is intended to be supplemental to all other acts of the Revised Statutes, and on no account shall the Revised Statutes of 1923 be repealed hereby.
History:
L. 1925, ch. 120, § 6; March 10.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 7 - Water Supply And Watercourses › 14-713 Flood control works in cities in certain counties; maintenance and repair; tax levy, use of proceeds.

14-713.
Flood control works in cities in certain counties; maintenance and repair; tax levy, use of proceeds.
The governing body of any city of the second class located in a county having a population of more than thirty-four thousand (34,000) and less than forty thousand (40,000), is hereby authorized and directed to levy a tax each year upon all the taxable tangible property of such city of one mill for the purpose of maintaining and operating such flood control works, dikes or levees as have been constructed for the prevention, control or mitigation of floods or flood hazards within or without its city limits and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto.
Such levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to the aggregate tax levy limitation prescribed by K.S.A. 79-1952, or any amendments thereto. It shall be the duty of the governing body of such city to maintain and operate such flood control works, and to keep all such dikes or levees in serviceable condition; and to make the proper repairs to same as may, from time to time, be necessary.
History:
L. 1947, ch. 166, § 1; L. 1979, ch. 52, § 73; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 7 - Water Supply And Watercourses › 14-714 Extension of sewer or water mains outside cities, when; bonds; protest petition; election; eminent domain; act supplemental.

14-714.
Extension of sewer or water mains outside cities, when; bonds; protest petition; election; eminent domain; act supplemental.
The governing body of any city of the second class adjacent to which and within one-half (1/2) mile of the city limits there is a county hospital grounds may by ordinance provide for the extension of the nearest adequate sewer main and/or the nearest adequate water main within the city to such point outside the city and on the boundary of the hospital grounds as will be most convenient for connection by the hospital, and may when it deems it necessary issue bonds in an amount not to exceed fifteen thousand dollars ($15,000) to acquire land if necessary and construct the sewer and/or water main or supplement any current funds available for the purpose, and if bonds are to be issued to pay part or all of the cost the ordinance shall so state: Provided, If within thirty (30) days after the publication of the ordinance there is filed with the city clerk a protest signed by not less than twenty-five percent (25%) of the registered electors of the city the governing body shall within thirty (30) days after the filing of the protest call an election to vote on the matter proposed in the ordinance.
Notice of the election shall be given and the election conducted as provided by K.S.A. 10-120, and amendments thereto. If a majority of the votes cast on the proposition are in favor thereof the governing body shall proceed with the construction of the sewer and/or water main and issue the bonds required (if bonds are voted on) but not to exceed the amount stated in the proposition. If a proposition fails the proceedings shall end and no new proceedings shall be commenced within one year from the date of the last preceding election on a proposition under this act. The city is hereby granted the power of eminent domain to acquire any land or easement necessary for the construction of said sewer and/or water main and may lay said sewer and/or water main in any public highway. This act shall be supplemental to other statutes relating to sewers and water mains of cities of the second class.
History:
L. 1953, ch. 118, § 1; April 13.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 9 - Changing Classification Of City › 14-901 Election to change to city of third class.

14-901.
Election to change to city of third class.
Whenever any city of the second class organized under the laws of the state of Kansas has been reduced in population to one thousand or less, as shown by the last returns of the assessor taking the enumeration of said city, the mayor of such city of the second class or the president of the council, if there is no acting mayor, may by proclamation call an election within such city for the purpose of determining whether said city shall be set back into a city of the third class. Such proclamation to be published in some newspaper of general circulation within said city for two weeks preceding such election and shall also be posted in four conspicuous places within said city. The question to be submitted to the electors of said city by such proclamation shall be:
Shall the city of ___________ be changed from a city of the second class and set back to a city of the third class?
Yes  ☐[ ]No   ☐[ ]
A cross in the square opposite either the word "yes" or "no" shall be made by the voter to indicate the way he or she votes, and such election shall in all other respects be held in the same manner as any other general election. A majority of the votes cast at such election shall decide the proposition and if a majority of the votes cast are for the affirmative, then the mayor or acting mayor of such city shall certify the result of such election to the county clerk of the county in which such city is situated, who shall file such certificate in the files of the county clerk's office and register the same in the same book where records of other elections in such county are kept, and from and after the filing of such certificate with such county clerk, such city shall be a city of the third class.
History:
L. 1919, ch. 144, § 1; March 6; R.S. 1923, § 14-901.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 9 - Changing Classification Of City › 14-902 Tenure of office.

14-902.
Tenure of office.
The officers of such city holding office at the time of such election shall, including the governing body as well as all other city officers, hold their office until the next regular election for city of the third class and until their successors are elected and qualified.
History:
L. 1919, ch. 144, § 2; March 6; R.S. 1923, § 14-902.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 9 - Changing Classification Of City › 14-903 Indebtedness.

14-903.
Indebtedness.
Whenever there shall exist any indebtedness at the time of the change of said city from the second class to the third class, this act shall in no manner change the amount of taxes that may be levied under the laws pertaining to cities of the second class until such indebtedness shall have been paid, but in all other respects such city shall be governed by the laws pertaining to cities of the third class.
History:
L. 1919, ch. 144, § 3; March 6; R.S. 1923, § 14-903.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 9 - Changing Classification Of City › 14-904 Ordinances.

14-904.
Ordinances.
All of the ordinances in force in such city as a city of the second class shall remain and be in force and be the ordinances of such city after it shall have become a city of the third class.
History:
L. 1919, ch. 144, § 4; March 6; R.S. 1923, § 14-904.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1007 Lands for and improvement of cemeteries.

14-1007.
Lands for and improvement of cemeteries.
The governing body of any city of the second class may purchase, hold and pay for, in the manner hereinbefore mentioned, lands not exceeding eighty acres in one body outside the limits of such city, for the purpose of burial of the dead. The council shall provide for the survey, platting, grading, fencing, ornamenting and improvement of all the burial and cemetery grounds and the avenues leading thereto owned by such city, and may construct walks, and rear and protect ornamental trees therein, and provide for paying the expense thereof.
History: L. 1872, ch. 100, § 71; March 13; R.S. 1923, § 14-1007.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1007a Acquisition of cemetery and additions or lands therefor; publication of notice; protest petition; election; appeal from condemnation proceeding.

14-1007a.
Acquisition of cemetery and additions or lands therefor; publication of notice; protest petition; election; appeal from condemnation proceeding.
Any city of second class may acquire a cemetery for public use or any addition to an existing cemetery, or lands therefor, except that lots owned by private individuals for burial purposes shall only be acquired for the purposes of care and upkeep. Such cemetery, addition or lands may be located either inside or outside the city and may be acquired by purchase or by condemnation proceedings as now provided by law for the appropriation of private land for public use. This act shall not authorize the condemnation or appropriation of cemetery grounds owned or used by any religious body or denomination for burial purposes. Before the governing body of any city takes action to purchase or condemn any cemetery, any addition to an existing cemetery or lands, it shall cause to be published once each week for two consecutive weeks in the official city newspaper a notice of such intention. Such notice shall state that action will be taken to acquire such property upon a certain date, which shall be not less than 10 days from the last publication of the notice, unless on or before such date there is filed with the city clerk a petition signed by at least 10% of the qualified electors of the city protesting such action.
In the event such a petition is filed, the governing body of the city may submit the question of acquiring such property at the next city election. If a majority of those voting upon such proposition vote in the affirmative, the governing body shall proceed to acquire such land. Upon acquisition of any cemetery by the city where funds have been provided either by the owners of such cemetery or by the owners of lots therein for the upkeep of lots in such cemetery, the funds so provided shall pass to such city in trust to be administered by it for the purpose and according to the terms of which such funds were acquired and to carry out the purpose for which such funds were acquired. In any condemnation proceeding an appeal may be had from such proceedings as to the value of the cemetery or lands or any other damages, in the manner as now provided by law in connection with the appropriation of land for public use by the exercise of the right of eminent domain.
History:
L. 1925, ch. 117, § 1; L. 1945, ch. 140, § 1; L. 1949, ch. 170, § 1; L. 1981, ch. 173, § 49; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1007b Same; tax levy, use of proceeds; issuance of bonds.

14-1007b.
Same; tax levy, use of proceeds; issuance of bonds.
For the purpose of providing a fund to acquire a cemetery or lands therefor and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto, the mayor and council, or mayor and commissioners of such city may levy each year a tax not to exceed one mill upon all taxable tangible property in such city, to be levied and collected as other taxes for such city; or such city may issue its bonds not exceeding the amount of the purchase or the condemnation price of the cemetery or grounds, in the manner now provided by law for the issuance of bonds for the improvement or acquirement of waterworks for such city.
History:
L. 1925, ch. 117, § 2; L. 1979, ch. 52, § 74; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1007c Same; construction of act.

14-1007c.
Same; construction of act.
This act shall not be construed as amending or repealing any act regarding cemeteries, but shall be construed as a part of chapter 12, article 14, of the Kansas Statutes Annotated, regarding cemeteries.
History:
L. 1925, ch. 117, § 3; May 28.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1008 Conveyance of cemetery lots; regulations by council.

14-1008.
Conveyance of cemetery lots; regulations by council.
Cemetery lots owned by such city shall be conveyed by certificates signed by the mayor and countersigned by the clerk under the seal of the city, specifying that the purchaser to whom the same is issued is the owner of the lot or lots described therein by number, as laid down on such map or plat, for the purpose of interment; and such certificate shall vest in the purchaser, his or her heirs and assigns, a right in fee simple to such lot for the sole purpose of interment, under the regulations of the city council, and such certificate shall be entitled to be recorded in the office of register of deeds of the proper county, without further acknowledgment; and such description of lots shall be deemed and recognized as sufficient description thereof.
The council may limit the number of lots which shall be owned by the same person at the same time; may prescribe rules for enclosing, adorning and erecting monuments and tombstones on cemetery lots, and may prohibit any diversion of the use of such lots, and any improper adornments thereof; but no religious test shall be made as to the ownership of the lots, the burial therein, for the ornamentation of graves, or of such lots.
History:
L. 1872, ch. 100, § 72; March 13; R.S. 1923, § 14-1008.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1009 Cemetery rules.

14-1009.
Cemetery rules.
The council may pass rules and ordinances imposing penalties and fines, not exceeding one hundred dollars, regulating, protecting and governing the cemetery, the owners of lots therein, visitors thereof, and punishing trespassers therein; and the officers of such city shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the city itself.
History:
L. 1872, ch. 100, § 73; March 13; R.S. 1923, § 14-1009.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1041 Natural gas production and sale; acquisition of drilling sites; contracts.

14-1041.
Natural gas production and sale; acquisition of drilling sites; contracts.
Any city of the second class situated in a recognized and established natural gas field is hereby granted power and authority to acquire a drilling site by lease or purchase, and to drill upon said land or upon other land leased for the purpose or owned by said city, or unitized with any such lands, a well or wells for the production of natural gas and to produce and sell natural gas therefrom, and to enter into all necessary or desirable contracts for such purposes.
History:
L. 1951, ch. 186, § 1; March 30.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1042 Same; conditions.

14-1042.
Same; conditions.
The drilling of a well as authorized in this act shall be upon the further conditions that some person shall be willing to enter into an agreement with the city whereby such person will drill and equip the well at his or her own expense, in the first instance, and without cost to the city, and with the understanding that such person shall be repaid from the natural gas produced from said well or the proceeds thereof, and that after being fully reimbursed the city shall then become the sole and exclusive owner of the well.
The governing body of the city shall credit to the funds of the city, the proceeds and income accruing to the city by reason of the city's ownership of the gas well, and in order to secure to the common owners of the land situated within the corporate limits of the city a proportionate acquisition of, and benefit from, the natural gas underlying said land, all such proceeds shall be subject to governmental uses and purposes of the city as the governing body shall order from time to time and to reduce and eliminate, insofar as possible, all property taxes of the city. Any well drilled under authority of this act shall be drilled within the corporate limits of the city, except as hereinafter provided.
History:
L. 1951, ch. 186, § 2; March 30.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1043 Same; acreage within or without city limits.

14-1043.
Same; acreage within or without city limits.
If there be within the city limits 640 acres or more of land, the governing body may divide the area of the city into 640 acre drilling units and consolidate any excess area with lands owned by others in the same manner as hereinafter provided for cities having less than 640 acres within the city limits. If there be no suitable drilling site for any unit available at reasonable cost within the corporate limits of the city, the governing body is hereby granted power and authority to acquire by lease or purchase a suitable drilling site outside such limits.
History:
L. 1951, ch. 186, § 3; March 30.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1044 Same; contracts for consolidation or unitization of land.

14-1044.
Same; contracts for consolidation or unitization of land.
If there shall be less than 640 acres of land within the corporate limits of said city, then the governing body of said city is hereby granted power and authority to join with others having the right to produce and sell natural gas from lands which with the land within the corporate limits of said city will constitute a drill site in conformity with the rules and regulations of the state corporation commission, and which together with all of the land within the corporate limits of said city will not exceed 640 acres, in the execution of such contracts and agreements as will result in consolidation or unitization of the land within the corporate limits of such city with such other lands so as to constitute a drilling unit not exceeding 640 acres in area, and to enter into contracts with such other persons having the right to produce and sell natural gas from such other lands for the drilling of a joint well upon such consolidated drilling unit, each party to contribute and to bear a proportionate share of the cost of drilling, equipping, completing, connecting and maintaining said gas well, and of producing, delivering and selling the natural gas therefrom, and to receive a proportionate share of the proceeds of such sales, according to the number of acres contributed by each such party to such drilling unit.
History:
L. 1951, ch. 186, § 4; March 30.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1045 Same; election; requirements for approval; resolution and order of governing body.

14-1045.
Same; election; requirements for approval; resolution and order of governing body.
No gas wells shall be commenced pursuant to this act until after the question has been submitted to a vote of the qualified electors of the city at a general city election or a special election held for that purpose. Notice of the election shall be published once each week for two consecutive weeks in the official city paper, the second publication to be not less than 10 days prior to the election. If the question is approved by affirmative votes equal in number to not less than 65% of the votes cast for mayor at the last general city election or, if no mayor is elected, 65% of the votes cast for the commissioner or council member receiving the highest number of votes at the last general city election, the wells shall be commenced. Otherwise the proposal shall fail.
Any city proposing to take action as herein authorized shall by resolution and order of the governing body of the city set out the terms and conditions which will govern the drilling of the wells; the names and addresses of such persons, firms or corporations (if any) as will be associated with the city in such enterprise; a description of all of the lands constituting the drilling unit; and the precise location of the proposed gas well. In addition, the resolution and order shall fix the time when an election will be held for the purpose of voting on the proposal. Such resolution and order shall be published as a part of the notice of the election.
History:
L. 1951, ch. 186, § 5; L. 1955, ch. 122, § 1; L. 1981, ch. 173, § 50; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1046 Same; effect of resolution, order and election; landowner may petition court; proceedings.

14-1046.
Same; effect of resolution, order and election; landowner may petition court; proceedings.
The land area described in such resolution and order shall constitute the drilling unit, and the approval of the proposal to drill such gas well, as evidenced by the result of said election, shall operate as a consent of all owners of natural gas underlying that portion of said drilling unit lying within the corporate limits of said city to the taking of such gas by said city and shall entitle the city to an acreage allowable equal to the number of acres lying within the corporate limits of said city and included in said drilling unit: Provided, however, That any owner of land situated within the corporate limits of said city feeling aggrieved by the interests and authority granted to said city by this act and by the approval of the proposal submitted at said election, may within ninety days after the date of said election, petition the district court of the county in which said city is located setting out any facts tending to show that such action will work undue hardship or operate inequitably as to the said petitioner.
Copy of the petition and of a summons shall be served upon the mayor of the city and the city shall within twenty days thereafter file answer thereto, and the cause shall be heard and determined by the court as a proceeding in equity, and the court shall find the facts and make such orders and enter such decree in the premises as the law and equities of the case require, and in case the court finds in favor of the petitioner, the acreage owned by said petitioner shall be excluded from said drilling unit and the acreage allowable for natural gas production to said city shall be reduced accordingly. Any owner of land or mineral rights situated within the corporate limits of said city and included in said drilling unit who shall fail to petition the district court as herein authorized and have a determination of his or her rights, if any, shall thereafter be forever barred.
History:
L. 1951, ch. 186, § 6; March 30.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1047 Cemetery property of private association; definitions.

14-1047.
Cemetery property of private association; definitions.
As used in this act: (a) The term "cemetery association" shall mean a cemetery association which is a private corporation chartered as a voluntary association for charitable purposes and which controls, manages and maintains a cemetery and cemetery lands; (b) the word "city" means a city of the second class.
History:
L. 1951, ch. 216, § 1; March 3.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1048 Same; transfer to city and dissolution.

14-1048.
Same; transfer to city and dissolution.
Any such cemetery association may transfer the control, management and maintenance of the cemetery and cemetery lands under its control and all of the property, assets, books and records of such association to a city and provide for the dissolution of such association in the manner provided in this act. Such transfer and dissolution shall be governed by and effected solely under the provisions of this act.
History:
L. 1951, ch. 216, § 2; March 3.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1049 Same; resolution of associations; publication; void upon protest of lot owners.

14-1049.
Same; resolution of associations; publication; void upon protest of lot owners.
The board of directors of any such cemetery association deeming it advisable to transfer the control, management and maintenance of the cemetery and cemetery lands under its control and all of the property, assets, books and records of such association to a city and to dissolve such association may adopt a resolution to that effect and the secretary of said association shall cause such resolution and a notice of its adoption to be published in a newspaper of general circulation in the county where the cemetery of such association is located once a week for two consecutive weeks.
If within thirty (30) days after the date of the last publication a petition is filed with the secretary of such cemetery association signed by at least thirty percent (30%) of the lot owners of the cemetery of such cemetery association protesting the adoption of such resolution and such proposed transfer and dissolution, such resolution shall be of no force or effect. The sufficiency of any such petition shall be determined by the board of directors of such association. If a sufficient protest petition shall not be filed within the time hereinbefore prescribed, then the board of directors may file a copy of such resolution in the office of the city clerk of such city in the manner provided in K.S.A. 14-1050.
History:
L. 1951, ch. 216, § 3; March 3.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1050 Same; resolution filed with city clerk; city ordinance; publication; protest petition; election.

14-1050.
Same; resolution filed with city clerk; city ordinance; publication; protest petition; election.
Whenever the board of directors of any cemetery association shall file in the office of the city clerk of a city a copy of the resolution adopted under the provisions of K.S.A. 14-1049 and which has been certified by the president and the secretary of such association as having been duly adopted by the board of directors of such association and published and not protested by petition as authorized in K.S.A. 14-1049, the governing body of such city may enact an ordinance accepting the transfer of the control and maintenance of the cemetery and cemetery lands and all of the property, assets, books and records of such cemetery association.
Such ordinance shall be published in the official city paper once a week for two consecutive weeks and shall be in force and effect thirty (30) days after the date of the last publication unless before such date a petition protesting such ordinance is filed in the office of the city clerk of such city, signed by at least thirty percent (30%) of the qualified electors of such city determined on the basis of the total vote cast for secretary of state in such city at the last preceding general election.
If such a petition is filed, then the governing body of such city shall submit the proposition of the enactment of such ordinance to the electors of such city at a regular city election or special election called for that purpose and, if a majority of those voting on the proposition shall vote in favor thereof then said ordinance shall become effective.
History:
L. 1951, ch. 216, § 4; March 3.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1051 Same; transfer of property; dissolution of association.

14-1051.
Same; transfer of property; dissolution of association.
(a) Immediately after such ordinance of any such city shall become effective:
(1) The treasurer of such cemetery association shall pay over, transfer or deliver to the city treasurer of such city all moneys, bonds, securities and records of such cemetery association in his or her possession or under his or her control and such city treasurer shall issue his or her receipt therefor to the treasurer of such association;
(2) the board of directors of such cemetery association shall transfer or turn over to such city all of the other property, assets, books and records of such association and the transfer of any real estate or interest therein of such association shall be made by deed or other appropriate instrument of conveyance executed as provided in section 17-3007 of the General Statutes of 1949.
(b) Upon the disposal of all the assets and property of such cemetery association as hereinbefore provided, the secretary of such association shall file an affidavit with the secretary of state stating that all the property and assets have been disposed of in compliance with the provisions of this act and that the board of directors have adopted a resolution to dissolve the association as provided in K.S.A. 14-1049, which affidavit shall be accompanied by a copy of the publication notice provided for in K.S.A. 14-1049 together with an affidavit or proof of publication by the manager or publisher of the newspaper in which said notice was published. Said corporation shall be deemed to be dissolved on the date of the filing of said affidavit and publication notice and proof thereof.
History:
L. 1951, ch. 216, § 5; March 3.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1052 Cemetery property transferred from cemetery association; management, control and operation by city; tax levy, use of proceeds.

14-1052.
Cemetery property transferred from cemetery association; management, control and operation by city; tax levy, use of proceeds.
(a) Upon the completion of the transfer of all the property, assets and records of the cemetery association to the city as provided in subsection (a) of K.S.A. 14-1051 the governing body of the city:
(1) Shall have and shall assume the management, control, operation and maintenance of such cemetery, cemetery lands, and other cemetery property, assets and records, the same to be exercised in the manner as now or may be hereafter provided by law for the management, control, operation and maintenance of cemeteries, cemetery lands and property by cities of the second class;
(2) shall assume and be liable for all indebtedness and liabilities of the cemetery association existing at the time of such transfer; and
(3) shall place all moneys and securities, which were in the perpetual care fund of the cemetery association and transferred to the city, in a separate permanent fund and may invest and reinvest the same in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein and shall use only the income from such investments for the purposes and uses for which said fund was originally created by the cemetery association.
(b) The governing body of a city that has accepted the transfer of property, assets, books and records of the cemetery association as provided in this act and has assumed the management, control, maintenance and operation of the property so transferred, may levy an annual tax on all the tangible taxable property in such city for the purpose of providing funds for the care, maintenance and operation of such cemetery and to pay liabilities and expenses and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto.
History:
L. 1951, ch. 216, § 6; L. 1970, ch. 81, § 17; L. 1975, ch. 494, § 26; L. 1977, ch. 54, § 18; L. 1979, ch. 52, § 75; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1053 Bonds for cemetery improvement in certain cities of more than 10,000 population; election.

14-1053.
Bonds for cemetery improvement in certain cities of more than 10,000 population; election.
Whenever it is necessary or desirable in the opinion of the governing body of a city of the second class having a population of more than 10,000 and located in a county having a population of more than 40,000 to make any permanent improvement in a public cemetery owned by such city, including the paving or repaving, macadamizing or remacadamizing, grading or regrading, or otherwise improving any road or roadway in such cemetery, such governing body may by resolution declare the necessity and desirability of making such improvement and such city is hereby authorized to issue and sell bonds of the city in an amount not exceeding $35,000, and to use the proceeds from the bonds for the making of such improvements.
No bonds shall be issued by any city under the authority conferred by this section until the question of the issuance of the bonds has been submitted to a vote of the qualified electors of such city at a regular city election, or at a special election called for that purpose, at which a majority of those voting on the question vote in favor of the issuance of the bonds.
Such bond election shall be called and held and the bonds shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law. All bonds issued under the authority conferred by this act shall be subject to and within the bonded debt limitation provided by the laws of this state.
History:
L. 1951, ch. 185, § 1; L. 1981, ch. 173, § 51; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10 - Miscellaneous Provisions › 14-1060 Compromise, abatement or cancellation of certain taxes in certain cities.

14-1060. Compromise, abatement or cancellation of certain taxes in certain cities.
The provisions of this act shall apply to any city of the second class having a population of more than 4,800 and less than 5,500 operating under the manager form of government and located in a county having a population of more than 8,000 and less than 15,000. Whenever the title to any real property, upon which taxes may be due and delinquent, may be vested in any such city, then the state board of tax appeals is hereby authorized upon application of such city, and for good reasons shown, to compromise, abate or cancel all such taxes or any part thereof.
History:
L. 1969, ch. 448, § 1; L. 2008, ch. 109, § 37; L. 2014, ch. 141, § 31; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a01 Definition.

14-10a01.
Definition.
The word "duty" or "duties" as used in this act means any act performed by a policeman or fireman for the protection of life or property regardless of time or place.
History:
L. 1945, ch. 144, § 1; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a03 Benefit and disability benefit rights under prior laws saved.

14-10a03.
Benefit and disability benefit rights under prior laws saved.
This act shall not affect the rights nor decrease the pension or disability or retirement benefits of any officer or member of any fire or police department, or his or her dependent or dependents, who has been killed, permanently disabled, or retired under any previously authorized and existing pension or retirement system, nor shall any officer or any member of any fire or police department in service at the time of the effective date of this act, who is at said time entitled to a pension or disability benefit, receive any deduction in the pension or disability benefit to which he or she is entitled under existing laws in force at the effective date of this act. All such pensions and benefits shall be paid from the policemen's pension fund or the firemen's pension fund created by this act, as the case may be.
History:
L. 1945, ch. 144, § 3; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a04 Board of trustees for each fund; president and secretary; treasurer.

14-10a04.
Board of trustees for each fund; president and secretary; treasurer.
The pension funds established under the provisions of this act shall be administered as follows: Each fund shall be administered by a board of trustees which shall consist of the mayor of said city, the chief officer of the department and three delegates-at-large from the department, to be elected by the officers and members thereof at an annual meeting to be called by the chief officer of the department and held on the first Tuesday of July of each year, whose term of office shall be for one year, one of said boards shall be known as the "board of trustees of the firemen's pension fund," and the other as the "board of trustees of the policemen's pension fund." The board shall elect, from their members, a president and secretary. The city treasurer shall be ex officio treasurer of said boards, and as such shall have charge of the funds and securities provided for herein. No member of the board of trustees or the treasurer shall receive any compensation for services.
History:
L. 1945, ch. 144, § 4; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a05 Pension funds; tax levy, use of proceeds; investment.

14-10a05.
Pension funds; tax levy, use of proceeds; investment.
(a) The amount of money derived from taxes levied, except for an amount to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto, and all money received from assessments, dues and donations for the benefit of such funds shall constitute pension trust funds to be known and designated, respectively, as the policemen's pension fund and the firemen's pension fund. Such pension funds shall be devoted exclusively to and for the purposes enumerated in this section. All moneys derived from the taxes levied and money received from other sources as enumerated in this section shall be paid into the policemen's pension fund or the firemen's pension fund, as the case may be, until the amount in such pension fund equals the total of the actuarially determined liabilities which are attributable to all members in active service and to all persons who are receiving, or who are entitled to receive in the future, pensions and other benefits from such fund. Further tax levies shall be made only for the purpose of maintaining each pension fund at such level.
(b) All moneys accumulated under the provisions of this act shall be deposited by the treasurer in the same manner as other city funds, except that the board of trustees, at their option, may invest any of such reserve funds in: (1) Investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein;
(2) direct obligation bonds of the United States of America maturing, or redeemable at par and accrued interest, within three years from date of purchase; or
(3) bonds of any municipality in the state of Kansas, the total bonded indebtedness of which is less than 15% of the total assessed tangible valuation of such municipality. Such bonds shall mature within five years from the date of purchase.
History:
L. 1945, ch. 144, § 5; L. 1976, ch. 89, § 6; L. 1977, ch. 54, § 19; L. 1979, ch. 52, § 77; L. 1998, ch. 64, § 11; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a06 Membership fee and contributions by officers and members of department; refunds; limitations.

14-10a06.
Membership fee and contributions by officers and members of department; refunds; limitations.
Every new officer and member of such police and fire departments shall be required to pay to the treasurer of such board a membership fee of $5. There shall be deducted from the salary of every officer and member of each department an amount equal to 7% of such officer's or member's monthly salary, which shall be paid into the respective pension funds. Any officer or member, whose services, for any reason whatsoever, are terminated with the department shall be entitled, upon demand, to be paid within 30 days after such demand, the total amount of the deduction from such officer's or member's salary paid into such fund, less 50% thereof. In the event such officer or member should renew such officer's or member's services with such department the officer or member shall, as a condition of employment and subject to the provisions of subsection (h) of K.S.A. 14-10a02, and amendments thereto, return to such fund the amount withdrawn.
History:
L. 1945, ch. 144, § 6; L. 1976, ch. 89, § 7; L. 1998, ch. 64, § 12; July 1.