reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-184b Forms of governments; adoption; abandonment procedures; governing body; terms of office; other.

12-184b. Forms of governments; adoption; abandonment procedures; governing body; terms of office; other.
(a) Subject to subsection (b) and K.S.A. 12-1039, and amendments thereto, any city may adopt by ordinance one of the following forms of government:
(1) Commission;
(2) mayor-council;
(3) commission-manager;
(4) mayor-council-manager;
(5) council-manager; or
(6) any other form of government authorized by law or by ordinance or charter ordinance of the city.
(b) Any city which has operated for four or more years under a form of government may abandon such form and adopt a different form of government. The provisions of K.S.A. 12-184, and amendments thereto, shall govern the procedure for the adoption or abandonment of such form of government.
(c) The governing body of the city may establish by ordinance any of the following:
(1) The powers and duties of the governing body, including the mayor and other elected officials;
(2) the terms of office of members of the governing body, including the mayor and other elected officials of either two, three or four years;
(3) the election by ward or district of members of the governing body, if applicable;
(4) the powers and duties of the city manager, if applicable;
(5) the administrative departments of the city; and
(6) other matters deemed appropriate by the governing body.
History:
L. 2015, ch. 88, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-185 Cities between 100,000 and 160,000 population and agencies thereof operating residential property outside city; payment in lieu of taxes to school district

12-185.
Cities between 100,000 and 160,000 population and agencies thereof operating residen
tial property outside city; payment in lieu of taxes to school district
. Every city of the state of Kansas having a population of more than one hundred thousand (100,000) and not more than one hundred sixty thousand (160,000) and every agency or authority created and established by such city now owning or controlling or hereafter acquiring residential property located within a school district, a majority of the territory of which lies outside the corporate limits of such city, which property is acquired or held for the purpose of resale or rental to the public for private residential purposes and which is exempt from the payment of ad valorem taxes under the laws of the state of Kansas by reason of the ownership thereof, shall on or before February 1 of each year pay to the school district in which such property is located an amount in lieu of taxes thereon equal to the amount which would have been levied upon such property for all such school district purposes except the general fund of the school district, if such property were subject to ad valorem taxes.
History:
L. 1977, ch. 51, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-186 Same; use of moneys by school district.

12-186.
Same; use of moneys by school district.
Moneys received by school districts from cities or agencies or authorities thereof under the provisions of K.S.A. 12-185 may be credited to any fund of the school district except the general fund.
History:
L. 1977, ch. 51, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-187a Same; power conferred to impose tax outside of boundaries.

12-187a.
Same; power conferred to impose tax outside of boundaries.
For the purpose of levying taxes pursuant to K.S.A. 12-187 et seq., and amendments thereto, there is hereby specifically conferred upon cities and counties of this state the power and authority to impose taxes upon services rendered without the boundaries of the taxing jurisdiction by retailers having a place of business located within such taxing jurisdiction.
History:
L. 1983, ch. 58, § 1; April 28.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-189a Same; certain sales exempt from state sales tax subject to local tax.

12-189a. Same; certain sales exempt from state sales tax subject to local tax.
The following sales shall be subject to the taxes levied and collected by all cities and counties under the provisions of K.S.A. 12-187 et seq., and amendments thereto:
(a) All sales of natural gas, electricity, heat and water delivered through mains, lines or pipes to residential premises for noncommercial use by the occupant of such premises and all sales of natural gas, electricity, heat and water delivered through mains, lines or pipes for agricultural use, except that effective January 1, 2006, the provisions of this subsection shall expire for sales of water pursuant to this subsection;
(b) all sales of propane gas, LP-gas, coal, wood and other fuel sources for the production of heat or lighting for noncommercial use of an occupant of residential premises;
(c) all sales of intrastate telephone and telegraph services for noncommercial use; and
(d) all sales of food and food ingredients.
History:
L. 1979, ch. 326, § 4; L. 2003, ch. 147, § 29; L. 2022, ch. 89, § 2; January 1, 2023.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-189d Sales of bingo cards, faces and instant bingo tickets; exempt.

12-189d.
Sales of bingo cards, faces and instant bingo tickets; exempt.
All sales of bingo cards, bingo faces and instant bingo tickets by licensees under K.S.A. 79-4701 et seq., and amendments thereto, shall be exempt from the taxes levied and collected by cities and counties under K.S.A. 12-187 et seq., and amendments thereto.
History:
L. 2000, ch. 173, § 25; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-189g City retailer's sales tax; validation of certain election results of the city of Latham.

12-189g. City retailer's sales tax; validation of certain election results of the city of Latham.
The result of an election that was held on November 2, 2021, for the approval of levying a city retailers' sales tax of 0.5% for the purpose of providing an adequate level of public services to be levied by the city of Latham, in Butler county, in accordance with K.S.A. 12-187, and amendments thereto, and notice of which was first published 20 days prior to the election, instead of 21 days prior to the election, is hereby validated. The city of Latham may levy the tax in the amount and for the purpose approved by the voters at the election, and the department of revenue shall administer and collect such tax as provided in K.S.A. 12-189, and amendments thereto.
History:
L. 2022, ch. 63, § 19; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-195a Same; allotment of county proceeds to townships.

12-195a.
Same; allotment of county proceeds to townships.
Any county receiving revenue derived from a countywide retailers' sales tax imposed pursuant to K.S.A. 12-187, and amendments thereto, is authorized to allot any portion of such revenue allocated to the county to any township located within such county.
History:
L. 1984, ch. 57, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-196 Same; transfer of revenue to road and bridge fund.

12-196.
Same; transfer of revenue to road and bridge fund.
The board of county commissioners may transfer any portion of the revenue received pursuant to K.S.A. 12-192 from the county general fund to the county road and bridge fund.
History:
L. 1982, ch. 109, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-197 Same; pledging of revenue received; procedure.

12-197.
Same; pledging of revenue received; procedure.
The governing body of any city or the board of commissioners of any county which has adopted an ordinance or resolution submitting to the electors of such city or county a proposition on the imposition of a retailers' sales tax within such city or county in accordance with the provisions of K.S.A. 12-187, and amendments thereto, and the governing body of any city located within a county the electors of which are scheduled to vote or have voted on the proposition of imposing a countywide retailers' sales tax, may adopt an ordinance or resolution pledging the general purposes proposed for the future use of all or a portion of the revenue to be received from such tax if the proposition is or has been approved by the voters. Such ordinance or resolution shall be adopted in accordance with the provisions and procedural requirements of K.S.A. 12-137 or K.S.A. 19-117, and amendments thereto, and shall continue in effect for the time specified therein unless the same is repealed or amended in accordance with the provisions and procedural requirements of the appropriate statute. Any pledge of revenue to be received from such tax, or obligations secured by such pledge, made or incurred under the provisions of this section shall not be subject to the provisions of articles 10 and 11 of chapter 10 of the Kansas Statutes Annotated and K.S.A. 79-2925, and amendments thereto.
History:
L. 1982, ch. 64, § 1; L. 2010, ch. 83, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-199 Imposition of city and county compensating use tax upon certain motor vehicles; rate; administration, collections and distribution.

12-199.
Imposition of city and county compensating use tax upon certain motor vehicles; rate; administration, collections and distribution.
(a) A compensating use tax for the privilege of using or storing within a city or county any vehicle which is required to be registered under the provisions of article 1 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto, and which is purchased within this state but without the local retailers' sales taxing jurisdiction of such city or county, is hereby imposed by every city or county imposing a retailers' sales tax. The rate of any such tax shall be equal to the difference between the aggregate rate of all local retailers' sales tax rates imposed by all local retailers sales taxing jurisdictions of the situs of such vehicle less the aggregate rate of all local retailers' sales tax rates imposed by all local retailers' sales taxing jurisdictions of the situs of the purchase of such vehicle. Except as otherwise provided in this section, any city or county imposing a compensating use tax is prohibited from administering such tax locally, but shall utilize the services of the state department of revenue to administer and enforce such tax. All laws and rules and regulations of the state department of revenue relating to the Kansas compensating tax shall apply to such local compensating use tax insofar as the same may be made applicable. Such tax shall be collected by the county treasurer at the time the vehicle is registered in this state following a sale occurring within this state. Registration of such vehicle within a taxing jurisdiction shall be deemed to constitute use or storage thereof for compensating tax purposes and the residence or place of business of the applicant shall be deemed to be the situs of such use or storage for purposes of the collection and distribution thereof.
(b) The secretary of revenue is authorized to administer and enforce a city's or county's compensating use tax and to adopt such rules and regulations necessary for the efficient and effective administration, enforcement and collection thereof.
(c) All revenue received by any county treasurer from a countywide compensating use tax shall be apportioned among the county and each city located in such county in the same manner as provided in K.S.A. 12-192, and amendments thereto, for the apportionment of revenue received from a countywide retailers' sales tax, and all revenue received from a city compensating use tax shall be remitted at least quarterly to the treasurer of such city.
History:
L. 2002, ch. 131, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-1,102 Same; definitions.

12-1,102.
Same; definitions.
When used in this act the following terms shall have the meanings ascribed to them in this section:
(a) "Money" means gold and silver coin, United States treasury notes, and other forms of currency in common use;
(b) "notes and other evidence of debt" means certificates evidencing shares of stock otherwise taxable to the owner or holder, notes, bonds, debentures, claims secured by deed, liquidated claims and demands for money, accounts receivable, and all written instruments, contracts or other writings evidencing, calling for, fixing or showing a fixed obligation, determined or determinable, at present or in the future, in favor of the holder thereof. Notes and other evidence of debt shall not mean oil or gas leases or any interests created thereby or arising therefrom or any royalty interests in oil or gas.
History:
L. 1982, ch. 63, § 2; May 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-1,103a Same; tax situs.

12-1,103a.
Same; tax situs.
(a) Gross earnings derived from money, notes and other evidence of debt which is received or receivable by any individual arising out of, or acquired in the conduct of, business transacted by such person in this state shall be presumed to have been received or receivable at the individual's place of domicile within this state or, if there is no such place of domicile, then at the place or places at which any of the money, notes or other evidence of debt of the individual have acquired a situs within this state.
(b) Gross earnings derived from money, notes and other evidence of debt which is received or receivable by any firm, association or corporation arising out of, or acquired in the conduct of, business transacted by such firm, association or corporation in this state shall be presumed to have been received or receivable at the principal business office of such firm, association or corporation located within this state or, if there is no such office, then at the place or places at which any of the money, notes or other evidence of debt of the firm, association or corporation have acquired a situs within this state.
(c) The presumption created in subsections (a) and (b) may be rebutted by substantial evidence that the person, firm, association or corporation otherwise entitled to receive the gross earnings from money, notes or other evidence of debt has relinquished possession and control over such money, notes or other evidence of debt and the gross earnings therefrom, and that the money, notes or other evidence of debt and the gross earnings therefrom have been localized at, and integrated with the business of, some location in this state other than that specified in subsection (a) or (b).
History:
L. 1984, ch. 64, § 1; March 29.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-1,105 Same; penalty for refusal or failure to file return.

12-1,105.
Same; penalty for refusal or failure to file return.
In every case where any person or corporation shall fail or refuse to make the return required by this act, the county clerk shall proceed to ascertain and determine the tax due thereon and add 50% of the tax so determined, as a penalty for failure to make such return.
History:
L. 1982, ch. 63, § 5; May 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-1,106 Same; time of payment; collection.

12-1,106.
Same; time of payment; collection.
Taxes levied by counties, cities and townships pursuant to this act shall be due and payable at the time or times prescribed by law for the payment of personal property taxes. The county treasurer of each county in which taxes are levied pursuant to this act shall include a statement of the amount of the tax so computed with the personal property tax statement of each taxpayer. When the amount of tax levied pursuant to this act is less than $5, such tax shall be cancelled. The tax levied pursuant to this act shall be collected by the county treasurer and the sheriff in the same manner as personal property taxes are collected.
History:
L. 1982, ch. 63, § 6; May 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-1,107 Same; disposition of tax receipts.

12-1,107.
Same; disposition of tax receipts.
(a) Except as provided in subsection (b), the proceeds of all taxes levied pursuant to this act shall be credited to the general fund of the county, city or township levying the same.
(b) In counties which have adopted the county unit road system, the amount credited to a township shall be limited to an amount which when added to all other amounts of revenue for the general fund and all other funds of the township will not exceed the amount of the adopted budget for such funds, and all moneys exceeding such amount shall be credited as follows: (1) One-half to the county general fund and (2) one-half to the county road and bridge fund.
History:
L. 1982, ch. 63, § 7; L. 1983, ch. 61, § 3; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-1,108 Same; inspection of returns; unlawful acts, penalty.

12-1,108.
Same; inspection of returns; unlawful acts, penalty.
Any list or statement filed with or as a part of any return or any statement of tax liability shall only be open to inspection by the director of taxation and the county clerk and treasurer of the county wherein the same is computed, and such director's, clerk's or treasurer's assistants and clerks, except upon order of a court of competent jurisdiction, and it is hereby made unlawful to exhibit, disclose or publish any such list or statement or any part of the same or any of the items of the same. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum of not less than $100 and not more than $500 and shall be adjudged to have forfeited their office or appointment.
History:
L. 1982, ch. 63, § 8; L. 1983, ch. 61, § 4; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-1,115 Collection of certain unpaid special assessments; action in district court for debt.

12-1,115.
Collection of certain unpaid special assessments; action in district court for debt.
If any special assessments levied by the city in accordance with K.S.A. 12-1617e, 12-1617f or 12-1755, and amendments thereto, remain unpaid for a period of one year or more after their initial levy, the city may collect the amount due in the same manner as a personal debt of the property owner to the city by bringing an action in the district court of the county in which the city is located. Such actions may be maintained, prosecuted, and all proceedings taken, including any award of postjudgment interest in accordance with K.S.A. 16-204, and amendments thereto, to the same effect and extent as for the enforcement of an action for debt. All provisional remedies available in such actions shall be and are hereby made available to the city in the enforcement of the payment of such obligations. In such actions, the city also shall be entitled to recover interest at the rate provided in K.S.A. 79-2004, and amendments thereto, from and after the date a delinquency occurs in the payment of special assessments levied in accordance with K.S.A. 12-1617e, 12-1617f or 12-1755, and amendments thereto. The city may pursue collection both by levying a special assessment and in the manner provided by this section, but only until the full cost and any applicable interest has been paid in full.
History:
L. 1985, ch. 73, § 4; L. 1992, ch. 319, § 12; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-1,117 Municipal equipment reserve fund; purpose; investment and transfer of moneys in fund.

12-1,117.
Municipal equipment reserve fund; purpose; investment and transfer of moneys in fund.
(a) The governing body of any city may provide, by adoption of an ordinance, for a municipal equipment reserve fund to finance the acquisition of equipment. Moneys may be budgeted and transferred to such fund from any source which may be lawfully utilized for such purposes, including equipment use charges on the various departments and agencies of the city to finance new and replacement equipment. For the purposes of this act, equipment shall include machinery, vehicles and any other equipment or personal property including, but not limited to, computer hardware and software, which the city is authorized to purchase for municipal purposes.
(b) Moneys credited to such fund from annually budgeted transfers shall not thereafter be subject to the provisions of K.S.A. 79-2925 to 79-2937, inclusive, and amendments thereto. In making the budgets of such city, the amounts credited to, and the amount on hand in, such equipment reserve fund and the amount expended therefrom shall be shown thereon for the information of the taxpayers of such city. Moneys in such fund may be invested in accordance with the provisions of K.S.A. 10-131, and amendments thereto, with interest thereon credited to such fund.
(c) If the governing body of any city determines that money which has been credited to such fund or any part thereof is not needed for the purposes for which so budgeted or transferred, the governing body may transfer, by adoption of a resolution, such amount not needed to the fund from which it came and such retransfer and expenditure thereof shall be subject to the budget requirement provisions of K.S.A. 79-2925 to 79-2937, inclusive, and amendments thereto.
History:
L. 1985, ch. 65, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-1,118 Multi-year capital improvement fund; purpose; investment and transfer of moneys in fund.

12-1,118.
Multi-year capital improvement fund; purpose; investment and transfer of moneys in fund.
(a) The governing body of any city, which has formally approved a multi-year capital improvement plan setting forth the public improvement and infrastructure needs of the city on a prioritized basis, may establish, by adoption of an ordinance, a capital improvements fund. The ordinance establishing such fund, and any amendments thereto, may provide for the budgeted transfer of moneys from other city funds lawfully available for improvement purposes to the capital improvements fund, including moneys in the city's federal general revenue sharing fund and general fund. Any general property tax specifically levied for the use of such fund shall be authorized by ordinance adopted under the provisions of section 5 of article 12 of the Kansas constitution.
(b) Moneys in such capital improvements fund may be used to finance, in whole or in part, any public improvement need set forth in the adopted capital improvement plan, including the repair, restoration and rehabilitation of existing public facilities. The ordinance may provide that disbursements from such fund may be made for engineering and other advance public improvement plans and studies and that reimbursements may be made to the fund from bond proceeds, special assessments or state or federal aid available for the completed project.
(c) Except for such reimbursed expenses, no moneys shall be credited to such special fund except as may be budgeted annually, or transferred by the annual budget from other funds. Such fund shall not thereafter be subject to the provisions of K.S.A. 79-2925 to 79-2937, inclusive, and amendments thereto. In making the budgets of such cities, the amounts credited to, and the amount on hand in, such special fund and the amount expended therefrom shall be shown thereon for the information of the taxpayers of such cities. Moneys in such fund may be invested in accordance with the provisions of K.S.A. 10-131, and amendments thereto, with interest thereon credited to such fund.
(d) If the governing body of any city determines that money which has been transferred to such special fund or any part thereof is not needed for the purposes for which so transferred, the governing body, by adoption of a resolution, may transfer such amount not needed to the general or other fund from which it was derived and such transfer and expenditure thereof shall be subject to the budget requirement provisions of K.S.A. 79-2925 to 79-2937, inclusive, and amendments thereto.
History:
L. 1985, ch. 67, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-1,119 Consolidated street and highway fund; transfer of moneys; use of moneys.

12-1,119.
Consolidated street and highway fund; transfer of moneys; use of moneys.
The governing body of any city may provide, by ordinance, for a consolidated street and highway fund to which may be credited moneys received by the city from state payments under the provisions of K.S.A. 68-416 and 79-3425c, and amendments thereto. The ordinance creating such fund also may provide for annually budgeting the transfer of moneys in the general or other operating funds of the city budgeted for street and highway purposes to the consolidated street and highway fund. Moneys in such fund shall be used solely for street and highway purposes. Moneys received pursuant to subsection (a) of K.S.A. 68-416, and amendments thereto, and credited to such fund shall be used solely for the maintenance of streets and highways in the city designated by the secretary of transportation as city connecting links.
History:
L. 1987, ch. 260, § 1; L. 1999, ch. 137, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-1,120 Fingerprinting of chief of police; fingerprints forwarded to K.B.I. for background investigation; cost.

12-1,120. Fingerprinting of chief of police; fingerprints forwarded to K.B.I. for background investigation; cost.
(a) Each person holding office as chief of police of any city in this state shall be fingerprinted as provided by this section.
(b) Before assuming the office of chief of police of any city in this state, a person shall be fingerprinted as provided by this section.
(c) Fingerprinting pursuant to this section shall be done by the law enforcement agency of the city in the presence of the city clerk. The city clerk shall forthwith forward the fingerprints to the Kansas bureau of investigation for a search of state and national fingerprint files to determine whether the person qualifies for admission to the law enforcement training center pursuant to subsection (f) of K.S.A. 74-5607, and amendments thereto. The Kansas bureau of investigation shall certify any conviction record of the person, or lack thereof, found as a result of such search to the city clerk and, if such a record is found, to the attorney general.
(d) Fingerprints taken and submitted pursuant to this section shall be on forms approved by the attorney general.
(e) The cost of a search of fingerprint files pursuant to this section shall be paid by the person being fingerprinted.
History:
L. 1987, ch. 93, § 2; L. 2006, ch. 170, § 4; L. 2010, ch. 42, § 2; L. 2012, ch. 89, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 1 - General Provisions › 12-1,121 Publication of notices, advertisements or other publications; failure to publish in strict compliance with law; validity.

12-1,121.
Publication of notices, advertisements or other publications; failure to publish in strict compliance with law; validity.
Whenever any notice, advertisement or publication of any kind is required to be published in a newspaper by any of the laws of the state of Kansas three or more consecutive times as a condition precedent for a political or taxing subdivision to take action or exercise any authority, no such action taken or authority exercised shall be deemed to be invalid on account of the newspaper's oversight in failing to publish one of such notices, advertisements or publications in strict accordance with the provisions of law requiring the same if compliance with the number of publication requirements for notices, advertisements or publications has been achieved prior to the taking of such action or exercise of such authority.
The provisions of this section shall not be applicable to K.S.A. 60-307, and amendments thereto.
History:
L. 1988, ch. 176, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 2 - Municipal Liability › 12-205 Municipal exemption or immunity from antitrust liability.

12-205.
Municipal exemption or immunity from antitrust liability.
(a) When used in this section "municipality" means any city, county, township or other political or taxing subdivision of the state.
(b) The legislature of the state of Kansas recognizes the importance and the necessity of providing and regulating certain services and activities by municipalities in order to serve and protect the public's general health, safety and welfare. Municipalities which are authorized specifically by statute or through the exercise of the municipalities' home rule power are urged to continue to provide and regulate such services and activities. Except as provided in subsection (d), such municipalities and the officers and employees thereof shall be exempt from civil liability except for injunctive relief under the antitrust laws of the state of Kansas in article 1 of chapter 50 of the Kansas Statutes Annotated. The prevailing party in any suit for such injunctive relief may be awarded attorney fees. The bond requirements of K.S.A. 60-905, and amendments thereto, shall not be applicable in suits for injunctive relief brought against municipalities for violation of the antitrust laws of the state.
(c) The antitrust immunity and exemption provided by subsection (b) shall be in addition to any municipal exemption or immunity from antitrust liability which might otherwise exist.
(d) Nothing contained in this section shall preclude the attorney general or any county or district attorney from bringing an action against a municipality for a violation of the antitrust laws or any other laws of the state.
History:
L. 1985, ch. 181, § 1; May 2.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-301 Consolidation of cities; definitions.

12-301.
Consolidation of cities; definitions.
As used in K.S.A. 12-302 et seq., and amendments thereto:
(a) "City" means any city.
(b) "Council" means the governing body of a city.
History:
L. 1887, ch. 112, § 1; L. 1911, ch. 74, § 1; R.S. 1923, § 12-301; L. 1959, ch. 67, § 1; L. 2006, ch. 207, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-302 Same; initiation of process; election; limitations.

12-302.
Same; initiation of process; election; limitations.
(a) Whenever the governing bodies of two or more cities desire to consolidate such cities, they may submit the question of consolidating such cities at elections called and held in the manner provided in subsection (b) or may adopt a joint resolution announcing their intent to consolidate the cities and publish such resolution at least once a week for two consecutive weeks in a newspaper of general circulation within the cities. Upon the expiration of 10 days after the date of the last publication of the resolution, the governing bodies of the cities shall have the power to consolidate the cities by joint ordinance unless prior thereto a protest petition signed by at least 5% of the qualified electors of any one of the cities is filed with the city clerk of such city. Cities which propose to consolidate and which do not receive such a protest petition shall request the city council of the largest city to fix a time for a joint session of the city councils of the cities to pass an ordinance consolidating them. If such a protest petition is filed, the governing body of such city shall call a special election to submit the question of consolidation in the manner provided in subsection (b). Joint resolutions announcing a proposed consolidation shall not be adopted more often than once a year.
(b) Whenever a petition signed by not less than 5% of the qualified electors of a city is presented to the governing body, requesting an election on the question of consolidation with another city or cities, or whenever the governing body of any city on its own motion elects to submit the question of consolidating with another city or cities, the mayor, within 20 days after the petition is filed or after such action is taken by the governing body, shall call such an election. Such election shall be held within 50 days after such petition is filed, or such action is taken by the governing body. A notice of the election shall be published not less than 30 days prior to the holding thereof. If a majority of the votes cast at such election favor consolidation, the governing body, at its next regular meeting, shall pass a resolution stating that the city desires to be consolidated with such other city or cities and become a part thereof. The governing body shall request the city council of the other city or cities to fix a time for a joint session of the city councils of the cities to pass an ordinance consolidating the same. At such meeting, the governing body of the city which has held an election at which a majority of the votes cast were in favor of such consolidation shall vote for the joint ordinance consolidating the cities. Elections under the provisions of this act shall not be held more often than once a year.
History:
L. 1887, ch. 112, § 2; L. 1911, ch. 74, § 2; R.S. 1923, § 12-302; L. 1959, ch. 67, § 2; L. 1968, ch. 366, § 1; L. 1981, ch. 173, § 11; L. 2006, ch. 207, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-303 Name of city; election for change, when.

12-303.
Name of city; election for change, when.
The name of the city resulting from the consolidation shall be that of the city having the greatest number of inhabitants: Provided, That if the governing bodies of the consolidating cities agree on a name other than that of the largest city the name agreed upon shall be set out in the joint resolution authorized by subsection (a) of K.S.A. 12-302 and shall become the name of the city resulting from the consolidation unless a protest petition directed against the agreed name shall have been filed in the manner prescribed in subsection (a) of K.S.A. 12-302; and if such a protest petition against the agreed name is filed, then the question of the adoption of the agreed name shall be submitted to the voters of the city in like manner as prescribed by subsection (b) of K.S.A. 12-302: Provided further, That if the petition submitted pursuant to subsection (b) of K.S.A. 12-302 to the governing body of the city requesting consolidation, shall also request the name of the proposed consolidated city be submitted to the electors of such city, the question of the name of such city shall be submitted at the same time and in the same manner as the question of consolidation of such cities.
The governing bodies of each of said cities proposing to consolidate, in a joint meeting, shall determine the name or names to be placed on the ballot and not more than three (3) names may be submitted and the name receiving the greatest number of votes of the total vote cast on the question shall be the name approved for the consolidated city by the petitioning city. In adopting its resolution for consolidation of the petitioning city, the governing body shall state clearly therein the name approved by the petitioning city for such consolidated city. Upon receipt of such resolution the governing body of the other city or cities may, if the name approved by the petitioning city be other than the name of the largest city, submit the name of the proposed consolidated city approved by the petitioning city to the voters of the other city or cities for their approval or rejection at a special election called for such purpose. If a majority of those voting on such proposition shall vote in favor of the proposed change, the governing bodies of each of said cities shall proceed as provided in the act of which this act is amendatory.
History:
L. 1887, ch. 112, § 4; R.S. 1923, § 12-303; L. 1955, ch. 76, § 1; L. 1959, ch. 67, § 3; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-304 Resolution for joint session of councils.

12-304.
Resolution for joint session of councils.
The city council of the largest city shall, on the receipt of such resolution, if deemed expedient, pass a resolution specifying the time of holding such joint session of the city councils of the cities proposing to consolidate.
History:
L. 1887, ch. 112, § 3; R.S. 1923, § 12-304; L. 1959, ch. 67, § 4; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-305 Holding joint session; officers.

12-305.
Holding joint session; officers.
At the time specified by the largest city for holding the session of the city councils, the councils of the cities proposing to consolidate shall meet in the council chamber of the largest city, and the mayor of the largest city shall be president of such session, and the clerk of such city shall be the secretary of such joint session. In case of the absence of either or both of said officers, the corresponding officers of the next largest city shall act as president and secretary, as the case may be. In the absence of both mayors or both clerks, the joint session shall elect a president or secretary from the councilmen present.
History:
L. 1887, ch. 112, § 5; R.S. 1923, § 12-305; L. 1959, ch. 67, § 5; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-306 Joint session; adjournment; vote requirement.

12-306.
Joint session; adjournment; vote requirement.
Said joint session may be adjourned from time to time, until the business for which it is assembled is completed. On all preliminary questions a majority of those present and voting shall be sufficient, but on the final passage of the joint ordinance there must be a majority of all the councilmen-elect of each city voting in the affirmative, to give such ordinance validity.
History:
L. 1887, ch. 112, § 6; R.S. 1923, § 12-306; L. 1968, ch. 366, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-307 Joint ordinance; publication.

12-307.
Joint ordinance; publication.
The joint ordinance shall be signed by the mayors of all the cities, and attested by the clerks, and shall be published in the official newspaper of each city. It shall provide some day in the future when such ordinance shall go into effect.
History:
L. 1887, ch. 112, § 7; R.S. 1923, § 12-307; L. 1959, ch. 67, § 6; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-308 Smaller city to become part of larger.

12-308.
Smaller city to become part of larger.
After the consolidation the other city or cities shall become a part of the largest and consolidated city, the same as other annexed territory, except as provided for in this act.
History:
L. 1887, ch. 112, § 8; R.S. 1923, § 12-308; L. 1959, ch. 67, § 7; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-309 Smaller city as ward; redistricting.

12-309.
Smaller city as ward; redistricting.
In case the consolidated city shall be divided into wards, the territory of each city party to the consolidation shall form at least one ward of the same until the consolidated city shall be redistricted into new wards.
History:
L. 1887, ch. 112, § 9; R.S. 1923, § 12-309; L. 1959, ch. 67, § 8; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-310 Filling vacancies in offices of smaller city.

12-310.
Filling vacancies in offices of smaller city.
After the passage and approval of the joint ordinance as herein provided, the mayor, by and with the consent of the council of the larger city, shall fill all vacancies of councilmen in the smaller city, as now provided by law.
History:
L. 1887, ch. 112, § 10; R.S. 1923, § 12-310; L. 1974, ch. 55, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-311 Ordinances and regulations of larger city operative.

12-311.
Ordinances and regulations of larger city operative.
All ordinances, rules and regulations of the largest city shall remain in force and effect over all the territory embraced in such consolidated city, and all ordinances of the other city or cities shall be repealed, except those locally applicable to such other city or cities.
History:
L. 1887, ch. 112, § 11; R.S. 1923, § 12-311; L. 1959, ch. 67, § 9; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-312 Terms of officers of smaller cities.

12-312.
Terms of officers of smaller cities.
On the taking effect of the consolidation herein provided for, the terms of all the officers of the city or cities, other than the largest city, shall cease, except that the city assessor of any such other city shall complete his or her work for the year.
History:
L. 1887, ch. 112, § 12; R.S. 1923, § 12-312; L. 1959, ch. 67, § 10; L. 1973, ch. 134, § 3; L. 1974, ch. 446, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-314 Debts of smaller cities assumed.

12-314.
Debts of smaller cities assumed.
All legal and enforceable debts, claims and demands against any of the other cities shall be assumed and paid by the consolidated city.
History:
L. 1887, ch. 112, § 14; R.S. 1923, § 12-314; L. 1959, ch. 67, § 12; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-315 Property of smaller cities.

12-315.
Property of smaller cities.
All the property of every description belonging to the other city or cities shall, upon the consolidation thereof, become the property of the consolidated city.
History:
L. 1887, ch. 112, § 15; R.S. 1923, § 12-315; L. 1959, ch. 67, § 13; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-316 Pending actions against smaller cities.

12-316.
Pending actions against smaller cities.
All actions at law pending in any court in favor or against the other city or cities shall be prosecuted and defended in the name of the consolidated city.
History:
L. 1887, ch. 112, § 16; R.S. 1923, § 12-316; L. 1959, ch. 67, § 14; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-318 Terms for consolidation stated in joint ordinance.

12-318.
Terms for consolidation stated in joint ordinance.
The joint ordinance provided for in this act shall state the terms upon which the consolidation of the cities shall be effected; and such ordinance may provide what business may be done by the city council of such other city or cities, and the board of education thereof, between the time when such joint ordinance shall take effect and the final consolidation of the cities, and no business shall be done which may be prohibited by such ordinance.
History:
L. 1887, ch. 112, § 18; R.S. 1923, § 12-318; L. 1959, ch. 67, § 16; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-319 Boundaries.

12-319.
Boundaries.
Such joint ordinance shall define the boundaries of the other city or cities, and for the purpose of making said boundaries regular, may include therein any territory already platted, and any territory adjacent to such other city or cities, that may be divided into tracts or parcels of land of seven (7) acres or less.
History:
L. 1887, ch. 112, § 19; R.S. 1923, § 12-319; L. 1959, ch. 67, § 17; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-320 Payment of collected taxes to treasurer, when.

12-320.
Payment of collected taxes to treasurer, when.
All taxes and assessments levied upon the territory of the other city or cities, by the city council, shall be paid over by the county treasurer, when collected, to the treasurer of the consolidated city.
History:
L. 1887, ch. 112, § 20; R.S. 1923, § 12-320; L. 1959, ch. 67, § 18; L. 1974, ch. 55, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-321 Subsequent consolidation proceedings permitted.

12-321.
Subsequent consolidation proceedings permitted.
The failure of the joint session of the councils to pass the joint ordinance herein provided for shall not prevent subsequent proceedings to consolidate the cities in the manner provided for in this act.
History:
L. 1887, ch. 112, § 21; R.S. 1923, § 12-321; L. 1959, ch. 67, § 19; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-322 Re-levy of taxes; validation of assessments.

12-322.
Re-levy of taxes; validation of assessments.
Where there has been any informality in the levying of the general taxes on any of the cities other than the largest city for any year, the joint session may by their joint ordinance re-levy the same, and such re-levy shall have the same effect as if the same had been passed at the time of making the general levy of taxes; and where any special assessment shall have been made and the work for which such assessment has been made has been done, and the city has actually assumed the payment for such work by issuing its obligations therefor or otherwise, the joint session of the councils may by their joint ordinance validate and legalize the same, notwithstanding there may have been informality in levying such assessment or in doing the work for which such special assessment has been made.
History:
L. 1887, ch. 112, § 22; R.S. 1923, § 12-322; L. 1959, ch. 67, § 20; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-323 Records of joint session of council.

12-323.
Records of joint session of council.
The proceedings of the joint session of the city councils herein provided for, in case of the passage of a consolidation ordinance, shall be copied in the journal of proceedings of the city council of the largest city, and the joint ordinance shall be recorded in the ordinance book of said city.
History:
L. 1887, ch. 112, § 23; R.S. 1923, § 12-323; L. 1959, ch. 67, § 21; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 3 - Consolidation Of Municipalities › 12-324 Records and moneys of smaller cities.

12-324.
Records and moneys of smaller cities.
All records, papers and documents of the city or cities, other than the largest city, in the hands of the city clerk of such other city or cities, shall be turned over to the clerk of the consolidated city, and become the records and documents of such consolidated city; and the treasurer of such other city or cities shall on demand turn over all the money in his or her hands belonging to such other city to the treasurer of the consolidated city.
History:
L. 1887, ch. 112, § 24; R.S. 1923, § 12-324; L. 1959, ch. 67, § 22; March 18.