reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,176 STAR bond projects using state financing; annual audit at municipality expense, scope; reporting, repayment, when.

12-17,176. STAR bond projects using state financing; annual audit at municipality expense, scope; reporting, repayment, when.
(a) STAR bond projects using state sales tax financing pursuant to K.S.A. 12-17,169, and amendments thereto, shall be audited by an independent certified public accountant annually at the expense of the city or county. The audit report shall supplement the annual report required pursuant to K.S.A. 12-17,169, and amendments thereto.
(b) Such audits shall determine whether bond financing obtained under K.S.A. 12-17,169, and amendments thereto, is being used only for authorized purposes. Audit results shall be reported to the house commerce, labor and economic development committee, the senate commerce committee, or successor committees, the governor and the secretaries of commerce and revenue during the legislative session immediately following the audit.
(c) If audit findings indicate that bond funds have been used for unauthorized or ineligible purposes, the city or county shall repay to the bond fund all such unauthorized or ineligible expenditures. Such city or county shall enter into a repayment agreement with the secretary of revenue specifying the terms of such repayment obligation.
History:
L. 2007, ch. 179, § 17; L. 2016, ch. 89, § 5; May 19.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,178 Severability.

12-17,178.
Severability.
If any provision of this act or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or application of the act which can be given effect without the invalid provisions or application and to this end the provisions of this act are declared to be severable.
History:
L. 2007, ch. 179, § 19; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,179 Application of act, by ordinance; expiration of act.

12-17,179. Application of act, by ordinance; expiration of act.
(a) A city that created a redevelopment district in an eligible area that was approved for STAR bonds prior to the effective date of this act for the city of Manhattan Discovery Center on December 28, 2006, and the Schlitterbahn project in Wyandotte county on December 23, 2005, may by ordinance elect to have the provisions of this act applicable to such redevelopment district.
(b) Subject to the provisions of section 61(h) of chapter 5 of the 2020 Session Laws of Kansas, the provisions of this act regarding STAR bond projects shall expire on and after July 1, 2026.
History:
L. 2007, ch. 179, § 20; L. 2012, ch. 167, § 2; L. 2017, ch. 84, § 3; L. 2021, ch. 46, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,180 Employment of government official by STAR bond project developer or manager prohibited; definitions.

12-17,180. Employment of government official by STAR bond project developer or manager prohibited; definitions.
(a) No state or local government official shall be employed by a STAR bond project developer or manager.
(b) For the purposes of this section:
(1) "Employed" means direct employment or work as an independent contractor for the project developer or manager.
(2) "State or local government official" means a member of the legislature, an appointed or elected official or officer of any state agency, office, board, commission, authority or institution and an appointed or elected official, officer or member of the government authority of any government subdivision, including any city, county, township, school district, special district, board or commission.
(c) This section shall be a part of and supplemental to the STAR bonds financing act.
History:
L. 2021, ch. 46, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1802 Plans and specifications.

12-1802.
Plans and specifications.
The governing body of the city shall, by ordinance, determine the plans, specifications (including widths and location in the street), for the construction, repair, and reconstruction of all sidewalks: Provided, That plans and specifications may be adopted by reference, in which case a copy or copies of the plans and specifications as adopted shall be kept on file in the city clerk's office and, if the city has a city engineer, in the city engineer's office, and shall not be changed or amended or added to without a readoption by ordinance.
History:
L. 1941, ch. 103, § 2; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1803 Petition.

12-1803.
Petition.
When a petition signed by not less than ten citizens owning real estate in a precinct or ward in a city of the second or third class or by not less than twenty-five citizens owning real estate in a precinct or ward of a city of the first class, praying for the construction of a sidewalk or sidewalks in such precinct or ward is filed with the city clerk, the governing body may, in its discretion, by resolution, order such sidewalk or sidewalks constructed.
History:
L. 1941, ch. 103, § 3; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1804 Condemnation and reconstruction.

12-1804.
Condemnation and reconstruction.
When any sidewalk, in the opinion of the governing body, becomes inadequate or unsafe for the travel thereon, the governing body may adopt a resolution condemning such walk and providing for the construction of a new walk in place of the walk condemned.
History:
L. 1941, ch. 103, § 4; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1805 Notice to abutting owner; publication; construction by contract, when.

12-1805.
Notice to abutting owner; publication; construction by contract, when.
The resolution providing for the construction or reconstruction of a sidewalk shall give the owner of the abutting property not less than thirty days nor more than sixty days after its publication in which to construct or cause to be constructed or reconstructed the sidewalk at his or her own expense. Such resolution shall be published once in the official city paper, or if none, then in a paper of general circulation in the city. If the sidewalk is not constructed by the property owner within the time specified, the governing body shall cause the work to be done by contract.
History:
L. 1941, ch. 103, § 5; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1806 Construction by abutting owner; request to city, when.

12-1806.
Construction by abutting owner; request to city, when.
Nothing herein shall prohibit the owner of property abutting on a street who desires to construct or reconstruct a sidewalk from doing so without any petition or condemning resolution, if the owner does so at the owner's own expense and in accordance with official plans and specifications and meets such other requirements as would have to be met if the sidewalk were constructed or reconstructed by the city: Provided, That if such property owner desires the walk to be constructed or reconstructed by the city and an assessment levied as provided in other cases, the owner shall file a request with the governing body and it may in its discretion provide for the construction or reconstruction of the sidewalk in the same manner as in cases where citizens or taxpayers file petitions.
History:
L. 1941, ch. 103, § 6; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1807 Grade.

12-1807.
Grade.
Where a grade has been established for a street, the grade for the sidewalk shall be established either in the same manner as the grade for the street was established or by reference to a stated distance above or below the street grade. Where no street grade has been established, the natural grade may be used.
History:
L. 1941, ch. 103, § 7; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1808 Repairs by owner or city; notice; special assessments; payment from general fund or general improvement fund, when.

12-1808.
Repairs by owner or city; notice; special assessments; payment from general fund or general improvement fund, when.
It shall be the duty of the owner of the abutting property to keep the sidewalk in repair, but in cities of the third class no formality shall be required for the repairing of a sidewalk by the city and such repairs may be made without notice to the abutting property owner; and in cities of the first and second class the city engineer, or city clerk, may, after giving five days' notice to the owner or his or her agent, if known, of the necessity therefor, and without notice if the lot or piece of land is unoccupied, make all necessary repairs at any time. Repairs may be made by force account or by contract and an account of the cost thereof shall be kept and reported to the governing body.
The city shall by ordinance levy a special assessment against the lot or piece of land abutting on the sidewalk so repaired for the cost of repairs, and if the abutting property owner does not pay the assessment within thirty days, upon the city clerk mailing to the owner or his or her agent, if known, a printed or written notice of the amount of such repairs, the full amount shall be certified by the city clerk to the county clerk to be put on the tax rolls for collection like other taxes. The temporary financing of repairs may be borne by the city out of the fund for maintaining streets or out of the general fund or general improvement fund. In cities of the first class having a population of more than sixty thousand and less than ninety thousand, the cost of repairing sidewalks may, in the discretion of the governing body, be paid from the general improvement fund of the city when the costs of such repairs do not exceed three thousand dollars in any one calendar year, and no assessment shall be levied.
History:
L. 1941, ch. 103, § 8; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1809 Assessment of cost; old sidewalk materials.

12-1809.
Assessment of cost; old sidewalk materials.
The cost of all sidewalks shall be assessed against the property abutting on the sidewalk: Provided, That where a sidewalk is condemned and a new sidewalk constructed, the materials of the old sidewalk shall be the property of the city, except in those cases where the property owner builds the new sidewalk and pays for the same without any assessment having to be made, and in such cases he or she shall remove the old material from the street.
History:
L. 1941, ch. 103, § 9; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1810 Levy by ordinance; full payment by owner; notice to owner; limitation of actions.

12-1810.
Levy by ordinance; full payment by owner; notice to owner; limitation of actions.
When a sidewalk or sidewalks has or have been constructed or reconstructed and where special assessments must be levied for the expense thereof, the governing body shall, as soon as the cost is ascertained, levy an assessment against the lot or piece of land chargeable therefor, by ordinance, and the property owner shall have thirty days after the publication of the ordinance within which to make full payment of the assessment. The city clerk shall mail a notice not less than fifteen days prior to the end of the thirty days to the owner of the property as shown on the records of the office of the register of deeds, but failure of the owner to receive the notice shall not affect the validity of the assessment. Any suit challenging the validity of the proceedings or the amount of the assessment must be filed within thirty days after the publication of the assessment ordinance.
History:
L. 1941, ch. 103, § 10; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1811 Installment payments; interest; costs included in assessment.

12-1811.
Installment payments; interest; costs included in assessment.
The assessment may be levied to be paid in one installment or in not more than five installments at the discretion of the governing body, and when installments are certified to the county clerk, interest at the rate specified on the scrip or bonds hereinafter authorized to be issued shall be added: Provided, That when scrip or bonds are not issued the interest on the one installment shall be four percent. The assessment shall include the cost of materials, labor, engineering and supervision, publication expense, cost of printing bonds, removing old sidewalk, and all other expenses properly chargeable against the project: Provided, That certain costs not ascertained at the time of figuring the expense, such as publication of the assessment ordinance, printing of bonds, etc., may be estimated: Provided, That the costs relating to scrip or bonds shall be deducted if the assessment is paid within the thirty days provided for herein.
History:
L. 1941, ch. 103, § 11; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1812 Financing of cost of assessment levied in one installment; scrip or bonds.

12-1812.
Financing of cost of assessment levied in one installment; scrip or bonds.
If the assessment is levied in one installment, the cost of construction or reconstruction of sidewalks may be financed, until the assessment is paid, out of the fund provided for the maintenance of streets or general improvement fund if such cost has been budgeted as an expense of such fund, and when the assessment and the interest thereon are paid they shall be credited to such fund; otherwise, the financing shall be by the issuance of sidewalk scrip or sidewalk bonds.
History:
L. 1941, ch. 103, § 12; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1813 Payment of cost by city, when.

12-1813.
Payment of cost by city, when.
The cost of constructing, reconstructing, and repairing all sidewalks abutting on lots or pieces of land belonging to the city or to the state or to the United States, and that portion of the sidewalk extending from the projected property line to the curb and which does not abut on and which is not in front of or along-side of any lot or piece of land, shall be paid for by the city unless the state or the United States shall pay the cost of the sidewalk abutting on property owned by the state or the United States, and may be paid for out of the fund provided for the maintenance of streets or general improvement fund or by the issuance of scrip or bonds and the levying of taxes to pay such scrip or bonds.
History:
L. 1941, ch. 103, § 13; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1814 Sidewalks; terms of scrip or bonds; issuance and sale.

12-1814.
Sidewalks; terms of scrip or bonds; issuance and sale.
Any issue of sidewalk scrip or sidewalk bonds shall be issued to mature in not more than four installments. The last installment shall be not more than four years after the date of the scrip or bonds. Scrip and bonds shall bear interest of not more than the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto. Scrip and bonds shall be general obligations of the city, and the city shall take into account probable delinquencies in payment of assessments or installments of assessments and make a general tax levy therefor or include the amount in the city's general bond tax levy in order to pay the scrip on bonds and interest when due, delinquent assessments notwithstanding, but this levy by the city shall not affect the obligation of the property owner to pay the assessment.
Bonds shall be in the general form of other bonds, and shall be registered, sold and issued in the manner provided by the general bond law. Scrip shall promise that the city will pay the bearer the stated amount on a stated date with interest at a stated rate, or in stated amounts, payable on stated dates interest coupons may be issued. The scrip also shall state that the payment of principal and interest shall be paid at the office of the city treasurer, and that it is issued for sidewalk purposes, shall be dated, shall be signed by the mayor and attested by the city clerk, shall have the seal of the city attached thereto, shall be registered in the offices of the city clerk and city treasurer, shall be disposed of at not less than par and accrued interest by being turned over to the contractor or sold and the proceeds used for the payment of the costs of the sidewalks. The sale of scrip may be public or private, or without advertisement or bids. One issue of bonds or scrip may be for assessments against one or more tracts of land and may include or be only for the cost of intersection sidewalks, sidewalks along city, state or federal property or in other cases where the city at large must pay the cost. The issuance of bonds and scrip shall be authorized by an ordinance for each issue.
History: L. 1941, ch. 103, § 14; L. 1970, ch. 64, § 16; L. 1983, ch. 49, § 51; May 12.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1815 Sections not affected.

12-1815.
Sections not affected.
Nothing in this act shall be considered as repealing or amending or affecting sections 12-675 and 12-676 of the General Statutes of 1935, and section 13-1008a of the General Statutes Supplement of 1939.
History:
L. 1941, ch. 103, § 15; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 18 - Sidewalks › 12-1816 Invalidity of part.

12-1816.
Invalidity of part.
If any section or part of section of this act shall be declared to be invalid by any court of competent jurisdiction, such declaration shall not affect any other section or part of section.
History:
L. 1941, ch. 103, § 17; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 19 - Public Recreation And Playgrounds › 12-1922 Recreation systems; definitions.

12-1922.
Recreation systems; definitions.
When used in this act:
(a) "City" means any city in the state of Kansas.
(b) "School district" means any unified school district in the state of Kansas.
(c) "Recreation system" means any system of public recreation and playgrounds established pursuant to this act.
(d) "Taxing district" means: (1) The area within the corporate limits of a city in the case of a city-established recreation system; (2) subject to the provisions of K.S.A. 12-1922a, and amendments thereto, the area within the boundary lines of a school district in the case of a school district-established recreation system; or (3) subject to the provisions of K.S.A. 12-1922a, and amendments thereto, the area within the corporate limits of a city or the area within the boundary lines of a school district, whichever has the greater assessed valuation, in the case of a jointly established recreation system.
History: L. 1987, ch. 71, § 1; L. 2002, ch. 176, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 19 - Public Recreation And Playgrounds › 12-1922a Consolidation of school districts; effect on recreation system.

12-1922a.
Consolidation of school districts; effect on recreation system.
Unless the boundaries of a taxing district are expanded as provided by K.S.A. 12-1922b, and amendments thereto, whenever a school district which has established a recreation system or which is part of a joint recreation system established under K.S.A. 12-1922 et seq., and amendments thereto, consolidates with another school district which has not established a recreation system or which is not a part of a joint recreation system, the "taxing district" of the recreation system shall mean the area of the taxing district as it existed on the day immediately preceding the effective date of the consolidation of the school districts.
History:
L. 2002, ch. 176, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 19 - Public Recreation And Playgrounds › 12-1922b Same; petition procedure.

12-1922b.
Same; petition procedure.
(a) The provisions of this section shall apply only to those recreation systems with taxing districts as defined in K.S.A. 12-1922a, and amendments thereto.
(b) Whenever a petition signed by at least 5% of the qualified voters of a school district of which only a portion is included within the taxing district of a recreation system is filed with the clerk thereof, requesting the governing body of the school district to extend the boundaries of the taxing district to be coterminous with the boundaries of the school district, the governing body of the school district shall submit the question to the qualified voters thereof. Such election shall be called and held in the manner provided by the general bond law, and the cost of the election shall be borne by such school district.
(c) The governing body of any school district may initiate the extension of the boundaries of the taxing district to be coterminous with the boundaries of the school district by adopting a resolution proposing to extend the boundaries of the taxing district. The proposal shall be submitted for approval by the voters of the school district, at an election called and held in the manner provided by the general bond law, and the cost of the election shall be borne by the school district.
(d) Upon approval of the proposition by a majority of those voting on it at the election, the governing body of the school district, by appropriate resolution, shall provide for the extension of the taxing district to be coterminous with the boundaries of the school district.
(e) When used in this section, "qualified voter" means a registered voter of a school district who is a resident of that portion of such school district which is not included in the taxing district of a recreation system following the consolidation of such school district with a school district which has established a recreation system or which is a part of a joint recreation system.
History:
L. 2002, ch. 176, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 19 - Public Recreation And Playgrounds › 12-1923 Continuation of existing systems.

12-1923.
Continuation of existing systems.
Any recreation system created under the provisions of article 19 of chapter 12 of the Kansas Statutes Annotated prior to the effective date of this act shall continue in existence but shall be operated under the provisions of this act.
History:
L. 1987, ch. 71, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 19 - Public Recreation And Playgrounds › 12-1924 Establishment of system of public recreation; joint systems; operation of system.

12-1924.
Establishment of system of public recreation; joint systems; operation of system.
Any city or school district may establish a system of public recreation in the manner provided by this act. Any city or school district may establish, independently or jointly, a recreation system. The programs and services within a joint recreation system shall not be conducted by both the city and school district, each acting independently of the other. Whenever a recreation system is established, any city or school district operating or participating in the operation of a recreation system shall cooperate in providing property and facilities belonging to each such entity for recreation purposes. The city or school district may acquire and maintain equipment, land, buildings or other recreational facilities and make capital improvements. The operation of the recreation system created pursuant to K.S.A. 12-1925 and all programs and services thereof shall be delegated to a recreation commission appointed in the manner provided by K.S.A. 12-1926.
History:
L. 1987, ch. 71, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 19 - Public Recreation And Playgrounds › 12-1930 Same; park and recreation advisory board; membership; appointment; term.

12-1930.
Same; park and recreation advisory board; membership; appointment; term.
The governing body of any city which exercises the provisions of K.S.A. 12-1929, by ordinance, shall provide for the creation of a park and recreation advisory board to be appointed by the governing body of the city. The members of the recreation commission at the time of such combination shall constitute the initial park and recreation advisory board. Members shall serve upon such park and recreation advisory board for the term for which they were appointed to the recreation commission and upon the expiration of the term of any member, appointment shall be made to fill such position for a term of four years. In addition, where the recreation system was being operated by a school district or a school district and city acting jointly prior to combining the park and recreation systems, the city governing body shall appoint two members of the board of education of such school district to the park and recreation advisory board, and such members shall serve for terms concurrent with their terms as members of the board of education.
History:
L. 1987, ch. 71, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 19 - Public Recreation And Playgrounds › 12-1931 Same; reference of matters to board; reports and recommendations; action by city governing body.

12-1931.
Same; reference of matters to board; reports and recommendations; action by city governing body.
The governing body of any city having established a park and recreation advisory board pursuant to K.S.A. 12-1930 shall refer all major proposals and propositions for the construction, reconstruction and improvement of public parks and recreational facilities including the acquisition of land for park purposes, the acquisition of major recreational equipment and facilities and the institution of new programs in the recreational system to such board. Such board shall make reports and recommendations to the governing body on all matters referred to it and any further recommendations as deemed advisable. Such reports shall be made within a time fixed by the governing body at the time the proposal or proposition is submitted to the board and no action shall be taken thereafter by the governing body upon any such proposal or proposition until the reports and recommendations thereon have been received from the board. The governing body of the city shall take action upon the reports and recommendations received from the advisory board within 30 days after their receipt. The governing body may extend the time as it deems necessary to give the matter further attention before action is taken.
History:
L. 1987, ch. 71, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 19 - Public Recreation And Playgrounds › 12-1932 Same; transfer of funds; tax levy, use of proceeds.

12-1932.
Same; transfer of funds; tax levy, use of proceeds.
Upon the establishment of a combined park and recreation department, the current operating fund of or budgeted for the two systems shall be transferred to the credit of the combined park and recreation department but shall be maintained in two individual funds which shall be used for the purpose for which levied. Thereafter, levies made for the purpose of financing the operation of the park and recreation department 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, shall be made annually upon all taxable tangible property in the city.
History:
L. 1987, ch. 71, § 11; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 19 - Public Recreation And Playgrounds › 12-1934 Issuance of no-fund warrants in operating joint recreation system, when.

12-1934. Issuance of no-fund warrants in operating joint recreation system, when.
The board of education of any unified school district previously authorized and making an annual tax levy pursuant to K.S.A. 12-1925, and amendments thereto, for the purpose of establishing, maintaining and conducting a joint recreation system which as a result of a clerical error of a county clerk will not receive the proceeds from such levy for the calendar year 1993, is hereby authorized to issue no-fund warrants in an amount not to exceed the amount which would have been raised from such levy. Such no-fund warrants shall be issued by the board in the manner and form and shall bear interest and be redeemable in the manner prescribed by K.S.A. 79-2940, and amendments thereto, except that they may be issued without the approval of the state board of tax appeals, and without the notation required by such section. The board shall make a tax levy at the first tax levying period after such warrants are issued, sufficient to pay such warrants and the interest thereon.
History:
L. 1993, ch. 73, § 1; L. 2008, ch. 109, § 34; L. 2014, ch. 141, § 28; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 19 - Public Recreation And Playgrounds › 12-1936 Termination of school recreation system; conversion to city recreation system; mill levy; governing body.

12-1936. Termination of school recreation system; conversion to city recreation system; mill levy; governing body.
(a) The governing body of any school district the boundaries of which are located entirely within the corporate limits of a city that previously established a recreation system and the governing body of the city within which such school district is located may take joint action to initiate the conversion of the existing recreation system to a city recreation system by adopting a joint ordinance and resolution proposing to change the existing school district recreation system to a city recreation system and authorizing publication of a notice of intent to do so. Such notice of intent shall be published once each week for two consecutive weeks in the official city newspaper, and, if within 30 days after the last publication of the notice a petition is signed by at least 5% of the qualified voters of the city requesting an election upon such question, an election shall be called and held thereon. Such election shall be called and held in the manner provided by the general bond law, and the cost of the election shall be borne equally by the school district and the city. If no protest or no sufficient protest is filed or if an election is held and the proposition carries by a majority of those voting thereon, the governing bodies of the school district and the city, by joint resolution and ordinance, may provide for the conversion of the existing school district recreation system to a city recreation system effective as of the next succeeding July 1 subsequent to the publication of the notice of intent or the date of the election, whichever is later.
(b) The mill levy rate for a recreation commission established under subsection (a) shall not be subject to the one mill levy limitation for a new recreation system established in K.S.A. 12-1927, and amendments thereto.
(c) Any conversion of an existing school district recreation system to a city recreation system under subsection (a) shall provide for the transfer of the assets of the existing school district recreation system to the city recreation system, the assumption of the liabilities of the existing school district recreation system by the city recreation system and thereafter maintain and continue the operations of the city recreation system.
(d) In connection with the conversion of a school district recreation system to a city recreation system under subsection (a), the members of the school district recreation commission shall serve the balance of their respective terms in office as members of the city recreation commission and, upon the expiration thereof, the members of the city recreation commission shall be appointed by the governing body of the city.
History:
L. 2012, ch. 126, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2002 Same; act not to affect K.S.A. 12-824.

12-2002.
Same; act not to affect K.S.A. 12-824.
This act shall not be construed either to affect the jurisdiction of the corporation commission or to prevent any electric or gas utility from obtaining a franchise under the terms of K.S.A. 12-824, or any amendments thereto.
History:
L. 1953, ch. 70, § 2; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2003 Franchise provision for billing and collection of sewer service charges by water corporation; compensation; obligation of company.

12-2003.
Franchise provision for billing and collection of sewer service charges by water corporation; compensation; obligation of company.
The governing body of any city may, in the granting of a franchise to a private corporation furnishing water service to its inhabitants, in addition to the other provisions authorized by law, impose a provision in such franchise that the water corporation shall bill and collect sewer service charges lawfully established by the city, including a provision that the corporation shall discontinue water service to any customer using or required by law to use the sanitary sewer system of the city under stated conditions; and such a corporation shall have authority to collect such charges and to discontinue water service as provided in the franchise. The franchise shall not require the billing and collecting of such sewer service charges without making provision for payment by the city to the water corporation of such compensation as shall reimburse the corporation for its expenses in billing and collecting such sewer service charges: Provided, That no obligation shall be imposed on the water corporation to bring any action at law to enforce collection of such charges.
History:
L. 1959, ch. 88, § 1; March 6.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2004 Same; obligations of city.

12-2004.
Same; obligations of city.
If a city shall impose the provisions authorized by K.S.A. 12-2003, the city shall thereby be deemed to have agreed to hold and save harmless the water corporation from any loss or liability not occasioned by the negligence of such corporation in billing and collecting such sewer service charges, and the city shall defend the water corporation at the expense of the city in any action at law or in equity that may be brought against the water corporation arising out of or claimed to have arisen out of the billing and collection of sewer service charges pursuant to the terms of the franchise.
History:
L. 1959, ch. 88, § 2; March 6.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2006 Cable television service; regulation.

12-2006.
Cable television service; regulation.
The furnishing of cable television service by means of facilities in place in the public ways, streets and alleys is hereby declared to be a private business affected with such a public interest by reason of its use of the public ways, alleys and streets so as to require that it be reasonably regulated by cities. Every city is hereby authorized and empowered by ordinance to permit or prohibit the operation of all businesses furnishing cable television service within its corporate limits. Each city shall supervise and regulate all cable television service businesses operating within its corporate limits so far as may be necessary to prevent such operation and service from having detrimental consequences to the public interest, and for this purpose may promulgate and enforce such reasonable rules and regulations as it may deem necessary with reference to commencement of operation, territory of operation, the extension of service equitably to all parts of the franchise area, abandonment of facilities, elimination of unjust discrimination among subscribers, financial responsibility, insurance covering personal injury and property damage, safety of equipment, use of streets, alleys, dedicated easements and other public places, and reasonable grounds for forfeiture of franchise rights.
History:
L. 1972, ch. 49, § 1; March 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2007 Franchises; installation; term.

12-2007.
Franchises; installation; term.
It shall be unlawful for any person, firm or corporation acting in its own behalf or under a lease with or pole contract from any public utility to construct, install, operate or maintain a cable television service in, on, over, under, upon, across, from and along the streets, alleys, sidewalks, public property and public ways within the corporate limits of any city without first obtaining, from such city involved, a franchise authorizing the same under such reasonable conditions as the circumstances may require; and the governing bodies of such cities are hereby authorized to grant or extend one or more such franchises for a term of not to exceed twenty (20) years from the date of such grant or extension; and no person, firm or corporation shall ever be granted an exclusive franchise. No franchise shall be granted or extended unless a public hearing shall be held following at least one week's notice in the official city newspaper.
History:
L. 1972, ch. 49, § 2; March 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2008 Rates, charges, delinquency fees.

12-2008.
Rates, charges, delinquency fees.
(a) Every applicant for a franchise, upon request of the city, shall file with the city a schedule of its proposed rates and charges for its proposed services. Such rates and charges may be established as maximum rates for such services by the original franchise and if so established may not be exceeded without the approval of the governing body of the city.
(b) A cable television provider may impose a monthly fee for any delinquent balance owed by a subscriber of cable television or related services, subject to the following:
(1) At least 10 days before the date the fee is imposed, the subscriber shall be given written notice, on the face of the bill or by separate notice, of: (A) The date after which the fee will be imposed if the balance is not paid; and (B) the amount of the fee that will be imposed; and
(2) the fee for delinquent payment shall not exceed 5% of the amount of the delinquent balance per month or $5 per month, whichever is greater.
History:
L. 1972, ch. 49, § 3; L. 1999, ch. 62, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2009 Cables and equipment; map required to be filed.

12-2009.
Cables and equipment; map required to be filed.
Cities may by ordinance require the filing with the city by the person, firm or corporation providing cable television service of a proper map showing and describing the exact location of all of its facilities within the city streets, alleys and public ways including underground cables and equipment.
History:
L. 1972, ch. 49, § 4; March 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2010 Compensation and levies by cities.

12-2010.
Compensation and levies by cities.
Cities, may, by ordinance, levy a franchise fee or tax, including annual fixed charges as may be prescribed in the franchise ordinance. Such fixed charge may consist of a percentage of the gross receipts derived from the service permitted by the franchise from consumers or recipients of such service located within the corporate boundaries of such city. Such levies, taxes or fees including all forms of consideration to such city and including initial lump sum payments must be reasonable and shall be generally in conformance with standards, if any, established by federal communications commission regulations or other applicable laws.
History:
L. 1972, ch. 49, § 5; March 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2011 Franchise; violations of act; penalty.

12-2011.
Franchise; violations of act; penalty.
In the event of violation of any city franchise provision, or the provisions of this act, by any duly franchised person or entity furnishing cable television service, the municipality having granted such franchise, before taking any action to declare a forfeiture, shall serve written notice of such violation upon the franchise holder with directions to correct such violation or show cause why such violation should not be corrected at a public hearing held not less than thirty (30) days from the date of service of such written notice. Continued violation of any city franchise provision of this act may be enjoined by the district court. Any person, firm or corporation acting in its own behalf or under a lease with or pole contract from any public utility which attempts to or does construct, install, operate or maintain a cable television service in, on, over, under, upon, across, from or along the streets, alleys, sidewalks, public property and public ways within the corporate limits of any city without possessing a valid franchise from such city involved as authorized by this act shall be guilty of a class C misdemeanor. Each day such act continues shall constitute a separate offense.
History:
L. 1972, ch. 49, § 6; March 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2012 Existing systems and services.

12-2012.
Existing systems and services.
All ordinances and existing franchises purporting to authorize persons or entities to provide cable television service in said cities shall hereinafter be deemed to be authorized and operative under the provisions of this act.
History:
L. 1972, ch. 49, § 7; March 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2014 Severability.

12-2014.
Severability.
If any clause, paragraph, subsection or section of this act shall be held invalid, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid clause, paragraph, subsection or section.
History:
L. 1972, ch. 49, § 9; March 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2015 Telecommunications providers; franchise agreements; restrictions.

12-2015. Telecommunications providers; franchise agreements; restrictions.
Prior to July 1, 2002, all municipalities in the state of Kansas shall refrain from enacting or enforcing any franchise or right-of-way ordinances or agreements pursuant to chapters 12 and 17 of the Kansas Statutes Annotated, and amendments thereto, home rule powers, or any other authority, that substantially modify the relationship between telecommunications providers and municipalities as those relationships existed on January 1, 2001, except that municipalities may reach franchise or right-of-way ordinances or agreements with new telecommunications providers on terms and conditions consistent with the original provisions of ordinances or agreements between municipalities and other telecommunications providers in existence prior to December 31, 2000.
History:
L. 2001, ch. 135, § 3; L. 2013, ch. 134, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2016 Franchise fees for electricity or natural gas; effective date in annexed areas.

12-2016.
Franchise fees for electricity or natural gas; effective date in annexed areas.
Fees imposed by a city under a franchise ordinance adopted pursuant to K.S.A. 12-2001 et seq., and amendments thereto, for the use of public rights-of-way of the city for the transmission or distribution of electricity or natural gas shall not become effective within an area which is annexed by the city and becomes subject to such franchise ordinance until 30 days after the city clerk provides the utility against which the fees are assessed with a certified copy of the annexation ordinance, proof of publication of the ordinance as required by law and a map of the city detailing the annexed area.
History:
L. 2006, ch. 31, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2021 Citation.

12-2021.
Citation.
K.S.A. 12-2021 through 12-2026, and amendments thereto, shall be known and may be cited as the video competition act.
History:
L. 2006, ch. 93, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2025 Video competition act; consistent with federal cable act.

12-2025.
Video competition act; consistent with federal cable act.
(a) The provisions of this act are intended to be consistent with the federal cable act, 47 U.S.C. § 521 et seq.
(b) Nothing in this act shall be interpreted to prevent a competitive video service provider, a cable operator or a municipality from seeking clarification of its rights and obligations under federal law or to exercise any right or authority under federal or state law.
History:
L. 2006, ch. 93, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2026 Video competition act; state corporation commission powers and duties relating to costs and fees.

12-2026.
Video competition act; state corporation commission powers and duties relating to costs and fees.
(a) The state corporation commission shall:
(1) Assess the costs of any proceeding before the commission pursuant to this act against the parties to the proceeding; and
(2) establish and collect fees from entities and persons filing applications with the state corporation commission for state-issued video service authorizations, which fees shall be in amounts sufficient to pay the costs of administration of this act, including costs of personnel.
(b) The state corporation commission shall remit all moneys received by the commission pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of the remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the public service regulation fund.
History:
L. 2006, ch. 93, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2027 Same; severability.

12-2027.
Same; severability.
If any word, phrase, sentence or provision of this act, K.S.A. 12-2021 through 12-2026 and 17-1902, and amendments thereto, or the application thereof to any person or circumstance is determined to be invalid, such invalidity shall not affect the other provisions or applications of this act and they shall be given effect without the invalid provisions or applications, and to this end the provisions of this act are declared to be severable.
History:
L. 2006, ch. 93, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2034 Citation of act.

12-2034. Citation of act.
K.S.A. 12-2034 through 12-3036, and amendments thereto, shall be known and may be cited as the organized collection service act.
History:
L. 2011, ch. 79, § 1; May 19.