reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a07 Payment to spouses or children of deceased policemen or firemen.

14-10a07.
Payment to spouses or children of deceased policemen or firemen.
(a) If any officer or member of a police or fire department, while in the performance of such officer's or member's duties, is killed or dies as a result of an injury received, or dies of any disease contracted by reason of such officer's or member's occupation as a policeman or fireman, or dies after having retired and leaves a spouse, such spouse, shall receive a monthly pension in an amount equal to 50% of the monthly salary of such deceased officer or member, if such spouse was lawfully married to such policeman or fireman at the time of such policeman's or fireman's retirement. Commencing on the effective date of this act, any surviving spouse, who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such spouse's remarriage, shall be entitled to once again receive benefits pursuant to this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termination of benefits by reason of such surviving spouse's remarriage but before the effective date of this act. In the event there is no surviving spouse, then any child or children of the deceased, shall receive, in equal shares a monthly amount equal to 50% of the monthly salary received at the time of death, such sums to be paid until such child or children attain the age of 18 years or until such child or children attain the age of 23 years, if such child or children are full-time students as provided in K.S.A. 74-49,117, and amendments thereto. Commencing on the effective date of this act, any child who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such child's marriage, shall be entitled to once again receive benefits pursuant to this section subject to the limitations contained in this section, except that such child shall not be entitled to recover any benefits not received after the termination of benefits by reason of such child's marriage but before the effective date of this act.
(b) If any officer or member of such fire or police department, after having become eligible for retirement as provided in K.S.A. 14-10a08, and amendments thereto, is killed while not in the performance of such officer's or member's official duties, or dies, an amount equal to 50% of such officer's or member's monthly salary shall be paid to such persons for the periods of time provided in subsection (a) and shall be subject to all the limitations provided in subsection (a).
(c) Payments to the surviving spouse, child or children under the provisions of subsection (a) or (b) must begin no later than December 31 of the calendar year immediately following the calendar year in which the member died.
History:
L. 1945, ch. 144, § 7; L. 1976, ch. 89, § 8; L. 1989, ch. 232, § 2; L. 1992, ch. 321, § 4; L. 1998, ch. 64, § 13; L. 2000, ch. 152, § 3; L. 2001, ch. 209, § 2; May 31.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a08 Payments upon retirement or discharge from police or fire department.

14-10a08.
Payments upon retirement or discharge from police or fire department.
Any officer or member of any such police department or fire department who has served 22 years or more on such department and has reached the age of 50 years may make application to be retired, and if such application is made the respective board of trustees shall retire such officer or member and shall pay such officer or member monthly payments in amounts equal to 50% or, for those who retire on or after July 1, 1994, 55% of such officer or member's monthly salary at the date of retirement. If such officer or member has been discharged from such department by reason of disability or any other reason other than for conviction of a felony, or if such officer or member voluntarily terminated employment with such department, after such officer or member has served 22 or more years in such department, the respective board of trustees shall order and direct that such person, upon attaining the age of 50 years, be paid monthly payments in amounts equal to 50% or, for those who retire on or after July 1, 1994, 55% of the monthly salary of such officer or member at the date of discharge. No person who retires after the effective date of this act shall be paid any benefits under the provisions of this section while such person is a nonelective officer or employee of any municipal or quasi-municipal corporation receiving compensation from public funds.
History:
L. 1945, ch. 144, § 8; L. 1975, ch. 105, § 2; L. 1976, ch. 85, § 2; L. 1994, ch. 293, § 2; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a09 Permanent disability benefits.

14-10a09.
Permanent disability benefits.
Any officer or member of any such police department or fire department who shall, while a member of such department and while engaged in the performance of his or her duties as such, be permanently injured or disabled, and upon an examination by a physician or physicians appointed by the board of trustees be found to be physically or mentally disabled as a result of such permanent disability or injury so as to render the officer or member unfit for the performance of his or her duties as a policeman or fireman, shall be entitled to be retired and the board of trustees shall thereupon order his or her retirement, and upon his or her being retired the officer or member shall be paid out of the respective pension funds, monthly, a sum equal to fifty percent of the amount of monthly compensation allowed such officer or member as a salary at the time of his or her permanent injury or disability: Provided, That the board of trustees may, when they deem it advisable, call back for re-examination by a physician any officer or member retired by reason of permanent disability under the provisions of this act, and if said examination discloses that said member is then able to perform his or her duties in said department, the member may be returned to service; and if said member, upon request fails or refuses to return to duty then all payments from said pension fund shall cease; and in the event such officer or member returns to duty, the time lost by reason of such injury or disability shall apply on his or her retirement time.
History:
L. 1945, ch. 144, § 9; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a10 Certain pension benefits and rights nonassignable and exempt from taxes and legal process.

14-10a10.
Certain pension benefits and rights nonassignable and exempt from taxes and legal process.
Any annuity, benefits, funds, property, or rights created by or accruing to any person under the provisions of K.S.A. 13-14a01 et seq. or K.S.A. 14-10a01 et seq., and any acts amendatory thereof or supplemental thereto, are hereby made and declared exempt from any tax of the state of Kansas or any political subdivision or taxing body thereof, and shall not be subject to execution, garnishment, or attachment, or any other process or claim whatsoever, and shall be unassignable, except as specifically provided by law.
History: L. 1945, ch. 144, § 10; L. 1974, ch. 345, § 2; L. 1977, ch. 68, § 1; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a11 Funeral expenses.

14-10a11.
Funeral expenses.
Subject to the provisions of K.S.A. 74-49,128, and amendments thereto, whenever an active or retired fireman or policeman shall die, the board of trustees shall appropriate from the pension fund a sum of $100 to be paid for funeral expenses for such fireman or policeman.
History:
L. 1945, ch. 144, § 11; L. 2000, ch. 152, § 4; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a12 How pensions and benefits paid; annual report.

14-10a12.
How pensions and benefits paid; annual report.
All pensions and benefits paid and all moneys drawn from the respective pension funds, under the provisions of this act, shall be upon order of the respective board of trustees and signed by the president and secretary of such board, and payment shall be made by the issuance of city warrants or warrant checks as provided by law, when approved and passed by the governing body. The treasurer of the board of trustees shall prepare annually a report of the receipts and expenditures for the year ending December thirty-first of the previous year, showing the money on hand, how invested, and all moneys received and paid out, which report shall be filed with the city clerk.
History:
L. 1945, ch. 144, § 12; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a13 Service in military forces may be credited on retirement time.

14-10a13.
Service in military forces may be credited on retirement time.
Any officer or member of such police department or fire department, who leaves such department and serves in the uniformed services of the United States shall be credited by the respective board of trustees, with time or any part thereof so served, in computing such officer's or member's retirement time for pension purposes, as required by federal law, including, not limited to, when applicable, the uniformed services employment and reemployment rights act of 1994, as in effect on July 1, 2008.
History:
L. 1945, ch. 144, § 13; L. 1998, ch. 64, § 14; L. 2008, ch. 113, § 6; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a14 City election required; petition; exception.

14-10a14.
City election required; petition; exception.
The provisions of this act shall not apply to any city unless and until the governing body of such city shall submit the question of establishing pension funds under the provisions of this act to the vote of the qualified electors of the city at a regular city election and a majority of those voting thereon shall cast their votes in the affirmative: Provided, That if a petition signed by not less than ten percent of the qualified electors of said city as shown by the vote for mayor at the last city election is filed with the city clerk the governing body shall be required to submit the question of establishing pension funds under the provisions of this act to a vote at the next regular city election: Provided further, That any such city now operating under a retirement and benefit system, or either of them, may by resolution adopt the provisions of this act without first submitting the question thereof to the voters of said city.
History:
L. 1945, ch. 144, § 14; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 10a - Employees' Retirement Systems › 14-10a15 Invalidity of part.

14-10a15.
Invalidity of part.
If any provision of this act or the application thereof to any person or circumstances is held invalid such invalidity shall not affect other provisions or applications of this act, which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.
History:
L. 1945, ch. 144, § 15; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 11 - General Provisions › 14-1101 When act applies.

14-1101.
When act applies.
All cities of the second class which shall adopt the provisions of this act by a majority vote of all electors voting at a special election called for that purpose, as hereinafter provided, shall be governed by the provisions of this act.
History:
L. 1909, ch. 82, § 1; March 1; R.S. 1923, § 14-1101.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 11 - General Provisions › 14-1102 Government and powers to be exercised by board of commissioners.

14-1102.
Government and powers to be exercised by board of commissioners.
The powers hereby granted shall be exercised by the board of commissioners of such city as hereinafter set forth, and such board of commissioners shall have and exercise all such rights, powers and duties as are now or shall be hereinafter set forth, and such board of commissioners shall have and exercise all such rights, powers and duties as are now or shall be hereafter conferred by the laws of the state of Kansas upon the governing body of cities of the second class not in conflict with the provisions of this act.
History:
L. 1909, ch. 82, § 2; March 1; R.S. 1923, § 14-1102.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 11 - General Provisions › 14-1103 Change of classification from city of third class to city of second class; governor's proclamation; when change effective; application of laws; tenure of officers; division into wards; registration of voters.

14-1103.
Change of classification from city of third class to city of second class; governor's proclamation; when change effective; application of laws; tenure of officers; division into wards; registration of voters.
Whenever any city of the third class operating under the commission form of government or under the commission-manager form of government shall attain a population of more than two thousand (2,000), and such fact shall have been certified by the governing body of such city to the governor, the governor shall, by proclamation, declare such city to be a city of the second class.
The change in classification of any city under the provisions of this section shall take effect on the date the proclamation of the governor is issued unless a later date is specified therein, in which case the change and classification shall take place on such later date. The governing board of any such city, holding office at the time of the proclamation, shall continue to be the governing board of such city and the members of such board shall hold their respective offices until the next city election in an odd-numbered year.
Such city of the second class shall be governed by and subject to all of the laws applicable to cities of the second class operating under the commission form of government and if such city was operating under the commission-manager form of government immediately prior to becoming a city of the second class, the laws of this state applicable to cities of the second class operating under the commission-manager form of government shall be applicable to such city. All ordinances in effect at the time such city shall become a city of the second class shall have full force and effect after such city shall become a city of the second class. Within fifteen (15) days after the date of change of classification of such city, the governing body of such city shall meet and divide the city into wards, and the county election officer provided by law shall provide for the registration of voters in the manner provided by law for such cities.
History: L. 1957, ch. 94, § 2; L. 1968, ch. 274, § 37; April 30.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 12 - Election And Removal Of Officers › 14-1204 Election of mayor and commissioners; terms and tenure.

14-1204.
Election of mayor and commissioners; terms and tenure.
At the election first held in cities of the second class, adopting the provisions of this act, the mayor and commissioners shall be elected for four years; and at each election thereafter such officers shall be elected for terms of four years, and shall hold their offices until their successors are elected and qualified. The mayor and two commissioners shall constitute the board of commissioners of the city, and the mayor shall be the presiding officer of the board. Mayors and commissioners elected in the year 1967 shall have terms expiring in 1971. Mayors and commissioners elected in the year 1968 shall have terms expiring in 1973.
History: L. 1909, ch. 82, § 7; L. 1915, ch. 139, § 1; R.S. 1923, § 14-1204; L. 1968, ch. 274, § 38; April 30.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 12 - Election And Removal Of Officers › 14-1208 City primary election ballots.

14-1208.
City primary election ballots.
It shall be the duty of the county election officer in preparing the city primary election ballot to indicate clearly the names of all such candidates for the nominations for commissioner of finance and revenue and to indicate in like manner the names of all candidates for the nomination for commissioner of streets and public utilities. All candidates for the nomination for commissioner of finance and revenue shall be held to be candidates against each other and not be running against the candidates for nominations for commissioner of streets and public utilities. The candidates for nomination for commissioner of streets and public utilities shall be held to be candidates against each other and not to be candidates for the nomination of commissioner of finance and revenue.
History:
L. 1911, ch. 184, § 2; R.S. 1923, § 14-1208; L. 1968, ch. 274, § 39; April 30.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 13 - Board Of Commissioners › 14-1301 Qualifications of the mayor and commissioners.

14-1301.
Qualifications of the mayor and commissioners.
The mayor and each of said commissioners shall be a citizen of the United States and a qualified elector of such city.
History:
L. 1909, ch. 82, § 10; R.S. 1923, § 14-1301; L. 1975, ch. 106, § 3; March 22.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 13 - Board Of Commissioners › 14-1302 Mayor or commissioner holding other office.

14-1302.
Mayor or commissioner holding other office.
No member of the board of commissioners shall hold any office of profit under the laws of any state or the United States, or hold any county or other city office; nor shall the mayor or commissioner ever be elected or appointed to any office created by or the compensation of which was increased or fixed by the board of commissioners while he or she was a member thereof until after the expiration of at least two (2) years after he or she had ceased to be a member of said board.
History: L. 1909, ch. 82, § 11; R.S. 1923, § 14-1302; L. 1953, ch. 110, § 1; April 7.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 13 - Board Of Commissioners › 14-1304 Bond of the mayor and commissioners; fixing the amount.

14-1304.
Bond of the mayor and commissioners; fixing the amount.
(a) The mayor and each of the commissioners, before entering upon the duties of office, shall give a good and sufficient surety bond, to be executed by a bonding company authorized to do business in Kansas, payable to and for the use and benefit of any such city, in the sum of not less than $5,000, conditioned for the faithful discharge of duties, and that such officer will save the city harmless from all loss caused by neglect of duty or malfeasance in office, or for the willful expenditure or misappropriation of any moneys, property or securities of such city in violation of law.
(b) The cost of such surety bonds shall be borne by such city. In any city of the second class where the mayor or one of the commissioners is the custodian of any money or negotiable securities belonging to such city as the part of any trust fund, or other fund of the city, amounting to more than $5,000, such custodian of such money or securities shall furnish a surety bond as herein provided in a sum equal to the total amount of such money and securities in such person's possession as such custodian. The cost of such bond shall be borne by the city.
(c) The provisions of this section shall not apply if the mayor or commissioners are included within a blanket or other surety bond covering other officers and employees of the city, in an amount not less than required by subsection (a) or (b).
History:
L. 1925, ch. 119, § 1; L. 1989, ch. 69, § 2; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 13 - Board Of Commissioners › 14-1305 Vacancy in office of mayor or commissioner, how filled.

14-1305.
Vacancy in office of mayor or commissioner, how filled.
In case of any vacancy from any cause in the office of mayor or any commissioner, the remaining members of the board of commissioners within 10 days after the occurrence of the vacancy shall elect some suitable person to fill the vacancy for the balance of the unexpired term of such office. If the remaining members cannot agree upon some such suitable person, then they shall call in the then city attorney who shall cast the decisive vote for such appointment. The resignation of the mayor or any commissioner elected under this act shall be made in writing for their action thereon. If the mayor or any commissioner shall remove from the territorial limits of the city, such removal shall ipso facto be deemed to create a vacancy in such person's office.
History:
L. 1909, ch. 82, § 14; L. 1915, ch. 136, § 1; R.S. 1923, § 14-1305; L. 1968, ch. 274, § 40; L. 1985, ch. 80, § 5; May 2.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 13 - Board Of Commissioners › 14-1306 Commissioners to be governing body.

14-1306.
Commissioners to be governing body.
The board of commissioners shall constitute the municipal government of such city, and shall be the successors of the mayor and council, and upon the qualifications of the members of said board of commissioners all rights, powers, duties and emoluments of the then mayor and councilmen of any city adopting this act shall cease and terminate.
History:
L. 1909, ch. 82, § 15; March 1; R.S. 1923, § 14-1306.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 13 - Board Of Commissioners › 14-1308 Meetings of board; quorum.

14-1308.
Meetings of board; quorum.
Said board of commissioners shall meet at least once every week in regular meeting in the city hall, at such times as shall be fixed by said board of commissioners, and take under advisement and act upon such business as may come before them. The majority of said board shall constitute a quorum for the transaction of business, but no final action shall be taken in any manner respecting the department of any absent commissioner unless such business has been made a special order, with notice to such commissioner of such contemplated action, or unless such action is taken at a regular meeting of the board.
History:
L. 1909, ch. 82, § 17; March 1; R.S. 1923, § 14-1308.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 14 - Mayor › 14-1401 Chairman of meetings of commissioners.

14-1401.
Chairman of meetings of commissioners.
The mayor shall preside at all meetings of the board of commissioners, except as herein otherwise provided.
History:
L. 1909, ch. 82, § 18; March 1; R.S. 1923, § 14-1401.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 14 - Mayor › 14-1402 Signing of ordinances; right to vote; no veto power.

14-1402.
Signing of ordinances; right to vote; no veto power.
The mayor shall sign all ordinances passed by the board of commissioners and shall have the right to vote as a member of the said board on all questions which may arise, but the mayor shall have no veto power.
History:
L. 1909, ch. 82, § 19; March 1; R.S. 1923, § 14-1402.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 14 - Mayor › 14-1403 Special meetings.

14-1403.
Special meetings.
The mayor and one commissioner shall have power to call special meetings of the board of commissioners, the object of which shall be submitted to the said board in writing, and the call and the object as well as the action of said board thereon shall be entered upon the journal by the clerk, and no other business shall be transacted except that mentioned in the call. A written notice of said special meeting shall be served personally upon each member of said board or left at the member's usual place of residence at least two hours before the time of such meeting. The notice shall state the time, place and object of such special meeting, and shall be issued by the city clerk to the chief of police, his or her deputy or a policeman, or other city employees, who shall be required to make such service at once as above provided, and the person serving such notice shall make a return in writing of the service, showing the manner of such service.
History:
L. 1909, ch. 82, § 20; March 1; R.S. 1923, § 14-1403.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 14 - Mayor › 14-1404 Commissioner of finance to be acting mayor.

14-1404.
Commissioner of finance to be acting mayor.
The commissioner of finance and revenue shall act instead of the mayor at all times during which the mayor is unable to perform the duties of his or her office by reason of temporary or continual absence, sickness or disability, and the said commissioner shall be invested with all the powers and shall perform all the duties of the mayor of said city during such absence or sickness.
History:
L. 1909, ch. 82, § 21; March 1; R.S. 1923, § 14-1404.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 15 - Appointive Officers › 14-1501 City officers and employees; appointment, prerequisites; terms; vacancies.

14-1501.
City officers and employees; appointment, prerequisites; terms; vacancies.
The board of commissioners shall appoint, by a majority vote of all the members thereof, the following officers, to wit: A city attorney, a city clerk, a city treasurer, a municipal judge of the municipal court, a city marshal, a fire chief, and such other officers, assistants and employees as they may deem necessary for the best interests of the city; but no such officer shall be appointed until the term and salary of the office to which he or she is appointed shall be prescribed by ordinance as hereinafter provided.
An ordinance prescribing a salary for any such office or position shall either (1) fix a specific salary, or (2) prescribe a minimum salary and a maximum salary, and, in the latter case, the maximum salary shall not be more than twenty-five percent (25%) greater than the minimum salary, and the salary to be paid shall be fixed within such limits by resolution of the board of commissioners but said board, at any time it deems such action advisable, may adjust or change such salary within such limits by resolution.
The board of commissioners may retain a licensed professional engineer to act in the capacity of city engineer for specifically defined duties, and provide for reasonable compensation for the services rendered. The terms of all appointive officers shall be for two (2) years and until their successors are appointed and qualified. In case of an appointment to fill a vacancy such appointee shall only serve for the remainder of the term for which his or her predecessor was appointed.
History:
L. 1909, ch. 82, § 22; R.S. 1923, § 14-1501; L. 1955, ch. 123, § 1; L. 1959, ch. 83, § 2; L. 1967, ch. 90, § 8; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 15 - Appointive Officers › 14-1502 Persons not eligible to office.

14-1502.
Persons not eligible to office.
No person shall be eligible to any appointive office unless he or she shall be a bona fide resident of the city or of the territory within a two (2) mile radius of such city prior to his or her appointment, except that the city may hire nonresident expert employees or appoint nonresidents as a municipal judge or as law enforcement officers when deemed necessary by the board of commissioners, including the appointment of nonresidents who also serve as municipal judge or law enforcement officers of another municipality or public agency: Provided, That nothing herein shall authorize the appointment of nonresidents of this state.
History:
L. 1909, ch. 82, § 23; R.S. 1923, § 14-1502; L. 1961, ch. 107, § 1; L. 1967, ch. 90, § 9; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 15 - Appointive Officers › 14-1503 Removal of appointive officers.

14-1503.
Removal of appointive officers.
The board of commissioners shall have power by a majority vote of all the members thereof to remove, for cause, the city attorney, city clerk, city treasurer, police judge, city engineer, or the incumbent of any other appointive city office or employment whatever, and may by ordinance prescribe, limit or change the compensation of such officers or employees: Provided, however, That no fees whatever be paid to or allowed any such officer or employee as compensation for the services thereof. The chief of police, chief of the fire department, or any superintendent or foreman in charge of municipal work, may, with the consent of the board of commissioners, suspend or discharge any subordinate under his or her direction for neglect of duty or disobedience of his or her orders.
History:
L. 1909, ch. 82, § 24; March 1; R.S. 1923, § 14-1503.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 15 - Appointive Officers › 14-1504 Vacancies in offices generally.

14-1504.
Vacancies in offices generally.
In case of the disability or any vacancy occurring by death, resignation or removal by the board of commissioners of any city officer, the said board shall, by a majority vote of all the members thereof, appoint some suitable person to fill the unexpired term. The resignation of any city officer appointed under the provisions of this act shall be made in writing to the board of commissioners for their action thereupon. If any city officer required to be a resident of the city or of the territory within a two (2) mile radius of such city shall remove from such territorial limits such removal shall, ipso facto, vacate his or her office. The city clerk shall enter every appointment of office and the date thereof on the journal.
History:
L. 1909, ch. 82, § 25; R.S. 1923, § 14-1504; L. 1967, ch. 90, § 10; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 18 - Commission Form Of Government › 14-1803 Existing ordinances, proceedings and contracts.

14-1803.
Existing ordinances, proceedings and contracts.
All existing ordinances, not inconsistent with the provisions of this act, shall remain in full force and effect until amended or repealed, and all proceedings relating to the levy and collection of general taxes and special assessments and the sale and conveyance of land for the nonpayment thereof, and all contracts heretofore entered into by such city, shall remain in full force and effect and be completed under existing laws; and no right or property accrued to any city, corporation, firm or person under the laws of this state shall be affected by this act.
History:
L. 1909, ch. 82, § 33; March 1; R.S. 1923, § 14-1803.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 18 - Commission Form Of Government › 14-1806 Election to adopt commission form; election of new city officers, when.

14-1806.
Election to adopt commission form; election of new city officers, when.
Before the provisions of this act shall apply to any city of the second class in this state, it shall be submitted, in the manner provided in K.S.A. 12-184, to a vote of the legally qualified electors of such city for adoption and shall receive a majority of all votes cast at such election.
Such election shall be held in all respects according to the law for holding city elections on questions submitted.
If a majority of all the votes cast at such election shall be in favor of the adoption of this act, then at the next city election in an odd-numbered year a mayor and two (2) commissioners shall be elected, and upon their election and qualification the rights, powers, duties and emoluments of the then governing body of such city shall cease and terminate.
History:
L. 1909, ch. 82, § 36; R.S. 1923, § 14-1806; L. 1968, ch. 274, § 41; L. 1976, ch. 76, § 15; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 18 - Commission Form Of Government › 14-1807 Abandonment of organization under act; election.

14-1807.
Abandonment of organization under act; election.
Any city which shall have operated for more than four (4) years under the provisions of this act may abandon such organization thereunder and accept the provisions of the general law of the state then applicable to the cities of its population, by submission, in the manner provided by K.S.A. 12-184, to a vote of the qualified electors of the city, of the following proposition: "Shall the city of (name of city) abandon its organization under chapter 82 of the Laws of 1909, and the acts amendatory thereto, and become a city under the general law governing cities of like population?"
If a majority of the votes cast at such election be in favor of such proposition, the officers elected at the next succeeding biennial election shall be those then prescribed by the general law of the state for cities of like population, and the terms of office for which such officers shall be elected shall be those prescribed by K.S.A. 14-201, in the case of the organization of a city of the second class; and upon the qualification of such officers, such city shall become a city under such general law of the state.
Such election shall be held in all respects according to the law for holding city elections on questions submitted.
History:
L. 1909, ch. 82, § 37; R.S. 1923, § 14-1807; L. 1933, ch. 140, § 1; L. 1976, ch. 76, § 16; July 1.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 19 - Funding And Emergency Bonds › 14-1901 Bonds to refund existing indebtedness upon adoption of commission form.

14-1901.
Bonds to refund existing indebtedness upon adoption of commission form.
All cities of the second class in the state of Kansas which have heretofore or may hereafter adopt the commission form of government, are hereby authorized and empowered to refund all its outstanding indebtedness existing and outstanding at the time of the adoption and up to the time of the inauguration of the commission form of government by such city, by issuing refunding bonds thereof. Such refunding bonds shall be issued and the former indebtedness shall be canceled as provided by law.
History: R.S. 1923, § 14-1901; December 27.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 20 - Miscellaneous Provisions › 14-2001 Use of certain land for park and recreational purposes; police power; lease; conditions.

14-2001.
Use of certain land for park and recreational purposes; police power; lease; conditions.
Any city of the second class and owning land, including any land, part or all of which is used in connection with any municipal utility, inside or outside its corporate limits, may develop and use part or all of such land for park and recreational purposes and incidental uses and hereby is granted the same police power over said territory as though it were within the corporate limits of said city. Such city may lease portions of such land at sufferance, at will or for years for private camping or cabin sites and incidental uses, and for a golf course or courses, and club houses and facilities used in connection therewith; and such leasehold, but not the city's reversionary interest, shall be subject to taxation: Provided, That every such lease shall provide that the lessee shall at its own expense, construct and install all of the facilities and improvements to be occupied and used by it under such lease, upon such terms, conditions and control as the governing body of the city may require. Operations under this act shall be deemed to be within such city's governmental capacity and liability.
History:
L. 1937, ch. 157, § 1; L. 1939, ch. 131, § 1; L. 1941, ch. 151, § 1; L. 1961, ch. 108, § 1; June 30.
2023 Kansas Statutes › Chapter 14 - Cities Of The Second Class › Article 20 - Miscellaneous Provisions › 14-2004 Establishment of park land acquisition fund by commission-manager cities; use; limitations.

14-2004.
Establishment of park land acquisition fund by commission-manager cities; use; limitations.
Any city of the second class operating under the commission-manager form of government is hereby authorized to establish a park land acquisition fund to be used for purchasing or otherwise acquiring land for park purposes. The governing body of such city may transfer not to exceed five thousand dollars ($5,000) a year from its general operating fund to the park land acquisition fund and use any money in said fund from time to time to acquire land for park purposes. Not more than twenty-five thousand dollars ($25,000) shall be accumulated in said fund at any time. Any money in said fund may be expended during any budget year even though the same was not included in the budget of expenditures for such year.
History:
L. 1963, ch. 114, § 1; June 30.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 1 - General Provisions › 15-101 Cities of third class; government.

15-101.
Cities of third class; government.
All municipal corporations of the territory or state of Kansas, heretofore organized as cities, towns, or villages, containing not more than two thousand inhabitants (and not heretofore organized as cities of the second class), including cities of the third class organized in accordance with the provisions of the act of which this is amendatory, and including also all unincorporated towns (without regard to their population) which may now or hereafter be constituted a county seat of any county, shall be cities of the third class, and shall be governed by the provisions of this act; and all rights and privileges accrued under and by virtue of, or provided by, any act of the legislature of the territory or of the state of Kansas, before the day on which this act shall take effect, to any such municipal corporation, are hereby confirmed and preserved to such corporation, and the citizens thereof, respectively.
History:
L. 1871, ch. 60, § 1; L. 1886, ch. 66, § 1; L. 1917, ch. 114, § 1; May 26; R.S. 1923, § 15-101.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 1 - General Provisions › 15-104 City to remain a part of corporate limits of township.

15-104.
City to remain a part of corporate limits of township.
Cities regulated and governed by this act shall be and remain a part of the corporate limits of the townships in which the same are situated.
History:
L. 1905, ch. 126, § 1; R.S. 1923, § 15-104; L. 1968, ch. 274, § 42; April 30.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 1 - General Provisions › 15-105 Composition of council; census.

15-105.
Composition of council; census.
The council of each city governed by this act shall consist of five members. The population of the city shall be ascertained, when necessary, by a census taken under an ordinance of the city.
History:
L. 1871, ch. 60, § 15; April 3; R.S. 1923, § 15-105.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 1 - General Provisions › 15-106 Meetings of council.

15-106.
Meetings of council.
Regular meetings of the council shall be held at such times, not less than once each month, as shall be prescribed by ordinance. Special meetings may be called by the mayor or acting mayor, on written request of any three members of the council, specifying the object and purpose of such meeting, which request shall be read at the meeting and entered at length on the journal. In all cases it shall require a majority of the councilmen elect to constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the council, by ordinance, may have previously prescribed.
History:
L. 1871, ch. 60, § 16; April 3; R.S. 1923, § 15-106.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 1 - General Provisions › 15-111 Election to determine status of city; city as part of township; payment of debts.

15-111.
Election to determine status of city; city as part of township; payment of debts.
On the petition of a majority of the legal voters of any town or village which became a city of the third class or may hereafter become a city of the third class by virtue of section one of the act to which this section is supplementary*, it shall be the duty of the council of such city, within ten days after the filing of such petition, to order an election by the legal voters of such city, to determine whether such city shall remain a city under the provisions of the act to which this is amendatory, or be dissolved as a corporate body, and remitted to the conditions of being part of the township in which such city shall be.
The election shall be conducted like other elections, and the ballots shall have written or printed thereon: "For a city," or "Against a city," and within three days after the election said ballots shall be counted by the city council, and the result recorded; and if a two-thirds majority of the legal votes shall be against the city, then the city shall thenceforth cease to exist, and the territory embraced within the city limits shall thenceforth be a part of the township in which said city was located, and governed in every respect under the general township laws; and the records of such city shall be delivered to the township clerk, and if there be any debts unpaid of such city at the time it ceased to exist under the provisions of this act, then the township trustee shall, at the next annual levy of taxes, provide for a levy on the property within the limits of such city, sufficient to pay such debt according to its terms in the same manner as taxes are now levied for township purposes.
History:
L. 1872, ch. 102, § 4; March 6; R.S. 1923, § 15-111.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 1 - General Provisions › 15-111a Dissolution of certain cities.

15-111a. Dissolution of certain cities.
Any city who has received public moneys in 2010 or 2011 from the United States environmental protection agency through the Kansas department of health and environment relating to the buyout and relocation of its residents and such residents have been relocated is hereby dissolved as a corporate body.
History:
L. 2012, ch. 36, § 1; April 5.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 1 - General Provisions › 15-112 Issuance of no-fund warrants by newly incorporated cities; computation of amount; protest petition; election.

15-112.
Issuance of no-fund warrants by newly incorporated cities; computation of amount; protest petition; election.
Whenever any town or village shall become an incorporated city, the governing body of each such city shall be authorized to issue no-fund warrants in amounts computed as hereinafter provided. Whenever the incorporation of a city occurs between August 1 and January 31 of any year such city, in order to function properly for the remainder of the year, may issue no-fund warrants in an amount not to exceed fifty percent (50%) of the amount said city could levy in one year for its general operating fund, and such city, in order to function properly during the succeeding year, may also issue no-fund warrants in an amount not to exceed the total amount such city could levy in one year for its general operating fund.
Whenever the incorporation of any city occurs between January 1 and July 31 of any year such city, in order to function properly for the remainder of such year, may issue no-fund warrants in an amount not to exceed eighty percent (80%) of the amount such city could levy in one year for its general operating fund: Provided, No such warrants shall be issued until a resolution authorizing such issuance shall have been adopted by the governing board of such city and published once in a newspaper having a general circulation in such city, whereupon such warrants may be issued unless a petition in opposition to same, signed by not less than thirty percent (30%) of the qualified electors of such city is filed with the clerk of said city within ten (10) days following such publication. In the event such a petition is filed, it shall be the duty of the governing body of such city to submit the question to the voters at an election called for such purpose.
History: L. 1953, ch. 59, § 1; April 13.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 1 - General Provisions › 15-113 Same; tax levies; surplus; cash basis and budget laws inapplicable.

15-113.
Same; tax levies; surplus; cash basis and budget laws inapplicable.
Whenever no-fund warrants are issued under the authority of this act the governing body of such city shall make a tax levy each year for three (3) years in approximately equal installments for the purpose of paying such warrants and the interest thereon. All such tax levies shall be in addition to all other levies authorized or limited by law and shall not be subject to the aggregate tax levy prescribed in article 19 of chapter 79 of the Kansas Statutes Annotated, and any amendments thereto. Such warrants shall be issued, registered, redeemed and bear interest in the manner and in the form prescribed by K.S.A. 79-2940, except they shall not bear the notation required by said section and may be issued without the approval of the state commission of revenue and taxation. Any surplus existing after the redemption of such warrants shall be handled in the manner prescribed by K.S.A. 79-2940. None of the provisions of the cash-basis and budget laws of this state shall apply to any expenditures made, the payment of which has been provided for by the issuance of warrants under this act.
History:
L. 1953, ch. 59, § 2; April 13.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 1 - General Provisions › 15-115 Incorporation of cities; purpose of act.

15-115.
Incorporation of cities; purpose of act.
It is the purpose of this act to provide by general law for the incorporation of all cities, as required by section 5 of article 12, of the state constitution.
History:
L. 1963, ch. 509, § 1; June 30.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 1 - General Provisions › 15-117 Same; duties of county clerks; hearing.

15-117. Same; duties of county clerks; hearing.
The county clerk shall examine the petition, if such a petition is required, signatures and attached matter as prescribed by K.S.A. 15-116, as amended, and if it appears the petition is in proper form, that the inhabitants of the territory number 250 or more and 50 or more electors of the territory have signed a petition, that the territory contains 250 or more platted lots each served by water and sewer lines owned by a nonprofit corporation and that 50 or more electors of the territory have signed the petition, or that the territory has been designated as a national landmark, the county clerk shall so report to the board of county commissioners at its next regular meeting and it shall designate a time and place for a hearing on the petition, such time to be not less than 30 nor more than 90 days from the date the petition was filed. The place of the hearing shall be at a place convenient for most of the inhabitants of the territory.
History:
L. 1963, ch. 509, § 3; L. 1967, ch. 113, § 2; L. 1981, ch. 86, § 2; L. 2011, ch. 101, § 2; June 2.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 1 - General Provisions › 15-118 Same; notice of hearing; publication; posting.

15-118.
Same; notice of hearing; publication; posting.
The county clerk shall cause a copy of the petition, without the signatures, and a notice of the time and place of the hearing to be published once in the official county newspaper of each county in which any of the territory lies and the publication shall be not less than fifteen (15) days before the hearing. Notice of the hearing shall also be posted in not less than three (3) public places in the territory not less than fifteen (15) days before the hearing.
History:
L. 1963, ch. 509, § 4; June 30.