Chapter 12, CITIES AND MUNICIPALITIES

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 establi…

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 joi…

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 distr…

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. H…

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…

12-1925. Establishment by petition or by action of city or school district; election. (a) Whenever a petition signed by at least 5% of the qualified voters of the city or school district is filed with the clerk thereof, requesting the governing body of the city or school district…

12-1926. Recreation commission; membership; selection; terms; removal; vacancies; existing commissions; treasurer. (a) Except as provided by subsection (c), recreation commissions shall consist of five members to be appointed as follows: (1) Upon the adoption of the provisions of…

12-1927. Annual budget; hearing; notice; submission to district board of education; tax levy; increase in levy, subject to protest; annual audit, when required. (a) (1) The recreation commission shall prepare an annual budget for the operation of the recreation system. Prior to t…

12-1928. Powers of recreation commission. Every recreation commission appointed pursuant to this act shall have the power to: (a) Make and adopt rules and regulations for the operation of the recreation system; (b) conduct the activities of the recreation system on any property u…

12-1929. Combining operation of park system and public recreation system; protest election; jointly operated systems; transfer of property. (a) Whenever the governing body of any city which has established a recreation system deems it advisable to combine the operation and admini…

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…

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 con…

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 sh…

12-1933. Termination of joint recreation commission by agreement; establishment of recreation department; protest; tax levy. As an alternative to the procedure provided by K.S.A. 12-1929, and amendments thereto, the governing body of any city may authorize by ordinance that an ag…

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, maintai…

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 recrea…

12-2001. Granting of franchises; purposes; conditions; limitations; assessment of fees; certain provisions declared void. (a) The governing body of any city may permit any person, firm or corporation to: (1) Manufacture, sell and furnish artificial or natural gas light and heat; …

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. Histor…

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 …

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 …

12-2005. Same; application of act. This act shall apply to the granting of an original franchise or any renewal or extension of any existing franchise. History: L. 1959, ch. 88, § 3; March 6.

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 way…

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, upo…

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 …

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 ci…

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 permitt…

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…

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. 1…

12-2013. Act does not apply to public utilities. Nothing in this act shall apply to public utilities, including utilities regulated by the state corporation commission. History: L. 1972, ch. 49, § 8; March 24.

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.…

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…

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 …

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.

12-2022. Definitions. For purposes of the video competition act: (a) "Cable service" means the same as defined in 47 U.S.C. § 522. (b) "Cable operator" means the same as defined in 47 U.S.C. § 522. (c) "Cable system" means the same as defined in 47 U.S.C. § 522. (d) "Communicatio…

12-2023. Video service application, authorization; restrictions on municipal requirements; imposition of fees and licensure requirements, limitations; transferability; termination; franchise requirements; state corporation commission authorized to promulgate regulations governing…

12-2024. Video service provider; notice; agreement; video service provider fee; percentage of gross revenues determined by municipality, limitation; audit; customer billing. (a) A video service provider shall provide notice to each municipality with jurisdiction in any locality a…

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 cabl…

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) …

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 othe…

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.

12-2035. Definitions. As used in this act: (a) "Municipality" means any county, city, township and other political subdivision or taxing subdivision including any board, bureau, commission, committee or other agency having authority to create, regulate or otherwise impact the del…

12-2036. Organized collection service establishment; procedure; delayed implementation. (a) A municipality may establish an organized collection service as a municipal service by ordinance, in the case of a city, or by resolution, in the case of other municipalities. The ordinanc…

12-2037. Application of act; exclusions. (a) This act* shall be applied to all municipalities regardless of the stage of development of an organized collection system. (b) The provisions of this act shall not apply to the collection of waste tires as defined by K.S.A. 65-3424(m),…

12-2101. Refuse defined. Refuse, for the purposes of this act, shall include garbage and trash, and garbage and trash are defined as follows: 1. "Garbage": Wastes from the preparation, cooking, and consumption of food; market refuses, waste from the handling, storage, and sale of…

12-2102. Collection and disposal under contract or as municipal function; conditions as to certain cities of more than 120,000 population; facilities. The governing body of any city may provide for the collection and disposal of garbage or trash or both of them and in doing so ma…

12-2103. Ordinance describing duties. When the governing body decides to provide for the collection and disposal of garbage or trash or both by contract or as a municipal function it shall pass an ordinance describing the duties of persons, householders, business establishments, …

12-2104. Payment of cost of refuse collection; tax levy, use of proceeds; service charges; issuance of bonds for land or equipment; protest petition and election. The governing body may: (a) Pay the cost out of the general fund or other proper fund or may levy an annual tax upon …

12-2105. Collection of service charges. A contract for collection and disposal may provide that the contractor shall collect the service charges if service charges are provided, or may provide that the city shall collect the service charges and pay the contractor the amount speci…

12-2106. No service charge, when; ordinance prohibiting accumulation or transportation. Parties having no garbage or trash shall not be required to pay any service charge: Provided, The governing body may pass ordinances prohibiting the accumulation of garbage and trash other tha…

12-2110. City may regulate and license collectors. The governing body of any city which provides no refuse or solid waste collection and disposal service as herein specified or as authorized by K.S.A. 65-3410 may regulate and license garbage or trash collectors, or both, and limi…