Chapter 12, CITIES AND MUNICIPALITIES

12-5368. Duty to ensure that 911 fee moneys are expended appropriately; criteria for eligible purchases; actions to collect moneys owed by providers. [See Revisor's Note] (a) The state 911 board shall be responsible for ensuring that the moneys collected from 911 fees and prepaid…

12-5368a. Remittance of 911 fees to the state treasurer; deposits to be credited to the state 911 operations fund, state 911 grant fund and state 911 fund. (a) Upon receipt of the 911 fees remitted by a provider to the state board pursuant to K.S.A. 12-5370, and amendments theret…

12-5369. 911 fee established; duty to collect and remit; reduction of fee. (a) Except as provided in subsection (b), there is hereby imposed a 911 fee in the amount of $.90 per month per subscriber account of any exchange telecommunications service, wireless telecommunications se…

12-5370. 911 fee collection and remittance; uncollected fees, report; records, retention of. (a) Every billed service user shall be liable for the 911 fee until such fees have been paid to the exchange telecommunications service provider, wireless telecommunications service provi…

12-5371. Prepaid wireless 911 fee established; duty to collect and remit; reduction of fee. (a) There is hereby imposed a prepaid wireless 911 fee of 2.06% per retail transaction or, on and after the effective date of an adjusted amount per retail transaction that is established …

12-5372. Prepaid wireless 911 fee; remittance to the department of revenue; deposits to the state 911 operations fund and state 911 fund. [See Revisor's Note] (a) Prepaid wireless 911 fees collected by sellers shall be remitted to the department by electronic filing that is consi…

12-5373. Same; sole funding obligation. The prepaid wireless 911 fee imposed in this act shall be the only 911 funding obligation imposed with respect to prepaid wireless service in this state. No tax, fee, surcharge or other charge shall be imposed by this state, any political s…

12-5374. Distribution of 911 fee moneys to PSAPs and governing bodies, minimum distribution; authority to transfer unencumbered moneys; proprietary records. [See Revisor's Note] (a) (1) Except for the amounts credited to the state 911 operations fund and state 911 grant fund purs…

12-5375. 911 fee moneys, approved expenditures; pre-approval of expenditures, request; unauthorized expenditures, penalties; contracts between governing bodies for the provision of 911 services. [See Revisor's Note] (a) (1) Moneys distributed to governing bodies and PSAPs pursuan…

12-5376. Provision of 911 service; limitation on liability. Except as provided by the Kansas tort claims act, and except for action or inaction that constitutes gross negligence or willful and wanton misconduct, the LCPA, PSAPs, and each provider, and their employees, agents, sup…

12-5377. Legislative post audit; audits and review of act; audit of 911 coordinating council; cost and approval of audits; reporting requirements; yearly audit of LCPA; legislative review of act. (a) The receipts and disbursements of the LCPA shall be audited yearly by a licensed…

12-5380. Provision for 24-hour receipt of 911 calls. The governing body of each city and county shall provide or contract for the 24-hour receipt of 911 calls for all service areas within the jurisdiction of the city or county. History: L. 2011, ch. 84, § 19; L. 2019, ch. 39, § 1…

12-5381. Severability. The provisions of this act are declared to be severable and if any provision, word, phrase or clause of the act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this a…

12-5382. Preparation for transition to state 911 board; authority conferred to 911 coordinating council. (a) The 911 coordinating council may take any actions necessary to prepare for a seamless and orderly transition of the powers, duties and functions of the 911 coordinating co…

12-5383. Establishment of state 911 board; composition; terms; expenses and compensation (a) There is hereby established the state 911 board. The board shall consist of 19 voting members and shall include individuals with technical expertise regarding 911 systems, internet techno…

12-5384. Powers and duties of state 911 board; employment of executive director and other employees; imposition of civil penalties for certain violations of law. (a) The state 911 board shall: (1) Coordinate E-911 services and next generation 911 services in the state; (2) implem…

12-5385. Abolishment of 911 coordinating council; powers, duties and property transferred to the state 911 board; rules and regulations maintained. (a) On July 1, 2025, the 911 coordinating council established pursuant to K.S.A. 12-5364, prior to its repeal, is hereby abolished a…

12-5386. Powers and duties of telecommunication providers; annual expenditure reports from recipients of 911 fee moneys; maintenance of accurate GIS data. (a) (1) Every provider shall submit contact information for the provider to the state 911 board. Any provider that has not pr…

12-5387. Funds established outside of state treasury; monthly accounting reports; summary report to legislature; expiration of section. (a) On or before the 15th day of each month, the state 911 board, or the entity that the board has contracted for services, shall provide a mont…

12-5388. State 911 operations fund established; immediate transfer of moneys to the state 911 operations fund; authorized transfers of unencumbered moneys; 911 operations fund abolished; transfer of balance. (a) There is hereby created in the state treasury the state 911 operatio…

12-5389. State 911 grant fund established; expenditures; purposes; 911 state grant fund abolished; transfer of balance. (a) There is hereby created in the state treasury the state 911 grant fund. All expenditures from the state 911 grant fund shall be made in accordance with appr…

12-5390. State 911 fund established; expenditures; purposes; 911 state fund abolished; transfer of balance. (a) There is hereby created in the state treasury the state 911 fund. All expenditures from the state 911 fund shall be made in accordance with appropriation acts upon warr…

12-5401. Asbestos in buildings; determination of existence; issuance of bonds authorized, protest petition; technical assistance by secretary of health and environment; definitions. (a) When the governing body of any municipality determines that asbestos-containing material is co…

12-5501. Privatization of public services; definitions. As used in this act: (a) "Capital intensive public service" means a public service which requires the investment of capital by a private contractor in physical facilities which would be amortized over a period exceeding one …

12-5502. Same; contract with private contractor. Any municipality may contract with a private contractor to furnish in accordance with a service agreement any capital intensive public service which the municipality is authorized by law to furnish and for that purpose a municipali…

12-5503. Same; service agreement; term; service fee; limitations. (a) Subject to provisions contained in this act, a municipality may enter into a service agreement for a term not to exceed 30 years. However, the service agreement may permit the municipality either to extend or r…

12-5504. Same; proposals; public hearing, feasibility analysis; protest petition. (a) Any municipality considering the privatization of a public service as provided by this act shall prepare a request for proposals which shall describe the public service and related facilities un…

12-5505. Same; service fee, payment of; taxes, fees, charges, special assessments. For the payment of a service fee or other monetary obligation under an existing service agreement or in anticipation of need under a future service agreement, the municipality may levy property tax…

12-5506. Same; sale or lease of land and facilities; bonds, loans, grants; eminent domain, prohibited. The municipality, in compliance with the service agreement, may sell or lease to the private contractor or any other municipality, on terms and conditions as the municipality co…

12-5507. Same; service agreement, terms relating to ownership of property; default. The agreement shall specify the title and ownership of all property involved in providing the public service, including any property owned by the municipality to be used by the private contractor.…

12-5508. Same; contractor's exclusive right to provide service. The municipality may agree that the sole and exclusive right to provide the capital intensive public service within its jurisdiction be assumed by the private contractor under the service agreement in the same manner…

12-5509. Same; property tax exemption; reduction of payments. All real and personal property used for the performance of a public service may be exempt from ad valorem taxation to the extent such property is used exclusively for the performance of such public service. If any port…

12-5510. Same; this act not exclusive authority for privatization. The provisions and authority provided by this act shall be in addition to and supplemental to any other authority conferred by law or the constitution of the state of Kansas, and nothing herein shall be construed …

12-5511. Same; interlocal cooperation; joint agency. Any municipality which has entered into or proposes to enter into a service agreement under the provisions of this act also may enter into related service agreements with one or more other municipalities or with a joint agency …

12-5601. Citation of act. This act shall be known and may be cited as the Topeka/Shawnee county riverfront authority act. History: L. 2006, ch. 83, § 1; July 1.

12-5602. Definitions. As used in this act: (a) "Authority" means the riverfront authority created by this act. (b) "Board" means the riverfront board created by this act. (c) "City" means the city of Topeka. (d) "Commission" means the county commission of Shawnee county. (e) "Cou…

12-5603. Authority created; purpose. There is hereby created the Topeka/Shawnee county riverfront authority. The purpose of the authority is to promote the general welfare and encourage private capital investment by fostering the creation of recreational, retail, entertainment, e…

12-5604. Lawsuits; seal. The authority may sue and be sued in its corporate name but execution shall not in any case issue against any property of the authority. The authority may adopt a common seal and change the same at pleasure. History: L. 2006, ch. 83, § 4; July 1.

12-5605. Planning and design of riverfront; general powers. For the first three years of its existence, the authority shall engage in planning and design of the riverfront. At all times the authority shall have power to acquire, construct, own, operate and maintain for public ser…

12-5606. Acquisition of property. (a) Except as provided by subsection (c), the authority shall have power to acquire by purchase, lease, gift or otherwise all or any part of real property, property, rights in property, for the purpose of planning, development and creation of a r…

12-5607. Equipment; purchase, agreements and leases. (a) The authority shall have power to purchase equipment such as land, riparian rights, dams and docks, recreational equipment and public improvements, and may execute agreements, leases and equipment trust certificates. All mo…

12-5608. Application for and acceptance of grants. The authority shall have power to apply for and accept grants from the federal or state government or any local government, or any agency thereof, or from any other public or private entity, to be used for any of the purposes of …

12-5609. Investment of funds. The authority shall have power to invest and reinvest any funds held in reserve or sinking funds not required for immediate disbursement, in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein or in bond…

12-5610. Insurance. The authority shall have power to procure and enter into contracts for any type of insurance and indemnity against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employers' liabili…

12-5611. Governing board; appointment; terms; officers; meetings; procedure. (a) The governing and administrative body of the authority shall be a board consisting of six members, to be known as the riverfront board. Members of the board shall be residents of Kansas. No member of…

12-5612. Secretary and treasurer; requirements; monetary transactions. (a) The board shall appoint a secretary and a treasurer, who need not be members of the board, to hold office during the pleasure of the board, and fix their duties and compensation. Before entering upon the d…

12-5613. General manager and other personnel. The board may appoint a general manager and such other persons who are necessary to make the authority succeed. The general manager shall hold office at the pleasure of the board. The general manager shall manage the properties and bu…

12-5614. Rules and regulations. The board shall make all rules and regulations necessary to govern the operation of the riverfront and its property and facilities and to exercise the powers granted to the authority. History: L. 2006, ch. 83, § 14; July 1.

12-5615. Fiscal year; budget; annual report and financial statement. (a) The board shall establish a fiscal operating year. At least 30 days prior to the beginning of the first full fiscal year after the creation of the authority, and annually thereafter, the board shall cause to…

12-5616. Damage reserve fund. (a) The board shall withdraw from the gross receipts of the authority and charge to operating expenses such an amount of money as in the opinion of the board shall be sufficient to provide for the adjustment, defense and satisfaction of all suits, cl…