CHAPTER 111 SENATE BILL No. 679
      An Act concerning counties; relating to roads, bridges, culverts and cornerstones; amending
      K.S.A. 19-1432 and 68-1103 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 68-1103 is hereby amended to read as follows:
68-1103. (a) Whenever the board of county commissioners of any county
shall determine that it is necessary to build or repair any road, bridge or
culvert, the county's share of the cost of which shall be less than the sum
of $250,000, the board shall may appropriate an amount equal to its share
and shall immediately make all contracts for labor, material and all other
expense necessary for the construction or repair of such work in the man-
ner provided by law or shall may make and let a contract for the con-
struction or the repair thereof, but the amount appropriated shall not
exceed the county engineer's estimated cost to the county for the work.

In any county having a population of more than 25,000 and containing
two or more cities of the second class, the board of county commissioners
shall determine the necessity of building or repairing any bridge or
bridges; shall pass a resolution declaring that such a necessity exists and
shall immediately build such bridge or bridges at a cost to be determined
by the county engineer's estimate of not to exceed $100,000 per bridge
and appropriate money therefor. The levy for such purpose shall not
exceed two mills upon the assessed valuation of the county.

(b) In any such county or counties where there has been constructed
prior to the passage of this act or shall be hereafter is constructed any
road, bridge or bridges culverts which shall have been destroyed or ren-
dered impassable, or shall be hereafter is destroyed or rendered impass-
able by flood, high water, fire or other casualty, or where there is any
road, bridge or bridges condemned culvert determined by the board of
county commissioners and the county engineer as unsafe and or inade-
quate to meet the demands of present day traffic or where the board of
county commissioners has made a determination under subsection (a),
then such board of county commissioners may immediately thereafter
may construct, repair and or reconstruct such road, bridge or bridges
culvert; may adopt a resolution finding and determining a necessity for
such construction, repair or reconstruction and may at once proceed to
construct, repair or rebuild reconstruct the same at a cost to be deter-
mined by the county engineer's estimate not exceeding $250,000 per
bridge and shall appropriate a sufficient amount of money therefor, or if
there be. If there is not a sufficient amount of money therefor in the
proper funds of the county, such board is hereby authorized and empow-
ered to issue general obligation bonds or warrants of the county to pay
the costs for the work herein provided for. Any bonds issued under the
authority of the foregoing provision of this section shall not be subject to
any limitation on the bonded indebtedness of the county. In Jewell
county, bonds also may be issued for the construction and repair of roads
in accordance with the provisions of this subsection.:

(1) The costs for the construction, repair or reconstruction of such
bridge or culvert under the provisions of this subsection. Any bonds issued
pursuant to this subsection to pay the costs of such bridge or culvert work
shall not be subject to any limitation on the bonded indebtedness of the
county; or

(2) the costs for the construction, repair or reconstruction of any such
road under the provisions of this subsection; except that no such bonds
shall be issued until the board of county commissioners shall have pub-
lished a resolution authorizing the issuance of such bonds once each week
for three consecutive weeks in the official county newspaper. If within 60
days following the last publication of such resolution, a petition in op-
position to the issuance of such bonds, signed by not less than 5% of the
qualified electors of the county, is filed with the county election officer,
no bonds shall be issued unless a majority of the electors voting on the
question of issuing such bonds approve the same. Such election shall be
called and held in the manner provided for the calling and holding of
elections under the general bond law.

(c) Such board is hereby authorized and empowered to The board of
county commissioners may levy and collect taxes for the purpose herein
named or for the purpose of retiring any warrants bonds that have been
issued, which shall not exceed two mills upon the assessed valuation of
the county.

(d) Under the provisions of this section those bridges which are sit-
uated across any stream on any county road are hereby declared to have
a preference over the bridges on other roads and shall be repaired and
reconstructed before any other bridges are repaired and reconstructed.

Sec. 2. K.S.A. 19-1432 is hereby amended to read as follows: 19-
1432. The surveyor shall upon receipt of such notice, without unnecessary
delay, Upon receipt of notice pursuant to K.S.A. 19-1430, and amend-
ments thereto, that a cornerstone or monument projects above the usual
grade of a roadbed, the surveyor shall notify the governing body having
jurisdiction over such road. The governing body for township roads shall
be the township board. The governing body of county roads shall be the
board of county commissioners. The governing body of state and federal
roads shall be the Kansas department of transportation. If the appropriate
governing body determines the cornerstone or monument needs to be
reset, the surveyor shall proceed to reset such cornerstone or monument
and set at least two (2) witness monuments, in a manner calculated to
permanently preserve and mark the proper location of said the corner-
stone or monument, and. The surveyor shall record such proceedings,
together with a substantial description of the cornerstone or monument,
and the witness monuments, with distances and courses to same, in the
manner provided by the law of permanent surveys. It shall not be nec-
essary to notify any interested parties. If the governing body determines
a cornerstone or monument which projects above the usual grade of a
roadbed needs to be reset, the cost of resetting cornerstones or monu-
ments on township roads shall be paid from township road funds, on
county roads from county road funds, state and federal roads from the
state highway fund; and. The cost of resetting cornerstones or monuments
on property of persons, firms or corporations the costs shall be paid by
the parties for whom the service is performed.

Nothing in this section shall be construed as prohibiting the resetting
of cornerstones or monuments by any land surveyor during the course of
a survey paid for by the landowner requesting such survey.

Sec. 3. K.S.A. 19-1432 and 68-1103 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 15, 1998

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