19-2855


Chapter 19.--COUNTIES AND COUNTY OFFICERS


Article 28.--PARKS, MUSEUMS, LAKES AND RECREATIONAL GROUNDS

     
19-2855.   Powers; issuance of bonds; tax levy, use of proceeds.
The county board of park commissioners shall be vested with all the
power, authority and control heretofore vested in the board of county
commissioners relating to county parks, parkways and
recreational areas, county lakes, roads and park drives, including all
buildings, grounds and other structures located within such county
parks, parkways and recreational areas. It shall have power to make
bylaws, rules and regulations for the orderly transaction and management
of its business. It is further empowered to enter into agreements with
the secretary of wildlife and parks, by and with the consent of the board
of county commissioners, for the building and construction of
one or more reservoirs, lakes, dams or embankments for impounding water
on lands in the park and recreational grounds of the county. Nothing in
such agreements shall be construed to prohibit the secretary and the Kansas
department of
wildlife and parks from the right to exercise the same functions,
rights and authority as though the lands for such park and recreational
grounds had been acquired by the department, and any agreement between any
such county board of park commissioners and the secretary shall expressly
provide that, notwithstanding the title to such lands
shall be vested in such county, all rights therein or thereon, waters
and water rights, and for keeping, improving and maintaining them
for the use and benefit of the department
shall be unimpaired and shall likewise be public park and recreational
grounds for the use and enjoyment of the public. All bonds required or
authorized by law to be issued relating to
parks, parkways and recreational areas, and all taxes levied for the
maintenance or improvement thereof, shall be issued and levied by the
board of county commissioners, and for the purpose of creating such
county park and recreational fund, hereinafter referred to, and for the
purpose of enlarging existing park areas or acquiring additional park
and recreational grounds or sites and for the making of permanent
improvements to and for maintaining such park, recreational grounds or
sites now owned or hereafter acquired by such county and to pay a portion
of the principal and interest on bonds issued under the authority of K.S.A.
12-1774 and amendments thereto by cities located in the
county, the board of
county commissioners is hereby authorized to levy an annual tax on all
taxable tangible property in the county.

     
Such new or additional grounds or sites for park and recreational
purposes may be acquired by the board of county commissioners of such
county by purchase, donation, long term leases or easements or the
exercise of the right of eminent domain, as provided for in chapter 26
of the Kansas Statutes Annotated and amendments thereto. Following the
acquisition of such grounds or sites, the county board of park
commissioners shall improve, maintain and supervise all such park and
recreational areas in the manner now provided by law. The board of
county commissioners of any such county,
by and with the consent of the board of park commissioners of any such
county, may convey title to such portion or portions of the new park and
recreational areas so acquired under the provisions of this act to any
federal nonprofit corporation or foundation created under the laws of
the United States, for the purpose of establishing and maintaining any
national shrine, park or memorial upon any land in such county, which
adjoins, abuts or is adjacent to the new park and recreational areas so
acquired by any such county under the provisions of this act. The board
of county commissioners shall have power, and it
shall be its duty, upon recommendation of the county board of park
commissioners, to adopt resolutions from time to time for the regulation
and orderly government of parks, parkways, recreational areas, county
lakes, roads, park drives and public grounds, and to prescribe fines and
penalties for the violation of the provisions of such resolutions.

     
History:   L. 1945, ch. 177, § 3; L. 1947, ch. 200, § 1; L.
1957, ch. 184, § 1; L. 1959, ch. 142, § 1; L. 1967, ch. 155, § 1; L.
1970, ch. 100, § 24; L. 1975, ch. 162, § 23; L. 1979, ch. 52, § 120;
L. 1989, ch. 118, § 171; July 1.