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§ 5. Cities' powers of home rule. (a) The legislature shall provide by general law, applicable to all cities, for the incorporation of cities and the methods by which city boundaries may be altered, cities may be merged or consolidated and cities may be dissolved: Provided, That existing laws on such subjects not applicable to all cities on the effective date of this amendment shall remain in effect until superseded by general law and such existing laws shall not be subject to charter ordinance.

(b) Cities are hereby empowered to determine their local affairs and government including the levying of taxes, excises, fees, charges and other exactions except when and as the levying of any tax, excise, fee, charge or other exaction is limited or prohibited by enactment of the legislature applicable uniformly to all cities of the same class: Provided, That the legislature may establish not to exceed four classes of cities for the purpose of imposing all such limitations or prohibitions. Cities shall exercise such determination by ordinance passed by the governing body with referendums only in such cases as prescribed by the legislature, subject only to enactments of the legislature of statewide concern applicable uniformly to all cities, to other enactments of the legislature applicable uniformly to all cities, to enactments of the legislature applicable uniformly to all cities of the same class limiting or prohibiting the levying of any tax, excise, fee, charge or other exaction and to enactments of the legislature prescribing limits of indebtedness. All enactments relating to cities now in effect or hereafter enacted and as later amended and until repealed shall govern cities except as cities shall exempt themselves by charter ordinances as herein provided for in subsection (c).

(c) (1) Any city may by charter ordinance elect in the manner prescribed in this section that the whole or any part of any enactment of the legislature applying to such city, other than enactments of statewide concern applicable uniformly to all cities, other enactments applicable uniformly to all cities, and enactments prescribing limits of indebtedness, shall not apply to such city.

(2) A charter ordinance is an ordinance which exempts a city from the whole or any part of any enactment of the legislature as referred to in this section and which may provide substitute and additional provisions on the same subject. Such charter ordinance shall be so titled, shall designate specifically the enactment of the legislature or part thereof made inapplicable to such city by the adoption of such ordinance and contain the substitute and additional provisions, if any, and shall require a two-thirds vote of the members-elect of the governing body of such city. Every charter ordinance shall be published once each week for two consecutive weeks in the official city newspaper or, if there is none, in a newspaper of general circulation in the city.

(3) No charter ordinance shall take effect until sixty days after its final publication. If within sixty days of its final publication a petition signed by a number of electors of the city equal to not less than ten percent of the number of electors who voted at the last preceding regular city election shall be filed in the office of the clerk of such city demanding that such ordinance be submitted to a vote of the electors, it shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon. An election, if called, shall be called within thirty days and held within ninety days after the filing of the petition. The governing body shall pass an ordinance calling the election and fixing the date, which ordinance shall be published once each week for three consecutive weeks in the official city newspaper or, if there be none, in a newspaper of general circulation in the city, and the election shall be conducted as elections for officers and by the officers handling such elections. The proposition shall be: 'Shall charter ordinance No. __________, entitled (title of ordinance) take effect?' The governing body may submit any charter ordinance to a referendum without petition by the same publication of the charter ordinance and the same publication of the ordinance calling the election as for ordinances upon petition and such charter ordinance shall then become effective when approved by a majority of the electors voting thereon. Each charter ordinance becoming effective shall be recorded by the clerk in a book maintained for that purpose with a statement of the manner of adoption and a certified copy shall be filed with the secretary of state, who shall keep an index of the same.

(4) Each charter ordinance enacted shall control and prevail over any prior or subsequent act of the governing body of the city and may be repealed or amended only by charter ordinance or by enactments of the legislature applicable to all cities.

(d) Powers and authority granted cities pursuant to this section shall be liberally construed for the purpose of giving to cities the largest measure of self-government.

(e) This amendment shall be effective on and after July 1, 1961.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 64; L. 1959, ch. 182, § 1; November 8, 1960.

Cross References to Related Sections:

Uniformity of pesticide law, see 2-2480.

Corporate powers generally, see 12-101.

Procedures for exercise of certain powers of taxation, see 12-137, 12-138.

Law Review and Bar Journal References:

Analyzed in article on home rule for Kansas cities, Albert B. Martin, 10 K.L.R. 501, passim (1962).

Municipal corporations, ordinances and state pre-emption, 11 K.L.R. 182, 183 (1962).

Mentioned as reducing need for special legislation for cities, Richard B. Dyson, 13 K.L.R. 103, 104 (1964).

Power of municipal corporation to enact a civil rights ordinance, Donald R. Hill, 4 W.L.J. 128, 140, 143 (1964).

Constitutional question raised by passage of 12-519 through 12-526, Robert F. Bennett, 36 J.B.A.K. 169, 171 (1967).

City Home Rule in Kansas, Wright W. Crummett, 9 W.L.J. 1, 5, 6, 9, 12, 14, 15, 16, 21 (1969).

Some Thoughts on Labor Unions and Public Employees in Kansas, Richard R. Rock, 39 J.B.A.K. 119, 204 (1970).

Ecological and Legal Aspects of Flood Plain Zoning, Clifford L. Bertholf, 20 K.L.R. 268, 271 (1971).

Subsection (b) cited in "New Community Development," John H. Gibson and Douglas G. Simms, 11 W.L.J. 227, 233 (1972).

State Control of Local Government in Kansas: Special Legislation and Home Rule, Barkley Clark, 20 K.L.R. 631, 654 (1972).

The taxing powers of municipal corporations, 22 K.L.R. 151 (1973).

Employment Discrimination in Kansas, 13 W.L.J. 511 (1974).

Judicial discrimination, insufficient to create constitutional issue, procedure for city-level referendums, 22 K.L.R. 654, 655 (1974).

Legislation: Citizen Participation via Media Referendum, Mark A. Meyerdirk, 15 W.L.J. 120, 130 (1976).

Municipal Corporations-Home Rule-City Ordinance Concerning Weapons Control is within the Scope of the Kansas Home Rule Amendment, 24 K.L.R. 421, 423, 424 (1976).

Fifteen Years of Home Rule in Kansas Municipalities, Murray E. Anderson, 16 W.L.J. 360, 361, 363, 364, 369, 370 (1977).

Home Rule and Environmental Regulation in Kansas, David E. Pierce, 26 K.L.R. 535 (1978).

Governmental Liability: The Kansas Tort Claims Act [or The King Can Do Wrong], John A. Hageman and Lee A. Johnson, 19 W.L.J. 260, 281 (1980).

The Kansas Public Employer-Employee Relations Law, Raymond Goetz, 28 K.L.R. 243, 247 (1980).

Liberalizing Kansas Real Property Tax Exemptions: The 1988 Legislation, Joan M. Bowen, 37 K.L.R. 597, 615, 639 (1989).

Cooperation By Contract: Interlocal Agreements, Theresa Marcel Nuckolls, 59 J.K.B.A. No. 3, 25, 26 (1990).

Municipal Corporations: Home Rule—The Power of Local Self-Government and the Effect of State Enabling Legislation [Blevins v. Hiebert, 247 Kan. 1, 795 P.2d 325 (1990)], Tonya L. O'Hern, 30 W.L.J. 554, 555, 558, 560, 563, 564 (1991).

Kansas Annexation Law: The Role of Service Plans, Michael M. Shultz, 40 K.L.R. 207, 224 (1991).

What is Eminent Domain and How Do You Do It? Claire K. McKurdy and Nina M. Thompson, 61 J.K.B.A. No. 9, 26 (1992); reprinted at 61 J.K.B.A. No. 10, 24 (1992).

Regulatory Takings after Lucas: The Kansas Nuisance Exception, Stephen P. Chinn and Neil R. Shortlidge, 62 J.K.B.A. No. 9, 28, 35 (1993).

Dolan v. City of Tigard: Kansas Local Governments Beware—The Supreme Court Further Restricts the Authority of Municipalities to Condition Development Approval, Stephen P. Chinn, Neil R. Shortlidge & N. Cason Boudreau, 64 J.K.B.A. No. 9, 30, 37 (1995).

Should There Be Home Rule for Kansas School Districts? Charles Benjamin, 5 Kan. J.L. & Pub. Pol'y, No. 3, 175, 176, 183 (1996).

Home Rule Power for Cities and Counties in Kansas, Michael R. Heim, 66 J.K.B.A. No. 1, 26 (1997).

Protecting Group Homes for the Non-Handicapped: Zoning in the Post-Edmonds Era, Michael J. Davis and Karen L. Gaus, 46 K.L.R. 777 (1998).

Home Rule in a Nutshell, Sandra Craig McKenzie, 48 K.L.R. 1005 (2000).

Annexation in Kansas, Robert W. Parnacott, 70 J.K.B.A. No. 10, 28 (2001).

Home Rule, A Primer, Michael R. Heim, 74 J.K.B.A. No. 1, 26 (2005).

Kansas Property Tax Appeals: An Adversarial System Without Adversaries, Gage A. Rohlf, 49 W.L.J. 871 (2010).

Attorney General's Opinions:

Cities; employees; grievance procedures. 79-45.

Cities and municipalities; ordinances; payment of utility bills. 79-80.

Cities, second class; home rule powers; police and fire commission. 79-81.

Public improvements; exercise of home rule power. 79-102.

Appointment of public officers; cities; misconduct. 79-109.

General provisions; home rule powers. 79-113.

County commissioners; referendum on the question of imposing a tax. 79-144.

Open public meetings; secret balloting. 79-167.

Listing property for taxation; place of listing. 79-185.

Cities of the first class; board of commissioners; organization of departments. 79-281.

Uniform act regulating traffic and highways; operation of snowmobiles on city streets. 79-307.

Schools; buildings; compliance with municipal zoning and building code requirements. 80-14.

Cities and municipalities; corporate powers; purchase and sale of real estate. 80-19.

Cities and municipalities; general powers; waiver and remission of penalties fixed by ordinance. 80-49.

Cities and municipalities; planning and zoning; salaries or expenses for commission members. 80-120.

Cities of the third class; qualifications of officers; appointment of residents to city offices. 80-125.

Elections; recall of elected officials; grounds for recall. 80-142.

Cities of the second class; powers of the mayor; removing police from mayor's control. 80-166.

Prohibited acts and penalties; consumption of alcoholic liquor in public places. 80-180.

Legislative article; uniform operation of laws of a general nature. 80-199.

Cities' power of home rule; liability of property owner for unpaid water bills. 80-215.

Cities of the third class; election of officers; division of city into wards by charter ordinance. 80-224.

Public improvements; exercise of home rule power. 80-229.

Home rule powers; charter ordinances. 80-238.

Cereal malt beverages; fees for retailers' licenses. 81-19.

Elections; sufficiency of petitions; sufficiency of petitions demanding election on charter ordinance. 81-71.

Crimes and punishments; miscellaneous offenses; unauthorized wrestling; local governments' power to regulate. 81-75.

Cities and municipalities; public utilities; termination of water service for nonpayment of charges. 81-100.

Cities and municipalities; public utilities; termination of water service for nonpayment of charges. 81-121.

Home rule powers; imposition of city occupation tax upon attorneys. 81-124.

Cities; public utilities; formation of limited partnership to construct wind turbine system. 81-160.

Administration; state capital improvement projects not subject to municipal building codes. 81-203.

Schools; boards of education; organization, powers, finances; expending public funds for lobbying on proposed severance tax. 81-216.

Cities of the second class; elections; elective and appointive officers; terms. 81-219.

Public recreation; recreation commission; city treasurer as ex officio treasurer thereof. 81-248.

Ordinances of cities; applicability of initiative and referendum ordinances to flood control. 81-252.

Cementing surface pipe; avoidance of water pollution; criminal penalties for nonobservance. 82-12.

Ambulance service; city ambulance service within county. 82-15.

Home rule powers; charter ordinances. 82-17.

Misdemeanors and nuisances; city ordinance prohibiting transportation of open containers of alcoholic liquor. 82-19.

County and city retailers' sales taxes; procedure for adoption. 82-29.

Cities, first class; waterworks department; waterworks board in cities having military reservation adjacent thereto. 82-48.

State library; distribution of grants-in-aid; eligibility of local public libraries. 82-63.

Cities and municipalities; cemeteries; power of city to acquire cemetery and adjoining land. 82-102.

Cities of the third class; public utilities; disposition of proceeds from sale of municipal utility. 82-108.

Intoxicating liquors and beverages; prohibited acts and penalties; consumption of alcoholic beverages on public property. 82-116.

Code of procedure for municipal courts; costs; home rule powers. 82-161.

Sale of firearms found and unclaimed or used as evidence in municipal court; disposition of proceeds. 82-168.

Revenue bonds; annual audit of municipal utilities. 82-206.

City manager plan; governing board under commission-manager plan. 82-217.

Townships and township officers; miscellaneous provisions; cities of first and second class excluded from townships. 82-242.

Home rule powers; charter ordinances. 82-267.

Home rule powers; charter ordinances. 82-277.

Open meetings act; changing of quorum requirements. 83-6.

Certain prohibited acts and penalties; consumption of alcoholic liquor in public places prohibited. 83-30.

Home rule; exercise of authority through ordinance; effect of resolution. 83-64.

Code for municipal courts; general provisions; municipal court; jurisdiction. 83-79.

Oil and gas; leases and liens; lease of lands by municipal corporations. 83-90.

Cities, second class; powers and duties of mayor; powers of mayor. 83-121.

Corporations; municipal home rule powers; appearance bonds. 83-137.

Cities and municipalities; parks, public squares, market squares; land for park purposes; sales or exchanges. 83-146.

Cities; home rule; authority to hold nonbinding advisory elections. 83-177.

Code for municipal courts; powers and duties; contempt powers. 84-1.

Cereal malt beverages; qualifications for retailer's license; conviction of driving under the influence of alcohol includes participation in diversion program. 84-21.

Cities and municipalities; general provisions; adoption or abandonment of forms of city government. 84-60.

Cities and municipalities; buildings, structures and grounds; acquisition or construction of public buildings; tax levy. 84-76.

Cities and municipalities; general provisions; corporate powers. 84-82.

Corporations; cities' powers of home rule. 84-116.

Cities and municipalities; planning and zoning; board of zoning appeals; membership. 85-10.

Elections; city elections; time of primary elections; uniformity of statute. 85-20.

Cities of the third class; election, appointment and removal of officers; qualifications of officers; qualified elector; provision nonuniform. 85-25.

Cities and municipalities; buildings, structures and grounds; issuance of revenue bonds by counties. 85-28.

Counties and county officers; planning and zoning; regulations inapplicable to agricultural purposes; home rule authority. 85-39.

Corporations; cities power of home rule; payment of attorney fees incurred by city official in defending a criminal action. 85-42.

Intoxicating liquors and beverages; licensing and related provisions; classes of persons to whom licenses not issued; conviction of violation of intoxicating liquor laws. 85-44.

Municipal airfields and airports; issuance of bonds following election. 85-46.

Registration of vehicles; all-terrain vehicles; operation. 85-63.

County and city retailers' sales taxes; other city and county excise taxes prohibited. 85-86.

City ordinances; validity of local preference legislation. 85-121.

Public recreation and playgrounds; petition; election. 85-142.

Charter ordinance must designate specifically the statutes made inapplicable to city. 85-145.

Public building commission; elections; cities power of home rule. 85-152.

Municipal court; place of courtroom. 85-176.

Home rule powers; charter resolution election; use of mail ballot. 86-49.

Clerk of district court; exemption from limitations imposed by county home rule powers. 86-55.

Cities powers of home rule; human relations commission. 86-90.

Fire safety and prevention; school buildings. 87-9.

Under home rule powers, city may make grant to county fair association to develop parimutuel racing. 87-52.

Cities issuance of special obligation bonds is valid exercise of home rule powers. 87-56.

Cities issuance of bonds for motor sports raceway park valid exercise of home rule powers. 87-57.

City may sublease public park land for construction and maintenance of a public golf course. 87-88.

Watershed districts; general powers and duties of district; use of watershed district funds. 87-99.

Cities; powers of home rule. 87-120.

Cities' power of home rule; authority to abate or defer special assessments levied under K.S.A. 12-6a01 et seq. 87-131.

County commissioners; home rule powers; authority to raise quorum requirements. 87-132.

Cities and municipalities; general provisions; countywide and city retailers' sales taxes; proceeds as guarantee for payment of bonds. 87-185.

Countywide and city retailers' sales taxes; procedure for imposition; election required; continuation in effect of certain taxes. 88-7.

Cities and municipalities; interlocal cooperation; general interlocal agreements by public agencies; filing. 88-37.

Cities and municipalities; local residential housing; mortgage credit certificate program. 88-46.

Intoxicating liquors and beverages; certain prohibited acts and penalties; sale at retail; forbidden on certain days. 88-56.

Ordinances of cities; subject and title of ordinance. 88-58.

Cities' powers of home rule. 88-83.

Cities' powers of home rule. 88-92.

Cities' powers of home rule; cash grants to new or expanding businesses. 88-122.

Cities' authority to regulate oil well drilling within city limits. 88-132.

Home rule; advisory elections. 88-153.

Qualifications for liquor license; municipal corporations. 89-36.

Home rule; mayor-council-city manager form of government; filling council vacancy. 89-53.

Kansas Constitution; corporations; cities' powers of home rule. 89-60.

Municipal judge; appointment; qualifications. 89-71.

Cities' powers of home rule; corporations. 89-125.

City, county and township libraries; home rule powers. 89-133.

Public building commission; cities' home rule powers. 89-139.

City's authority to levy property taxes to replace intangibles tax. 90-74.

Aggregate tax levy limitations; procedure for exemption; effect of 1990 amendments on prior exemption. 90-97.

Cities' home rule powers; regulation of abortion. 90-107.

Kansas open meetings act; executive sessions; applicability; persons entitled to attend; actions taken. 91-31.

Regulation of fireworks; rules and regulations; procedures; state action exemption from federal anti-trust laws. 91-48.

Cities' home rule powers; general improvement and assessment law. 91-56.

City election to permit or prohibit sale of liquor by the drink; city's authority to prevent licensure thereof. 91-91.

General bond law; local legislative powers; issuance of bonds. 91-144.

Cities' home rule powers; limitations on certain tax levies in cities between 60,000 and 130,000. 91-159.

Motor vehicle drivers' license act; restricted licenses; persons aged 14-16. 92-22.

Joint city-county board of health; agreement; ability of city to fund county board of health. 92-62.

City's ability to exempt itself from certain annual audits. 92-93.

City initiative election on levying tax or other revenue measure. 92-103.

City commission-city manager form of government; commissioners' qualifications; terms; home rule. 93-24.

City hospitals; home rule powers; charter ordinances. 93-49.

Emergency telephone services; cellular telephones; county home rule power. 93-65.

Adoption or abandonment of forms of city government statutes not applicable to certain cities. 93-83.

Cities' powers to legislate licensure and sale of liquor by the drink. 93-147.

Tax levied by charter ordinance is subject to limitations of tax lid law. 93-153.

Code for municipal courts; fire department personnel; prosecution and arrest; cities' powers of home rule. 94-23.

Home rule; charter ordinance; submission for vote by electors. 94-80.

Requirements for petitions for city; petition for proposed initiative and referendum ordinances. 94-95.

Home rule; charter ordinances; necessity of elections. 94-103.

Disorderly election conduct; advisory elections; assistance of county election officer; home rule. 94-106.

Initiative and referendum statute may not be used to submit a charter ordinance to the electorate. 94-108.

Change in classification from third-class city to second-class city; effective date of change. 94-147.

Cities over 200,000; issuance of bonds for public improvements; home rule authority. 95-52.

Reimbursement of travel expenses for members of planning commission is not compensation. 96-16.

Dissolution of city of first class; residents have no present authority. 97-3.

County-city consolidation; legislative authority; delegation and guidelines. 97-21.

Motor vehicle registration statutes and safety equipment statutes are uniformly applicable to all cities; registration of golf carts. 97-78.

Ordinance requiring two forms of identification for service of alcohol in club or drinking establishment; exercise of city home rule. 98-18.

Charter ordinance allowing appointment of former commissioner as city manager; abrogation of common law prohibition. 1998-46.

City home rule; authority to prohibit business of pawnbrokers. 1999-7.

City cannot rent city equipment to private individuals for private use. 2000-25.

Municipal water utility; city may require residents to connect to system. 2000-38.

Local legislation to prohibit "ticket scalping." 2000-55.

Topeka housing authority is liable for negligence of its employees; city not liable under theory of respondeat superior. 2001-25.

Procedure to dissolve city of third class. 2001-50.

County may charter out of provisions of consolidated law enforcement act, but with limitation. 2003-9.

City required to use county owned waste disposal facility; withdrawn and supplanted by 2003-16A. 2003-16.

City not required to use county waste disposal facility if it's ordinances provide otherwise. 2003-16A.

2005 legislative proposal to consolidate Shawnee county and city of Topeka does not violate city's home rule powers; townships would continue to exist. 2005-17.

Mayor is member of governing body for purposes of 2/3 voting requirement for passage of charter ordinance. 2005-18.

City's home rule power; domestic partnership registry. 2007-9.

Proposed ordinance banning casino and prohibiting city services to casino is not proper subject for initiative and referendum. 2007-42.

Expanded lottery act does not require applicant to provide endorsement resolution or planning and zoning approval when application filed. 2008-5.

Joint recreation commission has authority to enter into agreement with private organization for recreational programming; limitations. 2009-3.

Meaning of "last preceding regular city election" in determining whether a petition has a sufficient number of signatures. 2009-17.

A city may exercise home rule authority to terminate rather than amend an existing development project under certain circumstances. 2011-1.

City exceeds home rule powers by adopting an ordinance that is preempted because it conflicts with a uniform state criminal statute. 2015-4.

Home rule authority permits exemption by charter ordinance from the requirement in K.S.A. 12-1651 that second and third class cities designate official city newspaper as such statute does not uniformly apply to all cities. 2023-005.

CASE ANNOTATIONS

1. Act providing for change of boundaries of cities held constitutional. Town Co. v. City of Smith Center, 6 Kan. App. 252, 51 P. 801.

2. Bonds for developing coal and natural gas held invalid. Vail v. Attica, 8 Kan. App. 668, 57 P. 137.

3. Law providing street improvement must contain restrictions to prevent abuses. Hines v. City of Leavenworth, 3 Kan. 186, 197.

4. Section regulates general grant of power; laws must be general. Atchison v. Bartholow, 4 Kan. 124, 147.

5. Where word "taxes" used, "assessments or special taxes" not included. Paine v. Spratley, 5 Kan. 525, 546.

6. Special act attempting to extend corporate limits cannot authorize taxes. City of Wyandotte v. Wood, 5 Kan. 603.

7. Does not authorize cities to contract debts for internal improvements. Leavenworth County v. Miller, 7 Kan. 479, 497.

8. Statutes authorizing cities to issue bonds aiding railroads held valid. The State, ex rel., v. Nemaha County, 7 Kan. 542.

9. Act authorizing city to levy tax aiding private enterprise void. National Bank v. City of Iola, 9 Kan. 689, 696.

10. Law authorizing relevy in case of insufficient levy held valid. City of Emporia v. Norton, 13 Kan. 569, 570, 584.

11. Ordinance prescribing license taxes discussed, held not wholly void. McGrath v. City of Newton, 29 Kan. 364.

12. Special act excluding property from corporate limits of city void. Gray v. Crockett, 30 Kan. 138, 147, 1 P. 50.

13. Restrictions upon second-class cities sufficient to uphold license taxes. City of Newton v. Atchison, 31 Kan. 151, 1 P. 288.

14. License tax violating restriction of charter or statute void. City of Lyons v. Cooper, 39 Kan. 324, 327, 18 P. 296.

15. Curative statutes applying to all cities of a class valid. Manley v. Emlen, 46 Kan. 655, 665, 27 P. 844.

16. Act authorizing county commissioners to build bridge in city void. Comm'rs of Shawnee Co. v. The State, ex rel., 49 Kan. 486, 31 P. 149.

17. County liable for improvement of street in front of courthouse. Comm'rs of Franklin Co. v. City of Ottawa, 49 Kan. 747, 753, 31 P. 788.

18. Act authorizing county commissioners to build bridge within city valid. The State, ex rel., v. Shawnee Co., 57 Kan. 267, 269, 272, 45 P. 616.

19. Special act for control of police of Kansas City invalid. The State v. Downs, 60 Kan. 788, 57 P. 962.

20. Vacating additions; part of act special; whole act declared void. Conklin v. Hutchinson, 65 Kan. 582, 70 P. 587.

21. Completed proceedings enlarging corporate limits cannot be questioned collaterally. Topeka v. Dwyer, 70 Kan. 244, 249, 78 P. 417.

22. Act relating to cities, prohibiting sale of intoxicating liquors, valid. Stahl v. Lee, 71 Kan. 511, 519, 80 P. 983.

23. Organization and existence of city not open to collateral attack; special act attempting to vacate part of city held void. Levitt v. Wilson, 72 Kan. 160, 162, 83 P. 397.

24. Boundaries of city cannot be changed by special act. Davenport v. Ham, 72 Kan. 179, 83 P. 398.

25. Act applying to all cities and containing restrictions held valid. Belleville v. Wells, 74 Kan. 823, 827, 88 P. 47.

26. Implied restrictions on legislative power discussed. Wulf v. Kansas City, 77 Kan. 358, 362, 94 P. 207.

27. This and section 1 only restraints on regulating municipal government. The State v. Keener, 78 Kan. 649, 651, 97 P. 860.

28. This section discussed relative to issue of bonds for university. The State v. Lawrence, 79 Kan. 234, 245, 100 P. 485.

29. Act empowering cities to adopt commission plan of government valid. Cole v. Dorr, 80 Kan. 251, 253, 101 P. 1016.

30. Acts changing city boundaries, held valid; doctrine of stare decisis. Bull v. Kelley, 83 Kan. 597, 112 P. 133.

31. Act authorizing county commissioners to maintain bridges, held permissive only. The State v. Franklin County, 84 Kan. 404, 406, 114 P. 247.

32. Holding elections in city, governmental functions, expenses not "contracting debts." The State, ex rel., v. City of Hutchinson, 93 Kan. 405, 408, 412, 144 F. 241.

33. This section adds nothing to general grant under Article 2, § 1. Desser v. City of Wichita, 96 Kan. 820, 822, 153 P. 1194.

34. Occupation tax on sale of cider unreasonable, void. Scriven v. City of Lebanon, 99 Kan. 602, 604, 607, 162 P. 307.

35. Statute authorizing "city manager plan" held constitutional. The State, ex rel., v. City of Wichita, 100 Kan. 399, 403, 164 P. 290.

36. Authority granted cities of first class over streets held valid. Rohr v. City of Leavenworth, 101 Kan. 222, 165 P. 823.

37. Municipal corporations, having no constitutional powers, restricted to legislative grant. Water, Light & Gas Co. v. City of Hutchinson, 144 F. 256. Affirmed: 207 U.S. 385, 28 S. Ct. 135, 52 L.Ed. 257.

38. General law applicable to only one city held constitutional. Metropolitan Water Co. v. Kansas City, 164 F. 738.

39. Authority to contract debts must be restricted. Citizens' Savings and Loan Association v. Topeka, 87 U.S. 655, 22 L.Ed. 455. Affirming: Fed. Cas. No. 2,734.

40. Section cited in determining right to appeal from judicial questions in proceedings for incorporation. Town of Olsburg v. Pottawatomie County, 113 Kan. 501, 215 P. 451.

41. Section considered in determining power to confer upon judiciary authority to entertain petition to increase city limits. Ruland v. City of Augusta, 120 Kan. 42, 50, 242 P. 456.

42. Dissenting opinion declares ordinance classifying and licensing nonresidents by themselves violates section. In re Irish, 121 Kan. 72, 75, 250 P. 1056.

43. Drainage district is a quasi-municipal corporation. State, ex rel., v. Drainage District, 123 Kan. 191, 254 P. 372.

44. Special act altering corporate limits is void. Wellman v. City of Burr Oak, 124 Kan. 780, 262 P. 607.

45. Statute authorizing cities of certain population to issue tax bills is valid. State, ex rel., v. Kansas City, 125 Kan. 88, 262 P. 1032.

46. Cities are created primarily for purpose of local government. City of Mankato v. Jewell County Comm'rs, 125 Kan. 674, 266 P. 96.

47. Section not violated by method of classifying cities for providing traffic streets, and imposing costs. Baird v. City of Wichita, 128 Kan. 100, 276 P. 77.

48. Board of public utilities act does not violate section. State, ex rel., v. McCombs, 129 Kan. 834, 839, 284 P. 618.

49. Baker's license discriminating against non-resident of city held unconstitutional. Hair v. City of Humboldt, 133 Kan. 67, 69, 299 P. 268.

50. Main arterial trafficways act held constitutional. Taneyhill v. Kansas City, 133 Kan. 725, 727, 3 P.2d 645.

51. Act for improvement of Kansas City wharf held valid. State, ex rel., v. Kansas City, 140 Kan. 471, 476, 37 P.2d 18.

52. Legislature, not courts, determines sufficiency of restrictions hereunder. State, ex rel., v. Kansas City, 148 Kan. 623, 624, 84 P.2d 409; 149 Kan. 252, 253, 255, 86 P.2d 476.

53. Food-inspection ordinance held violative of both federal and state constitutions. McCulley v. City of Wichita, 151 Kan. 214, 216, 98 P.2d 192.

54. City ordinance licensing only operators of four or more vending machines invalid; arbitrary classification. Matheny v. City of Hutchinson, 154 Kan. 682, 683, 121 P.2d 227.

55. Term "abuse of power" construed; admonition to Legislature, section not violated. Lewis v. City of South Hutchinson, 162 Kan. 104, 110, 118, 119, 174 P.2d 51.

56. City must have statutory authority to extend its boundaries. State, ex rel., v. City of Kansas City, 169 Kan. 702, 721, 222 P.2d 714.

57. Discussed; city exceeded authority granted it under K.S.A. 68-706. Johnston v. City of Coffeyville, 175 Kan. 357, 360, 264 P.2d 474.

58. Operation of city hospital proprietary function. Stolp v. City of Arkansas City, 180 Kan. 197, 200, 303 P.2d 123.

59. Act authorizing city to extend its credit for promotion of private industry (K.S.A. 12-1740 through 12-1749) does not violate section. State, ex rel., v. City of Pittsburg, 188 Kan. 612, 615, 616, 617, 618, 622, 364 P.2d 71.

60. Law prior to adoption of this section applied by stipulation. Coronado Development Co. v. City of McPherson, 189 Kan. 174, 176, 368 P.2d 51.

61. Redevelopment act alleged to be a special act conferring corporate powers; held general act could be made applicable, therefore unconstitutional. Redevelopment Authority of the City of Kansas City v. State Corp. Comm., 171 Kan. 581, 583, 236 P.2d 782.

62. City occupational tax held constitutional. Hampton v. City of Wichita, 192 Kan. 534, 535, 536, 537, 389 P.2d 757.

63. K.S.A. 65-739 does not violate Kansas Constitution. Sunflower Tip Top Dairies v. City of Junction City, 192 Kan. 568, 571, 389 P.2d 845.

64. Governing body may establish office and working hours for offices and employees. Whitmer v. House, 198 Kan. 629, 632, 426 P.2d 100.

65. Cited in discussing an action to recover funds for the benefit of a city. Fransham v. McDowell, 202 Kan. 604, 609, 451 P.2d 131.

66. Section does not change doctrine of governmental immunity of cities; cities remain agents of the sovereign state. Gardner v. McDowell, 202 Kan. 705, 708, 709, 451 P.2d 501.

67. Ordinance prohibiting huckstering and peddling invalid. Delight Wholesale v. City of Overland Park, 203 Kan. 99, 102, 106, 453 P.2d 82.

68. Ordinance regulating cable television held unreasonable and void. Community Antenna TV of Wichita, Inc. v. City of Wichita, 205 Kan. 537, 541, 543, 471 P.2d 360.

69. City ordinance not in conflict with state statute. Leavenworth Club Owners Assn. v. Atchison, 208 Kan. 318, 320, 492 P.2d 183.

70. Discussed in holding cable television franchising ordinance void; home rule powers are to be strictly construed. Capitol Cable, Inc. v. City of Topeka, 209 Kan. 152, 159, 160, 495 P.2d 885.

71. Subsection (b) cited in dissent; home rule amendment precludes ordinances in fields occupied by general legislation. City of Lyons v. Suttle, 209 Kan. 735, 746, 498 P.2d 9.

72. Power of cities to levy taxes, excises, fees or other exactions discussed; occupational tax imposed by city upheld. Callaway v. City of Overland Park, 211 Kan. 646, 648, 508 P.2d 902.

73. Subsection (c) construed; all statutes relating to same subject are in pari materia and must be construed together to determine whether legislative intent that uniform applicability is clearly evident. Claflin v. Walsh, 212 Kan. 1, 2, 3, 6, 7, 8, 509 P.2d 1130.

74. Mentioned in upholding authorization of governor to issue reorganization orders; similar limitations upon exercise of both powers. Van Sickle v. Shanahan, 212 Kan. 426, 451, 511 P.2d 223.

75. Human relations ordinance legitimate exercise of city's police power; civil rights in employment areas not preempted from local action. Hutchinson Human Relations Comm. v. Midland Credit Management, Inc., 213 Kan. 308, 313, 314, 322, 323, 517 P.2d 158.

76. Home rule power of cities not absolute; subject to power of Legislature in certain areas; sewer service charge statutes (12-630 et seq.) applicable to all cities of same class. Jennings v. Walsh, 214 Kan. 398, 401, 521 P.2d 311.

77. Ordinance providing for revocation of sign permit at will of commissioners not unconstitutional; revocation not arbitrary. Restaurants of Wichita, Inc. v. City of Wichita, 215 Kan. 636, 639, 527 P.2d 969.

78. General annexation law (12-519 et seq.) not unconstitutional severance of K.S.A. 12-525. State, ex rel., v. City of Overland Park, 215 Kan. 700, 704, 705, 706, 711, 527 P.2d 1340.

79. City ordinance concerning carrying of weapons not in conflict with state statute; ordinance upheld. City of Junction City v. Lee, 216 Kan. 495, 498, 504, 532 P.2d 1292.

80. Applied; ordinance regulating private clubs not in conflict with statute; valid. Garten Enterprises, Inc. v. City of Kansas City, 219 Kan. 620, 626, 549 P.2d 864.

81. Code of procedure for municipal courts is exempt from home rule provisions; city ordinance void; conviction reversed. City of Junction City v. Griffin, 226 Kan. 516, 517, 601 P.2d 684. Opinion withdrawn on rehearing. Code held nonuniform and subject to charter ordinance; no explicit preemption by Legislature to reserve jurisdiction. City of Junction City v. Griffin, 227 Kan. 332, 607 P.2d 459.

82. Ordinance imposing city sales tax upheld; authority not limited or prohibited hereunder. Clark v. City of Overland Park, 226 Kan. 609, 614, 617, 602 P.2d 1292.

83. Board of regents held not subject to building code ordinances of Kansas City for construction at K.U. medical center. State ex rel. Schneider v. City of Kansas City, 228 Kan. 25, 28, 29, 31, 612 P.2d 578.

84. City action may go beyond state legislation so long as there is no conflict therewith and state has not preempted field. Andersen Construction Co. v. City of Topeka, 228 Kan. 73, 79, 612 P.2d 595.

85. A city has no standing to challenge the annexation procedures of another city. City of Lenexa v. City of Olathe, 228 Kan. 773, 620 P.2d 1153.

86. Legislature vested with full power and authority over alteration of city boundaries by annexation. City of Lenexa v. City of Olathe, 229 Kan. 391, 625 P.2d 423.

87. Board of county commissioners lacks standing to challenge appeal procedure under K.S.A. 19-223 as violative of due process rights of owners of land sought to be annexed by city. Board of Johnson County Commissioners v. City of Lenexa, 230 Kan. 632, 634, 641, 640 P.2d 1212 (1982).

88. Home rule power discussed; city ordinance requiring approval of planning commission approved subdivision plat in conflict with K.S.A. 12-705b and invalid. Moore v. City of Lawrence, 232 Kan. 353, 356, 654 P.2d 445 (1982).

89. Powers of municipalities limited with regard to matters outside sphere of local affairs and government. Capital Electric Line Builders, Inc. v. Lennen, 232 Kan. 652, 653, 658 P.2d 365 (1983).

90. Statute prohibiting annexation of military reservation does not violate uniform application provision. Board of Riley County Comm'rs v. City of Junction City, 233 Kan. 947, 956, 959, 667 P.2d 868 (1983).

91. Official city newspaper not required to be designated by ordinance. Cook v. City of Enterprise, 233 Kan. 1039, 1041, 666 P.2d 1197 (1983).

92. Home rule amendment does not provide for county home rule; such authority is dependent on legislation (K.S.A. 19-101 et seq.) State ex rel. Stephan v. Board of Lyon County Comm'rs, 234 Kan. 732, 736, 676 P.2d 134 (1984).

93. Cited in upholding constitutionality of Thomas county hospital assets transfer act (K.S.A. 19-18,133, 19-18,134). Ullrich v. Board of Thomas County Comm'rs, 234 Kan. 782, 787, 676 P.2d 127 (1984).

94. Industrial revenue bond 10-year tax exemptions (K.S.A. 79-201a Second) and payments in lieu of taxes (K.S.A. 12-1742) are matters of local concern. State ex rel. Tomasic v. City of Kansas City, 237 Kan. 572, 585, 701 P.2d 1314 (1985).

95. Cited; statute authorizing intangibles tax (12-1,101) not unauthorized delegation of legislative authority. Cogswell v. Sherman County, 238 Kan. 438, 440, 441, 710 P.2d 1331 (1985).

96. Requirement of unanimous vote of county board for incorporation of additional city under K.S.A. 15-123 constitutional. In re Application for Incorporation as City, 241 Kan. 396, 398, 736 P.2d 875 (1987).

97. Cited; methods for determining population to meet requirements as city of second class (14-101) examined. Bockhaus v. City of Halstead, 242 Kan. 504, 505, 748 P.2d 870 (1988).

98. Authority to opt out of nonuniform state law (arterial highway act, K.S.A. 68-580 et seq.) examined. Blevins v. Hiebert, 247 Kan. 1, 795 P.2d 325 (1990).

99. Home rule ordinance governing selection of city officers examined; city council position held not a protected property or liberty interest. Edgington v. City of Overland Park, 15 Kan. App. 2d 721, 815 P.2d 1116 (1991).

100. "Fuel flowage fee" imposed on aviation fuel transported onto city-county airport held to be a tax prohibited by uniform application of K.S.A. 79-3424; home rule powers considered. Executive Aircraft Consulting, Inc. v. City of Newton, 252 Kan. 421, 423, 425, 845 P.2d 57 (1993).

101. Whether water district seeking special use permit to municipal zoning ordinance is preempted by state water treatment regulations examined. Johnson County Water Dist. No. 1 v. City of Kansas City, 255 Kan. 183, 192, 871 P.2d 1256 (1994).

102. Whether Kansas water pollution act (12-3101 et seq.) is uniformly applicable to all cities examined. City of Wichita v. Kansas Taxpayers Network, Inc., 255 Kan. 534, 536, 874 P.2d 667 (1994).

103. Whether city had authority under home rule to enact improvement impact fee ordinance examined. McCarthy v. City of Leawood, 257 Kan. 566, 569, 894 P.2d 836 (1995).

104. City may not use home rule powers to assess a tax to allow telephone company to lay cable. City of Shawnee, Kan. v. AT&T Corp., 910 F. Supp. 1546, 1557 (1995).

105. Charter ordinance exempting city from K.S.A. 12-194 and ordinance imposing tax on platting of real property valid home rule exercises. Home Builders Ass'n v. City of Overland Park, 22 Kan. App. 2d 649, 655, 921 P.2d 234 (1996).

106. Section does not apply to statutes which consolidate a city and county under K.S.A. 12-340 et seq. State ex rel. Tomasic v. Unified Gov. of Wyandotte Co./Kansas City, 264 Kan. 293, 325, 955 P.2d 1136 (1998).

107. City did not exceed home rule powers by applying ordinance to dispute between state agency and employee. State ex rel. Franklin v. City of Topeka, 266 Kan. 385, 387, 969 P.2d 852 (1998).

108. Municipal rental property regulatory ordinances do not violate home rule provisions. Brooks v. Sauceda, 85 F. Supp. 2d 1115, 1129 (2000).

109. Club and drinking establishment act applies uniformly to all cities coming under act, city may not exempt itself out by charter ordinance. Bigs v. City of Wichita, Kansas, 271 Kan. 455, 23 P.3d 855 (2001).

110. City had authority to exempt from ban on Sunday liquor sales prohibition. State ex rel. Kline v. Board of Comm'rs of Unified Gov't of Wyandotte Co./KC, 277 Kan. 516, 277 P.3d 1237 (2004).

111. City ordinance regulating smoking is not preempted by state law and not unconstitutionally vague. Steffes v. City of Lawrence, 284 Kan. 380, 385, 386, 160 P.3d 843 (2007).

112. Charter ordinances discussed; Kansas code of procedure for municipal courts not uniformly applicable, city home rule upheld. Farha v. City of Wichita, 284 Kan. 507, 511, 512, 513, 161 P.3d 717 (2007).

113. Cited in opinion discussing annexation statutes; K.S.A. 12-520(c) held constitutional. Dillon Real Estate v. City of Topeka, 284 Kan. 662, 670, 671, 163 P.3d 298 (2007).