73-407. The management and control of a county building shall be vested in a board of three trustees to be appointed by the county commissioners, and if a city building, shall be appointed by the mayor of the city. Such trustees shall be residents of the county or city wherein the building is located except that at least two of the trustees shall have seen service in the army, navy or marine corps of the United States in time of war. One trustee shall be appointed for one year, one trustee for two years and one trustee for three years, and thereafter each trustee shall be appointed for three years. Trustees shall serve without compensation and shall make annual reports and recommendations to the proper county and the city officials.
The expense of maintenance of the memorial shall be paid out of the general fund of the county or city, or out of a special fund. Counties or cities are authorized to make a levy upon all taxable tangible property in the county or city for such purpose 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 trustees shall have full authority to lease all or any part of the building for hire to any person or persons desiring to lease the same for a term not to exceed one year at a time and fix the rate and terms upon which the charge shall be made and collected therefor. The board of trustees of any such memorial in any city of the second class located in a county with a population of not less than 12,000 and not more than 15,000 and having an assessed tangible valuation of not less than $32,000,000 and not more than $35,000,000 is hereby authorized to lease all or any part of the memorial to the Kansas national guard for a term of not to exceed 10 years and to fix the rate and terms upon which the charge shall be made and collected therefor. The board of trustees of any such memorial in any city having a commission form of government, and a population of more than 150,000, shall have full authority to lease any suitable portion or portions of the building to any concessionaire desiring to lease the same, for a term of not to exceed 10 years, and to fix the rate and terms upon which the charge shall be made and collected therefor.
History: L. 1921, ch. 256, § 8; L. 1923, ch. 213, § 1; R.S. 1923, 73-407; L. 1925, ch. 247, § 1; L. 1929, ch. 252, § 1; L. 1947, ch. 391, § 1; L. 1965, ch. 432, § 1; L. 1969, ch. 364, § 1; L. 1970, ch. 69, § 20; L. 1979, ch. 52, § 189; L. 1999, ch. 154, § 45; May 27.
Source or Prior Law:
L. 1919, ch. 279, § 8.
Cross References to Related Sections:
Lease of auditorium by third-class city, see 15-1123.
Law Review and Bar Journal References:
"Fifteen Years of Home Rule in Kansas Municipalities," Murray E. Anderson, 16 W.L.J. 360, 367 (1977).
"Home Rule, A Primer," Michael R. Heim, 74 J.K.B.A. No. 1, 26 (2005).
CASE ANNOTATIONS
1. Legislative intention was to deny right to lease any part of building. Darby v. Otterman, 122 Kan. 603, 606, 252 P. 903.
2. Trustees have no power to lease whole or part of military memorials. State, ex rel., v. City of Independence, 123 Kan. 766, 256 P. 799.
3. City cannot conduct moving-picture shows for profit in building. State, ex rel., v. City of Hiawatha, 127 Kan. 183, 272 P. 113.
4. Contract for moving pictures in memorial building void. Robley v. Smith, 134 Kan. 220, 221, 222, 5 P.2d 1083.
5. Authority to lease memorial for commercial enterprise denied. Glen W. Dickinson Theaters v. Lambert, 136 Kan. 498, 500, 16 P.2d 515.
6. Cited in holding unaffected taxpayer cannot enjoin renting of memorial building. Rodenbeck v. Darby, 139 Kan. 759, 762, 33 P.2d 306.
7. Section not applicable uniformly to all cities so as to prevent exercise of home rule power. Claflin v. Walsh, 212 Kan. 1, 2, 3, 5, 6, 8, 9, 509 P.2d 1130.
8. Cited in holding code of procedure for municipal courts nonuniform and subject to cities' power of home rule. City of Junction City v. Griffin, 227 Kan. 332, 335, 607 P.2d 459.
9. Authority to opt out of nonuniform state law (arterial highway act, 68-580 et seq.) examined. Blevins v. Hiebert, 247 Kan. 1, 6, 795 P.2d 325 (1990).