Printable Format12-101. Corporate powers; home rule of local affairs and government. Article 12, section 5 of the constitution of Kansas empowers cities to determine their local affairs and government by ordinance and enables the legislature to enact laws governing cities. Each city being a body corporate and politic, may among other powers —
First. Sue and be sued.
Second. Purchase or receive, by bequest or gift, and hold, real and personal property for the use of the city.
Third. Sell and convey any real or personal estate owned by the city, and make such order respecting the same as may be deemed conducive to the interests of the city, and to provide for the improvement, regulation and government of the same.
Fourth. Make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate or administrative powers.
Fifth. Have and use a corporate seal, and alter the same at pleasure.
Sixth. Exercise such other and further powers as may be conferred by the constitution or statutes of this state.
History: R.S. 1923, § 12-101; L. 1967, ch. 79, § 1; July 1.
Source or prior law:
G.S. 1868, ch. 18, art. 1, § 6; G.S. 1868, ch. 19, § 4; L. 1869, ch. 26, § 4; L. 1871, ch. 60, § 13; L. 1872, ch. 100, § 4; L. 1874, ch. 46, § 6; L. 1881, ch. 37, § 3; L. 1903, ch. 122, § 3; L. 1907, ch. 114, § 2.
Cross References to Related Sections:
Sale of surplus real estate acquired for streets, see 12-1656.
Uniformity of pesticide law, see 2-2480.
Contracts with other municipalities, see 12-2908.
Law Review and Bar Journal References:
"City Home Rule in Kansas," Wright W. Crummett, 9 W.L.J. 1, 21 (1969).
Home rule amendment to the Kansas constitution; in discussion of public employees labor unions, Richard R. Rock, 39 J.B.A.K. 119, 204 (1970).
"Legislation: Citizen Participation Via Media Referendum," Mark A. Meyerdirk, 15 W.L.J. 120, 130 (1976).
Attorney General's Opinions:
City land for park purposes; sales or exchanges. 83-146.
Acquisition and disposition of off-street parking facilities; use for other purposes. 84-82.
Cities and municipalities; powers and duties; conveying real property for use as federal prison site; home rule powers. 87-164.
Local health departments; home rule; name changes. 87-176.
Interlocal agreements; failure to file; status. 88-37.
Home rule; advisory elections. 88-153.
Cities' powers of home rule; corporations. 89-125.
Open public meeting defined; quorum change; recreation commission. 93-140.
Prohibition against certain local and private prisons. 94-27.
Initiative and referendum ordinances; bid procedure for sale of city-owned property to highest bidder. 95-42.
Enforcement of city fire protection codes by county fire district. 96-37.
City financial assistance to social service agencies that subscribe to religious tenants not violation of Kansas Constitution Bill of Rights, § 7. 97-10.
City may own shares in a limited liability company. 2017-5.
CASE ANNOTATIONS
1. Power of city to make contracts considered. City of Wyandotte v. Zeitz, 21 Kan. 649, 659.
2. Judgment against city on sidewalk bonds, section considered. City of Wyandotte v. Zeitz, 21 Kan. 649, 659.
3. Devise of lands; city may hold for prospecting for coal. Delaney v. City of Salina, 34 Kan. 532, 539, 9 P. 271.
4. City may obtain what it needs by any lawful means. Delaney v. City of Salina, 34 Kan. 532, 539, 9 P. 271.
5. Mandamus lies to compel official delivery of bonds under contract. Smalley v. Yates, Mayor, 36 Kan. 519, 524, 13 P. 845.
6. Contract for execution and delivery of bonds held enforceable. Smalley v. Yates, Mayor, 36 Kan. 519, 524, 13 P. 845.
7. Mayor and council have authority to purchase city hall site. City of Argentine v. The State, ex rel., 46 Kan. 430, 434, 26 P. 751.
8. Authority of city in buying and selling city property considered. City of Argentine v. The State, ex rel., 46 Kan. 430, 434, 26 P. 751.
9. Authority of city in contracting for building of sidewalks considered. City of Garden City v. Trigg, 57 Kan. 632, 634, 47 P. 524.
10. City may contract to pay for sidewalks from general fund. City of Garden City v. Trigg, 57 Kan. 632, 634, 47 P. 524.
11. City may consent to, or confess, judgment; such judgment valid. Smith v. The State, 64 Kan. 730, 733, 68 P. 641.
12. Section considered in determining jurisdiction over public utility; interurban railway. In re Wright, 102 Kan. 329, 331, 170 P. 28.
13. Power of city to contract with public utility considered. The State, ex rel., v. Gas Co., 88 Kan. 165, 127 P. 639. Affirmed: Wyandotte Gas Co. v. Kansas, 231 U.S. 622, 34 S. Ct. 226, 58 L. Ed. 404.
14. City cannot by contract divest itself of duties under franchise. The State, ex rel., v. Gas Co., 88 Kan. 165, 127 P. 639. Affirmed: Wyandotte Gas Co. v. Kansas, 231 U.S. 622, 34 S. Ct. 226, 58 L. Ed. 404.
15. City has capacity to sue and be sued. Breweries Co. v. Kansas City, 96 Kan. 731, 153 P. 523.
16. City may prosecute action to enjoin and abate liquor nuisance. Breweries Co. v. Kansas City, 96 Kan. 731, 153 P. 523.
17. Action to abate liquor nuisance brought in name of state. Breweries Co. v. Kansas City, 96 Kan. 731, 153 P. 523.
18. City may sue and be sued and hold property. Stevenson v. Shawnee County, 98 Kan. 671, 677, 159 P. 5.
19. City may handle and protect property as any other property owner. Stevenson v. Shawnee County, 98 Kan. 671, 677, 159 P. 5; Osborne County v. City of Osborne, 104 Kan. 671, 676, 180 P. 233.
20. City has capacity to sue and be sued. Breweries Co. v. Kansas City, 96 Kan. 731, 733, 153 P. 523.
21. City may prosecute action to enjoin and abate liquor nuisance. Breweries Co. v. Kansas City, 96 Kan. 731, 733, 153 P. 523.
22. Action to abate liquor nuisance brought in name of state. Breweries Co. v. Kansas City, 96 Kan. 731, 733, 153 P. 523.
23. Section considered in determining power of city to regulate streets. Desser v. City of Wichita, 96 Kan. 820, 822, 153 P. 1194.
24. City may not sell public squares dedicated by filing of plat. State, ex rel., v. City of Manhattan, 115 Kan. 794, 796, 225 P. 85.
25. City may assign agreement under which it is to supply electric current. Municipal Power Transmission Co. v. City of Lyndon, 127 Kan. 59, 67, 272 P. 158.
26. City is created primarily for purpose of local government. City of Mankato v. Jewell County Comm'rs, 125 Kan. 674, 676, 266 P. 96.
27. Act gives city no power to sublet municipal airport. State, ex rel., v. City of Coffeyville, 127 Kan. 663, 667, 274 P. 258.
28. Cities have only such authority as given by statute. Brown v. Arkansas City, 135 Kan. 453, 454, 11 P.2d 607.
29. Power to establish municipal light plant not conferred hereunder. Kansas Power Co. v. Fairbanks, Morse & Co., 142 Kan. 109, 112, 45 P.2d 872.
30. Cited in holding administrative contracts may be authorized by resolution. State, ex rel., v. City of Coffeyville, 138 Kan. 909, 912, 28 P.2d 1032.
31. City has power to license taxicabs; ordinance held valid. City of Wichita v. Home Cab Co., 141 Kan. 697, 700, 42 P.2d 972.
32. Land purchased for street; fee vests in county; city controls; reverter upon vacation. Miller-Carey Drilling Co. v. Shaffer, 144 Kan. 508, 514, 61 P.2d 1320.
33. City has implied power to pass ordinance changing name of streets. Brown v. City of Topeka, 146 Kan. 974, 977, 978, 74 P.2d 142.
34. Cited in holding ownership by city is test of tax exemption. City of Harper v. Fink, 148 Kan. 278, 281, 80 P.2d 1080.
35. Power of city to compromise judgments discussed and determined. State, ex rel., v. City of Pratt, 148 Kan. 885, 887, 888, 890, 85 P.2d 10.
36. Contract for sewage disposal between third-class city and second-class city upheld. City of North Newton v. Regier, 152 Kan. 434, 437, 103 P.2d 873.
37. Petition considered; injuries received in city hospital; order sustaining demurrer reversed. Stolp v. City of Arkansas City, 180 Kan. 197, 200, 303 P.2d 123.
38. Contract by city to convey real estate to school considered and upheld. State, ex rel., v. City of Liberal, 186 Kan. 694, 697, 698, 352 P.2d 7.
39. Section relates to corporate powers of a municipality rather than to the creation of liabilities against it. Welch v. City of Kansas City, 204 Kan. 765, 767, 465 P.2d 951.
40. Whether a municipality may be ordered to pay prejudgment interest examined. Edward Kraemer & Sons, Inc. v. City of Overland Park, 19 Kan. App. 2d 1087, 1093, 1096, 880 P.2d 789 (1994).
41. City has statutory power to enter into contracts. Cheek v. City of Edwardsville, Kan., 514 F. Supp. 2d 1220, 1233 (2007).
42. K.S.A. 12-101 and 12-2908 do not overrule the common-law principle that an elected governing body may not bind its successors to governmental policy decisions. City of Olathe v. City of Spring Hill, 316 Kan. 64, 71–72, 512 P.3d 723 (2022).