10-1101.
Definitions.
The following words, terms and phrases, when used in this act, shall have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
(a) "Municipality" means any county, township, city, municipal university, school district, community college, drainage district and any other taxing district or political subdivision of the state which is supported with tax funds.
(b) "Governing body" means the governing body of a municipality.
(c) "Person" means any person, partnership, association or corporation.
(d) "Claim" means any claim arising on contract express or implied, or a claim determined by final judgment, but shall not include claims arising from alleged tort or negligence on the part of the municipality.
History:
L. 1933, ch. 319, § 1; L. 1972, ch. 40, § 1; L. 1994, ch. 117, § 1; July 1.
Notes of Decisions
McCraw v. City of Merriam, 26 P.3d 689 (Kan. 2001).
· cites it 3× “A secondary issue is whether a violation of the Cash Basis Law, K.S.A. 10-1101 et seq., occurred under the facts of this case.”
McAlister v. City of Fairway, 212 P.3d 184 (Kan. 2009).
“At oral arguments, counsel for the City also confirmed the lease was subject to the cash-basis law under K.S.A. 10-1101 et seq. and could be cancelled annually under those provisions.”
Int'l Ass'n of Firefighters Local 1596 v. City of Lawrence, 798 P.2d 960 (Kan. Ct. App. 1990).
· cites it 2× “In the alternative, the City argued that even if the Memorandum was a contract, it was void because it violated the Kansas Cash Basis Law, K.S.A. 10-1101 et seq., and the Kansas Budget Law, K.”
State Ex Rel. Tomasic v. Unified Gov't of Wyandotte Cnty./Kansas City, 962 P.2d 543 (Kan. 1998).
“17, § 3(b)(1), by requiring certain sales tax revenues to be used to repay the STAR bonds, by obligating the Unified Government to issue full faith and credit bonds, and by committing future Unified Governments to make annual appropriations to repay both the STAR and TIF bonds.”
State ex rel. Hecht v. City of Topeka, 293 P.3d 713 (Kan. 2013).
· cites it 3× “(Schreib-Air), the helicopter dealer, was “invalid, void ab in-itio, and ultra vires” in violation of the Kansas cash-basis law, K.S.A. 10-1101 et seq. The -State also requested a writ of quo war-ranto stating that the City and the city manager acted without valid and lawful…”
Jayhawk Racing Props., LLC v. City of Topeka, 432 P.3d 678 (Kan. Ct. App. 2018).
“The City, in the alternative, contends that the Memorandum of Understanding violates the Kansas Cash-Basis Law, K.S.A. 10-1101 et seq. The Kansas Cash-Basis Law makes it unlawful "for the governing body of any municipality to create any indebtedness in excess of the amount of…”
Bd. of Cnty. Commissioners v. Rural High Sch. Dist. No. 4, 65 P.2d 574 (Kan. 1937).
· cites it 2× “” Section 10-1104 provides inter alia that “any person claiming to be a creditor of such municipality whose claim or demand is not shown upon such posted or published statement must present to the governing body a duly verified voucher covering the said claim or demand on or…”
Bd. of Cnty. Commissioners v. Lincoln Twp., 970 P.2d 54 (Kan. 1998).
“Lincoln Township asserts that Marshall County’s expenditure for the township’s road repair was unlawful because the township was prohibited by the Kansas Cash Basis Law, K.S.A. 10-1101 etseq., from expending funds or creating an indebtedness in excess of the amount of funds…”
— K.S.A. § 10-1101(a) — 1 case
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