Kansas Statutes Annotated

K.S.A. § 10-1113 (2026)

Creating indebtedness in excess of funds unlawful; exceptions

✓ current as of May 2026

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10-1113. Creating indebtedness in excess of funds unlawful; exceptions. Unless otherwise provided in this act, it shall be unlawful after May 1, 1933, for any member of any governing body of any municipality to knowingly vote for or in any manner aid or promote the passage or adoption of any order, motion, ordinance, resolution, legislation or other act of said governing body, creating an indebtedness in excess of the amount of funds actually on hand in the treasury of such municipality at the time for such purpose, or to knowingly vote for the drawing of any order, warrant or check, or other evidence of such indebtedness on the treasury of said municipality, in payment of any such indebtedness, in excess of the amount of funds actually on hand in the treasury at the time for such purpose. School districts and community junior colleges, may, however, issue cancelable purchase orders for school supplies and equipment, school buses, books purchased in conjunction with textbook rental programs and data processing equipment in advance of the budget year during which moneys will become available to pay for such purposes, but contracts for the purchase of such school supplies and equipment, books, buses and data processing equipment cannot be entered into except during the budget year in which moneys will become available for such purchases and risk of loss and title thereto shall not pass to the school district or community junior college prior to entering into such contracts. Issuance of such a cancelable purchase order shall not constitute an indebtedness within the meaning of K.S.A. 79-2935.

History: L. 1933, ch. 319, § 13; L. 1969, ch. 67, § 1; L. 1970, ch. 66, § 1; L. 1972, ch. 40, § 2; July 1.

Notes of Decisions

Cited in 7 cases, 1937–2001 · leading case: State Ex Rel. Tomasic v. Unified Gov't of Wyandotte Cnty./Kansas City, 962 P.2d 543 (Kan. 1998).

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State Ex Rel. Tomasic v. Unified Gov't of Wyandotte Cnty./Kansas City, 962 P.2d 543 (Kan. 1998). · cites it 4× “K.S.A. 10-1113. Contracts entered into by municipalities in violation of the Cash Basis Law are void.”

Int'l Ass'n of Firefighters Local 1596 v. City of Lawrence, 798 P.2d 960 (Kan. Ct. App. 1990). · cites it 3× “K.S.A. 10-1113. Any contract which violates the Cash Basis Law is void.”

McCraw v. City of Merriam, 26 P.3d 689 (Kan. 2001). · cites it 2× “McCraw further argues the contingency provision in the construction contract was not authorized by proper council vote and it was not, in addition, a stated contingency of the .bidding process. He points out that because the bonds were not authorized until after the council…”

Shouse v. Bd. of Cnty. Commissioners, 99 P.2d 779 (Kan. 1940). · cites it 3× “It is asserted that section 10-1113 of the cash-basis law only condemns an action “creating an indebtedness in excess,” etc.”

Unified Sch. Dist. No. 207 v. Northland Nat'l Bank, 887 P.2d 1138 (Kan. Ct. App. 1994). “K.S.A. 10-1113. In addition, a municipality can exceed the limitation on indebtedness where authorized by a vote of municipality electors, among other exceptions.”

Patterson v. Bd. of Cnty. Commissioners, 66 P.2d 400 (Kan. 1937). · cites it 2× “” Section 10-1113 reads: “Unless otherwise provided in this act, it shall be unlawful after May 1, 1933, for any member of any governing body of any municipality to knowingly vote for or in any manner aid or promote the passage or adoption of any order, motion, ordinance,…”

Gridley Rural High-Sch. Dist. No. 2 v. Bd. of Cnty. Commissioners, 95 P.2d 972 (Kan. 1939). “1935, 10-1101 to 10-1122, inclusive, and especially by virtue of sections 10-1113, 10-1114, 10-1115 .and 10-1119, any alleged action of the county superintendent of public instruction of Woodson county or of any other county official creating or purporting to create any…”

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