12-601: Cost of street improvements assessed against abutting owners.
Whenever any street or avenue in any city shall be graded, regraded,
paved, repaved, curbed, recurbed, guttered, reguttered, macadamized,
remacadamized, or otherwise improved, the cost of such improvement shall be
paid by and assessed to the property on each side of said street or avenue
to the middle of the block.
History: R.S. 1923, § 12-601; Dec. 27.
12-602: Resolution, protest, contract, levy and assessment for improvements.
Whenever the governing body of any city deems it necessary to
grade, regrade, pave, repave, curb, recurb, gutter, regutter,
macadamize, remacadamize or otherwise improve any street or avenue, or
any part thereof, for which a special tax is to be levied, as herein
provided, the governing body shall by resolution declare such work or
improvement necessary to be done. Such resolution shall be published once
each week for two consecutive weeks in the official city newspaper.
If the resident owners of more than 1/2 the property liable for the tax do not within
20 days from the last
publication file with the city clerk a protest against such
improvement, the governing body shall have power to cause such work to
be done or such improvement to be made, to contract therefor and to
levy taxes as herein provided.
Whenever a majority of the resident owners of real property liable for
the tax for the improvement in two or more adjacent blocks
petition the governing body to grade, regrade, pave, repave, curb,
recurb, gutter, regutter, macadamize, remacadamize or otherwise improve
a street or avenue, or any part thereof, the governing body shall cause
such work to be done or such
improvement to be made, shall contract therefor and shall levy
taxes for all such improvements as herein provided upon the property on
each side of the street or avenue to the middle of the block.
The sufficiency of a protest or petition filed hereunder, as to the ownership
of the property, shall be
determined by the record in the office of the register of deeds at the
time of the adoption of the resolution.
The cost of grading, regrading,
paving, repaving, curbing, recurbing, guttering, reguttering,
macadamizing, remacadamizing or otherwise improving intersections of
streets and the cost of making any of improvements in streets,
avenues and alleys running along or through city property shall be paid
for by the city at large, for which general improvement bonds of the
city may be issued according to law, except
that, if the petition
of the resident owners initiating the project so provides, the entire
cost or a part thereof may be
assessed against the benefited property in the same manner as the
remainder of the improvements.
The governing body in its discretion may levy the entire tax or
special assessment for such cost at one time or may provide for payment
thereof in installments and issue
bonds as provided by law for such installments. The owner of any property
liable for such
assessment may, within 30 days from the time of the
determination of the amount assessed against the owner's
property, pay
the same in full, and such property shall not thereafter be liable for
any assessment for the cost of such improvement. Bonds shall be
issued only for the amount of the cost of such improvement remaining
unpaid at the end of 30 days from the time such assessment is
fixed.
History: R.S. 1923, § 12-602; L. 1931, ch. 107, § 1; L. 1967,
ch. 83, § 1; L. 1981, ch. 173, § 12; July 1.
12-603: Intervening street connections.
Whenever any adjoining parallel streets or alleys in the city shall have
been graded, guttered, curbed, paved, or macadamized, the governing body
may, when they deem it necessary, grade, gutter, curb, pave or macadamize
any intervening connecting street or alley, or portion thereof; and in all
cases when two or more portions of any street or alley have been graded,
guttered, curbed, paved, or macadamized, and intervening portions of said
street or alley have not been graded, guttered, curbed, paved, or
macadamized, the governing body may by resolution cause the intervening
portion to be graded, guttered, curbed, paved or macadamized not to exceed
two blocks, and levy special assessments to pay for the same, regardless of
any protests of the property owners affected thereby.
History: R.S. 1923, § 12-603; Dec. 27.
12-604: State or federal lands.
Whenever any lands owned by the state of Kansas or the government of the
United States are situated within the corporate limits of any city, and
such city desires to grade or regrade, pave or repave, curb or recurb, or
gutter or regutter the streets, avenues or alleys adjacent to such lands,
it may proceed to do so under the laws in force in reference to grading or
regrading, paving or repaving, curbing or recurbing, or guttering or
reguttering streets, avenues or alleys in such cities; and such cities are
hereby authorized and empowered for the purpose of grading or regrading,
paving or repaving, curbing or recurbing, or guttering or reguttering the
one-half street, avenue or alley adjacent to said lands, or the entire
street, avenue or alley in case the adjacent lands on both sides of said
street, avenue or alley are owned by the state of Kansas or the government
of the United States, to contract for the grading or regrading, paving or
repaving, curbing or recurbing, or guttering or reguttering and pay for the
same in the manner that they contract and pay for the grading or regrading,
paving or repaving, curbing or recurbing, or guttering or reguttering the
intersections of streets, avenues or alleys.
History: R.S. 1923, § 12-604; Dec. 27.
12-605: Grading districts; block assessments.
In all cases where grading is to be done, the entire distance to be
graded shall constitute the grading district, but for all paving, repaving,
macadamizing, remacadamizing, curbing, recurbing, guttering and reguttering
of streets, avenues and alleys, the special assessments shall be made for
the full cost thereof on each block separately.
History: R.S. 1923, § 12-605; Dec. 27.
12-606: Assessments against unplatted or partially platted lands;
extent of benefit district.
Where any of the improvements specified in this act are to be made upon
streets or avenues, and the pieces of land abutting on such improvement
shall not be divided into lots or blocks, the assessments for such
improvement shall be made on the piece or pieces of ground adjoining such
improvement or through which the same may be located to the distance of 300
feet from the street or avenue upon which such improvements are made
extending along the street or avenue the distance improved or to be
improved: Provided, That where the street or avenue to be improved
runs partially through platted ground and partially through unplatted
ground, the assessments for the payment of the cost of the construction of
the improvement on the street or avenue running through the unplatted
ground shall be levied on the lots and pieces of ground along said street
or avenue on either side thereof, to the same distance on either side of
said street or avenue as the levy is made where the street or avenue to be
improved runs through platted ground: Provided, That in no case shall
the benefit district extend more than half way to the street or public
highway parallel with and next to the public ground to be improved.
History: R.S. 1923, § 12-606; Dec. 27.
12-607: Alleys; connecting alleys.
Any alley may be graded or regraded, paved or repaved in the same manner
as provided for the grading or regrading, paving or repaving of a street or
avenue. The governing body may, when they deem it necessary, grade or
regrade and pave or repave any intervening alley connecting two streets or
avenues which are paved.
History: R.S. 1923, § 12-607; Dec. 27.
12-608: Levy of special assessments; hearing of complaints; ordinance;
payment of bonds; limitation on action to set aside assessments.
As soon as the cost of such improvement is determined, the governing
body shall determine and assess to each lot or parcel of ground liable for
such special assessment the amount to be paid thereon, which amount shall
be determined by the assessed value of the lots and pieces of land without
regard to the buildings or improvements thereon, which value shall be
ascertained by three disinterested appraisers appointed by the mayor and
confirmed by the council or commission. It shall be the duty of said
appraisers, within five days after being notified of their appointment, to
proceed to appraise such lots and pieces of land as may be designated by
the council or commission, after having taken and subscribed an oath to
make a true and impartial appraisement, which appraisement shall be
returned to the city council or commission at its first meeting after the
same shall have been completed.
When said appraisement is returned and filed with the clerk, the
governing body shall appoint a time for holding a special session to hear
any complaint that may be made as to the valuation of any lot or piece of
land appraised as aforesaid, a notice of which special session shall be
given by the mayor in the official city paper; and said governing body at
said special session may alter the valuation of any lot or piece of land,
if in their opinion the same has been appraised too high or too low. The
governing body shall immediately thereafter enact and publish an ordinance
which shall hold good for all the installments, fixing said assessment
hereinbefore provided, as to each lot or parcel of ground. The city clerk
of such city shall mail a written notice to the owner of each lot or parcel
of ground stating the amount levied against the same. The amounts levied
against each lot or parcel of ground to pay for the bonds falling due in
each year, and the interest due shall be levied and collected the same as
other taxes. No suit to set aside the said assessments shall be brought
after the expiration of thirty days from the publication of the ordinance
fixing said assessments.
History: R.S. 1923, § 12-608; Dec. 27.
12-609: Guaranty by contractor for maintenance and repair.
The governing body shall have power to provide, in any contract made by
them for curbing, guttering or paving any street or alley, that the
contractor shall guarantee to maintain and repair the same for such time as
the governing body shall deem proper, and no special assessment shall be
affected or invalidated on account of such guaranty.
History: R.S. 1923, § 12-609; Dec. 27.
12-610: Application and scope of preceding sections.
The preceding sections relating to grading, regrading, paving, repaving,
curbing, recurbing, guttering, reguttering, macadamizing or remacadamizing,
or otherwise improving any street, avenue, or alley shall govern in the
making of all such improvements in all cities, except where different
provisions are specifically provided by law, in which case the specific
provisions shall control only so far as they conflict with the preceding
sections.
History: R.S. 1923, § 12-610; Dec. 27.
12-610a:
History: L. 1955, ch. 84, § 1; Repealed, L. 1975, ch. 349, §
2; July 1.
12-611:
History: R.S. 1923, § 12-611; Repealed, L. 1941, ch. 103, §
16; June 30.
12-612: Improvements by railway companies; liens; assessments.
When any street railway, interurban or other railway company is required
to pave, grade, repave, drain or repair any street or alley of any city, or
any part thereof, used or occupied by said railroad or railway company, the
cost thereof shall be a lien upon the property and franchises of the
company within said city, and shall be assessed, taxed and collected like
other taxes: Provided, That said railway company shall have the
privilege of paying for said assessments upon the same terms and conditions
given by statute to abutting property owners assessed for similar purposes.
History: L. 1917, ch. 253, § 1; May 26; R.S. 1923, § 12-612.
12-612a: Improvement of railroad right-of-ways leased to city for street
purposes; bonds; protest petitions; election.
Whenever a railroad company has leased to a city, for a term of 25 years
or, a portion of the company's right-of-way to
be used for street purposes, at a nominal cash rental but with the terms
of the lease providing that no special assessments for street
improvements shall be levied or assessed against the lessor or against
the property owned by the lessor which is adjacent to the leased
premises, the governing body of such city may, by ordinance, declare it
necessary to improve
the property so leased as a business thoroughfare and cause the property
so leased to be graded, curbed, guttered,
paved, macadamized, regraded, recurbed, reguttered or remacadamized. The
cost of such improvement shall be borne by the city as a whole
and shall be paid by the issuance of general improvement bonds of the
city according to law. Before the improvement is made, the ordinance shall
be published once each week for two consecutive weeks in the official city
paper. If, within 20 days
after the ordinance is published, there is filed with the city clerk
a protest signed by qualified electors of the city equal in number to not
less than 10% of the qualified electors of the city who voted for the office of
mayor at the last election at which a mayor was elected, the improvement
shall not be made nor bonds issued
unless the governing body calls an election within the time and
manner provided by K.S.A. 10-120 and amendments thereto. If at such election the
proposition receives the favorable vote of a majority of the votes
cast on the proposition, the improvement may be made and bonds issued therefor.
The ordinance declaring it necessary to improve
the property as a business thoroughfare shall contain a statement
relating to the provision for protest.
History: L. 1951, ch. 147, § 1; L. 1981, ch. 173, § 13; July 1.
12-613:
History: L. 1915, ch. 338, § 1; L. 1921, ch. 96, §
1; L. 1923, ch. 93, § 1; R.S. 1923, §
12-613; Repealed, L. 1959, ch. 68, § 1; June 30.
12-614: Resurfacing and repair of paved streets; bonds; protest
petition; election.
Whenever the governing body of any incorporated city shall deem it
necessary to resurface or repair any paved street or any portion thereof,
which paved street was originally curbed, guttered and a base and surfacing
constructed in accordance with specifications; and the surfacing of such
paved street by reason of the wear and tear of traffic is in a condition
which requires repairing or resurfacing in order to preserve the base of
same and to provide a reasonably smooth wearing surface the same may be
ordered by resolution and shall be done at the expense of the city and the
payment of the cost of such resurfacing or repairing may be made by the
issuance of improvement bonds of the city. Such bonds shall be made payable
at such time as the governing body shall provide by ordinance and the
credit of such city shall be pledged to the payment thereof: Provided,
Before such bonds shall be issued and the work begun under the provisions
of this act, the resolution determining the necessity therefor shall be
published once each week on the same day of the week for two (2)
consecutive weeks in the official city newspaper. Such resolution shall
declare the necessity for and the intention of the governing body to make
such improvement and shall describe in general terms the improvement to be
made, the estimated cost thereof and shall designate the street or portion
thereof to be improved. If within thirty (30) days after the last
publication of said resolution there shall be filed in the office of the
city clerk, not later than 5:00 p.m. on the last day, a protest signed by
qualified electors equal in number to not less than ten percent (10%) of
the electors who voted at the last preceding regular city election as shown
by the poll books, an election shall be called and held within ninety (90)
days after the last publication of said resolution or at the next regular
city election if held within that time. Such election shall be called and
held in the manner provided by law for bond elections. If no protest or an
insufficient protest is filed or if an election is held and the proposition
carries by a majority of those voting thereon, the governing body may
provide for the improvement.
History: L. 1923, ch. 99, § 1; R.S. 1923, § 12-614;
L. 1965, ch. 91, § 1; June 30.
12-615: Resurfacing and repair of paved streets; bonds; tax levy.
The bonds herein provided for shall not be issued in an amount in excess
of the cost of such work or improvements. Each bond
shall specify the date of its separate maturity and shall be in
the denominations determined by the authority issuing the same. The governing
body shall annually levy a general tax on all the property in the city to
pay the interest and installments on such bonds.
History: L. 1923, ch. 99, § 2; R.S. 1923, § 12-615; L. 1983,
ch. 49, § 42; May 12.
12-616: Same; construction.
This act shall not repeal any law granting authority to cities to make
improvements but shall be in addition to such power.
History: L. 1923, ch. 99, § 3; June 9; R.S. 1923, § 12-616.
12-617: Taxing districts in cities under 80,000; ordinance.
For the purpose of providing for the expenses of sewerage and drainage,
the governing body of any city having a population of less than 80,000 may
by ordinance, divide such city into such number of taxing districts as they
may deem best.
History: L. 1909, ch. 90, § 1; R.S. 1923, § 12-617; L. 1927, ch. 98, § 1;
March 2.
12-618: Taxing districts in cities under 80,000; systems; assessments
or bonds; alteration of boundaries; reassessment of costs and expenses;
time for suit or injunction.
The governing body of such city shall have power to provide for one or
more systems of sewerage, or drainage, or both, for such city, or for any
part thereof, with one or more main sewers or drains and sewer or drains
outlets, and to build, construct or purchase pumping stations, sewers,
sewer service lines and drains by districts or otherwise, as the governing
body may determine. In the case of sewer service lines constructed on
private property, nothing in this act shall require the city to clean,
maintain or replace such lines after the initial purchase or construction
thereof.
The costs and expenses of constructing or purchasing the said pumping
stations, sewers, sewer service lines and drains, except as provided in
K.S.A. 12-619, shall be assessed against the lots and pieces of ground
contained within the district in which the same is situated, and shall be
levied and collected as one tax, in addition to the other taxes and
assessments, and shall be certified by the city clerk to the county clerk
and be placed by him or her upon the tax roll for collection, subject to
the same penalties, entitled to the same rebates and collected in the same
manner as other taxes. Where any property has paid or shall pay its full
proportion for pumping stations, general sewers or drains in one district
it shall not be transferred to another district and thereby be made liable
for taxation for pumping stations, sewers and drains in such other
district. The governing body may in their discretion provide for the
payment of the costs thereof by installments, instead of levying the entire
tax or special assessment for such cost at one time; and for such
installments they may issue improvement bonds of the city in the manner
provided by law. Where the governing body of any city has not or may not
divide such city into more than one district for sewer purposes, and such
entire city thus constitutes one sewer district, such cities are hereby
exempted from the provisions of this act insofar as the same provides for
the levying of a tax or assessment against specific lots and pieces of
ground in separate sewer districts, and such cities are hereby authorized
to build and construct sewers and sewer systems, and for the purpose of
paying for the same the governing body may issue general obligation bonds
as provided by law.
The governing body of any such city which is located in a county having
a population of less than one hundred eighty-five thousand (185,000) or
more than two hundred thousand (200,000) may, by resolution: (1) Alter the
boundaries of any district so as to include property which has been annexed
subsequent to the creation of such district if such property is within the
same watershed and will be served by the main sewer serving such district;
and
(2) reapportion and reassess, on the same basis as the original
assessment, that portion of the costs and expenses incurred in the
construction of sewer mains within such district which were assessed within
the district prior to the passage of such resolution, and which remain
unpaid, among all lots and pieces of ground within the district, including
those added thereto by such resolution, and which receive benefits from
such sewers.
No suit to set aside the special assessments herein provided for or to
enjoin the making of the same shall be brought, nor any defense to the
validity thereof be allowed, after the expiration of thirty (30) days from
the time when the amount due on each lot or piece of ground liable for such
assessment is ascertained.
History: R.S. 1923, § 12-618; L. 1955, ch. 77, § 1;
L. 1967, ch. 84, § 1; L. 1975, ch. 57, § 1; July 1.
12-619: Cost of main sewers, how determined; ordinance; lands not
subject to assessment.
If the estimated cost of the main sewer or drain of said system now or
hereafter constructed shall be relatively large as compared with the
estimated cost of the lateral sewers or drains tributary thereto, or if the
said main sewer or drain shall be so located that it will or may receive
the sewage or drainage from two or more districts, the governing body shall
have power to pass an ordinance providing that the cost of such main sewer
or drain below a certain designated point shall be borne by the city and
paid in the manner provided in K.S.A. 12-624 for the payment of the cost of
main sewers and drains now or hereafter constructed beyond the corporate
limits of the city. If the said main sewer or drain shall be so located
that it will or may receive the sewage or drainage from two or more
districts, the governing body shall have power to pass an ordinance
providing that the cost of such sewer or drain below a certain designated
point shall be divided among the said districts as nearly as possible in
proportion to the benefits which the respective districts will eventually
receive from the use of the said sewer drain, and that the proportion of
the cost assigned to each district shall be assessed against that district
in the manner provided by law: Provided, That the said ordinance shall
state the point in the line of the main sewer or drain below which the
provisions of this section shall apply, shall describe the proposed
location of the said main sewer or drain from the said point to the outlet
of the same or to the city limits, and shall state the manner of payment of
the cost of the said main sewer or drain, whether by the city or by the
tributary districts, and if by the tributary districts shall fix the
proportion of the cost to be assessed against said district: Provided
further, That any land within the corporate limits of any city which
land is served by county or township sewers shall not be subject to
assessment as herein provided.
History: R.S. 1923, § 12-619; L. 1955, ch. 78, § 1; L.
1965, ch. 92, § 1; May 14.
12-620: Same; sewers in highways or across vacant lots.
The governing body of any such city shall have power to construct sewers
or drains through, under, across or along any street, alley or public
highway, and may construct such sewers or drains across any vacant lot upon
leaving the same in as good condition as such lot was in before the
construction of such sewers or drains.
History: L. 1909, ch. 90, § 4; March 30; R.S. 1923, § 12-620.
12-621: Same; sewage disposal works; costs and expenses; general
obligation bonds, when; limitations; election upon petition.
The governing body of any such city may operate and maintain disposal
works for the purification of the sewage of the city, or of any part
thereof. The costs and expenses of building the same shall be borne by the
city as a whole, and may be paid out of the general revenue fund; or if the
governing body determines, general obligation bonds of the city may be
issued therefor in any sum not exceeding three hundred thousand dollars
($300,000) for such purpose, except that in any city located within a
county having a population of more than one hundred eighty thousand
(180,000) and less than two hundred thousand (200,000), bonds for such
purpose may not be issued in any sum exceeding one hundred thousand dollars
($100,000). Such bonds may be issued in addition to the limit of bonded
indebtedness of such cities as defined by statute, except that no bonds may
be issued under the provisions of this section in excess of one hundred
thousand dollars ($100,000) if, within thirty (30) days of the passage of a
resolution authorizing the issuance of such bonds, a petition in opposition
to such issuance, signed by not less than two percent (2%) of the qualified
electors in such city, is filed with the governing body of such city. If
such petition is filed within the prescribed time, no such bonds may be
issued unless a majority of the qualified electors approve such levy at the
next primary or general election.
History: R.S. 1923, § 12-621; L. 1929, ch. 111, § 1; L. 1931, ch. 108, § 1;
L. 1955, ch. 79, § 2; L. 1965, ch. 92, § 2; L. 1966, ch. 3, § 1 (Special
Session); L. 1975, ch. 58, § 1; April 24.
12-622: Same; sewers and drains outside city; eminent domain.
The governing body of any such city shall have power and authority to
construct and maintain sewers and drains, with the appurtenances thereof,
from the corporate limits of the said city to a connection with any creek,
ravine, or river within five miles thereof, and to build, extend, operate
and maintain disposal works for the purification of sewage at any point
along or near the line of such sewers or drains; and for this purpose the
right of eminent domain is hereby granted to such cities.
History: L. 1909, ch. 90, § 6; March 30; R.S. 1923, § 12-622.
12-623: Same; acquisition of land.
Whenever the governing body of any such city shall determine to lay off
and condemn a right-of-way from the corporate limits of such city to such
point on such creek, ravine or river, and to construct sewers or drains, or
to build or extend disposal works, as provided herein, the governing body
may proceed to condemn the necessary lands or rights-of-way: Provided,
Any person through whose lands such sewers or drains may be constructed, or
upon whose lands such disposal works may be built, or who would be
otherwise damaged, may give consent thereto in writing, and such writing,
without formal acknowledgment, may be recorded in the office of the
register of deeds of the proper county, and thenceforth the city shall have
the same right to construct such sewers or drains and to build and operate
such disposal works as though such lands had been formally condemned.
History: R.S. 1923, § 12-623; Dec. 27.
12-624: Cost of main sewers, how determined; costs, how borne; bonds, limitation.
All costs and expenses occasioned by the acquisition of a right-of-way
either by purchase or condemnation and by the construction of sewers and
drains and disposal works beyond the corporate limits of said city shall be
borne by the city as a whole and shall be paid out of the general revenue
fund or by the issue of improvement bonds of the city as the governing body
may determine, in the manner provided by law. Bonds to pay the costs of
right-of-way and the construction of sewers and drains beyond
the corporate limits of the city may be issued in addition to the one
hundred thousand dollars ($100,000) authorized by K.S.A. 12-621 for the
construction of disposal works and that such
additional bonds may be issued in addition to the limit of bonded
indebtedness of such cities as defined by statutes.
History: R.S. 1923, § 12-624; L. 1976, ch. 71, § 1; July 1.
12-625:
History: L. 1909, ch. 90, § 9; R.S. 1923, §
12-625; Repealed, L. 1975, ch. 53, § 1; July 1.
12-626: Construction of pumping stations.
Whenever, in the judgment of the governing body of any city in the state
of Kansas, in the construction, maintenance and operation of its sewer
system, whether it be a part of its sanitary sewer system, storm sewer
system, or a combination of both, that on account of elevation, dike, or
any other reason, it is impracticable, or too expensive, to excavate in
connection with such sewer or intercepting sewer with another sewer
district, or intercepting sewer, or in order to provide an outlet of any
kind for the sewage of such sewer or intercepting sewer district, whether
such sewers be sanitary sewers, storm sewers, or a combination of both, the
governing body of such city is hereby empowered to construct a pumping
station for the purpose of pumping such sewage of such sewer or
intercepting sewer to some other sewer district in said city over any
elevation, dike or other obstruction in order to conduct the sewage thereof
to a point of outlet, whether such outlet be an intercepting sewer, another
main sewer district, a sewage disposal plant, or a stream.
History: L. 1915, ch. 129, § 1; R.S. 1923, § 12-626; L. 1945, ch. 94, § 1;
March 30.
12-627: Same; approval of plans.
Before any such pumping plant shall be constructed the plans and
specifications of such pumping station shall first be submitted to the
secretary of health and environment of the state of Kansas and be approved
by such secretary.
History: L. 1915, ch. 129, § 2; R.S. 1923, § 12-627; L. 1975, ch.
462, § 1; July 1.
12-628: Same; costs; bonds.
The cost of construction of such pumping station may be paid from the
general fund of such city, or if there be not sufficient money in such fund
such city is hereby authorized to issue improvement bonds for the payment
thereof to an amount not to exceed the actual cost of said pumping plant.
The bonds issued under this act shall be issued as provided by law.
History: R.S. 1923, § 12-628; Dec. 27.
12-629: Same; bond limitations inapplicable.
None of the restrictions and limitations contained in any of the
statutes of the state of Kansas heretofore enacted shall apply to, or in
any way affect the issuance of the bonds authorized by this act, or the
bonds so issued.
History: L. 1915, ch. 129, § 4; March 16; R.S. 1923, § 12-629.
12-630:
History: L. 1919, ch. 111, § 1; R.S. 1923, §
12-630; L. 1970, ch. 69, § 5; Repealed, L. 1975, ch. 494, §
39; July 1.
12-630a: Bonds for sewage treatment and disposal works; election;
service charges; tax levy.
The governing body of any city may provide for one or more systems of
works within or without the city for the treatment and disposal of the
sewage of the city or of any part thereof and sewage from premises without
the city when discharged into the sewer system of the city as authorized by
law and may require land and easements and build, rebuild, enlarge,
improve, repair, maintain, and operate the same, and for the purpose of
building, rebuilding, enlarging, or improving such work or works, or making
such extensive repairs as cannot be financed out of current funds, may pay
for the same out of the general revenue fund or may issue bonds, which
bonds shall not be included in the limit of bonded indebtedness of the city
as defined by statutes: Provided, That no issue of bonds shall be made
until authorized by a majority of the votes cast on the proposition at an
election called and held as provided by the general bond law. Such bonds
may be general obligation bonds of the city payable by a general tax, or if
the city is authorized by statute to make service charges for the disposal
of sewage, the bonds may be made payable out of the revenue therefrom in
which case the city shall thereafter make such charges as are necessary to
pay the interest on such bonds and to pay the bonds as they mature, or the
bonds may be made payable partly by tax levy and partly by such service
charges. The cost of operation, maintenance and ordinary repair may be paid
by the tax authorized by statute or from service charges as authorized by
statute or by both sources of revenue. Sewage disposal works as used herein
includes sewage disposal plant, necessary sewers and drains from existing
outlets to the plant and from the plant to a creek, ravine or river into
which the treated sewage may be drained, necessary pumping plants, force
mains and appurtenances necessary to a complete disposal works for the
treatment and disposal of sewage.
History: L. 1947, ch. 130, § 1; April 18.
12-631: Ordinance requiring certain property owners to make sewer
connections; costs; no-fund warrants, when; tax levies.
Any city may in the manner hereinafter provided by ordinance require
persons and property owners owning buildings within such city, which
buildings are, or shall be located near a sewer, or in a block within any
sewer district in said city through which a sewer extends, to make such
connections with the sewer system, as may be necessary in the judgment of
the board of health or in the event such city does not have a board of
health, in the judgment of the governing body for the protection of the
health of the public, for the purpose of disposing of all substances from
any such building affecting the public health which may be lawfully and
properly disposed of by means of such sewer, and if any person or persons,
shall fail, neglect or refuse to so connect any building or buildings with
the sewer system as herein provided for, for more than ten days after being
notified in writing by the board of health or governing body of such city
to do so, such city may cause such buildings to be connected with said
sewer system, or may advertise for bids for the construction and making of
such sewer connections, and contract therefor with the lowest responsible
bidder or bidders, and may assess the costs and expense thereof against the
property and premises so connected in the manner provided by law. All costs
incurred by the city under the provisions of this section may be financed,
until the assessment is paid, out of the general fund or by the issuance of
no-fund warrants. Whenever no-fund warrants are issued under the authority
of this act the governing body of such city shall make a tax levy at the
first tax levying period for the purpose of paying such warrants and the
interest thereon. All such tax levies shall be in addition to all other
levies authorized or limited by law and shall not be subject to the
aggregate tax levy prescribed in article 19 of chapter 79 of the Kansas
Statutes Annotated. Such warrants shall be issued, registered, redeemed and
bear interest in the manner and in the form prescribed by K.S.A. 79-2940,
except they shall not bear the notation required by said section
and may be issued without the approval of the state board of tax appeals.
All moneys received from special assessments levied under the provisions of
this section shall, when paid, be placed in the general fund of the city.
History: L. 1915, ch. 130, § 1; R.S. 1923, § 12-631;
L. 1965, ch. 93, § 1; June 30.
12-631a: Alteration, repair, reconstruction or construction of sewer
and payment thereof.
Whenever, in the opinion of the governing body of any city in the state
of Kansas it shall become necessary to alter, repair or reconstruct any
existing sewer which serves two or more sewer districts, where sewer
districts may have [been] created, or which serves a substantial portion of
the city, the governing body of such city may provide for the alteration,
repair or reconstruction of any such sewer; or if any such sewer, after
having been constructed for twenty years or more, is found to be
inadequate, and in the opinion of the governing body of [*] the inadequacy
of such sewer can be corrected at a lesser cost by the construction of
another sewer in the same watershed, the governing body of such city may
provide for the construction of a supplemental sewer.
In order to pay for the construction of sewers herein provided for, the
governing body of such city may assess the cost thereof against the sewer
district or sewer districts served by such sewer, in cases where sewer
districts have been created, or may, if in the opinion of the governing
body the cost of such alteration, repair, construction or reconstruction
should be borne by the city at large, pay the cost thereof out of the
general fund of said city, and if the general fund is insufficient to pay
such cost, or if the governing body deems it necessary, such governing body
may issue general improvement bonds in the manner provided by law to pay
such cost.
All contracts for any such work, and special assessments against any
property to pay the same in case such work is to be paid for by special
assessments, shall be governed as near as may be by the provisions of law
relating to the construction and payment of street improvements. If in the
opinion of the governing body the cost of such alteration, repair,
construction or reconstruction should be borne by the city at large the
governing body may find that such sewer is an interceptor sewer and such
finding shall be final and conclusive and shall make such sewer a utility
within the meaning of the word "utility" as defined in K.S.A. 10-1201.
History: L. 1929, ch. 114, § 1; L. 1931, ch. 109, § 1; L. 1945, ch. 95, § 1;
L. 1955, ch. 74, § 3; June 30.
12-631b: Acquisition of certain sewers or sewage facilities;
ordinance.
Any city of this state is hereby authorized and empowered to acquire by
gift, purchase or otherwise any sanitary sewers or sewage lines located
within the corporate limits of said city or within a distance of three (3)
miles beyond the corporate limits of said city, which facilities have been
constructed and are in place. Such acquisition may be by gift, grant or
purchase from the United States government or any agency thereof, or any
other owner thereof. Such acquisition may be had by any such city when the
governing body shall have adopted an ordinance declaring the acquisition of
such sewers or sewage facilities to be necessary, convenient or useful to
such city and that the same is of value to said city, its inhabitants, or
to industries located in the immediate environs of such city and so located
as to be served by such sewers or sewage facilities.
History: L. 1947, ch. 131, § 1; L. 1969, ch. 74, §
1; July 1.
12-631c: Same; service charges; ordinance for management and
operation; contracts; sale or disposal; tax revenue not to be used.
Any city so acquiring any such sewers or sewage facilities as provided
in K.S.A. 12-631b, shall have the right to own, operate and
maintain such facilities whether located within or without such city and
shall have the right to establish just, reasonable, and equitable service
charges to be paid to such city for the use of such sewer system, said
charges to be based on the quantity and character of both the sewage
discharged into the sewer system of the city: Provided further,
Sufficient charges may be made for connections to property outside the city
to compensate for capital investments made by the city for the sewer
system.
The governing body of such city shall have the power to pass ordinances
providing rules and regulations for the management and operation of such
sewer system, the collection of the charges and the disposition of the
revenues therefrom: Provided further, Such city shall have the power
to make contracts with persons, firms, corporations, boards of county
commissioners, township trustees, sewer districts and other municipalities
and political subdivisions for the use and maintenance of such sewers and
sewage facilities upon such terms and conditions for such term of years as
the governing body of such city may deem proper. Any city so acquiring such
facilities shall have the right to sell and dispose of same or any part
thereof as may be deemed expedient and to the public interest. No revenue
derived from ad valorem taxes shall be used for the acquisition, operation
and maintenance of the sewer facilities provided for in this act.
History: L. 1947, ch. 131, § 2; April 4.
12-631d: Same; bonds or warrants, when; lien upon facilities.
If such sewer or sewage facilities are acquired by purchase and not by
gift or grant, then the cost of such acquisition shall be paid by the
issuance of warrants or bonds, but any such warrants or bonds issued for
the purpose of acquiring such facilities shall be an obligation and a lien
upon such facilities only and shall not be a general obligation of the city
issuing the same.
History: L. 1947, ch. 131, § 3; April 4.
12-631e: Certain cities may alter, repair, construct or reconstruct
sewers; payment by city at large; bonds.
If the governing body of any city located in a
county which has a population of less than
20,000 and an assessed
tangible valuation of more than $45,000,000 and in which
sewer districts have been created determines that it
is necessary to alter,
repair or reconstruct any existing sewer or construct any additional
sewer which serves two or more districts or which serves a substantial
portion of the city, the governing body may provide therefor and may (1) assess the cost
thereof against the sewer district or sewer districts specially
benefited, (2) if the governing body determines that the cost
thereof should be borne by the city at large, pay such cost out of the
general fund of the city or (3) issue its general improvement bonds to pay
therefor in the manner provided by law.
Whenever the governing body of any such city determines
that the
cost of any such construction or reconstruction should be borne by the
city at large and paid for by the issuance of its general improvement
bonds, the governing body shall adopt a resolution stating such fact
and the amount of bonds which it deems necessary to issue and sell. The governing body
shall publish such resolution once each week for two consecutive weeks in a paper of
general circulation in such city. After publication,
such bonds may be issued
and sold, unless a petition in opposition to the same, signed by qualified
electors of the city equal in number to not less
than 15% of the qualified electors of such city who voted for the office
of secretary of state at the last preceding
election at which such office was subject to election, is filed with the
city clerk of such city within 30
days following the last publication of the resolution. If such a
petition is filed,
the governing body of such city shall submit the question to the qualified
electors of such city at a special election called for such purpose or
at the next general city election.
The total amount
of bonds issued by any city under the authority conferred by this act
shall not exceed the sum of $100,000.
The provisions of law relating to
construction and pavement of streets shall be followed in the letting of
all contracts and the levying of any special assessments under the
provisions of this act.
History: L. 1949, ch. 122, § 1; L. 1981, ch. 173, § 14; July 1.
12-631f: Same; payment of outstanding notes.
Any city, such as described in K.S.A. 12-631e which has outstanding at
the time this act takes effect temporary notes issued in payment of the
costs of any construction or reconstruction of sewers such as described in
K.S.A. 12-631e, may pay such temporary notes out of the general fund or by
the issuance of general improvement bonds of the city in the manner and
subject to the limitations provided in K.S.A. 12-631e.
History: L. 1949, ch. 122, § 2; June 30.
12-631g: Sewage service charges by cities and township districts;
exceptions.
The governing body of any city or any township sewer district which has
installed or may hereafter install a system of sewage disposal may, by
ordinance of such city or by the resolution of the governing body of such
township sewer district, establish just and equitable rates of service
charges to be paid to such city, or to such township sewer district, for
the use of such sewage disposal system by all persons, firms, corporations,
city departments, the United States, the state of Kansas and its political
subdivisions, and any organizations whose premises are connected or may
hereafter be connected to the sanitary sewer system of such city or of such
township sewer district: Provided, That the provisions of this act
shall not apply to any city of the first class having a population of more
than two hundred thousand (200,000).
History: L. 1953, ch. 120, § 1; L. 1957, ch. 88, § 1; April 16.
12-631h:
History: L. 1953, ch. 120, § 2;
L. 1963, ch. 73, § 1;
Repealed, L. 1965, ch. 94, § 1; June 30.
12-631i: Same; sewage disposal system defined; use of revenue.
For the purpose of this act, sewage disposal system shall consist of all
means by which sewage is transported, treated and disposed of and shall not
include drainage or storm sewers or drains: Provided, That for
construction and reconstruction purposes revenue derived under this act
shall not be used for sewers, either lateral or main or intercepting, the
cost of which is provided by law to be paid by special assessment.
History: L. 1953, ch. 120, § 3; June 30.
12-631j: Same; rules and regulations.
The governing body of a city shall have the power by ordinance, and the
governing body of a township sewer district shall have power by resolution,
to adopt rules and regulations providing for the management and operation
of its sewage system, prohibiting the discharge of matter of deleterious to
the proper operation of the treatment plant into the sewage system,
requiring pretreatment of sewage in unusual cases to prevent overloading
the treatment plant, fixing the service charges and methods of collection
and providing for the disposition of the revenue therefrom.
History: L. 1953, ch. 120, § 4; June 30.
12-631k:
History: L. 1953, ch. 120, § 5;
L. 2004, ch. 107, § 1;
L. 2005, ch. 90, § 1;
Repealed, L. 2006, ch. 95, § 4; July 1.
12-631l: Same; disposition of revenues; reduction of tax levy.
All revenues derived from sewage service charges shall be deposited in
the treasury and credited to a seperate fund to be known as the sewage
disposal fund and such revenues shall be used exclusively for the
administration, operation, maintenance, repair, replacement, extension,
enlargement, betterments, depreciation and obsolescence of said sewage
disposal system and may be used to pay principal of and interest on any
bonds issued on account of said sewer system, either general obligation
bonds or revenue bonds or both, except bonds issued for any such project
the cost of which is payable from special assessments, and said revenues
shall be used for no purpose other than those specified herein, and shall
not be applied to the construction or reconstruction of sewers, the cost of
which is provided by law to be paid from special assessments in a benefit
district. When any city or township sewer district has provided for sewage
service charges under this statute its power to levy tangible property
taxes for the maintenance and operation of sewers and sewage disposal
plants under authority of other statutes shall be reduced one-half (1/2)
mill.
History: L. 1953, ch. 120, § 6; June 30.
12-631m: Sewerage service charges; county, sewer district, improvement
district or public agencies; establishment, collection and use of proceeds.
Any county, sewer district, improvement district or public agency
authorized by law to establish and/or operate a sewerage system or a part
thereof, may, by ordinance or resolution of such county, sewer district,
improvement district or agency establish and collect just and equitable
rates of service charges to be paid to such county, district or agency for
the use of the sewerage system by all persons, firms, corporations,
departments of government of the state or of the United States and
political subdivisions thereof and any other organizations or users of the
system whose premises are connected to the sewer system of such county,
district or agency. "Sewerage system" as used in this section means sewers,
mains, pumping stations, treatment works, storage facilities and all
appurtenance to the collection, storage, treatment and disposal of sewage
and/or waste water. All charges collected pursuant to the provisions of
this section shall be used for sewerage system purposes.
History: L. 1973, ch. 57, § 1; April 25.
12-631n: Municipal sewerage systems; definitions.
As used in this act, the following words and phrases shall have the
meanings respectively ascribed to them herein: (a) "Municipality" means any
county, city, sewer district or other public agency or any combination
thereof;
(b) "Sewerage system" means sewers, mains, pumping stations, treatment
works, storage facilities and all other appurtenances to the collection,
storage, treatment and disposal of sewage or waste water; and
(c) "P.L. 92-500" means public law 92-500 of the 92nd session of the
United States congress, cited as the "federal water pollution control act
amendments of 1972."
History: L. 1973, ch. 56, § 1; April 20.
12-631o: Same; reserve funds; payment or transfer of certain moneys to
fund.
Any municipality, by resolution of the governing body thereof, may
establish one or more reserve funds for the future maintenance and
operation of its sewerage system and for the construction of improvements
and expansions to such system. Such reserve fund or funds may be
established whether the municipality finances such sewerage system as a
function of its general fund or as a separate or combined utility fund, and
any moneys budgeted as a revenue of such general or utility fund for the
purposes of the sewerage system may be transferred periodically to such
reserve funds by order of the governing body. Any portion of a capital
contribution in aid of construction received by a municipality from
industrial or other large system users, under the provisions of P.L. 92-500
or under contractual agreements with such municipality, which money has not
been credited to a construction or bond payment fund for such sewerage
system, or paid to the federal government under the provisions of P.L.
92-500, may be paid to or transferred to such reserve funds.
History: L. 1973, ch. 56, § 2; April 20.
12-631p: Same; use of moneys credited to reserve funds; exempt from
budget law; retransfer of certain funds authorized.
Moneys credited to such reserve funds may be used by the municipality
for the construction, reconstruction, expansion, operation and maintenance
of such sewerage system, or for the making of payments to the federal
government under the provisions of P.L. 92-500, and such fund shall not be
subject to the provisions of K.S.A. 79-2925 to 79-2937, inclusive, and any
acts amendatory thereof or supplemental thereto, except that in making the
budgets of such municipality, the amounts credited to and the amount on
hand in such reserve funds, and the amount expended therefrom, shall be
included in the budgets for the information of the residents of such
municipality. If the governing body of any municipality shall determine
that all or any part of the moneys which have been transferred or paid to
such reserve funds is not needed for the purposes for which so transferred
or paid, said governing body by resolution may retransfer such amount not
needed to the fund from which it was originally transferred, and such
retransfer shall be budgeted and subject to the provisions of K.S.A.
79-2925 to 79-2937, inclusive, and any acts amendatory thereof or
supplemental thereto and shall only be used for sewerage system purposes.
History: L. 1973, ch. 56, § 3; April 20.
12-631q: Counties and cities may unite in construction of outlets for
drainage of storm water; eminent domain; bonds.
Any county may unite with any city within such county for the purpose of
constructing outlets for drainage of storm water in such county or city, as
herein provided. Whenever the governing body of any city shall deem it
necessary to construct an outlet for drainage of storm water from the
corporate limits of any such city, to connect with any creek or river at
any point within five miles of such corporate limits, the governing body of
any such city shall pass a resolution declaring said improvement to be
necessary.
Upon the publication of such resolution in the official city paper, such
city shall cause to be made by some competent engineer plans and
specifications, together with the estimated cost of such improvement, which
plans and specifications and the estimated cost thereof shall be approved
by such governing body, and, upon the approval of same, the resolution
declaring said improvement necessary, together with such plans and
specifications and estimate, shall be submitted to the board of county
commissioners of any such county in which such city is located, and when
such plans and specifications and estimate are approved by said board of
county commissioners such city may proceed to make said improvement, and
for this purpose the right of eminent domain is hereby granted. The
proceedings for securing the land necessary for such outlet, and the
construction of the same, shall be the same as that provided by law for
cities in exercising the right of eminent domain.
For the cost of obtaining the land necessary for such outlet, and for
the construction of same, bonds may be issued by such city, equal to fifty
percent of the cost of obtaining such land and the construction of such
outlet, in accordance with the law providing for the issuance of bonds for
other internal improvements. Any county uniting with a city in the
construction of any such outlet may issue bonds in an amount of up to fifty
percent (50%) of the cost of obtaining such land and the construction of
such outlet. The bonds issued by such city shall be paid by the levy of a
general tax on all the property in any such city, and the bonds issued by
such county shall be paid by the levy of general tax on all of the property
in any such county.
History: R.S. 1923, § 13-1055; L. 1975, ch. 91, § 1; July 1.
12-631r: Storm sewers; construction of improvements
outside boundaries of municipality.
(a) Whenever the governing body of
any city
determines
it is necessary to construct storm sewers, channels,
retention basins or drains for the
purpose of
managing the storm drainage areas of all or any portion of
such city and in the
unincorporated areas outside of but within three miles of the corporate limits
of such city, the governing body may authorize the construction of such
storm sewers, channels, retention basins
or drains. Such construction
shall be authorized by ordinance. Such ordinance shall designate
where
such storm sewers, channels, retention basins or drains shall
be located. Construction of such
improvements located outside the corporate limits of a city shall not commence
unless such construction is approved by a resolution adopted by the board of
county commissioners of the county in which such improvements are to be
located.
(b) Whenever the governing body of any city determines it is necessary to
construct
storm sewers, retention basins, channels or drains for the purpose of managing
the storm drainage areas of all or any portion of which are located within
another city, the governing body may authorize construction of such storm
sewers, retention basins, channels or drains. Such construction shall be
authorized by ordinance. Such ordinance shall designate where such storm
sewers, retention basins, channels or drains shall be located. Construction of
improvements located within the corporate limits of another city shall not
commence unless such construction is approved by a resolution adopted by the
governing body of the city in which such improvements are to be located.
(c) Whenever the board of county commissioners of any county determines it
is
necessary to construct storm sewers, retention basins, channels or drains for
the purpose of managing the storm drainage areas of all or any portion of such
county, the board may authorize construction of such storm sewers, retention
basins, channels or drains. Such construction shall be authorized by
resolution. Such resolution shall designate where such storm sewers, retention
basins, channels or drains shall be located. Construction of improvements
located within the corporate limits of a city shall not commence unless such
construction is approved by a resolution adopted by the governing body of the
city in which such improvements are to be located.
History: L. 1911, ch. 103, § 1; L. 1915, ch. 146, § 1; L. 1917, ch. 106, § 1;
R.S. 1923, § 14-522; L. 1975, ch. 91, § 2;
L. 1999, ch. 13, § 1; July 1.
12-631s: Same; determination of necessity.
For the purpose of constructing improvements
authorized by K.S.A. 12-631r, and amendments thereto, the governing
body of the city and the board of county commissioners of the county
constructing such improvements
shall be the sole judge of the necessity
for such improvements and the issuance of general obligation bonds in
payment therefor.
History: L. 1911, ch. 103, § 4; R.S. 1923, § 14-525; L.
1975, ch. 91, § 3;
L. 1999, ch. 13, § 2; July 1.
12-631t: Construction and costs of sewage disposal works; bonds.
The governing body of any city shall have the power to provide for one
or more systems of disposal works for the purification of the sewage of the
city or any part thereof, and to build, operate and maintain such disposal
works as the governing body may designate.
The cost and expense of building the same shall be borne by the city as
a whole, and may either be paid out of the general revenue fund or by the
issuance of general obligation bonds. No such bonds shall be issued in a
sum exceeding two hundred thousand dollars ($200,000) in any one year.
Sewage disposal works as used herein includes any necessary sewage disposal
plant, sewers and drains from existing outlets to the plant and from the
plant to a creek, ravine or river where sewage may be drained, pumping
plants, force mains, and all appurtenances necessary to construct a
complete disposal works for the disposal of sewage.
History: L. 1927, ch. 126, § 1; L. 1949, ch. 133, § 1; L. 1957, ch. 88, § 7;
L. 1975, ch. 89, § 1; July 1.
12-631u: Same; within or without the city.
The governing body of any such city may construct sewage-disposal works
within the city limits of any city or within five miles of the city limits
of any such city, and such governing body shall have the power and the
authority to construct and maintain sewers and drains, pumps and other
appurtenances thereof, from the corporate limits of said city to any creek,
ravine or river within five miles thereof; and shall have the power and
authority to construct and maintain sewers, drains, pumps and other
appurtenances thereto from any sewage-disposal plant to connect with any
creek, ravine or river within five miles of such disposal plant.
History: L. 1927, ch. 126, § 2; March 15.
12-631v: Same; condemn or purchase lands; consent.
The governing body of any such city shall have the power to condemn or
acquire by purchase lands for the construction of sewage-disposal plants
and lands or any easements therein or rights-of-way necessary for the
construction and maintenance of sewers, drains, pumps and other
appurtenances provided herein: Provided, Any person through whose
lands such sewers or drains may be constructed or upon whose lands such
disposal works may be built, or who would be otherwise damaged, may give
consent thereto in writing, and such writing, without formal
acknowledgment, may be recorded in the office of the register of deeds of
the proper county, and thenceforth the city shall have the same right to
construct such works as though such lands have been formally condemned.
History: L. 1927, ch. 126, § 3; March 15.
12-631w: Sewage disposal works; cost paid by city; bonds.
All the costs and expenses occasioned by the construction of any such
disposal works, including the purchase or condemnation of land therefor
and including the
purchase or condemnation of land for the construction of sewers, drains,
pumps and other appurtenances within or without the city used in connection
with such disposal works, shall be borne by the city as a whole and paid
out of the general revenue fund or by the issuance of internal improvement
bonds. Such bonds shall be issued as provided by law, and shall not be
issued in excess of the amount of the improvement, except that any installment
coupons shall include the interest on such installments to the maturity
thereof. The bonds issued under this act shall not be
included in fixing the limit of the bonded indebtedness of the city issuing
such bonds.
History: L. 1927, ch. 126, § 4; L. 1983, ch. 49, § 43; May 12.
12-631x: Construction and costs of sewage disposal works; payment of
bonds; tax levy, use of proceeds.
The governing body of such city shall provide for the payment of said
bonds and the interest thereon as the same becomes due and payable by
the levy of a general tax on all taxable property in such city. And the
governing body of any such city is hereby authorized to levy an annual
tax on all taxable, tangible property in such city to be used for the purpose
of maintaining and operating sewage-disposal
works and to pay a portion of the principal and interest on bonds issued
by such city under the authority of K.S.A. 12-1774, and amendments thereto.
The revenue derived from such tax, except for an amount to pay
a portion of the principal and interest on bonds issued by such city under
the authority of K.S.A. 12-1774, and amendments thereto, shall be kept in a separate
fund by the city treasurer and shall be used for no other purpose.
History: L. 1927, ch. 126, § 5; L. 1979, ch. 52, § 32; July 1.
12-631y: Delay of assessment of cost by sewer districts; procedure;
payment of interest during delay period; notice; hearing.
(a) The governing body of any sewer district may provide, by resolution,
for the delay of the assessment of the actual cost incurred in the construction
of improvements except for the cost of interest on temporary notes issued
therefor. The delay may not exceed a period of 10 years. The resolution
shall state the period for which the delay is granted and a certified copy
of the resolution shall be filed with the register of deeds. No fee shall
be charged for the filing and the register shall record and index the resolution.
(b) During the period of delay, the governing body annually shall levy
a special assessment against the tangible taxable property within the district
in an amount sufficient to pay the cost of the interest on the temporary
notes. The cost of the interest may be assessed equally per square foot
against all tracts of land within the district or against the assessed value
of the property with or without regard to the buildings or improvements
thereon or in any other reasonable manner.
After the governing body determines the cost of the interest and the assessment
to be made against each tract of land within the district, it shall prepare
an assessment roll. The proposed assessment roll shall be filed with the
county clerk and be open for public inspection. The governing body shall
publish a notice that it will meet to consider the proposed
assessments. The notice shall be published once each week for two consecutive
weeks in the official county newspaper. The second notice shall be published
at least 10 days prior to the meeting and shall state the date, time and
place of the meeting, the cost of the interest, the proposed method of assessment
and that written or oral objections will be considered at the hearing. A
copy of the notice also shall be mailed by prepaid first-class mail at least
10 days prior to the hearing to all landowners made liable to pay the assessments.
The failure of any landowner to receive the notice
shall not invalidate the proceedings. At the meeting or at any adjournment
thereof, the governing body shall hear all objections to each proposed assessment
and may amend the proposed assessments as to any tract of land. The governing
body shall levy the special assessments against the property described in
the assessment roll by the adoption and publication of the appropriate resolution.
The assessment shall become a lien on the property against which the assessment
is made from the effective date of the resolution. Each year thereafter,
the governing body shall determine and apportion the cost of the interest
on the basis it determines and shall levy a special assessment therefor.
Notice of the assessment shall be published once each week for two consecutive
weeks in the official county newspaper.
(c) At the expiration of the period of delay, the governing body of the
district shall determine the total amount of the cost of construction of
the improvement remaining unpaid and shall assess the cost against the tangible
taxable property in the district. The cost may be assessed equally per square
foot against all tracts of land within the district or against the assessed
value of the property with or without regard to the buildings or improvements
thereon or in any other reasonable manner which will result in imposing
substantially equal burdens or shares of cost upon property
similarly benefited. The governing body
shall not be required to assess the cost on the same basis used to assess
the cost of interest under subsection (b).
After the governing body determines the amount of the cost of the improvement
remaining unpaid and the assessment to be made against each tract of land
within the district, it shall prepare an assessment roll. The proposed assessment
roll shall be filed with the county clerk and be open for public inspection.
The governing body shall call and hold a meeting to consider the proposed
assessments. Notice of the meeting shall be given in the same manner provided
in subsection (b). At the meeting or at any adjournment thereof, the governing
body shall hear all objections to each assessment and may amend the proposed
assessments as to any tract of land. The governing body shall levy the special
assessments against the property described in the assessment roll by the
adoption and publication of the appropriate resolution. The special assessment
shall become
a lien on the property against which the assessment is made from the effective
date of the resolution. The resolution shall be published once each week
for two consecutive weeks in the official county newspaper and shall include
a notice stating that at any time within 30 days after the final publication
of the resolution, the assessments may be paid in full without interest.
A copy of the resolution and the notice also shall be mailed by prepaid
first-class mail to all landowners made liable to pay the assessments at
least 10 days prior to the date when the assessments may last be paid in
full without interest. The failure of any landowner to receive the notice
shall not invalidate the apportionment of the cost. If the assessment is
paid in full within the period as to any tract of land, the tract shall
be relieved from any further liability for special assessments therefor.
If within the period an error in the making of the apportionment is discovered
by the governing body, the tract shall be relieved from further liability
for the special assessments to the extent of payment made. The governing
body shall correct the error and in its discretion may reapportion the cost
following the same procedure for apportionment as in the first instance.
After the date on which no more assessments may be paid, the governing
body may issue general obligation bonds for the unpaid amount of the assessments.
The bonds shall be authorized, issued, registered and sold in the manner
provided by the general bond law and shall bear interest at a rate not to
exceed the maximum rate prescribed by K.S.A. 10-1009.
(d) No suit to set aside the assessments or otherwise question the validity
of the proceedings under this section shall be brought after the expiration
of 30 days from the publication of the resolution fixing the assessments.
History: L. 1983, ch. 89, § 1; April 14.
12-631z:
History: L. 2005, ch. 90, § 5;
Repealed, L. 2006, ch. 95, § 4; July 1.
12-632:
History: L. 1909, ch. 92, § 1; R.S. 1923, § 12-632;
L. 1974, ch. 57, § 1;
Repealed, L. 1996, ch. 57, § 1; July 1.
12-633:
History: L. 1909, ch. 92, § 2; R.S. 1923, § 12-633; L. 1963, ch.
234, § 20;
Repealed, L. 1996, ch. 57, § 1; July 1.
12-634:
History: L. 1909, ch. 92, § 3; R.S. 1923, §
12-634; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.
12-635: Authorization of improvements within or without city
limits; eminent domain; federal cooperation; agreements with watershed
or drainage districts.
The governing body of any city of the state of Kansas in, near or
through which flows a natural watercourse, the overflow from which, in
the event of high water, is liable to cause injury to any bridge,
street, alley or public or private property may, in order to prevent
said injury, acquire by eminent domain in the manner prescribed by
K.S.A. 26-501 to 26-516, inclusive, and amendments thereto, gift or
purchase, within said city limits or within ten (10) miles therefrom,
the land and easements necessary: (a) To construct drains, canals and
artificial watercourses, (b) to widen and straighten existing drains and
watercourses, (c) to construct the necessary levees and embankments, (d)
to change and raise the grade of streets and alleys and the approaches
to bridges, and raise said bridges, or construct bridges where
necessary, (e) to widen existing drains, channels and canals, and
acquire the necessary outlets therefor beyond the limits of the city, or
(f) to cause any and all other necessary work, construction and
improvements to be made to protect said city and public and private
property therein located from floods and damage by overflow of said
natural and artificial watercourses.
The governing body of any city proceeding under this act is hereby
authorized: (a) To enter into contracts or agreements with the United
States army corps of engineers or any other agency or agencies of the
federal government that may be necessary in order to cooperate with the
federal government and its agencies; and such contract or agreement
shall provide that the city will maintain, repair and operate the flood
control works; (b) to enter into contracts or agreements to furnish all
of the necessary lands, rights-of-way and easements without cost to the
federal government; (c) to enter into contracts or agreements relieving
the federal government from any liability and damage to persons or
property resulting from construction of the flood control works or
resulting after the completion thereof; (d) to enter into contracts or
agreements with watershed or drainage districts that may be necessary in
order to cooperate with such watershed or drainage districts in matters
relating to flood control and drainage. No provision of this act shall
be construed to affect the power of drainage districts now organized
under the provisions of chapter 24, of the Kansas Statutes Annotated,
and amendments thereto.
History: L. 1917, ch. 87, § 1; R.S. 1923, § 12-635; L. 1925,
ch. 95, § 1; L. 1929, ch. 107, § 1; L. 1937, ch. 114, § 1; L. 1943,
ch. 86, § 1; L. 1947, ch. 109, § 1; L. 1953, ch. 61, § 1; L. 1963,
ch. 234, § 21; L. 1978, ch. 57, § 1; March 28.
12-636: Same; resolution;
engineer's estimate and report.
Before making the improvements mentioned in K.S.A. 12-635 and amendments
thereto, the governing
body of the city, by resolution duly passed, shall declare it necessary
for the public good and convenience that the property
described in the resolution be protected from the overflow of
the watercourse and shall
require a competent engineer to make a survey thereof and file the same
with the city clerk of the city with maps and profiles of
the survey and
a full and complete plan of protecting the property from the
overflow or damage by water of the watercourse and also the physical
characteristics
and location of any right-of-way, roadbed, bridge or bridges, streets and
alleys and other property liable to be injured or damaged by the overflow
of the watercourse. The engineer shall also make an
estimate of the
cost of the entire work and improvement required to protect the property,
showing the several items of the same. The engineer shall inspect and
examine all lots and buildings thereon, rights-of-way, roadbeds, bridges,
culverts, depot grounds, grades, streets, and all railroads, telephone and
telegraph and other property liable to be injured or damaged by the
overflow of the watercourse. The engineer shall file a report, in duplicate,
with the city clerk. Upon the approval of engineer's report by the governing
body of the city, the city
clerk of the city shall immediately cause one
copy of the engineer's report to be filed with the
chief engineer of the division of water resources of the Kansas
department of agriculture.
History: L. 1917, ch. 87, § 2; R.S. 1923, § 12-636;
L. 1995, ch. 116, § 1;
L. 2004, ch. 101, § 61; July 1.
12-637: Same; review of engineer's report by chief engineer; approval or
disapproval.
Upon the city's filing a report with the chief engineer pursuant to K.S.A.
12-636 and amendments
thereto, the chief engineer shall carefully examine the report
and, if the chief engineer determines it necessary,
shall make a personal investigation as to the
location of the contemplated improvements, the costs of making the improvements
and whether the improvements will accomplish the purpose for which
they are intended. The chief engineer shall then approve
or disapprove the report and immediately notify the city engineer of the
approval or disapproval.
History: L. 1917, ch. 87, § 3; R.S. 1923, § 12-637;
L. 1995, ch. 116, § 2; July 1.
12-638: Same; eminent domain proceedings; advertising for bids.
Upon the approval of the engineer's report by the governing body of the city
and the division of water resources, the governing body of the city, if
property is to be
condemned, shall proceed to exercise the power of eminent domain in
accordance with K.S.A. 26-501 through 26-516, and amendments
thereto, and
shall have the right to advertise for bids and enter into a contract for the
improvements. Whenever a contract or agreement has been entered
into by the United States army corps of engineers or any other federal
agency or agencies and the city, or by a watershed or drainage district
and the city, or the federal agency or agencies or a watershed or
drainage district is willing to enter into the contract with the
governing body of the city, for the construction of flood control
improvements, the governing body of the city shall not be required to
advertise for bids for the construction of the flood control works.
History: L. 1917, ch. 87, § 4; R.S. 1923, § 12-638; L. 1947,
ch. 109, § 2; L. 1953, ch. 61, § 2; L. 1963, ch. 234, § 22; L.
1978, ch. 57, § 2;
L. 1995, ch. 116, § 3; July 1.
12-639:
History: L. 1917, ch. 87, § 5; R.S. 1923, §
12-639; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.
12-640: Same; objection to appraiser's report; notice and hearing.
At the next meeting, regular or special, of the governing body of said
city, after the filing of the report of said appraisers, said governing
body shall fix a time and place for the hearing of all objections to the
report of said appraisers. Said governing body shall give notice thereof by
causing a publication to be published once in the official city paper at
least ten days before the date set for said hearing.
History: L. 1917, ch. 87, § 6; April 5; R.S. 1923, § 12-640.
12-641: Same; hearing on report.
At the time and place fixed in said notice, the governing body shall
meet for the hearing of objections. If they shall find that due notice has
not been given as required by this act, they shall continue the hearing to
a date to be fixed by them and order the publication of the notice as
hereinbefore provided; and when they shall find that due notice has been
given, they shall proceed to hear any and all objections that may have been
filed as to the final amount of damage awarded by said assessors against
each lot, tract or parcel of land or other property, and to that end they
may confirm, approve, modify or amend the report of said appraisers in any
particular, and when they have, in said manner, adjusted, equalized and
determined the amount of damage to the lands and other property as above
required, less the benefits accruing thereto, they shall enter an order
confirming the same. Said hearing may be adjourned from time to time as
said governing body may determine.
History: L. 1917, ch. 87, § 7; April 5; R.S. 1923, § 12-641.
12-642: Same; time for objections to report.
All objections to the report of said appraisers must be in writing and
filed with the city clerk of said city forty-eight hours prior to the time
fixed for the hearing of the same.
History: L. 1917, ch. 87, § 8; April 5; R.S. 1923, § 12-642.
12-643: Same; appeal to district court;
bond; transcript, filing.
Any person, firm or corporation who has filed objections and had a
hearing as herein provided, feeling aggrieved by the decision and
judgment of the governing body, may appeal to the district court of the
county in which said city is situated upon giving a bond, payable to
the city and any owner of property liable to be injured and conditioned
that in the event that the amount of the judgment recovered is not
greater than the damage allowed by said city, they will pay all damages
which may accrue to the city and to the property liable to be injured by
reason of the overflow of said watercourse caused by delay in making
improvements by reason of the appeal. The bonds shall be approved by and
filed with the city clerk within ten days after the rendition of the
decision appealed from.
Within twenty days after the filing of the bond, said city clerk
shall make and file a transcript of said hearing, together with all the
papers relating thereto, with the clerk of the district court. Upon the
filing of the transcript and bond, the district court shall have
jurisdiction of the cause and the same shall be docketed and filed as in
appeals in other civil actions. The district court shall hear all
competent evidence as to benefits received and damages sustained for
said improvements. All objections that shall be filed shall be heard and
determined by the court as one proceeding and only the one transcript of
the final order of the governing body of said city shall be required.
The clerk of the district court, upon the rendition of said judgment,
shall forthwith certify the decision of the court to the governing body
of said city, who shall take such action as may be rendered necessary by
such decision.
History: L. 1917, ch. 87, § 9; R.S. 1923, § 12-643; L. 1977,
ch. 105, § 1; July 1.
12-644: Overflow of natural watercourses; bonds of city.
In order to provide for the payment of the costs of flood control
improvements
and the damages occasioned by reason thereof, the governing body of
the city may issue internal improvement bonds of the city as provided by law.
Such internal improvement bonds may be general obligation bonds of
the city if the city is proceeding under K.S.A. 12-635 to 12-646a, inclusive,
and amendments thereto. Such bonds shall not be issued in an amount in
excess of the contract price of the work improvement, plus the total amount
of damage allowed for injury to property and the cost of the right-of-way
as determined by article 2 of chapter 26 of Kansas Statutes Annotated or
K.S.A. 12-639 to 12-643,
inclusive, and amendments thereto, except that any installment coupons shall
include the interest of such installments to the maturity thereof.
History: R.S. 1923, § 12-644; L. 1947, ch. 109, § 3; L. 1951,
ch. 130, § 1; L. 1983, ch. 49, § 44; May 12.
12-645: Same; appraisers; special benefit assessments; general tax
levy, when.
The governing body shall appoint three disinterested householders of the
said city to appraise any special benefits that may accrue to any property
by reason of said improvements being made. Said appraisers, before entering
upon their duties, shall first take and subscribe to an oath to faithfully
perform their duties as such appraisers and shall personally view, inspect
and examine all lots and pieces of land liable to be specially benefited by
said improvement being made. If in their judgment, the improvement
benefits the city generally, said appraisers shall report the same to the
governing body.
The governing body shall have the power to approve or reject the report
of such appraisers. If such report of the appraisers is approved by such
governing body, then the cost of the improvement shall be assessed against
the city generally, and said governing body shall provide for the payment
of the bonds issued hereunder and the interest thereon as the same becomes
due and payable by the levy of a general tax on all of the taxable property
of said city. If such report is disapproved by the governing body it shall
discharge said appraisers and appoint three new appraisers who shall
qualify and proceed as herein provided. If, in their judgment, any lots and
pieces of land will be specially benefited by said improvement being made,
other than the benefits to the city generally, said appraisers shall report
the same to the governing body, listing the lots and pieces of land
specially benefited and the amount of special benefit to each.
The same notices, public hearings, time for objections and appeals shall
apply to the report assessing special benefits as provided for the report
of appraisers to assess damages as provided in K.S.A. 12-639 to 12-643. The
governing body shall have the power to revise and correct said report if in
its judgment any benefit appraised to a lot or piece of land is too much or
too small, and when so revised, corrected and approved by the governing
body, the special benefits so ascertained shall be assessed against each
lot and piece of land and collected the same as special taxes for sewers
are collected: Provided, That should the benefits so ascertained
exceed the cost of the improvement, a pro rata reduction shall be made to
each lot and piece of land, so that the total assessments shall equal the
cost of the improvement; and should the benefits so ascertained be less
than the cost of the improvement, the remainder of the cost shall be
assessed against the city generally, and said governing body shall provide
for the payment of the said city at large portion of said bonds and the
interest thereon as the same becomes due and payable, by the levy of a
general tax on all the taxable property in said city.
History: L. 1917, ch. 87, § 11; R.S. 1923, § 12-645; L. 1927, ch. 99, § 1; L.
1951, ch. 130, § 2; March 9.
12-646: Same; bond limitations
inapplicable, when.
Bonds issued under the provisions of this act shall not be included in fixing
the limit of bonded indebtedness of cities of the second class. Bonds issued
under the provisions of this act shall not be included in fixing the limit
of bonded indebtedness of cities of the third class if the question of the
issuance of such bonds has been submitted to and approved by a majority
of the qualified electors of such city voting thereon at an election noticed,
called and held in the manner provided in K.S.A. 10-120.
History: L. 1917, ch. 87, § 12; R.S. 1923, § 12-646; L. 1976,
ch. 72, § 1; April 5.
12-646a: Flood control works; maintenance and operation; tax levy, use
of proceeds.
For the purpose of maintaining and operating any flood control works or
dikes heretofore or hereafter constructed with or without the assistance
of the U.S. army corps of engineers or any other agency of the federal
government and to pay a portion of the principal and interest on bonds issued
by such city under the authority of K.S.A. 12-1774, and amendments thereto,
the governing body of any city is hereby authorized and
empowered to levy annually a tax upon all the tangible taxable property
within said city. It shall be the duty of the governing body of any city
having such flood control works or dikes to keep the same in serviceable
condition and to make such repairs thereon as may be necessary from time
to time.
History: L. 1947, ch. 129, § 1; L. 1970, ch. 69, § 6; L.
1975, ch. 494, § 5; L. 1979, ch. 52, § 33; July 1.
12-646b: City of Halstead authorized to establish a flood control improvements fund.
(a) The governing body of the city of Halstead, Kansas,
may establish, by adoption of an ordinance, a flood control improvements fund.
The ordinance establishing such fund, and any amendments thereto, may
provide for the budgeted transfer of moneys from other city funds lawfully available for
improvement purposes to the flood control improvements fund, including moneys in
the city's federal general revenue sharing fund and general fund. The
governing body of the city is hereby authorized to levy a tax upon all
tangible taxable property within the city to finance any flood control
improvements authorized pursuant to K.S.A. 12-635 to 12-646a, inclusive,
and amendments thereto. Revenue derived from such levy shall be deposited
in the flood control improvements fund. Any
general property tax specifically levied for the use of such fund shall be
authorized by ordinance adopted under the provisions of section 5 of
article 12 of the Kansas constitution.
(b) Moneys in the flood control improvements fund may be used to finance, in
whole or in part, any flood control improvement
authorized pursuant to K.S.A. 12-635 to 12-646a, inclusive, and amendments
thereto, and any other costs or expenses incurred thereunder. The ordinance may provide
that disbursements from such fund may be made for engineering and other
advance flood control improvement plans and studies and that reimbursements may
be made to the fund from bond proceeds, special
assessments or state or federal aid available for the completed project.
(c) Except for such reimbursed expenses, no moneys shall be credited to
such special fund except as may be budgeted annually, or transferred by the
annual budget from
other funds. Such fund shall not thereafter be subject to the
provisions of K.S.A. 79-2925 to 79-2937, inclusive, and amendments thereto.
In making the budget of the city, the amounts credited to, and the
amount on hand in, such special fund and the amount expended therefrom
shall be shown thereon for the information of the taxpayers of the city.
Moneys in such fund may be invested in accordance with the provisions of
K.S.A. 10-131, and amendments thereto, with interest thereon credited to such fund.
(d) If the governing body of the city determines that money which has
been transferred to such special fund or any part thereof is not needed for
the purposes for which so transferred, the governing body, by adoption of
a resolution, may transfer such amount not needed to the general or other
fund from which it was derived and such transfer and expenditure thereof
shall be subject to the budget requirement provisions of K.S.A. 79-2925 to
79-2937, inclusive, and amendments thereto.
History: L. 1986, ch. 63, § 1; April 24.
12-647:
History: L. 1921, ch. 92, § 1; R.S. 1923, §
12-647; L. 1927, ch. 100, § 1; Repealed, L. 1975, ch. 349, §
2; July 1.
12-648:
History: R.S. 1923, § 12-648; L. 1927, ch. 100, §
2; Repealed, L. 1975, ch. 349, § 2; July 1.
12-649:
History: L. 1921, ch. 92, § 3; R.S. 1923, §
12-649; L. 1927, ch. 100, § 3; Repealed, L. 1975, ch. 349, §
2; July 1.
12-650:
History: L. 1921, ch. 92, § 4; R.S. 1923, §
12-650; Repealed, L. 1975, ch. 349, § 2; July 1.
12-651:
History: L. 1921, ch. 92, § 5; R.S. 1923, §
12-651; Repealed, L. 1975, ch. 349, § 2; July 1.
12-652:
History: L. 1921, ch. 92, § 6; R.S. 1923, §
12-652; L. 1927, ch. 100, § 4; Repealed, L. 1975, ch. 349, §
2; July 1.
12-653:
History: R.S. 1923, § 12-653; Repealed, L. 1975, ch. 349, §
2; July 1.
12-654, 12-655:
History: L. 1921, ch. 92, §§ 8, 9; R.S. 1923, §§
12-654, 12-655; Repealed, L. 1975, ch. 349, § 2; July 1.
12-655a:
History: L. 1927, ch. 100, § 5; Repealed, L. 1975, ch. 349, §
2; July 1.
12-655b:
History: L. 1933, ch. 246, § 1; Repealed, L. 1965, ch. 95, §
1; June 30.
12-656:
History: L. 1913, ch. 89, § 1; L. 1915, ch. 121, § 1; R.S. 1923,
§ 12-656; Repealed, L. 1959, ch. 69, § 1; June 30.
12-657:
History: L. 1913, ch. 89, § 2; R.S. 1923, §
12-657; Repealed, L. 1959, ch. 69, § 1; June 30.
12-658:
History: L. 1913, ch. 89, § 3; R.S. 1923, §
12-658; Repealed, L. 1959, ch. 69, § 1; June 30.
12-659:
History: R.S. 1923, § 12-659; Repealed, L. 1959, ch. 69, §
1; June 30.
12-660:
History: L. 1913, ch. 89, § 4; L. 1915, ch. 120, §
1; L. 1923, ch. 80, § 1; R.S. 1923, §
12-660; Repealed, L. 1959, ch. 69, § 1; June 30.
12-661, 12-662:
History: L. 1913, ch. 89, §§ 5, 6; R.S. 1923, §§
12-661, 12-662; Repealed, L. 1959, ch. 69, § 1; June 30.
12-663:
History: R.S. 1923, § 12-663; Repealed, L. 1959, ch. 70, §
1; June 30.
12-664:
History: L. 1915, ch. 127, § 2; R.S. 1923, §
12-664; Repealed, L. 1959, ch. 70, § 1; June 30.
12-665:
History: L. 1911, ch. 121, § 1; R.S. 1923, § 12-665;
Repealed, L. 1996, ch. 59, § 1; July 1.
12-666:
History: L. 1911, ch. 121, § 2; L. 1913, ch. 78,
§ 1; R.S. 1923,
§ 12-666; L.
1947, ch. 110, § 1; L. 1970, ch. 82, § 12; L.
1975, ch. 494, § 6;
Repealed, L. 1996, ch. 59, § 1; July 1.
12-667: Levy of assessments in installments.
Whenever in the judgment of the governing body of any city the special
assessments on any lot or piece of land within a benefit district created
by such city would be burdensome if collected in one installment, the said
governing body may levy the amount of said special assessment in not to
exceed ten (10) annual installments together with interest at not to exceed
the maximum rate of interest prescribed by K.S.A. 10-1009 upon the whole
amount remaining due and unpaid each year.
History: R.S. 1923, § 12-667; L. 1970, ch. 64, § 99;
March 21.
12-668:
History: R.S. 1923, § 12-668; Repealed, L. 1951, ch. 131, §
1; June 30.
12-669, 12-670:
History: L. 1919, ch. 146, §§ 1, 2; R.S. 1923, §§
12-669, 12-670; Repealed, L. 1965, ch. 96, § 1; June 30.
12-671: Land for streets and alleys; bond issue; tax levy.
When the governing body of any city shall deem it necessary in order to
pay for lands hereafter or heretofore appropriated or purchased for
opening, widening, or extending any street or alley it may issue and sell
to obtain funds therefor the negotiable bonds of such city in a sum not to
exceed the cost thereof. Said board shall levy and certify to the county
clerk, to be placed upon the tax rolls, a tax sufficient to pay the
interest on said bonds and the principal at maturity.
History: R.S. 1923, § 12-671; L. 1957, ch. 89, § 1; June 29.
12-672: Docks, wharves, and river terminals.
Any city in the state of Kansas shall have and is hereby vested with
full power and authority to acquire, by gift, purchase or condemnation,
sites, and to own, construct, maintain, operate or lease out docks, wharves
and river terminals; to provide suitable buildings and equipment for the
accommodation of passengers and for the handling, storage, transportation
and delivery of freight, express and mail; to make suitable charges for its
services; to provide adequate police protection, and from time to time, by
ordinance, to establish such rules and regulations and to employ such
agency or agencies as may be needful and proper to carry out the powers
hereby granted.
History: L. 1929, ch. 115, § 1; Feb. 21.
12-673: Same; bonds, terms.
Said cities shall have the power to issue bonds to pay for any lands
acquired, and the wharves and improvements constructed thereon, when
authorized by a vote of the people at a general election or any special
election held for that purpose, and said bonds to be serial bonds over a
period not to exceed thirty (30) years, and to bear interest not to
exceed the maximum rate of interest prescribed by K.S.A. 10-1009. Bonds
issued in pursuance of this act shall
never exceed one percent (1%) of the assessed valuation of said city.
History: L. 1929, ch. 115, § 2; L. 1970, ch. 64, § 9; L. 1978,
ch. 99, § 10; April 25.
12-674:
History: L. 1933, ch. 33, § 1 (Special
Session); Repealed, L. 1959, ch. 68, § 1; June 30.
12-675, 12-676:
History: L. 1935, ch. 100, §§ 1, 2;
Repealed, L. 1963, ch. 74, § 1; June 30.
12-677:
History: L. 1935, ch. 102, § 1; L. 1941, ch. 104, §
1; Repealed, L. 1957, ch. 90, § 1; June 29.
12-678:
History: L. 1935, ch. 102, § 2; Repealed, L. 1959, ch. 68, §
1; June 30.
12-679, 12-680:
History: L. 1941, ch. 113, §§ 1, 2;
Repealed, L. 1973, ch. 58, § 1; July 1.
12-681: Certain street and alley improvement in second-class cities
and first-class cities under 50,000; resolution; bonds; limitations.
The governing body of all cities of the first class having a population
of less than fifty thousand inhabitants and cities of the second class are
hereby authorized and empowered to recurb, regutter, resurface or repave,
including necessary drainage facilities, any street or alley or any portion
thereof when said street or alley has by reason of public travel thereon or
by reason of the elements become in need of surface restoration or other
construction and improvement, and the governing body shall have the power
to determine such need, and when the governing body determines that the
making of such improvements is deemed expedient it may by resolution so
declare the necessity therefor and cause said improvement to be made.
The cost of said recurbing, reguttering, resurfacing or repaving, shall
be borne by the city at large, and the governing body of said city is
hereby empowered to issue general improvement bonds for the purpose of
raising funds for making such improvements in an amount not exceeding the
total cost of said improvement: Provided, That the total amount of
bonds issued for such improvements in any one year shall not exceed an
amount equal to one-third of one percent of the assessed tangible valuation
of such city, except that in such cities of the first class said amount
shall not exceed one-half of one percent of said valuation: Provided
further, That bonds for such improvements shall not be outstanding at
any one time in an amount in excess of one percent of such assessed
tangible valuation, except that in such cities of the first class said
amount shall not exceed one and one-half percent of said valuation.
No street or alley or any portion thereof shall be recurbed, reguttered,
resurfaced or repaved under the provisions of this act until at least ten
years shall have elapsed, subsequent to the date of completion of such
original improvement.
History: L. 1941, ch. 109, § 1; L. 1945, ch. 96, § 1; June 28.
12-682: Same; election; notice.
The provisions of this act shall not apply to any city, unless and
until the question of the adoption of the provisions of this act by such
city shall have been submitted to the qualified electors of the city at
any regular city election for their approval or rejection and a
majority of those voting on the question vote in favor of
the adoption of the provisions of this act. The governing body of the city
may submit the question of the
adoption of the provisions of this act to the electors of such city at
any such election, notice of which shall be given by publication in the
official city paper once each week for two consecutive weeks, with the last
publication not less than five days prior to such
election. Such notice shall contain a copy of the proposition to be
voted upon.
History: L. 1941, ch. 109, § 2; L. 1981, ch. 173, § 15; July 1.
12-683:
History: L. 1949, ch. 121, § 1; L. 1951, ch. 132, §
1; Repealed, L. 1959, ch. 71, § 1; June 30.
12-684:
History: L. 1955, ch. 85, § 1; L. 1963, ch. 75, §
1; L. 1967, ch. 85, § 1; Repealed, L. 1975, ch. 94, § 1; July 1.
12-685: Designation of main trafficways.
The governing body of any city is hereby authorized and empowered to
designate and establish, by ordinance as a main trafficway any existing or
proposed street, boulevard, avenue or part thereof, within such city, the
primary function of which is, or shall be, the movement of through traffic
between areas of concentrated activity within the city or between such
areas within the city and traffic facilities outside the city performing
the function of a major trafficway. Such designation by the governing body
shall be final and conclusive.
History: L. 1959, ch. 71, § 1; June 30.
12-686: Same; designating trafficway connections with main
trafficways; right-of-way.
Whenever in the judgment of the governing body of any city which has
designated and established main trafficways under the provisions of this
act, it is necessary to provide adequate connections with or between any
main trafficways of said city or for the purpose of relieving traffic
congestion at certain points on said main trafficways, said governing body
is hereby authorized and empowered to designate and establish, by
ordinance, certain portions of existing streets, boulevards, avenues or
viaducts as trafficway connections or to acquire by purchase or
condemnation the necessary right-of-way for such purposes and designate and
establish the same as trafficway connections, and to connect any street,
boulevard, avenue or viaduct with any of the main trafficways and/or
connect any two (2) main trafficways and designate and establish the same
as trafficway connections. Such designation by the governing body shall be
final and conclusive.
History: L. 1959, ch. 71, § 2; June 30.
12-687: Same; improving trafficways and connections.
The governing body of such city shall have power to improve or reimprove
or cause to be improved or reimproved, any main trafficway or trafficway
connection designated and established under the provisions of this act.
Such improvement or reimprovement may include grading, regrading, curbing,
recurbing, guttering, reguttering, paving, repaving, macadamizing,
remacadamizing, constructing, reconstructing, opening, widening, extending,
rounding corners, straightening, relocating, building any necessary bridges
and approaches thereto, viaducts, overpasses, underpasses, culverts and
drainage, trafficway illumination, traffic control devices, pedestrian
ways, or other improvements, or any two (2) or more of such improvements or
reimprovements and the acquisition of right-of-way by purchase or
condemnation when necessary for any of such purposes. The governing body
may also employ highway and traffic engineering assistance when necessary
to the proper development and planning of such improvement or
reimprovement.
History: L. 1959, ch. 71, § 3; June 30.
12-688:
History: L. 1959, ch. 71, §
4; Repealed, L. 1981, ch. 173, §
85; July 1.
12-689: Same; costs; how paid.
All costs of improvements or reimprovements authorized under the
provisions of this act, including acquisition of right-of-way, engineering
costs, and all other costs properly attributable to such projects shall be
paid by the city at large from the general improvement fund, general
revenue fund, internal improvement fund, or any other fund or funds
available for such purposes, or by the issuance of general improvements
bonds.
History: L. 1959, ch. 71, § 5; June 30.
12-690: Same; supplemental.
This act shall be supplemental to all other acts relating to the
improvement of streets, and shall not prevent the use of other statutes for
the improving of any such street, boulevard or avenue.
History: L. 1959, ch. 71, § 6; June 30.
12-691: Certain county and city agreements with federal agencies on
recreational facilities along rivers.
Any county or city in which the corps