Kansas Statutes

Chapter 13: Cities Of The First Class

PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS

Article 10: Public Improvements

Statutes:

• 13-1001:
• 13-1002:
• 13-1003:
• 13-1004:
• 13-1005:
• 13-1006:
• 13-1007:
• 13-1008:
• 13-1008a:
• 13-1008b, 13-1008c:
• 13-1008d: Sidewalks in cities of 60,000 or more; special assessments.
• 13-1008e: Same; petition; resolution.
• 13-1008f: Same; how cost assessed.
• 13-1008g: Same; payment in full by property owner; notice; bond issue.
• 13-1008h: Same; how assessment levied; temporary notes.
• 13-1009:
• 13-1010: Connecting street with paved road; assessments.
• 13-1011: Street and alley improvements; resolution; assessments; petition, when; bonds; notice of assessment; cancellation of proceedings, when.
• 13-1011a:
• 13-1011b:
• 13-1011c:
• 13-1011d:
• 13-1011e:
• 13-1011f: Improvement of streets abutting school grounds; bonds.
• 13-1012:
• 13-1013: System of sewerage and drainage; districts; cost; assessments.
• 13-1014: Right-of-way for sewerage.
• 13-1015: Condemnation of right-of-way.
• 13-1016: Consent to acquisition of way; cost of condemnation.
• 13-1017: Estimate of cost of improvements; contracts; bids; bond issue, when.
• 13-1018f: Cities of 95,000; system of sewage-disposal works; cost; bonds.
• 13-1018g: Same; duties and authority of governing body.
• 13-1018h: Same; right to acquire land.
• 13-1018i: Cities of 95,000 or more; sewage-disposal works; cost; bonds.
• 13-1018j: Same; tax levy; election; when; when charges to be made for use of system.
• 13-1018k: Same; invalidity of part.
• 13-1018l: Cities over 120,000; sewers on publicly owned ground; bonds; limitations.
• 13-1019:
• 13-1020:
• 13-1021:
• 13-1022:
• 13-1023: For what purposes private property may be purchased or condemned.
• 13-1024:
• 13-1024a: General improvements and land therefor; borrowing money and bond issues; when election required.
• 13-1024b: Same; construction of bridge or viaduct within or without city; agreements with other bodies; acquisition of land; bonds; election, when; tax levies; payment of county's share.
• 13-1024c: Cities over 200,000; issuance of bonds for public improvements; limitation.
• 13-1025:
• 13-1025a:
• 13-1025b to 13-1025m:
• 13-1026: Bridges or viaducts in cities over 60,000; bonds.
• 13-1026a:
• 13-1027:
• 13-1028:
• 13-1029: Sewer districts for pumping stations and sewers; assessments and bonds.
• 13-1030: Same; condemnation, bonds and assessments for sewer right of way.
• 13-1031:
• 13-1032 to 13-1035:
• 13-1035a:
• 13-1036:
• 13-1037:
• 13-1038: Street improvements; resolution; bonds.
• 13-1039: Same; making of such improvements.
• 13-1040: Same; costs; assessments; bonds (cities between 15,000 and 110,000).
• 13-1041:
• 13-1042: Reimprovement of streets in cities of over 95,000.
• 13-1043:
• 13-1044:
• 13-1045, 13-1046:
• 13-1047:
• 13-1048:
• 13-1049 to 13-1051:
• 13-1052:
• 13-1053:
• 13-1054:
• 13-1055a: Sanitary interceptor or main storm sewers or drains in first-class cities; expenses and plans for construction; bids.
• 13-1055b: Same; bonds; limitations; retirement.
• 13-1056: Cities of 25,000; floodgates in sewers; intercepting sewers; pumping plants.
• 13-1057: Same; bonds; limitation.
• 13-1057a:
• 13-1057b: Cities less than 11,500 and cities between 17,500 and 25,000; storm sewers or drains.
• 13-1057c: Same; expense paid by city.
• 13-1057d: Same; bonds.
• 13-1057e: Same; powers of governing body.
• 13-1058:
• 13-1059:
• 13-1060:
• 13-1061 to 13-1063:
• 13-1064:
• 13-1065:
• 13-1066:
• 13-1067:
• 13-1068:
• 13-1069 to 13-1072:
• 13-1073:
• 13-1074: Authority to lease levee property in cities over 100,000.
• 13-1075: Same; purpose; term.
• 13-1076: Same; reservations.
• 13-1077: Same; improvements to be approved by governing body.
• 13-1078:
• 13-1078a:
• 13-1079:
• 13-1080 to 13-1082:
• 13-1083:
• 13-1084:
• 13-1085:
• 13-1086:
• 13-1087:
• 13-1088:
• 13-1088a, 13-1088b:
• 13-1089:
• 13-1090, 13-1091:
• 13-1092:
• 13-1092a to 13-1092e:
• 13-1092f:
• 13-1092g:
• 13-1092h:
• 13-1092i:
• 13-1093:
• 13-1093a:
• 13-1094:
• 13-1095:
• 13-1096:
• 13-1097, 13-1098:
• 13-1099:
• 13-10,100:
• 13-10,100a, 13-10,100b:
• 13-10,101:
• 13-10,102 to 13-10,106:
• 13-10,107: Sewers and sewage disposal outside certain cities; contracts; benefit district, conditions.
• 13-10,108: Same; eminent domain; bonds.
• 13-10,109: Same; special assessments; regulation by city.
• 13-10,110 to 13-10,114:
• 13-10,115: Major traffic streets in certain cities in counties over 120,000; resolution; protests; election; temporary notes and bonds; special assessments and payments by city.
• 13-10,116: Same; state and federal cooperation.
• 13-10,117: Same; what improvements include.
• 13-10,118: Same; act is supplemental.
• 13-10,119: Cities of 60,000 or more; repair of paved streets; cost estimate.
• 13-10,120: Same; contracts; equipment.
• 13-10,121: Same; bonds.
• 13-10,122: Same; limitations.
• 13-10,123: Cities between 120,000 and 200,000; repair of paved streets; cost estimate.
• 13-10,124: Same; contracts; equipment.
• 13-10,125: Same; bonds.
• 13-10,126: Same; limitation.
• 13-10,127:
• 13-10,128: Storm drainage districts in cities between 100,000 and 150,000 and in cities in urban area counties.
• 13-10,129: Ordinance creating district, required provisions; filing of copies.
• 13-10,130: Same; establishment of program; costs, how paid.
• 13-10,131: Same; fund, uses.
• 13-10,132: Same; tax levies.
• 13-10,133: Same; bonds; protest petition; election provisions.
• 13-10,140: Establishment of special improvement fund by certain cities; amount; expenditures, purposes, conditions and limitations; certain moneys may be credited to fund.
• 13-10,141: Property damaged in certain cities by flood; reconstruction or repair; tax levy, use of proceeds; election required.
• 13-10,142: Same; disposition of moneys; use.
• 13-10,143:

• 13-1001:

        History:   L. 1903, ch. 122, § 137; R.S. 1923, § 13-1001; Repealed, L. 1959, ch. 82, § 1; June 30.

• 13-1002:

        History:   L. 1903, ch. 122, § 138; R.S. 1923, § 13-1002; L. 1937, ch. 130, § 1; Repealed, L. 1941, ch. 103, § 16; June 30.

• 13-1003:

        History:   L. 1903, ch. 122, § 139; L. 1911, ch. 94, § 1; R.S. 1923, § 13-1003; Repealed, L. 1941, ch. 103, § 16; June 30.

• 13-1004:

        History:   L. 1903, ch. 122, § 140; R.S. 1923, § 13-1004; Repealed, L. 1941, ch. 103, § 16; June 30.

• 13-1005:

        History:   R.S. 1923, § 13-1005; Repealed, L. 1941, ch. 103, § 16; June 30.

• 13-1006:

        History:   R.S. 1923, § 13-1006; Repealed, L. 1941, ch. 103, § 16; June 30.

• 13-1007:

        History:   R.S. 1923, § 13-1007; Repealed, L. 1941, ch. 103, § 16; June 30.

• 13-1008:

        History:   L. 1903, ch. 122, § 143; R.S. 1923, § 13-1008; Repealed, L. 1941, ch. 103, § 16; June 30.

• 13-1008a:

        History:   L. 1939, ch. 123, § 1; L. 1945, ch. 112, § 1; L. 1953, ch. 80, § 1; Repealed, L. 1981, ch. 79, § 1; July 1.

• 13-1008b, 13-1008c:

        History:   L. 1951, ch. 167, §§ 1, 2; Repealed, L. 1975, ch. 87, § 1; July 1.

• 13-1008d: Sidewalks in cities of 60,000 or more; special assessments. Any city of the first class having a population of not less than sixty thousand (60,000) is authorized to construct sidewalks within the city and to levy special assessments therefor upon the owners of lots and tracts abutting thereon.

        History:   L. 1955, ch. 111, § 1; June 30.

• 13-1008e: Same; petition; resolution. Whenever a petition signed by persons owning not less than fifty percent (50%) of the real estate abutting the proposed sidewalk construction praying for the construction of a sidewalk or sidewalks in the area proposed, is filed with the city clerk, the governing body may, in its discretion, by resolution, order such sidewalk or sidewalks constructed.

        History:   L. 1955, ch. 111, § 2; June 30.

• 13-1008f: Same; how cost assessed. The cost of all sidewalks constructed under the provisions of this act shall be assessed to the property abutting on such sidewalks.

        History:   L. 1955, ch. 111, § 3; June 30.

• 13-1008g: Same; payment in full by property owner; notice; bond issue. When a sidewalk or sidewalks has or have been constructed and where special assessments must be levied for the expense thereof, the governing body shall, as soon as the cost is ascertained, levy an assessment against the lots or pieces of land chargeable therefor, by ordinance, and the property owner shall have thirty (30) days after the publication of the ordinance within which to make full payment of the assessment. The city clerk shall mail a notice not less than fifteen (15) days prior to the end of the thirty (30) days to the owner of the property as shown on the records of the office of the register of deeds, but failure of the owner to receive notice shall not affect the validity of the assessment. The governing body of said city may issue bonds in the manner provided in the general bond law to finance the unpaid balance of any such special assessments.

        History:   L. 1955, ch. 111, § 4; June 30.

• 13-1008h: Same; how assessment levied; temporary notes. The assessment for construction of such sidewalks shall be levied as provided for in K.S.A. 12-1811, 12-1812 and 12-1814, and any amendments thereto: Provided, That temporary notes may be issued during the construction of such sidewalks and before the issuance of sidewalks bonds.

        History:   L. 1955, ch. 111, § 5; June 30.

• 13-1009:

        History:   R.S. 1923, § 13-1009; Repealed, L. 1975, ch. 88, § 1; July 1.

• 13-1010: Connecting street with paved road; assessments. The governing body of any city of the first class may by resolution when it may be deemed necessary, curb, gutter, pave, macadamize or grade any street to a distance of one half of a mile so as to connect that portion of the street already improved with a road outside the city which has been macadamized, and levy special assessments to pay for same, without regard to any protest that may be filed by parties affected thereby.

        History:   L. 1917, ch. 96, § 1; Feb. 20; R.S. 1923, § 13-1010.

• 13-1011: Street and alley improvements; resolution; assessments; petition, when; bonds; notice of assessment; cancellation of proceedings, when. (a) When the governing body deems it necessary to grade, regrade or improve any street, lane, avenue or alley, or any part thereof, within the limits of the city, for which a special tax is to be levied, such governing body shall by resolution declare the work or improvement necessary to be done. Such resolution shall be published once in the official paper of the city. If the resident owners of more than 1/2 the property liable for taxation therefor do not, within 20 days from the mailing of notice pursuant to subsection (f), file with the clerk of the city their protest against the work or improvement, the governing body shall have power to cause such work to be done or such improvement to be made and to contract therefor and to levy taxes as provided by law. The work may be done before, during or after the collection of the special assessment.

        (b)   No provision of this act shall prevent the governing body from grading or regrading any street, lane or alley or part thereof, and pay therefor out of the general improvement fund of such city.

        (c)   In all cities of the first class having a population of less than 30,000, the governing body, when it deems it necessary to be done, and for the general welfare of such city, may by resolution, regardless of any protest, order the whole or any part of any street which extends from any other paved or macadamized street to any depot or cemetery in or adjoining such city, or any street which extends from the main business street or from the main business center of such city to any depot or cemetery within or adjoining such city, or any street, not to exceed four in number, which extends from the principal business center of such city to and is connected with any main public highway leading to or from such city to be improved and shall have power to cause the improvements to be made, to contract for the making of the same and to levy taxes to pay the expenses of such improvements.

        (d)   The city at large shall pay the expenses of grading or regrading such street or streets and all expenses of the areas and intersections formed by the crossing of streets and alleys and all crossings of streets and alleys and 1/3 of the expenses of improving each block of such street or streets between cross streets and of improving along each lot or piece of unplatted land adjoining such street or streets. Two-thirds of the expense of improving any block in such street between the cross streets, or any such street along an unplatted lot or piece of land in such city, adjoining or abutting on such street, shall be assessed to the adjoining property by special assessment, and except as to the amount assessed against such adjoining property, the adjoining property shall be appraised and assessed to the extent and in the manner provided by law for paying the expenses of improving streets and alleys in cities of the first class when protest may be made. Such cities are authorized to issue improvement bonds in the manner provided by law to pay the expenses of the improvement. In estimating the expenses of improvements for which the city or adjoining property will be liable, the city shall deduct from the aggregate expense of such improvements the amount or proportion of the expense for the payment of which any street railway company or other railway company will be liable. No street railway company or other railway company shall be relieved by reason of this act from any tax or assessment for which it is now liable under any statute for any street improvement.

        (e)   In cities of the first class having a population of over 30,000, no resolution to pave, macadamize, grade, repave, remacadamize or regrade any street, lane or alley shall be valid unless a petition requesting such improvement has been filed with the city clerk, which petition must be signed by the resident owners of not less than 1/2 the feet fronting or abutting upon the street, lane or alley to be improved. The feet fronting or abutting upon such street, lane or alley owned or held by persons who are not residents of the city shall not be taken into account in determining the sufficiency of any such protest or any such petition. In case of paving, such petition shall state the width of the paving and the kind of material to be used but shall not include the naming of the brand of material or the name of the manufacturer thereof.

        (f)   Whenever any governing body has proceeded under this section to grade, regrade or improve any street, lane, avenue or alley, or any part thereof, the governing body shall ascertain before the contract is let therefor the approximate cost of such improvement to the separate tracts and pieces of land liable therefor. The city clerk shall thereupon send by certified mail to the owners of such land, at the address where the owner's tax statement is sent, a written notice of the approximate amount which will be assessed against such land. The governing body shall, within 30 days from the date of mailing such notices, determine whether the approximate cost of such improvement is unreasonable in comparison with the value of the tracts and pieces of land liable therefor. If the cost is found to be unreasonable, the governing body shall cancel the proceedings theretofore taken for such improvements. The failure of the owner to receive such notice or the inaccuracy of the amount of the approximate costs shall not affect the validity of the proceedings.

        (g)   As used in this section, "improve" means curb, gutter, pave, macadamize, recurb, regutter, repave or remacadamize.

        History:   R.S. 1923, § 13-1011; L. 1951, ch. 150, § 1; L. 1957, ch. 109, § 1; L. 1968, ch. 229, § 1; L. 1981, ch. 173, § 34; July 1.

• 13-1011a:

        History:   L. 1927, ch. 136, § 1; Repealed, L. 1975, ch. 88, § 1; July 1.

• 13-1011b:

        History:   L. 1925, ch. 116, § 1; Repealed, L. 1973, ch. 74, § 1; July 1.

• 13-1011c:

        History:   L. 1931, ch. 123, § 1; L. 1937, ch. 131, § 1; L. 1941, ch. 122, § 9; Repealed, L. 1975, ch. 88, § 1; July 1.

• 13-1011d:

        History:   L. 1953, ch. 102, § 1; L. 1955, ch. 89, § 1; Repealed, L. 1959, ch. 68, § 1; June 30.

• 13-1011e:

        History:   L. 1953, ch. 102, § 2; Repealed, L. 1959, ch. 68, § 1; June 30.

• 13-1011f: Improvement of streets abutting school grounds; bonds. Whenever in the judgment of the governing body of any city of the first class the pavement of any street, avenue or boulevard abutting on any school grounds or the board of education of such city is too narrow it may by ordinance provide for the removing of the curb and gutter, if any exist, and the grading and paving of such additional width on the side of the pavement next to the school grounds as it may prescribe, and the construction of new curb and gutter is deemed necessary, and the making of such incidental improvement as may be necessary. Bonds payable by the city at large, shall be issued to pay the cost of such improvements.

        History:   L. 1953, ch. 103, § 1; June 30.

• 13-1012:

        History:   L. 1923, ch. 88, § 1; R.S. 1923, § 13-1012; L. 1925, ch. 104, § 1; Repealed, L. 1959, ch. 68, § 1; June 30.

• 13-1013: System of sewerage and drainage; districts; cost; assessments. The governing body may provide for a system of sewerage and drainage for the city, or any part thereof, and build and construct sewers and drains for the city, or any part thereof. Such sewers shall be constructed by districts created by ordinance. Such districts shall be in three classes, intercepting, main and lateral. Whenever in the judgment of the governing body it is necessary in order to properly handle the sewage or drainage of a city, that two or more main sewers, constructed as hereinafter provided, be connected, then the governing body shall have power to create an intercepting sewer district and build and construct an intercepting sewer. The district for such sewer shall be created by ordinance, and shall embrace all that part of the city which will be benefited by such intercepting sewer.

        When it is necessary that any part of the city have a system of sewerage or drains, then the governing body shall have power to create a main sewer district and shall have power to build and construct a main sewer, which main sewer shall be a trunk-line sewer to which lateral sewers, constructed as hereinafter provided, may be connected whenever the same are constructed. Whenever it is necessary that any part of a main sewer district have a lateral sewer then the governing body shall have power to create a lateral sewer district and to build and construct a lateral sewer. Intercepting, main and lateral sewer districts shall be created and defined by ordinance and the cost of all such sewers, intercepting, main and lateral, shall be assessed against all lots and pieces of land in the districts as created and such special assessment shall be levied by the city and certified by the city clerk to the county clerk to be placed on the tax rolls for collection, subject to the same penalties and collected in like manner as other taxes.

        The procedure used by the city in determining the valuation to be placed on lots and pieces of land in sewer districts, for the purpose of special assessments to pay for the cost of constructing sewers, shall be the same as provided for determining the valuation of lots and pieces of land for the purpose of special assessments to pay for the cost of paving streets in cities of the first class: Provided, however, That no property which has paid its full proportion for a main sewer shall be transferred to any other main sewer district and made liable for the construction of a main sewer therein, nor shall any property which has paid its full proportion for a lateral sewer be transferred to any other lateral sewer district and made liable for the construction of a lateral sewer herein.

        The governing body shall have power to rebuild, reconstruct or enlarge any sewer now constructed, or hereafter constructed, whenever in the judgment of the governing body such sewer is inadequate, defective or worn out, and the cost of such rebuilding, reconstruction or enlargement shall be levied on the property benefited by such rebuilding, reconstructing or enlargement in the manner hereinbefore provided in the construction of new sewers.

        History:   L. 1903, ch. 122, § 149; L. 1911, ch. 99, § 1; L. 1915, ch. 131, § 1; March 22; R.S. 1923, § 13-1013.

• 13-1014: Right-of-way for sewerage. The governing body may construct flushing-ditches or conduits, discharging-sewers or outlets for sewers, and connect the same with any creek or river at any point within five miles of the corporate limits of the city, and for this purpose the right of eminent domain is hereby granted.

        History:   L. 1903, ch. 122, § 150; March 18; R.S. 1923, § 13-1014.

• 13-1015: Condemnation of right-of-way. Whenever the governing body shall determine to lay off and condemn a right of way from the corporate limits to a point on such creek or river and to connect sewers therewith, as aforesaid, the governing body may proceed to condemn the same as provided by law.

        History:   R.S. 1923, § 13-1015; Dec. 27.

• 13-1016: Consent to acquisition of way; cost of condemnation. Any person through whose lands such flushing-ditch or conduit, discharging-sewer or outlet may be constructed, or who would be otherwise damaged, may give consent thereto in writing, and such writing, with 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 and maintain such flushing-ditch or conduit, discharging-sewer or outlet as though such lands and right-of-way had been formally condemned. All costs and expenses occasioned by such condemnation for and the construction of such flushing-ditch or conduit, discharging-sewer or outlet beyond the city limits shall be assessed against the lots and pieces of land in the district or districts for which the same was constructed: Provided, That no sewer be permitted to empty into any stream from which a water supply is obtained within three miles above the point where said water supply is obtained.

        History:   L. 1903, ch. 122, § 152; March 18; R.S. 1923, § 13-1016.

• 13-1017: Estimate of cost of improvements; contracts; bids; bond issue, when. Before undertaking the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer or any other public improvement of any street, highway, public grounds or public building or facility, or any other kind of public improvement in any city of the first class is commenced or ordered by the governing body, or under its authority, a detailed estimate of the cost of the improvements shall be made under oath by the city engineer (or some other competent person, appointed for such purposes by the governing body). Such estimate shall be submitted to the governing body for its action thereon. In all cases where the estimated cost of the contemplated building, facility or other improvement amounts to more than $2,000, sealed proposals for the improvement shall be invited by advertisement, published by the city clerk once in the official city paper. The governing body shall let all such work by contract to the lowest responsible bidder, if there is any whose bid does not exceed the estimate.

        If no responsible person proposes to enter into the contract at a price not exceeding the estimated cost, all bids shall be rejected and the same proceedings as before repeated, until some responsible person by sealed proposal offers to contract for the work at a price not exceeding the estimated cost. If no responsible bid is received within the estimate, the governing body shall have power to make the improvement within the estimated cost thereof, and shall further have the power to purchase the necessary tools, machinery, apparatus and materials; employ the necessary labor; and construct the necessary plant or plants for the purpose of carrying into effect the provisions of this act. In no case shall the city be liable for anything beyond the estimated cost or the original contract price for doing such work or making such improvements.

        Before any type of public improvements is commenced, the money to pay for the same must be available in the city treasury as provided by law or provision may be made for the issuance of internal improvement bonds to pay for any such improvement as provided by law. This section shall not be construed to include any repair or maintenance work not amounting to substantial alteration, addition or change in any structure, street or facility. "Public improvement" as used herein shall not include the making of repairs or the maintenance of any building, street, sidewalk or other public facility in such cities by employees of such cities or the making of any expenditures from the city budget for such purposes.

        History:   L. 1903, ch. 122, § 153; L. 1909, ch. 68, § 1; L. 1913, ch. 90, § 1; L. 1917, ch. 99, § 1; R.S. 1923, § 13-1017; L. 1953, ch. 81, § 1; L. 1981, ch. 173, § 35; July 1.

• 13-1018f: Cities of 95,000; system of sewage-disposal works; cost; bonds. The governing body of any city of the first class having a population of 95,000 or more in this state shall have the power to provide for one or more systems of disposal works, or additions to systems already built, for the purification of the sewage of the city or any part thereof or draining into the sewage system of the city, 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 be paid out of the general revenue fund; or if the governing body so determine, improvement bonds of the city may be issued therefor and the proceeds from the sale of such bonds to be used in paying for the same, including engineering expense prior to construction, for which bonds may be issued if the governing body so determine, as hereinafter provided. 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 where sewage may be drained, necessary pumping plants, force mains, and all appurtenances necessary to construct a complete disposal works for the disposal of sewage.

        History:   L. 1929, ch. 123, § 1; March 7.

• 13-1018g: Same; duties and authority of governing body. 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 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. 1929, ch. 123, § 2; March 7.

• 13-1018h: Same; right to acquire land. 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 otherwise be 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 had been formally condemned.

        History:   L. 1929, ch. 123, § 3; March 7.

• 13-1018i: Cities of 95,000 or more; sewage-disposal works; cost; bonds. All the cost and expenses of 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, including engineering expense prior to construction and costs of a special election, if held, for which bonds may be issued if the governing body determine, as hereinafter provided, 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. 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. 1929, ch. 123, § 4; L. 1983, ch. 49, § 57; May 12.

• 13-1018j: Same; tax levy; election; when; when charges to be made for use of system. The governing body of such city shall provide for the payment of said bonds and the interest thereon as the same become 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 real, personal and mixed property in such city, to be used exclusively for the purpose of maintaining and operating sewage-disposal works. The revenue derived from such tax shall be kept in a separate fund by the city treasurer and shall be used for no other purpose: Provided, however, That before said bond issue shall be made, the issuance thereof and the building of said plant shall be submitted to the vote of the citizens of said city at a general or special election, said time to be selected by the governing body of said city, and on the ballot of said general or special election there shall be written the following: "Shall sewage-disposal plant be built by the issuance of bonds? Two squares, one followed by the word 'Yes' and one followed by the word 'No,' and a cross shall be marked in the square indicating the voter's intent." A majority of the votes cast at said election on said proposition shall govern, and the governing body be guided thereby: Provided, however, That the governing body of said city may issue internal improvement bonds in a sum not exceeding $25,000 without submitting such issue to the vote of the people, for the purpose of making a preliminary survey, employing engineers for such work and making plans and specifications for such sewage-disposal plant, and for paying costs of a special election, if held.

        Any person, firm or corporation outside of the city limits and now discharging sewage into the sewage system of the city, or who shall hereafter discharge sewage into said sewage system, shall be required to pay a fair and reasonable compensation annually to the city for the maintenance and operation of said disposal plant. The amount of compensation shall be fixed by the governing body of said city and shall be based upon the amount and character of the sewage so discharged, the cost of operation and maintenance, the capital invested and obsolescence of said disposal plant.

        Any person, firm, corporation, association, municipality or any body politic operating outside of the city limits who may hereafter desire to use the sewer system of any such city, or who shall use the same, shall, after the construction of such sewage-disposal plant and before discharging any sewage into the sewage system of such city, secure a permit from the governing body of such city for the purpose of discharging sewage into the sewage system of such city, and shall pay a fair and reasonable compensation annually, having regard for the amount and character of sewage discharged into the sewer system of such city, the maintenance, operation, capital invested and obsolescence of said disposal plant, which amount of compensation shall be determined by the governing body of the city.

        The amount to be paid by such person, firm, corporation, association, municipality or any body politic outside of such city may be readjusted from time to time, and in no case shall such permit or compensation amount be fixed for a period to exceed five years. Such funds so collected shall be used by the governing body of the city in defraying the expense of maintaining and operating such disposal plant: Provided, however, That the governing body of any such city may, at its discretion, provide by ordinance for the collection of sewer rental charges to cover maintenance and operating costs of the sewage-disposal plant, and may apportion such charges among those discharging sewage into said sewer system in proportion to the quantity and strength of sewage produced and discharged into said sewage system.

        History:   L. 1929, ch. 123, § 5; March 7.

• 13-1018k: Same; invalidity of part. If any part or parts of this act are held to be unconstitutional, the remaining part or parts thereof shall not be affected thereby.

        History:   L. 1929, ch. 123, § 6; March 7.

• 13-1018l: Cities over 120,000; sewers on publicly owned ground; bonds; limitations. Whenever it shall be made to appear by the passage of a resolution finding and declaring it necessary so to do that public property belonging to any city having a population of more than one hundred twenty thousand (120,000), be provided with sewers, such city is hereby authorized to build such sewers as they find to be necessary and to issue the general-improvement bonds of such city and to sell the same to provide the funds to pay for the construction of such sewers: Provided, That the amount of bonds that may be issued in any one year for such purpose shall not exceed the sum of fifty thousand dollars ($50,000): And provided further, That such sewers may be built separate from, or in connection with, or connected to, the general sewer system of said city.

        History:   L. 1937, ch. 149, § 1; L. 1941, ch. 122, § 11; L. 1953, ch. 82, § 1; June 30.

• 13-1019:

        History:   L. 1903, ch. 122, § 156; R.S. 1923, § 13-1019; Repealed, L. 1974, ch. 57, § 2; July 1.

• 13-1020:

        History:   L. 1903, ch. 122, § 157; R.S. 1923, § 13-1020; L. 1963, ch. 234, § 28; Repealed, L. 1975, ch. 88, § 1; July 1.

• 13-1021:

        History:   L. 1903, ch. 122, § 158; R.S. 1923, § 13-1021; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.

• 13-1022:

        History:   R.S. 1923, § 13-1022; L. 1963, ch. 234, § 29; Repealed, L. 1975, ch. 88, § 1; July 1.

• 13-1023: For what purposes private property may be purchased or condemned. Private property may be purchased or condemned for streets, alleys, levees, market houses, market places, depot grounds, bridges or approaches thereto, public buildings, sewers, to acquire stone quarries or other material for the improvement of the streets and alleys, or other public improvements, and for public parks within or without the city, as may be hereafter needed or required for the use of the city.

        History:   L. 1903, ch. 122, § 161; March 18; R.S. 1923, § 13-1023.

• 13-1024:

        History:   R.S. 1923, § 13-1024; L. 1943, ch. 93, § 6; L. 1947, ch. 139, § 1; L. 1949, ch. 134, § 1; L. 1953, ch. 83, § 1; Repealed, L. 1955, ch. 90, § 3; June 30.

• 13-1024a: General improvements and land therefor; borrowing money and bond issues; when election required. For the purpose of paying for any bridge, viaduct, public building, including the land necessary therefor, for lands for public parks and developing the same, within or without the city, for the establishment and construction of crematories, desiccating or reduction works, including the land necessary therefor, within or without the city, or for the improvement, repair or extension of any waterworks, sewage disposal plant, electric light plant, crematory, desiccating or reduction works or other public utility plant owned by the city, and for the purpose of rebuilding, adding to or extending to the same from time to time, as the necessities of the city may require, the city may borrow money and issue its bonds for the same: Provided, That no bonds shall be issued for such purposes unless the same were authorized by a majority of the votes cast at an election held for that purpose: Provided further, That any city of the first class may issue the bonds of such city for the purpose of paying for any of the improvements mentioned in this section and the land necessary therefor without such bonds having been authorized by a vote of the people, but the total amount of bonds issued for such purposes shall not exceed the sum of one hundred thousand dollars ($100,000) in any one year: Provided further, That any city of the first class having a population of more than twenty-five thousand (25,000) and less than thirty thousand (30,000) may in the year 1968, issue bonds of such city in an amount not exceeding the sum of one hundred seventy-five thousand dollars ($175,000) for the purpose of paying for any of the improvements mentioned in this section and the land necessary therefor without such bonds having been authorized by a vote of the people.

        History:   L. 1955, ch. 90, § 1; L. 1968, ch. 137, § 1; March 26.

• 13-1024b: Same; construction of bridge or viaduct within or without city; agreements with other bodies; acquisition of land; bonds; election, when; tax levies; payment of county's share. Any city may construct any bridge or viaduct within the city or without such city but not in excess of one mile therefrom; any such bridge or viaduct may be built in conjunction with the county in which such city is located; such city and county are hereby authorized to enter into agreement for the construction of such bridge or viaduct either between themselves, with any agency of the federal government, with the state or any agency thereof, or with any person or corporation whatsoever; such an agreement may provide for the division of the costs of construction, operation and maintenance of such bridge or viaduct, for the manner of obtaining engineering and bids, and all other matters relating thereto in the public interest; such city may acquire the necessary land for such building by purchase, gift, eminent domain or otherwise and if said land is acquired by eminent domain, the procedure provided by article 2 of chapter 26 of the Kansas Statutes Annotated and any amendments thereto, shall be followed by the city and the title acquired by such city shall be fee simple absolute; such city is authorized to issue general improvement bonds of the city to pay for all or part of the cost of constructing such bridge or viaduct and acquiring the land necessary therefor; such county is authorized to issue general improvement bonds of such county to pay for all or part of the cost of constructing such bridge or viaduct: Provided, That no such bonds shall be issued by such city or county except as authorized by K.S.A. 13-1024a until the same have been authorized by a majority vote of the electors of such city or county: Provided further, That such city and county shall levy taxes to pay the principal and interest of such bonds, and none of the restrictions or limitations respecting the amount of city or county indebtedness contained in any of the statutes of the state of Kansas shall apply to or in any way affect the issuance of bonds authorized by this section, nor shall the amount of such bonds be counted in computing the indebtedness of such county or city: Provided further, That for the purposes named herein the county may pay its agreed share of the total cost of any project from the special bridge fund provided for in K.S.A. 68-1135 and 68-1136.

        History:   L. 1955, ch. 90, § 2; June 30.

• 13-1024c: Cities over 200,000; issuance of bonds for public improvements; limitation. The governing body of any city of the first class having a population of over two hundred thousand (200,000) is hereby authorized to issue bonds of the city without an election for the purpose of paying for the construction, purchase or improvement of any public improvement, including the land necessary therefor, and for the purpose of rebuilding, adding to or extending the same as the necessities of the city may require, and for the purpose of paying for mobile radio equipment, library bookmobiles and equipment therefor: Provided, That the total amount of bonds issued for such purposes in any one year shall not exceed the sum of two hundred thousand dollars ($200,000). Such bonds shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law. The provisions of this act are supplemental to all other statutes relating to such improvements and, subject to the limitations hereof, shall not be construed to prevent the city from using other available statutes.

        History:   L. 1959, ch. 102, § 1; L. 1961, ch. 85, § 1; May 1.

• 13-1025:

        History:   L. 1903, ch. 122, § 163; L. 1913, ch. 90, § 3; L. 1915, ch. 116, § 1; L. 1919, ch. 130, § 1; R.S. 1923, § 13-1025; L. 1953, ch. 83, § 2; Repealed, L. 1955, ch. 90, § 3; June 30.

• 13-1025a:

        History:   L. 1925, ch. 109, § 1; Repealed, L. 1947, ch. 127, § 1; April 11.

• 13-1025b to 13-1025m:

        History:   L. 1927, ch. 259, §§ 1 to 12; Repealed, L. 1951, ch. 131, § 1; June 30.

• 13-1026: Bridges or viaducts in cities over 60,000; bonds. In any city of the first class having a population in excess of sixty thousand (60,000) owning or having under its care and control any bridges or viaducts that are to be maintained at the expense of the city at large, in order that said bridges or viaducts may be maintained and kept in a safe, usable condition, or when necessary be replaced, said city may from time to time, whenever the governing body shall pass an ordinance declaring it necessary, issue internal-improvement bonds in payment of any such replacement or repairs thereon, which bonds shall be a lien on the city at large.

        History:   R.S. 1923, § 13-1026; L. 1945, ch. 114, § 1; L. 1963, ch. 97, § 1; June 30.

• 13-1026a:

        History:   L. 1925, ch. 220, § 1; Repealed, L. 1953, ch. 64, § 1; June 30.

• 13-1027:

        History:   L. 1913, ch. 95, § 1; R.S. 1923, § 13-1027; Repealed, L. 1959, ch. 68, § 1; June 30.

• 13-1028:

        History:   R.S. 1923, § 13-1028; Repealed, L. 1959, ch. 68, § 1; June 30.

• 13-1029: Sewer districts for pumping stations and sewers; assessments and bonds. Cities of the first class may create districts for the purpose of constructing and maintaining pumping stations and main and intercepting sewers, and in creating such districts may include therein the whole or any part of any two or more sewer districts then or theretofore established. The lands which will be especially benefited by the proposed pumping station and sewer or either of them shall constitute such districts, and the boundaries of such districts shall be determined by ordinance. The lots and tracts of land situated in such sewer district shall, regardless of assessments for any pumping station or pumping stations and sewer or sewers theretofore levied thereon, be liable to special assessments for the cost of such pumping stations and sewers, including the cost of acquiring, by condemnation or purchase, lands or any easement or right therein deemed necessary by the governing body for the construction or maintenance of such pumping stations and sewers.

        The cost and expense of constructing such sewers and procuring rights of way shall be assessed against the lots or pieces of land contained in the district in which the same are situated, and the special assessment shall be levied by the city and certified by the city clerk to the county clerk, to be placed on the tax rolls for collection, subject to the same penalties and collected in like manner as other taxes. Such city may join with any person, company or corporation owning property adjacent to or adjoining such city, but not within the city, in the construction of such pumping stations and main and intercepting sewers and in acquiring rights of way therefor on such terms and conditions as may be determined on by the governing body of such city. Negotiable bonds may be issued to pay for such pumping stations and sewers, including the cost of lands or any easement or right therein acquired by condemnation or purchase, in the manner provided by law.

        History:   R.S. 1923, § 13-1029; L. 1955, ch. 91, § 1; June 30.

• 13-1030: Same; condemnation, bonds and assessments for sewer right of way. Cities of the first class shall have the power to condemn or acquire by purchase, lands, or any easement therein, or right of way through the same, necessary for the construction and maintenance of sewers. When the governing body shall deem it necessary to appropriate by condemnation proceedings, any lands or any easement or right therein for the construction or maintenance of any sewer, within or without the limits of such city, they shall proceed as provided by law. Bonds may be issued and special assessments levied for the cost of acquiring lands or a right of way for a sewer, either separately or as a part of the cost of constructing such sewer, as may be found proper or necessary.

        History:   R.S. 1923, § 13-1030; Dec. 27.

• 13-1031:

        History:   L. 1909, ch. 78, § 1; R.S. 1923, § 13-1031; L. 1953, ch. 84, § 1; Repealed, L. 1973, ch. 74, § 1; July 1.

• 13-1032 to 13-1035:

        History:   L. 1917, ch. 98, §§ 1 to 4; R.S. 1923, §§ 13-1032 to 13-1035; Repealed, L. 1975, ch. 349, § 2; July 1.

• 13-1035a:

        History:   L. 1939, ch. 246, § 1; Repealed, L. 1953, ch. 64, § 1; June 30.

• 13-1036:

        History:   R.S. 1923, § 13-1036; L. 1949, ch. 135, § 1; L. 1957, ch. 88, § 8; Repealed, L. 1959, ch. 68, § 1; June 30.

• 13-1037:

        History:   L. 1921, ch. 118, § 1; R.S. 1923, § 13-1037; L. 1941, ch. 126, § 1; L. 1949, ch. 136, § 1; Repealed, L. 1974, ch. 75, § 1; July 1.

• 13-1038: Street improvements; resolution; bonds. Whenever, in the judgment of the governing body of any city of the first class in the state of Kansas, it becomes expedient and a public necessity to recurb, regutter, resurface or repave or repair any street or alley or any portion thereof in said city, the governing body of said city may, by resolution, so declare the necessity for and cause said improvement to be made regardless of protest or remonstrance, as herein provided.

        All proceedings relating to such improvements and to the assessment of benefits for the payment of the costs thereof and for the issuance of bonds shall be the same as provided by law in case of pavement regardless of protest in the first instance, except as otherwise herein provided: And provided further, That 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 (10) years have elapsed subsequent to the date of the completion of such original improvement.

        History:   L. 1921, ch. 118, § 2; R.S. 1923, § 13-1038; L. 1941, ch. 126, § 2; June 30.

• 13-1039: Same; making of such improvements. After the resolution has been passed and published the city may then proceed to improve said street or alley in the manner herein authorized as if an original improvement.

        History:   L. 1921, ch. 118, § 3; March 1; R.S. 1923, § 13-1039.

• 13-1040: Same; costs; assessments; bonds (cities between 15,000 and 110,000). The city at large shall pay one-third of the entire cost of the improvements above authorized and the property liable to special assessment for similar improvement in the first instance shall pay two-thirds of the cost of said recurbing, reguttering, resurfacing or repaving, and the same shall be assessed against the benefit district and apportioned among the various lots, tracts, pieces and parcels of land within the benefit district in the same manner as is provided for the construction of similar improvements in the first instance: Provided, That in cities having a population of more than fifteen thousand (15,000) and less than one hundred ten thousand (110,000) the city at large may pay the entire cost of resurfacing of any such streets and issue bonds in payment of the cost thereof in the same manner as provided for paying the cost of paving assessed to the city at large.

        The city at large shall pay the entire cost of the repairing of any such streets and bonds may be issued for the cost of such repairs in the same manner as bonds are issued to pay the cost of paving assessed to the city at large. All ordinances, notices, bonds and special meetings to hear complaints, assessments, spreading and collecting taxes, and proceedings shall be the same as for similar improvements in the first instance.

        History:   L. 1921, ch. 118, § 4; R.S. 1923, § 13-1040; L. 1941, ch. 126, § 3; L. 1949, ch. 136, § 2; April 8.

• 13-1041:

        History:   L. 1921, ch. 120, § 1; R.S. 1923, § 13-1041; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-1042: Reimprovement of streets in cities of over 95,000. Whenever any street, boulevard or alley in any city of the first class having a population of over 95,000 shall have been graded, guttered, curbed, paved or macadamized, the governing body may, when it deems it necessary, by resolution find that the pavement, guttering, curbing or macadamizing is useless; and it may recurb, repave or remacadamize any such street, boulevard or alley: Provided, Said street, boulevard or alley has been paved for a period of ten years; and said repaving, recurbing or remacadamizing may be done by resolution and the cost thereof taxed against the property, as is now provided by law.

        History:   L. 1921, ch. 122, § 1; May 25; R.S. 1923, § 13-1042.

• 13-1043:

        History:   L. 1909, ch. 78, § 2; L. 1911, ch. 91, § 1; L. 1921, ch. 119, § 1; R.S. 1923, § 13-1043; Repealed, L. 1931, ch. 116, § 1; Feb. 17.

• 13-1044:

        History:   L. 1917, ch. 93, § 1; R.S. 1923, § 13-1044; Repealed, L. 1959, ch. 68, § 1; June 30.

• 13-1045, 13-1046:

        History:   R.S. 1923, §§ 13-1045, 13-1046; Repealed, L. 1975, ch. 90, § 1; July 1.

• 13-1047:

        History:   L. 1917, ch. 94, § 3; R.S. 1923, § 13-1047; Repealed, L. 1975, ch. 90, § 1; July 1.

• 13-1048:

        History:   L. 1917, ch. 94, § 4; R.S. 1923, § 13-1048; L. 1963, ch. 234, § 30; Repealed, L. 1975, ch. 90, § 1; July 1.

• 13-1049 to 13-1051:

        History:   L. 1917, ch. 94, §§ 5 to 7; R.S. 1923, §§ 13-1049 to 13-1051; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.

• 13-1052:

        History:   R.S. 1923, § 13-1052; Repealed, L. 1975, ch. 90, § 1; July 1.

• 13-1053:

        History:   L. 1917, ch. 94, § 9; R.S. 1923, § 13-1053; Repealed, L. 1975, ch. 90, § 1; July 1.

• 13-1054:

        History:   L. 1919, ch. 113, § 1; R.S. 1923, § 13-1054; Repealed, L. 1959, ch. 68, § 1; June 30.

• 13-1055a: Sanitary interceptor or main storm sewers or drains in first-class cities; expenses and plans for construction; bids. Whenever the governing body of any city of the first class shall determine that it is necessary to build and construct one or more main sanitary interceptor sewers or one or more main storm water sewers or drains for the purpose of carrying off storm water from the streets, avenues and alleys of such city, it may by ordinance order and provide for such main sewers or drains to be constructed within the corporate limits of such city or outside of but within five (5) miles of such corporate limits and in such ordinance shall designate where such main sewers or drains shall commence and outline the same to the point or points of outlet or escape. The governing body of such city shall be the sole judge of whether any sanitary sewer is a main sanitary interceptor sewer or any storm water sewer or drain is a main storm water sewer or drain for the purposes of this act. The building and construction of main sewers or drains shall be at the expense of the city at large and shall be upon plans and specifications of the city engineer or engineers employed by the city, and may be built by the city or let to the lowest responsible bidder, as the governing body shall deem best.

        History:   L. 1951, ch. 173, § 1; L. 1968, ch. 348, § 1; L. 1969, ch. 96, § 1; April 19.

• 13-1055b: Same; bonds; limitations; retirement. For the purpose of paying for any main sanitary interceptor sewers or one or more main storm water sewers or drains ordered constructed under this act, the governing body may issue general obligation bonds of the city. Such bonds shall be issued, registered, sold and delivered in accordance with the provisions of the general bond law and may be issued without a vote of the electors. Bonds issued under the authority of this act shall be in addition to and not subject to or within any bonded debt limitation prescribed by any other law of this state. Bonds issued to pay the cost of main sanitary interceptor sewers may be retired from funds received from sewage service charges.

        History:   L. 1951, ch. 173, § 2; L. 1968, ch. 348, § 2; L. 1969, ch. 96, § 2; April 19.

• 13-1056: Cities of 25,000; floodgates in sewers; intercepting sewers; pumping plants. The governing body of cities of the first class having a population of 25,000 or more shall have power to build floodgates in sewers that empty through dikes built by the city for the purpose of preventing water in flood time from flooding portions of the city protected by such dikes; and to build intercepting sewers for the purpose of conducting the sewage to a central point during flood time, and to erect a pumping plant for the purpose of forcing such sewage over the dike to its usual destination.

        History:   L. 1913, ch. 94, § 1; March 10; R.S. 1923, § 13-1056.

• 13-1057: Same; bonds; limitation. For the purpose of paying for the building of such floodgates, intercepting sewers and pumping plants authorized by this act, the governing body of cities of the first class may issue bonds without regard to other indebtedness of the city, in an amount not to exceed one hundred twenty-five thousand dollars, and sell and dispose of the same. The credit of the city issuing such bonds shall be pledged for the payment thereof.

        History:   R.S. 1923, § 13-1057; Dec. 27.

• 13-1057a:

        History:   L. 1943, ch. 116, § 1; L. 1945, ch. 115, § 1; L. 1955, ch. 92, § 1; Repealed, L. 1975, ch. 90, § 1; July 1.

• 13-1057b: Cities less than 11,500 and cities between 17,500 and 25,000; storm sewers or drains. Whenever the governing body of any city of the first class having a population of less than 11,500, or any city of the first class having a population of more than 17,500 and less than 25,000, shall determine that it is necessary to build and construct a storm sewer or drain or sewers or drains for the purpose of carrying off storm water from the streets, avenues and alleys of such city, it may by ordinance order and provide for such storm sewer or drain or sewers or drains to be constructed, and it shall in such ordinance designate where such storm sewer or drain or sewers or drains shall commence and outline the same to the point or points of outlet or escape.

        History:   L. 1949, ch. 159, § 1; L. 1955, ch. 93, § 1; March 14.

• 13-1057c: Same; expense paid by city. The building and construction of the storm water sewers or drains shall be at the expense of the entire municipality and shall be upon plans and specifications of the city engineer or engineer employed by the city and may be built by the city or let to the lowest responsible bidder as the governing body may deem best.

        History:   L. 1949, ch. 159, § 2; April 7.

• 13-1057d: Same; bonds. For the purpose of paying for each storm water sewer or drain ordered constructed by it under this act, the governing body of any such city may issue general obligation bonds in an amount not exceeding fifty thousand dollars. Such bonds shall be issued, registered, sold and delivered in accordance with the provisions of the general bond law and may be issued without a vote of the electors. Such bonds shall not be subject to or within any debt limitation now or hereafter provided by law.

        History:   L. 1949, ch. 159, § 3; April 7.

• 13-1057e: Same; powers of governing body. For the purpose of making the improvements provided for in this act, the governing body of such city of the first class shall be the sole judge of the expediency of making said improvement and the issuance of said bonds in payment therefor.

        History:   L. 1949, ch. 150, § 4; April 7.

• 13-1058:

        History:   L. 1913, ch. 93, § 1; R.S. 1923, § 13-1058; Repealed, L. 1933, ch. 309, § 27; April 3.

• 13-1059:

        History:   L. 1913, ch. 99, § 1; R.S. 1923, § 13-1059; Repealed, L. 1933, ch. 309, § 27; April 3.

• 13-1060:

        History:   L. 1917, ch. 100, § 1; R.S. 1923, § 13-1060; Repealed, L. 1975, ch. 90, § 1; July 1.

• 13-1061 to 13-1063:

        History:   R.S. 1923, §§ 13-1061 to 13-1063; Repealed, L. 1975, ch. 90, § 1; July 1.

• 13-1064:

        History:   L. 1917, ch. 100, § 7; R.S. 1923, § 13-1064; Repealed, L. 1970, ch. 366, § 22; April 1.

• 13-1065:

        History:   L. 1917, ch. 100, § 8; R.S. 1923, § 13-1065; Repealed, L. 1975, ch. 90, § 1; July 1.

• 13-1066:

        History:   L. 1915, ch. 126, § 1; R.S. 1923, § 13-1066; Repealed, L. 1969, ch. 97, § 1; July 1.

• 13-1067:

        History:   R.S. 1923, § 13-1067; Repealed, L. 1959, ch. 78, § 5; June 30.

• 13-1068:

        History:   L. 1919, ch. 125, § 1; R.S. 1923, § 13-1068; L. 1939, ch. 104, § 1; L. 1970, ch. 77, § 2; Repealed, L. 1975, ch. 92, § 1; July 1.

• 13-1069 to 13-1072:

        History:   L. 1919, ch. 125, §§ 2 to 5; R.S. 1923, §§ 13-1069 to 13-1072; Repealed, L. 1975, ch. 92, § 1; July 1.

• 13-1073:

        History:   L. 1915, ch. 109, § 1; R.S. 1923, § 13-1073; L. 1951, ch. 152, § 1; L. 1955, ch. 94, § 1; Repealed, L. 1975, ch. 93, § 1; July 1.

• 13-1074: Authority to lease levee property in cities over 100,000. Any city of the first class of the state of Kansas having a population of one hundred thousand inhabitants or more, and which has acquired for levee purposes, by purchase, dedication, donation or condemnation, the ownership or control of any tract of land abutting upon or adjacent to any navigable stream or watercourse, is hereby authorized to lease such levee property as provided by this act.

        History:   L. 1929, ch. 125, § 1; March 8.

• 13-1075: Same; purpose; term. The governing body of any such municipality may for the purpose of having such levee property, or any part thereof, improved by the erection thereon of wharfs, warehouses, grain elevators, industrial establishments, docks, and such railroad facilities, as may be required, enter into a contract or lease with any person, firm or corporation for a term of not to exceed ninety-nine years for such rental and upon such conditions as in the judgment of the governing body will be to the best interest of such city.

        History:   L. 1929, ch. 125, § 2; March 8.

• 13-1076: Same; reservations. Such lease shall reserve to the city and the state of Kansas, or any other superior governmental authority, the right to establish or reestablish harbor lines, and build and repair dikes along the water front of such property, and said lease shall further provide that the lessee will at his or her own expense construct roads, streets, highways and drives on and across said levee property for the purpose of gaining access to the river front, and said lease shall contain a further provision reserving to said city a strip of ground along said river front for public landing and the erection thereon of public docks and wharfs, and the right to construct sewers, and to lay water and gas mains and conduits beneath the surface, and along, over and across said levee property, and shall further reserve to said city the right to erect poles for cables to carry electric current and for telephone and telegraph wires.

        History:   L. 1929, ch. 125, § 3; March 8.

• 13-1077: Same; improvements to be approved by governing body. Before the lessee shall construct warehouses, grain elevators, industrial establishments, roads, streets or drives, or make any other improvements on said levee property, he or she shall submit to the governing body for its approval detailed plans and specifications of such proposed improvements, and such improvements shall not be made unless such plans and specifications shall be approved by the governing body of such city.

        History:   L. 1929, ch. 125, § 4; March 8.

• 13-1078:

        History:   L. 1927, ch. 133, § 1; L. 1929, ch. 28, § 1; Repealed, L. 1931, ch. 117, § 2; March 9.

• 13-1078a:

        History:   L. 1931, ch. 117, § 1; L. 1941, ch. 122, § 2; Repealed, L. 1947, ch. 127, § 1; April 11.

• 13-1079:

        History:   L. 1927, ch. 133, § 2; L. 1930, ch. 6, § 1; L. 1937, ch. 133, § 1; L. 1943, ch. 100, § 1; Repealed, L. 1947, ch. 127, § 1; April 11.

• 13-1080 to 13-1082:

        History:   L. 1927, ch. 133, §§ 3 to 5; Repealed, L. 1951, ch. 131, § 1; June 30.

• 13-1083:

        History:   L. 1927, ch. 133, § 6; L. 1930, ch. 6, § 2; Repealed, L. 1951, ch. 131, § 1; June 30.

• 13-1084:

        History:   L. 1927, ch. 133, § 7; Repealed, L. 1951, ch. 131, § 1; June 30.

• 13-1085:

        History:   L. 1927, ch. 133, § 8; Repealed, L. 1951, ch. 131, § 1; June 30.

• 13-1086:

        History:   L. 1927, ch. 133, § 9; Repealed, L. 1951, ch. 131, § 1; June 30.

• 13-1087:

        History:   L. 1927, ch. 133, § 10; Repealed, L. 1951, ch. 131, § 1; June 30.

• 13-1088:

        History:   L. 1927, ch. 133, § 11; Repealed, L. 1951, ch. 131, § 1; June 30.

• 13-1088a, 13-1088b:

        History:   L. 1943, ch. 101, §§ 1, 2; Repealed, L. 1945, ch. 116, § 1; March 26.

• 13-1089:

        History:   L. 1927, ch. 133, § 12; Repealed, L. 1937, ch. 134, § 1; March 25.

• 13-1090, 13-1091:

        History:   L. 1929, ch. 132, §§ 1, 2; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-1092:

        History:   L. 1929, ch. 132, § 3; L. 1931, ch. 118, § 1; L. 1947, ch. 140, § 1; L. 1953, ch. 85, § 1; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-1092a to 13-1092e:

        History:   L. 1933, ch. 44, §§ 1 to 5 (Special Session); Repealed, L. 1951, ch. 131, § 1; June 30.

• 13-1092f:

        History:   L. 1937, ch. 148, § 1; L. 1957, ch. 110, § 1; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-1092g:

        History:   L. 1937, ch. 148, § 2; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-1092h:

        History:   L. 1937, ch. 148, § 3; L. 1947, ch. 141, § 1; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-1092i:

        History:   L. 1937, ch. 148, § 4; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-1093:

        History:   L. 1931, ch. 128, § 1; Repealed, L. 1959, ch. 68, § 1; June 30.

• 13-1093a:

        History:   L. 1931, ch. 128, § 2; Repealed, L. 1974, ch. 76, § 1; July 1.

• 13-1094:

        History:   L. 1931, ch. 127, § 1; L. 1939, ch. 105, § 1; L. 1941, ch. 127, § 1; L. 1955, ch. 95, § 1; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-1095:

        History:   L. 1931, ch. 127, § 2; L. 1935, ch. 109, § 1; L. 1941, ch. 127, § 2; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-1096:

        History:   L. 1931, ch. 127, § 3; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-1097, 13-1098:

        History:   L. 1933, ch. 123, §§ 1, 2; Repealed, L. 1949, ch. 137, § 1; June 30.

• 13-1099:

        History:   L. 1937, ch. 147, § 1; L. 1949, ch. 138, § 1; L. 1957, ch. 88, § 9; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-10,100:

        History:   L. 1937, ch. 147, § 2; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-10,100a, 13-10,100b:

        History:   L. 1945, ch. 125, §§ 1, 2; Repealed, L. 1959, ch. 71, § 7; June 30.

• 13-10,101:

        History:   L. 1941, ch. 147, § 1; Repealed, L. 1963, ch. 104, § 1; June 30.

• 13-10,102 to 13-10,106:

        History:   L. 1941, ch. 147, §§ 2 to 6; Repealed, L. 1959, ch. 68, § 1; June 30.

• 13-10,107: Sewers and sewage disposal outside certain cities; contracts; benefit district, conditions. The governing body of any city of the first class having a population of over 110,000 inhabitants located in a county with an assessed tangible valuation in excess of $150,000,000 and the governing body of any city of the first class having a population of less than 14,000 is authorized and empowered to contract with the owners of any tract or tracts of land located outside of but within five miles of the corporate limits of such city for the purchase or construction of a sewer to serve such tract or tracts of land or to contract for the processing and disposal of sewage from such tract or tracts of land in any case where the public health of such city will be promoted thereby and where the governing body of such city deems such action otherwise advisable, the cost of such improvements to be paid by the benefit district to be established as is herein provided upon the following conditions:

        (a)   That such tract or tracts of land described in said contract shall constitute a special sewer district against which the cost of such sewer, together with any easements or rights of way, shall be charged.

        (b)   In case the sewage from said sewage district is carried through any sewer line owned, controlled or operated by such city, a charge for the use of said sewer shall be made against the special sewer district described in condition (a) hereof.

        (c)   The lands, improvements and all other property located upon such lands in said sewer district shall be subject to general sewer, sewer maintenance, and sewage disposal taxes in such amount as the governing body of such city may determine and levy, to such sewer district.

        (d)   The owner or owners of such lands and improvements shall consent that the lands and improvements located within the sewer district shall be taxed in all respects under the provision of this section for sewer facilities and services as provided in subsection (c) hereof and any revenue derived from such tax shall only be used for the benefit of such sewer district.

        History:   L. 1941, ch. 144, § 1; L. 1947, ch. 137, § 1; L. 1951, ch. 153, § 1; April 4.

• 13-10,108: Same; eminent domain; bonds. Upon the execution of such contract as is provided for in K.S.A. 13-10,107, such city may acquire easements or rights of way for such sewer by purchase or condemnation the same as if such property were located within the corporate limits of the city and may contract for the purchase of a sewer at its actual value or for the construction of such sewer as may be deemed advisable, and issue the bonds of such city for the payment of the cost thereof, the same as if the lands in question were located within the corporate limits of such city.

        History:   L. 1941, ch. 144, § 2; April 9.

• 13-10,109: Same; special assessments; regulation by city. After the execution of a contract as provided for in K.S.A. 13-10,107, the governing body of any such city shall be authorized to assess against the property located in such special benefit district the total cost of such improvements in the same manner as if such property were located within the corporate limits of such city, together with all other sewer taxes as is provided for in this act, and thereafter all ordinances of the city regulating the operation of sewers shall be effective in such district to the same extent and in the same manner as if such district was located within the corporate limits of such city.

        History:   L. 1941, ch. 144, § 3; April 9.

• 13-10,110 to 13-10,114:

        History:   L. 1945, ch. 132, §§ 1 to 5; Repealed, L. 1951, ch. 143, § 6; June 30.

• 13-10,115: Major traffic streets in certain cities in counties over 120,000; resolution; protests; election; temporary notes and bonds; special assessments and payments by city. The governing body of any city located in a county having a population of more than 120,000 and an assessed tangible valuation of more than $150,000,000 may by resolution declare any street to be in its opinion a major traffic street and declare its intention of improving or reimproving such street. Such resolution shall describe in general terms the improvement or reimprovement to be made and shall provide that the cost or a stated percentage of the cost thereof shall be paid by the city at large out of the fund for the improvement and maintenance of streets or by the issuance of bonds. The resolution shall be published once each week for two consecutive weeks in the official city paper. If, within 90 days after the last publication of the resolution, there is filed in the office of city clerk a protest signed by qualified electors equal in number to not less than 2% of those who voted at the last general city election, an election shall be called and held within 90 days after the filing of the protest.

        The protest shall be signed personally by each person protesting and shall give the street address of such signer. The protest need not all be on one sheet but each sheet shall bear an affidavit of one of the qualified signers of the protest (whose name need not be on the particular sheet) that the qualified signer personally saw each person whose signature purports to be on the sheet sign the protest and that the person who signed the protest was the person whose name such person signed.

        The election procedure shall be substantially as provided for bond elections in K.S.A. 10-120 and amendments thereto. An estimate of the cost of the improvement may or may not be included in the resolution and in the notice of election and in the proposition as stated on the ballot. If no sufficient protest is filed or if there is an election and a majority of those voting at the election vote in favor of the improvement, the governing body shall by ordinance provide for the improvement.

        If the cost is to be paid by bonds, temporary notes may be issued as provided by K.S.A. 10-123 and amendments thereto, during the progress of the work, and after the improvement is completed and the total cost ascertained, bonds shall be issued by ordinance. If only a percentage (which shall not be less than 50%) of the cost is paid by the city, the remaining cost shall be assessed against the adjacent real property, without regard to the value of the improvements, to the middle of the block on either side and, as to unplatted territory, as provided in K.S.A. 12-606 and amendments thereto, without regard to grading district and not by blocks. The portion of the cost to be assessed against the property in the improvement district shall be apportioned in the manner provided in K.S.A. 12-608 or 12-6a08, and amendments thereto.

        History:   L. 1945, ch. 131, § 1; L. 1974, ch. 77, § 1; L. 1981, ch. 173, § 36; July 1.

• 13-10,116: Same; state and federal cooperation. The city may cooperate with the state or with the federal government or with both in the planning and financing of the improvement and if state or federal funds are available to apply on the cost, the city may enter into such agreements or contracts with the state or federal government as may be necessary.

        History:   L. 1945, ch. 131, § 2; June 28.

• 13-10,117: Same; what improvements include. The improvement or reimprovement may include the acquisition of right-of-way to extend or widen the street or for the rounding of corners or for the straightening of the street. The improvement, in addition to permanent construction or reconstruction, may also include necessary bridges, culverts, drainage, gutters, curbing and incidentals. For the purpose of this act, the resolution declaring a street to be a major traffic street shall be conclusive that such street is a major traffic street.

        History:   L. 1945, ch. 131, § 3; June 28.

• 13-10,118: Same; act is supplemental. This act shall be supplemental to all other acts relating to the improvement of streets, and it shall not prevent the use of other statutes for the improving of any such street.

        History:   L. 1945, ch. 131, § 4; June 28.

• 13-10,119: Cities of 60,000 or more; repair of paved streets; cost estimate. Whenever the governing body of any city of the first class having a population of sixty thousand (60,000) or more shall determine by resolution the necessity to repair the paved streets of such city or any portions thereof which have become damaged to such an extent that passage thereover is difficult and dangerous, then it shall cause to be made by the city engineer or some competent person an estimate under oath of the cost of the improvements so contemplated. The governing body shall at its first regular meeting after the filing of such estimate determine the reasonableness thereof and whether the improvements contemplated shall be made. If such estimate is approved, then the governing body may cause such improvements to be made at the general expense of the city.

        History:   L. 1949, ch. 160, § 1; L. 1951, ch. 154, § 1; L. 1955, ch. 94, § 2; June 30.

• 13-10,120: Same; contracts; equipment. The governing body of said city may contract for the making of such repairs or may purchase or otherwise acquire the necessary tools and machinery to permit the city to make such repairs itself. In neither case, however, shall the cost of such repairs exceed the estimated cost thereof as provided in K.S.A. 13-10,119, nor shall the city be liable for any cost exceeding such estimate.

        History:   L. 1949, ch. 160, § 2; April 8.

• 13-10,121: Same; bonds. In order to pay the cost of improvements authorized by this act, such city is authorized to issue its general improvement bonds in an amount not exceeding seventy-five thousand dollars ($75,000) in any one calendar year: Provided, Any city having a population of more than sixty thousand (60,000) and not more than one hundred thirty thousand (130,000) is hereby authorized to issue its general improvement bonds in an amount not exceeding one hundred twenty-five thousand dollars ($125,000) in any one calendar year: Provided further, Any city having a population of more than one hundred thirty thousand (130,000) and not more than one hundred fifty thousand (150,000) is hereby authorized to issue its general improvement bonds in an amount not exceeding one hundred thousand dollars ($100,000) in any one calendar year. Such bonds shall be issued as provided by law, but shall not be subject to nor limited by any tax levy limitation or limitations of indebtedness.

        History:   L. 1949, ch. 160, § 3; L. 1951, ch. 154, § 2; L. 1961, ch. 97, § 1; June 30.

• 13-10,122: Same; limitations. No bonds shall be issued under the authority of this act in excess of the total sum of three hundred seventy-five thousand dollars ($375,000): Provided, In cities having a population of more than one hundred thirty thousand (130,000) and not more than one hundred fifty thousand (150,000), bonds issued under the authority of this act shall not exceed a total amount of three hundred thousand dollars ($300,000).

        History:   L. 1949, ch. 160, § 4; L. 1951, ch. 154, § 3; L. 1961, ch. 97, § 2; June 30.

• 13-10,123: Cities between 120,000 and 200,000; repair of paved streets; cost estimate. Whenever the governing body of any city of the first class having a population of more than one hundred twenty thousand (120,000) and less than two hundred thousand (200,000) shall determine by resolution the necessity to repair the paved streets of such city or any portions thereof which have become damaged to such an extent that passage thereover is difficult and dangerous, then it shall cause to be made by the city engineer or some competent person an estimate under oath of the cost of the improvements so contemplated. The governing body shall at its first regular meeting after the filing of such estimate determine the reasonableness thereof and whether the improvements contemplated shall be made. If such estimate is approved, then the governing body may cause such improvements to be made at the general expense of the city.

        History:   L. 1955, ch. 114, § 1; April 9.

• 13-10,124: Same; contracts; equipment. The governing body of said city may contract for the making of such repairs or may purchase or otherwise acquire the necessary tools and machinery to permit the city to make such repairs itself. In neither case, however, shall the cost of such repairs exceed the estimated cost thereof as provided in K.S.A. 13-10,123, nor shall the city be liable for any cost exceeding such estimate.

        History:   L. 1955, ch. 114, § 2; April 9.

• 13-10,125: Same; bonds. In order to pay the cost of improvements authorized by this act, such city is authorized to issue its general improvement bonds in an amount not exceeding one hundred thousand dollars ($100,000) in any one calendar year. Such bonds shall be issued as provided by law, but shall not be subject to nor limited by any tax levy limitation or limitation of indebtedness.

        History:   L. 1955, ch. 114, § 3; April 9.

• 13-10,126: Same; limitation. No bonds shall be issued under the authority of this act in excess of the total sum of eight hundred thousand dollars ($800,000).

        History:   L. 1955, ch. 114, § 4; L. 1959, ch. 92, § 1; June 30.

• 13-10,127:

        History:   L. 1961, ch. 100, § 1; Repealed, L. 1975, ch. 94, § 1; July 1.

• 13-10,128: Storm drainage districts in cities between 100,000 and 150,000 and in cities in urban area counties. The governing body of any city of the first class having a population of more than one hundred thousand (100,000) and less than one hundred fifty thousand (150,000), and the governing body of any city located in a county which has been designated as an "urban area" under the constitution of the state, may provide for the creation of storm drainage districts under the provisions of this act.

        History:   L. 1967, ch. 111, § 1; L. 1968, ch. 174, § 1; July 1.

• 13-10,129: Ordinance creating district, required provisions; filing of copies. The governing body of the city shall provide by ordinance for the creation of storm drainage districts. Such ordinance shall designate the district by appropriate name or number, define and fix the boundaries of the district, contain a map showing the location of the same, and shall be published once in the official city newspaper. A certified copy of such ordinance shall be filed in the office of the county clerk and the register of deeds of such county.

        History:   L. 1967, ch. 111, § 2; April 28.

• 13-10,130: Same; establishment of program; costs, how paid. Whenever a storm drainage district has been created under the provisions of this act, the governing body of the city shall establish a program for the construction, reconstruction, repair and maintenance of storm sewers and drains for the purpose of carrying off storm water from such district and for the purpose of paying the costs therof, the governing body of such city may levy a tax and may issue bonds of the city in the manner hereinafter provided or may pay such portion of the cost of any improvement from other funds of the city which may be properly used for such purpose, as the governing body may determine.

        History:   L. 1967, ch. 111, § 3; April 28.

• 13-10,131: Same; fund, uses. A separate fund shall be created in the city treasury for each storm drainage district and identified by the name or number of such district. The proceeds from tax levies and the sale of bonds or temporary notes authorized under the provisions of this act on behalf of each district shall be credited to the fund of such district. Moneys from such fund shall be used solely for the purpose of paying costs incurred in constructing, reconstructing, repairing or maintaining storm sewers and drains within the district for which such fund was created.

        History:   L. 1967, ch. 111, § 4; April 28.

• 13-10,132: Same; tax levies. The governing body of any city creating a storm drainage district under the provisions of this act is hereby authorized to levy an annual tax of not to exceed three (3) mills upon all of the property located within the district for the purpose of providing funds for the payment of the costs of constructing, reconstructing, repairing and maintaining storm sewers and drains within such district.

        History:   L. 1967, ch. 111, § 5; April 28.

• 13-10,133: Same; bonds; protest petition; election provisions. The governing body of any city which has created a storm drainage district under the provisions of this act may issue general obligation bonds of the city or bonds payable by a tax levy against property located within such district to pay the cost of constructing storm sewers and drains within such districts. Such bonds may either be paid by the watershed district or by the city at large or by a combination thereof. Before any bonds are issued, the governing body of the city shall cause to be published once each week for two consecutive weeks in the official city newspaper a notice of its intention to cause the improvement to be made and to issue bonds of the city to pay the costs thereof. The notice shall describe the improvement proposed to be made and the amount of bonds proposed to be issued. Such bonds may be issued and the improvement made unless a petition requesting an election upon the issuance of such bonds is filed in accordance with this section. Such petition shall be signed by electors equal in number to not less than 10% of the electors who voted at the last preceding regular city election as shown by the poll books and shall be filed in the office of the city clerk within 20 days following the last publication of such resolution. If a sufficient petition is filed within the time provided, no such bonds shall be issued until the governing body of the city shall have submitted the question to and received the approval of a majority of the electors voting on the proposition at an election called and held for such purpose.

        Any election called and held and any bonds issued under the provisions of this section shall be in the manner provided by the general bond law.

        History:   L. 1967, ch. 111, § 6; L. 1981, ch. 173, § 37; July 1.

• 13-10,140: Establishment of special improvement fund by certain cities; amount; expenditures, purposes, conditions and limitations; certain moneys may be credited to fund. Any city having a commission form of government and a population of more than one hundred fifty thousand (150,000) and less than two hundred thousand (200,000) may, by ordinance, establish a special improvement fund in the city treasury, of not to exceed five hundred thousand dollars ($500,000). Such fund shall be used to pay the preliminary cost of any improvement to be financed under a special assessment law or to be financed by general obligation bonds. Such preliminary costs shall include planning, engineering or architect fees and the initial cost of such improvements when ordered by the governing body of the city and until temporary notes, improvement bonds or general obligation bonds have been issued and sold: Provided, That such fund shall be reimbursed from the proceeds of such temporary notes, improvement bonds or general obligation bonds.

        Such fund need not be budgeted for expenditures during any year, but the amount thereof shall be stated in the public budget of expenditures. All grants-in-aid or contributions made to the city for planning and preparation of plans for improvements to be financed, or partially financed, by special assessment bonds or general obligation bonds may be credited to the special improvement fund, and the amount of such aid or contribution shall be in addition to the amount of such fund otherwise limited by this section: Provided, That where an election is required to authorize the issuance of bonds by the city, no expenditures shall be made from the special improvement fund until the city has held an election and been authorized to issue bonds; and where bonds may be issued without an election, no expenditures shall be made from this fund until the proper proceedings have been taken to initiate and authorize the bonds.

        History:   L. 1971, ch. 56, § 1; July 1.

• 13-10,141: Property damaged in certain cities by flood; reconstruction or repair; tax levy, use of proceeds; election required. The governing body of any city of the first class located in a county having a population of more than twenty-five thousand (25,000) and less than twenty-seven thousand (27,000) shall have the power to levy an annual tax of not to exceed two mills for a period not to exceed five years upon the taxable tangible property within such city for the purpose of creating a fund to be used for the purpose of reconstructing or repairing any property owned by such city which has been damaged or destroyed by flood waters or conditions resulting therefrom 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.

        No city shall levy such tax until the question of making such levy is submitted to the qualified electors of the city at a special election called for the purpose and approved by a majority of those voting thereon. Such election shall be called, noticed and held in accordance with the provisions of K.S.A. 10-120.

        History:   L. 1974, ch. 68, § 1; L. 1979, ch. 52, § 59; July 1.

• 13-10,142: Same; disposition of moneys; use. All moneys derived from taxes levied by any city under the authority of K.S.A. 13-10,141 shall be placed in a special flood damage repair fund and shall be used only for the purposes set forth in K.S.A. 13-10,141.

        History:   L. 1974, ch. 68, § 2; July 1.

• 13-10,143:

        History:   L. 1974, ch. 68, § 3; Repealed, L. 1990, ch. 66, § 60; May 31.