If any city of the second class has already carved out and designated
any portion or portions of its territory into a sewer district or
districts, and the property in such district or districts has already been
taxed for building any large sewer used as a main intercepting sewer, into
which lateral sewers are emptied, and the territory of the city at large
has not been taxed for building such main sewer or sewers in said
districts, and in the judgment of the governing body of any such city such
main intercepting sewer or sewers should be extended so that it may be used
as a main intercepting sewer into which the lateral sewers of the other
portions of the city and the other districts of the city to be carved out
and designated may be emptied, and that the expense of the said main sewer
or sewers, including that portion already built, should be borne by the
whole territory of the city, the governing body may by ordinance, as above
provided, declare that a main intercepting sewer or sewers are necessary as
a condition precedent to the further division of such city into sewer
districts, and that for the purpose of extending and constructing such main
sewer or sewers and paying for that portion already constructed, declare
all the territory of the city to be one sewer district, and tax all
property in the city for such purpose.
In case of any such extension or use of a main sewer as last above
mentioned, the city shall pay to the parties then owning the property in
the district or districts which constructed such sewer the amounts paid by
such property in the construction of the same. If bonds are issued, as
hereinafter provided, the city may issue, in addition to the sum necessary
to make the extensions, such amount as may be necessary to make the
payments for the old sewer, as hereinabove provided.
14-518: Same; laws applicable; cost of plans for main sewer.
The other provisions of law relating to the construction of sewers shall
govern any city of the second class in the construction of the lateral
sewers herein referred to, in the manner as by law provided, but the said
main sewer herein provided for shall be builded and constructed at the
expense of the entire municipality, upon plans and specifications and
advertising for the lowest bidder, as provided by law for the making of
other internal improvements.
History: R.S. 1923, § 14-518; Dec. 27.
14-519: Same; bonds for main sewer.
For the purpose of paying for such main sewer herein provided for, the
municipal authorities of cities of the second class may issue bonds and
sell and dispose of the same in any sum not exceeding forty thousand
dollars, in addition to the authority now vested in them by law for the
creation of indebtedness of such city; that is to say, they may issue said
bonds without regard to the other indebtedness of said city, for the
purpose of building said main intercepting sewer. The bonds thus to be
issued shall be issued as provided by law.
History: R.S. 1923, § 14-519; Dec. 27.
14-520: Same; power of governing body.
For the purpose of making the improvements aforesaid, as in this act
provided, the governing body of said cities of the second class shall be
the sole judges of the expediency of making said improvements provided for
herein and the issuance of said bonds in payment therefor, the protest of
any person or persons whomsoever to the contrary notwithstanding.
History: L. 1905, ch. 117, § 5; March 21; R.S. 1923, § 14-520.
14-521: Same; depth and size of main sewer.
The said sewer so to be constructed shall be sunk in the ground deep
enough and be large enough to carry off the sewage for the territory
drained by it and the other sewerage systems that may be constructed to a
connection therewith as well.
History: L. 1905, ch. 117, § 6; March 21; R.S. 1923, § 14-521.
14-523: Same; how paid; plans and specifications.
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. 1911, ch. 103, § 2; L. 1917, ch. 106, § 2; Feb. 23; R.S. 1923, §
14-523.
14-524: Same; bonds; not within debt limitation; protest petition on
bonds in excess of $50,000.
For the purpose of paying for each storm water sewer or drain ordered
constructed by it under this act the governing body of any city, except
cities located within a county having a population of more than one hundred
eighty thousand (180,000) and less than two hundred thousand (200,000), may
issue general obligation bonds in an amount not to exceed three hundred
thousand dollars ($300,000), and such bonds shall not be subject to, nor
included in any restrictions or limitations upon the amount of bonded or
other indebtedness of said city contained in any other law. The bonds thus
to be issued shall be a lien upon all of the taxable tangible property in
said city, and shall be issued as provided by law. No bonds shall be issued
under the provisions of this section in excess of fifty thousand dollars
($50,000) 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
the petition is filed within the prescribed time, no such bonds may be
issued unless a majority of the qualified electors approve such issuance at
the next primary or general election.
History: R.S. 1923, § 14-524; L. 1975, ch. 116, § 1; July 1.
14-526, 14-527:
History: L. 1913, ch. 72, §§ 1, 2; R.S. 1923, §§
14-526, 14-527; Repealed, L. 1975, ch. 115, § 1; July 1.
14-528, 14-529:
History: R.S. 1923, §§ 14-528, 14-529; Repealed,
L. 1973, ch. 80, § 1; July 1.
14-530:
History: R.S. 1923, § 14-530; Repealed, L. 1973, ch. 74, § 1; July 1.
14-531: Special lighting system in cities of second and third class.
The governing body of any city of the second or third class is hereby
authorized to especially illuminate certain districts thereof and to
construct, install, equip and maintain a system of artificial lights for
that purpose in addition to the system of street lights usually maintained
in such cities, and to provide for the construction and maintenance of the
same in the manner hereafter provided.
History: L. 1915, ch. 141, § 1; R.S. 1923, § 14-531; L. 1925, ch. 102, § 1;
May 28.
14-532: Same; petition; notice and hearing.
Whenever a petition is filed in the office of the city clerk of any such
city, setting forth that a certain street or portion of a street, not less
than one block, naming and describing it, should be specially illuminated,
and that an additional system of lights is necessary for that purpose, and
stating that such illumination thereof will be conducive to the public
convenience and welfare, and signed by the resident owners of not less than
one-half of the feet owned by residents, and fronting or abutting upon the
street or portion of street described in the petition, and praying the
mayor and council or board of commissioners of such city to specially
illuminate such street or portion of street, and to construct, install,
equip and maintain an additional system of street lights for that purpose,
it shall be the duty of the governing body to forthwith fix a time and
place for the hearing of such petition, and to cause the city clerk to give
notice thereof in the official city paper at least five days before the
date fixed for the hearing, which shall be within twenty days from the date
of the filing of such petition. The lots or pieces of land owned by persons
not residents of such city shall not be taken into account in determining
the sufficiency of any such petition.
History: L. 1915, ch. 141, § 2; May 22; R.S. 1923, § 14-532.
14-533: Same; hearing; installation.
At the time and place set for the hearing of the petition, as provided
in the next preceding section, it shall be the duty of the governing body
to first ascertain and determine whether notice has been given of the time
and place fixed for the hearing, as required by this act; and if it shall
be determined that such notice has been given, to make a declaration and
finding of that fact, and cause the same to be entered upon the records by
the city clerk; and thereupon to hear all persons in favor of or opposed to
granting the prayer of said petition, and all other evidence that it may
desire to hear for the purpose of ascertaining whether such petition is
signed by the proper number of persons, possessing the qualification
prescribed in this act, and whether the statements of such petition are
true; and if, upon such hearing, it shall be found that such petition is in
conformity to the requirement of this act, and that the allegations thereof
are true, and that it is advisable to so illuminate said street or portion
of a street, and that the cost thereof will not be too burdensome upon the
persons to be directly benefited, then such governing body shall make a
finding and decision to that effect, and shall, by resolution, declare the
construction, installation, equipment and maintenance of such additional
system of lights as may be required for that purpose necessary to be done;
and such governing body shall then have power to cause such additional
system of lighting to be constructed, installed, equipped, and maintained,
and to contract therefor.
The lights shall be of such kind and at such intervals as shall be fixed
by the governing body: Provided, That the petitioners may specify the
kind and number of lights to be installed and operated, subject to the
approval of the governing body.
History: L. 1915, ch. 141, § 3; May 22; R.S. 1923, § 14-533.
14-534: Same; expense and operation; assessments; contracts.
The cost and expense of constructing, installing, and equipping such
additional system of lights shall be assessed against the lots or pieces of
land abutting on the portion of street described in the petition, according
to the front foot thereof, 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 said system of lights may be
constructed, installed, and equipped before, during, or after the
collection of the special assessment, as may be deemed proper by the
governing body.
When said lights are so installed, the city shall operate them, and the
cost and expense of maintaining and operating such additional system of
lights, and of so illuminating such street, shall be paid by the city out
of the revenue derived from a tax levied for such purpose, as hereinafter
provided. The governing body of such city may contract with private
individuals or corporations for such lighting system, or any part thereof,
or the city may, itself, do the work, or any part thereof: Provided,
That no contract or renewal thereof shall be awarded to any private
individual or corporation for a period greater than ten years.
History: L. 1915, ch. 141, § 4; May 22; R.S. 1923, § 14-534.
14-535: Same; costs;
tax levy, use of proceeds; special lighting fund.
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 paying the cost and expenses of
maintaining and operating such additional system of lights as
hereinbefore provided 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 known as the
"special lighting fund."
History: L. 1915, ch. 141, § 5; R.S. 1923, § 14-535; L. 1970,
ch. 69, § 16; L. 1975, ch. 494, § 22; L. 1979, ch. 52, § 68; July 1.
14-536: Same; limitation of actions.
No suit or action of any kind shall be maintained in any court to set
aside or in any way contest or enjoin the levy or collection of any tax or
special assessment levied under the provisions of this act, after the
expiration of thirty days from the time the amount due on such lot or piece
of ground liable for such assessment is ascertained.
History: L. 1915, ch. 141, § 6; May 22; R.S. 1923, § 14-536.
14-536a:
History: L. 1943, ch. 125, § 1; L. 1947, ch. 157, §
1; Repealed, L. 1973, ch. 58, § 1; July 1.
14-537: City parks commission; membership; increase in, when; powers
and duties.
Every city of the second class establishing city parks under the
provisions of K.S.A. 12-1301 to 12-1306, inclusive, and acts amendatory
thereof or supplemental thereto, is hereby authorized to perform all the
duties and exercise all the powers therein granted and imposed through a
city parks board, composed of five (5) members who shall serve without
compensation, one of whom shall be the mayor or a councilman or a
commissioner, appointed by the mayor and shall be ex officio chairman of
such board; and the other members shall be resident taxpayers of the city:
Provided, That the governing body of any city of the second class
owning and maintaining a golf course may increase the membership of the
city park board from five (5) to nine (9) members.
No member of said parks commission shall be related by blood or marriage
to the mayor, to any city commissioner, to any member of the council, or to
any officer of the city government. The first term of the members of the
city parks commission first appointed shall expire at the expiration of the
term of the mayor who appoints the commission, and the term of office
thereafter shall be for two (2) years unless sooner removed by the mayor.
The city parks commission shall make an annual report of all its
proceedings and the condition of the parks of the city to the governing
body in the month of January of each year.
History: L. 1921, ch. 133, § 1; R.S. 1923, § 14-537; L. 1959, ch. 106, § 1;
June 30.
14-538: Same; maintenance of parks; tax levy, use of proceeds.
For the purpose of maintaining such parks 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
named in K.S.A. 14-537 is hereby authorized to levy a tax on all taxable
tangible property in the city.
History: L. 1921, ch. 133, § 2; R.S. 1923, § 14-538; L. 1970,
ch. 81, § 2; L. 1975, ch. 494, § 23; L. 1979, ch. 52, § 69; July 1.
14-539: Same; laws applicable.
All the provisions of Laws of 1909, chapter 69, sections 1 [12-1301], 2
[12-1302] and 3 [12-1303], as amended by Laws of 1915, chapter 125, section
1 [12-1301], Laws of 1913, chapter 81, section 1, and Laws of 1915,
chapter 124, section 1 [12-1306], insofar as they can be made applicable to
this act, are hereby adopted and made a part hereof.
History: L. 1921, ch. 133, § 3; May 25; R.S. 1923, § 14-539.
14-539a:
History: L. 1943, ch. 123, § 1; Repealed, L. 1947, ch. 127, §
1; April 11.
14-539b:
History: L. 1943, ch. 122, § 1; Repealed, L. 1953, ch. 64, §
1; June 30.
14-540:
History: L. 1927, ch. 143, § 1; L. 1938, ch. 36, §
1; Repealed, L. 1975, ch. 349, § 2; July 1.
14-541, 14-542:
History: L. 1927, ch. 143, §§ 2, 3; Repealed, L.
1975, ch. 349, § 2; July 1.
14-543 to 14-545:
History: L. 1931, ch. 132, §§ 1 to 3; Repealed, L.
1975, ch. 349, § 2; July 1.
14-546:
History: L. 1931, ch. 130, § 1; L. 1933, ch. 137, §
1; Repealed, L. 1959, ch. 71, § 7; June 30.
14-547, 14-548:
History: L. 1931, ch. 130, §§ 2, 3;
Repealed, L. 1959, ch. 71, § 7; June 30.
14-548a:
History: L. 1955, ch. 125, § 1; Repealed, L. 1959, ch. 71, §
7; June 30.
14-549:
History: L. 1935, ch. 86, § 1; L. 1941, ch. 150, §
1; Repealed, L. 1974, ch. 86, § 1; July 1.
14-550:
History: L. 1939, ch. 138, § 1; L. 1947, ch. 158, §
1; Repealed, L. 1973, ch. 74, § 1; July 1.
14-551:
History: L. 1939, ch. 138, § 2; L. 1970, ch. 64, §
40; Repealed, L. 1973, ch. 74, § 1; July 1.
14-552:
History: L. 1939, ch. 138, § 3;
Repealed, L. 1973, ch. 74, § 1; July 1.
14-553, 14-554:
History: L. 1941, ch. 158, §§ 1, 2; Repealed, L.
1947, ch. 126, § 1; June 30.
14-555:
History: L. 1941, ch. 161, § 1; L. 1945, ch. 136, §
1; Repealed, L. 1957, ch. 134, § 1; June 29.
14-556: Improvement of state or federal highways; eminent domain;
bonds.
The governing body of any city of the second class is hereby authorized
and empowered to improve state or federal highways located in such city,
and in order to do so may condemn or purchase land at such times and in
such amount as may be necessary for the improvement or widening of the
state or federal highways located in any such city. The cost of such
improvement and of the land condemned or purchased shall be paid out of any
funds, which such city may have on hand, or such city may issue general
improvement bonds in the manner provided by law to procure such funds.
History: L. 1941, ch. 168, § 1; April 1.
14-557: Same; bond election.
The necessity for the condemnation or purchase of land and the
improvement or widening of any state or federal highway, including the
character of improvements, located in any city referred to in K.S.A.
14-556, shall be determined by the governing body of any such city. No
bonds shall be issued pursuant to the provisions hereof until the issuance
thereof has been authorized by a majority vote of the qualified electors
voting at a general city election or a special election called for that
purpose, and a majority of such electors of such city shall have declared
by their vote in favor of issuing such bonds.
History: L. 1941, ch. 168, § 2; April 1.
14-557a:
History: L. 1951, ch. 380, § 1; Repealed, L. 1973, ch. 74, §
1; July 1.
14-558, 14-559:
History: L. 1945, ch. 146, §§ 1, 2; Repealed, L.
1947, ch. 127, § 1; April 11.
14-560: Repairing or resurfacing certain streets; bonds; election.
Whenever the governing body of any city of the second class shall deem
it necessary to resurface or repair any paved street or any portion
thereof, which paved street was occupied by a street railway and along
which said street railway has abandoned its rails; and the surface of said
paved street by reason of the abandonment by said railway company is in a
condition which requires repairing or resurfacing in order to preserve the
same and to provide a reasonably smooth 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
general obligation bonds of the city.
Such bonds shall be made payable at such time as the governing body
shall provide by ordinance; but none of such bonds shall be issued for a
period of more than ten (10) years nor bear interest at a rate exceeding
the maximum rate of interest prescribed by K.S.A. 10-1009: Provided,
That no bonds be issued under the provisions of this act unless and until
the question of the issuance of the same has been submitted to a vote of
the electors of such city at a regular city election or at a special
election called for that purpose and a majority of those voting on the
question shall have declared by their votes to be in favor of the issuance
of the bonds. Said election may be called by the governing body of the city
at any time when they deem such action advisable. All bonds issued under
this section shall be issued, registered, sold, delivered and retired in
accordance with the provisions of the general bond law except as herein
otherwise expressly provided.
History: L. 1947, ch. 165, § 1; L. 1970, ch. 64, §
41; March 21.
14-561:
History: L. 1949, ch. 179, § 1; Repealed, L. 1959, ch. 107, §
1; June 30.
14-562:
History: L. 1949, ch. 180, § 1; Repealed, L. 1973, ch. 74, §
1; July 1.
14-562a, 14-562b:
History: L. 1953, ch. 112, §§ 1, 2; Repealed, L.
1963, ch. 111, § 1; June 30.
14-563:
History: L. 1951, ch. 179, § 1; Repealed, L. 1963, ch. 112, §
1; June 30.
14-564, 14-565:
History: L. 1951, ch. 184, §§ 1, 2; Repealed, L.
1975, ch. 87, § 1; July 1.
14-566: Charges for sewage disposal system; definition.
Sewage disposal system, for the purposes of this act, shall include the
system of sewers and the sewage disposal plant or plants of a city of the
second class.
History: L. 1953, ch. 117, § 1; June 30.
14-567: Same; ordinance; collection.
The governing body of any city of the second class may by ordinance fix
such charges for the use of the sewage disposal system of said city as may
be just, reasonable and necessary and provide for the manner of the making
and collection of the same.
History: L. 1953, ch. 117, § 2; June 30.
14-568: Same; revenue, uses; sinking fund.
The revenue derived from the charges for the use of the sewage disposal
system shall be placed in the city treasury and kept in a separate fund,
and shall not be paid out nor distributed except for the purpose of
operating, maintaining and renewing the sewage disposal system and the
payment of the salaries of employees engaged in operating said sewage
disposal system, and at any time there may be a surplus in such fund, it
shall be semi-annually placed in a sinking fund for the purpose of retiring
the bonded indebtedness upon said sewage disposal system not primarily
payable by special assessments against the property in a sewer district:
Provided, In the event that said surplus fund shall be used to retire
such outstanding bonds, the same shall be in addition to the money derived
by taxation for such retirement of such bonds as is now provided by law:
Provided further, That when any surplus fund is not needed for any of
the above mentioned purposes, said surplus may be merged into the city
general operating fund.
History: L. 1953, ch. 117, § 3; June 30.
14-569:
History: L. 1953, ch. 117, § 4;
L. 2004, ch. 107, § 3;
L. 2005, ch. 90, § 3;
Repealed, L. 2006, ch. 95, § 4; July 1.
14-570: Bonds to carry out master plan for public improvements, when.
Whenever the city engineer of any city of the second class has filed
with the governing body of such city as master plan for the physical
development of said city, which plan shall be limited to public
improvements within said city, and may provide for assumption of all
outstanding indebtedness of benefit districts heretofore created for public
improvements, and, also, for refunding payments made on assessments when
the outstanding indebtedness of a benefit district is assumed by said city;
and which plan will require a number of years to execute, and such master
plan is approved by the governing body of said city, such city is hereby
authorized to issue general obligation bonds in an amount sufficient to
carry out such a master plan.
History: L. 1953, ch. 115, § 1; June 30.
14-571: Same; election.
No bonds shall be issued under the provisions of this act, unless and
until the same are approved by a vote of the qualified electors of such
city.
History: L. 1953, ch. 115, § 2; June 30.
14-572: Same; bond limitations inapplicable.
Any bonds issued under the provisions of this act shall not be subject
to limitation of bonded indebtedness of such city.
History: L. 1953, ch. 115, § 3; June 30.
14-573:
History: L. 1953, ch. 116, § 1; Repealed, L. 1963, ch. 113, §
1; June 30.
14-574:
History: L. 1957, ch. 517, § 1; Repealed, L. 1975, ch. 115, §
1; July 1.
14-575:
History: L. 1957, ch. 517, § 2; L. 1970, ch. 64, §
42; Repealed, L. 1975, ch. 115, § 1; July 1.
14-576:
History: L. 1965, ch. 141, § 1; Repealed, L. 1975, ch. 115, §
1; July 1.