Kansas Statutes

Chapter 15: Cities Of The Third Class

PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE THIRD CLASS

Article 7: Public Improvements

Statutes:

• 15-701:
• 15-702 to 15-705:
• 15-706:
• 15-707:
• 15-707a:
• 15-707b:
• 15-707c:
• 15-708:
• 15-708a:
• 15-709:
• 15-710: Relevy of special assessments; when.
• 15-711: Additional system of artificial lights for certain districts.
• 15-712: Additional lighting in certain areas of city; construction and maintenance; tax levy, use of proceeds.
• 15-713:
• 15-714 to 15-716:
• 15-717:
• 15-718: Street and alley improvements; cooperation with state and federal government.
• 15-719: Same; temporary notes and bonds; bond election.
• 15-720: Improvement or maintenance of certain streets; bonds; election.
• 15-721, 15-722:
• 15-723, 15-724:
• 15-724a, 15-724b:
• 15-725:
• 15-726:
• 15-727 to 15-729:
• 15-730:
• 15-731: Bonds for street and highway improvements, bridges and culverts; election.
• 15-731a: Bonds for improving streets; election and nonlitigation certificate not required.
• 15-732:
• 15-733: Repair and maintenance of streets; tax levy, use of proceeds.
• 15-734:
• 15-735:
• 15-736:

• 15-701:

        History:   L. 1907, ch. 130, § 1; R.S. 1923, § 15-701; Repealed, L. 1973, ch. 82, § 1; July 1.

• 15-702 to 15-705:

        History:   R.S. 1923, §§ 15-702 to 15-705; Repealed, L. 1959, ch. 68, § 1; June 30.

• 15-706:

        History:   L. 1921, ch. 144, § 1; R.S. 1923, § 15-706; L. 1933, ch. 142, § 1; Repealed, L. 1959, ch. 78, § 5; June 30.

• 15-707:

        History:   L. 1921, ch. 144, § 2; R.S. 1923, § 15-707; Repealed, L. 1959, ch. 78, § 5; June 30.

• 15-707a:

        History:   L. 1937, ch. 162, § 1; Repealed, L. 1951, ch. 131, § 1; June 30.

• 15-707b:

        History:   L. 1947, ch. 174, § 1; Repealed, L. 1959, ch. 78, § 5; June 30.

• 15-707c:

        History:   L. 1951, ch. 197, § 1; Repealed, L. 1963, ch. 129, § 1; June 30.

• 15-708:

        History:   R.S. 1923, § 15-708; Repealed, L. 1959, ch. 78, § 5; June 30.

• 15-708a:

        History:   L. 1953, ch. 121, § 1; Repealed, L. 1975, ch. 122, § 1; July 1.

• 15-709:

        History:   L. 1929, ch. 98, § 1; L. 1951, ch. 188, § 1; L. 1967, ch. 114, § 1; Repealed, L. 1978, ch. 71, § 1; July 1.

• 15-710: Relevy of special assessments; when. In case the mayor and council of any city of the third class shall have heretofore levied or shall hereafter levy any special assessment for any public improvement in said city, which special assessments are or may be informal, illegal, irregular or void for the want of sufficient authority to make or levy the same, or for any cause whatsoever, the mayor and council of such city may at any time relevy any such special assessments in the manner provided and against the property liable for assessment for such improvement at the time of the making thereof: Provided, That in all cases where informal, illegal, irregular or void special assessments levied for any improvement against any lot or piece of land shall have been paid, in whole or in part, such lot or piece of land shall not be reassessed for the assessment or the part thereof so paid.

        History:   L. 1927, ch. 147, § 1; June 1.

• 15-711: Additional system of artificial lights for certain districts. The governing body of any city of the third class is hereby authorized to especially illuminate such districts within such city as it may deem expedient, and to construct, equip, and maintain a system of artificial lights for that purpose, in addition to any system now provided for by law, subject to the limitations and in the manner hereinafter provided.

        History:   L. 1929, ch. 137, § 1; March 14.

• 15-712: Additional lighting in certain areas of city; construction and maintenance; tax levy, use of proceeds. The governing body of cities of the third class may levy an annual tax on all taxable tangible property in such city for the purpose of constructing, equipping, maintaining and defraying the cost of lighting the streets of such city 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.

        History:   L. 1929, ch. 137, § 2; L. 1931, ch. 134, § 1; L. 1945, ch. 149, § 1; L. 1970, ch. 82, § 2; L. 1975, ch. 494, § 28; L. 1979, ch. 52, § 78; July 1.

• 15-713:

        History:   L. 1929, ch. 137, § 3; Repealed, L. 1975, ch. 123, § 1; July 1.

• 15-714 to 15-716:

        History:   L. 1929, ch. 136, §§ 1 to 3; Repealed, L. 1953, ch. 120, § 7; June 30.

• 15-717:

        History:   L. 1939, ch. 142, § 1; Repealed, L. 1957, ch. 141, § 1; June 29.

• 15-718: Street and alley improvements; cooperation with state and federal government. The governing body of any city of the third class is hereby authorized and empowered to construct and improve the streets and alleys of the city, and may cooperate with the state or with the federal government, or both, in the planning and financing of any such improvement. If state or federal funds are available to apply to the costs of any such improvement, the city may enter into such agreement and contract with the state or federal government as necessary and proper to obtain financial aid from the state or federal government for that purpose.

        History:   L. 1945, ch. 150, § 1; L. 1981, ch. 173, § 52; July 1.

• 15-719: Same; temporary notes and bonds; bond election. To provide for the payment of the city's share of the cost of any such street or alley improvement, any such city may issue temporary notes and bonds of said city: Provided, That nothing herein shall be construed to authorize the issuance of any obligations of any city in excess of the present limitations of indebtedness, prescribed by law: And further provided, That bonds shall not be issued as authorized herein until the question shall have been approved by a vote of the electors at a general city election, or a special election called for that purpose. Any such bond election shall be conducted according to the procedure outlined in the general bond law.

        History:   L. 1945, ch. 150, § 2; June 28.

• 15-720: Improvement or maintenance of certain streets; bonds; election. Whenever the governing body of any city of the third class shall deem it necessary to regrade, repave, reoil, remacadamize, resurface, repair, or maintain any street or portion of any street which has been graded, paved, oiled, macadamized, surfaced, repaired, or maintained under the provisions of K.S.A. 12-602 or 12-665, and amendments thereto, the governing body may cause such street or portion of a street to be regraded, repaved, reoiled, remacadamized, resurfaced, repaired, or maintained and the same may be ordered by resolution of the governing body of the said city and shall be done at the expense of the city, and the payment of the cost of such regrading, repaving, reoiling, remacadamizing, resurfacing, repairing, and maintenance may be made by the issuance of improvement bonds of the city.

        Such bonds shall be made payable at such time as the governing body shall provide by ordinance but none of such bonds shall run longer than ten (10) years nor bear interest at a rate exceeding the maximum rate of interest prescribed by K.S.A. 10-1009, and the credit of the city shall be pledged to the payment thereof. Before any such bonds shall be issued and the work commenced, the question of performing such work and issuing such bonds shall be submitted to a vote of the electors of the city.

        A majority of the votes cast at the special election held for such purpose or a majority of the votes cast on a proposal at any general election when the question is submitted shall be considered sufficient to approve the proceedings under this act. The said election may be called by the governing body of the city at any time when it deems such action advisable. The election shall be held in accordance with the general laws of the state governing elections for a similar purpose.

        All bonds issued under the provisions of this act shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise specifically provided.

        History:   L. 1947, ch. 176, § 1; L. 1970, ch. 64, § 44; L. 1978, ch. 99, § 21; April 25.

• 15-721, 15-722:

        History:   L. 1947, ch. 4, §§ 1, 2; Repealed, L. 1963, ch. 130, § 1; June 30.

• 15-723, 15-724:

        History:   L. 1947, ch. 179, §§ 1, 2; Repealed, L. 1973, ch. 83, § 1; July 1.

• 15-724a, 15-724b:

        History:   L. 1955, ch. 134, §§ 1, 2; Repealed, L. 1961, ch. 113, § 1; June 30.

• 15-725:

        History:   L. 1947, ch. 175, § 1; Repealed, L. 1959, ch. 78, § 5; June 30.

• 15-726:

        History:   L. 1949, ch. 183, § 1; Repealed, L. 1975, ch. 122, § 1; July 1.

• 15-727 to 15-729:

        History:   L. 1949, ch. 184, §§ 1 to 3; Repealed, L. 1959, ch. 82, § 1; June 30.

• 15-730:

        History:   L. 1951, ch. 193, § 1; Repealed, L. 1959, ch. 71, § 7; June 30.

• 15-731: Bonds for street and highway improvements, bridges and culverts; election. Any city of the third class may issue general obligation bonds payable by the city at large to surface, resurface, pave, repave, curb, recurb, gutter, regutter, or otherwise improve any street or streets, avenue or avenues or other public highway or highways, other than an alley, together with necessary bringing to grade and grading, and with such culverts, drainage facilities and other incidentals as may be necessary, and to build bridges and approaches thereto, any or all of these, when authorized so to do by an election called for any one or more of such purposes and when a majority of those voting on the proposition vote in favor thereof.

        The governing body may call an election at any time by passing an ordinance describing the street or streets, avenue or avenues or other public highway or highways or parts thereof to be improved, or the location of the bridge to be constructed, and describing in general terms the improvement or improvements to be made and the maximum amount of bonds to be issued. If the amount of bonds authorized is not sufficient to complete the project or projects as voted upon, such part of the project or projects shall be abandoned as will bring the cost within the maximum amount of bonds authorized. In case any street, avenue or other public highway or part thereof is not improved because of insufficient bond authorization, it may be included in any subsequent election.

        For bonded debt purposes such bonds shall be considered the same as bonds issued to pay the cost of improvements of intersections of streets. Bonds issued under this act shall be issued, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise expressly provided. The provisions of this act are supplemental to other statutes relating to similar street improvements and shall not prevent the city from using other available statutes.

        History:   L. 1951, ch. 194, § 1; June 30.

• 15-731a: Bonds for improving streets; election and nonlitigation certificate not required. The governing body of any city which, prior to the effective date of this act, has authorized, pursuant to the provisions of K.S.A. 15-731, and amendments thereto, the issuance of general obligation bonds of the city in the amount of $250,000 for the purpose of resurfacing and repaving and otherwise improving certain streets in the city together with necessary grading and drainage appurtenant thereto is hereby authorized to issue and sell such bonds in the manner provided by law without approval by election and without executing a nonlitigation certificate required by K.S.A. 10-108a, and amendments thereto. All proceedings for the issuance of such bonds and all bonds issued pursuant thereto are hereby validated and confirmed. The total amount of bonds issued under authority of this act shall not exceed the amount of $250,000.

        History:   L. 1986, ch. 87, § 1; May 8.

• 15-732:

        History:   L. 1955, ch. 306, § 1; Repealed, L. 1975, ch. 349, § 2; July 1.

• 15-733: Repair and maintenance of streets; tax levy, use of proceeds. Any city of the third class is hereby authorized to make an annual tax levy on all taxable tangible property in such city to be used for the purpose of providing funds for regrading, repaving, reoiling, remacadamizing, resurfacing, repairing or maintaining any street or any portion of any street which is located within such city 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.

        History:   L. 1957, ch. 139, § 1; L. 1970, ch. 82, § 3; L. 1975, ch. 494, § 29; L. 1979, ch. 52, § 79; July 1.

• 15-734:

        History:   L. 1959, ch. 113, § 1; L. 1961, ch. 114, § 1; L. 1970, ch. 82, § 4; Repealed, L. 1975, ch. 494, § 39; July 1.

• 15-735:

        History:   L. 1965, ch. 539, § 1; L. 1970, ch. 82, § 5; Repealed, L. 1973, ch. 74, § 1; July 1.

• 15-736:

        History:   L. 1981, ch. 62, § 1; L. 1982, ch. 87, § 1; Repealed, L. 1995, ch. 53, § 1; July 1.