History: L. 1941, ch. 399, § 1; L. 1943, ch. 328, § 1; L. 1945, ch. 386, § 1; June 28.
All taxes and special assessments herein provided for shall be levied against property within such sewage district, and all bonds herein provided for shall be issued by such sewage district and shall not be an obligation of or lien against property in any part of the township which lies outside of such sewage district or against property in any other sewage districts in such township. The cost of the construction of all main, intercepting and outfall sewers and of all sewage disposal plants, and of the maintenance of the entire sewage system of such sewage district, shall be borne by the real property within such sewage district as a whole. The cost of the construction of lateral sewers within such sewage district shall be borne by the property benefited by such lateral sewers, by the organization of lateral sewer districts or otherwise as herein provided.
History: L. 1941, ch. 399, § 2; L. 1947, ch. 485, § 1; L. 1986, ch. 70, § 41; L. 1996, ch. 184, § 14; May 2.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a sewer district.
History: L. 1997, ch. 143, § 6; May 8.
History: L. 1941, ch. 399, § 3; April 15.
(b) If such engineers shall find that any land in such district cannot be serviced by the proposed sewage system, without extraordinary expenses, on account of the topography of the land or otherwise or that any land in the proposed sewage district is adequately served by sewers they shall so report to the governing body, in which case the governing body shall by resolution, exclude such land from the sewage district, and such land shall not be liable for any part of the cost of constructing or maintaining such sewage system. Such plans and specifications shall be submitted to the governing body of such sewage district, and if approved by the governing body of such district, the same shall be submitted to the secretary of health and environment for approval, and shall be subject to such change and modification as may be reasonably required by the secretary of health and environment and approved by the governing body of the sewage district. Whenever such plans and specifications have been finally approved by the secretary of health and environment and the governing body of such sewage district, a copy of such plans and specifications as finally approved shall be filed with the county clerk of the county within which said township is located and be available for inspection by all persons interested therein.
(c) The cost of such plans and specifications and all other preliminary costs and expenses shall be apportioned to the lots and pieces of land within such proposed sewage district, and collected in one or more installments, as the township board may determine in the manner hereinafter provided for the payment of the cost of construction of such improvements, except whenever such plans and specifications have been filed and approved as herein provided and the governing body of such sewage district shall determine not to call an election at that time on account of federal laws or regulations prohibiting or limiting the construction of public works or prohibiting or limiting the use of any materials necessary to such sewage system; in such case, the governing body of such sewage district shall issue bonds of such sewage district to pay the cost of such plans and specifications and other preliminary expense, which bonds shall be authorized and issued by resolution of the governing body of such sewage district and shall be a lien upon all lots and pieces of land within such sewage district, and shall mature serially or otherwise, as may be specified in such resolution, during a period of not to exceed twenty (20) years from the date of issuance, and except as herein provided, shall be subject to all the provisions of the acts contained in article 1 of chapter 10 of the Kansas Statutes Annotated, and any acts amendatory thereof or supplemental thereto. Any bonds issued for such purposes shall be in addition to and may exceed the limits of bonds for any other purposes as provided by law.
(d) The governing body of any such sewage district issuing bonds under the provisions of this section shall levy such taxes as may be necessary to pay such bonds and interest, and such taxes shall be levied upon all the lots and pieces of land within such sewage district, without regard to the buildings and improvements thereon, at their assessed value, and without further appraisement. Whenever bonds have been issued under the provisions of this section, and if thereafter the governing body of such district, after approval at an election as provided in this act, shall issue bonds for the construction of such sewage system while all or part of the bonds, issued under the provisions of this section, are outstanding, the amount of such outstanding bonds shall be included in the cost of such system and in the total amount of bonds issued for the payment thereof, and the bonds issued under this section shall be exchanged for bonds of the same denomination and maturity of the general bond issue for such improvements.
History: L. 1941, ch. 399, § 4; L. 1943, ch. 328, § 2; L. 1975, ch. 462, § 124; L. 1978, ch. 99, § 40; April 25.
"Shall ______________ township sewage district No. __________ be authorized to construct a sewage system, exclusive of lateral sewers, with sewage-disposal plant (or without sewage-disposal plant, as the case may be), at an aggregate cost to the district of $________, and to issue bonds and make special assessments against all lands in such district for the payment of the same
If a majority of the legal votes at such election are in the affirmative, the governing body of such sewage district shall have the power to make such improvements at an aggregate cost not to exceed the amount voted upon. If a majority of the legal votes at such election are in the negative, the governing body shall not have authority to make such improvements, nor to issue bonds therefor, nor to levy special assessments except for the preliminary expense, and no lateral sewers shall be constructed in such district as hereinafter provided unless and until the construction of main sewers has been authorized at such an election. If such improvements are not authorized at such election, such sewage district may be disorganized by affirmative vote of its governing body, or such district may continue in existence and may submit the question of the making of such improvements, either upon the same or different plans, at a future election, but no election shall be called within one year after the rejection of such proposition at any election. Additional improvements to the main sewage system may be made, and bonds issued therefor, only after being approved at a subsequent election held as above provided. The township board shall canvass the vote at such election, and, except where special provision is made herein, the election laws of Kansas governing elections in townships shall apply thereto.
History: L. 1941, ch. 399, § 5; April 15.
(b) If the county planning board and the board of county commissioners of any county in which a township sewage district has been created pursuant to the act of which this section is amendatory, each shall declare by resolution that a main, intercepting, or outfall sewer system or systems of such district, the plans and specifications of which have been finally approved, as provided in K.S.A. 80-2004, and amendments thereto, to be of public utility and necessary for the growth and needs of said county and necessary for the protection of the public health, the bonds issued under the authority of subsection (a) shall be, in addition to being obligations of the township sewage district, general obligations of the county. In case of default in the payment of such bonds or the interest thereon by the sewage district, the board of county commissioners of the county in which such sewage district is located shall levy a tax on the tangible property in such county sufficient to pay such bonds and interest.
No statute limiting the amount of bonded indebtedness of any county shall apply to any bonds issued under the authority of this section and such bonds shall not be considered in applying any statute limiting bonded indebtedness.
History: L. 1941, ch. 399, § 6; L. 1955, ch. 442, § 1; L. 1999, ch. 154, § 68; May 27.
The governing body shall immediately thereafter enact and publish a resolution which shall hold good for all the installments, fixing said assessment hereinbefore provided, as to each lot or parcel of ground. The clerk of such sewage district shall mail a written notice to the owner of each lot or parcel of ground, stating the amount levied against the same. The amounts levied against each lot or parcel of ground to pay for the bonds falling due in each year, and the interest due, shall be levied and collected the same as other taxes. No suit to set aside the said assessments or to enjoin the making of the same shall be brought nor any defense to the validity thereof be allowed, after the expiration of thirty days from the adoption of the resolution fixing said assessments and the mailing of the notices to the landowners as in this section provided.
History: L. 1941, ch. 399, § 7; April 15.
History: L. 1941, ch. 399, § 8; April 15.
History: L. 1941, ch. 399, § 9; L. 1963, ch. 505, § 1; March 5.
History: L. 1941, ch. 399, § 10; L. 1949, ch. 502, § 1; March 30.
History: L. 1941, ch. 399, § 11; April 15.
The boundaries of such lateral sewer districts shall be within the boundaries of the sewage district. No lateral sewer district shall be formed until the construction of main sewers has been approved at an election as provided in K.S.A. 80-2005, and any amendments thereto; but no election shall be required for the making of improvements in lateral sewer districts within such main sewage district; and upon the formation of such lateral sewer districts, the governing body of the sewage district shall have power to construct lateral sewers therein, and shall levy taxes and special assessments against the property in such lateral sewer districts, and may issue bonds for the payment of the cost thereof, all in the same manner as above provided for the construction of main sewers by the sewage district, except that the taxes and special assessments for such lateral sewers shall be levied only against the property within such lateral sewer district, but any bonds therefor shall be issued by the sewage district, payable out of special assessments against property in such lateral sewer district, secured by the credit of the sewage district, and shall be a lien upon all property within the sewage district. Any and all bonds issued by the sewage district, payable by special assessments, shall be general obligation bonds of the entire sewage district, and whenever such special assessments are insufficient to pay the principal and interest of such bonds, the governing body shall be required to levy such tax against all property in the sewage district as may be necessary to pay the principal and interest of all bonds, attributable to such sewage district or lateral sewer district therein, as they come due, except only revenue bonds issued as hereinafter provided.
Whenever such taxes are levied and collected and applied to the payment of the principal or interest of such bonds, in an amount sufficient to pay the principal and interest which may thereafter fall due on the said bonds, attributable to said sewage district or lateral sewer district therein, no further special assessments shall be levied or collected from the property within such sewage district or lateral sewer district therein for such bonds.
History: L. 1941, ch. 399, § 12; L. 1953, ch. 471, § 1; June 30.
History: L. 1941, ch. 399, § 13; L. 1986, ch. 70, § 42; May 15.
History: L. 1941, ch. 399, § 14; April 15.
History: L. 1941, ch. 399, § 15; April 15.
History: L. 1941, ch. 399, § 16; April 15.
History: L. 1941, ch. 399, § 17; April 15.
History: L. 1941, ch. 399, § 18; April 15.
History: L. 1941, ch. 399, § 19; L. 1968, ch. 135, § 3; L. 1970, ch. 64, § 97; L. 1978, ch. 99, § 41; April 25.
History: L. 1941, ch. 399, § 20; April 15.
History: L. 1941, ch. 399, § 21; L. 1947, ch. 486, § 1; L. 1949, ch. 502, § 2; L. 1955, ch. 443, § 1; L. 1959, ch. 407, § 1; L. 1999, ch. 154, § 69; May 27.
History: L. 1941, ch. 399, § 22; L. 1949, ch. 502, § 3; L. 1957, ch. 530, § 1; April 9.
History: L. 1941, ch. 399, § 23; April 15.
For the purpose of paying the tapping fees and for the purpose of providing for the extension of use of the facilities in the event of annexation, such city annexing all or part of such sewage district may extend the boundaries of the sewage district, or lateral sewer district, or organize lateral sewer districts, and levy assessments and issue bonds and construct main or lateral sewers, all as is provided in K.S.A. 80-2001 to 80-2020, inclusive.
The provisions of this act shall not apply to any city of the first class having a population of not less than eighty-five thousand (85,000) nor more than one hundred twenty thousand (120,000).
History: L. 1953, ch. 470, § 1; April 10.
History: L. 1953, ch. 472, § 1; Feb. 18.
History: L. 1957, ch. 529, § 1; April 13.
History: L. 1961, ch. 468, § 1; L. 1975, ch. 462, § 125; L. 1988, ch. 356, § 349; July 1, 1989.
(b) If the governing body of such sewage district has issued bonds after an election held pursuant to K.S.A. 80-2005, or acts amendatory thereof, to pay the cost of said sewage system such governing body may issue the general obligation bonds or revenue bonds of said sewage district without an election for the purpose of constructing, reconstructing, repairing, replacing, extending, improving or enlarging, in any manner, said sewage system, including any sewage treatment or disposal facilities but excluding lateral sewers, in order to correct the inadequacies of such system, if the secretary of health and environment approves the amount and purpose for which such bonds are to be issued. The total amount of general obligation bonds issued without an election under the authority of this act shall not exceed twenty-five percent (25%) of the total amount of the original bonds authorized at the election hereinbefore mentioned, which was held under the provisions of K.S.A. 80-2005. If the amount of bonds hereinbefore authorized to be issued without an election does not provide sufficient moneys to make such improvements, then the governing body of such sewage district may issue the necessary additional bonds, but no such additional bonds shall be issued unless and until the question of their issuance shall have been submitted to a vote of the electors of such sewage district and a majority of those voting on the question shall have voted in favor thereof. The election on such question shall be noticed, held, conducted, and canvassed in like manner as provided in K.S.A. 80-2005 insofar as the same can be made applicable, but the ballot used at said election and the proposition submitted to the electors shall be in conformity with the provisions of K.S.A. 10-120.
(c) The governing body of such sewage district may levy an annual tax on all real property within such sewage district for any purpose for which bonds may be issued under the provisions of this section, which tax shall be in addition to all other taxes authorized or limited by law, and use the proceeds of such tax to correct the inadequacies of said sewage system and to pay expenses incidental thereto.
History: L. 1961, ch. 468, § 2; L. 1975, ch. 462, § 126; July 1.
History: L. 1961, ch. 468, § 3; June 30.