12-6a04.   Initiation of improvement; notice andhearing, when;resolution determining advisability of.(a) Before any contract is let or any work is ordered or authorizedfor an improvement, the governing body shall by resolution direct and order apublic hearing on the advisability of the improvement. Except as provided insubsections (d) and (e), notice of thehearing shall be given by not less than two publications in a newspaper. Thetwo publications shall be a week apart and at least three days shall elapsebetween the last publication and the hearing. Notice shall be given as to:

      (1)   Time and place of hearing;

      (2)   general nature of the proposed improvements;

      (3)   the estimated or probable cost;

      (4)   extent of the proposed improvement district to be assessed;

      (5)   the proposed method of assessment; and

      (6)   proposed apportionment of cost, if any, between the improvement districtand the city at large. The hearing may be adjourned from time to time and untilthe governing body shall have made findings by resolution as to theadvisability of the improvement, the nature of the improvement, theestimated cost, the boundaries of the improvement district, the method ofassessment and the apportionment of cost, if any, between the district and thecity at large, all as finally determined by the governing body, except that thearea of the improvement district to be assessed may be less than, but shall notexceed, the area proposed to be assessed as stated in the notice of hearingwithout giving notice and holding a new hearing on the improvement. Thegoverning body may proceed without such notice and hearing, to make findings byresolution as to the advisability of improvements as provided in this sectionwhenever the proceedings are to improve sanitary and storm water sewers.

      (b)   Petitions for any improvement authorized to be made under the provisionsof this act which set forth:

      (1)   The general nature of the proposed improvement;

      (2)   the estimated or probable cost;

      (3)   the extent of the proposed improvement district to be assessed;

      (4)   the proposed method of assessment;

      (5)   the proposed apportionment of cost, if any, between the improvementdistrict and the city at large; and

      (6)   a request that such improvement be made without notice and hearing asrequired in subsection (a) of this section, may be filed with the city clerk.Names may not be withdrawn from the petitions by the signers thereof after thegoverning body commences consideration of the petitions or later than sevendays after such filing, whichever occurs first, except that the petitions shallcontain a notice that the names of the signers may not be withdrawn after sucha period of time. Such petitions may be found sufficient if signed by either:

      (A)   A majority of the resident owners of record of property liable forassessment under the proposal; (B) the resident owners of record of more thanone-half of the area liable for assessment under the proposal; or (C) theowners of record, whether resident or not, of more than one-half of the arealiable to be assessed under the proposal.

      (c)   Any municipality, as such term is defined in K.S.A. 12-105a, andamendments thereto, or any one or more persons or entities who or which,whether one or more, are willing to pay the costs of a proposed improvement mayfile a petition requesting the proposed improvement. Such petition shall befiled with the city clerk and shall set forth:

      (1)   The general nature of the proposed improvement;

      (2)   the estimated or probable cost;

      (3)   a description of the property proposed to be included in the improvementdistrict to be assessed;

      (4)   the proposed method or methods of assessment;

      (5)   the proposed apportionment of costs, if any, between the improvementdistrict and the city at large;

      (6)   a statement that the signers of the petition, in the aggregate, are theowners of 100% of the property or properties proposed to be included in theimprovement district, acknowledge that the:

      (A)   Petition is one submitted pursuant to subsection (c) of K.S.A. 12-6a04,and amendments thereto;

      (B)   proposed improvement district does not include all properties whichmay be deemed to benefit from the proposed improvement; and

      (C)   signers' names may not be withdrawn from the petition by the signersthereof after the governing body commences consideration of the petition orlater than seven days after such filing, whichever occurs first; and

      (7)   a request that such improvement be made without notice and hearing asrequired in subsection (a).

      For purposes of subsection (c), the term "entity" shall mean and include,but shall not be limited to, any municipality, any natural person, corporation,partnership, limited liability company, limited liability partnership, trust,association or other form of business or charitable organization.

      (d)   Upon filing of such petitions, the governing body may make findingsby resolution as to the advisability of the improvement, the nature of theimprovement, the estimated cost, the boundaries of the improvement district,the method of assessment and apportionment of cost, if any, between theimprovement district and the city at large, all as determined by the governingbody. With respect to any petition filed pursuant to subsection (c), suchfindings shall include a finding that the improvement district does not includeall the property which may be deemed to be benefited by the proposedimprovement and the persons who signed such petition are willing to pay thecosts of the proposed improvement as set forth in the petition. Thereuponthe governing body may proceed without notice and hearing to order theimprovement as provided in K.S.A. 12-6a06, and amendments thereto, except thatno protest shall be received as provided in such section. The area of theimprovement district finally determined by the governing body to be assessedmay not exceed the district proposed in the petition unless notice is given anda hearing held as provided in subsection (a) of this section, in which instancethe proceedings shall be subject to protest as in other cases.

      (e)   Whenever adjoining parallel streets have been improved,and the city proposes to improve the intervening connecting street to the sameextent as the streets to be connected, or when two portions of any street havebeen improved and an intervening portion not exceeding two blocks has not beenimproved, and the city proposes to improve such intervening portion to the sameextent as the improved portions, in addition to the notice required undersubsection (a), notice of public hearing on the advisability of suchimprovements shall be given by certified mail to the owners of record of suchproperty. Such notice shall include the information required under subsection(a).

      History:   L. 1957, ch. 99, § 4; L. 1959, ch. 72, § 2; L. 1967, ch. 86, § 1;L. 1997, ch. 97, § 1;L. 2003, ch. 120, § 2; July 1.