12-6a06. Same; action by governing body; protests.
12-6a06
12-6a06. Same; action by governing body; protests.
The governing body may, by a majority vote of the entire members-elect,
at any time within six months after the final adjournment
of the hearing on the advisability of making the improvements, adopt a
resolution authorizing the improvement in accordance with the finding of
the governing body upon the advisability of the improvement, as provided in
K.S.A. 12-6a04, and amendments thereto, which shall be effective upon
publication once in the
newspaper, except that the improvement shall not be
commenced if, within 20 days after publication of the resolution ordering the
improvement, written protests signed by both
51% or
more of the resident owners of record of property within the improvement
district and the owners of record of more than half of the total area of
such district are filed with the city clerk.
Whenever adjoining parallel streets have been improved, and the proceedings
are to improve the intervening connecting street to the same extent as the
streets to be connected, or when two portions of any street have been
improved and an intervening portion not exceeding two blocks has not been
improved, and the proceedings are to improve such intervening portion to
the same extent as the improved portions, the improvement shall not be
commenced if, within 30 days after publication of the resolution ordering the
improvement, written protests are signed by both 75% of the resident owners of
record of such property and the owners of record of 75% of the total area of
such property are filed with the city clerk. When the proceedings are to
improve sanitary and storm water sewers, no protest shall be accepted by
the city clerk and such improvements may be made regardless of protests.
The genuineness of the signature and addresses of all signers of each
protest shall be verified by some signer of such protest. The governing
body shall be judge of the sufficiency of any protest and its decision
shall be final and conclusive, except that names may be
withdrawn from
any protests by the signers at any time before the governing body
shall convene its meeting to determine the sufficiency thereof.
History: L. 1957, ch. 99, § 6;
L. 1997, ch. 97, § 2; July 1.