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 adjournmentof the hearing on the advisability of making the improvements, adopt aresolution authorizing the improvement in accordance with the finding ofthe governing body upon the advisability of the improvement, as provided inK.S.A. 12-6a04, and amendments thereto, which shall be effective uponpublication once in thenewspaper, except that the improvement shall not becommenced if, within 20 days after publication of the resolution ordering theimprovement, written protests signed by both51% ormore of the resident owners of record of property within the improvementdistrict and the owners of record of more than half of the total area ofsuch district are filed with the city clerk. Whenever adjoining parallel streets have been improved, and the proceedingsare to improve the intervening connecting street to the same extent as thestreets to be connected, or when two portions of any street have beenimproved and an intervening portion not exceeding two blocks has not beenimproved, and the proceedings are to improve such intervening portion tothe same extent as the improved portions, the improvement shall not becommenced if, within 30 days after publication of the resolution ordering theimprovement, written protests are signed by both 75% of the resident owners ofrecord of such property and the owners of record of 75% of the total area ofsuch property are filed with the city clerk. When the proceedings are toimprove sanitary and storm water sewers, no protest shall be accepted bythe city clerk and such improvements may be made regardless of protests.The genuineness of the signature and addresses of all signers of eachprotest shall be verified by some signer of such protest. The governingbody shall be judge of the sufficiency of any protest and its decisionshall be final and conclusive, except that names may bewithdrawn fromany protests by the signers at any time before the governing bodyshall convene its meeting to determine the sufficiency thereof.

      History:   L. 1957, ch. 99, § 6;L. 1997, ch. 97, § 2; July 1.