12-612a

Chapter 12.--CITIES AND MUNICIPALITIES

Article 6.--PUBLIC IMPROVEMENTS

     
12-612a.   Improvement of railroad right-of-ways leased to city for street
purposes; bonds; protest petitions; election.
Whenever a railroad company has leased to a city, for a term of 25 years
or, a portion of the company's right-of-way to
be used for street purposes, at a nominal cash rental but with the terms
of the lease providing that no special assessments for street
improvements shall be levied or assessed against the lessor or against
the property owned by the lessor which is adjacent to the leased
premises, the governing body of such city may, by ordinance, declare it
necessary to improve
the property so leased as a business thoroughfare and cause the property
so leased to be graded, curbed, guttered,
paved, macadamized, regraded, recurbed, reguttered or remacadamized. The
cost of such improvement shall be borne by the city as a whole
and shall be paid by the issuance of general improvement bonds of the
city according to law. Before the improvement is made, the ordinance shall
be published once each week for two consecutive weeks in the official city
paper. If, within 20 days
after the ordinance is published, there is filed with the city clerk
a protest signed by qualified electors of the city equal in number to not
less than 10% of the qualified electors of the city who voted for the office of
mayor at the last election at which a mayor was elected, the improvement
shall not be made nor bonds issued
unless the governing body calls an election within the time and
manner provided by K.S.A. 10-120 and amendments thereto. If at such election the
proposition receives the favorable vote of a majority of the votes
cast on the proposition, the improvement may be made and bonds issued therefor.
The ordinance declaring it necessary to improve
the property as a business thoroughfare shall contain a statement
relating to the provision for protest.

     
History:   L. 1951, ch. 147, § 1; L. 1981, ch. 173, § 13; July 1.