12-693.   Improvements by cities within unincorporatedterritory withinthree miles of corporate limits; financing and payment of cost ofimprovement; agreement with county to establish improvement district forroad and street improvements.(a) All cities are hereby authorized to make improvements authorized by andin the manner provided for in the general improvement and assessment law ascontained in chapter 12, article 6a of Kansas Statutes Annotated, in thoseunincorporated areas beyond their corporate limits and within three milesthereof. Before any such improvements shall be made: (1)The city shall haveadopted, in the manner provided by law, regulations governing thesubdivision of land in such unincorporated area; (2) the city shall haveobtained the county's consent to makingsuch improvements; or (3) 100% of the property owners locatedoutside the city limits and benefited by such improvements shall havesigned a petitionrequesting that the city make such improvements.

      (b)   Such improvements may belocated in a proposed improvement district which is wholly outside thecorporate limits of the city or partially within the city limits.Improvements within such three mile area located in a proposedimprovement district which is wholly outside the corporate limits of thecity shall be commenced only upon a petition submitted pursuant to K.S.A.12-6a04, and amendments thereto,signed by both a majority ofthe owners of record of property and the owners of record of more thanone-half of the area liable for special assessment under the proposal.Except as provided in subsection (c),improvements within such threemile area located in a proposed improvement district which is partiallywithin the corporate limits of the city shall be commenced only upon apetition found sufficient by the provisions of K.S.A. 12-6a04, andamendments thereto, except that for the purpose of determining thesufficiency of the signatures to such petitions only,that area which is outside the corporate limits of the city shall beconsidered to constitute the proposed district. Financing of theimprovements, including the levying of special assessments, shall be madein the same manner as if the improvements were made within the corporatelimits of the city. In the event the improvements authorized hereunderare for water, storm water drain or sanitary sewer systems, the city ishereby authorized to impose upon the property served, user fees which maybe based upon the cost of the operation and maintenance of such improvementsand also the recovery of an equitable portion of the capital improvementcosts of any of such improvements originally charged to or assessed againstproperty within the corporate limits of such city. The user fees hereinauthorized shall be a lien against the property served and may be collectedin the same manner as delinquent real estate taxes.

      (c)   If the area of a proposedimprovement district is located partly within and partly outside the city,and the construction, reconstruction or other improvement toroads or streets which lie upon the corporate boundary limits of the city isproposed, the governing body of the city and the board of county commissionersof the county may enter into agreements whereby the city or county may initiatesuch improvements by the establishment of an improvement district by the cityunder the provisions of K.S.A. 12-6a04, and amendments thereto.Such agreement shallprovide for the proportionate share of the total costs of the improvementwhich shall be paid by the city and by the county and the share to be paidby the levying of special assessments against the benefiting propertywithin the improvement district. If the proposed boundary line road orstreet improvement involves a road under the jurisdiction of a township,the governing body of the township also may enter into an agreement withthe governing body of the city to contribute a share of the cost of theimprovement. If the area of a proposed improvement district includesproperty within an industrial district, established by a charter resolutionadopted pursuant to K.S.A. 19-101a, and amendments thereto, which effectedchanges in the provisions of K.S.A. 19-3801, et seq., and amendmentsthereto, the board of directors of such industrial districtshall have the right to approve or disapprove the agreement prior to theundertaking of any improvement. If the board disapproves the agreement, theindustrial district shall not be liable for the cost of any improvementundertaken pursuant to such agreement.

      History:   L. 1968, ch. 122, § 1; L. 1969, ch. 98, § 1; L. 1976,ch. 73, § 1;L. 1988, ch. 270, § 1;L. 2009, ch. 121, § 1; July 1.