13-10,115.   Major traffic streets in certain cities in counties over120,000; resolution; protests; election; temporary notes and bonds; specialassessments and payments by city.The governing body of any city located in a county having a populationof more than 120,000 and an assessed tangible valuation of morethan $150,000,000 may by resolution declare anystreet to be in its opinion a major traffic street and declare itsintention of improving or reimproving such street. Such resolution shalldescribe in general terms the improvement or reimprovement to be madeand shall provide that the cost or a stated percentage of the cost thereofshall be paid by the city at large out of the fund for the improvement andmaintenance of streets or by the issuance of bonds. The resolution shallbe published once each week for two consecutive weeks in the official citypaper. If, within 90 days after the last publication of the resolution,there is filed in the office of city clerk a protest signed by qualifiedelectors equal in number to not less than 2% of those who voted at the lastgeneral city election, an election shall be called and held within 90 daysafter the filing of the protest.

      The protest shall be signed personally by each person protesting andshall give the street address of such signer. The protest need not allbe on one sheet but each sheet shall bear an affidavit of one of thequalified signers of the protest (whose name need not be on theparticular sheet) that the qualified signer personally saw each personwhose signature purports to be on the sheet sign the protest and thatthe person who signed the protest was the person whose name such personsigned.

      The election procedure shall be substantially as provided for bondelections in K.S.A. 10-120 and amendments thereto. An estimate of thecost of the improvement may or may not be included in the resolution andin the notice of election and in the proposition as stated on theballot. If no sufficient protest is filed or if there isan election and a majority of those voting atthe election vote in favor of the improvement, the governing body shallby ordinance provide for theimprovement.

      If the cost is to be paid by bonds, temporary notes may be issued asprovided by K.S.A. 10-123 and amendments thereto, during the progress ofthe work, and after the improvement is completed and the total costascertained, bonds shall be issued by ordinance. If only a percentage(which shall not be less than 50%) of the cost is paid by thecity, the remaining cost shall be assessed against the adjacent realproperty, without regard to the value of the improvements, to the middleof the block on either side and, as to unplatted territory, as providedin K.S.A. 12-606 and amendments thereto, without regard to gradingdistrict and not by blocks. The portion of the cost to be assessedagainst the property in the improvement district shall be apportioned inthe manner provided in K.S.A. 12-608 or 12-6a08, and amendments thereto.

      History:   L. 1945, ch. 131, § 1; L. 1974, ch. 77, § 1; L. 1981,ch. 173, § 36; July 1.