13-1376. Same; petition; limitation of actions.
13-1376
13-1376. Same; petition; limitation of actions.
After a benefit district has been established, no further proceedings
shall be taken unless there is filed with the city clerk within sixty (60)
days of the passage of the ordinance creating the benefit district a
petition requesting the establishment of public parking stations. Such
petition shall be signed by the resident owners of real estate owning not
less than fifty-one percent (51%) of the front feet of the real estate
fronting or abutting upon any street included within the limits of the
benefit district. In determining the sufficiency of the petition, lands
owned by the city, county, state or United States or by nonresident owners
of real estate within the benefit district shall not be counted in the
aggregate of lands within such benefit district. After any petition has
been signed by an owner of land in the benefit district, the change of
ownership of said land shall not affect the petition.
In any case where the owners of lands within the benefit district are
tenants in common or joint tenants, each cotenant or joint tenant shall be
considered a landowner to the extent of his or her undivided interest in
said land. The owner of a life estate shall also be deemed the sole
landowner for the purpose of this act. Conservators may petition for their
conservatees when authorized by the district court so to
do. Resident owner of land, as defined herein, shall be any landowner who
has resided in the city for thirty days prior to the passage of the ordinance
and owning land in the benefit district. A Kansas corporation having its
registered office in the city and owning land in the benefit district shall be deemed a
resident landowner. No suit shall be maintained in any court to enjoin or
in any way contest the establishment of such parking stations or the
establishment of a benefit district unless said suit be instituted and
summons served within thirty (30) days from and after the date of the
filing of such petition with the city clerk.
History: L. 1941, ch. 128, § 3; L. 1949, ch. 142, § 2; L. 1965,
ch. 134, § 1; L. 1976, ch. 145, § 39; Jan. 10, 1977.