19-2765.   Same; powers and duties.Every improvement district incorporated underK.S.A. 19-2753 et seq., and amendments thereto,shall have the power to:

      (a)   Adopt a seal.

      (b)   Be sued and to sue by its corporate name.

      (c)   Adopt resolutions prescribing the manner in which thepowers of the district shall be carried out, and generally regulating theaffairs of the district.

      (d)   Plan and construct or to purchase public works andimprovements necessary for public health, recreation, convenience orwelfare within the limits of the improvement district. Also to constructor purchase works outside the limits of the district which may benecessary to secure outlets, disposal, etc., and permit satisfactoryperformance of the works within the district.

      (e)   Purchase, hold, sell and convey real estate and otherproperty.

      (f)   Take private property for public use by exercise ofthe right of eminent domain as provided by law.

      (g) (1)   Annually levy and collect ageneral tax not exceeding fivemills on all taxable tangible property within the district, to create ageneral fund. Unless consented to in writing by the owners of at least 90%of the total area of land in the improvement district, no such levy shallbe made by any improvement district where the density of populationthereof, as determined by the county clerk of the county in which thedistrict is located, on the basis of the assessment rolls for the lastassessment made for the county, does not exceed one resident for each fiveacres of land, including platted land and unplatted land, located withinthe district. (2) In addition to the levy authorizedpursuant to (1),any improvement district located in McPherson county may levy and collectannually a tax not exceeding 20 mills on all taxable tangible propertywithin the district to create a fund to provide street lights in thedistrict. (3) In lieu of the levy authorized under(1), any improvementdistrict located in a county having a population of more than 150,000 andless than 180,000 and having an assessed taxable tangible valuation in suchdistrict of more than $300,000, may levy and collect annually a tax notexceeding 15 mills on all taxable tangible property within the district toprovide moneys for the general fund and, in addition, may annually levy andcollect a tax of not to exceed seven mills on all taxable tangible propertywithin the district to provide moneys for law enforcement and fireprotection for all property located within the district, if, in eithercase, 51% of the qualified electors of the improvement district, asdetermined and verified by the board of directors of the district, shallpetition the directors requesting that such levies be made.(4) Anyimprovement district may annually levy and collect a general tax notexceeding six mills on all taxable tangible property within the district tocreate a general fund, but no levy in excess of five mills may be madeunless the board of directors of such improvement district has published aresolution authorizing a levy in excess of five mills once each week forthree consecutive weeks in a newspaper of general circulation within thedistrict. If within 30 days after the last publication of suchresolution, a petition protesting such levy, signed by qualifiedelectors of the improvement district equal in number to not less than 10%of the electors voting at the last improvementdistrict election for directors, is filed with the county clerk of thecounty in which such improvement district is located, no levy in excessof five mills may be made. If no petition protesting the levy inexcess of five mills is filed within the prescribed time, theimprovement district may, annually thereafter, levy such general tax notexceeding six mills.

      (h)   Levy assessments and special taxes, if deemed expedientby thedirectors, upon all of the real estate in the district that may bebenefited by special works and improvements including the improvement andmaintenance of roads in the district, which will be conducive to the publichealth, convenience or welfare.

      (i)   Authorize the issuance of bonds to pay the cost ofconstructing public works and improvements that will benefit allproperty located within the district and be conducive to the publichealth, convenience, or welfare and be beneficial to all of theinhabitants of the district. No such bonds shall be issued unlessconsented to in writing by the owners of all of the land in theimprovement district or until authorized by a vote of the taxpayers ashereinafter provided. The total amount of such bonds outstanding shallnot, unless consented to in writing by the owners of all of the land inthe improvement district, exceed 25% of theassessed valuation of the district as shown by latest assessment rolls.Unless consented to in writing by the owners of at least 90% of the totalarea of land in the improvement district, no suchbonds shall be issued for the payment of the cost of any improvementwithin any improvement district where the density of population thereof,as determined by the county clerk of the county in which the districtis located, on the basis of the assessment rolls for the lastassessment made for the county does not exceed one resident foreach five acres of land, including platted land and unplatted land, locatedwithin the district. Any improvement district having apopulation of more than 2,000 and an assessed taxabletangible valuation of more than $2,000,000 andlocated within a county having a population of more than 300,000is hereby authorized to issue revenue bonds theproceeds of which shall be used only to purchase, construct,reconstruct, equip, maintain or repair buildings and to acquire sitestherefor, and to enlarge or remodel such buildings and equip the samefor the purposes set out in and pursuant to the provisions of K.S.A.12-1740 et seq., and amendments thereto.

      (j)   Contract with other improvement districts or withother public corporations for cooperation or joint action in theconstruction of public works or improvements. Also to contract for andreceive aid, contributions and loans from the United States governmentor any agency thereof.

      (k)   Establish by resolution of the board of directorsreasonable rates on charges for the use of the sewage disposal system ofthe district and provide for the manner of the making and collection ofthe same. "Sewage disposal system" for the purposes of this act shallinclude the system of sewers and the sewage disposal plant of thedistrict.

      (l)   Make all contracts and do all other acts inrelation to the affairs of the district necessary to the proper exerciseof its corporate legislative or administrative powers and to theaccomplishment of the purpose of its organization.

      (m)   Purchase or acquire outdoor emergency warning sirens.

      (n)   Employ any person necessary to carry out theprovisions of this act.

      (o)   Secure the general health of the district by the adoption ofresolutions to prevent, abate and remove nuisances. The secretary of theboard of directors shall send a notice to the owner of the property toremove or abate such nuisance within a period of time not to exceed 10days. If the owner fails to remove or abate the nuisance within the timespecified the board may provide for the removal or abatement of thenuisance and provide for the assessment of the cost of abating or removingsuch nuisance against the property upon which the same is located ormaintained. Such assessments shall be certified by the secretary of theboard of directors of the district to the county clerk of the county inwhich the property is located, to be placed upon the tax roll for collection atthesame time and in the same manner as ad valorem property tax levies arecollected and shall be subject to the same penalties and the same procedurefor collection as is prescribed by law for the collection of such advalorem property taxes. Any unpaid costs assessed pursuant to thissubsection shall become a lien upon the property from the date of assessmentthereof.

      (p)   Secure the health of the district by theadoption of resolutions requiring the removal or destruction of grass,weeds or other vegetation from any lot orparcel of land located within the district. The secretary of the board ofdirectors shall send notice to the owner of the property to remove thegrass, weeds or vegetation within a period of time not to exceed 10 days.If the owner fails to remove the grass, weeds or vegetation within the timespecified, the board may provide for the removal thereof and assess thecost of removal against the property on which the same was located.Such assessments shall be certified by the secretary of the board ofdirectors of the district to the county clerk of the county in which theproperty is located, to be placed upon the tax roll for collection at thesame time and in the same manner as ad valorem property tax levies arecollected and shall be subject to the same penalties and the same procedurefor collection as is prescribed by law for the collection of such advalorem property taxes. Anyunpaid costs assessed pursuant to this subsection shall become a lien uponthe property from the date of assessment thereof.

      (q)   Adopt resolutions regulating andprohibiting the running at large of domestic animals.

      (r)   Adopt resolutions for the preservation of the peaceand orderof the district and to prevent injury, destruction or interference withpublic or private property.

      (s)   Adopt resolutions providing for the assessment ofunpaid bills orcharges for utility services provided by the district against the propertyreceiving theservice. Such assessments shall be certified by the secretary of the board ofdirectors of the district to the county clerk of the county in which theproperty is located, to be placed upon the tax roll for collection at thesame time and in the same manner as ad valorem property tax levies arecollected and shall be subject to the same penalties and the same procedurefor collection as is prescribed by law for the collection of such advalorem property taxes. Any unpaid costs assessed pursuant to thissubsection shall become a lien upon the property from the date of assessmentthereof.

      (t)   Take any other action necessary to carry out and execute the generalpowers granted by this section.

      History:   L. 1945, ch. 180, § 13;L. 1953, ch. 152, § 1;L. 1955, ch. 163, § 1;L. 1967, ch. 151, § 1;L. 1969, ch. 156, § 10;L. 1970, ch. 112, § 1;L. 1974, ch. 122, § 14;L. 1975, ch. 169, § 1;L. 1982, ch. 121, § 1;L. 1984, ch. 104, § 1;L. 1985, ch. 97, § 1;L. 1985, ch. 98, § 1;L. 1985, ch. 99, § 1;L. 1986, ch. 106, § 1;L. 2001, ch. 170, § 1;L. 2002, ch. 176, § 4; July 1.