19-27,184.   Same; initiation of improvement; notice and hearing, when;benefit district; petition procedure for initiation; resolution determiningadvisability of improvement.(a) Before any work is ordered or authorized for animprovement, the governing body, by resolution, shall direct and order apublic hearing on the advisability of the improvement. Notice of thehearing shall be given by not less than two publications in a newspaper. The publications shall be a week apart and at least three days shall elapsebetween the last publication and the hearing. The notice shall include the:

      (1)   Time and place of hearing;

      (2)   general nature of the proposed improvements;

      (3)   estimated or probable cost;

      (4)   extent of the proposed benefit district to be assessed;

      (5)   proposed method of assessment; and

      (6)   proposed apportionment of cost, if any, between the benefitdistrict, the county at large and other available sources.

      The hearing maybe adjourned from time to time and until the governing body shall have madefindings by resolution as to the advisability of the improvement, thenature of the improvement, the estimated cost, the boundaries of thebenefit district, the method of assessment and the apportionment of cost,if any, between the district, the county at large and other availablesources, all as finally determined by the governing body.

      The area of thebenefit district to be assessed may be less than, but shall not exceed, thearea proposed to be assessed as stated in the petition and notice ofhearing without giving notice and holding a new hearing on the improvement.

      After final adjournment of the public hearing, the governing body mayproceed to order the improvement as provided in K.S.A. 19-27,186.

      (b)   Improvements also may be commenced upon submission of a sufficientpetition. Such petition shall be filed with the county clerk and shall statethe:

      (1)   General nature of the proposed improvement;

      (2)   estimated or probable cost;

      (3)   extent of the proposed benefit district to be assessed;

      (4)   proposed method of assessment; and

      (5)   proposed apportionment of cost, if any, between the benefitdistrict, the county at large and other available sources.

      Names may not be withdrawn from the petitions by the signers thereofafter the governing body commences consideration of the petitions or laterthan seven days after such filing, whichever occurs first. The petitionsshall contain a notice that the names of the signers may not be withdrawnafter such a period of time. Such petitions may be found sufficient ifsigned by either: (1) A majority of the owners of record of property liablefor assessment under the proposal; (2) the resident owners of record ofmore than 1/2 of the area liable for assessment under the proposal; or (3)the owners of record, whether resident or not, of more than 1/2 of the arealiable to be assessed under the proposal.

      Upon the filing of such petitions, the governing body may make findings byresolution as to the advisability of the improvement, the nature of theimprovement, the boundaries of the benefit district, the method ofassessment and apportionment of cost, if any, between the benefit districtand the county as a whole. Such resolution may order the improvementwithout notice and hearing and shall become effective upon publication oncein the newspaper and no protest as provided in K.S.A. 19-27,186shall be received.The area of the benefit district finally determined by the governing bodyshall not exceed the district proposed in the petition unless notice isgiven and hearing held as provided in subsection (a).

      History:   L. 1991, ch. 51, § 4; April 25.