12-645.Same; appraisers; special benefit assessments; general tax
levy, when.
The governing body shall appoint three disinterested householders of the
said city to appraise any special benefits that may accrue to any property
by reason of said improvements being made. Said appraisers, before entering
upon their duties, shall first take and subscribe to an oath to faithfully
perform their duties as such appraisers and shall personally view, inspect
and examine all lots and pieces of land liable to be specially benefited by
said improvement being made. If in their judgment, the improvement
benefits the city generally, said appraisers shall report the same to the
governing body.
The governing body shall have the power to approve or reject the report
of such appraisers. If such report of the appraisers is approved by such
governing body, then the cost of the improvement shall be assessed against
the city generally, and said governing body shall provide for the payment
of the bonds issued hereunder and the interest thereon as the same becomes
due and payable by the levy of a general tax on all of the taxable property
of said city. If such report is disapproved by the governing body it shall
discharge said appraisers and appoint three new appraisers who shall
qualify and proceed as herein provided. If, in their judgment, any lots and
pieces of land will be specially benefited by said improvement being made,
other than the benefits to the city generally, said appraisers shall report
the same to the governing body, listing the lots and pieces of land
specially benefited and the amount of special benefit to each.
The same notices, public hearings, time for objections and appeals shall
apply to the report assessing special benefits as provided for the report
of appraisers to assess damages as provided in K.S.A. 12-639 to 12-643. The
governing body shall have the power to revise and correct said report if in
its judgment any benefit appraised to a lot or piece of land is too much or
too small, and when so revised, corrected and approved by the governing
body, the special benefits so ascertained shall be assessed against each
lot and piece of land and collected the same as special taxes for sewers
are collected: Provided, That should the benefits so ascertained
exceed the cost of the improvement, a pro rata reduction shall be made to
each lot and piece of land, so that the total assessments shall equal the
cost of the improvement; and should the benefits so ascertained be less
than the cost of the improvement, the remainder of the cost shall be
assessed against the city generally, and said governing body shall provide
for the payment of the said city at large portion of said bonds and the
interest thereon as the same becomes due and payable, by the levy of a
general tax on all the taxable property in said city.
History: L. 1917, ch. 87, § 11; R.S. 1923, § 12-645; L. 1927, ch. 99, § 1; L.
1951, ch. 130, § 2; March 9.
12-645.Same; appraisers; special benefit assessments; general tax
levy, when.
The governing body shall appoint three disinterested householders of the
said city to appraise any special benefits that may accrue to any property
by reason of said improvements being made. Said appraisers, before entering
upon their duties, shall first take and subscribe to an oath to faithfully
perform their duties as such appraisers and shall personally view, inspect
and examine all lots and pieces of land liable to be specially benefited by
said improvement being made. If in their judgment, the improvement
benefits the city generally, said appraisers shall report the same to the
governing body.
The governing body shall have the power to approve or reject the report
of such appraisers. If such report of the appraisers is approved by such
governing body, then the cost of the improvement shall be assessed against
the city generally, and said governing body shall provide for the payment
of the bonds issued hereunder and the interest thereon as the same becomes
due and payable by the levy of a general tax on all of the taxable property
of said city. If such report is disapproved by the governing body it shall
discharge said appraisers and appoint three new appraisers who shall
qualify and proceed as herein provided. If, in their judgment, any lots and
pieces of land will be specially benefited by said improvement being made,
other than the benefits to the city generally, said appraisers shall report
the same to the governing body, listing the lots and pieces of land
specially benefited and the amount of special benefit to each.
The same notices, public hearings, time for objections and appeals shall
apply to the report assessing special benefits as provided for the report
of appraisers to assess damages as provided in K.S.A. 12-639 to 12-643. The
governing body shall have the power to revise and correct said report if in
its judgment any benefit appraised to a lot or piece of land is too much or
too small, and when so revised, corrected and approved by the governing
body, the special benefits so ascertained shall be assessed against each
lot and piece of land and collected the same as special taxes for sewers
are collected: Provided, That should the benefits so ascertained
exceed the cost of the improvement, a pro rata reduction shall be made to
each lot and piece of land, so that the total assessments shall equal the
cost of the improvement; and should the benefits so ascertained be less
than the cost of the improvement, the remainder of the cost shall be
assessed against the city generally, and said governing body shall provide
for the payment of the said city at large portion of said bonds and the
interest thereon as the same becomes due and payable, by the levy of a
general tax on all the taxable property in said city.
History: L. 1917, ch. 87, § 11; R.S. 1923, § 12-645; L. 1927, ch. 99, § 1; L.
1951, ch. 130, § 2; March 9.
12-645.Same; appraisers; special benefit assessments; general tax
levy, when.
The governing body shall appoint three disinterested householders of the
said city to appraise any special benefits that may accrue to any property
by reason of said improvements being made. Said appraisers, before entering
upon their duties, shall first take and subscribe to an oath to faithfully
perform their duties as such appraisers and shall personally view, inspect
and examine all lots and pieces of land liable to be specially benefited by
said improvement being made. If in their judgment, the improvement
benefits the city generally, said appraisers shall report the same to the
governing body.
The governing body shall have the power to approve or reject the report
of such appraisers. If such report of the appraisers is approved by such
governing body, then the cost of the improvement shall be assessed against
the city generally, and said governing body shall provide for the payment
of the bonds issued hereunder and the interest thereon as the same becomes
due and payable by the levy of a general tax on all of the taxable property
of said city. If such report is disapproved by the governing body it shall
discharge said appraisers and appoint three new appraisers who shall
qualify and proceed as herein provided. If, in their judgment, any lots and
pieces of land will be specially benefited by said improvement being made,
other than the benefits to the city generally, said appraisers shall report
the same to the governing body, listing the lots and pieces of land
specially benefited and the amount of special benefit to each.
The same notices, public hearings, time for objections and appeals shall
apply to the report assessing special benefits as provided for the report
of appraisers to assess damages as provided in K.S.A. 12-639 to 12-643. The
governing body shall have the power to revise and correct said report if in
its judgment any benefit appraised to a lot or piece of land is too much or
too small, and when so revised, corrected and approved by the governing
body, the special benefits so ascertained shall be assessed against each
lot and piece of land and collected the same as special taxes for sewers
are collected: Provided, That should the benefits so ascertained
exceed the cost of the improvement, a pro rata reduction shall be made to
each lot and piece of land, so that the total assessments shall equal the
cost of the improvement; and should the benefits so ascertained be less
than the cost of the improvement, the remainder of the cost shall be
assessed against the city generally, and said governing body shall provide
for the payment of the said city at large portion of said bonds and the
interest thereon as the same becomes due and payable, by the levy of a
general tax on all the taxable property in said city.
History: L. 1917, ch. 87, § 11; R.S. 1923, § 12-645; L. 1927, ch. 99, § 1; L.
1951, ch. 130, § 2; March 9.