12-693.Improvements by cities within unincorporated
territory within
three miles of corporate limits; financing and payment of cost of
improvement; agreement with county to establish improvement district for
road and street improvements.
(a) All cities are hereby authorized to make improvements authorized by and
in the manner provided for in the general improvement and assessment law as
contained in chapter 12, article 6a of Kansas Statutes Annotated, in those
unincorporated areas beyond their corporate limits and within three miles
thereof. Before any such improvements shall be made: (1)
The city shall have
adopted, in the manner provided by law, regulations governing the
subdivision of land in such unincorporated area; (2) the city shall have
obtained the county's consent to making
such improvements; or (3) 100% of the property owners located
outside the city limits and benefited by such improvements shall have
signed a petition
requesting that the city make such improvements.
(b) Such improvements may be
located in a proposed improvement district which is wholly outside the
corporate limits of the city or partially within the city limits.
Improvements within such three mile area located in a proposed
improvement district which is wholly outside the corporate limits of the
city shall be commenced only upon a petition submitted pursuant to K.S.A.
12-6a04, and amendments thereto,
signed by both a majority of
the owners of record of property and the owners of record of more than
one-half of the area liable for special assessment under the proposal.
Except as provided in subsection (c),
improvements within such three
mile area located in a proposed improvement district which is partially
within the corporate limits of the city shall be commenced only upon a
petition found sufficient by the provisions of K.S.A. 12-6a04, and
amendments thereto, except that for the purpose of determining the
sufficiency of the signatures to such petitions only,
that area which is outside the corporate limits of the city shall be
considered to constitute the proposed district. Financing of the
improvements, including the levying of special assessments, shall be made
in the same manner as if the improvements were made within the corporate
limits of the city. In the event the improvements authorized hereunder
are for water, storm water drain or sanitary sewer systems, the city is
hereby authorized to impose upon the property served, user fees which may
be based upon the cost of the operation and maintenance of such improvements
and also the recovery of an equitable portion of the capital improvement
costs of any of such improvements originally charged to or assessed against
property within the corporate limits of such city. The user fees herein
authorized shall be a lien against the property served and may be collected
in the same manner as delinquent real estate taxes.
(c) If the area of a proposed
improvement district is located partly within and partly outside the city,
and the construction, reconstruction or other improvement to
roads or streets which lie upon the corporate boundary limits of the city is
proposed, the governing body of the city and the board of county commissioners
of the county may enter into agreements whereby the city or county may initiate
such improvements by the establishment of an improvement district by the city
under the provisions of K.S.A. 12-6a04, and amendments thereto.
Such agreement shall
provide for the proportionate share of the total costs of the improvement
which shall be paid by the city and by the county and the share to be paid
by the levying of special assessments against the benefiting property
within the improvement district. If the proposed boundary line road or
street improvement involves a road under the jurisdiction of a township,
the governing body of the township also may enter into an agreement with
the governing body of the city to contribute a share of the cost of the
improvement. If the area of a proposed improvement district includes
property within an industrial district, established by a charter resolution
adopted pursuant to K.S.A. 19-101a, and amendments thereto, which effected
changes in the provisions of K.S.A. 19-3801, et seq., and amendments
thereto, the board of directors of such industrial district
shall have the right to approve or disapprove the agreement prior to the
undertaking of any improvement. If the board disapproves the agreement, the
industrial district shall not be liable for the cost of any improvement
undertaken pursuant to such agreement.
History: L. 1968, ch. 122, § 1; L. 1969, ch. 98, § 1; L. 1976,
ch. 73, § 1;
L. 1988, ch. 270, § 1;
L. 2009, ch. 121, § 1; July 1.
12-693.Improvements by cities within unincorporated
territory within
three miles of corporate limits; financing and payment of cost of
improvement; agreement with county to establish improvement district for
road and street improvements.
(a) All cities are hereby authorized to make improvements authorized by and
in the manner provided for in the general improvement and assessment law as
contained in chapter 12, article 6a of Kansas Statutes Annotated, in those
unincorporated areas beyond their corporate limits and within three miles
thereof. Before any such improvements shall be made: (1)
The city shall have
adopted, in the manner provided by law, regulations governing the
subdivision of land in such unincorporated area; (2) the city shall have
obtained the county's consent to making
such improvements; or (3) 100% of the property owners located
outside the city limits and benefited by such improvements shall have
signed a petition
requesting that the city make such improvements.
(b) Such improvements may be
located in a proposed improvement district which is wholly outside the
corporate limits of the city or partially within the city limits.
Improvements within such three mile area located in a proposed
improvement district which is wholly outside the corporate limits of the
city shall be commenced only upon a petition submitted pursuant to K.S.A.
12-6a04, and amendments thereto,
signed by both a majority of
the owners of record of property and the owners of record of more than
one-half of the area liable for special assessment under the proposal.
Except as provided in subsection (c),
improvements within such three
mile area located in a proposed improvement district which is partially
within the corporate limits of the city shall be commenced only upon a
petition found sufficient by the provisions of K.S.A. 12-6a04, and
amendments thereto, except that for the purpose of determining the
sufficiency of the signatures to such petitions only,
that area which is outside the corporate limits of the city shall be
considered to constitute the proposed district. Financing of the
improvements, including the levying of special assessments, shall be made
in the same manner as if the improvements were made within the corporate
limits of the city. In the event the improvements authorized hereunder
are for water, storm water drain or sanitary sewer systems, the city is
hereby authorized to impose upon the property served, user fees which may
be based upon the cost of the operation and maintenance of such improvements
and also the recovery of an equitable portion of the capital improvement
costs of any of such improvements originally charged to or assessed against
property within the corporate limits of such city. The user fees herein
authorized shall be a lien against the property served and may be collected
in the same manner as delinquent real estate taxes.
(c) If the area of a proposed
improvement district is located partly within and partly outside the city,
and the construction, reconstruction or other improvement to
roads or streets which lie upon the corporate boundary limits of the city is
proposed, the governing body of the city and the board of county commissioners
of the county may enter into agreements whereby the city or county may initiate
such improvements by the establishment of an improvement district by the city
under the provisions of K.S.A. 12-6a04, and amendments thereto.
Such agreement shall
provide for the proportionate share of the total costs of the improvement
which shall be paid by the city and by the county and the share to be paid
by the levying of special assessments against the benefiting property
within the improvement district. If the proposed boundary line road or
street improvement involves a road under the jurisdiction of a township,
the governing body of the township also may enter into an agreement with
the governing body of the city to contribute a share of the cost of the
improvement. If the area of a proposed improvement district includes
property within an industrial district, established by a charter resolution
adopted pursuant to K.S.A. 19-101a, and amendments thereto, which effected
changes in the provisions of K.S.A. 19-3801, et seq., and amendments
thereto, the board of directors of such industrial district
shall have the right to approve or disapprove the agreement prior to the
undertaking of any improvement. If the board disapproves the agreement, the
industrial district shall not be liable for the cost of any improvement
undertaken pursuant to such agreement.
History: L. 1968, ch. 122, § 1; L. 1969, ch. 98, § 1; L. 1976,
ch. 73, § 1;
L. 1988, ch. 270, § 1;
L. 2009, ch. 121, § 1; July 1.
12-693.Improvements by cities within unincorporated
territory within
three miles of corporate limits; financing and payment of cost of
improvement; agreement with county to establish improvement district for
road and street improvements.
(a) All cities are hereby authorized to make improvements authorized by and
in the manner provided for in the general improvement and assessment law as
contained in chapter 12, article 6a of Kansas Statutes Annotated, in those
unincorporated areas beyond their corporate limits and within three miles
thereof. Before any such improvements shall be made: (1)
The city shall have
adopted, in the manner provided by law, regulations governing the
subdivision of land in such unincorporated area; (2) the city shall have
obtained the county's consent to making
such improvements; or (3) 100% of the property owners located
outside the city limits and benefited by such improvements shall have
signed a petition
requesting that the city make such improvements.
(b) Such improvements may be
located in a proposed improvement district which is wholly outside the
corporate limits of the city or partially within the city limits.
Improvements within such three mile area located in a proposed
improvement district which is wholly outside the corporate limits of the
city shall be commenced only upon a petition submitted pursuant to K.S.A.
12-6a04, and amendments thereto,
signed by both a majority of
the owners of record of property and the owners of record of more than
one-half of the area liable for special assessment under the proposal.
Except as provided in subsection (c),
improvements within such three
mile area located in a proposed improvement district which is partially
within the corporate limits of the city shall be commenced only upon a
petition found sufficient by the provisions of K.S.A. 12-6a04, and
amendments thereto, except that for the purpose of determining the
sufficiency of the signatures to such petitions only,
that area which is outside the corporate limits of the city shall be
considered to constitute the proposed district. Financing of the
improvements, including the levying of special assessments, shall be made
in the same manner as if the improvements were made within the corporate
limits of the city. In the event the improvements authorized hereunder
are for water, storm water drain or sanitary sewer systems, the city is
hereby authorized to impose upon the property served, user fees which may
be based upon the cost of the operation and maintenance of such improvements
and also the recovery of an equitable portion of the capital improvement
costs of any of such improvements originally charged to or assessed against
property within the corporate limits of such city. The user fees herein
authorized shall be a lien against the property served and may be collected
in the same manner as delinquent real estate taxes.
(c) If the area of a proposed
improvement district is located partly within and partly outside the city,
and the construction, reconstruction or other improvement to
roads or streets which lie upon the corporate boundary limits of the city is
proposed, the governing body of the city and the board of county commissioners
of the county may enter into agreements whereby the city or county may initiate
such improvements by the establishment of an improvement district by the city
under the provisions of K.S.A. 12-6a04, and amendments thereto.
Such agreement shall
provide for the proportionate share of the total costs of the improvement
which shall be paid by the city and by the county and the share to be paid
by the levying of special assessments against the benefiting property
within the improvement district. If the proposed boundary line road or
street improvement involves a road under the jurisdiction of a township,
the governing body of the township also may enter into an agreement with
the governing body of the city to contribute a share of the cost of the
improvement. If the area of a proposed improvement district includes
property within an industrial district, established by a charter resolution
adopted pursuant to K.S.A. 19-101a, and amendments thereto, which effected
changes in the provisions of K.S.A. 19-3801, et seq., and amendments
thereto, the board of directors of such industrial district
shall have the right to approve or disapprove the agreement prior to the
undertaking of any improvement. If the board disapproves the agreement, the
industrial district shall not be liable for the cost of any improvement
undertaken pursuant to such agreement.
History: L. 1968, ch. 122, § 1; L. 1969, ch. 98, § 1; L. 1976,
ch. 73, § 1;
L. 1988, ch. 270, § 1;
L. 2009, ch. 121, § 1; July 1.