Article 6a.--GENERAL IMPROVEMENT AND ASSESSMENT LAW
12-6a01.Procedures for certain improvements and for
financing costs;
definitions.
For the purpose of this act, the terms defined in this section shall have the
meanings ascribed to them as follows:
(a) "Improvement" means any type of improvement made under authority of this
act and the singular may include the plural, and includes reimprovement of a
prior improvement.
(b) "To improve" means to construct, reconstruct, maintain, restore, replace,
renew, repair, install, equip, extend or to otherwise perform any work which
will provide a new facility or enhance, extend or restore the value or utility
of an existing facility.
(c) "Acquire" means the acquisition of property or interests in property
by purchase, gift, condemnation or other lawful means, including
improvements authorized to be constructed under this act, and may include
the
acquisition of existing property and improvements already owned by the city
and previously financed by the issuance of revenue bonds, such acquisition
to constitute a refunding of such revenue bonds and no additional refunding
authority shall be required but nothing herein shall be construed to require a
holder of any such revenue bonds to surrender bonds for refunding unless the
provisions of such bonds allow the redemption thereof.
(d) "Cost" means all costs necessarily incurred for the preparation of
preliminary reports, the preparation of plans and specifications, the
preparation and publication of notices of hearings, resolutions, ordinances and
other proceedings, necessary fees and expenses of consultants and interest
accrued on borrowed money during the period of construction together with the
cost of land, materials, labor and other lawful expenses incurred in planning
and doing any improvement and may include a charge of not to exceed 5% of the
total cost of an improvement or the cost of work done by the city to reimburse
the city for the services rendered by the city in the administration and
supervision of such improvement by its general officers, any necessary
reserves and where property and
improvements already owned by the city and previously financed by the issuance
of revenue bonds is acquired the cost shall include not to exceed the principal
amount of such outstanding revenue bonds plus the amount of matured interest,
interest maturing within 90 days, and the amount of any call premium or
purchase premium required.
(e) "Consultant" means engineers, architects, planners, attorneys and
other persons deemed competent to advise and assist the governing body in
planning and making of improvements.
(f) "Improvement district" means:
(1) An area deemed by the governing body to be benefited by an
improvement and subject to special assessment for all or a portion of the cost
of the improvement; or
(2) an area described in a petition submitted in accordance with subsection
(c) or (d) of K.S.A. 12-6a04, and amendments thereto, and subject to a special
assessment for all or a portion of the cost of the improvement.
(g) "Street" means street, alley, avenue, boulevard, or other public way
or any part thereof.
(h) "Newspaper" means the official designated newspaper of the city, or
if there is no newspaper published therein or no official newspaper, a
newspaper of general circulation in the city authorized to publish legal
notices.
(i) "Asbestos" means the asbestiform varieties of chrysotile (serpentine),
crocidolite (riebeckite), amosite (cummingtonitegrunerite), anthophyllite,
tremolite and actinolite.
(j) "Asbestos-containing material" means any material or product which
contains more than 1% asbestos.
(k) "Asbestos control project" means any activity which is necessary or
incidental to the control of asbestos-containing material in any municipally
owned building or privately owned building, which has been declared by the
governing body to be for a public purpose and a benefit to the general health,
safety and welfare or to the general economic development of the area within
[which]
such privately owned buildings are located. Such project shall include, but not
by way of limitation, any activity undertaken for:
(1) The removal or encapsulation of asbestos-containing material;
(2) any remodeling, renovation, replacement, rehabilitation or other
restoration necessitated by such removal or encapsulation;
(3) conducting inspections, reinspections and periodic surveillance of
buildings;
(4) performing response actions;
(5) developing, implementing and updating operations and maintenance
programs and management plans; and
(6) all preparation, cleanup, disposal and postabatement clearance testing
measures associated with such activities.
(l) "Lead control project" means any activity which is necessary or
incidental to the control of any lead hazard in any municipally owned building
or privately owned building, which has been declared by the governing body to
be for a public purpose and a benefit to the general health, safety and welfare
or to the general economic development of the area within [which] such
privately owned
buildings are located. Such project shall include, but not by way of
limitation, any activity undertaken for:
(1) The removal of lead-based paint and lead-contaminated dust, the permanent
containment or encapsulation of lead-based paint, the replacement of
lead-painted surfaces or fixtures, and the removal or covering of lead
contaminated soil;
(2) any remodeling, renovation, replacement, rehabilitation or other
restoration necessitated by such removal or encapsulation;
(3) conducting inspections, reinspections and periodic surveillance of
buildings;
(4) performing response actions;
(5) developing, implementing and updating operations and maintenance
programs and management plans; and
(6) all preparation, cleanup, disposal and postabatement clearance testing
measures associated with such activities.
(m) "Lead hazard" means any condition which causes exposure to lead that
would result in adverse human health effects.
(n) "Bonds" means general obligation bonds or special obligation
bonds.
History: L. 1957, ch. 99, § 1; L. 1968, ch. 408, §
1;
L. 1996, ch. 231, § 7;
L. 2003, ch. 120, § 1;
L. 2007, ch. 171, § 2; May 17.
Article 6a.--GENERAL IMPROVEMENT AND ASSESSMENT LAW
12-6a01.Procedures for certain improvements and for
financing costs;
definitions.
For the purpose of this act, the terms defined in this section shall have the
meanings ascribed to them as follows:
(a) "Improvement" means any type of improvement made under authority of this
act and the singular may include the plural, and includes reimprovement of a
prior improvement.
(b) "To improve" means to construct, reconstruct, maintain, restore, replace,
renew, repair, install, equip, extend or to otherwise perform any work which
will provide a new facility or enhance, extend or restore the value or utility
of an existing facility.
(c) "Acquire" means the acquisition of property or interests in property
by purchase, gift, condemnation or other lawful means, including
improvements authorized to be constructed under this act, and may include
the
acquisition of existing property and improvements already owned by the city
and previously financed by the issuance of revenue bonds, such acquisition
to constitute a refunding of such revenue bonds and no additional refunding
authority shall be required but nothing herein shall be construed to require a
holder of any such revenue bonds to surrender bonds for refunding unless the
provisions of such bonds allow the redemption thereof.
(d) "Cost" means all costs necessarily incurred for the preparation of
preliminary reports, the preparation of plans and specifications, the
preparation and publication of notices of hearings, resolutions, ordinances and
other proceedings, necessary fees and expenses of consultants and interest
accrued on borrowed money during the period of construction together with the
cost of land, materials, labor and other lawful expenses incurred in planning
and doing any improvement and may include a charge of not to exceed 5% of the
total cost of an improvement or the cost of work done by the city to reimburse
the city for the services rendered by the city in the administration and
supervision of such improvement by its general officers, any necessary
reserves and where property and
improvements already owned by the city and previously financed by the issuance
of revenue bonds is acquired the cost shall include not to exceed the principal
amount of such outstanding revenue bonds plus the amount of matured interest,
interest maturing within 90 days, and the amount of any call premium or
purchase premium required.
(e) "Consultant" means engineers, architects, planners, attorneys and
other persons deemed competent to advise and assist the governing body in
planning and making of improvements.
(f) "Improvement district" means:
(1) An area deemed by the governing body to be benefited by an
improvement and subject to special assessment for all or a portion of the cost
of the improvement; or
(2) an area described in a petition submitted in accordance with subsection
(c) or (d) of K.S.A. 12-6a04, and amendments thereto, and subject to a special
assessment for all or a portion of the cost of the improvement.
(g) "Street" means street, alley, avenue, boulevard, or other public way
or any part thereof.
(h) "Newspaper" means the official designated newspaper of the city, or
if there is no newspaper published therein or no official newspaper, a
newspaper of general circulation in the city authorized to publish legal
notices.
(i) "Asbestos" means the asbestiform varieties of chrysotile (serpentine),
crocidolite (riebeckite), amosite (cummingtonitegrunerite), anthophyllite,
tremolite and actinolite.
(j) "Asbestos-containing material" means any material or product which
contains more than 1% asbestos.
(k) "Asbestos control project" means any activity which is necessary or
incidental to the control of asbestos-containing material in any municipally
owned building or privately owned building, which has been declared by the
governing body to be for a public purpose and a benefit to the general health,
safety and welfare or to the general economic development of the area within
[which]
such privately owned buildings are located. Such project shall include, but not
by way of limitation, any activity undertaken for:
(1) The removal or encapsulation of asbestos-containing material;
(2) any remodeling, renovation, replacement, rehabilitation or other
restoration necessitated by such removal or encapsulation;
(3) conducting inspections, reinspections and periodic surveillance of
buildings;
(4) performing response actions;
(5) developing, implementing and updating operations and maintenance
programs and management plans; and
(6) all preparation, cleanup, disposal and postabatement clearance testing
measures associated with such activities.
(l) "Lead control project" means any activity which is necessary or
incidental to the control of any lead hazard in any municipally owned building
or privately owned building, which has been declared by the governing body to
be for a public purpose and a benefit to the general health, safety and welfare
or to the general economic development of the area within [which] such
privately owned
buildings are located. Such project shall include, but not by way of
limitation, any activity undertaken for:
(1) The removal of lead-based paint and lead-contaminated dust, the permanent
containment or encapsulation of lead-based paint, the replacement of
lead-painted surfaces or fixtures, and the removal or covering of lead
contaminated soil;
(2) any remodeling, renovation, replacement, rehabilitation or other
restoration necessitated by such removal or encapsulation;
(3) conducting inspections, reinspections and periodic surveillance of
buildings;
(4) performing response actions;
(5) developing, implementing and updating operations and maintenance
programs and management plans; and
(6) all preparation, cleanup, disposal and postabatement clearance testing
measures associated with such activities.
(m) "Lead hazard" means any condition which causes exposure to lead that
would result in adverse human health effects.
(n) "Bonds" means general obligation bonds or special obligation
bonds.
History: L. 1957, ch. 99, § 1; L. 1968, ch. 408, §
1;
L. 1996, ch. 231, § 7;
L. 2003, ch. 120, § 1;
L. 2007, ch. 171, § 2; May 17.
Article 6a.--GENERAL IMPROVEMENT AND ASSESSMENT LAW
12-6a01.Procedures for certain improvements and for
financing costs;
definitions.
For the purpose of this act, the terms defined in this section shall have the
meanings ascribed to them as follows:
(a) "Improvement" means any type of improvement made under authority of this
act and the singular may include the plural, and includes reimprovement of a
prior improvement.
(b) "To improve" means to construct, reconstruct, maintain, restore, replace,
renew, repair, install, equip, extend or to otherwise perform any work which
will provide a new facility or enhance, extend or restore the value or utility
of an existing facility.
(c) "Acquire" means the acquisition of property or interests in property
by purchase, gift, condemnation or other lawful means, including
improvements authorized to be constructed under this act, and may include
the
acquisition of existing property and improvements already owned by the city
and previously financed by the issuance of revenue bonds, such acquisition
to constitute a refunding of such revenue bonds and no additional refunding
authority shall be required but nothing herein shall be construed to require a
holder of any such revenue bonds to surrender bonds for refunding unless the
provisions of such bonds allow the redemption thereof.
(d) "Cost" means all costs necessarily incurred for the preparation of
preliminary reports, the preparation of plans and specifications, the
preparation and publication of notices of hearings, resolutions, ordinances and
other proceedings, necessary fees and expenses of consultants and interest
accrued on borrowed money during the period of construction together with the
cost of land, materials, labor and other lawful expenses incurred in planning
and doing any improvement and may include a charge of not to exceed 5% of the
total cost of an improvement or the cost of work done by the city to reimburse
the city for the services rendered by the city in the administration and
supervision of such improvement by its general officers, any necessary
reserves and where property and
improvements already owned by the city and previously financed by the issuance
of revenue bonds is acquired the cost shall include not to exceed the principal
amount of such outstanding revenue bonds plus the amount of matured interest,
interest maturing within 90 days, and the amount of any call premium or
purchase premium required.
(e) "Consultant" means engineers, architects, planners, attorneys and
other persons deemed competent to advise and assist the governing body in
planning and making of improvements.
(f) "Improvement district" means:
(1) An area deemed by the governing body to be benefited by an
improvement and subject to special assessment for all or a portion of the cost
of the improvement; or
(2) an area described in a petition submitted in accordance with subsection
(c) or (d) of K.S.A. 12-6a04, and amendments thereto, and subject to a special
assessment for all or a portion of the cost of the improvement.
(g) "Street" means street, alley, avenue, boulevard, or other public way
or any part thereof.
(h) "Newspaper" means the official designated newspaper of the city, or
if there is no newspaper published therein or no official newspaper, a
newspaper of general circulation in the city authorized to publish legal
notices.
(i) "Asbestos" means the asbestiform varieties of chrysotile (serpentine),
crocidolite (riebeckite), amosite (cummingtonitegrunerite), anthophyllite,
tremolite and actinolite.
(j) "Asbestos-containing material" means any material or product which
contains more than 1% asbestos.
(k) "Asbestos control project" means any activity which is necessary or
incidental to the control of asbestos-containing material in any municipally
owned building or privately owned building, which has been declared by the
governing body to be for a public purpose and a benefit to the general health,
safety and welfare or to the general economic development of the area within
[which]
such privately owned buildings are located. Such project shall include, but not
by way of limitation, any activity undertaken for:
(1) The removal or encapsulation of asbestos-containing material;
(2) any remodeling, renovation, replacement, rehabilitation or other
restoration necessitated by such removal or encapsulation;
(3) conducting inspections, reinspections and periodic surveillance of
buildings;
(4) performing response actions;
(5) developing, implementing and updating operations and maintenance
programs and management plans; and
(6) all preparation, cleanup, disposal and postabatement clearance testing
measures associated with such activities.
(l) "Lead control project" means any activity which is necessary or
incidental to the control of any lead hazard in any municipally owned building
or privately owned building, which has been declared by the governing body to
be for a public purpose and a benefit to the general health, safety and welfare
or to the general economic development of the area within [which] such
privately owned
buildings are located. Such project shall include, but not by way of
limitation, any activity undertaken for:
(1) The removal of lead-based paint and lead-contaminated dust, the permanent
containment or encapsulation of lead-based paint, the replacement of
lead-painted surfaces or fixtures, and the removal or covering of lead
contaminated soil;
(2) any remodeling, renovation, replacement, rehabilitation or other
restoration necessitated by such removal or encapsulation;
(3) conducting inspections, reinspections and periodic surveillance of
buildings;
(4) performing response actions;
(5) developing, implementing and updating operations and maintenance
programs and management plans; and
(6) all preparation, cleanup, disposal and postabatement clearance testing
measures associated with such activities.
(m) "Lead hazard" means any condition which causes exposure to lead that
would result in adverse human health effects.
(n) "Bonds" means general obligation bonds or special obligation
bonds.
History: L. 1957, ch. 99, § 1; L. 1968, ch. 408, §
1;
L. 1996, ch. 231, § 7;
L. 2003, ch. 120, § 1;
L. 2007, ch. 171, § 2; May 17.