PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 10.--PUBLIC IMPROVEMENTS
13-10,115.Major traffic streets in certain cities in counties over
120,000; resolution; protests; election; temporary notes and bonds; special
assessments and payments by city.
The governing body of any city located in a county having a population
of more than 120,000 and an assessed tangible valuation of more
than $150,000,000 may by resolution declare any
street to be in its opinion a major traffic street and declare its
intention of improving or reimproving such street. Such resolution shall
describe in general terms the improvement or reimprovement to be made
and shall provide that the cost or a stated percentage of the cost thereof
shall be paid by the city at large out of the fund for the improvement and
maintenance of streets or by the issuance of bonds. The resolution shall
be published once each week for two consecutive weeks in the official city
paper. If, within 90 days after the last publication of the resolution,
there is filed in the office of city clerk a protest signed by qualified
electors equal in number to not less than 2% of those who voted at the last
general city election, an election shall be called and held within 90 days
after the filing of the protest.
The protest shall be signed personally by each person protesting and
shall give the street address of such signer. The protest need not all
be on one sheet but each sheet shall bear an affidavit of one of the
qualified signers of the protest (whose name need not be on the
particular sheet) that the qualified signer personally saw each person
whose signature purports to be on the sheet sign the protest and that
the person who signed the protest was the person whose name such person
signed.
The election procedure shall be substantially as provided for bond
elections in K.S.A. 10-120 and amendments thereto. An estimate of the
cost of the improvement may or may not be included in the resolution and
in the notice of election and in the proposition as stated on the
ballot. If no sufficient protest is filed or if there is
an election and a majority of those voting at
the election vote in favor of the improvement, the governing body shall
by ordinance provide for the
improvement.
If the cost is to be paid by bonds, temporary notes may be issued as
provided by K.S.A. 10-123 and amendments thereto, during the progress of
the work, and after the improvement is completed and the total cost
ascertained, bonds shall be issued by ordinance. If only a percentage
(which shall not be less than 50%) of the cost is paid by the
city, the remaining cost shall be assessed against the adjacent real
property, without regard to the value of the improvements, to the middle
of the block on either side and, as to unplatted territory, as provided
in K.S.A. 12-606 and amendments thereto, without regard to grading
district and not by blocks. The portion of the cost to be assessed
against the property in the improvement district shall be apportioned in
the manner provided in K.S.A. 12-608 or 12-6a08, and amendments thereto.
History: L. 1945, ch. 131, § 1; L. 1974, ch. 77, § 1; L. 1981,
ch. 173, § 36; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 10.--PUBLIC IMPROVEMENTS
13-10,115.Major traffic streets in certain cities in counties over
120,000; resolution; protests; election; temporary notes and bonds; special
assessments and payments by city.
The governing body of any city located in a county having a population
of more than 120,000 and an assessed tangible valuation of more
than $150,000,000 may by resolution declare any
street to be in its opinion a major traffic street and declare its
intention of improving or reimproving such street. Such resolution shall
describe in general terms the improvement or reimprovement to be made
and shall provide that the cost or a stated percentage of the cost thereof
shall be paid by the city at large out of the fund for the improvement and
maintenance of streets or by the issuance of bonds. The resolution shall
be published once each week for two consecutive weeks in the official city
paper. If, within 90 days after the last publication of the resolution,
there is filed in the office of city clerk a protest signed by qualified
electors equal in number to not less than 2% of those who voted at the last
general city election, an election shall be called and held within 90 days
after the filing of the protest.
The protest shall be signed personally by each person protesting and
shall give the street address of such signer. The protest need not all
be on one sheet but each sheet shall bear an affidavit of one of the
qualified signers of the protest (whose name need not be on the
particular sheet) that the qualified signer personally saw each person
whose signature purports to be on the sheet sign the protest and that
the person who signed the protest was the person whose name such person
signed.
The election procedure shall be substantially as provided for bond
elections in K.S.A. 10-120 and amendments thereto. An estimate of the
cost of the improvement may or may not be included in the resolution and
in the notice of election and in the proposition as stated on the
ballot. If no sufficient protest is filed or if there is
an election and a majority of those voting at
the election vote in favor of the improvement, the governing body shall
by ordinance provide for the
improvement.
If the cost is to be paid by bonds, temporary notes may be issued as
provided by K.S.A. 10-123 and amendments thereto, during the progress of
the work, and after the improvement is completed and the total cost
ascertained, bonds shall be issued by ordinance. If only a percentage
(which shall not be less than 50%) of the cost is paid by the
city, the remaining cost shall be assessed against the adjacent real
property, without regard to the value of the improvements, to the middle
of the block on either side and, as to unplatted territory, as provided
in K.S.A. 12-606 and amendments thereto, without regard to grading
district and not by blocks. The portion of the cost to be assessed
against the property in the improvement district shall be apportioned in
the manner provided in K.S.A. 12-608 or 12-6a08, and amendments thereto.
History: L. 1945, ch. 131, § 1; L. 1974, ch. 77, § 1; L. 1981,
ch. 173, § 36; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 10.--PUBLIC IMPROVEMENTS
13-10,115.Major traffic streets in certain cities in counties over
120,000; resolution; protests; election; temporary notes and bonds; special
assessments and payments by city.
The governing body of any city located in a county having a population
of more than 120,000 and an assessed tangible valuation of more
than $150,000,000 may by resolution declare any
street to be in its opinion a major traffic street and declare its
intention of improving or reimproving such street. Such resolution shall
describe in general terms the improvement or reimprovement to be made
and shall provide that the cost or a stated percentage of the cost thereof
shall be paid by the city at large out of the fund for the improvement and
maintenance of streets or by the issuance of bonds. The resolution shall
be published once each week for two consecutive weeks in the official city
paper. If, within 90 days after the last publication of the resolution,
there is filed in the office of city clerk a protest signed by qualified
electors equal in number to not less than 2% of those who voted at the last
general city election, an election shall be called and held within 90 days
after the filing of the protest.
The protest shall be signed personally by each person protesting and
shall give the street address of such signer. The protest need not all
be on one sheet but each sheet shall bear an affidavit of one of the
qualified signers of the protest (whose name need not be on the
particular sheet) that the qualified signer personally saw each person
whose signature purports to be on the sheet sign the protest and that
the person who signed the protest was the person whose name such person
signed.
The election procedure shall be substantially as provided for bond
elections in K.S.A. 10-120 and amendments thereto. An estimate of the
cost of the improvement may or may not be included in the resolution and
in the notice of election and in the proposition as stated on the
ballot. If no sufficient protest is filed or if there is
an election and a majority of those voting at
the election vote in favor of the improvement, the governing body shall
by ordinance provide for the
improvement.
If the cost is to be paid by bonds, temporary notes may be issued as
provided by K.S.A. 10-123 and amendments thereto, during the progress of
the work, and after the improvement is completed and the total cost
ascertained, bonds shall be issued by ordinance. If only a percentage
(which shall not be less than 50%) of the cost is paid by the
city, the remaining cost shall be assessed against the adjacent real
property, without regard to the value of the improvements, to the middle
of the block on either side and, as to unplatted territory, as provided
in K.S.A. 12-606 and amendments thereto, without regard to grading
district and not by blocks. The portion of the cost to be assessed
against the property in the improvement district shall be apportioned in
the manner provided in K.S.A. 12-608 or 12-6a08, and amendments thereto.
History: L. 1945, ch. 131, § 1; L. 1974, ch. 77, § 1; L. 1981,
ch. 173, § 36; July 1.