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Form a Business

PUBLIC IMPROVEMENTS

K.S.A. ch. 12, art. 6
in effect

K.S.A. 12-6,102 City-county storm drainage system; resolution; method of assessment.

12-6,102. City-county storm drainage system; resolution; method of assessment. The governing body of any city and the board of county commissioners of the county in which such city is located may provide for a system of storm drainage in any natural drainage area located within the corporate limits of the city and the adjacent unincorporated area of the county. The governing body of the city and the board of county commissioners of the county may by joint resolution create a joint storm drainage district and provide for the construction of, and maintenance of main and lateral storm water drains therein. Such joint resolution shall provide for the method of assessment to be utilized in assessing the cost of improvements against the property within the district and the portion, if any, of the cost to be borne by the city at large. Final engineering plans for any proposed improvement shall be approved by both the governing body of the city and the board of county commissioners of the county. Improvement projects within such district, including that portion lying outside the city, shall be administered by the city and shall be initiated, authorized, and financed by the issuance of bonds and the levying of special assessments in the manner provided for the initiation, authorization and financing of improvements under the provisions of article 6a of chapter 12 of the Kansas Statutes Annotated, and amendments thereto, and on the basis of any reasonable assessment plan which considers land use and which will result in imposing substantially equal burdens upon property similarly benefited, and in accordance with the provisions of the joint resolution. Moneys received from special assessments levied against property located outside the corporate limits of the city shall be paid to the city for the retirement of bonds issued by the city for payment of the cost of improvements within such district for which such assessments were levied. L. 1980, ch. 58, § 1; July 1. Cross References to Related Sections: Cities, see 12-631r, 12-631s. Certain first-class cities, see 13-1057b et seq. Urban areas in counties, see 19-27,129 et seq.

K.S.A. 12-6,103 Same; preparation of assessment roll; public inspection.

12-6,103. Same; preparation of assessment roll; public inspection. As soon as the total cost of any proposed improvement is determined, the governing body of the city and the board of county commissioners of the county shall cause the assessments against each lot, piece or parcel of land deemed to be benefited, to be determined in the manner set forth in the joint resolution and an assessment roll shall be prepared. The proposed assessment roll shall be filed with both the city and county clerks and be open for public inspection. L. 1980, ch. 58, § 2; July 1.

K.S.A. 12-6,104 Same; publication of joint resolution; mailing of assessment notices; protest petition and election; qualified elector defined.

12-6,104. Same; publication of joint resolution; mailing of assessment notices; protest petition and election; qualified elector defined. Notwithstanding the provisions of K.S.A. 12-6a06 , whenever a joint storm water drainage district is created under K.S.A. 12-6,102 , the governing body of the city and the board of county commissioners of the county shall publish the joint resolution creating the district once each week for two consecutive weeks in the official newspaper of the county. At the same time as the joint resolution is published for the last time, the city or county clerk shall mail to the owners of the property made liable to pay an assessment at their last known post office address, a notice that a joint resolution has been adopted to create the joint storm drainage system and a statement of the cost proposed to be assessed against the land so owned. If, within sixty (60) days following the last publication of the resolution and the mailing of the notices to the individual landowners, a petition protesting the creation of the district signed by not less than five percent (5%) of the qualified electors of the proposed district is filed with the county election officer, no district shall be created unless the proposition has been submitted to and approved by a majority of the qualified electors of the district voting at an election called and held thereon. Qualified elector for the purpose of this act shall mean any person eighteen years of age or over who is a resident of the proposed joint storm drainage district or who owns land within the proposed district. Such election shall be noticed, called and held in the manner prescribed for the noticing, calling and holding of elections under the general bond law. L. 1980, ch. 58, § 3; July 1.

K.S.A. 12-6,105 Limitation on actions to set aside special assessments under civil rights statute.

12-6,105. Limitation on actions to set aside special assessments under civil rights statute. (a) It is in the public interest to allow local units of government to finance the costs of public improvements by levying special assessments against the property which benefits from the improvements. It also is in the public interest, following timely notice and the opportunity to protest the levying of special assessments at a public hearing, that all challenges to the validity of the special assessments or to the proceedings relating thereto be commenced and resolved in a prompt and timely manner in order to avoid delay and increased public expense for the public improvements. (b) No suit, brought under any federal civil rights statute, to set aside any special assessments levied against property pursuant to the laws of this state or to otherwise question the validity of the proceedings relating thereto shall be brought after the expiration of 90 days from the publication of the ordinance, resolution or other order fixing the special assessments. L. 1984, ch. 58, § 1; April 19.

K.S.A. 12-6,110 Public improvements, costs; installment payments; delay in payment of assessments; bonds.

12-6,110. Public improvements, costs; installment payments; delay in payment of assessments; bonds. Whenever the governing body of any city authorizes the construction of any public improvement, the expense of which is chargeable to a benefit district, the governing body may provide for the payment of the cost thereof by installments, instead of levying the entire tax or special assessment for such cost at one time. In addition, the governing body may authorize and provide for a delay in the payment of such assessments subject to the conditions and in the manner provided in this act. The governing body may issue internal improvement bonds of the city to pay the cost of such improvements. The procedure for assessing and collecting the installments, or for redeeming lands from special assessments, for bonds issued for the construction of public improvements shall be the same as for bonds issued for paving, so far as the same is applicable, and for the cost of such public improvements as are made payable out of the general improvement fund of the city. The governing body also may issue general improvement bonds of the city, and such bonds and the interest thereon shall be paid by the levy of a general tax on all the property in the city. R.S. 1923, § 13-1018; L. 1937, ch. 132, § 1; L. 1941, ch. 122, § 10; L. 1945, ch. 113, § 1; L. 1947, ch. 138, § 1; L. 1951, ch. 151, § 1; L. 1969, ch. 95, § 1; L. 1981, ch. 80, § 1; L. 1991, ch. 64, § 1; July 1. Source or prior law: L. 1891, ch. 73, § 9; L. 1903, ch. 122, § 154; L. 1915, ch. 111, § 1. CASE ANNOTATIONS 1. Cases construing former laws relating to internal improvement bonds. Kansas City v. Gray, 62 Kan. 198, 61 P. 746; Kansas City v. Cullinan, 65 Kan. 68, 68 P. 1099; Railroad Co. v. Kansas City, 73 Kan. 571, 85 P. 603. 2. Bonds bearing 5 percent; ordinance levying 7 percent on assessments; bonds valid. City of Pratt v. Davis, 97 Kan. 598, 599, 155 P. 936. 3. Registration may be required after expiration of thirty days; irregularities. City of Pratt v. Davis 97 Kan. 598, 599, 155 P. 936. 4. Bonds may be issued at 5 percent without privilege of prepayment. The State, ex rel., v. Kansas City, 110 Kan. 603, 604, 204 P. 690. 5. Prepayment privilege after five years required only on 6 percent bonds. The State, ex rel., v. Kansas City, 110 Kan. 603, 604, 204 P. 690. 6. Section cited in determining time from which interest shall run on bonds. Buckwalter v. Henrion, 118 Kan. 13, 233 P. 793. 7. Act authorizing cities to tax bills does not amend this section. State, ex rel., v. Kansas City, 125 Kan. 88, 91, 262 P. 1032.

K.S.A. 12-6,111 Same; delay in payment of special assessments; financial analysis; extension; payments due, when.

12-6,111. Same; delay in payment of special assessments; financial analysis; extension; payments due, when. The governing body of any city may authorize and provide for a delay in the payment following a financial analysis of special assessments for the cost of constructing public improvements in unplatted and undeveloped areas of the city. The governing body of such city may provide for a delay in the commencement of payment of some or all special assessments upon such property for a designated period of not to exceed 15 years or until such property is platted or developed if the same occurs prior to the conclusion of the period designated. In the event a benefit district is not developed to 50% of its area, an additional extension of 10 years before commencement of payments may be granted in the benefit district. All such assessments shall be due and payable at the time such property is platted or developed or at the expiration of the designated period. The payments for land which has not been platted or developed within the extension period shall become due and payable in a like manner as if the time for the payment of special assessments had not been delayed and extended. L. 1969, ch. 95, § 2; L. 1981, ch. 80, § 2; L. 1991, ch. 64, § 2; July 1.

K.S.A. 12-6,112 Same; ordinance requirements; notation of "payment delayed"; collection of assessments.

12-6,112. Same; ordinance requirements; notation of "payment delayed"; collection of assessments. Ordinances levying special assessments for the costs of constructing public improvements upon property for which the city has granted a delay in payment shall state the period of the delay granted. The city clerk shall when certifying such special assessments to the county clerk, note thereon the words "payment delayed" and the period for which such delay has been granted. Such special assessments, when levied and certified and when they become due shall be collected as other taxes. L. 1969, ch. 95, § 3; L. 1981, ch. 80, § 3; July 1.

K.S.A. 12-6,113 Same; undeveloped areas defined.

12-6,113. Same; undeveloped areas defined. For the purpose of this act, undeveloped areas shall mean those areas which: (a) Are in excess of 2½ acres; (b) have not been platted; (c) are primarily used for agricultural purposes; and (d) have a population density of less than one family per acre. L. 1969, ch. 95, § 4; L. 1981, ch. 80, § 4; L. 1991, ch. 64, § 3; July 1.

K.S.A. 12-6,114 Same; principal and interest payments during delayed period; revenues from public improvement charges; assessment of costs incurred by city.

12-6,114. Same; principal and interest payments during delayed period; revenues from public improvement charges; assessment of costs incurred by city. Whenever the governing body of any city shall grant a delay in the payment of assessments under the provisions of this act, such governing body shall provide for the payment of the principal and interest of bonds issued for the payment of the costs of such improvement during the period for which such delay has been granted by the levy of a tax upon all of the taxable property of the city in the manner provided for the payment of bonds payable by the city at large. That portion of the bonds issued for the payment of the costs of constructing public improvements which are payable by the city at large during the period granted as a delay in the payment of assessments shall be considered bonds payable by the city at large and not bonds the cost of which are payable from special assessments. Revenues derived from any service charges derived from such improvements may be used to pay the principal and interest thereon. All costs incurred by the city at large by reason of and during the time of the delay in the payment of assessments shall be paid by special assessments against the property against which such costs were originally assessed and the proceeds thereof paid into the general bond and interest fund of the city. In no event shall said amount exceed the original assessment plus prorated interest which would have been charged initially for a ten-year installment payment schedule. L. 1969, ch. 95, § 5; L. 1981, ch. 80, § 5; July 1.

K.S.A. 12-6,121 Acquisition by city of sewerage system created by county; procedure; financing of costs.

12-6,121. Acquisition by city of sewerage system created by county; procedure; financing of costs. (a) As used in this act: (1) "City" means any city located in the state of Kansas. (2) "County" means any county located in the state of Kansas. (3) "Sewerage system" means sewers, mains, pumping stations, treatment works, storage facilities and all other appurtenances to the collection, storage, treatment and disposal of sewage or waste water. (b) The governing body of any city and the board of county commissioners of any county may enter into an agreement pursuant to K.S.A. 12-2901 , et seq., and amendments thereto, providing for the transfer to the city a sewerage system, or any part thereof, in a sewer district created by the county whether located inside or outside the corporate limits of such city. (c) Any outstanding bonded indebtedness and other liabilities incurred by a sewer district created to pay for the construction and operation of the sewerage system, that exist at the time of the transfer pursuant to an agreement authorized by subsection (a), shall be and remain an obligation of the district. Any and all special assessments or other charges assessed against the property in the district for the payment of the cost of the sewerage system shall remain an obligation of the property assessed and shall be payable by the property owners until the outstanding debt is paid. (d) The governing body of the city may agree to assume any or all of the outstanding debt and other liabilities of the district. The governing body of the city may issue general obligation bonds of such city to acquire the sewerage system and pay the outstanding debt and liabilities assumed thereby when acquiring such sewerage system. All costs incurred by the city pursuant to an agreement authorized by subsection (b) may be paid by the city at large or from the general improvement fund, general revenue fund, internal improvement fund, or any other fund or funds of such city which are available for such purposes. (e) This act shall be supplemental to all other acts relating to the financing of sewerage systems and shall not preclude the use of other statutes or home rule authority pursuant to section 5 of article 12 of the Kansas constitution for the making and financing of all or any part of such systems. L. 1994, ch. 244, § 1; July 1.

K.S.A. 12-6,122 Public improvements; notice requirements when election is to be called.

12-6,122. Public improvements; notice requirements when election is to be called. (a) When used in this section, "municipality" means any county, township, city, municipal university, school district and any other taxing district or political subdivision of the state. (b) Whenever the governing body of any municipality proposes to make a public improvement and the question of making or financing such improvement is submitted for approval by the qualified electors of the municipality, the governing body shall include in the notice of such election: (1) The type of public improvement to be made; (2) the projected cost of making such public improvement; (3) the projected cost of professional services to be acquired and paid for in conjunction with such improvement, including, but not limited to, architectural, engineering, legal, bond underwriting, financial advisory, bond rating and other services; (4) if bonds are to be issued, the projected date on which the bonds would be retired; (5) if sales and use taxes are to be levied, the projected date on which the proposed tax will expire; and (6) any other information deemed necessary by the governing body of the municipality to provide full disclosure relating to the proposed public improvement. Nothing in this subsection shall be grounds to challenge the validity of the election on the improvement or the method of financing the improvement and expenses related thereto if the governing body has made a good faith effort to comply with the requirements of this subsection based upon the information available to the governing body at the time of the publication of the notice. (c) If at any time after an election is held authorizing the financing or making of an improvement and prior to the letting of contracts for such improvement, the governing body of the municipality determines that the cost of the improvement will exceed, by at least 20%, the amount of the projected cost stated in the notice of the election as required by subsection (b), the governing body shall not authorize the letting of contracts for such improvement until the governing body publishes a notice in a newspaper of general circulation within the municipality of the time, date and place of a public hearing before the governing body concerning the cost of the public improvement. At such hearing the governing body shall explain the basis for the variance in costs for the public improvement from projected costs published in accordance with subsection (b) and receive comments from the public thereon. (d) After the hearing required by subsection (c), the governing body may: (1) Authorize the letting of contracts for the completion of the public improvement; (2) determine the project is not feasible and not let the contracts; or (3) submit the question of making such improvement and the method of financing such project to the qualified electors of the municipality. Such election shall be called and held in the manner provided by the general bond law. (e) If the governing body of the municipality determines that the continuation of the public improvement project is not feasible or the question submitted to the qualified electors in accordance with subsection (d) is not approved at the election held thereon, the governing body shall not issue bonds or, if the project is to be financed in accordance with a retailers' sales tax in accordance with K.S.A. 12-187 et seq., and amendments thereto, the governing body shall repeal that portion of such tax attributable to the financing of the public improvement project in the manner provided by K.S.A. 12-187 , and amendments thereto. No portion of a countywide retailers' sales tax shall be repealed for the reasons set forth in this subsection unless and until the governing bodies of the county and all the cities therein adopt resolutions providing therefor. L. 1996, ch. 222, § 2; July 1. Cross References to Related Sections: Notice requirements of bond elections, see 10-120a.

K.S.A. 12-6,123 Disclosure by seller; acknowledgment.

12-6,123. Disclosure by seller; acknowledgment. As part of the contract or prior to the execution of a contract for the sale of any real property which is subject to a special assessment or fee pursuant to K.S.A. 12-601 et seq., and amendments thereto, the seller of the property shall disclose to the buyer that the property is subject to such special assessment or fee or located in an improvement district created pursuant to K.S.A. 12-601 et seq., and amendments thereto. If the amount of such special assessment or fee is unknown, the seller shall make a good faith estimation of such amount. The seller of the property shall obtain a written acknowledgment from the buyer that the buyer is aware of such assessment or fee or that the property is located in an improvement district created pursuant to K.S.A. 12-601 et seq., and amendments thereto. L. 2003, ch. 156, § 6; July 1.

K.S.A. 12-601 Cost of street improvements assessed against abutting owners.

12-601. Cost of street improvements assessed against abutting owners. Whenever any street or avenue in any city shall be graded, regraded, paved, repaved, curbed, recurbed, guttered, reguttered, macadamized, remacadamized, or otherwise improved, the cost of such improvement shall be paid by and assessed to the property on each side of said street or avenue to the middle of the block. R.S. 1923, § 12-601; December 27. Source or prior law: L. 1891, ch. 73, § 7; L. 1913, ch. 129, § 1; L. 1921, ch. 143, § 1. Law Review and Bar Journal References: 1953-55 survey of Kansas law, Earl B. Shurtz, 4 K.L.R. 305, 311 (1955). 1955-56 survey of Kansas law, Ferd E. Evans, Jr., 5 K.L.R. 300, 321 (1956). 1963-65 survey of municipal corporations, J. Richard Foth, 14 K.L.R. 329, 332 (1965). CASE ANNOTATIONS 1. Cases construing former acts relating to grading, curbing, paving, etc. Pollock v. Kansas City, 87 Kan. 205, 123 P. 985; Kimmerle v. City of Topeka, 88 Kan. 370, 128 P. 367; Brewer v. City of Pittsburg, 91 Kan. 910, 139 P. 418; Ransom v. Minnick, 92 Kan. 953, 142 P. 934; Sutcliff v. City of Glasco, 101 Kan. 419, 166 P. 496; Smith v. City of Courtland, 103 Kan. 142, 172 P. 1027; Root v. City of Topeka, 104 Kan. 668, 180 P. 229; Dunsworth v. City of Hutchinson, 109 Kan. 538, 199 P. 89; City of St. John v. Stafford County, 111 Kan. 128, 205 P. 1033; Weigand v. City of Wichita, 111 Kan. 455, 207 P. 651. 2. Improvement initiated before revision took effect assessed as herein provided. State, ex rel., v. Davis, 116 Kan. 211, 212, 225 P. 1064. 3. Method of assessment where block bounded on one side by river considered. Atchison, T.& S.F. Rly. Co. v. City of Kingman, 122 Kan. 504, 506, 252 P. 220. 4. Method of assessing platted and unplatted land considered. Atchison, T.& S.F. Rly. Co. v. City of Hutchinson, 130 Kan. 625, 628, 287 P. 587. 5. "Block" defined; block may consist of platted lots and unplatted lands. Wilson v. City of Topeka, 168 Kan. 236, 238, 240, 212 P.2d 218. 6. Narrow strip of land between vacated street and open street not "block." Babb v. City of Wichita, 175 Kan. 148, 149, 151, 259 P.2d 581. 7. Block defined; city without power to create a fictional block; assessment invalid. Sports Center, Inc. v. City of Wichita, 176 Kan. 84, 85, 86, 269 P.2d 399. 8. Construed; city liable for entire cost of improvement, when. Overholt v. City of Ellinwood, 176 Kan. 330, 333, 270 P.2d 213. 9. Word "block" defined. Berndt v. City of Ottawa, 179 Kan. 749, 750, 751, 752, 298 P.2d 230. 10. Mentioned; word "block" as used in K.S.A. 13-1602a defined (dissenting opinion). State, ex rel., v. City of Kansas City, 181 Kan. 870, 880, 881, 317 P.2d 806. 11. Assessment of costs hereunder compared with assessment of benefits under K.S.A. 26-202. Bowers v. Gardner, 187 Kan. 720, 723, 724, 360 P.2d 17. 12. "Lot" as used herein defined; unplatted tract held not a "block." Mai v. City of Topeka, 191 Kan. 589, 590, 592, 593, 595, 383 P.2d 553. 13. Where unplatted tract cannot be considered as a "block" assessment should be levied in accordance with first proviso in K.S.A. 12-606. Mai v. City of Topeka, 191 Kan. 589, 590, 592, 593, 595, 383 P.2d 553. 14. Mentioned; city ordinance providing for paving and grading street held invalid. Terrill v. City of Lawrence, 193 Kan. 229, 234, 392 P.2d 909. 15. Application of section; term "block" considered. Colorado Oil & Gas Corp. v. City of Topeka, 196 Kan. 337, 338, 339, 340, 411 P.2d 586. 16. Section inapplicable to proceedings under K.S.A. 12-6a01 et seq. Giddings v. City of Pittsburg, 197 Kan. 777, 780, 781, 782, 421 P.2d 181. 17. Referred to in construing K.S.A. 13-10,115; creation of "fictional block" unlawful; assessment of intersection unreasonable and arbitrary. Bell v. City of Topeka, 220 Kan. 405, 410, 415, 553 P.2d 331. 18. Cited; interest income must set off expense applicable to specific project. Mallon v. City of Emporia, 11 Kan. App. 2d 494, 497, 498, 726 P.2d 1354 (1986).

K.S.A. 12-602 Resolution, protest, contract, levy and assessment for improvements.

12-602. Resolution, protest, contract, levy and assessment for improvements. Whenever the governing body of any city deems it necessary to grade, regrade, pave, repave, curb, recurb, gutter, regutter, macadamize, remacadamize or otherwise improve any street or avenue, or any part thereof, for which a special tax is to be levied, as herein provided, the governing body shall by resolution declare such work or improvement necessary to be done. Such resolution shall be published once each week for two consecutive weeks in the official city newspaper. If the resident owners of more than ½ the property liable for the tax do not within 20 days from the last publication file with the city clerk a protest against such improvement, the governing body shall have power to cause such work to be done or such improvement to be made, to contract therefor and to levy taxes as herein provided. Whenever a majority of the resident owners of real property liable for the tax for the improvement in two or more adjacent blocks petition the governing body to grade, regrade, pave, repave, curb, recurb, gutter, regutter, macadamize, remacadamize or otherwise improve a street or avenue, or any part thereof, the governing body shall cause such work to be done or such improvement to be made, shall contract therefor and shall levy taxes for all such improvements as herein provided upon the property on each side of the street or avenue to the middle of the block. The sufficiency of a protest or petition filed hereunder, as to the ownership of the property, shall be determined by the record in the office of the register of deeds at the time of the adoption of the resolution. The cost of grading, regrading, paving, repaving, curbing, recurbing, guttering, reguttering, macadamizing, remacadamizing or otherwise improving intersections of streets and the cost of making any of improvements in streets, avenues and alleys running along or through city property shall be paid for by the city at large, for which general improvement bonds of the city may be issued according to law, except that, if the petition of the resident owners initiating the project so provides, the entire cost or a part thereof may be assessed against the benefited property in the same manner as the remainder of the improvements. The governing body in its discretion may levy the entire tax or special assessment for such cost at one time or may provide for payment thereof in installments and issue bonds as provided by law for such installments. The owner of any property liable for such assessment may, within 30 days from the time of the determination of the amount assessed against the owner's property, pay the same in full, and such property shall not thereafter be liable for any assessment for the cost of such improvement. Bonds shall be issued only for the amount of the cost of such improvement remaining unpaid at the end of 30 days from the time such assessment is fixed. R.S. 1923, § 12-602; L. 1931, ch. 107, § 1; L. 1967, ch. 83, § 1; L. 1981, ch. 173, § 12; July 1. Source or Prior Law: L. 1872, ch. 100, § 75; L. 1873, ch. 65, § 4; L. 1885, ch. 99, § 6; L. 1887, ch. 104, § 1; L. 1899, ch. 84, § 1; L. 1911, ch. 110, § 1; L. 1911, ch. 120, § 1; L. 1913, ch. 112, § 1; L. 1913, ch. 129, § 2; L. 1921, ch. 143, § 1. See also Source or Prior Law under 13-1011. Cross References to Related Sections: Cities, third class, bond issues, see 15-720. Law Review and Bar Journal References: 1953-55 survey of Kansas law, Earl B. Shurtz, 4 K.L.R. 311 (1955). 1955-56 survey of Kansas law, Ferd E. Evans, Jr., 5 K.L.R. 300, 321 (1956). Survey of law of municipal corporations, Albert B. Martin, 10 K.L.R. 265 (1961). Survey of law of real property and future interests, James K. Logan and N. William Hines, Jr., 10 K.L.R. 299 (1961). CASE ANNOTATIONS 1. Contract to pay for grading by "special tax" considered. Casey v. City of Leavenworth, 17 Kan. 189. 2. Contract to look exclusively to "special tax" for compensation considered. Casey v. City of Leavenworth, 17 Kan. 189. 3. Estimate required before improvement made under former law. Hentig v. Gilmore, County Clerk, 33 Kan. 234, 6 P. 304. 4. Power of cities of first class under former law considered. The State v. Kansas City, 60 Kan. 518, 57 P. 118. 5. Statute must be followed as to resolution and publication of notice. Decker v. City of Pleasanton, 117 Kan. 279, 281, 231 P. 330. 6. This section does not pertain to construction of sewers. St. Louis-S. F. Rly. Co. v. City of Pleasanton, 121 Kan. 559, 560, 247 P. 477. 7. Ordinance for improvement is not subject to referendum. State, ex rel., v. City of Kingman, 123 Kan. 207, 254 P. 397. 8. Sufficiency of declaration of necessity by governing body considered. Palmer v. Munro, 123 Kan. 387, 255 P. 67. 9. Time for withdrawal of names from protest considered. Bentley v. Gunn, 125 Kan. 784, 266 P. 28. 10. Petition of property owners examined and held sufficient. Riley v. City of Wellington, 130 Kan. 66, 285 P. 569. 11. "Shall" construed to mean "may." Bock v. Stack, 132 Kan. 533, 296 P. 357. 12. City has implied power to pass ordinance changing name of streets. Brown v. City of Topeka, 146 Kan. 974, 977, 74 P.2d 142. 13. Proceedings reviewed; resolutions and ordinance held sufficient; school board not "resident owner" of property; city property included in benefit district; protest petition insufficient. Horejsi v. City of Holyrood, 171 Kan. 190, 192, 194, 195, 231 P.2d 215. 14. Cited; drainage system construction held exercise of city's governmental functions. Perry v. City of Wichita, 174 Kan. 264, 270, 255 P.2d 667. 15. Discussed in holding off street parking act (K.S.A. 13-1388 through 13-1391) constitutional. State, ex rel., v. City of Topeka, 176 Kan. 240, 247, 270 P.2d 270. 16. Construed; city liable for entire cost of improvement, when. Overholt v. City of Ellinwood, 176 Kan. 330, 333, 270 P.2d 213. 17. Taxpayer must be resident owner of real property to be proper protester. Baker v. City of Leoti, 179 Kan. 122, 126, 292 P.2d 720. 18. Phrase "two or more adjacent blocks" construed. Berndt v. City of Ottawa, 179 Kan. 749, 750, 751, 752, 298 P.2d 230. 19. Mentioned; word "block" as used in K.S.A. 13-1602a defined (dissenting opinion). State, ex rel., v. City of Kansas City, 181 Kan. 870, 880, 881, 317 P.2d 806. 20. Date when sufficiency of petition or protest determinable determined. Shaw v. City of WaKeeney, 187 Kan. 301, 303, 304, 305, 306, 307, 356 P.2d 832. 21. "Intersection" includes "T" intersection; cost of paving chargeable to city at large. Dodson v. City of Ulysses, 219 Kan. 418, 426, 549 P.2d 430. 22. Provision requiring only publication notice involved no deprivation of property rights; due process not offended. Dodson v. City of Ulysses, 219 Kan. 418, 420, 425, 426, 549 P.2d 430. 23. Both resolution and petition method require comparison of persons or area in two adjoining block segments regardless of project size. Barrows v. City of Ness City, 9 Kan. App. 2d 225, 228, 676 P.2d 1285 (1984). 24. City initiated projects by both resolution and petition of resident owners; procedure considered; sufficiency of protest. Barrows v. City of Ness City, 235 Kan. 818, 820, 821, 822, 824, 683 P.2d 1267 (1984).

K.S.A. 12-603 Intervening street connections.

12-603. Intervening street connections. Whenever any adjoining parallel streets or alleys in the city shall have been graded, guttered, curbed, paved, or macadamized, the governing body may, when they deem it necessary, grade, gutter, curb, pave or macadamize any intervening connecting street or alley, or portion thereof; and in all cases when two or more portions of any street or alley have been graded, guttered, curbed, paved, or macadamized, and intervening portions of said street or alley have not been graded, guttered, curbed, paved, or macadamized, the governing body may by resolution cause the intervening portion to be graded, guttered, curbed, paved or macadamized not to exceed two blocks, and levy special assessments to pay for the same, regardless of any protests of the property owners affected thereby. R.S. 1923, § 12-603; December 27. Source or prior law: L. 1899, ch. 81, § 2; L. 1903, ch. 122, § 147; L. 1911, ch. 123, § 1. Cross References to Related Sections: Similar provisions embodied in 13-1011. CASE ANNOTATIONS 1. Authority of city to pave regardless of protest considered. Bailey v. City of Wichita, 108 Kan. 282, 283, 194 P. 928. Modified: 108 Kan. 854, 196 P. 1070. 2. Connecting improvement may begin at end of other improvement. Milling Co. v. Junction City, 98 Kan. 253, 254, 157 P. 1174. 3. Statute not unconstitutional, although it amends other laws by implication. Milling Co. v. Junction City, 98 Kan. 253, 255, 157 P. 1174. 4. City officers proceeding lawfully cannot be interfered with by injunction. Fairchild v. City of Holton, 101 Kan. 330, 333, 166 P. 503. 5. Authority of city officers under this section fully considered. Fairchild v. City of Holton, 101 Kan. 330, 333 166 P. 503. 6. City may pave intervening portion regardless of protests. Bailey v. City of Wichita, 108 Kan. 282, 284, 194 P. 928. Modified: Bailey v. City of Wichita, 108 Kan. 854, 196 P. 1070. 7. City has implied power to pass ordinance changing name of streets. Brown v. City of Topeka, 146 Kan. 974, 977, 74 P.2d 142. 8. Strip of land between vacated street and open street not intersection. Babb v. City of Wichita, 175 Kan. 148, 152, 259 P.2d 581. 9. K.S.A. 12-602 requires comparison of persons or area in two adjoining block segments by either resolution or petition method. Barrows v. City of Ness City, 9 Kan. App. 2d 225, 228, 676 P.2d 1285 (1984); 235 Kan. 818, 683 P.2d 1267 (1984).

K.S.A. 12-604 State or federal lands.

12-604. State or federal lands. Whenever any lands owned by the state of Kansas or the government of the United States are situated within the corporate limits of any city, and such city desires to grade or regrade, pave or repave, curb or recurb, or gutter or regutter the streets, avenues or alleys adjacent to such lands, it may proceed to do so under the laws in force in reference to grading or regrading, paving or repaving, curbing or recurbing, or guttering or reguttering streets, avenues or alleys in such cities; and such cities are hereby authorized and empowered for the purpose of grading or regrading, paving or repaving, curbing or recurbing, or guttering or reguttering the one-half street, avenue or alley adjacent to said lands, or the entire street, avenue or alley in case the adjacent lands on both sides of said street, avenue or alley are owned by the state of Kansas or the government of the United States, to contract for the grading or regrading, paving or repaving, curbing or recurbing, or guttering or reguttering and pay for the same in the manner that they contract and pay for the grading or regrading, paving or repaving, curbing or recurbing, or guttering or reguttering the intersections of streets, avenues or alleys. R.S. 1923, § 12-604; December 27.

K.S.A. 12-605 Grading districts; block assessments.

12-605. Grading districts; block assessments. In all cases where grading is to be done, the entire distance to be graded shall constitute the grading district, but for all paving, repaving, macadamizing, remacadamizing, curbing, recurbing, guttering and reguttering of streets, avenues and alleys, the special assessments shall be made for the full cost thereof on each block separately. R.S. 1923, § 12-605; December 27. Source or prior law: L. 1903, ch. 122, § 144; L. 1903, ch. 35, § 1 (Special Session). CASE ANNOTATIONS 1. Assessments held properly levied upon land within the block. Mason v. Kansas City, 103 Kan. 275, 278, 173 P. 535. 2. Apportionment of assessments; block regarded as unit. Railway Co. v. City of Topeka, 103 Kan. 897, 900, 176 P. 642. 3. Division of block into lots; when block regarded platted ground. Railway Co. v. City of Topeka, 103 Kan. 897, 900, 176 P. 642. 4. Division of cost of repaving street considered. Weigand v. City of Wichita, 111 Kan. 455, 456, 207 P. 651. 5. Payment of cost of paving intersections considered; repaving. Weigand v. City of Wichita, 111 Kan. 455, 456, 207 P. 651. 6. When ordinance silent, presumed appraisements and assessments follow statute. Grecian v. Hill City, 123 Kan. 542, 549, 256 P. 163.

K.S.A. 12-606 Assessments against unplatted or partially platted lands; extent of benefit district.

12-606. Assessments against unplatted or partially platted lands; extent of benefit district. Where any of the improvements specified in this act are to be made upon streets or avenues, and the pieces of land abutting on such improvement shall not be divided into lots or blocks, the assessments for such improvement shall be made on the piece or pieces of ground adjoining such improvement or through which the same may be located to the distance of 300 feet from the street or avenue upon which such improvements are made extending along the street or avenue the distance improved or to be improved: Provided, That where the street or avenue to be improved runs partially through platted ground and partially through unplatted ground, the assessments for the payment of the cost of the construction of the improvement on the street or avenue running through the unplatted ground shall be levied on the lots and pieces of ground along said street or avenue on either side thereof, to the same distance on either side of said street or avenue as the levy is made where the street or avenue to be improved runs through platted ground: Provided, That in no case shall the benefit district extend more than half way to the street or public highway parallel with and next to the public ground to be improved. R.S. 1923, § 12-606; December 27. Source or prior law: L. 1903, ch. 122, § 146; L. 1913, ch. 119, § 1. Law Review and Bar Journal References: Survey of law of tax foreclosure sale, Leslie T. Tupy, 12 K.L.R. 339 (1963). CASE ANNOTATIONS 1. Paving through platted and unplatted ground; apportionment of assessments. Watts v. City of Winfield, 101 Kan. 470, 168 P. 319. 2. Lots not abutting on improved street may be assessed. Watts v. City of Winfield, 101 Kan. 470, 471, 168 P. 319. 3. Assessment where street bounded on one side by river considered. Atchison, T.&S.F. Rly. Co. v. City of Kingman, 122 Kan. 504, 506, 252 P. 220. 4. Mentioned in defining word "block" as used in K.S.A. 12-601. Wilson v. City of Topeka, 168 Kan. 236, 240, 212 P.2d 218. 5. Assessments cannot be levied deeper on unplatted cemetery lands than on lots on other side of street. Mount Hope Cemetery Co. v. City of Topeka, 190 Kan. 702, 703, 704, 705, 708, 378 P.2d 30. 6. Where unplatted tract cannot be considered a "block" under K.S.A. 12-601, assessment should be levied in accordance with first proviso hereof. Mai v. City of Topeka, 191 Kan. 589, 590, 592, 593, 596, 383 P.2d 553. 7. Application of section; terms "platted ground" and "block" considered. Colorado Oil & Gas Corp. v. City of Topeka, 196 Kan. 337, 338, 339, 340, 342, 344, 411 P.2d 586. 8. Referred to in construing K.S.A. 13-10,115; creation of "fictional block" unlawful; assessment of intersection unreasonable and arbitrary. Bell v. City of Topeka, 220 Kan. 405, 416, 553 P.2d 331.

K.S.A. 12-607 Alleys; connecting alleys.

12-607. Alleys; connecting alleys. Any alley may be graded or regraded, paved or repaved in the same manner as provided for the grading or regrading, paving or repaving of a street or avenue. The governing body may, when they deem it necessary, grade or regrade and pave or repave any intervening alley connecting two streets or avenues which are paved. R.S. 1923, § 12-607; December 27. Source or prior law: L. 1891, ch. 73, § 8.

K.S.A. 12-608 Levy of special assessments; hearing of complaints; ordinance; payment of bonds; limitation on action to set aside assessments.

12-608. Levy of special assessments; hearing of complaints; ordinance; payment of bonds; limitation on action to set aside assessments. As soon as the cost of such improvement is determined, the governing body shall determine and assess to each lot or parcel of ground liable for such special assessment the amount to be paid thereon, which amount shall be determined by the assessed value of the lots and pieces of land without regard to the buildings or improvements thereon, which value shall be ascertained by three disinterested appraisers appointed by the mayor and confirmed by the council or commission. It shall be the duty of said appraisers, within five days after being notified of their appointment, to proceed to appraise such lots and pieces of land as may be designated by the council or commission, after having taken and subscribed an oath to make a true and impartial appraisement, which appraisement shall be returned to the city council or commission at its first meeting after the same shall have been completed. When said appraisement is returned and filed with the clerk, the governing body shall appoint a time for holding a special session to hear any complaint that may be made as to the valuation of any lot or piece of land appraised as aforesaid, a notice of which special session shall be given by the mayor in the official city paper; and said governing body at said special session may alter the valuation of any lot or piece of land, if in their opinion the same has been appraised too high or too low. The governing body shall immediately thereafter enact and publish an ordinance which shall hold good for all the installments, fixing said assessment hereinbefore provided, as to each lot or parcel of ground. The city clerk of such city shall mail a written notice to the owner of each lot or parcel of ground stating the amount levied against the same. The amounts levied against each lot or parcel of ground to pay for the bonds falling due in each year, and the interest due shall be levied and collected the same as other taxes. No suit to set aside the said assessments shall be brought after the expiration of thirty days from the publication of the ordinance fixing said assessments. R.S. 1923, § 12-608; December 27. Source or prior law: L. 1891, ch. 73, § 9. Law Review and Bar Journal References: Special assessment problems discussed in 1959-61 survey of Kansas law, Albert B. Martin, 10 K.L.R. 259, 264 (1961). Survey of constitutional and administrative law, Edward Larson, 10 K.L.R. 155 (1961). Mentioned in survey of law of municipal corporations, Albert B. Martin, 12 K.L.R. 290 (1963). Attorney General's Opinions: Taxation; collection and cancellation of taxes; action for debt to collect taxes. 85-5. CASE ANNOTATIONS 1. Limitation does not apply to void assessments. Steinmuller v. Kansas City, 3 Kan. App. 45, 50, 44 P. 600. 2. Limitation of thirty days held valid under former law. Kansas City v. Trotter, 9 Kan. App. 222, 225, 59 P. 679. 3. Provision as to appraisers does not relate to construction of sewers. St. Louis-S. F. Rly. Co. v. City of Pleasanton, 121 Kan. 559, 561, 247 P. 447. 4. Cited in sustaining demurrer to petition to enjoin collection of taxes. Schenk v. Kansas City, 134 Kan. 181, 184, 5 P.2d 842. 5. Time limitation applied in action to enjoin special assessments for sewers. Addis v. Kansas City, 143 Kan. 25, 27, 53 P.2d 809. 6. Section provides due process of law; constitutional. Newson v. City of Wichita, 186 Kan. 444, 447, 450, 451, 453, 351 P.2d 10. 7. Construed with K.S.A. 13-1013; sewer cost assessed on basis of value of property involved proper. Koerner v. City of Wichita, 190 Kan. 663, 664, 665, 378 P.2d 42. 8. Appraisers appointed hereunder fixed values purely on a square-footage basis solely based on zoning; results were unreasonable, unjust and arbitrary assessment on certain lands. Strickland v. City of Wichita, 203 Kan. 954, 956, 958, 457 P.2d 162. 9. Section contemplates assessments will be apportioned according to value of land; substantial departure, assessment invalid. Dodson v. City of Ulysses, 219 Kan. 418, 420, 425, 549 P.2d 430.

K.S.A. 12-609 Guaranty by contractor for maintenance and repair.

12-609. Guaranty by contractor for maintenance and repair. The governing body shall have power to provide, in any contract made by them for curbing, guttering or paving any street or alley, that the contractor shall guarantee to maintain and repair the same for such time as the governing body shall deem proper, and no special assessment shall be affected or invalidated on account of such guaranty. R.S. 1923, § 12-609; December 27. Source or prior law: L. 1899, ch. 81, § 3; L. 1903, ch. 122, § 148. CASE ANNOTATIONS 1. Repaving street; contract to keep in repair; authority of city. Rohr v. City of Leavenworth, 101 Kan. 222, 165 P. 823. 2. Method of defraying expense of keeping pavement in repair considered. Rohr v. City of Leavenworth, 101 Kan. 222, 165 P. 823.

K.S.A. 12-610 Application and scope of preceding sections.

12-610. Application and scope of preceding sections. The preceding sections relating to grading, regrading, paving, repaving, curbing, recurbing, guttering, reguttering, macadamizing or remacadamizing, or otherwise improving any street, avenue, or alley shall govern in the making of all such improvements in all cities, except where different provisions are specifically provided by law, in which case the specific provisions shall control only so far as they conflict with the preceding sections. R.S. 1923, § 12-610; December 27.

K.S.A. 12-612 Improvements by railway companies; liens; assessments.

12-612. Improvements by railway companies; liens; assessments. When any street railway, interurban or other railway company is required to pave, grade, repave, drain or repair any street or alley of any city, or any part thereof, used or occupied by said railroad or railway company, the cost thereof shall be a lien upon the property and franchises of the company within said city, and shall be assessed, taxed and collected like other taxes: Provided, That said railway company shall have the privilege of paying for said assessments upon the same terms and conditions given by statute to abutting property owners assessed for similar purposes. L. 1917, ch. 253, § 1; May 26; R.S. 1923, § 12-612.

K.S.A. 12-612a Improvement of railroad right-of-ways leased to city for street purposes; bonds; protest petitions; election.

12-612a. Improvement of railroad right-of-ways leased to city for street purposes; bonds; protest petitions; election. Whenever a railroad company has leased to a city, for a term of 25 years or, a portion of the company's right-of-way to be used for street purposes, at a nominal cash rental but with the terms of the lease providing that no special assessments for street improvements shall be levied or assessed against the lessor or against the property owned by the lessor which is adjacent to the leased premises, the governing body of such city may, by ordinance, declare it necessary to improve the property so leased as a business thoroughfare and cause the property so leased to be graded, curbed, guttered, paved, macadamized, regraded, recurbed, reguttered or remacadamized. The cost of such improvement shall be borne by the city as a whole and shall be paid by the issuance of general improvement bonds of the city according to law. Before the improvement is made, the ordinance shall be published once each week for two consecutive weeks in the official city paper. If, within 20 days after the ordinance is published, there is filed with the city clerk a protest signed by qualified electors of the city equal in number to not less than 10% of the qualified electors of the city who voted for the office of mayor at the last election at which a mayor was elected, the improvement shall not be made nor bonds issued unless the governing body calls an election within the time and manner provided by K.S.A. 10-120 , and amendments thereto. If at such election the proposition receives the favorable vote of a majority of the votes cast on the proposition, the improvement may be made and bonds issued therefor. The ordinance declaring it necessary to improve the property as a business thoroughfare shall contain a statement relating to the provision for protest. L. 1951, ch. 147, § 1; L. 1981, ch. 173, § 13; July 1.

K.S.A. 12-614 Resurfacing and repair of paved streets; bonds; protest petition; election.

12-614. Resurfacing and repair of paved streets; bonds; protest petition; election. Whenever the governing body of any incorporated city shall deem it necessary to resurface or repair any paved street or any portion thereof, which paved street was originally curbed, guttered and a base and surfacing constructed in accordance with specifications; and the surfacing of such paved street by reason of the wear and tear of traffic is in a condition which requires repairing or resurfacing in order to preserve the base of same and to provide a reasonably smooth wearing surface the same may be ordered by resolution and shall be done at the expense of the city and the payment of the cost of such resurfacing or repairing may be made by the issuance of improvement bonds of the city. Such bonds shall be made payable at such time as the governing body shall provide by ordinance and the credit of such city shall be pledged to the payment thereof: Provided, Before such bonds shall be issued and the work begun under the provisions of this act, the resolution determining the necessity therefor shall be published once each week on the same day of the week for two (2) consecutive weeks in the official city newspaper. Such resolution shall declare the necessity for and the intention of the governing body to make such improvement and shall describe in general terms the improvement to be made, the estimated cost thereof and shall designate the street or portion thereof to be improved. If within thirty (30) days after the last publication of said resolution there shall be filed in the office of the city clerk, not later than 5:00 p.m. on the last day, a protest signed by qualified electors equal in number to not less than ten percent (10%) of the electors who voted at the last preceding regular city election as shown by the poll books, an election shall be called and held within ninety (90) days after the last publication of said resolution or at the next regular city election if held within that time. Such election shall be called and held in the manner provided by law for bond elections. If no protest or an insufficient protest is filed or if an election is held and the proposition carries by a majority of those voting thereon, the governing body may provide for the improvement. L. 1923, ch. 99, § 1; R.S. 1923, § 12-614; L. 1965, ch. 91, § 1; June 30. Cross References to Related Sections: Bonds legalized, see L. 1927, ch. 137. CASE ANNOTATIONS 1. Proceedings for street improvements held not to conform to this section. Bentley v. Gunn, 125 Kan. 784, 787, 266 P. 28.

K.S.A. 12-615 Resurfacing and repair of paved streets; bonds; tax levy.

12-615. Resurfacing and repair of paved streets; bonds; tax levy. The bonds herein provided for shall not be issued in an amount in excess of the cost of such work or improvements. Each bond shall specify the date of its separate maturity and shall be in the denominations determined by the authority issuing the same. The governing body shall annually levy a general tax on all the property in the city to pay the interest and installments on such bonds. L. 1923, ch. 99, § 2; R.S. 1923, § 12-615; L. 1983, ch. 49, § 42; May 12.

K.S.A. 12-616 Same; construction.

12-616. Same; construction. This act shall not repeal any law granting authority to cities to make improvements but shall be in addition to such power. L. 1923, ch. 99, § 3; June 9; R.S. 1923, § 12-616.

K.S.A. 12-617 Taxing districts in cities of less than 80,000 population; ordinance.

12-617. Taxing districts in cities of less than 80,000 population; ordinance. For the purpose of providing for the expenses of sewerage and drainage, the governing body of any city having a population of less than 80,000 may by ordinance, divide such city into such number of taxing districts as they may deem best. L. 1909, ch. 90, § 1; R.S. 1923, § 12-617; L. 1927, ch. 98, § 1; March 2. Source or prior law: L. 1887, ch. 102, § 1; L. 1907, ch. 131, § 1. CASE ANNOTATIONS 1. Discharging sewer outside sewer district not chargeable to district. City of Fort Scott v. Kaufman, 44 Kan. 137, 140, 24 P. 64. 2. Effect of section upon restraining the collection of assessments considered. Lynch v. Kansas City, 44 Kan. 452, 455, 24 P. 973. 3. Proceedings under this section do not require resolution. St. Louis-S. F. Rly. Co. v. City of Pleasanton, 121 Kan. 559, 560, 247 P. 447. 4. Fixing of boundaries of sewer district to omit certain lots is in discretion of city. Botts v. City of Valley Center, 124 Kan. 9, 12, 257 P. 266. 5. Action to enjoin collection of assessments upon property in district created hereunder. Schulenberg v. City of Reading, 196 Kan. 43, 410 P.2d 324.

K.S.A. 12-618 Taxing districts in cities of less than 80,000 population; systems; assessments or bonds; alteration of boundaries; reassessment of costs and expenses; time for suit or injunction.

12-618. Taxing districts in cities of less than 80,000 population; systems; assessments or bonds; alteration of boundaries; reassessment of costs and expenses; time for suit or injunction. The governing body of such city shall have power to provide for one or more systems of sewerage, or drainage, or both, for such city, or for any part thereof, with one or more main sewers or drains and sewer or drains outlets, and to build, construct or purchase pumping stations, sewers, sewer service lines and drains by districts or otherwise, as the governing body may determine. In the case of sewer service lines constructed on private property, nothing in this act shall require the city to clean, maintain or replace such lines after the initial purchase or construction thereof. The costs and expenses of constructing or purchasing the said pumping stations, sewers, sewer service lines and drains, except as provided in K.S.A. 12-619 , shall be assessed against the lots and pieces of ground contained within the district in which the same is situated, and shall be levied and collected as one tax, in addition to the other taxes and assessments, and shall be certified by the city clerk to the county clerk and be placed by him or her upon the tax roll for collection, subject to the same penalties, entitled to the same rebates and collected in the same manner as other taxes. Where any property has paid or shall pay its full proportion for pumping stations, general sewers or drains in one district it shall not be transferred to another district and thereby be made liable for taxation for pumping stations, sewers and drains in such other district. The governing body may in their discretion provide for the payment of the costs thereof by installments, instead of levying the entire tax or special assessment for such cost at one time; and for such installments they may issue improvement bonds of the city in the manner provided by law. Where the governing body of any city has not or may not divide such city into more than one district for sewer purposes, and such entire city thus constitutes one sewer district, such cities are hereby exempted from the provisions of this act insofar as the same provides for the levying of a tax or assessment against specific lots and pieces of ground in separate sewer districts, and such cities are hereby authorized to build and construct sewers and sewer systems, and for the purpose of paying for the same the governing body may issue general obligation bonds as provided by law. The governing body of any such city which is located in a county having a population of less than one hundred eighty-five thousand (185,000) or more than two hundred thousand (200,000) may, by resolution: (1) Alter the boundaries of any district so as to include property which has been annexed subsequent to the creation of such district if such property is within the same watershed and will be served by the main sewer serving such district; and (2) reapportion and reassess, on the same basis as the original assessment, that portion of the costs and expenses incurred in the construction of sewer mains within such district which were assessed within the district prior to the passage of such resolution, and which remain unpaid, among all lots and pieces of ground within the district, including those added thereto by such resolution, and which receive benefits from such sewers. No suit to set aside the special assessments herein provided for or to enjoin the making of the same shall be brought, nor any defense to the validity thereof be allowed, after the expiration of thirty (30) days from the time when the amount due on each lot or piece of ground liable for such assessment is ascertained. R.S. 1923, § 12-618; L. 1955, ch. 77, § 1; L. 1967, ch. 84, § 1; L. 1975, ch. 57, § 1; July 1. Source or prior law: L. 1887, ch. 102, § 2; L. 1889, ch. 100, § 1; L. 1889, ch. 230, § 1; L. 1907, ch. 131, § 2; L. 1909, ch. 90, § 2; L. 1911, ch. 124, § 1; L. 1921, ch. 141, § 1. Cross References to Related Sections: Additional bonds for sewers outside city, see 12-624. Contracts with sewerage corporations, see 17-624. CASE ANNOTATIONS 1. Assessments against land owned by railroad company considered; collection. A.T.& S.F. Rld. Co. v. Peterson, 5 Kan. App. 103, 104, 48 P. 877. 2. Amount due is ascertained when ordinance levying assessment is published. Hoffmeyer v. Reed, 88 Kan. 363, 366, 128 P. 383. 3. Publication of ordinance, when deemed complete; issue of newspaper delayed. Hoffmeyer v. Reed, 88 Kan. 363, 366, 128 P. 383. 4. Compensation not a condition precedent; damages may be assessed later. Railway Co. v. City of Hiawatha, 95 Kan. 471, 148 P. 744. 5. Bonds at 5 percent; ordinance levying assessment with 7 percent; bonds valid. City of Pratt v. Davis, 97 Kan. 598, 155 P. 936. 6. Time for attacking assessments expired; auditor required to register bonds. City of Pratt v. Davis, 97 Kan. 598, 155 P. 936. 7. Limitation herein amendatory of and supplemental to code of procedure. Hannon v. United Workmen, 99 Kan. 734, 736, 163 P. 169. 8. Thirty-day limitation does not apply where assessment is entirely illegal. Randall v. Arkansas City, 114 Kan. 178, 217 P. 298. 9. Action to enjoin collection of special assessments against school property; creation of districts hereunder considered; assessments held unreasonable and discriminatory. Schulenberg v. City of Reading, 196 Kan. 43, 44, 45, 46, 47, 49, 53, 410 P.2d 324. 10. Plan for apportioning costs incurred hereunder must result in an assessment in proportion to benefits accruing. Mullins v. City of El Dorado, 200 Kan. 336, 337, 340, 343, 436 P.2d 837.

K.S.A. 12-619 Cost of main sewers, how determined; ordinance; lands not subject to assessment.

12-619. Cost of main sewers, how determined; ordinance; lands not subject to assessment. If the estimated cost of the main sewer or drain of said system now or hereafter constructed shall be relatively large as compared with the estimated cost of the lateral sewers or drains tributary thereto, or if the said main sewer or drain shall be so located that it will or may receive the sewage or drainage from two or more districts, the governing body shall have power to pass an ordinance providing that the cost of such main sewer or drain below a certain designated point shall be borne by the city and paid in the manner provided in K.S.A. 12-624 for the payment of the cost of main sewers and drains now or hereafter constructed beyond the corporate limits of the city. If the said main sewer or drain shall be so located that it will or may receive the sewage or drainage from two or more districts, the governing body shall have power to pass an ordinance providing that the cost of such sewer or drain below a certain designated point shall be divided among the said districts as nearly as possible in proportion to the benefits which the respective districts will eventually receive from the use of the said sewer drain, and that the proportion of the cost assigned to each district shall be assessed against that district in the manner provided by law: Provided, That the said ordinance shall state the point in the line of the main sewer or drain below which the provisions of this section shall apply, shall describe the proposed location of the said main sewer or drain from the said point to the outlet of the same or to the city limits, and shall state the manner of payment of the cost of the said main sewer or drain, whether by the city or by the tributary districts, and if by the tributary districts shall fix the proportion of the cost to be assessed against said district: Provided further, That any land within the corporate limits of any city which land is served by county or township sewers shall not be subject to assessment as herein provided. R.S. 1923, § 12-619; L. 1955, ch. 78, § 1; L. 1965, ch. 92, § 1; May 14. Source or prior law: L. 1909, ch. 90, § 3. CASE ANNOTATIONS 1. Discussed; Laws 1945, chapter 179 (K.S.A. 19-2731 through 19-2752), relating to sewer districts valid; general legislation. Johnson County Comm'rs v. Robb, 161 Kan. 683, 694, 171 P.2d 784. 2. Plan for apportioning costs of constructing sewer improvement held valid. Mullins v. City of El Dorado, 200 Kan. 336, 347, 349, 436 P.2d 837. 3. Whether general improvements and assessment law (K.S.A. 12-6a01 et seq.) is restricted to local projects only when objective is less than citywide in scope examined. Davis v. City of Leawood, 257 Kan. 512, 533, 893 P.2d 512 (1995).

K.S.A. 12-620 Same; sewers in highways or across vacant lots.

12-620. Same; sewers in highways or across vacant lots. The governing body of any such city shall have power to construct sewers or drains through, under, across or along any street, alley or public highway, and may construct such sewers or drains across any vacant lot upon leaving the same in as good condition as such lot was in before the construction of such sewers or drains. L. 1909, ch. 90, § 4; March 30; R.S. 1923, § 12-620. Source or prior law: L. 1887, ch. 102, § 5. Law Review and Bar Journal References: Section does not authorize a city to lay a sewer line in the middle of a county road outside the city limits, 31 J.B.A.K. 2 (1962)[citing a 1962 opinion of the attorney general].

K.S.A. 12-621 Same; sewage disposal works; costs and expenses; general obligation bonds, when; limitations; election upon petition.

12-621. Same; sewage disposal works; costs and expenses; general obligation bonds, when; limitations; election upon petition. The governing body of any such city may operate and maintain disposal works for the purification of the sewage of the city, or of any part thereof. The costs and expenses of building the same shall be borne by the city as a whole, and may be paid out of the general revenue fund; or if the governing body determines, general obligation bonds of the city may be issued therefor in any sum not exceeding three hundred thousand dollars ($300,000) for such purpose, except that in any city located within a county having a population of more than one hundred eighty thousand (180,000) and less than two hundred thousand (200,000), bonds for such purpose may not be issued in any sum exceeding one hundred thousand dollars ($100,000). Such bonds may be issued in addition to the limit of bonded indebtedness of such cities as defined by statute, except that no bonds may be issued under the provisions of this section in excess of one hundred thousand dollars ($100,000) if, within thirty (30) days of the passage of a resolution authorizing the issuance of such bonds, a petition in opposition to such issuance, signed by not less than two percent (2%) of the qualified electors in such city, is filed with the governing body of such city. If such petition is filed within the prescribed time, no such bonds may be issued unless a majority of the qualified electors approve such levy at the next primary or general election. R.S. 1923, § 12-621; L. 1929, ch. 111, § 1; L. 1931, ch. 108, § 1; L. 1955, ch. 79, § 2; L. 1965, ch. 92, § 2; L. 1966, ch. 3, § 1 (Special Session); L. 1975, ch. 58, § 1; April 24. Source or prior law: L. 1909, ch. 90, § 5; L. 1921, ch. 95, § 1. CASE ANNOTATIONS 1. Contract between third-class city and second-class city for sewage disposal upheld. City of North Newton v. Regier, 152 Kan. 434, 436, 103 P.2d 873.

K.S.A. 12-622 Same; sewers and drains outside city; eminent domain.

12-622. Same; sewers and drains outside city; eminent domain. The governing body of any such city shall have power and authority to construct and maintain sewers and drains, with the appurtenances thereof, from the corporate limits of the said city to a connection with any creek, ravine, or river within five miles thereof, and to build, extend, operate and maintain disposal works for the purification of sewage at any point along or near the line of such sewers or drains; and for this purpose the right of eminent domain is hereby granted to such cities. L. 1909, ch. 90, § 6; March 30; R.S. 1923, § 12-622. Source or prior law: L. 1887, ch. 102, § 3; L. 1907, ch. 131, § 3. CASE ANNOTATIONS 1. Contract between third-class city and second-class city for sewage disposal upheld. City of North Newton v. Regier, 152 Kan. 434, 436, 103 P.2d 873.

K.S.A. 12-623 Same; acquisition of land.

12-623. Same; acquisition of land. Whenever the governing body of any such city shall determine to lay off and condemn a right-of-way from the corporate limits of such city to such point on such creek, ravine or river, and to construct sewers or drains, or to build or extend disposal works, as provided herein, the governing body may proceed to condemn the necessary lands or rights-of-way: Provided, Any person through whose lands such sewers or drains may be constructed, or upon whose lands such disposal works may be built, or who would be otherwise damaged, may give consent thereto in writing, and such writing, without formal acknowledgment, may be recorded in the office of the register of deeds of the proper county, and thenceforth the city shall have the same right to construct such sewers or drains and to build and operate such disposal works as though such lands had been formally condemned. R.S. 1923, § 12-623; December 27. Source or prior law: L. 1887, ch. 102, § 4; L. 1907, ch. 131, § 4; L. 1909, ch. 90, § 7.

K.S.A. 12-624 Cost of main sewers, how determined; costs, how borne; bonds, limitation.

12-624. Cost of main sewers, how determined; costs, how borne; bonds, limitation. All costs and expenses occasioned by the acquisition of a right-of-way either by purchase or condemnation and by the construction of sewers and drains and disposal works beyond the corporate limits of said city shall be borne by the city as a whole and shall be paid out of the general revenue fund or by the issue of improvement bonds of the city as the governing body may determine, in the manner provided by law. Bonds to pay the costs of right-of-way and the construction of sewers and drains beyond the corporate limits of the city may be issued in addition to the one hundred thousand dollars ($100,000) authorized by K.S.A. 12-621 for the construction of disposal works and that such additional bonds may be issued in addition to the limit of bonded indebtedness of such cities as defined by statutes. R.S. 1923, § 12-624; L. 1976, ch. 71, § 1; July 1. Source or prior law: L. 1887, ch. 102, § 6; L. 1907, ch. 131, § 5; L. 1909, ch. 90, § 8; L. 1917, ch. 88, § 1. CASE ANNOTATIONS 1. City cannot levy special assessment under this section. Randall v. Arkansas City, 114 Kan. 178, 180, 217 P. 298.

K.S.A. 12-626 Construction of pumping stations.

12-626. Construction of pumping stations. Whenever, in the judgment of the governing body of any city in the state of Kansas, in the construction, maintenance and operation of its sewer system, whether it be a part of its sanitary sewer system, storm sewer system, or a combination of both, that on account of elevation, dike, or any other reason, it is impracticable, or too expensive, to excavate in connection with such sewer or intercepting sewer with another sewer district, or intercepting sewer, or in order to provide an outlet of any kind for the sewage of such sewer or intercepting sewer district, whether such sewers be sanitary sewers, storm sewers, or a combination of both, the governing body of such city is hereby empowered to construct a pumping station for the purpose of pumping such sewage of such sewer or intercepting sewer to some other sewer district in said city over any elevation, dike or other obstruction in order to conduct the sewage thereof to a point of outlet, whether such outlet be an intercepting sewer, another main sewer district, a sewage disposal plant, or a stream. L. 1915, ch. 129, § 1; R.S. 1923, § 12-626; L. 1945, ch. 94, § 1; March 30.

K.S.A. 12-627 Same; approval of plans.

12-627. Same; approval of plans. Before any such pumping plant shall be constructed the plans and specifications of such pumping station shall first be submitted to the secretary of health and environment of the state of Kansas and be approved by such secretary. L. 1915, ch. 129, § 2; R.S. 1923, § 12-627; L. 1975, ch. 462, § 1; July 1.

K.S.A. 12-628 Same; costs; bonds.

12-628. Same; costs; bonds. The cost of construction of such pumping station may be paid from the general fund of such city, or if there be not sufficient money in such fund such city is hereby authorized to issue improvement bonds for the payment thereof to an amount not to exceed the actual cost of said pumping plant. The bonds issued under this act shall be issued as provided by law. R.S. 1923, § 12-628; December 27. Source or prior law: L. 1915, ch. 129, § 3.

K.S.A. 12-629 Same; bond limitations inapplicable.

12-629. Same; bond limitations inapplicable. None of the restrictions and limitations contained in any of the statutes of the state of Kansas heretofore enacted shall apply to, or in any way affect the issuance of the bonds authorized by this act, or the bonds so issued. L. 1915, ch. 129, § 4; March 16; R.S. 1923, § 12-629. CASE ANNOTATIONS 1. No actual appropriation; owner not entitled to prospective or anticipated damages. Loomis v. City of Augusta, 151 Kan. 343, 345, 348, 99 P.2d 988.

K.S.A. 12-630a Bonds for sewage treatment and disposal works; election; service charges; tax levy.

12-630a. Bonds for sewage treatment and disposal works; election; service charges; tax levy. The governing body of any city may provide for one or more systems of works within or without the city for the treatment and disposal of the sewage of the city or of any part thereof and sewage from premises without the city when discharged into the sewer system of the city as authorized by law and may require land and easements and build, rebuild, enlarge, improve, repair, maintain, and operate the same, and for the purpose of building, rebuilding, enlarging, or improving such work or works, or making such extensive repairs as cannot be financed out of current funds, may pay for the same out of the general revenue fund or may issue bonds, which bonds shall not be included in the limit of bonded indebtedness of the city as defined by statutes: Provided, That no issue of bonds shall be made until authorized by a majority of the votes cast on the proposition at an election called and held as provided by the general bond law. Such bonds may be general obligation bonds of the city payable by a general tax, or if the city is authorized by statute to make service charges for the disposal of sewage, the bonds may be made payable out of the revenue therefrom in which case the city shall thereafter make such charges as are necessary to pay the interest on such bonds and to pay the bonds as they mature, or the bonds may be made payable partly by tax levy and partly by such service charges. The cost of operation, maintenance and ordinary repair may be paid by the tax authorized by statute or from service charges as authorized by statute or by both sources of revenue. Sewage disposal works as used herein includes sewage disposal plant, necessary sewers and drains from existing outlets to the plant and from the plant to a creek, ravine or river into which the treated sewage may be drained, necessary pumping plants, force mains and appurtenances necessary to a complete disposal works for the treatment and disposal of sewage. L. 1947, ch. 130, § 1; April 18. Law Review and Bar Journal References: "Municipal Borrowing in Kansas," Fred W. Rausch, Jr., 10 K.L.R. 515, 518 (1962). CASE ANNOTATIONS 1. Section not exclusive authority for issuing bonds for sewage plant. City of Horton v. Robb, 173 Kan. 398, 401, 246 P.2d 253.

K.S.A. 12-631 Ordinance requiring certain property owners to make sewer connections; costs; no-fund warrants, when; tax levies.

12-631. Ordinance requiring certain property owners to make sewer connections; costs; no-fund warrants, when; tax levies. Any city may in the manner hereinafter provided by ordinance require persons and property owners owning buildings within such city, which buildings are, or shall be located near a sewer, or in a block within any sewer district in said city through which a sewer extends, to make such connections with the sewer system, as may be necessary in the judgment of the board of health or in the event such city does not have a board of health, in the judgment of the governing body for the protection of the health of the public, for the purpose of disposing of all substances from any such building affecting the public health which may be lawfully and properly disposed of by means of such sewer, and if any person or persons, shall fail, neglect or refuse to so connect any building or buildings with the sewer system as herein provided for, for more than 10 days after being notified in writing by the board of health or governing body of such city to do so, such city may cause such buildings to be connected with said sewer system, or may advertise for bids for the construction and making of such sewer connections, and contract therefor with the lowest responsible bidder or bidders, and may assess the costs and expense thereof against the property and premises so connected in the manner provided by law. All costs incurred by the city under the provisions of this section may be financed, until the assessment is paid, out of the general fund or by the issuance of no-fund warrants. Whenever no-fund warrants are issued under the authority of this act the governing body of such city shall make a tax levy at the first tax levying period for the purpose of paying such warrants and the interest thereon. All such tax levies shall be in addition to all other levies authorized or limited by law and shall not be subject to the aggregate tax levy prescribed in article 19 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto. Such warrants shall be issued, registered, redeemed and bear interest in the manner and in the form prescribed by K.S.A. 79-2940 , and amendments thereto, except they shall not bear the notation required by said section and may be issued without the approval of the state board of tax appeals. All moneys received from special assessments levied under the provisions of this section shall, when paid, be placed in the general fund of the city. L. 1915, ch. 130, § 1; R.S. 1923, § 12-631; L. 1965, ch. 93, § 1; L. 2008, ch. 109, § 24; L. 2014, ch. 141, § 18; July 1. Cross References to Related Sections: Bids for public improvements, procedures for correction of bids based on mistakes, see 75-6901 et seq. Law Review and Bar Journal References: "Home Rule: A Primer," Michael R. Heim, 74 J.K.B.A. No. 1, 26 (2005).

K.S.A. 12-631a Alteration, repair, reconstruction or construction of sewer and payment thereof.

12-631a. Alteration, repair, reconstruction or construction of sewer and payment thereof. Whenever, in the opinion of the governing body of any city in the state of Kansas it shall become necessary to alter, repair or reconstruct any existing sewer which serves two or more sewer districts, where sewer districts may have * created, or which serves a substantial portion of the city, the governing body of such city may provide for the alteration, repair or reconstruction of any such sewer; or if any such sewer, after having been constructed for twenty years or more, is found to be inadequate, and in the opinion of the governing body of** the inadequacy of such sewer can be corrected at a lesser cost by the construction of another sewer in the same watershed, the governing body of such city may provide for the construction of a supplemental sewer. In order to pay for the construction of sewers herein provided for, the governing body of such city may assess the cost thereof against the sewer district or sewer districts served by such sewer, in cases where sewer districts have been created, or may, if in the opinion of the governing body the cost of such alteration, repair, construction or reconstruction should be borne by the city at large, pay the cost thereof out of the general fund of said city, and if the general fund is insufficient to pay such cost, or if the governing body deems it necessary, such governing body may issue general improvement bonds in the manner provided by law to pay such cost. All contracts for any such work, and special assessments against any property to pay the same in case such work is to be paid for by special assessments, shall be governed as near as may be by the provisions of law relating to the construction and payment of street improvements. If in the opinion of the governing body the cost of such alteration, repair, construction or reconstruction should be borne by the city at large the governing body may find that such sewer is an interceptor sewer and such finding shall be final and conclusive and shall make such sewer a utility within the meaning of the word "utility" as defined in K.S.A. 10-1201 . L. 1929, ch. 114, § 1; L. 1931, ch. 109, § 1; L. 1945, ch. 95, § 1; L. 1955, ch. 74, § 3; June 30. Revisor's Note: * The word "been" should have been included. ** The word "of" appears unnecessary.

K.S.A. 12-631b Acquisition of certain sewers or sewage facilities; ordinance.

12-631b. Acquisition of certain sewers or sewage facilities; ordinance. Any city of this state is hereby authorized and empowered to acquire by gift, purchase or otherwise any sanitary sewers or sewage lines located within the corporate limits of said city or within a distance of three (3) miles beyond the corporate limits of said city, which facilities have been constructed and are in place. Such acquisition may be by gift, grant or purchase from the United States government or any agency thereof, or any other owner thereof. Such acquisition may be had by any such city when the governing body shall have adopted an ordinance declaring the acquisition of such sewers or sewage facilities to be necessary, convenient or useful to such city and that the same is of value to said city, its inhabitants, or to industries located in the immediate environs of such city and so located as to be served by such sewers or sewage facilities. L. 1947, ch. 131, § 1; L. 1969, ch. 74, § 1; July 1. CASE ANNOTATIONS 1. Covenant with private sewer system acquired by city not enforceable against city; class action. Landau v. City of Leawood, 214 Kan. 104, 106, 519 P.2d 676.

K.S.A. 12-631c Same; service charges; ordinance for management and operation; contracts; sale or disposal; tax revenue not to be used.

12-631c. Same; service charges; ordinance for management and operation; contracts; sale or disposal; tax revenue not to be used. Any city so acquiring any such sewers or sewage facilities as provided in K.S.A. 12-631b , shall have the right to own, operate and maintain such facilities whether located within or without such city and shall have the right to establish just, reasonable, and equitable service charges to be paid to such city for the use of such sewer system, said charges to be based on the quantity and character of both the sewage discharged into the sewer system of the city: Provided further, Sufficient charges may be made for connections to property outside the city to compensate for capital investments made by the city for the sewer system. The governing body of such city shall have the power to pass ordinances providing rules and regulations for the management and operation of such sewer system, the collection of the charges and the disposition of the revenues therefrom: Provided further, Such city shall have the power to make contracts with persons, firms, corporations, boards of county commissioners, township trustees, sewer districts and other municipalities and political subdivisions for the use and maintenance of such sewers and sewage facilities upon such terms and conditions for such term of years as the governing body of such city may deem proper. Any city so acquiring such facilities shall have the right to sell and dispose of same or any part thereof as may be deemed expedient and to the public interest. No revenue derived from ad valorem taxes shall be used for the acquisition, operation and maintenance of the sewer facilities provided for in this act. L. 1947, ch. 131, § 2; April 4. CASE ANNOTATIONS 1. Covenant with private sewer system acquired by city not enforceable against city; class action. Landau v. City of Leawood, 214 Kan. 104, 106, 107, 519 P.2d 676. 2. Applied; sewer services charges not authorized where occupants not connected to system. Jennings v. Walsh, 214 Kan. 398, 400, 521 P.2d 311.

K.S.A. 12-631d Same; bonds or warrants, when; lien upon facilities.

12-631d. Same; bonds or warrants, when; lien upon facilities. If such sewer or sewage facilities are acquired by purchase and not by gift or grant, then the cost of such acquisition shall be paid by the issuance of warrants or bonds, but any such warrants or bonds issued for the purpose of acquiring such facilities shall be an obligation and a lien upon such facilities only and shall not be a general obligation of the city issuing the same. L. 1947, ch. 131, § 3; April 4.

K.S.A. 12-631e Certain cities may alter, repair, construct or reconstruct sewers; payment by city at large; bonds.

12-631e. Certain cities may alter, repair, construct or reconstruct sewers; payment by city at large; bonds. If the governing body of any city located in a county which has a population of less than 20,000 and an assessed tangible valuation of more than $45,000,000 and in which sewer districts have been created determines that it is necessary to alter, repair or reconstruct any existing sewer or construct any additional sewer which serves two or more districts or which serves a substantial portion of the city, the governing body may provide therefor and may (1) assess the cost thereof against the sewer district or sewer districts specially benefited, (2) if the governing body determines that the cost thereof should be borne by the city at large, pay such cost out of the general fund of the city or (3) issue its general improvement bonds to pay therefor in the manner provided by law. Whenever the governing body of any such city determines that the cost of any such construction or reconstruction should be borne by the city at large and paid for by the issuance of its general improvement bonds, the governing body shall adopt a resolution stating such fact and the amount of bonds which it deems necessary to issue and sell. The governing body shall publish such resolution once each week for two consecutive weeks in a paper of general circulation in such city. After publication, such bonds may be issued and sold, unless a petition in opposition to the same, signed by qualified electors of the city equal in number to not less than 15% of the qualified electors of such city who voted for the office of secretary of state at the last preceding election at which such office was subject to election, is filed with the city clerk of such city within 30 days following the last publication of the resolution. If such a petition is filed, the governing body of such city shall submit the question to the qualified electors of such city at a special election called for such purpose or at the next general city election. The total amount of bonds issued by any city under the authority conferred by this act shall not exceed the sum of $100,000. The provisions of law relating to construction and pavement of streets shall be followed in the letting of all contracts and the levying of any special assessments under the provisions of this act. L. 1949, ch. 122, § 1; L. 1981, ch. 173, § 14; July 1. Cross References to Related Sections: Similar provisions, see 12-631a. Attorney General's Opinions: Procedure to dissolve city of third class. 2001-50.

K.S.A. 12-631f Same; payment of outstanding notes.

12-631f. Same; payment of outstanding notes. Any city, such as described in K.S.A. 12-631e which has outstanding at the time this act takes effect temporary notes issued in payment of the costs of any construction or reconstruction of sewers such as described in K.S.A. 12-631e , may pay such temporary notes out of the general fund or by the issuance of general improvement bonds of the city in the manner and subject to the limitations provided in K.S.A. 12-631e . L. 1949, ch. 122, § 2; June 30.

K.S.A. 12-631g Sewage service charges by cities and township districts; exceptions.

12-631g. Sewage service charges by cities and township districts; exceptions. The governing body of any city or any township sewer district which has installed or may hereafter install a system of sewage disposal may, by ordinance of such city or by the resolution of the governing body of such township sewer district, establish just and equitable rates of service charges to be paid to such city, or to such township sewer district, for the use of such sewage disposal system by all persons, firms, corporations, city departments, the United States, the state of Kansas and its political subdivisions, and any organizations whose premises are connected or may hereafter be connected to the sanitary sewer system of such city or of such township sewer district: Provided, That the provisions of this act shall not apply to any city of the first class having a population of more than two hundred thousand (200,000). L. 1953, ch. 120, § 1; L. 1957, ch. 88, § 1; April 16. Cross References to Related Sections: Cities, second class, see 14-566 through 14-569. Townships, see chapter 80, article 20. Law Review and Bar Journal References: "Fifteen Years of Home Rule in Kansas Municipalities," Murray E. Anderson, 16 W.L.J. 360, 368 (1977). Attorney General's Opinions: Sewage services charges by cities, liens on rental property. 95-59. CASE ANNOTATIONS 1. Section is not statutory authority to impose sewer charges to occupants not connected with system. Jennings v. Walsh, 214 Kan. 398, 399, 400, 401, 521 P.2d 311.

K.S.A. 12-631i Same; sewage disposal system defined; use of revenue.

12-631i. Same; sewage disposal system defined; use of revenue. For the purpose of this act, sewage disposal system shall consist of all means by which sewage is transported, treated and disposed of and shall not include drainage or storm sewers or drains: Provided, That for construction and reconstruction purposes revenue derived under this act shall not be used for sewers, either lateral or main or intercepting, the cost of which is provided by law to be paid by special assessment. L. 1953, ch. 120, § 3; June 30.

K.S.A. 12-631j Same; rules and regulations.

12-631j. Same; rules and regulations. The governing body of a city shall have the power by ordinance, and the governing body of a township sewer district shall have power by resolution, to adopt rules and regulations providing for the management and operation of its sewage system, prohibiting the discharge of matter of deleterious to the proper operation of the treatment plant into the sewage system, requiring pretreatment of sewage in unusual cases to prevent overloading the treatment plant, fixing the service charges and methods of collection and providing for the disposition of the revenue therefrom. L. 1953, ch. 120, § 4; June 30.

K.S.A. 12-631l Same; disposition of revenues; reduction of tax levy.

12-631l. Same; disposition of revenues; reduction of tax levy. All revenues derived from sewage service charges shall be deposited in the treasury and credited to a separate fund to be known as the sewage disposal fund and such revenues shall be used exclusively for the administration, operation, maintenance, repair, replacement, extension, enlargement, betterments, depreciation and obsolescence of said sewage disposal system and may be used to pay principal of and interest on any bonds issued on account of said sewer system, either general obligation bonds or revenue bonds or both, except bonds issued for any such project the cost of which is payable from special assessments, and said revenues shall be used for no purpose other than those specified herein, and shall not be applied to the construction or reconstruction of sewers, the cost of which is provided by law to be paid from special assessments in a benefit district. When any city or township sewer district has provided for sewage service charges under this statute its power to levy tangible property taxes for the maintenance and operation of sewers and sewage disposal plants under authority of other statutes shall be reduced one-half (½) mill. L. 1953, ch. 120, § 6; June 30.

K.S.A. 12-631m Sewerage service charges; county, sewer district, improvement district or public agencies; establishment, collection and use of proceeds.

12-631m. Sewerage service charges; county, sewer district, improvement district or public agencies; establishment, collection and use of proceeds. Any county, sewer district, improvement district or public agency authorized by law to establish and/or operate a sewerage system or a part thereof, may, by ordinance or resolution of such county, sewer district, improvement district or agency establish and collect just and equitable rates of service charges to be paid to such county, district or agency for the use of the sewerage system by all persons, firms, corporations, departments of government of the state or of the United States and political subdivisions thereof and any other organizations or users of the system whose premises are connected to the sewer system of such county, district or agency. "Sewerage system" as used in this section means sewers, mains, pumping stations, treatment works, storage facilities and all appurtenance to the collection, storage, treatment and disposal of sewage and/or waste water. All charges collected pursuant to the provisions of this section shall be used for sewerage system purposes. L. 1973, ch. 57, § 1; April 25. CASE ANNOTATIONS 1. Applied; sewer service charges not authorized where occupants not connected to system. Jennings v. Walsh, 214 Kan. 398, 400, 521 P.2d 311.

K.S.A. 12-631n Municipal sewerage systems; definitions.

12-631n. Municipal sewerage systems; definitions. As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein: (a) "Municipality" means any county, city, sewer district or other public agency or any combination thereof; (b) "Sewerage system" means sewers, mains, pumping stations, treatment works, storage facilities and all other appurtenances to the collection, storage, treatment and disposal of sewage or waste water; and (c) "P.L. 92-500" means public law 92-500 of the 92 nd session of the United States congress, cited as the "federal water pollution control act amendments of 1972." L. 1973, ch. 56, § 1; April 20.

K.S.A. 12-631o Same; reserve funds; payment or transfer of certain moneys to fund.

12-631o. Same; reserve funds; payment or transfer of certain moneys to fund. Any municipality, by resolution of the governing body thereof, may establish one or more reserve funds for the future maintenance and operation of its sewerage system and for the construction of improvements and expansions to such system. Such reserve fund or funds may be established whether the municipality finances such sewerage system as a function of its general fund or as a separate or combined utility fund, and any moneys budgeted as a revenue of such general or utility fund for the purposes of the sewerage system may be transferred periodically to such reserve funds by order of the governing body. Any portion of a capital contribution in aid of construction received by a municipality from industrial or other large system users, under the provisions of P.L. 92-500 or under contractual agreements with such municipality, which money has not been credited to a construction or bond payment fund for such sewerage system, or paid to the federal government under the provisions of P.L. 92-500, may be paid to or transferred to such reserve funds. L. 1973, ch. 56, § 2; April 20.

K.S.A. 12-631p Same; use of moneys credited to reserve funds; exempt from budget law; retransfer of certain funds authorized.

12-631p. Same; use of moneys credited to reserve funds; exempt from budget law; retransfer of certain funds authorized. Moneys credited to such reserve funds may be used by the municipality for the construction, reconstruction, expansion, operation and maintenance of such sewerage system, or for the making of payments to the federal government under the provisions of P.L. 92-500, and such fund shall not be subject to the provisions of K.S.A. 79-2925 to 79-2937 , inclusive, and any acts amendatory thereof or supplemental thereto, except that in making the budgets of such municipality, the amounts credited to and the amount on hand in such reserve funds, and the amount expended therefrom, shall be included in the budgets for the information of the residents of such municipality. If the governing body of any municipality shall determine that all or any part of the moneys which have been transferred or paid to such reserve funds is not needed for the purposes for which so transferred or paid, said governing body by resolution may retransfer such amount not needed to the fund from which it was originally transferred, and such retransfer shall be budgeted and subject to the provisions of K.S.A. 79-2925 to 79-2937 , inclusive, and any acts amendatory thereof or supplemental thereto and shall only be used for sewerage system purposes. L. 1973, ch. 56, § 3; April 20.

K.S.A. 12-631q Counties and cities may unite in construction of outlets for drainage of storm water; eminent domain; bonds.

12-631q. Counties and cities may unite in construction of outlets for drainage of storm water; eminent domain; bonds. Any county may unite with any city within such county for the purpose of constructing outlets for drainage of storm water in such county or city, as herein provided. Whenever the governing body of any city shall deem it necessary to construct an outlet for drainage of storm water from the corporate limits of any such city, to connect with any creek or river at any point within five miles of such corporate limits, the governing body of any such city shall pass a resolution declaring said improvement to be necessary. Upon the publication of such resolution in the official city paper, such city shall cause to be made by some competent engineer plans and specifications, together with the estimated cost of such improvement, which plans and specifications and the estimated cost thereof shall be approved by such governing body, and, upon the approval of same, the resolution declaring said improvement necessary, together with such plans and specifications and estimate, shall be submitted to the board of county commissioners of any such county in which such city is located, and when such plans and specifications and estimate are approved by said board of county commissioners such city may proceed to make said improvement, and for this purpose the right of eminent domain is hereby granted. The proceedings for securing the land necessary for such outlet, and the construction of the same, shall be the same as that provided by law for cities in exercising the right of eminent domain. For the cost of obtaining the land necessary for such outlet, and for the construction of same, bonds may be issued by such city, equal to fifty percent of the cost of obtaining such land and the construction of such outlet, in accordance with the law providing for the issuance of bonds for other internal improvements. Any county uniting with a city in the construction of any such outlet may issue bonds in an amount of up to fifty percent (50%) of the cost of obtaining such land and the construction of such outlet. The bonds issued by such city shall be paid by the levy of a general tax on all the property in any such city, and the bonds issued by such county shall be paid by the levy of general tax on all of the property in any such county. R.S. 1923, § 13-1055; L. 1975, ch. 91, § 1; July 1. Source or prior law: L. 1911, ch. 92, § 1. Cross References to Related Sections: Joint city-county storm water drainage districts, see 12-6,102, 12-6,103, 12-6,104. CASE ANNOTATIONS 1. City cannot contract to maintain private bridge over drainage canal. Mathewson v. City of Wichita, 117 Kan. 455, 232 P. 233. 2. Authorization to construct certain types of storm sewer systems is not the legal equivalent of a command to act; city's failure to protect citizens from surface water is not actionable. Baldwin v. City of Overland Park, 205 Kan. 1, 7, 468 P.2d 168.

K.S.A. 12-631r Storm sewers; construction of improvements outside boundaries of municipality.

12-631r. Storm sewers; construction of improvements outside boundaries of municipality. (a) Whenever the governing body of any city determines it is necessary to construct storm sewers, channels, retention basins or drains for the purpose of managing the storm drainage areas of all or any portion of such city and in the unincorporated areas outside of but within three miles of the corporate limits of such city, the governing body may authorize the construction of such storm sewers, channels, retention basins or drains. Such construction shall be authorized by ordinance. Such ordinance shall designate where such storm sewers, channels, retention basins or drains shall be located. Construction of such improvements located outside the corporate limits of a city shall not commence unless such construction is approved by a resolution adopted by the board of county commissioners of the county in which such improvements are to be located. (b) Whenever the governing body of any city determines it is necessary to construct storm sewers, retention basins, channels or drains for the purpose of managing the storm drainage areas of all or any portion of which are located within another city, the governing body may authorize construction of such storm sewers, retention basins, channels or drains. Such construction shall be authorized by ordinance. Such ordinance shall designate where such storm sewers, retention basins, channels or drains shall be located. Construction of improvements located within the corporate limits of another city shall not commence unless such construction is approved by a resolution adopted by the governing body of the city in which such improvements are to be located. (c) Whenever the board of county commissioners of any county determines it is necessary to construct storm sewers, retention basins, channels or drains for the purpose of managing the storm drainage areas of all or any portion of such county, the board may authorize construction of such storm sewers, retention basins, channels or drains. Such construction shall be authorized by resolution. Such resolution shall designate where such storm sewers, retention basins, channels or drains shall be located. Construction of improvements located within the corporate limits of a city shall not commence unless such construction is approved by a resolution adopted by the governing body of the city in which such improvements are to be located. L. 1911, ch. 103, § 1; L. 1915, ch. 146, § 1; L. 1917, ch. 106, § 1; R.S. 1923, § 14-522; L. 1975, ch. 91, § 2; L. 1999, ch. 13, § 1; July 1. Cross References to Related Sections: Joint city-county storm water drainage districts, see 12-6,102, 12-6,103, 12-6,104.

K.S.A. 12-631s Same; determination of necessity.

12-631s. Same; determination of necessity. For the purpose of constructing improvements authorized by K.S.A. 12-631r , and amendments thereto, the governing body of the city and the board of county commissioners of the county constructing such improvements shall be the sole judge of the necessity for such improvements and the issuance of general obligation bonds in payment therefor. L. 1911, ch. 103, § 4; R.S. 1923, § 14-525; L. 1975, ch. 91, § 3; L. 1999, ch. 13, § 2; July 1.

K.S.A. 12-631t Construction and costs of sewage disposal works; bonds.

12-631t. Construction and costs of sewage disposal works; bonds. The governing body of any city shall have the power to provide for one or more systems of disposal works for the purification of the sewage of the city or any part thereof, and to build, operate and maintain such disposal works as the governing body may designate. The cost and expense of building the same shall be borne by the city as a whole, and may either be paid out of the general revenue fund or by the issuance of general obligation bonds. No such bonds shall be issued in a sum exceeding two hundred thousand dollars ($200,000) in any one year. Sewage disposal works as used herein includes any necessary sewage disposal plant, sewers and drains from existing outlets to the plant and from the plant to a creek, ravine or river where sewage may be drained, pumping plants, force mains, and all appurtenances necessary to construct a complete disposal works for the disposal of sewage. L. 1927, ch. 126, § 1; L. 1949, ch. 133, § 1; L. 1957, ch. 88, § 7; L. 1975, ch. 89, § 1; July 1. Source or prior law: L. 1925, ch. 112, § 1.

K.S.A. 12-631u Same; within or without the city.

12-631u. Same; within or without the city. The governing body of any such city may construct sewage-disposal works within the city limits of any city or within five miles of the city limits of any such city, and such governing body shall have the power and the authority to construct and maintain sewers and drains, pumps and other appurtenances thereof, from the corporate limits of said city to any creek, ravine or river within five miles thereof; and shall have the power and authority to construct and maintain sewers, drains, pumps and other appurtenances thereto from any sewage-disposal plant to connect with any creek, ravine or river within five miles of such disposal plant. L. 1927, ch. 126, § 2; March 15.

K.S.A. 12-631v Same; condemn or purchase lands; consent.

12-631v. Same; condemn or purchase lands; consent. The governing body of any such city shall have the power to condemn or acquire by purchase lands for the construction of sewage-disposal plants and lands or any easements therein or rights-of-way necessary for the construction and maintenance of sewers, drains, pumps and other appurtenances provided herein: Provided, Any person through whose lands such sewers or drains may be constructed or upon whose lands such disposal works may be built, or who would be otherwise damaged, may give consent thereto in writing, and such writing, without formal acknowledgment, may be recorded in the office of the register of deeds of the proper county, and thenceforth the city shall have the same right to construct such works as though such lands have been formally condemned. L. 1927, ch. 126, § 3; March 15. Attorney General's Opinions: Utility easement is not a public right-of-way. 2003-28.

K.S.A. 12-631w Sewage disposal works; cost paid by city; bonds.

12-631w. Sewage disposal works; cost paid by city; bonds. All the costs and expenses occasioned by the construction of any such disposal works, including the purchase or condemnation of land therefor and including the purchase or condemnation of land for the construction of sewers, drains, pumps and other appurtenances within or without the city used in connection with such disposal works, shall be borne by the city as a whole and paid out of the general revenue fund or by the issuance of internal improvement bonds. Such bonds shall be issued as provided by law, and shall not be issued in excess of the amount of the improvement, except that any installment coupons shall include the interest on such installments to the maturity thereof. The bonds issued under this act shall not be included in fixing the limit of the bonded indebtedness of the city issuing such bonds. L. 1927, ch. 126, § 4; L. 1983, ch. 49, § 43; May 12. Source or prior law: L. 1925, ch. 112, § 2.

K.S.A. 12-631x Construction and costs of sewage disposal works; payment of bonds; tax levy, use of proceeds.

12-631x. Construction and costs of sewage disposal works; payment of bonds; tax levy, use of proceeds. The governing body of such city shall provide for the payment of said bonds and the interest thereon as the same becomes due and payable by the levy of a general tax on all taxable property in such city. And the governing body of any such city is hereby authorized to levy an annual tax on all taxable, tangible property in such city to be used for the purpose of maintaining and operating sewage-disposal works and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774 , and amendments thereto. The revenue derived from such tax, except for an amount to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774 , and amendments thereto, shall be kept in a separate fund by the city treasurer and shall be used for no other purpose. L. 1927, ch. 126, § 5; L. 1979, ch. 52, § 32; July 1. Source or prior law: L. 1925, ch. 112, § 3.

K.S.A. 12-631y Delay of assessment of cost by sewer districts; procedure; payment of interest during delay period; notice; hearing.

12-631y. Delay of assessment of cost by sewer districts; procedure; payment of interest during delay period; notice; hearing. (a) The governing body of any sewer district may provide, by resolution, for the delay of the assessment of the actual cost incurred in the construction of improvements except for the cost of interest on temporary notes issued therefor. The delay may not exceed a period of 10 years. The resolution shall state the period for which the delay is granted and a certified copy of the resolution shall be filed with the register of deeds. No fee shall be charged for the filing and the register shall record and index the resolution. (b) During the period of delay, the governing body annually shall levy a special assessment against the tangible taxable property within the district in an amount sufficient to pay the cost of the interest on the temporary notes. The cost of the interest may be assessed equally per square foot against all tracts of land within the district or against the assessed value of the property with or without regard to the buildings or improvements thereon or in any other reasonable manner. After the governing body determines the cost of the interest and the assessment to be made against each tract of land within the district, it shall prepare an assessment roll. The proposed assessment roll shall be filed with the county clerk and be open for public inspection. The governing body shall publish a notice that it will meet to consider the proposed assessments. The notice shall be published once each week for two consecutive weeks in the official county newspaper. The second notice shall be published at least 10 days prior to the meeting and shall state the date, time and place of the meeting, the cost of the interest, the proposed method of assessment and that written or oral objections will be considered at the hearing. A copy of the notice also shall be mailed by prepaid first-class mail at least 10 days prior to the hearing to all landowners made liable to pay the assessments. The failure of any landowner to receive the notice shall not invalidate the proceedings. At the meeting or at any adjournment thereof, the governing body shall hear all objections to each proposed assessment and may amend the proposed assessments as to any tract of land. The governing body shall levy the special assessments against the property described in the assessment roll by the adoption and publication of the appropriate resolution. The assessment shall become a lien on the property against which the assessment is made from the effective date of the resolution. Each year thereafter, the governing body shall determine and apportion the cost of the interest on the basis it determines and shall levy a special assessment therefor. Notice of the assessment shall be published once each week for two consecutive weeks in the official county newspaper. (c) At the expiration of the period of delay, the governing body of the district shall determine the total amount of the cost of construction of the improvement remaining unpaid and shall assess the cost against the tangible taxable property in the district. The cost may be assessed equally per square foot against all tracts of land within the district or against the assessed value of the property with or without regard to the buildings or improvements thereon or in any other reasonable manner which will result in imposing substantially equal burdens or shares of cost upon property similarly benefited. The governing body shall not be required to assess the cost on the same basis used to assess the cost of interest under subsection (b). After the governing body determines the amount of the cost of the improvement remaining unpaid and the assessment to be made against each tract of land within the district, it shall prepare an assessment roll. The proposed assessment roll shall be filed with the county clerk and be open for public inspection. The governing body shall call and hold a meeting to consider the proposed assessments. Notice of the meeting shall be given in the same manner provided in subsection (b). At the meeting or at any adjournment thereof, the governing body shall hear all objections to each assessment and may amend the proposed assessments as to any tract of land. The governing body shall levy the special assessments against the property described in the assessment roll by the adoption and publication of the appropriate resolution. The special assessment shall become a lien on the property against which the assessment is made from the effective date of the resolution. The resolution shall be published once each week for two consecutive weeks in the official county newspaper and shall include a notice stating that at any time within 30 days after the final publication of the resolution, the assessments may be paid in full without interest. A copy of the resolution and the notice also shall be mailed by prepaid first-class mail to all landowners made liable to pay the assessments at least 10 days prior to the date when the assessments may last be paid in full without interest. The failure of any landowner to receive the notice shall not invalidate the apportionment of the cost. If the assessment is paid in full within the period as to any tract of land, the tract shall be relieved from any further liability for special assessments therefor. If within the period an error in the making of the apportionment is discovered by the governing body, the tract shall be relieved from further liability for the special assessments to the extent of payment made. The governing body shall correct the error and in its discretion may reapportion the cost following the same procedure for apportionment as in the first instance. After the date on which no more assessments may be paid, the governing body may issue general obligation bonds for the unpaid amount of the assessments. The bonds shall be authorized, issued, registered and sold in the manner provided by the general bond law and shall bear interest at a rate not to exceed the maximum rate prescribed by K.S.A. 10-1009 . (d) No suit to set aside the assessments or otherwise question the validity of the proceedings under this section shall be brought after the expiration of 30 days from the publication of the resolution fixing the assessments. L. 1983, ch. 89, § 1; April 14. Cross References to Related Sections: For county sewer districts generally, see 19-27a01 et seq. Attorney General's Opinions: Assessment construction costs of improvements in sewer districts. 83-161.

K.S.A. 12-635 Authorization of improvements within or without city limits; eminent domain; federal cooperation; agreements with watershed or drainage districts.

12-635. Authorization of improvements within or without city limits; eminent domain; federal cooperation; agreements with watershed or drainage districts. The governing body of any city of the state of Kansas in, near or through which flows a natural watercourse, the overflow from which, in the event of high water, is liable to cause injury to any bridge, street, alley or public or private property may, in order to prevent said injury, acquire by eminent domain in the manner prescribed by K.S.A. 26-501 to 26-516 , inclusive, and amendments thereto, gift or purchase, within said city limits or within ten (10) miles therefrom, the land and easements necessary: (a) To construct drains, canals and artificial watercourses, (b) to widen and straighten existing drains and watercourses, (c) to construct the necessary levees and embankments, (d) to change and raise the grade of streets and alleys and the approaches to bridges, and raise said bridges, or construct bridges where necessary, (e) to widen existing drains, channels and canals, and acquire the necessary outlets therefor beyond the limits of the city, or (f) to cause any and all other necessary work, construction and improvements to be made to protect said city and public and private property therein located from floods and damage by overflow of said natural and artificial watercourses. The governing body of any city proceeding under this act is hereby authorized: (a) To enter into contracts or agreements with the United States army corps of engineers or any other agency or agencies of the federal government that may be necessary in order to cooperate with the federal government and its agencies; and such contract or agreement shall provide that the city will maintain, repair and operate the flood control works; (b) to enter into contracts or agreements to furnish all of the necessary lands, rights-of-way and easements without cost to the federal government; (c) to enter into contracts or agreements relieving the federal government from any liability and damage to persons or property resulting from construction of the flood control works or resulting after the completion thereof; (d) to enter into contracts or agreements with watershed or drainage districts that may be necessary in order to cooperate with such watershed or drainage districts in matters relating to flood control and drainage. No provision of this act shall be construed to affect the power of drainage districts now organized under the provisions of chapter 24, of the Kansas Statutes Annotated, and amendments thereto. L. 1917, ch. 87, § 1; R.S. 1923, § 12-635; L. 1925, ch. 95, § 1; L. 1929, ch. 107, § 1; L. 1937, ch. 114, § 1; L. 1943, ch. 86, § 1; L. 1947, ch. 109, § 1; L. 1953, ch. 61, § 1; L. 1963, ch. 234, § 21; L. 1978, ch. 57, § 1; March 28. Cross References to Related Sections: Watershed districts, see chapter 24, article 12. Attorney General's Opinions: Applicability of city initiative and referendum ordinance to flood control. 81-252. Sales to contractors on Kansas park and resources authority projects. 82-156. CASE ANNOTATIONS 1. Title being broader than text does not render act invalid. Putnam v. City of Salina, 136 Kan. 637, 641, 644, 17 P.2d 827. Motion for modification denied: 137 Kan. 731, 22 P.2d 957. 2. Elements of damages considered. Loomis v. City of Augusta, 151 Kan. 343, 344, 348, 99 P.2d 988. 3. Flood control project requires approval of division of water resources' engineer and state corporation commission's engineer. Lyman Flood Prevention Ass'n v. City of Topeka, 152 Kan. 484, 487, 106 P.2d 117. 4. Limitation provisions of K.S.A. 14-408-10-303 inapplicable to bonds issued hereunder. City of Council Grove v. Schmidt, 155 Kan. 515, 516, 517, 518, 519, 127 P.2d 250. 5. City constructed dike further outside limits than authorized; liability for resulting damage determined. Krantz v. City of Hutchinson, et al., 165 Kan. 449, 453, 196 P.2d 227. 6. Procedure and elements of damages discussed and determined in exhaustive opinion. Foster v. City of Augusta, 165 Kan. 684, 686, 691, 692, 694, 199 P.2d 779. 7. Act construed and compared with K.S.A. 19-3301 through 19-3307; constitutional. Cow Creek Valley Flood Prevention Ass'n v. City of Hutchinson, 166 Kan. 78, 80, 81, 82, 83, 84, 85, 86, 91, 93, 200 P.2d 299. 8. Condemnation proceedings may be initiated either by resolution or ordinance. Cow Creek Valley Flood Prevention Ass'n v. City of Hutchinson, 166 Kan. 78, 80, 81, 82, 83, 84, 85, 86, 91, 93, 200 P.2d 299. 9. K.S.A. 12-635 through 12-646 construed; rights; liabilities and powers of city determined. Cow Creek Valley Flood Prevention Ass'n v. City of Hutchinson, 166 Kan. 78, 80, 81, 82, 83, 84, 85, 86, 91, 93, 200 P.2d 299. 10. Statute discussed; landowner's damages determined under this act not eminent domain statute. Yoder v. City of Hutchinson, 171 Kan. 1, 2, 6, 9, 228 P.2d 918. 11. Cited; drainage system construction held exercise of city's governmental functions. Perry v. City of Wichita, 174 Kan. 264, 268, 255 P.2d 667. 12. Owner of life estate entitled to damages; computation. Foster v. City of Augusta, 174 Kan. 324, 325, 332, 334, 256 P.2d 121. 13. Mentioned; plaintiff in injunction action held liable on bond signed as principal. Alder v. City of Florence, 194 Kan. 104, 105, 397 P.2d 375. 14. Cited in case concerning operation under a franchise by a public utility. City of Wichita v. Kansas Gas & Electric Co., 204 Kan. 546, 555, 464 P.2d 196. 15. Cited; criteria to meet requirements as city of second class (K.S.A. 14-101) to avoid bonded indebtedness limits examined. Bockhaus v. City of Halstead, 242 Kan. 504, 505, 748 P.2d 870 (1988).

K.S.A. 12-636 Same; resolution; engineer's estimate and report.

12-636. Same; resolution; engineer's estimate and report. Before making the improvements mentioned in K.S.A. 12-635 , and amendments thereto, the governing body of the city, by resolution duly passed, shall declare it necessary for the public good and convenience that the property described in the resolution be protected from the overflow of the watercourse and shall require a competent engineer to make a survey thereof and file the same with the city clerk of the city with maps and profiles of the survey and a full and complete plan of protecting the property from the overflow or damage by water of the watercourse and also the physical characteristics and location of any right-of-way, roadbed, bridge or bridges, streets and alleys and other property liable to be injured or damaged by the overflow of the watercourse. The engineer shall also make an estimate of the cost of the entire work and improvement required to protect the property, showing the several items of the same. The engineer shall inspect and examine all lots and buildings thereon, rights-of-way, roadbeds, bridges, culverts, depot grounds, grades, streets, and all railroads, telephone and telegraph and other property liable to be injured or damaged by the overflow of the watercourse. The engineer shall file a report, in duplicate, with the city clerk. Upon the approval of engineer's report by the governing body of the city, the city clerk of the city shall immediately cause one copy of the engineer's report to be filed with the chief engineer of the division of water resources of the Kansas department of agriculture. L. 1917, ch. 87, § 2; R.S. 1923, § 12-636; L. 1995, ch. 116, § 1; L. 2004, ch. 101, § 61; July 1. Attorney General's Opinions: Applicability of city initiative and referendum ordinance to flood control. 81-252. CASE ANNOTATIONS 1. Title being broader than text does not render act invalid. Putnam v. City of Salina, 136 Kan. 637, 641, 17 P.2d 827. Motion for modification denied: 137 Kan. 731, 22 P.2d 957. 2. Flood control project requires approval of division of water resources' engineer and state corporation commission's engineer. Lyman Flood Prevention Ass'n v. City of Topeka, 152 Kan. 484, 493, 494, 106 P.2d 117.

K.S.A. 12-637 Same; review of engineer's report by chief engineer; approval or disapproval.

12-637. Same; review of engineer's report by chief engineer; approval or disapproval. Upon the city's filing a report with the chief engineer pursuant to K.S.A. 12-636 , and amendments thereto, the chief engineer shall carefully examine the report and, if the chief engineer determines it necessary, shall make a personal investigation as to the location of the contemplated improvements, the costs of making the improvements and whether the improvements will accomplish the purpose for which they are intended. The chief engineer shall then approve or disapprove the report and immediately notify the city engineer of the approval or disapproval. L. 1917, ch. 87, § 3; R.S. 1923, § 12-637; L. 1995, ch. 116, § 2; July 1. CASE ANNOTATIONS 1. Flood control project requires approval of division of water resources' engineer and state corporation commission's engineer. Lyman Flood Prevention Ass'n v. City of Topeka, 152 Kan. 484, 493, 494, 106 P.2d 117.

K.S.A. 12-638 Same; eminent domain proceedings; advertising for bids.

12-638. Same; eminent domain proceedings; advertising for bids. Upon the approval of the engineer's report by the governing body of the city and the division of water resources, the governing body of the city, if property is to be condemned, shall proceed to exercise the power of eminent domain in accordance with K.S.A. 26-501 through 26-516 , and amendments thereto, and shall have the right to advertise for bids and enter into a contract for the improvements. Whenever a contract or agreement has been entered into by the United States army corps of engineers or any other federal agency or agencies and the city, or by a watershed or drainage district and the city, or the federal agency or agencies or a watershed or drainage district is willing to enter into the contract with the governing body of the city, for the construction of flood control improvements, the governing body of the city shall not be required to advertise for bids for the construction of the flood control works. L. 1917, ch. 87, § 4; R.S. 1923, § 12-638; L. 1947, ch. 109, § 2; L. 1953, ch. 61, § 2; L. 1963, ch. 234, § 22; L. 1978, ch. 57, § 2; L. 1995, ch. 116, § 3; July 1. CASE ANNOTATIONS 1. Mentioned in holding that zoning not a condition precedent to exercise of power under K.S.A. 17-618 by electric utility. Concerned Citizens, United, Inc. v. Kansas Power and Light Co., 215 Kan. 218, 234, 523 P.2d 755.

K.S.A. 12-640 Same; objection to appraiser's report; notice and hearing.

12-640. Same; objection to appraiser's report; notice and hearing. At the next meeting, regular or special, of the governing body of said city, after the filing of the report of said appraisers, said governing body shall fix a time and place for the hearing of all objections to the report of said appraisers. Said governing body shall give notice thereof by causing a publication to be published once in the official city paper at least ten days before the date set for said hearing. L. 1917, ch. 87, § 6; April 5; R.S. 1923, § 12-640. CASE ANNOTATIONS 1. Procedure and elements of damages discussed and determined in exhaustive opinion. Foster v. City of Augusta, 165 Kan. 684, 687, 691, 694, 199 P.2d 779. 2. Mentioned; plaintiff in injunction action held liable on bond signed as principal. Alder v. City of Florence, 194 Kan. 104, 106, 397 P.2d 375.

K.S.A. 12-641 Same; hearing on report.

12-641. Same; hearing on report. At the time and place fixed in said notice, the governing body shall meet for the hearing of objections. If they shall find that due notice has not been given as required by this act, they shall continue the hearing to a date to be fixed by them and order the publication of the notice as hereinbefore provided; and when they shall find that due notice has been given, they shall proceed to hear any and all objections that may have been filed as to the final amount of damage awarded by said assessors against each lot, tract or parcel of land or other property, and to that end they may confirm, approve, modify or amend the report of said appraisers in any particular, and when they have, in said manner, adjusted, equalized and determined the amount of damage to the lands and other property as above required, less the benefits accruing thereto, they shall enter an order confirming the same. Said hearing may be adjourned from time to time as said governing body may determine. L. 1917, ch. 87, § 7; April 5; R.S. 1923, § 12-641. Attorney General's Opinions: Notice of adjourned, recessed or continued meetings subject to open meetings act. 96-14. CASE ANNOTATIONS 1. Procedure and elements of damages discussed and determined in exhaustive opinion. Foster v. City of Augusta, 165 Kan. 684, 687, 688, 691, 694, 199 P.2d 779. 2. Owner of life estate entitled to damages; computation. Foster v. City of Augusta, 174 Kan. 324, 325, 332, 334, 256 P.2d 121.

K.S.A. 12-642 Same; time for objections to report.

12-642. Same; time for objections to report. All objections to the report of said appraisers must be in writing and filed with the city clerk of said city forty-eight hours prior to the time fixed for the hearing of the same. L. 1917, ch. 87, § 8; April 5; R.S. 1923, § 12-642. CASE ANNOTATIONS 1. Procedure and elements of damages discussed and determined in exhaustive opinion. Foster v. City of Augusta, 165 Kan. 684, 687, 691, 692, 693, 694, 199 P.2d 779.

K.S.A. 12-643 Same; appeal to district court; bond; transcript, filing.

12-643. Same; appeal to district court; bond; transcript, filing. Any person, firm or corporation who has filed objections and had a hearing as herein provided, feeling aggrieved by the decision and judgment of the governing body, may appeal to the district court of the county in which said city is situated upon giving a bond, payable to the city and any owner of property liable to be injured and conditioned that in the event that the amount of the judgment recovered is not greater than the damage allowed by said city, they will pay all damages which may accrue to the city and to the property liable to be injured by reason of the overflow of said watercourse caused by delay in making improvements by reason of the appeal. The bonds shall be approved by and filed with the city clerk within ten days after the rendition of the decision appealed from. Within twenty days after the filing of the bond, said city clerk shall make and file a transcript of said hearing, together with all the papers relating thereto, with the clerk of the district court. Upon the filing of the transcript and bond, the district court shall have jurisdiction of the cause and the same shall be docketed and filed as in appeals in other civil actions. The district court shall hear all competent evidence as to benefits received and damages sustained for said improvements. All objections that shall be filed shall be heard and determined by the court as one proceeding and only the one transcript of the final order of the governing body of said city shall be required. The clerk of the district court, upon the rendition of said judgment, shall forthwith certify the decision of the court to the governing body of said city, who shall take such action as may be rendered necessary by such decision. L. 1917, ch. 87, § 9; R.S. 1923, § 12-643; L. 1977, ch. 105, § 1; July 1. CASE ANNOTATIONS 1. Elements of damages considered. Loomis v. City of Augusta, 151 Kan. 343, 349, 99 P.2d 988. 2. Statute discussed, construed and applied in exhaustive opinion. Foster v. City of Augusta, 165 Kan. 684, 686, 687, 692, 693, 694, 199 P.2d 779.

K.S.A. 12-644 Overflow of natural watercourses; bonds of city.

12-644. Overflow of natural watercourses; bonds of city. In order to provide for the payment of the costs of flood control improvements and the damages occasioned by reason thereof, the governing body of the city may issue internal improvement bonds of the city as provided by law. Such internal improvement bonds may be general obligation bonds of the city if the city is proceeding under K.S.A. 12-635 to 12-646a , inclusive, and amendments thereto. Such bonds shall not be issued in an amount in excess of the contract price of the work improvement, plus the total amount of damage allowed for injury to property and the cost of the right-of-way as determined by article 2 of chapter 26 of Kansas Statutes Annotated or K.S.A. 12-639 to 12-643 , inclusive, and amendments thereto, except that any installment coupons shall include the interest of such installments to the maturity thereof. R.S. 1923, § 12-644; L. 1947, ch. 109, § 3; L. 1951, ch. 130, § 1; L. 1983, ch. 49, § 44; May 12. Source or prior law: L. 1917, ch. 87, § 10. Attorney General's Opinions: Applicability of city initiative and referendum ordinance to flood control. 81-252. CASE ANNOTATIONS 1. Limitation provisions of K.S.A. 14-408, 10-303 inapplicable to bonds issued hereunder. City of Council Grove v. Schmidt, 155 Kan. 515, 516, 517, 518, 519, 127 P.2d 250. 2. Statutes discussed, construed and applied in exhaustive opinion. Foster v. City of Augusta, 165 Kan. 684, 686, 692, 694, 199 P.2d 779.

K.S.A. 12-645 Same; appraisers; special benefit assessments; general tax levy, when.

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. L. 1917, ch. 87, § 11; R.S. 1923, § 12-645; L. 1927, ch. 99, § 1; L. 1951, ch. 130, § 2; March 9. Attorney General's Opinions: Applicability of city initiative and referendum ordinance to flood control. 81-252. CASE ANNOTATIONS 1. Cited in enjoining assessment of property not benefited by flood control. Putnam v. City of Salina, 136 Kan. 637, 641, 643, 644, 645, 647, 17 P.2d 827. Motion for modification denied. 137 Kan. 731, 22 P.2d 957. 2. Limitation provisions of K.S.A. 14-408, 10-303 inapplicable to bonds issued hereunder. City of Council Grove v. Schmidt, 155 Kan. 515, 516, 517, 518, 519, 127 P.2d 250. 3. Section is constitutional; act construed, compared and applied. Cow Creek Valley Flood Prevention Ass'n v. City of Hutchinson, 166 Kan. 78, 79, 80, 85, 86, 87, 91, 200 P.2d 299. 4. Mentioned in unholding general tax for county flood control project. Board of County Comm'rs v. Robb, 166 Kan. 122, 127, 199 P.2d 530.

K.S.A. 12-646 Same; bond limitations inapplicable, when.

12-646. Same; bond limitations inapplicable, when. Bonds issued under the provisions of this act shall not be included in fixing the limit of bonded indebtedness of cities of the second class. Bonds issued under the provisions of this act shall not be included in fixing the limit of bonded indebtedness of cities of the third class if the question of the issuance of such bonds has been submitted to and approved by a majority of the qualified electors of such city voting thereon at an election noticed, called and held in the manner provided in K.S.A. 10-120 . L. 1917, ch. 87, § 12; R.S. 1923, § 12-646; L. 1976, ch. 72, § 1; April 5. CASE ANNOTATIONS 1. Limitation provisions of K.S.A. 14-408, 10-303 inapplicable to bonds issued hereunder. City of Council Grove v. Schmidt, 155 Kan. 515, 516, 517, 518, 519, 127 P.2d 250. 2. Cited; criteria to meet requirements as city of second class (K.S.A. 14-101) to avoid bonded indebtedness limits examined. Bockhaus v. City of Halstead, 242 Kan. 504, 505, 748 P.2d 870 (1988).

K.S.A. 12-646a Flood control works; maintenance and operation; tax levy, use of proceeds.

12-646a. Flood control works; maintenance and operation; tax levy, use of proceeds. For the purpose of maintaining and operating any flood control works or dikes heretofore or hereafter constructed with or without the assistance of the U.S. army corps of engineers or any other agency of the federal government and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774 , and amendments thereto, the governing body of any city is hereby authorized and empowered to levy annually a tax upon all the tangible taxable property within said city. It shall be the duty of the governing body of any city having such flood control works or dikes to keep the same in serviceable condition and to make such repairs thereon as may be necessary from time to time. L. 1947, ch. 129, § 1; L. 1970, ch. 69, § 6; L. 1975, ch. 494, § 5; L. 1979, ch. 52, § 33; July 1. Cross References to Related Sections: Certain cities of the second class, see 14-713.

K.S.A. 12-646b City of Halstead authorized to establish a flood control improvements fund.

12-646b. City of Halstead authorized to establish a flood control improvements fund. (a) The governing body of the city of Halstead, Kansas, may establish, by adoption of an ordinance, a flood control improvements fund. The ordinance establishing such fund, and any amendments thereto, may provide for the budgeted transfer of moneys from other city funds lawfully available for improvement purposes to the flood control improvements fund, including moneys in the city's federal general revenue sharing fund and general fund. The governing body of the city is hereby authorized to levy a tax upon all tangible taxable property within the city to finance any flood control improvements authorized pursuant to K.S.A. 12-635 to 12-646a , inclusive, and amendments thereto. Revenue derived from such levy shall be deposited in the flood control improvements fund. Any general property tax specifically levied for the use of such fund shall be authorized by ordinance adopted under the provisions of section 5 of article 12 of the Kansas constitution. (b) Moneys in the flood control improvements fund may be used to finance, in whole or in part, any flood control improvement authorized pursuant to K.S.A. 12-635 to 12-646a , inclusive, and amendments thereto, and any other costs or expenses incurred thereunder. The ordinance may provide that disbursements from such fund may be made for engineering and other advance flood control improvement plans and studies and that reimbursements may be made to the fund from bond proceeds, special assessments or state or federal aid available for the completed project. (c) Except for such reimbursed expenses, no moneys shall be credited to such special fund except as may be budgeted annually, or transferred by the annual budget from other funds. Such fund shall not thereafter be subject to the provisions of K.S.A. 79-2925 to 79-2937 , inclusive, and amendments thereto. In making the budget of the city, the amounts credited to, and the amount on hand in, such special fund and the amount expended therefrom shall be shown thereon for the information of the taxpayers of the city. Moneys in such fund may be invested in accordance with the provisions of K.S.A. 10-131 , and amendments thereto, with interest thereon credited to such fund. (d) If the governing body of the city determines that money which has been transferred to such special fund or any part thereof is not needed for the purposes for which so transferred, the governing body, by adoption of a resolution, may transfer such amount not needed to the general or other fund from which it was derived and such transfer and expenditure thereof shall be subject to the budget requirement provisions of K.S.A. 79-2925 to 79-2937 , inclusive, and amendments thereto. L. 1986, ch. 63, § 1; April 24.

K.S.A. 12-667 Levy of assessments in installments.

12-667. Levy of assessments in installments. Whenever in the judgment of the governing body of any city the special assessments on any lot or piece of land within a benefit district created by such city would be burdensome if collected in one installment, the said governing body may levy the amount of said special assessment in not to exceed ten (10) annual installments together with interest at not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009 upon the whole amount remaining due and unpaid each year. R.S. 1923, § 12-667; L. 1970, ch. 64, § 99; March 21. Source or prior law: L. 1913, ch. 86, § 8. Cross References to Related Sections: Cost of condemnation, see 26-209.

K.S.A. 12-671 Land for streets and alleys; bond issue; tax levy.

12-671. Land for streets and alleys; bond issue; tax levy. When the governing body of any city shall deem it necessary in order to pay for lands hereafter or heretofore appropriated or purchased for opening, widening, or extending any street or alley it may issue and sell to obtain funds therefor the negotiable bonds of such city in a sum not to exceed the cost thereof. Said board shall levy and certify to the county clerk, to be placed upon the tax rolls, a tax sufficient to pay the interest on said bonds and the principal at maturity. R.S. 1923, § 12-671; L. 1957, ch. 89, § 1; June 29. Source or prior law: L. 1913, ch. 86, § 9. Cross References to Related Sections: Condemnation in cities, see chapter 26, articles 2, 5.

K.S.A. 12-672 Docks, wharves, and river terminals.

12-672. Docks, wharves, and river terminals. Any city in the state of Kansas shall have and is hereby vested with full power and authority to acquire, by gift, purchase or condemnation, sites, and to own, construct, maintain, operate or lease out docks, wharves and river terminals; to provide suitable buildings and equipment for the accommodation of passengers and for the handling, storage, transportation and delivery of freight, express and mail; to make suitable charges for its services; to provide adequate police protection, and from time to time, by ordinance, to establish such rules and regulations and to employ such agency or agencies as may be needful and proper to carry out the powers hereby granted. L. 1929, ch. 115, § 1; February 21. CASE ANNOTATIONS 1. Cited in holding Kansas City wharf-improvement act valid. State, ex rel., v. Kansas City, 140 Kan. 471, 472, 37 P.2d 18. 2. Various objections to bond election considered and election held valid. Robertson v. Kansas City, 143 Kan. 726, 730, 56 P.2d 1032. 3. Cited in upholding revenue bond issue for improvement city's public levee. State, ex rel., v. Kansas City, 149 Kan. 252, 254, 86 P.2d 476. 4. Lease of part of Kansas City levee construed and held valid. State, ex rel., v. McCombs, 156 Kan. 391, 392, 401, 133 P.2d 134.

K.S.A. 12-673 Same; bonds, terms.

12-673. Same; bonds, terms. Said cities shall have the power to issue bonds to pay for any lands acquired, and the wharves and improvements constructed thereon, when authorized by a vote of the people at a general election or any special election held for that purpose, and said bonds to be serial bonds over a period not to exceed thirty (30) years, and to bear interest not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009 . Bonds issued in pursuance of this act shall never exceed one percent (1%) of the assessed valuation of said city. L. 1929, ch. 115, § 2; L. 1970, ch. 64, § 9; L. 1978, ch. 99, § 10; April 25. Cross References to Related Sections: Supplemental act, cities of over 115,000 population, see 13-1238 through 13-1245. CASE ANNOTATIONS 1. Cited in holding Kansas City wharf-improvement act valid. State, ex rel., v. Kansas City, 140 Kan. 471, 472, 37 P.2d 18. 2. Bonds held lawfully authorized; revenue bonds may be issued under K.S.A. 13-1238 et seq. Robertson v. Kansas City, 143 Kan. 726, 730, 731, 56 P.2d 1032. 3. Lease of part of Kansas City levee construed and held valid. State, ex rel., v. McCombs, 156 Kan. 391, 392, 133 P.2d 134.

K.S.A. 12-681 Certain street and alley improvement in second-class cities and first-class cities of less than 50,000 population; resolution; bonds; limitations.

12-681. Certain street and alley improvement in second-class cities and first-class cities of less than 50,000 population; resolution; bonds; limitations. The governing body of all cities of the first class having a population of less than fifty thousand inhabitants and cities of the second class are hereby authorized and empowered to recurb, regutter, resurface or repave, including necessary drainage facilities, any street or alley or any portion thereof when said street or alley has by reason of public travel thereon or by reason of the elements become in need of surface restoration or other construction and improvement, and the governing body shall have the power to determine such need, and when the governing body determines that the making of such improvements is deemed expedient it may by resolution so declare the necessity therefor and cause said improvement to be made. The cost of said recurbing, reguttering, resurfacing or repaving, shall be borne by the city at large, and the governing body of said city is hereby empowered to issue general improvement bonds for the purpose of raising funds for making such improvements in an amount not exceeding the total cost of said improvement: Provided, That the total amount of bonds issued for such improvements in any one year shall not exceed an amount equal to one-third of one percent of the assessed tangible valuation of such city, except that in such cities of the first class said amount shall not exceed one-half of one percent of said valuation: Provided further, That bonds for such improvements shall not be outstanding at any one time in an amount in excess of one percent of such assessed tangible valuation, except that in such cities of the first class said amount shall not exceed one and one-half percent of said valuation. No street or alley or any portion thereof shall be recurbed, reguttered, resurfaced or repaved under the provisions of this act until at least ten years shall have elapsed, subsequent to the date of completion of such original improvement. L. 1941, ch. 109, § 1; L. 1945, ch. 96, § 1; June 28.

K.S.A. 12-682 Same; election; notice.

12-682. Same; election; notice. The provisions of this act shall not apply to any city, unless and until the question of the adoption of the provisions of this act by such city shall have been submitted to the qualified electors of the city at any regular city election for their approval or rejection and a majority of those voting on the question vote in favor of the adoption of the provisions of this act. The governing body of the city may submit the question of the adoption of the provisions of this act to the electors of such city at any such election, notice of which shall be given by publication in the official city paper once each week for two consecutive weeks, with the last publication not less than five days prior to such election. Such notice shall contain a copy of the proposition to be voted upon. L. 1941, ch. 109, § 2; L. 1981, ch. 173, § 15; July 1. Attorney General's Opinions: Authority to hold non-binding advisory city elections. 83-177.

K.S.A. 12-685 Designation of main trafficways.

12-685. Designation of main trafficways. The governing body of any city is hereby authorized and empowered to designate and establish, by ordinance as a main trafficway any existing or proposed street, boulevard, avenue or part thereof, within such city, the primary function of which is, or shall be, the movement of through traffic between areas of concentrated activity within the city or between such areas within the city and traffic facilities outside the city performing the function of a major trafficway. Such designation by the governing body shall be final and conclusive. L. 1959, ch. 71, § 1; June 30. Law Review and Bar Journal References: "Home Rule in a Nutshell," Sandra Craig McKenzie, 48 K.L.R. 1005 (2000). CASE ANNOTATIONS 1. Whether city's designation of street as main trafficway precludes financing improvements by special assessments under K.S.A. 12-6a01 et seq. examined. Davis v. City of Leawood, 257 Kan. 512, 513, 893 P.2d 512 (1995). 2. Whether the designation of street as main trafficway precludes financing improvements under K.S.A. 12-685 examined. Bauer v. City of Olathe, 257 Kan. 540, 541, 547, 894 P.2d 823 (1995). 3. Whether city designated main trafficway is precluded from financing improvements by impact fees examined. McCarthy v. City of Leawood, 257 Kan. 566, 569, 580, 894 P.2d 836 (1995).

K.S.A. 12-686 Same; designating trafficway connections with main trafficways; right-of-way.

12-686. Same; designating trafficway connections with main trafficways; right-of-way. Whenever in the judgment of the governing body of any city which has designated and established main trafficways under the provisions of this act, it is necessary to provide adequate connections with or between any main trafficways of said city or for the purpose of relieving traffic congestion at certain points on said main trafficways, said governing body is hereby authorized and empowered to designate and establish, by ordinance, certain portions of existing streets, boulevards, avenues or viaducts as trafficway connections or to acquire by purchase or condemnation the necessary right-of-way for such purposes and designate and establish the same as trafficway connections, and to connect any street, boulevard, avenue or viaduct with any of the main trafficways and/or connect any two (2) main trafficways and designate and establish the same as trafficway connections. Such designation by the governing body shall be final and conclusive. L. 1959, ch. 71, § 2; June 30.

K.S.A. 12-687 Same; improving trafficways and connections.

12-687. Same; improving trafficways and connections. The governing body of such city shall have power to improve or reimprove or cause to be improved or reimproved, any main trafficway or trafficway connection designated and established under the provisions of this act. Such improvement or reimprovement may include grading, regrading, curbing, recurbing, guttering, reguttering, paving, repaving, macadamizing, remacadamizing, constructing, reconstructing, opening, widening, extending, rounding corners, straightening, relocating, building any necessary bridges and approaches thereto, viaducts, overpasses, underpasses, culverts and drainage, trafficway illumination, traffic control devices, pedestrian ways, or other improvements, or any two (2) or more of such improvements or reimprovements and the acquisition of right-of-way by purchase or condemnation when necessary for any of such purposes. The governing body may also employ highway and traffic engineering assistance when necessary to the proper development and planning of such improvement or reimprovement. L. 1959, ch. 71, § 3; June 30. CASE ANNOTATIONS 1. Whether city's designation of street as main trafficway precludes financing improvements by special assessments under K.S.A. 12-6a01 et seq. examined. Davis v. City of Leawood, 257 Kan. 512, 518, 893 P.2d 512 (1995).

K.S.A. 12-689 Same; costs; how paid.

12-689. Same; costs; how paid. All costs of improvements or reimprovements authorized under the provisions of this act, including acquisition of right-of-way, engineering costs, and all other costs properly attributable to such projects shall be paid by the city at large from the general improvement fund, general revenue fund, internal improvement fund, or any other fund or funds available for such purposes, or by the issuance of general improvements bonds. L. 1959, ch. 71, § 5; June 30. Law Review and Bar Journal References: "Dolan v. City of Tigard: Kansas Local Governments Beware—The Supreme Court Further Restricts the Authority of Municipalities to Condition Development Approval," Stephen P. Chinn, Neil R. Shortlidge & N. Cason Boudreau, 64 J.K.B.A. No. 9, 30, 37 (1995). CASE ANNOTATIONS 1. Whether city's designation of street as main trafficway precludes financing improvements by special assessments under K.S.A. 12-6a01 et seq. examined. Davis v. City of Leawood, 257 Kan. 512, 518, 893 P.2d 512 (1995). 2. Whether the designation of street as main trafficway precludes financing improvements under K.S.A. 12-685 examined. Bauer v. City of Olathe, 257 Kan. 540, 541, 894 P.2d 823 (1995). 3. Whether K.S.A. 12-690 prohibits use of city funds or bonds for financing designated main trafficway examined. McCarthy v. City of Leawood, 257 Kan. 566, 571, 894 P.2d 836 (1995).

K.S.A. 12-690 Same; supplemental.

12-690. Same; supplemental. This act shall be supplemental to all other acts relating to the improvement of streets, and shall not prevent the use of other statutes for the improving of any such street, boulevard or avenue. L. 1959, ch. 71, § 6; June 30. Law Review and Bar Journal References: "Home Rule in a Nutshell," Sandra Craig McKenzie, 48 K.L.R. 1005 (2000). CASE ANNOTATIONS 1. Whether city's designation of street as main trafficway precludes financing improvements by special assessments under K.S.A. 12-6a01 et seq. examined. Davis v. City of Leawood, 257 Kan. 512, 518, 893 P.2d 512 (1995). 2. Whether section prohibits use of city funds or bonds for financing designated main trafficway examined. McCarthy v. City of Leawood, 257 Kan. 566, 571, 894 P.2d 836 (1995).

K.S.A. 12-691 Certain county and city agreements with federal agencies on recreational facilities along rivers.

12-691. Certain county and city agreements with federal agencies on recreational facilities along rivers. Any county or city in which the corps of engineers of the United States army or any other department or agency of the government of the United States is authorized by congress to construct works for recreational purposes along any river or tributary thereof lying within or adjacent to the city or county may, if in the opinion of the governing body of the county or city the construction is for the public welfare: (1) Enter into an undertaking in the name of the county or city to hold the United States free from any damage to persons or property resulting during construction or after completion thereof; (2) Contract with the government of the United States in the name of the county or city to maintain, keep in repair and operate the works, when completed; and (3) Furnish all necessary lands, rights-of-way and easements for construction of the works. L. 1967, ch. 517, § 1; July 1.

K.S.A. 12-692 Acquisition of land to open, widen or extend street or to construct or improve storm sewer or drain; special assessments; exemption of certain property.

12-692. Acquisition of land to open, widen or extend street or to construct or improve storm sewer or drain; special assessments; exemption of certain property. (a) All lots or tracts of land abutting upon any existing or proposed street or highway, the owner or owners or predecessors in title to which, have dedicated or conveyed property necessary for the opening, widening or extending of such street or highway, may, at the discretion of the governing body of the city, be exempt, in whole or in part from the payment of special assessment to pay the cost of acquiring land necessary for such opening, widening or extension from owners of lots or tracts of land abutting upon such existing or proposed street or highway and failing or refusing to dedicate or convey such property. (b) All lots or tracts of land abutting upon or situated above any existing or proposed storm sewer or drain, the owner or owners or predecessors in title to which have dedicated or conveyed property necessary for the construction or improvement of such storm sewer or drain, may, at the discretion of the governing body of the city, be exempt, in whole or in part, from special assessments made to pay the costs of acquiring land necessary for the construction or improvement of such proposed or existing storm sewer or drain. L. 1970, ch. 70, § 1; L. 1971, ch. 43, § 1; L. 1979, ch. 53, § 1; July 1. CASE ANNOTATIONS 1. Whether section can be used in conjunction with a financing assessment plan adopted pursuant to K.S.A. 12-6a01 et seq. examined. Bauer v. City of Olathe, 257 Kan. 540, 549, 894 P.2d 823 (1995).

K.S.A. 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.

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. 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. Attorney General's Opinions: Land to be included in improvement district; abutting property must be included, nonabutting may be included. 2000-13. CASE ANNOTATIONS 1. Property outside city limits may not be included in improvement district as city had not entered into interlocal agreement with county. Bloom v. City of Oakley, 33 Kan. App. 2d 538, 104 P.3d 1007 (2005).

K.S.A. 12-694 Water course improvements; eminent domain; police jurisdiction.

12-694. Water course improvements; eminent domain; police jurisdiction. The governing body of any city may establish, make and regulate public wells, cisterns, aqueducts and reservoirs and provide for filling the same and may establish, alter, change, relocate, straighten, divert and otherwise improve the channels of watercourses, navigable or otherwise, remove and change bridges and remove obstructions, wall watercourses and cover them over, and in connection therewith construct and maintain within or outside of the city limits such channels, tunnels, aqueducts and ditches as may be required and necessary to form an outlet and drain said water carried by such watercourses into a creek, ravine or river, and build and erect all walls, embankments, levees and ripraps to protect the banks thereof, and for all or any of said purposes such cities may acquire, own and hold by gift, purchase or by the exercise of the power of eminent domain in accordance with K.S.A. 26-501 to 26-516 , inclusive, within or without the city limits, within five (5) miles therefrom, or within twenty (20) miles therefrom where it is necessary in order to obtain an adequate water supply for such cities, all lands required and necessary therefor, and pay all damages for property taken or injured and may enact any and all ordinances for said purposes, but no such construction shall be made within the corporate limits of any other city until such city shall first consent thereto. In the construction and maintenance of such work and improvement such city may receive aid and contributions toward the payment of the cost thereof from, and may contract and cooperate with, municipal and other corporations and individuals of this or any other state. The police jurisdiction of the city shall extend over such lands as acquired beyond the city limits except where such acquired land is already under the police jurisdiction of some other city. R.S. 1923, § 14-701; L. 1927, ch. 139, § 1; L. 1935, ch. 121, § 1; L. 1963, ch. 234, § 36; L. 1975, ch. 118, § 1; July 1. Source or prior law: L. 1867, ch. 68, art. 3, § 2, ¶ 19; G.S. 1868, ch. 19, § 30, ¶ 19; L. 1871, ch. 62, § 41; L. 1872, ch. 100, § 58; L. 1915, ch. 133, § 1. CASE ANNOTATIONS 1. City's determination that diversion of channel necessary for public welfare is conclusive. Gorman v. City of Rosedale, 118 Kan. 20, 24, 234 P. 53. 2. City condemnation of water rights for city water supply; water rights included within definition of "land"; application for change of waters use under K.S.A. 82a-708b. Sullivan v. City of Ulysses, 23 Kan. App. 2d 502, 505, 932 P.2d 456 (1997).

K.S.A. 12-695 Same; bond limitations inapplicable.

12-695. Same; bond limitations inapplicable. The bonds issued under this act shall not be included in fixing the limit of any bonded indebtedness of cities. L. 1927, ch. 139, § 11; L. 1975, ch. 118, § 2; July 1.
Source: Kansas Office of Revisor of Statutes (ksrevisor.gov)URL: https://www.ksrevisor.gov/statutes/ksa_ch12.htmlFetched: 10/20/2026

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