The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-20
LEGAL.
Published in The Topeka State Journal
February 20 1911
SENATE BILL No. 10.

Published in The Topeka State Journal
February 20 1s11-l
SENATE BILL No. 49,
AN ACT providing for the construction
q sewers and sewer systems in cities of
the second and third class. amending
section No. SIS of the General Statutes
OF Kansas. 1893, and repeating such orig
Be it enacted by the Legislature of the
State of Kansas:
Section !. That section s15 of the Cen
sFal Statutes OF Kansas for the year 1903,
be amended SO as to read as follows:
Section SIS. That the mayor and council
Tor one or more systems of sewerage, or
drainage, or both, for such city, or for
any part tnereof, with one or more main
sewers or drains and sewer or drain out
lets, and to build, construct or purchase
sewers and drains by districts or other
termine. The costs and expenses of con-
structing or purchasing the said sewers
ana drains, except as provided in section
three OF the act to which this is amen
datory, shall be assessed against the lots
and pieces of ground contained Within the
dlStrlct 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 upon the tax-roH for col
lection, subject to the same penalties, en-
Titled to the same rebates, and collected
In the same manner as other taxes: Pro-
V1deQs That where any property has paid
or shall pay its full proportion for gen
efal sewers or drains in one district, it
shall not be transferred to another dis
trict and thereby be made liable for tax
district; and provided further that the
mayor and council may IL their diScre-
ton provide for the payment of the costs
tnereof by Instruments, instead of levying
the entire tax or special assessment for
such cost at one time; and for such in
stallments they may issue Improvement
bonds of the city, payable in installments
or equal amounts each year, none of
thereof shall longer or
pear interest at a rate exceeding six per
centum per annum. The credit of the city
issuing such bonds shall be pledged for
the payment thereof. Such bonds may be
issued to the contractor constructing the
lnlproVement IN payment thereof, or the
mayor and council may sell the same at
not less than their par value and pay the
proceeds thereof to the contractor or to
such person or persons as the city may
employ in the construction of such i'm
provementS. Such bonds shall not be is
sued in amount in excess of the actual
cost of the improvement, except that the
1nStallment coupons shall include the in
terest on all such installments to the ma
tur1ty thereof. The bonds shall be of
such denomination as the mayor and
council may deem proper. Where i'm
provement bonds are issued under this
is by law charged against specific prop
erty by special assessment, the mayor and
council shall levy special assessments
each year sufficient to redeem the INSTALL
ment of such bonds next thereafter ma
turing Such assessments Shall be made
upon the properties chargeable for the
costs of such improvements, respectively,
and shall be levied and collected in the
same manner as may be provided by law
for the levy and collection of special as
sesSmentS for the improvements where
no bonds are issued, except as otherwise
provided by this act; but the assessed
valuation liable for such cost which is
established for the first years assessment
shall be retained for the assessments of
the succeeding installments of such bonds.
The owner of any piece of property liable
for any such special assessment may re-
deem nT0nRrtV
paying the entire amount chargeable
against his property. upon the clerk mail
days before the issuance of the bonds,
and where any piece of property has been
any improvement as herein provided, such
property shall not thereafter be liable
to further special assessment for the cost
Of such Improvement. No suit to set aside
the said special assessments 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
days from the time when the amount due
on each lot or piece of ground liable for
raised by such assessments shall be ap-
piled toward the redemption of said bonds
such bonds or any part thereof are re-
deemed from general taxes provided fur
Their, that where the mayor and council
OF any city has not or may not
divide such city into more than one dis
| trict for sewer purposes, and such entire
city thus constitutes one sewer district,
such cities are hereby exempted from the
provisions of this act in so far as the
same provides for the levy of tax or
assessment against specific lots and pieces
! of ground in separate sewer districts and
! the thirty days notice to property owners,
as hereinbefore provided, and such cities
are hereby authorized to build and con-
struct sewers and sewer systems, and for
| the purpose of paying for the same the
| mayor and council may issue Improvement
| bonds of the same tenor and effect and
under the same restrictions as those here
| inbefOre mentioned, and such bonds and
| the interest thereon shall be paid out of
| a fund to be raised by the levy of tax
upon all the taxable real estate of such
| city at the assessed value thereof for
general revenue purposes, exclusive of
| improvements.
Sec. 2. That section SIS of the General
! Statutes of 1903 be and the same is here
| by repealed.
| Sec 3. This act shall take effect and
be in force from and after its publication
in the official state paper
hereby certify that the above bill orig
| mated in the Senate, and passed that body
! January IS, 1911.
Conference Report Adopted Feb IA, 1911.
RICHARD J. HOPKINS,
/ President of the Senate.
WALTER A. JOHNSON,
| Secretary of the Senate.
! Passed the House February II, 1911
Conference Report Adopted Feb. IA, 1911
G. H BUCHANAN,
! Speaker of the House.
| EARL AKERS.
| Approved February 18th, 1911.
W. r. STUBBS, Governor.
State of Kansas,
Office of the Secretary of State
| l. Chas H. Sessions, Secretary of State
of the State of Kansas, do hereby certify
| that the above and foregoing is a correct
| COPY of the original enrolled bill now on
IN TESTIMONY WHEREOF, I have
hereunto subscribed my name
| [SeaL1 and affixed my official seal
/ this Goth day of February, 1911
CHAS. H. SESSIONS,