The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-22
Zeal.
Published in The Topeka State Journal
March p, 1881
SENATE BILL No L.


AN ACT relating to the construction of
| sewers in cities of the first class and
/ repeating original sections lit and IFS
| 1909
Be it enacted by the Legislature of the
! Section 1. That section 1177 of the Cen
i eral Statutes of Kansas of 1909, be and
ths same is hereby amended to read as
] class may create districts for the pur-
/ pose OF constructing and maintaining
main and intercepting sewers, and in
/ creating such districts, may include there
/ IN the whole or any part of any two or
| more sewer districts then or heretofore
established The lands which will be
/ especially benefited by the proposed sewer
| shall constitute such districts, and the
! boundaries of such districts shall be de-
| tracts of land situated in such sewer
| district shall, regardless, of assessments
| for any sewer or sewers heretofore levied
| thereon, be liable to special assessment
for the cost of such sewers, including the
| cost of acquiring, by condemnation or
| purchase, lands or any easement or right
and council, or board of commissioners,
| for the construction maintenance of
| such sewers. The cost and expense of
constructing such sewers and procuring
| r1ghts-of-way shall be assessed against
the lots or pieces of land contained in the
district in which the same is situated.
and the special assessment shall be levied
by the city and certified by the city clerk
to the county clerk, to be placed on the
| tax rolls for collection, subject to the
same penalties and collected in like man
ner as other taxes Such city may join
with any person, company or corporation
owning property adjacent to or adjoining
such city, but not within the city in the
construction of such main and intercept
Ing sewers and in acquiring rights of-way
therefor such terms and conditions as
may be determined on by the mayor and
council or board of commits sioners OF
such city; Negotiable ego bonds may be is
the cost of lands or any easement or
right therein acquired by condemnation
or purchase. in accordance with the law
providing for the issuing of bonds for
the construction of sewers by cities of
the first class having a population of less
than fifty thousand.
Sec. ?. That section 117S of the General
Statutes of Kansas of 1909 be- and the
same is hereby amended to read as fol-
lows: Sec ITS. Cities of the first class
quIre by purchase, lands, or any ease
ment therein, or right-of-way through
the same, necessary for the construction
and maintenance of sewers. When the
mayor and council or mayor and board
of commissioners shall deem it necessary
to appropriate by condemnation proceed
1ngs, any lands or any easement right
therein for the construction main
tenance of any sewer, within or without
the limits of such city, they shall cause
a plat of such land and a description
thereof and of the right of easement
therein deemed necessary to be made by
the city engineer and filed with the city
clerk, and shall thereupon consider the
same, and by ordinance take, appropriate
and condemn such land. easement right
therein. as may be necessary for such
purpose, and shall set forth in said ordi-
nance full description of the land, ease
ment or right therein necessary to be
taken, and shall appoint thereby three
appraisers to appraise the value of the
lands easement right therein taken,
and assess all damages accruing by rea-
son of the taking thereof Said appraisers
shall be freeholders and residents of the
city, well known for their intelligence in
tegrity and ability to consider and deter
mine such matters, and no person shall
be appointed as an appraiser who owns
any property liable to assessment on ac-
count of the proposed sewer, is in
any way interested in the construction
thereof Such appraisers shall within ten
days after their appointment qualify by |
filing with the city clerk of the city an
oath in writing to honestly and faithfully
perform their duties as such appraisers. |
Such appraisers shall give to all persons
owning having any interest in any
property sought to be taken or at
fected, at least ten days notice in writing /
OF the time and place when and where i
the damages therefor will be assessed, /
by one publication in the official newspa- |
per of such city, and at the time and !
place fixed in such notice shall, upon /
actual view, appraise the value of the |
lands, easement or right therein taken |
and assess the damages done on account |
of each lot or tract of land taken or |
affected, separately. Said appraisers may |
adjourn from time to time, may be |
by them deemed necessary, and may dur |,
ing any adjournment perfect or correct |
any error or omission in the giving of |
notice by the serving of a new notice |
or the making of a new publication or |
the citing of any person not notified |
tice was given, and notice of any such |
adjourned meeting shall be as effective |
as notice of the first meeting of such APP
praiSers, and such appraisers shall, with
in thirty days after their appointment /
make a final report in writing and file
the same in the office of the city clerk |
mi fn nv raj 9th
corporation may be served upon any Off |
Ger, station, freight or ticket agent there |
of or other servant or agent who may be
found actually engaged in the business OF |
the corporation in the city upon any
other owner found within the city, in lieu
of such notice by publication. SAID APP
praisers shall ir their report describe
separately each lot or tract of land taken
Or affected and state the interest in such
ed for the purpose of constructing or
such sewer. and the name of
the owner thereof. if known to them, and
shall appraiSe each owners interest and
assess his da mage separately, if his title
can be ascertained from the public rec
ords in the office of the register of deeds.
The mayor and council or the mayor and
board of commissioners shall upon the
filing BY said appraisers of their report
fix a time at a regular meeting of the
CITY council or board of commissioners of
the city for the consideration thereof and
of al objections thereto and the ma yor
shall cause a notice of the time when said
report will be considered to be given to
all persons interested therein by one pub
LEGATION thereof, at least ten days prior
to such time. At said meeting the mayor |
End council or the mayor and commits
sioners shall confirm reject said re-
port, and may confirm amend or reject
the same in whole or in part, and II
the report of said appraisers be rejected
as to any property, the mayor and council
or the mayor and board of commissioners
may at once reappoint otner appraisers
to assess damage for the taking of such
property. Any person being or claiming
to be the owner of any property or any
interest therein so condemned appro-
priated and deeming himself aggrieved
by the award of damages so made as
TO his property Iuay appeal from such
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