The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-18


SENATE BILL No, 123.
AN ACT relating to cities of the first
class, amending sections 1017 1924 and
IVSe %, OF the General Statutes of Kansas
OF 1SU5, ana repeating original sections
10Y, 1924 and 1928 of the General stat
utes of Kansas of 1909
Be 1T enacted by the Legislature of thu
State of Kansas: e
Section L That section I017 of the Cen
e eEal statutes OF Kansas of 1909. be, and
follows: Sec. 1017. Before building or con-
strucnng any building, sidewalk, bridge.
pavement, sewer, or any other work in
/ any street, or any kind of work or i'm
provement shall be commenced bv the
mayor and council, or under their au-
thority, a detailed estimate of the cost
by the city engineer Cor some other com
petent person, selected by the mayor and
approved by the counciD, and said esti-
mate shall be submitted to the council:
and in all cases where the estimated cost
of the contemplated building work or
Improvement amounts to more than four
hundred dollars, sealed proposals for the
building or construction thereof shall be
invited by advertisement, published BY
the city clerk in the official city paper
Tor at least three consecutive days, and
the mayor and council shall let the work
by contract to the lowest responsible bid
oer' IL there be any such whose bid does
not exceed the estimate. If no RESPONSE
Bile person shall propose to enter into the
contract at a price not exceeding the
eSIlIndteQ cost, all bids shall be rejected
ana the same proceedings before re-
peated, until some responsible person by
sealed proposal shall offer to contract for
the work at a price not exceeding the
sponsible bid shall be received within the
estimate, the mayor and council, shall
ment within the estimated cost
thereof and shall further have the
power to purchase the necessary
necessary labor, construct
plant or plants for the purpose of carry
ing into effect the provisions of this act.
anything beyond the estimated cost or
the original contract price for doing such
work or making such improvements. Be
fore any work or improvements shall be
commenced, the money to pay for the
same must be set aside IN the city treas
ury by appropriation ordinance; and
it shall be the duty of the city treasurer
to take notice of such ordinance and be
governed thereby; or provision shall be
made for the issuance of internal improve
ment bonds to pay for such improvement.
Sec. 2. That section 1924 of the General
Statutes of Kansas of 1909, be. and the
same is, hereby amended to read as fol-
council shall appropriate private property
for opening, widening or extending any
appraisers, appointed by the mayor, by
and with the consent of the council, to
assess the damages caused thereby, shall
ascertain the actual value of the land
proposed to be taken without reference to
the projected Improvements, and the
actual damages IMAGES done to all other
of such value and damages, the
appraisers shall assess against the city
the amount of benefit to the public gen
orally, and the remainder of such dam
ages against the property within the
benefit district which shall, in the opin-
ion of said appraisers, be especially bene-
property especially benefited by the pro-
posed Improvement shall be designated
as the benefit district, which shall be
fixed by ordinance. The cost of such
condemnation shall be assessed against
the specific property embraced in said
benefit district, and shall be levied and
collected a special assessment, in ad-
dition to other taxes and assessments, and
shall be 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
ner as other taxes. Improvement bonds
of the city may be issued by the mayor
and council or board of commissioners
and the proceeds thereof applied in pay
ment of the cost of such opening same
may be paid out of the general improve
ment fund and replaced when said assess
ments are collected. Upon the taking effect
of the ordinance fixing the benefit dis
trict, the appraisers shall give at least
three days notice in the official city pa
per of their appointment and the boun-
diaries of said benefit district, and of
the time and place of their meeting for
the assessment of damages and benefits
The owner of any lot or piece of land La
deem his property from such liability by
paying the entire amount charged against
his property to the city treasurer at any
time before the issuance of any bonds
or before the assessments are certified to
the county clerk, if bonds are not issued
Any person feeling himself aggrieved oy
such award of benefit or DANA ges may
appeal therefrom within ten days after
the confirmation of said report by the
mayor and council. by serving a written
notice to that effect upon the mayor and
filing with the city clerk a bond, which
shall be approved by said clerk, condi-
toned that he appeals to the district
court and that he will faithfully prose
cute said appeal to effect, and that he
will pay all costs if he does not recover
that allowed him by said appraisers The
taking of said appeal shall not operate
in any manner to prevent the appropria-
ton of such property nor the right of
the city to take possession of the same:
provided. that before the city shall take
any such property for public use it shall
pay to the owner the amount fixed by
said appraisers, or deposit the same with
the city treasurer subject to said owners
order: and provided further, that after
said appeal Is finally disposed of the
city may elect whether it will pay the
amount awarded or relinquish its rights
to said land.
Sec. 3. That section 1928 of the General
Statutes of Kansas of 1909, be, and the
same is. hereby amended to read as