The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-22
Published in The Topeka State journal
March q, 1881
HOUSE BILL No. sS4.

repeannS SAID original SecIlOn, INSOFAR DIS
it applies to cities of 5000 or less.
Be it enacted by the Legislature of the
State of Kansas:
Section l. That section 1909 of the Gen
eraI Statutes of Kansas of 1909 in SO far
as 1t applies to cities of $4,000 or less, pe
and the same is hereby amended so as to
mayor and council shall deem it necessary
to curb. gutter, pave, macadamlze or
grade, or recurb, regutter, repaVe, re-
macadamize or regrade, any street, lane.
avenue, alley, or any part thereof, o.
build or construct any sewer within the
limits of the city, for which special tax
is to be levied, such mayor and council!
shall by resolution declare such work or
improvement necessary to be done, and
such resolution may be published for six
days in the official paper of the city, IL
the same be daily paper or for two
consecutive weeks, if the same be week
~, and if majority of the resident own
ers owning majoriy In square feet Of the
lots or real estate uable to taxation there
for shall not within twenty days thereaf-
ter file with the clerk of said city
their protest in writing against such i'm
provement, then such mayor and council
shall have power to- cause such improve
ment to be made, and to contract there
for, and to levy taxes as provided by law
and the work may be done before, duri1
or after the collection of the spe-
cfal assessment, as may be deemed
proper by the mayor and council;
but none of the provisions of this act
snail prevent the mayor and council from
grading or regarding any street, lane, or
alley, or part I0eT6OIy ana pay LIeT6I -
out of the general improvement fund Of
such city provided, that in all cities OF
the first class having a population of less
than 5000, the mayor and council or
mavor and commissioners when they
deem it necessary to be done, and for the
general welfare of such city, may by res
olution, regardless of any protest, order
the whole or any part of any street which
extends from any other paved or macad-
amized street to any depot or cemetery IN
or adjoining such city, or any street
which extends from the main business
street from the main business center
OF such city to any depot or cemetery
within or adjoining such city, or any
street, not to exceed four in number,
which extends from the principal business
center of such city to and is connected
with any main public highway leading to
or from such city to be graded, paved.
curbed guttered, macadamized, or to be
Tepaved, recurbed, reguttered or
cause such improvements to be made, and
to contract for the making of the same.
and to levy taxes to pay the expenses oil
such improvements: provided, the city at
large shall pay the expenses of grading
such street or streets and all expenses OF
the areas or intersections formed by the
crossing of streets and alleys, and all
crossings of streets and alleys; and i'll
addition thereto one-third of the expenses
of curbing, guttering. paving and ma
each block of such street or
streets between cross streets, and Of
paving, curbing, matchmaking, or gut
tering along each lot or piece of unplat-
two-thirds of the expense of gutterfng,
paving. curbing, matchmaking and OF
recurbing. regutering, repaVlng. rema-
any block in such street be-
tween the cross streets, or any such
street along an unplatted lot or
piece of land in such city, adjoiL-
ing or abutting on such street, shall be
assessed to the adjoining property by
special assessment, and except as to the
amount assessed against such adjoining
property, the adjoining property shall be
annraiSed and assessed to the extent ana
in the manner provided by law for paying
the expenses of paving, repaving, gutter
ing reguttering, macadamizing, rema-
streets and alleys in cities of
the first class when protest may be made,
and such cities are authorized to issue
bonds in the manner pro-
vided in sections 154 and 1856 of chapter IL
of the Laws of 1903 to pay the expenses
of any such improvements, but In est!-
mating the expenses of any such improve
ments for which the city or adjoining
shall be liable, it shall be the
duty of the city to deduct from the ag-
gregate expense of such improvements
the amount or proportion of the expense
for the payment of which any street rail
way company or other railway company
shall be liable, and street railway
company or other railway companies shall
De relieved by reason of this act from any I
AK or assessment for winch II is now ma
ole under any statute for any street ip-
provided, that in cities of tire
Llrst class having population of over !
S 600 no resolution to pave, macadam1ze !
~, grade or repave rernacadamize, or re-
grade any street, lane alley, shall be
valid unless a petition asking such i'm |
3rovement has been ordered spread upon |
he journal which petition must be |
signed by the resident owners of not less |
han one-half of the feet fronting or
,butting upon such street. lane or alley 10
De improved; and provided further, that /
he feet fronting or abutting upon such |
street, lane or alley owned or held by per |
sons not resident of said city shall not De /
aiken into account in determining the SUI J
iciency of any such protest or any such (,
petition. In ease of paving, such petition ,
;hall state the width of the paving ana |
he kind of material to be used, but such 1
shall not include the naming of |
he brand of material or the name of the |
thereof
Sec. ;. That said section 1909 of the i
General Statutes of Kansas of 1893, be ana |
he same is hereby repealed (;
Sec. 3. This act shall take effect and he
n force from and after its publication in |
he official state paper.
hereby certify that the above Bill or
ginated in the House, and passed In II
,ody February g, 1913.
Concurred in Senate Amendments March |
1913.
w. L. BROWN,
Speaker of the House.
GEO. E. ROGERS,
Chief Clerk of the House.
Passed the Senate March 3, 1913.
L. P. KING,
Pres. Pro Tenn. of the Senate.
BURT E. BROWN,
Secretary of the Senate.
Approved March IL. 1913.
GEO. H. HODGES
Governor. 1
State of Kansas. |
Office of the Secretary of State
l. CHAS. H. SESSIONS, Secretary of |
tate of the State of Kansas. do hereby
Gritty that the above and foregoing is
correct copy of the original enrolled bill
ow on file in my office.
IN TESTIMONY WHEREOF. 1 have
hereunto subscribed my name
ISeall and affixed my official seal
this 18th day of March, 1873
CHAS. Fl. SESSIONS.
Secretary of State. !