The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-04-05
LEGAL.
Published in The Topeka State Journal,
April 5, 1911
HOUSE RILI, NO 4o5

L. III oesi1c
HOUSE BILL NO 425.
AN ACT relating to natural ,watercourses.
Be it enacted by the Legislature of the
State of Kansas:
Section 1. That the mayor and council
city in the state of Kansas in which there
is, or through which there flows, natural
the event of high water is liable to cause
injury to any bridge, street, alley, public
or private property, may, in order to pre-
vent said injury, construct the necessary
levees and embellishments, change and raise
the grade of streets and alleys and the
BRIDGES and make ali other improvements
necessary to protect the same; provided
however, that none of the provisions of
peal or affect the powers of drainage dis
trfcts now organized under the provisions
of chapter 215 of the Session Laws of 1903.
Sec. ,. That before making the improve
ments mentioned in section l of this act,
the mayor and council or the mayor and com
missioners of said city SHALL by resolution
duly passed, declare it necessary for the
public good and convenience that the "rop
erty in said resolution described be pro-
tected from the overflow of said water
course and shall require competent en-
gineer to make a survey thereof and file
the same with the city clerk of said city
with maps and profiles of said survey and
full and complete plan of protecting
said property from the overflow or dam
age by water of said watercourse and also
the physical characteristics and location of
any right OF way, roaQDeu, bridge or
bridges, streets and alleys and other prop
erty liable to be injured damaged by
the overflow of said watercourse. The said
engineer shall also make estimate of
the cost of the entire work and improve
ment required to protect said property,
Said 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
said watercourse. Said engineer shall make
a report in duplicate and file the same
! with the city clerk. Upon the approval of
said engineers report by the mayor and
council or mayor and commissioners of
said city, the city clerk of said city shall
Immediately cause one of said copies of
said engineers report to be filed with the
| Public Utilities Commission of the state of
| Kansas.
with the Public Utilities Commission of
the state of Kansas, said Public Utilities
Commission shall refer said report to
anime the same, and. if he deems it neces-
| sary, he shall make personal fnvestiga-
ton as =, to the location on OF said eont t,;n
| the same and to whether said improve
ments will accomplish the purpose for
suit Of his findings to said Public Utilities
Commission of the state of Kansas. in writ
of the state of Kansas, after receiving the
report of their said engineer. shall make
finding approving or ,disapprovng the
copy of which shall be Immediately for
warded to said city.
said engineers report by the mayor and
council or mayor and commissioners of
said city, and the Public Utilities Commits
and council mayor and commissioners
shall have the right to advertise for bids
and enter into a contract for said i'm
Sec s. That the mayor and council or
mayor and commissioners shall appoint
inf fnd IGotn nf fhc
said city to assess all damage to any and
all property that will be injured or dam
aged by reason of said improvement. In
fixing the amount. of injury or damage
to any property, said appraisers shall take
into consideration the benefit if any, that
said property will receive by. virtue OF
said improvements and if the benefit re-
ceived shall be equal to OF greater than
the damage or injury to said property
then in that event, no damage shall be al
lowed. Said appraisers, before entering
upon their duties such. shall first take
form their duties as such appraisers and
shall personally view, inspect and exam
inc all lots and pieces of ground, the build
ings thereon. rights of way, roadbeds
bridges, culverts, depot grounds. grades
streets, railway. telephone and telegraph
property and all other property liable .t t.
improvements being made Said report IL
to be in writing and filed with the city
clerk.
i See g. That at the next meeting, reg
u1ar special, of the mayor and council
mayor ana commissioners OF SAID CITY
after the filing of the report Of said ap
praisers, said mayor and council or mayor
and commissioners shall fix time an(
place for the hearing of all objections tt
the report of said appraisers. Said mayor
and council or mayor and commissioner
shall give notice thereof by causing pub
, lication to be published once in the off
. ciaI city paper at least ten days befors
the date set for said hearing.
Sec. Z. That the time and place fixet
| in said notice, the mayor and council o.
mayor and commissioners shall meet fo
the hearing of objections If they shall
find that due notice has not been given a
required by this act, they shall continue
| the hearing to date to be fixed by then
and order the publication of the notice a
lhereinbefore provided: and when they shall
find that due notice has been given, the!
!shall proceed to hear any all objections tina
J may have been filed to the final amour
of damage awarded by said assessors
against each lot. tract or parcel of land o
other property. and to that end they ma.
confirm. approve. modify amend tn
report of said appraisers in any particu
lar. and when they have. in said manner
adjusted. equalized and determined tn
amount of damage to the lands and othe
property as above required. less the ben
= efits accruing thereto. they shall enter al
order confirming the same. Said earini
may be adjourned from time to time a
said mayor and council or mayor and com
! missioners may determine
2 See. s. That all objections to the repor
of said appraisers must he in writing an
filed with the city clerk of said cit
|: forty eight hours prior 70 the time fixe
f for the herring of the same.
Sec 9. ANY person firm corporatfo
: who has filed objections and had heariu
. as herein provided. feeling aggrieved by tn
i decision and Judgment of the said mayo
and council or MAYOR and commissioner
: may appeal to the district eonrt within an
for the county in which said city is stu
afed uDOQ giving bond. conditioned til