reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-6,104 Same; publication of joint resolution; mailing of assessment notices; protest petition and election; qualified elector defined.

12-6,104.
Same; publication of joint resolution; mailing of assessment notices; protest petition and election; qualified elector defined.
Notwithstanding the provisions of K.S.A. 12-6a06, whenever a joint storm water drainage district is created under K.S.A. 12-6,102, the governing body of the city and the board of county commissioners of the county shall publish the joint resolution creating the district once each week for two consecutive weeks in the official newspaper of the county. At the same time as the joint resolution is published for the last time, the city or county clerk shall mail to the owners of the property made liable to pay an assessment at their last known post office address, a notice that a joint resolution has been adopted to create the joint storm drainage system and a statement of the cost proposed to be assessed against the land so owned. If, within sixty (60) days following the last publication of the resolution and the mailing of the notices to the individual landowners, a petition protesting the creation of the district signed by not less than five percent (5%) of the qualified electors of the proposed district is filed with the county election officer, no district shall be created unless the proposition has been submitted to and approved by a majority of the qualified electors of the district voting at an election called and held thereon. Qualified elector for the purpose of this act shall mean any person eighteen years of age or over who is a resident of the proposed joint storm drainage district or who owns land within the proposed district. Such election shall be noticed, called and held in the manner prescribed for the noticing, calling and holding of elections under the general bond law.
History:
L. 1980, ch. 58, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-6,105 Limitation on actions to set aside special assessments under civil rights statute.

12-6,105.
Limitation on actions to set aside special assessments under civil rights statute.
(a) It is in the public interest to allow local units of government to finance the costs of public improvements by levying special assessments against the property which benefits from the improvements. It also is in the public interest, following timely notice and the opportunity to protest the levying of special assessments at a public hearing, that all challenges to the validity of the special assessments or to the proceedings relating thereto be commenced and resolved in a prompt and timely manner in order to avoid delay and increased public expense for the public improvements.
(b) No suit, brought under any federal civil rights statute, to set aside any special assessments levied against property pursuant to the laws of this state or to otherwise question the validity of the proceedings relating thereto shall be brought after the expiration of 90 days from the publication of the ordinance, resolution or other order fixing the special assessments.
History:
L. 1984, ch. 58, § 1; April 19.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-6,110 Public improvements, costs; installment payments; delay in payment of assessments; bonds.

12-6,110.
Public improvements, costs; installment payments; delay in payment of assessments; bonds.
Whenever the governing body of any city authorizes the construction of any public improvement, the expense of which is chargeable to a benefit district, the governing body may provide for the payment of the cost thereof by installments, instead of levying the entire tax or special assessment for such cost at one time. In addition, the governing body may authorize and provide for a delay in the payment of such assessments subject to the conditions and in the manner provided in this act. The governing body may issue internal improvement bonds of the city to pay the cost of such improvements. The procedure for assessing and collecting the installments, or for redeeming lands from special assessments, for bonds issued for the construction of public improvements shall be the same as for bonds issued for paving, so far as the same is applicable, and for the cost of such public improvements as are made payable out of the general improvement fund of the city. The governing body also may issue general improvement bonds of the city, and such bonds and the interest thereon shall be paid by the levy of a general tax on all the property in the city.
History:
R.S. 1923, § 13-1018; L. 1937, ch. 132, § 1; L. 1941, ch. 122, § 10; L. 1945, ch. 113, § 1; L. 1947, ch. 138, § 1; L. 1951, ch. 151, § 1; L. 1969, ch. 95, § 1; L. 1981, ch. 80, § 1; L. 1991, ch. 64, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-6,111 Same; delay in payment of special assessments; financial analysis; extension; payments due, when.

12-6,111.
Same; delay in payment of special assessments; financial analysis; extension; payments due, when.
The governing body of any city may authorize and provide for a delay in the payment following a financial analysis of special assessments for the cost of constructing public improvements in unplatted and undeveloped areas of the city. The governing body of such city may provide for a delay in the commencement of payment of some or all special assessments upon such property for a designated period of not to exceed 15 years or until such property is platted or developed if the same occurs prior to the conclusion of the period designated. In the event a benefit district is not developed to 50% of its area, an additional extension of 10 years before commencement of payments may be granted in the benefit district. All such assessments shall be due and payable at the time such property is platted or developed or at the expiration of the designated period. The payments for land which has not been platted or developed within the extension period shall become due and payable in a like manner as if the time for the payment of special assessments had not been delayed and extended.
History:
L. 1969, ch. 95, § 2; L. 1981, ch. 80, § 2; L. 1991, ch. 64, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-6,112 Same; ordinance requirements; notation of "payment delayed"; collection of assessments.

12-6,112.
Same; ordinance requirements; notation of "payment delayed"; collection of assessments.
Ordinances levying special assessments for the costs of constructing public improvements upon property for which the city has granted a delay in payment shall state the period of the delay granted. The city clerk shall when certifying such special assessments to the county clerk, note thereon the words "payment delayed" and the period for which such delay has been granted. Such special assessments, when levied and certified and when they become due shall be collected as other taxes.
History:
L. 1969, ch. 95, § 3; L. 1981, ch. 80, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-6,113 Same; undeveloped areas defined.

12-6,113.
Same; undeveloped areas defined.
For the purpose of this act, undeveloped areas shall mean those areas which:
(a) Are in excess of 21/2 acres;
(b) have not been platted;
(c) are primarily used for agricultural purposes; and
(d) have a population density of less than one family per acre.
History:
L. 1969, ch. 95, § 4; L. 1981, ch. 80, § 4; L. 1991, ch. 64, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-6,114 Same; principal and interest payments during delayed period; revenues from public improvement charges; assessment of costs incurred by city.

12-6,114.
Same; principal and interest payments during delayed period; revenues from public improvement charges; assessment of costs incurred by city.
Whenever the governing body of any city shall grant a delay in the payment of assessments under the provisions of this act, such governing body shall provide for the payment of the principal and interest of bonds issued for the payment of the costs of such improvement during the period for which such delay has been granted by the levy of a tax upon all of the taxable property of the city in the manner provided for the payment of bonds payable by the city at large. That portion of the bonds issued for the payment of the costs of constructing public improvements which are payable by the city at large during the period granted as a delay in the payment of assessments shall be considered bonds payable by the city at large and not bonds the cost of which are payable from special assessments. Revenues derived from any service charges derived from such improvements may be used to pay the principal and interest thereon. All costs incurred by the city at large by reason of and during the time of the delay in the payment of assessments shall be paid by special assessments against the property against which such costs were originally assessed and the proceeds thereof paid into the general bond and interest fund of the city. In no event shall said amount exceed the original assessment plus prorated interest which would have been charged initially for a ten-year installment payment schedule.
History:
L. 1969, ch. 95, § 5; L. 1981, ch. 80, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-6,121 Acquisition by city of sewerage system created by county; procedure; financing of costs.

12-6,121.
Acquisition by city of sewerage system created by county; procedure; financing of costs.
(a) As used in this act:
(1) "City" means any city located in the state of Kansas.
(2) "County" means any county located in the state of Kansas.
(3) "Sewerage system" means sewers, mains, pumping stations, treatment works, storage facilities and all other appurtenances to the collection, storage, treatment and disposal of sewage or waste water.
(b) The governing body of any city and the board of county commissioners of any county may enter into an agreement pursuant to K.S.A. 12-2901, et seq., and amendments thereto, providing for the transfer to the city a sewerage system, or any part thereof, in a sewer district created by the county whether located inside or outside the corporate limits of such city.
(c) Any outstanding bonded indebtedness and other liabilities incurred by a sewer district created to pay for the construction and operation of the sewerage system, that exist at the time of the transfer pursuant to an agreement authorized by subsection (a), shall be and remain an obligation of the district. Any and all special assessments or other charges assessed against the property in the district for the payment of the cost of the sewerage system shall remain an obligation of the property assessed and shall be payable by the property owners until the outstanding debt is paid.
(d) The governing body of the city may agree to assume any or all of the outstanding debt and other liabilities of the district. The governing body of the city may issue general obligation bonds of such city to acquire the sewerage system and pay the outstanding debt and liabilities assumed thereby when acquiring such sewerage system.
All costs incurred by the city pursuant to an agreement authorized by subsection (b) may be paid by the city at large or from the general improvement fund, general revenue fund, internal improvement fund, or any other fund or funds of such city which are available for such purposes.
(e) This act shall be supplemental to all other acts relating to the financing of sewerage systems and shall not preclude the use of other statutes or home rule authority pursuant to section 5 of article 12 of the Kansas constitution for the making and financing of all or any part of such systems.
History:
L. 1994, ch. 244, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-6,123 Disclosure by seller; acknowledgment.

12-6,123.
Disclosure by seller; acknowledgment.
As part of the contract or prior to the execution of a contract for the sale of any real property which is subject to a special assessment or fee pursuant to K.S.A. 12-601 et seq., and amendments thereto, the seller of the property shall disclose to the buyer that the property is subject to such special assessment or fee or located in an improvement district created pursuant to K.S.A. 12-601 et seq., and amendments thereto. If the amount of such special assessment or fee is unknown, the seller shall make a good faith estimation of such amount. The seller of the property shall obtain a written acknowledgment from the buyer that the buyer is aware of such assessment or fee or that the property is located in an improvement district created pursuant to K.S.A. 12-601 et seq., and amendments thereto.
History:
L. 2003, ch. 156, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a02 Same; special assessments; work or improvements authorized.

12-6a02.
Same; special assessments; work or improvements authorized.
As a complete alternative to all other methods provided by law, the governing body of any city is hereby authorized to make, or cause to be made, municipal works or improvements which confer a special benefit upon property within a definable area of the city and may levy and collect special assessments upon property in the area deemed by the governing body to be benefited by such improvement for special benefits conferred upon such property by any such municipal work or improvement and to provide for the payment of all or any part of the cost of the work or improvement out of the proceeds of such special assessments as hereinafter provided. Such work or improvements may include the following without limitation because of enumeration:
(a) Acquisition of (1) property or interest in property when necessary for any of the purposes authorized by this act and (2) any improvement authorized to be constructed under this act.
(b) To open, widen and extend streets and otherwise to improve paving and other surfacing, gutters, curbs, sidewalks, crosswalks, driveway entrances and structures, drainage works incidental thereto, and service connections from sewer, water, gas and other utility mains, conduits or pipes necessarily lying within curb lines.
(c) To improve main and lateral storm water drains and sanitary sewer systems and appurtenances thereto.
(d) To improve street lights and street lighting systems.
(e) To improve waterworks systems owned by the city and water distribution systems owned and operated by a water district established pursuant to K.S.A. 19-3501 et seq., and amendments thereto.
(f) To improve parks, playgrounds and recreational facilities.
(g) To improve any street or other facility by landscaping, planting of trees, shrubs and other perennial plants.
(h) To improve dikes, levees and other flood control works, gates, lift stations, bridges and streets appurtenant thereto.
(i) To improve vehicle and pedestrian bridges, overpasses and tunnels.
(j) To improve retaining walls and area walls on public ways or land abutting thereon.
(k) To improve property for off-street parking facilities including construction and equipment of buildings thereon for such purpose.
(l) Asbestos control projects and lead control projects.
History:
L. 1957, ch. 99, § 2; L. 1959, ch. 72, § 1; L. 1996, ch. 231, § 8; L. 1998, ch. 45, § 1; L. 2007, ch. 171, § 3; May 17.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a03 Same; combining improvements.

12-6a03.
Same; combining improvements.
Any improvements, on or adjacent to two or more streets, or two or more types of improvements in, on or adjacent to the same street or streets may be included in one proceeding and constructed and financed as one improvement.
History:
L. 1957, ch. 99, § 3; June 29.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a05 Same; preparation of preliminary plans; reports; plans and specifications; estimates; bids.

12-6a05.
Same; preparation of preliminary plans; reports; plans and specifications; estimates; bids.
Before the adoption of a resolution ordering a hearing on the advisability of any improvement, as provided in K.S.A. 12-6a04, the governing body may secure a feasibility report to assist in the determination of whether an improvement should be made as proposed or otherwise, or in combination with other improvements authorized by this act, together with a preliminary estimate of the cost of the improvement or combination of improvements. The report may be prepared by qualified officers of the city or by consultants. The governing body may also take such other preliminary steps prior to the hearing or before ordering any improvement or letting any contract, including among other things, the preparation of plans and specifications, estimates of costs of the improvement and the advertisement for bids thereon, as will in its judgment be of assistance in determining the feasibility and desirability of the improvement.
History:
L. 1957, ch. 99, § 5; June 29.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a06 Same; action by governing body; protests.

12-6a06.
Same; action by governing body; protests.
The governing body may, by a majority vote of the entire members-elect, at any time within six months after the final adjournment of the hearing on the advisability of making the improvements, adopt a resolution authorizing the improvement in accordance with the finding of the governing body upon the advisability of the improvement, as provided in K.S.A. 12-6a04, and amendments thereto, which shall be effective upon publication once in the newspaper, except that the improvement shall not be commenced if, within 20 days after publication of the resolution ordering the improvement, written protests signed by both 51% or more of the resident owners of record of property within the improvement district and the owners of record of more than half of the total area of such district are filed with the city clerk. Whenever adjoining parallel streets have been improved, and the proceedings are to improve the intervening connecting street to the same extent as the streets to be connected, or when two portions of any street have been improved and an intervening portion not exceeding two blocks has not been improved, and the proceedings are to improve such intervening portion to the same extent as the improved portions, the improvement shall not be commenced if, within 30 days after publication of the resolution ordering the improvement, written protests are signed by both 75% of the resident owners of record of such property and the owners of record of 75% of the total area of such property are filed with the city clerk. When the proceedings are to improve sanitary and storm water sewers, no protest shall be accepted by the city clerk and such improvements may be made regardless of protests. The genuineness of the signature and addresses of all signers of each protest shall be verified by some signer of such protest. The governing body shall be judge of the sufficiency of any protest and its decision shall be final and conclusive, except that names may be withdrawn from any protests by the signers at any time before the governing body shall convene its meeting to determine the sufficiency thereof.
History:
L. 1957, ch. 99, § 6; L. 1997, ch. 97, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a07 Apportionment of cost of improvement.

12-6a07.
Apportionment of cost of improvement.
(a) The city may pay such portion of the cost of the improvement as the governing body may determine, but not more than ninety-five percent (95%) of the total cost thereof. The share of the cost to be paid by the city at large shall be paid in the manner provided by K.S.A. 12-6a14.
(b) If any property deemed benefited shall by reason of any provision of law be exempt from payment of special assessments therefor, such assessment shall, nevertheless, be computed and shall be paid by the city at large.
History:
L. 1957, ch. 99, § 7; L. 1968, ch. 305, § 1; L. 1978, ch. 58, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a08 Financing costs; assessment plan; classifications, formulae and methods of assessment.

12-6a08.
Financing costs; assessment plan; classifications, formulae and methods of assessment.
(a) The portion of the cost of any improvement to be assessed against the property in the improvement district as determined in K.S.A. 12-6a04, and amendments thereto, shall be apportioned against the property in accordance with the special benefits accruing thereto by reasons of such improvement or in accordance with the provisions of any petition submitted pursuant to subsection (b) or (c) of K.S.A. 12-6a04, and amendments thereto. The cost may be assessed equally per front foot or per square foot against all lots and pieces of land within such improvement district or assessed against such property according to the value of the lots and pieces of land therein as determined by the governing body of the city with or without regard to the buildings and improvements thereon or as set forth in the petition requesting such improvement or the cost may be determined and fixed on the basis of any other reasonable assessment plan which will result in imposing substantially equal burdens or shares of the cost upon property within the improvement district similarly benefited. The governing body may from time to time determine and establish by ordinance reasonable general classifications and formulae for the apportionment of the cost between the city and the area to be assessed, and the methods of assessing the special benefits, for various classes of improvements.
(b) This section shall not be construed to limit the adoption of any assessment plan for any improvement that recognizes varying benefit levels to property within the improvement district and imposes assessments in relation thereto.
History:
L. 1957, ch. 99, § 8; L. 1959, ch. 72, § 3; L. 1983, ch. 63, § 1; L. 2003, ch. 120, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a10 Levy of assessments; interest rates; payment in full, when; payments by taxing units.

12-6a10.
Levy of assessments; interest rates; payment in full, when; payments by taxing units.
At such meeting, or at any adjournment thereof, the governing body shall hear and pass upon all such objections to each proposed assessment, if any, and may amend the proposed assessments as to any parcels, and thereupon by ordinance levy the same as the special assessments against the lands described in the assessment roll. The assessments, with accrued interest, shall be levied as a special tax upon the property included therein concurrent with general property taxes, and shall be payable in not more than 20 equal annual installments, as the governing body determines. The first installment shall be payable at the time of the first payment of general property taxes following the adoption of the assessment ordinance unless such ordinance was adopted and certified too late to permit its collection at such time. All assessments shall bear interest at such rate as the governing body determines, not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto.
Interest on the assessment between the effective date of the ordinance levying the assessment and the date the first installment is payable, but not less than the amount of interest due during the coming year on any outstanding bonds issued to finance the improvement, shall be added to the first installment. The interest for one year on all unpaid installments shall be added to each subsequent installment until paid. All of the installments, together with the interest accrued or to accrue thereon, may be certified by the city clerk to the county clerk in one instrument at the same time, and such certification shall be good for all of the installments, and the interest thereon payable as special taxes. Such assessment shall be collected and paid over to the city treasurer in the same manner as other taxes of the city are collected and paid. The owner of any property so assessed may at any time prior to a date which shall be fixed by the governing body pay the whole of the assessment against any lot or parcel with interest accrued to the date of payment to the city treasurer. The board of county commissioners and the governing body of any school district or other taxing unit, respectively, shall provide for and pay the amount assessed against property owned by them as provided by K.S.A. 79-1808, and amendments thereto, or they may pay the amounts so assessed from their general funds.
History: L. 1957, ch. 99, § 10; L. 1970, ch. 64, § 100; L. 1987, ch. 68, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a11 Same; limitation on action to set aside assessments.

12-6a11.
Same; limitation on action to set aside assessments.
No suit to set aside the said assessments or otherwise question the validity of the proceedings shall be brought after the expiration of thirty (30) days from the publication of the ordinance fixing said assessments.
History:
L. 1957, ch. 99, § 11; June 29.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a12 Same; supplemental assessments; reassessments and new assessments, when.

12-6a12.
Same; supplemental assessments; reassessments and new assessments, when.
(a) Upon notice and hearing as provided for in the original assessment, the governing body may make supplemental assessments to correct omissions, errors or mistakes in the assessment relating to the total cost of the improvement.
(b) When an assessment is, for any reason whatever, set aside by a court of competent jurisdiction as to any parcel or parcels of land, or in event the governing body finds that the assessment or any part thereof is excessive or determines on advice of counsel in writing, that it is or may be invalid for any reason, the governing body may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to such parcel or parcels.
History:
L. 1957, ch. 99, § 12; June 29.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a13 Improvements; special improvement fund; tax levy, use of proceeds; limitation on fund.

12-6a13.
Improvements; special improvement fund; tax levy, use of proceeds; limitation on fund.
Any city proposing to make any improvements under the authority of the act may by ordinance establish a "special improvement fund" in the city treasury, and levy an annual tax on the assessed taxable tangible property of the city for the purposes of such fund and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto. Such fund may be used to pay the cost of planning any improvement hereunder and for preparing preliminary plans, studies and engineering reports preparatory to the consideration of the feasibility of any improvement and to pay the initial cost of such improvements when ordered by the governing body and until temporary notes or improvement bonds shall have been issued and sold, except that such fund shall be reimbursed from the proceeds of such improvement bond funds. The special improvement fund shall not exceed one percent (1%) of the total assessed tangible valuation of the city for the preceding year or one hundred thousand dollars ($100,000), whichever amount is less. Such fund need not be budgeted for expenditure during any year but the amount thereof shall be stated in the published budget of expenditures. All grants in aids or contributions made to the city for planning and preparation of plans for improvements made under this act may be credited to the special improvement fund and the amount of such aid or contribution shall be in addition to the amount of such fund otherwise limited by this section.
History:
L. 1957, ch. 99, § 13; L. 1970, ch. 69, § 7; L. 1975, ch. 494, § 7; L. 1979, ch. 52, § 34; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a14 Same; cost of improvements, how paid; limitations.

12-6a14.
Same; cost of improvements, how paid; limitations.
The total cost of any improvement made under the authority of this act shall be paid as follows:
(a) All costs made payable by the city at large which may be paid from general funds legally available for such purposes or from other general improvement funds available for such purposes may be paid from such funds.
(b) Costs payable by special assessments which have been paid in full prior to the date set by the governing body as provided in K.S.A. 12-6a10, and amendments thereto, shall be paid from assessments so collected.
(c) Costs payable by special assessments, to be paid in installments, and costs made payable by the city at large and not payable from available general funds, or other general improvement funds available to the governing body for such purpose, shall be paid by the issuance and sale of bonds of the city as provided by law.
(d) During the progress of any improvement the governing body may issue temporary notes of the city as provided by law or may issue special obligation temporary notes of the city to pay such costs, and upon completion of the work, bonds of the city shall be issued and sold as provided hereinbefore.
(e) The costs of more than one improvement may be paid from a single issue and sale of bonds without other consolidation of the proceedings prior to the bond issue.
(f) The amount of any such general obligation bonds outstanding at any one time shall not exceed the bonded debt limitations of such city under the provisions of any law applicable thereto.
(g) Any city may also issue special obligation bonds to refund any bonds and repay any temporary notes previously issued under this act.
History:
L. 1957, ch. 99, § 14; L. 1959, ch. 72, § 4; L. 2007, ch. 171, § 4; May 17.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a15 Same; bond elections, when.

12-6a15.
Same; bond elections, when.
The governing body of any city proposing to issue general obligation bonds of the city for payment of any portion of the costs of any improvement authorized by this act may by resolution submit the question of issuing such bonds at a general or special election called for that purpose, and if such election be called, no such bonds shall be issued until and unless a majority of the electors voting on the proposition shall have given their approval to the issuance of such bonds.
History:
L. 1957, ch. 99, § 15; June 29.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a16 Same; separate improvement funds; uses; balances.

12-6a16.
Same; separate improvement funds; uses; balances.
A separate fund shall be created in the city treasury for each improvement or combination of improvements and such fund shall be identified by a suitable title. The proceeds from the sale of bonds and temporary notes and any other moneys appropriated thereto by the governing body shall be credited to such fund. Such fund shall be used solely to pay the costs incurred in the making of the improvement, and upon the completion of the improvement, the balance thereof (if any) shall be transferred and credited to the city bond and interest fund.
History:
L. 1957, ch. 99, § 16; June 29.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a17 Service assessments; collection; no-fund warrants; limitation on actions.

12-6a17.
Service assessments; collection; no-fund warrants; limitation on actions.
(a) The governing body of any city, in addition to any other authority provided by law, may provide for and charge all or any part of the cost of any work performed by the city which is deemed necessary as a result of the failure of any person to perform any work which has been made such person's duty to perform by law or ordinance.
(b) Such service assessment shall be made by ordinance after a statement of the costs has been given the owner or other person and not less than sixty (60) days thereafter, during which time the charge may be paid without interest to the city treasurer. All such moneys shall be credited as a reimbursable item to the fund or funds of the city from which the cost of such services by the city are paid or payable.
(c) Any service assessment may be paid in one (1) installment or over a period of not to exceed three (3) years in equal annual installments with interest from the date of issuance of any no-fund warrant hereinafter authorized.
(d) The governing body may let any of the aforesaid service work to contract or order the work by force account and issue no-fund warrants to pay the cost thereof in an amount not in excess of the contract or the cost of materials and labor necessary to the service performed. Such warrants may be issued to be payable over a period of three (3) years from and after January 1 of the year following the certification of the assessment to the county clerk.
(e) The aforesaid no-fund warrants shall be issued and registered as provided by K.S.A. 79-2940 and bear interest at not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009 until paid: Provided, It shall be sufficient that the warrants recite that they are issued under the authority of the city governing body and by virtue of this act. Such warrants shall be redeemed and paid by the county treasurer as by law provided.
(f) All unpaid service assessments shall be certified by the city clerk to the county clerk with interest on the unpaid installments at the rate fixed by the no-fund warrants.
(g) No suit to set aside the said assessments shall be brought after the expiration of thirty (30) days from the publication of the ordinance fixing said assessments.
History: L. 1957, ch. 99, § 17; L. 1970, ch. 64, § 10; March 21.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a20 Disclosure by seller; acknowledgment.

12-6a20.
Disclosure by seller; acknowledgment.
As part of the contract or prior to the execution of a contract for the sale of any real property which is subject to a special assessment or fee pursuant to K.S.A. 12-6a01 et seq., and amendments thereto, the seller of the property shall disclose to the buyer that the property is subject to such special assessment or fee or located in an improvement district created pursuant to K.S.A. 12-6a01 et seq., and amendments thereto. If the amount of such special assessment or fee is unknown, the seller shall make a good faith estimation of such amount. The seller of the property shall obtain a written acknowledgment from the buyer that the buyer is aware of such assessment or fee or that the property is located in an improvement district created pursuant to K.S.A. 12-6a01 et seq., and amendments thereto.
History:
L. 2003, ch. 156, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a26 Community improvement district act; purposes of act.

12-6a26.
Community improvement district act; purposes of act.
(a) The provisions of K.S.A. 12-6a26 through 12-6a36, and amendments thereto, shall be known and may be cited as the community improvement district act.
(b) The powers conferred by this act are for economic development purposes and any other purpose for which public money may be expended.
History:
L. 2009, ch. 122, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a28 Same; creation of district for financing projects; petition request, contents; findings; establishment of district.

12-6a28.
Same; creation of district for financing projects; petition request, contents; findings; establishment of district.
(a) In addition to any other power provided by law and as a complete alternative to all other methods provided by law, the governing body of any municipality may create a district as provided by this act for the purpose of financing projects. Under this section, a municipality may create a district, or may modify a district previously created under this section, upon receipt of a petition that is signed by the owners of all of the land area within the proposed district, and is both (1) seeking financing only by assessments and (2) not seeking the issuance of full faith and credit bonds pursuant to this act. The petition shall contain:
(A) The general nature of the proposed project;
(B) the estimated cost of the project;
(C) the proposed method of financing the project;
(D) the proposed amount and method of assessment;
(E) a map of the proposed district; and
(F) a legal description of the boundaries of the proposed district.
(b) Names may not be withdrawn from the petitions by the signers thereof after the governing body commences consideration of the petitions or later than seven days after the filing of such petition with the clerk of the municipality, whichever occurs first. The petition shall contain a notice that: (1) The names of the signers may not be withdrawn after such a period of time; and (2) the signers consent to any assessments to the extent described therein without regard to benefits conferred by the project.
(c) Upon filing of the petition pursuant to this section, the governing body may proceed without notice or a hearing to make findings by resolution or ordinance as to the nature, advisability and estimated cost of the project, the boundaries of the district and the amount and method of assessment. Upon making such findings, the governing body by majority vote may authorize the project in accordance with such findings as to the advisability of the project. The resolution or ordinance shall be effective upon publication once in the newspaper.
(d) The district boundaries and the method of financing for the project shall not require that all property that is benefited by the project, whether the benefited property is within or without the district, be included in the district or be subject to an assessment.
(e) Following authorization of the project, the ordinance or resolution establishing the district shall be submitted for recording in the office of the register of deeds of the county in which the district is located.
History:
L. 2009, ch. 122, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a30 Same; special assessments for projects; reduction or elimination of annual installments of assessments; prepayment of assessments.

12-6a30.
Same; special assessments for projects; reduction or elimination of annual installments of assessments; prepayment of assessments.
(a) In addition to any other power provided by law and as a complete alternative to all other methods provided by law, the governing body may make, or cause to be made, projects identified in the petition submitted pursuant to either K.S.A. 12-6a28 or 12-6a29, and amendments thereto, and may levy and collect special assessments upon property in the district and provide for the payment of all or any part of the cost of the project out of the proceeds of such special assessments. If special assessments shall be levied to finance all or a portion of the cost of a project, the municipality shall follow the procedures in K.S.A. 12-6a01 et seq., and amendments thereto, to levy such assessments except that no assessments may be levied against the municipality at large and annual installments of the assessments may be levied as provided in subsection (b).
(b) If the method of financing for the project includes payment from the sources described in subsections (c) or (e) of K.S.A. 12-6a33, and amendments thereto, the ordinance or resolution of the municipality that authorizes the levy of special assessments may provide that the annual installments of such assessment for any year may be reduced or eliminated to the extent that, prior to the date the municipality certifies the tax levy of the municipality to the county clerk pursuant to K.S.A. 79-1801, and amendments thereto, the municipality has received sufficient funds from the sources described in subsections (c) and (e) of K.S.A. 12-6a33, and amendments thereto, to pay the debt service on any bonds issued under the provisions of this act, and amendments thereto, for the project which would have been paid by such annual installment. The municipality is not required to refund any prepayment of assessments after such prepayment is made to the municipality, and any prepayment of assessments under this section shall be in compliance with the provisions of K.S.A. 10-115, and amendments thereto.
History:
L. 2009, ch. 122, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a32 Same; suit to set aside assessments or question validity of proceedings or sales tax limited in time; protest petition limited in time.

12-6a32.
Same; suit to set aside assessments or question validity of proceedings or sales tax limited in time; protest petition limited in time.
No suit to set aside the assessments or otherwise question the validity of the proceedings for the creation of the district or the authorization of the project shall be brought after the expiration of 30 days from the publication of the ordinance or resolution creating the district. No suit to set aside the community improvement district sales tax shall be brought after the expiration of 30 days from the publication of the ordinance or resolution declaring the intent to impose the community improvement district sales tax. No protest petition pertaining to the issuance of full faith and credit bonds, as described in K.S.A. 12-6a36, and amendments thereto, shall be brought after the expiration of 60 days following the date of the public hearing described in K.S.A. 12-6a29, and amendments thereto.
History:
L. 2009, ch. 122, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a33 Same; sources for payment of costs of project.

12-6a33.
Same; sources for payment of costs of project.
The cost of all or a portion of any project authorized pursuant to this act shall be paid from all or any of the following sources:
(a) A pledge of special assessments imposed in the district pursuant to this act which have been paid in full prior to the date set aside by the governing body as provided in K.S.A. 12-6a10, and amendments thereto.
(b) A pledge of special assessments imposed in the district pursuant to this act, to be paid in installments.
(c) A pledge of all of the revenue received from the community improvement district sales tax authorized by K.S.A. 12-6a31, and amendments thereto.
(d) A pledge of a municipality's full faith and credit to use its ad valorem taxing authority for the repayment of full faith and credit bonds issued pursuant to K.S.A. 12-6a36, and amendments thereto.
(e) Any other funds appropriated by the municipality for the purpose of paying project costs including the principal and interest of bonds issued pursuant to this act.
History:
L. 2009, ch. 122, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6a - General Improvement And Assessment Law › 12-6a34 Same; creation of separate fund for each district; moneys credited to such funds and use thereof; use of remaining moneys.

12-6a34.
Same; creation of separate fund for each district; moneys credited to such funds and use thereof; use of remaining moneys.
A separate fund shall be created for each district and such fund shall be identified by a suitable title. Community improvement district sales tax remitted to the municipality pursuant to K.S.A. 12-6a31, and amendments thereto, special assessments paid to the municipality pursuant to this act, proceeds from the sale of bonds issued pursuant to this act, and any other moneys appropriated by the governing body for the purpose of paying project costs, including the principal of and interest on bonds issued pursuant to this act, shall be credited to such fund. Such fund shall be used solely to pay the cost of the project through either the issuance of bonds or pay-as-you-go financing, and shall not be limited by the estimated cost amount listed in the ordinance or resolution authorizing the project. In the event moneys remain in the fund after the expiration of the community improvement district sales tax, such moneys shall continue to be used solely to pay the cost of the project. Upon payment of all project costs and principal of and interest on any bonds issued for such district, the municipality shall have the authority to spend any moneys remaining in such fund for the purposes for which local sales tax receipts may be spent.
History:
L. 2009, ch. 122, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-715b Zoning of land outside city limits; conditions and limitations; notice to county commissioners.

12-715b.
Zoning of land outside city limits; conditions and limitations; notice to county commissioners.
Cities are hereby authorized to adopt zoning regulations affecting all or any designated portion of the land located outside the city but within three miles thereof under the following conditions. Except for flood plain regulations in areas designated as a flood plain, nothing in this act shall be construed as authorizing any city to adopt regulations applying to or affecting any land in excess of three acres under one ownership which is used only for agricultural purposes:
(a) The city has established a planning commission under the provisions of K.S.A. 12-702, and amendments thereto, which provides for the appointment of two commission members who reside outside the city but within the area subject to the zoning regulations of the city, or the city has established a joint, metropolitan or regional planning commission in cooperation with the county in which such city is located pursuant to the provisions of K.S.A. 12-718, and amendments thereto.
(b) The land outside the city which is subject to the zoning regulations of the city has been included within a comprehensive plan recommended by either of such planning commissions and has been approved by the city governing body or the board of county commissioners.
(c) The county has specifically excluded the land from county zoning regulations or the county does not have in effect zoning regulations for such area adopted in conformity with the statutes prescribing procedure for the adoption of county zoning regulations.
(d) The city has notified the board of county commissioners in writing 60 days before initiating zoning regulations by ordinance for such area of its intention to adopt such regulations by ordinance.
History:
L. 1969, ch. 76, § 1; L. 1984, ch. 67, § 1; L. 1991, ch. 63, § 2; July 1.