reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2729 Collected as other taxes; payment to contractor.

19-2729.
Collected as other taxes; payment to contractor.
The special assessment herein provided for shall be entered by the county clerk of such county each year upon the tax rolls as long as contracts for such lighting or renewals thereof remain in force, or when a balance remains due thereon, and the same shall be collected in the same manner as general taxes, and shall be first liens on the lands on which they are levied on a par with other taxes, and if the said assessments or any of them be not promptly paid at the time the general taxes are by law made due and payable, then the same shall bear the same penalties and rate of interest as other defaulted taxes, and payment thereof shall be enforced and made in the same manner as are other defaulted taxes or assessments, which penalties and interest shall be paid to said contractor furnishing such light.
History:
L. 1931, ch. 158, § 9; May 28.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2730 Limitation of actions; assessment subsequent to regular meeting; notice.

19-2730.
Limitation of actions; assessment subsequent to regular meeting; notice.
That the owner of any real estate against which assessment may be made shall have thirty days from and after the time such assessment is levied, and not longer, within which to bring suit in any court of competent jurisdiction to challenge the validity of such assessment: And provided further, That if the board of county commissioners of any such county wherein such lighting contract has been made should overlook or neglect to make said assessment at their regular July meeting each year, then such assessment may be made at any subsequent meeting, but if such assessment be made at such subsequent meeting notice in writing of the making of the same shall thereafter be immediately given to the parties against whose property such assessment has been made, and such persons shall have thirty days, and not longer, after the making of said order and levying of said assessment within which to challenge the same by suit in any court of competent jurisdiction.
History:
L. 1931, ch. 158, § 10; May 28.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2745a Easement granted to Mission township main sewer district No. 1.

19-2745a.
Easement granted to Mission township main sewer district No. 1.
It is hereby provided and authorized that an easement be and the same is hereby declared to exist in favor of said main sewer district and its duly organized lateral sewer districts across said state park, subject to the conditions and limitations of this act.
History:
L. 1955, ch. 161, § 1; March 28.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2745b Description.

19-2745b.
Description.
The easement granted by the state of Kansas to Mission township main sewer district No. 1 and its duly organized lateral sewer districts is hereby restricted to the following described portions of the Shawnee Mission state park, to wit: A ten foot strip of land, being five feet on either side of the center line described as follows: Beginning at a point 844.18 feet north of the southwest corner of the southeast quarter of the southwest quarter of section 3, township 12, range 25, east of the sixth p.m., Johnson county, Kansas, being seventy feet north of the southwest corner of the Shawnee Mission state park, thence southeasterly in a straight line to a point 155 feet east of the west line of said quarter section, and 25 feet north of the south line of said state park tract, thence south 28 feet to the south line of said state park.
History:
L. 1955, ch. 161, § 2; March 28.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2745c Easement rights.

19-2745c.
Easement rights.
Said easement shall include the right of ingress and egress running to said main sewer district No. 1 to construct, maintain, repair and service all or any part of such sewer line.
History:
L. 1955, ch. 161, § 3; March 28.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2745d Restrictions and conditions.

19-2745d.
Restrictions and conditions.
In constructing, maintaining, repairing and servicing any such sewer line the Mission township main sewer district No. 1, its agents, servants or employees: (a) Shall not use any dynamite or other explosives on or adjacent to the grounds of said state park in such a manner as may damage the buildings, trees, shrubs or plants presently existing in said state park; (b) shall do any work necessary in the construction, maintenance, repair or service of said sewer lines in such a manner as not to destroy or damage any building or tree or underground pipes, conduits or other fixtures presently existing in said state park; (c) shall after construction, maintenance, repairing or servicing such sewer lines backfill ditches or holes in a good and workmanlike manner, leaving a top layer of at least six inches of good fertile, black soil, settling the fill in such ditches with water and sodding such ditches or holes at the completion of such construction, maintenance, repair or service; (d) shall maintain any manholes necessary to such sewer line so that such manholes do not protrude above ground level in such a manner as to interfere with mowing of said grounds or as to constitute a hazard to visitors thereon.
History:
L. 1955, ch. 161, § 4; March 28.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2752b Enlargement of main sewer district; petition; resolution; tax levies.

19-2752b.
Enlargement of main sewer district; petition; resolution; tax levies.
Subject to the provisions of K.S.A. 19-270, the governing body of a main sewer district created and established under the provisions of K.S.A. 19-2731 to 19-2752, inclusive, and amendments thereto, by resolution, may enlarge the boundaries of the district upon the presentation of a petition, approved by the sewer district engineer, and signed by the owners, or others having expressly reserved the right to do so, of 51% of the area sought to be added to such district. Such resolution shall provide for the levying of taxes and assessments upon the land in such added area, the same as are being levied upon the lands in the main sewer district, to pay the principal and interest upon outstanding bonds issued for the purpose of paying the cost of improvements of such main sewer district, and shall also provide for an additional levy upon the lands in such added area to pay a proportionate share of all amounts previously paid by the main sewer district upon any bonds issued for such purpose. No such land may be added to the main sewer district except where the sewage therefrom may flow by gravity into the mains in the main sewer district. Such additional levy shall be made over a period of from one to five years, as determined by the governing body, and the proceeds therefrom shall be credited to the bond and interest fund of the main sewer district.
History: L. 1949, ch. 204, § 3; L. 1967, ch. 149, § 15; L. 1974, ch. 122, § 12; L. 1986, ch. 70, § 5; May 15.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2752d Jurisdiction over main sewer district area after its incorporation as a city.

19-2752d.
Jurisdiction over main sewer district area after its incorporation as a city.
That if any area which is located wholly or partly in any main sewer district is incorporated as a city after this act takes effect, the area of any such city which lies within said main sewer district shall continue to be a part of said main sewer district and the governing body of such main sewer district shall have full jurisdiction over such area within the main sewer district for the purpose of carrying out and administering the provisions of this act.
History:
L. 1949, ch. 204, § 7; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2752e County clerk as clerk of sewer district.

19-2752e.
County clerk as clerk of sewer district.
The county clerk of any county in which a sewer district has been created and established under the provisions of K.S.A. 19-2731 to 19-2752, inclusive, shall be the official clerk of the governing body of such sewer district.
History:
L. 1949, ch. 204, § 8; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2752g Use of certain unexpended funds for improvements and facilities of main sewer district.

19-2752g.
Use of certain unexpended funds for improvements and facilities of main sewer district.
Whenever a main sewer district has been established under the provisions of K.S.A. 19-2731 to 19-2752, both sections inclusive, and any amendments thereto, and the question of the issuance of bonds for the purpose of providing revenue for the construction of additional improvements and enlarged facilities has been submitted to the qualified electors of such main sewer district, and a majority of those voting on the question vote in favor of the issuance of such bonds as provided for under section 19-2752f of the General Statutes of 1949, and unexpended funds remain after completion of all improvements authorized under said bond election, the governing body, upon the recommendation of the main sewer district engineer, may by resolution authorize the use of said unexpended funds for additional improvements and enlarged facilities of the main sewer district, including collection system and sewage treatment facilities and appurtenances thereto.
History:
L. 1955, ch. 162, § 2; April 6.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2752i Sewer districts in counties having townships with a population of 5,000 or more; connection of lateral sewer with main sewer system; incorporation as lateral sewer district or attachment to other district; enlargement; procedure.

19-2752i.
Sewer districts in counties having townships with a population of 5,000 or more; connection of lateral sewer with main sewer system; incorporation as lateral sewer district or attachment to other district; enlargement; procedure.
(a) Subject to the provisions of K.S.A. 19-270, where any area lying within the boundaries of a main sewer district is served by lateral sewers privately built and is not included within the boundaries of any lateral sewer district the governing body may authorize the connection of lateral sewers with the main sewer system and thereafter upon its own motion and a recommendation of the sewer district engineer may organize and incorporate such area as a lateral sewer district, or attach the same to some other lateral sewer district, first giving notice by publication for two consecutive weeks in a newspaper having general circulation within such county of the time, place and purpose of a final hearing upon such proposal, at which hearing any interested parties may appear and be heard. Whenever any such area is organized as a lateral sewer district or is attached to another lateral sewer district and the lateral sewers therein at the time of such organization are not up to the standard of other lateral sewers of previously existing lateral sewer districts in the main sewer district, the governing body shall require the lateral sewers in such area to be brought up to the standard of previously constructed lateral sewers in such previously existing lateral sewer districts.
(b) Subject to the provisions of K.S.A. 19-270, upon the recommendation of the main sewer district engineer the governing body by resolution may enlarge and extend the boundaries of any joint or lateral sewer district to include such additional territory contiguous thereto as may be requested in writing by the owners of record thereof, or those having reserved the right so to do. Such resolution shall provide for the levying of taxes and assessments upon the land in such added area the same as are being levied upon all other lands in such joint or lateral district and shall also provide for additional levies upon the lands in such added area to pay a proportionate share of all amounts previously paid by such district upon any outstanding bonds.
History:
L. 1967, ch. 149, § 16; L. 1969, ch. 155, § 5; L. 1986, ch. 70, § 6; May 15.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2753 Improvement districts; petition; incorporation.

19-2753.
Improvement districts; petition; incorporation.
The board of county commissioners of any county shall have the power, upon a proper petition being presented for that purpose, to incorporate and organize improvement districts within their respective counties, in the manner provided herein.
History: L. 1945, ch. 180, § 1; L. 1965, ch. 172, § 1; L. 1967, ch. 150, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2754 Contents of petition; statement.

19-2754.
Contents of petition; statement.
The petition for the incorporation and organization of an improvement district shall be addressed to the board of county commissioners of the county in which the lands which it is proposed shall constitute the district are situated. The petition shall describe the territory proposed to be so incorporated by sections or subdivisions of sections, according to the government survey, or by metes and bounds, and shall have attached thereto a statement containing the following information regarding the proposed district: (1) Quantity of land embraced, platted and unplatted; (2) a brief description of existing facilities and services, if any, currently received by the area, including water supply, sewage disposal, fire and police protection; (3) the reasons and necessity for the district in terms of benefits which will accrue to the inhabitants or future inhabitants therein.
There shall also be attached to the petition a map of the territory showing the location of the proposed district and the more densely built-up area or areas, if any, and designating in general the platted and unplatted areas. There shall also be attached a statement of the estimated assessed valuation of the platted real property and improvements and unplatted real property and improvements and the assessed valuation or an estimate thereof of the tangible personal property, if any, for the county in which the area lies, certified by the county clerk or county assessor. And such petition shall contain a prayer that all the territory within the boundaries defined in the petition shall be incorporated as an improvement district, under the corporate name to be designated therein. No lands shall be included within said district which lie within the limits of any incorporated city.
History: L. 1945, ch. 180, § 2; L. 1965, ch. 172, § 2; L. 1969, ch. 156, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2755a Inclusion of land in other benefit districts.

19-2755a.
Inclusion of land in other benefit districts.
Any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of an improvement district.
History:
L. 1997, ch. 143, § 12; May 8.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2756 Hearing, findings and determination; public corporation; name; perpetual succession.

19-2756.
Hearing, findings and determination; public corporation; name; perpetual succession.
That at the time set for the hearing of the petition, as provided in the next preceding section, it shall be the duty of the county commissioners to first ascertain and determine whether notice of the time of hearing as required by this act has been given, and, if it shall be determined that such notice has been given, to make a declaration and finding of that fact and cause same to be entered upon its records, and thereupon to hear all persons in favor or opposed to granting the prayer of said petition and all other evidence that it may desire to hear for the purpose of ascertaining whether such petition contains the proper numbers of signers possessing the qualifications prescribed by this act, and whether the statements in said petition are true; and if upon hearing of evidence it shall be found that such petition is in conformity to the requirements of this act, and that the allegations thereof are true, then such board of county commissioners shall make a finding and decision to that effect. Thereupon, the board of county commissioners shall determine whether the formation of such improvement district would be in the best interests of the county. If the board of county commissioners determines that it would be in the best interests of the county it shall so find, and shall thereupon immediately declare the territory described in the petition to constitute a public corporation, and the inhabitants within such bounds or the owners of the property described to be incorporated as an improvement district under the name of "the _____________ improvement district, _____________ county, Kansas." (inserting the name designated in the petition and the name of the proper county), and thenceforth the said territory and the inhabitants residing therein or the owners of the property described and their successors shall constitute a body politic and corporate under said corporate name, and shall have perpetual succession.
History: L. 1945, ch. 180, § 4; L. 1965, ch. 172, § 4; L. 1969, ch. 156, § 3; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2757 Record of organization; first election.

19-2757.
Record of organization; first election.
That it shall be the duty of the board of county commissioners incorporating any improvement district under the provisions of this act to cause an entry to be made upon its records showing all of its declarations, findings, decisions and orders made pursuant to the preceding sections, which entry shall define the limits of the improvement district to be so incorporated in conformity to the description contained in the petition, and such entry shall, if the petition requesting the incorporation of the district was signed by residents of the district, fix the time and place of holding the first election to choose such officers of such improvement district as are hereinafter required to be elected, and designate five (5) taxpayers residing within such district, three (3) to act as judges and two (2) to act as clerks of such election; and if the petition requesting the incorporation of the district was signed by the owners of the property within the district not residents thereof, such entry shall contain the names of three (3) persons, selected by the board of county commissioners from a list of five (5) nominees presented by unanimous consent of all of the owners of all of the real property within the district, to serve as interim directors of such improvement district until directors are elected at an election held on the first Tuesday in March next following the first January in which the county election officer shall certify that the qualified electors residing in such district number one hundred (100) or more. Upon the receipt of such certification from the county election officer, the board of county commissioners shall fix the time and place for the holding of the election and designate judges and clerks therefor in the manner hereinbefore provided. All declarations, determinations, findings, decisions and orders of such board of county commissioners so entered of record shall be conclusive on all persons, so that no matter or fact so determined shall ever be disputed by anyone, and such record, or a properly authenticated copy thereof, shall be conclusive evidence in all courts of the matter therein recited and of the corporate existence of such improvement district.
History: L. 1945, ch. 180, § 5; L. 1969, ch. 156, § 4; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2758 Qualifications of voters.

19-2758.
Qualifications of voters.
The county clerk shall, not less than twenty (20) days prior to the date fixed by the board of county commissioners for the holding of the first election in such district, ascertain from the tax rolls of the preceding year the names of all taxpayers who are qualified electors residing within the district, and deliver a certified list of the same to one of the persons appointed as judges of the first election to be held in the district and at such election or any other election held under this act only persons who are taxpayers and residents within such district and are qualified electors under the constitution of Kansas shall be permitted to vote. The list so furnished by the county clerk shall be conclusive at all elections, and one desirous of voting, whose name does not appear on such list, may proceed to the county clerk and such county clerk may administer oaths and affirm witnesses to determine the right of anyone to vote who may claim that he has been erroneously omitted from such list, and if the county clerk issues a certificate entitling the voter to vote, such certificate shall be accepted by the judges and clerks of the election. The list so furnished by the county clerk shall be conclusive at all elections held within the same year that said list is furnished. It shall be the duty of the county clerk to furnish a list of the resident taxpayers and qualified electors under the constitution at any subsequent year upon request by the board of directors of said improvement district. Said list shall be made in accordance with the provisions of this act.
History: L. 1945, ch. 180, § 6; L. 1969, ch. 156, § 5; L. 1972, ch. 124, § 5; February 22.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2759 Election of directors.

19-2759.
Election of directors.
That at the time appointed by the board of county commissioners, the first election shall be held, at which time three (3) directors shall be chosen. The ballots shall have the words "for director" and the names of three (3), or more, persons written or printed thereon in alphabetical order and the three (3) persons receiving the highest number of votes shall be declared elected. The judges and clerks shall qualify and the election shall be held, the results ascertained and returns made to the county election officer in the same manner as is provided by law for general county elections, except as this act may otherwise provide. If any judge or clerk shall fail to appear at the time specified for the election or refuse to act, those appearing or the board of directors of said improvement district may appoint some other qualified person to act in his place. Within twenty-four (24) hours after the election the judges and clerks shall make and sign the returns of the election and cause the same, together with the poll books and ballots used thereat, to be sealed up and delivered to the county election officer, and the board of county commissioners shall forthwith assemble, canvass the returns, declare the result, and issue certificates of election to the persons chosen as directors, who shall each take, subscribe and file in the office of the county clerk his official oath.
History: L. 1945, ch. 180, § 7; L. 1969, ch. 156, § 6; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2760 Directors; election, qualifications, term.

19-2760. Directors; election, qualifications, term.
(a) An election shall be held in each improvement district on the Tuesday following the first Monday in November and of each odd-numbered year thereafter for the purpose of electing three directors of such district, except that the first election following the establishment of such district shall be held at a time fixed by the board of county commissioners of the county in which the district is located.
(b) The directors of an improvement district shall serve for terms of two years.
(c) Each director shall:
(1) Own land within the improvement district; or
(2) reside in the improvement district.
History:
L. 1945, ch. 180, § 8; L. 1969, ch. 156, § 7; L. 1976, ch. 134, § 1; L. 2006, ch. 147, § 1; L. 2015, ch. 88, § 21; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2761 Filling a vacancy in board of directors.

19-2761. Filling a vacancy in board of directors.
(a) Except as provided in subsection (b), when a vacancy occurs at any time in the office of a director of any improvement district, the remaining directors shall appoint a person from the qualified residents in such district to hold the office of director until the next election.
(b) (1) When a vacancy occurs in the office of a director of the Peck improvement district located in Sumner and Sedgwick counties, the board of county commissioners of Sumner county shall appoint a resident of Sumner county or Sedgwick county to hold the office of director until the next election.
(2) Once the appointment of a director has been made under paragraph (1), the Sedgwick county board of commissioners shall have 30 days to reject such appointment by a majority vote of the board. If no such action is taken, the appointment shall be deemed approved. If the appointment is rejected, the appointment process shall be repeated until a director is selected.
History:
L. 1945, ch. 180, § 9; L. 1969, ch. 156, § 8; L. 2015, ch. 80, § 1; June 4.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2764 Meetings of the board of directors; compensation of directors and assessors; payment.

19-2764.
Meetings of the board of directors; compensation of directors and assessors; payment.
(a) Regular meetings of the board of directors shall be held on the first Tuesday of each quarter. Special meetings may be held at any time when all the directors are voluntarily present or may be called by the president or any two directors at any time. Each meeting of the board, whether special or regular, shall be open to the public. Except as provided in subsection (b), each director shall receive as compensation for services as such, the sum of $5 per day while actually and necessarily engaged in the performance of such director's duties under this act. The assessors provided for by this act shall receive for their services each the sum of $5 per day while actually and necessarily engaged in the performance of such assessor's duty. The compensation of directors and assessors shall be paid out of the general fund of the improvement district authorized by this act.
(b) The board of directors, by adoption of a resolution, may fix the amount of compensation to be received by the members of the board. Such resolution shall be published at least once each week for two consecutive weeks in a newspaper of general circulation within the improvement district. If the total amount of compensation to be received annually by each member of the board is $100 or less, such resolution shall not be required to be published and shall be effective upon adoption of the resolution. A resolution providing for an increase in compensation shall not be effective until 30 days following the date of the last publication of the resolution.
History:
L. 1945, ch. 180, § 12; L. 2006, ch. 147, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2765a Use of revenue derived from sewage disposal system charges; fund.

19-2765a.
Use of revenue derived from sewage disposal system charges; fund.
The revenue derived from the charges for the use of the sewage disposal system shall be deposited in the office of the county treasurer in an account known as (name of district) improvement district sewage disposal fund and is not to be paid out except for the purpose of operating, maintaining and renewing the sewage disposal system and the payment of the salaries of employees engaged in operating said sewage disposal system: Provided, At any time there may be a surplus in such fund it may be transferred to the general operating fund of the district semi-annually, upon resolution of the board of directors.
History:
L. 1955, ch. 163, § 2; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2765c Investment of sewer and water expansion funds.

19-2765c.
Investment of sewer and water expansion funds.
(a) As used in this section: (1) "Improvement district" means an improvement district authorized and existing pursuant to K.S.A. 19-2753 to 19-2765, both sections inclusive, and amendments thereto, having a population of more than one thousand (1,000) and located in a county having a population of more than two hundred fifty thousand (250,000); (2) "fund" means a sewer or water expansion fund or both maintained by an improvement district and derived from sources other than general tax levies; and (3) "obligations of the United States government" means direct obligations of the United States government and also obligations guaranteed as to principal and interest by the United States government.
(b) The governing body of any such improvement district may invest all or part of any moneys in any such fund in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein or if the governing body shall determine that any such moneys are not required for the purpose for which collected or received for a period of more than six months from the date of investment, such moneys may be invested in general obligation bonds issued by a municipality of this state or in obligations of the United States government. Income from such investments shall be added to and become a part of the fund.
History:
L. 1965, ch. 206, § 1; L. 1977, ch. 54, § 29; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2766 Powers of the board of directors.

19-2766.
Powers of the board of directors.
That all the powers granted to improvement districts incorporated under the provisions of this act shall be exercised by the board of directors elected under the provisions of this act.
History: L. 1945, ch. 180, § 14; June 28.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2766a Enforcement of resolutions; penalties for violations.

19-2766a.
Enforcement of resolutions; penalties for violations.
The board of directors of an improvement district organized and established pursuant to K.S.A. 19-2753 et seq., and amendments thereto, shall have the power to enforce all resolutions passed pursuant to this act or the act of which this act is amendatory. Such resolutions may be enforced by enjoining violations thereof or by prescribing penalties for violations of such resolutions, either by fine, or by confinement in the county jail, or by both such fine and confinement. The sheriff or the county law enforcement agency of the county in which such district is located shall be responsible for the enforcement of resolutions of such district. Unless otherwise provided by the resolution that defines and makes punishable the violation of such resolution, the penalty imposed shall be in accordance with the penalties established by law for conviction of a class C misdemeanor. In no event shall the penalty imposed for the violation of a resolution exceed the penalties established by law for conviction of a class B misdemeanor. Prosecution for any such violation shall be commenced in the district court in the name of the district and shall be conducted in the manner provided by law for the prosecution of misdemeanor violations of state laws. Writs and process necessary for the prosecution of such violations shall be in the form prescribed by the judge or judges of the courts vested with jurisdiction of such violations by this act, and shall be substantially in the form of writs and process issued for the prosecution of misdemeanor violations of state laws. Each improvement district shall provide all necessary supplies, forms and records at its own expense.
History:
L. 1986, ch. 106, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2766b Actions for enforcement of resolutions; costs; fees and mileage for witnesses; fines and penalties, disposition of.

19-2766b.
Actions for enforcement of resolutions; costs; fees and mileage for witnesses; fines and penalties, disposition of.
(a) Except as provided in subsection (b), in all actions for the enforcement of resolutions of improvement districts the items allowable as costs shall be the same as in cases for misdemeanor violations of state law and shall be taxed as provided in K.S.A. 22-3801, 22-3802 and 22-3803, and amendments thereto.
(b) The fees and mileage for the attendance of witnesses shall be borne by the party calling the witness, except that if an accused person is found not guilty, the improvement district shall pay all such expenses, but the court may direct that fees and mileage of witnesses subpoenaed by the accused person be charged against such person, if the court finds that there has been an abuse of the use of subpoenas by the accused person.
(c) Except as hereinafter provided, all fines and penalties collected in actions for the enforcement of resolutions adopted by improvement districts, as provided in this act and the act of which this act is amendatory, shall be paid over to the county treasurer of the county where they are imposed for deposit in the county general fund. The court, when imposing fines and penalties for resolution violations, shall identify violations which also constitute a violation of state law. Those fines and penalties derived from the enforcement of any resolution, a violation of which would also constitute a violation of state law, shall be remitted to the state treasurer as provided in K.S.A. 20-2801, and amendments thereto.
History:
L. 1986, ch. 106, § 3; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2766c Appeals.

19-2766c.
Appeals.
Appeals in actions brought for the enforcement of improvement district resolutions may be taken in the same manner as is provided for appeals in cases for misdemeanor violations of state law.
History:
L. 1986, ch. 106, § 4; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2767 Powers and duties of board; surveys, plans and estimates; engineer's report.

19-2767.
Powers and duties of board; surveys, plans and estimates; engineer's report.
That the board of directors, subject to the limitations contained in this act, shall have the power and it shall be their duty to determine what public works and improvements are necessary and whether the cost thereof shall be paid by issuing bonds to be paid by a general levy or by the levy of special taxes or assessments, or by issuing revenue bonds as a lien on revenue producing works or improvements, but before any bonds shall be issued, special taxes levied or liability of any kind incurred by it, the board of directors shall cause surveys of work deemed necessary by it to be made, and plans and estimates made by a competent registered engineer, who shall make a written report thereof showing the amount, character and kind of work to be done and the location and probable cost thereof, and if the works are of revenue producing nature the engineer shall include in his report his findings as to operating and maintenance costs and number of customers required to make the works self-liquidating within a reasonable period, and file same, together with plans and specifications in the office of the secretary, which report shall at all times be open to inspection by taxpayers of the district.
History:
L. 1945, ch. 180, § 15; June 28.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2770 Issuance of improvement bonds; request for issuance of general obligation bonds of the county; payment of bonds.

19-2770.
Issuance of improvement bonds; request for issuance of general obligation bonds of the county; payment of bonds.
(a) Whenever the board of directors of any improvement district shall under the authority vested in it by this act, cause any public work or improvement to be made, payment for which is to be made by levy of special assessments, it may in its discretion, instead of levying the entire assessment therefor at one time, provide for the payment of the same by installments and may issue improvement bonds of the district therefor. Prior to the issuance of any such improvements bonds, the board of directors shall cause notice thereof to be published as provided in K.S.A. 19-2769. Such improvement bonds shall be issued as provided by law, but no bonds shall be issued under the provision of this act until thirty (30) days after the last day of the protest period as set out in K.S.A. 19-2769. During said thirty (30) days any person against whose property any special assessment shall have been levied may pay the same in full and thereby discharge such property from the lien thereof. Any improvement bonds issued under the authority of this subsection shall be payable from the levy of special assessments against the property benefited and, if not so paid, by the levy of an ad valorem tax on all taxable tangible property located within such improvement district, in an amount sufficient to pay the principal of and interest on such improvement bonds.
(b) In lieu of issuing improvement bonds of the district, the board of directors may request the board of county commissioners of the county in which such improvement district is located to issue general obligation bonds of the county. If the board of county commissioners approves, it may issue general obligation bonds of the county therefor, which shall be payable from the levy of special assessments against the property benefited and, if not so paid, by the levy of an ad valorem tax on all taxable tangible property located within the county in an amount sufficient to pay the principal of and interest on such general obligation bonds.
History:
L. 1945, ch. 180, § 18; L. 1974, ch. 122, § 16; L. 1976, ch. 135, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2771 Form of general obligation bonds.

19-2771.
Form of general obligation bonds.
That all bonds issued under the provisions of the next preceding section shall be executed as provided by law; each of said bonds shall recite that it is issued under the provisions of this act, that it is a general obligation bond of the county but that such bond is payable from special assessments that have been levied and constitute a lien upon real estate in said district benefited by improvements made under the provisions of this act, and such recital shall be relied upon by any purchaser of said bonds as conclusive that the same were issued in conformity to this act and that all conditions precedent to their issue were duly performed.
History:
L. 1945, ch. 180, § 19; L. 1974, ch. 122, § 17; March 18.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2772 Sale of bonds; use of proceeds.

19-2772.
Sale of bonds; use of proceeds.
That the bonds issued under the provisions of the next two preceding sections shall be sold in the manner provided by law. No part of the proceeds thereof shall be used for any other purpose than the payment of the costs incurred in constructing the improvements for which they were issued. Legal, engineering and other special services required in planning and constructing the improvement shall be considered as part of the cost of the improvements and may be paid from the proceeds of the bond sale.
History:
L. 1945, ch. 180, § 20; L. 1974, ch. 122, § 18; March 18.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2773 Levy and collection of assessments to pay bonds.

19-2773.
Levy and collection of assessments to pay bonds.
That when improvement bonds are or have been issued under the next preceding sections of this act for improvements the cost of which is to be charged by special assessments against specific property, the board of directors shall levy special assessments each year sufficient to produce an amount equal to and not exceeding more than ten percent the amount required to redeem installments of such bonds next thereafter maturing and interest thereon; and in computing the amount of special assessments to be levied against each piece of property liable therefor, interest shall be added from the date of the issuance of said bonds until the maturity of the installments of bonds next thereafter maturing at the same rate that said bonds bear. Such assessment shall be made upon the property chargeable for the cost of such improvements respectively, and shall be levied and collected in the same manner as special assessments for such improvements where no bonds are issued, except as otherwise herein provided, but the assessed valuation liable for such cost which is established for the first year's assessment shall be retained for the assessment of succeeding installments of bonds.
History: L. 1945, ch. 180, § 21; June 28.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2773a Special assessment on property owned by certain improvement districts located in counties with a population of more then 300,000 declared void; cancellation.

19-2773a.
Special assessment on property owned by certain improvement districts located in counties with a population of more then 300,000 declared void; cancellation.
Wherever any improvement district having a population of more than two thousand (2,000), and located in any county having a population of more than three hundred thousand (300,000), owns real property used for improvement district purposes and which property has been heretofore subjected to special assessments for streets, sewer improvements and water improvements or for any one or more of said purposes, and said special assessments remain unpaid in whole or in part, such special assessments are hereby declared to have been levied erroneously and are null and void. The board of directors of such improvement district and the board of county commissioners of such county shall, within ninety (90) days after the effective date of this act, each pass separate resolutions canceling such special assessments in their entirety, due, past due and becoming due, along with all interest and penalties. Such resolutions shall thereupon be certified to the county clerk and the county treasurer of such county and such clerk and treasurer shall strike such assessments in their entirety as set out above from all assessment and tax rolls, current and delinquent, along with all interest and penalties.
History:
L. 1969, ch. 154, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-2774 Special road and street improvements; petition; engineer's report; notice to owners; protests; special assessments; bonds.

19-2774.
Special road and street improvements; petition; engineer's report; notice to owners; protests; special assessments; bonds.
That whenever a petition, signed by not less than majority of the owners of land abutting upon a street, road, alley, or other public traveled way within the improvement district or signed by the owners of all of the property located within the district, is presented to the board of directors praying that certain improvements, to be described in the petition, be made and that the cost thereof be assessed as special assessment against the properties abutting on such street, road, alley or other public traveled way, the board of directors shall determine if the number of signers is adequate and if found sufficient the board of directors shall have a competent registered engineer prepare plans, estimates and determine the estimated cost for each tract or parcel abutting on said proposed improvement. In the execution of this section abutting property shall be considered as reaching halfway to the next street, or road if the tract is platted into blocks but in no case shall the benefited property be considered as extending more than three hundred (300) feet from the property line of the street or road to be improved. The engineer shall file a report with the secretary of the board showing the nature and character of the proposed work, plans and specifications, and a list of property owners and the estimated assessment against the property owned by each.
The secretary of the board of directors shall notify each property owner by registered mail the amount of the proposed assessment as set out in the engineer's report and shall also state in said notice that, except as to improvements the petition for which is signed by the owners of all of the property within the district, if a majority of the resident property owners do not file protest within twenty (20) days that the board of directors will proceed to cause said work to be done. If the board of directors determine that insufficient protest has been filed within the protest period they shall cause said work to be done and levy special assessment or in their discretion or if so set out in the original petition they may authorize the issuance of general obligation bonds of the county therefor to be payable in equal annual installments. Such bonds shall be issued as provided by law, but no bonds shall be issued under this provision until thirty (30) days after the last day of the protest period and during said thirty (30) days any person against whose property any special assessment shall have been levied may pay the same in full and thereby discharge his property from the lien thereof.
History: L. 1945, ch. 180, § 22; L. 1969, ch. 156, § 13; L. 1974, ch. 122, § 19; March 18.