reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,182 Work on improvements authorized; special assessments.

19-27,182.
Work on improvements authorized; special assessments.
The governing body of the county is hereby authorized to make, or cause to be made, works or improvements which confer a special benefit upon property within a definable area of the county and may levy and collect special assessments upon property in the area deemed by the governing body to be benefited by such improvement for the special benefits conferred upon such property by any such 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, but not be limited to:
(a) Acquisition of property or interest in property when necessary for any of the purposes authorized by this act;
(b) opening, constructing, widening and extending streets and otherwise improving paving and other surfacing, gutters, curbs, sidewalks, crosswalks, driveway entrances and structures, including traffic control devices, drainage works incidental thereto and service connections from sewer, water, gas and other utility mains, conduits or pipes necessarily lying within curb lines;
(c) improving storm water and sanitary sewer systems and appurtenances thereto;
(d) improving street lights and street lighting systems;
(e) improving waterworks systems;
(f) improving parks, playgrounds and recreational facilities;
(g) improving any street or other facility by landscaping, planting of trees, shrubs and other perennial plants;
(h) improving dikes, levees and other flood control works, gates, lift stations, bridges and streets appurtenant thereto;
(i) improving vehicle and pedestrian bridges, overpasses and tunnels, including the construction and improvement of roadways, ramps and other structures necessary to the intersections of streets with state or federal highways;
(j) improving retaining walls and area walls on public ways or land abutting thereon; and
(k) improving property for off-street parking facilities, including construction and equipment of buildings thereon for such purpose.
History:
L. 1991, ch. 51, § 2; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,183 Combining improvements.

19-27,183.
Combining improvements.
Any two or more types of improvements may be included in one proceeding and constructed and financed as one improvement.
History:
L. 1991, ch. 51, § 3; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,185 Feasibility report; plans and specifications; estimates; bids.

19-27,185.
Feasibility report; 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. 19-27,184, 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 county or by consultants. The governing body also may 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 which the governing body determines to be of assistance in determining the feasibility and desirability of the improvement.
History:
L. 1991, ch. 51, § 5; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,186 Action by governing body; protest petitions.

19-27,186.
Action by governing body; protest petitions.
The governing body, by a majority vote of the entire membership thereof, at any time within six months after the final adjournment of the hearing on the advisability of making the improvements, may 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. 19-27,184, which shall be effective upon publication once in the newspaper. 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 benefit district and the owners of record or more than 1/2 of the total area of such district are filed with the county clerk. Names may be withdrawn from any protests by the signers thereof at any time before the governing body convenes its meeting to determine the sufficiency thereof. No benefit district lying within the fringe area of a city as defined in K.S.A. 19-270, and amendments thereto, shall be established until the county has complied with the provisions thereof. Any resolution establishing a benefit district under the terms of this act shall be filed with the register of deeds in accordance with K.S.A. 12-153, and amendments thereto.
History:
L. 1991, ch. 51, § 6; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,187 Apportionment of costs.

19-27,187.
Apportionment of costs.
(a) The county, upon a 4/5 vote of the governing body, may pay such portion of the cost of the improvement as the governing body may determine, but not more than 95% of the total cost thereof.
(b) If any property deemed benefited, by reason of any provision of law, shall be exempt from payment of special assessments therefor, such assessment shall be computed and shall be paid by the county at large.
History:
L. 1991, ch. 51, § 7; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,188 Assessment plan; classifications, formulae and methods of assessing.

19-27,188.
Assessment plan; classifications, formulae and methods of assessing.
The portion of the cost of any improvement to be assessed against the property in the benefit district, as determined in accordance with K.S.A. 19-27,184, shall be apportioned against the property in accordance with the special benefits accruing thereto by reasons of such improvement. The cost may be assessed equally per front foot or per square foot against all lots and pieces of land within such benefit district or assessed against such property according to the value of such lots and pieces of land therein, such value to be determined by the governing body of the county with or without regard to the buildings and improvements thereon or such 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 similarly benefited. The governing body, from time to time, may determine and establish, by resolution, reasonable general classification and a formula for the apportionment of the cost between the county and the area to be assessed, and the methods of assessing the special benefits, for various classes of improvements.
History:
L. 1991, ch. 51, § 8; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,189 Assessment rolls; notice and hearing.

19-27,189.
Assessment rolls; notice and hearing.
(a) As soon as the total cost of any improvement is determined, the governing body shall cause the assessments against each lot, piece or parcel of land deemed to be benefited, to be determined in the manner set forth in the resolution as to advisability of the improvement in accordance with K.S.A. 19-27,184 and an assessment roll shall be prepared.
(b) The proposed assessment roll shall be filed with the county clerk and be open for public inspection. The county clerk, at the direction of the governing body, shall publish notice that the governing body will meet to consider the proposed assessments. Such notice shall be published in a newspaper at least once, not less than 10 days prior to such meeting of the governing body, and shall state the date, time and place of such meeting, and the general nature of the improvement, its cost, the extent of the benefit district proposed to be assessed, and that written or oral objections will be considered at such a hearing. At the same time, the clerk shall mail to the owner of any property made liable to pay the assessment, at the last known post-office address, a notice of the hearing and a statement of the cost proposed to be assessed against the land so owned and assessed. The failure of any owner to receive such notice shall not invalidate the proceedings.
History:
L. 1991, ch. 51, § 9; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,190 Levy of assessments; interest; payments in full; payments by taxing units.

19-27,190.
Levy of assessments; interest; payments in full; 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 lots, pieces or parcel of land, and, by resolution, 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 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 resolution unless such resolution 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 resolution levying the assessment and the date the first installment is payable 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 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 in the same manner as other taxes of the county are collected and paid. The owner of any property so assessed, at any time prior to a date which shall be fixed by the governing body, may pay the whole of the assessment against any lot, piece or parcel with interest accrued to the date of payment to the county treasurer. The board of county commissioners and the governing body of any city or 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. 1991, ch. 51, § 10; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,191 Action to set aside assessments, limitation.

19-27,191.
Action to set aside assessments, limitation.
No suit to set aside the assessments or otherwise question the validity of the proceedings shall be brought after the expiration of 30 days from the publication of the resolution fixing the assessments.
History:
L. 1991, ch. 51, § 11; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,192 Supplemental assessments; reassessments and new assessments.

19-27,192.
Supplemental assessments; reassessments and new assessments.
(a) Upon notice and hearing as provided for in the original assessment, or with the written consent of all affected landowners, 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, for any reason whatever, is set aside by a court of competent jurisdiction as to any lot, piece or parcel of land, or in the 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, upon notice and hearing as provided for the original assessment or with the written consent of all affected landowners, may make a reassessment or a new assessment as to such lot, piece or parcel of land.
History:
L. 1991, ch. 51, § 12; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,193 Cost of improvements, how paid; limitations.

19-27,193.
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 county 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. 19-27,190 shall be paid from assessments so collected.
(c) Costs payable by special assessments, to be paid in installments, and costs made payable by the county at large and not payable from available general funds, or other general improvement funds available to the governing body for such purpose, may be paid by the issuance and sale of general obligation bonds of the county as provided by law.
(d) Costs payable by special assessments, to be paid in installments, may be paid by the issuance and sale of limited obligation bonds of the county payable solely from such special assessments.
(e) During the progress of an improvement, the governing body may issue temporary notes of the county as provided by law to pay costs which will be paid by the issuance of bonds as provided in subsection (c), and upon completion of the work, bonds of the county shall be issued as provided therein.
(f) During the progress of any improvement, the governing body may issue bond anticipation bonds of the county to pay the cost of the improvement in an amount not to exceed the estimated cost of the improvement to be paid by special assessments and the issuance of limited obligation bonds as provided in subsection (d). Bond anticipation bonds shall be redeemed and canceled before or at the time permanent limited obligation bonds are issued as provided in subsection (d).
(g) 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.
History:
L. 1991, ch. 51, § 13; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,194 Special improvement fund; use of money therefrom.

19-27,194.
Special improvement fund; use of money therefrom.
A separate fund shall be created in the county 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 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 county bond and interest fund for such improvement.
History:
L. 1991, ch. 51, § 14; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,195 Districts in or adjacent to cities.

19-27,195.
Districts in or adjacent to cities.
The governing body shall be authorized to create a benefit district in any portion of the unincorporated area of the county. If the benefit district either overlaps or abuts the city limits of any incorporated city, then no such benefit district shall be created without the city's consent. The provisions of K.S.A. 19-270, and amendments thereto, shall not apply to the creation of a benefit district pursuant to this act.
History:
L. 1991, ch. 51, § 15; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,196 Districts created by a city overlapping or adjacent to city limits.

19-27,196.
Districts created by a city overlapping or adjacent to city limits.
The governing body of any city shall be authorized to create a special assessment benefit district in any portion of the city's incorporated area. If the special assessment benefit district either overlaps or abuts the unincorporated area of the county, then no such district shall be created without the county's consent. The county's consent shall not be required when the district is created pursuant to K.S.A. 12-693, and amendments thereto.
History:
L. 1991, ch. 51, § 16; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27 - Public Improvements; Improvement And Service Districts › 19-27,197 Validity of act.

19-27,197.
Validity of act.
If any section or other part of this act shall be held invalid, the invalidity thereof shall not affect the validity of the other provisions of this act.
History:
L. 1991, ch. 51, § 17; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a01 Sewer districts in any county; definitions.

19-27a01.
Sewer districts in any county; definitions.
Whenever used in this act, the following words shall have the following respective meanings unless different meanings clearly appear from the context:
(a) "Governing body" or "board" means the board of county commissioners of the county in which the sewer district is located;
(b) "sewer district" means any wastewater, main, lateral, joint or submain storm or sanitary sewer district;
(c) "improvement" means any trunk lines, outfall or intercepting sewers, manholes, pumps, pumping stations, lift stations, disposal plants and any appurtenances and apparatus necessary for the collection, storage, treatment and disposal of storm or sanitary sewage and wastewater;
(d) "improve" means constructing, reconstructing, enlarging or extending any improvement;
(e) "sewage system" means any property owned by the sewer district or any property in which the sewer district has a property interest and any trunk lines, outfall or intercepting sewers, manholes, pumps, pumping stations, lift stations, disposal plants and any appurtenances and apparatus necessary for the collection, storage, treatment and disposal of storm or sanitary sewage and wastewater.
(f) "federal law" and "federal pollution control laws" means the clean water act, 33 U.S.C. § 1251 et seq., and amendments thereto, also known as the federal water pollution control act, and all administrative regulations adopted pursuant thereto;
(g) "industrial user" means any user of the sewage system identified as an "industrial user" under the criteria established by the United States environmental protection agency in 40 C.F.R. § 35.905, and amendments thereto;
(h) "person" means any individual, firm, corporation, partnership, organization or other entity and departments of government of the state or of the United States and political subdivisions thereof;
(i) "user" means the owner of the land or the person in control of the premises that discharges or contributes any wastes, storm or wastewater to the sewage system.
History:
L. 1983, ch. 99, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a03 Creation of district by petition; contents; unsanitary conditions.

19-27a03.
Creation of district by petition; contents; unsanitary conditions.
(a) Subject to the provisions of K.S.A. 19-270, the board of county commissioners of any county shall have the power to create a sewer district in the manner hereinafter provided whenever:
(1) A petition requesting the creation of a sewer district is filed with the board; or
(2) the secretary of health and environment or the local health officer determines and certifies to the board that unsanitary conditions exist or are expected to develop and which may be removed or prevented by the installation and utilization of sewers.
(b) Any petition requesting the creation of a sewer district shall be signed by the owners of at least 51% of the acreage of the land in the proposed district. The petition shall state:
(A) The boundaries of the improvement district;
(B) the nature of the improvement;
(C) the estimated cost of the improvement;
(D) the proposed method of assessment; and
(E) the proposed apportionment of cost, if any, between the district and any other sewer district operated and maintained by the governing body.
The petition also shall state that if the board of county commissioners determines the improvement project is not feasible that all costs and expenses of the work, including preliminary planning, engineering, legal and other preliminary work of skilled persons employed by the board shall be assessed against the property of persons signing such petition. Any person signing the petition who desires to withdraw such person's name may do so by giving written notice to the county clerk on or before the date of the hearing on the petition. The petition shall be null and void after the board has determined not to create the district or after a period of two years from the date of the first signature on the petition, whichever occurs first.
History: L. 1983, ch. 99, § 4; L. 1986, ch. 70, § 3; May 15.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a03a Inclusion of land located in other benefit districts.

19-27a03a.
Inclusion of land located in other benefit districts.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or 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 sewer district created pursuant to K.S.A. 19-27a01 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 a sewer district.
History:
L. 1997, ch. 143, § 5; May 8.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a05 Notice; hearing; district extending into city limits.

19-27a05.
Notice; hearing; district extending into city limits.
(a) Prior to the creation of a sewer district, the board of county commissioners shall publish a notice stating: (1) Its intent to create a sewer district; (2) a description of the area of the proposed district or the property within the boundaries in sufficient detail to advise the landowners within the proposed district of the proposal; and (3) the date and location of a public hearing to be held to consider the creation of the sewer district and to hear objections thereto. The notice shall be published in a newspaper of general circulation in the county at least 10 days prior to the date of the hearing. Notice of the hearing also shall be mailed by prepaid first class mail, at least 14 days prior to the date of the hearing, to all landowners within the proposed district. The failure of any landowner to receive notice shall not invalidate creation of the district or any apportionment of costs therefor. Notice need not be given when a petition requesting the creation of a district is signed by 100% of the landowners subject to assessment in a proposed district.
(b) The board of county commissioners shall not create any sewer district within or extend any sewer district into the limits of any incorporated city without the consent of the governing body of the city.
History:
L. 1983, ch. 99, § 6; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a06 Resolution; cost exceeding estimate; second hearing required; notice; continuation or discontinuation of project.

19-27a06.
Resolution; cost exceeding estimate; second hearing required; notice; continuation or discontinuation of project.
(a) The board of county commissioners may create a sewer district by resolution passed at any time within one year after the conclusion of the public hearing required herein. The sewer district shall be created substantially as requested by the petition or other authorized request except that no area shall be added which was not described in the notice of public hearing.
(b) If at any time after creating a sewer district and prior to the letting of contracts for construction, the governing body of a sewer district determines that the cost of an improvement project will increase more than 10% of the initial estimated cost, the governing body shall hold another public hearing thereon. Notice of any subsequent hearings shall be given in the same manner as for the first hearing. After the hearing, the governing body may stop work on the project and dissolve the sewer district or approve the continuation of the project with any changes it deems necessary.
(c) If the governing body determines that the continuation of the project is not feasible, all costs and expenses of the project, including preliminary planning, engineering, legal and work of other skilled persons employed by the governing body shall be assessed against the lots and pieces of property within the district. The special assessment shall be levied and assessed as one tax, in addition to other taxes and special assessments. Upon the order of the governing body, the county clerk shall place the special assessment upon the tax roll for collection subject to the same rebate and collected in the same manner as other taxes.
History:
L. 1983, ch. 99, § 7; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a08 Transfer of property to another district; construction of sewers upon request; additional sewers in lateral districts, cost.

19-27a08.
Transfer of property to another district; construction of sewers upon request; additional sewers in lateral districts, cost.
(a) Whenever the total special assessment on any property for storm or sanitary sewers has been paid, the property shall not be transferred to another district and thereby be made liable for special assessments for storm or sanitary sewers in another district. The property may be included in a joint sewer district and may be assessed the costs incurred for the building of sewers which serves all the property within the joint sewer district.
(b) After a part but not all of the sewers which will ultimately serve all the property in a sewer district are constructed and upon petition of any landowner in the district who desires to have a sewer built to serve the petitioner's land, the governing body of the district may design, plan and build the sewers and apportion and assess the cost thereof in the manner provided by K.S.A. 19-27a07.
(c) When additional sewers are constructed, after a part but not all of the sewers have been constructed, in any lateral sewer district, the cost of the construction of additional sewers shall be charged to the property served by the sewers and none other.
History:
L. 1983, ch. 99, § 9; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a09 Maintenance fund; tax levy; user charges.

19-27a09.
Maintenance fund; tax levy; user charges.
(a) The governing body of any sewer district shall have power to levy annually a special maintenance tax for the purpose of creating a maintenance fund to be used for the purpose of maintaining and keeping in repair sewer improvements in the district.
(b) In addition to the special maintenance tax and for the purpose of sewer improvements or to pay the costs of operation and maintenance thereof, the governing body may establish a schedule of charges to be collected from individuals, cities, townships, sewer districts or other municipalities for the use of the sewer district facilities. Such charges may be graduated based on the use required and shall include the consideration of, but not limited to, the quantity, quality and rate of delivery of waste water contributed.
(c) Any special maintenance tax or user charge shall become a lien upon the property against which the levy or service charge is made from the date the levy or sewer service charge becomes due.
History:
L. 1983, ch. 99, § 10; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a10 Sewage received from other districts; apportionment of cost; assessment among districts.

19-27a10.
Sewage received from other districts; apportionment of cost; assessment among districts.
If any main sewer is located so that it receives or may receive sewage from more than one district, the board may provide that the cost of the main sewer below a designated point be divided among the districts in proportion to the benefit received. The proportion of the cost shall be assessed against the district as provided by K.S.A. 19-27a07. The board shall: (a) Designate the point in the line of the main sewer below which the provisions of this section apply; (b) describe the proposed location of the main sewer from such point to the outlet of the same or to the county boundary; (c) state the method of the payment of the cost of the main sewer by the benefiting districts; and (d) the proportion of the cost to be assessed against each district.
History:
L. 1983, ch. 99, § 11; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a11 Costs of combined or enlarged districts; tax levy; installments; bonds.

19-27a11.
Costs of combined or enlarged districts; tax levy; installments; bonds.
(a) Whenever sewer districts are combined, all bonded indebtedness existing on the effective date of the combination of districts shall remain a lien against and an obligation of the individual districts the same as before the combination.
(b) Whenever it is necessary to enlarge a sewer system, the cost of the enlargements shall be charged against all of the property in the entire main sewer district if the enlarged facilities are to be used by and benefit the entire main sewer district. If the sewer enlargements will serve only a part of the main sewer district, the cost shall be charged against only those properties located in the district which will use or be benefited by the same. The cost of all enlargements shall be paid by levying a tax at a uniform rate on all the property in the entire main sewer district if the enlarged facilities are to be used by and benefit the entire main sewer district. If only a part of the main sewer district is to use and benefit from the enlarged facilities, then the tax shall be levied only on the properties in the part of the main sewer district which will use or be benefited by the same. The tax shall be levied and collected, in addition to other taxes and special assessments, and when ordered by the governing body of the district, the county clerk shall place the tax upon the tax roll for collection subject to the same penalties and collected in the same manner as other taxes. The board of county commissioners may provide for the payment of the costs of the enlargement by installments instead of levying the entire tax for the cost at one time and may issue and sell general obligation bonds of the county in the manner provided by the general bond law.
History:
L. 1983, ch. 99, § 12; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a12 Disposal works and pumping stations; costs; bonds; approval by secretary of health and environment.

19-27a12.
Disposal works and pumping stations; costs; bonds; approval by secretary of health and environment.
(a) The board of county commissioners may construct, reconstruct, enlarge, extend or otherwise provide for one or more systems of disposal works for the purification of sewage. The board may build, operate and maintain disposal works, pumping stations, pumps or other apparatus necessary to handle and dispose of sewage. The costs and expenses of building the same shall be borne by the various districts then or thereafter using the same. The costs and expenses of constructing, reconstructing, enlarging or extending any sewage treatment or disposal works and facilities may be paid by the issuance and sale of general obligation bonds of the county. The cost of any improvements authorized by this section shall be determined and assessed in the manner provided by K.S.A. 19-27a07.
(b) Before any system of disposal works or pumping stations are constructed, the plans and specifications therefor shall be submitted to and approved by the secretary of health and environment.
History:
L. 1983, ch. 99, § 13; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a13 Joint sewer districts; creation; procedure; inclusion of certain districts; petition.

19-27a13.
Joint sewer districts; creation; procedure; inclusion of certain districts; petition.
(a) Subject to the provisions of K.S.A. 19-270, whenever the main sewer district engineer recommends the creation of one or more joint sewer districts to serve an existing or proposed lateral sewer district or any part thereof, together with additional described land in the same natural drainage area, the governing body of the main sewer district may adopt the appropriate resolution to create a joint sewer district. The joint sewer district may operate and maintain all sanitary sewer and sewage treatment facilities of the districts included in the joint district. All outstanding obligations of any sewer district at the time of its inclusion in a joint sewer district shall remain the obligations of the sewer district and the governing body of the sewer district shall continue to levy the special assessments and taxes necessary to pay the obligations against the lands located within the sewer district.
(b) Subject to the provisions of K.S.A. 19-270, whenever the governing body of any sewer district has constructed a sanitary sewer system which includes a sewage pumping station for the disposition of sewage and it appears to the governing body that it is more economical and in the best interests of the landowners in the sewer district, taking into account the cost of operating and maintaining the pumping station, the governing body, by resolution, may include the sewer district in a joint sewer district in order that the sewage may be disposed of by gravity sewers. No resolution shall be adopted until after the presentation of a petition signed by the owners of at least 51% of the area in the sewer district. The petition shall request the governing body to: (A) Dispose of the pumping station as advantageously as possible; (B) include the sewer district within a joint sewer district in order to dispose of the sewage by gravity; (C) construct any additional sewers that may be necessary; (D) assess the cost thereof against the property in the joint sewer district; and (E) issue general obligation bonds of the county to pay the costs thereof.
(c) The petition also shall state requirements listed in subsection (b) of K.S.A. 19-27a03, and amendments thereto. Prior to the creation of any joint sewer district, the governing body of the district shall hold a public hearing thereon and give notice thereof in the manner provided by K.S.A. 19-27a05, and amendments thereto.
History:
L. 1983, ch. 99, § 14; L. 1986, ch. 70, § 4; May 15.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a14 Enlargement of boundaries upon petition; additional levies.

19-27a14.
Enlargement of boundaries upon petition; additional levies.
Subject to the provisions of K.S.A. 19-270, the governing body of any main, lateral or joint sewer district, by resolution, may enlarge the boundaries of the district upon the presentation of a petition approved by the district engineer. The petition shall be signed by the owners of at least 51% of the area sought to be added to the district. The petition shall state the requirements listed in subsection (b) of K.S.A. 19-27a03, and amendments thereto. The resolution shall provide for the levying of taxes or special assessments, as may be appropriate, upon the property in the added area, the same as are being levied upon the property in the district, to pay the principal and interest on outstanding bonds issued for the payment of costs of improvements in the district. The resolution also shall provide for an additional special assessment upon the property in the added area to pay a proportionate share of all amounts previously paid by the district upon any bonds issued for such purposes. No area may be added to the district except where the sewage therefrom flows by gravity into the mains of the district unless the governing body, acting upon the recommendation of the chief engineer, determines that pumping is in the best interest of the area to be added. The additional levies shall be made over a period of years, as determined by the governing body, and the proceeds therefrom shall be credited to the bond and interest fund of the district.
History:
L. 1983, ch. 99, § 15; L. 1986, ch. 70, § 8; May 15.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a15 Annexation of district by a city; district not dissolved.

19-27a15.
Annexation of district by a city; district not dissolved.
Whenever the governing body of a sewer district has let contracts for the improvement of sewers and the same have been constructed and temporary notes have been issued for the purpose of paying part of the cost thereof pending the issuance of bonds and thereafter all or part of the district is annexed by a city, the district shall not be dissolved as a result thereof.
History:
L. 1983, ch. 99, § 16; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a16 Alteration of district's boundaries; district served by city-owned sewage system; hearing.

19-27a16.
Alteration of district's boundaries; district served by city-owned sewage system; hearing.
(a) Subject to the provisions of K.S.A. 19-270, the governing body of any sewer district, by resolution, may: (1) Alter the boundaries of the district to include or exclude parts of platted lots not wholly within the districts to coincide with the lot line or when good engineering practice requires, alter the boundaries of the district to include or exclude areas which should have been included or excluded initially by reason of the topography or include or exclude areas from which sewage could flow either direction; (2) assess the alterations; (3) relieve the parts of platted lots or other area excluded from previous assessments made by any other sewer district on those parts excluded; and (4) provide for the payment of the same out of the funds of the main sewer district in which those parts were formerly located.
(b) Upon presentation of a petition signed by 100% of the owners of land located within a main sewer district, which is being furnished sewer service by a city-owned sewage system, seeking to remove the land from such district, the governing body of any main sewer district which is located in a county which has been declared to be an urban area under the provisions of K.S.A. 19-3524, and amendments thereto, may alter the boundaries of such sewer district to conform to lot lines within platted subdivisions if the land was platted subsequent to the creation of the sewer district. Nothing in this subsection shall be construed to authorize the alteration of boundaries of any sewer district to include any territory not within the district originally created.
(c) Prior to exercising any authority granted by this section, the governing body of the sewer district shall call and hold a public hearing on the proposal. Notice of the hearing shall be given in the manner provided by K.S.A. 19-27a05, and amendments thereto.
History:
L. 1983, ch. 99, § 17; L. 1986, ch. 70, § 9; May 15.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a17 Inspection to determine adequacy of sewage facilities; additional facilities authorized; cost; bonds.

19-27a17.
Inspection to determine adequacy of sewage facilities; additional facilities authorized; cost; bonds.
(a) The governing body of any sewer district shall from time to time cause an inspection to be made and a certified report and detailed account of the maximum connected load, which is at that time being carried, treated and disposed of by the existing system and facilities, including population totals and trends of the district in relation thereof, together with any data necessary to determine the condition and adequacy of the facilities and improvements to serve the existing and definitely calculable demands of the district. The report and account shall be furnished by a competent consulting engineer and shall include the recommendations the engineer finds are necessary.
(b) If it appears from the report, detailed account and recommendations that the collection and treatment system is carrying a connected load in excess of the designed capacity, and if the governing body approves the report and recommendations, it shall submit to the secretary of health and environment a complete copy of the engineer's report, detailed account and recommendations as to what additional facilities should be provided in order to provide adequate capacity for collection and treatment of the then connected load, or what reasonably may be expected to be the connected load, within a reasonable period of time thereafter. After giving careful consideration to all information, the secretary shall either approve or disapprove the findings of the engineer and of the governing body. If the secretary approves the report, the governing body may assess the cost of the improvements against the property benefited in the manner provided by K.S.A. 19-27a07 and issue general obligation bonds of the county in the manner provided by the general bond law in the amount necessary to provide the funds with which to make the necessary improvements.
History:
L. 1983, ch. 99, § 18; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a18 Federal aid for costs; bonds.

19-27a18.
Federal aid for costs; bonds.
The governing body of any sewer district may apply for and accept grants of funds, materials or labor from the federal government or any departments thereof in the construction of sewer systems. The governing body may enter into any agreements required by the federal laws or the rules and regulations of any federal department to which the application is made. If assistance is granted, the governing body may issue bonds of the county for the remainder of the cost of the project.
History:
L. 1983, ch. 99, § 19; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a19 Contracts; public bidding required, when.

19-27a19. Contracts; public bidding required, when.
All contracts for any construction of all or part of a sewer system, the cost of which shall exceed $2,500, shall be awarded on a public letting to the lowest responsible bidder and in the manner provided by K.S.A. 19-214, 19-215 and 19-216, and amendments thereto.
History:
L. 1983, ch. 99, § 20; L. 2016, ch. 52, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a20 Unexpended bond proceeds; uses.

19-27a20.
Unexpended bond proceeds; uses.
Whenever bonds have been issued to pay the costs of additional improvements or enlarged facilities and unexpended funds remain after completion of all improvements authorized upon the recommendation of the main sewer district engineer, the governing body of the district may authorize, by resolution, the use of the unexpended funds for additional improvements or for the maintenance of the main sewer district.
History:
L. 1983, ch. 99, § 21; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a21 Deficits in bond and interest fund; levy authorized.

19-27a21.
Deficits in bond and interest fund; levy authorized.
Whenever the governing body of a sewer district has apportioned the cost of improvements on the basis of the assessed valuation of the property in the district and if at any time there is a deficit in any bond and interest fund of the sewer district, the governing body of the district shall make a levy based on the assessed valuation of all land and improvements in the main sewer district necessary to raise the required funds to pay the deficit and the principal of the bonds and interest in full.
History:
L. 1983, ch. 99, § 22; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 27a - Sewer Districts › 19-27a22 Revenue bonds for sewer projects in urban areas.

19-27a22.
Revenue bonds for sewer projects in urban areas.
(a) The governing body of any sewer district located in a county designated an urban area under the provisions of K.S.A. 19-3524, and amendments thereto, without an election thereon, may issue revenue bonds to: (1) Acquire property rights in connection with disposal of sewage, either within or outside the state; (2) enlarge main sewers of the district; (3) construct disposal plants; (4) acquire or construct revenue producing improvements for the district; and (5) provide funds to enable the governing body to exercise any of its powers. All revenue bonds issued shall be secured by a pledge of the revenues of the district, including user fees, charges and other revenues, any of which may be pledged to their payment.
(b) Prior to issuing any revenue bonds, the governing body shall adopt a resolution, which shall be recorded in its journal, declaring the acquisition or improvement necessary to be done and authorize issuance of revenue bonds to pay all or part of the costs thereof, including legal, engineering and other special costs. The resolution shall specify the amount of bonds to be issued, the rate of interest thereon, the maturity dates and the purpose for which the proceeds are to be expended. Revenue from the operation of any improvement financed in whole or in part by revenue bonds shall be paid into the treasury of the sewer district and kept in a separate fund to be used only for the purpose of paying the cost of operating and maintaining the improvement, providing an adequate depreciation fund and paying the principal and interest on the revenue bonds issued.
History:
L. 1983, ch. 99, § 23; July 1.