68-701a. Filling certain gaps in counties of 130,000 or over; resolution by county commissioners; publication; time for protests.
68-701a
68-701a. Filling certain gaps in counties of 130,000 or over;resolution by county commissioners; publication; time for protests.Whenever any board of county commissioners in counties of not less than130,000 shall desire to permanently improve a road in their county onwhich a benefit-district petition has not been filed, they shall adopt aresolution to that effect and designate a benefit district and saidresolution shall be published in an official county paper circulating inthe district affected for three consecutive weeks following itsadoption: Provided, That said benefit district so ordered shall notexceed three and one half miles on either side of the road to beconstructed: And provided further, That said resolution shalldesignate the road or section of road to be improved by name andterminal points and other specially fixed locations and shall designateand describe the lands within the proposed benefit district, the type ortypes of permanent improvement and width or widths of roadway desiredand the number of annual assessments to be levied upon the lands in thebenefit district in payment thereof, which shall not be less than tennor more than twenty.
Thirty days after the first publication of such resolution the boardof county commissioners shall proceed with the improvement of such roadunless a protest signed by legal resident landowners of fifty-onepercent of the land in such benefit district shall have been filed withthe county clerk: And provided further, That the board of countycommissioners shall have no authority by resolution to create a roadbenefit district as herein provided nor to improve a road or portionthereof under the provisions of this act, except for the purpose ofconstructing or permanently improving a road to fill in a gap existingbetween the ends of two permanently improved highways, or constructingor improving a road in a gap between the ends of a permanently improvedhighway and a permanently improved street in any city or town within thecounty or constructing or permanently improving a road in a gap existingbetween the ends of two sections of a permanently improved highway, or agap between the ends of two permanently improved sections of a highway:Provided, That such gap does not exceed one and one-eighth miles inlength. In improving a road under the provisions of this act in allmatters not specifically covered hereby the board of countycommissioners shall proceed in accordance with the provisions of article7 of chapter 68 of the Kansas Statutes Annotated.
History: L. 1925, ch. 216, § 1; March 20.