68-716. Roads situated in more than one county or on county lines; procedure; apportionment of costs.

68-716

Chapter 68.--ROADS AND BRIDGES
PART I.--ROADS
Article 7.--IMPROVEMENT OF ROADS IN BENEFIT DISTRICTS

      68-716.   Roads situated in more than one county or on county lines;procedure; apportionment of costs.The petition as provided for in K.S.A. 68-701 may befor the improvement of a road or roads situated in more than one countyor upon the county line between two counties. A certified copy of thepetition shall be transmitted by the clerk of the county in which it isfiled to the board of county commissioners of the adjoining county andafter the approval and granting thereof by the county commissioners ofeach of said counties the several county boards may act in conjunctionin carrying on said improvements under the provisions of this act. Theassent of the majority of the members of each board shall be required inall proceedings.

      A contract for the construction of a road in more than one county maybe let, bids may be advertised for, proposals filed and the contract letat the county seat of either of the counties as the two boards shalldirect. The cost as between two counties and the townships and benefitdistricts therein, shall be apportioned according to the area of thebenefit districts in each county: Provided, That when a majorportion of the road petitioned for lies within one county and theremaining portion lies on the county line between two counties, and partof the benefit district lies in each county, the cost shall beapportioned as follows: After deducting all federal aid, state aid andother donations, the remainder of the cost of that portion of the roadlying entirely within one county shall be apportioned: fifty percent(50%) to the county; twenty-five percent (25%) to the taxable propertywithin the township or townships in which the benefit district issituated, divided according to the area of the benefit district in eachtownship; and twenty-five percent (25%) among the several tracts of landwithin the benefit district; the cost of the road on the county lineafter deducting all federal aid and state aid and other donations shallbe apportioned as follows: twenty-five percent (25%) to each county;twelve and one-half percent (12 1/2%) to each county to be assessedagainst the taxable property of the township adjacent to said road; andin case two or more townships in one county lie adjacent to the countyline road, the apportionment between the townships shall be on the ratioof the mileage of the road to be improved adjacent to each township; andtwelve and one-half percent (12 1/2%) of the cost of the county lineroad shall be apportioned to each county to be assessed against the landin the benefit district.

      After the ascertainment of the division of cost between the twocounties and the total apportionment to the townships and benefitdistrict in each and the application of state and federal aid anddonations, the county boards shall act separately in carrying out theprovisions of this act and shall make the assessments against each tractof land in the benefit district of each county in the manner provided inthis act.

      History:   L. 1917, ch. 265, § 12; L. 1920, ch. 48, § 1; Feb. 2; R.S. 1923,68-716.