68-731. Townships in counties between 25,000 and 200,000; improvement of certain platted land; costs; apportionment; special assessments; bonds.
68-731
68-731. Townships in counties between 25,000 and 200,000;improvement of certain platted land; costs; apportionment; specialassessments; bonds.In any township within any county having a population of more than 25,000and less than 200,000, where all of the land on one side of the street, road oravenue, including any adjoining or connecting street, road or avenuesought to be improved is platted or laid off in lots and blocks, thenwhen the owners of not less than 50% of the frontage ofland on the street, road or avenue, including any adjoining orconnecting street, road or avenue present a petition to them therefor,the board of county commissioners shall have the power to provide forthe construction or reconstruction of the curbing, guttering, paving,macadamizing or grading, including drainage, of any public road outsideof the limits of any incorporated city whenever it deems the samenecessary.
Whenever any such work is done or improvements made, the board ofcounty commissioners shall have the power to apportion the full costthereof, including its pro rata share of the cost of the streetintersections, equally per foot on all land abutting or fronting on thestreet, road or avenue improved, or apportion the costs ashereinafter provided for, and to levy special assessments for the fullcost or proportion thereof on all lots or land abutting on orfronting on the street, road or avenue a distance back therefrom notexceeding 150 feet for the distance improved orto be improved in the manner provided for the payment of cost of pavingand curbing in cities of the first class. The board of countycommissioners may issue and sellimprovement bonds therefor in like manner as is provided by law for thepaving and curbing of streets, alleys and public places in cities of thefirst class. The entire distance to be improved shall constitute theimprovement district provided for herein. Such bonds may be issued tomature in not more than 20 installments, the last of which shall benot later than 22 years from the date of issuance of the bonds. None ofthe debt limitations prescribed by lawfor any such county shall apply to any bonds issued under the authorityconferred by this section and in applying any statute limiting bondedindebtedness such bonds shall not be considered.
Whenever the board of county commissioners determines that anypart of a street, road or avenue, in addition to being of publicutility, is of general importance to the county, and theimprovement of which would incur unusual expense, the board mayadopt a resolution to charge not to exceed 60% of the expense of theimprovement to the county, theexpense to the lands within the benefit districts to be decreased inproportion. After the adoption of such a resolution, the board mayaccept aid or donations, establish an improvement fund, issue bonds,levy taxes and pay costs out of the general fund and road fund in thesame manner as authorized for like purposes under the provisions ofK.S.A. 68-707 to 68-709, inclusive, and amendments thereto.Whenever improvements are made in accordance withthe provisions of this act in which part of the cost of the improvementis apportioned to the county, the provisions ofK.S.A. 68-707 to 68-709, inclusive, and amendments thereto,shall apply, insofar as the same may be made applicable. Whenever anystreet, road or avenue is improved by the doing of any of the thingsprovided for by this act, then thereafter the township may maintain suchimprovements within such township. If the board of county commissionershas adopted a resolution creating such benefit district, it shallcomplete such work or improvements even though all or any part of theland therein is annexed to a city.
History: L. 1931, ch. 250, § 1; L. 1945, ch. 270, § 1; L. 1949,ch. 347, § 1; L. 1951, ch. 388, § 1; L. 1953, ch. 305, § 1; L.1955, ch. 302, § 1; L.1959, ch. 266, § 2; L. 1963, ch. 335, § 1; L. 1983, ch. 49, § 87; May 12.