68-735. Certain townships in counties between 25,000 and 200,000; improvement of certain platted land; apportionment of costs; special assessments; bonds.
68-735
68-735. Certain townships in counties between 25,000 and 200,000;improvement of certain platted land; apportionment of costs; specialassessments; bonds.A township having a population of more than 6,000 outsidethe limits of any incorporated city or town within such township, and locatedwithin any county having a population of more than 25,000 and less than200,000 where allof the land on both sides of any road, street, or avenue, including anyadjoining or connecting road, street or avenue, sought to be improved isplatted or laid off in lots and blocks, then when the owners of 40%of the frontage of land on the street, road or avenue,including any adjoining or connecting road, street or avenue, present apetition to them therefor, the board of county commissioners shall havethe power to provide for the construction or reconstruction of thecurbing, guttering, paving, macadamizing or grading, including drainage,of any public road outside of the limits of an incorporated citywhenever it deems the same necessary.
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 streetintersections, or apportion the costs as hereinafter provided, and tolevy special assessments for the full cost or proportion thereof on eachblock separately, on all lots and pieces of lands to the center of theblock on each side of such street, road or avenue in the manner providedfor the payment of cost of paving and curbing in cities of the firstclass. The board of county commissioners may issue and sellimprovement bonds therefor in like manneras is provided by law for the paving and curbing of streets, alleys andpublic places in cities of the first class. 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 that effect, and may charge not to exceed 60%of the expense of the improvement 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 of said K.S.A.68-707 to 68-709, inclusive, and amendments thereto,shall apply, insofar as the same may be made applicable.
Whenever any street, road, or avenue is improved by the doing of anyof the things provided for in this act, then thereafter the township maymaintain such improvements within such township.
If the board of county commissioners has adopted a resolutioncreating such benefit district, it shall complete such work orimprovements even though all or any part of the land therein is annexedto a city.
History: L. 1937, ch. 288, § 1; L. 1945, ch. 270, § 2; L. 1949,ch. 347, § 2; L. 1951, ch. 388, § 2; L. 1953, ch. 305, § 2; L.1955, ch. 302, § 2; L.1959, ch. 266, § 3; L. 1983, ch. 49, § 88; May 12.