12-645. Same; appraisers; special benefit assessments; general tax levy, when. The governing body shall appoint three disinterested householders of the said city to appraise any special benefits that may accrue to any property by reason of said improvements being made. Said appraisers, before entering upon their duties, shall first take and subscribe to an oath to faithfully perform their duties as such appraisers and shall personally view, inspect and examine all lots and pieces of land liable to be specially benefited by said improvement being made. If in their judgment, the improvement benefits the city generally, said appraisers shall report the same to the governing body.
The governing body shall have the power to approve or reject the report of such appraisers. If such report of the appraisers is approved by such governing body, then the cost of the improvement shall be assessed against the city generally, and said governing body shall provide for the payment of the bonds issued hereunder and the interest thereon as the same becomes due and payable by the levy of a general tax on all of the taxable property of said city. If such report is disapproved by the governing body it shall discharge said appraisers and appoint three new appraisers who shall qualify and proceed as herein provided. If, in their judgment, any lots and pieces of land will be specially benefited by said improvement being made, other than the benefits to the city generally, said appraisers shall report the same to the governing body, listing the lots and pieces of land specially benefited and the amount of special benefit to each.
The same notices, public hearings, time for objections and appeals shall apply to the report assessing special benefits as provided for the report of appraisers to assess damages as provided in K.S.A. 12-639 to 12-643. The governing body shall have the power to revise and correct said report if in its judgment any benefit appraised to a lot or piece of land is too much or too small, and when so revised, corrected and approved by the governing body, the special benefits so ascertained shall be assessed against each lot and piece of land and collected the same as special taxes for sewers are collected: Provided, That should the benefits so ascertained exceed the cost of the improvement, a pro rata reduction shall be made to each lot and piece of land, so that the total assessments shall equal the cost of the improvement; and should the benefits so ascertained be less than the cost of the improvement, the remainder of the cost shall be assessed against the city generally, and said governing body shall provide for the payment of the said city at large portion of said bonds and the interest thereon as the same becomes due and payable, by the levy of a general tax on all the taxable property in said city.
History: L. 1917, ch. 87, § 11; R.S. 1923, § 12-645; L. 1927, ch. 99, § 1; L. 1951, ch. 130, § 2; March 9.
Structure Kansas Statutes
Chapter 12 - Cities And Municipalities
Article 6 - Public Improvements
12-601 Cost of street improvements assessed against abutting owners.
12-602 Resolution, protest, contract, levy and assessment for improvements.
12-603 Intervening street connections.
12-604 State or federal lands.
12-605 Grading districts; block assessments.
12-606 Assessments against unplatted or partially platted lands; extent of benefit district.
12-607 Alleys; connecting alleys.
12-609 Guaranty by contractor for maintenance and repair.
12-610 Application and scope of preceding sections.
12-612 Improvements by railway companies; liens; assessments.
12-614 Resurfacing and repair of paved streets; bonds; protest petition; election.
12-615 Resurfacing and repair of paved streets; bonds; tax levy.
12-617 Taxing districts in cities under 80,000; ordinance.
12-619 Cost of main sewers, how determined; ordinance; lands not subject to assessment.
12-620 Same; sewers in highways or across vacant lots.
12-622 Same; sewers and drains outside city; eminent domain.
12-623 Same; acquisition of land.
12-624 Cost of main sewers, how determined; costs, how borne; bonds, limitation.
12-626 Construction of pumping stations.
12-627 Same; approval of plans.
12-629 Same; bond limitations inapplicable.
12-630a Bonds for sewage treatment and disposal works; election; service charges; tax levy.
12-631a Alteration, repair, reconstruction or construction of sewer and payment thereof.
12-631b Acquisition of certain sewers or sewage facilities; ordinance.
12-631d Same; bonds or warrants, when; lien upon facilities.
12-631f Same; payment of outstanding notes.
12-631g Sewage service charges by cities and township districts; exceptions.
12-631i Same; sewage disposal system defined; use of revenue.
12-631j Same; rules and regulations.
12-631l Same; disposition of revenues; reduction of tax levy.
12-631n Municipal sewerage systems; definitions.
12-631o Same; reserve funds; payment or transfer of certain moneys to fund.
12-631r Storm sewers; construction of improvements outside boundaries of municipality.
12-631s Same; determination of necessity.
12-631t Construction and costs of sewage disposal works; bonds.
12-631u Same; within or without the city.
12-631v Same; condemn or purchase lands; consent.
12-631w Sewage disposal works; cost paid by city; bonds.
12-636 Same; resolution; engineer's estimate and report.
12-637 Same; review of engineer's report by chief engineer; approval or disapproval.
12-638 Same; eminent domain proceedings; advertising for bids.
12-640 Same; objection to appraiser's report; notice and hearing.
12-641 Same; hearing on report.
12-642 Same; time for objections to report.
12-643 Same; appeal to district court; bond; transcript, filing.
12-644 Overflow of natural watercourses; bonds of city.
12-645 Same; appraisers; special benefit assessments; general tax levy, when.
12-646 Same; bond limitations inapplicable, when.
12-646a Flood control works; maintenance and operation; tax levy, use of proceeds.
12-646b City of Halstead authorized to establish a flood control improvements fund.
12-667 Levy of assessments in installments.
12-671 Land for streets and alleys; bond issue; tax levy.
12-672 Docks, wharves, and river terminals.
12-682 Same; election; notice.
12-685 Designation of main trafficways.
12-686 Same; designating trafficway connections with main trafficways; right-of-way.
12-687 Same; improving trafficways and connections.
12-694 Water course improvements; eminent domain; police jurisdiction.
12-695 Same; bond limitations inapplicable.
12-6,102 City-county storm drainage system; resolution; method of assessment.
12-6,103 Same; preparation of assessment roll; public inspection.
12-6,105 Limitation on actions to set aside special assessments under civil rights statute.
12-6,110 Public improvements, costs; installment payments; delay in payment of assessments; bonds.
12-6,112 Same; ordinance requirements; notation of "payment delayed"; collection of assessments.
12-6,113 Same; undeveloped areas defined.
12-6,121 Acquisition by city of sewerage system created by county; procedure; financing of costs.
12-6,122 Public improvements; notice requirements when election is to be called.