Session Law

Identifying Information:L. 2001 ch. 170
Other Identifying Information:2001 House Bill 2124
Tax Type:Property Tax
Brief Description:An Act concerning improvement districts; relating to the powers and duties thereof; amending K.S.A. 19-2765 and repealing the existing section.
Keywords:


Body:

CHAPTER 170

HOUSE BILL No. 2124


An Act concerning improvement districts; relating to the powers and duties thereof;

amending K.S.A. 19-2765 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 19-2765 is hereby amended to read as follows: 19-

2765. (a) Every improvement district incorporated under the terms of

this act shall have the power to:

(1) Adopt a seal.

(2) Be sued and to sue by its corporate name.

(3) Adopt resolutions prescribing the manner in which the powers of

the district shall be carried out, and generally regulating the affairs of the

district.

(4) Plan and construct or to purchase public works and improvements

necessary for public health, recreation, convenience or welfare within the

limits of the improvement district. Also to construct or purchase works

outside the limits of the district which may be necessary to secure outlets,

disposal, etc., and permit satisfactory performance of the works within

the district.

(5) Purchase, hold, sell and convey real estate and other property.

(6) Take private property for public use by exercise of the right of

eminent domain as provided by law.

(7) (i) Annually levy and collect a general tax not exceeding five mills

on all taxable tangible property within the district, to create a general

fund. Unless consented to in writing by the owners of at least 90% of the

total area of land in the improvement district, no such levy shall be made

by any improvement district where the density of population thereof, as

determined by the county clerk of the county in which the district is

located, on the basis of the assessment rolls for the last assessment made

for the county, does not exceed one resident for each five acres of land,

including platted land and unplatted land, located within the district. (ii)

In addition to the levy authorized pursuant to (i), any improvement dis-

trict located in McPherson county may levy and collect annually a tax not

exceeding 20 mills on all taxable tangible property within the district to

create a fund to provide street lights in the district. (iii) In lieu of the levy

authorized under (i), any improvement district located in a county having

a population of more than 150,000 and less than 180,000 and having an

assessed taxable tangible valuation in such district of more than $300,000,

may levy and collect annually a tax not exceeding 15 mills on all taxable

tangible property within the district to provide moneys for the general

fund and, in addition, may annually levy and collect a tax of not to exceed

seven mills on all taxable tangible property within the district to provide

moneys for law enforcement and fire protection for all property located

within the district, if, in either case, 51% of the qualified electors of the

improvement district, as determined and verified by the board of direc-

tors of the district, shall petition the directors requesting that such levies

be made. (iv) Any improvement district may annually levy and collect a

general tax not exceeding six mills on all taxable tangible property within

the district to create a general fund, but no levy in excess of five mills

may be made unless the board of directors of such improvement district

has published a resolution authorizing a levy in excess of five mills once

each week for three consecutive weeks in a newspaper of general circu-

lation within the district. If within 30 days after the last publication of

such resolution, a petition protesting such levy, signed by qualified elec-

tors of the improvement district equal in number to not less than 10% of

the electors voting at the last improvement district election for directors,

is filed with the county clerk of the county in which such improvement

district is located, no levy in excess of five mills may be made. If no

petition protesting the levy in excess of five mills is filed within the pre-

scribed time, the improvement district may, annually thereafter, levy such

general tax not exceeding six mills.

(8) Levy assessments and special taxes, if deemed expedient by the

directors, upon all of the real estate in the district that may be benefited

by special works and improvements including the improvement and main-

tenance of roads in the district, which will be conducive to the public

health, convenience or welfare.

(9) Authorize the issuance of bonds to pay the cost of constructing

public works and improvements that will benefit all property located

within the district and be conducive to the public health, convenience, or

welfare and be beneficial to all of the inhabitants of the district. No such

bonds shall be issued unless consented to in writing by the owners of all

of the land in the improvement district or until authorized by a vote of

the taxpayers as hereinafter provided. The total amount of such bonds

outstanding shall not, unless consented to in writing by the owners of all

of the land in the improvement district, exceed 25% of the assessed val-

uation of the district as shown by latest assessment rolls. Unless consented

to in writing by the owners of at least 90% of the total area of land in the

improvement district, no such bonds shall be issued for the payment of

the cost of any improvement within any improvement district where the

density of population thereof, as determined by the county clerk of the

county in which the district is located, on the basis of the assessment rolls

for the last assessment made for the county does not exceed one resident

for each five acres of land, including platted land and unplatted land,

located within the district. Any improvement district having a population

of more than 2,000 and an assessed taxable tangible valuation of more

than $2,000,000 and located within a county having a population of more

than 300,000 is hereby authorized to issue revenue bonds the proceeds

of which shall be used only to purchase, construct, reconstruct, equip,

maintain or repair buildings and to acquire sites therefor, and to enlarge

or remodel such buildings and equip the same for the purposes set out

in and pursuant to the provisions of K.S.A. 12-1740 et seq., and amend-

ments thereto.

(10) Contract with other improvement districts or with other public

corporations for cooperation or joint action in the construction of public

works or improvements. Also to contract for and receive aid, contributions

and loans from the United States government or any agency thereof.

(11) Establish by resolution of the board of directors reasonable rates

on charges for the use of the sewage disposal system of the district and

provide for the manner of the making and collection of the same. ``Sewage

disposal system'' for the purposes of this act shall include the system of

sewers and the sewage disposal plant of the district.

(12) Make all contracts and do all other acts in relation to the affairs

of the district necessary to the proper exercise of its corporate legislative

or administrative powers and to the accomplishment of the purpose of its

organization.

(13) Purchase or acquire outdoor emergency warning sirens.

(14) Employ any person necessary to carry out the provisions of this

act.

(15) Do all other acts that may be necessary to carry out and execute

the general powers hereinbefore or hereinafter granted, although not

hereinbefore specifically enumerated.

(b) The board of directors of any improvement district the boundaries

of which are located more than five miles from the boundaries of any

incorporated city and Lake Wabaunsee improvement district located in

Wabaunsee county also shall have the power to:

(1) Secure the general health of the district by the adoption of res-

olutions to prevent, abate and remove nuisances. The secretary of the

board of directors shall send a notice to the owner of the property to

remove or abate such nuisance within a period of time not to exceed 10

days. If the owner fails to remove or abate the nuisance within the time

specified the board may provide for the removal or abatement of the

nuisance and provide for the assessment of the cost of abating or remov-

ing such nuisance against the property upon which the same is located or

maintained. Such assessments shall be certified by the secretary of the

board of directors of the district to the county clerk of the county in which

the property is located, to be placed upon the tax roll for collection at the

same time and in the same manner as ad valorem property tax levies are

collected and shall be subject to the same penalties and the same pro-

cedure for collection as is prescribed by law for the collection of such ad

valorem property taxes. Any unpaid costs assessed pursuant to this sub-

section shall become a lien upon the property from the date of assessment

thereof.

(2) Secure the health of the district by the adoption of resolutions

requiring the removal or destruction of grass, weeds or other vegetation

from any lot or parcel of land located within the district. The secretary

of the board of directors shall send notice to the owner of the property

to remove the grass, weeds or vegetation within a period of time not to

exceed 10 days. If the owner fails to remove the grass, weeds or vegetation

within the time specified, the board may provide for the removal thereof

and assess the cost of removal against the property on which the same

was located. Such assessments shall be certified by the secretary of the

board of directors of the district to the county clerk of the county in which

the property is located, to be placed upon the tax roll for collection at the

same time and in the same manner as ad valorem property tax levies are

collected and shall be subject to the same penalties and the same pro-

cedure for collection as is prescribed by law for the collection of such ad

valorem property taxes. Any unpaid costs assessed pursuant to this sub-

section shall become a lien upon the property from the date of assessment

thereof.

(3) Adopt resolutions regulating and prohibiting the running at large

of domestic animals.

(4) Adopt resolutions for the preservation of the peace and order of

the district and to prevent injury, destruction or interference with public

or private property.

(5) Adopt resolutions providing for the assessment of unpaid bills or

charges for utility services provided by the district against the property

receiving the service. Such assessments shall be certified by the secretary

of the board of directors of the district to the county clerk of the county

in which the property is located, to be placed upon the tax roll for col-

lection at the same time and in the same manner as ad valorem property

tax levies are collected and shall be subject to the same penalties and the

same procedure for collection as is prescribed by law for the collection

of such ad valorem property taxes. Any unpaid costs assessed pursuant to

this subsection shall become a lien upon the property from the date of

assessment thereof.

Sec. 2. K.S.A. 19-2765 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 9, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001