Printable Format12-6a01. Procedures for certain improvements and for financing costs; definitions. For the purpose of this act, the terms defined in this section shall have the meanings ascribed to them as follows:
(a) "Improvement" means any type of improvement made under authority of this act and the singular may include the plural, and includes reimprovement of a prior improvement.
(b) "To improve" means to construct, reconstruct, maintain, restore, replace, renew, repair, install, equip, extend or to otherwise perform any work which will provide a new facility or enhance, extend or restore the value or utility of an existing facility.
(c) "Acquire" means the acquisition of property or interests in property by purchase, gift, condemnation or other lawful means, including improvements authorized to be constructed under this act, and may include the acquisition of existing property and improvements already owned by the city and previously financed by the issuance of revenue bonds, such acquisition to constitute a refunding of such revenue bonds and no additional refunding authority shall be required but nothing herein shall be construed to require a holder of any such revenue bonds to surrender bonds for refunding unless the provisions of such bonds allow the redemption thereof.
(d) "Cost" means all costs necessarily incurred for the preparation of preliminary reports, the preparation of plans and specifications, the preparation and publication of notices of hearings, resolutions, ordinances and other proceedings, necessary fees and expenses of consultants and interest accrued on borrowed money during the period of construction together with the cost of land, materials, labor and other lawful expenses incurred in planning and doing any improvement and may include a charge of not to exceed 5% of the total cost of an improvement or the cost of work done by the city to reimburse the city for the services rendered by the city in the administration and supervision of such improvement by its general officers, any necessary reserves and where property and improvements already owned by the city and previously financed by the issuance of revenue bonds is acquired the cost shall include not to exceed the principal amount of such outstanding revenue bonds plus the amount of matured interest, interest maturing within 90 days, and the amount of any call premium or purchase premium required.
(e) "Consultant" means engineers, architects, planners, attorneys and other persons deemed competent to advise and assist the governing body in planning and making of improvements.
(f) "Improvement district" means:
(1) An area deemed by the governing body to be benefited by an improvement and subject to special assessment for all or a portion of the cost of the improvement; or
(2) an area described in a petition submitted in accordance with subsection (c) or (d) of K.S.A. 12-6a04, and amendments thereto, and subject to a special assessment for all or a portion of the cost of the improvement.
(g) "Street" means street, alley, avenue, boulevard, or other public way or any part thereof.
(h) "Newspaper" means the official designated newspaper of the city, or if there is no newspaper published therein or no official newspaper, a newspaper of general circulation in the city authorized to publish legal notices.
(i) "Asbestos" means the asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonitegrunerite), anthophyllite, tremolite and actinolite.
(j) "Asbestos-containing material" means any material or product which contains more than 1% asbestos.
(k) "Asbestos control project" means any activity which is necessary or incidental to the control of asbestos-containing material in any municipally owned building or privately owned building, which has been declared by the governing body to be for a public purpose and a benefit to the general health, safety and welfare or to the general economic development of the area within * such privately owned buildings are located. Such project shall include, but not by way of limitation, any activity undertaken for:
(1) The removal or encapsulation of asbestos-containing material;
(2) any remodeling, renovation, replacement, rehabilitation or other restoration necessitated by such removal or encapsulation;
(3) conducting inspections, reinspections and periodic surveillance of buildings;
(4) performing response actions;
(5) developing, implementing and updating operations and maintenance programs and management plans; and
(6) all preparation, cleanup, disposal and postabatement clearance testing measures associated with such activities.
(l) "Lead control project" means any activity which is necessary or incidental to the control of any lead hazard in any municipally owned building or privately owned building, which has been declared by the governing body to be for a public purpose and a benefit to the general health, safety and welfare or to the general economic development of the area within * such privately owned buildings are located. Such project shall include, but not by way of limitation, any activity undertaken for:
(1) The removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil;
(2) any remodeling, renovation, replacement, rehabilitation or other restoration necessitated by such removal or encapsulation;
(3) conducting inspections, reinspections and periodic surveillance of buildings;
(4) performing response actions;
(5) developing, implementing and updating operations and maintenance programs and management plans; and
(6) all preparation, cleanup, disposal and postabatement clearance testing measures associated with such activities.
(m) "Lead hazard" means any condition which causes exposure to lead that would result in adverse human health effects.
(n) "Bonds" means general obligation bonds or special obligation bonds.
History: L. 1957, ch. 99, § 1; L. 1968, ch. 408, § 1; L. 1996, ch. 231, § 7; L. 2003, ch. 120, § 1; L. 2007, ch. 171, § 2; May 17.
Revisor's Note:
* The word "which" should have been included.
Cross References to Related Sections:
Notice requirements when improvement is subject to voter approval, see 12-6,122.
Law Review and Bar Journal References:
Special assessment plans in municipal corporations, 25 K.L.R. 286, 289, 291, 296 (1977).
"Home Rule in a Nutshell," Sandra Craig McKenzie, 48 K.L.R. 1005 (2000).
Attorney General's Opinions:
Services to property outside the boundaries of sewer improvement district. 81-102.
Effect of annexation on fire district territory. 81-213.
Private ownership and maintenance of storm drainage improvement is not municipal work or improvement. 83-41.
General improvement and assessment law; levy of assessments. 83-158.
Special assessments; work or improvements authorized. 84-108.
Release of special tax assessments; not applicable in certain cases. 93-97.
Land to be included in improvement district; abutting property must be included, nonabutting may be included. 2000-13.
CASE ANNOTATIONS
1. "Improvement district" defined as area deemed benefited by governing body; constitutionality upheld. Giddings v. City of Pittsburg, 197 Kan. 777, 781, 421 P.2d 181.
2. Provides statutory authority for special benefit districts. State Highway Commission v. Lee, 207 Kan. 284, 300, 485 P.2d 310.
3. District created and assessment made hereunder held arbitrary; plaintiff's property not lawfully included in improvement district. Snyder Realty Co. v. City of Overland Park, 208 Kan. 273, 275, 492 P.2d 187.
4. Act construed; complete alternative to other methods; square foot assessment under K.S.A. 12-6a08; injunction denied. Board of Education v. City of Topeka, 214 Kan. 811, 812, 813, 814, 522 P.2d 982.
5. Suit questioning validity of proceedings under act held barred under K.S.A. 12-6a11. Cherry v. Vanlahi, Inc., 216 Kan. 195, 196, 198, 200, 531 P.2d 66.
6. Referred to in determining substantial compliance with 1974 amendments to annexation statutes (K.S.A. 12-519 et seq.). Clarke v. City of Wichita, 218 Kan. 334, 347, 543 P.2d 973.
7. Act construed to include improvement of sidewalks; arbitrary action found in assessment of costs; city enjoined. Davies v. City of Lawrence, 218 Kan. 551, 552, 555, 556, 557, 545 P.2d 1115.
8. Mentioned; substantial departure in making assessments under K.S.A. 12-608; assessments invalid. Dodson v. City of Ulysses, 219 Kan. 418, 425, 549 P.2d 430.
9. Referred to in construing K.S.A. 13-10,115; creation of "fictional block" unlawful; assessment of intersection unreasonable and arbitrary. Bell v. City of Topeka, 220 Kan. 405, 410, 553 P.2d 331.
10. Benefit of improvement presumed to inure to property rather than to present particular use; landowner attempting to overturn assessments has burden of proof. Whitehead v. City of Fredonia, 9 Kan. App. 2d 90, 93, 94, 673 P.2d 125 (1984).
11. Cited; storm drain project within exceptions of K.S.A. 12-6a04; proper to exclude urban renewal property. Garvey Elevators, Inc. v. City of Wichita, 238 Kan. 682, 687, 688, 714 P.2d 956 (1986).
12. Fee simple taking for controlled-access highway right-of-way and related uses lawful under K.S.A. 26-201 despite definition herein. Murray v. Kansas Dept. of Transportation, 239 Kan. 25, 27, 716 P.2d 540 (1986).
13. Cited; notes issued under K.S.A. 12-6a14 governed by K.S.A. 10-131; interest income must set off expense applicable to specific project. Mallon v. City of Emporia, 11 Kan. App. 2d 494, 498, 726 P.2d 1354 (1986).
14. Cited; powers granted under Article 6a examined; no authority under K.S.A. 12-6a12 to redetermine boundaries. Madden v. City of Lenexa, 239 Kan. 397, 402, 721 P.2d 261 (1986).
15. Whether city's designation of street as main trafficway precludes financing improvements by special assessments examined. Davis v. City of Leawood, 257 Kan. 512, 514, 536, 893 P.2d 512 (1995).
16. Whether the designation of street as main trafficway precludes financing improvements under K.S.A. 12-685 examined. Bauer v. City of Olathe, 257 Kan. 540, 541, 560, 894 P.2d 823 (1995).
17. District court ruling that policy relying in part on act as method of financing thoroughfare improvements unlawful noted. Home Builders Ass'n v. City of Overland Park, 22 Kan. App. 2d 649, 652, 921 P.2d 234 (1996).