24-816. Construction of levee partly or wholly within city of first class; assessments; bonds. - Kansas Statutes

24-816

Chapter 24.--DRAINAGE AND LEVEES Article 8.--LEVEES

      24-816.   Construction of levee partly or wholly withincity of first class; assessments; bonds.Whenever the board of county commissioners of any county in thisstate shall hereafter make any order granting a petition for theconstruction of a levee, or levees, to promote the public health,convenience and welfare, and to prevent overflow from any naturalwatercourse partly within or partly without or wholly within any city ofthe first class, under the provisions of K.S.A. 24-801 to 24-811,inclusive, 24-814 and 24-815, the lands and property embraced within theboundaries of the territory described in the order of the board ofcounty commissioners granting such petition shall be and constitute adrainage district, and with reference thereto the county commissionersshall have power in its discretion, instead of levying the entirespecial assessment therefor at one time, to provide for the payment ofthe same by installments, and issue improvement bonds therefor, payablein installments of equal amounts each year for such number of years asmay be deemed advisable. Such improvement bonds shall be indenominations as the board of county commissioners may prescribe, andshall bear interest at a rate not exceeding the maximum rate of interestprescribed by K.S.A. 10-1009, payable semi-annually.

      And whenever the board of commissioners shall determine to issueimprovement bonds under the authority of this act, it shall be the dutyof said board, after determining the entire cost and expense ofconstructing such levee, to apportion the same to and between theseveral tracts of land, railroads and street railways and highwayswithin the boundaries of said district in proportion to the sumsreported by the viewers as the basis of benefit to each respectively,and to levy a specific special assessment against each of the same forthe amount so apportioned to it, and it shall be the duty of the countyclerk, at once, to mail to each owner of any lot or piece of land orother property liable to such special assessment a written or printednotice of such apportionment, and the owner of any such lot or piece ofland or other property may redeem this property from such liability bypaying the entire amount chargeable against such property at any timewithin thirty (30) days from said apportionment, and no bonds shall beissued under the provisions of this act until the expiration of saidperiod.

      History:   L. 1909, ch. 80, § 1; R.S. 1923, 24-816; L. 1970, ch.64, § 70; March21.