Same; action by governing body; protests

12-6a06. Same; action by governing body; protests. The governing body may, by a majority vote of the entire members-elect, at any time within six months after the final adjournment of the hearing on the advisability of making the improvements, adopt a resolution authorizing the improvement in accordance with the finding of the governing body upon the advisability of the improvement, as provided in K.S.A. 12-6a04, and amendments thereto, which shall be effective upon publication once in the newspaper, except that the improvement shall not be commenced if, within 20 days after publication of the resolution ordering the improvement, written protests signed by both 51% or more of the resident owners of record of property within the improvement district and the owners of record of more than half of the total area of such district are filed with the city clerk. Whenever adjoining parallel streets have been improved, and the proceedings are to improve the intervening connecting street to the same extent as the streets to be connected, or when two portions of any street have been improved and an intervening portion not exceeding two blocks has not been improved, and the proceedings are to improve such intervening portion to the same extent as the improved portions, the improvement shall not be commenced if, within 30 days after publication of the resolution ordering the improvement, written protests are signed by both 75% of the resident owners of record of such property and the owners of record of 75% of the total area of such property are filed with the city clerk. When the proceedings are to improve sanitary and storm water sewers, no protest shall be accepted by the city clerk and such improvements may be made regardless of protests. The genuineness of the signature and addresses of all signers of each protest shall be verified by some signer of such protest. The governing body shall be judge of the sufficiency of any protest and its decision shall be final and conclusive, except that names may be withdrawn from any protests by the signers at any time before the governing body shall convene its meeting to determine the sufficiency thereof. History: L. 1957, ch. 99, § 6; L. 1997, ch. 97, § 2; July 1. Law Review and Bar Journal References: Court interpretation discussed, J. Richard Foth, 14 K.L.R. 329, 333 (1965). Special assessment plans in municipal corporations, 25 K.L.R. 286, 287 (1977). Attorney General's Opinions: Requirements for protest against proposed improvement. 95-111. Allocation of cost of improvement between property in district and city at large; increase in city's share. 98-25. CASE ANNOTATIONS 1. "Parallel streets" and "improved" defined. Terrill v. City of Lawrence, 193 Kan. 229, 230, 233, 234, 392 P.2d 909. 2. Referred to; action to enjoin assessment under K.S.A. 12-6a08; evidence of one property sale within district insufficient to establish action arbitrary. Board of Education v. City of Topeka, 214 Kan. 811, 815, 522 P.2d 982. 3. Protest petition filed hereunder; city enjoined upon showing of arbitrary assessment of costs. Davies v. City of Lawrence, 218 Kan. 551, 555, 545 P.2d 1115. 4. Two parallel streets one mile apart with intermediate parallel streets are not "adjoining parallel streets." Smith v. City of Garden City, 6 Kan. App. 2d 826, 827, 635 P.2d 1271 (1981). 5. 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). 6. Whether city's designation of street as main trafficway precludes financing improvements by special assessments examined. Davis v. City of Leawood, 257 Kan. 512, 515, 518, 893 P.2d 512 (1995). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026