§ 59-2. Acquisition and related costs in improvement districts.

The city council shall carefully consider each street or highway or storm sewer or drain improvement project to determine if it should proceed, and when an improvement district is established in connection with such improvement project, the following shall apply:

(1)

All lots or tracts of land abutting upon any existing or proposed street or highway, the owner or owners or predecessors in title to which have dedicated the required easements, rights-of-way or property necessary for the opening, widening or extending of such street or highway will be exempt from the payment of special assessments in any improvement district to pay the cost of acquiring land necessary for such opening, widening, or extension from owners of lots or tracts of land abutting upon such highway and failing or refusing to dedicate or convey such property. Owners of lots or tracts abutting upon such existing or proposed street or highway not dedicated that required easements, rights-of-way or property necessary for the opening, widening or extension of such street or highway shall be assessed separately and additionally for acquisition of the necessary land and related costs on the front footage or square footage basis as deemed appropriate by the city and as authorized by K.S.A. 12-692 .

(2)

All lots or tracts of land abutting upon or situated above any existing or proposed storm sewer or drain, the owner or owners or predecessors in title to which have dedicated the required easements, rights-of-way or property necessary for the construction or improvement of such storm sewer or drain will be exempt from special assessments in any Improvement District made to pay the costs of acquiring land necessary for the construction or improvement of such proposed or existing storm sewer or drain. Owners of lots or tracts abutting upon such existing or proposed storm sewer or drain not dedicating the required easements, rights-of-way or property necessary of such proposed or existing storm sewer or drain shall be assessed separately and additionally for acquisition of the necessary land and related costs on a front footage basis as authorized by K.S.A. 12-692.

(3)

Unless established by eminent domain proceeding, the city will not pay more than the amount established by council policy for any right-of-way or easement acquisition costs for the opening, widening or extending of any street or highway or for the construction or improvement of any storm sewer or drain.

(Code 1967, § 24-6; Ord. No. 1230, § 1, 12-19-1994)

State law reference

Acquisition of land to pen, widen or extend street or to construct or improve storm sewer or drain, etc., K.S.A. 12-692.