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, 2001.
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