KANSAS OFFICE of
  REVISOR of STATUTES

  

Home >> Statutes >> Back


Click to open printable format in new window.Printable Format
 | Next

13-1013. System of sewerage and drainage; districts; cost; assessments. The governing body may provide for a system of sewerage and drainage for the city, or any part thereof, and build and construct sewers and drains for the city, or any part thereof. Such sewers shall be constructed by districts created by ordinance. Such districts shall be in three classes, intercepting, main and lateral. Whenever in the judgment of the governing body it is necessary in order to properly handle the sewage or drainage of a city, that two or more main sewers, constructed as hereinafter provided, be connected, then the governing body shall have power to create an intercepting sewer district and build and construct an intercepting sewer. The district for such sewer shall be created by ordinance, and shall embrace all that part of the city which will be benefited by such intercepting sewer.

When it is necessary that any part of the city have a system of sewerage or drains, then the governing body shall have power to create a main sewer district and shall have power to build and construct a main sewer, which main sewer shall be a trunk-line sewer to which lateral sewers, constructed as hereinafter provided, may be connected whenever the same are constructed. Whenever it is necessary that any part of a main sewer district have a lateral sewer then the governing body shall have power to create a lateral sewer district and to build and construct a lateral sewer. Intercepting, main and lateral sewer districts shall be created and defined by ordinance and the cost of all such sewers, intercepting, main and lateral, shall be assessed against all lots and pieces of land in the districts as created and such special assessment shall be levied by the city and certified by the city clerk to the county clerk to be placed on the tax rolls for collection, subject to the same penalties and collected in like manner as other taxes.

The procedure used by the city in determining the valuation to be placed on lots and pieces of land in sewer districts, for the purpose of special assessments to pay for the cost of constructing sewers, shall be the same as provided for determining the valuation of lots and pieces of land for the purpose of special assessments to pay for the cost of paving streets in cities of the first class: Provided, however, That no property which has paid its full proportion for a main sewer shall be transferred to any other main sewer district and made liable for the construction of a main sewer therein, nor shall any property which has paid its full proportion for a lateral sewer be transferred to any other lateral sewer district and made liable for the construction of a lateral sewer herein.

The governing body shall have power to rebuild, reconstruct or enlarge any sewer now constructed, or hereafter constructed, whenever in the judgment of the governing body such sewer is inadequate, defective or worn out, and the cost of such rebuilding, reconstruction or enlargement shall be levied on the property benefited by such rebuilding, reconstructing or enlargement in the manner hereinbefore provided in the construction of new sewers.

History: L. 1903, ch. 122, § 149; L. 1911, ch. 99, § 1; L. 1915, ch. 131, § 1; March 22; R.S. 1923, § 13-1013.

Source or prior law:

L. 1881, ch. 37, § 19.

Cross References to Related Sections:

See also 13-1029.

Contracts with sewerage corporations, see 17-624.

Law Review and Bar Journal References:

1956-57 survey of Kansas law, Lawrence E. Curfman, 6 K.L.R. 206, 207 (1957).

CASE ANNOTATIONS

1. Method for apportionment of assessments when not prescribed, considered. Douglass v. Craig, 4 Kan. App. 99, 107, 46 P. 197. Reversed: Douglass v. Craig, 58 Kan. 814, 48 P. 917.

2. Requirements of statutes considered; section fully construed. Gilmore, County Clerk, v. Hentig, 33 Kan. 156, 165, 5 P. 781.

3. Sewers may be constructed by districts or otherwise; apportionment of tax. City of Atchison v. Price, 45 Kan. 296, 313, 25 P. 605.

4. Establishment of sewer district upheld unless fraud shown. City of Topeka v. Huntoon, 46 Kan. 634, 647, 26 P. 488.

5. Statute does not authorize charge against property not specially benefited; valid. Kansas City v. Gibson, 66 Kan. 501, 72 P. 222.

6. Limitation of action to contest special assessments considered. Kansas City v. Gibson, 66 Kan. 501, 504, 72 P. 222.

7. Subdistricts may be created for lateral or tributary sewer. Coates v. Nugent, 76 Kan. 556, 559, 92 P. 597.

8. Assessment in main district does not prohibit assessment in subdistrict. Coates v. Nugent, 76 Kan. 556, 559, 92 P. 597.

9. Determination that property is specially benefited; when determination conclusive considered. Coates v. Nugent, 76 Kan. 556, 559, 92 P. 597.

10. Effect of curative act upon assessments previously made, considered. Shepherd v. Kansas City, 81 Kan. 369, 372, 105 P. 531.

11. Section not repealed or limited by L. 1907, ch. 199. Ransom v. Minnick, 92 Kan. 953, 955, 956, 142 P. 934.

12. Definite location of sewer not shown in resolution; substantial compliance. Ransom v. Minnick, 92 Kan. 953, 955, 956, 142 P. 934.

13. Authority to make levy for dikes and drainage districts considered. Kaw Valley Drainage Dist. v. Kansas City, 119 Kan. 368, 371, 239 P. 760.

14. City and adjoining district may contract for joint improvement; cost. Alber v. Kansas City, 138 Kan. 184, 190, 25 P.2d 364.

15. City may contract for sewer to be laid partly outside city. Addis v. Kansas City, 143 Kan. 25, 27, 53 P.2d 809.

16. Discussed; Laws 1945, chapter 179 (K.S.A. 19-2731 through 19-2752), relating to sewer districts valid; general legislation. Johnson County Comm'rs v. Robb, 161 Kan. 683, 694, 171 P.2d 784.

17. Evidence examined; on failure to show payment of full proportion overruling demurrer error. Lacey v. City of Wichita, 180 Kan. 323, 324, 325, 326, 304 P.2d 558.

18. Construed with K.S.A. 12-608; sewer cost assessed on basis of value of properties involved proper. Koerner v. City of Wichita, 190 Kan. 663, 664, 665, 378 P.2d 42.

19. City has authority to subject state-owned property to special assessments for public improvements. State Highway Commission v. City of Topeka, 193 Kan. 335, 336, 393 P.2d 1008.

20. A "submain" is a sewer for which special assessments may be levied hereunder. West Wichita Homeowners Ass'n, Inc. v. City of Wichita, 206 Kan. 232, 477 P.2d 951.


 | Next


LEGISLATIVE COORDINATING COUNCIL
  11/14/2024 Meeting Notice
  10/23/2024 Meeting Notice Agenda
  09/09/2024 Meeting Notice Agenda
  08/21/2024 Meeting Notice Agenda

  LCC Policies

REVISOR OF STATUTES
  Chapter 72 Statute Transfer List
  Kansas School Equity & Enhancement Act
  Gannon v. State
  A Summary of Special Sessions in Kansas
  Bill Brief for Senate Bill No. 1
  Bill Brief for House Bill No. 2001
  2024 New, Amended & Repealed Statutes By Bill
  2024 New, Amended & Repealed Statutes By KSA
  2023 New, Amended & Repealed Statutes By Bill
  2023 New, Amended & Repealed Statutes By KSA
USEFUL LINKS
Session Laws

OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department