SEC. 3. This act shall take effect and be in force from and after its passage and publication in the official state paper. Approved March 10, 1909.

Published in official state paper March 20, 1909.

CHAPTER 71.

IMPROVEMENTS, CITIES FIRST CLASS.

Senate bill No. 290.

AN ACT relating to cities of the first class having a population of more than 65,000 and concerning the acquiring, improvement, maintenance and regulation of parks, parkways, boulevards, streets, bridges, viaducts, public buildings, grounds and places, and amendatory of and supplemental to chapter 115 of the Laws of 1907, entitled "An act relating to cities of the first class having a population of more than 50,000, and relative to the establishment, acquiring, maintenance, regulation and improvement of public parks, parkways, boulevards, streets, bridges, viaducts, public buildings, grounds and places," approved March 1, 1907, and repealing sections 2, 9, 10, 20, 22, 23, 40, 41, 45, 47, 54 and 55 of said act.

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That section 2 of chapter 115 of the Laws of 1907 be amended so as to read as follows: In cities of the first class having a population of more than 65,000 there shall be appointed by the mayor thereof, without confirmation by the city council, a board of park commissioners, composed of three freeholders and residents of the city, well known for their intelligence and integrity. The term of office of all commissioners hereafter appointed shall be for three years from the date of their appointment and until their successors have been appointed as aforesaid and have qualified. Any member of said board may be removed from his office by the mayor and councilmen for the same cause and in the same manner as other appointive officers. Said commissioners shall receive for their services the sum of six hundred dollars per year, to be paid out of the general park fund. No more than two members of said board shall belong to the same political party. One of the members of the board shall be designated in the appointment as president and one as vice-president thereof. Vacancies in said board shall be filled by appointment by the mayor for the unexpired term only. Any such commissioners shall be held to have vacated his office in the event of his accepting a nomination or appointment to or becoming a candidate for any public office. The members of said board shall give bond to the city in the sum of ten thousand dollars, with

one or more sureties, for the faithful performance of the duties of their office, and said bonds shall be filed in the office of the city clerk and approved by the mayor and councilmen. All bonds required to be given under this act shall be signed by one or more surety companies authorized to do business in the state of Kansas, and the bonds given by the park commissioners may be paid for out of the general park fund; provided, that nothing in this act shall limit the term of office of any board of park commissioners heretofore appointed, and each member of said board shall continue as such officer until the expiration of the term for which he was appointed and until his successor is appointed and qualified.

SEC. 2. That section 9 of chapter 115 of the Laws of 1907 be amended so as to read as follows: The board of park commissioners of any such city are authorized to levy by resolution of said board; subject only to the limitations contained in this act, an annual tax on all the taxable property of the city not to exceed one-fourth mill on the dollar to create a general park fund, to be used by said board in establishing, acquiring, improving and maintaining public parks, parkways and boulevards and generally in carrying out the provisions of this act, and to certify said levy to the county clerk of the county in which said city is situated, and have the same placed upon the tax-rolls thereof and collected as other taxes.

SEC. 3. That section 10 of chapter 115 of the Laws of 1907 be amended so as to read as follows: The board of park commissioners of any such city are authorized to levy by resolution of said board, subject only to the limitations contained in this act, an annual tax on all taxable property of any park district of such city of not to exceed one-fourth mill on the dollar to create a park fund for such district, to be used by said board in the acquiring, improvement and maintenance of parks and boulevards in such district, and to certify such levy to the county clerk and have the same placed upon the tax-roll and collected as other taxes.

SEC. 4. That section 20 of chapter 115 of the Laws of 1907 be amended so as to read as follows: No board of park commissioners shall issue general bonds of any such city to exceed in amount the sum of one hundred and fifty thousand dollars in any one calendar year, and the total amount of general bonds issued by any city under this act shall not at any time exceed in amount one per cent. of the assessed value of all the taxable property of such city. By the term "general bonds," as used in this act, is meant bonds which by the terms of this

act are to be paid by a general tax upon all the taxable property situated in any one or more park districts. When general bonds are issued on account of the cost of widening or extending any such boulevards, the board of park commissioners shall determine the amount of general benefit by reason of such improvement and shall not issue general bonds in excess of said amount, and may levy special assessments for the full amount of all special benefits by reason of such improvements against the lands specially benefited thereby, not to exceed in any instance the amount of such special benefit.

SEC. 5. That section 22 of chapter 115 of the Laws of 1907 be amended so as to read as follows: The board shall determine when it is necessary to grade, pave, macadamize, curb or gutter any street, parkway or boulevard, and the plans, specifications and material for such work and such determination shall be final. For all paving, macadamizing, curbing and guttering of streets, parkways and boulevards special assessments therefor may be apportioned and levied on each block separately on all lots and pieces of land to the center of the block on each side of such boulevard the distance improved. In case of grading, the assessment district shall extend to the center of the blocks on each side of the street, parkway or boulevard graded and for the entire distance graded. Whenever any street, parkway or boulevard shall be graded, curbed, guttered, paved or macadamized, and the lots or pieces of land abutting on such improvement shall not be divided into lots or blocks, the special assessment herein provided for shall be made on the lots or pieces of land adjoining such improvement through which the same may be located to the distance of three hundred feet from the street or alley upon which such improvements are made, extending along the street, parkway or boulevard the distance improved or to be improved; provided, that in no case shall the benefit district extend more than half way to the street, parkway, boulevard or public highway parallel with and next to the public street, parkway or boulevard to be improved. Special assessments may be levied for such improvements on each lot and tract of land in the assessment district established as aforesaid in proportion to the value of the lots or pieces of land, without regard to the improvements thereon. The value of such lots and lands shall be ascertained by three disinterested appraisers, appointed by the board. Before commencing such work said. appraisers shall take and subscribe an oath to make an impartial appraisement in accordance with the provisions of this

act, and shall receive for their services as compensation, for the time which they are actually employed, three dollars per day. It shall be the duty of such appraisers within ten days after their appointment to commence the appraising of such lots and tracts of land, and to file their report in writing with the clerk of the board within thirty days after their appointment. When said report is so filed the board shall fix a time to hear any complaints that may be made as to the value of any lot or tract of land appraised as aforesaid, and notice of such meeting shall be given by publication by the board for ten days, and said board at such meeting shall hear and determine all complaints made as to such report or any part thereof, and may alter or amend the same; and said report, when confirmed by said board after such hearing, shall be final and conclusive as to all matters contained therein. After the confirmation of such report the board may by resolution apportion and levy, in accordance therewith, special assessments for the full cost of such improvements, except only the cost of improving the areas forming the intersections of streets, avenues and alleys with the street or boulevard so improved. At least one-tenth of the amount of each of such assessments shall be collected each year. The full cost of improving the portion of streets, parkways or boulevards for which special assessments are to be levied may be paid by bonds or with funds obtained from the sale of bonds of the city, none of which bonds shall run longer than ten years nor bear interest to exceed five per cent. per annum, and assessments may be levied for the payment of such bonds, together with the interest thereon, as aforesaid. The cost of improving the areas formed by the intersections of streets, parkways or boulevards with the streets, parkways, boulevards or alleys shall be paid by general bonds of the city, none of which bonds shall run.. longer than ten years nor bear interest to exceed five per cent. per annum. Said bonds and the interest thereon shall be paid by a tax upon all the taxable property of the city. When special assessments are levied on account of the cost of improving any street, parkway or boulevard, the board of park commissioners shall determine the total amount of special benefits by reason of such improvements, and shall levy special assessments for the full amount of such special benefits. If the amount of special benefits are not equal to the cost of the improvement, the remainder of such cost shall be paid out of the general or park district fund or by the issue of bonds.

SEC. 6. That section 23 of chapter 115 of the Laws of 1907

be amended so as to read as follows: The credit of the city shall be pledged for the payment of all bonds issued. Bonds may be issued to the contractor constructing improvements in payment therefor, or the board may sell the same and pay the contractor from the proceeds thereof. Bonds shall not be issued in amount in excess of the full cost of any work or improvement, except that the instalment coupons shall include the interest on such instalments to the maturity thereof. Where an issue of bonds is for five hundred dollars or more the bonds shall be in denominations of five hundred dollars, and whenever, by reason of the amount of the contract price of an improvement, the issuing of a bond in a sum less than five hundred dollars is by the board found necessary or proper such bond may be issued. Where improvement bonds are issued under this act for improvements the cost of which is by law charged in whole or part by special assessment against specific property, the board shall levy special assessments or taxes each year sufficient to redeem the instalment of such bonds next thereafter maturing; but in computing the amount of the special assessment to be levied against each lot or piece of land liable therefor, interest thereon shall be added at the rate of five per cent. per annum from the date of the issuance of said bonds until the maturity of the instalment of bonds next thereafter maturing. Such special assessment shall be made upon the lots or pieces of land chargeable for the cost of such improvements, respectively, and shall be levied and collected in the same manner as other taxes; but the assessed valuation fixed for such cost which is established for the first year's assessment shall be retained for the special assessment for the succeeding instalments of said bonds. The owner of any lot or piece of land liable to any such special assessment may redeem his property from such liability by paying the entire amount chargeable against his property, upon the clerk of the board mailing him a written or printed notice thirty days before the issuance of the bonds, or after the issuance of the bonds by paying all the instalments of the assessments which have been levied, and also the amount of the unlevied instalments, with interest on the latter at the rate of five per cent. from the date of the issuance of the bonds to the time of maturity of the last instalment; in all cases where instalments of special assessments are paid, as above provided, whether before or after the bonds are issued, the same shall be paid to the city treasurer, who shall receipt therefor, and all sums so paid shall be applied solely to the payment of such improvements or the redemption of the bonds issued therefor. Where any piece of property has been re