Session of 1999
By Representative Haley

  9             AN  ACT concerning cities; relating to reconstruction or repair of
10             sidewalks.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. (a) This act shall be an alternative to the procedure pro-
14       vided by K.S.A. 12-1801 et seq., and amendments thereto, for the repair
15       or reconstruction of sidewalks.
16             (b) The owners of any contiguous, adjacent or closely located prop-
17       erty within the city may file a petition with the governing body of the city
18       requesting the reconstruction or repair of a sidewalk or sidewalks abutting
19       such petitioner's property. Upon presentation of such petition and upon
20       a finding of need by the governing body of the city, the governing body,
21       by resolution, shall order such sidewalk or sidewalks reconstructed or
22       repaired. When determining the need for reconstruction or repair, the
23       governing body shall include as a consideration the length of time that
24       has elapsed since the last reconstruction or repair of such sidewalk. The
25       governing body may include other factors deemed necessary when mak-
26       ing such determination.
27             (c) The owner of property abutting on a street who desires to recon-
28       struct or repair a sidewalk may do so at the owner's expense. Such re-
29       construction or repair shall be made in accordance with the plans and
30       specifications adopted by the city.
31             (d) The cost of the reconstruction or repair of all sidewalks shall be
32       paid by the city unless the sidewalk is constructed, reconstructed or re-
33       paired by a property owner pursuant to subsection (c). If a sidewalk is
34       condemned and a new sidewalk constructed, the materials of the old
35       sidewalk shall be the property of the city. If the property owner removes
36       the old sidewalk and builds a new sidewalk, the materials of the old side-
37       walk shall be the property of the owner of property abutting the sidewalk
38       and such property owner shall remove the old material from the street.
39             Costs of reconstruction or repair paid by the city may be paid from the
40       city general improvement fund or any other fund created or designated
41       by the city for the maintenance of streets.
42             Sec.  2. Within one year after the effective date of this act, the gov-
43       erning body of each city shall establish and implement a plan for the

HB 2315


  1       inspection of existing sidewalks to determine the necessity for reconstruc-
  2       tion or repair thereof.
  3        Sec.  3. This act shall take effect and be in force from and after its
  4       publication in the statute book.