Chapter 13 · Streets and Sidewalks

Article 1. Sidewalks

Sections 13-101 to 13-115 · 15 sections

13-101 Permit required.

It shall be unlawful to construct, reconstruct or repair any sidewalk within the city until the plans first have been approved by the governing body and a permit issued for such work by the city clerk. The cost of the permit is $20.

(Code 1987; Code 2021)

13-102 Sidewalk grade.

Hereafter all sidewalks constructed or reconstructed in the city shall be constructed on the established grade. When the mayor and council shall order a sidewalk constructed as hereafter provided, the city shall pay the cost of bringing the street to grade for the sidewalk. Where no grade has been established, the owner of abutting property may construct a sidewalk on the natural grade. If the grade has been established, the city street superintendent shall furnish the property owner with the official grade by reference to a stated distance above or below the street grade.

(K.S.A. 12-1801, 12-1807; Code 1987)

13-103 Same; specifications.

Hereafter all sidewalks shall be of single-course construction and shall be constructed and laid in accordance with standard plans and specifications hereby adopted by reference and filed in the office of the city clerk as provided by K.S.A. 12-1802. It shall be unlawful for any person, firm or corporation to construct, reconstruct or repair any sidewalk except as provided by this article. Sidewalks must meet ADA requirements.

(Code 1987; Code 2021)

13-104 Same; petition.

When a petition signed by not less than 10 citizens owning real estate in the city requesting construction of a sidewalk is filed with the city clerk, the governing body may in its discretion, by a resolution, order such sidewalk constructed as herein provided.

(K.S.A. 12-1803; 13-103)

13-105 Same; condemnation, reconstruction.

When any sidewalk, in the opinion of the governing body, become inadequate or unsafe for travel thereon, the governing body may adopt a resolution condemning such walk and providing for the construction of a new walk in the place of the walk condemned.

(K.S.A. 12-1804; 13-104)

13-106 Notice; publication.

The resolution providing for the construction or reconstruction of a sidewalk, as the case may be, shall give the owner of the abutting property not less than 30 days nor more than 60 days after its publication one time in the official city paper in which to construct or cause to be constructed or reconstructed the sidewalk at his or her own expense. If the sidewalk is not constructed by the property owner within the time specified, the governing body shall cause the work to be done by contract.

(K.S.A. 12-1805; Code 1987)

13-107 Right of abutting owner.

Nothing in this article shall be construed to prohibit the owner of property abutting on a street, who desires to construct or reconstruct a sidewalk at his or her own expense and in accordance with official plans and specifications for the purpose and which meet such other requirements as would have to be met if the sidewalk were constructed or reconstructed by the city, to construct or reconstruct a sidewalk without any petition or a condemning resolution by the governing body. If such property owner desires the sidewalk to be constructed and reconstructed by the city and an assessment levied as provided by law in other cases, he or she shall file a request with the governing body. The governing body, in its discretion, may provide for the construction or reconstruction of the sidewalk requested in the same manner as in other cases where citizens or taxpayers petition the governing body.

(K.S.A. 12-1806; Code 1987)

13-108 Repairs by owner or city.

(a)It shall be the duty of the owner of the abutting property to keep the sidewalk in repair, but the city may, after giving 15 days’ notice to the owner or his or her agent, if known, of the necessity for making repairs or without notice if the lot or piece of land is unoccupied, make all necessary repairs at any time. Repairs may be made by force account or by contract and an account of the costs thereof shalt be kept and reported to the governing body.

(b)The city shall by ordinance levy a special assessment against the lot or piece of land abutting on the sidewalks repaired for the cost of repair and if the abutting property owner does not pay the assessment within 30 days, upon the city clerk mailing to the owner or his or her agent, if known, a printed or written notice of the amount of such repairs, the full amount shall be certified by the city clerk to the county clerk to be put on the tax rolls for collection like other taxes. The temporary financing of repairs may be borne by the city out of the fund for maintaining streets or out of the general fund or capital improvement fund.

(c)The cost of all sidewalks shall be assessed against the property abutting on the sidewalk. When a sidewalk is condemned and a new sidewalk constructed, the materials of the old sidewalk shall be the property of the city, except in those cases where the property owner builds the new sidewalk and pays for it without any assessment having to be made, and in such cases he or she shall remove the old material from the street.

(d)When a sidewalk has been constructed or reconstructed and where special assessments must be levied for the expense involved the governing body shall, as soon as the cost is ascertained, levy an assessment against the lot or piece of land chargeable therefore, by ordinance, and the property owner shall have 30 days after the publication of the ordinance in which to make full payment of the assessment. The city clerk shall mail a notice not less than 15 days prior to the end of the 30 days to the owner of the property as shown on the records of the office of the register of deeds, but failure of the owner to receive the notice shall not affect the validity of the assessment. Any suit challenging the validity of the proceedings or the amount of the assessment must be filed within 30 days after the publication of the assessment ordinance.

(e)The assessment may be levied to be paid in one installment or in not more than five installments at the discretion of the governing body, and when installments are certified to the county clerk, interest at the rate specified on the scrip or bonds authorized to be issued shall be added. When scrip or bonds are not issued the interest on the one installment shall be 4%. The assessment shall include the cost of materials, labor, engineering and supervision, publication expense, cost of printing bonds, removing old sidewalks and all other expenses properly chargeable against the project. Certain costs not ascertained at the time of figuring the expense, such as publication of the assessment ordinance, printing of bonds, etc. may be estimated. The cost related to scrip or bond shall be deducted if the assessment is paid within 30 days.

(f)If the assessment is levied in one installment, the cost of construction or reconstruction of the sidewalk may be financed, until the assessment is paid, out of the fund provided for the maintenance of streets, general fund or capital improvement fund if the cost has been budgeted as an expense of the fund, and when the assessment and the interest are paid they should be credited to the funds; otherwise, the financing shall be by the issuance of sidewalk scrip or sidewalk bonds.

(g)The cost of constructing, reconstructing and repairing all sidewalks, abutting on lots or pieces of land belonging to the city or the state or to the United States, and that portion of the sidewalk extending from the projected property line to the curb and which does not abut on and which is not in front of or alongside of any lot or piece of land, shall be paid for by the city unless the state or United States shall pay the cost of the sidewalk abutting on property owned by the state or United States, and may be paid for out of the fund provided for the maintenance of streets or general fund or capital improvement fund by the issuance of scrip or bonds and the levying of taxes to pay the scrip or bonds.

(h)Any issue of sidewalk scrip or sidewalk bonds shall be issued to mature in not more than four installments. The last installment shall not be more than four years after the date of the scrip or bonds. Scrip and bonds shall bear interest of not more than the maximum rate of interest prescribed by K.S.A. 10-1009 and amendments thereto. Scrip and bonds shall be general obligations of the city, and the city shall take into account probable delinquencies in payment of assessments or installments of assessments and make a general tax levy therefore or include the amount in the city’s general bond tax levy and order to pay the scrip or bonds and interest when due, delinquent assessments notwithstanding, but this levy by the city shall not affect the obligation of the property owners to pay the assessment.

(i)Bonds shall be in general form of other bonds, and shall be registered, sold and issued in the manner provided by the general bond law. Scrip shall promise that the city will pay the bearer the stated amount on a stated date with interest at a stated rate, or in stated amounts, payable on stated dates interest coupons may be issued. The scrip also shall state that the payment of the principal and interest shall be paid at the office of the city treasurer, and that it is issued for sidewalk purposes, shall be dated, shall be signed by the mayor and attested by the city clerk, shall have the seal of the city attached thereto, shall be registered in the offices of the city clerk and city treasurer; shall be disposed of at not less than par and accrued interest by being turned over to the contractor or sold and the proceeds used for the payment of the cost of the sidewalks. The sale of scrip may be public or private, or without advertisement or bids. One issue of bonds or scrip may be for assessment against one or more tracts of land and may include or be only for the cost of intersection sidewalks, sidewalks along city, state or federal property or in other cases where the city at large must pay the cost. The issue of bonds and scrip shall be authorized by an ordinance for such issue.

(K.S.A. 12-1808; Code 1987; Code 2021)

13-109 Performance, statutory bond.

In any case where the reconstruction or construction of a sidewalk is required to be done by contract as provided in section 13-106, the governing body may require the contractor to give a bond for the faithful performance of the contract and for the construction of the sidewalk in accordance with the plans and specifications, ordinances of the city or laws of Kansas, and for all contracts exceeding $10,000 entered into by the city for any such purpose a statutory lien bond required by K.S.A. 60-1111 shall be furnished.

(Code 1987)

13-110 Obstructing sidewalks.

It shall be unlawful for any person to build or construct any step or other obstruction, whether temporary or permanent, or to store, leave or allow to be left in the implements, tools, merchandise, goods, containers, benches, display or showcases, on any sidewalks or other public ways in the city were to obstruct the same longer than is necessary for loading or unloading any such article or object. Except that there may be placed Pride benches on sidewalks not less than 2 feet from the curb to the front of the bench with the bench being no more than 3 feet from front to back.

(Code 1987; Ord. 1127; Code 2021)

13-111 Same; exception.

The city council may authorize the granting of temporary permits in connection with a building or moving permit for limited times only to the owner of property abutting on any sidewalk to use or encumber such sidewalk or public way of the city during the construction of any building or improvement thereon. No permit shall be issued for such purpose until plans for warning and safeguarding the public during such use of sidewalks shall have been submitted by the owner or his or her contractor and approved by the city council.

(Code 1987)

13-112 City to pay certain costs.

The cost of constructing, reconstructing and repairing that portion of the sidewalk extending from the projected property line to the curb and which does not abut on and which is not in front of or alongside of any lot or piece of land, shall be paid for by the city at large.

(K.S.A. 12-1813; Code 1987)

13-113 Expansion joint required.

Any person, persons, company or corporation building or causing to be built any sidewalk paralleling or abutting any improved street shall under the supervision of the city superintendent place at the junction of the sidewalk and improvement, an expansion joint of some bituminous material of not more than three-fourths inch or less than one-half inch.

(Code 1987)

13-114 Sidewalks constructed under supervision of city superintendent.

All sidewalks ordered constructed, reconstructed or repaired by the governing body of the city shall be constructed under the supervision of the city street superintendent.

(Code 1987)

13-115 Removal of nonadjoining sidewalks.

Property owners may remove sidewalks that are not adjoining other sidewalks without having to replace them.

(Code 2021)