Skip to main content
This section is included in your selections.

A. Any owner of property within a proposed assessment district may protest as to the necessity of the improvement to be constructed therein. A protest is effective only if filed with the clerk no later than 5 p.m. on the last day the borough offices are open prior to the day of the public hearing under KIBC 4.40.050. Once a petition to initiate an assessment district has been filed, no signer of the petition may withdraw from the petition except by filing a protest in accordance with this section.

B. If the owners of property which will bear 50 percent or more of the amount assessed for the improvement protest the improvement in accordance with subsection A of this section, the assembly may not proceed with the improvement unless:

1. The number of protests has been reduced so as to represent property which will bear less than 50 percent of the amount assessed for the improvement; or

2. At least three-fourths of the assembly approves proceeding with the improvement. [Ord. 80-29-O §1, 1980].