That the governing body of the City of Topeka may, by resolution, declare any street that is in its opinion a major traffic street and declare its intention of improving or reimproving said street. Such resolution shall describe in general terms the improvement or reimprovement to be made and that the cost or a stated percentage of the cost thereof shall be paid by the city at large out of the fund for the improvement and maintenance of streets or by the issuance of bonds. The resolution shall be published once a week for two consecutive weeks in the official city paper. If, within 20 days after the last publication of said resolution there shall be filed in the office of city clerk not later than 5:00 p.m. of the last day, a protest signed by qualified electors equal in number to not less than five percent of those who voted for the mayor at the last election, an election shall be called and held within 90 days after the last publication of the resolution.

The qualified electors shall be determined as of the date of the last publication of the resolution. The protest shall be signed personally by each person protesting and shall give the street address of such signer. The protest need not all be on one sheet, but each sheet shall bear an affidavit of one of the qualified signers of the protest (whose name need not be on the particular sheet) that he personally saw each person whose signature purports to be on the sheet sign the protest and that the person who signed the protest was the person whose name such person signed.

The election procedure shall be substantially as provided for bond elections in K.S.A. 10-120, and amendments thereto. An estimate of the cost of the improvement may or may not be included in the resolution and in the notice of election and in the proposition as stated on the ballot. If no protest or no sufficient protest is filed or if there is an election and the election carries by a majority of those voting at the election, the governing body shall by ordinance provide for the improvement.

If the cost is to be paid by bonds, temporary notes may be issued as provided by K.S.A. 10-123, and amendments thereto, during the progress of the work, and after the improvement is completed and the total cost ascertained, bonds shall be issued by ordinance. If a percentage of the cost is paid by the city, the remaining cost shall be assessed against the real property in the area deemed by the governing body to be benefited by such improvement. Said cost may be assessed equally per front foot or per square foot against all lots and pieces of land within such area benefited or may be assessed against such property according to the value of such lots and pieces of land therein, such value to be determined by the governing body of said city with or without regard to the buildings and improvements thereon or said cost may be determined and fixed on the basis of any other reasonable assessment plan which will result in imposing substantially equal burdens or shares of the cost upon property similarly benefited. (C.O. 74 § 1, 3-25-90; C.O. 13 § 2, 4-26-69.)