12-17,143. Same; special assessments, procedure; act not exclusive authority.
12-17,143
12-17,143. Same; special assessments, procedure; act
not
exclusive
authority.
(a) In addition to any other power provided by law and as a
complete alternative to all other methods provided by law, the governing body
may make, or cause to be made, projects identified in the petition submitted
pursuant to
K.S.A. 2009 Supp.
12-17,142 or 12-17,144 and amendments thereto and
may levy and collect
special assessments upon property in the district and provide for the payment
of all or any part of the cost of the project out of the proceeds of such
special assessments. If special assessments will be levied to finance all or a
portion of the cost of a project, the municipality shall follow the assessment
procedures in K.S.A. 12-6a01 et seq., and amendments thereto, except
that:
(1) No assessment may be levied against the municipality at large;
(2) no full faith and credit notes or bonds may be issued by the
municipality to finance a
project under this act; and
(3) assessment installments may be levied as otherwise provided by this
section.
(b) Prior to the date the municipality certifies its tax levy to the county
clerk pursuant to K.S.A. 79-1801, and amendments thereto, if the method of
financing for the project includes payment from the sources described in either
subsection (c) or (d) of K.S.A. 2009 Supp. 12-17,147, and amendments thereto,
the ordinance or resolution of the municipality that
levies the assessments
may provide that such assessment installments for any year may be reduced or
eliminated to the
extent that the municipality has received sufficient funds from the sources
described in either
subsection (c) or (d) of K.S.A. 2009 Supp. 12-17,147, and amendments thereto,
to pay the debt service on
any bonds issued
under this act for the project which would have been paid by such assessment
installment. The
municipality shall not be required to refund any prepayment of assessments for
any assessment
installment which is reduced or eliminated after such prepayment is made to the
municipality.
Any prepayment of assessments under this act shall be done in compliance with
K.S.A. 10-115 and amendments thereto.
History: L. 2003, ch. 120, § 7;
L. 2009, ch. 54, § 4; July 1.