12-17,143. Same; special assessments, procedure; act not exclusive authority.
12-17,143
12-17,143. Same; special assessments, procedure; actnotexclusiveauthority.(a) In addition to any other power provided by law and as acomplete alternative to all other methods provided by law, the governing bodymay make, or cause to be made, projects identified in the petition submittedpursuant toK.S.A. 2009 Supp.12-17,142 or 12-17,144 and amendments thereto andmay levy and collectspecial assessments upon property in the district and provide for the paymentof all or any part of the cost of the project out of the proceeds of suchspecial assessments. If special assessments will be levied to finance all or aportion of the cost of a project, the municipality shall follow the assessmentprocedures in K.S.A. 12-6a01 et seq., and amendments thereto, exceptthat:
(1) No assessment may be levied against the municipality at large;
(2) no full faith and credit notes or bonds may be issued by themunicipality to finance aproject under this act; and
(3) assessment installments may be levied as otherwise provided by thissection.
(b) Prior to the date the municipality certifies its tax levy to the countyclerk pursuant to K.S.A. 79-1801, and amendments thereto, if the method offinancing for the project includes payment from the sources described in eithersubsection (c) or (d) of K.S.A. 2009 Supp. 12-17,147, and amendments thereto,the ordinance or resolution of the municipality thatlevies the assessmentsmay provide that such assessment installments for any year may be reduced oreliminated to theextent that the municipality has received sufficient funds from the sourcesdescribed in eithersubsection (c) or (d) of K.S.A. 2009 Supp. 12-17,147, and amendments thereto,to pay the debt service onany bonds issuedunder this act for the project which would have been paid by such assessmentinstallment. Themunicipality shall not be required to refund any prepayment of assessments forany assessmentinstallment which is reduced or eliminated after such prepayment is made to themunicipality.Any prepayment of assessments under this act shall be done in compliance withK.S.A. 10-115 and amendments thereto.
History: L. 2003, ch. 120, § 7;L. 2009, ch. 54, § 4; July 1.