12-6a09.   Financing costs; assessment rolls; notice and hearing.(a) As soon as the total cost of any improvement is determined, or thegoverning body has approved an estimate of the total cost of the improvement inthe case of assessments to be levied as determined pursuant to subsection(c), thegoverning body shall cause the assessments against each lot, piece orparcel of land deemed to be benefited, to be determined in the manner setforth in the resolution as to advisability of the improvement provided forin K.S.A. 12-6a04, and amendments thereto, and an assessment roll shall beprepared.

      (b)   The proposed assessment roll shall be filed with the city clerk andbe open for public inspection. The city clerk, at thedirection of the governing body, shall publish notice that the governingbodywill meet to consider the proposed assessments. Such notice shall bepublished in a newspaper at least once not less than 10 daysprior tosuch meeting of the governing body and shall state the date, time and placeof such meeting, and the general nature of the improvement, and its cost,the extent of the improvement district proposed to be assessed, and thatwritten or oral objections will be considered at such a hearing. At thesame time, the clerk shall mail to the owners of the property made liableto pay the assessment, at their last known post office address, a notice ofthe hearing and a statement of the cost proposed to be assessed; againstthe land so owned and assessed; but the failure of any owner to receivesuch notice shall not invalidate the proceedings.

      (c)   As an alternative todetermining the amount of the assessments after the total cost of theimprovement has been determined, thegoverning body, prior to commencement of construction of the improvement, maydetermine the maximum amount of the assessments against each lot, piece orparcel of land deemed to be benefitted by the improvement based on the approvedestimate described in subsection (a). Such determinationshall be made in the manner provided in the resolution adopted pursuant toK.S.A. 12-6a04, and amendments thereto. Following such determination, anassessment roll shall be prepared and filed with the city clerk and a hearingshall be called and held to consider the proposed assessments as provided bysubsection (b). The notice required by subsection (b) shall include astatement advising the owners of property included in the improvement districtthat the owners may bring an action pursuant to K.S.A. 12-6a11, and amendmentsthereto. The statement shall notify such owners of the thirty-day time periodin which such action may be filed and shall list the matters which may bechallenged pursuant to K.S.A. 12-6a11, and amendments thereto. The failure ofany owner to receive the notice required by this section shall not invalidatethe proceedings. Such assessments shall be levied in the manner provided byK.S.A. 12-6a10 and 12-6a11, and amendments thereto. The governing body of thecity shall not be precluded from levying supplemental assessments as authorizedby and for the reasons stated in K.S.A. 12-6a12, and amendments thereto. Ifthe finalcost of the completed improvement is less than the maximum amount of theassessment determined under this subsection, the governing body of the cityshall adjust the assessments to reflect the cost of the completedimprovement.

      History:   L. 1957, ch. 99, § 9;L. 1994, ch. 5, § 1; July 1.