12-6a17.   Service assessments; collection; no-fund warrants; limitationon actions.(a) The governing body of any city, in addition to any other authorityprovided by law, may provide for and charge all or any part of the cost ofany work performed by the city which is deemed necessary as a result of thefailure of any person to perform any work which has been made such person'sduty to perform by law or ordinance.

      (b)   Such service assessment shall be made by ordinance after a statementof the costs has been given the owner or other person and not less thansixty (60) days thereafter, during which time the charge may be paidwithout interest to the city treasurer. All such moneys shall be creditedas a reimbursable item to the fund or funds of the city from which the costof such services by the city are paid or payable.

      (c)   Any service assessment may be paid in one (1) installment or over aperiod of not to exceed three (3) years in equal annual installments withinterest from the date of issuance of any no-fund warrant hereinafterauthorized.

      (d)   The governing body may let any of the aforesaid service work tocontract or order the work by force account and issue no-fund warrants topay the cost thereof in an amount not in excess of the contract or the costof materials and labor necessary to the service performed. Such warrantsmay be issued to be payable over a period of three (3) years from and afterJanuary 1 of the year following the certification of the assessment to thecounty clerk.

      (e)   The aforesaid no-fund warrants shall be issued and registered asprovided by K.S.A. 79-2940 and bear interest at not to exceedthe maximum rate of interest prescribed by K.S.A. 10-1009 until paid:Provided, It shall be sufficient that the warrants recite that theyare issued under the authority of the city governing body and by virtue ofthis act. Such warrants shall be redeemed and paid by the county treasureras by law provided.

      (f)   All unpaid service assessments shall be certified by the city clerkto the county clerk with interest on the unpaid installments at the ratefixed by the no-fund warrants.

      (g)   No suit to set aside the said assessments shall be brought after theexpiration of thirty (30) days from the publication of the ordinance fixingsaid assessments.

      History:   L. 1957, ch. 99, § 17; L. 1970, ch. 64, §10; March 21.