12-6a19.   Assessment of benefit fee against propertynot in originalimprovement district.(a) Whenever the construction of any water, stormwater orsanitary sewerimprovement is initiated by petition pursuant toK.S.A.12-6a04, and amendments thereto, the governing body of the city may requirethe owners of property, which benefits from such water, stormwater orsanitary sewerimprovement butwhich was not includedwithin the original improvement district, to pay a benefit fee at the timethe owners of such property request, by petition, to be served by suchimprovement.

      The amount of such benefit fee shall not exceed the amount of theassessment, including principal and interest, which would have been leviedagainst the propertyhad it been included in the original improvement district.The benefit fee shall be assessedonly against the property described in the petition requesting service by thewater, stormwater or sanitary sewer improvement.Unlessotherwise provided by the city, such benefitfee shall be due and payable at the time the property begins being servedby the water, stormwater or sanitary sewer improvement, and shall besubject to the same interest, as assessments againstproperty originally included in theimprovement district for such water, stormwater or sanitary sewerimprovement. Any benefit fees paid hereundershall be applied: (1) To the remaining principal andoutstanding intereston thebonds issued to finance the water, stormwater or sanitary [sewer] waterimprovement, with a resulting pro rata reductionof the assessments against property originally included in the improvementdistrict for such water, stormwater or sanitary sewer improvement; or(2) the city general bond and interestfund if any of the cost of the water, stormwater or sanitary sewerimprovement was paid by the city at large.

      (b)   Whenever the construction of any arterial street improvement isinitiated by petition pursuant to K.S.A. 12-6a04, andamendments thereto, the governing body of the city may require the owners ofproperty, which benefits from such arterial street improvement but which wasnot included within the original improvement district, to pay a benefit fee atthe time the owners of such property request, by petition, to construct a newstreet or improve an existing street that will be or is connected to sucharterial street improvement and thereby benefited by such arterial streetimprovement. The amount of such benefit fee shall not exceed the amount ofassessment, including principal and interest, which would have been leviedagainst the property had it been included in the original improvement district.The benefit fee shall be assessed only against the property described in thepetition requesting the construction of streets that will be connected to sucharterial street improvement. Unless otherwise provided by the city, suchbenefit fee shall be due and payable at the conclusion of construction of thestreet improvement described in the petition, and shallbe subject to the same interest, as assessments against property originallyincluded in the improvement district for such arterial street improvement.

      Any benefit fees paid hereunder shall be applied: (1) To the remainingprincipal and outstanding interest on the bonds issued to finance the arterialstreet improvement, with a resulting pro rata reduction of the assessmentsagainst property originally included in the improvement district for sucharterial street improvement; or (2) the city general bond and interest fund ifany of the cost of the arterial street improvement was paid by the city atlarge.

      For purposes of this section, the term "arterial street" shall mean astreet, boulevard, avenue or part thereof within the city or extending not morethan three miles from the boundaries of the city, the primary function of whichis, or shall be, the movement of through traffic between areas of concentratedactivity within or without the city or the connection of one or more existingor proposed subdivisions within or without the city to other streets within thecity.

      The governing body of the city may designate, by resolution, all or anyportion of a street or proposed street as an arterialstreet; such determination to be final and conclusive.

      (c)   The provisions of this act shall be supplemental to any legalauthoritycities may exercise in imposing hookup or connection fees orother user orregulatory charges for water, stormwater or sanitary sewer service.The amount of anyhookup or connection fee imposed pursuant to this section shall not exceed theactual cost of connecting the property to the water, stormwater orsanitary sewer.

      History:   L. 1988, ch. 69, § 1;L. 1993, ch. 117, § 1;L. 2007, ch. 171, § 1; May 17.