13-1379.   Same; costs; installments and interest; taxlevy;special assessments; revenue bonds; leasing of parking facilities; methodof operation; revenue from parking meters.The cost of acquisition and improvements of public parking stationsmay be levied and assessed in not to exceed 10 installments, withinterest on the whole amount remaining due and unpaid each year at arate of interest not exceeding the maximum rate of interest prescribedby K.S.A. 10-1009, and amendments thereto. Any owner of land within thebenefit district may,within 30 days after the assessment ordinance is passed, paythe entire amount assessed against the land. Thegoverning body of such city is hereby authorized to assess, levy and collectthe cost ofacquisition and improvement of such public parking stations as isassessed against the privately owned property in the benefit districtand to levy a general tax on all the property in such city to pay suchpart of the cost thereof as is not assessed against the privately ownedproperty in the benefit district and to pay a portion of the principaland interest on bonds issued by such city under the authority of K.S.A.12-1774, and amendments thereto.

      No suit shall be maintained in any court to enjoin or in any waycontest the validity of any special assessment for the cost of acquiringor improving such parking stations unless the same is instituted andsummons served within 30 days from and after the date of thepublications of the ordinance levying such assessment. Where a city hasimproved parking lots under the provisions of this act, such city shallhave authority by resolution, which resolution shall be published oncein the official city paper, and without the necessity of apetition therefor to improve such parking lots including theconstruction thereon of additional facilities and shall pay for suchimprovements by the issuance of revenue bonds. The governing body of thecity is hereby authorized to lease such parking facilities or to provideany method of operation for such facilities which in their opinion willbe of greatest benefit to the public. No suit shall be maintained in anycourt to enjoin or in any way contest the validity of the proceedings ofthe governing body of the city for further improving already improvedparking lots under the provisions of this act, unless the proceedings areinstituted and summons served within 30 days from and after the date ofthe publication of the resolution authorizing the improvement.

      "Revenue bonds" as used in this act means bonds issued byany municipality in this state, which are paid exclusively from the netrevenue derived from the operation of off-street parking stations andfrom parking meters in the city. Such revenue bonds shall notconstitute in any case, a general obligation of such city, and thebonds, if and when issued, shall not be taken into considerationor account as a limitation on the power of such city to issue bonds forany and all other purposes heretofore or hereafter authorized by law,with relation to a limitation upon the bonded indebtedness of the city.Revenue bonds issued under the provisions of this act shall matureserially or otherwise to conform to the plan of liquidation and payment of thebonds and interest thereon. The date of maturity of any of thebonds shall not be fixed for a longer period of time than 30years after the date of issuance, and the bonds shall bear interest ata rate not to exceed the maximum rate of interest prescribed by K.S.A.10-1009, and amendments thereto. Such city shall have no right orauthority to levy taxes to pay the principal or interest of revenuebonds as defined herein and the provisions of K.S.A. 10-113, and amendmentsthereto, shall notapply to this act. Parking meters may be placed in off-street parkingstations now or hereafter established.

      The revenue derived from such off-street parking meters and therevenue derived from any other method of operation of such off-streetparking facilities shall be maintained in a revolving operating fundwhich need not be budgeted except that there shall be shown in theannual published budget the total amount received from all streetparking and off-street parking meters and facilities, and the amountspent during each budget year and the purposes, including payments onbonds and interest, for which spent. All sums necessary for theoperation of off-street parking meters and facilities and on-streetparking meters and facilities shall be a first claim on all revenuereceived from such parking meters and facilities. The net amount, afterthe deduction of the necessary operating expenses, may be pledged forthe payment of any revenue bonds issued to pay for the improvement ofoff-street parking meters and facilities on any improved parking lotswithin such city.

      History:   L. 1941, ch. 128, § 6; L. 1949, ch. 142, § 4; L.1951, ch. 157, § 1; L. 1970, ch. 64, § 29; L. 1979, ch. 52, § 60;L. 1981, ch. 173, § 41; L. 1983, ch. 49, § 61; May 12.