Article 6a.--GENERAL IMPROVEMENT AND ASSESSMENT LAW
12-6a19.Assessment of benefit fee against property
not in original
improvement district.
(a) Whenever the construction of any water, stormwater or
sanitary sewer
improvement is initiated by petition pursuant to
K.S.A.
12-6a04, and amendments thereto, the governing body of the city may require
the owners of property, which benefits from such water, stormwater or
sanitary sewer
improvement but
which was not included
within the original improvement district, to pay a benefit fee at the time
the owners of such property request, by petition, to be served by such
improvement.
The amount of such benefit fee shall not exceed the amount of the
assessment, including principal and interest, which would have been levied
against the property
had it been included in the original improvement district.
The benefit fee shall be assessed
only against the property described in the petition requesting service by the
water, stormwater or sanitary sewer improvement.
Unless
otherwise provided by the city, such benefit
fee shall be due and payable at the time the property begins being served
by the water, stormwater or sanitary sewer improvement, and shall be
subject to the same interest, as assessments against
property originally included in the
improvement district for such water, stormwater or sanitary sewer
improvement. Any benefit fees paid hereunder
shall be applied: (1) To the remaining principal and
outstanding interest
on the
bonds issued to finance the water, stormwater or sanitary [sewer] water
improvement, with a resulting pro rata reduction
of the assessments against property originally included in the improvement
district for such water, stormwater or sanitary sewer improvement; or
(2) the city general bond and interest
fund if any of the cost of the water, stormwater or sanitary sewer
improvement was paid by the city at large.
(b) Whenever the construction of any arterial street improvement is
initiated by petition pursuant to K.S.A. 12-6a04, and
amendments thereto, the governing body of the city may require the owners of
property, which benefits from such arterial street improvement but which was
not included within the original improvement district, to pay a benefit fee at
the time the owners of such property request, by petition, to construct a new
street or improve an existing street that will be or is connected to such
arterial street improvement and thereby benefited by such arterial street
improvement. The amount of such benefit fee shall not exceed the amount of
assessment, including principal and interest, which would have been levied
against the property had it been included in the original improvement district.
The benefit fee shall be assessed only against the property described in the
petition requesting the construction of streets that will be connected to such
arterial street improvement. Unless otherwise provided by the city, such
benefit fee shall be due and payable at the conclusion of construction of the
street improvement described in the petition, and shall
be subject to the same interest, as assessments against property originally
included in the improvement district for such arterial street improvement.
Any benefit fees paid hereunder shall be applied: (1) To the remaining
principal and outstanding interest on the bonds issued to finance the arterial
street improvement, with a resulting pro rata reduction of the assessments
against property originally included in the improvement district for such
arterial street improvement; or (2) the city general bond and interest fund if
any of the cost of the arterial street improvement was paid by the city at
large.
For purposes of this section, the term "arterial street" shall mean a
street, boulevard, avenue or part thereof within the city or extending not more
than three miles from the boundaries of the city, the primary function of which
is, or shall be, the movement of through traffic between areas of concentrated
activity within or without the city or the connection of one or more existing
or proposed subdivisions within or without the city to other streets within the
city.
The governing body of the city may designate, by resolution, all or any
portion of a street or proposed street as an arterial
street; such determination to be final and conclusive.
(c) The provisions of this act shall be supplemental to any legal
authority
cities may exercise in imposing hookup or connection fees or
other user or
regulatory charges for water, stormwater or sanitary sewer service.
The amount of any
hookup or connection fee imposed pursuant to this section shall not exceed the
actual cost of connecting the property to the water, stormwater or
sanitary sewer.
History: L. 1988, ch. 69, § 1;
L. 1993, ch. 117, § 1;
L. 2007, ch. 171, § 1; May 17.
Article 6a.--GENERAL IMPROVEMENT AND ASSESSMENT LAW
12-6a19.Assessment of benefit fee against property
not in original
improvement district.
(a) Whenever the construction of any water, stormwater or
sanitary sewer
improvement is initiated by petition pursuant to
K.S.A.
12-6a04, and amendments thereto, the governing body of the city may require
the owners of property, which benefits from such water, stormwater or
sanitary sewer
improvement but
which was not included
within the original improvement district, to pay a benefit fee at the time
the owners of such property request, by petition, to be served by such
improvement.
The amount of such benefit fee shall not exceed the amount of the
assessment, including principal and interest, which would have been levied
against the property
had it been included in the original improvement district.
The benefit fee shall be assessed
only against the property described in the petition requesting service by the
water, stormwater or sanitary sewer improvement.
Unless
otherwise provided by the city, such benefit
fee shall be due and payable at the time the property begins being served
by the water, stormwater or sanitary sewer improvement, and shall be
subject to the same interest, as assessments against
property originally included in the
improvement district for such water, stormwater or sanitary sewer
improvement. Any benefit fees paid hereunder
shall be applied: (1) To the remaining principal and
outstanding interest
on the
bonds issued to finance the water, stormwater or sanitary [sewer] water
improvement, with a resulting pro rata reduction
of the assessments against property originally included in the improvement
district for such water, stormwater or sanitary sewer improvement; or
(2) the city general bond and interest
fund if any of the cost of the water, stormwater or sanitary sewer
improvement was paid by the city at large.
(b) Whenever the construction of any arterial street improvement is
initiated by petition pursuant to K.S.A. 12-6a04, and
amendments thereto, the governing body of the city may require the owners of
property, which benefits from such arterial street improvement but which was
not included within the original improvement district, to pay a benefit fee at
the time the owners of such property request, by petition, to construct a new
street or improve an existing street that will be or is connected to such
arterial street improvement and thereby benefited by such arterial street
improvement. The amount of such benefit fee shall not exceed the amount of
assessment, including principal and interest, which would have been levied
against the property had it been included in the original improvement district.
The benefit fee shall be assessed only against the property described in the
petition requesting the construction of streets that will be connected to such
arterial street improvement. Unless otherwise provided by the city, such
benefit fee shall be due and payable at the conclusion of construction of the
street improvement described in the petition, and shall
be subject to the same interest, as assessments against property originally
included in the improvement district for such arterial street improvement.
Any benefit fees paid hereunder shall be applied: (1) To the remaining
principal and outstanding interest on the bonds issued to finance the arterial
street improvement, with a resulting pro rata reduction of the assessments
against property originally included in the improvement district for such
arterial street improvement; or (2) the city general bond and interest fund if
any of the cost of the arterial street improvement was paid by the city at
large.
For purposes of this section, the term "arterial street" shall mean a
street, boulevard, avenue or part thereof within the city or extending not more
than three miles from the boundaries of the city, the primary function of which
is, or shall be, the movement of through traffic between areas of concentrated
activity within or without the city or the connection of one or more existing
or proposed subdivisions within or without the city to other streets within the
city.
The governing body of the city may designate, by resolution, all or any
portion of a street or proposed street as an arterial
street; such determination to be final and conclusive.
(c) The provisions of this act shall be supplemental to any legal
authority
cities may exercise in imposing hookup or connection fees or
other user or
regulatory charges for water, stormwater or sanitary sewer service.
The amount of any
hookup or connection fee imposed pursuant to this section shall not exceed the
actual cost of connecting the property to the water, stormwater or
sanitary sewer.
History: L. 1988, ch. 69, § 1;
L. 1993, ch. 117, § 1;
L. 2007, ch. 171, § 1; May 17.
Article 6a.--GENERAL IMPROVEMENT AND ASSESSMENT LAW
12-6a19.Assessment of benefit fee against property
not in original
improvement district.
(a) Whenever the construction of any water, stormwater or
sanitary sewer
improvement is initiated by petition pursuant to
K.S.A.
12-6a04, and amendments thereto, the governing body of the city may require
the owners of property, which benefits from such water, stormwater or
sanitary sewer
improvement but
which was not included
within the original improvement district, to pay a benefit fee at the time
the owners of such property request, by petition, to be served by such
improvement.
The amount of such benefit fee shall not exceed the amount of the
assessment, including principal and interest, which would have been levied
against the property
had it been included in the original improvement district.
The benefit fee shall be assessed
only against the property described in the petition requesting service by the
water, stormwater or sanitary sewer improvement.
Unless
otherwise provided by the city, such benefit
fee shall be due and payable at the time the property begins being served
by the water, stormwater or sanitary sewer improvement, and shall be
subject to the same interest, as assessments against
property originally included in the
improvement district for such water, stormwater or sanitary sewer
improvement. Any benefit fees paid hereunder
shall be applied: (1) To the remaining principal and
outstanding interest
on the
bonds issued to finance the water, stormwater or sanitary [sewer] water
improvement, with a resulting pro rata reduction
of the assessments against property originally included in the improvement
district for such water, stormwater or sanitary sewer improvement; or
(2) the city general bond and interest
fund if any of the cost of the water, stormwater or sanitary sewer
improvement was paid by the city at large.
(b) Whenever the construction of any arterial street improvement is
initiated by petition pursuant to K.S.A. 12-6a04, and
amendments thereto, the governing body of the city may require the owners of
property, which benefits from such arterial street improvement but which was
not included within the original improvement district, to pay a benefit fee at
the time the owners of such property request, by petition, to construct a new
street or improve an existing street that will be or is connected to such
arterial street improvement and thereby benefited by such arterial street
improvement. The amount of such benefit fee shall not exceed the amount of
assessment, including principal and interest, which would have been levied
against the property had it been included in the original improvement district.
The benefit fee shall be assessed only against the property described in the
petition requesting the construction of streets that will be connected to such
arterial street improvement. Unless otherwise provided by the city, such
benefit fee shall be due and payable at the conclusion of construction of the
street improvement described in the petition, and shall
be subject to the same interest, as assessments against property originally
included in the improvement district for such arterial street improvement.
Any benefit fees paid hereunder shall be applied: (1) To the remaining
principal and outstanding interest on the bonds issued to finance the arterial
street improvement, with a resulting pro rata reduction of the assessments
against property originally included in the improvement district for such
arterial street improvement; or (2) the city general bond and interest fund if
any of the cost of the arterial street improvement was paid by the city at
large.
For purposes of this section, the term "arterial street" shall mean a
street, boulevard, avenue or part thereof within the city or extending not more
than three miles from the boundaries of the city, the primary function of which
is, or shall be, the movement of through traffic between areas of concentrated
activity within or without the city or the connection of one or more existing
or proposed subdivisions within or without the city to other streets within the
city.
The governing body of the city may designate, by resolution, all or any
portion of a street or proposed street as an arterial
street; such determination to be final and conclusive.
(c) The provisions of this act shall be supplemental to any legal
authority
cities may exercise in imposing hookup or connection fees or
other user or
regulatory charges for water, stormwater or sanitary sewer service.
The amount of any
hookup or connection fee imposed pursuant to this section shall not exceed the
actual cost of connecting the property to the water, stormwater or
sanitary sewer.
History: L. 1988, ch. 69, § 1;
L. 1993, ch. 117, § 1;
L. 2007, ch. 171, § 1; May 17.