State Codes and Statutes

Statutes > Kansas > Chapter65 > Article33 > Statutes_26447

65-3327

Chapter 65.--PUBLIC HEALTH
Article 33.--WATER POLLUTION CONTROL

      65-3327.   Repayment of loans; dedicated revenue sources; user charges;failure of municipality to meet repayment terms; project accounts;repayment from federal grants; loan not part of bonded indebtedness.(a) The dedicated source of revenue for repayment of the loans may includeservice charges, connection fees, special assessments, property taxes, grantsor any other source of revenue lawfully available to the municipality for suchpurpose. In order to ensure repayment by municipalities of the amounts of loansprovided under K.S.A. 65-3321 through 65-3329, and amendmentsthereto, the secretary, after consultation with the governing body of anymunicipality which receives a loan, may adopt charges to be levied againstusers of the project. Any such charges shall remain in effect until the totalamount of the loan, and any interest thereon, has been repaid. The chargesshall, insofar as is practicable, be equitably assessed and may be in the formof a surcharge to the existing charges of the municipality. The governing bodyof any municipality which receives a loan under K.S.A. 65-3321through 65-3329, and amendments thereto, shall collect any charges establishedby the secretary and shall pay the moneys collected therefrom to the secretaryin accordance with procedures established by the secretary.

      (b)   Upon the failure of a municipality to meet the repayment terms andconditions of the agreement, the secretary may order the treasurer of thecounty in which the municipality is located to pay to the secretary suchportion of the municipality's share of the local ad valorem tax reductionfund as may be necessary to meet the terms of the agreement, notwithstandingthe provisions of K.S.A. 79-2960 and 79-2961 and amendments thereto. Upon theissuance of such an order, the municipality shall not be required to make thetax levy reductions otherwise required by K.S.A. 79-2960 and 79-2961 andamendments thereto.

      (c)   Municipalities which are provided with loans under K.S.A.65-3321 through 65-3329, and amendments thereto, shall maintain projectaccounts in accordance with generally accepted government accounting standards.

      (d)   Municipalities which receive a grant and an allowance under thefederal act with respect to project costs for which a loan was providedunder K.S.A. 65-3321 through 65-3329, and amendments thereto, shallpromptly repay such loan to the extent of the allowance received under thefederal act.

      (e)   Any loans received by a municipality under the provisions of K.S.A.65-3321 through 65-3329, and amendments thereto, shall be construed to bebonds for the purposes of K.S.A. 10-1116 and 79-5028, and amendments thereto,and the amount of such loans shall not be included within any limitation on thebonded indebtedness of the municipality.

      History:   L. 1988, ch. 320, § 7; L. 1990, ch. 66, § 43; L. 1991,ch. 195, § 1; April 18.

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article33 > Statutes_26447

65-3327

Chapter 65.--PUBLIC HEALTH
Article 33.--WATER POLLUTION CONTROL

      65-3327.   Repayment of loans; dedicated revenue sources; user charges;failure of municipality to meet repayment terms; project accounts;repayment from federal grants; loan not part of bonded indebtedness.(a) The dedicated source of revenue for repayment of the loans may includeservice charges, connection fees, special assessments, property taxes, grantsor any other source of revenue lawfully available to the municipality for suchpurpose. In order to ensure repayment by municipalities of the amounts of loansprovided under K.S.A. 65-3321 through 65-3329, and amendmentsthereto, the secretary, after consultation with the governing body of anymunicipality which receives a loan, may adopt charges to be levied againstusers of the project. Any such charges shall remain in effect until the totalamount of the loan, and any interest thereon, has been repaid. The chargesshall, insofar as is practicable, be equitably assessed and may be in the formof a surcharge to the existing charges of the municipality. The governing bodyof any municipality which receives a loan under K.S.A. 65-3321through 65-3329, and amendments thereto, shall collect any charges establishedby the secretary and shall pay the moneys collected therefrom to the secretaryin accordance with procedures established by the secretary.

      (b)   Upon the failure of a municipality to meet the repayment terms andconditions of the agreement, the secretary may order the treasurer of thecounty in which the municipality is located to pay to the secretary suchportion of the municipality's share of the local ad valorem tax reductionfund as may be necessary to meet the terms of the agreement, notwithstandingthe provisions of K.S.A. 79-2960 and 79-2961 and amendments thereto. Upon theissuance of such an order, the municipality shall not be required to make thetax levy reductions otherwise required by K.S.A. 79-2960 and 79-2961 andamendments thereto.

      (c)   Municipalities which are provided with loans under K.S.A.65-3321 through 65-3329, and amendments thereto, shall maintain projectaccounts in accordance with generally accepted government accounting standards.

      (d)   Municipalities which receive a grant and an allowance under thefederal act with respect to project costs for which a loan was providedunder K.S.A. 65-3321 through 65-3329, and amendments thereto, shallpromptly repay such loan to the extent of the allowance received under thefederal act.

      (e)   Any loans received by a municipality under the provisions of K.S.A.65-3321 through 65-3329, and amendments thereto, shall be construed to bebonds for the purposes of K.S.A. 10-1116 and 79-5028, and amendments thereto,and the amount of such loans shall not be included within any limitation on thebonded indebtedness of the municipality.

      History:   L. 1988, ch. 320, § 7; L. 1990, ch. 66, § 43; L. 1991,ch. 195, § 1; April 18.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article33 > Statutes_26447

65-3327

Chapter 65.--PUBLIC HEALTH
Article 33.--WATER POLLUTION CONTROL

      65-3327.   Repayment of loans; dedicated revenue sources; user charges;failure of municipality to meet repayment terms; project accounts;repayment from federal grants; loan not part of bonded indebtedness.(a) The dedicated source of revenue for repayment of the loans may includeservice charges, connection fees, special assessments, property taxes, grantsor any other source of revenue lawfully available to the municipality for suchpurpose. In order to ensure repayment by municipalities of the amounts of loansprovided under K.S.A. 65-3321 through 65-3329, and amendmentsthereto, the secretary, after consultation with the governing body of anymunicipality which receives a loan, may adopt charges to be levied againstusers of the project. Any such charges shall remain in effect until the totalamount of the loan, and any interest thereon, has been repaid. The chargesshall, insofar as is practicable, be equitably assessed and may be in the formof a surcharge to the existing charges of the municipality. The governing bodyof any municipality which receives a loan under K.S.A. 65-3321through 65-3329, and amendments thereto, shall collect any charges establishedby the secretary and shall pay the moneys collected therefrom to the secretaryin accordance with procedures established by the secretary.

      (b)   Upon the failure of a municipality to meet the repayment terms andconditions of the agreement, the secretary may order the treasurer of thecounty in which the municipality is located to pay to the secretary suchportion of the municipality's share of the local ad valorem tax reductionfund as may be necessary to meet the terms of the agreement, notwithstandingthe provisions of K.S.A. 79-2960 and 79-2961 and amendments thereto. Upon theissuance of such an order, the municipality shall not be required to make thetax levy reductions otherwise required by K.S.A. 79-2960 and 79-2961 andamendments thereto.

      (c)   Municipalities which are provided with loans under K.S.A.65-3321 through 65-3329, and amendments thereto, shall maintain projectaccounts in accordance with generally accepted government accounting standards.

      (d)   Municipalities which receive a grant and an allowance under thefederal act with respect to project costs for which a loan was providedunder K.S.A. 65-3321 through 65-3329, and amendments thereto, shallpromptly repay such loan to the extent of the allowance received under thefederal act.

      (e)   Any loans received by a municipality under the provisions of K.S.A.65-3321 through 65-3329, and amendments thereto, shall be construed to bebonds for the purposes of K.S.A. 10-1116 and 79-5028, and amendments thereto,and the amount of such loans shall not be included within any limitation on thebonded indebtedness of the municipality.

      History:   L. 1988, ch. 320, § 7; L. 1990, ch. 66, § 43; L. 1991,ch. 195, § 1; April 18.