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HomeMy Public PortalAboutOrd 164 Sp Assm Delay Pmt -r~!/?t;'Q 1:1,) /.r -1)1 ,:ry . <; (~' ,') GILMORE & BELL 04/26/90 ORDINANCE NO. /,0/ A HOME RULE ORDINANCE AUTHORIZING THE CITY OF BEL AIRE, KANSAS TO PROVIDE FOR A DELAY IN THE PAYMENT OF SPECIAL ASSESSMENTS FOR A PERIOD OF NOT TO EXCEED FIFTEEN YEARS FOR THE COST OF CONSTRUCTING PUBLIC IMPROVEMENTS IN UNPLATTED AND UNDEVELOPED AREAS OF THE CITY. WHEREAS, the City of Bel Aire, Kansas is a duly created City of the third class, organized and existing under the laws of the State of Kansas (the "City"); and WHEREAS, pursuant to Article 12, Section 5 of Constitution, the City is empowered to determine affairs and government; and the Kansas its local WHEREAS, the governing body determines that it is necessary its discretion, to provide for special assessments; of the City hereby finds and and desirable for the Gity, in the delay in the payment of NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS, AS FOLLOWS: SECTION 1. Whenever the governing body may cause any public improvement to be constructed, the expense of which, in whole or in part is chargeable to a benefit district, it may in its discretion, authorize and provide for a delay in the payment of such special assessments for the cost of constructing public improvements. The procedure for assessing and collecting assessments, for redeeming lands from special assessments and for issuing bonds therefor, shall be the same as the procedures set forth in K.S.A. 12-6a01 et seq. SECTION 2. The delays in the payment of special assessments shall be permi tted for the cost of constructing public improvements in unplatted and undeveloped areas of the City. The City may provide for a delay in the commencement of payment of assessments upon such property for a designated period of not to exceed 15 years or unti 1 such property is platted or developed if the same occurs prior to the conclusion of the period designated. In the event a benefit district is not developed to 50% of its area then an additional extension of 10 years before commencement of payments may be granted in the benefit district. All such assessments shall be due and payable at the time such property is platted or developed or at the expiration of the designated period [or may be apportioned over a period not to exceed fifteen years with interest on the unpaid balance from the date of commencement of payment]. The payments for land which has not been platted or developed wi thin the extension period shall become due and payable in a like manner as if the time for the payment of special assessments had not been delayed and extended. For the purpose of this Ordinance, undeveloped areas shall mean those areas in excess of four acres which have not been platted, which are primarily used for agricultural purposes, have a population density of less than one family per acre and are not served by such public improvement. SECTION 3. Any ordinance which levies special assessments for the costs of constructing public improvements upon property for which the City has granted a delay in payment shall state the period of the delay granted. The City Clerk shall note, when certifying such special assessments to the County Clerk, the words "payment delayed" and the period for which such delay has been granted. Such special assessments, when levied and certified and when they become due shall be collected as other taxes. SECTION 4. Whenever the City shall grant a delay in the payment of assessments under the provisions of this Ordinance, the City shall provide for the payment of the principal and interest of bonds issued for the payment of the costs of such improvement during the period for which such delay has been granted by funds of the City legally available for such purposes or by the levy of a tax upon all of the taxable property of the City in the manner provided for the payment of bonds payable by the City at large. That partion of the bonds issued for the payment of the costs of constructing public improvements which are payable by the City at large during the period granted as a delay in the payment of assessments shall be considered bonds payable by the City at large and not bonds the cost of which are payable from special assessments. Revenues derived from any service charges derived from such improvements may be used to pay the principal and interest thereon. All costs incurred by the City at large by reason of and during the time of the delay in the payment of assessments shall be paid by special assessments against the property against which such costs were orginally assessed and the proceeds thereof paid into the general bond and interest fund of the City. In no event shall said amount exceed the original assessment plus prorated interest which would have been charged initially for a ten-year installment payment schedule. -2- 0040K SECTION 5. This Ordinance shall take effect and be in full force from and after its passage by the governing body of the City and publication once in the official City newspaper. _....~' "j ?~SSED by the governing body of the Ci ty and approved ,.J OS ~ ,~Ma'yor this ~ day of April, 1990. ;/ ~ ;,;;,<,.-, tJ-or~ . ',' ., Gr' .t~r 'I;' ,- '~. Y' I \. I t ,1 "'" '<:1:, ~ I -. ' <'". ! ; \ _~J--~'~? (~~11~ '-, .--\, 'i _, . .. ~, ,~ ') ~ ..'~' ",' r.....,~ >,,\1111 LS,~d .J.t -~ "'j' Ii At*Pt.S:\.~) (I.., ;)';:,'156\\\'\ by K Mayor ~,<~ City Clerk APPROVED AS TO FORM: p~~~~~ City Attorney -3- 0040K