HomeMy Public PortalAboutOrd 164 Sp Assm Delay Pmt
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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.
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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.
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by
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Mayor
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City Clerk
APPROVED AS TO FORM:
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City Attorney
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