Kansas Statutes 12-6a30. Same; special assessments for projects; reduction or elimination of annual installments of assessments; prepayment of assessments
(a) In addition to any other power provided by law and as a complete alternative to all other methods provided by law, the governing body may make, or cause to be made, projects identified in the petition submitted pursuant to either Kan. Stat. Ann. §§ 12-6a28 or 12-6a29, and amendments thereto, and may levy and collect special assessments upon property in the district and provide for the payment of all or any part of the cost of the project out of the proceeds of such special assessments. If special assessments shall be levied to finance all or a portion of the cost of a project, the municipality shall follow the procedures in Kan. Stat. Ann. § 12-6a01 et seq., and amendments thereto, to levy such assessments except that no assessments may be levied against the municipality at large and annual installments of the assessments may be levied as provided in subsection (b).
(b) If the method of financing for the project includes payment from the sources described in subsections (c) or (e) of Kan. Stat. Ann. § 12-6a33, and amendments thereto, the ordinance or resolution of the municipality that authorizes the levy of special assessments may provide that the annual installments of such assessment for any year may be reduced or eliminated to the extent that, prior to the date the municipality certifies the tax levy of the municipality to the county clerk pursuant to Kan. Stat. Ann. § 79-1801, and amendments thereto, the municipality has received sufficient funds from the sources described in subsections (c) and (e) of Kan. Stat. Ann. § 12-6a33, and amendments thereto, to pay the debt service on any bonds issued under the provisions of this act, and amendments thereto, for the project which would have been paid by such annual installment. The municipality is not required to refund any prepayment of assessments after such prepayment is made to the municipality, and any prepayment of assessments under this section shall be in compliance with the provisions of Kan. Stat. Ann. § 10-115, and amendments thereto.
Terms Used In Kansas Statutes 12-6a30
- Act: means the provisions of Kan. See Kansas Statutes 12-6a27
- Assessments: means special assessments imposed and levied pursuant to the provisions of this act. See Kansas Statutes 12-6a27
- Bonds: means special obligation bonds, special obligation notes, full faith and credit bonds or full faith and credit notes payable solely from the sources described in Kan. See Kansas Statutes 12-6a27
- Cost: means : (1) All costs necessarily incurred for the preparation of preliminary reports, the preparation of plans and specifications, the preparation and publication of notices of hearings, resolutions, ordinances and other proceedings relating to the creation or administration of the district or the issuance of bonds therefore, necessary fees and expenses of consultants, interest accrued on borrowed money during the period of construction and the amount of a reserve fund for the bonds, together with the cost of land, materials, labor, and other lawful expenses incurred in planning and doing any project and may include a charge of not to exceed 5% of the total cost of the project or the cost of work done by the municipality to reimburse the municipality for the services rendered by the municipality in the administration and supervision of such project by its general officers; and (2) in the case of property and projects already owned by the municipality and previously financed by the issuance of bonds, "cost" means costs authorized by Kan. See Kansas Statutes 12-6a27
- District: means a community improvement district created pursuant to this act. See Kansas Statutes 12-6a27
- Governing body: means the governing body of a city or the board of county commissioners of a county. See Kansas Statutes 12-6a27
- Municipality: means any city or county. See Kansas Statutes 12-6a27
- Project: means :
(1) Any project within the district to acquire, improve, construct, demolish, remove, renovate, reconstruct, rehabilitate, maintain, restore, replace, renew, repair, install, relocate, furnish, equip or extend:
(A) Buildings, structures and facilities;
(B) sidewalks, streets, roads, interchanges, highway access roads, intersections, alleys, parking lots, bridges, ramps, tunnels, overpasses and underpasses, traffic signs and signals, utilities, pedestrian amenities, abandoned cemeteries, drainage systems, water systems, storm systems, sewer systems, lift stations, underground gas, heating and electrical services and connections located within or without the public right-of-way, water mains and extensions and other site improvements;
(C) parking garages;
(D) streetscape, lighting, street light fixtures, street light connections, street light facilities, benches or other seating furniture, trash receptacles, marquees, awnings, canopies, walls and barriers;
(E) parks, lawns, trees and other landscape;
(F) communication and information booths, bus stops and other shelters, stations, terminals, hangers, restrooms and kiosks;
(G) paintings, murals, display cases, sculptures, fountains and other cultural amenities;
(H) airports, railroads, light rail and other mass transit facilities; and
(I) lakes, dams, docks, wharfs, lakes or river ports, channels and levies, waterways and drainage conduits;
(2) within the district, to operate or to contract for the provision of music, news, child-care, or parking lots or garages, and buses, minibuses or other modes of transportation;
(3) within the district, to provide or contract for the provision of security personnel, equipment or facilities for the protection of property and persons;
(4) within the district, to provide or contract for cleaning, maintenance and other services to public or private property;
(5) within the district, to produce and promote any tourism, recreational or cultural activity or special event, including, but not limited to, advertising, decoration of any public place in the district, promotion of such activity and special events and furnishing music in any public place;
(6) within the district, to support business activity and economic development, including, but not limited to, the promotion of business activity, development and retention and the recruitment of developers and business;
(7) within the district, to provide or support training programs for employees of businesses;
(8) to contract for or conduct economic impact, planning, marketing or other studies; and
(9) within or without the district, costs for infrastructure located outside the district but contiguous to any portion of the district and such infrastructure is related to a project within the district or substantially for the benefit of the district. See Kansas Statutes 12-6a27
- Property: includes personal and real property. See Kansas Statutes 77-201