95-9701 Delay Seitz Assessments(Published in The Salina Journal August 4?, 1995)
ORDINANCE NUMBER 95-9701
AN ORDINANCE PROVIDING FOR THE DELAY OF CERTAIN SPECIAL
ASSESSMENTS FOR PROJECTS RELATING TO PUBLIC HEALTH AND SAFETY.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. Home Rule Authority. This ordinance is adopted (1)
pursuant to the city's home rule authority under Article 12, Section 5 of the
Kansas Constitution; (2) consistent with K.S.A. 12-6,110 through 12-6,114
regarding delay in the payment of special assessments for public improvements;
and (3) as a supplement to any other related provisions under the laws of the
state of Kansas.
Section 2. Delay of Special Assessments. Whenever the governing
body of the city initiates the construction of any public improvement, the
expense of which is chargeable to a benefit district as special assessments
payable in installments, it may when authorizing construction of the project
provide for a delay in the commencement of the special assessments for some or
all of the property within the benefit district for a designated period of not
to exceed 15 years, if the following conditions are found to exist:
(1) Completion of the public improvement is a significant factor in relation to
public health and safety;
(2) The delay in commencement of the special assessments is essential to the
fair administration of payment for the public improvement; and
(3) The cost of the public improvement is to be paid from the city's general
funds and not internal improvement bonds of the city.
Section 3. Levying Ordinance. The ordinance levying 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, when certifying such special assessments
to the County Clerk, note thereon 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. Payment of Delayed Special Assessments and Applicable
Interest Rate. Upon expiration of the designated period of delay of the special
assessments, a property owner may either pay the outstanding principal
amount of the assessment in full or in not more than 10 equal annual principal
installments plus interest. Interest shall not accrue on the delayed special
assessments for the designated period of the delay. Upon expiration of the
period of delay, interest shall begin to accrue on the unpaid special
assessments at the rate of interest applicable to the special assessments for
general improvement projects funded with internal improvement bonds of the
city and bid at the same time as the project for which the special assessments
are to be delayed. If no other general improvement project funded with
internal improvement bonds was bid at the same time as the project for which
special assessments are to be delayed, the rate of interest shall be the rate
applicable to the special assessments for the general improvement project funded
with internal improvement bonds of the city that as bid most nearly preceding
the bidding of the project for which the special assessments are to be delayed.
Section 5. Effective Date. That this ordinance shall be in full
force and effect from and after its adoption and publication once in the
official city newspaper.
(SEAL) AT(T�EST
D ong, City Jerk
Introduced: August 7, 1995
Pas d: Au_gust 14, 1995
John Divine, Mayor